Senate Convenes

Senate will come order mount sector cultural. 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 stand including those in the gallery. After. Senator Sturch will lead us in prayer. Lord we thank you again for this day for the many blessings alliance that we so often take for granted or again we thank you for the opportunity to serve in this place server respective districts and the people of Arkansas what we just ask that you give us strength in our bodies godly wisdom from above that we might make the right decisions what message do their nation its leaders are service troops all those on the medical front lines lawyers they do their work and years or we ask that you be with us as we continue to strive to do your will be the examples you that we should be or can I just ask that you with those that are back home those in our hearts that are in need of you we know that you're in control and you're aware of each need we just ask that you bless each one according to your will again we thank you for Jesus and violated for us on the cross we ask for forgiveness of sins and all these requested his name amen. I pledge allegiance to the United States of America and to the. For which it stands one nation under god indivisible with liberty and justice for all. Senate. Thank. Any announcements. Senator Storer. It members if you would recognize with me my my my father's uncle David Haas is up here served in Vietnam in sixty seven sixty eight and sixty nine and a garden repaired fuel line so senator Dave Wallace is a helicopters could fly around anyway shall we join me in welcoming here to be today. Also also and any other announcements. Senate wishes to be recognized Sir Malcolm. Thank you members of the US notes here they're here to watch us Senate bill four seventy four. Today. Anybody else. any items at the. We are a committee on rob Bills to whom was referred Senate bill one six by Senator hat Hester the engrossed copy with the original find same correctly engrossed Education Committee on engrossed bills to whom was referred Senate bill two seventeen by Senator Tucker compare the engrossed copy with the original find same correctly engrossed state agencies Committee on engrossed bills to whom was referred Senate bill two fifty one by Senator English compared the engrossed copy with the original find same correctly engrossed Education Committee on engrossed bills to whom was referred senate bill three hundred by Senator Dismang compared the engrossed copy with the original find same correctly engrossed if you're if. Where your committee on that ride to whom was referred house bill fourteen forty two by representative Bentley recommend due pass counted Committee on city county local to whom was referred house bill sixteen twenty seven by represented Womack recommend due pass counted Committee on city county local to whom was referred house bill sixteen thirty four by representative five recommend due pass counted. Committee on joint budget to whom was referred Senate bill thirty eight by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill forty one by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill fifty seven by joint budget recommend due pass counted Committee on joint budget to whom was referred senate bill four nine by Senator Irving recommend due pass counted. Committee on joint budget to whom was referred Senate bill fifty four by joint budget recommend to pass as amended number one counted Committee on joint budget to whom was referred Senate bill fifty five by joint budget recommend to pass as amended number one counted Committee on joint budget to whom was referred Senate bill one twenty two by joint budget recommend to pass as amended number one calendar. Where your committee on transportation to whom was referred Senate bill five twenty six by Senator English recommend to pass. Counted Committee on transportation was first Senate bill five thirty one by Senator Elliot recommend due pass counted Committee on transportation was first Senate bill five thirty seven by Senator Flippo recommend due pass counted Committee on transportation who was referred house bill sixteen seventy four by representative Wardlaw recommend due pass counted. Sentifi sixty eight by Senator Flippo. To expand the review of license applications for long term care facilities Sullivan I annual renewal for long term care facility licensed entering prior written notification of changes in long term care management Senate bill five sixty eight public health center five sixty nine by Senator Hester to amend the law concerning the health and safety of public school students Senate bill five sixty nine education. Any other announcements on the business agenda Senator Hammer health centre Tucker then Senator Hammer. Thank you governor I just want to recognize today's doctor of the we have a doctor John Afshan an anesthesiologist here in Little Rock and our nurses today sherry bar. Thank you senator Hammer. Amendment one Senate bill up to twelve. Thank you Mr president amendment to twelve what it did was it came as a recommendation from south House members which I agree with it actually just. Establishes that the bureau of legislative research will assist with the Advisory Council it also will receive assistance from center of excellence for panda pandas research at children's and also it will provide for an annual report to the Legislative Council this is the council has been working on the panda pandas issue and I would appreciate a good vote be glad to answer any questions. All those of favour say aye. Close Is have it members adopted. We will now vote. To All the underlying bill. Thank you Mr president this is the Advisory Council is a major while goes Stanislaus session COVID kind of caught us and so they weren't able to complete all the work that a lot of great work has been done including having access to thirty four million dollar phase three trial by a pharmaceutical company to help make sure that treatment can be provided so appreciate a good vote any questions for the senator and a wish to speak against or for three. To recommend ought to create Arkansas pains pain this battery council declare an emergency any objection rolling to 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 wish to change their vote. Cast the ballot thirty three days zero nine is to leave the bill is passed emergency clause is adopted transmitted the House center happy enrollee senator Hammer the next one as well Amendment one Senate bill two eighty nine. Senator Hammer thank you when this got down to the house or some ideas that were suggested satisfied the House members where was able to get out the house it's an amendment that strengthens the the the intent of the bill language's been added to assure that excess pollution we clear that this bill only allows a specific conscious violation of violating services declined not services of patient definition of conscience has been near by taking out philosophical conscience objectives so impatient medical institution protection provisions have been added and a broad conscience protection has been kept for providers who are decision makers or can write or fill prescriptions but Texans have been narrowed for other providers to situations which they're asked to actively or materially participate specific conscientious violating services and so this came out of the Senate health without opposition. The Amendment. All those of favour say aye. Close Is have it members adopted we will now. Senate bill two eighty nine by Senator Hammer an act to create the medical ethics and diversity act. NARAL the underlying bill center thank you Mr president so these additions just strengthens bill and relieve some concerns and appreciate a good vote. Any questions they always speak against or for centers close any objection on the vote. Please. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyone wish to change their vote flowers no Senator flowers Senator flowers is no thank you senator flowers anyone else. The ballot. Thirty two yeas one day to leave bill as passed trends concurrent enrollment. We can cover the bill on a roll Senator Hendren will start senate bill said amendment Senator Breanne Davis is maxed Center. Amendment one Senate bill three oh seven my bill my amendment. All those of favour say aye. Close my eyes have it members adopted center grossing Senator Breanne Davis. And Senator Clarke Tucker and then axed amendment to the Senate bill five twenty one. Senator Breanne Davis is Amendment Senator Clarke Tucker then going back to Senator Hammer. Senate my bill my amendment all those in favor say aye opposed ayes have it members adopted senators you Senator Clarke Tucker wonderful baseball coach relief baseball watcher amendment one to House Bill fourteen thirty seven. Tucker thank you for this bill is at the center sponsor that's it. Other favor say aye. Those guys have a construction reversing senator Hammer or Senate bills for a third reading and passed. Senate bill one fifty two by Senator Hammer to amend the membership of the Arkansas State Medical Board and to amend the supervision process prescriptive authority of physician assistants. Senator Hammer thank you Mr president this bill was agreed upon between PH medical society had a great team work effort in order to get this bill where it had no objections the bill basically does three things that allows for PA to have a seat on the medical board it also allows for the P. age to be able to if you look at the it also allows PA to be able to pronounce a death an emergency situation given greater latitude to work in an emergency situation as I mentioned this was a bill that was worked on by all parties and came to an agreement and it does not have any opposition be glad to answer any questions any questions anyone wish to speak again or for Senators close any objection or the vote please roll vote Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyone wish to change their vote. Cast up the ballot thirty three eight zero days to leave the bills passed transmit to the House under Gilmore add that Senator Hendren than Senator Hester center Gilmore. Senate bill one fifty three by Senator of Gilmore creates the workforce expansion active twenty twenty one. Circumaural thank you members of I think I've had a chance to visit with many of you about this as you can see that some of you were co sponsors this bill. You know when. We get elected to come up here I think our goal is to. Help those in our districts help those across the state who need it the most this bill does that what this bill does it waives the initial occupational licensing fee for those wanting to get an occupational going to occupation requires a license and it's the initial fee only changes nothing to do with renewals and I'm proud to say that we work very closely with Department of Health labor licensing DHS to come up with language that I think everybody could live with while still accomplishing that goal of removing barriers and burdens for those who are seeking to get into an occupation and that's our goal so what this does is it. Waive the initial occupational licensing fee for those who were two hundred percent of FPL or less or it's tying it to public assistance those you're getting some sort of public assistance so I would ask for your vote on this bill it's a good bill it helps those arguably who need it the most so without think any questions any questions. Anywhere speak against it will wish to speak for senator closed I'm close any objection ruling the vote. 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 anyone wish to change their vote. Cast a ballot thirty three days zero nine is the bill is passed transmitted to the house Senator Hendren Senate bill two eighteen by Senator Hendren concerning the non criminal background check request submitted vision of Arkansas State Police Senator Hendren thank you Mr president this is the State Police bill basically requires a people use the live scan machines most people are using now it makes the background checks non criminal background checks faster more efficient less labor and in order to make sure people had more availability coordinated with the county sheriffs and opened up about thirty or forty new locations where people can get those across the state in addition to many schools DHS has meant many of their locations so it'll be better for our constituents and better for the state police. Any questions Senator Chesterfield recognized. Thank you Mister senator Hendren the part that. I don't understand or fully appreciate is found on begins on nine twenty five we say the interval will now be five years what we talk about the animal goes from one year to five years well that sure for determining things that are non conviction information they were having problems with somebody's felony convictions taking one longer to go through the courts and be disposed of so they expect extended it for felony conviction so someone at a filling two years back they would be still able to catch it. Anyone would speak against your speak for centers closed centers close injection one The vote. Lease 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. Cast up the ballot thirty three a zero nays the bill is passed transmit to the House Senator Hester the Flippo than Hammer has to Flippo Hammer centers Senate bill two sixty two by Senator Hester to amend the licensing of operators of solid waste management facilities to amend the licensing committee to allow for bi annual license renewal and to address reciprocal in Arkansas Senator Hester members as bills brought to me from the eighty Q. what it does currently if you are an apprentice to a solid waste as always last year and you can't pass your test currently you can lose your job this allows you to continue on as an apprentice you can't move on to be adjournment but you can continue on as an apprentice until you can't pass your test and this allows for your license to be renewed two years at a time or paid two years at a time as opposed to annually happy to answer any questions. Please keep it down the center aisle at Central High. Thank you didn't get a chance to get to every single one of the bill last night so how long can you be an apprentice how long is that extended before you pass your test but this allows you just to stay on until you do that you can't ever move up past but stay on as long as possible all right thank you. Thank you Mr president Senator Hester I wanted to ask the question about it also looks like we're changing the membership of that border that commission so like for example we're taking out that one of those members has to be a supervisor of a tire waste our processing plant do you know what the reasoning is behind changing the commission as well are changing that board make a. I do not I do not know but I can tell you I get you that answer here real quick thank you Sir. What was the Department bill any other questions. Anyone would speak against for. Is closed anyone object drawing the vote. Hello please 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. Certegy not voting Senate take nonvoting anyone else cast up the ballot. Thirty two Hey zero nine is one not voting the bill is passed transmitted the House of Apollo. Senate bill two ninety five by Senator Flippo. To provide integrity and welfare programs and to amend the Medicaid eligibility verification system. Thank you Mr president members Senate bill twenty five is the same builder brought before you two and a half weeks ago almost three I pull that down to to to work with the FDA and DHS and to work on substantial winnings although I don't believe that that is this really going to get me Senator Chesterfield or senator Elliots support but I do respect your point of disagreement with me on this but one of the things that I do want to you know just reiterate is that this bill doesn't change anything regarding eligibility criteria for Medicaid for snapper for any of the social welfare programs what it simply does is what federal law allows for states to do is to put you know mechanisms a place to ensure that the citizens of their states are receiving these benefits are indeed eligible for them I went back and forth with the FNA and DHS a number of times these past two and a half weeks to really work with the new address some of their concerns and one of these rare circumstances we took a nine and a half page bill and to get down to seven and a half some of things removed out was the presumptive eligibility for hospitals that was an issue for DHS for some reasons and I respected that and understood that so we were able to pull that out with the covered Medicaid handcuffs do eventually hopefully come off the states we raise the threshold for the review period from sixty days to one hundred eighty days FOR D. FNA we made sure that we included language to ensure that they were not going to be in violation of the tax procedure act Mr Tice was very concerned about that and the the the you know the the concern that they could be violating that law with sharing certain data with DHS and that's the purpose of this whole bill is that we need a better system or better mechanisms for our agency specifically DFA and DHS to be sharing data because they will tell you they can look at a residential informational home address financial information on the same person for the same time period and look at it and they'll say two different things we must get better this. This bill doesn't get us all the way there but it's certainly lays the ground for us to begin that process. Senator English then senator thank you have a question centering on anybody I have a question centering on. So senator basically what this does is it. requires data sharing is that what the goal is in this well not just the data sharing Senator English but also the frequency with which you're gonna be you know you know required to check a person's eligibility. Where is currently right now you know David is doing it once a year with tax returns and income tax returns and oftentimes that data is old and not and not and not accurate for the purposes of the president so it's not just a matter of the cross sharing of data between these agencies but also the frequency with which are going to be you know reviewing a person's eligibility. In the long run it would help if we had all this data in one place where we could take a look at it or everybody could look at. I'm sorry senator could you yeah I I'm just thinking it so in order to be able to verify all of this would be in our best interest if the data was in one place and you could access yes ma'am four X. one I completely agree and I think at some point we will have to bring DYS into this because we do need a more centralized you know approach to our data Sherri R. or data collection however someone in that data to make sure that is accurate and that one what one agency has is reflective of what the other agency has and at the have the ability to share that and they're also not concerned that they're going to be violating you know you know some state law that says they can't share this you know you know relevant financial data above an enrollee with another state agency to ensure that they are cross checking their income thresholds or citizenship residency and other things to make sure that they are indeed eligible and so this is not a short game is gonna be a long term process this bill is not going to get us to do on one eighty what it does is start pushing this to that direction Senator English learning data sharing agreements with all of these agencies. Well I would be happy to work on that with you and anybody else. Thank you Mr president Senator I would have asked you this earlier in I'm not looking to hold up your bill if it if it passes just it possibly could be something with an amendment with the House Page five twenty five. Page five line twenty five twenty six twenty seven I believe we passed a bill out of here which. Which made it so that if you'd one the something with Arkansas watery that your did not have to disclose. That's a good question Senator Hickey tell you what if if we you know if this pass out of the the set the date that's necessary to make and then on the house and I will certainly do that because I don't wanna make sure that we're not gonna be you know complicating things for these agencies are asking something unrealistic of them so that's all I'm not present that question thank you Sir thank you. Senate Chesterfield in center Hendren center Chesterfield. Senate just. Or thank you miss each year I guess my concern is will DHS have the personnel turnover that they had actually review this for a monthly basis we just received information during a council that they have a huge problem in maintaining yes my employees. I don't have any problem this making sure that people are supposed to get staff get it and those who do not don't that's not a problem that I have but I am concerned that the requirement is on a monthly basis and I'm wondering would you consider it's a on a quarterly basis well that they would have the opportunity because they had a forty percent turnover yes ma'am and that's to make it very hard for them to do thank you for the questions Senator that's a that's a very reasonable questions and so first of all you know some things are going to require monthly verification other things will be quarterly so what is not you know this lump and that everything is everything is. And I believe that if I misspoke here senator I know you're gonna get you're gonna you're gonna on page two yeah on Page two line beginning at line twenty two it says on at least a monthly basis they have to review the information which means the and that if they don't they will be in violation of the law. They don't have the personnel that creates the difficulty for them as they can I appreciate the change okay and I so appreciate the change I want to say that yes ma'am and thank you for that question by the changes that you have may well and thank you for the question senator I talked to Mr Tyson two days ago and I want to be very clear with members that did not agree to every amendment that the wanted one of the things why he was looking for a more to your point is yearly review and not a you know not a shorter with a quarterly or monthly for the reasons of you know is you know we're a problem getting some of this data there might be some concerns read have with businesses of some changes that they would be you know you know you know what to make it out not sure digitized that there's nothing in here that's you know that's that's that's you know stripping Fund from them or really raking over the because there is a but if we don't begin the process now I expect there to be hurdles I expect there to be whether that's with turnover DHS or different a being able to access certain data from our business community I know there's going to be challenges and that this legislation alone isn't going to get us to do a one eighty and get us to turn on a dime it will be a process and I want to work with them to make sure that we do this in a way that is fair and reasonable. You know and that's we we put language in here to your point and to fix your question with you weeks ago about substantial winnings in a one of things that we did you know because like was to make sure that we if we allow for language for the appeals process of a person just in a you know in the Burnley find themselves that you know in the cross hairs were the one a scratch off for the horse racing or whatever and he would without intent to to violate any state law or federal law want to make sure that there is that mechanism that you know people can reasonably you have oversight. And we're not looking to be cruel inhumane with this the important part of integrity the I know that senator to. I saw the look ahead so I know that there may be some points of disagreement between you and I on that but that is not the intent of this bill but we do have debt to equity into our programs to make sure that our citizens have you know confidence in them. Senator just seven hundred. Thank you Mr president and. On that same page on page two I'm trying to understand exactly what happens here because as we talked about last time the the decision is to refer repealed to to remove snap for the entire family if substantial winnings are determined to have occurred and you did put in a definition there that basically says it would make them. Exceed the resource limit threshold under federal requirements Mr and I guess my question there is so this is done on a database mansion on a monthly. Program is Senator Chesterfield said if somebody wins ten thousand dollars which probably would put them over the limit and but then they go back over the next two weeks and lose ten thousand dollars. Would they still be. I mean do they take into the net or do they just say that's a fair question senator and I want to tell you that I don't think they would still be able to household would still be eligible if that person the at the phone number the household ID you can for your example one ten thousand dollars I would assume that that would make that would deem the entire household an eligible that's a good question and I will I'm not gonna pull this bill down but I will work to get you an answer on that senator So it but and and I do appreciate again the way I understand you're just defining substantial winnings is basically not a dollar amount because it will very with very yes Sir kids Yes the other question goes to the one that I asked last time on page four and again I'm not trying to play gotcha I just don't know but I know that it's a significant change on the bottom Page four where you say. we're changing word the the DHS has the flexibility to determine whether it be an assessment or determination state to now we're saying we shall be an assessment state so well and are we now I guess okay at I was actually one time prepared for this questions Senator Hendren because I'd written this down and spoke to mark what extensively you know I mean I gave it to him. And so and of course I do not have those notes which laid out his explanation to me in front of me and so I'm not gonna sit here and attempt to stumble through I can get that to you today I can get that to you today I don't know if that's going to make your mind up but what I can't tell you Senator Hendren is that DHS is okay with that part with this portion of the bill DHS has no issue with that removing that flexibility. Later I resent if we let this in their house Marcus said are we okay with this okay I'm not gonna ask you for that again it's just because I you defined both of those things but then we say we are definitely going to be this what you've already that they don't have any reason to go to determination state that's fine I just didn't know and I appreciate that senator and I wanna make sure it is Senator Dismang said last time that is not going to do something to run afoul of The New our homes program. Correct then I've I mean again given my conversations and I'll certainly something could have been overlooked if it was I will circle back to that to Mister white DHS along with representative Lundstrum to go back through this that if there was something that was you know you know you know it Burton we overlooked where that was Senator he's point on the recent bill that just passed regarding you know keeping the you know the identity of a lottery recipient of confidential. Honestly didn't think about we're making those amendments and I think that's a reasonable question so there are some things that in here that that that I overlooked I certainly want to work to address those on the house and and I can give you my assurances that should this bill pass the Senate today I will circle back to to to Mister white and go back over this with him to make sure that I didn't intentionally overlooked or unintentionally overlook anything that is going to put our agencies in the crosshairs because that was the one last conversations we did have was some language that was going on you know not hold them culpable for violating the tax procedure act that we have here in Arkansas others to different sections to that I have written down I didn't really think was gonna be an issue to what is it with Mr Theiss and and I circle back to Mister white but I understand our concerns and so we included that language I think it's either on you know paid seven or six but either way we don't want to hold or agencies responsible or put them in violation of a law for trying to do with this bill you know is directed to do Senate that's sure if that's the point that you're getting at is not trying to put our state agencies in in a in a predicament we're going to violate any state or federal law for doing with this builder you know is directed to do that is certainly not the intent thank you. So I just hypothetical questions here this is entered my mind of what happens with all these people who get fourteen hundred dollar checks from the fans and all these increased unemployment benefits are they still eligible for. It's programs so currently you know you would reset to the original you know you know round of care spending the Code package it in two thousand twenty the the the federal housing guidelines that we could not take anybody off or Medicaid rolls snap any that you know anything else for as and I don't have that language in front of me but is basically what we're going to the covid pandemic and so that those regulations are still in place. And so I'm making an assumption here senator English. That you know I can't imagine what that's going to do it because currently the federal guidelines in law do not allow us to remove any dot. While we're going through covid so because he's fourteen heard our payments are part of the code recovery. I'm I'm I'm making an assumption here and I will and I will verify this Senator because that's a very reasonable question so I want to put on they can is something that I don't believe so but I will check. Is this going to be interesting to see how we decide about of people's ability or you need yes ma'am for some of these programs and I think what I've seen in going through these last two and half weeks that probably I wasn't as Colin set up on the front end is that this is going to be a long game effort there's going to be a lot more conversations a lot more work does not get done because things are going to pop up. That I could have expected to be you know to be you know to identified on the front and some of these things are gonna you know that I know what will pop up for things that none of us are thinking about today but there are potential that those things will pop up and we will have to work to address that and that's what I sure do if in a in DHS that I want to be collaborative partner with them and making sure that we're we're gonna be reasonable and not put them in an impossible situation but I do expect us as a state and as the state government to do better in determining making sure that those that are enrolled in these programs and receiving these benefits. Are eligible for them I'm not looking to play the Grinch and the state to play the grants and just to catch somebody who you know what ten dollars ten dollars over the threshold accidentally and you know and see them go without something this is more for the people that are actually gaming the system and doing it with deliberate intent and we need to hold those people accountable and make sure that our citizens have confidence in these programs because contrary to popular belief there is not a limited spigot of money we just happen to be a credit card that has an unlimited amount. The money has to be paid at some point and so you know again I want to share members of this body that I will be working with DHS and DFS and I gave them my assurances that I'm happy to give you all my assurances that as we go along and questions and things pop up or circumstances arise that were not thought of addressed in the front end that are relevant to the aspects of this bill I do want to work within. But I want to be make sure I'm straight forward my members in this chamber because credibility is important. Thank you I think there's some discussions but the legislature yes ma'am I wholeheartedly agree. Anybody else any other questions anyone wish to speak against anyone wish for. Centers close any objection one The vote. We have an objection to senator Chesterfield so please call the roll. Ballinger. Beckham. Bledsoe. But. Caldwell. Caldwell. Chesterfield. Clark. Clark. Davis. Dismaying. He. Eight. Elliott. English. Flippo. Flowers. No. Garner. Gilmore. Hammer. Hammer. Hendren. Hendren. Hester. Hickey. Thank you. Hello. Ingram. Irvine. Blake Johnson. Mark Johnson. Leding. Page Rapert. Rice. Sample. Sample. Stubblefield. Sturch. Sturch. Sullivan. Teague. T.. Tucker. Wallace. Wallace. You wish to vote or change their vote Senator Hickey hi. Senator Clark hi. Anyone else. Senator Eads are. The ballot twenty four yea's six days. The Bill pass is transmitted to the house Senator Hammer. Senate bill three await by Senator Hammer requiring the state to offer a victim of sexual assault the choice to require the person accused of committing a sexual assault on the victim to take an HIV test. Thank you Mr president. What this bill does is allow victim who's been sexually assaulted to request that an HIV test be taken on the perpetrator as it is currently the prosecutor is allowed to do this however we had a wonderful young lady from Texarkana they came and gave her personal testimony that shared that in her particular case that happened back in two thousand fifteen she was sexually assaulted and not really hear any intent or fault of the prosecutor because we all know that they're overworked and overburdened there was the time lapse of when the HIV test was actually going to be administered in fact she requested that and she was not allowed to get it taken because the law did not allow her that option one thing that we need to remember and I appreciate right of center Beckham pointing this out to me have a listen to the testimony is that the administration of medicine for HIV is time sensitive and it needs to be done within a relatively short period of time so what happened was she had to go down and pay for it herself and she had to initiate the effort because the prosecutor just quite honestly I didn't get the job done in time and so what this bill does is it allows for the victim to be able to request that the HIV test be administered to the perpetrator so that it can be done regardless of whether the prosecutor gets it done or not now the other thing you need to know as to why this bill is so critical to get past it because there is funding that is associated with that that if this bill goes through it would open up opportunities for the expenses to be covered through a grant but this bill is necessary in order to be able to access this money this was an agreed upon bill we work with all parties both to the victim but also to the you know public defender side an agreement was made and so this bill comes to you as an agreed upon bill and I'll be glad to answer any questions. No words to speak against. Senator Elliot would you have a question speak against each other questions Senator Elliot recognized for a question. Senator is it is it request a test the required or there's a requirement for tested if the victim wanted to take place thank you for the question because I was actually brought up so I appreciate you jog my memory right now the prosecutor can request P. to be taken it's not mandatory that was actually suggested by one committee members we said we deal with that a separate issue so the prosecutor could request this test now but what this bill does is allows the victim to requested in the event the prosecutor forget your is in the case of her testimony the prosecutor was just overwhelmed with all loads and just didn't get it done course she testified as a victim it's first and foremost on her mind that she wants to get it so she can get medication not any disparaging comments toward the prosecutor with all they had to do it just wasn't as high priority to the prosecutor as it was to the victim so this is permissive in that the prosecutors still allowed to requested but if it doesn't get done the victim by this law would be allowed to request it whereas right now they can okay what I want to clarify the prosecutor or the victim as it is in once the request is made is that does not become a requirement that the tests take place if she if the victim requested it becomes a requirement by this language it becomes farming yes ma'am okay thank you thank you senator filed. Thank you Mr chair and I truly appreciate what you're trying to do. My question is. If someone does this out of spite. Is it if someone who was supposed to be a victim does this address by. B. then the the. Young person who is the young man who was accused where is rights in this because he's been labeled in as someone who has done this but there has been no adjudication of the. But you making him take a test anyway. Accordion thanks for the question I think we're dealing with cases where the prosecutors already involved so that. That catch on the bank the person has already been accused or has been. Been charged and it's not like I say there's no longer thought I couldn't without law enforcement without prosecutor being involved I couldn't just come up and say you have to give it to me at the legal course has to already be initiated and once it is that's that's why we're doing this so that in that case the victim would be able to ask for my concern is certainly for the victim. But having three brothers I would want to make sure that their rights would be preserved as well that's my concern of where where are they in that the rights of the person is accused where the rights of the accused in this chair and I think I would answer that question this way we need to remember that it would only apply in a situation where the prosecutor could go ahead and ask for it anyway and the only time the victim would be able to ask for is it the prosecutor had already got the stage set and the prosecutor could already be asking for it but if the prosecutor gets busy chooses not to then the victim would be able to all right thank you thank you Watson anyone would speak against for center closed I would like to make statement my closing please just remember this is time sensitive to the victim in order to get the medicine that they need in order to counteract what might potentially be HIV they need the time sensitive that this bill provides so appreciate a good vote on behalf of the victims any objection or 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. Wish to change their vote. Hours no Senator flowers thank you senator flowers anyone else. The ballot. Thirty two days one night the bill is passed transmit to the health center Blake Johnson in center back on then Senator hammer Senate bill four sixty three by Senator Blake Johnson to amend the laws regarding abortion reporting inspections of abortion facilities and require certain documentation the president before performing the abortion when the pregnancy is the result of rape or incest Sir John. Members this bill improves our reporting on a on a on a portions and then inspections or abortion facilities our current laws the required department helped it to inspect the abortion facilities annually in do so unannounced and without prior notice. The first this bill changes that with the class A. misdemeanor if you notify the abortion facility of an upcoming inspection second it makes a Class C. misdemeanor to conceal or remove from the facility any information regarding the abortion abortion facility inspections the third it does it requires inspections abortion facilities become conducted by two persons and force it requires a state to record and report the suspicion suspension of a physician's license related to abortions to the CDC. Second our current abortion laws have exceptions for rape and incest that do not require documentation to show the two crimes been reported to law enforcement. The this bill amends all overs state abortion laws that includes rape and incest exceptions to add reporting and documentation to the cases to law enforcement. The it also requires reporting of data abortions is in that in the cases save lives from other. This bill helps with the. Ever abortion law that we have done. With these exceptions are referred to these cases of rape and incest and save lives the mother this helps us gather that data and get good data when possibly the the last one that totally check out abortions. Is adjudicated in court so I appreciate a good vote. Any questions Senator. Thank you Mr president so on page three where you talked about the rape and incest exceptions. So has part of a law been repealed by the bill that we passed with no exceptions because it does save this subchapter does not prohibit an abortion. for any reason including rape or incest but then you have your documentation so is this basically just saying. In the event that that law is. Declared unconstitutional or whatever state then this would apply for the current law with regard to reporting rape and incest exceptions that we currently have on the books if if a federal court suspends that what we have passed then our previous laws would be in place with those exceptions so in the in the in that time frame you would get good data on both of those cases of rape and incest and the life of the mother thank you. For questions will. Thank you Mr chair is not required now that. great be reported now. Is it and and this make sure if if those cases are there that they be reported and you want to law enforcement so so they can be. That have have the criminal. And it's not. Thank you thank you. Any other questions. Any other questions. They were speaking. Senate. Speaking. Right. Thank you and I would but in this country three out of four women who are raped do not report their rape to law enforcement and the reason is because they fear not being believed because there's a stigma associated with it and for fear of persecution and obviously every woman who goes through that experiences suffering from horrible trauma will. At that time and for the rest of her life and in my judgment this bill only adds that trump. Even more so for victims of incest. This bill if if you were raped by a family member would require you to report your dad or grandfather and it's not our place in my opinion for us to be making the decision whether women report whether they were raped or not and I understand that this is sponsors coming from a good place and I want to prosecute more rapists as well but this bill would force victims to to do something in a way that only adds to their trauma and for that reason I'll be voting against the bill I'll be happy to take questions. So Senator can can the victim when they report to law enforcement do it and say I don't want to prosecute it but I have a duty to report or or he makes a determination about whether or not anything would move forward on that. That's a decision I think that is made generally jointly I think what I would say in addition to that was just going to the police in and of itself even if there's not going to be a prosecution can add to the trauma for a rape victim that in and of itself but at the same time it's not totally in the victim's hands at that point once they go to the police at that point the prosecutor they usually make that decision in tandem with the victim but it's not universal thank. Senator Hammer you have a question or motion state I have a question hammers Tucker take it. Maybe the sponsor can addresses when it comes up but I'm under the impression in the testimony heard on this bill that they are not that the information is not being released for purposes other than statistics it's not like their personal information is going to be released if they go to the clinic to get the abortion declare that they have been raped or assaulted only statistical information is that your understanding I'm of course so the sponsor speak to that as well but understanding is there's two sections of bills one has to deal with reporting a statistical information on that point in Arkansas already mandates reporting of up a whole lot of data including the the patient's age marital status ethnicity whether they're married or not how many abortions are live births they've had before how many weeks gestation that the fetus is in the the the way that a physician determined the age of jazz station of the fees and so all of that is already reported and that's in section one of the bill and I may not have the bill entirely right my understanding is. Ince and a subsequent section of the bill that if you're using the the rate exception in order to get. A an abortion the only way you can do that is if you show proof that you reported it to police and that's different than the reporting section of the bill is my understanding okay would you take a fall of one follow. We we run a lot of legislation down here dealing with this very sensitive subject which is unfortunate but if they are not reporting it to the police but yet they could report it to the clinic which subsequently could be used to pass on the relation legislation to hold those who assault women would not be valuable to have that information so that we can put a greater spotlight and do something greater as a legislator to hold those people that are perpetrators accountable would you agree or disagree I think there would be value in that in looking at that but that's not what this particular bill does it does required to go to the police first and as we as I said three or four women don't do that and I don't think it's it's our position to force them to do that if that's not there what we're a major sponsor can address that when it comes thank you. Anyone would speak for the bill. Yes the bill is generated close. Blake Johnson. Members this is a. This is valuable for us to gather this information if those new. Bill did new acts are are stricken down by the federal courts and so also available that. The assailants can be brought to justice and. And that's that reporting. Is very important and I had absolutely don't want to make is harder for the victims. But the but the this should help them the victims. In this and and not not make them give give them further angst and and doing what they need to do I would appreciate a good vote. Please call the roll. Ballinger. That. Let. Caldwell she's. Caldwell. Chesterfield. Clark. Davis. DISMANG. Eads. Elliott. English. Flippo. Flowers no. Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. Ingram. Irvine. Blake Johnson. I Mark Johnson. Leding. Page. Rapert. Rice. A sample. Stubblefield. Sturch. Sullivan. Teague. Tucker. Wallace. Wish to vote or change their vote. Let anybody cast talk about. Twenty six days six days the bill is passed transmit to the House center Beckham. Senate bill four seventy four by Senator Beckham. To create the criminal offenses of fertility treatment abuse infertility treatment fraud and to create the civil action of civil fertility from. Senate. Thank you president. There was a certain this bill addresses a An issue that the current law does not address creates three parts as the title suggests is the US fertility treatment abuse fertility treatment fraud and then creates the civil action for those those crimes currently we have One person that we know of that has been victim of of this in the state of Arkansas. And what history has shown as the. If a doctor does this one time he's likely done it dozens or hundreds. Now take any questions. Any questions or send it back up senator garner you're recognized thank you Sir Malcolm I just had to say something based on the great testimony we heard yesterday committee from the gentleman here in Little Rock this is a problem that we actually have here in the state and something happened where somebody is. Doing this to families who are seeking that treatment in use in either their own. Fertility method to get there to be done the the biological father and is it's devastating to families would you agree with that yes thank. Any other questions for center back on. Say no questions anyone who wishes to speak for against the bill. Sensors was first built in closed appreciate a good vote centers close for his bill is there any objection rowing the boat. Say no injection I'm secretary please will devote Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Any senator who wishes to change their vote. Sanam secretary please cast a ballot the voter thirty three A. zero nine is the bill has passed please transmit to the House. I will not take up Senate bill four ninety four. For maximum for ninety four by Senator Hammer concerning qualified immunity and to amend section twenty one dash nine dash three oh one. Senator Hammer you're recognized. Thank you Mr president Senate bill four ninety four make sure all certified law enforcement officers including university please have the same protection are long clean both public and private institutions of higher education this applies to certified law enforcement officers give you an idea of who some of the private institutions that this is going to help would be like the medical school is Sebastian over inspection County OB you and I want to focus on the fact it does apply to certified law enforcement officers because I take any questions. Any questions for senator Hammer senator Chesterfield you're recognized. Thank you Mr chair and thank you senator Hammer for taking my my question in the original bill is declared to be the public policy of the State of Arkansas that all counties municipal corporation school district's public school special improvement district they do not indicate the individuals who work for those districts yours and a group of workers that is not included in the other part of the bill why is that. Because it does not preclude teachers it does not preclude people who work for counties it precludes the entity which is the county and now what you're doing is saying that no law enforcement officer no matter what he or she does is. Create a new. I believe the intent of the bill I believe what the bill does is for those certified law enforcement officers working in their capacity at a private institution public or private institution of higher education we'll have qualified immunity when they are doing their when they're conducting their their service in the line of duty on those campuses. I guess I'm trying to figure out why it does not just say. That law enforcement agencies. And public or private institutions of higher ed have this immunity rather than specifying entities that work for these agencies that's my only concern about the bill thank you thank you for. Any other questions for senator Hammer. Say no questions Senator Ballinger I'd like to speak for the bill Senator Ballinger you're gonna be recognized. Thank you Mr president and Senate just feel it's a great question the reason for it is those other entities that employ a law enforcement officer brothers county or or city or public higher education so they employed so they already have called qualified immunity so will their employees you actually mentioned that could be we could give hi read private higher ed institutions qualified immunity and then there appointees would also have it but what this bill does is narrow that down to just the law enforcement officers who work for those those entities and and I think that the like I'm speaking for this but I I don't like I in committee and I think it's good to do here at any time you see us expanding any kind of unity from government we should always like slow down a little bit like I I'm I'm cool with the little bit of a road block not a road block on the road bike but it's the speed bump as we start expanding community as a lot if this were a bill that gave qualified immunity to all higher ed institutions even private one I would oppose it because I don't like the idea of expanding qualified immunity further than what what it is and it may be unconstitutional we did it but for law enforcement I think it's in order for them to do their job it's probably necessary even if it's not like something that I enjoy doing so. Ballinger spoken on the bill would you take questions we have answers thank you so much Senator Ballinger please explain to me the extent of qualified immunity. Qualified immunity is the step below absolute immunity so the state has absolute immunity basically you can't sue us and in our courts the qualified immunity basically says unless you do something intentional that you have immunity from prosecution thank you thank you for that clarity on it but like I said I I support this this legislation but as a body we should really be careful about how we hand out a community because it really does mean base which detectability of a citizen to go get redress appreciative of. Anyone anyone else would like to speak for against the bill. Singman Senator Hammer you're recognized close thank you appreciate the free legal services of senator by Ballinger and hope against the bill passed thank you. Senator Hammer is close for his bill is there any objection rolling the vote on the bill. Saying no objection absent from 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. Saying that secretary please cast ballots though thirty three A. zero nice the Bill. Senator I'm sorry Senator flowers I didn't catch your. I thank cast at the ballot. Okay. The bill has passed please transmit to the House Loures was. Flowers was no on that bill. I wasn't able to unmute the host didn't allow it. And for the bill to be expunged moving that it be expunged sapphires moved that the bill be expands to change their vote is there any objection to that motion. Say no objection that motion we will revote Senate bill four ninety four. Flowers is no. Secretary would you place. 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. Sanam secretary please cast about voter thirty two yeas one nine. The bill has passed please transmitted the House. We will now take up Senate bill four ninety six. Senate bill four ninety six by Senator Rapert to amend Arkansas election law to amend the law concerning special elections to establish uniform dates for holding special elections Senator Rapert you're recognized. Thank you Mr president members Senate bill four ninety six deals with special elections you know this is been a issue that we've tried to get some reform on for many years as a matter of fact to make sure Ark Code dishes correctly I just got an update on those that actually support the bill and that would be. currently the. Arkansas counties association the Municipal League the library associations in the school boards or neutral which is a big deal as you know in the past this is what the bill would do provides for special election dates per year once per quarter in the years of a presidential primary those months we March may August and November the three following years will be February may August and November this ensures special elections cannot be held with the primary or general run off election that's a serious legal problem under the current law that we have this makes procedures for calling a special election uniform uniform seventy day notice requirement to call election include schools and statute governing the calling of special elections it also aligns school elections in odd years with special elections current losses collections one week before after the special election date a few of the highlights as B. four ninety six branch county election officials as well as voters of greater predictability regarding when election will be held in this also is an agency bill from the elections commission reviewed and approved by the governor's office and has the support as a mention of the social mission counties and others this does allow counties to complete one special election at a time in an election requires at least two months to prepare is ballots must be completed in the field no less than forty six days prior to the election current law allow special elections to be called in consecutive months twenty fourteen one county had an election and every single month out of the year insuring the election satisfies all legal requirements is a paramount interest to the entity calling the election as well as to the bondholders when that's involved conducting one election a time will help ensure that the goal is achieved I can go on and on with this I actually had one question from center Chesterfield yesterday we got that clarified in that was dealing with with their. Be a problem in a presidential year and that was answered to your satisfaction it actually occurs without any problem if there's questions be happy to answer that if not Preciado good vote. Survivors of other questions Senator Elliot you're recognized for a question. Yes thank you Senator Rapert on page on page yeah. Page three maybe I'll there is a reference to a local and acting local board where it says the local board or acting local board yeah I'm sorry blood level I'm sorry Page three but what line Page three line five. Okay Page three line five where there's a reference to a local board or acting local board I want to know about that I was trying to get over to you but you were gone when I was looking at this is there or what I'm not familiar what an acting local board is is that a legal term. Well yes you'll see that that actually is stated in the the statute if you just look up above they've got the language in the current statute Senator. So this is actually referred a petition of the current language already in statute is just has to be put in that line its underlying because it's moved to another place here I just to say you just or just that yes obviously there they struck if you'll see they struck the end of that section off of a and then they added be and so again I want to tell you is that the repeating the same language issues consistently rest of the statute obviously as you know there could be several boards involved with you know whether it's water board jet setter. Well I want my concern here and that this might not to this I don't I don't think this has anything to do with you and the way the bill is put together necessarily but when we passed I think it's ACT nine thirty that All of that that has all of the information about how we The accountability bill for school districts in that bill we can have something called an advisory board but is not calling acting board that's why I was wondering about that I actually just received through a The new technology just allowed me to receive your answer they tell me that that B. L. R. clean up language is what they're telling me yes. Okay well maybe I'll check in with the department of education to see if this is an issue because we haven't heard from them literally yes bill is been vetted in the governor's office as you know speaks on behalf of the executive department and they said they had no problem with this and there was no one that contacted me I've seen the education department's political liaison legislative liaison for past two days and never had a mention of it Senate senator so I don't think it's a problem in the bill obviously got to go to the house so and if you got issue with that we'll catch it and I'll get a hold of the sponsor there will try to do something but there's been literally no opposition given to the bill yeah and I'm not looking for the opposition I just want to be sure we were not assuming something to be the case that is not so I'll check well thank you again as you know we have to trust B. R. and sometimes there's mistakes but I'm told that that was their clean up And so that they're comfortable with that okay thank you you're welcome any other questions for Senator Rapert senator Mark Johnson wishes to ask questions. Thank you Mr president. Senator Rapert I've been working on bills similar to this I appreciate you doing this I think you're. Four points you have a clause in there about the emergency. Special is three the year is there is an that was agreed to and that's in the in the bill I can walk through it several pages long here is a revision that allows that if there is an emergency that that can be stated and would give the opportunity for that I have and again it's a good bill to step in the right direction I'd like to step further in that direction but I do want to clarify that with you the clothes that I was looking at the bill I'm working on it would be just like we are here in the General Assembly if we deem something an emergency it takes two thirds of the Senate and two thirds of the house to pass it. as I understand your bill instead of it requiring in the bill I'm working on a two thirds of the electorate that it was referred to by the local governing body as an emergency it will require my bill would say two thirds of the voters that voted on it in that way I read your bill correct me if I'm wrong does it say if only required two thirds of say the city council or a quorum court to refer it to the voters at these times outside of the the delineated dates in your bill is that the way it's it is a I I was a little unclear to me I should run my ear piece I can hear you more plainly what I will tell you is that this is the elections commission this is the agency will in as you know they've been able to satisfy what is normally been the opposition out there and coming to an agreed upon matters as you say we some would like to go further but at this point this is what they've been able to find as a compromise to be agreeable to to move forward at least by going once a quarter by still allowing then also emergencies now if you need to restate your question I apologize if you were stated more loudly I will stated more loudly. I fear your frustration with the senses let me just say that I support if it's truly an emergency the voter's two thirds of the voters passing it just like a two thirds of the General Assembly have to pass measures that come before us the way this looks two thirds of the referring body could refer or outside of those delineated times stated in the bill that was so what what I read in the bill if it's contrary that I'd love for you to correct me on please. The bill stands as so I mean I'm not going to contradict what you read in the bill okay Senator I appreciate you working on this I know your heart and mind and you and I are probably an agreement on ninety nine percent of this issue I'm a vote for your bill because I know that but I respectfully ask that in such time that I bring up something maybe even further clean this up you would seriously consider and I definitely will do that thank you thank you. Any other questions Senator Rapert. Saying that anyone who wish to speak for or against the bill. Saying nine centers close for his bills centers closed is there any objection to rolling the vote. Question. Some question the obviously there's some issue with sacrifice I'm sorry Senator Rapert is left the well and closed well. I'm not able to unmute myself and it doesn't allow me. To ask a question if I'm new to it. And I was trying to click. All for a new team and the host did not allow that. Senator Hickey is recognized as the senator flowers if you leave your screen owned and wave at us I'll be I will try to watch all the time so that I can. Share so it's there's as you know. From the issues that we've had all you have to do is just leave it leave it alone so that we can see you and that'll help us. Well if if if I have to just. Waving my hand I mean I don't see the fairness in that they'll all all of a sudden there's some difficulty with my being able to ask the host to on mute me so I think that should be corrected but I'm not gonna sit here and wave my hand at you and it's not you're not even the presiding officer so you couldn't wreck recognized me. So I mean I'm. I am very limited in terms of my participation because of the rules you all have established outside of the rule committee. And I would object to not be allowed just to amuse myself. Mister Mister chairman of I'd like to just make a comment of course those were our joint those are procedures that were identical procedures of course that part with the Senate was somewhat different whenever we first started looking at this of virtual aspect what what we had decided in which as you know we took months and what was going on is we were in the very middle of covid and whenever we were in the middle of covid you know we knew that we were going to session I was trying to be accommodating I was trying to be accommodating to members who possibly might be in a hospital who may be in a hospital but as you know our constitution says this is the seat of government it also says that so with the way that we did that is that you we say that you had to be seen or heard well. I thought that if somebody was laid up in a hospital bed it wasn't right that they just had to stay on the screen for the whole time so what we did is we said that. If you're having any discussions are voting you would just be seen or heard at that time so the reason that I put that in there you know was because of what of what was going on during covid in a situation like this I respect this senator flowers has some issues and she needs to operate to you know virtually however I think that it's a what is actually taking place is a little little different than what I anticipated in trying to just being caught accommodating to the members so with that members I'm on a I want to stand with what I've said and I'm going to ask senator flowers that if you would whatever you want to do it if you'll come home and I know that I'm not the presiding officer when I'm sitting out there in my two year. But I will try to help but we're all trying to get through this session so thank you. Ma'am sector please call the roll. They're injection rowing the boat on four ninety six. I object. Flowers objects please call the roll Ballinger. Back in. Beckham. But. Caldwell. Caldwell. Chesterfield. Chesterfield. Clark. Clark. Davis. Davis. Dismang Eads. Elliott. English. English. Flippo. Flippo. Flowers. Flowers. Garner. Gilmore. Hammer. Hendren. Hester. Hester. Hickey. Hickey. Hell. Ingram. Ingram. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. Leding. Leding. Page. Right. Rice. A sample. Stubblefield. Sturch. Sullivan. Teague. Teague. Tucker. Wallace. Thank. Okay we we got to bring together Markham as we go Chesterfield I'm. Senator Hammer. Thank you bye. Senator Hickey aw. Senator Leding. Senator Blake Johnson all right. Senator Hester I'm. English aye. Coal. Senator flowers. No Senator flowers no. Thank you senator flowers. I'm. Anybody else. Make sure looks like. What you want to not say something cast a ballot. Twenty seven days one ninety two not voting three pleasant present two lane bill is passed transmit to. The House Senate bill five O. five by Senator Bledsoe to mandate the co prescription of an opioid antagonist under certain conditions and to amend the Max all. Maalox and access to hacked servers. Thank you Mr president ladies and gentlemen of the Senate this bill follow CDC guidelines simply requires that physicians cope prescribe naloxone or an opioid antagonist and have a consultation about the dangers of opioids this bill addresses the three primary times when the Axum or an opioid antagonist is most needed and most effective to reverse an opiate and opioid overdosed those three times our number one when more than fifty morphine equivalents of opioids are prescribed number two when an opioid is described in conjunction with something like sentence or other bins those and three when the patient has a known substance abuse history. In in this bill the regulatory boards for all prescribers will promulgate rules within the next six months in those rules will come before A. L. C. for review and approval there are no known office there no known opponents and I would appreciate a good vote any questions they always speak against four centers close any objection rowing the boat. Please roll Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. You always change their vote. The ballot. Thirty three eight zero nice bill as passed transmit to the House center Davis B. Davis Senate bill five fourteen by Senator Davis to create a licensed authorized the company provides skilled nursing passed. Thank you Mr president this bill it just creates a classy home health license and the only and pay source allowed under class C. is private pay or third party payer and does not include Medicaid or Medicare but that'll take any questions any questions. Your term which to speak against for centers rated personal Rapert generate recognized. This will be easier today Senator Davis yes the The license here my only question knowing that there are a lot of companies already in this space. I haven't heard from anybody but I just wondered is this going to impact any particular you know provider that's already in this space is working is it gonna is or impediment this going to be there diversify and and and put some one category another ship could you explain that a little bit I thank at you're saying let's impact anybody else or is anyone else in the market is that it will there a lot of people already in home health and and that sort of thing so that's what I'm asking is this somehow creating an impediment to some of those companies that are out there working in that way and just twenty. Not at all because this that this bill specifically says it does not include Medicaid or Medicare payments and so the companies that are already in this field that's what they're taking so you have people who want to private pay and they can't no one will take them to companies that are already out there want taken so if you want to have somebody come and help you or your spouse or something and with some skilled nursing tasks that are home health related thank no one will take your money so it doesn't exist right now and like as far as companies actually doing it and they can that they don't and so this just creates a license that just says if you are private payer or third or you are through their third party and then there's thank you can do that through this way you have somebody that you can call in higher for that. Thank you. Any other questions. For close. As thank you senator. Direction or the vote. The 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. No one was injured vote. Flowers is it is president Senator flowers was present thank you senator flowers Senator Flippo is also present. Anyone else. Who is Senator Garner is present. Senator Rapert is present. Nobody else. About twenty et seq. Zero nine five present the bill is passed transmitted the House Senator Clark after Senator Clark will have a motion by Senator at center court. Five fifty five by Senator Clark concerning the possession of space for storage of a person's firearms when a person leaves his or her firearm inside of his or her car in his or her employer's parking all. Sir Clark thank you governor what one Senator Clark. Please proceed. Senate bill five fifty five does two things of we of the worst Senator Hickey is help of pastor bill passed a law of in previous session that allows an employee to have a gun in their private property in their vehicle on employer parking lot of the reason for that as people travel a lot of times would lots of people travel sixty miles one way And the they were not ships law will more female they drop the bad areas and one employer says you can't have of gun in the parking lot which is the only place to park of then they're disarmed from the time they leave home till the time they get back home we are past that but in order to accommodate the chamber of commerce in big business we put in it that you had to have a. Of a concealed Kerry license of the to do that and that you had to buy a metal box that law. To keep the government. This past year. A twenty eight year employee of union Pacific. Vehicle caught on fire while he was out on the train. According to all reports he had a perfect record. Because of the far they found a gun in his vehicle. According to others who worked there that's and I know from my own experience but they're not far off ninety percent of the other vehicles in a parking lot also at one. But he lost his job he lost his retirement. For simply being. In Arkansas. Of who thinks like the rest of us think that he'd like to he'd like to defend himself and so this bill does two things. It takes out that you have to have a concealed Kerry and it takes out that you have to have a metal box it says if it is in your log vehicle and out of sight you can have it we have ended it for the department of corrections. on page four of. The. One twenty five parking lot does not include a parking lot owned maintained or otherwise controlled by the Department corrections or an entity contracting with the Division department provide work release or post in Carson rations housing services that anybody who has work release prisoners working at their of. Place of business would not be covered the department of corrections good with that of and I'll be happy to take any questions any questions. Anyone wishing to speak against. Thank you for. Senators read a close close to appreciate a good vote any objection on the vote. These rules of Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. You always change their vote flowers is no thank you senator flowers Senator flowers is no. Senator Chesterfield there is no. Senator Pitsch is president Senator Clarke Tucker is nine Senator Ingram is no. Senator Elliot is no. Anybody else. Mister Speaker I can hear you please. Casts up the ballot twenty six yea's six maze one present the bill passed transmit to the house Senator Elliot is recognized for motion before she makes the motion I want to use this just as a point of reminder we don't do this much we don't deal with we don't have to Senate bills two concurring college amendments much but we do have a tendency to have more them near the end of the session is a is that fair think that's for state read more we don't have them at the beginning. That is when we vote on an amendment. And then we immediately after that immediately after that voter roll call on the amended underlined bill. And then when that passes it to roll it is not sent back to the house because it's already past we're concurring in. And so it It is enrolled to go to the government right so. Correct me if I'm wrong Senator Elliot I think because we normally deal with amendments at the beginning there were several people. Heard the amendment sort of thought that was what we were dealing with they didn't know they were the fair did not voting on the underlying bill. And so that leads me to recognize Senator LA. Thank you governor I and it is a case that a bill was rolled and I did not I should have as well as others realize that we were voting on the bill as amended but I did not so I did not vote as I intended to as others and so my motion is to expunge the vote by which the the motion passed I've talked this is Senate bill two eighty nine and revote it and I've talked to the sponsor of the bill out Senate senator Hammer he or those I was going to make this motion. Thank you motion to expunge the vote on SB two eighty nine that we did a man to expunge the vote that was role in every vote correct at a Mr Mrs Mr Oakes governor out Senator Hammer is hanging out over here because he just want you to know that we talked in okay you're good any questions for senator Elliots. Senator garner. So we're just going to vote on the underlying bill without the revoke the amendment is that correct just wanna. We get a revote. What I would do that okay all in all in favor of the budget. The motion say aye. I so it's six five three voting role part of the motion and madam secretary please call the roll. Hello again. Bill two eighty nine by Senator Hammer to create the medical ethics and diversity act. Ballinger. Beckham. Bledsoe. Caldwell. Caldwell. Chesterfield. Clark. Clark. Davis. Davis. This is mine. Eads eight. Elliott. English. Flippo. Flowers no. Garner. Gilmore. Hammer. Hendren. Hester. Hester. Hickey. Hello. Ingram. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Right. Right. Rice. Sample Stubblefield. Sturch. Sullivan. T.. D.. Tucker. Tucker. Wallace. Wish to vote or change their vote. All of. Senator Davis is president Sir Caldwell is. All right. Okay we go. Cast a ballot. Twenty five Yeas six Nays one not voting one president to leave the bill is passed transmit I'm sorry enrollment. Enrollment. That is the end. One of the page to House bills senator from the phone. One thousand four by representative. Prohibiting a person required to register as a sex offender from entering certain locations designed for public product activities. Senator Flippo thing was president members this builder I can issue that we had in Marion County little city called Yellville body or a half ago the the Apart funds to build a splash pad well last summer we had a but a fall it showed up and decided or hanging around in an entity to take photos of some of the kids there and so the the sheriff was called he came out with a copy the statute apparently this guy knew there's a kink in there because he said splash pad does not listed I'm allowed to be here so go the prosecutor he said. I don't think we've got the grounds for charges so Marion County sheriff department had actual high pay for deputies set out there the splash pad when this guy would show up so what this bill does is it just simply says it specifies the splash pad and then it says. Wait for splash pad water slide in other areas dedicated to aquatic activities for children and open to the general public it's a technical correction but important correction and I appreciate a good vote. Thank you for centers close any objection one 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 you always change their vote. Cast of the ballot thirty three eight zero nine is the bill is passed return to the House center Mr house bill ten sixty three a representative Dotson Senator Hester to amend the telemedicine act to authorize additional reimbursement for telemedicine by telephone and declare an emergency Senator Hester. Thank you governor members you've probably heard from many people about this bill maybe the entire session certainly most recently since it's been in the Senate we've we've made amendments to it but I wanna give you a little history before session there were many members including representative Pilkington and US senator Bledsoe that work very hard on a bill that they had recognizes it as a compromise and agreed upon bill during committee on the house side during testimony it became very apparent that the definition of medical records was not agreed on right so the medical society and doctors most doctors agree that it was one way and and others agree that it should be defined differently so when it came down to the Senate I've always been the Senate sponsor we made the amendment to basically Rick clarify what medical records would be and the whole intent on medical records gets down to this one thing. Do you have to see a doctor in person before you can have do telemedicine with them. My position is you can have a phone call with somebody and that should take care of it you should be able to receive services over telemedicine and medical societies position is going to be you have to go see them in person. An example I will give you that I used in committee I live in a district that is growing and if there's a new family with a mom with three young kids they moving to town on a Friday Saturday morning they wake up mom's got a sinus infection that she routinely has she doesn't have a doctor maybe they moved from Kentucky or New Jersey or California she doesn't have a doctor so now she's got two options one can she pick up the phone and call a doctor using this telemedicine or to do she go sit in an emergency room all afternoon in a new town with her children risk getting more sick and we understood what what is just recently happened with with this pandemic that's not necessarily a great option so when the when the governor did his emergency orders it is been in practice that that is not what people been able to do just pick up the phone without an initial visit to a doctor and be able to do this I can tell you one particular company Teladoc is serviced over five hundred thousand Arkansans during this time. through this there are fifty states that currently allow you to have audio only to establish medical record and to be able to see a doctor receive services fifty out of fifty if the governor's emergency order ends and we don't pass this there will be forty nine out of fifty states doing this there's a couple of important things that I want to point out to you guys one of the most important things that we added to this is on the bottom of page two that said so it is an Arkansas licensed doctor overseen by the medical board okay so you're not going to talk to some doctor somewhere else even if they are somewhere else they're licensed in Arkansas and they are overseen by the medical board and when that doctor picks up the phone talks you. He is a green he or she is agreeing that they meet the same standards of care that are applicable to an in person health care setting so if you call up and say I'm having a sinus infection I have all the time they talk to you there comes with it thank you that you call up and say Hey I'm having shortness of breath clearly they cannot address that and they're going to ask you to go into an emergency room so that's just too small examples anyway I think this is important to keep Arkansas moving forward again every other state in the union including Arkansas is doing this now we're trying to address this before we an emergency order and I'm happy to answer any questions. Thank you Mr chairman thank you Senator Hester one of my major concerns with the. Is the first example that you gave. Someone calls in and says I have a sinus infection. And the doctor prescribe something without having seen the person it could be masking as a sinus infection and be something far more detrimental. How does one address that if you cannot see the person. Sure that is a great question and I would also argue that you could go in and see your doctor and they could miss that hi this is this is saying a licensed doctor in Arkansas is making the choice whether he believes he can he can address your concerns are not. Hester listen closely to my question. Teladoc have contracts with the University of Arkansas systems cystine and others before COVID and and the governor's executive orders. I can't answer that question but I would concede that they they they probably did. And I'll say my other comments going to speak against it okay thank you sure. Senator. Sir Clark all. Would you restate it can what you said about fifty states and the executive order because I've I've got a question based on what I think you said sure I I'm saying that currently and I'm going to lose one point that I feel like is the is the crux of the argument that I believe fifty states allow for an audio only initial visit to establish a relationship and Arkansas being included in that currently during the emergency or. We've been doing that since March of twenty twenty in Arkansas. Hi my understanding and I could be corrected on this but. The maybe there's only one state it's just the opposite of that there's only one state that allows the audio only then then we got it on Teladoc we have the the the other states we all require audio visual for that first consultation it's not just audio I don't think that's correct are you certain that. I believe that it is correct. Okay. Any other questions. Sir Clark. Senator Hester is this does this match what we have been doing during the emergency. It is my belief that this is exactly what we've been doing here in the emergency and we did not have these concerns. That people express them. Well that is correct. Okay thank you. They always speak against Senator Bledsoe has been speaking against. Senate. Thank you Mr president a home ladies and gentleman I. Hesitate to do this because of course Someone that we all. Line I can admire. A hand stows into. Hi Jack. A bill that the. Senate house Speaker house members hand and and I'd just like to go through I did it says Singh Klay. And I just like to say that Senator bart Hester and in such a hostile amendment that representative pinking to Pilkington as to be removed from the bill. Representative Pilkington and representative Deborah Ferguson and I had agreed to the telemedicine bill that mirrored the governor's executive orders. Senator Hester changed on that language to accommodate Teladoc one eight hundred contacts in small direct the executive order says that you have to have a medical record electronic is fun. Of but you have to have a medical record to establish a relationship on the phone. A for a form that patients feel an out is not a medical record all of us have been to the doctor and we have they said fill out this form and that's just to bring up to date of your insurance and all of that and that that is not in medical records and medical records requires an exam by a doctor and all right APR in. A consultation phone call is not what we're talking about we are talking about a phone call that qualifies as an office visit for payment and remember that part that's important. I really don't I really don't like even allowing a phone call with with the medical records but I agreed to that Senator Hester also took out the part of the original bill and this is important that said the insurance company could incentivize a patient to see Teladoc instead of their own doctor that telemedicine what does that mean in other words if they waive the copay if this if Teladoc waive that or rather if the insurance company waste the of copay for Teladoc then they had to wait to co pay for telemedicine visit with their own physician whom you have been saying for quite a while. And he took that part out. Why would we incentivize a big out of state corporations at the expense of our own doctors. Teladoc is a all cash model they don't maintain a medical records because they don't final insurance. And yet that port was taken out of the bill. And on your on your desk you see this this form. And this is been documented a check just yesterday about this the surrounding states these are the surrounding states with may be an exception for Texas but you see it at the top it says telemedicine provisions in surrounding states and a there's Mississippi Missouri Oklahoma Luciana. In Tennessee those did not allow what he is saying that we should allow. And I have a lot more to say but let me. In with this there will be another telemedicine bill we're gonna go back to that original language. And I would just ask that you would vote no and wait for that second bill thank you. It worked out I'm sorry Sir Clark. Sir but we take a quick. She thanks the anyone wishing to speak for Senator Clark. You're recognized. He's for then I'll get to you. Senator Solomon. After I ask you against Sir Clark was a go speak for to be no House go vote I don't know but Senator Hester hijacking the bill I assume it took. Five votes anyway and public health committee of because I'm not familiar with the history of this another committee doing other things. But I just call my doctor I like my doctor. Of the to see how long it would take for me to get in the last several times of called it was at least three months and usually longer if I wanted to see the doctor. Of but this time I got switched to a. Of. Something that said it was the appointment desk. and delete my information to call me back. Of all automated so. Again but I. If it's if it's sooner three months it'll be different from the last several times I called. The. But until I started going in you know people started at forty trying to get me to go in and have an annual physical except for and I didn't do that to probably I was forty six. The but up to that time and I don't think I'm a lot different from a whole lot of the young men in this state I cannot tell you the last time before that that I was in a doctor's office. But I want to see a doctor in it didn't matter what happened what I thought might be wrong with me. One taken off one going. And. Is that better. Then me sitting down and not. And getting hold of somebody on the internet the way people do business today. I am not that keep it somehow keeping me healthy that you require me to go see a doctor that I'm not going to go see. Or would it be better that I contact somebody and they figure out Hey there may be something wrong with you you need to get in and see somebody. there's the other another side of it I will say I'm speaking on it instead of for it but of things to consider thank. Anyone to speak against foreign. Senator Solomon. Four eight four thank you Mr president folks I hope you'll listen this is very important information there's a four year between the medical board at the Medical Society and David Rhoden and it is with the medical society miss Amy Emery is the executive director as I understand it for the medical board Mr Kevin o'dwyer if the attorney I have about seventy pages of for you information and I'm not going to read it I might let Senator Stubblefield reader but I'm not going to read all seventy pages to you I want to read you distance of very short thing this between this is from the executive director of the medical board to David roton and Mr Rowton asked ms Embree. To do research for him so he's directing the executive director of the medical board to reach out to other states and find out what they do and this is from ms Embree back to David he says an cancer she spoke to we spoke to Kathleen about a month ago but followed up with an email today to verify the Kansas does not define what establishes a relationship just a requirement that the relationship be established similar in Louisiana. Another email from Mr Roden to December and I'm just gonna read a couple of days but I've got about eighty pages up on. I do Mr Roden says it should be the same for both if you allow phone only with the patient complet complaining questionnaire technically that's that would be telemedicine and she answered back just to be clear do we need to know if they allow phone only or patient physician relationship to be established so Mr Rogan is clearly directing our executive director of our medical board to do the research for them. Here's another one for Mr Roden I don't know who this is to but we only for yet the medical board was all we could for you so this information came directly from someone the medical board. So looking forward to the look on their face when they passed the bill and then we tell them to look at the statutory definition of storm for forward will still try to kill it the response was we'll get killed in the Senate committee don't know they removed everything. Standard care and ran the part yeah but they'll change that next session we may not be able to kill it this year. Folks there's a relationship between our medical board and our medical society that's not appropriate this was from twenty nineteen. But it also references the same things that are in the handouts that are on your desk today from the Medical Society and I don't know with the documents came from for the what states do I don't know who sent that out but I'm making my comments in reference to those the relationship between our medical board our medical society. I hope you'll consider that in today's vote you the one thing we haven't talked a lot about and Senator Hester did a bit about the people and about the consumers and their right to determine how they want to get medical services and if you have a licensed doctor in this state whose okay and and Feels comfortable with providing that service by audio only are you a visual that doctor will make the decision along with the patient because I I just think there's a lot going on that we don't here on the floor I've got eighty pages of this is public information I'll be glad to share with anybody. Senate. What clothes or whatever. Thank you. Senator when when was that information forward it to you when did you get what year what what month what year. That was from twenty. Nineteen in March of twenty nine we're running the bill well first of all. As the language this is I'm going to get to the point of what you will let me start with this since when is it improper to ask a state agency to help provide factual information another one state agency to another that was not we do it all the time sure it was not in and it is you mentioned that in the public health community but that has nothing to do with what is happening today because that we do that all the time we ask a state agency to do research for that we've even ask those outside people that are not a state agency to do research there is nothing of there is nothing wrong with that five I I disagree okay we have the a lobbyist asking the aboard our borders posed to be independent matter fact I call the men and I matter fact I've got the video of asking Mr o'dwyer if it would be appropriate far the medical board to take a position on any bill Mr o'dwyer said no I've got the video of that also called the man asked to meet with the medical board Mr o'dwyer and asked again if that would be appropriate and they said no and obviously if you look at these pages they have also have a asked Mr o'dwyer their world was in jail and a bill I ask this Emory to if there is a legislative bill that has a poison pill of sorts in other words as Mr Roden referred references if they pass this is not going to do what they said I said medical board if you know that a legislation is not going to achieve the intended purpose does the medical board have a responsibility since you are neutral and you have a responsibility to tell both sides and they said yes. Well I disagree with you wholeheartedly I checked in because of what you said in the public health committee I checked into that and and that is not correct in the sense that you're maligning two of the members two of the only members of the medical board but let me just go back to something else you said you said something about doctors here in Arkansas if this passes then the doctors in Arkansas would be usurped by this telemedicine of Teladoc because in the bill where it says that you can't get a special considerations to doctors outside this state Your second question grammar. Welcome back there. Thank you background similar yesterday maybe just my ignorance on how health care works but may I read and seen you need a healthcare professional who is licensed in Arkansas has access to the personal health that means a licensed doctor in Arkansas before any of this qualifies for anything else is that correct okay we'll make sure I was clear about that because. That's what it says in plain English. Yes four Senator Reddy close center has recognized close. Can members I will I will I checked and reaffirmed that currently fifty states are doing or asking to do and I'd like to think about this almost fifty percent of our cans do not have a PCP. We've been requiring it since the beginning of how who knows how long yes fifty percent of our cans do not have a PCP. Everyone in this room if you wake up on a Saturday morning or if you're traveling somewhere you can pick up the phone and find a doctor because we we know people. Right. In those of us that operator those people that operate in this level of society and no doctors they can already do this. I can assure you anybody asking you to vote no about this isn't missing medical visit are worried about missing house payments are worried about missing a car payment are worried about missing a day work so they can go to their doctor what do you think about those fifty percent of our cancer don't have a PCP that missing a day of work to go to the doctor is devastating their monthly budget. Something they may not recover from so they just don't go to the doctor. Right this is important to the fifty percent of our Kansans have an option for health care that they currently cannot afford I ask for a good vote thank you. Third objection on the vote was. Please please call the roll DO not revert please call the roll Ballinger to call. Beckham. But. Caldwell. Chesterfield. Clark. Davis. DISMANG. Eight. Elliott. English. But. Flippo. Flowers. No. Garner. Gilmore. Hammer. Hendren. Hendren. Hester. Hickey. Hello. Health. Ingram. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. Leding. Leding. Page. Rapert. Right. Rice. Price. Sample. Stubblefield. Stubblefield. Sturch. Sullivan. T.. Tucker. Wallace. You wish to vote or change your vote Senator Flippo as I Senator Hendren is I am. So Leding is no. Senator Stubblefield is I. Centerville if you are. So does. Yes the ballot. Nineteen days eleven days the bill is passed the emergency clause is not adopted. To the house. What. Senate recognize. Members of this bill's going to going to still gonna be fought down on the house on concurring the amendment but I would like to expunge the vote by which the Emergency Clause failed and rebuild the Emergency Clause. Those. Motion is carried. Vote is expunged please call the roll. All members. Ballinger. Beckham. But. Caldwell. Caldwell. Chesterfield. Clark. Davis. Dismang Eads. Elliott. Elliott. English. Flippo. Flowers. You know. Garner. Gilmore. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. His name. Hello. Thank you. Ingram. Irvine Blake Johnson. I Johnson. Leding. Page. Rapert. Rapert. Rice. Rice. Sample. Stubblefield. He's. Sturch. Now Sturch. Sullivan. Teague. Tucker. Wallace. This is the emergency clause the bill already passed well if you wish to vote or change vote Senator Gilmore. Senator Rapert is by Senator Hill is no. Anybody else. About eighteen days twelve days the mercy calls does not. Past Senator Ballinger. You're recognized. So I hate to keep beating a dead horse but I move to expunge the vote by which the Emergency Clause failed and the reason for this right so right now we're under emergency orders were operating currently under this if the mercy clause doesn't pass that we will have a time frame of when I hold emergency will end that directive will go away and will have a gap before the new system so even if you oppose the legislation I would just you know and for you to make aware the system continues to function and and that's not it would be good if we did so I just make a motion to expunge the vote by which which emergency clause. If you want to combine and I'm good with that well you got to make it okay expunge the expense vote and I make a motion to re on the questions on the motion all those of favour say aye. Clause. No. Motion fails. Senator Gilmore. House bill eleven fourteen by a representative Wardlaw center Gilmore. Concerning the supervision fee for probation and parole. Thank you remembers this bill comes to us from the Department corrections would allows them to do give them some flexibility in meeting the individual needs of the parolees it allows them to decrease supervision fees it also allows them to increase but that is caps we made an amendment to cap that but only with the approval of the legislature and with that I would appreciate a good vote. Any questions anyone who wishes to speak again. For senator is walked away I mean I think that means you closed. You need to be recognized thank you. You're. Okay. Those okay. If you just get out what you're doing you're recognized what center just bill. Thank you senator. I'm not. Senate. Well. ladies and gentleman I have Joel Mr graves that I am opposed to this bill. People who are in jail invariably don't have much money. And their families sometimes have even less and we we continue to raise the speeds on people we reduce some somewhat during the the pandemic so that they can have some relationship with their family and now we want to raise it again all they have the opportunity to reduce it but that never happens and so what you have a people sitting there unable to communicate with their loved ones who are in prison because they just can't afford it I would appreciate a no vote. Thank you senator Chesterfield. Anyone we speak against for against four Senator Ballinger for. Senator Ballinger is recognized for. President I want to say that I agree with senator Chesterfield a hundred percent there all too often we have too much fees on people however let me say about this two two things one is it actually does provide a mechanism for to be reduced in certain circumstances and there's also a cap of of no more than fifty dollars is what it region with this bill came through Judiciary we didn't like it for all the same reasons why you don't like it but they went back to the modified it in the second reason why I think it's okay is there are some situations where you can have the the individual who had is creating a burden on society because of the fact that they've they've you know went to the criminal that committed a crime they're they're now incarcerated where they do have the ability to to pay and help carry some of their own burden and that they can that should happen I think that we probably need to do a better job of individualizing it this system would allow them to bring that plan would say say they're going to do to a healthy to be able to at the end of it individualize it and so I I really do believe most of your concerns will are also my concerns and I think will be addressed when that would actually bring the rulemaking. Thanks Ballinger and. I want to get that clarification because I heard the same thing you do that this is more about a method to reduce fees and a lot of cases than increase so and is what you said I haven't read it as much second closely since was in committee. I don't always have to come back to A. L. C. if they were going to increasing or reducing the the one that they have to go through a see and look he said it's also about reducing fees. Around long enough the government to see that that doesn't happen all that much but I do believe that that's a little bit the intent but I think probably the most important thing is this concept of being able to put together a plan they have to come before us with to get approved that enables it to the people who can't afford will pay the people can't afford to continue having this burden you know placed on them that causes them to you know get out of prison with with a big amount of debt so I think that this actually provides them the tools to take care of it but yes everything anything that is going to come before Elsie I'm I'm not completely confident that they will try to increase the fees we just need to be those of vigilant about it but I think from a policy standpoint it's good to be able to make those differences in and and I just you know we all expressed some of those same concerns when it came through and that's what the bill to pass first time and we really gave Gilmore hard time about thank you. Question Sir Ballinger. I thank you Senator Ballenger when we were I am good with this bill when we are talking about the authority to lower the fee It's pretty much common practice our common belief of from I'm I would say all lawyers because I know you're not all of you know one big blob. That these in the first place should not be the way we are funding our justice system I'm not a lawyer but I certainly put myself in that category. So if anything if we want to lower the fees that would be consistent I think with the believe about a fair justice system. When we raise the fees if you go along with that a does not doesn't that define what it means to have a three a justice system not funded by people who are not well able to pay in the first place. And how do we square that in this bill when many of these folks are ones who can hardly pay the thirty five right now yeah I don't I don't disagree with you and I guess the way I ask where it is I I really do believe Mr grades when he says the plan is to try to develop a system and and the one thing I would just push back on you little bit is obviously the justice system should be funded by fees and it never will be one ever get get enough out of it do it however the people who do have the means there's not a lot of them but the people do have the means to end up in the system and they're costing taxpayers money and they can pay those people should be paying more of their of their fair share rights the ones who can't but what I don't want people getting out of prison with debt the makes it where there's a lot more likely to return to their crimes because you don't make as much working on the line and Tyson and use but no we can swing in drugs right so we don't want to make it harder for them to succeed but at the same time we also if people are able to help carry their burdens they should be able to do it and right now we have a season statute there's really not that flexibility to do that so the way we've done it is we make it made it where they can now go come to us with the plan that is individualized to has the ability to create the flexibility to probably the same things that I want and you want but as it is now they don't have the flexibility so would could could flexibility have meant that we could keep it at thirty five where there are some folks who can't afford it really and some okay cannot. That would create a flexibility went out raising the fees once for a discussion well so we could have set the captain seven fifty capped at thirty five however the people who can pay more than thirty five I'll be paid one thirty five the people can't all be paying something less. Look your skepticism that when you capita fifty everything's going to go to fifty that's warranted and that only exist because that's what history teaches us however I do believe from setting a committee that were likely to to actually see something that is better we would all agree with the creates more flexibility in order to make it where some people are getting getting nailed as much as they are today I agree with that but this is a classic Hobson's choice where you got to take it all or take not a bit that's the problem so who is it under the bill who is it that's going to be how that flexibility is that is that the director or the Secretary this case or is that the board it'll it'll be just like any other rulemaking where they'll have to after the rules of the provide the opportunity for notice come to a Seve to get it approved before anything's the implemented so that the answer is kind of like the system itself including us have the say in the process will be trying to ask an internal questions are within the B. R. eighty C. in general is it simply the director who will decide I'm going to go ask for this lowering or raising the fees or do you know if the ABC Board has anything to say about I'm good at like ten thousand feet that in detail that I don't okay but you know I appreciate I mean look I don't disagree with with you all know and your heart on however I do believe from from sitting to the committee that that those concerns were were were expressed and we kind of came to a compromise that I think enables them and if they don't do it then then I'll be right there with you great thank I less lesser promises time or just you just made me think of another one that is are we putting our faith in the person they are now. Are we putting our faith in the justice system itself that this is going to be handled in a way that we're probably going to see more alluring than we are raising up I'm putting my and my faith in you and Senate Chesterfield and is carried that is Senator Hester to to to police this to make sure that it comes out you know and all the rest of us become my question though you gave an answer but does that your answer the answer is it's the system is is to right it is a system that is is going to be all but that it is the stands in the way of them but also the people that I've Sullivan I do not believe you I've never seen line I don't think you lie to us I think you G. one but plans on trying to set up something that is fair to everybody including the taxpayer so I. I've just did not want it to be we have just depending on Sullivan because I don't know how long you'll be there that right well I think it's I think it's for the system and all right thank you. I just wanna clarify lifted up here and it does because normal approval review process we don't have on things but it says an increase or decrease in the monthly supervision fees shall be approved by legislative counsel so okay thank you. Questions Senator Ballinger. Thank you Senator Ballinger and governor and your Senate really touched on this right in a lot of what you're talking about is the goal of this I I totally agree with and I have all the faith and confidence in secretary grades in the world he's got a lot of respect for him we just don't know who his successor or successors will be and the guidelines that you're talking about are not in the legislation and so that's in the U. is that concern you at all in fact I even I've expressed that to some great food the only real issue is they don't have it all put together yet but they're working on it so so I I said it would be nice of the the guidelines were actually in the bill so ultimately we're we're trusting each other that will do a good job and and honestly does can be put in our seats just like those to be put in solvency and it could be wrong but you know I I hope that's not the case and people will please those and try to make sure they're smart about policy pretty good vote anyone anyone would speak against. For. Of all. Sir Clark is gonna be gone. There any of you to be more skeptical than me. Of so I'm not gonna tell you to vote for this of some of the things that you've raised I appreciate you praise them and I will be thrown back on some other bills If I voted on this based on my faith in government or even my faith in the future legislature I'd be vote no on half the stuff that comes through here. Of but I want you to know that when this bill first came through it had no limit. And we. Of I was definitely predisposing the committee was pre disposed of to do nothing with it and what we were told its own video it's preserved we were told that the reason behind this was mostly so that they could decrease fees and I watch Mr brazen or I should uses correct title secretary director. Of. It be better if I could remember their titles but the but I watched a lot of the common sense things that he's doing. And end up but also raise that question you're not always going to be here. Of and he had good answers to that but I raise that question your really doing this to decrease fees because it looks to me like you can just increase on an increase of an increase or. And so when they brought this back with the fifty dollar limit again the very question last question that was asked was you told us for the record that you were doing this so you could decrease fees now do I have confidence in who comes after graves do I have confidence in state government do I have confidence in the future legislature no that's one speaking on the bill but I have enough confidence that based on everything else we do that I'm going to vote yes but have the same concerns as centerfield Senator Elliott and others expressed thank you. And I'll be glad to take questions of anybody has anyone else wish to speak. In any way shape or form on the bill. The guy who's Bill what the center Gilmore wherever you are you closest senator does not wish to return to the well he's closed. Any objection rolling the vote I think there is. Your general. Senator Alan. You're rolling the vote. Okay please vote. Ballinger Beckham. Bledsoe. Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram. Irvine. Blake Johnson Mark Johnson Leding Page. Reipert. Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Anyone wishing to change their vote. Hours ago. Senator Tucker is no. Senator Chesterfield is no Senator Elliot is no senator garner is no. Senator Breanne Davis is no Senator Teague is no. Senator back is no. Senator hill is no senator. Stubblefield is no Senator Leding is no. Sullivan is no Senator Ingram is. Senator. Yes Sir flowers she said okay Senator flowers no think Senator flowers anybody else want to vote or change their vote. Make sure reflection desires. Cast a ballot. Twenty eight just thirteen days the bill is passed return to the House senator Brianne Davis. House bill eleven eighty eight by represented me in Senator Davis concerning exemptions to the private security agency private investigator in schools thirty licensing and credentialing Act. Thank you Mr president this bill just allows technicians who are currently installing modems cable telephone to also install that self monitored as security cameras that customers have exclusive access to you and I'll take any questions. For. Senators oppose any objection on the voter rolls 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 their vote. About thirty three A. zero nine age bill is passed returned to the House senator Wallace. Trouble for by a representative Taschen senator Wallace concerning privileged communications between a certified peer support member and an emergency respond or. Cenwalh thank you governor members this is a good bill good act already and we're gonna make a little bit better today. Law enforcement officers of this mess the S. to be cared by law enforcement officers safe and bring this up. During their career firefighters law enforcement officers first responders see some horrific things. When the people go through that they want to talk to someone but they will talk to someone that has experience that already. The same way with soldiers. The bill as it currently stands. Kills Privileged communications between other active what I call active duty law enforcement officers or fire fighters this bill merely opens it up and allows our retired police officers are retired firefighters are referred retired first responders if they are certified and there's a forty hour certification through our law enforcement academy if they're certified they can also serve as a privileged accounts for with our young police officers and individuals that have gone through a. Pretty rough time. And with that I'm not ready respond to questions any questions. He always for. Hello Sir Senators close junction on the vote these rules 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 wish to change their vote. Cast a ballot three three eight zero nine the bill is passed through the house Senator Hammer first of two Senator Hammer. House bill twelve fifty four by representative Wardlaw and senator Hammer to authorize the Arkansas Medicaid program to recognize an advanced practice registered nurses a primary care provider. Thank you Mr president this bill simply aligns Medicaid with the same alignment as commercial plans eliminates the need for referral in order for nurse practitioner to treat a patient it also increases access for Medicaid patients in line with the policies Medicaid it does not allow on APR and to own a patient center medical home model that was put into the bill I know there's some questions floating around about art of terminology but explicitly says that they can owns patient center medical home model does not allow for an APR into practice beyond their scope of practice does not raise the rates so that it's equal to what a physician would be reimbursing a medical Page met Medicaid patient but it does allow for whenever there's testing that it would be reimbursed at a hundred percent for the test that would be ordered it does allow a patient if it does it does allow patients so you're recognized PCP who is a nurse practitioner I'll be glad to answer any questions for. Any questions they always speak and always speak for. Centering speak against. Senator Ingram is a recognized anybody wants to be governor. I will follow them areas get senator. Thank you governor this is more I guess some speaking on the bill in the necessary against it but I am going to vote against it of this thing the controversy on this bill. Ms off of one word and if you look at the bill on the backside OWN Page two line one it allows an A. P. R. E. and to act as the team leader of a family practice of a patient centered medical home that word team leader in first that an APR in could in fact be allowed to be something that they are currently that they could take the place of a physician. Of this is that this bill doesn't have anything to do with increasing access to health care I think there's over a million and a half slots that are available for Medicaid patients in our state it just I think it comes down to whether an is the sponsor is senator Hammer said there is a prohibition on an A. P. R. in owning a PCP but this one word team leader has caused all this issue and in fact I thank the sponsor in the House of promise to amend this language out of it on the floor but that hasn't been done up so because of passage of this bill. It is going to require new rules to be drafted and if we draft if this passes. And we draft rules to allow a P. R. ends to in fact take the place of positions in the PCPs then we're really breaking the spirit of what this is about that is my concern I would ask you respectively to vote against this until we can get a clear determination regarding just what the definition of lead a facility thank. But for or against. Senator is recognized to close. Thank you if you look on page two line thirteen there was an amendment that was placed on the bill yesterday there and I'm repeating what I was told that there was some discussions that if an or a amendment was placed on the bill it would go an amendment was placed on the bill in committee line thirteen twelve thirteen says purposes under subdivision of this section does not include owning a patient center medical home model they cannot own it yourself something else I want to point out with regards to the comments were made about the open slots there was information that was handed out in committee with regards to the number of slots the thing that is not representative are the number of Medicaid patients who call to get in to see a physician on our toll and are told that there are no openings available the one thing that you know need to know is this that the maximum caseloads is represented on the handout that was given does not necessarily reflect the interior policy of the medical clinic that limits the numbers that they will see as part of their policy and so yes there are caseloads and yes there are openings what a lot of times that is controlled by what happens within the individual office and so one thing I'm asking DHS to do is to contact everyone of the providers and ask them what is their internal policy as far as the number of cases that they cap within their offices in order to get a true assessment of it the other thing I would like to point out is this that it has been stated and I know it has been stated but also no we all grab our individual stories when we come up here to prove our points it has been stated on the part of some positions that they are glad for this because what happens is the patient is for. Referred by Medicaid down to the position they call the physician's office and that the position doesn't want to see a patient which I understand because of caseloads they're all full with her testimony today about people having to wait a long time to get in to see their doctor I understand that so what they do is they write a referral and say go down and see the APRN and so why not just improve the process so people can get direct access to care. The last thing I would say is this. The last thing I would say is this and that is that what we want to be able to do is have individuals be able to get in to see somebody to get their health care needs met I appreciate a good vote. Ballinger. Ballinger. Beckham. Bledsoe. Bledsoe. Caldwell. Caldwell. Chesterfield. Clark. Clark. Davis. Dismang Eads. Elliott. Elliott. English. Flippo. Flippo. Flowers. No hours no. Garner. Gilmore. Hammer. Hendren. Hendren. Yes Hester. Hickey. Hello. Hello. Ingram. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. Leding. Leding. Page. Rapert. Rapert. Rice. Sample. Stubblefield. Stubblefield. Sturch. Sullivan. Teague. Tucker. Wallace. Stubblefield is by Senator Flippo is no. Leding is no senator hill is I. Senator Bledsoe is no sure Clark is on anyone else cast ballots. Twenty eight nine days the Bill pass is returned to the House senator Hammer Agege B. twelve seventy five and there is an emergency clause. Twelve seventy five a representative Smith. Concerning race reciprocal service credit as it relates to the Administration of monthly benefits concerning the definitions of alternate retirement plan an alternate retirement plan. Thank you this is bill the retirement committee that passed without opposition to my knowledge house bill twelve C. five six interaction between Arkansas teacher retirement system in the alternate retirement plans offered by institutions of higher education a current law allows an individual who's left a T. R. S. and is now part of the higher education uses combined service to determine eligibility ninety R. S. current law ends the reciprocal research relationship if any withdrawal is made from the all alternate plan house bill twenty seven five twelve eighty five allow certain withdrawal should be made and not affect the reciprocal relationship and gives rulemaking authority to a terrorist Board to make needed clarifications house bill twelve twenty five would allow a more consistent treatment when dealing with these defined contribution alternate alternate plans it would also simplify administration these reciprocal situation not important clarifications is is that final average salary calculation will be based on a T. R. service and I appreciate a good vote try to answer questions. Hammer you wish to speak against four Senator centers close any objection or the vote his 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 was injured vote. Cast a ballot thirty three eight zero notice bills passed mercy calls turned to the House Senator Hester or. Seventy six by representative under wouldn't Senator Hester concerning voluntary presumptive sentence sentencing standards of a person's criminal history store Jennifer. Thank you members this bill is brought to us from the sentencing commission the sentencing commission is made up of public defenders prosecutors and some general public what this bill an example of what it would addresses of somebody's and I'm meltdown and they go through Pulaski County in saline county and up to Benton county in a particular day just on some meltdown regardless of how maybe the third thing they did is the first thing they plea to and they get out of the first thing it it but it's the last thing they address this just codifies how that scoring system goes regardless of when the act took place or not when the act took place but when the plea happened so happy to answer any questions. Are there any questions for Senator Hester. Saying not anyone want to speak for or against the bill. Seeing none Senator Hester is indicated is closed for the bill. Anybody have an objection rolling the. I am secretary 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. Do any Senators desire to change their vote. Seeing none Madam Secretary cast a ballot. We have a Senate. Senator Elliot is present sorry about that and you can't you may also carry tranger wrote. C. nine cast a ballot. With thirty two a one present you on leave your bill has passed the yes we're in the. The House return to the House. See we're going. Senator hammer house bill twelve ninety nine The representative for morning senator Hammer. To amend provisions of the Arkansas code concerning the Arkansas teacher retirement. Senator Hammer you're recognized present your bill. Thank you this is also why the retirement committee house bill twelve ninety nine will increase percentage of tolls total personal cost personnel costs they can be used as incentives to get tenure not injured people to voluntarily retire after a year earlier the percentage will increase from one percent to five percent given the significant variance in the size of our institutions of higher education this will allow the smaller ones to be able to exercise this provision a little bit more this is just allowing institutions to reallocate their existing budget funds there is no new money and the cost there's no cost to the system Kevin Anderson Ashley shared that expects that it will be a cost savings as a result of this bill I'll be glad to answer any questions. Are there any questions for senator Hammer. Seeing no questions as anybody wants desire to speak for against the bill. Seeing none Senator Hammer closed he's indicated that is close from the bill is anybody object to rolling but love. Seeing none madam secretary please role of Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample status Stubblefield Sturch Sullivan Teague Tucker Wallace. During the senator's desire to change their vote. Seeing none of them Secretary cast up the ballot. With thirty three eight your bill has passed. Returned to the house Senator Rapert. Thirteen forty three by representative warned Senator Rapert. Concerning voluntary retirement deferred retirement employer contributions the benefit multiplier Election to participate the board of trustees of the state police retirement system and system cost. Senator Rapert you're recognized present your bill thank you Mr president members factor to have your attention for just a minute on this bill I want to make special mention of our state troopers that are here you know timing is everything and we have some wonderful representatives from Arkansas state police here trooper door today is about to join them she's been with the and law enforcement for ten years trooper stringers been with them for thirty three years trooper Starnes FOR nineteen is a Leo and trooper green for four years and they just happen to be here today for presentation of this bill this is one of the back the bill blues and now I want to say thank you to representative Les Warren his leadership on this issue we're excited to present house bill thirteen forty three today change the number of years required for an Arkansas state trooper to retire from thirty to twenty eight years representative warning myself work with secretary cook bill Bryant and I must say also the governor's office on this issue this was first going to be lowered to twenty eight was going to keep their retirement packages the same status but we were able to work on that so key components of this is the ASP will allow slightly greater percentage of their budget to be used to fund the annual retirement costs for the tier one and tier two members we have language taking the percentage of the ASP budget from twenty two to twenty six percent of their active member pay roll this covers about seven hundred thousand one point two million calls for this bill actually one million two hundred thirty one thousand the governor has also committed additional amount of five hundred thirty thousand to cover the difference between the budget change above the cost to implement this change the big key in all of this is that the multiplier will be adjusted to allow for the retiring ASP members to receive the same benefit for twenty eight years that they would receive for thirty years Arkansas state police officers will get to retire two years earlier at the same retirement. Hey and that is the same as they would have been if they'd been it thirty this also is worthy of note because now this puts the State Police parity with all the other law enforcement officers in the state of Arkansas the happy to entertain questions and I appreciate a good vote are there any questions for Senator Rapert. Seeing none with a bill like to speak for or against this bill. Seeing none are you closing your bill and perhaps Senator Rapert I might suggest we bring the for law enforcement to the front of the if it pleases the president that would please me they want to please come to our nation's or. Thank you are you closing your bill senator right close appreciate your role in the vote. Anybody object to rolling the vote we're gonna have to have the the law enforcement read out just a little so the ladies can see I think we're gonna have unanimous load here but. There we go there we go Okay. Madam secretary please roll above 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 Teague Tucker Wallace. With any Senator like to change their vote. Seeing none Madam Secretary cast up the ballot. The members will give us a few minutes to get some congratulations we'll move on returned to the house. House Bill thirteen fifty five will be next. Senator English. Coleman for. Senator Jane English House Bill. Thirteen fifty eight. Thirteen fifty five by representative Dotson remains licensing requirements for motor vehicle sales person in a recreational vehicle sales person and to create the automotive technology education Korean Fund in program. I know we're getting late in the hour members the let's keep the conversations as low as possible the record business Senator English you're recognized present your bill thank you very much basically this bill removes the licensing requirements for motor vehicle salesman. And it also creates the automotive technologist. Education grant program we of the automobile Association. The automobile commission has funding and they use it for grant programs for high schools in two year colleges for their automotive program so this will be a lot more coordinated with our career technical education the department of education. Are there any questions for Senator English for use available for questions. Okay she doesn't appear to be taking questions. So she didn't want any questions are there anybody that like to speak. You want to take any questions. Chesterfield you're recognized for a question. Thank you Mr chairman thank you senator bless you taking my questions I guess I'm concerned about eliminating of is this the one where you eliminate the test or something for the salespersons. Any move the licensing requirements for motor vehicle sales person why is that a good idea since the only person ever see one of my car as the sales force shall when you go over some and all the car dealerships they've been paying fifteen dollars for a license for a salesman that to sell the cars so they have agreed to do away with that license such as not needed it which is kind of a and they were putting their money into it was about seventy thousand dollars so that we reduce that so they really weren't doing anything special they were just paying the fifteen dollars it was no special training might not know there was no training or anything because I want them to have as much training as they can before they take my money hi thank you thank you so much by. Senator mark Johnson you're recognized for a question thank you Mr president Senator English I believe during the interim we had some some hearings asset I'll one about this is that the motor vehicle commission was collecting this is the which is you said it's just saying there's no test there's no anything other than every time you hire new sales when you send the commission of the fifteen dollars that salesman quits and goes to work for another car dealer and that delusions of the fifteen dollars and this is accumulated and I ask the question of why and it was used for a good purpose that we're giving it to Automotive training and some cat often times at a a technical college remote high school maybe or something but I thank seems like it was a bit out of place for this to be in Hey agency like motor vehicle commission supposed to education vocational education workforce services this is placing it is it not in. We're the people that are involved in that type of training I have control over the grant program is that correct right and basically the automobile Commission automotive Commission or whatever has been collecting these funds and has had a grant program to a high schools in two year colleges for number of years but it's never been coordinated with the ongoing programs that we have at the state level with career education and and two year colleges so this coordinates the efforts a whole lot better so because they've got some good money they've they've done a good job of putting resources forward we just need to make sure that we're using all the resources together. For a good product the other thing I like about it is the opportunity for those folks who are in the automotive industry there's service people and all that to be involved in the training and in designing programs. It's a very good bill I thank you for answering questions. Thank you Mr president okay are there any other questions. Seeing no other questions what do you mean like to speak for or against this bill. Seeing none are you closing your bill English Senator English education is closed for the bill anybody object to rolling the. Seeing none madam secretary please roll the. Ballinger Beckham Bledsoe Caldwell Senator Solomon you're recognized. You'll have to read. I think Senator. Okay forty point house bill fourteen twenty four by representative Smith centre Sullivan concerning the administration of the oath of office. Senator Solomon you're recognized thank you Mr president focused is a pretty straightforward bill does just what it says there's been no opposition I just adds a District Court judge to one a judge that can give an oath of office. Are there any questions for Senator Solomon. Seeing none would anybody like to speak for against the bill. Seeing none Senator Solomon has indicated that he's close for its bill with anybody object rolling the vote. 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 with any Senator desire to change their vote. Seeing none. With thirty three eight zero nine your bill is passed we will move on Senator Clark. Are you going to run for you. Seeing that's all take center are you gonna number here house bill fourteen forty nine. The good. Thanks for the bill fourteen forty nine per cent halts to create CarMax law and concerning the ability of a distributee of a small estate to make bank deposits on behalf of a deceased person's the state. Senator Garner you are recognized to present your bill thank you currently there's no effective way to transfer certain small small assets that are made out of the estate of a deceased person more often after someone dies a small check comes in made payable to the estate if there's no one if there's no estate or probate open the banks won't depositing check cash or check. checks to place more good example someone final paycheck refund from utility payments creates unnecessary headache frustration legal fees for the return family spouses with that I'll take any questions. Are there any questions for senator garner. Seeing no questions anybody like to speak for or against this bill. Seeing none Senator Garner you close for your bill any objection to rolling the vote. Madam secretary saying no objection 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 your any senators are to change their vote. Flowers president of ours is present. You saying no other senators indicating change matters. Secretary cast up the ballot. With thirty two days one present one leave your bill. Returned to the house Senator Clark you look different on this bill but please present this bill you're recognized fourteen seventy by representative Scott Scott and Senator Clark concerning some solitary solitary confinement or restrictive housing for pregnant or recently pregnant inmates or detainees and division of correction at a local or regional detention center or any juvenile detention center. Thank you Mr chairman. Of this bill of. Actually was borrow from the department of corrections of and is implementing for the future what they believe is the correct policy and it says that we will not put of pregnant of inmates in solitary confinement except in some very Of. Specific instances I'll be happy to take any questions not that I necessarily have the answers. Are there any questions for Senator Clark. Saying no questions. Anybody like to speak for the bill. Against the bill. Senator Clark would you like to close for your bill and oppose the president good vote Senator Clark close any objection to rolling the. 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 any services are to change their vote. Seeing none. Cast a ballot. With thirty three a the bill passes we will move on return to the House. Want to Senator Hester. House bill ten fifteen twelve by representative under wouldn't Senator Hester remote work in the supplemental nutrition assistance program. Senator Hester you're recognized thank you members of the this involves the work requirements on the snap benefits and currently up to twelve percent of those people receiving that do not have to have a good cause two and basically they don't have to work if they don't show good cost reason they're not working to receive those benefits this eliminates that opportunity for no good cause with the exception of the two that are majority there that that the DHS using that for those currently in foster care they're eighteen to twenty one and going to college they're getting those current exemptions and those residing in a desk domestic violence shelter so anyone else would just have to be approved good cause to not have to to be able to be exempt from a work requirement I'll give you some good causes I don't have transportation that's considered a good cause I'm trying to volunteer somewhere and there's no one that will allow me in my area I'm trying to work and I'm trying to nineteen those are some basic exemptions of exemptions for good cause happy to answer any questions. Senator Felder recognized for a question. Thank you Mr Sheeran Senator I'm glad you're giving me some examples because it seems to me when I saw this except currently in foster care residing in a domestic violence shelter and I was concerned about exemptions for illness and disability. The somewhere in this it says that that is a good call. Well not in this particular bill but those those are those are good causes that you would not that you would. It in the law it's already in the law yes so what do you. Well what we're getting away from somebody just coming up there and saying I just don't have any work well did you go apply somewhere no. Right now up to twelve percent of people can give that answer like I'm not making any attempt I'm doing nothing in the DHS social worker can say well I'll go and give you an exemption for no good cause up to twelve percent currently can have that this eliminates that. Thank you. Senator Tucker you're recognized for a question. Thank you Mr chair. Do we have any evidence that. The exemptions being administered by DHS that that's been over done refused anyway. At the current exemptions yes Sir no actually we're DHS is doing a very good job with this from my research they're actually doing a really good job or not using this no good exception very often at all except for the in foster care those residing domestic violence which I think we all agree deserve a no because exemption what what this does is set up to twelve percent currently attending the concern with that is it banks so if you don't use of them were not there banking so we could look up and four five or six years and half the people if there's say there's a a change in the executive branch thank you just give all your basically if it were our work requirement and give everyone a new because. Are there any other questions Senator Hester. Seeing none would anybody like to speak for this bill. Against this bill. Senate has for you like close these indicated that is closed. Is there any objection to rolling the. I do have an objection objections are rolling to vote please call the ballot. Ballinger. Ballinger. Beckham. Thanks. Bledsoe. Caldwell. Caldwell. Chesterfield. Clark. Davis. DISMANG. He Allen. English. English. Flippo. Flippo. Flowers. No worse no. Garner. Gilmore. Hammer. Hendren. Hendren. Hester Hickey. Hello. Hello. Ingram. Ingram. Irvine. Blake Johnson. Mark Johnson. Leding. Page I Rapert. Rice. Sample. Stubblefield. Sturch. Sullivan. Teague. T.. Tucker. Wallace. Do any centers this art and change their vote to the side first. Ingram is a no. What else let's try this. The known madam secretary cast a ballot. The twenty three eight six nine the bill does pass returned to the house Senator Clark House fifteen fifty by representative Valerie concerning the salaries of District Court judges and personnel for certain district courts and to repeal obsolete language Senator Clark you're recognized thank you Mr of this is a. Bill two of. Lot of it is clean up language but it's set salaries of the District Court judges in personnel for several boards. It is of we are told that it is agreed to among them lots of these are as some have specific salaries some have as set by the local quorum court etcetera I have not checked with them to make sure that that's what it is but it is does have a look at that's what it is I'll be happy to take any of your questions are there any questions Senator Blake Johnson you're recognized. Senator Clark. There's the issue. In. I have we have a combined District Court. And I don't know if I need to get mine included in the us to remove one of. Okay I've been trying for weeks to get that answer where this I don't know if it's this bill. But if we need to amend this bill or whatever but I hadn't got that from from or or Burch. Could we make sure that that's not what I need to have I have my county and after a move that Senator Johnson you know I have represented Dalby Renison Committee and I picked it up because there wasn't anybody in the Senate on it but I'll be happy to pull it down and the you of see if you can get some answers for representative Dalby comes and tells me she wants to get this bill right. Hold on just a second I think I found it. One page for. I think it's on page four Elenor so if you want to commit to study at week I'm sure we can put it you can pass it and come back. Whatever the you want to study it Senator Johnson. If it if it be alright if we can. We got without objection we'll pass it we come back. School house bill fifteen fifty will be pulled down and we will move on to the Senator Rapert. Fifteen sixty eight representative makes to creative study of the use of certain elections technology. The river you're recognized thank you Mr president members this is a good bill the representative makes is brought forth very timely it creates a study of the use of certain elections technology and the bottom line is it it directs that the house committee and the Senate Committee on state agencies and governmental affairs shall meet jointly to conduct a study of election technology including without limitation the use of biometric data and ballot tracking obviously you can look at the bill is rather short it talks about what the Committee will do one of the most important aspects of it for the committees are concerned is that on or before November the thirtieth of twenty twenty two the House Committee and the Senate Committee on state agencies and government affairs shall submit to the Legislative Council a final written report of their activities their findings and recommendations with regard to the study required under this section I appreciate a good vote answer questions are there any questions for Senator Rapert. Seeing no questions would anyone like to speak for against the bill. Seeing none Senator Rapert would you like to close for your closed thank you Sir and Rapert as close for his bill are there any objections to rolling Love. Seeing none madam secretary please rule 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 desire to change their vote. Seeing none Madam Secretary cast up the ballot with thirty three eight zero nine your bill has passed returned to the house Senator Ballinger has fifteen ninety three by representative Gazaway and senator hatch Ballinger concerning retired prosecuting attorneys carrying a concealed handgun. Senator Ballinger you're recognized thank you Mr president this is the this bill basically does the same thing the prosecutors currently have the ability to to carry a firearm if they retire after ten years of good service and have the ability to carry at and when they retire then they'll have the ability to continue to Kerry after they leave office major one reason why we've invested prosecutors with the bill did Kerry is they tend to deal with bad guys and they tend to make bad guys very mad so it gives them the opportunity to continue to protect self happy to answer any questions are there any questions for Senator Ballinger appreciate a good vote. Ladyman like to speak for against this bill. Senator Ballinger is indicated he's close for the bill any objection to rolling them up. Z. nine 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 really Senators desire to change their vote. Seeing none Madam Secretary cast a ballot with thirty three AM zero nine your bill has passed returned to the house Senator Hester. Sixteen oh four by representative Gazaway concerning the application of the offense of possession of drug paraphernalia in regards to that mutual offender sentence enhancement and concerning the offense of drug paraphernalia Senator Hester you're recognized thank you members this bills brought to me by the prosecutors and and what's interesting is they they have a stake right now that they're offering to put back in the host as opposed to using an example of what that is is not rolling thing so if they if they if you get pulled over by an officer and you have four needles with masks on right now they can charge a felony for every needle you have this just says they're going to charge for one felony or if you've got twenty five you know use baggies of marijuana they're just going to you know charges for one as opposed to twenty five so prevents them from rolling you know they're giving up what they're giving up a current state that they have and I think it's just shows a I'm kind of a movie to try to be fair to us as possible I appreciate the prosecutors. Happy to answer any questions are there any questions for Senator Hester on this bill. The number you may like to speak for or against this bill I A. C. Senator Ballinger you're recognized speak for the bill. President I just wanna be real quick and I know we all want to go home but this is an example of prosecutors who have this tool that they're using when their plea bargaining they have a tool that they can basically really threaten somebody to to prosecute was something and and yet they are voluntarily giving this away so it's a good example I just want to let this pass without you're basically thinking the prosecutors for coming in and institute reforms because it's fair even if it makes may make their job harder so anyway I just was I appreciate a good vote Senator anybody like to speak against this bill Senator. Speak on the bill you are recognized. One acid the sponsor question and I miss my opportunity. Apology Senator Hester what what you're talking about in in rolling the two into one I'm totally supportive of that but when I read the bill it looks like it's creating a felony in a couple of different places one is if it's your second offense under that section the moves from a Class C. misdemeanor to a Class D. felony and the second is if you're in possession of paraphernalia for math her one or fennel it's a Class B. felony that stays the same but were it creates a Class D. felony for possession personally for any other kind of drugs and so I just wanna make sure that I'm reading that right I may be reading it wrong but it looks to me like we're creating a couple felonies with that with this bill and that's I do have concerns and questions about that. So we have those Senator you're done. Everybody would like to speak for the bills recognize Senator Garner for the bill. What you speak for. President I kind of miss the first point you brought up but I think I think is what you're talking about look at the current code is a Class C. misdemeanor or a Class D. felony that has the additional conditions on there and we're just adding that the privilege of being convicted so it's actually they've had to have a prior crime was Class say or they'll go to class the in the second port all the crimes right now is a Class B. felony unless the controlled substances met the pain here run in fentanyl is what we're change it to so it'll be a Class D. felony the fall right now is a Class B. felony which is the worst felony what we're doing is adding a subsection for lesser drugs will be a Class D. and then Class B. for methamphetamine the other ones which it is currently now is that going to answer your question. Let me ask questions. So I. I would hope that I'm wrong. In this section be on a page to what you're talking about starting on on line twelve. Language ensuring from one fifteen easement met her when in fact our or cocaine right so it looks to me like that that section only currently applies to those for drugs met her one phenyl or cocaine and we're making it now apply to other drugs and creating a new Class D. felony for those other drugs that's the way that I'm reading it right now it's only it's only those for drugs and it's only Class B. felony we're creating something new for paraphernalia related to other drugs as what looks like to me. I was so you're correct about the yes Sir. Anyone wish to speak. Federally recognized. Members of the thank you governor I have been really hard to especially with the opioid crisis how we have begun to look at drug use as something not just of crime and we. Yeah. Please. And just today we voted on a bill that required of the locks on our some other drugs to be administered a made available to somebody who is going to be taken opioids even legal legally sold that say don't get caught up in something that's going to be that could possibly end up being against the law that is really good policy and some of the things that we have done have been really good policies all across the country people have decriminalize marijuana even with a lot of with a lot of prosecutors FOR a bill like this this does appear to me that now we're just taking everything rather than three or four things and putting them all into one big basket and I think this is going to catch some people in a way that we don't intend surely. So you know this is one of those things we have to make a hard choice the good part or the bad part and I don't I'd like to think that nobody needs to do this on purpose. But we need to turn the corner on drug use and think about this and a very different way because we have lost the drug war and this seems to be created more so that's why I'm against it and I at least I hope we would pause and get some better understanding. Thank you senator I understand the concerns with and that's to the section is more or less about drug usage and it's more about using the Drucker failing at to go away to reduce it in case your dealer so is that I mean the concern with most of the time you're about the drug war it's about punishing the people were using it versus I've always heard you still go after dealers there are counted them. That seems to be the intended this would you disagree have a different opinion about an. I know I I do think I do think that in lots of cases you're exactly right but even when somebody if somebody say grows a small amount of marijuana I think they'll I think they'll get caught up in this is what I'm saying since we have a lot to everything into one big pile when we struck out those specific ones and I surely that's not what the prosecutors or anybody else meant to do. Thank you. Oppose. I'm going to close. Center as. Members of for some different for some my colleagues I'm going to pull this bill down asked added to the calendar for Monday we're gonna get a couple of questions answered and I think we'll be okay. But either way I'm not asked to pull down today and put it on Mondays calendar. What bill of the. Last but not least. The first shall be last Senator Ballinger. Thank you Mr president if you were to ask me questions that really could be that the Bar Association transmitter this bill so. To adopt the uniform civil remedies for unauthorized disclosure for intimate images at. Thank you Mr president so this this bill essentially is that there's a a uniform code commission within the Arkansas Bar Association and what they'll do is they'll look and they'll see what kind of codes are going around the nation that is something that maybe we're missing in Arkansas this is one of those because it's a relatively new phenomena and it's basically if somebody's to disclosing particularly intimate images for whatever purpose whether its monetary or for you know to get back at somebody or whatever that it creates a potential civil action there's a there's a system set up within the the provisions that provides for the bringing of a civil action provides for private privacy of the plaintiff and you know it is something that's been vetted by the Bar Association and is fairly accepted common uniform code provision I will answer questions but I'm asking you not to ask me. Thank you for Senators close any objection role voting. I see no objection 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. Anyone wish to vote or change their vote. Cast about thirty three eight zero nine aids. The bill is passed return it to the house not the job care or want to tell you a big part of next week I'll be out of town or meeting and not that you care what you think in a lot of you. There's so much great responses that. The first president on the colleagues on Monday Senate rules going to meet at twelve forty five just for a few minutes before we come into the floor me to go over our confirmations and bring them to the full Senate body so twelve forty five on money from Senate rules thank you. Room three oh nine. Just a quick announcmenet insurance and commerce is going to meet right after we break up