Senate Convenes

For. Sure sure. Sure does tomorrow. I've worked I have to work that hard. Your. Hammer. So it will come to order Secretary please call the roll. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace everyone please rise including those in the gallery you senator Eddie Joe would be done well please rise for the prayer Senator Mark Johnson is gonna lead us in prayer. Please join me in prayer. Heavenly father we thank you for the opportunity to come together as friends and colleagues to serve the people of Arkansas is we represent individual constituents but also collectively come together as we try to serve you. Please guide us in everything we do help us to make the right decisions when they're difficult and to enjoy the respecting collegiality of our friends when we agree and also when we disagree please watch over our state our governor our constitutional officers our congressional delegation as well and guide them in how you would have them serve our people bless all of us to your service the same we ask a name of your son Jesus Christ a man. Please join me in pledge. I pledge allegiance to the Flag United States of America to which it stands. Indivisible with liberty and justice for all. Now. This press sentencing you're recognized thank you Mr president please help me welcome our doctor of the day from Maumelle in my district Dr Kimberley garner. Please give a hand. When we practice physician and course are nurses renewed hearing thank you always printed thank you. Thank you senator Johnson any other announcements or introductions. Any further announcements say nine minutes sector the items to be read across this. Mr president this is to inform you that on March twenty nine twenty twenty one I approved the following measure from the regular session ninety third General Assembly Senate bill eighty five now ACT nine forty four ninety eight sincerely Asa Hutchinson governor pilot. Mr president will your committee on row Bills to whom was referred the following Senate bill thirty by Senator English Senate bill one forty nine by Senator Dismang Senate bill one fifty by Senator Dismang Senate bill one fifty one by Senator Dismang Senate bill three fifty two by Senator Irvin said bill for seventy by Senator Dismang compared the enrolled copies with the original and find the same correctly enrolled in delivered to the governor at nine fifty eight AM this morning five. Mr president your committee on Rhode Bills to whom was referred Senate concurrent memorial resolution one by Senator Ingram Senate bill thirty eight by joint budget Senate bill forty one by joint budget senate forty five by joint budget Senate bill fifty six by joint budget senate fifty seven by joint budget Senate bill ninety seven by joint budget senate for nine by Senator Irvin per the roll copies of the original at nine fifty eight AM delivered to the governor for his approval five. We are committee on engrossed bills to whom was referred Senate bill five twenty seven by Senator Gilmour compare the engrossed copy with the original find same correctly engrossed public health Committee on engrossed bills to whom was referred Senate bill five seventy by Senator Sullivan compare the engrossed copy with the original find same correctly engrossed public health Committee on engrossed bills to whom was referred Senate bill six oh two by Senator Irving compare the engrossed copy with the original find same correctly engrossed Insurance and Commerce. Where your committee on a plan to whom was referred Senate bill five sixty six by Senator Wallace recommend due pass counted Committee on and try to him was referred house bill sixteen forty best represent Hillman recommend due pass counted. Don't I cry to whom was referred house bill sixteen seventy nine by representative Hillman recommend due pass counted Committee on and brought to whom was referred house bill seventeen seventy three back represent Hillman recommend due pass counted Committee on a plan to whom was referred house bill sixteen thirty six by representative Bob recommend to pass as amended number one calendar. Committee on city county local to whom was referred Senate bill two ninety eight by Senator Stubblefield recommend due pass counted Committee on city county local to whom was referred senate five ninety two by Senator sample recommend due pass counted Committee on city county local to whom was referred Senate bill fifty nine by Senator Ballinger recommend to pass as amended number four calendar committee on city county to whom was referred Senate bill three eighty six by Senator Clark recommend to pass to concur in house amendments one and two calendar committee on city county local to whom was referred house bill twelve sixty four per cent Pilkington recommend due pass counted Committee on city county local to whom was referred house bill sixteen eighty three per cent Johnson recommend due pass counted. Committee on joint budget to whom was referred Senate bill fifty by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill one twenty one by joint budget recommend due pass counted Committee on joint budget to whom was referred senate bill four forty four by Senator Elliot recommend due pass counted. Committee on Judiciary to whom was referred Senate bill two eighty four by Senator garner recommend due pass counted Committee on Judiciary to whom was referred Senate bill five thirteen by Senator Clark recommend due pass counted. Committee on Judiciary to whom was referred senate five six by Senator Clark recommend due pass counted Committee on Judiciary to whom was referred Senate bill five sixty one by Senator Clark recommend due pass counted Committee on Judiciary to whom was referred house bill eleven sixty two by representive Maddox recommend due pass counted Committee on Judiciary to whom was referred house bill thirteen seventy nine members to Penzo recommend due pass counted Committee on Judiciary to whom was referred house bill fourteen ninety seven by representative Gonzalez recommend due pass counted Committee on Judiciary to whom was referred house bill fifteen oh five by representative fight recommend due pass counted Committee on Judiciary to whom was referred house bill fifteen ninety seven by representative board recommend due pass counted Committee on Judiciary to whom was referred house bill sixteen fifty one marex representative McCollum recommend to pass as amended number one counted committee on transportation to whom was referred house bill fifteen sixty two very attentive McCollum recommend to pass as amended number one calendar. Senate bill six fourteen by Senator Davis to amend the Arkansas law concerning paid canvassers to amend the law concerning the compensation paid canvassers and requirement an emergency Senate bill six fourteen state agencies Senate resolution eighteen by Senator Ingram to proclaim April two thousand twenty one is autism awareness and acceptance month in Arkansas Senate resolution eighteen calendar. Any further business to come before us in the morning agenda. You saying that will be moving on to the business. I'm sorry. One out of a moving on to the business agenda. Senate bills two concurring house amendments Senate bill one fifty nine Senator Eads you're recognized. Amendment one to Senate bill one fifty nine this is just concurring on minute to minute Ted sponsors co sponsors in the house and. Okay centers you've heard the explanation of the amendment all in favor of the amendment say aye. Any opposed. M. as adopted enrollment. Senate bill one fifty nine by Senator Eads to amend the law comes concerning the law enforcement agencies for private colleges and universities and to allow private schools to establish them and appointed in an institutional enforcement officer. Senators will now hear the underlying bill Senator Eads you're recognized. The members of our share the details of this bill this already with that amendment to add co sponsors and this puts the private school on the same page as public school to be able to add their own police force there locally and follow the same rules and I appreciate a good vote. Anyone who wish to speak for against the bill. C. nine center is close for his bill. Any objection rolling the vote on this bill. Say no objection I'm 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. Is there any senator who wishes to change their vote on this bill. Flowers president Senator flowers is present. Anyone else who wishes change their vote on this bill. St nine AM secretary please cast a ballot. The voter thirty four yeas and zero nays and one present the bill has passed then roll it. Senate bill amended number one Senate bill three thirty three Amendment number one Amendment one Senate bill three thirty three. Senate rates recognized again thank you Mr president again colleagues this is just adding co sponsors in the house and they were concurring on this amendment. Well now take a consideration for the amendment all in favor of the minute they say aye. Any opposed. Minister Dr. Senate bill three thirty three by Senator Eads to amend the law concerning the lawful display of a license plate and to create an exceptional section allowing certain devices tipster license plate Senate will now hear the underlying bill senator Elliots you're recognized thank you Mr president colleagues this is the underlying bill that we've talked about voted on before provide exemptions for those types of things that may obscure license plate like a bike rack or a boat trailer wheelchair care things like that and I appreciate a good vote. Any senator who wishes to speak on speak for or speak against this bill. C. nine Senator Eads indicate he's close for his bill. Is there any objection rolling the vote on this bill. Say no objection 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. Any senator who wishes to change their vote on this bill. St nine AM secretary please cast a ballot. The voter thirty five Yeas zero names the bill has passed. Enroll. Senator Hickey Mister recognized yes thank you Mr of members yesterday in education we ran a lottery bill that everybody's waiting on until we get finished when they file their scholarships however we had an amendment on there and that did not get to placed on the calendar so I wish to suspend the rules to place Senate bill five eighty four on the second reading for purpose of amendment. You've heard that the motion put Senate bill five eighty four on the calendar for purpose of amendment. All in favor of this motion please say aye. All opposed motion carries Amendment one Senate bill five eighty four Senator Hickey recognized explain your amended by bill by amendment. Hi if the senator explained is amendment on statement say aye. Imposed. Senate Amendment has carried place in real. Senator gross Senator Hickey is recognized yes I've also like to be recognized for a motion of members this is in regards to the mask rule that Mr well and had emailed you all about yesterday so that you wouldn't be caught off guard so make that motion now I move suspension rule six B. of the total twenty twenty one regular session Senate rules committee procedures and section two AA of the Senate temporary emergency procedures regarding the mass requirements in the city Senate committee rooms public holding comment rooms and Senate facilities for the remainder of the twenty twenty twenty one regular session and this would become effective as of April first twenty twenty one. Right you've heard Senator Hickey explains motion are there any questions for Senator Hickey on the motion. Saying no questions anyone who wish to speak for or against the motion of center and it has a question. Senate thank you so. Why is to not just met but of the public who comes to our our our meeting rooms and so forth is it just us well this this this will be as as it relates to us because it's our Senate rules as you probably know the mass mandate that the governor had was not put on the. It owns so that will also be expiring as of March thirty first this makes that consistent with with that that's why I'm actually asking for to be April first. All right thank you yes ma'am Senator Rapert question. The center in addition to the mass mandate when can we get rid all these protections actually I have a motion for that members but I would I would hope that we would leave those up and let me let me kind of tell you why what we are still under would be if a member were to were to contact the are contracted virus and become sick you know we would still have to do the quarantine the way that set up if a member sets of immediately to your right or left you of course would have to quarantine because of that if the plexiglass is up on the front. Then the members that are behind or in front wherever you're at we could possibly get away without having to quarantine with that so there is a reason to to leave the. As a reason to leave it all up there's a really a great reason to leave the The glass on the front of. Thank you Sir. Senate Chesterfield U. SEC west. Senator Rapert is already anticipated my question I'm hoping that those who don't want please leave mine alone thank you. Any other questions Senator Hickey. Saying that anyone who wish to speak for against the motion. St and will now take a consideration of the motion to suspend the mask requirement all in favor of the motion say aye. Well posed. Motion carries. By Senator now removed to Senate bills for a third reading and passage. Will now take up Senate bill four seventy nine. Senate bill four seventy nine by Senator Tucker to provide relief for restaurants to allow restaurants to expand outdoor dining to delay the payment of restaurant sales taxes and is clear emergency. Senator Tucker you're recognized thank you Mr chair this bill is designed to help restaurants as we all know so many businesses in Arkansas have been heard negatively through the pandemic restaurants have really been impacted because not only is it a place where people gather together which we tried to caution against over the last year but it's where people gather together they have to remove their masks in order to eat. I'm hopeful I think we all are that that we're approaching a point where restaurants can really be fully re open and this bill is designed to to try to help restaurants come out of the pandemic a little easier the bill really does two things the first is. It allows restaurants that sell alcohol to be able to expand outdoor dining without having to get ABC's permission before they do that let me just clarify a couple of points the first is that the restaurant still has to go through their municipality of the county or whatever the regulatory authority over the zoning is in order to expand the outdoor dining service and then secondly. the restaurant still has to notify a BC of the expansion of the outdoor dining they just don't have to get ABC's permission in order to do it so it's just one less who that the restaurants have to jump through in order to expand their outdoor dining service which we know a lot of restaurants are doing in the wake of the pandemic just one other point to clarify even with the expansion of outdoor dining service you still have to comply with all existing ABC rules and regulations so you still have a defined area that's either owned or leased by the restaurant where the outdoor dining service will be and it also is in the bill that if you are expanding the outdoor dining service to the point where it requires a different kind of permit then you still have to get ABC's permission otherwise you only go through the municipalities to let ABC know but you don't have to get their permission before you can expand your outdoor dining service the second point is that it allows restaurants to pay their sales taxes on a quarterly rather than monthly basis really for the next year Senator Mark Johnson raised an excellent point in committee. That there are a number of tax filers who already pay their sales taxes on either quarterly or even an annual basis there's no opposition that I'm aware of to the first point of expanding outdoor dining service just as a matter of full disclosure the FAA did come to the table in committee and and they do oppose the pay payment of the sales taxes on a quarterly basis rather than on a monthly basis however I really think this and set up some restaurants may not make use of it but I talked to a lot of restaurant owners and they said it would be nice to have that option to pay their sales taxes on a quarterly rather than monthly basis for the next year we know that cities and counties are gonna have a lot of money coming in because of the the stimulus bill that's coming through neither the cities or counties came to the table to testify against the bill on the sales tax issue so aside from that opposition point from the FNA that but they're the only ones who came to the table to speak against that portion of the bill there was another piece of the bill that we took out in committee in case you heard anything about that originally there was a proposal to cap the fees between a restaurant and a third party delivery service so that section was removed entirely from the billing case you had any concerns about that so the only two pieces that remain or the expansion of outdoor dining service and the payment of sales taxes on a quarterly rather than monthly basis with that Mister chair I be glad to take any questions. Questions for the senator Tucker Senator Rapert. Yes Tucker were you present for governor Hutchinson's remarks to the ale CD of the day no Senator I was not in that meeting he reiterated the fact that there are currently zero business restrictions in place now. Okay and so so I'm just wondering. I'm I'm I'm a little lost here on this the bill may may have been relevant a month and a half ago but given the fact that there are currently zero business restrictions in place there only guidelines there no directives do you think the perhaps the bill is now no longer relevant. This doesn't actually address any of the directors that were in place during the pandemic it's just seeking to help restaurants moving forward into the future so you're right now regardless of the directors of the guidelines or not if the restaurant for example wants to expand its outdoor dining service they have to get the permission both of the municipality where the restaurant as and also ABC this would change that moving forward so that they only have to get permission of the municipality in the zoning authority all right they sought to notify ABC they just don't have to get a B. C.'s permission and I think it's reasonable to think that as we come out of the pandemic more restaurants will want to expand their outdoor dining service and just because because it may be more your put your point just because the restrictions have been lifted doesn't mean that a lot of restaurants still aren't suffering financially that the lifting of the restriction that magically remove all the financial harm that they suffer for the last year the restaurant owners that testified in committee said that you know their business was down thirty five to forty percent and twenty twenty over twenty nineteen and that's continued into twenty twenty one and so this bill is just designed to help them try to. hopefully generate more revenue through more outdoor dining service as a move in the future and help with the cash flow by paying their sales taxes on a quarterly rather than monthly basis. It seems to me that that the to be Frank with you that this is more just about a bill. Wrapped in the COVID nineteen issued simply to get rid of having to have a B. C. permission would that not be so. I'm sorry Senator I can understand everything you say well it seems to me that obviously the pandemic is out there but with no business restrictions in place in the state of Arkansas it seems to me that this issue is wrapped in the language of the pandemic but it really is about simply removing a requirement to have A. B. C. approval would you not agree yes I probably wouldn't put it exactly that way but I I think that's that's pretty fair as just a little bit of a deregulation in terms of expanding outdoor dining service thank you and then you still have to notify BC if the change in permit type you still have to get ABC's permission you still have to comply with all existing ABC rules and regulations. Any other questions for Senator Tucker. Say no questions anyone who wishes to speak for or against the bill. Senate is trying to speak for the. Thank you and members and I I thought this actually just happened to the walking into city county local one day and and what I'd say is your point there are no mandates in place but guidelines are still in place this morning I can't say enough I don't think that you're protections your liability protections that are through the executive order and I think you're coming through legislation right now a part of the requirement is that you you know kind of hold true to the guidelines SO again mandates may not be there but guidelines are and you have businesses that want to maintain that liability protection so they're going to will fully follow the guidelines because of that and I think that's part yes it so to your question that that I think that's the answer and then also the provisions there about sales tax I mean you had businesses that were literally shut down or altered almost overnight with very little notice by the state you actually had food that went bad in freezers refrigerators because they weren't prepared for the swift change that occurred due to the state mandates and requirements that were put into place so you have companies or businesses that are revealing still from the losses they incurred previously the good news is that you know the folks heard now patronizing by those businesses again and tables are are are filling up and I think that's a wonderful thing but they're still backlog of trouble that was created by the state of Arkansas this bill provides a little bit of relief and I appreciate the senator bring. Senate race has questions this is my my time for questions it is gone with with the Senator Tucker. So this talks about restaurants with a valid alcohol beverage permit. So I and I and I think I maybe know the answer to this those that don't have that I guess they can expand only with the I guess owning permission of the local municipality I just don't program I have Senator is here we go skirting A. B. C. rules yet again I don't know that's that's really my concern and I expanding restaurant capacity I've been supportive of that everywhere replace of ever been but I just have a problem with wrapping this whole thing with dropping an ABC provision that was meant to be there to protect for protection of the people the community so that's really what I'm looking at I don't want to vote against any bill that I think is going to be helpful to our businesses that have been unnecessarily shut down and restricted when they should've been period. However this bill wraps it in all of this language but it's really about an ABC provisions says parkway yet I mean this is going to change the scope whether or not they can serve alcohol or not serve alcohol I think it opens up the number of tables that they're able to do so I mean they've already gotten their stuff to the ABC and when they open up those additional tables that allows and accommodate for the guidelines that are still in place it regarding restaurants in in in my ex like said hopefully be able to maintain some of that liability protection that they have so again it's not opening up to anyone else you just open up more tables more space more venue one PSA I just like to say and if you're a business in it you are impacted your late on sales tax be sure to ask DFA for abatement of the penalties I don't think they'll forgive the interest but I will forgive the penalties again I just just something that we need to be doing everything we can so these folks are able to get their feet back underneath them and by the way my brother owns a restaurant full disclosure. Senate Johnson wishes to be recognized speak for the bill. Senate Johnson you're recognized speak for the bill. Thank you Mr president We can come through this pretty good in committee and just want to share with Senate some of stuff that came out of the Senator Rapert the thing about the outdoor dining director Chandler is there and that was pretty well accepted that there ever they were cool with the way the bill was crafted on that was really a minor part we kinda get deep into the thing on the the sales tax and really you're not changing the total amount of tax of these businesses will pay but they instead remitting monthly they'll be able to remit quarterly so they're not affording any tax whatsoever just giving a little bit more time to pay this was a I thought a great bill that ascent Tucker came up with because it does help these business we know that all businesses have problems but restaurants because of the capacity limitations and others many of them or they're just not clawing back of we've lost some of our favorites I think about Frankie's cafeteria and I'm gonna miss their for eggplant casserole for the rest of my life but we need to save those Arkansas restaurants that we can save those jobs because a high percentage of more small businesses so this is a good bill I appreciate Senator Tucker bringing it and appreciate a good vote on it thank you. Anyone else wish to speak for against the bill. C. nine senator Jack here recognized close with them. Thank you Mr I'll be very brief Senator Rapert I just want to address the questions that you raise with Senator Dismang if if a restaurant does not sell alcohol and they don't need to go through ABC anyway that's why that portion is in the bill and attempt senator Johnson's point I did reach out to Director Chandler when I filed the bill and ABC doesn't oppose it she said that she may be concerned that a right there's communication with A. B. C. when they expand and that communication sometimes helps prevent future violations my hope is the fact that they still have to notify ABC that communication will still take place so just just to direct those questions with that I will know that it's Senate bill four seven nine so I hope every senator from northwest Arkansas will be supportive and with that I'd appreciate a good vote. Senator Tucker is close for his bill is there any objection rolling the vote on this bill. You saying no objection I will remind centers this does have emergency clause ma'am secretary please role though 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. Any senator who wishes to change their vote. Any senator who wishes to change their vote. Saying that ma'am secretary please cast about. The voter thirty five A. zero nine is the bill has passed please transmit the House. When I take up Senate bill five forty eight senate five forty eight by Senator Johnson to amend the law to allow for consistency and operations of volunteer fire department and in incorporated town or city of the second class Senator Blake Johnson you're recognized her members this bill helps the cities in the incorporated town cities of the second class to help their volunteer fire departments with the living fire fees are a living fire dues in those smaller communities they have to have a attested petition of a majority of voters so that's a that's a high bar to to put that for the people appreciate a good vote. Any questions Senator Blake Johnson Senator Hendren you're recognized. Senator Hendren is not recognized. Saying no questions anyone who wish to speak for against the bill. Saying nine centers in the case is closed for the bill. Any objection rolling vote on the bill saying no objection 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 any senator who wishes to change their vote. Say no Senator wishing to change their vote madam secretary please cast about. But the voter thirty five Yeas zero names the bill has passed please transmit the House. When I think of Senate bill five fifty four senate five fifty four by Senator Johnson to amend the law. To amend the law regarding alcoholic beverages and authorize beer wholesalers to distribute certain ready to drink products. Senate Johnson you're recognized thank you Mr president Senate bill five fifty four is a very simple bill it it. Clarifies it in the law for a new product this call ready to drink beverages is classified it's a spiritus liquor with the final finish produktivnost alcohol by weight and you may wonder how that is determined well it's by weight and there's also a by volume by weight is one point two five. Percent of or. One hundred twenty five percent of what it would be by volume so it puts it in similar category to how of beer and light wine is is is classified a this agree to bill and approved by the A. B. C. and I appreciate a good vote big happy answering questions any questions for senator mark Johnson. Say no questions anyone who wish to speak for or against the bill. C. nine Senator closed thank you appreciate a good vote centers close for his bill. Is there objection rowing the boat. There is an objection so madam secretary please call the roll. Ballinger. Ballinger. Beckham. Bledsoe. But she's not. Caldwell. Caldwell. Chesterfield. Chesterfield. Clark. Davis. Davis. Dismaying. DISMANG. Meeks. Elliott. English. English. Flippo. Flowers. Flowers. Garner. Gilmore. Gilmore. Hammer. Hammer. Hendren. Hester. Hickey. Hickey. Hello. Ingram. Irvine. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Rapert. Rice. Not. Sample. Stubblefield. You know. Sturch. Sturch. Sullivan. Sullivan. Teague. Tucker. Wallace. Any senator who wish to change their vote Senate Gilmore's NO. Senator Clark is not voting. Any other Senator wishes to change their vote Senator Hester is no. Any other Senator wish to change their vote Senator Dismang as I. Any others wishing to change their vote. Saying that ma'am secretary please cast a ballot. The vote of the eighteen Yankees nine days. Zero present a non voting the bill has passed please transmit to the House. Well take up the house bill's third reading and passage house bill twelve eighty one and it's emergency clause house of twelve eighty one by Senator Senator sample representative Warren to amend the law concerning duration of participation in the Arkansas public employees retirement system deferred retirement option plan Senator sample you're recognized her. Thank you Mr chair of Mr president members house bill twelve eighty one is the bill to tell you can change the April brought from seven years ten years. The Teacher retirement is it is it ten. It's this bill is to save some of the member some of the papers some of our employees. That have worked for us and we're losing. That the institutional knowledge so I have and so. It's not costing retirement system or very little if it's costing anything in. But for those who do not know what to drop is that's deferred retirement option plan I will take questions any questions for Senator sample. Say no questions is there anyone who wish to speak for or against the bill. C. nine senator samples indicate is closed for the bill any objection rolling the vote on this bill there is an objection madam secretary please call the roll Ballinger. Ballinger. Beckham. Bledsoe. But. Caldwell. Chesterfield. Chesterfield. Clark. Clark. Davis. Davis. DISMANG. DISMANG. Eads. Elliott. Elliott. English. English. Flippo. Flippo. Flowers. Flowers. Garner. Garner. Gilmore. Gilmore. Hammer. You can. Hendren. Hendren. Hester. Hester. Hickey. Health. Hello. Ingram. Irvine. Irvine. Blake Johnson. I Mark Johnson. Mark Johnson. Leding. Page. Rapert aye. Rice. Sample. Stubblefield. Sturch. Sullivan. Sullivan. Teague. Tucker. Tucker. Wallace. Any centers over here wish to change their vote Senator Pitsch is present. Senator Clark is behind. Senator Elliot is hi. Senator Davis is I. Any other senators of all my right. Senator garner is I. Senator Hendren is hi. Senator Tucker is hi. Senator Bledsoe as president. Senator Gilmore is. On my last senator Sullivan is hi senator mark Johnson is hi Senator Hester is hi. Any other senators wishing to change their vote. Any other change your vote Senator flowers is hi hi. Senator Chesterfield is hi. Any other situation change their vote. Say nine madam secretary please cast a ballot the voter thirty ace one day and to present the bill and it's emergency clause have passed. Returned to the house. Now take up house bill twelve eighty two twelve eighty two by representative warned Senator sample to amend the definitions of non state employees and participating public employer as those definitions apply to the Arkansas public employees retirement system and to define border municipal authority Senator sample you're recognized thank you of members house bill twelve eighty two is the name of it is a border municipal airport bill. A couple years ago we had to take and make the same change were making this for for the techs can airport we had to make the same change for Northwest Arkansas airport to allow their workers to be in the papers retirement system that's all it does it when you do this you allow the members taken joint APIS retirement system and and retire like other state employees. Any questions for senator samples. Say no questions is there anyone who wish to speak for or against the bill. Senate senator samples indicate is closed for the bill is there any objection rolling the vote on the bill. Say no objection by Senator please rolled over 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 any senator who wishes to change their vote. Senator Gilmore is present. Any other Senator wishing to change their vote. Saying that ma'am secretary please cast a ballot. The voter thirty four Yeas zero nays and one present the bill has passed please return to the House. Now take a House bill twelve eighty three house bill twelve eighty three by representative warned Senator sample to amend the law concerning the membership of the board of trustees of the Arkansas public employees retirement system. Thank you Mr president members of the house bill twelve eighty three deals with the adding forum members today present a purse Board if your call into nineteen we made the decision to retirement committee my decision so I can go around the state we went to live in cities around the state and and given the option of the people that were. Members of those retirement system's to tell you can tell us about how they felt about how the system operated and everything like that. The one thing that we heard the most it every meeting center Chesterfield you're were you were there at most of a. The the main theme was that we don't the apers retirees felt that they did not have adequate representation on their board. And they ask us to do something about it. Representive Warren and I spent. A lot of time on this trying to figure out how we can take can change that. We didn't want we want to make sure that there was a odd number on that board so there will be no tax. In and we try to figure out how we can get those people we had we had groups coming to us. Asking for representation on that for more several different groups and so we thought it would be fair to take and go to the the associations that had members. That were members of that retirement system. Thank you and and. And make recommendations on the House somebody could be appointed to that board. And so we here's what we came up with. One retire former state employee appointed by the executive director of state employee such a state employee association has I think somewhere around probably. Sixty one thousand members One retired former county employee appointed by the executive director of the substation counties all of the county association all of their members or members of a perch. A one retired former municipal employee appointed by the executive director of the Arkansas Municipal all of their. Members or members of the A. per system and one retired certified certified law enforcement officers appointed by the president pro tem of the Senate and the Speaker of the house representatives. Same thank. So this is our this is what we we ask you to take an approved. The the sixty thousand members of that association I feel like that they want to be represented more. And of those sick of yall the winter meetings you heard the membership all ask for the assistance of we're this bill is merely taken in. Taking into consideration the request from the membership of vipers. I'll take questions. Questions for several Senator Rice University. Thank you senator samples. The state again the total number of the current board. Them not the board is made up of one of. Nine members we changed it to Thursday this this we're going thirteen so Four members. And I will people that's part of the system to have representation with those four members if they get three other members to all of the rule of the board is that correct. That was my concern when when I first looked at this. Well. They could possibly be to board the board is is really made up of the the real makeup of the board is is the. Director D. F. and I. eighty the auditor the treasurer. And I'm trying to thank you but there is there's a lot of all of members on that board and the government has several appointees and so but I think it's I think it would be around seven that that would. The governor appointees or or constitutional officer okay and that might that might relieve my concern is that first thing I saw was what is going to thirteen and you getting for that might be unified because again we all take care stuff that's closest to us but I'm. Remember when we try to make it out the version okay cantor thank you senator mark Johnson you're recognized for a question thank you Mr president. Senator sample I was looking over the the manner in which some of the new people would be appointed and I couldn't help but go back to this issue I hate scratches Cavenaugh the one related to the plant board in the spring court in the rulings that you can't delegate certain organizations to carry out a state function what we you've done in this bill if you've got the state employees association association of counties in the Municipal League basically picking the members of the board representing in those cases state employees county employees and municipal employees that down and section on twenty nine on twenty and twenty one on the Page two you just say retired law enforcement officer who retired from a non manager position and I and I I like that I'm just saying are we going perilously close to dealing with some constitutional problem or or something if you delegate to these private nonprofit organizations who happened to serve the employees that are in those positions the power to actually appoint the board member and that and that is that just seems. Potentially problematic okay very and I actually there are nine let me let me go to the list so that to clear up. Senator Rice is questioning your question to. The weather on the board the auditor the treasurer secretary of D. F. and I. The governor has three appointments that make six then you've got. The I'm nonstate and that's a governor appointee. and that's from the county judges. yes. All. If the doctor the day the nurse can hear my voice would you please respond to the Senate please. Thank you just. I'm sorry Senator sample which is suspended from all. Members the chair will entertain a motion that we recess for ten minutes while we take care. Thank you. I. Senators I appreciate your concern but would you mind to take your seats while we let the doctors. Centers if you'll take your seat will go ahead and resume. Thanks take your seats. Senator sample you're recognized. I'm sorry for Senator Chesterfield I hope that. She gets better on the Let me start over again on the on the the the governor's appointees are and they constitutional officers are obviously not governor appointees but the governor has decided that they have he has three that he makes the appointments on. And then from the county judges the governor has appointed a from the my years the governor has a point three and then it has a I'm nonstate member that he is an appointee so he actually has nine. Of the members. We're just waiting for more and so that won't change the governor's. Ability to control everything on the on the committee And. Any further questions for senator samples Senator Hendren you're recognized. Thank you Mr president Senator sample yes of. Three of those nine current members are ex officio members. Of the park yeah but you're right the first three are ex officio but they have the voter they can vote. And so that's what I wanted to see is because there's a big difference between these for getting four out of the three ex officio as hell voting ability. And if they do they normally attend the meetings and things of that the either attend or they send the there are a point clear. They like to read it and that he gets to vote as a bill. Thank you. Senate take questions. All right. I can see if I need to. Senator said what clearly juvenile center to build have conspired to get the bill out of session by distracting everybody I just want you know we saw through that. Thank you senator mark Johnson you're recognized for legitimate questions thank you Mr president out and I'll try to be more clear Senator sample my problem is not with the appointment of people a state employee a former county employee and a former municipal employee I think that's great my problem is with the fact that the it's actually done by these associations that are private nonprofit now to recommend someone like that is is fine I have no problem with the recommendation by those organizations but to have them actually make the appointment I'm concerned about that because of some of the bill that the litigation for example related to the plant board it's bill being dealt with by the Supreme Court do you have any concerns about not have a problem with those because they already appoint thank. Thank. Thank you they give the governor. Both the Municipal League and the association of counties. If the governor to appointees are read the recommendations right recommendation but there's a difference when recommendation under that statute that this organization the end with a semi automatic these four will not change the way I mean than nine well out vote to for service. Okay well respectfully disagree with you so we all ACT yes. Any other questions for senator samples. Any other questions for senator samples saying nine. Anyone who wish to speak for against the bill Senator Ballinger is recognized speak against the bill. You're recognized thank you Mr president I was thinking like it might my old days old Bob I think I spoke against you know three Bills obsession you know I I was speaking as bill but I don't think this session I spoke against any bill but this is one and and I think that the questioning that that I've seen a lot of people caught on to the thing that is my concern and and what we're doing through this is we are empowering and not that that has it hasn't happen other places state government has but it's not a good policy to empower private organizations to be able to appoint a governmental body and that's what this does it these are I have good friends and association of counties municipally good the good people over there who lobby on or zealous on behalf of other inches but but that it is a special interest and by this you are empowering especially just I think I think the intent of the legislation to divide up the the power to make it where the governor doesn't have all the all that a forty you know as a legislator I don't I don't oppose that and maybe there could be ways not there could be there can be there ways to do that that we then don't make it weird the the protein has another appointment the Speaker that's another point their ways to do it and keep it within the elected representatives people who are accountable to the to the public so. I think that we need to try to do everything we can to stop this further in a delegation to private organizations to to do governance who who in and out like I said they probably most time would make good choices I I would assume but the people who will be selected will be instead of accountable to the individuals who the people who are accountable to the public to the voters they'll be accountable to the privatization put in there so I'm happy to answer any questions but but you know I think the group policy standpoint it's a bad to take the step Senator Ballinger we accept questions Senator I'll take what Senate Johnson you're recognized for a question Senator Ballinger would you allow me to associate myself with the remarks about actually having come to the will do yeah yeah thank you Sir as long as you let me do with your question so anyway I I'd appreciate it a no vote in that hopefully will have an opportunity to work on making amendment of the bill sponsors okay with that but from my standpoint let's not do any further empowering private organizations due to government thank you Senator Ballinger spoke against the bill anyone who wish to speak for the bill. J. nine anyone else wish to speak against the bill. Say nine senators sample you're recognized close with them. Thank you members. I appreciate the thing that that Senator Ballinger said but you got to remember one thing all of these appointees have a vested interest in this. Retirement system they all want to make sure that this retirement system. Is. Will be sustainable for ever and so they're going to make good decisions about they don't want to take and break this is this session because it would it would hurt them as well as us. But they have a vested interest in making this system better and that's the purpose of this and like I say we're going to live in cities and that was the one thing that we heard and all eleven cities and states in. Mike this board better by adding to it so I appreciate a good vote thank you. Senator samples posters bill I'm going to take it is there is an objection rowing the boat. And Jackson growing votes ma'am secretary please call the roll Ballinger. Beckham. But. But. Caldwell. Caldwell. Chesterfield. Chesterfield. Clark. Davis. DISMANG. DISMANG. Eads. Eight. Elliott. English. Flippo. Flowers. I. I mean we can spare certifies we can't see. Senator flowers is I. Garner yes. Gilmore. Hammer. Hendren. Hendren. Hester. Hickey. Hello. Ingram. Ingram. Irvine. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Rapert. Rapert. Rice. Rice. Sample. Stubblefield. Sturch. Sullivan. Teague. Tucker. Wallace. Any senator wishes to vote or change their vote Senator Caldwell is hi Senator Ingram is aye. Senate dismaying is no. Senator hill is known. Senator chest what. Well the center Chesterfield not as not voting. Any other Senator wishes to change their vote Senator Eads is a high. Any other Senator wishing to vote or change their vote. Any other saying nine. Bam secretary please cast a ballot. The voter fourteen days sixteen days and everyone present the bill has failed to pass. Senator sample you're recognized for motion. I make a motion to expunge the vote by which this house bill twelve eighty three failed you've heard the motion to expunge the vote by which house bill twelve eighty three is found on favor of the motion say aye. Imposed dies having. Please expense of the. Ninety nine senators will not take up House Bill fifteen seventy two House fifteen seventy two per cent Lundstrum and Senator Flippo to create the informed consent for chemical abortion act. Senator Flippo you're recognized thank you Mr president members Senate bill fifteen seventy was action brought to me by Senator Leding he did not the time when he was working on as a I bills likely to carry this for him and so what this does is it at the seventy two seventy two hour waiting period before a chemical abortion to be taking place that requires the doctor performing the abortion to to to to give the person the expectant mother the risk and alternatives to chemical abortion and to remind them that it can be undone but that decision has to be made in relatively timely manner over six hundred babies have been saved because of this it is important to note that the U. S. Supreme Court in nineteen ninety two Planned Parenthood versus Casey decision affirmed the rights of states to pass informed consent laws just like this one it's good bill I appreciate a good vote any questions for senator. Flippo senator senator level we not accept questions. Okay survival is declined to answer any questions anyone who wish to speak for or against the bill. Anyone who may speak for against. C. nine Senator Flippo as indicated he's close for the bill. He's close for the bill any objection rowing the boat. Chaigneau Jackson I'm center please wrote. 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. Any senator wishing to change their vote Senator Leding is no Senator Ingram is no. Senator Elliot is no Senator Tucker is no. Any other Senator wishing to change their vote. Seven hours. Flowers no senator flowers is no. Senate Chesterfield will be no. Any other Senator wishing to change their vote. St nine AM secretary please cast about. The vote of twenty nine Yeas six nays and zero present the bill has passed please return to the House. When I take a House bill sixteen fifty eight. House sixteen fifty eight by representative waiting to amend the laws concerning boards commissions and committees with the Department background. Senator hill you're recognized. Thank you colleagues what this bill does is is a cleanup bill for the department of culture this bill removes the Red River compact commission from a list of entities transferred to the department and ask the red river commission in this place is just the wrong wrong name is placed over this bill also it's way way too committees. The the liberalization Committee. Though what lands technical advisory committee and the firing by the board those two committees and at one board have not met since twenty fifteen and this is to clean up bill for them. Without any questions for Senator Hill. Say no questions is there anyone who wish to speak for or against the bill. Say nine Senator hills indicated he's closed for the bill. Is there any objection rowing the boat. Say no objection 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. Any senator who wishes to change their vote. You saying nine madam secretary please cast about. Bill thirty five Yeas zero nine is the bill has passed please return to the House. Now take up house bill seventeen sixteen seventeen sixteen by representative Holcomb and senator Johnson to enhance economic opportunities in the rural areas of Arkansas entered span op options for constructing and operating a motor vehicle racing facilities in certain rural. Senate Johnson you're recognized thank you governor this this bill helps hopefully alleviate some of that pressure from motor vehicle racing on city streets and and and state highway so the right now that a forty lies in eighty Q. and this bill has been negotiated between eighty Q. in the county judges association and the facilities had rebuilt a mile outside of the city of the first class or second class for yeah see the first class is that class anyway the it's a good economic development the bill for for rule communities I appreciate a good vote. Questions for senator Johnson Senator Teague you're recognized for a question. There's nothing you will know what the trade sex for yes Sir many times extraordinarily loud. If you put one of these within my a mile of my house I would be offended well you can talk to your county judge just about that because he'll he'll have that authority to grant that. So does your county judge always make the right decision. The he's highly influential bowl with with public comments and that's what this requires. Thank you thank you. Senate Johnson you wish to be recognized for a question. Senate Johnson Senator Johnson. Thank you senator Johnson if the hell electric cars would be quieter I don't know by Senator Teague I'm I'm I wrote in years and I don't know if that would be a fair competition because that thing will go and what making noises I don't know what it would I don't know how we do against impact against an outside wall with I've already hit one wall with. Thank you Sir service center hill you're recognized for a question. Senate Johnson on this bill is it is the sole discretion of the county judge because if they. The sole discretion of the county judge well the plan has to be if there is a virus viral plan and it has to go through him annually so if there's a problem that that permit could be renewed annually so if there is a problem or becomes a problem and then the county judge can address that problem with. Follow up on that what what level by that I mean let's say if the after several homeowners around the bill the racetrack they are adamantly against it loud noise eccentric. The county judges only vote count how can the people make sure their voices heard well that's to issues the permit in this situation so that he would be that authority thank you well I'm I mean he can delegate that authority to request a vote from the from the body but the minute he has a signing authority on permits. Senator Ingram is to have a question. There's nothing in here is retroactive correct no. That is my questions Hey it's eliminates that build through eighty Q.. And in this process becomes after that so. Any other questions for senator Johnson. Saying nine anyone who wish to speak for or against the bill. Anyone who wish to speak for against say Nassar Johnson are you closed seven Johnson is close for his bill is there any objection rolling the vote objection. Ma'am secretary please call the roll Ballinger. Ballinger. Beckham. Bledsoe. Let. Yes. Caldwell. Chesterfield. Chesterfield. Clark. Clark. He's a. Davis. DISMANG. DISMANG. Aids. Elliott. Elliott. English. Flippo. Flowers. I. Garner yeah. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. Ingram. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. Leding. Page. Rapert. Rice. Not putting sample. Stubblefield. Stubblefield. Sturch. Sullivan. Teague. Tucker. Wallace. Any senator who wishes to vote or change their vote Senator Irvin is not voting. Press. Senator Hickey is no. Senate dismaying is no. Any other Senator wishing to change their vote. Any other senators wishing to change their vote. Senator Eads is not voting. Senator is president is used. And senator wishing to change their vote. We say nine madam secretary please cast a ballot. The voter is twenty five Yeas five days and to present the bill has passed please return to the House. There's final bill today is house bill seventeen twenty nine. Seventeen twenty nine by representative Bentley at center Stubblefield to amend the Arkansas milk stabilization board act to amend powers and duties of the Arkansas milk stabilization board and to set the price to be paid for milk produced and sold in Arkansas. Senator Stubblefield you're recognized thank you Mr president. House bill seventy twenty nine let me let me state will make sure this. Is understood this bill in no way increases the price of milk at the store it has nothing to do with taxes were or any other things force is priced other than the fact that Arkansas. Now has thirty Derry's left back in the eighties we had a couple thousand dollars. And what that means is we got thirty days left we are milk deficit state. With what that means is we don't produce enough milk for one county in the state for class one milk with class one meal is fluid milk which is used to drink your to make. Chocolate milk the four classes a milk powdered being the slowest class what happened was now we have thirty days left we don't produce enough milk for one county so all of Arkansas's milk should be sold as class one mill that's what it was before we had surplus but from the influx of large mega there's coming in from California back in the nineties and moving into West Texas New Mexico they were bringing their surplus milk to Arkansas blending it with our meal because the government producers to to lose price and go out of business is this bill simply says that Arkansas thirty degrees will be played a paid a Class one prize because their meal call goes to fluid class one simply. Simples put it. Any questions for Senator Stubblefield centering on you're recognized for a question is. I will bring you some centering. There is no real milk involved any other questions for senator Phil senator hill. Senate health centers double billed the did you ever serve on the board many of those boards I can't I'm not having trouble your that's it did you just did you ever serve on the FAA's border any of them I served on a I am the I. board also served on the milk subsection board under governor Huckabee for six years when it and I'm I'm not corrected I say that the ones for the DFA in all the major companies a spent a lot of money and forget about the farmers. Trips and everything else absolutely thank. Any other questions for Senator Stubblefield. C. nine anyone wish to speak for against the bill. Anyone who we speak for against the bill. C. nine senators indicate is closed for the bill any objection rowing the boat say no objection madam secretary please rolled over 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. And Senators we should change their vote Senator Ballinger is no Senator Hester is no Senator English is. No okay any other Senator wishing to change their vote. Any other Senator wishing to change their vote. Senator Rapert is present. Senator Beckham is present. Any others. Senator garner is no. Okay. No other Sam secretary please cast up the ballot. The vote of twenty ninety days four Nays and to present the bill has passed please return to the House madam secretary please read the items at the desk. We are a committee on engrossed bills to whom was referred Senate bill five eighty three by Senator Hickey rather gross copper three John Feinstein correctly engrossed calendar. That is the passage of Senate bill one sixty one by the House. And wrote mass passage of Senate bill one sixty three by the House and rolling that's the passage of Senate bill two twenty nine by the House. NASA passage of three ninety seven by the House. Nice the passage of Senate bill fourteen by the House role that NASA passes your senate for ninety by the House. NASA passage of Senate bill five twenty five by the House. Senate run out taken out Senator Pitsch you're recognized for the announcmenet. Thank you Mr chairman insurance and commerce will meet five minutes upon adjournment we've got a full slate today. Insurance and commerce at two thirty any other announcements. Senator Elliot you're recognized for the announcmenet. Members probably more than anything this is an appeal I ask some of you know please listen because you can help me do this. Senator Rapert you can help me here what if it had to do it too much. Some of you to sign on you I had a bill sheet going around the sponsor sheet for the tutoring court bill somebody has it other than hi so if you have seen not bills sponsorship I mean that's the sponsorship bill give it back to me. Wise I'm going to have to come talk to you again I am serious about this oh yeah please if you've got it handed over don't be don't be mean Health. Any other announcements any announcements. Senate and the Senate set the Senate stands adjourned subject to recording of it. Senator sample. Revenue and Tax to meet in the morning at nine thirty. Thanks say nine Senate stands