City, County & Local Affairs Committee - Senate

Last out. you say it's short amendment so. The question don't remember. Senator Irvin you are recognized to. Explained the Amendment and then we'll. About adopting that thank you Mr chairman was of the committee Senator Missy Irvin District eighteen the amendment adds co sponsors to this bill and also on page six reinforces the lifelines of that section and directs the law enforcement activity related to a federal ban as defined under section one dash six dash one oh three which is a section of the bill that is the definitions of what federal ban means and that's to provide clarification for that area of the bill. Okay questions committee Senator Flippo. Okay I have a motion up in the Senate Filippos second Senator Solomon all in favor I. Okay post at your moment is adopted you may present your bill Hey thank you Mr chairman of the committee house bill nineteen fifty seven. The constitution of the United States of America is to me and to many as sacred document that protects our rights as Americans house bill nineteen fifty seven reflects that protection from federal over reach and more importantly secures a constitutional right of state sovereignty the Arkansas sovereignty act of twenty twenty one is owed to our friend and colleague senator Gary Stubblefield it is for his dedication to his constituents to our state into the constitution that this bill is even here before us today. House bill nineteen fifty seven does with that vast majority of the elected officials want us to do to protect our sovereign rights as a state and to protect the rights under the constitution of the United States of America this bill addresses the known issues that were in Senate bill two ninety eight that affects the current cases that prosecuting attorneys alerted to many of us to that would jeopardize their ability to hold these criminals accountable for their crimes and bring justice for these victims the references to pass federal laws are removed and this bill specific to it to the if any federal laws or over reach beginning at the date of January one twenty twenty one and going for each the bill also includes a definition section on the bottom of page three and at the top of page four that are found in the bill that was passed in the state of Montana and referenced again and the amendment that we adopt it. The bill does provide that if somebody ignores this bill or violates this bill if they are a law enforcement agent that they would be subject to losing their certification as a law enforcement agent they would no longer be able to work as a law enforcement agent if they assist a federal agency or federal law enforcement from coming in and providing that federal over reach and trembling on our state sovereign rights and might come in and to to confiscate any firearms accessories or ammunition. We left the tax and and levy and stamp imposed on firearms at. Language in this bill as well which was also found in two ninety eight but specific to the date of January one twenty twenty one we also included that if you're an elected official you would be subject to AS and classified misdemeanor in this bill that is because your share of an elected officials are not certified but they are constitutional offices so we need to have a different set of penalties of for anybody that was in violation of this act. The last part of the section was enumerated laws. What we did and difference between Senate bill two ninety eight and house bill nineteen fifty seven as we removed the enumerated rights listing the reason we did that was because we included all of those rights because all of those rights are important to the citizens of the State of Arkansas so the references back to article two of the Arkansas constitution if you create a list and you leave one of those off the list then you may not be that may not be covered under this we wanted to make sure all those rights are covered under this because this is not just about fire arms this is about state sovereignty and this is about the fact that our rights under the Arkansas state constitution are sacred to us and that all of those rights should be protected. I with that I'll answer any questions. If you can just let me touch on first the. This bill does take care of the concerns of loss of federal funds it was mentioned from game and fish also the numerous cases that might or might not have been change but were potentially at recess that that took away any concern there questions from the committee yes yes thank you. Seeing. Senator flowers you're recognized. Yes I'd like to know from Senator Irvin who is going to determine. What. On page six five I think it is. started a line twenty two about the enumerated rights. Who's going to determine. What federal statute executive order federal agency directives conflict with the Arkansas constitution article two section five or any Arkansas law. Senator flowers I think what's important is that all of the right center listed under our Arkansas constitution article two that all of those would be considered to be sacred and and and I've held and so I think it's important that you know we understand that we do not intend for there to be federal over reach for instance you are right to assemble all right to go to church our right to have free speech are are right center enumerated under article two all of those are important to us and so again you know this this bill provides for that protection and I think it's an important component that was very important to the people that wrote this bill and we visited with those people and and so we that that is included as it is written. No court only determined and interpret the laws. Well of course they do I mean a court a court can determine and interpret any piece of legislation that comes before or through this body. So. I was going to be enforced. Against. A public officer aren't public employee of this state. Our representative agent or employee of the municipality or county or the state acted under color of law. Senator flowers. How is this gonna I'm just trying to envision how this plays out. How is it going to be administered. Well I mean Senator flowers I think it's important that you understand that we have you know strong mechanisms in this bill to ensure that those that are working in law enforcement in the state of Arkansas are clear about the language of this bill maybe there is even to them to enter hours were you not it is my honor for you not interrupt what you speak I want to ask the questions Senator prior she was not finished speaking I think she she did not respond to my questions and I have a question I don't think she understood what I was asking of her Senator flowers we will have order. Yeah I like to have order okay if you wait I will recognize you when she finishes speaking why not just go ahead and take your vote. And be done with the. If you don't want me to ask questions. That. That person who is presenting this bill can be responsive to okay. If you will let her finish speaking you can ask another question. Senator Irvin please. Thank you Mr chair again what is important to is and this bill is that it is subject to we are subject to the certification and also to unclassified misdemeanor and I think it's important that your due process also be protected in this bill Senator flowers I mean you have a piece of legislation in front of you just like you have any legislation that passes through this body. You know it is it is our position and it's our job to pass legislation you have branches of the governments that are supposed to enact our legislation and to hold our citizens accountable under the provisions of the laws that we pass so I mean you understand that I think we all understand that and I appreciate the questions that you asked Senator flowers. I don't think that was responsive Senator Irvin you say on the starting a line twenty eight. The following persons shall not enforce our says federal agencies are officers in the enforcement of any federal statute executive order our federal agency directives that conflicts with the Arkansas constitution article two section five are any Arkansas law then you name those individuals that shall not enforce. Public officer or employee of this state. R. V. a representative agent or employee of the municipality a county or the state acting under the color of law. All the rights granted assignment so are we expecting law enforcement officers. To decide what conflicts with the Arkansas constitution. Senator flowers. When you when you're talking about you know what you have and then or it what we have in language here and this bill. Your your question is I mean it is very clear in what they shall not do. The following persons shall not enforce or assist federal agencies or officers in the enforcement of any federal statute executive order federal agency directive that conflicts with the Arkansas constitution article two and any Arkansas law and and like you said you went through the persons that are listed this is a piece of legislation that is important to pass because we have citizens who are very concerned about the federal over reach from the federal government as it comes to our rights under the Arkansas constitution I am very very convinced that the citizens of the State of Arkansas is support this piece of legislation are going to do there up most to really make sure that this is followed and so we together as a state govern ourselves out of the state as well and so I think you know dear to answer your questions I've I've tried to answer your questions the best of my ability however no this is important for our citizens and at the end of the day or the ones that are going to uphold the laws and the and our state and we have the agencies to do that and what this bill on lines is a very clear process for that thank you. Will generally you would know what the law is that law enforcement is in force and and it appears to me that they have to make the decision as to laws what laws conflict their police officers they're carrying out the legislation in the law that the legislature puts in place. They're not out there on the street to make the law. But any rate Mister chair I ask for immediate consideration. I have one other member recognized. Senator Clark. All the four to the motion okay we thank the motion may be consideration all in favor aye. You may I did not take a second that I'm sorry I have several seconds all in favor aye aye. The consideration of house bill nineteen fifty seven. I have a Motion on the floor. I find as amended thank you. I have a motion center Johnson do pass second Senator Flippo. All in favor aye aye opposed no. Thank you your bill is passenger I ask for a roll call. As. Call for a roll call. Senator flowers. No. No. Senator Clark. Yes. Senator Hendren. Senator Hendren. Senator Flippo. Yes. Senator mark Johnson. Yes. Senator Solomon our yes. Senator Stubblefield. Senator Stubblefield. Senator Rice. Yes. We have a vote of five for information the Bill pass is committees adjourn the Senate would request you back. Thank you Mr chairman of the committee.