State Agencies & Govt'l Affairs-Senate

Issues with our employee retirement benefits division as you write remember I believe it was a. Two thousand fourteen I think we put forty three million dollars if I remember correctly into the teachers retirement or insurance fund and now we are approximately a hundred million dollars in the hole again so what this bill does is it eliminates the EBT board. Which is the governing board that's over A. B. D.. Transmit puts them on a temporary basis or repaired puts the governing authority on a temporary basis under the state board of finance. Because at this point right here There's going to be some to decisions made by the end of the fiscal year which is June thirtieth and as far as a some of my discussions with the legislature they're going to new governing body in place. The other intent is is after after we get this corrected and and probably in the fall whenever we come back we're gonna work with all the stakeholders over the summer come up with a more dedicated to balance type the governing board to four EBD was a legislative voter oversight and probably some reporting that has to be done throughout the year so that we can make sure that this doesn't happen again. Any questions committee Senator Hester recognized. Senator Ricky would you agree that the board as is is just failed to do their basic duties fiscal responsibility we build amount the past and now here we are again and that's why this bill necessary yes Sir as a whole I'm not saying that there's a Very good individuals on that board itself but as a whole they did have the fiduciary responsibility I feel like to do it in the this is the second time we've seen this I agree thank you yes anymore questions committee members. See now we do have one person speak against it Mr mark meadows are in the room. Mr meadows if you collect come speak against the bill. You're signed up against a correct. Come to the chair. Press the button so your name and any title you may have and give your testimony. Yes my name is mark matters I'm an employee benefits consulting at. Sunstar insurance of Arkansas this matters you may present attended testimony to the committee well the reason why I'm here is is that. You know you have. The board and I really don't know anybody that's on there anymore I consulted for EVD when you guys had a bailout and and I think it was forty eight million forty three but in twenty thirteen whenever that was. But that. They are highly intelligent well educated people. But they are only as good as the data that they receipt. Meaning that whichever actuarial firm or firms there's been two firms since the last time that they were bailed out if if if the information because health insurance particularly when you're having to rate an entire block of business or group can be pretty tedious and somewhat hard to understand. And but that if it's presented in a certain way then those members of of of of any of the board whether it's you know where you want to move it or if you say well we don't wanna put it here let's put it under a ID or whatever then you can make. The right decision as far as the you know what the planned benefits are with the plan calls or I think that. You know one of the things. About that I've always known about state government and being a public school teacher is that you know yeah they may get paid a little less money than they would in the private sector but the benefits always made up for that you know they always had a great retirement always a great health insurance and all of this and that ever since I've been involved. I have seen that slowly erodes. And again I don't I don't think we need to be sitting here throwing the DVDs. Board under the bus on the steel because I've just kind of kept up with it I read the the the minutes of the meetings and all that A I just I just think that they've been given a lot of bad information. Thank you Sir you committee conclude your testimony yes Sir any questions committee. Since seeing on the server testimony thank you Senator Hickey was like close for your bill yes Sir and this gentleman you know there and that is what we're saying there's a lot of uh of things that we need to do to put in place to make sure this doesn't happen again and that's the reason that we just didn't sit here introvert trying to develop a long term board we've got to do something on the short term that's what we put it on the board of finance just to make sure out to said about a hundred million dollars earlier just to let you know as of today I'd requested you know what the where the deficit would be as of right now for the Arkansas state employees were showing a deficit of twenty seven for twenty seven million for the calendar year twenty two and a public school employees will be sixty three million. Now what I also don't know who is most of the time with these self employed tap funds you need to have like a reserve set up for a catastrophic I'm not for sure that that includes exactly where we need to be with those reserve funds also so that's why I say that is open to that again we've got some work to do this is literally phase phase one or step one of what I see is a three part thing phase one we've got to do this because before the legislature or others you know will feel like they want to you know get involved into possibly even have to put more money into this plan will have to have a new governance that'll be temporary. that board that'll be step two they're going to have to get in here and work with the B. D. the legislature is also hiring a consultant we've done that during the session or we put out or if the so we'll have that consultants work closely with they're also going to help us develop a strategic plan and then again step three will be how we develop our long term governance and have to bring it back for a Legislation after we've that it all that. I appreciate a good vote Senator Hickey is closer is bill what is the will of the committee. Motion to pass by Senator Ballinger second by Senator Hester all those in favor say aye hi any post graduation but thanks bills passed. Senator Ballinger believe you have a quick bill you can run H. B. seventeen ninety three am I correct about that. H. B. seventeen ninety three and we there's amendment. I'm doing right now. Yes. About the doubt this man I gotta go check on the bill on tax reform okay. Okay Senator Ballenger the Committee thank you I know that you all knew where it was that we Senator Hickey Napoli's musical chairs and he's going back and I'm back here so thank you for your tolerance on that Senator Ballenger thank you have an amendment for digestion on house bill seventy ninety three what the amendment represents kind I work on the work on this together and she made a promise on the house floor to go ahead in and bring into this bill a dealing with prostate cancer and. I guess I've got a got talking points which. May be helpful but I probably will use so anyway what this is just bring the entire prostate cancer it is what the department corrections are doing it right now but it codified that similar to what we're we're doing for breast cancer for the women and screening for breast cancer. Happy to answer any questions you. Members from we would adopt the amendment I make a motion that we adopt the immense motion for Senator Ballinger second from Senator Hester also favor for adoption amendments house bill seventeen ninety three say aye opposed no. Amendments adopted you're recognized so this the bill represents cotton I have worked on we've been looking for something to work on together obviously with the the diagnosis of my wife with breast cancer so the issue that is kind of on the on the top of my radar and that's originally what the bill started with of course now it includes screening for prostate cancer as well and it just it it on net it will actually probably save the state money to make sure that we are we are screening these they are currently doing this process of some money cost anymore but this process prostates money because of early detection I'm happy to answer any questions you and I and others apparently somebody has signed up to speak for the bill and want to cut them out. Okay. President questions for Senator Ballinger. Seeing no questions Senator you say someone signed up well that it is minor saying aye I don't know who that who that is but I think the staff so that the only thing that I don't think you have any problems so is yes I'm here to speak for house bill seventeen ninety three. Anybody wanna speak okay for or against. Nobody's taking on that they may think you're in good shape our job I think I may be all right if I can just convince inter Davis are you close for the bill I'm close I do make a motion to pass right I have a motion to pass a second for Senator English all those in favor say aye aye All opposed no the Bill pass thank you senator. It looks like the job took that one will out orders at right okay the staff sent from the centre Hickey's Bill in the one we just did is there anymore that was out of order here for sure okay Senator Davis do you have your hand on your concurrence okay let's go back to the top of the deck here Senate bill six fourteen to concur in the house amendment. You're recognized I guess for the record if you please state your name thank you Mr chairman Ian Davis state Senate district sixteen. And this bill has been amended exactly out as promised on Senate floor we just defined at misdemeanor and made it and a little more and pointed to target and crimes of fraud and theft witches and keeps with that at purpose of this bill happy to answer any questions right. Members do you have any questions. For Senator Davis saying none of his or anyone that would like to speak for against this measure. Seeing none Senator Davis do you have anything else I'm closed session do pass all right I have a motion to pass for the second from Senator Bledsoe on the bill as amended all those favor say aye opposed no bill passes thank you senator. It members believe that gets us to six thirty four if you want to take it up Senator Hester. Thank you senator members of this bill just says basically that if you have the right to manage the foliage including trees on your property the way that you see the way that you see fit this does not preclude a city from saying that you need to mow your lawn or keep things in a in a reasonably tidy condition it just basically says if I've got a tree in my yard that I feel like is a nuisance of I feel like is a safety hazard because it's dying and limbs are falling and I've got young kids if for any reason I want to remove a tree on property that I own I have the right to do that without the without a a county or city any have a municipal involvement in the way that I best season with a hand on my personal property so I'm happy to answer any questions. All right members and do you have any questions for Senator Hester on this bill. Do we have anybody we do have some folks signed up on this bill. If there is no questions then Center anything further before we take for and against all right thank you Sir I've got two people signed up on. Senate bill six thirty four I've got James Waldron and it looks like Peter nearing garden are any of you to in the room okay. Are you Jane your change yes okay James. Mr near a gardener you in the room okay if you just make sure to get yourself ready so that we can move expeditiously. If there's anyone else that wants to speak for against make yourself known will be happy let you speak. missed wall and if you would just state your name for the record who you represent you're recognized yes Sir my name is James wall in here on behalf of the city of Conway and the American planning association Arkansas chapter. so the point of our opposition to this bill is not really around the central premise of whether someone should be able to you know training program things like that though that's certainly reasonable the opposition to this is based around that it's it's very broadly written in terms of it encompasses a lot. and so there's a lot of unintended consequences that can be wrapped up in this and I think one of the the main issues that that as planners we have with that is there's a tool that we use to help businesses get into particular areas that this would hamper so for instance when we're talking about a business trying to go into next to a neighborhood through a conditional use permit process or some type of similar permitting process like that oftentimes what we're looking at our. Say the neighbors are really angry about it and they they don't want to come in there and we so what if we left what if we had that the owner agreed to leave a fifty foot vegetated buffer my so yeah we're more than happy to do that the neighbors are happy the business owners happy and and we go all what this what this bill would end up doing is making that all the time the cities have agreed to that all the times that that's been passed before how we have no enforcement mechanism to say Hey they can't do that. and moving forward it makes it exceedingly difficult because then it would have to be subject to a deed restriction or some type of planting easement or something along those lines which is you know that's that's pretty invasive on the property owner because things can change and we certainly don't want to do that I. and some tangible examples of this you know blue chip ice on south Arkansas in Russellville when I was when I was working with the city of Russell that was an example of a business where we we did that type of vegetated buffer got that passed that was something that that made those property owners okay with it for example we have any number of mini storage facilities that have been located in Sherwood city sure would that that's something that those neighbors are typically very opposed that's a very hot issue particularly an insurer would and so that those vegetated buffers are one big thing that that ends up getting used in Conway we recently had a homeless shelter go in within the neighborhood in one of the tools that we used in that particular instance was we said okay would it be okay if we left twenty five thirty foot vegetated buffer and and that was something the neighbors were okay with so. I understand the intent of the bill I I'm not arguing that I just think it in some ways it being so broadly written creates negative consequences for business and makes an anti business. With that I'm happy to take any questions. Thank you James members do you have any questions for wrist Walden. NO questions we appreciate your testimony thank you for being here. And Peter nearing garden. If you would state your name for the record who you represent you're recognized or yes Sir Peter in your garden on the environmental director from the city of fate bill good evening committee members as with most cities in Arkansas Fayetteville value streams trees improve property value and make our communities more attractive trees provide cooling shade in the summer the buffer noise pollution and provide habitat for wildlife trees are what make Arkansas the natural state. Ninety one percent of Fayetteville residents and citizens support the preservation of mature trees in our city. Like several other cities in Arkansas fable has a tree preservation and protection ordinance that provides for modest in fair rules for preserving existing trees during land development for subdivision developments in for commercial developments in our city. But what are ordinance does not to do what it does not do is prevent any homeowner or existing business owner from trimming or removing any trees on their property if you're a homeowner in Fayetteville there's no rule or permit required to remove the tree from your yard. Likewise if you're a business owner in fate bill there is no rule or ordinance that prevents you from removing or trimming a tree on your property our over our ordinance in fed bill only impacts land development on on properties and projects that are larger than one acre. This bill seems unnecessary and there are likely unintended consequences with the broad language included in it it's unclear in this bill if this bill would allow cities to continue to enforce our hazardous tree ordinances that might require the removal of the dead or dying trees that threatens life or property of a neighboring property picture a dead tree hanging over your house that's on your neighbor's property. In twenty nineteen fable experienced a catastrophic ice storm the required the trimming and removal of thousands of damage trees I don't see any emergency language in the ordinance that would allow us to continue to trim or remove trees after ice storms tornadoes or other natural disasters. The impacts of this bill are far reaching in committee therefore the city for evil opposes this bill and we are not alone in this opposition we've been in contact with our neighbor to the north the city of Rogers and they've authorized us to speak on behalf of them and let the committee know that the city of Rogers also opposes this bill. We respectfully request that you vote no on Senate bill six thirty four and I would be glad to answer any questions one other thing I want to point out is that we've also been in contact with the Arkansas chapter of the American society of landscape architects in the Arkansas urban forestry commission and both of those organizations have authorize us to express their opposition to this bill thank you be glad to answer any questions right thank you Mr merry garden members do you have any questions for the witness. Seeing no questions thank you Sir appreciate you for coming up. Senator history we recognize now for closing your bill. Thank you members I think the the key to this is we were very intent on this it says tree maintenance this does nothing to require on development what the what the planners would require you to do during the development process right so if they say you need to have trees are about for this is only about the maintenance of the trees on your property if I want to cut a tree on my property or bush I have the right I have the right to do that and I would I would say that there are anyway that is not the current case in in certain parts of Arkansas but that's what this is if so if there's a planning department wants to require I'm a home builder they say put a tree in the front yard happy to do that you know that the planning planning is long standing law that they have the right to do that and I certainly support that but I just think if you have the right to remove a tree that you find a nuisance or that you don't want your land you should have the right to do that. So I am closing I make a motion to pass all right members got a motion do pass from Senator Hester second from Senator Ballinger is any discussion on the motion. Seeing none all those in favor of the bill please say aye. All opposed no. Bill passes thank you Senator Hester. members is representative Ladyman here for. Yes yeah would you are you are you gonna write form I think you may be are. Okay. Okay we're we will pause on that be happy to bring it right back in the fold whenever it appears Senator Hammer you are six seventy one if you want to take that up for. Per share can I get a copy of the bill you'll have to excuse staff you would please just Senator Hammer. Share for the second time can I have Mister Frank Gehry from lake audit yes under the table please insurer and. Mr Kerry when he is place if you have both to state your name for the record for the purpose of the those viewing. I'm Kim Hammer state senator district thirty three senator. Frank Gehry legislative audit thank you both you're recognized Sir thank you Mister for the second time all of the very to the point reserve time for questions as you know representative back sitting over here a session to go rent a bill that with regards to the department shared services that there would be a review of the projected cost savings and we all remember that we went through an audit extensive audit brought for some results that we had a meeting about one of the things that personally I think in working with regard to there was a little bit of a difference of opinion when it came to the definition of savings one of the things that this bill does is define into that what savings is so that we can identify that is legislative branch you can go through the bill and just see also that it gives the intent that we as legislators should take a look at that on a regular basis and that information be submitted to us for consideration and if the chair would allow that's kind of a hundred thousand foot view let Mr airy speak to us some things and we answer would. Sherri center that was basically it by August first of each year each of the fifteen state departments should report there the report will be approved in a format again approved by legislative joint auditing committee it's gonna use terms from appropriation classifications that everybody should be familiar with it's a fairly simple report the legislative auditor will then have to compile that on an annual basis and present that to certain legislative bodies as well as the governor in the director of the department of transportation ensure our transformation and shared services. That's in it again and not shall. Okay thank you Mr anything further Senator Hammer no Sir I just think that this is a good way for us to have a clear understanding when we say savings what is the main and it's really information that they ought to be able to have already it just provides a process to make sure stage before. Appreciate your work on this and has been an issue thank you members you have a question. I don't see any questions we have anybody on this bill we don't have anybody signed up to speak for against this bill senator you have anything further I just like to thank representative back because he got the he got the wheel rolling session before last I think we see evidence that this bill is well deserved and meaning full and I wanna recognize represent Beck for his efforts to get us as far your wealth of membership what is the leisure to I have a motion to pastor senator garner second from Senator English any discussion all those of favour bill please say aye All opposed no bill passed a senator Hammer thank you Sir appreciate that thank you members committee. Senator Johnson are you prepared for five five six or okay. I see Senator Elliot is made it so what will have to be texted her so she's available here so. All right. Senator Jane I'll just make an announcmenet folks they're trying to get the air just and we probably have more people in the room today and we've had the entire time and so it if if you're a little bit warm just beat Easter contract to make that better shut off all gas for that. Under Johnson I'm used to freezing to death in this room Mr chairman I know that is the the capital changes throughout the day here's you Sir but you're recognized center Johnson thank you Mister chairman mark Johnson Senator district fifteen of. The Senate bill five fifty six is the Arkansas election integrity acted it simply allows for County Board of election commissioners with a population of over fifty thousand. To the ability to request the state board of election commissioners to conduct an election on an emergency basis before the County Board could even submit such a request they must make two separate written request to the county judge for remedial action within the six months preceding the request to the State Board. During the twenty twenty general election eight counties had serious issues this bill requires several steps before the state board will even consider taking over an election but it does provide that process to ensure the state does indeed have a mechanism to deal with election interference are gross negligence as well as ensures that election integrity is maintained if corruption were ever to come and play. Now there's been opposition to this it almost entirely seems to come from places where we don't anticipate or haven't seen any problems in recent years that doesn't mean there's not others but of people that are doing a good job often times react in don't don't mess with us we're doing a good job and under the provisions of this bill there's some substantial due process before they would ever be an intervention on the part of the state board of election commissioners as matter of fact there's provisions where if someone were to make a frivolous a request to the State Board of Election Commission of their sanctions. Two back to the county boards that would do something like that so this is a serious matter to deal with not just some problems we've had in the past but potential future serious problems so what the the bill is this is sort of our Stop gap when there are problems within an election the county and it to have some deadlines it says some processes and timelines in place and most importantly it places responsibility on this the County Board of election commissioners the entity that under current law is responsible for the election if they are threatened with issues that they feel could seriously cause problems for the election being free and fair then there is a mechanism I think a very fair and a mechanism with lots of due process to a petition. Twice for the local officials that can solve the problems locally to do so and only when they refuse after those two requests then my the the County Board of election commissioners petition the state board of for this relief so there's lots of stop gaps the only times these whatever come up would be when they're truly problems and the let's just remind everyone that these are the people that are under the law are required to certify the elections they're the ones ultimately responsible and if you deny them the tools and the the authority that they need to do their job the it's it's you can't expect them to do the job well we had a case here in Pulaski County where the commissioners were very hesitant. Very very hesitant to certify some of the the election some of the races there are so many questions things they weren't sure of but the attorney who did not actually work for them have a conflict of interest the county attorney told him they had to certify the election and there's some real regret they're they're sorry they did that because they think they they might have made a mistake what this does is it ensures that the entity that is in charge under state law can conduct the election and if their roadblocks are stumbling blocks thrown up to keep them from being able to have the resources they need to do it that there would be a way for them to Seek redress and have a process that a temporary process a very limited process on how to carry out the election in each of those County so any in that county so the the thing to remember on this it is temporary it is finite it's not a long term deal but if there is a problem and distress there needs to be a case to make sure that we don't have some irreparable election result that that is wrong and is not for it is not fair so I'll be happy to answer any questions thank you senator. Members you have any questions for senator Johnson on this bill. Senator Hester you're recognized. Sir Johnson I've been hearing that Senator Hammer had a bill just recently passed the that does this already even that have any idea what's. If partially there is a little bit overlap Senator Hester and we tried to separate these functions I think we've had a total of thirteen or fourteen bills between the house and Senate that we worked on over the last eight or ten weeks of a lot of it is simply to try to avoid redundancy and and Law unintended consequences that could maybe be some redundancy and I apologize if that's the case but this one was drafted I think the one you're referring to has a six hundred some numbers so it would it was done after this and so we were Better to be a little redundant and to leave something out and and that's the best answer I can give you okay that my next question is we've thank you so we passed a lot of election reform election integrity bills So I think one of our colleagues to me this was the bill the petite all those trying to make someone that does what it puts teeth all of those like you know wars everything we've done this allows us to that's a very fair statement senator thank you. All right any other questions for senator Johnson. Any other questions for senator Johnson. Seeing none centers or anything else before we hear the form against no Sir I'm ready go ahead let's hear the form against all right center thank you very much we are on Senate bill five five six and I have I think five people that are signed up on this and I'm going to go ahead and call names of those signed up and for preferred purposes of time if your position way over here please just try to come over here and stand for a moment so that we can get everybody expeditiously the first on the list is Jennifer Womack looks like standard for. You know in so Jennifer you'd be welcome to come in on deck if you will run foster now Matthews Doug Curtis and Lindsay French and so. Senator future to you you're welcome center you can take a seat there for the whole move yeah that that might be helpful. Ma'am if you would please state your name for the record and who you represent. I will my name is Jennifer way Max standard for I'm an election lawyer and Bentonville Arkansas actually drove down from Senator Hester is district that's what this afternoon and I have practice election law for quite some time I represent Republicans Democrats and nonpartisan candidates in my practice and ians I have a significant amount of experience not just with the lection on general but during this last election cycle I had the opportunity to advise and assist clients all over the state At Pulaski County was one of those obviously and I have a significant amount of personal knowledge an observation from that. I also was in Benton county Washington County Craighead County fault nurse to leave Sebastian I've I've I've watched the the elections from all sides of it. I think that an. The reason I came down is because I did watch the comments in the testimony that was given to you previously when this bill was originally presented and I think Senator inaccurate information was given to you at that time and so I felt compelled to come down to make sure that you have good information because there's some questions of law that are fairly significant that are raised by this bill and so I do want to just go through some of the legal questions as quickly as I can I know that we're all we're looking at along U. three tonight and as raised by previously by the county judges when they objected they noted that this was an amendment fourteen problem especially local legislation I agree with them and assessment because it's limited to counties over fifty thousand and those are just the those are not the only counties that have this problem they are the counties that we seated and more recently and that we see that we have been but what really happens here is we have a hole in our law where we have not clearly defined who has what duties and who has what the forties and the problem keeps coming up mostly in one of two situations it'll be in a county where our state majority party differs from the majority of the electorate within the county so you get Republicans versus Democrats or county square you have a strong personalities really strong personalities and egos in elected officials and appointed officials and you get this class but the problem is not just because of personalities the problem exists in our code and these County position's of Election coordinators for created by the counties because they saw a hole and they saw that these county boards need help assistance especially in the larger counties and they didn't know they didn't know where else to fill it and so they've created these positions now. And that's what we don't have anything in state law it's nonstate beast it doesn't exist as far as the state law is concerned so we have this whole email that has to be filled and with our law and and the way to address it is to come in and figure out how to how to assign duties and authority and funding in the appropriate places to keep this from reared its head and becoming a problem and but primarily for purposes of amendment fourteen the problem is not counties over fifty thousand the problem that needs to be gotten to and I and I think that senator Johnson has identified is that we have this power struggle that we need to fix and our law and so I do agree with him that this is the problem is to be resolved I just don't believe that this is the bill to do it and the second issue that we have the amendment fifty five sections three and four and this provision. Grants the authority over funding contract signing and employment decisions to the county judges and so what happens is you know the county judges of created these position the county courts have quorum courts have created these positions in the funds them but. Because is the duties are the state and they're finding them to help the county boards but because of these constitutional provisions the county judges still have all the authority over it they still have all of the constitutional duty and and all the responsibility with the person messes up they come to the county judge and so they're they're stuck with that and it as written this bill allows the county it allows the state board of election commissioners to spend county money and the bill the council for it later and that's in direct contradiction to Amendment fifty five further it allows the state board to hire and fire employees and the bill the council later that's also in direct contradiction to Amendment fifty five so and. I know that one of my colleagues spoke when this bill was first presented and indicated that this was resolved by case law and I have the complete opposite opinion of what the case law says at this point and so I did want to make sure you know this is a disputed area of law there are two very different positions on it and while he did not cite to the case I believe that the case that he was referring to. Was Jefferson County B. Wilkins which was highly I think we anecdotally many of us know is still unresolved in a lot of ways that case was dodged basically the courts avoided making a decision because they dismissed in a procedural ground saying that mandamus was inappropriate they did not settle or resolve the issue of funding and who pays for what and and the constitutional issues that come with that. And. One page five lines twenty six through thirty six of the bill it gives county clerks or excuse me it generally delegates to the state board of election commissioners the same authority to take over the county Clerk jobs and to do that it it it's a very general delegation that is likely violative Amendment fifty one because this county clerks to issue duties are set out amendment fifty one and that would subject this bill to a if if we could do that if we amended the law of the constitution in order to effectuate this would subject this bill to a bill filing deadline to a two thirds vote to notice requirements as you all know and they're additional conflicts of the law that and just make it harder and more likely to get us into litigation and I think that's that's what I want to make sure you're just aware of generally it doesn't define what an emergency is and so I County Board can declare an emergency and then everyone can fight over when an emergency is and it's very confusing as to who orders or requests that uses those terms almost interchangeably and so it creates a an even deeper blur of the duties of the power and authority and more questions about who is going to make it to these questions on page eight lines one through seven at exempts all rules except those in subsection J. from the administrative procedures act so it removes legislative oversight over rules of the State Board of Election Commission are far beyond what it's intended to I think that it was intended to apply only to the section but the plain language is not limited to that and then it also sort of generally confuses the ideas of the certification and employment decisions and I think that's one of these holes that what I mentioned a moment ago that we still have in the law and and it bears some some additional flushing out. I have. Struggled. Because so much of the testimony so far has been very specific to Pulaski County and I struggled with sort of how I wanted to address that with you all and because. As we have all seen in the public comments and statements and meetings there has been a lot of finger pointing and there have just been a lot of people gathered together in a glass house throwing stones and I don't think that that's helpful. And so I want to be clear that I am speaking about the bodies themselves when I talk about the County Board in the county and the county includes the county judge in the county staff and I'm not going to single out individuals because I don't think that's helpful I don't think it's appropriate and in my personal observations from beginning to end of this there were successful successes and failures on both sides. And it was a hard election process to work because I saw one common ground from everyone who was involved in it that they all wanted to do the right thing. But they were all stuck in this sort of power struggle that was created by this gap in in our current legislation It is. It's it's at I'm I'm asking you not to react to one side or the other. But he was a legislative body step back and look as a whole and look at what the best resolution is for everyone I have a four year old and a six year old. In the fight and as good a mom as I and they fight and they get at it and when they get at each other's throats I don't pick a side. I sent both to their rooms. I give them each a job go clean your room and then I tell them when you're done clean your room you can each play in your room you don't get to play together you play with your own choice you don't get your brother's choice and I think that the better approach I think this bill of the functional policy problem that I have with that is it it picks the site it says we're going to side with the county boards and we're gonna make the counties do whatever the County Board say we're gonna find a mechanism to do that when really they just need to be sent to their rooms they need to know these are our jobs man this is what we can play with. We have fifteen bills and this is for everyone because I I want you because you're a long way to ever say this but I I know you're getting close and I know you're D. integrate analogy and I'll be happy for you to say a closing statement but we have fifteen bills on the agenda. We have as many as thirteen people to testify on one bill and so I really need your help to to get to that point and a stay on the bill as we say so what I'm saying is for everybody is not really just you you've done a great job made your point but I know sometimes folks will get appear in your ride the talk about the bill so that we can deal with the bill and so thank you very much but I just want to make this statement should made before you got started so I apologize but do you have any closing remarks I I do I appreciate that and that that actually is generally my clothes is where I'm where I'm going with this is that what I'm asking you to do is to know that if you are going to pick a side if you disagree with the policy of separating them and you are going to pick a side then I I need you with this bill needs a constitutional amendment and if you don't get the constitutional amendment to go along side of it it's going to end up in litigation it's going to end up in litigation on the front line in plastic county with the most liberal judges in the state and the most liberal courts in the state the best local county in the state and it's leading these questions open for the most liberal judges in the state to determine and my concern is that when it picks a side and powers them with blanks basically it's going to it's going to exacerbate the problem it's not going to fix that. Thank you Sir thank you very much members you have any questions for the witness before she leaves. Saying no questions thank you for your time and thank you again I apologize but I didn't do my disclaimer before you started but we do have several got four left to testifies or Mr run foster in the room. I don't see Mr ran foster here she will move in L. Matthews. Matthews I think you know the drill if you would just need your name and who you represent for the record. My name is bill Matthews and I represent the league of women voters of Arkansas and rather than calling this an election integrity bill I would call in an election confusion or even election chaos it's it's pointed toward three cities in Arkansas Fayetteville little rock and Fort Smith those are the only cities according to my reading that are fifty thousand or more so if there were eight counties that were having trouble you've left out five of them in this bill. And the other thing about it is as was alluded to by the first witness it's so nonspecific you know if there's problems in compliance it doesn't spell out what these things have to be that cause the problems and it says you have to have two reports it does put us to complaints that go it doesn't put the time period between those so you can do one at the next meeting you do the second one you Senator both in and then that triggers it so there's eight sections to this bill. And you go through and you read it and you find that the state board of elections is going to take on personnel they're gonna be hiring and firing and moving people around and suspending and then the next bit says they're going to have attorneys they can hire attorneys and they're gonna need those attorneys if they're going to take personnel and hire and fire and move them around and suspend them and you get to that section and it's all about who where the money's going to come to pay for all of this and it's going to come out of the county budget. And which is ultimately the taxpayer's pocket. And I just don't think one last point to make is that it triggers that the state board can take it over up to four months in advance of the early voting starts don't say anything about taking over in the middle of the actual counting process they take over up to four months in advance before the early voting starts but then there's nothing about what happens once the election is over so I just don't think this is written in a way that makes sense and hearing the first Speaker about all the. Constitutional conflicts I think it this is needs to go back in the room rethought. And that's it thank you ms Matthews any questions committee saying none thank you for being here I hope you're going to show us what you've needed this whole session before we we leave here. Yes the curtesy if you're in the room Sir. This is the dead Kurdish I believe. A recognized gonna know it was it first. Mr Curtis if you would please state your name for the record who you represent all right I am Doug Carter's sling county Clerk thank you very much for listening to me today happy to have you sure you're recognized okay. The Arkansas and Tennessee Act and I've got a short statement here nine I know it's been a long day for all of us so I'll make it brief there should be an Avenue. For the state board to come in and and take lead take charge of elections direct election of. You need a higher authority to to over look like them but not to come in and just absolute takeover integrity has not determined the population and one of those then the reason I say that is. Is we won't we all want fair and honest elections throughout the state of Arkansas we've got sixty two counties is left out of this bill. that right there's a little bit disturbing of not looking towards a future what can happen of and what won't happen I guess you'd say one of the thing that gets really gets me though is the request can be made by a majority of the election mission flexion Commission have three people on it up. Two of them from the same party stands up and we've got a real political not Meryl our hands I think that that should be a unanimous decision just like they have it's unanimous vote to determine an emergency by the County Board of election commissioners and that's Arkansas Code seven five one oh one B. two just having a simple majority has a real possibility of the politics of integrity. we call it emergency and and how do you react react to emergency of. I believe that if fair and honest elections in jeopardy there needs to be action taken immediately and this bill right here it will take ten to twelve days to get boots on the ground if there was a problem election that's too long I see this bill as written putting a cloud of politics over election process and that is something in Arkansas does not need or want the bill I'm also the second vice president County clerk's Association and counter Association opposes this bill and likewise does the county judges sociais should oppose this bill president questions I'd be happy to take on. All right members you have any questions for Mr Curtis. And and by the way first curse you mention the sociais Haitians have they put out a formal statement on the bill I'm not aware that I've got anything on that the county Clerk to the with the county judges. Yes because the county judges add so and county Clerk sales rep. Any questions. Seeing no questions thank you Mr thank you good seat inserts Members have one last witness on this bill Lindsay French. With the county association. If you would please state your name and who you are present for the rest. Thank you Mr chair thank you Committee once the French with the association of Arkansas counties a lot of points have been touched on a very brief over seventy four lections bills have been filed this session over thirty have already passed and are on their way to the governor two in particular I think already deal with the issues that Senator Johnson is trying to address with this bill S. B. six forty four by representative Hammer a similar process to this bill except it has some checks and balances involved with the AG but the state board of election commissioners with the JPR Committee and it does not violate the constitution amendment fifty five as the previous witness mentioned additionally HB eighteen oh three came out of the house and also pass through this committee in the Senate a representative Lowery I believe of centre Johnson may even be a a co sponsor of that bill and it expanded the state board of election commissioners authority to hear election law allegations. These are just among a plethora of other elections bills being passed most of those have had input from the people who actually run elections and I've been worked with this one is not one of those bills as Mr Curtis mentioned this bill is opposed by county clerks and county judges alike you'll not see anyone who who runs elections here other than one I think election commissioner from Pulaski County that senator Johnson has worked with will not see any here supporting this bill. I let the laws you've already passed go into effect and fix the problems that that were addressed I believe this additional law being passed would create conflict and confusion with some other good laws that have already passed enclosing when there is an emergency is he mention and someone does need to be removed for wrongdoing we do recognize that can be a problem and there's already a remedy for that the County Board of election commissioners can by two thirds simple majority vote decertify someone who is working in election that's all it takes is someone is committing violations in the middle of an election by two thirds vote they can do certify that election and they can no longer work in the elections so that's that's all I've got and I ask you to vote no on this bill. Okay. There was any questions. C. nine thank you very much for your time is there anyone left in the room that would like to speak for or against this bill. Seeing none Senator Johnson. Thank you Mr chairman of a few points to touch on the closing of. I appreciate Jennifer coming in testify which she called me of summer ideas while we're working on this bill she's a great lawyers most of you know she used to be a staff lawyer for a B. L. R. as help me was wonderful bills in the past and probably mostly all as well the the specter of litigation I guess always anytime we do something that's changing the status quo people are going to come in and say that you know one of the things that she alluded to was this concept of billing the counties later if the counties are in some way violating election law or standing in the way of the election being carried out properly in the state then there should there should be some accountability and we we have that throughout a lot of other sections of the law related to other things but it's important to note that there is due process in this Two and to clarify because I did not necessarily in my opening statement clarify this Matthews touched on the fact that not about cities over fifty thousand this is about counties over fifty thousand so it is a little bit broader than what she was speaking so she had read the bill very very well up in yes the taxpayer's may ultimately have to pay something because sadly taxpayers pay one officials make mistakes do wrong and something has to be done to correct that and. Whatever level county state the taxpayer's of course have to pay for fixing things and and to just reiterate some of the things we had happened in Lasky County we literally had the county judge step in and say all the Election Commission staff you work for me now you don't work for the commission and actually maybe under the constitution that's that's a questionable thing because you have County judges that say I'm the chief executive officer of the county and they're for everybody that is in this little universe here you work for me and following that we had the number two person that the deputy election coordinator stand at the door of the Pulaski County Election Commission offices and blocks the chairman from being able to enter the room where they were counting votes. I mean this is the kind of of abnormalities Act of one of the kinder words I can use that we saw happen here in Pulaski County I also want to mention and this is a full disclosure of ms Womack was also an attorney dealing with the one election challenges and Pulaski County she represented representative Hudson in her challenge to former representative Sorvillo somewhere by understand that this is not a disinterested observer to the things that we we saw happen here in this county Mr Curtis talked about might take ten to twelve days to even get boots on the ground in that event that emergency was declared by the state board and remember that the state board has to make that. Hundred twenty days before the beginning of early voting. So it it's not impossible to do things if you have enough notice and that's why this bill was was set in place it is an emergency procedure. It's a procedure to make sure that we have a backup plan. If the election machinery either breaks down on its own or is someone an elected official an outside organization or someone else throws a monkey wrench into the mechanism of the election a in most the counties of this state including the counties that are run by the people that come here and testified and called all of us about it I don't see the problems these people are honest they're going to do the right thing maybe some some errors mistakes but those will be minor and things that can easily be fixed and under this bill this state the County Board can turn to those officials and say Hey we got a problem here can you fix that and they can do it and there's no no no harm no file. If the local officials don't respond then they ask again so we have to go through this twice it's only when they've been twice denied that that they would vote to request that the state board step in and make sure the election is run fairly okay we have a lot of the conflicts in things I appreciate everyone's pointing out all these well we got a law says this already and we know if if we didn't have to tweak the stuff from time to time we wouldn't be sitting here on the one hundredth day of the ninety third General Assembly and west why we're here and I think we're all tired and we understand that concept but this is a Senator Hester said this is the teeth this make sure if you don't follow all these other laws that we pass then we can step in and the ultimate result would be a free and fair election the votes are counted properly and the commission can certify without any hesitancy that these individuals won the election of these measures passed and so with that Mister chairman I'm closed all right members was pleasure of the Committee. I have a motion do pass from Senator Hester do I have a second. I have a second from Senator English during discussion on the motion. All those in favor the bill police say aye. I need to committee to hear hear the committee here on this vote at all those in favor of the bill please say aye. All opposed no. The bill fails. Thank you Mr chairman thank you you're welcome to try again Senator. Thank you Committee and help me as you recall I'm not hearing up here from those in front of me so I apologize for asking but I do need to be able to hear members this time and Senator Elliot I think you're still in the room margin Chief Justice you don't need to get have she's already been informatique up missed Ladyman representative Ladyman was actually hit over and we're gonna knock that bill out in so that we can take take up and move forward so Mr chairman if I heard correctly you said there was at least thirteen people signed up for senator Elliots bill yeah so would it would be fair to tell the people after her that it's going to be a long time maybe because yeah well number city in and what I want to do is C. were rat on if we had a chair here I want to read a representative Ladyman and then we are I was going to announce frankly we're not gonna be here to nine o'clock it's not fair to members you all worked very very hard all day and and we've got an early day so we'll we're going to redress that thank you Senator Hester represent Ladyman I think you've got a a bill achievement amendment to your bill yes thank you Mr chairman all right if you would state your name for the record Sir representative Jack Ladyman amount here yes you are You'll have realized the in Greenwood I know that's a little different. yes I do have an amendment to the bill representative Jack Ladyman district fifty nine. The Amendment does two things and and these this amendment was done in response to comments from secretary of state's office in the state board of election commissioners first thing that it does the original bill required a polling place in all small towns and second class cities. and the reason for that was I think some of the smaller towns with the voting centers are long ways from centers and and and some people don't go in the vote that was the reason for that but secretary of state's office asked that be removed because of cost not remove that the second thing that it does. It changes the requirement the original bill required. If a polling site was closed by the county commissioners you know unanimous vote of the county commissioners in that would have to be reviewed by the state. Commissioners election commissioners. And the state Election commissioners did not want to review every polling site that was closed so I changed that and added an appeal process so that the state Election commissioners would only have to look at those polling sites that had an appeal against them when they were closed so that's two things that the amendment does. I have a motion from senator garner to adopt the amendment second for Senator Tucker all those in favor say aye opposed no amendments adopted you're recognized for presentation on bills or. Some of those here. Okay the. and there's actually four sections of this bill I'll get the highlights here but. The the reason I brought this bill forward is I I was concerned about some of our rule towns and Basically a suppression of the vote out and rule Arkansas so I want to put a couple things in here that would help polling sites in a rule cities and and towns. So the first section. Currently a person cannot be a poll worker if they are married to a related within the second degree of constitutive us what this this bill changes that the bill changes that for polling places vote centers or geographic areas for a population of less than one thousand qualified electors are. In that instance a person is married to or related to a candidate is running for office if that person's unopposed could work as a poll worker. And the problem is we can't get poll workers in the small rural areas. So these people could work as poll workers if their relative is unopposed. Second thing it does which I've already mentioned in the amendment if a polling places closed by unanimous vote of the county commissioners then that that can be appealed to the state board of election commissioners. so they're cities that don't want their polling places closed so there would be a review of that. the other thing that it does it The poll workers would be required to verify if a person has requested an absentee ballot. By comparing that to the voter registration lists and a check that list at the boating center. When a person comes in. The purpose of that is if you get a absentee ballot and then you go to the poll to vote they would verify that you had that absentee ballot if you had request an absentee ballot that had not been returned. Then it you could fill out a provisional ballot so it tries to eliminate double voting. So that's basically what the bill does I'd be happy to take any questions all right representative Ladyman members you have any questions representative Ladyman on his bill. I don't see any questions Sir you get anything further on this we do have a couple people signed up to speak against the bill no I'm close I'm close review all right thank you Sir I have two people signed up on this bill Ryan foster you in the room. if anyone knows if he's not present we will strike him from the rest of the day here but curtain Allman. Okay so you're no longer against. Okay we're well then so we have really no one speak against your bill is presented themselves represented Ladyman so do you have anything further on the bill I'm close from a bill all right. Members what's your pleasure motion do pass as amended have a motion to pastor Senator English as a second from senator garner during discussion on the bill all those in favor of the bill please say aye All opposed bill passes thank you Sir thank you Mr chairman thank you Committee thank you. Senator Elliot are you here ma'am. Okay. I'd seen her with their Okay representative Lynch were you at Sir. Representative Lancia here yours is a non controversial bill. Let's don't speak too much about it. we're going to recognize you Sir for house bill seventeen twelve and if you would you state your name for the record he named Roger lance and state represent representative from district fourteen I'm here to present house bill seventeen twelve it has one line of code that we would like to add to the existing statute for the HVAC R. board and that is to allow them to promulgate rules to require up to a maximum of four hours eighteen education per year for certain licenses so they can. They can ask for four hours or they can. As for nine depending on the needs of the industry and the reason for this bill is to raisins one is is is supported by the manufacturers because it'll reduce forty calls. And the other reason is if reduces cost of the homeowners because the if you're Mistakes made by the technician through education so we would rather address the issues with with poor performance in the field with education rather than litigation and. So with that I'll. Okay close. All right members any questions for representative lance own House bills seventeen twelve. I don't see any questions Sir and I only see someone's put a signed up to speak for the bill I'm not sure that you need it but if they've driven and Mr hunter you here yes Sir. To the extent possible. All right all right stroke of grace today is the first one I've seen so thank. represent Lynch anything further. Non closed Mr chairman members what you pleasure motion do pass from Senator Bledsoe with second from Senator English all those in favor say aye All opposed no bill passes thank you representative Lynch. Thank you senator English for suggesting that I believe I have seen Senator Elliot come back yeah Senator Elliot will be pleased for you to come up percent Senate bill six seven four. And. In the interest of time efficiency do you mind if the two people who are two of the lead authors on reading this bill come to the table with me now they can help answer be happy for for that and and they can grab a chair shot is that Kwame I'm deal but ami chan and Jennifer Haygood yes right yeah. There are. Thank you. That's not fair Senator Elliot you brochure plucking young man. This. Well. Yeah that reminds me of some of our children guy. Senator Elliot you have a a bill with a lot of activity on it and so I just want to make a brief disclaimer here for the committee we've already talked about our time and so we're sitting here committee into it about six thirty officer representation bill which you have thirteen people signed up and that is what I would respectfully ask if there are people I know you're here unless you've driven a mighty long way to top that you might consider not a speaking today because okay it's time is an issue and so be smart about that I'm just yes if you can hear me yeah I what we were looking if they all took five minutes should be a little over an hour now and so what we'll do then senator is one here the bill be sure pull that close I could barely hear you there okay now elegance and take this off and we said everything that needs to be said you know right okay not repeat it Senator Elliot we we appreciate you know we had to move from last week it so this gives we got playing time here this without rush okay and then we'll be respectful and depending on how many people say they're here to speak then we may limit two to three minutes apiece on that but senator if you would just for the record a state your name and who you remember we've not who you represent within your gas if they can also go ahead and you'll all be recognized I'm Joyce Elliott state representative for a state senator from district thirty one. I'm Kwame Abdul bey coconvener of the Arkansas peace and justice memorial movement right. You're not. He loves it Sir I'm generally Hagood director of administrative services for a group called bridge the gap NWA. And co author of the all right is Senator by the way I was taking a vote for president when I was about four years old and they let me cast a ballot so if you don't mind won't you let the young mental mission. Lana del Rey thank you recognized. Not sure I was not some and and and for the record I don't think they counted my vote by the way the guy voted for loss would be so if we need him. You're recognized and this is chairman and committee I would just make my opening remarks if the pretty swiftly here up but when I was fifteen or so I began to be very cognizant of that divides in our state of course I knew before then but it really became clear to me when I was fifteen years old and I was I just always thought there had to be a better way and by the time I was seventeen years old and thinking about getting out of high school it was really fashionable for people to leave our state and in fact I I had forced three sisters who did and a brother who did and did come back before he was killed in a car accident he remained here. A but it is around so many things that divided us. And when I was getting ready to go to college I had one uncle in the family who had made well done very well and he I was according to him he probably told all my other sisters the same thing I was his favorite niece and but because I had good grades he said he wanted to. And just figure out a way to get me out of the south he lived in Michigan at the time and I don't have anywhere to go to college Bob is gonna do whatever I had to do to go to college so he or he found my weak spot and he offered me if I would just come to Michigan and go to college he paid me to go to any college I wanted to. I thought that was great except I knew by then I was going to remain in my state. And I was really sure my uncle was going to help me anyway because after all I was his favorite he meant what he said when I told him I was not coming to Michigan to go to college he said I will not give you are dying and he did not that's how serious he was and when I did go to college and figure out all the things I need to do to remain there and get an education. I wish I made the right decision. Until he offered to buy me a brand new car. And I'm seventeen and no car but the bottom line is I'm here today because of that fifteen year old girl who knew in the beginning there was something very wrong that could be better and the seventeen year old girl who knew for sure she would give up all of this good stuff my uncle was going to afford me and do the work in my own state to make change so this bill is called unify Arkansas. And that's exactly what we set out to do here because I'm so tired of are just talking about it and not having to wait to work on it and these two people sitting right here and others are who were here. I have worked diligently to help create this platform for you to consider for us to begin to figure out ways to come together and not be so divided that's what I want to say about the bill and I will turn it goes quantities comments will talk about what's in the bill and so will Jennifer's and if you have questions after that after that point I'll be happy to chime in with answers and so forth but I just want you to know what has gotten me here we've been working at this for quite some time it has been it is been a journey trying to get this on paper so thank you Mr chairman committee members all right. Hi. Thank you committee chairing committee vice chair and thank you for all of the committee members who are allowing us to speak this evening at four Senate bill six seventy four I also want to thank Senator Elliot in senator flowers who graciously sponsored the bill as well as the several other legislators that have co sponsored it and I also want to thank the thousands of our Kansans that have reached out to us via telephone email social media to express their support for Senate bill six seventy four. And we can't forget there were a day last Thursday there were a little over a dozen people here from Camden Elaine Faye Advil Harrison Jonesborough pine bluff Rogers in Russellville to speak in support of the bill but since it was moved they were a lot of them were able to show up as I stated I am Kwame of do obey I humbly come before you representing several different organizations and stations in life a due to the various hats that I wear every day but the most important ones at this time is as of one of the two co coconveners along with my wife Claire res of the Arkansas peace and justice Memorial movement and in addition to being one of the four regional co authors of SB six seventy four I am also a descendant of Lonnie Dixon a little rock teenager who was wrongfully convicted in nineteen twenty seven of murder with no physical evidence and was in a car hers confession and a trial that lasted less than thirty minutes leading to his execution just a couple of months later in the Arkansas electric chair on his seventeenth birthday. When I was seventeen I was a cadet at the United States Air Force Academy. And I sometimes wonder cool uncle Lonnie would have been had he been allowed to live. Maybe he too could have become the assistant Attorney General of the state of Arkansas like his nephew my uncle Robert Franklin Moore hit. This bill has been thoughtfully written and re written multiple times over the last three years with the goal of creating an official statewide mechanism to bring our Kansans together on a grand scale to begin the collective work of mutually changing our individual and shared hearts so that we as our Kansans can United under the umbrella of our common humanity. And to do this we are required to follow the ancient tradition of saying co full which shows us that the proper way to move forward begins with us first looking backwards that I'm bill is called the unified Arkansas Commission the goal is to shine a light on how the partiality of our differences has deep yet to be fully acknowledge history here in Arkansas. Doing this in the proper way will allow us to learn how the pervasive impartiality of our differences has divided our society into such identity groups as race sex gender age religion and political affiliation in ways that have not allowed all our Kansans to fully enjoy the promises enshrined within the preamble of the Arkansas constitution of eighteen seventy four. That preamble states we the people of the State of Arkansas grateful to almighty god for the privilege of choosing our own form of government for our civil and religious liberty and desiring to perpetuate its blessings and secure the same to ourselves and prosperity do ordain and establish this constitution. The unifier can suck Commission seeks to reconstitute that we the people of the State of Arkansas. So that we are all as the citizens and residents of this great land can fully share human to human the balance opportunities that this state has to offer through operation of the declaration of rights in that same constitution not only for us today but for the next seven generations tomorrow. We cannot logically move for without looking back to see how the partiality of our differences yesterday. Has destroyed our common humanity today and when we do this property we is our Kansans are able to fully acknowledge that one on September twenty second nineteen oh five in Conway free of brown was killed in the extrajudicial lynching as a public spectacle. Two one year later in Pulaski County Holmer G. Blackman suffered the same fate during the Argenta race riot of nineteen oh six three on August nineteenth nineteen twelve Montreuil Franklin in Russellville was yet another lynching victim. For almost exactly eleven years later in Union County a mob served as a at Brock's judge jury and executioner and lastly five just four months later the catcher rice right of nineteen twenty three wouldn't go parts of Crayford and Franklin counties. The study of history shows us that the **** studied jim crow this could jump pro regime in the United States to formulate and perfect their final solution to the their final solution to the Jewish question this plan was undeniably connected to the second World War. But today Germany has a lesson to teach America into each Arkansas for that matter today that nation as a society and through its enacted laws governing a top down approach practices saying co foot to ensure that its people and their prosperity never forget what happened so that such would never again be repeated. Senate bill six seventy four embraces this profile mindset in several ways referred to the creation of the unified Arkansas Commission with the encouragement of creating seventy five county level community remembrance projects second through the official statewide observance of the national day of racial healing the Elaine remembrance week and the national freedom day. Third through the establishment of an elective course in our public schools that will further mutual human understanding across cultures. Enforced through the opening of a pathway to the posthumous full exoneration of the one hundred and twenty two wrongfully convicted defendants of the Elaine race massacre of nineteen nineteen. Many. Many in the community many of the community healing aspects of this bill already being done in several counties throughout the collective work of several individuals in organizations such as all the people that are here in support of Senate bill six seventy four and the organizations that they represent and support. But what is being done is from a bottom up approach that is relatively on a small scale and a grassroots level. With this bill becoming law here in Arkansas we can demonstrate that we are Kansans have learned from the German experience a better way to honor the humanity of all of our citizens and residents impartially. We can do this by implementing a more expansive inclusive top down approach that will ensure that the preamble and declaration of rights in our state constitution are not just mere words written shortly after the Brooks Baxter war but rather they are Leah died design concepts that a knowledge the humanity of us all. This law would be the we in underneath our wings and give our efforts legitimacy because the state would now have skin in the game as our partner in this journey to the full realization of the humanity of all our Kansans so Mister chair Mister vice chair I humbly ask that you thoughtfully and actively listened to the testimonies of the witnesses that choose to come before you today some have traveled great distances and this is the second time in a week that they've done that. We together humbly ask this committee that you vote in favor of Senate bill six seventy four. with the unanimous vote so that we can show the world that Arkansas is on the right Pat and I before I before I can I just wanna let you guys know that we met with. US secretary Stacy Hurst yesterday in we met with her because she has some reservations we amended the bill it now she's one hundred percent in. Favor of the bill. Okay Senator Elliot I guess I'm an amendment to the bill so it always is gross okay I want to make sure that we didn't have something we needed to do now. Thank you thank you Sir for your comments and I guess do you wish for Michelle you'd okay thank you and I will be as brief as possible I know it's been a long day for you guys again my name is Jennifer Lee Hey good I am actually resident of Senator English is district in North Little Rock and I speak today is co author of SB six seventy four. I am not an expert in civil rights history nor can I list the many miscarriages of justice perpetrated against marginalized people in this state as my colleague has done. We have other speakers for this purpose I am very simply working to strengthen up hold my own family legacy by strengthening the bonds of people across this state and of holding those would feel forgotten by. It is my duty is the daughter of four generations of southern Baptist preachers and it is my duty of the granddaughter of colonel Willett a lefty Hawkins a patriot a lover of Arkansas and the gentleman responsible for creating the first fully integrated draft system in the United States. Lefty New as we know now that segregation was an injustice you have the ability to help and by principled thoughtful administration of the state agency he was tasked to oversee. He knew that to write carefully and ethically could not be refuted by any who claimed to have to have the best interests of others in their hearts. From his example I hold the firm belief that government exists to serve the best communal interests by the most efficient means available to the end of enriching all individuals under its scope. I believe that the scope of government should be only as large as the need for it support and I believe that the facts bear out in need for our support of this bill. Fact is our community led organizations disparate in origin in practice are struggling to keep up with the work of both educating young people about their value to the world and addressing the ceaseless trom of these young people experience as part of daily life. They are inundated by bad news and more info histories on a constant basis and they're casting all around for a sense that people governing them the people they are told they can grow up to be like if they just work hard enough hold their well being a righteous and worthwhile priority I think it is fair to say aye director of administrative services for a group called bridge the gap in WA and having worked through bridge the gap in WA with other community organizations across northwest Arkansas and beyond that I have some depth of understanding about the inefficiencies and pitfalls of what Mr Abdul bey of terms bottom up Administration. I think it is fair to say as an administrative professional with over a decade of experience but I have some depth of understanding of how to run an operation cheaply and efficiently. Fact is a community led organizations have done and continue to do everything they can to reach the marginalized people of this state where they are. But lack of centralized guidance inhibits the potential of social advocacy workers to meaningfully restore peace and prosperity to our marginalized communities. SB six seventy four endeavors to correct that lack. S. B. six seventy four gives this state a seat at the table several seats in fact to work with these community groups toward a more perfect union supplanting the current zeitgeist of us versus them. And to do so requires relatively little from our leadership. We have networking crafted this bill to avoid undue financial burden on the state while providing maximum benefit we have spent countless hours devoted to identifying the greatest most basic needs and promoting unity amongst our Kansans. And we have cut not without hesitance those aspects we could turn me remotely as desires. Cheap and effective remember is the goal of good administration. To account for past deficits of character requires only that we acknowledge and renounced them. To provide pardon me. To promote unity requires only that we make ourselves willing to listen and act with care. To provide a brighter future for at risk children in our public schools requires only that we as a whole recognize their place in the fabric of society that we encourage leadership by the example of otherwise on some figures who look like them and who experienced similar systemic hardships to theirs my grandfather through his work in the selective service system and other public service announcements and sent pardon me appointments in central Arkansas. Proved himself a great administrator his oldest daughter my own CBM Hawkins proved his leadership exemplary in her own administrative work having assisted in the passage of a compact of free association with the Republic of the Marshallese islands. By following in their shadow in Byron new devotion to greater unity for the citizens of Arkansas I expect that you will find the tenets of SB six seventy four administratively comprehensive and worthwhile it is my privilege to have been born from a family of greater Kansas. Privilege. I expect that there are a great many Arkansans in marginalized communities whose lineage boasts of leaders who paid the ultimate price for the audacity of similar devotion who paid so because they did not look like me and whose families will benefit reinvigorated dedication to the success of the whole community of this state through its acknowledgment of their intrinsic worth and dignity. It is my great privilege to work toward that goal. This is one privilege at least that we can all here today regardless of appearance or background share in common already we are unifying Arkansas. Let's continue to do so. Let's give the Senate floor an opportunity to promote healing and growth for this state. Let's do the administratively correct let alone morally righteous thing for our neighbors and shared community I voting do pass on SB six seventy four. Thank you Mr chair with all of the testimony you've heard I've just real quickly because I I would have the question so how do we do that what's in the bill how we do that if you look at page three it and that and that was in your right senator I heard you know testimonium passion and all that that's great that's what this is you know the who what when and where what's about to happen because I don't I yeah that's that's really the gist of it yeah that's right man and I do appreciate your testimony and I will say one thing so don't forget Senator Elliot I discussed our floor session ran long the last time and we we wanted people to be able to speak and so we met talking Senator Elliot she made a decision that we needed to wait so I apologize for that unfortunately we can't control sometimes so that's right thank you all right Senator Elliot Page three really lays out what the what the unified Arkansas Commission will do beginning with the we shall of the commission shall and the whole idea is one to promote that truth healing and transformation I don't to go through all of these things but when I said there needs there is no platform for us to figure out a way to move together and work together and create a better Arkansas for all of us so that's number one and all the things that are laid out there to take a look back by you first of sent a consent Fund it's this people will say sometimes let's just move on and forget about the past but we know all over the world where people have done this kind of healing you have to understand so you know how to heal and number two out that we will cooperate and assist with historic up and in erecting historical marker sent something that the Department harassed at which is already doing to help mark our history around the state and we can't just say let's do this. Work and we're going to go out to densify the historical markers without there being an umbrella to do so otherwise we're going to be just hit and miss doing this somebody's doing it here and somebody's doing it there is kind of like Jennifer said already there are folks out there doing good work but this state there's no umbrella from the state for us to try to do this work of unification and we think it is worth that a number three coordinate and facilitate the public distribution of scholarly research because we have entities and entities and historians in the state we can do so much of the research that we're going to do but we need to have some way to bring it together so that is it is a coherent body of work and for assist in development of programs and legislation so forth and this is all assist so that we can make sure whatever we're doing we're keeping it somewhere everybody knows what's happening everybody knows the source to go to to keep an understanding what I'm not we live along in a coherent way and five obtain and remain expertise concerning the incidents in sub of subdivision that that Kwame record talked about earlier that week I keep and remain I keep that in the end someplace in reports where people can also have access to them because this is not stuff that people generally know I'm going faster because I want to get this over with really quickly and then if you look at the and recognition of of the one hundredth anniversary of the line rate race massacre of this commission so shall seek to streamline of a way of making sure that the the folks who were victimized are exonerated all over one hundred and twenty two of them who were wrongfully convicted and so that's something that would be done posthumously obviously and when we do all the work we need to do then that report is. Is is sent to the Attorney General and they've got the date and all that all that in there as well in addition to this we we will work with the Department of heritage will work with the black history commission of the Arkansas archives Commission to make sure that we don't have all of the work that we need to do in these disparate places but House with the unified Arkansas Commission and whole and we are also engaging not just the state but our counties and municipalities as well as a part of this so that's the big just of what the bill does And I think I'll stop there Mister chair and see what questions people might have all right I'm going to a couple for me and then I'll turn it over to the to the Committee. Where's the money coming from. And is there an appropriation bill that you file that that deals with this commission now what we did I did not file an appropriation bill because we do not have this bill ready and so when I talked with the Department of heritage we talked about that because they want to be sure that they were not on you know on the hook for anybody so if we can get the bill passed when I said to the group is we would pursue an appropriation and the fiscal session because it made no sense to me to come to to a budget and ask for some money that way I ask for something that we had not completed yet do you have an estimate on. I'm sorry go ahead you and so when I'm just guess giving us a ballpark because if the bill passes then the next thing is the demand for the funds to to make it happen and and so that that's a quandary so I've I've gone through this being is you know this is a very detailed and and a very wide ranging mission it is part of this and so we're talking staff it cetera materials do you have any idea because I know there's no fiscal impact with the bill do you have any idea from anyone that what your estimate would be of what you would need to make it a reality. Well there are two things in there and the and the bill about up had to do with support because if we we want to be able to and we can you know through the department of heritage or the history Commission. We want to be sure we can get private funds and stuff would have to create that mac and mechanism and the only the amount that I know from talking to Secretary Hurst I don't think on this according what she said with the black history Commission who's going to be a part of working with us part of what we're going to be doing is working with other groups and that group gets about I think fifty thousand dollars a year and so I would look to something like that I cannot sit here and exactly say that's what is going to be and of course we will pursue a private funding as well and that's something that's but that's the best I can tell you at this point but we are not on the hook for getting the money to accomplish everything that's in the bill because we're not doing it alone we are we are the convening place more than anything else all right. Members have any questions Senator Garner you're recognized her thank you I know discuss the resolution ahead for delaying race massacre sent recognized that asking the governor to do a. Post pardon on that you have that in here the issue I think I have with that is the way this is written how the organization constitutional because we're requiring the commission to give a report to the Attorney General then he wouldn't give that to the governor and he will execute that report which I'm assuming would more likely required him to report and I think you run to a constitutional issue requiring the executive branch of the Attorney General and the governor to take an action like that do you disagree with that I I don't so I can't say that I disagree but we got no We got nothing to the contrary from that from the bill writers and so I. We work with the bill Ryerson on the as an attorney and other folks to work on the bill and that did not come up was coming into a question if one he has the power his attorneys or use it have the power to do those Martin's we need to change law look into doing that Moore V. does have the power can we compel him to do it which I do not think we do I move on my next question you mention this private funding for both the unified commission and also this will also be a phone which will go out to each committee within the counties. Do we have any mechanism control that private funding because that seems like could be a. Dangers intrusion if we allow non governmental funding to come from sources that would then be used to pay for different county committees and things like that to give you an imperfect example if I did a commission on gun safety through private funds in an already funded that I believe you be one the biggest opponents of the bill are you do you do disagree with that I don't disagree with that but we're not looking to be a private entity we're looking to be a public entity yes ma'am this point the public entity taking the private funding to then push out to the commission and to the counties that create their own little bit worrisome that this money can come from any source I don't see any restrictions within the bill the. And your question I'm sorry I I. Your question is yes ma'am do you have any concern with a private entities be able to find governmental activities directly in this way I well I I don't know that is an issue because we we have public private funding for for our activities all the time so because if if we're going to we have to create a mechanism for private entity to make the contribution to the public entity. And so it I public and is and it is going to be in a position where you you've got to use discernment and make sure you're not putting the public department or agency in any kind of jeopardy but this is not anything unusual about senator yes ma'am I just don't see mechanism now where you can create the following post say we sing this this this passes there's no mechanism to control where those private funds come time as the worst thank you well actually it would be because because you the anybody would have to apply to the if you're if you're private person you'd have to apply just like people do right now for a grant so it wouldn't be anything different or new okay the senator did did any of the commissions that that the current governmental commissions that are in place that you mentioned several times in the bill did any of them offer to work with you on making this a reality without creating a new commission with a new structure I like quantity of or Jennifer replied that because they work with. Of we we have met with at the MLK commission of the book of black history Commission and with the Secretary of Stacy hers up there is there is currently no existing mechanism that can do exactly what we're trying to do and one thing that Secretary hers was concerned about was Pelin staffing from her department that already has tasked to do other things to do something like this and that's why once we amended it to kind of take Kerr department out of of you know be in the quote unquote file gas that's when she said that she would give her approval in support of it because she does recognize that it will be something that has to be separate created separately created and it is a five night twelve year Commission up but it's but both she and it to shine Scarborough at the king Commission and Carla Coleman at the black it's a commission have all pledged their support for this commission all once it's set up to assist us. Okay. Members you have any questions for. Senator Elliot all. Yes and please help me I'm not sitting on my Tippy toes today here looking over the banister so Senator Davis did you have a question. I'll allow it thank you thank you and Senator Elliot I want to say to you that and because of the full scope of this bill and I am opposed to it but I want to clearly communicate to you to all the people here that drove across the state to can advocate and speak for and then do all the people watching another several watching this and following this bill very closely so I want to just clearly communicate that an I'm for looking for encouraging opportunities and for people to come together and have those hard conversations and to as your bill says courageously discuss treat healing and transformation and and I personally look for these opportunities in my own life with my four children and friends social situations and just to have hard conversations I think that they're good and so I want you know that I support the intent of what I know and believe that your goal is with this bill which is to create those opportunities to have those hard conversations an uncomfortable conversation so that and we can heal and I'm I'm just worried about the scale and of the bill and all that it requires and so and I just wanted to say that I'm I know what your goal is and and I support that and and I just wanted to clearly committee communicate that with all of you who showed up to speak for this. Thank you senator Davis any other questions before we move on to those speak for against. Seeing none senator do you have anything before we move to the speakers no my sister I'm ready for them so all right Comey testified you offer testimony with Senator Elliott and if you would make way for our speakers. you're recognized. Thank you I think Senator Elliott her to guess you know has had plenty time to discuss this I know there's a large amount of people what I would do is make a motion to limited beta three minutes per person with the cabbie out the sponsor may oppose the bill in its entirety please note all rent whether for an just a motion. That I have a motion to to limit debate to three minutes per Speaker I have a second. I have a second from Senator English all those in favor of limiting debate to three minutes per person say aye. All opposed no. that passes and so we will have three minutes per person I'm not sure if all of them are going to be here but if all of them are here at three minutes it's about forty minutes worth of testimony and we're at seven PM and so I just want to warn those of you that are here for bills that are much further down the list I am I don't try to be used anyone that is here to testify or on this committee many of these people have been up since the crack of dawn working and so I don't want to have anybody situation most of everyone here's not had suffer like the rest of you so if you're here on some bills and I can just tell you the bill following if we're able to get to that is going to be long as well so I'm I just we we may have to make a decision after we finish this bill about what we do going forward so I want to warn you of that Just yes. Dr Eric we will house in the in the last part of it I can't read is there Dr Eric Dr Eric you be recognized and and then we'll just keep going down the list. And each of you if you would I think you've all watched enough testimony please just state your name and who you represent for the record. I said state your name and who you represent the record Sir I'm Eric with the House problem and bring that real close I can't really hear you my name is Eric with House prime I'm an associate professor at the school of public affairs at the university of Arkansas at little rock I don't come here representing my institution but as someone who's studied for the past two decades how societies deal with histories of violence and repression so I'm gonna provide just quickly had a couple of minutes some national on his and global context for for this legislation. So in January of twenty twenty you governor Hutchinson proclaimed that if we all dedicate ourselves to the principles of truth racial healing and transformation we can bring about the necessary changes in thinking behavior that will propel this great state forward as a United unified force were racial biases we come a thing of the past in this this legislation is before you helps to answer this call and moves us in that direction so for over twenty years our study how countries as diverse as the US South Korea South Africa Tunisia in Chile among others addressed legacies of violence what I've found is that pretty much universal of governor Hutchinson sentiment of all across the world is brought acceptance that histories of violence and repression have to be acknowledged and addressed in that we we can't just let bygones be bygones so rather than futilely trying to bury the past research shows that of the communities need to address these troubled histories in order to alternately promote shielding and reconciliation. and what can to speak to what was said by earlier speakers why this state involvement is is so important conceptually is that off that many of these instances the state has been complicit in these crimes in the past having an official acknowledgment it is important for many. so the and this is what the the legislation does our biology suffering can be important for victims and for loved ones to gain a sense of closure more broadly the examining the past can help us develop a shared history that can promote empathy and sympathy for for those of us for individuals from other groups so dozens of other countries have created by bodies like this like the unifier Arkansas Commission of south Africans the most famous one I was widely credited with helping the country a move forward in a peaceful way its transition to all race democracy even in the US we have a long tradition of using these kinds of bodies in nineteen sixty seven President Johnson created the Kerner commission to look at a racial violence that happened that year nineteen eighties the US Congress created a commission to look at the treatment of Japanese Americans during World War two. The second circumvent at the state level This is currently over doesn't states are debating bodies similar to this including Florida North Carolina North Dakota Oklahoma and Pennsylvania so this has the opportunity to make Arkansas national leader I'm gonna comes resources this is important concern that senators have raised often in other places people have have contributed work pro bono thanks very much for your time well thank you and I appreciate you for being here for your testimony Sir. Members doctor Gallo Lancaster do I have a doctor guy Lancaster. Okay are you passing and do not want to speak sure. I'll give you your very. Okay all right Mr in Audrey Evans yes is it judge Andrea mentioned it yes may I have his three minutes because my speech at rates he dropped his history so I can tell. Okay all right so ma'am we're going to our speakers you heard the time so the time is three minutes per person so it and if you would please state your name and who you represent the record. Is there any place where I get to see the time as it passes it will start at three minutes of and she will give you thirty seconds I've I've asked staff to help everyone by I did the first one this is they will give you a thirty second warning and then you will hear buzzer at the end of that I'm sorry I wish we had a life for you. So I need you to go ahead and please state your name and who you represent get started. My name is Audrey Evans and I'm retired bankruptcy judge and I became interested in the lane massacre memorial because I was working to. Change the name of the courthouse in Helena to the check of tree stumps one thing led to another and I learned about the massacre and worked on the committee which was a statewide committee to build a memorial and during that period of time I had the experience that this commission would create during that period of time I got to meet people and find out about their losses all they want me to do was to listen and acknowledge their losses during that period of time. I heard about Scipio africanus Jones who is really one of the greatest lawyers in America. And so what I want to tell you is that were you to pass this bill. You would be creating a foundation for knowledge not just about a massacre. But you would also be creating the foundation for to teach a story about courage you would be ensuring that our citizens are going to learn not just about government killing but also about how this man Scipio africanus Jones went to the Supreme Court and close the mechanisms of our government to work. I'm here. Because I love the state. And I know we can't have a divided Arkansas. Division leads to weakness we can't have our country again all to one part it knowledge in massacres lynching brutalities. And another part simply ignoring the past and turning a blind eye to that which is both still true and still part of the fabric of our country. Only education communication and the intent to heal will bring us together when we build trust and understanding we build a strong Arkansas. And we build a strong America. This bill simply create a structure that will allow us to establish trust immunity. It puts the process of recognition in communication into motion. This is the second bill is the beginning of hearing a divide. I beg your vote for and if you wanna ask me about exoneration here doesn't come out of my third my three minutes. Yes. Questions. Seeing none thank you judge we appreciate you for being here. And and remember you still have the ability to send comments to members as you know. Yeah thank you for being here next on the list is Vicki hatter if you're here. And I want to mention on deck is Derek van Voest Maddie Booker. And then there will be some more but it who is here is that is a. Okay thank you hatter passes during van Voest. Are you here. There it land Los. I'm sorry. Okay. Yeah respect for these people we're trying to go in the name of the list so we'll have the staff if you give your name here will put you on the end of the list during man votes for you here Derek if you would come on Sir depreciate that. Yeah she's she's going to give her name to staff so that we get on the list at the end and so Mr Gramm boast you're recognized Sir I'm going to stick with the rules so that nobody says we're not going out order here. Sir if you do the same state your name he represent you're recognized is a center but Instagram both and CEO and founder of building bridges of northwest Arkansas is going to give a brief summary of forty years in three minutes I grew up in the queen Arkansas amended color and and the city that was the with minorities. But I had never seen a teacher of a different race had never a doctor or lawyer. He's officer anything a coach of anything of a different race I had no value as a person my life expectancy and my time was. Seventeen to twenty years I guess no but my family had ever passed the eighth grade so for me my time of expiration isn't as far as my mind set would go would be to buy a twenty years old. It wasn't until miss junior year that that white people seem to find value in me when I begin play football he got a scholarship to play football moving to favor in Arkansas. the University of Arkansas was the first time I've ever seen people of color to do things right so to my mind set out that I could ever be with the when I seen successfully streets form from was drug dealers and. Things are illegal I didn't get to do that but I do want to be an entertainer either but football allowed me to do something different my life took a different direction and take an opportunity get degree and changed my life it wasn't in my senior year because not ask me what you want to do with your life at that point in our lives further than I thought I would ever live and no one had ever known to graduate high school and I don't know so I went to college again he got a masters could I know what I was going to do and it wasn't until I received my master's degree and the professor a white man commitment in Canada. Taught me. About value of an amount of color you tell me about. Black history. When I was twenty seven years old in Arkansas. At that point I really begin to realize that I was valuable and there was things that I want to do right and now I'm going to be running for office in Springdale again. To show people of color okay this is very important that we have education our schools and this is my personal opinion why okay. People who broke the law. Putin follow the law. Without knowledge controlled us. I looked at the drug dealers and I hated please. I see now why that's so important today was a prime example thirty seconds that if we don't teach our students if we don't control the knowledge our students get at a young age. The idiots losers control children and their mind sets in their futures going forward my personal opinion I think we do it on the front end that we correct that at the bottom level thank you for your time. Thank sure any questions. Thank you for being here separate sheet that was a blessing thank you yeah. I'd love to hear more of your story sometime. Thank you a next on our list is Maddie Booker. And by the way I think ma'am we found your name on the list was already so we've got you got you down already ma'am. I would like for Alice you Charles Colin and Erin Clark please come here we're here we're we're losing some time for everyone and I want to be respectful and yell help us by a standing on deck so at Allison Erin Clark if you're here please make yourselves ready over there near the door and you're recognized miss Booker if you the state your name and who you represent hi my name is Maddie Booker and I represent the Malcolm projects from northwest Arkansas thank you guys for listening to me today yes. So as a past student of the Arkansas education system I am first hand proof of House sing an incomplete picture of history can shape a student in the wrong ways to be Frank my time as an Arkansas student was painful and this was in no small part to the history that I was taught in school black history is American history black people have contributed to American society from the beginning with the country being built on the unpaid labor of my ancestors to the present time with the avid consumption of our culture your music food clothes and slang yet when you open in Arkansas history book you don't see our rich history or the true extent of the pain we experienced I went to school for all twelve years in Arkansas and the information that I was taught was the same for all twelve years. I was taught that slavery ended in eighteen sixty five instead of continuing in our prison system I was taught that racism ended when the civil rights bill of nineteen sixty five was passed when I have scars on my body from my classmates that prove otherwise. People who have lived through the ages of the Tulsa mobs Juneteenth Senate cut the to ski experiments the Philadelphia bombings in the Elaine massacre are just now becoming aware of these atrocities in twenty twenty one because they were never taught them in school the Elaine massacre happened in Elaine Arkansas on September thirtieth nineteen nineteen black sharecroppers were tired of working for nothing and moved to take legal action a group of white men fired shots into their churches retaliation for wanting a quality and when shots were returned one of the white man was killed in response governor Charles growing in army of five hundred white soldiers slaughtered two hundred black residents two hundred is the number that they estimated but it is reported to be much higher Peiris historians because five white men died in the massacre one hundred and twenty two black people were wrongfully charged and to this day they have still not been exonerated the Elaine massacre created a domino effect within the Supreme Court that ended years of court justice against African Americans this massacre not only made a huge impact on African Americans but on American legal system as well it is outrageous to me then it Arkansas's history books slaves were beaten sexually assaulted Eaton had their hair and teeth and skin pulled off and used for clothes and accessories and they're now being called land workers I cannot imagine a good reason why the history books in Arkansas would call sleeves land workers a lot but not include the Elaine massacre that affects the very system we're using right now if historical accuracy is actually the goal in the well being of your students I'm asking you please pass the bill I wish I would have had something like that for me when I was in school. Many of thank you committee where did you go to school silo Springs Arkansas okay you see you graduated college now I am raising money to go back to college but I was in college for awhile yes you we appreciate your testimony today and thank you for being here thank you for listening all right Next is Alice you charge so cool one. I hope you can you can correct the pronunciation. and I would encourage everyone is really helpful committee with all these comments are great because limited time make sure if you can to include comments on why you actually for the bill about what the bill does that's really helpful to the members as they evaluate what they're doing so you're recognized ma'am you would just please state your name for the record if you represent anyone my name is Alice catches a calling and I am the founder of unity love creation in Springdale you're recognized thank. In nineteen sixty eight Dr Martin Luther king junior said America I ask you to be true to have been put on paper. Today I come to you and ask you legislative of this great state of Arkansas to be true to I have been put on paper. I want you to imagine being a child who yearns for knowledge. Only to find out that that great institution of knowledge refuses to give you the knowledge that you need to obtain your goals and your dreams. Imagine how it feels to be hold to be told that your history is not as important or valid. As the history of your classmates. And imagine how it feels to just wonder. Who you are. Provide to many students in the state of Arkansas this is a reality it's not something that we have to imagine. For twenty eight years I have called Arkansas my home. I graduated from spring to high school. Very fortunate to say that I received a great education from spring down. I will never denying the letter that I receive from some. But I also will never forget. The name calling in the comments that were made undoubtably to make me feel inferior. And to question my worth. Nor will I forget the fact that my teachers. I never did anything to make me see or feel that the statements were not true and that I was not what I was being told. That was not what I was being called. Twenty four years after I graduated from Central High School. My children I still going to spend a school district. And graduated from middle school district in nineteen ninety seven. And still today my kids are still going through the same things what are the same things. No knowledge of who they are. No knowledge of their history. I'm asking you all one simple question because we all know that knowledge thirty seconds is one thing that cannot be taken away from you. So I'm just asking. Why would we not want to. Give these children knowledge like real genuine knowledge when you know who you are you love who you are. I just don't understand I ask you all to pass that because those babies need to know who they are. Thank you. All right thank you Alice any questions. Seeing none thank you for your testimony ma'am. Aaron Clark. And I have three other people after Aaron Lisa Hicks Gilbert Ryan foster Julie McDonald if you will please be ready. Mr Clark if you would please state your name and who you represent the roster my name is Erin Clark I am a co author of SB six seven four also co founder bridged the gap NWA and co founder of the Malcolm project end up the way okay. My name is William Clark I am a resident of Rogers Arkansas I am one of the co operative SB six seven four. Many of the people speak today come with a higher degree of education than me I am working to rectify that ASA I am also working to prevent that condition and my sons and my children all over this and in children all over the state come from marginalized communities I'd like to speak to you about the educational aspects of as B. six seven four I understand the legislator has stated its brown versus board this session so I want to return your attention to Jean Jett Chief Justice one's opinion of the case we stated today education is perhaps the most important function of state and local government it is the very foundation of good citizenship today it is a principal instrument in the waking the child to cultural values in preparing him for later professional training and in helping him to adjust normally two was environment the supreme court's decision in brown versus board made us use what is called equity jurisdiction it is a powerful held solely by the Supreme Court of the United States with the purpose of providing decisions on general principles of fairness in situations where we get application of common law rules would bring about injustice on may thirty first nineteen fifty five the Supreme Court required that our courts and they're and they're by our school systems be guided by equitable principles characterized by a practical flexibility in shaping remedies and a facility for adjusting and reconciling public and private needs equitable not inclusive not sensitive equitable. S. B. six seven four six to establish an elective course in the I'm by a study of black Arkansas history and culture this would not be the first course of its kind by a long shot only the first four Arkansas secondary education courses like the one proposed in SB six seven four ACT are as old as the tragedy in the lane when offered to at risk youth in a secondary educational setting according to the Stanford graduate school of education center for education policy analysis participants ninth grade attendance increased by an average of twenty one percent their GPA increase by an average of one point four grade points and their average earned income credit I mean in the average earned credits increased by twenty three. We often place the responsibility for student engagement on extracurricular activities and and assume that Tomic family composition that by use this assess above all else unfortunately this is not the case for many children in our public schools and extracurricular activities often cost money they cannot afford to pay time they cannot afford to take off work for children like mine and for me the positive effects of exposure to ethnic studies relevant to their world view are already demonstrated by the Stanford and other contemporary studies and the positive long term impact on Arkansas by engaging young people with a recognized cultural propensity to entrepreneurship alone not to mention decrease in juvenile incarceration rates show us that passage of the cultural studies course proposed by SB six seven four is both morally and fiscally responsible Sir your your time just went off she said thirty seconds okay thank you would you got you got five for closing remark about that all right of I just closed out their opponents sign all right thank you for being here. I don't know what is the last be honest with you but no more no more outbursts from the crowd I've been very accommodating but we don't allow that here so if you have an outburst in the crowd for any reason you'll be asked to be removed Lisa Hicks Gilbert yes Sir you're recognized man if you state your name and who you represent Lisa Hicks Gilbert founder descendants of the land massacre of nineteen nineteen. Hey. Thank you Mr chairman and committee. Again my name is Li six Gilbert and I'm a native of the lane and the surrounding communities born in right. I'm also the founder of the Senate of the United mask of nineteen nineteen and I'm here before you today in support of Senate bill six seventy four that will establish the unified Arkansas Commission. By now you're well well aware of what Senate bill six seventy four will accomplish Arkansas pass but what I want you to hear from me today is what the exoneration of my ancestors would mean to the descendants. How on the anniversary Elaine massacre instead of just memorializing the lives lost we can honor their lives through truth education. Doing the Elaine remembrance week. And start a path toward reconciliation and healing that is a hundred years overdue. Thirteen years ago this month accidentally. Not to my education I accidentally stumbled across a book written about the line massacre. This was the first time in my life I've heard of it I never heard a whisper of the wind blowing up in snow lake rash dollar tennis school in the line and even while in school as a paralegal all of the cases that I studied here in Arkansas I never heard of said bill Jones defending my ancestors and one of the greatest cases in this country. That was part of my the lack of my Arkansas education. A couple weeks after learning about it I went on the line and asked my grandmother would raise me to confirm what I already knew of my spirit was true. That was the hardest trump card is experience outside of losing close family that ever happened to work hard because of the trauma because my grandmother to recount those stories it was also very difficult for both of us. But I finally got her to tell me the story she learned from family and from survivors of the massacre were close friends in the line for five years on my visits I would go home E. llena learn more and more stories and write them down. I know now it was healing for her but that didn't prevent her. from making me promise not to speak about the massacre thirty seconds and it should not happen to help she told me until after death my grandmother bring six left off in December of twenty nineteen at age ninety two I kept my promise to her for twelve years March of twenty twenty I found that the Senate's of the Elaine massacre of nineteen nineteen to give voice to the descendants and I'm not stopped talking since. Twelve years a holding it all in would do it for you thank you. Thank you ma'am appreciate your comments Senator Sturch a question. So this is a. I just looked up as a I need to know more about the Elaine massacre but there's a documentary on Amazon prime have you seen it yes factual need you your it is not all factual no it is not. But the documentaries and most of the documentaries are not what acted let me back up and say I'm not gonna say they're not factual they're not complete because you don't have stories of the survivors the only information you have a bill of survivors accounts which would be so beneficial to me and to many of the descendants and those of us went to school in the line and even in the state would have been learning about our ancestors and learning what happened and being able to communicate and X. share that experience with everyone so yeah. Thank you it'll be important for me as I walked later tonight thank you okay. Ms Gilbert and I appreciate you actually as young man before I was eighteen I work my father on construction projects in some of those construction problem projects to meet you lane Arkansas and I got to learn a little bit about that and I am aware of that and I appreciate your testimony here and it was that that's horrible staying in history in the country period and so I appreciate you being here and I would also ask that you contact office I'd like to follow up with you on something that we can do after session so thank you very much absolutely sure thank you timelines thank you Committee yes DO have run foster boards usually make Donald. I don't see Ryan I'm going to assume would call is name many times and he's not here so ms McDonald you're recognized. I'm sorry. Okay all right very well do we have anyone else's left that will speak for against this bill. Seeing none Senator Elliott are you still with us here all right. All right. And you're recognized for your closing I sure Mister chair I I want to thank all the folks who came here too because I didn't really know who I was going to be here thank everybody for common and for the testimony today good stuff but you know I the thing that I think is in our hands is to decide whether or not we want to begin this process or not and of course it's it's it's it's a big thing to do. And I don't know how you do this senator or without having something that is expensive but Arkansas is an expensive place our history is expensive but unknown so Unless we're going to continue to to just wring our hands that we need to come together we need to find a way to be unified we say that. But the only thing that's going to make that means something is forced to do something about it and this is a platform that we have put before you to do something about it I'm not deterred by difficult issues I'm not deterred by the hard work of doing what we need to do I ask you not to be either let's let's hold hands do it together say through the state we want to lead we can be better and here's a way to get started so I ask for a good vote thank you Mr chairman and committee. All right and Senators you and I've talked about this I voted with you and Legislative Council that was a lot easier bill is usually the council and then the largesse of what is your create you know that but I definitely regardless of the outcome of the bill like to follow up with you because there are things we can do definitely but again you know list them there's some questions here on this bill structurally just. That are there unanswered and so I just wanna let you know you know my feelings on it and I think we should follow up because I think there's a lot of things that we can definitely do it so I do appreciate your time of the efforts put in everybody's been here today and I could go on and on about that but you know my feelings so members or any questions you have before we take the bill up. You want your do that on a yes I'll be happy to entertain the comment it rather than discussion on the bill so we had this very briefly we have so much work in this country and in this state to do on on racial reconciliation and healing and and all of that work is hard and I just want to thank senator Elliots for being someone who has always done that work and how how grateful I am for your work Senator and also just wanted to take a moment to thank the people who came to testify because it took a lot of courage for them to do what they've done here today and all of their testimony was informed and brave and I'm personally very grateful for gin I now have a motion the proper time Mr okay members anyone else before the committee. Takes action Senator your closed. All right what's the pleasure of the Committee. I have a motion to pass from Senator Tucker I have a second. Do not have a second senator sorry. Thank you for being here today you have an opportunity obviously to talk to members and we have some time left. All right members I think the next on your list is Senator Stubblefield bill. Yeah. Senator Stubblefield you here and at this point we are almost twenty minutes to eight I've been advised that Senate bill a House bill. nineteen sixteen is not going to run if you're here for house bill nineteen sixteen I'm told the that bill is not going to be run today. and I will also I'm just going to make a call here on on the chair depending on who were rattled Mr Stubblefield I'm not going to put this committee here past A. Clark we're we're we've worked really hard today so we'll see where Mr Stubblefield Bill Gates but I will tell any member that steer waiting if you're waiting and we get to eight o'clock you might as well go home because I'm not going to drag the committee through that. Just from tax I know there's a couple members that have well right my bill is the is the Senate bill as noncontroversial so I don't know just from my standpoint if it's going to make it out of the system it's got to get going so I don't know if it's possible to to select some of those we we we can track here but I'm just trying to be respectful of you all to Senator Ballenger and so anything that's a crisis issue you course I'd say that you get everybody say it's crisis issue but we'll do our best as a matter of fact staff I want to go ahead and ask you since we've paid taking a pause is that the House resolution on the omit constitutional amendment I need to get you to find where that is I've been asked if we could run it in our committee but I did not see it on our agenda and I'm not sure about the referred to if you can be looking that up for me and Senator Stubblefield you're recognized Sir for Senate bill two forty two thank you Mr Jallow I'm sorry Senator I was just gonna say real quick I've got a Senate bill also just piggybacking on what Senator Ballinger said I said to us that will will take a minute let's get him okay we'll talk about our Senate bill two forty two just state your name for the record Sir Gary Stubblefield state centre District six and I will I certainly sympathize with the do this as quickly as possible Mr chairman and committee if I could bring Mr Headin up with me. To answer a few questions okay allow our. Committee. Mr chairman Senate bill two forty two is really a continuation of of one the largest re organizations in the Arkansas state govern government is mostly where with the passage of act nineteen of two thousand nineteen that was the transformation efficiencies Act passing and prior to that is all you know the Arkansas tied forty two cabinets and we reduce those to fifteen and one of those cabinets was the arcs of the Arkansas department of public safety of the creation of the Arkansas department of public safety brought about a lot of law enforcement Emergency Management Agency together under one organization let me just say this before we go any further there's fifty states of the fifty states only to still have the cap to put their capital police under a non law enforcement agency of the secretary of state the other forty eight have their capital police either under the department of public safety or an equivalent agency such as the state police Arkansas and Illinois is are the only two states left that still have their cap to please under secretary of state. Of the agencies or transferred to the department of public safety where the Arkansas state police Arkansas Department of Emergency Management crime information center the Arkansas crown led the Arkansas law enforcement training academy the career education law enforcement support office victims of crime assistance crime victims reparations Board prosecuting coordinator's office in the fire services commission the merging of all these law enforcement emergency management agencies created a more efficient modern way of providing a premier law enforcement and emergency management related services to the citizens of the state all along with the with the numbers others believe that there was one critical law enforcement agency that was left out of the transformation and the efficiencies Act of two thousand nineteen I think it's time to continue enhancing the ability of the mission. That we start in that is a moving the capitol police. To the department of public safety the capped a place that responsibility is most you know providing safety security measures that we see every day as we near the capitol in the Capitol grounds. We believe the merging of the cap placed into department of public safety will allow the secretary state focus on his primary role as chief elections officers of the state will allow the cap to place to work under an agency solely dedicated to providing. Law enforcement and emergency management functions to the state capitol police have relied heavily on the division of state police during the last couple years in performing its function the assistance of the division of state police has been essential but many times it's capital places a to continue providing the safety and security of this facility transferring the cap to please to department of public safety will ensure more modern and efficient method in addressing the ever changing security and law enforcement issues of services at state capitol building in the State Capitol grounds it will also open up a vast resource that only an agency like the department of public safety has with its primary mission of law enforcement and emergency management services the services are these resources are not always monitor so some of them are manpower law enforcement related support intelligence investigative ability specialized units training equipment coordination of the state law enforcement functions merger will only strengthen cap to place but providing more services and resources but also eliminate duplicate services Arkansas Code twelve eight one await requires that the division of the state police to provide for the security of the governor the lieutenant governor the governor's mansion the grounds in the State Capitol Building in the State Capitol grounds right now the cap to police and the Division of the state police are basically performing the same function here at the state capitol building Senate bill forty two will eliminate that do provide service being done at this time and will bring the two agencies together to provide the necessary safety security for this facility and efficient manner. As we waited for the capped place no the law enforcement agencies are now being called to address. Some situations than only a few years ago were inconceivable. Are capped to place of stepped up and dressed every issue in the situation is calm as best they can but is issues as a society have become more complicated. So has the workload for this department more more time resources and assistance have been needed from outside agencies and mainly from the division of state police this trend is expected to continue to be the case time is right to continue what we started in two thousand nineteen for the cap to police become part of the Arkansas department of public safety this consolidation will benefit our state providing a dedicated police and security service to the capital with an agency that is solely focused on providing law enforcement and emergency management services to our state. It will eliminate do put duplication by agency services provide necessary resources and it will provide an increased ability an immediate access to state resources the current capital please do not have as a result of more efficient coordinator service will be provided to protect the Arkansas state capitol and the State Capitol grounds. With that Mr chairman all right center. Do you have any comments that you want. Chief and to speak to. At a desk use state your name and who you represent the record Sir Mr chairman thank you my name is Cheryl had and I'm on a retired of former state capitol police officer the twenty eight years with the agency last seventeen as chief of police in light of time I would concur with everything that Senator Stubblefield said I will tell you this that I work for five secretary of state's starting with secretary bill McEwan all the way up to secretary of state John Thurston. the last seventeen years was as chief of police and as we've all seen our our world is changing and is becoming ever more dangerous. and it's a challenge to protect a facility like this along with the senators representatives of the people that work here along with the public. this is a trend that's been going on across the country. it's it's been going on throughout the nation United States capitol police merger the barber Congress in two thousand nine new York's of state police a merger the capital New York Kappa place in nineteen ninety seven the state losing an emergency capital police with losing apartment public safety in two thousand ten Oklahoma done it what or how we control their captive pollution two thousand fourteen Texas nineteen ninety one Texas part of public safety March the state Texas capital police department together along with the states in Missouri Kansas Tennessee Mississippi they're all under department public safety is now this is the third time that legislation like this has come before in the Arkansas legislature it better it came up the first time in nineteen ninety nine former representative Sander Rogers brought it forth then former colleague of you all's senator dean Elliott products same simmer legislation in two thousand one and you know what happened in two thousand one and I don't know why those things in hand but I've been supported of it. Every time has come about. And I think. F. after working for five different signatures state this agency. I will always be limited. It can grow and grow and grow. But with the with the organization back in nineteen ninety two thousand nineteen. With the passage of that consolidation act that created Arkansas Department pose safety pulled all those law enforcement resources together. And bile Act right now. The Arkansas department. A public safety division of state police option it says shall provide security for this building that current law right now. And as you see today. Working in the Senate you have stake out a place orders and you have state police officers here. And that is a great thing to have but they have two administrations. Two communications to policies and procedures. And the coordination is not there that would be there if it was a department of public safety. I think this would enhance the safety and security of this facility. The people that work here elected officials a servir. I think it will provide him a vast amount of resources. That Mr Thurston no matter how hard he tries cannot provide you can't buy the. The investigative ability to specialize units the training the invent of the intelligence operations the department public safety can and he's going to get it all his effort. The Secretary of State comes and goes an apartment public safety will be there for the citizens of the state for many many many many years ago in the future. And I ask your support this bill for the future and for the protection of this facility and for the people that serve here. In. Thank you Sir members there any questions for Senator Stubblefield. On the bill. Any questions for she had. I don't see any questions I have it you were on the on the list for to speak for the bill I don't have anyone listed to speak for or against the bill is there anyone in the audience that would wish to speak for or against this bill before. Okay sure sign. You're not on it but I asked as I said I asked is if you would like to be happy for you to come. Yep so yep senator anything further before they speak. I would just like to add that the governor's neutral on this he helped just put some of this together so today Jamie cook they are neutral they helped put a law this together Is for is a the funding that we need to be transferred four positions in operations and of all that's been taken care of so they are both neutral on the bill okay all right thank you both for your testimony you be allowed to close the bill senator Secretary Thurston and Mr naman. We'll go ahead and have you both together because I'm sure you're speaking in unison. And if you would just state your name and who both represent for the record and you are recognized thank you John Thurston secretary of state. Nauman legislative liaison secretary of state right you're recognized thank you thank you committee for all you do I know it's been a long day I want to make this comment before going to my my notes that the governor's neutral. I don't know how you remain neutral for the acquisition of the business I've never seen that done. So I'm secure is by that statement. Could you state that the incident Dr general someone went out I've never seen someone are during the acquisition of a business. The remain neutral. That is a pretty major undertaking to acquire something of this magnitude. And and remain neutral so I've spoken in I have never spoken in committee. In over ten years Against any proposed legislation however I'm here today to speak in opposition to Senate bill two four two. Which the transfer the state capitol police from the secretary of state's office and place it under the governor. For the record I have not been consulted on this bill. I believe that the current business model works well and to this day I have not been told what is broken. As a general rule and in. As a general rule an entity that is responsible for the building. And it's activities is responsible for the building security. In addition we have several organizations here in Arkansas that do not report to the department of public safety. Highway police report of the commissioners UALR police report to the board of trustees UAMS please report to the U. of a system Arkansas game and fish report to the Arkansas game and fish commission. The capitol police is a unique public facility or I'm sorry the state capital's unique public facility. That is open to all members of the public on any given day present our committee state constitutional officers members of the General Assembly police have our policy advocates school groups tourist administrative staff and service providers a priority of my administration has been and to enhance the security and safety of the state capitol building and grounds a core function of the secretary of state's office we have been proactive in making the necessary changes to meet the challenges of today and tomorrow. I was particularly proud of the professionalism and dedication of the state capitol police during last year's protest ACT FOR six eight of nineteen eighty nine I created the capital state capitol police and placed it under the authority of the secretary of state being under the secretary of state's office allows for unified coordination of police response with our capital facilities information technology and public relations staff involving all events protest in activities in and around the state capitol. Specific coordination includes I know it's been a long day C. O. bear with me as a. Only up to other pages I'll be fast events event scheduling is set up inter departmental communication and intelligence gathering to identify potential conflict situations and the ability to proactively disputes between potential violent situations facilities timely event preparation including the installation of barriers blockades and area closures facilities personnel assist officers by providing materials supplies and transportation capital facility staff has an intimate knowledge of the strengths and the vulnerabilities of the capitol building and grounds that make them able invaluable security stakeholders especially when coordinating with intelligence with local. State and federal offices in regards to risk assessments and all those protocols are in place in those communication. The communication chain is is working well because between those other agencies public relations staff photographers can gather intelligence through the use of drones to allow to enhance monitoring and situations when other police staff are providing security in other areas This allows for for proactive deployment of manpower and resource expressly and highly critical situations information technology security cameras are installed maintained and monitored by the capital facilities and IT staff in coordination with the state capitol police all servers software wiring in remote wireless communication of all cameras and integrated wireless networks are a function of these departments door locks insurance and access badges are all responsibilities of capitol police with support from the capital facilities and IT department the secretary of state's office works closely with building tenants. To ensure the proper sick proper security clearance is obtained to ensure control access by authorized personnel we work closely with legislature building tenet stakeholders to augment building and grounds security there additional personnel and technological enhancements for example in July August the A. L. C. personal committee peer approved ten new officers to the capitol police during my administration server security enhancements and improvements have been made undertaking for foremost among these are the personnel and I'm gonna I'm gonna try to speed this up I apologize personnel in addition to hiring the additional ten offer state capitol police have augmented and specialized duty areas of officers including intelligence gathering statistical information property management. Internal investigations training policies and procedures staff have been assigned to implement a tactical unit incorporates officers for each shift which will receive advanced training and specialized weapons and ground control training and certification in areas such as weapons usage your response these are all things that have been have been take have taken place intelligence gathering crowd control active shooter response. Materials all have been a transition to nine millimeter weapons procurement of a are fifteens and write your upgrade evidence retention. A purchase of Polaris off road vehicles to patrol and respond off road incidents and patrol the Capitol grounds polishing procedures comprehensive upgrade of policies some of which are almost ten years old examples include use of force operation of department of vehicles intelligence gathering training proper up property and equipment usage maintenance and storage building security use of drone security gates within the total protective window fail and monitoring telecommunications. Networking unified command working collaboratively collaboratively with the entrance jurisdictional stakeholders including Little Rock PD North Little Rock PD Arkansas state police Pulaski County sheriff's office FBI and homeland security. During the next few years and I'm wrapping up. We are in the process to make preparations to be. Accredited police department with. The commission on it on accreditation for law enforcement agencies. This is this accreditation was established in nineteen seventy nine to provide public safety agencies and the opportunity to to voluntarily meet the established set my professional standards which require comprehensive in uniform written directives and so forth and I want to cut that short. Long and short of it there are very few laws forfeits Forsman agencies in the state that are credited at that level state police is such an integral part of our cap capital state police is such an integral part of our operation due to the various stakeholders and activities the need for fluidity that's the key word in all of this. I rambled on. But the the need for fluidity on this on this property in these grounds. Is vital. We are taking we're talking about significant disruption with no equal or additional benefit these grounds in this facility is an infrastructure that flows together it is inter twined and we're talking about detain going in in in infrastructure with no Equal or additional benefits so I'd like to thank the committee for allowing me to speak and encourage you to vote no on Senate bill two forty. All right thank you Mr secretary anything further before we take questions. Mr chairman I make three quick points based on the testimony of Senator Stubblefield and Mr Hadden. You're recognized thank you so much we I take exception to the discussion that this is a transformation bill this is simply moving one entity under another one the questions that we had after reading the statue of all the entities that were under the department of public safety is basically there are constitutional agencies that are not under Arkansas state police that were mentioned by Mr secretary which would be game in fishing department of transportation also there are no universities or colleges that are under Arkansas state police that this was truly transformative it would have all those other entities and not just or entity alone a second I'd also take exception to the fact that capitol police is almost adjunct to what secretary of state's office does as secretary did explain it is an integral part of the secretary of state's office we know every inch of this building or capital facilities are I. T. communications departments or events coordinators work very closely with capitol police to provide you the members and the public with the added security. And then finally we have worked very collaboratively with all of the other entities that are involved including the aforementioned Arkansas state police and were supportive of the act that was passed by this legislature ACT one eighty six of the command and control to ensure that we coordinate all activities of the capital and that we were collaborative a collaborative truly the in good times and in that and that's all my comments thank you all right members do you have any questions for Secretary Thurston. Saying no questions. We appreciate your time for being here thank you thank you. Senator Stubblefield you be recognized Sir for closing on your bill. I do wanna say before you get started just a so I don't forget it's getting late but regardless of opinions on this particular bill I know that I think I can speak for all of us that we absolutely appreciate every single officer of the capitol police and what you do you're not you're not overlooked or taken for granted and and I include Chief Iddon when you were here you were nothing but a gentleman to me and I appreciate everything that you do so I want to make that statement because I think most of us agree we appreciate your service Senate bill we're we're ready for your closer thank you Mr chairman and I let me just add to that not to after being here eleven years and become very close to the capped a police and I've watched them as they work tirelessly to keep this capital state keep us safe I become very close to almost to all of them and I know and I appreciate them more than they'll ever know but let me just tell you I text the governor's office and I take Jimmy cook what was said here they both are neutral on this bill they both stated they are neutral on this bill and as for us having any conversations prior to this this bill's been filed for three weeks. Secretary Thurston along with his deputy chief of staff myself and Senator Hickey have met numerous times to discuss is before now so this is not the first time. This is a. This is a good bill it's what it's what forty eight states of the country have done that they were not allow access to the last few years. Arkansas and Illinois as of the only two left. Still have the the chapter please under non law enforcement agency the secretary state and with that with the election process that we have in this country heading in the direction that many of us know what is heading in I believe the secretary state needs all the time he can to focus his attention on our election process not to take anything away from you he's done a good job and I appreciate secretary Thurston this is I just believe this is the right thing to do for the security of the capital capital ground to governor's mansion and all the other entities that kept police involvement I would appreciate a good vote Senator Stubblefield thank you what's the pleasure of the Committee. I have a motion do pass from senator garner is their second. Shino second senator motion fails for lack of second obviously you'd like to have a little bit of time left Senator Stubblefield so. You're welcome to try again if you lack of all right members you're welcome members were eight oh five we do have a couple members that it remained here look gas. I'm used to working all night if I have to but I don't try to put other people through that so I'm going to just let you kind of tell me I do not absolutely want to keep you we're way past time with all work on the twelve R. should day for sure so I'm I'm just going to say we're going to take non controversial bills we're not going to go bills that are controversial because people are not here so Senator hammer away. But. Okay that's that be grates that were. So the deal is if you've got something not loses cherry pick out what you like to bring if it's non controversial K. is that fair. The one thing I would recommend is that we focus on Senate bills or have no I agree with that an instant we all understand that so so tell you what I literally I I don't want to keep set late you have to understand at least for me I forget for this drive of any of you so Mister I do have I'm not one of the girls and get in bed Mr garner said so. Are you really we'll see then you've got you've got a heck of a drive Senator Tucker thank you Mr I do have a Senate bill I wanna run I don't think I'll take a lot of time I am going to to state and we need to I've been contacted with the Senate pro tem in the first action I want to take for will move on anything else is that the house joint resolution on their constitutional amendment did not get placed on our agenda and so would like to take a motion and a second to allow house joint resolution and do you suspend the rules and trying to you have any copy of that at all or can we just refer to it on our screens members this obviously is the agreed. We can suspend the rules and take up the bill yes. Our. No we don't we haven't had it she just stated we haven't had any heart bills. Okay so no problem taking it up. Okay. All right LOL Senator Ballinger I'm told there's not a problem as long as it's okay with you all it's up to you to suspend the rules take it up and so Senator Hester why don't you be the one to speak on behalf of of the resolution if you've got that in front of you members we do have it available on our screens and so if you would. We're about to hand let me give me the give me the proper. For today share what. H. J. R. one thousand and five. Members this if you pull this up obviously lead sponsor on this isn't representative ray and Senator Hester is the the only other in here so. members I need a motion and second to suspend the rules for consideration I have a motion Senator Hester second from senator garner to suspend the rules for hearing of H. G. R. one thousand five all in favor say aye opposed no Senator Hester you're recognized for presentation of HR one thousand five. All right Thank you senator members the the the crux of this bill is that moving forward if they should pass the voter should select should vote and pass this that anything in the future would require sixty percent threshold to add our constitution for a constitutional amendment and that's if it's referred or if it's a ballot initiative and I can explain a lot of reasons for that we have reasons in our in our rules why something's take two thirds and some things are half I think most of us have not all would agree that changing our constitution should take a different threshold importance I'm happy to answer any questions. All right members any questions on the on the bill. Seeing no questions Senator your clothes for HR one thousand five I'm close The motion to past motion do pass from Senator Hester second from Senator Ballinger all those in favor say aye All opposed no on the bill passes will move to the floor and I'll discuss with the the protein about the action at this point but we got that that far and Senator Davis I think you're really ready for years tomorrow right okay we'll take that up members anybody wanna try to run one before we do it we're going to get here senator Hammer I think solicits. You will go and how to handle him. Yes Sir. Got to. Well looks Senator Hammer come on over here and then with the committee will go as long as we care as a committee. Senator Hammer I know you've already mentioned the year deferring at least one bill so I'm recognized me I believe for six ninety one or forty five I don't think forty five would be appropriate even though I'd love to run it I don't think I'd be appropriate because I don't think anybody's from the. Association LA here okay so you're not all do but on which which which ones would you like to take up Sir there's there's actually two that I think for non controversial six ninety one is mine and the other one was representative Becky left but Tom I'd run it but your call all right well let's take up those two then trust your roof will deal with six ninety one first six nine one three simple if you a elected official we've covered some of this primarily this gonna plug constitutional officers and any elected official that. Here's in a political or in an act and not political necessarily not even political but appears add that utilizes state taxpayer dollars that they have to put the state on their paid for by taxpayer dollars it's just a good I think it's good policy that if elected officials are going to be showing up in an ad that is paid for by taxpayer dollars that statement I'll be on there and that's the meat of the bill. Members you have any questions on that. In the center help me a little bit now on this bill the your. Is Your examples of what you're talking about. Or is there what is your examples of what you're talking about I could but I might put some people in some awkward positions but I mean. It is so state that one more time for me then because I I'm looking for the bill I don't know if it's got lost my my list here show. say for example a constitutional officer peers in the ad that is even promoting what they do in their constitutional office I think it is just good policy that is to declare into of put forth good faith to the public that they know that that ad is being funded through some source of taxpayer dollars through the budgeting process I have seen where even at the county level some people of appeared in some ads that it was questionable as to what was the source that was funding that ad and I think that if it if if a elected official is appearing in the ad that is that has taxpayer dollars that is providing for that that that should be part of the disclaimer that is on that if it's not taxpayer dollars for example like I recently appeared in an ad that what's for the boys and girls club would apply to that because there weren't any taxpayer dollars that we're funding that but if you're constitutional officer if we picked that up. Okay. This implies thank you city any elected official at any level correct to believe that's where the bill is written because I don't know anybody needs to be excluded from that expectation all right okay thank you I did find the bill. Any questions for. No further questions Senator you have anything else no Sir I think it's personal for explanatory I'd appreciate a good vote all right anyone here to speak for against I don't see anyone to have a motion motion to pass from senator Bledsoe second from Senator Hester roles favor say aye opposed no. Committee help me online as little bit since we're still going here what's that. Oh okay we'll help help on here it out there the Bill pass is or thank you senator. Thank you senator and now you've got the house bill house bill eighteen sixty six produce street for. K. you're recognized presentation of house bill eighteen sixty six I think you're right a representative back is running this don't have my name on it but he talked me about just for the sake of time I should've put the name on it but I'll run it for you and basically what this bill says is that if there are any funds they're given toward helping offset the expense of an election that the money cannot be given to the board of election commissioners that it actually has to go to the sources that are identified it's intended to be a firewall so there are funds that are given grants gifts that are received that they would be given to the four entities that are listed on the bill and the example the representative back gave to me and this was you know this was not a of. It was not a negative thing or a bad thing it just you got to research and realizing this he had one of are yet he was approached by County Board election official that said somebody wanted to give money and they were wanting to give it to the elected board commission and so this person approach represent backs that I don't know and realize that it could be and just think it's good policy that if there funds are going to be given to help offset the cost of the election that it should be directed to the government entities that are listed on here instead of going to an election board so it's just a good firewall good policy to make sure that that goes to government entity that can be you know accounted for. Members have any questions. Seeing no questions you close a close thanks for Minnesota was pleasure committee. Motion to pass from Senator Hester and second from senator Bledsoe all those in favor say aye opposed no bill passed thank you senator and Mr members committee all right of members at this point let you speak up we're going to fifteen minutes worth and then we're done so what will who wants to be first Senator Ballinger sh I thank. All right senate bill four sixty. Four sixty four sixty. It is a basically what you will wear yet rather. I don't know what's on the agenda yes I think it is it's at the bottom that are set. all right. So it basically takes and Connor you're recognized for for sixty thank you it takes and codifies the the rules for private investigator and one thing it did is last year we dealt with the dealt with the rules when we as a last whatever that was we don't with the rules and there are some rules some things that they were doing and rules that were inconsistent with with actually the code sections of this provides some clarity and that those of the work with state police and a bill bondsman who's also a private investigator that's a school to put this together so I'm I'm happy to answer any questions. Should be anything controversial no opposition. All right no no no opposition no all right members do you have any questions for Senator Ballinger on this bill. Seeing no questions pleasure committee I make a motion to pass I have a motion to pass by Senator Ballinger second president Tucker on Senate bill four sixty All those of favour say aye aye aye opposed no bill passes thank you Senator Ballenger Senator Tucker do you have a non controversial bill. I won't ever make that claim I don't think I'll take much time Mr. What the bill is it Sir seventy one. Are you sure this was not controversial. I didn't say it was not Carter's I said I don't think it will take much time. The bill is this is a huge bill. I'm not had time to read the bill myself they just got added today late yesterday so what's. Is it is it is this is a prizes is going to get is problems like the last one no Sir I in fact I visit with us I should say what out of his with you Mister chair but I visited with several members of the committee it's you know something that I've worked on for a while for a while and I was incorporating some suggestions that were brought to me by folks like former representative Doug House another's about another piece of legislation that had and really incorporate them into this one. Okay members all it. Okay well. I wish you would talk to me as well of course not were chirping Mr. If you if you were if you want to run it but I need you to explain it yes Sir you get an amendment you also have an amendment to it I do. All right. Well if you win everybody over I guess at your business so so so we'll we'll listen to it and it'll be up to up to them and not let it be their fault about that. All right Senator Tucker you're recognized for presentation Senate bill seven oh one and you have an amendment thank you Mr chairman the member it is long but it really mostly not entirely is clarifying the same thing around language related to designated bears authorized agents or administrators who deliver absentee ballots I just to make sure. Really I make I'm ensuring that the language in Senate bill seven oh one is consistent with the bill that has already been passed on to by representative Lowery house bill seventeen fifteen regarding designated bears I'm just making sure that's fully implemented in Senate bill seven oh one. All right members. What's your pleasure only amendment. Motion to adopt from Senator Ballinger second from Senator Hester roles favor say aye opposed no. Amendments adopted and you're recognized for presentation of your bill. Thank you Mr chair the Bill. The second section to and I'll be as as soon as I can be but I want to make sure ACT X. explaining for your benefit to Mister chair section two of the bill just deals with an absentee ballot application being effective for one year under current law for some voters it's a default that the absentee ballot application is is valid for one year for some people that cause problems because they request an absentee ballot in March for the primary without knowing that the absentee ballot would also be applicable for the general election in the fall and they either received a ballot in the fall without understanding why or should it to the polls to vote in person were turned away because they had already requested an absentee ballot without understanding why and with this section does is it it still allows for the application period to be one year it just is a box for the for the voter checks so that they're aware of that and not taken by surprise later. Section three of the bill. Has to do with simplifying the absentee ballot application. Because right now there's a lot of frankly complicated legalese language on the absentee ballot application and this is requesting that secretary state makes process uniform include language that's easily understood by the typical registered voter. The next section of the bill. Section five I may have missed this section but but the next section really deals with also uniformity with voter statements I wish right now in the in the state for every county can have their own voter statement and and that's going to provide for uniform voter statement throughout the state section five really has to do with the canvassing of absentee ballots and that's a process by which poll workers in the first phase and then. The County Board of election commissioners in the second phase ensure that all the proper materials are included in that they compared properly signatures and so forth it It allows absentee ballots to be counted for as long as it takes to count them which in current law you have to finish counting absentee ballots by the close of voting on election day at seven thirty PM of the one point in here that I really want to point out is that. I know there's been some complaints which are valid in the past that when a voter's absentee ballot is not going to be counted for one reason or another some voters are notified of the deficiency with an opportunity here but not all are in this bill requires the County Board of election commissioners to notify all voters whose absentee ballot has some sort of problem of the problem with the balance of they have an opportunity to cure that balance it also requires the secretary issues may not secretary state the state board of election commissioners to promulgate rules for the chain of custody of absentee ballots to make sure they're stored and we don't have any this house like happened in Pulaski County. Well in twenty twenty. and those are really the high points of the bill Mr chairman I'd be happy to answer any questions. All right members Senator Hester. A on on page seven lines twelve and thirteen that is new language it is it not. We worked on that some of the session already what we worked on what is that doing differently we've already kind of agreed. So that's that's consistent with also with house bill seventeen fifteen passed by representative Larry want to be sure that no absentee ballots are actually tabulated accounted before election day and that language is consistent with that and and just for the record Senator Hester. Representive Lowery in that bill did change several pieces of section seven dash five dash four sixteen in our Review verify that very thoroughly house bill seventeen fifteen and I did not want to do anything to conflict with that bill and so the extent there was any conflicting language I took the language from Senate from representative Lowery's bill and and placed it in Senate bill seven oh one. Senator Tucker which be real Frank with you I'm getting messages here of people in opposition to your bill so furnished to them I'm not going to take a vote on that today so that you can you need to speak with them it's other members in our body so it's just I'm not going to be a I'm not gonna run situations on for whether or not here so I am getting that that message okay. Mr Serra hi I guess I would request and would just let the committee vote if it passes which I don't know for certain that will and every member of the body will have an opportunity to vote on a four well it's not often I get strong objection really strong strong I'm going to be fair senator I just apologize we're that point we're everybody's afraid I'm literally getting objections and a lot of people thought we were done and I said non controversial bills and I'm going to keep it non controversial bills. So and we actually have an opportunity we make calls in like we did the other day we can be a little earlier to do that we got most of the real controversial stuff handled tonight earlier there maybe one or two left Senator Garner but when I'm getting messages like that I'm I want to defer it is a lot of the folks that that we're leading the efforts on the election bills I'm just again being honest with you I didn't want you to sit here and wonder what is going on but I'm trying to be fair it's not a possibly can I understand the all I would say is we have seven of the eight committee members here who have a right to vote on the bill in committee and that's the way the process is set out the legislative process you don't you don't think okay so you you don't want people that are members of the body they're objecting they've already left. You don't want them to have an opportunity come to sit down and have their voices heard what. We if if that's the objection for them to be allowed to testify on the bill you know I'm I'm that's what they're stating and I'm not trying to be terse I'm just saying I'm getting strong objection and so I'm trying to be fair with everyone here. Mister chair. Senator Davis you're recognized and where they signed up to speak against the bill they were here earlier for three hours but not signed up to speak against their members. The college. So. Yeah. Try to be fair with you and always have through the process here but I don't know if they're watching Walker start running but they'd be welcome to do it and I don't want to get into and no argument here at the end of the night but I'm just trying to be fair with all of us everybody straight so fan right now. So if you wanna make a motion and you want to vote that but I will tell you Is chair I just really am am not comfortable when I've got another member objecting wanting an opportunity to speak on. Mr I and I and I clearly stated that if it's non controversial this is clearly controversial sits outside of the bounds. I understand that Mister chairman I always welcome the input from other members no matter what and I have worked diligently for the language in this bill to that end my point was if they're just asking the committee not to vote I've never heard of that they didn't see I didn't say they didn't ask committing not to vote they are against the bill and wanted to speak on the bill and was asking surely you're not running seven Senate bill seven oh one asset unfortunately they are and so here we are it's late so if the what I can tell you this is that you absolutely can be number one on the list to run the bill. But I would I would suggest to you at a difference to the members that you at least let them have an opportunity so they don't feel like that we surprise them with this Senator Ballinger. I would say that for we're gonna go down this path then let's go and try to schedule time that we can do it I mean I I know that it's subject to meeting space and staff and all that kind of stuff that we're going to we're going to do that then it is a Senate bill which means going to make it to the preclude process insurance so if we can schedule time tomorrow that would be the most everybody thought we were about to walk out of this room that's why I said non controversial Senator Tucker I work with you to convene the meeting or whatever we need to do because we have other Senate bills as long as we get time to do it but I'm going to encourage that member to reach out to you and and and have a discussion and and go with that but I I'm not going to violate what I think is fairness I'm just not going to do that that conversation will will be welcome always and I. Just just for the record I may move on the Senate floor tomorrow. to pull this out of committee engrossed engrossed the amendment so just to and well we are the amount of data we already adopted your men and I believed in me yeah I just want wanted engrossed this is my point Mr. You can do that and pulled out a gross just like we did before yeah because you've not to not take an action on it Senate right back yeah right well that that's that's fine with me and I apologize but I'm trying to be fair with everybody and make them Mr can't stand the process outside of the the bounce people violating the trust we're all trying to work together I respect that all right so we'll pull down for bill bill down for now Senator Tucker is there any non controversial bills that you will question I have a question. Just a second staff. She's got a point the do you have you want to expunge that from the record on that we adopted your amendment. That will come back to being clean form. Yes so then I'll I'm moved to adopt the amendment on the floor and have been engrossed from that's right I that's what she stating that we suck a member's own if you do it that way okay in that case I'll I'll I'll make a motion to expunge the vote by which the memo was adopted okay no objection we get a motion to expunge and second person about girls in favor say aye opposed no that's taken care of and thank you for your patience Senator I hate being between members when that we're getting that that strong Senator Bledsoe you have a question yes thank you Mister chair I wondered if we could not establish a an earlier time to meet than waiting until our next meeting scheduled I think that's the fair thing to do and I would be willing to meet at any time tomorrow morning as early as possible in this because we are running at the time and all that and staff his or we've done that before shall let them search for appropriate time and will notify members and tomorrow. Yeah all right we'll search for time you'll be notified thank you the only problem that you start getting into we gotta be very careful because notification of everybody that they want to come in on these bills so if if nothing else. I'm here from staff will try to set a time okay all right members or anything that actually is non controversial or knock out. With that let's come back and finish up later thank you members spent a long day.