Senate Convenes

What you have with our house. Well come to order Secretary please call the roll Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Just wanna mention before we have the prayer that Senator Alan Clark to dad is not doing well so Senator Clark. Is is not here but keep his dad in your thoughts and prayers and will recognize Senator Missy Irvin. Be able. Leave for. No believe for Clarkson for or currently for Senator Clark Senator Irvin is going to introduce aghast without objection is going to say the poor thank you members today I'm honoring mount St Mary's academy which is my alma mater and we have with us today one of our alumni he was a sister of mercy her name is sister Deborah trial at and so I've invited her to pray for us today the third trial leads we welcome you to the Senate. Everyone please stand including those in the gallery for the prayer. Our most gracious god. How grateful we are together. Knowing that in you we can put our full trust. We place in your hands each of our honorable senators their staff. In all the constituencies they represent and this great state of ours. We pray that you will bestow on them with the gifts of your wisdom and understanding. So in their service they can be mindful. Of the needs of our communities of our state. Our country our world. And take your early be mindful those. Most vulnerable at this time. So we lift up all the needs in our world. And we lived up in gratitude. These servants of yours. Who given their lives to serve our state. And to those. Who may have been called to represent. We ask all this in your name. I'm in. State park. One nation. Indivisible with liberty and justice for all. Thank you any announcements any announcements about. Leave for Sergio Moro dollars action. And Senate Beckham has another but the impasse over five eighty nine today at this conversations with my colleague and friend Senator Solomon thank you bye senator for today we're going to Roger we're gonna pass over Senate bill five fifty nine without objection. In the House Senator Hester. Senator Flippo recognized. Members I just ask you all to to take please keep Senator Clark and his family your prayers he just found out earlier his father is not doing well I don't know any details but he's where he needs to be which is with his father so if you'll just please keep him his family in your prayers Rhaetian thank you senator Flippo or anyone else any items at this. In any items at the desk Senator. President will your committee on Bills to whom was referred senate three forty one by Senator Ballinger Senate bill four forty seven by Senator Caldwell zero four forty four by Senator Elliot Senate bill one twenty one by joint budget senate fifty by joint budget compared the enrolled copies with the original find same correctly enrolled and delivered to the governor at nine thirty eight AM this morning. File. Where your committee on engrossed bills to whom was referred Senate bill ten by Senator Wallace the engrossed copy with the original find same correctly engrossed. Committee on engrossed bills to whom was referred Senate bill two forty two by Senator Stubblefield as engrossed copy with the original find same correctly engrossed retirement Committee on engrossed bills to whom was referred senate bill three fifteen by Senator Ballenger and engrossed copy with the original find same correctly engrossed Judiciary Committee on engrossed bills to whom was referred senate three fifty three by Senator Irvin. Copy with the original find same correctly engrossed Judiciary Committee on engrossed bills to whom was referred senate bill four O. five by senator garner compare the engrossed copy with the original find same correctly engrossed state agencies Committee on engrossed bills to whom was referred Senate bill by sixty nine by Senator Hester compare the engrossed copy with the original find same correctly engrossed Education. We are committee on engrossed bills to whom was referred house bill seventeen eighty eight No representative five compare the engrossed copy with the original find same correctly engrossed in a county local. For your committee on Iraq right to whom was referred Senate bill two twenty six by Senator Chesterville recommend to pass her in a member house amendment number one calendar. Committee on engrossed to whom was referred senate bill four eighteen by Senator Dismang recommend to pass to concur on house amendments numbers one and two counted Committee on accurately was referred house concurrent resolution ten fourteen by representative Wardlaw recommend to pass. Our communities by to whom was referred house bill seventeen fifty five by representative Jett recommend due pass counted Committee on agro to whom was referred house bill seventeen seventy four represent Penzo recommend due pass counted Committee on city county local to whom was referred Senate bill one seventy one by Senator garner recommend due pass counted Committee on city county local to whom was referred senate bill four sixty seven by Senator garner recommend due pass counted. Committee on city county local to whom was referred Senate bill five seventy three by Senator Ballinger recommend due pass counted Committee on city county local to whom was referred house bill thirteen twenty seven by representative Trent recommend due pass counted Committee on city county local to whom was referred house bill fourteen sixteen members and Wardlaw recommend due pass counted Committee on city county local to whom was referred house bill seventeen forty five a representative agree recommend due pass counted Committee on joint budget to whom was referred Senate bill sixty seven by joint budget recommend to pass. These are not more calendar Committee on joint budget to whom was referred Senate bill one oh eight by joint budget recommend to pass as amended number today counted Committee on joint budget to whom was referred Senate bill one ten by joint budget recommend due pass counted Committee on transportation to whom was referred senate bill four O. six by Senator Hester recommend due pass counted. Committee on transportation to whom was referred house bill thirteen seventy five by representative moved very recommend due pass counted. Six six thirty six by Senator Rapert. Turn to subject to a certain contracts of the Arkansas department of transportation to the Arkansas procurement law Senate bill six thirty six state agencies X. thirty seven by Senator Irvin to amend the Arkansas unpaved roads program act to transfer duties to the department background and authorized part of a grant to promulgate rules and award grant funds in the six thirty seven agriculture Senate resolution nineteen by Senator Irvin to recognize the real special girls basketball team as the class one A. state champion Senate resolution that counted. Senator Davis. Senate you like to make a motion. Saturday was recognized to make a motion. My bill my amendment. Is that what we're on this is your motion to re referred at yes I'd like to make a motion to re referred senate bill four eighty nine back to committee for purpose of amendment to insurance to insurance and commerce yard the the motion the questions. All those of favour say aye. Follows thank you bye. Motion carried Senator house or. All. Eight members one second center. Senator Hester of the floor members this is regarding telemedicine I withdrew from the house last week but I'm not I'm gonna ask suspend the rules so I can grow or counter four Amendment today then it will go back automatically go back to public health so I can hear tomorrow public health in committee so that's my ask that we look look the first motion to suspend the rules you can amend that's right okay the to suspend the rules so I can withdraw from public health for purposes of amendment today. Any questions all those of favour say aye. Follows eyes have a motion secured. We'll come back here and get. Okay. Anybody else living on two Senator Irvin that and Senate resolution ten. Senate resolution ten by Senator Irvin to recognize mount St Mary academy four hundred and seventy years of service to the state of Arkansas. Senator is recognized. Thank you and governor and members of the Senate I'm just really so please and blessed to be able to stand here before you as a proud alumni of mount St Mary academy with us today in the Senate chamber gallery we have with us Patty Davis who is the president of mount St Mary academy Sarah Jones who is the principal of mount St Mary's Susie Whitaker The chair of academy boards as sister Deborah trial let and who is a sister of mercy who prayed for us today she is an alumni of nineteen seventy three class we also have with the students of mount St Mary academy other supporters staff and alumni are here including Ashley Bearden who as you know work with us as a lobbyist and the members of our staff that are proud alumni of mount St Mary academy M. Amy me sat Maryland Connie M. are here with us as as an alumni of St Mary's so members if I could just have your attention to read this resolution. To recognize mount St Mary academy four hundred and seventy years of service to the state of Arkansas whereas now St Mary academy located in Little Rock Arkansas and founded in eighteen fifty one is the oldest high school in this state and whereas mount St Mary's is as it is commonly known as a private Roman Catholic all girls school that serves grades nine through twelve and whereas mount St Mary's was established one hundred and seventy years ago by the sisters of mercy a congregation founded and established in Dublin Ireland by Catherine McAuley to provide solace to sick and needy families train young girls for employment and to instruct poor children and we're out of the establishment of mount St Mary's in eighteen fifty one was part of an effort by Arkansas's first Roman Catholic bishop entry barn to support and serve as a beacon for Catholic settlement in front tier Arkansas and Bishopsbourne travel to Dublin and persuaded the sisters of mercy to send four sisters and five postulate. To the newly formed to diss of Little Rock we're upon the sisters forms the nucleus of the small school that would become mount St Mary's and we're as mount St Mary's continues to preserve its Catholic faith and mercy values such as wisdom compassion and integrity the cultivation of which through a comprehensive curriculum helps young women to navigate life and continues to be supported by the sisters of mercy along with the mercy education system of the Americas and were as under the current leadership of president Mary Pat Tricia Patty Davis now state merry's celebrates the anniversary of almost two centuries of service and fortitude and we're out as president Davis notes our educational environment is focused on excellence in both faith and academic formation it instills young ladies with confidence in their own employees as well as an equally strong desire to give back to their community and we're as equipped with knowledge the graduates of mount St Mary's do indeed leave with confidence courage motivation and drive and are fierce pioneers you are passionate about making a difference in their communities and the world now therefore be it resolved by the Senate of the ninety third General Assembly of the State of Arkansas that the Senate recognizes and celebrates one hundred and seventy year history of mount St Mary academy and the transformative power of faith and knowledge be it further resolved that upon adoption a copy of this resolution shall be transmitted to president Patty Davis by the Secretary of the Senate is my great honor it is my great privilege to be and the lime of the class of nineteen eighty nine and to join and stand with you ladies and students in this incredible history of an incredible institution the oldest. High school in the state of Arkansas and with that I ask for a good vote from the members of the Senate to recognize this incredible history an accomplishment by the sisters of mercy. You know the resolution all those of favour say aye. Is haven't resolutions adopted thank you thank you senator Orrin. Senator garner recognized yes Sir to make a motion to refer Senate bill four fifty eight two interim study yes my bill dealing with licenses Senate bill four fifty eight interim study. Senate bill four fifty eight any questions all those in favor say aye opposed. Is haven't. Motions of adopted Senator Sturch is recognized. Thank you Mr president colleagues says Secretary Corwin for me that Senator Clark had a amendment to pass for Senate bill five seventy six because he's not here today to sign for members own so what I'd like to do is re referred Senate bill five seventy six back to Education Committee so that we could here tomorrow and get it passed. Well as a favor say aye. The eyes have it members of the motion is carried. Senate bill five seventy six re referred you got Hello but. Subscribe. bekam. Amendment three to Senate bill three eighty eight your Senate bills on Amendment Senator. My bill my amendment All the favor say aye. Close as it is not the Senate version Senator Ballinger. Ballinger Davis Hickey then ask for Senator Ballenger Amendment one Senate bill five seventy four. My bill my amendment for those of favour say aye. Is have it members adopted senator to senator Davis. Amendment one Senate bill six fourteen Sir David. My bill my amendment for those voters act those have it members adopted center Grove president Senator Hickey or county Amendment one Senate bill six twenty two. My bill my amendment to his bill is amended all those in favor say aye opposed I have it members adopted senators you Senator Hester or. This is the amendment three to house bill ten sixty three the members we suspended the rules for previously yeah. But where did that but this is this is the bill members my bill my amendment all those in favor say aye. Close my eyes have it members adopted senators and move them to Senate bills for a third reading it centering on wish to be recognized. Centering around. Got the floor. we had a vote yesterday on house bill eleven seventy two U. five already forgot about it but it sailed and I would make a motion that we expunge the vote. Any question all those in favor say aye. The motion carries. One loud voice is not overcome many many other more quiet. Senator Senator Tucker we'll pass over you can go up Senator Irvin Senate bill three ninety five thank you this thing was some visitors so we will pass over center to go to Senator Hester. Senate bill four sixty six by Senator Hester to clarify the regulation of psychiatric residential treatment facilities. Senate. Thank you governor members this bill rush me by DHS and basically in two thousand and three when they started requiring permis me see here. Waster requiring permits to operate a a health services permit by the Health Service permit commission they grandfathered in some companies that that already had those permits what this is clarifying is doing is saying the facility that they had permitted is grandfathered but that company is not forever is that particular company can just continue to open him up without without going through the permitting Commission so anyway this just clarifies that that particular facility is grandfathered but not the company any time they wanted to open a new facility happy to answer any questions. Are there any questions Senator Hester. Seeing no questions anybody to speak for the bill against the bill Senator Hester indicates he's close for the bill be objections rolling the vote. Seeing no objections Madam Secretary please role of a Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. DO any senators wish to vote or change their vote to the right side of the chamber first. Seeing no one anybody on the left side that you were. Seeing none madam secretary please cast up the ballot with thirty three days Senate bill four sixty six has passed. Transmitted the House. We will now go to Senate bill five five three senator Johnson Senate bill five fifty three by Senator Johnson to create the Arkansas state capitol in historical monument protection that. Senator Johnson you're recognized thank you Mr president. Of the title of the bill describes what the bill does we've been working on it for some time it's basically it protects the store call monuments from Vandalism. Damage destruction or otherwise being to store it does not prohibit a governmental entity having responsibility for maintaining a those monuments and taking proper measures for the protection care of there has been questions raised. Concerning. A possibility and I'll kind of paraphrase it if you have a water main break under statute. And you move the statue to fix the water mine we committed a felony well because it was just done clear enough for me to wonder myself I have prepared an amendment that I have pledged to add in the House which will fix that problem and the The the governing let me read the language from the amendment again this is not to be considered acts hasn't gone through review but we will add this in the House. It says. Does not prohibit a governmental entity having responsibility for maintaining a historical monument from taking proper and appropriate measures in exercising proper procreate means for the protection preservation care repair or restoration historical monuments. The temporarily remove or relocate historical monument for time less than thirty days to repair public property or any public public infrastructure surrounding the historical monument if the governmental entity removes relocates the monument for less than thirty days there's also a provision where if the of repair or replacement whatever the. Need I use the example of a broken water main under statute if that's not take more than thirty days they can grant away or obtain a waiver from the Arkansas history commission to take longer than the thirty days but it's it's basically automatic if it's a if it's a simple repair and takes less time than that of. We also had a question of. If someone takes a. Block of. Stop in sits it out somewhere in mark something down and someone comes on so that's a monument you have to protect it you can't move at all that so how do you. Discerning between something that's rather silly like that and someone's trying to mislead the public or are the government on what that is how do you discern that well the answer came up with the is that the yeah historical monument it existed on the effect existence on the effective date of this act is considered a historical monument for the purposes of this of this bill. And anything that is added after that time. You must to. Approach the state history commission and they are authorized to promulgate rules to to for the process to say we just built this thing and this is now a monument and we wanted under the protection of this act is a historical in the history commission consigned a fact yes that's historical or non now this doesn't rise to the level of historical it basically says everything that a monument today is a monument in everything a minute it in the future someone says is a monument they have to go to the history commission and have it Certified or registered that that it is indeed a historical monument and it will also An emergency call so that there won't be an internment team or someone could do something like the. I think you can do that because it has to be approved by the legislature but say put this satanic monument over here one of the empty areas of the Capitol grounds and say oh no it's there you can't move it so we think we've covered all the eventualities some of you may have gotten a contact from the municipal utilities that has some concerns and this amendment has not yet been reviewed by the bill our review staff but I do want to share with you that those concerns are out there and believe that we will take care of it to everybody's satisfaction in the house but but this bill is to address the problems we saw happen last year on our Capitol grounds the vandalism and other such things that happen is to protect our monuments many of your co sponsors I'm grateful for that it came out of the state agencies unanimously so I am grateful for your support be glad to answer any questions. Are there any questions for senator Johnson I have the first questions Senator Teague. Thank you Mr president. Mr Johnson I just had a call. Just the phone talking on my municipal utilities and I think you may have been dealing with that a lot of the appeal could could say again whatever you said there yes Sir Senator Teague and I was answering that I've drawn amendment that we added in the House to address the concerns that the the municipality municipal power emission is water works hand on that as as I said The question came what if a water main breaks under a statute in remove the statues that may cause a felony no we will clarify that clearly in the amendment that will be added in the House thank you thank you for the staying in sequence Senator Hendren you're recognized for a question thank you Mr president couple questions first one is It says the State Capitol but in the definitions of talks about public property is this affecting more than just the state capitol yes Sir thanks monuments on public property doesn't affect monuments on private property so in city parks yes city squares yes. So for instance in the city of Bentonville after several years of. Trying to negotiate a new place for one of the monuments on the square they did re located yes with agreement from everybody involved and there was no conflict so this would prohibit that from happening elsewhere it would allow that and it would be as long as you're moving it to another place of honor preserving it now if it's. In some cases it might require that the Arkansas history commission review the change if this bill have been in effect prior to the Bentonville situation they may have had to present it to the history commission but the fact that there was a compromise in a I think a very good one worked out on that particular statue then that would would be allowable they would might be a a review by the state historian of the state history commission to to do that just to keep it from but they're being abuse of of of the actual because if if if for two parties involved and that's the only parties involved it shouldn't be a problem if there's multiple parties and multiple questions it would let the experts in historical matters to to to authorize it but in my opinion because that was intrust city it was none within the bill that I don't think it would affect it at all but to the ideas to clarify that I guess I don't see that in the bill what I see is a historical monument shall not be relocated. Well center first of all the Bentonville bill is is a done deal and it was done well and this might be yet another thing we can touch up in the House to clarify the key is if it's moved for a reason to preserve it then it's preserve as opposed to vandalism or destruction or or something that's a negative thing to the actual line. Again I and I hear what you're saying but it does not match up with what I'm reading with regard to the limitation on moving any historical monuments any public property. Yes but if you look over on Page. Three starting a line twenty six there are some exceptions that to apply including The waiver being granted by the history commission so again what you're saying is any city that wants to relocate a monument on their Parker remove the monument from their part. But it says it shall not be done first off but then you do say there is an exception you may ask the history commission say they have to give it a waiver or whatever but that's the process right now you're basically saying no monuments we moved in the State of Arkansas on any public property unless they seek in and receive a waiver from the Arkansas history commission thank. Senator Tucker you're recognized for a question. Thank you Mister chair I just it really follows up on. What senator Hammer Hendren was just asking and I want to kind of have some of those questions we had in the committee to municipally testified. About the broad definition. Of the monument in the bill it includes for example even a name plate and as the testimony reveal that you know in in city and county offices throughout the state there's a name plate on the door just to just to say who works in that office and the point that he made was they would have to go through the history commission just to change the name plate when someone who goes to work in that office and so I I guess I just want to raise that question here on the floor and if you could maybe speak to some of the other concerns raised in the testimony by the Municipal League for the for the benefit of the body I would appreciate. Thank you senator occurred and first let me say that unless that person whose name plate was on that door was consider historical figure like I know you're going to be some day and we're going to preserve your office for posterity I hope but unless it was someone for example if you've ever been to the United States Senate you know there's a famous desk belong to Daniel Webster and that's obviously a little more special desks in the other ninety nine for example that would be an example of something that was a historical person and something like that but as far as a normal name plate it would not apply now one of the things that'll be corrected in the amendment in the house is to clarify that and someone used the example if you had a photo of the former head of an organisation hanging on the wall with his name that you couldn't move it without this being in there and we're going to clean that up and make it clear that it's perfectly all right to do that we're hoping that that the intent and and again you get into the intent is versus what the law says but it would protect a minute. Picture of the safe former president pro tem of the Senate and we have those in many of these rooms including three oh nine of those if if those were to be disposed of they would be done in a manner that would allow the family to get it or or some other entity that has an interest in that it but but it would keep something that truly has historical value from being thrown away and if there's any question about it we turn to the experts in state government on that which is the history Commission I hope that answers your question and I will say that I believe we we addressed the serious concerns of the municipally except for the fact that anything we do that tells city what do we say we hear local control local control and and as far as is monuments we we this is not total local control it's the state control over something that is important to me of our citizens to protect these historical monuments and I think that experiences we had a last year on the capitol grounds in the vandalism gives rise to even more important that we we protected I hope that answers your question. Senator Chesterfield you're recognized for a question and then we'll go to Senator Ingram yes thank you. Mr thank you senator Johnson the taking my question I am struck by the fact that the city cannot even remove the street sign that's not in no ma'am I took I had a bill in twenty seven twenty nineteen that did have that kind of restriction but this does not have one member to both patients who am I reading the wrong bill on page two line twenty five it says. Our system does not include a street sign. The national register of historic places. Four in a veterans cemetery historical does not include the streets I well that's a good thing to know me ask you this thank you so much for clarifies that I appreciate it if the city has an opportunity to attract a business to a particular area. And we have say for instance. Historically black disability. That in order to move that historic land display is going to have to go to the history Commission. Yes ma'am that's the way the bills written it includes a historic plaque displaying their some places where you have give me an example of that because most blacks if they're real flag they're gonna tear up after so many years and if I would walk by in a historic setting and I see a flag sale my brother's grave and he says he was a veteran and I find that that flag has been Hurt by Lorraine of soil if I take that off and I and some kind of jeopardy no ma'am you wouldn't be changing the display as a matter of fact it Sir it specifically allows for maintenance of the I think any cap thank you jim and I know on the capitol grounds we have for example on the Vietnam veterans memorial we only have the American flag we also have this POW MIA flag certainly allow that to be thank you so much reading the use of this. Senator Ingram you're recognized for a question. Thank you senator John talk briefly before this of the Arkansas municipal power association which is got five the. Top ten cities in the state images get Jonesborough Conway Benton Paragould Osceola North Little Rock Bentonville hold West Memphis they're all in this group and they have some real concerns about this bill and I know that you were drafting an amendment of that it would address those concerns. I would respectfully ask instead of talking about of the committee on the house in ambushes to opposed to this and it makes a lot of us have to be opposed to it up because of the part about commanding in on the other end we would like to know what we're voting on it which all agreed upon of that amendment that you're drafting is not agreed upon amendments as far as I know and I would ask it with we've still got time the session you don't have time to amended here and so that we can all see in that because of the power association covers so many cities in this in this state. Senator Ingram I will tell you that I have had this bill since it's been about three weeks now how only really heard from the our association people within the last few days and I only got any kind of a language for an amendment and it was not from they're turning it was from their lobbyists to I think work very hard to try to reach an agreement I went point by point over their concerns. And the address them in the amendment R. BLR staff was unable to complete the amendment and get it to. Over here in time for us to maybe the doctor this morning senator grocer presented to committee so I made the pledge and gave my word that I would would put those amendments on in the in the house it's this is something frankly I've been working on for two years I'm I'm ready to run we have multiple co sponsors as you know and and I do pledge to meet their concerns the again the only one I don't think I can can meet is local control where the local body has total veto power over anything that would be in this bill but as far as as addressing their concerns as utilities absolutely I pledge to get that done because simply those are simply legitimate concerns we don't want to stop of a Richard water main from being repaired but I don't think those uses are incompatible I think we can can fix can gently move a monument fix the water main put it back where it is or even if necessary story for a period of time and then make a repair and then come back so that was the the gist of of their concern they didn't want anything that was doing their job to somehow or another be criminalized and I don't either and I appreciate their concern I believe that that put we've gotten and again it was has not gone through review it be L. R. but it was drafted by one of our attorneys there and I believe it will meet all their their Concerns and we'll discuss that with the prior to running it in the house will come up with something that they're comfortable with I think it is it may be more than just one if I understand it's more than one of the things that are in the right of way or what could be a wrecked in the right way I think it's more than just one issue that they let a lot of us to believe so thank you for answering my questions thank you Sir. Johnson. Would anybody like to speak against this bill. Would anybody like to speak for this bill. Seeing none Senator Johnson are you close for I appreciate a good vote I know the citizens of Arkansas Preciado S. two hundred we can to preserve our heritage R. State Capitol grounds are monument thank you so much I'm close Mr prince Senator Johnson is close for his bill is there any objection to rolling the vote. I have an objection rolling above madam secretary please call the roll Ballinger. Ballinger. Back. Bledsoe. But. Caldwell. Chesterfield. Clark. Davis. Davis. DISMANG. DISMANG. Eight. Elliott. English. English. Flippo. Flowers no. Garner. Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. Ingram. Irvine. Irvine. Blake Johnson. Mark Johnson. Leding. Leding. Page I Rapert. Rice. Sample. Stubblefield. Seven. Sturch. Sullivan. T.. Tucker. Wallace. DO any members wish to vote or change their vote will do the right side of the chamber for does senator Davis is a yes anybody else on the right side of the. Left side any members wish to change their vote I'm gonna Senator Irvin is a yes anyone else. Scanning the entire chamber madam secretary please cast the ballot. With twenty three eight eight nine eight two non voting Senate bill five five three as passed transmitted the House. We will move. Senator when we passed over do you want to go back to your bill Senate bill. They are the Senate bill three ninety five three ninety five by Senator Irvin to modify the annual cap on diagnostic laboratory services in the Arkansas Medicaid program. Thank you members to serve president thank you members what this does is and right now you have an annual cap on and diagnostics of five hundred dollars for Medicaid patients and when we added a chiropractic visits to to be allowed for primary care visits a lot of that at five hundred dollars gets kind of even up so to speak by the radiology and procedures and so what this bill does is actually creates a five hundred dollars cap for an annual cap for an laboratories and then an additional five hundred for radiology and you can always appeal that if they go over there cap in get and an extension of benefits an EEO be in order to meet that requirement but this is a step to make sure that those patients I do have your chronic diseases your diabetes and those kinds of things can make sure that they get their blood draws and their blood labs and done monthly and so it's just a it's a good bill that will help our Medicaid patients and also primary care providers and treat their patients so ordered DHS on this bill and that and members of public health and senator Bledsoe so I appreciate a good vote. Are there any questions for senator urban. Seeing no questions are there any senators wishing to speak against this bill. For this bill. Centerman or your clothes for your bill I am thank you members any objection to roll out. Seeing no objection madam secretary please role of Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Cast up about thirty three Asian nations bill is passed transmit to the house. Several Passover so recorded a Senator sample. Senate bill five ninety two by Senator sample to amend the definition of beer to change the alcoholic content and to include malt beverages and to set the minimum size of certain alcoholic beverages to be sold out for off premises consent seven. Passover's Senator Hammer. S. B. six zero seven. Six of seven by Senator Hammer to modify the requirements for a peer support specialist in the Arkansas Medicaid program entry made a reference to the Arkansas substance abuse certification board. Senator sample of service center and. Thank you Mr president this is in reference to ACT five ninety one to two thousand nineteen when the program was set up it was specified in the language one particular vendor which providing it what this does is allow the accreditation organization to be approved by the Arkansas L. Arkansas ELCA Hall and drug abuse coordinating council so that they can have discretion make sure that they're certified program will be glad to answer any questions. Question. Thank you and thank you senator Hammer for taking my questions. Use granted somebody else though. I just have to sit in the record rather quickly. It's saying here in peer recovery by the Arkansas substance abuse certification board why then is it changed to the alcohol Arkansas Code drug abuse coordinating council what is the difference between the two and why is one better than the other sure thank you no one may be I'm not sure the other one is in existence or so going to be in existence and so they wanted to transfer to this group and the and the importance is that they would have the ability to make sure that who's handling it is accredited to bring it to a higher standard and higher level thank you Sir I appreciate thanks for the question. While. Again for. Any objections so the clothes we showed good vote thank you and Jack straw the vote. Please roll Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice samples Stubblefield Sturch Sullivan Teague Tucker Wallace anyone wishing to change their vote. Cast a ballot thirty three eight zero nays bills passed transmitted to the house. Notice of passage of house bill fifteen seventy have or are having overridden the governor speak to. Senator is recognized. For those to be recognized for motion. And I wish to I wish to be recognized for a privilege motion. I move that the Senate reconsider passage of house bill fifteen seventy not withstanding the veto of the governor can have a motion for reconsideration any questions. All Senator Teague. Yes Sir any other questions all those in favor say aye hi. The ayes motion carried Senator Flippo. Fifteen seventy by representative Lundstrum and senator Clark to create the Arkansas save adolescents from experimentation safe act. Senator Flippo you're recognized. I'm a firm with and real quickly make sure. You're recognized thanks president members I move that we override the governor's veto of house bill fifty seven fifteen seventy and I appreciate a good vote. Thank you make a motor. Yeah. The motion you're just presenting the president yeah okay. For the center. Speaking against Senator Tucker is recognized. Senator. Thank you governor. I'm thinking about an exchange on the floor from a few weeks ago between senator garner and Senator Hendren that I think is relevant to this to this bill House Bill fifteen seventy Senator Garner was presenting a bill to create a process in the state government to to push back against presidential executive orders Senator Hendren asked them well he noted the fact that in nineteen fifty seven president Eisenhower. Over to the Arkansas National Guard an executive order he asked whether the process created that bill would allow the state of Arkansas to push back against the presidential executive order like that and senator garner rightly responded to say that governor Hutchinson would not be preventing African American kids from going to school. Absolutely and if anybody suggested racial segregation in schools everyone in this room everyone in this building would stand up and righteous defiance against that absolutely because that is obvious to us today in two thousand twenty one. But it was not obvious to the thirty five people in this room in nineteen fifty eight. When governor fob was called a special session after the desegregation of Central High School and they passed several bills in that special session one of which was to allow for racial segregation within schools that had been desegregated and that bill passed out of this chamber thirty three to nothing. Another bill was to allow students to transfer unilaterally out of a school district if that district had been desegregated and that bill passed out of this chamber thirty three enough. Another bill allowed governor fob us to close high schools and he make use of that bill to close every high school in little rock and there was no public high school education in Little Rock for an entire school year as a result of that that bill passed out here thirty three to nothing. The last bill I mention required every person employed by a public school in Arkansas to sign an affidavit to say whether they had been a member of the N. double ACP in the previous five years that bill passed out here twenty six to seven. All in all there were fourteen bills passed in that special session and seven of them were struck down in court now sixty three years later in this room we know that those bills were wrong. But it makes me wonder. What is not obvious to us that may be obvious to our grandchildren. Now course I have my own ideas but the truth is I I don't know the answer to that. No one does but I can look at our history and try to learn from it. In that special session the way I would sum it up is the most powerful people in the state were bowling the most vulnerable people in our state. I wish I could say that's the only time that's happened in the history of our state but it's just not true it's happened time and time again in this building. And I just wonder when we're going to stop doing that. Because I think we're better than that and I know we're all taught differently than that I've been taught as I know everyone in this room as that if we only love those who love us than what is already ward. And I've been taught as I know everyone in this room has if we see a stranger our job is to welcome that strange and to let them and not close the door and turn our back and so what I see this bill is the most powerful again bowling the most vulnerable people in our state. How. Whether that's going to be the case judge rightly or wrongly sixty or seventy years from now again I have no idea but I I have to. Come down here and not sit in my seat and let that happen because I don't know whether I'll be right seventy years from now but I do know that I want to be able to sleep well in my bed tonight for that I'd encourage you to vote no on overriding the governor's veto of house bill fifteen seventy. Question for. What we're. I have. The motion that first also. For disagreement we have. But to protect children I moved for immediate consideration. So have. You for the motion questions. All those of favour say aye. Follows. I have a motion carried motion for committee consideration. Call the roll. Yeah. Yes this. To be clear yes vote in this vote is to override the veto. Ballinger. Beckham. Bledsoe. Caldwell. Chesterfield. Clark Davis. DISMANG. Aids. Elliott. English. Flippo. Flowers no. Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. Yeah Ingram. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Rapert. Rice. Sample. Stubblefield. Sturch. Sullivan. Teague. Tucker Wallace. Anyone casts up the ballot twenty five Yeas eight days to leave the override of the bill the the governor's veto is overridden the bills passed. Return to the House senator or sample you got out we passed the bill so sample you will. Bring up H. B. ten forty four. Sure. So recognized and well known to the house bill for third reading passed. Senator Clark had a question I don't know if they. Contact been able to contact him to answer these questions so I'd like to see okay so we're passing over HB ten forty four. We move on Senator English H. B. ten fifty three. Ten fifty three by representative Dotson is Senator English to allow the secretary of the department of finance and administration depart the director of the coordination division and to the state that the appointee meets the legal qualifications for the position. This will be Senator English than Senator Hester than Senator English Senator English thank you very much this bill is due to transformation and of the department of finance administration has taken all of these agencies under their wing the director of the assessment coordination will be appointed by the FNA director instead of the governor any questions centering on center Chesterfield recognized. Yes I have a question by Senator Blake bullying me about it my question is why are we taking ourselves out of the process of the confirmation. I don't have the answer to that. I don't know okay is it just troubles me that before we had a say in who that individual was and that this bill that will remove our ability to say anything at all about the appointment I guess because it was a governor appointee at that point time this is not a governor appointee is not a governor's appointee anymore no okay thank you. And so I'm just a little bit. This is several times now or there's several bills that kind of following the same thing in. And I'm not sure so the governor doesn't want to have the appointment authority at this. At this time and is wanting to relinquish that to. I guess another one of his appointees I I just I'm a little bit surprised that we're doing this but. Well I think all of those agencies assessment coordination was its own organization the tobacco control was it it was almost part of all the cabinet and I think with transformation those have all gone underneath the department of finance administration and so there is probably not the deed for that cabinet level appointee anymore. Gas under our wishes to speak against. Segar recognized. Thank you I just fundamentally disagree with us giving away confirmation authority we seen this last week that how important that could be it's something I believe and for the Senate body will need when it comes to future appointments we seem to think that things in Arkansas will be stagnant for how our political forty make a beat. On the reality is that is nothing is set in stone politically from not only ten years down the road but for tomorrow I live close to Louisiana and Louisiana would have a Republican governor right now if it wasn't for a tenant they put in there we had some very very bad history allows a person of the other party to get in there when it comes to confirmation you never know who's going to be in that spot any time we take the Senate on that process it makes me worried even disappointment is something we would never bring up if there is a chance in the future we could now we do not have that ability to do it and I just disagree with that across the board I think we should be expanding that power not pulling ourselves back for that'll be enough. Anyone wishing to speak in favor of the bill against centers right to close centers closed. Any objection on the vote. Please call the roll madam secretary. Ballinger. Ballinger. Back. But. Not Bledsoe. Bledsoe. Caldwell. Caldwell. Chesterfield. Chesterfield. Clark. Davis. Davis. DISMANG. DISMANG. Eighty. Elliott. Elliott. English. Flippo. Flippo. Flowers. Flowers. Garner. Gilmore. Hammer. Hammer. Hendren. Hester. Hester. Hickey. Hickey. Hello. Ingram. Ingram. Irvine. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. Mark Johnson. Leding. Leding. Page. Page. Rapert. Right. Rice. Sample. Stubblefield. Sturch. Sullivan. Teague. Teague. Tucker. Tucker. Wallace. Senator Teague is no. Senator Dismang is no Senator Tucker is Senator Elliot or both no correct no Senator Ingram is no. Senator Bledsoe. I Senator Bledsoe on Senator page no Senator Hammer. No. Senate Chesterville NO. Over here Senator Ballenger aye Senator Hester no. Loures president. Senator flowers president Senator Leding I. Senator Rapert no. Senator Irvin. President. Senator mark Johnson a form that no. Sure Caldwell. No. You better make sure looks like. You would. Anyone else. Anyone else Sabrina are you caught up on all those on the that was quite a flood of. Votes cast up the ballot. Seventy eight twenty one days three not voting to present to lead the bill fails Senator Hester. Tino table represented by to require the chair facemask coverings B. one by certain persons if interacting with an individual who is deaf or hard of hearing during certain disaster emergencies. Senator Hester. Thank you members Representative five or call session on this it is basically made it all the permissible like the hope is that uh people would just have a general understanding indecency when it comes to times where there's a emergency order they have to wear a mask if they were clear mask but this gives so many outs they can pull their mass down to communicate they can use tax they could use other electronic devices they can use of rock or they can write it in like basically anything that a good decent person would do to try to communicate with somebody in a time of need they should they should do. Pretty simple bill appreciate a good vote. To see the exact or for. Follows any objection one vote. With. English Ingram Mark Johnson after this. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyone wish to change their vote. Cast a ballot thirty three eight zero nine the bill is passed return to the House Senator English. Fifteen fourteen by representative makes the Senator English to prohibit a data company from preventing authorized access by a public entity to the public entities that. Centering. Thank you I hope this isn't as popular as the last one. What basically this is out prohibited to prohibit a data company from preventing authorized access by public access you know we we have contracts and in so many different organizations and companies collect data from all kinds of of agencies here in state government we want to make sure that we can get that data back yet in a form that we can use or make an agreement with whoever or contracting with two of dispose of that that data so we don't want to vote for sold but right now one of the things that happens is we don't have the access to the data and we can't always get it back. For any questions anyone wish to speak against for centers closed any centers close any objection on the vote. These rules. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. In which change their vote. Cast a ballot thirty three eight zero nice bills pastoral House Senator Ingram. House Bill fifteen forty five a representative Davis and Senator Ingram. To update the Arkansas Code regarding language associated with autism spectrum disorders Senator Ingram thank you of this bill is result of a recommendation of the autism task force it came through Senate health unanimously the only substantially change that in this is allowing two rather than three professionals to provide a diagnosis currently policy requires any MD a psychologist in a speech language pathologist for diagnosis this bill would allow only two of we we just require two of the three it will speed the process of diagnosis for families and especially in rural areas and is you all know that is dealt with autism if we can get to the children are the time there three or four years old we will we can have them they can lead to very strong productive a life of I'll be happy to answer any questions I appreciate a good vote. Any questions anyone wish to speak against for centers close any objection one vote please hold while. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. One was injured but. Cast a ballot thirty three eight zero nays bills passed during the House center mark Johnson. House bill seventeen seventeen by representative Lowery to amend the law concerning sick leave for municipal police. Thank you Mr president this bill by representative Lowery and it has to do with our district the city mall mail some of you may remember when Maumelle had public safety department thereof the firemen and policemen were the same morning images title city and their twelve hour shifts well now that their first class city of over seventeen thousand people they still in the police department have twelve hour shifts what this would do would tweak the law to allow municipality to approve a cruel of more than sixty days of sick leave by ordinance it's permissive and it's local control so this would allow more male that has twelve hour shifts to slightly change the accrual of sick leave in the in their police department I'll be happy to answer any questions any questions they always speak against for service closed I'm close you need a strong. Please roll Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Anyone was injured vote. Cast of about thirty three eight zero nays bills passed return the house Senator hammer than Hester than Sullivan Senator Hammer. Nineteen sixty five by representative Lundstrum and senator Hammer to amend the law concerning the division of workforce services law to modify the unemployment insurance program to prevent detect and recover unemployment insurance fraud and declare an emergency. Senator Hammer thank you Mr president some the may got a call from serving constituents about having problems with their unemployment insurance this bill will help go toward fixing that what this bill does is it will take and for up to three year period divert a portion that is currently identified that's going into the trust fund and it will redirect it in order to be able to upgrade the software system that DWS is using currently the software system the program is about fifty years old and that's part of the reason we had so many problems is it's not a current program so what this bill will do is it'll the first that percentage away for up to three years to pay for the cost to get our system modernized so that we are working with state with an old system and then one that is done that money will go back into the trust fund as it was this is not increased it will not go against anything against the employers and it'll reset once that is done I did ask the question in committee about loan bill about of the procurement process will be put out for competitive bid because some of the feedback service and gotten is that the current consultants are offering advice to the you know to the current system maybe not been as good as we thought they were going to be so this or go through the procurement process and that's what the bill is all about because questions Senator. Senator hammer I'm frustrated. With the difficulty in getting people's playing. You think this will help yes Sir I think we all share that frustration and again part of problem is is that the system that is currently being used as a self designed system and this will allow us to be able to get a of a system in place that will make it a modernize for fishing be able to handle it more expeditiously president several times and nobody gave a dying over there I appreciate it thank you. I have a question. What we. For. Close close appreciate a good vote Jackson rollover. These are all the vote Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyone wish to change their vote. Cast a ballot thirty three eight zero nays bills pastor of the House mercy closed up to the amount Senator Hester than Senator Solomon to round out this day hassle seventeen sixty six by representative Wardlaw to increase the state contribution to the State and Public School Life and Health Insurance program. Senate. Immersion right now the state to we have given the the state the ability to pay up to four hundred fifty dollars a month towards these insurance plans they are capped out at that in there asking to extend that hundred dollars not that they will use all that a hundred they need authority if they want to increase increase helping offset some insurance cost of moving forward so this just gives them the authority to pay more should they choose to. Happy to answer any questions questions Senator Blake Johnson. Is it a state or the school district that'll be paying a hundred dollars well it's it says. Both. Well no it's it's up to a hundred they may choose to do ten this year fifteen next year but if they vote no more to increase compensating on that then then they could right now they're paying all that they possibly can schools are we are so does that increase costs or impact written in the it it absolutely would increase costs if they choose to contribute more but health care costs are going up so the the cost referring to provide insurance are going to where they can offset part of that put it all off on the employee. Thank you any other questions anyone we speak again for centers close. Yes if you want to vote. Robot Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyone was injured vote Senator Blake Johnson is president anyone else. Senator samples present as well. Anyone else cast a ballot thirty one eight zero days to present the bill is passed return to the House last bill the day Senator Solomon. House bill seventeen ninety seven by representative brown to repeal provisions of the law concerning the authority of the child welfare agency review board promulgate or enforce certain rules VOL thank you Mr president members of running is for DHS it's very simple it just over it's removing corporal punishment language as these programs serving foster children and adolescents who experience trauma I'm not aware of any providers who are doing this. Any questions. Senate questions Senator Sullivan. Thank you. Leding because I thought you were saying that they could use it so you're saying now. That they don't want any rule and all concerning corporal punishment how does this work because it isn't going with the rest of the language in there for I know it's hard to understand yes it was for me to that's why I was hesitant to read. Double negatives in there but apparently it says a tiny Williams spoke to this yet the deck Committee and it it just says that they have never moved forward with promulgating such language so this apparently removed as not a parent from what the shore bill reads what they're not trying to promulgate and have never tried to promulgate any language to allow for called corporal punishment and this apparently just removes the language. My mess it up if you'd like to speak for the bill. Well I'm good with it if that's the explanation but it age. I remember one time we would always include the rest of the language so that we understand where it stood in the bill and that's the only thing they gave me great angst because I don't know what came before this I don't know what comes after it or anything that's why I have some concern thank you very much I agree. Senator it if it weren't improper I would gin you flicked to you right now so. This is this is this is at least one entity in this state where we are not going to have corporal punishment because we're looking at all of the other issues that might be involved in that are you aware that. Once upon a time I had a bill like this and I got only one vote let's hope this doesn't happen today because this is a good this is a good bill are you aware of that. I'm not aware but I've got one vote of course I know the feeling. You get a question because my colleagues were so nice to me but I. They at least did a motion and a second just so I could get one vote but I want to say I I appreciate you bringing this bill thank you thank you. Anyone wish to speak for Senator has walked away indicating that he's close any objection rowing the boat. Please roll. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Anyone wish to change their vote. Cast about thirty three eight zero nine is the bill is passed returned to the house anything else any other announcements anyone wish to be recognized.