Said in CommitteeBeta

Exactly as spoken.

Senate Convenes

September 30, 2021 ·9:00 AM ·Senate Chamber ·3:17:26
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Bills discussed (7)

Bill Title Sponsor Status
SB732 · 2 mentions in chapter
Matched: “SB732 B. Johnson TO PROHIBIT COERCION OF PERSONS TO RECEIVE THE V…”
TO PROHIBIT COERCION OF PERSONS TO RECEIVE THE VACCINE OR IMMUNIZATION FOR CORONAVIRUS 2019 (COVID-19); … B. Johnson Died in House Committee at Sine Die Adjournment
HCR1015 · 1 mention in chapter
Matched: “Point of Order - Is the SB 732 Germanene to HCR 1015”
TO PROVIDE FOR AN EXTENSION OF THE REGULAR SESSION OF THE NINETY-THIRD GENERAL ASSEMBLY; AND … Shepherd Approved by the Governor
SB719 · 1 mention in chapter
Matched: “SB719 B. Ballinger TO ESTABLISH A RIGHT OF PRIVACY CONCERNING COR…”
TO ESTABLISH A RIGHT OF PRIVACY CONCERNING CORONAVIRUS 2019 (COVID-19) VACCINATION STATUS; TO ESTABLISH A … B. Ballinger Died in Senate Committee at Sine Die adjournment.
SB731 · 1 mention in chapter
Matched: “SB731 B. Ballinger TO ESTABLISH A RIGHT OF PRIVACY CONCERNING COR…”
TO ESTABLISH A RIGHT OF PRIVACY CONCERNING CORONAVIRUS 2019 (COVID-19) VACCINATION STATUS; TO ESTABLISH A … B. Ballinger Sine Die adjournment
SB736 · 1 mention in chapter
Matched: “SB736 B. Ballinger TO ADDRESS MANDATES RELATED TO CORONAVIRUS 201…”
TO ADDRESS MANDATES RELATED TO CORONAVIRUS 2019 (COVID-19); TO PROVIDE EXEMPTIONS FOR EMPLOYEES FROM MANDATES … B. Ballinger Died in Senate Committee at Sine Die adjournment.
SR30 · 1 mention in chapter
Matched: “SR30 T. Garner TO CONDEMN PRESIDENT JOE BIDEN'S POOR EXECUTION O…”
TO CONDEMN PRESIDENT JOE BIDEN'S POOR EXECUTION OF THE UNITED STATES' WITHDRAWAL FROM AFGHANISTAN. T. Garner Sine Die adjournment
SR31 · 1 mention in chapter
Matched: “SR31 B. Ballinger TO HONOR COACH TOM HARRELL AS THE LONGEST-TENU…”
TO HONOR COACH TOM HARRELL AS THE LONGEST-TENURED ACTIVE HIGH SCHOOL FOOTBALL COACH IN THE … B. Ballinger Sine Die adjournment

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Unknown speaker 8:01
The Committee. So we'll come to order by secretary please call the roll Ballinger Beckham. Bledsoe. Caldwell. Chesterfield. Clark. Davis. Dismang Eads Elliott. English. Flippo. Flowers Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. Ingram. Irvine. Blake Johnson Mark Johnson Leding Pitsch Rapert. Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Everyone. Please stand including those in the gallery. Senator Wallace. You gonna lead us in prayer today. Please come I'm sorry. Sir Wallace leaders and per. Thank you for. Oh lord. Help us to stay watch over a loved ones are family. Lord give us the strength and the wisdom as state senators. To make wise laws. To be courteous to others to work with each other during this time. Lord thank you for the many blessings you have given us. Thank you for the love. That you have shown all of us in Jesus name amen. I pledge allegiance to the. States of America. Which is. You will. Straw. The announcmenet today items at the desk. So senator. Senator Ballinger is passing over. S. B. seven nine team. S. B. seven three one. And we get to it as the seven three six. And so that brings us to S. the seven three two. Senator Johnson. Sure Blake Johnson. Senate bill seven thirty two by Senator Blake Johnson to predict corrosion of persons to receive the vaccine immunization for covered nineteen and player emergency. Senator Johnson recognized thank you members for allowing me to come and then My folks for allowing me to serve this this bill helps protect everyone from coercion into To this vaccine and it uses the existing exemptions that we have in Arkansas law now and it follows closely the federal laws this uses the minute medical country indications that a person religious freedoms and philosophical beliefs. Philosophical believes was put in Arkansas law sometime back to protect children and the parent's right to choose and this is what I have written into this as an exemption. And if the employer is punitive in his taking the lead engine to consideration an employee is. Is terminated the employee. Can see his lost wages. Just like the world unemployment through the American rescue act funds so That's what the bill does And I would appreciate a good vote. has a question I got one order I don't think this is a bill is germane to the resolution with regard to extended recess especially given the explanation we had from the author of the resolution and the committee the whole so I would make a point that is not germane senator. Hendren has raised the issue of Germaneness. Of I anticipated that all of these bills outside of redistricting and funding would. Involved a challenge to Germaneness. I've been researching it discussing with Steve for days with Senator Hickey and Senator Ballenger and everybody who want to weigh in on so here's here's my approach and then I'll tell you my answer. So in land this out so this is probably going to apply to numerous bills. It would be great instead of raising this on each bill to get the same answer we just realized the answer on this one having looked at the others that relate to. code nineteen. The arguments are about to make apply to all of them. I think I can say all of them. Without exception. Yes I think I can say that without exception so here's the problem. The first thing you do on Germaneness as you look at resolution. Now the intent of an individual member Senator Hickey is intent I totally get it. But Senator Hickey didn't pass the resolution the Senate passed a resolution and as justice Scalia used to say reading the intent of an individual who vote. Many of which don't even read what they vote on. Some may have a reason for it passing like I want to go home that may be their intent so the idea that intent is is important is is really not the case in less there's some confusion as to words or from the tax to the first place we go is the tax. And. There's only one right way to read this text. If. But if the people who drafted this test whether they be members R. BLR or whoever drafted it. If they wanted to exclude this piece of legislation and all these others with like the only ones were. Handling today before the resolutions if they want to exclude those whole they had to do was delete some words. Words have meaning. And as the. As an attorney and as a citizen I have to give those words meaning. If it what we've been read subsection date considering legislation related to the distribution of code relief funds. We wouldn't be having this conversation. But someone in their wisdom thought it needed some additional words. Those words are considering legislation related to the code nineteen public health emergency. I don't know why they put those in there but they did it so I don't think there's any debate whatsoever on this resolution. I don't think I think there's some people that are shocked that it was written is what. What what. This is the resolution. And. So having said that. Under the resolution it's your mind but we do need to look at the review your case and I've studied the recurs and there's been a lot of talk about the review your case I think some of the statements about the rear case or no more definitive than I could may. Because we're verification got rid of two Constitutional amendments that were not mentioned in the resolution setting out. The purpose of the extension. That is in contrast to this case which clearly articulates. The different categories for the extended session which includes as I indicated COVID nineteen so the question becomes this one of with the majority in revere talked about which is unfinished business. This whole issue of unfinished business and I will point out. There were some strong. There was really important dollars us. There were some strong dissents a strong dissent in there the talked about the exceptional exceptional circumstances exceptional times I realize this is not the majority opinion. The majority opinion is not directly on point but let's let's I think we sort of agree on what the majority opinions. The majority opinion basically said you got some work that needs to be finished later and so you extended. I think. I think they'll be some legal challenges whatever happens in this body. But the fact that the legal challenge really doesn't dictate to me whether something is germane so the question so but let me share my thoughts on that I think that the issue of redistricting. I could argue that I've seen the governor's comments and some other comments I think most everyone would agree that is on the safest most solid rock ground under review. I don't think there's any question about that you could finish it. Okay no question. I think when it comes to funding. Distribution of relief funds to the extent you're waiting on. Some regulatory specifics from the federal government and I'm. Just making that assumption for the sake of argument because I'm not in the weeds of all these all the the fun mechanist but to the extent you waiting on something and you could not. You could not deal with it until the federal government got their got their part done. Treasury regulations I think specifically in this instance. In that instance clearly you had to wait on now I will know that unlike redistricting. The distribution of funds is directly related to cover. Now. That is an extraordinary that in exceptional that. What I've never seen in my lifetime and you have an so that brings us to. The third the third issue which is just COVID related legislation. I think it is entirely reasonable. Knowing that the school year would be starting knowing that vaccinations were pending approval final approval and they have been approved finally for anyone thanks or not they are. All that was up in the air so. Is it is strong. As with regard to redistricting and the waiting on treasury under the review your case no. No it's not it's not as strong legally if it's challenged in court however however I think there's a good case to be made. That COVID lated matters. Are you pass the test in review you can make you can make a good argument to that and here's the other. I think there's a great difference from this chair. To the legislative branch to do what it's going to do I will say there's a lot of stuff you'll bring up I think it's unconstitutional. And that's neither here nor there with regard to whether something is your mind that this case in particular relates to process in this specific issue so it is something that needed to consider I think there's a good case to be made particularly deferring to the legislative branch that the words in the resolution. In the legislation it covers is your man. I believe that you're mine now. Couple things I would say again if those words warning that resolution we wouldn't be having this conversation number one. And number two you get a bill with eighteen votes you can change but I believe it and the others relating to COVID nineteen R. two nine. Someone wish to appeal. Yeah I'd like to move make a motion to appeal the ruling of the chair Senator has made a motion to build my ruling explain members. Senator can explain as much. And I agree we don't need to rehash this on every every one of these but I think fundamental decision that we spent two hours talking about yesterday with regard to whether we're going to do something and I'll fully concede I'm not an attorney and I'm certainly not one of the great legal minds aside needed to on the floor yesterday but I have been here for eight of the General Assembly of the ninety three and I know we've never done what we're getting ready to do and as Senator Hickey said it's uncharted waters around familiar territory I can just tell you we've never done what we're getting ready to do we can ask ourselves why. We can just go ahead and do it and and realize that we are breaking new ground and going in uncharted territory with regard to the General Assembly and how we adjourned our session. For the eight that I've been in and those of you who've been here know what we do on the site I. We we basically in the session and we give ourselves a week to return in the event. To address the issue the constitution gives us the ability to address which is unfinished business errors and omissions or veto overrides and usually that takes about twenty or thirty minutes unless there's a veto override to that's how it has done for the eight that I've been a member of and for I as far as I know the other ninety three so realize we've taken that to our process and we're turning it into a potentially a week process because we've just begun another session and under the ruling of the chair what we are saying is it doesn't matter what the constitution says. What matters is what the resolution says. I've been getting text all morning like the rest of you have to say you have a duty to uphold the constitution and with Anna and withholding of cold medical liberty. And that's open to interpretation about what that means but I don't think the president and as far as the legal advice and I have talked to are parliamentarian and others who wrote the resolution it is clear that there is if not clearly a violation of the constitutional doctrine of unfinished business it is very very questionable what we're doing. There is there's a lot of reasons why the framers set up our General Assembly the way that they did they did not want full time legislators professional politicians you begin to do this you say that we can write in to relist resolution we can come back and address anything we want so long as we put it in a unfinished business category you have just changed this into a full time legislature with professional politicians rather than a part time General Assembly that meets sixty days or up to ninety days with three fourths vote of the General Assembly we have thrown that in the dusty and said we're gonna come back and do whatever we want. Whenever we want I just think that is fundamentally wrong I think but the state is best served by part time legislators I don't think that that there was any intention for us to come down here and start running dozens of bills to committees in an adjournment into recess to a sine die adjournment but that's what we're doing so I would I would implore you to do the same thing that affects or imploring me to do which is uphold the constitution whether not the resolution is interpreted one way or another is not merely we don't take an oath to the resolution when we come down here and swear it we take an oath to the constitution of the state of Arkansas the courts have made it clear what unfinished business is we have three months to address COVID legislation three months. Many of these bills we're talking about have already been run and their fate retirement once. Compare that with redistricting which we had no possible way to complete because we had no census data. Is in no way the same with regard to unfinished business we all know what we're doing here and I just think it's wrong that we we cannot ignore the constitution. US senator one second Senator Garner or wishes to speak against. Okay okay before you do I'm going to correct something for the record. I believe the constitution despite what the gentleman said I believe the constitution puts limits on this body I do not agree with what Senator Ballinger said yesterday would you just put it in the resolution you can meet indefinitely if anyone heard that a few minutes ago you need to clean years out because not Watson in fact I relied heavily on the reading of revere point as reveres not all directly on point. There is some room there for arguments it's not my role to do that I believe the constitution sets up a part time legislature with very few sat. As opposed to. I am. All. Comment because it's part of my upon I was applying to whether it's your man and I am continuing to clarify what was just said you want to make a motion. You have. Hi. Thank you I was to make its final on not germane this statement was made well that contradict what I said and I corrected if you. I'm not given. That's all I'm saying to you continue to or someone else come. No rules that prohibits me from doing. There is one bring it to my attention and you can ask the body to agree with you this is this is my role and it is what it is Senator Senator Irvin and then Senator Hammer. Okay service actually it was it was a question related to what you just answers but in the reviewer Kate it's a question to the chair. based on your determination in the revere case it talks about the difference between what is constitutionally our authority as the legislative branch and so I feel like those are two different discussions germane to the resolution and then what could be found to be unconstitutional is that your understanding well I had this discussion it it's a very good question okay let me know if I. Before you do that. Is likely in the revere case it talks about the fact that we as a legislature have the ability through Legislative Council to distribute funding. And that's an ongoing function that we have under the constitution is to distribute funding and we actually have been doing that three Legislative Council through peer subcommittee through review read a review subcommittee through executive we've been disbursing and approving fine. Whether they're from the state. Finding that whether it's from federal funding of all kinds including the Arkansans in the care spending no one's questioning that okay so that my question then would be as you're reading of the revere case that is a separate and distinct Policy and that anything one side of this is germane or not anything that we do during this extended session will be subject to a court challenge based on this ruling. It's possible that I mean it's possible anybody can challenge anything anytime cool right I'm not gonna. Guess who's going to challenge what I I do think there are certain. If you're taking up here that our own more solid ground under the revere case than others correct but that doesn't mean. All of them but that doesn't mean the ones that are all asks all around should be discarded I don't know if you're asked a question about difference and your maintenance and and yes awesome too so we had that discussion last night so. There is there is a feeling in some parts of the country that the germane issue only relates to the resolution. There are other parts of the country that read the constitution and the constitutional law all. In concert with the resolution. We discussed this ideal research and I think it is I take a note up to the constitution of the United States in Arkansas and I will there's not a lot on this in Arkansas right this is sort of I want it's not a case of first impression but it's a novel area okay and and so I think it makes sense to read the case law in concert with the resolution and not just look at the resolution on its face. Thank you senator Hammer and then Senator Pitsch. Thank you Mr Senator Hendren the you you made the point about the about the redistricting portion of the resolution but as I read the resolution is I voted on it and the ten I had when I voted on it was that there would be the opportunity to address other COVID matters because COVID has not stood still CMS is constantly changing the rules Department health constantly change rule and code itself is constantly changing it's a fluid subject matter that requires I think us as legislative body addressing. In the proclamation point D. says considering legislation related to the COVID nineteen public health emergency and distribution of cover ninety relief funds which in my opinion those are two separate things in one bullet point I would just like to hear your response to that with everything be included on the COVID side of things Y. eight this leads bill and others come would not be germane to the proclamation place night it appreciate a question and and let me just start by saying with regard to the comments of the chair I retract zero of what I said and what I said I believe was actor with regard to the Germaneness and the issue of how we deal with this. We have processes that we have used throughout the pandemic outside of the General Assembly being in session Senator Irvin mention does we have Legislative Council on as you know during the session we passed legislation to give even more authority to require review of executive orders during a state of emergency we we increase the amount of authority that we have to to respond to things like you're talking about the changing pandemic. But that does not mean we come back into is a session unless there is it become there is a method to do that and that is the governor issues a call and so I I I again I I don't think that it is I. S. Senator Ballinger yesterday. I want to open this door where does it stop again I think the courts have said it is clear when you cannot there is no possible way for you to do something that is either by statute or by constitution assign you which redistricting is because you don't have the census data it is absolutely appropriate for us to stretch our session beyond what is viewed as the constitutional process in the courts have said that's justifiable because it is legitimately unfinished business but to take that same approach and applied to the tax tax cuts which is what we were saying was that would be done yet could could be done or to do it to changing pandemics when we already have laws on the books about how we deal with those we have Legislative Council we have public health committee we have wasted due to deal with those issues. We have ways to deal with the rescue funds and I think as we heard yesterday even that provision was not necessary those funds are going are being dispersed and and the rules are in place that we didn't even don't need to change the law because of that so the the processes are there and the point that I'm making is what we are doing is basically convening another session. And that is not the purpose of the framers when they told us sixty days ninety days with three fourths vote okay. And. Follows Mr okay so. The the the bill is being debated not the tax bill or any other ones coming on just this one right here with the proposed remedies that you just mentioned that are in place that seems to have failed in the process of us being able to address issues that we are now bringing forth in legislation because for example the emergency order is no longer in effect and. Where we have tried to get movement among agencies to do things that we as a legislative branch have invoked upon them and ask them to do and they are not responding to it seems to me like to watch provided in the proclamation is our last Avenue of resort that we don't do it now we're not going to be able to do it how do you respond to that I responded every session that I've been a part of within a month two months three months after the session there are issues that come up that I wish we could go back and address and I know that the way our constitution is written there's two ways that can happen the governor can call us into special session if he decides that it's to the point where it warrants a special session or I can wait to the next general session for I guess the third way if there's a fiscal session or special session we have provided ways with two thirds vote that we can address it there. We cannot again this is what I think is so important at this body to understand if we take the approach that any time that we are not in session something changes to the point where we feel like the legislature needs to take action we can just collar so back into session because we have a resolution that allows for that we have fundamentally changed the nature of a part time legislature could we not eliminate that by voting down whatever resolution would be presented in the future I'm not sure how you voted on this resolution exactly but we would be able to address that by just floating down a proposed resolution that you referenced and that would be are stop gap would not. Again that's what I'm saying right here is that I don't think you can pass by resolution whether we approve that are not something that takes us outside the bounds of what the constitution gives the General Assembly rights to be and it does not according to court ruling according the way I understand the constitution give us the right to write a resolution that basically says we can call ourselves back here for changing conditions or things we decide we want to come back for I think that is a fundamental change in the way it's been interpreted since I've been in the General Assembly and and since the state's been having General Assembly or thank you. My question almost got answered there because my question dealt with process I haven't served as long as you Senator Hendren this question may need the chairs and put to but the constitution says this is how you do it the constitution says we get to be in session when for what purpose. And I feel like this discussion whether we vote germane us or not of that at some level is important for every resolution but I'm a hundred percent certain I want everybody to understand the constitution says acts and I want the discussion to be around that and what the constitution says is allowed for this body to deal with and we kind of got there this last question and I appreciate you saying what could happen. Does that I mean this is a scale I mean do we deal with Germaneness and the resolution to be outside the constitution. And that's really the question is and not and I guess I would leave it at that. Well again this is the first time I've ever seen us not just do a week long sighted come back into assigning di and wrap up I've been there's been a couple we've. Taking a day or two to override a veto but this is something new and you know I I think again we can write resolutions however we want but I don't think that this body needs to start writing resolutions brought enough or even detailed enough I mean for instance all of us may have different priorities about what the state of Arkansas needs to do over the next two years but I don't think it's appropriate and the intent of the framers to say that rather than having a sixty day session every two years extendable up to ninety days more date hundred ten now and we could take it will be on that if we open this can up and save. You know basically if things change we can continue to have this session. That is a fundamental change from what I think the constitution says and certainly what I have seen in practice. I guess I wanna make sure the constitution is at the forefront of our discussion not just the Germaneness this resolution. If you go back to what I said the reason we're even talking about the revere case. Because case law is how we is the represents how the constitution has been interpreted. So the only reason we're referring to case law is because we're talking about the constitution if for example you put tax cuts. In here. In my view that would not be that would not meet the revere test. You are. When you're supposed to do retirement points of order I put this on the floor again This Is. Thank you. To the person standing. Senate question I don't care. Responsibility not to answer it because it was not a point of order. Thank. You're supposed to do thank you. Senator garner of sorry Sir this. But in in in any way and Senator Elliot I think I I disagree little bit because I do have a question based on his ruling which then impacts how I received it. It in so you know I mean it I don't know what we want to come back and be able to ask questions but I do want to be able to understand his ruling in the context in which he you know have that the conclusion because there is one thing that I need clarification on because it's the way that I see what we've been discussing their you know in in I want to make sure that so what I need to understand all go back to you if you like so I don't think that's necessary I mean I think we're at the point right now where we are actually debating your a internal part of this because you made a ruling and so I don't think there I don't have an objection to that now I mean I I hate it for him to have to stand here and listen to it all but again it's critical for me as we move through this to understand what I. We'll be voting for and against and it's all contingent on the way you interpret it so for me when I look at it. you know there's to qualifying factors first has to be code related in second has to be related to the federal funding of code and so if I if I'm when I'm looking at the these each one of these bills that's the wins I'm going to be utilizing did you use that same lands are you saying if it's COVID related alone. Then it does not mean third then it did it meets the resolution no I I read that with the conjunctive. Finalize because I think there's some of these bills that we're going to have that only deal with COVID yes some deal like this one that's what no no no matter how I feel about the bill when we talk about Germaneness if these members have included something about code and something about the code funding federal funding I don't really have much of an argument because it's you know it in my opinion others may feel differently the Oscar may not so we went through said all of them and again I'm not sure if there's and Dalby did you look at through the the lands or is it just the code. So the way I approach the tax is if I said I'm going to give a piece of candy to Billy and Johnny I will give it the billing and I will give it to John both. And in this particular case such as if you look it be correcting errors and oversights. I read them as two separate. Two independent sets and I go back to what I said earlier if you simply take out. The language lead or related to the COVID nineteen public emergency. You just have distribution of covert relief funds and we're not having this conversation. So it's for no reason if you make if you require it to relate to the second part of that conjunctive. Service so follow up on that their son bills that do not include the language related back to the findings so would those be germane is yes they would okay because of the language okay and then if I can ask a question Mr cook. At Mr Kerr if I can ask the question of you. One of the arguments about doing something in this extended session versus a special session is that it would only require eighteen those where I have during a special session it would require two thirds. But wouldn't that be could not is that a Senate rule and could not not be changed by eighteen votes. The constitution. I ask you that again I I I know the node to require the call of a special session to required to to consider something outside the call the special session it's not on the call the special session our rules state that requires two thirds of the vote however eighteen members of the Senate could. Could could change that rule or says no no no that's a constitutional constitutional rights in the constitution okay thank you. Sir Clark recognized. Thank you Mr chairman we keep talking about what happened in prior sessions in these procedurals and unwritten rules and things we do to operate appear. Here's what I know. No all those years Senator Hendren been up here. I don't think there's been thousands of our Kansans died from a deadly pandemic. I don't think there's been hundreds of our neighbors who potentially could be fired and sent home. I don't think there's been school children have been shut down and out of schools. We can act like what operating under normal conditions all we want to and use these kind of weak minded failed the way used to be aesthetic knowledge in the facts on the ground that we're in a global pandemic with multiple issues happen in front of us. You will talk about norms. When in our history. That you've been alive how we use the power of government to shut down businesses the executive branch did that under the rules need forty they have. How many times we shut down schools for months at a time through the executive branch which the rules at the or they have how many times have we did not jury trials in the judicial system in violation of due process because of a pandemic which we did multiple times how many times we have zoom in those same judicial branch because of this pandemic how many times we will not let the citizens come up here to be part of the legislative process in your lifetime but we did that how many times have we not allow people on the floor because of the virus but we did that. You seem to be beholden. To the courts separate week full branch of government constitution the founder the founder will brilliant and their knowledge they gave legislators certain powers and for those powers if we determine what we do it's that simple they knew there be situations conditions on the ground that they could not predict when they wrote the constitution so they gave us lay wait to address. We're not violating the constitution if you were read the black letter law we're allowed to go into recess we do it all time if we get a we could spring break recess for a week and come back that's not against constitution. We do this all the ability to extend it to the constitution with two thirds. We are extraordinary times today we have a chance to act I would agree with senator Henry we press this resolution similar how they did well just to have an indefinite session that was a trick they use to try to have a full full time legislator. But let's not play this game that we're doing this to extend our power to full time politician I wish I was at home. I wish I did have to come up here and have my neighbors saying they're gonna get fired I wish we didn't have to have that resolution in one place. It's time to act and we had this opportunity due to the circumstances on the ground that we as a legislator with powers and best us through the constitution that Senator interesting to be sold in reference of to act as a separate co equal branch of government. Do what's right for the people and the power that is vested you don't worry about a court case with a four three decision with the Senate that basically said the same thing I said. If it goes to the courts so what how many abortion laws because the court we don't stop how many unemployment whenever the governor takes away goes the court gets thrown out it we came back a special session quickly to fix that. At like many women were elected to act and we have the opportunity to do so thank you. All. Thank you a thank you Mr president of members. You know here I I stand down here and we want to talk about games and things of that nature I tell you what the games are nowadays is that the truth is not in all this stuff what we try to do is we try to sit we try not only here because of this cute little Facebook and all this social media what we try to do is say that somehow or another that the Arkansas legislature is now incorporating that in with all of the the federal made mandates that come down and we twisted we turn that and that's what everybody does we're to the point that I am truthfully believing that we would prefer to FOR further to believe a lad in the truth and it's an unfortunate it is very unfortunate because I will tell you. The guy that did the resolution is standing down here. Is standing down here before you and it doesn't mean that I don't even agree with some of the stuff that's in the resolution or in some of these bills it doesn't mean that I don't don't believe in parts of that. However what I am telling you is that I put that on there to be prudent for the state of Arkansas to make one hundred percent sure that we were going to be able to receive these billion dollars in federal money that I truthfully don't really believe that should have been dispersed out across the whole United States but it Wallace and I we were not going to leave it on the table we can play an act all those little games that we won't we were not going to do it so what I'm telling you all is that I put that on there and that these bills that do not deal with congressional redistricting or us signing dining or vetoes that may come up that we may have to do or not unfinished business the way that that was put on. That is the truth so you're either going to take the truth are you're going to worry about what somebody's going to thank you twist and turn but you have got to make decisions in your life right now of whether or not you're going to be down here to get re elected. Or if you're going to govern. Jimmy Hickey is decided that I'm going to live on the truth I will say it the way it is if somebody wants to run against me which everybody out here is saying they're going to do then do you're going to have to bow up. We'll just see how that happens but my constituents will know that what comes out of me. What comes out of me is a truth. Also just to let you know I just received of through text. That these COVID funds are not available. Or seven thirty two. So these COVID funds the executive branch had made a request to our consultant and they're they're not available they do not comply with that I will read this to you. Not. For. I appreciate Spiegel that is that now or later. Well again I'm the one that put that on there that's the way it is whenever you take it the entirety whenever you look at the entirety instead of pieces of the resolution you take the entirety of what the testimony has been. In the House. Which is a live stream that you all have passed so that that is of record whenever you take all that into account whenever you take the Riviere case which is also stated within the resolution to be sure that that everybody understood that we took that into account whenever you look at all of that these bills. Past the congressional redistricting an assignee dying to get out of here. They don't fit and I would ask that you do not vote only thank you. against anyone else after that. Okay. Sir Clark I get Sturch. Yeah. It. I have said before. I have never delta Senator Hickey as recipe or what he meant. When I read the resolution. I read it. And look at the pandemic and look at the way things have been handled. And had no doubt that there were things that I would want to handle it had no doubt that there would be a fight about it when we came back. But that I would probably want to do it. And that. For that knows me knows. That's the way I think. So there in just one for. And the ruling of the chair is what I predicted the ruling of the chair would be but the court's rulings what I predicted it would be to. Search start. I just had a quick question for the chair are we not then voting to either uphold your ruling or against your ruling yes it's of the appeal it's an appeal of my ruling I believe that motion was made by Senator and okay so then voting based on a vote on the motion voting for the appeal to be against what you rule building against it would be to yes to to overcome right thank you reversal. Senate. Johnson Mark Johnson. Yes. Click yes. The the. Yeah just yes yes on the motion will be to overturn my ruling and it's an eighteen vote eighteen the records eighty five jobs thank you Mr president. Sometimes I like to think that the history the state began when I came down and sat right down here in nineteen sixty five as a page. And that nothing happened before that. And anything that happened that is history that I personally remember therefore that's what's relevant. And respectfully to our president pro tem and. And to Senator Hendren I'm wrong on that and and you know it didn't begin when you guys got here either and. There is what the constitution says and therefore I rules say. we heard this Garrity yesterday explained to us that the the the courts do give deference to the independence of the branches in the fact that we we decide our own rules and and how we operate. that most important rule is that we have a process and I. As I ask Mister cook yesterday we are in the midst of that process I think it's proper how we're doing it I appreciate our lieutenant governor actually explaining how he reached his conclusion and even again with all due respect Senator Elliot when he interrupted to further clarify why in the logic of his ruling. And what take some more time I think it's important and and is Senator Hickey said yesterday we are in the waters we are plowing the ground. But I remember that you many years ago in nineteen sixty five there was this notion that on the sixtieth day at noon. Sessions over. And there weren't these extended their recent even short extensions unless there was a compelling reason. I was also told by some old hands and some of you all know Steve remembers Joe one nine Marcus harbor. And he was saying how much controversy or laws when they consume created the Legislative Council because of a lot of people that sit in effect constitution says you coming every two years before we had fiscal sessions you made for sixty days on sixtieth day you go home you're done. In there that was invited for a long time now whether that's practical in the twenty first century I don't know I suspect it's not and I'm not against anything we've done to create interim committees and to deal with the world the way it is I think that's important and we've done it. But we have a real good procedure is that we take in this case the resolution that was passed. And we. Apply those clear language of it not what the authors thought because lord knows everyone this chambers probably authored a bill gosh if I had to write that differently I'm not a word that a little bit differently that's what we're we go in amend our own bills a month. But. Once it. Sorry. Please proceed. Once it's passed it becomes a document of the body not of the offer. And that's where we are right now. I believe that the. Ruling of the chair was appropriate and correct and I think all else being equal. Not in every case but all else being equal I believe we should support the ruling of our presiding officer until such time as it's very clear that he is incorrect now. Yes this might go to court. And yes it may be unconstitutional that is not none of our business at this point. It this is where we cross the line into the court's jurisdiction. A. When you're not sure about something might have to say that's one of the bill courthouse judges rule on interpretation of the law and in this case be purpose the constitution and I respect that. But I clearly believe that within these walls that we should support the logical conclusion drawn from the language only the language of the resolution and interpreted by a presiding officer so for that reason I would ask that you defeat this motion that we move forward and vote your conscience and your your feelings needs logic of and the word you get from your constituents and and do so I will I will quit will you for questions from senators. Senator Johnson yesterday we took a procedural vote on the process and how we were going to deal with legislation that came before the Senate. That's the way you interpret that vote yesterday specifically which one the one hundred main motion to consider votes that are consider bills before the read across the desk and assigned to committee without a procedural vote on how we conduct our business in the Senate yes ma'am I believe that was only a proceeding with a procedural vote only binding to the one that. I am asking these questions for the benefit of the public in people who were attending the Senate yesterday that are spreading lies on social media. That was a procedural votes is that correct it had nothing to do with any issue is that correct. It's nothing to do with federal law or tax cuts or. Abortion bills or. Bills are vaccines are masks or redistricting had nothing to do with any of that it was a procedural vote on how the Senate was going to consider legislation during this extended yes thank you for my if I may answer questions this way soon for. And my and I actually asked Senator Dismang these presentations question as it is your intent to. Allow us to read across the desk any bill today caulking about yesterday that related to. The redistricting and to postpone consideration of reading only read across the desk and I correct me if I'm wrong Senate is. The that said we would for bifurcating the reading of a of bills across the desk from a from a Wednesday to Thursday at nine AM and that the only thing I think that will exactly that's the only thing that was and just like today what we're deciding in discussing is not on anything policy related it is about how we're going to determine how we deal with any legislation that comes before the Senate no ma'am not exactly and here's why here's the difference but it's a procedural this is a procedural. I believe of enter your question on the center of and let me let me follow though by saying that whether the Senate votes to do something on Wednesday or decides they want to wait till Thursday to do something that doesn't rise tedious procedure but it does not rise to the level of something that is specifically defined in our rules about the a bill is brought forth this is a ruling that we're we're dealing with at least let me finish I'm glad to answer questions but I I I would really want to close on this. When. We have something in the rules which we clearly do that the chair determines whether in this case the bills germane to the resolution and then once he makes a ruling. Any senator can challenge that ruling which is what we are Senator Hendren might that challenge and now we it is a debatable motion we are debating it right so yes it's procedural but it has a greater impact than whether or not we do something on Wednesday or Thursday this has to do with the whole president and possibly even a constitutional issue that will be decided by the courts right of how we take up certain legislation and I remind everyone. Any it's been said many times this is thanks a unique situation this is sometimes of actually call this a special session it's not this is the twenty twenty one regular session. Legally it is now anything it goes beyond that. I don't unlike some of my friends I don't try to read what court say because every time I think I know what they're gonna say they prove me wrong but. That is not our job within this these four walls our job is to. Do what we think is correct as a co equal branch of government and then move forward. And allow the other branches to do their thing there is legislation that will be considered here that can be vetoed by the governor including my understanding of the bills on redistricting again I'd be subject to the same constitutional things on any the total override if ever to be considered but let's try to stay in our lane. Regardless of the feeling you have about the. Substance of Senator Blake Johnson bill or or any bill that might come up. to deny the body the opportunity to move forward and act on in other words if you don't like Senator Johnson will vote against it if you like it vote for it but at this point our share has made a very carefully considered and I think we'll explain the ruling and I ask that you defeat the motion to reconsider our to overturn the ruling of the chair thank you Mister senator has. The governor I move immediate consideration on the motion challenging the ruling of the chair you heard the non debatable motion FOR immediate consideration of the motion made by Senator Hendren this vote is not on Senator Hendren just on the motion for immediate consideration requires twenty four votes all those of favour say aye. Follows. I have it we will immediately consider center hindrance of. Motion. Take a deep breath. All those okay so the motion Senator Hendren by a yes Is to overrule. To overrule my of opinion. Okay yes if you didn't like what I decided to know if you like what I decide correct all those of favour say aye. No. All too hands for roller five Hanford roll call please call the roll. Ballinger. Beckham. Back in. Bledsoe. Caldwell. Chesterfield. Clark. Davis. DISMANG. Eads. Elliott. English. Flippo. Flowers. Flowers. Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. Ingram. Irvine. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Rapert. Rice. Sample. Stubblefield. Sturch. Sullivan. T.. T.. Yeah. Tucker. Wallace. Anyone wish to vote or change their vote. Cast a ballot fifteen yeas eighteen four sorry fifty eight eighteen days the ruling of the chair stands. Cast about. Senator. Johnson. We're back on the bill Senator Johnson. John Romano. Your. You're taking questions were that were left off. Yeah. Senate is one. When we are questions what was this bill debated in public health yesterday was there any public discussion on this bill or any other consideration sides what we're doing today here in this chamber it was me the Committee moved out on the floor but was there any debate was there any discussion with the public allowed to testify or be a part of the process. The Committee did what committee to now well I understand what the committee did but just as far as what I'm asking this kind of yes or no. Was the public allowed to participate in the process yesterday really in relation to this bill at any point. There is no public there okay thank you please speak up in the in Senator Davis and then senator and then Senator Ingram senator Johnson there was no one from the public signed up to We did not a past the center Ingram. Only one twenty three where it talks about an employee who seeks lost wages of this section shall be reimbursed comparable to unemployment benefits in the state through the American rescue plan of. All of my research shows that this is not eligible funding so are you will this by the state to make up the funding if if the American rescue plan does not fund it because all the research that I have says that this is not eligible. The doesn't ban the state use uses those funds but I mean I don't understand that but this is not an eligible use of those funds what I mean finding an opinion on that is not surprising. No it's very clear the rules regulations I mean of Senator Caldwell Senator sample myself for on the A. R. P. a committee and this is not the approved the use of the funds so again my question is where is the money going to come from because these are not eligible funds the it doesn't change the protections that are given in Arkansas law and is conveyed in this bill even if the funds are not available so what's the use of the bill then if the if the there's no funding it gives protections for the employer to be considered. So the the funding mechanism is the is you didn't research funding mechanism that this is a use of the moneys that is approved by of the the federal government the that was B. LR's drafting I'm I requested that. And that's what they put in here and Well that are not not on that committee and I have not seen the treasury's guidelines or a and I don't even know they were guidelines actually set. As of today in till somebody said that. Their guidelines sure you thank you very much. For the questions Senator Garner you raised to ask questions yes Sir you're recognized yep my understanding American Red land is that includes the key way workforce unemployment program within it so it already did address some unemployment issues but I thought that the general concept behind the American rescue plan was COVID related issues that money can be used for and so far I've not seen any challenges in court or otherwise for those going being used to pay salaries use an expansive amount of different ways so would be your opinion that this would be a legitimate use of American rescue plan since it is a COVID nineteen related issue and that we would call on the preview of the guidelines issued put out by the trick treasury well I do because there's been multiple things that this money is going towards billions of dollars and I think it would be a good thing for that money to go towards displaced employees because a covert. Senator you have a question. Yes thank you Mister senator Johnson understand perhaps no members of the public core signed up to testify for against for the benefit of the of the body I was wondering if you could clarify how much notice there was to the public how much opportunity they had to read this legislation and and to drive to the state capitol to offer their opinion and and testimony before the committee we were in here all day yesterday morning deciding whether we were going to even hear these bills are not so how much notice was there to the public for them to drive their state capital make their opinions known thank you I thank rules are suspended. And there is thirty minutes prior to the committee meeting that you have to talk with the committee. Thank you. Senate rates. Thank you Mr as it relates to the to the funding center Johnson is it not true that we saw some of the funding. Given away in the form of prices to people attempting to persons actually take vaccines yes is that true and something related even lottery tickets and free licenses and I'm hearing even schools were trying to pay students to course of it is that not true what I've heard it seems to me that just about anything under the sun if somebody actually some certainly wants to do it seems to find a way to get approve these days does it does thank you. Senator Clark question. Yes Senator Johnson you've been asked at least a couple questions about the hearing on your bill are you on the committee no Sir did you set the timing for that committee meeting no Sir are the chair of that committee no Sir so you have nothing to do with the timing or anything or how it was done no Sir thank you. Senator Hendren you have a question. Thank you Mr chairman so I got I got two questions really the first one has to do with Senator Ingram and I think other people's point and I mean we can we say we're happy or unhappy about how the fund's been spent the past practice there federal dollars into the federal government says you cannot spend them on that which according to Senator Hickey. That's what they say and have said so let's just assume for the for for a moment that's true because I don't think Senator Hickey would be untruthful about it that that is the case. And you have a bill here that says these funds will be paid by the American rescue plan. We have a state law that says we will do something that the federal government says we cannot how does that resolve itself I hadn't seen a letter from the treasury. With that opinion but if it is I I guess what I'm saying is because we've been told is true and I trust Senator Hickey these almost what what the facts are if that is the case and you have a law that says that we will do something that the federal government says no you won't. What happens what happens how do we resolve that what is the state what is the F. in a do or the commerce department with these unemployment payments people say we you don't law says you have to pay for the sponsor programs as I don't care what you're all set how does that resolve. I have not seen a letter from the treasury with that opinion. Okay the second question is you know Arkansas's of at will state. And you're basically changing that here to saying that if you're terminated because of failure to follow the policy set forth by the company you're automatically eligible for these unemployment insurance benefits a change to our typical act will type of approach in Arkansas and particularly when you say in line seventeen and eighteen it doesn't just say religious police and you said and and you know that someone's displays because of covid nobody is displaced because of code there displaced in under the what you're talking about here because they refused to follow the the the guidelines set forth in a private company. And they make that choice and the company says these are policies that we are dropping for worksafe place a safe workplace and then they all they have to do to say no I'm not going to do this I have a philosophical belief I have a Phyllis not not religious philosophical problem with that I don't have to do what you tell me to do is am I reading that correctly philosophical beliefs is been part of Arkansas law in children in education for a long time and I have never heard you complain about that I'm just trying to understand is an employer we're not talking about children or education we're talking about as as an employer I have lots of policies in my plan I have policies about drug testing if somebody because it is important for me to have a workplace that's free of people under the influence of drugs if somebody comes in and says I have a philosophical problem with submitting to a drug test. Are we gonna take that same approach with those type of decisions or is it just with regard to whether or not the the person is asked to get a vaccine. This bill is related to COVID nineteen vaccines that were developed in the emergency order. That that's how they were developed within one year the typical vaccines developed over a ten year period with double blind studies the original double blind studies are not in place even after the first year those people. So there is good question to question how these were developed I have been immunized that was my choice. But I have no problem protecting the citizens of Arkansas and what they believe. Because. Of how this was developed. And the unknowns. And that this same thing is being translated into pregnant women. With. A year study. And how that's going to handle the next generation that are being carried is unknown. And I have no problem. Protecting the citizens of Arkansas in their choice. In history it has never been forced vaccine is never been forced on the citizens. There is no mandate it is it has always been the choice. Mandate by the private or public has not been a part of government or business. When history when vaccines were developed. It was because you saw your neighbor Die. The morbidity and mortality of this disease is not to that level but the infection is of this disease yes. Okay so it is driven by numbers. Not by how many people are dying that has it is by the number of people that the infection goes to. And and it's and it's a very low rate of death amongst those who get it so there is that there is a public. Distrust generally of government. And and whenever those that whenever this is been so politicized I support the people. And we're to sixty something percent vaccination rate the last thing I heard in Arkansas and whenever we first started this sixty percent number. That gives you herd immunity anywhere from sixty to sixty five to seventy to seventy five and I think they one hundred percent vaccination. It it's a changing bar and I I cannot imagine why other people would not be reluctant okay and and again I agree that you have the right to make that choice to make that decision but what you're doing and you would agree that. Obviously people are coming to different. Decisions some people are deciding they want to do it other people deciding they're not want to do agree. But what we're doing with this law is or saying. Even though a private business may come to a different decision you're going to take my philosophy and implement it on your work force and I wanna make I I want to ask one question here is you keep saying forced vaccinations nobody is forced to get the shot under even the executive orders it is it is required as a condition of employment just like many other things are required that a person still has the choice they don't have to take the shot and as you said we got open jobs all over the place and many of them don't require vaccination so they're still choice and nobody is being forced to get vaccinated correct and and my bill does not. Impose upon those private businesses. It is they can fire they can give whatever consideration that they would choose but if it's punitive. Then the the funding mechanism. If it's not if it if funding mechanisms there is not there you still are protected by with your philosophical beliefs lack Arkansas law has now. Thanks along with religious and your medical. A further questions Senator Johnson Senator Clark. Senator Johnson of. The president has ordered government order baxeen mandates and our governor or Attorney General several others have come out against government ordered back to mandates correct yes. and I assume that you would be against that many in this body would say that they were. The Are you aware of that it's did it seem like quite a coincidence so you that many large employers all at one time begin to have these vaccine mandates. That is the Walker coincidence you. Of are you aware that there was a big chamber of commerce meeting and one the main presenters was the colonel who heads the COVID task force. Let's give it to the bill please what let's keep it germane to the bill this germane. For the philosophical. For this Mr. The. Are you aware of that as part of that presentation. That he talked about how the vaccines are rolled out hello. The elderly and those most in danger got the backs in person then how it sold out and now that they needed help. And so in listing to that meeting. It appeared that we had government asking business to do what government couldn't do just like the body ministration. Is ordered it to be done. That created creates a philosophical problem that's not just business choice doesn't it yes thank you senator further questions for senator Johnson's senator page. Senator thank you Mr chairman. They're Johnson I read your bill and I've read Senator hammers bill and there's a lot of overlap and a lot of similarities. I have just got confirmation we're gonna here senator hammers bills well today have you to try to find the the slight differences is like look at him it's probably the unemployment insurance it's and maybe one other small thing have you to work together trying to get to one bill that we as a body can either vote for or not vote for I have not. I have not been. The. My name is that it's kind of for me which one is. I will just go there I'd like you to explain to me one more time I know several people ask about the unemployment insurance coming from an entity that's the federal government. And this law basically if you vote for I agree we're told the federal government that we're not going to end here to what I think is an illegal executive order but it's the federal government I'm not sure federal governments can give us funding to do this for unemployment insurance. And maybe that's a question I should ask of you I. That's the I see so much similarities I'd rather vote for one that doesn't deal with the unemployment insurance was something I know is this your way and to try and solve my your ideal meal does not deal with that and I'm unemployment insurance. You're given equal compensation to the unemployment benefits. Follow up I'm specifically at talking about line twenty four and twenty five the definition of the American rescue plan ACT twenty twenty one yeah that to me is. I'm not certain that exist and I don't want to citizen to believe that that exist because that's federal dollars not some we have our hands on right now and that's the only real difference I see between yours and he has and so I kinda wanna make sure I flush that out before we start as some votes for two very similar bills a month and he understood. Any further questions for senator Johnson's senator and his. What purpose just quickly In reference to that I think I think is it is it my interpretation is that you included that section twenty three lines twenty three and twenty four twenty five an employee he seeks lost wages under this section shall be reimbursed compatible to unemployment benefits to state through the Arkansas and did you include that to to so that it would be germane to the resolution or. And. Or is your intention that that would be directed and if it can't be directed that way then would this law if passed require us as a state to use state dollars to do that if the funds are available in other words with that shall be changed to a may. To alleviate that quite if if it was made then you could use state dollars if it shall. Then those funds or what you would use if you can't use those funds that mechanism would not be available okay the protect those considerations for for both the belief in religious freedom and and your medical is is all there right in place. Okay so you're so you're saying that if those funds are not available to be for that use then this employee would not be able to think any lost wages from any any type of government funding they could still apply for unemployment okay and this this mechanism that unemployment is half your regular salary this mechanism would would have done the other half and made that person hold until they can find another job and is not in conflict with the right to work so they would be made whole and that's been done through an employment okay and by the federal government entity he stated just don't want to repeat. You stated that. You wrote this based on federal law hit the purpose and then what's existing state and state law yes okay those exemptions Senate record I'm sorry I missed over the case you have questions I do thank you for your senate are you there seems to be a lot of concern about the a hearing to federal law regarding order federal guidance regarding the funding mechanism that you have here that's the vast majority of questions have been answered are you aware of any other federal laws that the state of Arkansas willingly but violates. such as medical marijuana things like that. Yes. Do you find it odd that were splitting hairs before we can make a decision on whether or not. We're going to violate federal federal law or federal guidance it's pretty regular thank you senator Caldwell. Thank you Mr president I will Make a point to follow up on Senator Ingram I stepped out in in call secretary Walters who is chairman of the of Arkham Committee and centering was correct this money cannot be used in the manner of the bill is written the secretary water and watching live and so I just wanna make that point fronted to assure everyone would know the the checker washes it does not meet the guidance. As we build group thank you any further questions for senator Johnson. Senator John mark Johnson. Thank you Mr president Senator Johnson based on what to sure call will do said I would you presume that if secretary Walter is correct on September thirtieth twenty twenty one then could in the Congress or maybe even the courts. We talked courses. Theoretically of course could they change that criteria should they desire either Congress or possibly even the agency's through. Absolutely. Thank you Sir questions Senator Hammer questions Senator questions yeah just one follow up so you mentioned it was gonna be paid even if it could be paid for with the federal dollars they're still gonna be a cost to private companies. Correct. How because the the the modifier that you get your unemployment insurance rate is based on is based on the number of people who received claims throughout your year and that's reported every quarter so the company has dozens of people because of their policy that receive these funds their rate will go up next year for unemployment insurance this does not fund our unemployment. This gives equal compensation to what is available through unemployment. those are for funds this is not a mechanism where that money goes into unemployment. This I know that they they are in the in the US it is equal compensation to what they would receive an unemployment through the R. funds but so with their that that's a policy of that private business if they make this policy they lose employees if those employees apply for unemployment and it changes their rate that's their own fault not not any fault of this bill again so I think we've just you can just validated what I said which is if the company chooses to have a policy that requires people to say I'm not going to work I'm gonna I'm gonna go with and get unemployment insurance and these benefits. That policy you're right they they chose a policy but the employee made the decision but the net effect is going to be an increase for employers correct. Through their policy not through this legislation this legislation is what's making that change occurs so no there will be a price to players in all their policy if they lose employees it's it's that decision that has if they lose employees has increased their rates. If if that employee seeks unemployment not this bill. This is not a unemployment. Mechanism this is compensation that would have made that employee whole if they were granted it unemployment also. Any further questions Senator Johnson centering. Surgeon do not understand you say earlier that there are no mandated vaccines. There are no mandated vaccines by who well I think you said earlier you were talking about that a mandate that there there were no mandated requirements for vaccines in history. In history history today you know yes. I don't know the mandated vaccine in history okay will we require vaccines to go to school of school children we were practicing and and these are considered whenever that if that happens the these these protections are considered. In in our in Arkansas and our school setting. But I thought you said there were no mandated vaccines but we do mandate vaccines I guess that's my point. In a pandemic we are mandated scenes it do it where there's a pandemic or not correct in a pandemic situation that's correct I don't know what I mean in a non pandemic the situation we mandate vaccines correct. And these protections are given. Okay thank you. Any further questions. Say no further questions anyone speak for against the bill Senator Dismang was speaking against the bill. Thank you senator I'm read a quote to to y'all think it I think it applies today pretty well. It's going to be very very exciting. Congress has to pass the bill so you can find out what's in it. No I got a lot of phone calls last night I try to take every single one of them talk about what we did yesterday. What I told him was I wasn't close a Democrat. None of this in this room minus the few that were privileged enough to be a part of the drafting process had seen any of the bills that we considered yesterday and public health. In addition to that. No slight the chair to rest the members in that room that's just the way it happened we've been talking about process Senator Johnson like to talk about process a lot. I'm not proud of that process. Thirty minutes notice if I understood testimony correctly. We set down. We read the bill numbers and we batch both amount. The general public has thirty minutes notice. Had no chance to read the bills and we think that that's okay. This is controversial like it or not we've been debating just whether or not we're going to debate these bills for a while. Yesterday when I presented the the motion so that we can delay to you'll have time to read the bills. You know the comments all over this chamber by the folks that were opposed to that said we'll do that in committee. What happened in committee we didn't do that. And somehow that's okay. Somehow it's okay that we exclude the public altogether from the process we contain ourselves here what's happening we're getting information that we would to fat and committee about this bill. We would have had the comments from those DFA and others and we would have been able to have an exchange with knowledgeable people about how you can use these federal funds but instead none of the seven expertise and we're debating amongst ourselves whether or not you can or cannot. Again I'm not down here because I wholly disagree even with what Senator Johnson is trying to do. I'm down here because this is a terrible process. If any point that you think it's fine to wholeheartedly skews me back up one second. At the conclusion of the last special session of phone calls I got were it's your job to stay in debate these issues. The irony that I see this same phone calls I got lost night from the exact same people. Are saying I can't believe you to slow that down. If that's not irony. Members again this is controversial again controversial enough we should probably allow the public to be involved controversial enough that we all should be had the ability to read the bills. I'm a member of this chamber and I had no idea. That we had thirty minutes notice and we were going to run all these things I tune into one home because I got tax work to do sit down on the computer office rather sit down on the computer what about tax returns are working to get a split screen I watch what's happening public health it was over. That's not right. What we're doing is not right. I'll be happy to take questions. Senator Garner. Service may I know that it was open to public comment but I agree with you the truncated timeline have that was issued calls issues that's why partly while my build down on hers and all my bills worker yesterday or put it back. But today trying to do the right thing trying to be transparent trying to have a public meeting that I'll take fire under I'm trying to have another public health meeting I was told that will not happen hello my full speed transparent open with the public whatever that process is being truncated here by the game being played in this. Well I'm not I'm not chair the committee probably questions for the chair of the members of that committee all I can do is talk about what happened yesterday. Senator Mark Johnson. Two I believe others are in the queue ahead of me Senator no Senator Clark all Mister chair I'd like to make a motion that we backed Senate bill seven nineteen seven thirty one seven thirty to seven thirty six seventy seven thirty seven seven thirty eight seven thirty nine AM seven forty and send them back to public health committee for the purpose of public testimony. At the motion to re refer all of these bills back to public health for the purpose of public input an adequate public because the public was denied the opportunity to weigh in on any of these bills. That's the proper motion center is not proper motion by Senator Dismang from the well. It will be a proper motion when you exit what can I take questions Senator Dismang we're still in proper procedure we're still going to observe proper procedure Senator Clark we have questions Senator Dismang about Senate bill seven thirty two. I have a question. All what. Is. Of what he had to say in the world okay received please. The because I I think you know we agree on procedure. The and I don't like the procedure anymore than you are procedure but my question is. Because I would rather have the bill heard in committee but are we doing this to keep the bill from being heard I said that yesterday I'll say it again today this has nothing to do with the bill's being heard but all in all the Facebook and all the social media and all the rest that guards tried say that's the case shame on them I don't know anything about place Booker bills with all over what's going on here is that we had a health committee meeting thirty minute talk return here there was no time for anybody to go there I didn't even show up in my bills or here you know and fair enough. And and I'm here and that but for Garner has asked for a committee meeting has been told by the chair is not going to be one and so. You know the last time we were here we adjourned with. I just believe in so you know if if we're gonna do this I prefer to do it or not but are we going to do that you know it if it servant introduces our motion and we do that are we gonna meeting and then are we gonna come back and hear these bills or is this just a circus thank you for hearing the Bill S. that's my question I responded to that a minute ago when I told you my intent has nothing to do with creating a circus I will tell you I didn't like the circus as a kid I don't like the circus in this room right now. And my question is not so much intended toward you as others in this body thank you. Senate Johnson give questions Senator Dismang. Thank you Mr thank you Mr chairman Mr president. Senate is bank we had a motion yesterday to suspend the rule to allow an expedited meeting of the committee on these bills did you vote for that motion I did no understanding of what was going to happen that there would be no public input in the all in the public health committee would debate Bills had I known that what I voted differently absolutely I even thought about come this will to make among the motion to undo that would. And again I'm I'm philosophically and almost always in favor what you stated here today however I also recognize that there's been a. Under current. Even before the session started here of we got to get through in three days we have all this pressure to do it whether it's to get ready for a special session on taxes or or deer season thanksgiving I knows what I I there that pressures there and I also like you voted for that motion for the same reason that I understood that and I I'm not against what you're saying per se but I it's also started the size thing we we we did that we turned it over to the eight members of public health and they rule that I've I'm just difficult for me can notwithstanding what services she might. The fourth okay then all right yeah I mean if thank you for your answer thank you Mr president. Yes. Serving I recognize you for your motion. Per se in. Senator Irvin. I'm. Senate. Thank you Mr chair. I'm gonna repeat my motion based on what Senator Dismang just sent. The committee process is there to debate issues and work things out that is what a committee does it is also allows the public to weigh in on an issue and let me be very specific here this has nothing to do my motion and I will state it but this has nothing to do with the issue at hand I do not believe. I do not believe people may be forced to take a shot or have anything I don't believe that. But I will tell you that if a late term abortion bill. Got filed to allow for late term abortion to be filed at nine fifty six AM. And then read the first time rules suspended and second time and referred to public health at twelve twenty five and then thirty minutes later public health committee meeting met and all those bills to allow late term abortions waiver bastion sent to the Senate floor I would be opposed to that. Because the public had no way of being able to weigh in on that. And if we cannot you have you have all these bills that deal with the same issue. What what happens if we all pass all of the amounts. That's the committee process is for to do the work to rectify and figure out if these bills are compatible or not work out the differences that's not with this body is supposed to do that's what the committees are supposed to do so I'm gonna repeat my motion because I want the public to understand that it's important for the public to have the ability to give their input on any piece of legislation whether I agree with the legislation or not. Senate public input was denied nobody was there to sign up to speak they were given thirty minutes notice I'm sorry but my people from Mountain View can't drive it down here and be here in thirty minutes to sign up to speak for or against the bill. The truth. Not a delay tactic. Why are we gonna just push things through because we lock them well if we don't like a more gonna stop them. That is wrong. That is wrong. That is absolutely wrong to do that to the public. And so I am making a motion to batch Senate bill seven nineteen seven thirty one seven thirty to seven thirty six seven thirty seven seven thirty eight seven thirty nine and seven forty and re referred them to the public health committee where I hope there will actually be a public health committee meeting and they will actually be the opportunity for the public to drive here to sign up to testify for or against these bills and for the committee to do the work of the committee. Which is to rectify the differences in these bills and send out the bills that are legitimately able for us to consider. And to be able to hear from the people and the FNA and the people that are for these bills and the people that are against these bills. Be responsible and do the work that is my motion. Question one second security yesterday said that only. Can be standing by the road. So. You're okay you're up there I'll leave that to you all this let me just recap this so this is a debatable motion it only requires eighteen votes she's back to basically everything on the on the calendar of under the Senate bills and re refer it back to committee correct okay so I know I know. I know what we're gonna be organized set the example for the rest of the country year may. Okay. We're take questions. And then we'll have a debate. That's what the rules say. We can't just be long or what is. Okay has a question Senator sample has a question for senator. In your motion are you suggesting that we give the public a forty eight hour notice before the bills are debated in committee. So I voted no against senator Hickey is a motion to suspend the Senate rule which requires twenty four hours notice okay of the of the public to or giving at least a minimum of twenty four hours notice before these bills or devided before the commission Senate actually that's not part of my motion I was asking for the chair and the committee to have a reasonable time where they can meets about these bills. And we've suspended that rule and that's not part of my motion is limiting wants to make a motion to suspend the to change that that's fine but an adequate time is not thirty minutes the motion right now does not have that and but. Question that Serena bats and re refer okay I know a lot of people will get everyone of. Senate. With the chair of the kill is going to hear these bills before we vote on whether or not we wanted one heard if they're not going to go before public health one we voting I can't answer that question. I'm saying I think we need to hear from the chair public health as to whether or not she is willing to hear these bills before we vote to send the bill to public health. Senator would you like the chair public help to speak on this if the chair public counsel not to speak on it that's fine. I can't I can't answer the question so what state the state police near the wellness center because we got other questions right thank you ladies and gentlemen if there's any confusion or any blame it rest on my shoulders but we did not have noticed that there would be twelve Bills going to public health we walked in here we did our business and then we found out that the B. twelve Bills this was to be a three day session at a respect for your time trying to limit it to three days knowing that most of these bills would pass any what we could do spent days on on debating these bills but eventually. I know my community and that is why we decided I decided at that at one point it was decided it was my decision that we would we would take these bills we would send them to committee and then we would Bachem because what we were going to do in public health that's what we're doing today and remember it was a three day meeting and ladies and gentleman I'm fine with going back I hope that those who want to debate these bills will be there and I will be there and so will the committee thank you senator. Senator Stubblefield to answer your question you have to do okay thank you senator Bledsoe Senator Hammer you have a question serving. Okay she's right there. Or you you want to buy their all nine should come back down. Senator Bledsoe would you take any questions Senator Hammer I'd be glad to. Thank thank you Mr thank you for coming back to the well cancer question because this is being debated the way it is I would like to give you an opportunity to share what you think is going to be a reasonable time frame if this passes for public health to send for public health to assemble so as to make sure. That whatever you decide it is going to be based on the the the best interest of the public and you share. Thank you for that question senator Hammer I would think that we would need another day if we're talking about allowing all the public to come and speak on this than the people who would want to come from northwest Arkansas that's three and a half hours from Mountain Home from all over the state if we're opening it up for everyone to be able to speak on it I think we need to add another to which would you be supported by a quality care sure go ahead I was thanks for Senate Gilmore Garner. Would you be supportive as chair if we were to go back and reverse the rule to remove the twenty four hour rule and re establish it to make sure that you as chair have coverage by the body I'm sorry I didn't hear all of that I'm asking would you support. US reversing what we decided to remove the twenty four hour rule put it back in place so it would cover you as a chair and would not be left up to an an an arbitrary decision I would thank you. Okay back to serving on the motion any other questions for Senator Irvin on the motion Senator Clark Is questions Senator or. Back on the motion to badger re referred senate room I have no doubt about your censored. But I have been fighting this battle for weeks. To get. They get one of these bills are. To hammer out something that perhaps eighteen of us which support. And not just in the last two days and overcoming each one these objections the and so far everyone wanted to hear that the committee is going to me but the other thing I wanna hear from leadership is that then we're going to be here on the floor and then that the house is still going to be here. Because I know all the tricks that we play. So I want to know that you know that we've after we've overcome every other objection that we're not going to lose based on all of those things that so again you can answer that but but those are the things that I need to know in order to vote for this although I appreciate what you want to the thank you. I understand I can't answer that all I would say is there are so many questions that have come up based on the language of the policy that we are considering these are questions somebody that is from the FNA or somebody who's from the other side of the family count whoever they can't answer these questions for us that we have. And I don't think that's right and I don't think that's fair I care about the policy at the end of the day I care about policy okay I know that the committee process is where policy has to be molded edited refines debated that's what we do that's what we're supposed to do my motion is based on that and we have a lot of people the public don't don't understand that. And I'm trying to make it very clear to the public I want the public to have twenty four hours notice I wanted to be able to come and give their input on any issue expect someone issues are this controversy will and I would be screaming and throwing a fit if this were happening on a bill that I completely opposed and I can't do that I can't sit here and be silence like that because I would be hypocritical for me so therefore I'm at this well and I am making this motion I'm speaking to the motion and so that's why I'm bringing it forward we have to allow the committee process to work and if we don't let it work. Then I think we just lost our complete way as a body of the Senate supposed to deliberate. In a process in a manner that insurers public. Accountability and public transparency and that's why I'm here advocating for it. I can't answer your question on the others Sir would you like Senator Hickey try to answer that question. Okay to answer Senator Clark said a question as far as what leadership to do. I can only talk to the Senate and I heard you say gains don't play games hope everybody here knows that if you're if you want to know something or the way it was then I'll tell you I at least hope you all will give me that respect to say that I do that so that being said here you from my standpoint and it's obvious that I only believe that congressional redistricting should be heard and that was what I thought was going to happen I understand that there's been a lot of talk out here about doing this I thought whatever I got down here and we had to committee of the whole which I decided that night before the session and explain the whole thing that everybody would say well from a business standpoint the risk is greater than A couple of days ago I said senator Hammer I said if this stuff was to get the well to happen which I don't want I said I want us to stay in the Senate until we finished every day and I said if you don't mind I said do you have an associate pastor at your church they could take care of it because if we're here on Sunday which I wanna be if that's what it takes would you have a little service at eight o'clock in the morning so that we can immediately start our business and that so that is what I've already said but now the House I don't know where they're going to be. If so the rule was suspended based upon the congressional redistricting hoping you all would not think this stuff was germane now you've changed in midstream so. It's it's an apple orange deal but from my standpoint. We'll stay will stay from eight in the morning I've got staff for we excuse me we have staff to think about here in the bureau but if we as legislators need to stay late at night committee rooms and that's what we'll do. So you'll you have my promise on that also want to speak on this motion at the proper time and I don't that's now or not let's let's say third we'll get a few more questions and then we'll get into the sauce of the bank center but we takes more questions okay. Senator help me write this down. Senator Hester did you senator Chesterfield. Senator back home. Senator Hammer. Okay Senator Hester. Senator would you consider removing from your backs S. the seven thirty nine as member public health uncomfortable sending some bills back to debate S. the thirty nine I would like to leave here on the floor and we can debate as a whole I ask your consideration on the. I I appreciate that however I want to maintain my my motion thank you guys senator Chesterfield. Thank you Mister senator Irving the committee process did not work the way you wanted it you. But the committee has made a decision an asset these bills to the floor. That is the committees all right would you agree. Yes and I I disagree with that thank my mother. That's the committees all right. It's my prerogative to bring a motion to re refer them back to the I am not questioning that man and I don't. But the statement continues to be made that the committee process did not work Committee process these two Senate bill and the committee then referred him back to this chamber we're in the process of debating a bill that came the gentleman out of committee I would ask the chair. Is that not the property of the body at this time. VOL three to re referred after he's been debating here. Yes the chair of the committee and made you you can read you can re referred that's been debated on the floor is no longer a property of this body once it begins well there's a lot of can ultimately do with this body sees that so you're saying that it is in order the motion I don't thank you Sir Senator Beckham and then Senator Hammer sorry sorry sorry thank you when you enter public health did you batch bills and send them to the floor. Not that I can recall okay thank you. Senator Hammer. Thank you Mr. Can you think of time because you've been down here in this in longer than I have that bills have been patched out of any committee that have been sent to the floor without the public debate. First question. Senator Hammer. The Bill these bills were one of the bill that we're talking about right now was filed and I realize we suspended the rule I understand that but I have the right to make a motion to re referred based on the testimony that's happening right now on this bill and other bills that pertain to the exact same issue there's a lot of discrepancies here and if you actually care about policy and you actually are for this policy. Then I would think that you would want to get this rights. Because this is a policy if you care about the policy about people not being forced to get a vaccine then when you want the policy to be as solid and as good as you can't possibly can get it and don't you use the committee process to do that because I know in my working that's what we've done in the past and so if you actually care about this policy then why would you try to rectify and have this discussion amongst amend it members of the committee that chose to be on that committee to work out all those details so I believe that this policy is important and I think it needs to be done right handled correctly I think the public needs to opportunity to weigh in on it for or against and I think all these details to be fleshed out because as you know during not process many times the members of the committee will say you know I see where you're going with this have you thought about amending it to change that one word from a may two and shall or have you thought through this could you re work it to amend it to improve the policy you know that that happens we all know that that happens this was not the issue with these bills or with this policy and that's what I'm requesting for it to happen because I want the public to know that's how I like to operate that's how I believe it's the best way to get to the best policy as a elected senator. Follows Mr. Thank you. I guess we want to make is it is not unprecedented that committees have so we spent a. Everybody wants to hear. I know about that but thank you for the compliment but. It is not unprecedented that committees have batch bills out before and sent them straight to the Senate floor when you group you know what I understand that but I but we of course of the year your point that you're trying to make is that given the sensitivity of the bills. That that would that was not a good. Decision and that's what you are greeted on make sure because we have batch bills out before yes and I just wanna make that distinction yes appropriation bills right but there's not controversial like these and you have all these bills that deal with the same issue that could possibly all be in conflict with one another thank you have the public he now anticipates that we're gonna make votes on all these bills and are gonna get mad if you don't vote on a bill so let's make let's go let's do that let's do the work of the committee. Okay what we're not going to move into the debate who would like to speak against the motion. Hold on and against it. Against that go ahead on and then we'll go for it was senator Lott members I hope all you're going to listen to this I think although it's coming come across in a somewhat different way. You know there is probably a basis because of what I did I told Joe that I had just learned and I do have it in writing that we have got additional information since these were referred to public health and I'm going to read this and what this is is a DF a document that was generated to the to the executive branch or to the executive and what they have done is they had made contact with the American rescue funds consultant and it's my understanding that they are the ones who actually decide. If if this is an appropriate use of funds so this is on the motion because now this one eight X. includes Senate bill seven thirty two but I'm also saying that it probably includes all local so I'm gonna read read the languages said despite the language of this bill and again this one is for the seven thirty two bill. It says the payment of American rescue plan. Basement hand they misspelled plan. Funding to employees who suffer economic losses due to failure either a comply with the request by an employer to take COVID nineteen vaccine or be to engage in weekly testing both employer programs to protect the workforce ensuring interrupted continuity of business and business operations is not an eligible use of American rescue plan act funding. And it goes into two more says American rescue act covers the cost of responding directly to the COVID nineteen public health emergency it covers the cost of vaccines it covers the cost of publicizing mission measures to reduce the spread of the virus such as vaccines in public health messages related to public health thanks public health safety measures including mask other PPP and even including vaccines it also covers the cost of the vaccine incentives. There is no language in the American rescue plan at that identifies the economic losses suffered by employees who lose employment due to failure to comply with employer job requirements related to vaccines or any other employer job requirements as an eligible expenditure of American rescue plan act funding so. There's probably a basis to re refer all of these bills back based on this further information that the public health the committee did not have thank you. Okay. Senator Hendren for motion. Yeah I just I just think it's time we knowledge a couple things here the first thing I want to do is. I've already said I think this entire process all these twelve bills this entire stuff getting outside of our land as unconstitutional we shouldn't be doing it. However I guess I would say we're gonna be unconstitutional with. Let's at least do it right Senator Dismang is correct Senator Irvin is correct that ever going to hear these bills then we need to go through the process but I also want to make clear I think there's been some kind of jabs at the chair public health and and I don't think anybody's known senator Bledsoe longer than I have in there is nobody more above reproach in the way they can conducting chair at a meeting the senator Bledsoe she was under the assumption like many of us were that we were coming down here and to and what we. Have done in the past or with the exception of the Senator Hickey said dealing with the redistricting all of us have the expectation that this would be similar to a special session where we get out at Thursday at midnight tonight or certainly on Friday. We suspended the rules to that point to try to allow for expedited committee hearings and act like this is someone trying to carried toward territory or dirty trick by the chair I think it's kind of really skew and what we all know to be the case here we've had committee hearings or thirty minutes notice all the time we've Baxter lots of bills this was and I can again I guess what I would think this we need to realize is. We got a session right now I don't think we should I disagree with that but we've got a session with committees and we're gonna have to follow the process and do it right didn't fare in the chair has agreed to she's going to do that so I think we need to pass the motion is in the back and realize that if you had plans next week we're probably going to be here. Senator. Okay she you will speak against. All right we'll just see what surcharge. Yes Sir the proper time I have a substitute motion I can explain that motion is entirety as well if it's if it's come you have a motion to substitute. Senator Irvin motion please come to the well that'll be debatable in eighteen vote. Thank you Mr Miller explained a motion first in all kind of give a brief recourse to it we can vote it quickly I think what I want to do is batch all the bills except for SB seven thirty one and SP seven thirty nine here's a thought process I think a call between a rock and a hard place between making sure we have something on our calendar that is a good bill that has been feted versus problems and things that we may wanna have public discussion in committee I'm not inferring anybody did anything wrong estate was a dynamic situation what they're certain bills that do need more explaining I think it could have problems what this up to motion will allow is for those two bills be her day because they've been vetted through a long process from both being original bill Senator Ballinger filed during a special session to having a debate since then the rest of bills will go back to the Committee process to be read it from the public at large I think that's a good compromise we can reach a more committee process what the same time allowing to be doing and that's a motion. Just give everybody a reset so this is a substitute motion to senator urban's motion center Irma's motion is made in the middle of the bay on Senate Johnson's bill. Just to make sure everybody's tracking where we are okay so questions first. Senator Hickey has a question for senator garner then senator hill senator garner course you just heard what I read about the information we received about COVID nineteen Fund is. Those bills have a code nineteen funding to come out of the American rescue act within on do they not. Hi read the bills I can't speak to specific about each one of them I know one is the established a vaccine status which as protections and I'm no sooner hit hammers has the unemployment benefits as well I know I know for a fact that the last windows I'm like you I can't I read unless that the the other one may not however Considering that fact I think that what I stated that should be should be included in that motion that would center Irvin that those all should be sent back because this is new information that we have that we got from the consultant who we've been using a someone is said to A. L. C. R. or the executive branch for them to bring that to a O. C. I mean I think that need to be a consideration I think it's a legitimate concern I made the motion and I based my conversations on that motion so I don't feel comfortable changing motion I understand your concern I think it's a compromise is never gonna be the exact thing we won't but that's that's what I think is a good compromise on both sides thank you senator garner Sir still the question for you but Senator Ballinger is indicating that for just questions Senator Hill. Senator Garner own SP seven thirty nine cities had plenty of time to be vetted that's understand I noticed in conversations about that one long and some of the other ones what it was actually filed on nine twenty nine I'm not mistaken with yesterday at ten fifty one yes the draft copy was out before that I know sometimes we don't get an estimate of droughts and asking about the actual filings we all in this committee or in this body the hole along with the public having access to it I think that we need to be that it's more I'm not saying it's a bad bill I understand is the better. I can agree with some concern Senator Hill I know I'm a discussion before had that I would include in my motion and I don't feel comfortable Pulling that out this time thank you Sir any more questions before we go to the bank okay now we're gonna go to debate it. yeah. Your. Senator. Please. And then we'll Ballinger will be. Four okay thank you as the person that made the motion to batching Public Health yesterday we've had several senators in the well speak to what happened in public health that were not actually in public health so I'd like to take a moment to clarify as to what happened in that committee meeting yesterday we know that there have been news stories and statewide news articles for several weeks now about session and the fact that would be dealing with not only redistricting but also backs the mandate bills that's been widely widely distributed in talks about across the entire state most of these bills were filed before yesterday morning they've been filed for the past several days there's been an opportunity for a public to go online and read messages bills. Also state agencies know how sessions work so when we're called and it was on the calendar that at the call of the chair we would call a public health meeting we would call a state agencies meeting if there were state agency and if there were secretaries DFA department help whoever that wanted to come speak they understand how we operate in a time of a special session or in a strange session extended session like we are now no one showed up to speak not a member of the public was signed up although they had time to read the bills online ahead of time and knew that we would be debating vaccine mandate bills no one showed up or signed up to speak on those bills no secretary no one from any state agency came and signed up to speak on any of these bills so we thought out of respect for members time that we would batch the bills and send me to the floor so we can have a proper debate at this at that time because there was no one there to provide outside information on any of those bills we did not disregard the public we did not shut the public out and we did our due diligence to make sure that there was no one there signed up to speak before we did that so I want to clarify that and I think that's important because I keep hearing it said that we were cutting the public out and that is absolutely not the case the last thing I want to clarify is that we did not pass any late term abortion bills how to public health yesterday in case anyone misunderstood I want to make sure that there's no misunderstanding on that we did not pass any late term abortion bills out of committee yesterday thank you thank you senator we're still dealing with Senator Garner substitute motion we've handled the questions we're now on the debate Senator Ballinger will speak in favor of senator garner substitute motion we will dispose of this before you return senator it just real quick the two bills are being left neither one of them have anything to do with with unemployment in funding from covid and and in fact there is. The Amendment on one of the bills that takes the whole issue of unemployment out out of the bill which which Senator Hammer we'll get to when he gets the gets opportunity to but actually the one of them have that and it in I also will say on seven thirty one my intent is to pass over it today so if you guys have concerns public. Feel free to talk about it yet but I don't want it going back to committee where there's no no certainty as to what what's going to happen with that so I for to have it on for we're where we as a body have some control over what's going to happen with that here and so that's my intent thank you so much that we take questions. so Tucker. You know so it and that's why I'm glad yes that because someone to point out is like for the the bill that Senator Hammer is gonna bring bring up was debated for like two and half hours yesterday so there was there was and and passed out of the the House Public Health all the the people have had a chance to look at it go over in actually from that that's where these amendments are coming from is there some people had some concerns with different things and Senator Hammer is the address that there is amendments and those are coming up and and that you'll have the opportunity to to consider momentarily but there was a lot of debate on that bill in particular and it's been around for awhile and it's been circulating you know and and that's a thing of I understand there's a lot of bills that that did come out those bills that didn't surprise anybody they they didn't sneak up on anyone says I saw Senator Pitsch Senate bills are management problem Mr I'm sorry yes thank you please keep your mark on a good here let's go ahead Senator thank you so I I hear your answer but I I didn't hear the specific answer the question I asked will serve an amended be proposed in the house or was adopted in committee no it was not so that the The Amendment I don't know if they were actually it was a proposal wasn't introduced is after the after passed out of committee house committee yesterday that they got together with the house sponsor in senator Hammer to work that out and I'm sure they'll be happy to explain all that to you the amendment is not proposed for the bill it's on a calendar today yes it is it will be when right when he has opportunities bills on the counter but the amendments not no that's right so that'll be something we'll have to we'll have that discussion under thank you Sir Sir Ballenger these are the questions you help center put Senator Hill center Hendren Senator Hammer Senator Pitsch. Senate. Thank you Mr chairman I've heard and I know the how this works you had a bill that's been debated among us but the official filing date on the two bills in question with the substitute motion. R. nine twenty eight at three thirty your bill as far as I know that was the night before yesterday and the other one was filed at ten whatever on the twenty nine. At some level I hear that maybe those to have a lot of discussion but clearly have a lot of time on public's you're doing. That's why I'm very lenient on the substitute motion if you're if you're going to be for giving more time for people I think to bills that were filed the night before in the morning of probably need more time to okay so Senator Pitsch one of them is exactly the bill that was filed two months ago that that everybody in fact I my guess is your constituents may have asked you to take a look at that bill sometime before now the only change in as it is include more language dealing with American rescue plan and so then the other bill is is it a bill that has been circulated and talked about them in our caucus and was debated for hours yesterday and honestly one of the reasons why I think this motion is a good motion if you can prove that you are concerned about Senate bill back to committee but it's really not about killing this bill right if really what you're if you're concerned about the procedure and everything that's going on and that the people have plenty of time to look at all these bills and all that stuff but you don't want to kill the the the vaccine mandates on the working on you can vote for this motion it sends other went back to committee the one that has been hotly debated and everybody's been paying attention to we have the chance to discuss here so and working we've been we we've we've been working now for how many hours and and I think we could probably talk through the issues. Where you. Hello Senator Hickey absolute record. Senator Ballinger are you say well the only thing the only thing that's been changed are amended was the American rescue boat. And that's huge because the reason that is amended it if if I'll have Senator questions the reasonable is amended was to make an attempt. To try to say that the thing was germane to this to this extended recess session it would be correct no it it wouldn't so with its make it where it's clear that is more to me by the ruling of the of the chair which was a pale it would be germane if it had nothing to do with funding. Know about the main board the main pregnant more pray that we have had that debate in the world the House students are up. My apologies on that however in light of what we just found out in a lot of what we just found out that there's a possibility through our consultant that they have said that these funds are not going to be available. Then that that's a whole new aspect whenever we're looking at a statute or legislation is going to go on the books of Arkansas yet even with these bills do with unemployment funding of unemployment from American rescue plan no Sir but they but they deal with the the funding from the from the A. R. P. funds correct. Yes okay and that that is what is the question yeah I don't I mean I you know I I think it's one of those things with we can have discussion like I said the I don't intend to run some thirty one we can talk about talk about that but I mean one of them the only funding is for testing which we know specifically that the fund is provided for testing so. The church getting more questions Senator Hill and then we'll go to Senator Hendren Centerville. Senator Ballinger I do agree I am actually kind of glad today to be able to see the number SP seven thirty one cause I've always heard it referred to as the Ballenger bill. Jai being able to see the number anyway but back on SB seven thirty nine I do know there has been some discussion here but you alluded to it had two and a half hours of debate yes all right I don't know how long long time evidently a longtime correct was that in this body no it was not thank you Sir Senator Hendren. Well I I senator hill and answered one of the questions I I don't think we've ever said that we're going to accept the debate on the house and as a substitute for debate in the Senate Senate committee which is basically what you're asking this body to do no I'm not I mean it is you're asking as to not go back to committee and I think every bill every member has got a bill that just got sent back to committee or is going to get sent back to committee I prefer not to have to go back to the committee but let me ask my question I guess my question is this. What can happen in committee that cannot happen here on this floor to Senator Hickey said this is a big bill it affects rescue funds if it's wanted did you sense but but people got access to it actually a day or so ago. But we all know what cannot happen on this floor that can happen committee right there there definitely procedural them tools and and road blocks that can be put in place like frankly meeting I concerning and and honestly the I think look like you said the Senator Bledsoe is one of the most honorable people here I think passing the motion out was honorable the intent was that we could have this broad debate that we're having but maybe we should do it a little more on the substance and so that was what it was I think that there is no reason why we should put it back in less the really is some nefarious intent to try to kill and if that's what you want to do the best way to do it is to vote against this motion for the other motion a utility but I don't think that's really what we want to. When you say broad debate the only place broad debate involving anybody more than the members of the Senate in other words in involving the people who are affected by these laws and they can come speak as in Committee they can't come in us we go to committee the whole they can't come down here and speak when we presented on the floor yeah and that and and I understand I understand and that's the thing is that if if you if you have not had those communications about these bills that we knew was we're going to do it for now and then you don't have that information let's get a text like Senator Hickey yes but you're you're saying that you you don't you don't think your bill all the rest of them you support going back to committee you don't think your bill needs that public input function we should just because it's been out there in the press which is voted on the floor in the public interest delight I'm supporting a compromise that will help people established that that they're okay with with that process but not limited to kill these. Sir Clark. Thank you governor. Senator Ballinger. The as we've overcome a objection to those who don't want to vote for some of the bill one way or the other and somebody's Bills. Funding. All these programs often changes doesn't it. Does. So what's the place today is not necessarily what's in place next week the week after we thing that already with. We have an and there's nothing that is is clear farms with the rules the either one of these bills it's not something that is provided funding the. And. We. On the one hand we were having this whole discussion because again folks who don't want to vote on the floor. All said we didn't have enough time. We did have the committee process. And then they came back and rightly so depended. How audible terrace. What kind of a catch twenty two. You know that. That they could do it right but. But she always does it right so I mean I'm kind of like which is it. for it so you have to come back and say what is it we're trying to build. I I think that's a very valid question for personal one thank you Sir well I. Yes Senator Ballenger my question is and of course we've had some disturbances over this in the past few years about bills being sent out of committee it mainly when it's done outside of the knowledge of the chair. But you know this today wouldn't you say that this may be the longest debate we've ever had over this particular issue I know it has to do somewhat with the substance but we have often during session will bills are signed out of committee which is essentially basically what they've done by an active committee and again Senate Chesterfield has a valid point we'll go and we get to agree every now and then is that the committee made a decision. And so I just wanna make sure personally that the public does get an opportunity to speak to be heard but what I also want to do is to see that the integrity of this body that we're not just saying procedural motions are you concerned about that yeah and I mean it but honestly the like I mean people do play games none of the games don't surprise me that the question is whether or not in the end you know we'll we'll ever get the opportunity to sit here and debate bear And I that's your right if if we get this out this if this motion passes and the other bills get moved back to committee and I'm I'm perfectly OK with them state here but it then we'll have the opportunity to so once Senator Johnson is done will have the opportunity here and debate actually some of the the merit under center hammers bill and that's really what that's why I'm down here as I like them all seized. Senator Ballinger is if your bill needs to be amended. Oftentimes Senators will referred the bill back to the committee in order to amend the bill because that's actually a faster quicker process to getting a bill back to the Senate floor you just to actually debate the bill and get it passed yes I'm not in this we're really at the end of session then what we'll do is we'll we'll in the bill thank you senator grossing put it back on the calendar and that's were that's where we're at right now the question again there's all kinds of options and there's people growth saying there's all kinds of those options yeah but again this is not the are not we're not playing games here we are trying to respect the process and it's quiet quiet be. That you these bills if they need to be amended would actually speed up the process if they were all referred back to the Committee and dealt with and brought back to the floor would actually speed up the process for your bill it is not my bills center hammers bill but this is isn't like like you helped draft this bill senator V. one point you're some your languages in this bill like at one point we thought you were kind of like engaged like you've read it you know this bill I'll respond to that because again that's exactly why I'm making my motion on process because you know what other people in this body have not reviewed language. Pat the public review language has the public that in our caucus meeting. The public been able to read the bill and decide what it's about or hear any testimony for or against have I been able to do that. We've all been able to give suggestions on language we get new information all the time that changes the way that we proceed and how we write things. Real policy makers do. You had hours ago been reading it. President Senator Ballinger I agree with you this bill has been processed so lot of a lot of folks has gone into this I was actually at the committee meeting or this one first came up that you were not act alone actually make sure we will know that I was actually ahead of you at one time on this bill and evidently there were some work done behind the scenes that I didn't even know about and I was involved with this so called committee that took place and I saw this bill yesterday for my first time so I thought y'all blindsided me and I have started I don't thank you for doing that I will try to make me look bad and I didn't know anything about it we've got the press so appear and they're all the same all humans around because I'm the one involved in it that's the one step or I was involved with the in so my question is why are we looking at. This is recap for everybody so we're still on the substitute motion that the substitute for service motion. I know more so you're recognized Sir Garner Senator Ballinger what speak in favor of it but there's someone that I'm recognizing you would like to speak against. Karass. Yeah. Please. Senate recognized thank you I'd like my bill sent back to public health. Because if we have this kind of debating here I don't want a shadow over when the bill comes out because it's a good bill of work hard with a lot of people to get it to where it is it will come out of committee I have full confidence it'll come out of committee and if it doesn't that's the process I'd rather my bill come out clean where nobody could walk away and say. Because our lock stuff being said in here I wanted to come out clean to where nobody can say that I did anything because my name's on that bill I don't want anybody to say anything that I even gave the appearance of trying to do anything. That would not given the good fair hearing. I thank bill come out of committee so I'm going to go against it. Unless something else happens after a walk out of here. Sir Clark. Sir Clark is a question for Senator Hammer Senator Hammer the problem I have with the. That's what we have not heard. And what I would like to have is a recent that's what we have not heard is what the house is going to do. I agree with you but we haven't heard of the house is going to be here to hear your bill. That's a valid point. That is. A. That is a valid point that's all I can say about that I just want to make sure that there's not a cloud over my bill and everybody will just have to be accountable for their cells that's a valid point okay. Back okay anyone else will speak for against his son or daughter's motion Senator Garner is recognized yes Sir. Senator. Senator Hammer walked away and things are changing whatever I discussed before I made the motion Senator Hammer wanted that included I respect his wishes and I've heard debate and we person Hammer so is it this is more a point of clarification Mister chair can I substitute motion excludes seven. Thirty nine and just be on seven thirty one now would that be allowable since I haven't voted on them but that that's a completely new motion okay. Can I say to myself to. What. So you have a. Right okay if you have questions now. It's the same as your other motion except that. It's only going to be glued one bill SP seven thirty one the rest will be batch and sit back to public health that's my motion and I've stepped away from the well the state into any questions on this new substitute center. Sir Chesterfield understandable do you want to take the question. Okay all right any questions okay. Senator Hendren. So I just wanna be clear because we made a vote on a substitute motion to another motion that this motion would basically exclude Senator Ballinger is bill seven thirty one from going back to the Committee everything else including senator Hammer bill would go back to committee and if that motion fails then the original motion would send them all back to committee if this motion fails we go back to where we were was Senator Irvin and continue the debate on that because his substitute motion interrupted debate Dr okay aw Senator Clark. Do we not go back down the line. Do what I'm I'm before you vote on the motion so we're gonna do what to substitute if it passes it substitutes if it does not pass when we moved back to center urban and percent of them between I know it. Yeah yeah yeah but but but but we're not gonna have a vote on this. We. So. Because I will be sure because. If I had sent you to the per his substitute we would go back to his substitute when right. Well. Right. So we try. Senator Chesterfield. Mister would you please read the title of seven thirty one. What. Senate bills symbol seven thirty one by Senator Ballinger to establish eye right of privacy concerning COVID nineteen vaccination status to establish a grant program from COVID nineteen relief funds or American rescue plan act of twenty twenty one finds and to declare an emergency. Yeah okay. Okay. I'm afraid that senator John. I just don't wanna lose track or we are Sir John. Members. Don't ever be referred. It shall be missed. We. Change the process. Because of the time frame. The committee went through the process. I've sent through over two hours. Many interrupted twice never got to close. And Just because. People don't like something. The. The funding possibility in my bill doesn't change Germanus of it because it had that in there and just because it can't be used in changes adjournment Germaneness. It says shall you use those funds. And if you can't use those funds. You can't use those funds but those protections are still in there from citizens. Senator. I'm just gonna ask you to let us get through this motion and we've been we've been doing motion since I've been sitting here what we doing on it till you all decide as a body to do something else I mean just let us get through these motions it's not when we get back here but Hey go to launch will call but but but but we got to get through these mobile you'll you'll call me when it's time for me to close or go home okay so so let's just get through the motion okay so we're on the substitute motion and it it doesn't really matter to my ears because I can't tell the difference between this is a party of those voting not a majority not eighteen okay in this is on Senator garners substitute motion to. Substitute to exclude Senator Ballinger is bill the title of which was read by. Is that clear okay so if you say I for senator garner substitute Senate. Just further clarification so. If this is voted down. We're then going to go to Senator Irvin motion is just okay. If it's voted up then what are we going to do it substitutes. I hers is a substitute for okay so his his will not are this particular bill will not go back but all the others will if it passes that's correct. Okay we cleared all those of favour say aye. Do it again all those of favour say aye. All those opposed. The nose haven't. All of five hands one two okay we have five hands please. One. What's that. Yes. The majority of the one voting correct this is not a correct well spoken. Ballinger. Beckham. Beckham. Blackwell. If your voting yes. Your voting for senator garner substitute motion I think Senator Ballenger do you okay we'll come we're gonna do what we normally do does anyone wish to vote or change will do that okay so if you made the wrong vote just stated. Please proceed all his regular. The majority of those voting not a. Bledsoe. Caldwell. Chesterfield. Clark. Clark. Davis. Davis. DISMANG. Eads. Elliott. English. Flippo. Flowers. Flowers. Garner. Gilmore yes. Hammer. Hammer. Hendren. Hester yeah. Hickey. Hello. Ingram. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. Leding. Page. Right. Rice. Sample. Stubblefield. Sturch. Sullivan. Teague. T.. Tucker. Wallace. Okay you will wish to vote or change their vote Senator Ballinger is by Senator Clark is hi anyone else. Senator Hammer president. Sir David. Sir David. Hi. You're good you're good okay can cast about fourteen days eighteen days the motion Pat of the fails okay we're right back where we were General. Sir just. Okay you've heard the motion it is not debatable. All those in favor say aye. Right of center urban's motion. Our service motion okay okay okay I know. Senator garner motion is now gone. Senator Chesterfield for clarification has made a motion for immediate consideration she has clarified as I thought she was just talking about Senator Irvin motion why because that's what's on the floor right now we're not dealing with the bill we're right back to senator Durbin's motion okay any any questions on that. Okay it Senator Hendren yeah so to be clear this just send them all back to committee this this is immediate consideration so would I would imagine you to debate right and that and then that that's right so if if we have immediate consideration then we'll we'll we'll vote on that okay this is the motion for immediate consideration all those of favour say aye. Wells. Is have. Renovo Senator Irvin as motion the questions. You may restate her motion please okay. Hi Senator Irvin would take all of the bills. That are under Senate bills for a third reading and passage with no exceptions. In return will refer re referred to committee. Correct. Sir Chesterfield. The thirty five a majority of those present in the. Yes this is. Right at the site to. We. Law. Twenty. Your. We will call or there is but that's a good question this is eighteen okay this is for is for senate mins motion to send them all back re referred for okay all those of favour say aye. Posed. It does have an. Okay. We have. Secretary please call the roll. Ballinger. Beckham. But. Caldwell. Chesterfield. Clark. Davis. At. DISMANG. Eight. Elliott. English. Flippo. Flowers flowers. Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. Ingram. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. Leding. Page. Right. Rice. Sample. Stubblefield. Sturch. Sullivan. Teague. Tucker. Wallace. Cast a ballot nineteen eighties fourteen days at Irvine's motion. Passes it carries all of the bills on the calendar except for the two resolutions at the bottom all the bills are referred to public health. Senator. Non debatable. Motion to adjourn. You today apartment. The motion on the floor. All those in favor say aye. Is five hands we got five hands. Majority of five hands. Please call the roll on the motion to adjourn. Majority of those voting. Majority of those voting. We've got a little. When I might. Ballinger. Beckham. If. Caldwell. Caldwell. Chesterfield. Clark. Davis. Davis. DISMANG. Aids. Elliott. Allen. English. English. Flippo. Flowers. Flowers. Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. Ingram. Irvine. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. Leding. Page. Right. Right. Rice. Sample. Stubblefield. Sturch. Sullivan. Teague. You get to. Tucker. Wallace. No senator hill of Cabot no center Caldwell. No. Anybody else Senator English no cat center Rapert no casts up the ballot. Senator. Too late sorry. six days twenty six days the motion fails. Senator garner or we get to the resolution of this. Senator are Senate resolution thirty by senator garner calls one second please senator Johnson does he know. Okay. Okay. There are. Resolution thirty by senator garner to condemn president Joe Biden's poor execution of the United States withdrawal from Afghanistan. Thank you Mr. Sacrifice is a word that is thrown around a lot in our society one second Sir are. Thank you. We hear about some overpaid athletes giving up a little bit less more money and say they sacrifice we hear about some politician and spend time to wash DC we talk about sacrifice. Let me tell you about what I learned what real sacrifice was. On a hot North Carolina day. I set their uniforms as the sun beam down on me. In front of me. For families. Of the men I served with that last tour. And what we were doing that day was a flag ceremony. We gave their families a flag to represent their service and their sacrifices nation. I'll never forget it. I look in these people's eyes who lost their husbands their sons. The date is. I remember the look on their face. Hello sadness they were upset of course. But there was this look of pride as that flag was handed to one. What they did for this country. And I remember that look. And I just couldn't process it what it meant. Why they did it for us an answer hit me like a brick. They did it for us. That is what this country stands for and believes in. And unfortunately that was the last sacrifice I've seen my time military member Afghan national army soldiers stepping on the total Popper in his leg being blown up with at the knee down. I remember one of our interpreters couldn't go home because of threats to his family if he did. I remember one of our Afghan security forces being kidnapped and tortured. And decapitated. My time in there. This wasn't just men and women here as men women there as well. And all that sacrifice. All that pain and suffering. All that we went through. Was disregarded by the very men and women in Washington they were supposed to hold it sacred. Afghan withdrawal by the body ministration has been the worst foreign policy disaster in modern history make no doubt. Your TD Klay we gave up quirky element points like airports and bases allowing chaos to overtake the battlefield. We left billions of dollars equipment behind for the Taliban and other forces to take over. My tax dollars now go so that a Taliban fighter can have a brand new M. four or sole. Public relations we see nations condemn us from our allies in NATO to the British MPs condemning our actions. Humanitarian crisis. We've had thousands try to make it to the airport to try to get out. We had chaos on that ground we sold many women die trying to do that thirteen brave service members lost their lives no more lives are lost that happened we all know what was part of the game we are part of the gig we sign up for whatever those allows a law student confidence creating chaos on the ground because you're withdrawal plan is so deeply in. Incompetently handled that's a problem. So we sit here today is Arkansas Senate. And we condemn the actions of the bottom inspiration on the withdrawal from Afghanistan. We remember the twenty plus years of men and women sacrifice both here and there. And we thank god we live in a country we have men and women like that and with that I would ask for a good vote. Okay of you have questions Senator Ingram. Okay so center Chesterfield is recognized anybody wants to speak for after that okay we'll just bill Senator Ingram judges Phil Edwards Law. Thank you Mr chair ladies and gents the Senate. The withdrawal from Afghanistan could have been better he could have been better handled. We wish it had ended. Much better but it is best that it has indeed. It's been almost twenty years since George W. bush sent troops to Afghanistan that Joe Biden ended. He ended our longest war. This war receiving measurably less attention from Congress and I dare say the American people. In Vietnam probably because the anomalous alas more. It requires rich and poor to serve in the military. I'm reminded of Lincoln at Gettysburg. The world will little note nor long remember what we say here. But it is my hope that they will never forget. What those men and women did their. Look at the war in Afghanistan by the numbers. The percentage of the US population born since the two thousand one a tax is one out of every four Americans. American service members killed in Afghanistan to April of this year two thousand four hundred forty eight. Contractors three thousand eight hundred forty six. Afghan national military and police sixty six thousand. Other allied service members including from the NATO member nations. One thousand one hundred forty four. Afghan civilians forty seven thousand two hundred forty five. Taliban and other opposition fighters fifty one thousand one hundred ninety one. Aid workers four hundred forty four journalist seventy two. The date Congress authorize US forces to go after culprits in the September eleventh attacks September eighteen two thousand one. Into Afghanistan into a rat but never into Saudi Arabia. Which is where most of those who attacked us on September eleven came from. The number of times U. S. lawmakers have voted to declare war in Afghanistan zero. The number of times lawmakers on Senate appropriations defense subcommittee address the cost of the Vietnam War during that conflict if you choose. Today that committee is called the Senate finance committee they have mentioned the cost of Afghanistan in the Iraqi war since September eleven two thousand one through mid summer twenty twenty one exactly once. The announcmenet Harry Truman temporarily raise top tax rates to pay for the Korean War ninety two percent. The announcmenet president Lyndon Johnson raise the top tax rates to pay for the Vietnam War seventy seven percent. The announcmenet George W. bush cut tax rates for the wealthy is rather than raise them at the outset of the Iraq and Afghanistan wars at least eight percent and why do I mention Afghanistan and Iraq because at some point we had military members of the United States serving in both wars the estimated amount of direct again I stand in a read more calls that the United States as get financed as of twenty twenty was two trillion dollars the estimated interest costs by twenty fifty up to six point five trillion the amount an estimated cost United States is committed to pay and health care disability burial and other cost roughly four million Afghanistan and Iraq war veterans more than two trillion information on both the Iraq and Afghanistan more or less because between two thousand three and eleven the wars were fought simultaneously in many American troops fought in both and they were both started by George W. bush. Let me say this. We need to lift up the goal families informing. But they have made the ultimate sacrifice they have given of their loved ones to the service of this country. And the politicization of that I think is unseemly. With that Mister chair thank you very much for allowing me might come. Okay by Senator Is recognized in order you Senator Ingram okay so Wallace so Wallace centering. He's speaking for Senator English has speak on. I don't know that I've ever come down to speak or resolution. But I'm going to. I'm an old man. But I know a bit about war. And some of you specially In the future maybe our congressmen. May be our governor. Maybe our president. This war started. When those **** flew those airplanes into those towers that's when this war started. I will be very clear about that. After World War two. We live troops in Germany. And even in Japan. Fifty years maybe more I'm not adding up. Probably more than that in Corea. Which the armistice was signed in fifty four there are still troops there. And because of that there's been peace. In your. Because of that there's been peace in Korea. We could have left. Two thousand three thousand five thousand troops. In Afghanistan we had a base were that we could have we defended and that would have given the backbone for that country to still stand and I will tell you the cost of this war. We don't know yet because of what we have done and because of the disgraceful way. We left this country when we took our tails and ram and we did. Down the road we're going to pay the price in our homeland so I am in support of this resolution thank you. Senator Ingram. You're recognized thank you very much governor of. To those who serve our country of we all of the greatest that one will never paid but of what I think we need to remember here. Is one thing we work very very hard about is trying not to nationalize. This body. I think that each and everyone of you here if you were asked do we want to operate like Washington we would agree no I saw what we want to do because we want to get things done. I don't think we have to look back further than just the private option when Senator Dismang Senator Sanders young Republicans went to a democratic governor we work together we produce one of the great pieces of legislation that will come from this body one that is of would like to be emulated across the country but we work together to do that. Now certainly. In the past the past four years there were many opportunities for Democrats to come down here with resolutions regarding the conduct of the president of the United States. But we chose not to do that. Simply because it would number one divide this body. And number two. What purpose does it really serve does it make any R. Kansan. Healthier. Does it make any our cans and more have a greater opportunity to get a job no. Resolutions like this are simply set up to pander to banks they are set up for elections. And they're set up to divide the great body. Certainly there's a lot of blame to go around over twenty years for all the administration's that we're sorry. But again if I had wanted to bring resolutions to this body on the previous president I could raw I come to a broad enough they were so high price show dog could jump over but I chose not to we chose not to because we want to work together not divide. Sorvillo. Thank you. I want to say a special thanks to senator garner for bring in this this resolution to explain the reason I want to say that I will tell you I hadn't as much if not more the best interest in this resolution what's going up what happened in Afghanistan anyone else in this body my son was sitting in the Arabian Sea whatever all this took place is a naval aviator. He's been on that ship since March USS Ronald Reagan that left Japan headed to that area to relieve another carrier so as a parent with no communication with your child during this time only what you see on the news and what you hear that it was a disaster and embarrassment the United States of America what took place over there to have my son sitting on a shelf. Hearing about this dental soldiers dying in unnecessary act that took place because of the way this administration handle that I as I am embarrassed by the way this administration handled it but I am proud of my son in United States military thank you. Senator Johnson. In the fight for correct. Okay one second you will speak on it orders okay Sir Johnson Ford that I mentioned that we get on the record which which is a good thank you Mr president I'll be very brief. When I see heroes like Senator Wallace Senator Garner talk about their experiences in war I tear up when I hear father like Senator Hill talk about the theory as per son still does. I tear up. When I see images of the Afghans that wanted their freedom from a hideous regime. We would like to go back seventy five years talk about how bad the **** work here in our own last time we seen. Is horrid things come out of that country. And you don't have to be G. politician to know that Afghanistan's of places a lot of problems. But we didn't have to just literally pulled the rug out from under those people. This is a different situation than just you know how we execute something and and. When you see those images of those poor people literally trying to climb on an airplane on the outside of it. Just to protect themselves. In your senate guard talk about the the retribution center coming number now but what we see water coming to those people who just cooperated the Americans are trying to do the right thing over there. I cry for those people. It's most emotional thing I have experienced in years. So to even say this is just another partisan resolution is is beyond the pale to me this is the right thing for us to say I hope fifty states and territories in district one we all passed similar resolutions we need to say never more we're not going to abandon the people that helped us we're not going to feed an arm evil which is exactly what was done so I implore you to support the resolution thank you Mr president. Anyone else we speak on the resolution for the resolution Senator Elliot for the resolution on the resolution on the resolution sprint. Senate. Thank you governor We can at any time I thank take something that pulls at our hearts as much as the issue of our service men and women. It really is an easy way. To take something that most of us have never thought about dividing ourselves over. And talk about it as if there's some of us in here who don't support the men and women in the military. It's so easy to do that. Just by making assumptions just by using particular words and every single one of us in here. Knows that you cannot point to any one of us in here. And say that we don't support our military. That does not exist. But in this country. This country that they have fought for. And make sure we have the ability. To disagree with one another. And to be civil with one another. Without casting aspersions that we don't support the military. This honors them. It is honors what they have for for. If you think Joe Biden mess this up that's fine. But there really is no need for us to have to make this something. That's about each one of us personally. But you gotta know that's what this does is it creates a picture. That somehow. Some people support the military and others do not we should never do this. We should never put ourselves in a position. That it seems as if some people care and others do not. I have my feelings about this. But I can tell you another feeling I have for sure. I have no judgment of anybody who thinks Joe Biden might've messed this up. Does not translate to anything. About whether or not I think you support the military. And to conflate the two things to me. Something that should never happen. It's kind of like Senator Ingram said. We could have had all kind of resolutions. About president trump. But it was simply on worthy for us to do it. Simply I'm ready. So I will I as of the public and I will ask to serve each of you. Take this for what it is but judge not a single person in this body. As not supporting the military. Not a single person I don't care what your party is I don't care if we don't have a party. It's wrong to go any further than this is nothing more than a resolution says state somebody's thought about the way something is handled it is not about us. The All the favor say aye. Bozell. Is haven't resolutions adopted Senator Ballinger. S. R. thirty one. Senate resolution thirty one by Senator Ballinger to honor coach Tom Harrell as the longest tenured active high school football coach in the state of Arkansas. I had thank you I I had no idea that we have a day like today we run this resolution could general is a great guy that is superintendents of these not a coach a boy he's a coach of men good man been around for a long time at one school third at eleven thirty second year at number one school all the time long as to your coach is retiring this year's I'd like bill prison with the this resolution bridge a good vote. You for the resolution all those in favor say aye. Senate resolutions adopted. Tomorrow public health will meet at eight thirty. It to seventy two. And the Senate will. Conveying eleven o'clock. John.
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Agenda

Call to Order

8:01

Roll Call

8:07

Prayer

8:57

Pledge of Allegiance

9:59

Announcements

10:15

SENATE BILLS FOR THIRD READING AND PASSAGE

10:32

SB719 B. Ballinger TO ESTABLISH A RIGHT OF PRIVACY CONCERNING CORONAVIRUS 2019 (COVID-19) VACCINATION STATUS; TO ESTABLISH A GRANT PROGRAM WITH DISTRIBUTION FROM COVID-19 RELIEF FUNDS; AND TO DECLARE AN EMERGENCY.

10:34

SB731 B. Ballinger TO ESTABLISH A RIGHT OF PRIVACY CONCERNING CORONAVIRUS 2019 (COVID-19) VACCINATION STATUS; TO ESTABLISH A GRANT PROGRAM FROM COVID-19 RELIEF FUNDS OR AMERICAN RESCUE PLAN ACT OF 2021 FUNDS; AND TO DECLARE AN EMERGENCY.

10:39

SB736 B. Ballinger TO ADDRESS MANDATES RELATED TO CORONAVIRUS 2019 (COVID-19); TO PROVIDE EXEMPTIONS FOR EMPLOYEES FROM MANDATES RELATED TO CORONAVIRUS 2019 (COVID-19); AND TO DECLARE AN EMERGENCY.

10:42

SB732 B. Johnson TO PROHIBIT COERCION OF PERSONS TO RECEIVE THE VACCINE OR IMMUNIZATION FOR CORONAVIRUS 2019 (COVID-19); AND TO DECLARE AN EMERGENCY.

10:51

Point of Order - Is the SB 732 Germanene to HCR 1015

12:30

Vote on Immediate Consideration

1:05:56

Voice Vote

1:06:10

Roll Call

1:06:17

Motion to Batch & Re-refer to Committee

1:45:00

Substitute Motion to Senator Missy Irvin Motion

2:12:08

Re-Stating the Substitute Motion

2:36:32

Voice Vote

2:43:10

Roll Call

2:43:26

Immediate Consideration on Senator Missy Irvin's Motion

2:46:22

Voice Vote on Immediate Consideration on Senator Missy Irvin's Motion

2:47:44

Re-state Motion on the floor

2:47:51

Voice Vote

2:48:39

Roll Call

2:48:54

Bills re-refer back to Senate Public Health

2:50:22

Motion to Adjourn

2:50:37

Voice Vote on Motion to Adjourn

2:50:59

Roll Call on Motion

2:51:12

RESOLUTIONS FOR THIRD READING AND ADOPTION

2:53:57

SR30 T. Garner TO CONDEMN PRESIDENT JOE BIDEN'S POOR EXECUTION OF THE UNITED STATES' WITHDRAWAL FROM AFGHANISTAN.

2:54:15

SR31 B. Ballinger TO HONOR COACH TOM HARRELL AS THE LONGEST-TENURED ACTIVE HIGH SCHOOL FOOTBALL COACH IN THE STATE OF ARKANSAS.

3:16:25

Announcements

3:17:00

Adjourn

3:17:18

Documents

No documents posted.

Speakers