Senate Convenes

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. Ballinger. Senator Irvin will lead to some for. Thank you. There have only father we come humbly before you today asking for you to be with us in our hearts and our minds and that our words to glorify you in that our actions glorify you please help us to be discerning help us to have wisdom as we make decisions on behalf of the state that we love in the citizens that we love or we just also ask special prayer requests for our family members who are dealing with health issues there are many in this chamber and in this capital who have family members that need your help I need your prayers and we ask a special requests for them today. Lord we just thank you for everything you've given us thank you for the grace and the beauty to be able to live this wonderful life and thank you for your son Jesus who died on the cross and so that we can be with you for eternity and your name we pray amen. Yeah. One nation. Any announcements Senator Hendren recognized for the announcmenet. Senator Hendren. Well it's actually an introduction I don't get a lot of visitors being as far away from little rock is my district is that like to welcome the mayor Bella Vista B. Christie appear in the in the east gallery if you to welcome him thank you. Any other announcements. Senator Wallace. Senate also recognize. Thank you. Members I like to reduce you're recognized my business partner how to rush. In his friend Molina Howard by the way was the national champion weight lifting champion nineteen ninety one and ninety two and finished fourth in the world in nineteen ninety three played nose guard for Louisiana tech. Welcome. Good decisions you. Anybody else have a I have an announcmenet. I want to bring your senate Chesterfield recognized. Just wanna personal privilege Mr chairman ladies and gentlemen of the Senate thank you so very much for caring about what happened to me yesterday you don't mess around maybe thank you like me. That's dangerous but I truly appreciated and thank you so very much all is well Blake you do not have to walk on my back but thanks for the offer thank you ladies and gentleman. More bring your attention to enroll in the fifth grade student at Lisa academy. We're over here. Wrote a credible. And he's visiting with us today with his mom branded leakers grandmother Debra hill is teacher Rachel Armstrong and Suzanne Rogers the district public relations coordinator at least academy and Bethany right among the principal at least academy let's give a round. Any other announcements. Any items at this Madam Secretary yes Mr president your committee on rogue Bills to whom was referred Senate bill one fifty nine by Senator Eads Senate bill one sixty one by Senator Garner zero point sixty three by Senator English Senate bill two twenty nine by Senator Wallace senate three thirty three by Senator Eads Senate bill three ninety seven by Senator Senator Irvin said bill for ten by Senator Irvin St before ninety by Senator Garner zero five hundred by Senator Irvin Senate bill five twenty five by Senator sample with complete a. Are carefully compared the enrolled copies with the original find same correctly wrote and delivered to the governor eleven thirty eight AM for his approval. Where your committee on engrossed bills to whom was referred Senate resolution seventeen by Senator English compared the engrossed copy with the original find same correctly engrossed counted. Your committee on Judiciary to whom was referred Senate bill one sixty seven by Senator Clark recommend due pass counted Committee on Judiciary to whom was referred senate five eighty six by Senator Ballinger recommend to pass. Committee on Judiciary to whom was referred senate bill four fifty by Senator Irving recommend to pass as amended number one. Committee on Judiciary to whom was referred Senate bill five forty four by Senator Ross recommend to pass as amended number one. Committee on Judiciary to whom was referred Senate bill five eighty nine by Senator Ballinger recommend to pass as amended number one. Committee on Judiciary to whom was referred senate bill eighteen by Senator Clark recommend due pass to concur in house amendment number one. Committee on Judiciary to whom was referred house bill thirteen thirteen by representative Brad recommend to pass. Committee on Judiciary to whom was referred house bill thirteen that twenty one by representative that's why recommend to pass. Committee on Judiciary to whom was referred house bill seventeen twenty seven by representative shall be recommend to pass. Committee on Judiciary to whom was referred house bill seventeen thirty two representative Collins recommend to pass. Committee on Revenue and Tax to whom was referred senate bill four twenty by Senator Dismang recommend to pass. Committee on petitions on Revenue and Tax to whom was referred senate bill four eighty one by Senator Dismang recommend to pass. Committee on Revenue and Tax to whom was referred Senate bill five ninety three by Senator Hickey recommend to pass. Committee on Revenue and Tax to whom was referred Senate bill five twenty eight by Senator sample recommend to pass as amended number one. Committee on Revenue and Tax to whom was referred house bill ten forty former representative Jett recommend to pass. We are revenue tax to whom was referred house bill ten fifty by representative Jett recommend to pass. Committee on Revenue and Tax to whom was referred house bill fourteen forty three representative Bentley recommend to pass. Committee on Revenue and Tax to whom was referred house bill fourteen sixty eight by representative Jett recommend due pass counted Committee on Revenue and Tax to whom was referred house bill seventeen oh three by representative Fortner recommend due pass counted Committee on Revenue and Tax to whom was referred house bill seventeen oh five by representative Jett recommend due pass counted we are revenue tax to whom was referred house bill seventeen oh six by representative Wardlaw recommend due pass counted. Committee on state agencies governmental affairs to whom was referred Senate bill two eighty eight by Senator Wallace recommend due pass counted Committee on state agencies to whom was referred senate four eighty six by Senator Hammer recommend due pass counted Committee on state agencies to whom was referred senate bill four eighty seven by Senator Hammer recommend due pass counted misstate eighty six to whom was referred senate bill four eighty eight by Senator Hammer recommend due pass counted Committee on state agencies to whom was referred Senate bill five fifty by Senator Clark recommend due pass counted Committee on state agencies to whom was referred Senate bill one nineteen by Senator Wallace recommend to pass to concur on house amendment number one. Counted. Committee on state agencies to whom was referred Senate bill two eighty three by Senator Irving recommend to pass to concur on house amendment number one calendar Committee on state agencies to whom was referred house bill fourteen forty four per person Bentley recommend due pass counted state agencies to whom was referred house bill sixteen thirty seven representative Bob recommend due pass counted Committee on state agencies to whom was referred house bill sixteen sixty six by representative mom recommend due pass counted Committee on state agencies to whom was referred house bill seventeen twenty by representative Dotson recommend due pass counted. Senate bill six by Senator Garner to prohibit the requirement of vaccine passports in Arkansas Senate bill six fifteen. But. Senate bill six sixteen by Senator Solomon to amend the law to prohibit municipalities and counties from of restricting the use of auxiliary container Senate bill six sixteen city county local symbol six seventeen by Senator Rapert requirement written consent of a patient's transferring prescription from a pharmacy require certain disclosures by ownership ownership interest or possible conflicts of interest and prohibit data mining of patient information senate six seventeen Public Health Service six eighteen the center Ballinger to make technical corrections to Arkansas law concerning the acceptance of certain federal benefits promoting vocational education Senate bill six eighteen education zero six ninety by Senator English to amend the term of office of the member of the school district board of directors to amend the date on which an election for school district board of directors shall be held in certain certain circumstances that six nineteen. Education. Senator Leding Senate bills a concurrent and house amendments. Senate Amendment Amendment one Senate bill two nine. Just as. All the favor say aye. Is have it members adopted and rolling Senator Clark not motorboat on. There will. Yeah. In. Yeah yeah yeah rolled Senator Clark. Senate bill two ninety by Senator Leding concerning coverage of diagnostic examinations breast cancer under certain health benefit plans now the underlying bill Serletic same bill passed unanimously couple weeks ago except now some of you are co sponsors you should a good vote any questions they always speak against for for Senators close any objectionable in the vote. 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 it always change their vote. Cast a ballot thirty five yeah zero days the bill is passed. Your. Senator Clark river to amendments to SP three eighty six. Amendment one Senate bill three eighty six. Okay Senator Senate bill. Thank you governor I want to make sure we definitely introduce a doctor the day today after yesterday that the so that we had here I have a good friend of mine Dr Joe shots okay that the medical practice of stairs. Please welcome. And yes so you all know he is in fact in charge of taking care of my body for the rest of my life for the damage I did to it in previous years on things I've done that I should have done he is the man in charge that he's planning on doing a great job and you can see what it done to me so far. But we do appreciate you coming up to shots in governor I would like after yesterday's incident that we had how important the doctor the day really is for us here I'd like to have doctor Joe shall come down here and take a picture with all the senators that's okay with you Sir. But objection while he's coming down yes we're going to cover the next word but so let's get through the thank you Sir Senator Hickey is recognized. Rules. Okay. We can we can recess the modem. Yeah okay yeah the whole day locals these two amendments. Amendment one Senate bill three eighty six Sir Clark of amendment one to seven three eighty six just adds a representative logged was House sponsors. All those of favour say aye. Well as I have it members adopted amendment to the to Senate bill three eighty six amendment to we got the bill through two committees and on to the house floor eighty two discovered that they wanted their name out of it and replaced with a and R. C. and a couple other words taken out there's there was nothing consequential other than me being preferred that they took so long to tell me person a good vote any questions on the amendment. All those of favour say aye. The eyes have it members adopted Senate bill three eighty six by Senator Clark an act to amend the law concerning retail water providers and retail services related services is now the underlying bill as amended Senator Clark. In the fourth session that we done it this is the water bill the municipally back to the water providers back it we've already passed it once and there is no organized known opposition known opposition there are no other appreciate a good vote any questions they always speak against always speak for centers close any objection or the vote. The role. 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 you wish to change their vote. Hours no flowers no anyone else. Caster. Senator Hester. Anyone else. Cast a ballot thirty three H. two days the bill is passed in rolling Senator Hickey you have a do you want. You have any objection to. Senate recognized. Yes I think we made a commitment to that we might not have done so I think that we're just going to recess but just to remind everyone the way that our our procedures and our rules say is basically our senators the staff and lieutenant governor of any course if we have to have some medical people in here that's what it is again you all whether or not you think that's a right or wrong is what we've done and you all know if we start very informal it just turns into one thing after another so but at this point we would love to do this and that will continue for for for this one event on. And then the center point this is an integral part of the from the custom because of code to departure from the custom because the code okay we will take a very very very two minute recess. Senator Ballinger. Senator Ballinger Senate bills amendments. Amendment four Senate bill fifty nine. Senator Ballinger than Wallace in center Davis Senator Ballinger. The question is always favor say aye. Close as have it members adopted centered rejection Wallace. Amendment one Senate bill five eighty five. My bill my amendment. Well I say I. Is have it members adopted should regarding Senator V. Davis. It is passed over the Davis all someone's going to have one former. Senator Tucker. One to House Bill forty fourteen fifty one then Senator Eads then Senator Hammer. My bill my amendment all I ever say aye. Follows eyes have it members adopted center grossing Senator Eads amendment one to House Bill fifteen sixty two stay close talker come back out Senator Eads my bill my amendment all those of favour say aye. Follows eyes have it members adopted center grocery Senator Hammer or. Hammerson's Senator Hester Senator Hammer amendment one to House Bill sixteen thirty six regarding the all. The thank you Mr president my bill my amendment follows a favor say aye. Have it members adopted senators you Senator Tucker. Amendment one to House Bill sixteen fifty one. This is as a cosponsor that's a personal favor say aye opposed ayes have it members adopted Senate version Senator Hester Whitted Passover. Senate. In the. Two nine. Senator garner. Passing over Senator Hester is moving on the senator. T. Garner. T. rex. Read. All. Number Hester. She to read first got. Senate bill two eighty four by Senator Garner to create the offense of capital right one six. Senator garner Washoe county. For. Thank you governor this bill is about giving the ultimate punishment to those who heard in sexual abuse the most innocent among us historically United States law has recognized the need to have capital punishment for the truly worst of the worst as far as her children. Many states have laws on the books to allow for capital rate punishment. Unfortunately spring quarter two thousand eight and narrow five to four decision centers unconstitutional to allow capital punishment for rape. Here's the facts of that case Kennedy versus losing NO. The candy man from Harvey Louisiana was sentenced to death. After being convicted of raping and sodomizing his eight year old stepdaughter. The rate taking place in March nineteen ninety eight was on calmly brutal it toward the victims. Canarium from a job opening due anal opening. It's horrible Jennifer the interior in such a way that separated partially from a cervix and allowed her ****. Protrude from her ****. Invasive emergency surgery was required. That decision happen it was heavily criticized by both sides of the aisle in fact there in oh eight both within. Former a passed away senator John McCain have we criticize it and former president Barack Obama criticized the decision saying it was wrong legally morally and ethically. To be blunt that was in a stream we bad decision by the court and this law will directly go after. Under the new makeup of the Supreme Court in the realities of the new president is we have a chance to challenge that we're going to once again restore the protection the most vulnerable among us. What this bill does increase the offense of capital rate. Mosis loan bill issues cleanup language to add it within our code but the real meat of it can be found on page twenty three or spells out the offense. The main part of capital rate is if a criminal engages in sexual intercourse or deviate sexual activity with a person who is less than fourteen years old and they calls or threat Nicole serious physical harm. They could find the ultimate punishment to death. We had a capital felony rape in there as well those who sell or buy children for the print for continuing to Rapert hurt. We had those used deadly weapon during the rate. And finally those who represents convicted of rape. It's a defendant. Is over the age of eighteen thank you have a death or life without parole if they are under that have life imprisonment with the possibility of death or parole after thirty years. With that I will take any questions from this body any questions for senator garner Senator Hendren is recognized. Thank you Mr president I think he said this in committee but I just wanna be clear this is right now I'm constitutional this this bill if it becomes law correct absolutely okay. Any other Senator Tucker. Thank you senator I just didn't catch. the age of the victim. Does it have to be fourteen years of younger in order for the correct yes Sir that's to delineate what we picked okay so the victim is fifteen years older than capital punishment cannot be in yes Sir I mean the we know how terrible rate is especially noted that the most difficult circumstances what I did want to Carol Ann narrowly tailored this in such a way that when it is challenge which will within him or brought up that we leave this for the truly worst of worst the most innocent among us children fourteen years of age and those who have the the real horror or such threat of harm to the specter informed that way if it's going to upholding course challenge we need to make sure we're there was possible. Thank you any other questions. Anyone wish to speak again. Your wish to speak for. Centers close I'm close close. Your any objection role in the vote. Referral 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 you wish to change their vote Lauer's NO Senator flowers no thank you senator flowers Senator Hendren not voting. Not voting. Sir Bledsoe not voting. Hendren not loading. Okay. Senator Elliot is present okay you senator Clark president. Sir Clark president anybody else. Senate is my number. Senate Sir Tucker president. Sure Chesterfield present anybody else. Well. Twenty seven the H. one nine of three not voting the bill is passed transmit to the House senators we want to go back to senators thank goodness or in here she. Okay okay should not K. Hester's under okay we'll Senator Stubblefield. Senator Stubblefield in Senator Clark. Then senator garner and into from Clark said to ninety eight by Senator Stubblefield to be known as the Arkansas some entry active twenty twenty one concerning the right to bear arms state of Arkansas it concerning other constitutional rights Senator Stubblefield thank you Mr president. Senate bill two ninety eight simply is about states rights state sovereignty and our god given inalienable rights of that each of us received as virtue of us just being born our existence it also defines the powers delegated to the federal government by the constitution and the powers delegated to the state by the constitution it also defines online wanted to thanks to that's the General Assembly who is duty bound to watch over and oppose every infraction against the constitution and the duty of the courts and law enforcement agencies of this state to protect the naval rights of the citizens of the State of Arkansas from any infringement there a. Bill also the bill also lays out penalties for individuals to assist federal agencies and officers in the enforcement of any federal statutes executive orders or directives to conflict with the Arkansas constitution article two section four the Arkansas law. Be glad take any questions. The card center. For question. Senator Stubblefield thank you for bringing this bill I read through it I'm probably going to be a yes vote I still have a couple questions that maybe you can help me either with now or in your closing. The first one is have we done a fiscal impact is I'm pretty certain this is going to cost us money as I read through the bill for federal dollars which began on states rights good bill do we know what is really going to cost us. Second who's gonna be the authority if law enforcement gives. Against this bill who's going to to deal with our law enforcement folks when they violate what we're setting in place and third is there been anybody done any work towards the constitutionality of this bill because I worry about putting our law enforcement between somebody at the federal level telling him something we're we're supposed to be the authority for the state constitution telling them what to do soul that third one is very important to me I think we on the right as the state government to set their priorities. But then I worry about is it going to be us the Attorney General who's going to enforce the punishment back to the second question so those are my three the fiscal who's going to oversee this. And are we a hundred percent sure we're good constitutionally as we go for this bill first of all first of all I don't know of any physical impact secondly not all law enforcement or against this bill the chiefs of police came out and the sheriff's. Organization came out and had some concerns about it but when I whenever I asked the head of the sheriff's organization if he was willing to enforce state law over federal law he said he would enforce state law because it's against federal law in the state of Arkansas and other states that have passed marijuana laws that's still against federal law. But we passed it in our state along with other states so that this the the head of service organization said he would enforce Arkansas law in the state of Arkansas so no not not a law enforcement against when fact why work with the state police that we took out of some areas of certification that we agreed upon and other than that they had no problems with the bill. The other question was well the first one is fiscal responsibility because I think the federal government is going to say if you don't play you know with their age old acronym if you don't follow we tell you you don't get the money so is there going to be a hit to any kind of federal dollars which is eighty percent of our pass through budget in this state but the second thing is I agree with you not all law enforcement are against this and we don't want any of them to be but once someone is against that well who's got oversight tasks to force the punishment of the deterrent because I did I couldn't find that in here of the law enforcement says no I'm gonna do the federal and I'm going to ignore what we're getting ready to pass. Who is the oversight to enforce that. Well like I read the general the General Assembly. It says an online aligned to second page is duty bound to watch over every infraction but also it let it states that law enforcement and the Of. Law enforcement and the AG's office will also be involved I'm sure they will be involved when it comes to determine the cause of the constitutionality of of any infringements that are passed down by the federal government on the state. But in regard to what you're saying about of. These infringements you know the federal government has treated state. For for many years like regional agencies to find our own tax dollars back to the in exchange for doing what they tell us to do exactly that is without question in the comes a time in the history of our country especially now. When we're going to have to say you know one. Are we willing to give up our god given rights for some dollars are we going to say enough's enough. Ten states already passes if enough states pass I thank the federal government might just get an idea that you know what. We're gonna have to live within the constitutional bounds the federal government is not the law of the land the constitution is the law. We are bound to live by the constitution. And then Senator Tucker. Thank you Mr president also. The way I understand your intent here. Is to not allow state actors to take action that is contrary to the US constitution is that correct. Senator. Okay so the purpose is to make sure that state agents state actors do not take any action that violates the US constitution correct. Record on the Arkansas constitution so do is the Arkansas Senate is subject to that since we just passed a bill that the sponsor said. Clearer is unconstitutional. Well that will be up to the courts to determine what this constitution not just send an and I guess that's kinda to senator pitches question we're putting that decision about what's constitutional we're taking it from the Supreme Court. And putting it in the hands of the General Assembly for law enforcement officers and as you said when the sheriff's association testified that was their concern is no law enforcement officers how are they going to make the decision about if I cooperate with this federal agency I am violating the constitution and subject to prosecution. Well. Tell the law enforcement sheriff yesterday he referred he referred to Timothy McVeigh the situation this bill would not in no way impact that they will still work with federal law and is long as those laws are our constitution. And again they are left in that because again Wetherby Timothy McVeigh or some other law enforcement asked aspect where they're cooperating with federal agents they then in each individual case need to the side of my being asked to do something that is unconstitutional or because they would be subject to prosecution if they don't get a correct. Well you know there's no such thing as a perfect system I mean but when it's when it's a blatant infringement or violation of the constitution I think we'll know thank you. So instead of a darker then senator garden centre Chesterfield Senator Teague thank you Mr president. Senator Stubblefield you know I'm a I'm a good man I I believe that I have of this like I believe if you think a man in the bill of rights and those eight entity manager for So You have to have rated their. Is there any concern that if they're not if they're not a numerator we might be at risk on all other things that are happening right in there is there any concern with that. Well you know this bill basically deals with the enumerated bill of rights those rights to. The what's called the bill of rights. So the right we were given base not by the government but by our creator since two. From the state. The mobile manufacturers of if they had any thoughts on the bill heard from this the the the gun people the gun manufacturers or the ammo manufacturers. They I'm not heard many of the groups. Trying to read my last note and it seems to be a lead I'm I have to come back out thank you Mr president we will we will pass over the eligible you go to Senator Tucker. Thank you under my question you you and Senator Hendren address someone already at and that was just if you could elaborate on the concerns expressed by the police chiefs and sheriffs. that was gonna be my question you know covered it to some extent if there's anything you know didn't cover please if you could share that with us I would appreciate. The center I'm still having a hard time hearing you. My question was going to be what the concerns were of the police chiefs and sheriffs association you and Senator Hendren covered that to some extent already and if you are covered all of it then you've already answered my question but if there's any any other concerns expressed by the sheriff's association or the police chiefs thank you and Senator Hendren did not discuss I would appreciate knowing what those were all right I will I will tell you right now that I talked to some my local law enforcement officers and they were Strong. In support of the bill saying that they did they did not ever want to have to enforce an unconstitutional law especially wanted French's upon our our god given rights on their own citizens. So they were they were in favor. Senator garner. He's got up to speak for Senator Chesterfield. She's gonna be here any other questions for Senator Stubblefield. You wish to speak against center just referral. Senate was recognized thank you Mr chair ladies and gentleman sent I strongly believe in the first ten amendments to the constitution that we call the bill of rights they have been around since seventeen ninety one. Seventeen ninety one. There is nothing that will do away with the first ten amendments to the constitution except another. amendment to the constitution. So I'm trying to find I'm trying to understand what all of this this clearance popped up about something that's been around since seventeen ninety one. These are the bill of rights that are delineated every citizen in this state in this nation but then we say that if you cooperate with the federal agent. The penalty will be we will make people pay five hundred dollars. There are certain actions that are federally forbidden and that we ask our state federal and local authorities to cooperate on. We just talked about the heinous crime of rape. If those persons across state lines we anticipate that there will be cooperation between or among the states. But on this particular issue there can be no cooperation. We can change it is spending money. On the legal fees on issues that have been settled for years and years and years there is no threat to the second amendment. I don't know why it keeps getting politicized every four years they're going to take away my guys know they're not. Is guaranteed to you in the second amendment. The tenth amendment says all rights not granted to the to the federal government to the states belong to the state and the people you have all of those records. But no. We got to have something that says persons and prohibitions described under this subdivision of this section include personnel agents at center in a person described under this subsection of this section who knowingly assist a provide support or information to federal agents or agencies in the enforcement of federal law there's a penalty of five hundred dollars. We have ended as a United States on the cooperation among the states and the federal government now all of a sudden is antithetical to even think about the fact that we might to operate on an issue when somebody might be running guns from Arkansas to another state we can't cooperate with the police because it has to do with guns I would urge a no vote no more speak against senator garner. As I drive back and forth from held rated a little rock I pass an illegal operation every single time. Every single time I see this out in open their people driving up to it they are showing up at this place every time I drive by. This is a legal federally prohibited business that is going on. Isn't medical marijuana. Thank you know. Legally it's still a legal at the federal level in fact it's a crime every single time. It's so please don't arrest people. Immigration laws. For deportation that some of our law enforcers take a part of me some more it's still federally illegal. Have we lost billions of dollars in federal funds for not enforcing the federal laws. We. Philip. Our law enforcement in chaos because we've ignored these federal laws of the state it's amazing to me for the last few years this kind of movement. To say no no no no we do a different here then what they do and they're. The man who was making decisions was Donald J. trump but now that it's on the other foot. Oh no no no no no no. This. Do you want now. Law enforcement can violate your constitutional rights that is a fundamental principle enforcement if they violate your rights now. You could soon. You could go they could go to jail they could be fired. That is already within our system. And it is more important now than ever that we protect our state right because if you haven't paid attention the federal laws and what they're doing let me give you a little bit of a fight a little bit of prognostication. The filibuster which has been around for two or three hundred years all of a sudden now is problematic. The last two hundred and seventy five times been used by one party not the other once they get rid of the filibuster guess what happens next. It's called packing the court does bill have you spoke of guess who in our constitutionally created democracy gets to decide what is constitutional or not. Federal courts. And so what they packed the court and they get the right cases. Precedent what we've had for hundreds of years will be thrown out like the baby and the bathwater. And this will be a compass on us as states to step up to defend the freedoms in reality in constitutional rights of the people that we represent and to make sure. We're that voice in that big storm coming from DC what that has actually support this bill. anyone would speak against. Speaking yes speak for our. Thank you Mr president I just want to address the constitutionality I understand that when we're out here talking about not enforcing federal law it all the sudden gives people a little queen mission I want to make sure that they understand that the mechanism a why this would be upheld as constitutional so the US Supreme Court has has created this law one second Sir. One senator Tom Ballinger that the US Supreme Court is created the doctor got the anti commandeering doctrine what the philosophy behind that the doctrine is is that you don't have the the bill or the federal government doesn't have the ability to force states to carry out their their their bank planned mission their loss right so they don't have them out of the building fourth St report resources to be applied to carry out whatever the the federal agenda is as that's how you end up with medical marijuana laws the Senator Garner picked it out is that the the federal government either is not decided to play their resources towards enforcing it or they don't have the resources to enforce it when you have enough states who are basically saying they're not going to read as to enforce marijuana laws to some extent and so that's how you end up with basically legal medical marijuana in Arkansas a it's the same philosophy behind the ability for for cities to become sanctuary cities when it comes to immigration or a lot of other things frankly that maybe you don't even think about but the reality is the federal government doesn't have the resources to go out and enforce all of their low so they rely heavily upon state actors to do that with several states are considering the same type of legislation and and the fact that that we're we're not you know there's nothing in this is going to make or your resting federal officers right now that is something have been talked about for that's not what this is This is just basically saying that state resources won't be applied to this I had a great conversation with the guy who is head of the service location you know they're very divided on this that's why their opposition to it is somewhat tepid because of the fact that they have some people who really you really don't like this bill that some people really like it I think the reason why some of them like it is to give them the tools to feel like they aren't infringing on their constituents the people in their counties constitutional rights because they can say look I don't have to worry about it this state law prohibits me from applying my resources to this area I do want to talk about federal funding to because it's important I mean you know we I hated. The as a state but we take a lot of federal money what part of the the interpretation anti commandeering doctrine requires that the funds be closely associated with the federal program so the feds could create a program for collecting thirty round magazines right anything over ten round magazine we're going to create a grant program to give to law enforcement to help on that program and they can rightly withdrawal that have been and withhold grant program from the state that doesn't allow for right so that would be withholding federal funds what they couldn't say we're not going to give you your highway money because the fact that you're not you're not going to enforce magazine capacities right so that that's where it but what I would say is keep your money if it's going to mean I'm gonna have violations constitutional rights to to take right as a state I think that's probably good balls I'm happy to answer any questions. But this is this is not coming or knows that the Supreme Court right this is not coming or knows of the federal government what this is saying within the balance the Supreme Court has set with anti commandeering doctrine we're going to use that document as a tool to be able to further policy in the state and say we're not enforcing those laws of the state. I'm. Question. Senate bill. Thank you very much Senator my great concern is on page five. What is the penalty for violating this subsection is a fine of five hundred dollars supervisory officer elected official knowingly directs and then it goes on twenty two and twenty three and twenty four to start talking about finding people. For saying I choose not to do it this way could you speak to that and also. To say that the filibuster is not in the constitution thank you okay I appreciate your clarifying that the the the fine is basically if you are a state actor and you thought you know that what the will be the state law office gets an adopted then you'll be fine for doing so it's not it isn't you know imprisonment for for forty years you get find it basically provides the tool or mechanism by which you can enforce this and force them to comply with state law but which we do that kind of an all time to find a exhorts relatively minimal thanks I appreciate anyone would speak against Senator Hendren recognized. Show courtesy to your fellow senators would you check chattering their speaking you really saying you don't give a real what you're saying. You should just leave the floor and one of these rooms a conference room over here is a hello still going on record go back there thank you all the time talking but I wouldn't know when your your follow senators are trying to help you understand their point schools for all senator. Thank you Mr president members I won't take long I think everybody pretty well does what they're gonna do on this I I do think that it needs to be the ironing needs to be pointed out of the succession of these last two bills we pass a bill with the sponsor comes to the Wellman says absolutely it's unconstitutional. And then the next bill we passed says that we're going to law enforcement anything that's unconstitutional you are not to enforce. It's it's like The Twilight Zone I mean I don't understand what we're doing with the constitution here. We all taken out and I know Senator Stubblefield takes seriously and I hope we all know that we all take our oath to the constitution seriously. I've taken it many times. But this text but to say that we are going to delegate the determination of what is constitutional from the United States Supreme Court from our court system to local law enforcement because we're unhappy with some of the federal laws or regulations I don't see how you square that with our duty to uphold the constitution. I understand the challenges that have to be made when we disagree with policy in our constitutional interpretations of changed over the years and as the continue to change. But the blatantly disregarded and then and then to make a state policy that we're gonna have a law enforcement officers disregard things they disagree with and they determine are unconstitutional is going to do two things it's going to put funding at risk. This is the second bill in two days out of the dish area that we've passed with testimony saying federal funding will be at risk and you don't I don't like it but that's a fact. And the other thing is going to do testified to by the sheriff's associations of the law enforcement people in a bad spot having to make some hard decisions and endanger some federal relationships that are in this they they consider essential to fighting crime I don't think either one of those are good things. Senator Rapert you're recognized by one of the bill. Thank you Mr president well I'm glad that I came after that last comment let me correct the record on something. Nobody ever student as well and said that SB six. Was unconstitutional. You know what because there is no right to abortion in the United States constitution and never has been. As nothing to do with it. And that's why there's a total misunderstanding. There is no constitutional right to kill a little baby. At all. None. What you have is precedent set by courted nineteen seventy three if that's what you want to talk about talk about president in ninety seven three don't get a better never say that somebody especially me said that it's unconstitutional there's no way that it's unconstitutional. Freedom of speech and freedom will let religion is also under attack in this country that's obvious. All you have to do is read the paper it's not just about people having their political speech squelched it's about freedom of religion there are religious entities that have their voices squelched in this country and you know what I'm proud to Senator Stubblefield everybody else will stand up for the tenth amendment. It's stand up for our rights into that bill of rights. Senator Chesterfield was talking about seventeen ninety one of the bill of rights the declaration of independence said we are endowed by our creator with certain unalienable rights which include life liberty the pursuit of happiness I just wonder when we decided that it was okay to kill sixty two million babies in this nation. That's part of what this is about sovereignty. Terms of this bill. You would have to be totally blind and deaf did not see that our nation is as divided right now as it ever has been. When you have a leg to officials in office in Washington DC who actually don't even care what the constitution says and decide they're going to do it their way no matter what happens and have no respect for that and have no respect for the tenth amendment Arkansas should stand up with these other states but I hope in the future will ensure you make sure you rightly divide what you say. S. B. six. Is in opposition to a Supreme Court ruling it's not in opposition to the constitution Sir Senator Hendren recognized. Sure we recognized for a question not appreciated Senator Rapert I think I don't know if you misunderstood or didn't catch the comments I made no reference to use or SP six I said the preceding bill and I ask the question of the sponsor more than thirty minutes ago. Are you is your position as you standing committee that this bill is clearly unconstitutional and the response was absolutely I mean we can go back and look at the page I have but I've heard you say the same statements or so if you didn't mean it towards me with the same holds true what we need I guess we need to rightly divide we're talking about the constitution or some Supreme Court decision which by the way it's been overturned many times my goodness gracious the same arguments that are being made on some of these bills that slavery was quote unquote all the law of the land the constitution of the Supreme Court said it was in you know what they overturned that because it was wrong and what's happening is every generation server it's up to us to ensure freedom and every time I see a person of faith have theirs their voices squelched in this country every time I see somebody squeals in this nation they should have the same rights as all of us it's it's out of its out of control. And and definitely our gun rights we just had a decision I believe it was Michigan that had to do with bump stocks. They rule that that was wrong that they could not have prevented that so we've got an issue in this country and I believe that Senator Stubblefield got a good bill and I'm happy to support it and frankly it's way past time Senator Hendren of all your Senator Hendren and so he was speaking in favor or anyone would speak against. Senator Elliot. Thank you thank you members I just find it is. So interesting and so disappointing. That we come to issues like this. Because we talk about the freedoms that we're losing. And we have disagreements about that. And we come here in practice practically shot at each other on this floor. One wish what we would do is recognized we have disagreements and one of these days all of us. The courage. And think about each other as equals and have been no matter what you are processing. That you have in your mind this is something that makes sense to you and recognized on the other side and move ourselves to a place where we can talk about hard issues as adults as Americans as folks who just recognize that we have disagreements. And come to some common ground I guess is what you would call it and Rick and decide what we can go from there but this constant. Back and forth. About we're losing this realism that we're not going to I can't imagine what's happening with kids in our classrooms these days we're trying to teach them for example this is what the US constitution says this is what the Arkansas constitution says and then we teach them about us a purpose a clause and everything we send to them. It's not making sense anymore. But we we have real issues of separation in this country. Shall the charter. And not even talking and sitting and. Even just going out for a jury with one another having dinner not taking the time to get to know one another. Most of us don't even know one another we just decided to the other person is. And I do I mean I'm against this bill. For sure. Because I think just because I'm I'm happy about it I still think this primacy Clause rules. I respect the fact that somebody has a difference of opinion but somebody in this state is going to start leading. On bringing us together not exacerbating separation at some point it needs to stop. And people are looking at us every day we're down here. And we're saying things that other people assume to be true they may and may not be true. But I really wish as we try to a few years ago start to figure out ways to come together because if we don't we're going to be arguing about things such as. Does the United States constitution prevail over Arkansas state constitution I don't get the. If there is an argument it should happen on this bill or we ought to get together some someplace and talk it out but this is not it. I hope you would just not vote for this bill because I think there's a better way. That are arbitrarily saying. The Arkansas constitution can overrule. The United States constitution. With all due respect I think you know better than that. In favor the bill Senator Rice. It. Was anybody wish to speak against after this thank you. I don't hear much in this dance and I appreciate what my colleagues center area say aye and and there's a lot of truth. What she says do we need to take that for hardware a. But I do believe and I stated this in committee. When the. The sheriff's association said we will never. No sheriff in Arkansas is ever going to come take your guns away. And I ask you do you read history. And he said. Some. Basically not a lot. Those of us all know. Just from school. In so many times when people said it never happened here. It lever happened us. It happened to that guy no. But in that may you know how the deal goes then when it happens you this too late. They are not following the US constitution. In Washington DC right now. For the over for the for the large part. They are ignoring. It's because we're divided yes we need to understand each other more. But we had better get ready. And I'll stake my life on it I'm telling you it's coming. And I'm not will anything up and above anybody else I'm nobody. We better get ready and I told the. The law enforcement I support law enforcement. But I told him you better tell you sheriff's. Because sheriffs have a lot of authority. A lot more than they realize a lot of you better get in your mind what you're going to do is. When you're told to make that decision. Because there are people own record. That have high contacts in government and some that are elected officials that it said we're gonna take your farms away from you. And they'll do it if they can. And let me tell you go back and look go back read read read read your history what's happened when they've done it before. Don't say it can't be done. Can I say this I'm the actor going to fix this nobody makes a statement is Senator double feel same. Another state need to get together and take state rocked by. And try to put some things back together and yes thank you Senator Eddie we need to listen to each other. That's what I've heard from you. You've always showed me that. And I do appreciate it thank you. any. That. Sir for Cinemark Johnson. Recognizable. Thank you Mr president. A. My friend Senator Elliot is the walking breathing example of someone who can disagree without being disagreeable and that's one of the reasons I love or a lever for other reasons but. She she can be totally on the other side and we're still friends and I think that's a collegiality that is maybe unique to our system and certainly one of the beautiful things about this body. When we talk about supreme C.. There's no super Missy there's the constitution and what it says and and the bill of rights was put together because of our clear about that. And everybody knows what the first amendment and we all talked a lot around this room around the second amendment. But. I think the most important thing for we try to help our young people learn in class as a ninth and tenth amendment I'm just going to read them and what you think comment. Amendment nine. The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people. Now what that means is to me that if they forgot to put some in there if if you're in doubt it belongs to the people. The fact that there were delegated powers reserved powers if we did we miss something it belongs to the people. The tenth amendment says. The powers not delegated to the United States by the constitution nor prohibited by it to the states are reserved to the states respectively or to the people. And that's probably the most ignored thing in the constitution when you go to these federal courts and and I think that this bill Senator Stubblefield intent I won't speak for him but I think his intent is to rebalance that and for us to recognize that the states were primary the federal government did not in a superior manner create the states the states created the federal government by agreement and we set this this is a contract between the American people the state to the federal government and one of the rules is. If we didn't spell it out. It goes to the states and we forgot something it goes to the people and I appreciate a good vote on this bill thank you Mr president what you think a questions Senator questions Senator Johnson would you like to. Dress Senators. Always take a question my friend center Chester County live speak up because I didn't bring my ear pieces thank you. Article six of the constitution clause to. The constitution and the laws of the United States which shall be made in pursuance thereof and all treaties made or which shall be made under the authority of the United States shall be the supreme law of the land and the judges in every state shall be bound thereby anything in the constitution or laws of any state to the contrary notwithstanding I just want you to know that that is a promising clause or what is known as spring is a clause of the constitution would you agree. I would agree except for one thing Senator now that was written first and then they went back and wrote the bill of rights because some people weren't clear about that now what does that mean Mister Franklin or Mr president of the assembly Washington does that mean that the state so heavy rights or who has the rights so they wrote the ninth and tenth amendment to clarify that clause and I think that's important for everyone to understand that the authority of the United States that is the supreme law of the land. Was specifically defined in the ninth and tenth amendments there's reserve powers. And there's implied powers and then most importantly there's delegated powers but if in doubt it belongs the states and to the people. It is not prohibited by the constitution if it's not prohibit thank because that that falls under the delegate powers it says this is federal coining money entering the treaties with other countries some people don't know Canada doesn't have such a clause we learned this is a of Senator Eads are energy committee that the state of Montana could could potentially if it weren't for that of the province of Alberta can enter into an international agreement with United States is just the United States Canada into it with them because of that is delegated to the federal government I hope that does kind of sink in so thank you again Sir for that question. One wish to speak against four Senator closed. Senator is recognized to close. I appreciate. Starting this spring to close of the constitution is very clear the it's probably one the most misunderstood bees provisions of the constitution sperms clauses only Supreme we've got the most three of the three most important words in pursuance of federal government is only Supreme when it's actions or in pursuance of the constitution and sent the constitution delegate very few power to the federal government is it is a supreme very often let me read one word about the anti commandeering doctrine judge Alito wrote this he said indication New York transports as US judge Alito road conspicuously absent from the list of powers given to Congress is the power to do two issued direct orders to the governments of the states the anti commandeering doctrine simply represents recognition of this limit on congressional authority it is far as. Senator Rapert brought up a good point. There's nothing in the constitution that says that we have the right to kill innocent babies. In fact it's just the opposite the constitution guarantees us the right to life how can you have liberty if your life is snuffed out is a small but before we even born you can't have would be if the constitution guarantees us the right to life liberty and the pursuit of happiness senator garner touch on a couple things packing the courts. He left out a couple things. What about doing away with electoral college adding the state's. there's a lot of things at play here but the bank thing is that we live within the bounds of the constitution and not allow the federal government to infringe upon our god given rights that are close. Please call the roll. Ballinger. Beckham. But. But. Caldwell. Chesterfield. Clark. Davis. DISMANG. DISMANG. Eads. Elliott. English. English. Flippo. Flowers. No. Flowers no. Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. Ingram. Ingram. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Rapert. Rice. Sample. Stubblefield. Sturch. Sullivan. T.. Tucker. Wallace. You wish to vote or change their vote Senator Bledsoe alright you might also hear anybody else over here. Thank you senator Elliots that. One. Sturch. Is that you know Senator English okay. Is not anybody else. Well. The eighty seven days the bill is passed. Transmitted down to the other end of the building. To the house Senator Clark Senate bill five thirteen by Senator Clark to amend the law concerning the suspension or revocation of a person's driver's license for failure to pay for failure to appear to amend the law concerning a restricted driving permit issued under certain circumstances. Senator Clark Is Senator Garner that's so far been Senator Clark. Yesterday senator senator we're gonna go to your amendment at the end of the Senate council Senator Clark. Thank you. Senate bill five thirteen of. Is an attempt to thread the needle. to help those. That. Of need to drive to work in other places that get insurmountable funds. and at the same time not keep our judges from being able to use the tools they need to use with art with scofflaws and outlaws we passed a bill out of here The last session went all the way through House committee and was killed on the House floor. Of another bill this session one ninety. the district judges came out against it in the action actually objected to the amendment that they put in it. Two years ago shthole. but anyway of we re wrote it completely again the judges are neutral of the sheriff's testified against it I can't remember why. Of what their objection was like to the judges are good with it. it allows of judges to issue a restricted license it requires that we find make sure if people can't pay that we work with them and it. Of. Spells out that if you continue to not show up. They can absolutely take your license I'll be a happy to take any questions. Senate questions. Thank you Mr president Senator Clark does this have any interference with it being able to be waived down to the hundred dollar we ran a bill couple sessions ago that allow the latitude that they met all the requirements of the court they could have the suspended driver's license fees waived you know if this interferes with that in no we don't change we're not changing anything or doing anything that makes things more punitive of this allows in fact we were involved with the the I don't remember the name the mystery but that Paul Chapman over near Fort Smith has that helps prisoners coming out. Of of of films coming out of prison of get back to work and the end they testified to the Judiciary Committee at our first meeting after the last session that the biggest hindrance to that was the lack of a driver's license and the inability to get one because these huge amounts of funds and then of course in Arkansas being a rule state you have to drive to get to work that's what and also found out and study on this that lots of felons relocate to little rock because it's the one. The area where there is transportation and you don't have to drive but no it doesn't do anything to take away what you did or or anyway make things more punitive it's again trying to help those that are trying to do the right thing and still trying to give judges the ability to deal with those. Our thank you. Anyone. Sir Clark Johnson. Thank you Mr president. Sir Clark sorry this bill let's are real good bill I had a situation many years ago. I actually had a. Speeding ticket and I was to contest it and I went in at the literally the morning of my court date time because I had a business meeting I could not miss and I just wanted to the Clark I paid the fine and thought everything was okay a few months later I was stopped by a state trooper for probably speeding I don't. What was I was like I was should stop no problem and he was very nice but he said Sir we have a problem here if your license is been suspended by the District Court I want to say the county. Of. Someone other than an administrative mistake they had recorded that I had paid the fine and because of that they would accept checks operating cash so I didn't have any real record or at least didn't keep a receipt of. It's only the fact that the I was able he let me drive my own car to the courthouse and jail during that time was able to call my dad who actually knew the sheriff of that county and called women home and explain what happened and the share of the time I got there it allowed me at the to go home on my own recognizance get it straightened out the next day but if I hadn't had the had known someone that knew someone I spent the night in jail for something I didn't do this bill appears to have some level of due process we're the situation like that a road I would get an opportunity to respond this is am I reading that correctly. Correct. That's a good enough answer for me center thank you Sir thank you Mr president. Yes for center. Yes I'm closed I would appreciate a good vote any objection on the voter 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. What. Casts up the ballot thirty five Yeas zero nine if the bill is passed transmitted. Senator garner. Five forty seven by Senator Garner to amend certain provisions of initiated act four of nineteen forty eight and to regulate a direct sell or as an independent contractor. There are thank you so this bill was brought to me by direct sellers represent Arkansas I'm as some you may remember last session I pass law the kind of put in the structure that were in the mail for direct sellers it's basically see to distinguish them between pyramid schemes scams and know the legitimate ones that we were going to now so that law which affects many people in your area who sailed Mary Kate advocare and who does rely on this has been a great success that same group brought this building now and what this bill does is doing is make sure they don't include some in legal parts in that dower typically these part time so so what does that mean out is direct sellers have near universally understood to be independent contractors a direct sellers are quintessential micro entrepreneurs on direct sellers are currently classified as independent contractors under Arkansas law now and the multi factor test use have proved to be unreliable as applied to direct sellers this test means and affect from forty years ago now and with that I'll take any questions. What. The question. This. You know what it what is who how do you define independent contractor. Now or later or before how was before. Right now okay it's like currently you're not really a contractor under this you're you're considered not a full time course or try to make sure we take on full time employee so if a ruling confident that the the fed we don't change how things are done yeah I think you got another. Several. what's the process currently in other states transaction questions we have for you to other states who currently do it this way and with that I respect and appreciate a great deal now. You were against. For. Senator Bradley closed. Any objection rowing the boat. The role. 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. Senate president. You wish to vote or change their vote anyone else no Senator flowers is no. President. Senator Elliot anyone else. Cast a ballot. Thirty two eighty one day to present the bill is passed through the transmitted the house by the way that needed twenty four back to senator Clark we have to serve Clark bills hello Senator Senate bill five sixty by Senator Clark to be known as the civil Arkansas civil asset forfeiture Reform Act of twenty twenty one. Thank you governor thank you colleagues of I fall the bill earlier in the session the overhaul the civil asset forfeiture laws in Arkansas which horrified the prosecutors and law enforcement of but we came back in this bill all except for one little part is written by the prosecutors and it does we should have done more but this does some very important things of it makes it easier for an innocent third party to get their property back both in the fact that they do not have to have their answer notarized that has been a problem in the past notably FOR a lady in my district a personal friend because when people worse got their notice to date it doesn't say anything about notarized of and so it doesn't have to be notarized and instead of thirty days to respond they have forty five days to respond it also requires more importantly that for the state to forfeit of. After the have seized of innocent third parties of well I third parties property they have to have clear and convincing evidence rather than just a preponderance that that third party had good reason to know that their property was being used up to commit a crime of the thing that we added outside of the the prosecutors is on the last page burial of. The last section is we allow one more thing that that forfeited money can be used for in lieu of it if and when in office law enforcement officer dies of the bill of prosecuting attorney in that jurisdiction can. About a grant of up to one thousand dollars to the family they do not have to provide anything of they they can have a process to do that they can just write a check but we are by passing this bill we are giving them the authority of to help law enforcement families there are other things that. One of a law enforcement officer dies there were but there's nothing that comes quickly and this is something that they could do that not only would help but might help really in their time of need I'll be happy to take any questions. More speed. For. Centers close I'm close to appreciate a good vote any objection on 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 you always change your vote. Was present. Senator flowers present anyone else. Cast of about thirty forty eight zero nine one present the bill is passed transmit to the House cynical Senate bill five sixty one by Senator Clark to amend the law concerning the removal of an offender's nine child maltreatment central registry. Reporter. This bill was presented in committee by the director of DCFS director Mr Martin of the bill provides an offender whose name on the child maltreatment central registry for an offense that constitutes severe maltreatment as divines the child maltreatment act will permanently remain on the registry if the fenders convicted of a criminal offense related to the maltreatment. Currently there is a permit bark removal if the offender pleads guilty pleads no contest or is convicted of a criminal offense even if the mail treatment is neglect or less severe offense a majority of maltreatment is the collect an often related to an offender's substance misuse if the fender was charged with the criminal offense related to his or her drug use the offender will likely never be able to be removed from the child maltreatment central registry even if the offender complete treatment and has the records expunged this bill will allow the committee that evaluates requests for name removal to consider requests for the vendor has demonstrated that they have been referred rehabilitated and no longer pose a risk to a vulnerable population this bill does not mean the offenders quest request will be granted only the defenders request can be granted can be considered on the merits instead of being the not as an eligible as under current law that's very important we want people on that list that are a danger to children but if people can demonstrate later that because people block times are people who have been on drugs for years and the invaluable members of the society and and have kids and successfully parenting kids and they're still there still might listen they should not be and they can if the and this could Committee cannot even consider of removing them and this allows justice to be done in those situations where should be I'll be happy to take any questions any questions. No more speak against. For. Centers right closed closed appreciate a good vote. Any objection on the vote. 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 wishing to change their vote. Okay well thirty five eight zero nays bills passed by the house on Senator Wallace is amended. I'm situated we already. Re referred that. Okay so Wallace will come to a motion for give Senator Hickey. No focus. Prior to. In the in in. Sir will also recognize. The five sixty six. Thank you governor. You members I would like to re refer this bill to revenue and taxation. You for the senators motion to re referred the bill the Revenue and Tax Court yes okay any questions all those members say aye. Close as of it thank you. Kerrey Senator Hickey president pro tem. Senate bill has an emergency clause. All or by screaming. All right. Zapo does this may take me just a few minutes because a forty four page bill Okay the premises bill is basically common sense and straightforward I like referred to it is bill ms are as safe for the lottery. I'm gonna give you a little history here whatever you start of the lottery what we should've done is allowed water is set to get set up and running we should a parked operating proceeds in an account. And then see how much money we have had in that account after a year. At past in started paying out scholarships based on that amount to that was left in that account we do not do that is most of you all know. We had form some drastic restructuring over the years with their scholarships and those medicinal things within the lottery to help maintain its solvency we have never been able or willing to correct this ongoing financial issues in issue because we would have either had to stop paying scholarships per year which is not a viable option since we had students in the pipeline depending upon this money. Are we would have had to take a moment massive amount of state general revenue to fund all the scholarships for a year which is also not feasible. However a one time opportunity exists exist to correct this ongoing financial concern to help maintain that the amount of money of lottery money. That's available matches the scholarship money that which we pay out. We're projected to have round numbers of approximately a hundred million in a trust account which we set up a few years back when we were attempting to correct the cash flows issues that we're having with the lottery and also the scholarship. This bill allows for those funds. To be used to fully fund our current lottery scholarships between July first of twenty twenty one in June thirtieth of twenty twenty two. While we're using those trust fund proceeds the watery of course will be operating making more money during the same period of July first of twenty twenty one June thirtieth the twenty twenty two. We within parked operating proceeds in an account which will allow us to know how much cash is available scholarships beginning in the fall of twenty twenty two. Of course we all hope the funds are always available to fully fund the scholarships with the General Assembly allows. However page forty of the bill provides if funds are not available the academic challenge will be funded first and all others will be funded on a pro rata basis the bill also provides that if we do not have funds available to fully fund all scholarships that either a LC or Joint Budget different session will be notified immediately to look into the issue and possible possibly allowing boring through the shortfall Reserve account which is currently set up in an effect which we have twenty million in. We also currently have another issue in the all General Assembly file scholarship bills which which affects the amount of money required watery operations to fully fund the scholarships I want to put in place without regard to the yearly cash available through net lottery proceeds and general revenue which is given for that purpose this bill establishes a procedure all proposed scholarship amending legislation. We'll have to be introduced within the first thirty one days of a regular session. We will also be proposing joint Senate rules along with this legislation to call awareness to all future with future general assemblies in regards to that requirement. After the thirty one days the house and Senate education committees will meet jointly. To decide. What to refer out to the General Assembly. This will be done by separate vote also during this meeting analysis for analysis of whether the scholarship can be afforded we calculated by using the form which begins on page thirty three of this bill the legislation also says that the new scholarship. Will not take effect that any new scholarship I'm sorry we're not take effect until at least one years past. Page one through twenty nine is mainly clean up language things were out of place in the code we try to correct all of that the meat of the bill begins on page twenty nine I'll try to answer any questions anyone has has one. Thank you didn't realize about secretary read the okay to do that over Sir. Please. Senate bill five eighty four by Senator Hickey to amend the Arkansas academic challenge scholarship program to establish procedures and funding requirements to create or amend scholarships are funded with net revenue available and declaring my age what I said. Well any questions were Senator Hickey Senator Rapert. Senator Ricky what's the net effect our business I understand here when I hear you say the RSA for the lottery course I used to be a lottery oversight committee back I don't even know if you here yet or not I thank maybe we served together on that. It's so it we've already. Adjusted it which impacted the scholarships to students were getting earlier on it so my real question bottom line is what's the net effect to your to the students is this going to affect any of their scholarships right now are into the next few years and I know you've got these certain triggers but I just really need to know that's what students and their parents are going to be asking so they can plan sure of no as follows no with some contingencies let me go through that what the currently again we're projected by the end of this fiscal year to have about a hundred million dollars in that trust account the hundred million dollars it's in that trust account from July first of twenty twenty two or skews me July first of twenty twenty one in June thirtieth of twenty twenty two will be enough to fund the scholarships that we have in place we currently have in place the academic challenge scholarships the concurrent Scholarship workforce development scholarships and then we pay some nursing scholarships out of out of those funds also although it is structured somewhat differently so there is enough money to to pay all those scholarships are there should be we have to get the applications but from historical from historical numbers we're gonna have plenty enough money to pay pay for those scholarships during that time. Now where the possibility that funds might would be cut on some mobile and I don't foresee that happening would be this. In between the. In between July first of twenty twenty one in the June thirtieth of twenty twenty two the lottery will be operating in making whatever net proceeds that is going to be making as usual we will be parking those funds in an account. Along with we always put in twenty million dollars of general revenue out of out of the state whatever those funds are that have been made. Those funds will be used. To to fund whatever all the scholarships are if the money's available. if it were not to be available although I don't see that unless we just wore a ward I have a a dive you know when the economy where people were not. you know lottery proceeds were not coming in the way that they work. We do have an additional twenty million dollars that we have set up already that is and is in place and is fully funded right now that we could borrow from if we want to what the bill does is is says that if that were to happen that I you'll see a C. would come into so as to authorize that borrowing from those funds at that particular time. So the bottom line is I think just to make sure because I'm I'm trying to prevent myself and got you here so no changes to the announcmenet for the students that are getting scholarships under any this legislation because I'm just now reading this entire bill no not not at all one of the one of the main things the one of the one of the other main things for the bill though is on page thirty three. Thirty three and thirty four and thirty five what we've done is devised a formula. That actually will help keep the lottery solvent to keep what you're what you're talking about from happening because again what has been happening over the years is we come into the General Assembly and we get fifteen scholar Scholarship bills are filed down here and we all start running them and passing on but we have actually never look to see that we have enough money over a year over year basis to continually funded fund those so we developed a formula would actually account for that for the house and the Senate education committees will meet jointly we'll look at those analysis to make sure that the funds are available and then they will referred out to the body and say yes funds are available to to do that and then we'll make the policy decision here on whether or not we want to. To set up a new scholarship or an amendment to a Scholarship. I think one final question on this because I haven't heard stated in a while one of the biggest complaints that I always get is that people feel that a larger portion of the money taken in by the lottery should actually go for scholarships do you have what Sir they're they're one of the complaints we've had over the years is that many people think more money in the lottery program should actually go to scholarships because there's a lot that goes to ministration in the games what is the percentage now money raised through the lottery that actually goes out of the scholarships and that's something that's separate from this bill from from minor dealings in through the lottery oversight the best I can remember it's under twenty percent I want to say seventeen or eighteen percent we've also had people over the years that I've tried to pass bills that would actually mandate what percent that would be I personally always thought that because I think it would be bad business because if we were to get into a downturn in we've mandated a certain percentage than what we would have to do at that time would made it may be to cut expenses which would make it even dropped lower so in other words we by possibly if we ever got to that point said well seventeen or OR skewed me twenty five percent of it has to go to that we might have to cut our marketing efforts which then may make it dropped lower and lower I've always said that as far as the operations of the lottery it has to be managed by not only the lottery offices sales but also that lottery oversight committee and that's where that needs to be done. Thank you Mr president. If we don't do this. What is the effect on the long term sustainability of the scholarships that are going out at the current rate now and is that in what part of this is intended to do is to provide sustainability long term for the scholarship fund. The. Yes Sir it's actually to it's actually to set up a business plan is what I say that we don't have in place. If if we if we didn't run another scholarship if we didn't run another scholarship at all and we did add or change I believe right now that we probably have enough money coming in along with the general revenue to keep servicing what we're doing. The issue in the problem that we have like I said is that whatever us is the General Assembly comes in we want to start tinkering with these things and we want to raise the amounts are we want to change some other Avenue within it. That is that is the worry in the future that if we keep doing that without doing some analysis ever time that we will get back get ourselves back into into a cash flow problem. Because as you know about five years ago about five years ago we had some major issues with the lottery and house and Senate it got in we've done some drastic restructuring and this is actually the reason that hundred million dollars is sitting in that account is actually the benefit from what we did there and now we can use this money. To to set up something that should and I'm not throwing the rocks of somebody that did it before because it was a brand new things but that should have been structured like that in the very beginning so that would help with the solvency our thank you yes Sir. Any other questions for the senator anyone wishing to speak against the Rosa road to bill. They always for any objection to senator Wallace yes. Anyone general in the vote please roll 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 your wish to change their vote. Cast a ballot thirty five Yeas zero nice bill is passed Margie Claus adopted transmit to the house Senator T. Garner. Senate bill five ninety by Senator Garner to in mandatory face covering requirements in the state of Arkansas and Clara margins. Members from last year about this time one of the COVID nineteen crisis hit this placed on us. From Wuhan lab and from covering up by the communist Chinese party things have happened that I've never thought what happens. In the state of Arkansas. We've seen dramatic changes to our data life. We seen rulings come down I didn't think I would ever see a grown adult. Most contentious of this was the executive order been placed by the governor dealing with mandatory mass requirements. Now we all know that order cited yesterday. Now is a good move by the governor I think it's necessary based on the public health that we have and how things have changed. Due to the success of us handling the virus. What this bill does is make sure that we don't have that happen again. By executive order. Or by government fiat. Fite simply this allows any time for relates the COVID nineteen amassed mandate we as the General Assembly will have a direct say in how it works. Now if you're in here can you read with masks mandate. You should want this bill. What. Because the executive order as it was written was a poorly constructed legal documents. It's what happens when the executive branch tries to write legislation. When it came out only review remember there was mass confusion by the population and what exactly. They had to do was flowers following the mandate. Is an attorney look through it and put a synopsis on my Facebook and social media and even there are some parts of it that I was confused. Within that order. If you get a fine up to five hundred dollars for not following the mass mandate. From the law enforcement. It that same border. It said you could not be detained by law enforcement I have local going to detain you. And give you a ticket if they can't detain you to give you the ticket. I don't know if you all remember do you remember how many letters came out from police chiefs who said I just can't fall this mandate. That was poorly written poorly constructed and poorly done in something that should be going to the General Assembly. If you didn't support the mass mandate you should support this bill. Because it stops the executive branch from unilaterally issuing an executive order in dealing with this one particular subset of issues. And it just related to covert nineteen so there's a covert twenty twenty one tomorrow it will not affect that with that I'll take any questions term these distinguish motor. Are there any questions I saw Senator Teague first then we'll go to senator Hammer center Teague you're recognized. I meant to ask you for your dad and I applaud those this is a big issue needs to I think you will are a mask prohibition and maybe but will or someplace this is a perfect that. I was checking the bill or says it does not I know there's differences of opinion I believe. Senator Tucker has a different opinion but my reading of it in a way I talk to be a law or it does not. Thank you. We can run a bill do that for sure. Senator Hammer you're recognized for a question. Thank you Mr president Senator know what I was wondering is what the newly passed legislation where we have some authority over the executive branch as far as taking up issues like this Senate running through you know appropriate committees where we can terminate these kind of things what would be. What are we missing that we need this given the fact that we now have that other bill in place with your balance the two please excellent question what's talked to governor to moral from extending mask it again for another sixty days. Would we not have the procedures in place to address that under initially Sir that's where I think the distinction is eventually we would come back and do it within that reporter I agree with you that's why I have not run this legislation earlier I want to the first day of session I respect your work in the work you did on that bill to put us in the process this is a subset issued I don't think we should go back to mass mandate as contentious is that was this isn't I have a business license you can pull my business license is and I'm so alcohol this is me the individual having a fine placed on me. By the second quarter by one person making a decision. If this is needed and it could we could have a spike next week we're participates or which which desire just to have a masked man again I don't know if I'd be for against that but I can see the need. It requires the General Assembly to come to a special session or for in session to come together and have a say on it why is that important experts come they discuss it we go through the legislative process we put in place a bill that has the enforcement of law with the end date and is in there in law enforcement will not laugh at all like many of the executive order because we have power over them and other different ways we seen from some of the debate today that's a distinction Sir I think between this and you're very good bill which is more of a for thanking everyone for the current crisis keeps is very restrictive. Thanks for the explanation. Senator Solomon you're recognized for a question. Thank you for the difference is that this would involve the entire legislature whereas the bill senator Hammer past may only end up in the old city yes Sir that I mean like I said I think Senator Hammer did great work I'm I'm not not this bill but I'm not only a C. a private be for a single run for reelection for a while because of House broken down I don't have a direct say analysts might as a common alternative in that body yeah that's in perfect process that had to be replaced because we're not in session you'll see is that the legislator in session I understand this is everyone of the voice and more importantly. That is a mechanism to extend or not extend the governor's rule over us and that passed it's us giving a blessing to what he did or to not this is not coming now saying we will put it into force a law created by our constitution to give us the power to legislate to write laws that distinction is very important and something I think was negated to many terms as last year. Centre read you're recognized. Our. Does this allow local businesses to still make decisions as far as for their employees and their customers and the local level once again I in check would be a law about this I think that it does I know Senator Tucker disagrees department helped us reason he'll speak that language I can I can explain why do not my intent when I sent this bill or was only to deal with the executive orders and coming out and there's a language that I think it's unclear which can always be tied up but I do not think it does a Senator Tucker does respectfully as explains position I think will do a great job explaining the counter that might I'm not trying to mislead you my take is it does not there's a difference in in thank you. Are there any other questions. Seeing none would anybody like to speak against the bill Senator Tucker you're recognized to speak against the bill. Thank you Mr. And I'm not gonna speak to whether we. we should prohibit the governor because I think probably every member has their mind made up on that I'm really just going to speak to the questions raised by Senator Teague and Senator Eads I do think the way the language in the bill as written it would prohibit cities and private institutions from putting a mask mandate either in their municipalities or their private places of business the reason is because on on page two of the bill in section be online three it says all mandatory face covering requirements including without limitation requirements imposed by the executive order issued by the governor said that to me necessarily implies that it's addressing. Face cover requirements in addition to the one imposed by the governor and the only one I'm aware of in addition to the one imposed by the governor are ones imposed by cities and private businesses so to me that language and honors senator garner and I have discussed this and he has a difference of opinion which I respect that's my read of it is that it is because of that language it necessarily applies to orders in addition to the governor's order and that affects cities and private businesses that's that's my read of the bill. So president number for that reason I'm happy to answer or yelling for questions Senator Blake Johnson for questions. In that the. Including including without limitations. That's on state orders. That's the I mean that's how I would read that if there is another state order and any didn't left on yesterday that would be on another state order you know without limitations. I'll explain why I did I disagree on line three. It says all mandatory face covering requirements if right there it said all state imposed mandatory fees cover apartments that I would agree with your point senator Johnson but it says all mandatory face cover requirements without qualification. And then it says including without limitation the one imposed by the governor. Okay. Are there any other questions. Seeing none with either anybody that like to speak for the bill. Seeing none Senator Garner we're allowed to close yes Sir I'll be very brief discussed that point where I want to hear the other side for two reasons I think that this would not include private or cities one is the language of the rest of the bill which specifically over and over again addresses the need to do with the executive order doesn't ring up cities it doesn't bring up anything else typically read lawyer read the black letter law which also look at Legislative intent and they by the laws as a whole even if you read the black letter law I think the word mandatory is the key element mandatory implies a legislative or executive branch kind of government structure behind it rather than some other words be less precise with that being said if that passes body and I keep hearing this I am more than happy to make a small amendment on the other side of the house on the other side of the chamber to address I think it's easy fix I know that's in perfect thing to say but I think under currently is good I'm always open to make things more clear in the language law with that I am closed. Senator Garner is closed. Is there any objection rolling the vote and I would remind members that this has an emergency clause of twenty four votes as required there any objection rolling the vote we have an objection rolling above that and Secretary please call the roll Ballinger. That. Bledsoe. Caldwell. Chesterfield mo. Clark. Davis. DISMANG. DISMANG. Aids. Press. Elliott. English. English. Flippo. Flowers. So. Garner yeah. Gilmore. Hammer. President. Hendren. Hester. Hester. Hickey. Hello the. Ingram. Ingram. Irvine. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. Leding. Leding. Page. Page. Rapert. Right. Rice. Rice. Sample. Stubblefield. Sturch. Sturch. Sullivan. Teague. Tucker. Wallace. Okay which senators would like to change their vote let's start over here the clearer I have a yes for Senator Blake Johnson anyone else. Seeing none over here I'm gonna yes for Senator Hill. Yes for Senator Rapert a yes for Senator Rice go slow here leave. Senator Leding was another law to have anybody else. You Pitsch is a yes. The body of missing someone serving as the S.. Madam secretary. Cast a ballot. With twenty eight as nine days for no votes. The merging sea Clause fails but the bill passes that I called it correctly. for no excuse me so the bill passes emergency clause fails return to the Senate transmitter the scent of the House. I'm sorry. Okay we're gonna move on Senator Irvin Senate bill six oh three. Senate six three by Senator Irvin. To clarify the law concerning healthcare insurers contracting with a temporary hospital facilitate and regulate health care contracts require good faith cooperation. You're recognized senator thank you members of the Senate this is kind of an and and Interesting situation. And the centers for Medicaid and Medicare services under the hospital hospitals without walls program they allowed to participate in ambulatory surgery centers to to convert to temporary hospital facilities and get a license for that during the period of the corona virus public health emergency and this program is a federal section eleven thirty five program to give our country the flexibility to meet the public health demands in order to treat patients and save lives in cooperation in an effort to on board as many facilities as possible to meet these demands for an ICU beds a code that and to meet the public health needs Department of Health suspended portions of its rules for hospitals and related institutions according to the governor's twenty dash oh six and twenty dash sixteen executive orders to allow the issuances of hospital licenses to facilities previously licensed as a military surgery centers so that they can enroll in the hospital without walls program so both Medicaid three DHS and Medicare were able to work closely through this transition with those participating entities to support the payment transition that the license required however. The private insurance companies did not and so this bill ensures that any medical facility that signs up to be a hospital without walls under what's federally designated gets a license to do it that then they would be paid accordingly and that their contract would not be leveraged or canceled when they would transition back to be in and able to or surgery center and that actually happened where we had companies in the State of Arkansas that had negotiate for nine months and then got their cancer contracts cancelled and their patients now are without health care and this is an abomination it's ridiculous and we need to support anybody and everybody to sign up to be part of a hospital without walls program and to make sure that they are paid and that this is not leveraged against them and and I just appreciate the people that stepped up to fill a need in and to do this and we should not they should not be penalized for stepping up and helping meet the needs of our COVID patients in the state of Arkansas this is a phenomenal bill and it's really really critically important to make sure that we encourage participation in hospital without walls program I'll be happy to take any questions are there any questions for senator. Seeing none would anybody like to speak against or for the bill. Seeing none serving very close for your bill yes I am close I appreciated the cage is closed for the bill and I just want to say thank you to the people that stepped up and did the. Thank you are there any objections to rolling the vote. Madam secretary see no objection please roll call roll the. 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 with any senators like change their vote. No Senator flowers is the No. Your body else. Madam secretary was cast a ballot the thirty forty eight one day the bill has passed transmitted to the house. We're gonna go to senator garner for motion you're recognized yes Sir Sir by understands this is S. B. five ninety to one I just voted on for the mass requirement it requires a mercy which we did not get so we'll make a motion to expunge the vote by which the mercy war failed and asked if you we run again that's proper motion the second part. Review the revote only on the emerging part. That is a proper motion. All in favor of accepting the motion to expunge the vote on the emergency clause only we say aye. Sign opposed your motion passes. We go there. Motion to revote SP five ninety the emergency clause only. That is a proper motion. Is there any comment on the motion seeing none all in favor of accepting a motion police say aye. Sign opposed motion carries. So we need to have a vote madam secretary is there any objection to rolling the vote on that emergency clause only. We need twenty four votes seeing none madam secretary please role of. Ballinger Beckham Bledsoe. Caldwell. Bill Clark. Davis Dismang. Eads Elliott. English. The. 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. Are there any senators that wish to change their vote I have senator Chesterfield is no. I'm sorry. Sturch is enough not voting I've got Senator Tucker with the no vote. Senator Ingram was the no vote Senator Hendren with the no vote. Senator Elliot is a no vote. The other Senator Chesterfield is a no do we have any other senators wishing to change their vote. Looking around the room. Last. Madam secretary. Senator Leding is no. Read. Madam secretary I think we've given them enough time please cast well. With the twenty seven year a. Seven eight one no votes. No one not voting. So the emergency clause does passes twenty four votes were needed transmitted the House. We're members we are going to go back to the house bill's house bill ten sixty eight Senator Davis for amendment amendment one the house bill ten sixty eight. Your my bill my amendment. That is proper motion all in favor please say aye. Same sign opposed. The Amendment pass. I'm sorry Senator grossing. We. So we will go to House Bill ten sixty eight Senator Davis. We will go to House Bill Evans thirty six center may result. House bill eleven thirty six by representative board Senator Davis to require hepatitis C. screening during pregnancy you're recognized thank you at this bill requires hepatitis C. screenings for women during pregnancy there is an opt out option and out of the thirty six thousand first that we have in the state of Arkansas every year about two hundred of them have hepatitis C. the numbers are increasing year after year and it takes years for symptoms to even show up so it's very hard to catch and this is an easy and treatment that they can do on women while they're pregnant versus a lifetime of treatment on babies once they're born it's bloodborne and so whether women delivered vaginally or through caesarean section they can transmit and hepatitis C. to their baby and this only as a cost savings and but it's just a good and pro life health outcomes bill and it's also consistent with CDC guidance for other at communicable diseases and with that I'll take any questions are there any questions for Senator Davis. Anybody wish to speak against or for the bill. Seeing none are you closer thank you senator Davis is closed for the bill any objection to rolling the vote. Seeing none madam secretary please roll the 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. Seeing none Madam Secretary cast up the ballot with thirty five Yeas zero nine house bill eleven thirty six this past we will move on to house bill eleven transmitter returned to the house. We'll go to Senator Ballinger house bill eleven sixty two. House bill eleven sixty two by representative Madison center Ballinger to amend the law concerning beneficiary deeds and prohibit the recovery of benefits against an interest of acquired from a deceased recipient back in grantee of a beneficiary deed in certain circumstances. Senator Ballinger you're recognized. Thank you Mr president and the the federal require us to to go and collect from the state from anybody who is received it to the H. US benefits however it doesn't go as far as to cover beneficiary deeds SO and and frankly we don't we don't usually collect them off from the states that pass buy benefit beneficiary deed the amount of money that we collected very minimal what this does is provides a mechanism for people to use a beneficiary deed and not have the the home usually it's a home that transfers the be subject to We could from DHS. Happy to answer any questions are there any questions Senator Ballinger. Would anybody like to speak against or for the bill. Seeing none Senator Ballinger is indicated that he's close for the bill. Any objections to rolling of a. Seeing none madam secretary please rule of the 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 many senators wish to change their vote. There's no wires no. Anyone else seeing none that I'm Secretary cast a ballot with thirty forty eight and one may house bill eleven sixty two is passed return to the House we will move the house bill twelve sixty four Senator David house bill twelve sixty four by representative Pilkington and Senator Davis to create a small town economic development. You're recognized thank you and this bill simply address and the amount of money and that can be spent that impacts the exemptions the licensing requirements for architects and on projects in cities and communities so the law that was originally passed was back in the nineteen eighties and it was at a hundred thousand dollars anything less than that you do not have to have an architect and it's never been just adjusted for inflation so if you adjusted today for inflation it would be three hundred and twenty thousand dollars this bill simply raises it to two hundred fifty thousand it also has a two year sunset sail we can come back and look in two years to ensure that this was to be the right thing or if not go back to the hundred thousand dollars but what this will allow is cities that are investing money and revitalizing areas within their community or other people who bought property and are investing to six places that and it's just less money going to architecture fees are necessary and more money invested in properties and just to provide opportunities for economic growth in those communities and there is no opposition to this bill and I'll take any questions are there any questions for Senator Davis. Seeing none would anybody like to speak against the bill or for the bill. Seeing none Senator Davis are you close thank you senator Davis is indicated she's close for the bill is there any objection to rolling of a. Seeing none madam secretary please roll the Ballinger Beckham Bledsoe Caldwell Chesterfield Clark DISMANG Davis needs Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample so Stubblefield Sturch Sullivan Teague Tucker Wallace. Are there any senators wishing to vote or change their vote. I'm. I'm sorry. Ours is no flowers is no I have I believe Senator Tucker is no. In center Beckham is no anyone else on the side. We're moving over here everybody get their vote. Senator hill. Madam secretary cast the ballot. With thirty two the A. M. three day house bill twelve sixty four passes please return to the House will moved to house bill thirteen seventy nine by Senator Ballenger. House bill thirteen seventy nine by representative Benson Senator Ballinger to amend the law concerning consent to adoption relinquishment of parental rights during the adoption process and concerning the report expenditures related to an adoption. Ballinger you're recognized thank you Mr president in two thousand nineteen there's real effort by representative in those and other who were we're working on trying to reforms with adoption primarily what we've seen is within the Marshallese community was in real abuse in the in the in the process and and with that community but but it actually goes a little further that but we we experience that primarily in Northwest Arkansas well in his effort he came into some Dobson's attorneys who heads and start with some of the things wind up passing a small part of that in two thousand nineteen what what this is This Is after working represent Penzo working for two years with adoption attorneys to put together a reform package that it has universal support and basically it does a couple things wanted to provide for a mechanism for for parents the biological parents to have representation of the voluntary doesn't speak English to provide for a mechanism for them to have an interpreter appointed and then it requires a full accounting of a of expenses in the process some some some of the stuff is pretty much what some judges are doing there there are some judges that aren't quite as strict on it but if in the end this is a good good policy and is universally supported by everyone that I've been in contact with. Are there any questions are there any questions for Senator Ballinger. Vote with anybody like to speak against the bill or for the bill. Seeing none Senator Ballinger is indicated that he's close for the bill are there any objections the rolling The vote. Seeing none madam secretary please roll 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. Are there any senators wishing to vote or change their vote. Seeing none Madam Secretary cast up the ballot with thirty five yeas and zero nays house bill thirteen seventy nine is passed return to the House we will move on the house bill fourteen sixty senator garner. Bill hang on just a second. Fourteen sixty represented one second Senator Garner to create the work force freedom active twenty twenty one to eliminate decorative license requirements at the local level and to increase economic opportunities for workers in Arkansas. Senator Garner you're recognized thank you this is allows us to create one uniform standard for occupational licenses and takes away from like a local city or county from put in a different occupational licenses you think about if you move the Little Rock to pay a bill to pay a bill somewhere else you have to get a brand new occupational license or new feet I could be an issue there's no known opposition in this I think they we work with Municipal League and it's a good common sense bill we have not seen a problem in Arkansas but across the United States has become more of an issue we kind of had it all or is there and she's a good common sense economic development deal with that I'll take any questions. Are there any questions for senator garner. Seeing no questions would anyone wish to speak against the bill. For the bill. Senator garner would you like to close for your bill I'm close garner's close for his bill is there any objection rolling Love. Seeing none madam secretary please roll 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. Are there any senators who wish to change their vote. Loures president Senator flowers present. Any other senators would you to vote or change their vote. Seeing none Madam Secretary cast up the ballot thirty forty eight and one present house bill fourteen sixty this past returned to the house we will move to House Bill fourteen eighty seven and I remind members this as an emergency clause requiring twenty four votes Senator Gilmore house for fourteen eighty seven by representative Gonzalez in center Gilmore concerning man business liability for person exposed to cover nineteen all into an emergency. Senator Gilmore you're recognized thank you Mr president members this bill is just got to find a another one of the governor's executive orders giving some protection to businesses that stayed open during the code pandemic again this doesn't you know if they're willful reckless or anything like that obviously wouldn't cover them but again it is a governor's executive order the recall defined this was discussed at a L. C. on Monday so just to tie that back to so we'll I think had some questions in that may have been answered just wanna point out this discussed they'll see so with that I maybe take questions are close are there any questions for senator Gilmore. Seeing no questions would anyone like to speak against the bill. We would like to speak for the bill. Senate Bill Murray close for your bill I'm close appreciate good vote. There any objection to rolling of a. Seeing no objection rolling a vote 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 to change their vote. Is no why ours is a no. Any other senators wish to change their vote. Seeing none Madam Secretary passed up the ballot with thirty four yea and one day house bill fourteen eighty seven passes returned to the house the emergency clause is passed as well. Will move the house bill fifteen oh five Senator Ballinger fifteen oh five a representative Fite and Senator Ballinger to amend the law concerning the penalty for driver who fails to remain at the scene of an accident the results in death or personal injury. Senator Ballinger you're recognized thank you Mr president this is that represent five nine court with the victim advocacy group and what it does is if if somebody's killed or seriously injured in a hit and run it moves it from a Class D. felony to a Class B. felony happy to answer any votes are there any questions for Senator Ballinger. Seeing no questions would anybody like to speak against the bill. For the bill. Senator Ballinger is indicated that he is close for his bill you're speaking for. Senator Garner for against just own it I guess on some insurers Senator Garner will speak on the bill I apologize. Good bill this is just one little issued I think we need to fix and I won't address on this bill hopefully we can run No bill I noticed present five to a lot of work. There's no way means radio or mental state needed in order to be convicted of this fellow. Now currently under law if you flee there is known as well. But that is a Class D. felony which is six years this is a Class B. which is extensively a lot more punishment we had a pretty vigorous debate. I think this if it goes to like this I think it's still could be effective. But there is an argument that this can be found on constitution which I don't think that's what we want obviously I think we I'm I'm fine pass this although for it but I think we'll bring that back with the mental state I think that's something we need to get fixed I don't want to hold this bill do it for me to thank. Are there anybody else who would like to speak against the bill or for the bill. Seeing none is there any objection to rolling the vote. Senator Ballinger you close for your bill. Indicates that is close for the bill. Madam secretary please roll the vote with no objection. 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. Are there any senators who would wish to change their vote I've got Senator Chesterfield doesn't know Senator Clark is the No so. Senator flowers is present I have no Senator flowers is no excuse me senator flowers is no. Senator Elliot is non voting. We have any other changes a vote senators on the right half of the chamber. Centre back did you indicate. No he's good. Senator Tucker is the president. Anybody else on the side of the chamber let's move over here any senators on the left side of the chamber interested in changing their vote or casting a vote. Seeing none Madam Secretary cast up the ballot. With thirty eight three nine eight one on voting and one president house bill fifty no five Assens. Returned to the house we will move on to House Bill fifteen ninety seven Senator Ballinger House fifteen ninety seven by representative board Senator Ballinger concerning the possession and use of pepper spray or tear gas. Senator Ballinger you are recognized. Thank you Mr president bill sounds a lot more fun that it is currently in the low the the management of pepper spray the person's life to possess would actually make most bear spray illegal what this does is increase the amount enough to make it where most bears beat verify the principal by would be legal that's it created all right you have to answer questions but are there any questions for Senator Ballenger seeing none are there anybody that would like to speak against the bill. Or for the bill. Seeing none Senator Ballinger is indicated that is close for the bill are there any objections to rolling the vote. Seeing none madam secretary please roll the. 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 we have any senators who wish to change or cast a vote I've got Senator Chesterfield is no. Dr anybody else on the right side of the chamber. Seeing none any vote change on the left side of the chamber. Last chance seeing none. Madam secretary cast of the ballot. With thirty four yea and one day House Bill fifteen ninety seven has passed returned to the house we will proceed on the house bill sixty for every senator back. Sixteen forty by representative Hillman to amend the law regarding industrial hemp production to repeal the law industrial hemp back into established the Arkansas industrial hemp production at senator Beckham you're recognized. Thank you this press this bill rewrites the industrial hemp production act to mirror federal law. my understanding is you're just start over that's what the bill does starts over and re writes the. The entire at as representative Hillman mentioned in committee I'd be happy to answer any questions on first ten pages. Are there any questions for senator back in. Seeing no questions is there any member who would like to speak against the bill or for the bill. Senator Beckham has indicated that he's close for the bill are there any objections strolling the vote. Seeing no objections Madam Secretary please roll the 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. Are there any state senators wishing to vote or to change their vote. Go right side of the chamber first seeing none left side of the chamber wishing to change or cast a vote. Well I got present for senator Bledsoe is there anyone else. Seeing none madam secretary please cast up the ballot with thirty forty AM one present house bill sixteen forty as past returned to the house will move to House Bill sixteen seventy nine senator Caldwell house sixteen seventy nine by representative Hillman to amend laws related to plant industries regarding pesticide control fertilizer registration in line vendor licensing. Senator called on your writing ninety seven the members just bill is nothing but a clean up bill coming of from language we need to clean up from transfer transformation of you have any questions I'll try to answer are there any questions. Are there any questions for senator Caldwell. Saying no questions would anybody like to speak for this bill or against this bill. Seeing none center Caldwell as indicated he's close for his bill any objections to rolling the vote. Seeing none madam secretary please roll the. 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. Are there any senators wishing to change their vote on the right side of the chamber first. Seeing none left side of the chamber of Senator English is a no vote I have senator Gilmore is the president Senator Tucker is the president. I have senator Beckham as a non voting. Do I have any other members wishing to change their vote. Seeing none Madam Secretary cast up the ballot with thirty one year a one day one nonvoting and to present House Bill sixteen seventy nine has passed returned to the house we will move on the House Bill sixteen ninety four Senator Caldwell I remind members this has an emergency clause twenty four votes are required sixteen ninety four by representative how Holloway in center Caldwell to preserve public property preserve the pantry research station and declare an emergency centre Caldwell you're recognized thank you president of members this bill allows those to reserve the of public property and Pinetree Arkansas for public use it also allows the university to sell the property to a nonprofit organization to do some work that they want to do and I would appreciate a good vote. Are there any questions for senator Caldwell. Senator Hendren you're recognized. Thank you Mr president so this is the only talked about budget my understanding is this is going to prohibit the sale that they have under contract now for sixteen million wasn't screwed. And but it would be impossible for them to sell it but only to a. Institution that you've got listed here thank you. For a company or organization that whose primary objective is to keep the land open to the public this current. Are there any other questions for senator Caldwell. Seeing none would anybody like to speak against the bill. For the bill. Senator Caldwell would appreciate a good vote thanks very much they're Caldwell as close for his bill is there any objection to rolling the vote. I see no objection to rolling the vote so madam secretary please roll the vote in here in your appropriate times and. I remind members that we have an emergency clause twenty four votes are required for the merger Clause. 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 change senators wish to vote or change their vote I got Senator Hendren is the No Senator Davis is the No right side of the chamber don't have anybody else. Removing the left side of the chamber any members wish to vote I have Senator Hester is a no vote. Senator Eads is the president. Anyone else wish to change their vote. Seeing no other changes Madam Secretary cast up the ballot with thirty one U. eighty three nine a and everyone present House Bill sixteen ninety four and it's emergency clause pound returned to the house. We will move forward to House bills one seven seven three Senator walls seventeen seventy three by representative Hillman. To conform to federal law concerning agriculture water resource conservation and development measures and to amend the time period for completing projects under the water resource conservation and development incentives act. Well. Thank you program. Members COVID has slowed up all of us in this load up some of our water resource conservation bills we're working on our projects this simply moves and says that all projects must be completed within five years as as opposed to the three before of the date of the certification of tax credit approval. And that this is will be retroactive. For all projects for which a certification of tax credit approval was issued on or before one January two thousand seventeen it passed with ninety five votes in the house and I stand by for your questions a question. Senate bill. Thank you Mr chairman thank you senator Wallace. You said will apply retroactively does that. currently with exposed back to loans. Things can be passed after the fact searches for I don't know public medical this bill down and we can get the sponsor cultivate enforcing don't have a problem with it will you start applying things expose back till after that that I begin to wonder if that is something that we can do legally so how many of the anybody else is not limited to criminal. You and in that role criminal law it only applies. Okay thank you that is you will and with that questions. Anyone. Speak for senator to oppose I'm pretty close those close a were on the boat lease 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. You wish to change their vote cast up the ballot thirty five Yeas you're nice bill is passed returned to the house. Centered. We will roll calendar over till tomorrow and any announcements. The death budget calendar will be rolled over to tomorrow the