State Agencies & Govt'l Affairs-Senate

All right. Members I know that to Senator Ballenger As we discussed as a discussed a couple of you before and Senator Ballinger should run a bill he will be back I like to wait if you would and discuss the constitutional amendments get Senator Ballinger back here and hopefully some of the others would be here as well I would like to go ahead and ask for a motion for suspension the rules so that we can take these up whenever we decide to on the agenda and I make a motion to take up the constitutional amendments and also I've got an amendment on SB two ninety two it's agreed to from the house so it's being sent back for concurrence Sir could I have a motion for suspension rules motion Senator Hester second from Senator English and this is to suspend the rules to for us to take action on three constitutional amendments as well Senate bill two ninety almost favor say aye opposed no thank you appreciate that committee again I'm gonna hold on the so we get the other members backs Senator Dismang did you walk in Sir your first on the list with senate bill four zero two. And be glad for you make that presentation. Thank you Mr chairman members there was a amendment on the house side it adds a little bit more to the details of who will be who orders review the grant applications and and it's but it's stipulates who's going to be on actual committee that's the Director of the Division of Arkansas heritage director of tourism division the director credit museum of a an accredited museum within the division of Arkansas heritage all recommendations that are made and review by the committee submitted it shall be submitted to the centre parks and heritage tourism for approval with that we have to take any questions. All right members you have any questions for Senator Dismang. Saying no questions from the committee is there anyone that is here that would like to speak for against this bill. I'm not saying any their centers major anything further I don't believe so all right what's pleasure of the Committee I have a motion do pass for Senator Bledsoe was second from Senator English saying no discussion all those in favor say aye opposed no bill passes thank you chairman thank for the motion Senate bill. All right members I'm gonna going down the list so we can get again a couple members backed. Senator Clark. Leave your here. Senator Davis willing waiting on him I haven't heard from a committee from staff so I just wanna make sure you're where if we don't have that. Senator Clark thank you if you would please state your name for the record. On Clarkson District thirteen all right you're recognized for presentation Senate bill six twenty. Senate bill six twenty. Of. I thank was previously six one eighty eight passes the Senate and house committee we have of. it basically says the a. A polling place will be a polling place on election day we have tightened it up some to say the. If of it was on leased property the only the. Of particular building where the voting is going on and the Of the in a reasonable part of the parking lot of and this is it also if if there's a crew chief except for that it doesn't apply to that the deposit to the the building or the voting is happening and reasonable part of the parking lot other than that it says what it says before the of that if you're a polling place you're not private property and that of people can put up signs election here except for except as provided real low which is not within a hundred foot of the doors and not two people that are in line will be happy to take any questions right. Members you have any questions for senator Clark on this bill. No questions at all. we have anyone Senate bill we don't have anyone signed up to speak on this bill for against centers or anything else you'd like to add. All of its eggs exactly what we need to do on election day and I would appreciate a good vote all right. members was a pleasure. Motion to pastor Senator English as second from Senator Hester all those in favor say aye opposed no. Bills past thank you senator would you get one more would be senate joint resolution eighteen. Looking for that one and there is. SJR eighteen is truly a little bill that doesn't do much. Of a sermon that we pass it out of here and through the Senate and all through the house it is a joint resolution of that ask Congress to pass the Amendment or put an amendment out for the states of to approve of that there will be a nine and only nine Supreme Court justices I'll be happy to take any questions all right. Senator Clark do you happen to recall factor in the forty thirties and forties I guess was president Roosevelt was the last time that that was attempted is that right I wasn't around Senator record but I thought knowing you after you had an encyclopedic memory of what occurred but if you don't that's okay I just know that that was a big discussion at that point the of the you're right there was a big discussion back then but I have not acquainted myself with it yeah I guess I could say for purposes of discussion it nearly one hundred years ago there was also discussion same thing You members you have a question for Senator Clark on this. No questions during one or speak for against seeing no one wants to speak on that I have a motion do pass for Senator English as a second from Senator Hester all those in favor of the resolution please say aye opposed no bill passed thank you senator thank you members of the committee. All right. Do we have on deck over here that's available I don't see Senator Hammer know is coming Senator Hester you would be next run after him. Okay is that we're. And representative wooden. Would you like to present yours I know that Hammer is your second but if you're here. Yes go ahead. Resented wouldn't if you'd please introduce yourself for the record jim Wooten district forty five house of representatives has hill seventeen seventy nine seventeen seven. Of those of you who. And I think most of these are wrong the Joint Budget or the budget to hearings back in the fall and you'll know that we worked very hard to determine these vacant positions we found some back breaking this the this loan is two thousand ninety two thousand nine many of them in two thousand and twelve thirteen fourteen thank you for eight nine ten years so this bill here is an effort of the the FID of the office of personnel management the whole or in myself and and senator Hammer. Senator first of represent the first. To the tent to deal with them and at the same time I will make it clear we do not intend to penalize the agencies I think we'll all recognize that the position is been vacant for two years we need to have anyway and when it does look at it so well the share with you a few points of office personnel management will identify positions of state agencies that have been vacant for two years or more and provide a report of those positions to the L. A. L. C.. Budget. The identified positions will be frozen and I may not be filled or an internal this report will be provided to of the A. L. C. O. Joint Budget the fifteenth of June each year agencies may identify a certain frozen positions and bring them before the ALC and request that they be frozen and approved to be filled during the interim period now the Secretary graves spoke with me and help positions that they might be needing to fill quickly in there or a security forces will not affect that they'll be able to get these positions the same is true for the state police should they have a difference in the they would be able to the have those positions frozen positions under dental the OPM is vacant for two years or more in another proved to the used during the interim will automatically be shown as positions to be eliminated during the next budget hearings or sessions cycle. And I must say as a result of our efforts in the of the personnel committee of the A. L. C. and they have the Joint Budget and then the hearings we have eliminated already seventy positions at a savings of approximately four million dollars to taxpayers or to agencies agencies bear the of of the positions during the anoro there are no longer required by the agency and request that the positions be frozen for the remainder of the fiscal year. Shown is positions not requested at the next budget hearings or sessions this bill just simply will ask them to the value was to look at and then make us aware of the positions that they want to maintain they feel the need to keep or positions that they want to eliminate the in the in the original bill we were going to create ideas to create a task force to look at this and representative Wardlow made of a recommendation in the state agencies in the House to move it to the personnel committee the result in put it to the store with the was because of the fact that I didn't want to burden them the this seems to be an opinion and so we we made an amendment there in the House Committee. And it passed currently we have seven thousand positions roughly that are vacant in state government we have about thirty thousand employees seven seven thousand or make it twelve or thirteen hundred of them have been vacant for two years or more. If all those positions were budgeted not all of them will be but as you say all at one time or another they may very well be budgeted twelve hundred and average salary of forty thousand dollars is fifty point five minute fifty four point five million dollars in with the humidity six point five more so we're talking about sixty one million in total was seven thousand we're talking about three hundred million dollars in salaries. Also on Monday and to the me the situation has got as good is got to be addressed at least in the hearings that we discussed in the discussions of hand with the opium and the department of finance and administration the. One agency director tell me it's like a shell gay love these positions have been there is most of you know we're we're in positions that were held in order to be able to pay the fifty four hundred dollars a year in benefits so they haven't been filled so much the simplicity of it to million a. Most of your committee or lower than that. With the simplicity of it is to me that you get your actuary people together and they look at it and look at your claims look at your premiums multiply that I've come up with the total number whether the fifty a hundred million or whatever it is then divide that by the number of employees you've got at that point in time that gives you a number for those employees then have each agency the thanks they have five hundred liquid five hundred employees in Orlando they multiply that by the dollar amount per employee it's budget it. We know and then we'll have the whole positions capped the to put it so this is to parole one for the agencies to look at and evaluate their positions over two years secondly it be the has got to be addressed because for Fallujah although this you've been through it we're going the other situation like school teachers ten or twelve years ago and it needs and we already spent thirty million dollars this year additional to cover the the he beat eighty plus the Department of Education just came before with the twenty million dollar request to cover their. So. Share that with you but I'll be happy to answer any questions you Mr chairman all right members you have any questions for representative wouldn't on this. Representative wouldn't do you have questions Senator which includes of. Thank you Mr chair I just wanna thank you for doing this I have been here a long time and I've always wondered about the phantom employees and what we can do something about that so I appreciate this and and the I think this is going to mean a lot going for it. I appreciate. Any further questions. Seeing none is there anyone here in the audience would like to speak for against this bill. anything further representative will just I would appreciate a good vote or do pass thank you I have a motion to pastor Senator Bledsoe with the second from Senator English saying discussion all those in favor say aye. All opposed no the Bill pass is thank you thank you for inviting way censure here representative wouldn't as going to tell you that we discovered that your resolution was or friend and Senator Bledsoe committee handle that for you and we're sorry we thought we've handled it just fine all right the board thing was that it was recognized to present we're getting it out so it is thank you thank you for thank you. All right members list go back up here I don't see Senator Hammer in the room yet Senator Hester Senate bill six thirty four you gonna run that Sir. Thank you Mr chairman this bills protect integrity of procurement process and to ensure the Arkansas contracts or produced in a fair and transparent ma'am manner and Mr Sylvester Smith here to help me answer any questions you may have. For. Mr are I couldn't find what you're or if you'd state your own name for the record and be great sorry Mr Sylvester Smith and I'm here representing myself as the attorney business consultant and could provide a little bit more detail for the bills committee would like we're just year for questions it's up to you okay anywhere you want to say so this is this bill was designed to do a few things the first section sets out a pre emption of other laws and basically that is out of respect for the work this committee is done over the last two sessions to modernize procurement law in so let's say that I want to change something about the procurement colder the way state agencies by things I would not be able to go and hide a new change to procurement law let's say in higher education section of the code or the agriculture section of the code if I try to do that I to go around this committing the work you've done the procurement code that you've recently updated with trunk or preempt anything else that idea to try to hide elsewhere that's what section one does section two allows the director of the office of state procurement to issue written opinions of the law in effect and I know that that's you know not being why would he need your permission to do that will presently under these the existing law the procurement director cannot issue what is described as an advisory opinion and so for example let's say a state agency has a question about how procurement law works he could give them an off the record evaluation but he couldn't give them a formally binding written opinion as to what the law means when it comes to something and the same thing goes with regard to two bidders people who have questions about the procurement process and so this would allow him to answer questions for me in writing and state agency people and vendors could rely on the writing. Section three. And this is very important about fundamental due process and fairness and this is really what created the need for this piece of legislation several years ago I was involved in a multi million dollar procurement in which one party I'll call the party a want to stay contract my client party B. didn't believe that they were a party able to qualify so we were able to write a four hundred page document forger page excuse me document which we said forty eight was everything but a child of god should not have been a to keep that contracts under Arkansas law party a had no right to get notice of the fact that we're following this protest or filing a response and so section three requires that if you are objecting to an award of a contract you have to give notice and a copy of that objection to the winning bidder and so it's just fundamental fairness in this section for allows the winning bidder who is the subject of the protest to make a written response and so again this is very this whole bill is number one just to make sure that if someone wants to change procurement law they have to come before this committee be honest straight up about it and the rest of this is to provide clarity due process and fairness in the procurement practice that the state of Arkansas does and no one is against this bill I've I've not had anyone raising objections to questions about it and I'd be happy to answer any questions committee members have. Right members you have any questions for Senator Hester Mister Smith. I don't see any questions about this I appreciate you bringing this bill because I think some of the most contentious Intrum debates that we've had have been over conflicts of this nature and anything that can provide more called to the process and transparency so that everybody feels good about it I'm not aware looks like we do have is or is that on this bill no it's not is anybody on eighteen fifty three I don't have anybody signed up to speak for against the bill senators anyone in the room they would like to speak on this bill. Seeing none anything further Senator Hester I'm an echo what you said if you said on review very many times you have been lobbied and fought over these processes because they're unclear this clarifies on think will make our lives in people working in the procurement with the state five zero appreciate a good vote all right thank you. Members what's your pleasure I have a motion do pass for Senator Hester and second from Senator English all those in favor say aye. All opposed no the Bill pass is thank you Senator Hester. Members of your tracking with me on the second page of our agenda we should be at the house bill eighteen sixty five I believe I saw representative board to come in I don't know if there is. representative board would be happy to hear your bill Sir. If you would please state your name and for the record. State representative Justin Boyd and this ranking deputy director commission on law enforcement standards and training alright thank you you're recognized Sir thank you Sir I appreciate the opportunity to be here present this bill to you this bill what it does is it puts in the state law a requirement for duty did training on duty to intervene I will be very clear it's not a duty to intervene law that's already taken place across the state and so this is a law this bill is supported by the law enforcement community it's also supported by Americans for prosperity in various groups. Sanding our director and we we support this bill what will take us up in a rule change regardless of what happens with this so we we we think it's the right thing to do the right time. All right. Members any questions for representative board on this bill. Simply is just training it's requiring the training on the issue correct I don't see anybody that signed up to speak for against the bills or anyone the committee that feels that like to speak up on the bill. Seeing none what's pleasure committee. I have a motion to pass from senator Bledsoe to have a second. I have a second from Senator Tucker saying no discussion all those in favor say aye opposed no bill passes thank you Sir thank you. Members help me out on those last little bit. So I can hear a little louder Bolden's. Have you got another one here okay. At fifteen seventeen yes proceed. State representative Justin Boyd being joined by Senator Davis and if with your permission we like to have someone from the secretary of state's office join us as well. All right. You're welcome to and if the. If they don't mind. Dragonette the chair or they can wait until such time as needed whatever you all decide. If you need on their let you make your decision. Mr sure we're in the corner sure. All right of center Davis representative board either one whichever one mostly discussion. Okay thank you Mr chair Brianne Davis state Senate district sixteen. And so I will just and briefly go through this bill and then take questions so that we can and explained and where you guys have concerns. So on page two and line nine that section be and just want to point out that this and there is cares money already set aside for this so there's not gonna be extra funding that we have to go find if there is money set aside for it already. Janet the end of Page two line thirty one. It states that the Secretary of State shall not promulgate emergency rules within a hundred eighty days the Federal Election and this is specific to online voter registration so for example they can't two weeks out before an election say M. automatic voter registration online and this protects against that there are and strict rules bill the strict rules in place for online that a registration. And to the next couple pages everything on there is just new language to make sure that electronic registration is consistent with paper registration. Page four line seventeen the whole section there section a and that addresses some of the issues that we saw on Pulaski County and makes the county Clerk in Election Commission work together and it also and cleans at the voter rolls every two years so and it does so by matching with the Social Security Administration and looking at the master death file or the index compiled by the social security ministration so actually that's I think a great portion of the bill because it make sure that we have clean up to date voter rolls every couple years. Section B. and just says that the secretary state has to and implement a process the county already has a process section see and is basically And talking about Eric but it doesn't state it and just says that they'll cooperate with other states develop systems and to compare better information and make sure that it is again accurate and good information there are thirty states that are already members of Eric. Section II and. This again is something that we saw in Klasky county where that and clerks were and. Well this just makes it where the county clerk's can't refuse to share information with the Election Commission this requires that they cannot get that information for themselves and and then on page five AM section eleven one one and they have to provide annual reports to the General Assembly concerning the accuracy of our voter registration files I think that's another great check that we get to see how this process clean out and ensure that we have accurate voter rolls in our state. And then again on section be just saying that the secretary secretary state cannot promulgate emergency rules within a hundred eighty days of an election the Federal Election so again no allowance for on an automatic online voter registration. And and then on page six just draw your attention to the top sections a and B. this is just consistent with paper registration that there's still and you can't submit a registration form and you no less than thirty days out of an election and you still have to provide a current driver's license and ID. And then. I am on inspection nineteenth page eight and. That section am I just want to let you guys know that there's already a vendor and that the secretary state works with that can do that so they already have a system set up and so this will be something easy that that and who they currently use can go ahead and implement this process and then finally on page nine. And section number one so it's line three says that the online voter registration application form that the let the voter or that person registering know that their form has been successfully submitted and is pending approval I think that's important to note that it doesn't automatically approved you still have that thirty day wait period the voter and excuse me the address verification and and then you're still showing your ID and all those things in person so and then line five the voter registration system and. That and it'll let you know so you're doing it M. and it'll connect with the system the DMB uses and if you are registering incorrectly it stop she does not let you continue if you have not done business with the DMV it stops and does not let you continue and so there are and things put in place at to protect that we're not sending in an incomplete or inaccurate voter registration forms it just does not let you register to vote and. So in an well as I said there thirty states that are that are using Eric in doing this and and that's something that's been going on for quite some time now and Arkansas certainly won't be spearheading the way here and it's just I think it's something that addresses a generational gap and allows us to you and modernize a little bit which I think is important so we're happy to answer any questions. Members do you have any questions on this bill Senator Bledsoe you're recognized. Thanks for you start let's go ahead and lead to this Jennifer secretary state recognized himself thank you Mr chairman I'm current Nauman legislative Affairs with secretary of state's office. It was so thank you so much of I probably have received more. A negative information on this bill than any of the others concerning election law. In I just wanna ask you have a question because this was suspend come up the main theme and so many of my. Text messages and emails it says the bill is far too vague about how the online system will be set up and it gives all the power to the Secretary state and not to the legislature what would you say to that. That's a good question when we develop rules for any of our programs the first thing we look at is the legislative intent of the bill and we're going to work closely with our sponsors and with any other interested members to ensure all your all your fears of an alloyed and we have written a process that is it intent with not only your intent but with the letter of the law with the administrative procedures act we also work very closely with our counties and we will be involving them in the process I have a saying that all elections are local and nobody votes in the secretary of state's office it's all done locally and we rely very closely on the feedback of our counties so we want to look at their systems we're going to also look very closely at the vendor that we have there of maybe more than one vendor wanna make sure we get the right system we have already had a run through with that to talk about ways to prevent fraud and errors and incomplete information and we're when we develop the rules we're going to have AS Pristina process is possible but we want to make sure that the interest of the legislature the counties and also the best practices of state are included in that rule and again because it's a rule we will bring it back before Legislative Council it will be updated and it will be approved them and we certainly warm run addressed by anyone who is interested with any concerns. Senator may I try to answer that that recognized thank you Sir so I mean our current pay a process is purely paper you could take a stack of papers and go send in all kinds of applications and there's nothing really that that prevents that but what really kind of sold me to help me understand and and be comfortable with this none of this takes away from voter ID voter ID is one hundred percent in place and that's the most important key the second thing is is there still a thirty day wait period between registration and being able to vote that's in another keep pace and so those in and signature match because it will be of the set in place were you will have to have done business with the envy and have a signature on file I'm currently they're only two ways you can do that you have either a driver's license or an Arkansas ID card and I don't mean the kind you get from a voter ID card from the county Clerk I mean an actual one in the security required to get it Arkansas driver's license or an Arkansas ID card it takes a lot of proof to be able to do that so I feel like this is actually a safer and better way to register than than with paper. Thank you very much. Members any other questions on this bill. I do I want to reaffirm that you so is this a bill idea that came from the secretary of state's office or is this just sort seeking your support. We actually have been working with representative Boyd for over a year on this he did an interim study proposal that identified a number of issues that he engaged us with and we did some further research into it and thought it was a good idea with almost forty states now with an online system we wanted to be proactive and get out ahead of any federal mandates that come along and make sure that what system we have meets our assurances and also the ability to utilize the federal funding I think now is a good time to do this and that it will take the financial burden off the state and be able to utilize federal funding so we're we're joint jointly working together in support of the bill. Okay. Members you have any questions on this matter. Seeing no questions I do not have any information of anyone speaking on the bills anyone want to speak for against the bill from the audience. Seeing none Senator Davis do you have anything further. Members I know that you've been getting a lot of emails and that this scenes and to be a contentious bill and it just in fact is not there's been a lot of misinformation spread about it it's been lumped in with other bills and everybody I think is on high alert because of the twenty twenty election and but I've been working with the representative would on this for a couple months and she heard he's been working with the Secretary state for over a year and we've worked with other people that and have been I say Jeff and very have jumped in very in depth into an election process and in the state and I feel like we have really covered everything to and not only just sign Avenue for people to register online through very as strict and narrow means but we've also found a way to clean up our voter rolls and make sure that we have good solid clean voter registration files a year after year in the State of Arkansas I think that's very important I think to all of us and it also creates government efficiencies you know currently there are at the DMV sends over better and applications to the county clerks and oftentimes are incorrect or incomplete and the people who registered and often times never end up knowing about it they show up to that and find out they never registered because they checked the wrong box this will stop you say you cannot fill it out incorrectly I just and so anyways I just wanted and I thought that was important share that there is a lot of misinformation about their and infirm misinformation out there and and I hope that you can see that we've and done this very tightly very narrowly and and a good way and as the secretary of state's office said there's almost forty states and around forty states that are are already allowing this in some way online and with that I ask for a good vote thank you. Right members anything else what is the pleasure of the Committee. I have a motion to pastor Senator English I have a second. I have a second from Senator Tucker all those in favor say aye. Hello posay NO. The Bill pass thank you senator thank you representative Board appreciate you being here member center we've jumped around here a little bit I saw senator Hammer come in saying that he is ready. And so with senator garner still pending here we back. Okay. All right we'll we'll have a list of towards the end and. Of course. Johnny Cash yeah. All right Senator Hammer. Sure. So long as you don't have any alcohol in their. senator and if you would recognize yourself the record. Station or Kim Hammer district thirty three and we have five eighty two first is that the one you'd like to do it again like two five eighty two short mature all right in the there is five eighty two though is it would you do have okay is this new century. Okay all right members and just got an amendment. It's being passed out sorry I did not. Nope that one on one about forty five come afterwards so. Senator Hammer would you care to explain the amendment forced robbery flee. Share and I did not have a chance to look around is Lindsey with the association of counties behind me. Yes we have you say you want her present leave if she would be willing to. How was she in the room okay. Okay this bill has some agreed upon amendments well let me see let me rephrase that this bill I worked with the association council to amend a couple things that they have some concerns with it deleted some of the sections out of there that may actually be covered in other sections of the bill one section being restored and so that's kinda high level that can go into deeper context if you want one or present to the bill in its entirety. Okay. Well members we can go ahead of the amendment so we can discuss I have a motion Senator Hester pre adoption of the amendment I have a second from Senator Davis all in favor say aye opposed no you're recognized for presentation five eighty two is amended thank you Mr members of the committee of just kind of walk through the bill if you would please on section one it allows the another option for a member of the up County Board of elections to be sworn in and it gives a list of who all can swear them in that really kinda lines with of some of what we're custom choosing our positions as far as and other elected officials are custom tuned as it was explained to me it's also commonly known that could be done this just bring some clarity to it section two is stricken section three instruction stricken speaking of section four is stricken. Section five six and seven are all stricken and if you're wondering why because it deals. It deals with some things that there was some differences of opinion for lack of better statement as far as who could serve more compassionate conservative actually maybe covered in other sections of law which brings us down to section. Eleven. Section eleven is restored this is actually I believe Language that was run last time around by representative gray and so it is being reinstated because the other errors are being stricken out back up to section nine it it it deals with the training that is going to be required to enhance the and this is not intended to be presented in a negative light but I think we can all you know use an opportunity to learn more when it comes to the election laws but if when it was amended on line twenty seven page three it says a person is required a person receiving and substitute person required to receive so as to implement some training I've worked with the with Nathan over at the state board election in order to you know make sure that that would be filed through and so that just deals with some expectations of the training as I mentioned section eleven. Okay thank you thank you section eleven. has been restored and it it deals with some of the expectations as far as who can and who cannot serve in the capacity it can make sure the integrity is there and that's the explanation of the bill Mister chair members may be glad tried answering questions. Would you do you would you like to or do you think you want to. your system to come say any word on this it should like come that's that's at her discretion extender that in your system but actually counties but I know you wanted her sister for the bill do you have any. Okay with that be happy for you to do that make it worth the trouble If you would please just state your name and who you're represent for the record you're recognized. Thank you Mr chair and it's not easy to spread across the capital in a mask with child in heels. I just want to say that we did work very hard on this compromise I appreciate senator Hammer and all those that he's worked with the county clerk's are in support of this bill and think it's good legislation. If you have any questions for senator Hammer on this particular bill. By saying none do you have anything further Senator I think I've been if there's no questions all the clothes Mr chairman I don't see anyone that signed up to speak on this bill if there's anyone that would like to please make yourself known. Seeing none what's the pleasure of the Committee. I have a motion do pass from senator Bledsoe do I have a second from Senator Davis all those in favor please say aye All opposed no and so Senate bill five eighty two as amended passes or thank you thank you. Thank you Mr hammer I believe you've got at least one more yes Sir bill forty five thank you Mr can I ask you show house bill sixteen fifteen on the agenda I do not okay very good. I do not is that one that is coming maybe Thursday I think that was on your last requests I believe I believe that's right represent Ladyman in it was this morning so I think that's that's one yes Maddie is firming forming that's the case so that would be on Thursday agenda thank you so Senate bill four eighty five and I believe we need to adopt an amendment for you on that correct or is there an already amendment is adopted all right. The members of the staff said that you have this in your packets the share. Yes Sir what a minute are you referring to because the bill failed last time which I was told that meant that the amendment. Did not. Get a test shoot because it failed and I'm under the impression we're back to the original text of the original bill. And I'm even looking for the bill to be honest with you the you all have this. I see that I see the committee adoption one hears this it's on our records that the committee adopted. The failing was only on the bill as it was amended so you're amendment was adopted to the bill and the bill is what itself as amended did not have favorable action I guess I believe I might have been in another committee presenting at the time on this one so. Did you have a failed vote on the whole bill. Okay well what I would do is entertain a motion to expunge the vote by which the Bill failed as amended. Because if it's amended and adopted. Staff is to be. Looking for some information. Anything else mighty. Was already expunged okay so we withdrawal that we don't even need the expungement so that was expunged during the discussion so Senate bill forty five should already be amended as it was adopted so Centerton unless anything else let's just go forward hi for clarity Mister chair I'm presenting the bill as only dealing with removing Monday. you don't want the amendment is what you're saying. Which was adopted. That that's what I don't that's what I'm against me to get clarity on because. were you thinking that you were backing out of the original amendment is that it share what I would like if this amendment is showing as on the bill I'd like this amendment removed because actually this was dealt with legislation earlier on the Senate floor I would like to just have the bill run as a standalone bill dealing with removing Monday from early elections. Okay We need to make sure that is that require can we just do that income without. Okay I wanna make sure we don't create another issue for your so have a motion from senator Tucker to expunge the vote by which the amendment to Senate bill forty five was previously adopted. All those is our second I have a second Senator English all those in favor say aye opposed no. So now I think you're back to the just the bill correct center and it's a one pager to one pager all right just want to in so. I want to make sure you're happy with what's on this page. Yes Sir all right. Brief overview of where we now stand after all of this back and forth what's the bill going to do for the bill's going to do is remove money from early voting and voting would be completed on Saturday and there would be no Monday included in early voting okay all right. we do have several people signed up on this bill senator is there any questions from the committee before we begin to hear. Seeing no questions I've got. For people that are signed up on this and we've heard and no at least for three of them before so would be happy To hear your comments on this bill I would ask that you contain your comments to one minute since we've already heard a lot of debate on this you can either stay there or step aside whatever you like to do Senator and we will hear the folks that are signed up to speak against the bill I'll step to the side and combat roster first one listens Josh will price who we've not heard from before I don't think on this particular bill. And if those of you Merriam to many Dominguez now Matthews family would occur if you will position yourself over here so we can get to you quickly. Reshape that. And. Press if you would state your name and who you represent for the record a good afternoon Mister chair and members of the committee thank you so much my name is John full price and I currently serve as the senior member of the Pulaski County Election Commission however I'm here on behalf of myself it to talk about my experiences serving in that role during the general primary election last year and as well as for the voter's Pulaski County and the voters of the state of Arkansas. So please keep your comments on the bill we know that you may have a lot to say about a lot of the things please keep it on the particular bill absolutely yes Sir. So I'm speaking against SP forty five taking away early voting on Monday we had eighty five hundred people vote in Pulaski County on that day it was the largest day of early voting twenty sixteen we have twenty nine hundred people vote on that date so you're talking about an almost three and a percent increase which I believe shows there's a demand for early voting on the Monday before the election. we had one location in twenty sixteen we expanded the twelve early voting locations Alastor on that Monday again she demand for voting on that Monday and you just might turn out we had over fifty thousand people across the state of Arkansas vote on that day I know there's been some statements in the past about given given the poll workers the day off I personally trained to a poll workers in this last election and they love working that early voting on Monday they see it as a competition who who gets the most voters in the early voting locations so they love serving the people of the county in the state during that early voting day I think they can that they would hurt rural communities were folks got to travel a bit further to get to the polling location want to give them as many opportunities the voter cannot limit when our Kansans can vote. And the again you too one thing that I thought of when I was when I was helping oversee the election that you know every vote is sacred this is this is someone's hope and dream to get out there and cast their vote for who they think is going to represent them in their communities so I don't think we should limit when people can vote if anything we should be expanding the time they could vote people work hard they're busy it's hard for them to get to the polling location sometimes and I think we should give them every opportunity to get up there and cast their vote so again please if it would to please the a committee please vote no on this bill because at the end of the day this limits Arkansas's ability to vote Arkansas is ready fiftieth in the country voter turn out so we want to make sure we're we're given full stop and get up there cast a ballot and cast it for the the representative or senator or local local leader that they want to represent them so thank you very much Sir. Right there was any questions. Seeing no questions we appreciate you for coming in thank you so much Sir. And next on the list is Merriam Dominguez. Samarium if you'll come. If you please state your name and who you represent for the record and you're recognized hi am Merriam Merriam Dominguez and I'm here representing Arkansas United and I testified against the law whenever this bill filed last time and I'm just here to reiterate again and please a take away that Monday away from us especially as a community organizer and all the hard work that myself and my colleagues did during the elections and to support the immigrant and Hispanic community and who needs and a little extra support when it comes to voting terms of the language barrier and just understanding what's on the ballot so once again I just ask you all to please vote no on this bill thank you right thank you for your comments now Matthews is next. I know Matthews from the league of women voters of Arkansas and I wanted to express concern about this you've heard that the testimony about how many more people are voting on Monday then even earlier and I look to see if there is any indication of who was voting whether there is a tendency that it be one party or another and it seems to be pretty broadly across both parties that they could turn out to vote and so in. If there has not been a request from county clerks to avoid Monday voting if they feel like they can handle it if all they have to do is just set the machines up for the Tuesday vote after the Monday voting is closed wide need what need is there to close early on Monday close early on Saturday and the close and tightly on Monday let's not do that let's make it possible for people to vote thank you thank you any questions members saying man thanks for your testimony ma'am. I look forward to seeing what you're needing back there when we get finished she's got to be wonderful you've been working. The whole session on that. The panel would occur. I was trying to think of miles of if thank you senator Madison that used in it during committee Senator Bledsoe do you remember that. She used a net during the dark Committee hi Senator English how are you doing I am what would occur if you would state your name and who represent correct sure Pamela Whitaker I'm serving in a leadership role on the league of women voters and we're non partisan group I am a long term project manager in process improvement professional and I think it would be kind of an even there are two lines drawn on this law and all the different variations and things that will have to go on to make this happen just doesn't seem to make a lot of sense to me so. I think the why question is gonna be out there on this one so. I'm just asking you to think about it. Anything else. Members you have questions. Seeing none we thank you for your testimony. there anyone else that would like to speak on the bill. Seamen Senator Hammer. Would you like to. Come back close for your bill. Thank you Mr one thing and I think maybe had read mentioned the last time I presented this is the number of states that do not allow any early voting at all and so we already have thirteen this would pare down to twelve the one thing I want to point out is through the numbers that are provided by the Secretary of State obtained through the bureau that when it comes to sat or to the Monday before election it is the eighth. It falls number eight in the list of days as far as the total number of voters number one number two it only missed being numbered nine by thirty nine votes so when you look at the when you look at the pecking order and the number of the voters it turned out and somebody mentioned last time and recognize and I recognize the fact that there was a bump up from fifty seven one of the things that was mentioned as far as the elections is the number of the number of voting centers that were increased such as your place to county and across because what was allowed because of COVID so was a little bit of an anomaly as far as it impacts those numbers the one thing one point out to Mister chairs this is not the first time this has been presented to the legislature to decide depend which county or independent which Clark like Senator doesn't like it thank you took a poll you're somewhere fifty fifty maybe seventy thirty and what I would suspect is and it was mentioned about role Arkansas it's a greater disadvantage on those in rural Arkansas because of the distance that they have to travel the night before unlike down swing County works vote centers and they they don't have the precincts like to do so it's you know logistically it would be easier what I wanted to also point out was that since you know since we did this and I wanna make this disclaimer and compare it to like the lottery we are in the process of adjusting the lottery because it was something new and once he got started we've come back this session in order to adjust it because we realized that it was a new start up I think that probably when this was started if Monday would never been included it would have been better and that's why bipartisan support has been brought before from both Democrats and Republicans when you look at the history of the subject trying to be done to take money out and it provides an opportunity for those are working the polls and yes there are poll workers which I want to be on the record saying. this is not about the poll workers because they do a great job and they give of their time this is more about creating that gap between the Saturday and between the Monday in order to make sure all the processes are in place all the absentee ballots are counted for and turned in and that all the voting machines that have to be moved removed and if there's a break down in the Secretary state as to get a voting machine to a location they have plenty of time to do it and it's not being done between the time the polls close on Monday night and the time they opened on Tuesday and as far as taking anything away I don't think we're taking anything away because like I mentioned last time closing twelve months of the year we make a payment on time twelve months of the year we make our kids time we make time for what's important and I think that you know people will respond accordingly if money is removed to be able to give improvement to the process with that as chair be glad to take closure I appreciate a good vote all right Senator hammer thank you and we appreciate all the testimony on this any questions at all left remaining. I have a motion. A motion from senator Bledsoe do pass second for Senator English is there any discussion saying none all those in favor say aye. All opposed no. All right senator the the bill does not have the votes today that's fine and leave it up to discretion committee what to do from here okay I would say you got time for some discussion and you can welcome to come back and try again okay to but I I clearly heard at center so ours are about that today that's fine thank Mr members committee all right. All right members Senator Hester you ready to. I think Senator Ballinger came in and went back out I don't know Larry when I'm waiting on a few more property rights lovers backed committee okay. Okay let's just kill that thing for the heck of it you want to. At. You were going to present this for senator garner. But who would kill Johnny cash's bill I wouldn't. By senator garner read it be a lot of funds for the rodeo wouldn't. That's right state your name for the record which billion percentage or Senator Clarke Tucker district thirty two this is Senate bill four oh five don't want lightning struck the Capitol but I'm I'm running this on behalf of senator Trent Garner this bill very simply creates a Johnny Cash day in Arkansas Johnny Cash cash's birthdays February twenty six of this would create a Memorial Day it would not create a legal holiday just a day each year for the state to commemorate Johnny Cash. No it largely goes without saying the impact Johnny Cash had. On on music and on the state of Arkansas I know this is true at one point I may no longer be true that he's the only person inducted into the rock and roll hall of fame country music because I am in the songwriters hall of fame so he's just two years ago that the General Assembly voted to have him be one of our two statues in statuary hall in the United States capitol we've been a personal inspiration to me for the the bulk of my life I got a Johnny Cash painting hanging in my house and the just as we have time I'll just say one my favorite things he said was on his album cover album American recordings nineteen ninety four of his first out with with recruitment resurrected his career on two things only or his voice and an acoustic guitar and that was that that's that's what revived his career that's all we needed to hear I am Korea two dogs one mostly white for with a little bit darker than one mostly dark for with little bit light and he said that was representative him because even when he was at its absolute worst there are still little bit again and and even when he was as absolute best there were still a little bit of darkness and two so anyway just with that I'd be glad to take any questions but hopefully we can pass this bill out of committee and senator garner can have some fun with it on a form created Johnny Cash Memorial Day. All right members any questions. Seeing none as anyone want to speak for against this bill. Seeing none I have a motion. Do pass from Senator Hester second for Senator English almost favor say aye opposed no bill passes thank you senator Tucker in with Senator Ballinger back are you physician you want to go forward still not yet senator garner headed back this way does anybody know. The House. All right members listen if if it's okay then let's try to see if we can handle some things here With senator garner absent Senator Hester would you mind taking a chair for me and let me handle An amendment. And and actually I can go ahead and discuss the constitutional amendments if that's fine so members I'm allow with the Senator Garner not being president Senator Hester. Actually Mister chair would you mind see if staff will bring me to a stack of amendments there set to the left. Apologize if there's at the stack that we to be the amendment for the constitutional amendments I want to bring a cause to me sitting right there ready to go for the dated twelve it's time to time staff twelve forty four. Thank you Mr chairman sorry about that I just failed to. Bring those with me. I'd like to handle the amendment on two ninety two that please you. Senator Rapert you are recognized to present your amendment. Members this is Senate bill ten ninety two that we've already passed went to the House made amendments which took care of most all of the major objections that were out there this is amendment that has the support of the Arkansas counties association the sheriff's association and to be clear so I don't miss speak on this the Arkansas press association was okay with the bill there's not that they've came out endorsing that it also handled attorney Robert Stein book you came invested about it and he came out in favor of the bill after that it was to allow some opportunity for to be compensation records The Amendment actually stay so that will be charging only for time of the actual record itself not all of the time that was put forward in putting together the record and so this is simply to concur in the house amendment and once we can Kerr if we pass on the floor will be finished with this bill and it's a been a hard fall billing discussion and I'm very happy that the members made the amendments and came to a conclusion that seem to bring everybody to a place of compromise so I appreciate a good vote. All right members I have a motion to pass from Senator Rapert on on this amendment. I have a second from senator Bledsoe all those in favor say aye. Those opposed say no The Amendment fast as okay and I will is amended all right thank you very much Sir and. Why don't I just stay here senator Mr Fritz okay and let you continue use and discuss the amendments really thank on the combat bill I think we just at the amendment right. It was first concur okay so we all agree with that I heard a proper words at the end there you said Senate bill two ninety two as amended yes so we're good but if we need to re vote we can't you're recognized members this brings us down to discussion I said put on the into the gin of the three constitutional amendments and be happy for Mister chairman of centre Davis wants to say a word to but the consensus that we've had feedback to the committee is that of the list of amendments that we've heard Senator Tucker I don't know if you still got your list but Maddie has the list if you need it there's a list there that of the amendments that we've heard in committee already we did not take any votes was waiting to see how many different members came to make their presentations we beg borrow and plead so to speak to make sure that people have an opportunity we've had no one else appear before sure state to me and addition Maddie has been very very diligent in sending out request I've asked her to do that multiple times to see are you going to come and run your bill so we don't have anymore that's been presented to us at this time and so we're in a position now actually we're we wanted to see if we can get votes in support of pushing these three amendments to the floor Senator Davis before she leaves here are you gonna be right back okay well she's out I wanted to tell you that she had an amendment proposed was preparing an amendment they had some language problems only amendment and this seems to be sort of a compromise between her resolution and another resolution of a member regarding special sessions and so what I would like to do because we were prepared to go forward with all of these to take a vote on these three and to remind everybody the process and I've covered this several times with staff once we make a decision. That does not mean the body. Makes a decision on these three what we're doing here's a committee is pushing to the floor three measures if they get a vote today because the amendment issue when we got to this before Pushin to the floor once they go to the floor then Senate Majority Leader Flippo and Senate minority leader Ingram and myself according to Senate rule has a meeting and at that meeting then a decision is made then which one to put before the body at that time the feedback that I've gotten this far is that we intend actually for the first one to be probably if if there's agreement on that seems to be some support billing for Senator Davis fresh there are ten and so we're in the situation we're running out of time so we hope to have the amendment here before yes we can handle that one so the other that would then leave the religious liberty amendment which is S. J. R. fourteen which I think you've got a lot of calls a lot of phone phone messages on that And then SJ are thirteen these are the constitutional amendment regarding the second amendment and then SJR fourteen SJR fourteen is in a. Solid state it's there's no amendments to be made that we're aware of we feel that is a clean resolution that ready to go forward if the body wanted to handle it S. J. R. thirteen is the amendment that you have before you and so I know I'll take a little time to explain but one of the center somewhere whereas a committee that what we pushed to the floor does not mean that that is going to be voted on the floor immediately it requires the meeting of the three that I mention fresh then make a decision this body will not this committee I will be not be proposing that we not do anything obviously until as J. R. ten is handled in committee and then put out on the floor so you have all three of those amendments will be on the floor of the Senate in a position that choice can be made in on what we're going to and so what I would ask the committee to do today is on Senate joint resolution thirteen that you have before you and I'd be happy for Senator Ballinger speak to this because most of this is driven by his discussion and basically what it does rather than amend section two itself it actually places this in another section so that there's no conflict with the spirit of the the fact that you're. Senator Ballinger said that you could not amend section two are really didn't need to do that it would just cleaner to have a different section and I'll be happy to yield Senator Ballinger first comments for the committee since we've had some discussion outside on this. Senator Ballinger you're recognized thank you Mr it simply at the end of the article to it says that it's basically can't can't be changed by the General axe. And while that is debatable about whether or not you can still amend even though it says it can't be amended my fundamental concern is I want us to feel like that article two is is in violation you know is kind of a little bit it is sort of our bill of rights and I hate I hate the idea of future legislators feeling like they can just amend article to the one that you know the says property rights are of above all else in outside of I mean there's there's great and constant protection language in there there's other things in article two that are really good and I'd hate to to do that so this amendment accomplices everything that that a Senator Rapert was looking for in resolution and it just then move that into a separate section of the constitution that doesn't amending change article to. And I'm in agreement with that and so it doesn't change the spirit of anything we're trying to do in the amendment and I absolutely understand the position Senator Ballinger explained that being the case so but there is no conflict then we're definitely agreeable I would ask the committee to vote for adoption of the amendment to S. J. R. thirteen and then I'll be glad to take up a final discussion. We have a a motion by Senator Rapert for adoption of the amendments rest your thirteen do I have a second I have a second from Senator English all in favor say aye. Posay NO The Amendment is added to S. J. R. thirteen would you like to present Esther thirteen yes Sir and given the provision in the agreement as chair of the committee obviously I will in my position on the three member committee so that we hold until we get a share ten so I would like to ask the committee to Take up as J. R. thirteen for motion today to move it to the floor for consideration in the future for an amendment. And I'll make that motion. We do we do we do public comment. We've already done that we've got a that's right your health okay I have a motion to move to pass as J. R. thirteen you move it to the floor to I have a second. I have a second Senator Bledsoe all in favor say aye. Posay NO motion carries around Senator Rapert SJR fourteen right is J. R. fourteen is the Arkansas religious freedom amendment members this bill is had no obviously any kind of amendments to it since it was presented to you the bottom line is we want to re emphasize the fact that we protect religious liberty in this state and with all that we've seen over the past few years I think it's important regardless of what your religion is frankly regardless of your faith or no faith at all it's important that we honor this spirit of a fundamental rights guaranteed in our own U. S. constitution and so I would make a motion for S. J. R. fourteen to be moved to the floor as well members we have a center efforts made a motion for the passage of SJR fourteen I have a second from Senator English all those in favor say aye opposed say no motion carries congratulations Rapert thank you thank you all share. Members thank you for that and to reiterate Senator Davis and do you have an update on anything yeah I do you happen to and versions of amendments coming over right now do you we would like to go through and and okay or when you get to think Senator Hester or we. I can present my bill but I'm not prepared to vote so we'll just wait till next meeting twenty two okay exist and put you in a bad way She may have a ETA on Mr garner. Bills. You say you have amendments coming. Without objection I would just like to recess the committee upon the receipt of these amendments and that or give us a little bit of time I don't want to rush that process to make sure that you're in good shape but Hey if we got a when you're good with them that be great so without objection we're going to recess here I'm going to call it recess until Say four fifty five how about that that gives us about ten minutes to consider that so without objection Committee be in recess to four fifty five. Members I'm ready call us back in from recess. Meeting is call back to order and members appreciate you allow that recess we were able to get the amendment over four Senator Davis and so actually we're in a position to go forward today rather than hold off so Senator Davis you're recognized for presentation of the amendment discussion of the resolution thank you Mr chair said the amendment and just adds and that also the legislature that we can call ourselves in this into session with and into special session with at least two thirds signatures of both chambers. M.. So that's where it's clarifying it throughout. And the joint resolution. Right. So members any questions on this and I believe this is the one that representative Cavenaugh came down presented with you correct correct all right. Members you have the amendment to senate joint resolution ten before you have a motion for adoption amendments by Senator Davis second and second Senator Ballinger all those in favor for adoption amendments say aye opposed no and so you're now recognized for the bill if you have anything further to say on at think the feedback we got from the committee was that we wanted more than just that and Speaker pro tem to jointly be able this calls inspection we wanted to ensure that if both of them were unwilling that the members themselves had an Avenue to do so that was what I got out of an questions and testimony a month ago when we presented so that and this amendment addresses that in the bill should be good now okay two members you've heard presentations senate joint resolution ten is amended any further comments. What's the pleasure of the Committee. We'll motion do pass from senator garner as amended second for Senator Ballinger all those in favor say aye. Opposed no resolution passes with that committee of our committee is finished with the constitutional amendments we've done our part there be no more hearing on Constitutional amendments these in our position on the floor I will call a meeting with Senator Flippo Senator Ingram for discussion on the process about what we will vote on and I'll be in touch with all the all I appreciate members if you've got feedback on on anything questions to people contact us are you ready for your bill Sir. Okay you will hold it. You want to hold it all okay members is there anything else to come before the committee. Members with nothing further we are journey. House.