Senate Convenes

Senate will come to order member center please call. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. One please stand including those in the gallery Senator Stubblefield police in prayer. Father we thank you for the day you've given us I just thank you for the privilege of being able to come here and and each one of the senator to serve you in a I thank you for loving us we're someone worthy that is private. Let's do not think more highly of ourselves that we should and I pray that you would give us spiritual wisdom law lord and not for our glory but for your glory. And father pray for Leslie's family just lets them up to your per your comfort them and Porcher grace on on that family. I just forgive us we fail you thank you most of all for the lord Jesus for Levinson the centers on the downforce. An ISIS in his name amen. I pledge allegiance. One indivisible with. All. Watson. Senate. Leave for senator garner and Senators. garner and Senator Sturch without objection. Any items at the desk. Yes Sir Senate bill seven forty four by Senator Irvin. To identify before United States congressional districts of Arkansas based on the most recent federal decennial census data and declare an emergency Senate bill seven forty four state agencies. When your committee on public health to whom was referred house bill nineteen seventy seven by representative right right to recommend to pass. Calendar. Senator Hammer is recognized for motion. Thank you Mr president like to make a motion to suspend the rules in a house bill nineteen seventy seven to the end of today's calendar after all other business is conducted thank you. One second center Senate making a motion to suspend the rules you want to. One of the centers with that is what which yes Sir thank you also a few. sure it up quizzical. Expression. I read you Mr president. House bill nineteen seventy seven came out of public health this is the exact same bill as Senate bill seven thirty nine which we debated in public health in here on Florida great extreme the other day there are no changes in that bill from the one that I presented the other day and because it came out of public health without opposition this morning would like to go ahead and add it to the counter so we can debate today and hopefully have it resolved today and that's what I'd like to ask rules be suspended for to be added to the counter okay any questions. Motion to suspend the rules all those in favor say aye. Those. Is have it the motion is carried H. B. nineteen seventy seven will be placed at the end of the calendar Senator Ballinger. Okay passing over Senator Ballinger Senator English. This the Senate bill seven forty three by Senator English. Senator English thank you make a motion to place Senate bill seven forty three back on the second reading for the purposes of an amendment concerning technical corrections. Okay there's a small technical changes need to be made by an amendment to this bill so we're going to spend the rules up. At the bottom of the calendar that's the motion Senator Ingram of what is in technical corrections. I want to say. The technical corrections that you're asking for the amendment for it was just a sections written put in improperly into the bill. And which sections would be improperly put the bill I'm asking like what this is two I thank. I just I don't remember I don't I don't. Get the thank you can Senator Pitsch. Senator English I don't mean to be. This I promised myself I wasn't going to challenge this anymore but yesterday we did some small minor technical corrections in my county obviously didn't fare too well that are there any people associated with these corrections today. I'm I'm going by Senator Ingram question what it what is this really do and yesterday was a technical correction that the bureau found in the bill they found themselves in a needed to be corrected its renaming the sections I think that's it's about it's very minor can you tell us today follow up I guess Mr president can you tell us today unlike yesterday where people were removed from counties with minor technical direction now there are there anybody can all lose or none of that it just change add to section. Into the bill. But it does it add words doesn't add any people County anything. This is a motion to suspend the rules of the bill can be amended okay all those of favour say aye. Close I have a motion carries now we're on the amendment amendment to the Senate bill seven forty three. I am moved for adoption of the amendment. Any questions I think we've already had questions on the amendment okay all those of favour say aye. Close. Is have it members adopted Senate grossing. Thank you and I'd like to announce. Motion to place it the Senate bill seven forty three at the bottom of today's calendar after it is engrossed motion to suspend the rules take the engrossed bill put it at the bottom of the county the questions of those of favour say aye. Those eyes have it. Motion carried the bill as amended it comes back from a grossing we'll go at the bottom of the counter follows one more about the. Handle. H. B.. nineteen seventy seven. Sir Chesterfield. Thank is there a limit to the number of questions that we can ask of the makers of motion. No. Thank you want to keep yeah. Yeah. Yeah what does that mean look at the and I mean I know I know it. Yeah James okay okay thanks. What made it is a Mr Sir Chesterfield or anybody else that was asking. The description of this change is a technical correction means in this case not substantive in anyway. This is like a error or omission type thing so. Anyway Senator. Hammer. Says. Senate if it's okay with the president what was omitted is the intro language was just admitted yesterday because of as you all know we were trying to get the get that amendment in that bill through by certain time and that's all that was. Thank you. Senator. Hammer. On the bill that you just suspend the rules on and this does have an emergency clause. This is HB nineteen seventy seven. House bill nineteen seventy seven by representative Bryant and concerning employment issues related to COVID nineteen revised employee exemptions from federal mandates and employer mandates related to have aged nineteen and Claire an emergency. So. Thank you Mr president I will not debate the bill again because I think that was done very well at length the other day but I would like to make comments to the emergency clause and address a couple things that I was asked after the meeting the other day that I'd like to address is been expressed by some businesses but not all businesses and I want to I want to clarify that not all businesses have expressed this interest or this concern about the emergency clause some have expressed that they have not had time or would not have time to get systems in place in order to be able to accurately track the information that's going to be required in the bill my counter argument to that is this you've already been tracking. Who has had the COVID vaccination you already know who doesn't have the vaccination. And so while I would not pretend to know what it's like to be a CEO or HR director of a large company on a smaller scale companies they all have personnel files and I think that that reasoning for not allowing the emergency clause to go through is not a valid argument I think this probably being used to argue against the intent of the bill as a whole that was one thing it was presented to me again I want to remind you they already know who does and who doesn't as was given testimony on the floor the other day one company already has ninety percent of their employees vaccinated that means they would only have to track ten percent I don't think that would be as difficult of a task for the vast majority as it is being presented to some members and so therefore I do not subscribe to that being a good enough reason to vote against the emergency clause the second thing that I would notice this. It comes to trying to defeat the Emergency Clause and this in my opinion is not a stretch but I think it is something that at least needs to be introduced into your thought processes to make your decision and that is it we have companies who do not want this bill to be passed these are the same companies as was made an argument in committee the other day which I don't think I made on the floor these are the same companies and some of the same companies that want to take millions of taxpayer dollars in order to help and I think may be and I will give them credit whether get deserves not Senator Solomon may have made this point that we are giving millions of dollars to help offset the cost that if we're going to operate in a free market. Such a society or free market approach then let's not give those dollars and may the best one we in. The fact is that you're about to fire a segment of the working population who paid taxes that indirectly came to help give you back that same tax money in order to help keep you in business it's the cycle and now you're going to be kicked out of the cycle I don't about you but in the standard of fairness I don't think that's right that you want to take people that are willing to show up to work. You want to take people who have stuck with you through this entire mess called covid and now you want to put them out on the streets. I just don't think that's a mindset that I would want to support I'd rather support the mindset of this bill including the emergency clause that says we are going to give you as employees protection. So that you can keep your job because I close my comment on this if these people are terminate and if these people have no ability to draw on employment how many are going to have to cash in there for a ones how many of them and twenty year employees with companies that now late in life they're expected to just go find another job fifty miles down the road doing what. And here we are we pumped millions of dollars into businesses and corporations and and medical facilities to help keep them afloat. And now that we get to this point we want to say thank you very much I'm going to throw you to the curb I got a phrase I'd like to use for that but I am a pastor not be I don't think it's appropriate to use in public but use your own imagination I appreciate a good vote I'll be glad to answer any questions. Before we Senator Solomon this guy's center we take your questions. Thank you for all tribute that to you senator Gardner Garner not myself. Here but also because the business is also delay implementation of their termination policy while they prepared to implement the new policy. I'm sorry asked me a question yes so if the time line of businesses say we don't have time to prepare they could they could push back their implementation policy of when they're going to terminate people to give them a lot more breathing room to implement that new policy. I think that given the topic of conversation and the environment at the federal level which is created this mess in the first place that were having to you know work our way through I think I think they could have had their policy prepared and ready to go knowing the traction this was getting and knowing what was coming down from the federal level I'm not sure that it your question but okay. Thank you for. Senator Rapert as questions. Yes Senate and senator is it not true that. Any company that chooses not to. Force action nations. There's no planning needed here right I mean they're not there's not going to affect them at all correct that is correct this bill. If if the company chose not to mandate. If that option support them then this is me point for them so so it also denies you say it just stands to reason. Company is somewhat frustrated in some way that they can resend any demand for vaccinations immediately and there would be no there's no demands on them from this bill whatsoever. I would agree yeah and. I just for the sake of asking did you ever have any one comment to you at all and during the process of this. I'm trying to use the right word. I don't think it's fair dealing but I wonder if there's any violation of any other employment policies when a company tries to sidestep a valid religious exemption by manipulating the process to say we're just going to put you on on paid leave for a year. I guess my opinion well known not really as asking if you know what to be a violation of any any for any employ other employment law I think my opinion is it's not fair dealing to to people and I will try to answer the question this way that has been given testimony in committee the company has done that that they said will our will recognize your exemption and here's the terms by which we will recognize it okay and and I would only. You know individuals don't have deep pockets in order to be able to afford what it takes to defend yourself sometimes and and to that person it makes it difficult for them to really get full due process I think is it also true that state's constitution that individuals have constitutional rights. Not entities I think that a fair statement right thank you thank you. Any other questions Senator Dismang is recognized begins but I'm I'm gonna say I had no intention I didn't know we were I thought we were going to debate the bill again but there were a couple of points that were made that I don't think actually correct number one. When we talk about these aren't all businesses we talk about all businesses we try to do this big blanket thing And we try to make it so that you know even your mom and pop of three people are the same thing as some large corporation that's not true an individual's own businesses and those individuals that own businesses have rights to. They have rights to manage the property that they borrow money for they put up capital for whatever you want to say they made the investment they took the risk they made the sacrifice in their gainfully employing people because of that which is a great thing. But when we talk about the the federal money in the state money and whatever else that came through to help businesses what I'm going to tell you we did that because we impose mandates. We restricted commerce we restricted who could go into a restaurant how they could go into a restaurant how many people can go into a restaurant over and over and over again and we altered their business practices practices not because they may decide to that on their own they may have weighed the risk made that decision but we did allow them to do that we told them what they must do. And some of those businesses got help justifiably so because the government intervene with what. A mandate. Just like this is it's a mandate like it or not this is a mandate on not this is the companies that would like to attend just to talk about it saves only folks these impact no it impact small business owners to. That again are trying to weigh all this information here to make the best decision making and for their customers for their employees for themselves. Our mandates that were put in place businesses did not survive those. Mandates are counterproductive they don't accomplish what we're trying to what we think they're going to conflicts I was opposed to mandates in the beginning I'm opposed the mandates now and I appreciate your time this morning thank. Thank you senator senator spoke against Senator Rapert before is just speak for. Thank you members If the business doesn't choose to violate someone's personal and individual liberty. By forcing them to do something that is against their will. They don't have to do anything of this legislation. Nothing was required. Unless you're going to go over that line and you're going to violate somebody's individual liberties. If that's the case then yeah there's going to be an option for. So just to make this case clear then I'm going to be quiet on this issue you know what I believe it's it's a liberty. Thirty eight just thirty these are you these are these are interview questions you can't ask people you can ask him or you US citizen. You can ask what is your native tongue you can ask how long you've lived here you can't ask what religion do you practice you can't ask which religious holidays do you observe do you belong to a social club or organization you can't ask those questions you can ask how old are you you can ask how much longer do you plan to work before you retire you can ask what is your maiden name you can ask do you plan to have children you can ask can you get a babysitter on short notice for overtime or travel you can't ask if you have kids you can't pass if you who's your closest relative to note of notifying case of emergency this is from an H. R. policy statement. You can't ask if you get pregnant when you continue to work in when you come to come back after maternity leave you can ask those questions you can ask we've always had a man or woman do this job how do you think you're going to stack up you can ask that question you can ask can you feel about supervise and mentor women you can ask what you're what you're gonna think of inter office dating of all things health do you smoke or drink can ask you take drugs you can ask it how tall are you you can ask it how much do you weigh you can ask you have you been arrested you can't even ask that I could go on and you should be asking. Are you vaccinated or not. Thank you definitely should be trying to force it on someone because you don't know if you're the woman that was at my house the other day with her husband who had a brain tumor and her doctor said you can't take vaccination and then she went to a facility in was literally treated as one person quoted in our committee that she might be unclean. This is not a leprosy colony for goodness sake. As I said before the other day people need to calm down we're trying to take care of each other and we turned into this massive division which is wrong people are going to absolutely regret we've already had this week new announcements of Johnson and Johnson and even more blood clots in people nine what in the world are we doing. I really wish that we had legislation said you can't even ask them at all that's what I would favor but at least in this situation you're giving people an option just like we did the pain in the past and just like we should do today we need to vote when you vote to emergency calls in because it's important for liberty for the people of Arkansas they're crying out for help we've seen people crossing the line they're making statements they should make and we all dealt with this. It's getting to the point where people feel they're backed into a corner. We should not be complicit with this charade in this country some begging. Vote for the people of Arkansas regnant popping populace is right there on that seal the people rule it is individuals that own businesses it's individuals that have non profits it's individuals that have civil liberties in as long as I'm reading the constitution it's individual liberty that should be paramount thank you. Sir Leding. The. Senator Rapert you will take questions. Serletic recognized thank you Mr president. Senator Rapert I appreciate the the long list of things employers are allowed to ask because I firmly support privacy but in my age or marital status or whether or not I'm planning to have children or my particular state affect you in anyway in this working environment. Salient Senator Leding I don't know I'm sure you've got it expectation so make it clear to me notification of the testing players aren't allowed to ask them these questions because they are what matters of privacy my marital status whether not appoint have children of my religion I practice those things can affect you whereas my vaccination status could potentially affect you if I in fact you at work. Well you know actually you being vaccinated could affect me or anybody else out there you could affecting unvaccinated person because we know the science says that number one you can still be infected and get COVID and you can still transmitted and to be honest with you it's probably on safer for you to run around thinking that you're vaccinated and spreading it a symptomatic that it is somebody that might be taking precautions. I appreciate that we do know that breakthrough cases are possible but we also know that the science shows that people who are vaccinated are much less likely to infect others or to become infected themselves thank you I don't believe that's the science today at all Sir that's that's not true. They say that you can spread it just as easily. Centering. Recognized. Well we had two hundred million vaccinations had six thousand breakthrough deaths I mean yet that that is a very small but my question is fox news. Requires their employees to be vaccinated wear a mask or they have to take a test date if they're not vaccinated do you consider that a violation of their. Personal liberties I'm an American citizen in Arkansas citizen I'm not a fox douches. Do you consider that is in this Act putting in a that's a violation of their lives I think the day of made a knee jerk reaction that they have been they have bent like a lot of people to peer pressure out here and they're getting it people get embarrassed because the science is not following for their policy is going. And that's a real tough thing to do that's why I have advocated for good common sense in this situation every step of the way. Senator you will know my own situation I was sick sick sick very fortunate adding one ventilator myself lost my grandfather my dad got out of the hospital yesterday. He went in July the seventeenth he was on a ventilator over thirty days he's very fortunate I mean there's no reason that he be alive except god decided to save him because the doctor said they've done all they can do in the learner to Wall and you know what we've got members here this been sick centering on my eyes it's it's it's is a tough debate. Because we've got friends and family members who have died in this state I hate it. But I'm not willing to run like a lemming over a cliff. It cause more damage to the people of Arkansas in this country and that's what this is doing to people you answer my question when you said fox bent to pressure that that was all the you into their thank you senator I'm glad you got my point thank you senator. You always speak in favor. Get it in favor against favor favor I don't see anyone else speak you Senator Clark. I thought would handle this too but I'm also against mandates. And I've been contacted by a great number of businesses. Of. not only are against mandates of they are afraid they're going to lose their businesses. Because larger businesses have already contacted them and told them that if they don't of force their employees to be vaccinated that those larger businesses are no longer going to do business with them. We do have in my opinion of former bosses room of we're government has worked in concert with business to do what government could not do that with the body ministration it's open and we see it. The. But I agree with Senator Dismang that business people ought to be able to run their businesses they're not able to this legislation enables them to do that enables them to be free to run their businesses without without the force of a larger business telling them you'll either do this or else because with the state law that prevents them from being forced to do that they will have that. I appreciate your customers a call recognized for a question thank you for. And Tucker as well. And I guess what I would say because I don't wanna give false hope to these businesses that are being told that we can't contract with a larger business or whoever it is because we have different vaccination policies mean the way that I read the bill this does nothing between that contractual relationship between you know the large this is our small small businesses whatever it may be a means an example would be you have a you know a band or a you know concert looking to put on here in Arkansas and part of the requirement is at this stage hands at that concert all the the accident before the willing to come here there's nothing that we can do inside this legislation of the legislation means that band that they're going to come here and just like we can't tell one business that you must contract with another there there's absolutely nothing in this bill that helps with that in in any way I mean if if a big company requires a hundred percent vaccination status the small companies that are in their building. Stop that this legislation does not stop that and I just would you agree that that's not really part of I don't see or could you tell me where it is should the legislation that assist with that situation sure of you can have a contract that violates the law. So if if the law. Service that you can have a vaccination policy but you have to allow employees to either show of unity or test then that's the best that I can do and you can't force me to do beyond that. In a contract or you have a contract it's illegal because it's breaking the law. I don't see where we touch on contracts in this legislation in any way with the exception of the contract between employer and employee the contracts between businesses there's nothing in state law that mandates one business to do business with another and this again just because it's a relations a contractual relationship between the you know that single business their employees in the in the employer you know it doesn't it doesn't give grounds to sue to extend that contract and there's nothing in this legislation that that is CS with that contractual relationship and I'm just I understand where you're coming from I would just say unless you see it somewhere that this we why don't wanna provide false hope to any small business owner that their contracts are no longer in jeopardy because I don't I believe this only deals and again if you can point out differently between the employee and employer in a specific business any time we pass a law. whether whether it be stiffer penalties for crime. Of or whether it be this we absolutely added protection and the protection is again you cannot I cannot have a contract that goes against Arkansas law and then expected to be enforced of an Arkansas court the so again if somebody comes to me and says here's what you have to do on that here's what I can do. I can have a policy that all vaccinate my employees according to Arkansas law which is if they if they offer. That there Akorn Arkansas all the room if they are offered to test of a week I can do that and everybody else so once we actually can't I can't go beyond that let's Arkansas law that's the best I can do and that no one can force me to go beyond that if they do then what of what I do beyond that is between me in that company but. There's definitely a case. So but if so to go back to the example of you know there's a banner shows one income put on the show in Arkansas they require an exit vaccinations the backstage folks you're telling me that this would have protection to the venue and almost required then that they accept the Arkansas law regardless of how they feel about vaccinations and put that show on here in Arkansas no. But then what's the requirement again and then in in a bigger picture. Again I just want to give false hope but. This is this is not protected I don't see it in unity see it. Please pointed out how this protects the contractual relationship between two businesses operating surge This going to about two different things you're talking of your vote your term but someone coming in from out of state who can come or not come we're talking about existing contracts with large vendors with large companies in Arkansas and smaller vendors in Arkansas that are already doing business. Of that are threatened with losing those contracts or they don't have their and voice box and this pop absolutely will add a line of defense and as we know in the courts and how much you're whether you're willing to pay lawyers what you will do is always a question mark but absolutely adds a lot of defense. Senator Tucker. Thank you governor and my question is really exactly with the same line of questioning I agree with you that corporation a cannot force corporation B. to do more than than what's required under the law but the recourses Corporation may no longer has to do business with corporation be if they don't want to depending on the terms of that contract and I've heard of specific instances of an Arkansas corporation that has a contract with a a large out of state vendors where that vendor says if this law passes and you all can't mandate vaccines anymore. You know we can't make you do that but we're not going to continue to conduct business with you that a lot of times specifically with this instance I heard of their entire business exists on the premise of this contract and so if they if we pass this law and they lose that contract that company goes out of business in those people lose their jobs so I just wanted to add that in and ask if you have any thoughts on that. No I don't that's the first time that that's been brought up Senator Tucker. Thank you. Okay anyone For for for Sabrina. Colleagues in America is a is always stood for religious toleration of non core shin and protecting the rights of conscience is a matter of fact. You look it up Quakers are not required to serve in the military because to do so would violate their sincerely held religious beliefs Jews and Muslims were beard of for the religious purpose by keeping regardless of what business might require. The compulsory twelve euro educational for Americans to each is not apply to the Amish for their religious beliefs hold a child should be taught formal education for only eight years. Legal argument to say that the the pledge of allegiance in schools is suspended for Jehovah witnesses because religious beliefs require they pledge only leave just. To know more other than one got mandatory vaccination for school children are not required in the Christian Science schools whose religious teaching forbid that procedure. So America has always stood up for religious toleration non core shin. In protecting the rights. Conscious. Yesterday's testimony in Washington DC. We look we listen to a whistleblower who had worked for one of the largest private companies in America for many years testified that this company. Who has a lobbyist budget that is larger than Boeing McDonnell Douglas Bracey on if it is a matter of fact it's larger than all of the industrial military complex. And it's called Facebook. They spent more money lobbying and buying politicians often Washington that any other company in the United States. Facebook you know how they use you now that you some other power. They use it to destroy the lives of young girls. Through anorexia by manipulating their algorithms she testified that they had been doing this for years to damaged kids our children. This is a independent company. That is bought off politicians so they would be regulate. You keep letting this go and that's exactly what we're going to hit here. Thank you Mr. Sir Clark you've already spoken. We'll. I think there is. Yes there is. Right to the body can do whatever the body wants to do. Rules down here make your motion. The twenty four votes. To let him speak again he will speak again. Mr president I move that we suspend the rules and allow Senator Clark to speak again on this particular bill. For this for this limited to this particular bill okay anybody got any questions Senator Leding. If we suspend this rule will not allow anybody to go back down there multiple times in effect allowing for a waiver of the definitely he'd be specifically. It depends on. That's not what my you want it. But I would add you to it if you would like Senator let. Okay all those in favor say aye opposed. Hi motion fails. all right so you're ready to close Senator Hammer. His clothes out bill which we. Handled under a different name of couple days ago thank you I wanna make sure and perhaps I was strongly my motions while ago so let me go back and say that I appreciate each and every business that does business in the state of Arkansas and I appreciate every business that wants to do business with businesses in Arkansas but the reason this bills before year's because we've had our Kansans who work for companies. That know that they are about to be terminated from their jobs if we don't create a reasonable commonsense pathway board. That is a fact I can't speculate about what the future holds I can't speculate how anybody is going to react to this. This bill I think will be of good value to businesses that have communicated with me we need an umbrella. We need something to protect us from the rain of insanity that is falling out of Washington on us in this umbrella can give them that protection. Again I want to remind you that it says. That for those that voluntarily mandate or that are forced to mandate that this bill will provide protection for those who don't want to but are being made to to the point that was made a while ago about companies that are out of state they're gonna look at this piece of legislation and say that they will no longer do business with companies in Arkansas I would just say this and I may be wrong but I think I'm ninety nine percent right they could do the same thing now say if you provide religious exemptions if you provide medical exemptions were not going to do business with you when is that going to stop. My. Appealing to you today is this for those businesses like some in my district that approach me that have six hundred employees that have two hundred employees that would have been caught in the hundred and up mark that have said would you give a slow release I believe this bill is a good step toward that. Relief that they are wanting and I appreciate a good vote on both the bill an emergency call okay thank you senator couple things please speak up. Madam secretary madam secretary was just remind me that. Been hard to hear one thing I want to mention the reading can be dangers such a joke but technically every vote is supposed to be from your city the reason we ever have we ever have this sound the ballot thing is because people vote they're not in their seat and we get him back in see technically the rules that every vote. Each member shall answer from the city so if you're in you're saying we can avoid. Additional. Machinations please call the roll Mr we have to pair at the desk. Senator Garner yes Senator Hickey MALOCH. Senator Bledsoe no Senator Sturch yes. Ballinger. Beckham yes. Bledsoe knows. Caldwell. Chesterfield. Clark. Davis. DISMANG. Eight. Elliott. English. English. Flippo. Flowers. Flowers. Garner. Is this Yes Gilmore hammer. Hendren. Hendren. Hester. Hickey. Please yes. Hello. Ingram. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Rapert aye. Rice. Sample. Stubblefield. Sturch yes Sullivan. Teague. T.. Tucker. Wallace. You wish to vote or change their vote Senator English is no. Anyone else anyone else. Cast up the ballot. Twenty two days twelve days bills passed merge the calls fails. Please go up. Senate recognized thank you Mr president like to make a motion to expunge the both the emergency vote by which it failed the bill will remain but the emergency portion that part to fail but like to expunge that vote on the emergency clause okay any questions. All those of favour say aye. The does have it requires twenty four votes. Roll call one two three four five planning please call the roll. Much strictly on the motion to expunge. Senator he Yes emergency clause expunging okay thank you. Ballinger. Thank. Bledsoe. Caldwell. Chesterfield. Clark. Davis. DISMANG. DISMANG. Eight. Elliott. English. English. Flippo. Flowers. Flowers. Garner garner. Gilmore. Hammer. Hendren. Hester. Hickey Hill. Ingram. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Rapert. Rice. Sample. Stubblefield. Sturch Sturch Sullivan. Teague. Tucker. Wallace. You wish to vote or change their vote. Senator English is no. His or. Yeah let's look yeah we're but anybody in here voter change of a. Garland I. Sturch is. The total okay searches I. The a ballot twenty two days eleven days the motion fails. Mister Senator Rapert as a point of order is the best way I know to do that. I would like to hear reason the. When we have members paired votes on a bill. It in the manner contemplated there so I'd like to have some feedback because. I've never seen a situation that this in just like this I don't recall where we've had a pair be questions when it came to the emergency clause issue and I just wanna know that yeah well awe that the pair is for the vote on the bill I get that. Thank you but we never we never know cannot anticipate when it becomes an issue on that separates that rules that problem when I'll be in here You will actually I have the floor you're with the point of order if you'll you you people say so but if not I was just wondering if you ever had a problem with your. It's the. Okay. Glorification not a not a challenge but I mean honestly I mean the underlying bill that they do it so and I have an answer asked and answered your questions this is a little vote on this bill okay nothing else what is your expunged that this is not a what is the rules give give in as it relates to the emergency clause what what efforts to a member have what we have the ninety days. No I understand that I mean you know somebody's going to allow a vote or not here that's an extraordinary thing Mr. So that. Okay. The page where it. On. On the wall but there's no for the motion. We can't make mean it is this is not debatable this is not about that so so what you are telling us now though is that do we do have pairs where they could vote again. But what they can't get there because the most. I understand that. Apart. I see the pair vote. Turnaround told me there was another pair. Okay there is not a pair for the motion again as as a member of the Senate I was asking for good clarification because this won't be the last time that this comes up so that's what I was looking for is it because the kids counsel had any kind of rule clarification at all. she said. So. There's all those. Okay thank you Mr okay thank you. You are recognized of you can be recognized. All. Senator Hickey you owe it okay. Just. Senator Hickey this. Well and just for clarification person Rapert if you look at the board we had two members that had requested leave that actually ended up voting I mean that was at the the call of the chair things were a little bit confusing and so to your point they actually voted without a pair which I think we can make an objection strike those those we want to I don't think anyone's intention is to do that but they did the actually I would contend that if you think that these things are important and valuable to you as a member then your present. No I had a point of personal privilege I don't have to ask questions. But again the numbers. They had the latitude to vote without even being here which be a violation of the rules share you know was trying to be appeasing to the members in this body and I understand that we could ask and striking do all kinds of things but members are doing that but I mean to your point I think everything that you were wanting to happen happened. Even though they were in violation of our rules and setter I would say to that point here's the rule on that there are a lot of things that we do in this body. That are based on grace and comity not comedy. It's something different but competency and so I don't always enforced because it's up to you to object if you do not object. That's the way it rolls someone could have said sound the ballot in everyone would have to be in the city no one is that okay that's cool but you know so that's that's. Senator Hickey then Hammer then right. And thank you I missed you actually made the point everybody here needs to understand what Senator Dismang said was right those players that that were there they even got to vote on the motion that was on the screen senator garner and I had a conversation this morning about this and of course I paired with him he knew I was going to be voting no. Senator Hickey is a perfect example what this one wall. Also speaking is. I would say that. I've given very server does. You know but no. I know that is a perfect example of something that we violates the rule but we let him get away with please say so and just to go one one step further Senator Garner and I had a conversation and I said Senator Garner here's the thing I said you need to let me sign additional players with you so that if the same thing happens on the emergency clause that you'll be covered also said no I'm not for sure about sounding the ballot I knew sitting out there a minute ago that I could have sounded the ballot and made that stop but I didn't do it out of respect because of the member had to be somewhere I knew exactly what they wanted to do all of those votes were exactly like everybody wanted them to be so nothing nothing would change either way. Senator standing right but I've already said that Senator Hammer then your question for Hickey. Okay what senator Hammer than Rapert the Chesterfield. Yes. Senator Rapert okay Senator Rapert you're recognized then center just. Okay question for you okay. Let's do it after this order here that's okay Senator Rapert. Since we've wishes we reach this position and again I do think the chair in for Stephen the council on that I think it is. I thank the chair for the explanation because we haven't hit this particular stumbling block you're reading today and so I appreciate that and you know the rules the rules and I appreciate that and so it's valid to say if it's important to be here I want to make sure to clarify though since there were names that were mentioned in and stated that somebody voted in they were here again. There was a name that was voted on the original bill that year remains empty another member called yes for that that member in that that your main simply I'm not going to call a name because to me I just wanna make sure that we understand that what's the what's the chair stated is that we have some grace in here and I'm I'm going to state this in and I will say this. I have seen many many times. That we vote for or against a measure. And there is grace that is being given on an emergency clause many many times that we've done that. But I know we're at this point the body and I think that means that this session may go on further thank you thank you Sir representative you still want Senate bill okay Sir Chesterfield please please. Chesterfield. For this year with the body can we see the the board again. So. Also isn't technically part. Please rate as our. Because we continue to talk about it but I believe that everybody who voted. For the first even those who were sent voted this last in the bill did not pass but it's on the internet's okay I wanted to make sure because we continue to make this issue. and I'm. We continue to make this issue everybody's Sturch Vaught all of them will vote we could all we knew they were. Senate with the ballot but we did not in my career thank you. I heard that but I appreciate you. Server. Just clarification if if. If you believe that you if you take leave you can still vote at the pair that right. Okay I just wanted to make sure that they're not technically okay. Okay. I don't know where we are she. Senator Hammer. Sure I'd like to make a motion after the motion I'm going to make a request after the motion when we see how it plays out I'd like to make a motion in lieu of all conversations taking place today and just like when I got up here and said let's send the bill to public health because we don't want a cloud hanging over this thing or I want the same courtesy now to ask that the that the motion by which the Emergency Clause failed. B.. Erased the royal motion by which the expungement of the emergency call but right that's what you say that's what I'm saying that's what I want that's what I'm saying that's what your main that's right thank you got you you for the motion. Any questions your question Sir Clark. This is did you. Does have a question did you ever call that motion to expunge. I don't believe you're right. If that's what we're talking about. But before you cast up the ballot. We were stopped. You you you you must have. We we yet so what happen is it failed and then. The discussion of committee. Correct. Okay Mister chairman clarity I also. I checked with Steve and I think I've got dangerous I understand but I would never dare to speak without that. But we have a we have to Senator urban's question we have to members who have requested leave. And then it's okay for them to voted as a pair but we had fellow members cast their vote for them while they're on leave with this added motion I don't think that is in a rule books to be okay I would like to point of clarification wall. Or understand that I don't think we. I can get so you all you know that thank you. Okay Senator John mark Johnson. Thank you Mr president a question for Senator Hammer is a it's a procedural thing I'm just not sure Senator Hammer issue if your motion in effect. To ask that the Senate. Apply the same curtesy you that we were discussing earlier as far as giving sponsored benefit of the doubt on on how to proceed and to keep the clarified and and but basically transparent to the public is that the purpose of your motion. The purpose by motion. Is not to. Imply that anything. Improper has been done. But so to remove the possibility that anything improper would be. Are you. That the best thing to do is a motion to expunge the vote by which the emergency portion of the bill failed. And then. I'll disclose full intent. I would not ask for this to be heard today but I would ask for to be added to the counter wrong in that way members who are not here can make sure that they're pairs are played out down the way so this the answer to reply this is a an attempt to provide clarity. Yes thank you senator thank you miss Peru. The vote to expunge. That is thank you got a question and if we are not going to. Allow the members who were on leave to vote can we list them as on leave so they're not recorded on the screen alternately recorded as just not voting on this. Well it wasn't showing it on the screen I'm showing the right. But not on the motion to expunge on a motion for. She was. Also but it. We just remind you if that's what you. If you will just say. Share your Mr president can can we get can we get a summary of the news got a pair who did have a pair he's here he's not here that sort of thing we're happy to do that I just want to insure that they are officially on the record online showing that they have taken leave today so they don't show up is not the the the people think they were here that didn't vote on the motion that will reflect on the record yeah. Right. Right now the the attendance and this is printed off of the computer system on the website but the attendant shows whose excuse who has. So it will shut on this screen it will show online but they that's right for anyone holding this document on the vote Thank you to all that's agendas of the screen it just say excuse on the boat. It may not I'm not we talk about that I don't know what the computer shows what it does this is the overall attendance for the day this is not a vote okay so what it shows on the vote hi we'll have to we'll have to get it at thank you. All members yeah I think right right. She. This is. Okay. All the vote on the motion Sabrina can note that on the page of that vote and is happy to do that okay. May I may I have. Just. Right right but that has to be done by each vote as opposed to the attendance obviously if someone watches the video which I'm sure they want to do aw I the leaves will be indicated their and senator Bledsoe and and I think Senator yeah Senator Bledsoe. So so if you have not paid and you have not taken leave you cannot vote is that correct. Think what she's talking about is a different. But some would say it would be wrong to vote for member as we have traditionally done this body. I mean you could object I mean the the rules giving yourself. I mean. We've always done the same thing if you will coal. Someone's. You know you could object under this rule. Word meaning right we'll we'll really each member shall answer from a state. What I want to do is to establish the condition is that right or wrong that is that that. Okay. Okay thank you. That there are a lot of things like that are called grace but yes tradition custom comedy whatever okay so we are done with that and we ready to move on to item at the desk I think there's a lot does. This. Senator Hammer please stay data center and. We will record. You can't abandon ship of the committee model of your motion you created this powerful full. He just went to the house okay I don't blame you okay this is on the the motion to expunge the vote on the export of the emergency call by which it failed. Although it requires twenty four All those of favour say aye. It's close but he's twenty four so the nose have. The notes have it does roll call roll call one two three four five six seven eight nine please call the roll requires twenty four. Just trying to be fair Senator hammer back to them Ballinger. Back. Bledsoe. Caldwell. Chesterfield. Clark. Davis. DISMANG. DISMANG. Eight. Elliott. English. What. Flowers flowers. Garner garner. Gilmore yes Hammer. Hendren. Hester. Hickey. Hello. Health. Ingram. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Rapert aye. Rice. Sample. Stubblefield. Sturch Sturch Sullivan. Teague. Tucker. Wallace. Senator Hill aye aye. The ballot. Twenty three eight days the motion to expunge the expungement of the. Well you're of the emergency clause. Senator. Some of that I'd like to make this form of a request I need to make for motion let me know I'd like to request that this bill be held here in this chamber before being transmitted to the governor till tomorrow. Before transmit I'm sorry to be held. Yeah to be before transmitted the House like for to be held. Thank you. Without objection. Senators objected. So the normal course of business would be for this bill to move so if you're going to suspend the rules. Please state your full objection then this hell have to he'll have a motion to suspend the rules to take us out of regular order. Yes well love is my objection is is that I believe you should be transmitted I believe whenever we started this today we all said this was going to be brief obviously that was not the case there's been leeway given as I've already been down here and stated we allowed members that we're not here for their votes to even been recorded yes and it did not pass so at some point we just need to go forward with what it is quick negotiating or whatever we are back and forth and get this behind us here to do congressional redistricting. From the very beginning day one and I believe that this even bins alluded to that this thing is not constitutional by some of the people that are for I have said that from the beginning that we are not supposed to be here doing any of these bills so my vote is no for a variety of reasons so I believe that if you go for it so I would ask that the that we would transmit to the House it will not be transmitted via unanimous consent a motion to suspend the rules is required. This twenty four. Mr president. Senate recognized like to make a motion to suspend the rules for the purpose of holding house bill nineteen seventy seven here in this chamber you for the motion is non debatable. Twenty four votes. So I. Senator Hickey objected to it being transferred out right and then Senator Hammer is moving to also keep it here they might do I have all the correct. Senator Hickey Senator Hickey was objecting without objection yeah what operating by unanimous consent comedy we're going to be objected to it I'm here yes but what I heard senator Hammer say was a motion to suspend the rules to keep it here that I'm that I misunderstood what you said what you said Senator that's it he wants to keep it here thank you so have you ever run once. Well not everybody. Some people wanted to move on okay. Sir Clark. Yeah. This center Senator hammer came down he said. I don't know if I need to make a request to make a motion because this is done by comedy a lot we just say I'm all accident stay here and not be immediately transmitted and I say without objection people go okay Ellis move on. In this instance we had an objection. So the unanimous consent. Is broke. Which means if you're gonna do something out of the ordinary that breaks the rules. Then you gotta make a motion to suspend the rules therefore Senator hammer came down made that motion it's non debatable that's what we are it requires we for. All those of favour say aye. No. The motion fails Senator English. If we are ready for her is is it still an engrossing. We got it. Committee on key. Transmitted the House. See if. In return returning. Either way it's not staying here. Considering where your committee on engrossed bills to whom was referred Senate bill seven forty three by Senator English compared the engrossed copy with the original find same correctly engrossed. Calendar calendar this is the. This is the bill that was earlier amended retractable correction and that we put at the bottom of the counter we're not to buy one get senator a Senate bill seven forty three by Senator English concerning the definition of the four United States congressional districts of Arkansas and to declare an emergency. Senator English thank you very much are back here with Senate bill Seventy. Let me go right ahead. Seven forty three and one of the things that I asked the staff to put on your desk this morning was this thing which I took off of Facebook which unfortunately left off the very top districts here in the the state or counties but I think one of the things that this kind of does is we have the map of what the Four districts would look like under this legislation but I think it's kind of important to look at how the state has changed over the last ten years where is grown and where it has declined and that is basically the reason for the redistricting the new maps to take into account for those things so these maps are basically. Simply. I've done on populations across the state moving some people here because we didn't have enough folks over here sometimes we have too many people over here so we have to change it over here so that is basically what we have all of the districts are in meet the deviation. everyone of ms on on target the first congressional district is at point zero minus zero point zero five in that sense three hundred seventy two people difference second district is two hundred fifty two thousand eight hundred eighty one and is a minus zero point zero and that's a minus seventy one one seventy one people and the third district is a seven hundred fifty three to nineteen and that's zero point zero four percent three hundred thirty eight people and that's a four and a district four seven hundred fifty three thousand eighty six and that's zero point zero three deviation two hundred five people. So I believe this is a good map and a lot of people have worked on this not me but a lot of people in the Senate a lot of people in the house and I think we've come up with a very good bill that we can all live with so. This. Yeah. Of this. No I think I think you did not hear me in the beginning when I noted that I was not a good vote taker on Facebook in those aftermath of the district's disappear sorry but this is just to give context what we're talking about and see how the state is grown in decline. You thought that was Senate. Not to ask questions but to get it on the record somebody left a note on my desk do you know how many people Sebastian County is losing to the fourth is that indeterminate how many people at that Sebastian County is getting cut out of the floor I think ground no. Your bill takes a segment Sebastian County out right. And I've asked repeatedly for number somebody left a cue card here on my desk I don't know if that's right or wrong so masking it's nine thousand six hundred ninety eight people so does that mean follow up Mr. I'm in the semi get a follow up. The twenty five hundred that went out of it yesterday are they in that number so the original number only had seven thousand taken out of Sebastian County. I don't know well we lost twenty five hundred yesterday with that technical corrections. I guess the At the end of the day what the the the Mapping showed is that Sebastian County would be ten thousand people over the amount for the for the congressional district and that is why those nine hundred and nine thousand six hundred ninety eight people are in the southern part we'll my question is we thought we are going to be ten or eleven thousand people out of our district with the cut. And what I'm finding out today and why I'm questioning the nine thousand on this little blue page that was on my desk I don't know that that includes the twenty five hundred because if it does then the numbers they were giving me prior to your map meant we were at seven thousand out that seems awful small for the war the geography Linus I think the numbers using correct. Senator. Okay you want you to let the center make a motion sir English that's fine being fine with because I'm closed okay what we had to move. At the proper time okay okay You can either wait till now or weekend because we still got to go for against the right now make a motion. Rapert Mr president I make a motion to lay Senate bill seven four three on the table is non debatable takes eighteen votes F. B. seven four three S. B. seven four three which is not. This one. Yes this is I'm sorry my numbers wrong on the sheet of paper. Not debatable but I will take questions eighteen vote Senator. I was. Thank you the report of a. All right I want to clarify doesn't take twenty four votes to remove it from the table yes eighteen to put it on twenty four to take it off yes all right eighteen to lay it on the table not debatable twenty four to take it all okay Senate bill one. Senate bill. On the table for a specific period of time or laying it on the. It on the table until it's not. You got to get twenty four full. All the favor say aye. All those opposed. knows have it. Does please call. The role. Ballinger. Beckham. Beckham. Bledsoe. Bledsoe. Caldwell. Chesterfield. Clark. Davis. DISMANG. Eads. Eight. Elliott. English. Flippo. Flowers. Flowers. Garner. Garner. Gilmore. Gilmore. Hammer. Hammer. Hendren. Hendren. Hester. Hickey. Hello. Hello. Ingram. Irvine. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Page. Right yes rice. Rice. Sample. Sample. Stubblefield. Sturch Sturch Sullivan. Teague Teague. Tucker. Tucker Wallace. Senator hill is no. Senator Page border. Can I do I want to remind my colleagues that we have two people who are on leave and in my opinion that means the tradition of we sometimes go for people should not happen at this because you. Yes voted yet but I don't think. Okay if they vote you can object. Senator. No. Senator Tucker note. Cast of about eleven days twelve days the motion to lay on the table fails. Okay. Back back back to Senator English and Senator English has answered questions. And now. We're going to take up people who want to speak against the bill. Senator Elliot. If you want to speak against the bill and you know that right now. Let me put you on the list it. Tucker. Page centers all. Senator Chesterfield. Okay. Senator John okay Senator Johnson. Senator Elliot. Thank you governor one second Sir okay. Please. Give the senator in the well all your attention please thank you. Senator. Senator Ballinger thank you senator Elliots. Thank. I thank you governor and and members of the assembly I just have really two other points I'd like to make regarding this process and what we've done and what the effect is on Pulaski County. It was said that there is no way to. John a map without splitting districts and get the result that we need to get. So I checked into that so I just want to tell you what the numbers actually are. There's thirty six bills that have been filed on redistricting. Twenty one a month. Twenty one. Okay let's just take conversations in a place where you can express yourself free we a Elliott twenty one in the house these are the Senate Bills on redistricting twenty one in the house and fifteen and the Senate of those four are shell bills two of those in the house in two in the Senate. And twenty one of the sensitive bills currently file splits twenty one split counties. That means that there are eleven bills that do not split counties and we're able to achieve what we need to achieve so for us to say we cannot get a good map without splitting Pulaski County is just patently not true it's a choice as may so I would appreciate folks just saying we just made the choice to do it because we can because that's a genuine thing to say. The second thing that we've heard a great deal about is the issue of race. People who are listening and people in this body need to be very very clear that just as we deliberately deliberately as we should consider the other criteria. We absolutely can ensure that the. Consider race as a part of what we're doing. To say things like I don't see race and we can consider race is against everything that we are allowed to do according to the courts so that comes down to a choice. Because in the map that we have we've made a choice to crack we're not supposed to pack these districts and we're not supposed to crack these districts when it comes to minority groups this map does absolutely what it is not supposed to do and it doesn't mean that you sat there and said well let's pull out all the African American folks and take them out you don't have to say it out loud. As it's been pointed out so many times as the impact of what you do but we absolutely can and should. Think about these districts the away ten other southern states that were part of the confederacy ten other southern states have done exactly what we got all flummoxed about even thinking about doing it and that is to draw district. That would include a possibility an opportunity to minority groups together that they might have an opportunity. To elect somebody the way the other ten Confederate states have done that represents large portions of the minority in this state. For us to continue to hide behind the guise of I don't know about racial impact I don't know anything about it all the senses we don't want to deal with it. It is not racism to ask us to think about this the courts have deliberately said we can and we should. I want you to understand that. However you vote is how you vote but I do not want this to continue that we don't have the right to do this we have been very clear I'm very comfortable about considering every other criteria. This is one of. Thank you. Senator Rapert. Thank you members and I do want to speak in favor of this bill. And I'll just tell you my motion here simply procedural motion were body of procedure I respect procedure I've used procedure you use procedure my hope was to try to give us an opportunity to get a situation where twenty four votes are required either way to get out of here so that failed we'll see what's available to us in the future but on this bill and and I want to say this he goes to everybody first of all to each of the cook the committee members on the Senate state agencies you worked extremely hard. And I don't know of anyone that hasn't been given an audience we have had meeting after meeting this been called Senator Hickey is work very hard on the redistricting as well which is truly the original focus we thought coming down here so I respect that and I talk with him just will go just so you know I respect procedure by motion is it one. This is a body of procedure used procedure try to affect the policies we want and that's the way it goes but I am going to have to object to some of the words are spoken appear as it relates to race number one. Specific specifically with staff with leadership. We have done our very best to not have any discussion so that we can focus on the parameters that were supposed to look at in redistricting I have not pulled any numbers on racial statistics now I know it comes up on maps that are redrawn but I have seen no numbers on racial statistics as it related to the changes but today I did ask the bureau to tell me what was the racial make up of the twenty eleven map. The twenty eleven map that was passed by a majority Democrat body. First congressional district and I could go through everyone of these white black it's cetera but since it's being alleged that there's been some effort the first district was eighteen percent. With the first district map. The second district was twenty one point four percent. The third district was two point six percent. In the fourth district was nineteen point four percent. In the current map. The first district is. Make sure I'm getting this right. Seventeen point two percent. Even with adding what you're alleging is more minority population to the district. Second district twenty point one. Three two point eight four nineteen point four so there's a numbers in you you're welcome to get those numbers yourself but I can tell you members and I I have purposely tried. To it to keep myself as an arbiter is the chair of the committee. People gonna get heated people gonna make claims. But there's been no effort whatsoever Senator. I would object if there were. You've heard me make those statements before senator so I'm just trying to assure you. But that's not been an effort it's been made. It's not been made in my presence I will also say to you this coming from Perry County and it lasts less we forget I'll say it one last time open debate. I was elected to a seven county district myself non legislative district. I was cut out of my entire seven county district this body in twenty eleven disenfranchised all of my voters except one ballot box. One. One. By former colleague senator Jack creature. Black individual. He sued over his district. He should over his district. Yeah absolutely did. So in terms of of this now I will tell you what about what I learned from that. In my county Perry County that's where my home is actually closer Conway than anywhere else but right to only engage. Here's what happened Perry County used to have one rep and one Senator for the whole county most of the time you know what we figured out a way to do we figure out a way to turn lemons into lemonade. And you know what now every time there's an event or request guess what happens for state representatives are sent messages and they show up. To stay Senator show up do you not think that six is greater than two. So let me ask you is the most populous county in the state do you think that they might benefit from having three congressmen that care about him instead of just one. It's all about the way you look at things it absolutely is. This map is better I looked in the paper today and I wish I had some big charts but I don't think that's in our rules either to use those but if you look at the big charge and you see the big horse you that you all gave us in twenty eleven. I thank the map looks a lot better today with what this committee is given us. So look at the map looks better it's not all crossed up in gerrymandered like it was in twenty eleven and guess what there's only two county split instead of five. Can we make it perfect no. But I'm tired of hearing some of the allegations don't members on all the stuff they've done the best they could and they got it down to two instead of five so be happy. Is for the record you can bring. Posters and whatever you want down here unless someone objects list someone objects or. Rich charm I made a mistake I said Jack creature I apologize senator Jack crumbly I apologize that was the senator I was trying to say so that's it. Race race. Senator Tucker. Anybody speak will speak for after Senator Tucker okay Senator Tucker. Thank you senator it lets someone speak for we get so. Senator Chesterfield Senator Mark Johnson of Ferndale center. Thank you governor. We had a lot of discussion about this but there's a few points I want to make that I think ought to be part of the record just to start the way this bill has been presented in committee and on the floor is that the first district loss population and the second district game population. Then why would it make sense to take an entire county Cleveland county out of the first district and put it into the second district the answer seems fairly obvious to me and that's to account for the portion of Pulaski County that's being moved from the second district into the first district and of course we know that a portion plus the counties also being moved from the second to the fourth and I want to talk for a moment just about exactly who this man who's from the second of the first and from the second to the fourth the first of all precinct fifty four is being moved from the second to the first and that's part of North Little Rock so this map does split the city of North Little Rock into congressional districts second of all precincts one of three in one twenty four Pulaski County are part of the City of Little Rock and they're being moved to the fourth congressional district so this map does split the City of Little Rock into congressional districts in addition to supporting Pulaski County three ways. Of the population that's being moved from Pulaski County to the first district. That that population is thirty four percent white fifty eight percent African American and four percent Hispanic. Of the population that's being moved from Pulaski County to the fourth twenty seven percent point forty nine percent African American and twenty seven percent Hispanic now let's take that in contrast to the rest of the population of Pulaski County that staying in the second congressional district that's fifty two percent fifty two percent white thirty four percent African American and seven percent Hispanic. To senator Elliots point when she presented her map as well as to what's now two weeks ago every other southern state. Has drawn and every other member the former confederacy has drawn a majority minority district in the state. We can do that we're not doing that even though we can and we're the only former Confederate state that has never sent an African American person to represent us in Congress and not only are we not doing that. We are slicing and dicing the black and brown population Pulaski County to three different congressional districts now to Senator Rapert point any raises in committee yesterday and I take him and everyone at their word that no one intentionally is moving Pulaski county's minority population into three different congressional districts but there is a point. That intent is different than impact and that's this is what the impact is no matter what and I want to make sure everyone knows the impact of what this map does before you vote on it and when I made this point in committee yesterday Senator English asked me what I think the impact this and I'm going to say the same thing again here today. And that is that we've heard from everyone who represents a county that's in split into multiple congressional districts that the smaller pieces of those counties that are to different congressional districts are left behind they're separated from the majority of their County so they're isolated in that way and they're a small piece of the county isolated from the rest the congressional district so they're left on their own to fend for themselves now in Little Rock. I believe we were in a great city right now it's a it's no accident that Little Rock was settled right here we have a a beautiful river where the mountains meet the Delta. We have a thriving urban downtown we have a lot of assets here and we do a lot of big projects not just in Little Rock but in Pulaski County right now we're renovating the museum of fine arts fine arts what used to be the call the art center it's of a broad coalition across the county that were working on whether people like it or not the reality is that the I. thirty bridge is being renovated we've done Verizon arena and Dickey Stephens both on the north side of the river which is a collaboration across the county we have a little rock port which is responsible for billions of dollars of business every year which this map splits into two different congressional districts. On not every project that we do but a lot of projects we work with members of Congress to make sure they get not in the best way possible and we have three congressional districts it's going to make that process more complicated and more cumbersome so I believe this map hurts Pulaski County as a whole. But it hurts the portions that are being split off into the first and fourth congressional districts even more and all for what is the question I want to ask all for what. We also know for certain that it is not necessary to split any county in order to hit that the deviation numbers that we need to hit we have twenty amounts filed by both Republican and democratic legislators they kept all seventy five counties hole that hit the deviation numbers that we needed to hit in order for Pat to serve pass constitutional muster and to be quite Frank with you. It's also totally unnecessary from a political standpoint. The second congressional district is already a majority Republican congressional district believe me I know. And you could change it and keep counties hole and make it even more Republican than it is now without splitting Pulaski County so as far as I can see there is no legitimate purpose to split Pulaski County and yet that's what we're doing in three different ways now I have no idea of litigation can be filed I my guess is that it will and the fact that we're splitting classy county three ways is going to be exit one. It was a headline in today's newspaper and it's going to be the headlining Court so we're inviting trouble for what in my opinion is not a legitimate reason. and and there is a legitimate reason to be concerned on the other side as I've laid out so for these reasons I'll be vote no on this map and I'd ask you to do the same thank you for your service. Begin Sabrina Senator Pitsch against. Mister chairman I'm gonna be very brief because I've already been down here not spoke. I had the pleasure of writing a letter to thirty people today and Sebastian County and I apologized for what is occurring to their County I came down here for the very first of all the hearings in a member. In this body told me we've decided Sebastian County needs to be divided that's the only way it works and we had just heard Nelda speaks is first maps that showed all seventy five counties hole in the deviation working. I wrote the letter today to thirty people in Sebastian County that this body didn't hear their message thank you. Whatever senator. Chesterfield and senator mark Johnson. Mister chair ladies and gentlemen of the Senate. It has been said that the role to help us build with good intentions. And the people I represent feel that this is a hellish map. It is prejudiced. It is hyperpartisan anticipate. I know surely. The fact that in the last congressional race in the second congressional district. A black woman lost a credible race against the incumbent. How dare she. How dare the folks in my Senate district to support her overwhelmingly. How dare they be proud to see someone who looks like them as a history like the years vital one of the highest positions in this country. How dare they want their state to join the other former Confederate states in having black representation. That desire. In that hole is being squashed here today by the map that you are presenting for our consideration. The state Senate district I represent is being punished. Punished for being majority black and Hispanic punishable being Democrats democratic. Republican Party is the majority in every single instance in this state. Yet they insist on being for winners. So we're going to make sure that the Senate district I represent in Pulaski County has its voice diminished. It's all together disturbing. Even more disturbing that it comes from a member of the Pulaski County delegation. A person who represents a district that adjoins mine. Our district is majority white. Mine is majority black. which is majority Republican mine is a majority Democrats. Having grown up in this state I have stopped being surprised by the way people of color treated. Back and still be disappointed. I would ask that you not vote for Matt it is prejudiced hyperpartisan and PT. In favor of the bill anyone Senator Mark Johnson against. Senator Johnson. Thank you Mr president. I find myself agreeing and disagreeing with my democratic colleagues I don't believe this about race. I think it's absolutely about politics just like ten years ago when former representative hall created what became known as the fateful finger. It was about anything but he or someone like him per in Southeast Arkansas could maybe get to Congress if they could go up in the air to Washington County and pick out the Democrats you know around the University of Arkansas. I don't see any. other real things about politics in the courts ruled carefully that redistricting is a political thing. Now. I agree with my friend Senator Tucker when he talked about how this could be done without splitting counties I believe I believe our secretary told me that my. Bill was referred senate bill filed on redistricting and I did it with two things in mind to try to correct some of the atrocities of the twenty eleven and to keep all counties whole. And the first thing I did and I talked to Senator Pitsch about this is I made Sebastian County hold but I put it in the fourth district because I saw that as something that was inevitable given the patterns of population change that we've all seen. They didn't want that I really want to be the third I I get all this we all have our preferences I I didn't want to split any counties I didn't I want to keep it as close to what we have in in our traditions as possible. But. I think it's important that we keep counties together counties matter. Gillespie county matters as a county not just as a bunch of people or some Democrats over here and some Republicans over here this is a black area and this is what area is that I don't think it's as relevant as its Lasky County and I appreciate what Senator Pitsch is try to do to keep. Sebastian County hall. this is difficult I want to thank our chairman members of state agencies for the tremendous job the job done with this and I I think we can all agree that maybe for the in the next ten years Senate and house can come up with maybe a little bit more efficient process to get this but let's let's not forget how we got sitting here on the the six day of October doing this is because of politics because the current administration Washington held back the data we needed to complete our job in regular order in the spring and have time while we were here working on other matters to deliberate properly and do that that's politics you're not going to change. The. Party in any of the four seats the State of Arkansas by most prognostications but maybe somewhere else they could and that's politics so let's recognize it for what it is and the knowledge while we're standing here not over doing this. I want us to come out here with the bill and this may very well be the best thing we can do we have to come out of here was something and then I don't want the perfect be the enemy of the good however I just can't in good conscience vote to split any county and I certainly in good conscious can't vote to split my own County so I appreciate if we could would fall back and regroup deceit this bill and move to the next possibility which can be done but it need to that I do want to close with my gratitude to how hard everyone has worked sincerely tried to come up with something that would help Arkansas I want to say this if this passes to my friends in Pulaski County that might find themselves instead represented by congressman Health represented by congressman Westerman for congressman Crawford or anyone else I know that they won't forget you and they'll do a good job for you but it does counties matter and I think we need in the future try to the extent that we can keep counties together thank you Mr president. Thanks Sir anybody waiver you have the right to close. Yes I'm ready to close for my bill. Secretary. The S.. Senator Sturch yes Senator Pitsch niveau. Senator Garner yes Senator Tucker nine. Ballinger. Ballinger. Beckham. Beckham. Bledsoe. Bledsoe. Caldwell. Chesterfield. Clark. Clark. Davis. Davis. Dismaying. Eight. Elliott. English. Flippo. Flowers. Flowers. Garner. Gilmore yes Hammer. Hendren. Hester. Hickey. Health. Ingram. Irvine. Irvine. Blake Johnson. Mark Johnson. Leding. Page he's not Rapert. Rapert. Rice. Rice. Sample. Stubblefield. Stubblefield. Sturch yes Sullivan. Sullivan. Teague. T.. Tucker no Wallace. You wish to vote or change their vote here. Of her. Cast up the ballot sixteen days eight days the bill fails. Any items at the desk. Any announcmenet Senator Hickey. Yes Sir I'd like first come back at two o'clock today. Any other announcements you senator okay one second. Senate like to move move to expunge the vote. Okay we've got a motion to expunge the vote by which S. the seven forty three. Judge of failed the questions on the motion the thing anyone will say on the motion is required twenty four votes all those in favor say aye. Posed. The ayes have it the motion is carried. Senator Hammer motions Senator Hammer has a motion I'd like to make a motion recall house bill nineteen seventy seven that was sent transmitter the house earlier please okay one second is where is. Senate bill in the house it's already in the house. Three okay okay okay so. What he's trying to do is recall. Of the nineteen seventy seven. From my house it was the one that was here went to the house. They haven't read it yet. We will send them a letter if it is motion carries. Recalling that after the reading everybody I understand what's going on there okay. Right eight eighteen. Eighteen and a beta any questions for. The the senator okay bye we speak on this all those in favor say aye. Closed. It again all those of favour say aye. Proposed. Is habit the motion is carried the bill will be recalled from the house after they read it and receive our letter. Okay. All right. Anything else any announcements. Where are recess at two thirty. You said okay to call. Senator Wallace. Wallace recognized. Sir I would like to ask you for. By Senator Hill. As request to play for Senator Dismang Senator Hill not objection. Senator or Getty items at the desk. Yes return of house bill nineteen seventy seven is requested. Nineteen seventy eight H. B. nineteen seventy seven is back. In the Senate we're going to go Senator English. Senate bill seven forty three by Senator English concerning the definition of the four United States congressional districts of Arkansas and declare an emergency. Groundhog day. Recognized thank you very much ladies and gentleman so we're back once again. For a Senate bill seven forty three which is our redistricting map and I would hope for a good vote. Okay we've already any questions were already had speak anybody wants the same bill she's closed. Please call the roll. May pairs that. Senator Sturch yes Senator Pitsch niveau. Senator Hill yes Senator Mark Johnson nine. Senator Dismang yes. Senator Ingram that. Ballinger. That. Bledsoe. Caldwell. Chesterfield. Clark. Clark. Davis. Davis. DISMANG yes. Eads. Elliott. English. Flippo. Flowers. Flowers. Garner. Gilmore. Hammer. Hammer. Hendren. Hendren. Hester. Hickey. Health yes Ingram no Irvine. Blake Johnson. Mark Johnson no Leding. Page neither Rapert. Rapert. Rice. Rice. Sample. Stubblefield. Sturch yes Sullivan. Sullivan. Teague. T.. Tucker. Wallace. Wish to vote. Change their vote. Okay Senator Hendren now. Senator Hammer II the body else over here Senator Davis by Senator Rapert by Senator Clark by. Senate. Anybody else. Check the board make sure reflects your wishes. Cast a ballot. Twenty three age ten days the Bill pass The mercy clause is not adopt. You've heard the motion the sound of the ballot. Okay. Please print out the. Local and some about. Mr chairman again point clarification with on the ballot that appropriate. It's perfect okay. Do the pair survives on the ballot no this is not a valid you sit in a chair but AS a surviving for make sure yes before we start this let me clarify a couple. So with regard to sounding about. Again with a lot of things going on here but the rules only contemplate people sitting down in their chair vote. What we often do is what has happened here where you sound the ballot and we go through the whole body. You can object to just one person who wasn't in there checked. Because the rules require you to be in your chair okay that's number one number two with regard to a parent that is the only way that you can not be here and vote. Under the rules. Someone may not. You may get away with something because no one objected I could raise it to a spot to a just because I want to but we generally allow the body to operate a unanimous consent but you really can't under the rules vote if you less you're paired up if you're not. Okay. Please. Receive maps secretary. Ballinger yes. Beckham. Yes. Bledsoe yes. Caldwell yes. Clark. Yes. Clark. Shares dropped. Davis. Yes. DISMANG. Aired. Eakes yes. English yes. Flippo yes. Garner yes. Gilmore yes Hammer yes Hester yes Hickey yes Health yes he was paired. Irvine yes Blake Johnson yes reipert yes sample yes Sturch is paired and he was yes Sullivan yes and Wallace yes. One of. Twenty six twenty two. So the final vote is twenty two. Instead of twenty three. Yes and ten day the Bill pass is vertical. Senator Pitsch is it appropriate to show the final vote tally on the board. What. We have in that place. Well I can get off and I just when you change both I woulda thought you drove the news one again one. Senator English were you coming down. Please please make. Thank Y. for Senator English. Thank you I move to expunge the vote for the emergency clause. Centering was make a motion to expunge any questions for the senator. The the the emergency call March. Emergency clause I did not say that emergency clause Senator Chesterfield is question. One hundred not for that year okay The. Right. Pears are not all the pairs are not thank you the motion thank you. Yeah just remember the pairs are for with the pair say therefore on that paper. No no you're right. Senator Hammer Davis would you remind me how many pairs were there were there two how many pairs were the three sectarian three three. Record. Thank you. Senator Ballinger. Just four points of clarification I mean we we know obviously the the distance company to be in effect for a while what what is the importance of getting the Emergency Clause I think that would be helpful I guess it doesn't really help people to to to get emergency clause rather not okay well the tur motion you can ask your questions Senator Ballinger is other questions Senator English generated twenty U.. Yes. This summer this congressional redistricting does not have to have an emergency clause I discussed this with the bureau. Back weeks ago and I had to ask them that when members did that put that own as an abundance of caution is what I have done so I understand that however you want to do this in here is fine but that's of basically no consequence that I that I would know of. Okay that sufficient answer okay any other questions for the moving party okay you wish to speak on that okay let's vote all those in favor of this is a motion to expunge the vote on the emergency clause which failed all those of favour say aye. Those guys have it and the motion is to expunge is carried. You go leave it alone. Eighteen just letting. Whatever you will revoked okay. Taking a mental approach I understand. Senator Johnson. Since I was paired on the previous bill am I free to vote on this next vote or not. So when the emergency clause failed that ended my affair and I'm no no no no. So I'm the this particular vote as well. Okay. Senator Hammer she has. One second let me get. You have the pairs for the bill an emergency call. Okay has okay. Right now the center to new player. So as a new pair. He was. I'm still not to you senator you sign repair. For this is what I'm being told. So three assign or on three different things. I did not understand that but I do now thank you Mr president do we have any other parents for this. We have three okay questions Senator Pitsch in my ear or do I get to vote. Senate. Just wanna clarification to the chair the pairs that were originally given we're given with the understanding that they were preparing with the Emergency Clause on their by virtue of the fact that the emergency clause and alter all the bill does it have any bearing on those repairs. Moreover there. To provide for this. The situation okay I just wanna make sure I've only heard of one pair but you're saying multiple pairs were laid down for this. So. A wrecker. The food hi thank you. Not. Any other questions. Okay this is on the Emergency Clause. She's getting the computer reading. I sector please call the roll when. Read. Ballinger. Yeah. Back on. Back in. Bledsoe. Caldwell. Caldwell. Chesterfield. Clark. Clark. Davis. DISMANG. He. He. Elliott. English. Flippo. Flowers. Flowers. Garner. Gilmore. Hammer. Hammer. Hendren. Hendren. Hester. Hickey. Hello. Payers and he's yes. Ingram. Irvine. Blake Johnson. Mark Johnson. He's paired no. Leding. Page is paired is nine. Right. Rice. Rice. Sample. Stubblefield. Sturch. He's paired is yes. Sullivan. Teague. T.. Tucker. Wallace hi. You wish to vote or change of a. Senator Rice is no anyone else. Cast a ballot twenty one days nine days the person calls. Okay. Senator Hickey. Yes emergency clauses failed okay transmitted of I don't know if. Is a bill transmitted yet. The transmit we will transmit to the House thank. H. B. nineteen seventy seven. It is here okay. Any announcements any Senator Rapert. Question of each year to find out the status of the house bill of the map is it actually made it to the Senate get. Tamat the Bill passed from the homes that can from them to us we have. During anything else time will journey tomorrow. Your Speaker. Senator Hickey is recognized. If I want to make sure that I understand this if the bill one of the bill comes back from the house we're gonna read across the desk. And then at the call of the chair he can he can schedule start talking about the matter yes not the other bills that's correct because it's already started so. Senator Rapert I guess at the call of the chair if if that comes down here we read across the desk we'll have a call of the chair to you're the house the house ma'am bill. House Bill hi everyone said. Yes Sir and pending availability of my members I mean it thank you would be to the bodies benefit if we try to take care of this afternoon if that's possible I think they're in session now so. Thank. Senator so what I'm hearing is subject to the call of the chair. Yes senator one Senator Hester southeastern centering on centering the Bill pass now. On its way down okay. Should be here when you get to. Okay. We're ready to call chair. Sub culture. You do what you can do whatever you want we're just waiting on this. We are not approved for the day. We're sorry for the day there's a bill. There's a bill warranted for anticipating receiving from the House shortly some of us are gonna take a little of curtesy. Sign or whatever you want but we're gonna be here yeah but we're just. Yeah. Could be a matter of minutes. Subs to the culture. Several. Passage of house bill nineteen eighty two the emergence calls having failed but the option. Which is. State agency. Yes this state agencies. Yeah. Okay. Yeah. So. That's correct that's correct. Any announcmenet. Me make one nine o'clock tomorrow okay go ahead Senator Rapert Faulkner county and other counties members sent state agencies hung around if you will let's go down they've got the bill or getting Committee force right now we can hear the house bill on the map thank you. Anybody else. Senate Chesterfield. It is the notice. It's Nelda speaks is representative speaks bill whether it's it I think it is the same but I'm not. I'm not the authority on that okay. Senate is adjourned until nine hundred tomorrow. Subject to the clearing of the desk which I do not anticipate having to clear.