State Agencies & Govt'l Affairs- House

Right. Page another committee. R. HJR ten twenty representative Miller. Is he is he is not here today he is he's done okay. All right of a J. R. ten twenty one representative dryers. Not a good day for them not a good day okay we'll move on to the regular agenda committee members of first item on today's agenda is house bill sixteen thirty seven representative all represented voter you here. Representative voted did you give permission of buying someone from the Senate in down here can I please have someone from the Senate and down here. Okay a representative voted senator garner you're recognized to present house bill sixteen thirty seven thank you so much Mister chairman thank you members committee if you've noticed that under the Pradhan by administration we Senate on unprecedented amount and executive orders clearly outpacing the prior one the fact in president Joe Biden's first day he released more executive orders than the for profit for presidents did in the first two weeks after today he's done more than any other. President had these have been for reaching subjects from sexual identity in our schools from border security in ending the wall two other very critical issues that deal with nonprofits receiving funds for abortions. These are very vital and controversial issues that we're dealing with that should be going to a legislative process unfortunately. We're seeing the bottom ministration try to roll with the pen. But to be fair this is becoming more of a problem for all federal executive branch in the last few years president trump use executive orders so did president Obama and president bush in the last twenty thirty years has been exponential growth and executive orders. What this bill does gives Arkansas and that mechanism in order to look at those taken of orders to see if their constitutional and what our role should be in dealing with those what this does is allow either joint budget during the session or a L. C. out of the session to come together to decide whether a executive order is something we should review if so they will actually put that executive order and a standing committee that covers that subject so was elections are going to state agencies in the Senate in if this help like health go to public health that's standing committee will meet and don't have discussions on that executive order bringing experts bring you witnesses have a testimony we also at that time to request an opinion on the constitutionality with the Attorney General now we can't mandate that he or she does that because as a separate constitutional office and you're running the separation of power issues but I can imagine if things go like we think so in twenty twenty two and beyond will have somebody favorable to our position and give us that from that spot one three see the report back we will be able to make a determination to either A. L. C. and budget and A. L. C. O. budget will meet and shall issue a report on what actions could be taken whether that's how they use state funding whether that's how we are going to handle that well there's joining lawsuits against this legislator and ability and formalizes a process to have an active say in executive orders have a deep and meaningful impact in the state of Arkansas and what that'll take any questions assuming representative Vaught don't have any. Any questions from committee members. Representative Jane you're recognized for a question. Thank you Cher senator garner I. Give your thought process. Because sometimes in sessions were very busy of council meets typically one week a month with a very low Little League the plate why did why did you do this or not maybe that attorney general review stuff and then bring recommendations to assess us doing all the leg work and the time that the A. L. C. slash joint budget I don't think will be the complicated part of the process will be more anything else is us coming together and saying all right we think this needs to be looked at the real work will be done to please like session at the standing committee they were simply recommended that executive order be reviewed it's a standing committee who will have the witnesses they will actually to hear testimony they will file the report with the staff they will be the one request with the Attorney General to review that so all of that to be done and then that final report will be handed back to A. L. C. your budget in order for them to make a determination at that time and if it's if it's not if it's no finding it can literally be we discussed this there's nothing to preserve heart proceed on here if not the real action at that point I'd like to have the whole body as much as representative at that time because they also you know it's kind of us when we're out of session joint budget does with the budget and money were in session so that's the avenues we picked to have the legislator as a whole be able to make a determination okay thank you. Representative Ladyman you're recognized for a question thank you Mr. central what is the attorney general's opinion I mean did you approach them with what's their feeling on this I know we've we've had some discussion with them I haven't heard any push back I ran this on the Senate in the chamber and on the in the committee and they they knew about it I never pushed back on so I will say there for this I think mob gut instinct there's they're neutral because they've never reached out to me anything about it is a optional choice whether he or she wants to do it so we were sent that request it just be like anything else like we send you know opinions to her right now all legislative we I can you give me your attorney general's opinion it be similar that what the more of a unified body soon and that and she or he would make the determination whether they want to review it. K. che no further questions from committee members No one signed up to speak for against the bill is anyone in the room that. Fail to sign up to. For speak for against the. Saying none. We have a motion do pass is there any discussion on the motion. J. none was will of the committee all in favor say aye. All opposed say no graduations representative all senator Gardner your bill has passed thank you Sir I just happen to be down here have a Senate vote to run real quick. What. Hello okay. It'll take a minute I guarantee which Watson what what bill Senate bill two eighty one hold on a minute. Committee members without objection of we're going to move Senate bill two eighty one up in the agenda saying no objection senator garner you're recognized to present Senate bill two eighty one thank you Mr chairman this came from the claims commission last session I passed a law that was supported by the house and Senate obviously with pretty good margins that in order for corporation to go from the claims commission they had to have an attorney the reason we did this is because it became an issue of who exactly represent the corporation was it the CEO was it you know the chairmen who was of entity that should be in front of them and a lot of them want hire an attorney but we passed that one of the things came up in debate was what about the small cases that really don't require attorney and me and the claims commission said if we find out to be a problem we will change the law back here in two thousand twenty one this is the change of requesting so you look it's for two thousand dollars or less and it's for uncontested claims and this is like refund of liquor license permit application fees are kind of procedural things we don't need to hire attorney they can just go up there and do it and cleaned Commission is by what this don't handle that process that'll take any questions. No. Should from committee members. Saying none saying no one signed up to speak for or against the bill fifty one an eligible to sign up. Seeing none representative Garner gimp motion presented you close with the bill yes Sir okay what's the pleasure I have a motion of a do pass all invaded discussion on the motion. Saying none all in favor say aye All opposed say no regulations the bill has passed. Committee members the next item on today's agenda is house bill thirteen seventy three. House bill thirteen. Seventy three. Representative Collins you're recognized to present your bill thank you Mr chair so this bill would ensure that we're training our nine one one operators who offer pre arrival instructions to callers in telephone CPR so what telephone CPR as if you're having a heart attack someone else called nine one one you're waiting for the ambulance need CPR the operator can walk the caller through doing compression only CPR on you the research shows that if this happens it can increase the chance of survival by two to three times so it's a significant impact for public health and it's significant benefit obviously in areas where telephone CPR is offered for every minute without this intervention the chances of survival after cardiac arrest decrease by about ten percent. the telephone CPR as is widely used in the state's not used everywhere but it's in many areas already what we're trying to do is help fill the gap so some of the areas which offer pre arrival instructions already don't do telephone CPR and so we're trying to fill this gap by training so that I did get some questions from some people it what about if there is already an EMT emergency medical dispatch training being done in your jurisdiction in that case you don't have to do any additional training because you're already doing telephone CPR so those are not impacted by this at all and if you don't do pre arrival instructions if you're just taking the call you're passing it along you're also not impacted by this at all this this is just a sign to raise our standards and up to a level that's going to help that save some lives. Fiscal impact is zero because we have free training modules that are out there and available that could be used to train people the department of public safety as indicated to me that they intend to also develop their own in house course so they'll have two different options that would be done at minimal cost there's no cost to the PSAT to tell the public safety answering point to take the course because it's done through a lead at the department of public safety there is language in here that if a private company wants to do the training the Department can charge its costs back which is standard for other training to do. been working with all the different agencies and groups on this language believe everybody is good department of public safety is not one one board the department of emergency management and the association of counties and I have also been joined by co sponsors I appreciate represent Cozart Lanny Fite Senator Bledsoe and Senator Rapert so again to me it's not a huge thing that we're doing as far as change we're just setting a floor that's going to help save lives again that's the two to three times higher chance of survival which is the main reason to read the bill so with that happy to take questions representative dodging you're recognized for a question thank you Mr chair representative Collins didn't this bill already come through here I didn't know he was on the agenda but I never present that so it looks so familiar thank you yeah. Any further questions from committee members. Saying none no one signed up to speak. For against the bills anyone in the audience had failed to sign up to speak for against saying none. I have a motion from representative Cozart I'm saving a motion is a. A do pass. Any discussion on the motion. Saying none. All in favor say aye All opposed say no regulation representative Colin your bill has passed thank. Two sixty nine representative Dotson. You're recognized present your bill. Thank you Mr members committee house bill thirteen sixty nine is a department of finance administration bill they asked me to present to you Basically what it does is it sets up a regulatory division with a regulatory administrator title within the department of finance and administration and moves the. what what this would do would maintain oversight of alcohol beverage control division the alcohol beverage control Enforcement Division. Arkansas tobacco control and the Arkansas racing commission the regulatory administrator would be technically a new position but there's already somebody in the role doing this this is more of a structural change of organizational after following transformation all these divisions were moved over to DFA and this is kind of more properly aligning them the regulatory administrator under this will be appointed by the governor work for the Secretary of the FNA and I think that kind of covers and if there's any questions. Also committee members for your information I should have it in front of you there is a fiscal impact statement in. To this bill you have any comments to make on that represented us at. I think it's zero. It's all right is there for your your your information by and I do have okay Hartman finance administration here as well to speak if there are any any questions okay we have a question representative Wardlaw you're recognized. Thank you so basically what you're creating that act couple questions were chairman they all lead together basically what you're creating as is is. The lack of better words this S. C. N. department because your button all the Gamelin now call it my reading this correctly represent Dotson that. At that might be an accurate assessment of the situation so by doing that are you given any of these people got notice or given law enforcement authority a walkie and they can do anything they want to basically anywhere in the state. Is is given many more party than they have today in a separate agencies let me let me let the if may and this is Mike Moore he he will be. Over this agency. And it is functionally there right now doing the role is just this is making it official the vice chair of the committee and also what role we have been government so we'd be able to make it so nope so noted thank you Mr chairman and committee members I'm Mike Morton regulatory administrator over the back of control alcohol control medical marijuana racing and gambling this this bill simply reorganizes those entities we have absolutely no more authority no more scope of work by passing this bill is stamps simply a reorganization. Mr help follow the yes so are you going to keep the officers and inspectors that you have the day just moving over to a different department or we consolidating down to a smaller number of of the said people right now we're moving all into one department we're going to do some cross training where both can do tobacco inspections inspections both can do alcohol inspections and the medical marijuana group can can go ahead and and do their inspections along with the Amendment ninety eight I was at the man's alcohol beverage control do that we've spoken with the Secretary cook state police public safety spoken with the Scott Bradlee with Arkansas sheriff's association they all support this bill they understand sister reorganization. Mr I'll go into queue behind someone else. Thank you another question of who it is to. The representative Dotson you have a past of not being for certain bills that create more regulatory. This somewhat looks like it's more can you. Tell me if the if in your opinion is this more or less. At in my opinion it's it it it's kind of a reshuffling of the deck I don't know that it's more or less it it's not adding any new positions. Functionally they're already operating under this this type of a structure. But unofficially so this makes it official what their actual operations are in making it under transformation. In statute. More a hundred image want to go the Arkansas bed ABC is that still are they still call the alcoholic beverage control agents or is that is that the name change in the. yes Sir currently there call alcohol beverage control agents in our an Arkansas tobacco agents but I think eventually if this passes because of Arkansas regulatory agencies that way they'll be no confusion on whether there to do an alcohol inspection or tobacco inspection or medical marijuana inspection was that the language you. So is that the language you use in the bill or are you using the Jocara maybe see in your language in the bill are you referred to him as a new title you plan on using in the future. Well we'll still have a active alcoholic beverage control division so I'm not sure if I understand the question I don't I don't think there will be issues My question are they still currently today are they used to have a BC Division yes Sir do you plan on a name change no Sir. We were operating under the Arkansas regulatory division okay so they'll remain the ABC yes okay now that they've been divided up into state for some reason we have a northern group and this other group is supervised by two different into vigils. Our our our agents right now are working to back and alcohol issues and the northern part of the state in the southern part of the state based on where they live. Okay. Representative Ladyman you're recognized for a question. Thank you Mr hello this is relevant or not but it says is creating a new position what's the training it is a state police. Of they get training in law enforcement that required by this new position. which division position to talk about it so is the where is it. This is a new acquisition is. Shall be appointed from the current rate treatments there the regulatory. Serves at the pleasure of the governor. It's a new position okay training form. I'm not sure what the training requirement is for the for that person that is me at this time and I am a certified law enforcement officer a former sheriff of Boone County and continues to be trained periodically the annual training yeah my concern is not with you but is that a requirement for fugitive Ladyman you have a follow up question yes I do thank you Mr is that also for future I mean is it a requirement of the position I don't believe I see that the bill no Sir okay thank you. What I hate to belabor the issue but I I need clarification on this. I'm looking at two years and the language that you use in this bill. Is a you're not represent the A. B. C. I don't see that or maybe I missed it your call is under another title but you tell me the A. B. C. is still the division that currently exist and will into the future. So it. Hey you know I I guess I just wanna make sure that we're clear and then the and maybe it maybe I'm not understanding it but I think it's extremely important that we make sure that we're dealing with legislation as the proper language in it And refers to the agencies in the correct name can you verify that that's what we're doing that this time. Yes I believe if you look on page two line eight. It says will maintain oversight of the regulatory division which shall consist of the alcohol beverage control division the alcohol beverage control enforcement alcohol beverage control in the Arkansas racing commission. Mr chairman may if your call during transformation I'm not sure if all these were. I forget the exact. Three before but. Some of these if not all of them were moved into the FNA or under the FNA and so the the the ABC Division the tobacco control racing commission all those under transformation removed over into DFA and they're they're in that body this is simply putting in a regulatory division that oversees all those in the regulatory division as I understand it is one person. the regulatory administrator who. Basically the heading and the the the person that all of these organizations are all these divisions will report to rather than directly to the Secretary they'll report to the regulatory division administrator regulatory administrator I guess is what is termed okay thank you representative Dotson said no further questions from a representative Wardlaw you're recognized for a question. I'm just wondering I mean I see this is kind of a small transformation bill are we looking at the same thing we just went through that audit just testified to us that we're going to save all this money but there's really no savings we're going to cut employees but raise salaries I mean what what are we actually doing here and and I I can ask that will not officers but it really get a clear answer so what what we do and what is the what is the savings or what is the great new thing to doing this of if you look at the fiscal impact there as far as definite fiscal impact on this there is no revenue impact obviously Mister Morris already hired and kind of overseeing all these entities within the FAA this is more vote formally. Moving at all Re organisation re organizing the the structure. Formally in law but that actual application of it is already in a in effect as I understand it. At least that's the intent of the goal. I don't know if there's any additional savings. Okay representative Dotson They said no further questions from committee members no one signed up. Well Mister by more you're signed up to speak for the bill which I think you've already spoken for the bill correct twelve dollars yes. no one signed up to speak against the bill or anyone else for the bill. Representative Dotson are you ready to close for you bill I'll close all move do pass okay committee members representative does is close to the building he's made a motion of a do pass is there any discussion on the motion. Say none all in favor say aye. All opposed say no. The Bill pass is. C. one hand I need to. For a roll call. Hello C. one hundred no roll call representative dodging your bill passes thank you Mr. In a move on the seventeen twenty. Yes committee members will now hear house bill. Seventeen twenty. You're recognized to present your bill. Thank you Mr chair house bill seventeen twenty if. I'll try to go through this very quickly if you recall couple years ago we created a a system whereby rules that had to be promulgated after a regular support or special session had to be promulgated and put into effect by January first of the following year or the agencies that were responsible for promulgating those rules had to begin coming in appearing before the rules of subcommittee on a monthly basis and giving a report on the status update of where those were at that created a little bit of a bottle neck toward the end of the year trying to get those all done. And there's also so not total clarity on what constituted a rule that needed to come before A. L. C. for that report so what this is an effort to do worked with the governor's office and bill are to try to create some kind of streamline that process a little bit there's a couple of issues one if a if rules under a statute was under active litigation did they actually need to come and give that report and so what this bill does is it says that if it's under subject to litigation they don't have to do that this also have bill are create a a file of what we anticipate the rules are that that need to be promulgated after session and rather than making it by January one of the year following it'll be June first of the following year where they have to begin appearing monthly before us Prior to that though they will still have to be able to send a report each month of the status update so we'll still continue to get a status update but the The walk of shame will not begin for six months later so give them an extra six months in order to make sure and try to get those rules promulgated in system I believe that pretty much covers all of it be more happy to answer any questions. Okay any questions from committee members. Say none no one signed up to speak for against the bill representative dodging you're recognized close we will close moved to pass. My pleasure dodging close the bill have a motion of do pass any discussion on the motion saying none all in favor say aye All opposed say no congratulations your bill is passed representative Roger Lynch are you in the room yes Sir you're recognized president house bill seventeen twelve. Well good afternoon I know let's get late. I want to I had this brought to me by the HVACR licensing board they lack the insert one line. In their powers and duties and if you'd like I'll go through what they currently do so you have an idea of what they're responsible for. They adopt the mechanical codes standards for the conduct of HVAC are working that's heating ventilation air conditioning and refrigeration. They conduct hearings on all matters relating to the licensing and inspection of HVAC our work. They established HVAC Ark Code inspection programs. They review all applications are examination for class A. B. C. D. E. and L. license. Established by bore regulation a minimum level of general liability insurance coverage for a license. And establish proper these for the proper administration of the requirements of this chapter. So what they've asked for. Is a rule change allowing them to establish a minimum level of continuing education this rule is enjoyed bass seventeen other boards in the state and the they see our HVACR licensing board would like to help. That line. That rule added to their. Powers and duties and I'll be happy to take any questions. A committee members you thirty Roger representative Lynch's presentation are there any questions. Say none no one signed up to speak for against the bills anyone in the audience who failed to sign up to which speak for against saying none. Who's got a question. Okay. We have a motion in the the what your motion. I have a motion to pass any discussion on the motion of do pass Shane none all in favor say aye All opposed say no graduates your bill is passed thank you. The representative gene you're recognized to present Senate bill three oh five. Okay four hundred so you have four hundred hold on I got the next three or four. You guys senate bill four hundred for Flippo okay. The I'm sorry revenge being held up just second. Representative Holcomb you do your your rep running three oh five for Caldwell okay take seat in favor. Representative Holcomb you're recognized president Senate bill throw five if you would to. Have you guessed judge in the table defy them sales for the record. Thank you miss your committee I have Brandon Ellison who is the county judge in Polk County is also the president county judge association of. Per share each year are you a are you rated me go ahead present. You yes you're ready to present okay Senate bill through five is very simple bill it just a you know with the with the inflation the way it's going by a few years it just increases a bit threshold of construction projects from thirty five thousand fifty thousand for states cities counties and schools it increases civil engineer threat show from twenty five thousand to fifty thousand for construction project for the state city counties and schools it creates emergency clause without proper documentation requirements as per legislative audit's exist Senate commodity's NO services it will bring into harmony the the alignment of the fifty thousand bid for the city counties and schools in public works construction projects and fifty thousand the civil engineering threats or public works construction projects at fifty thousand and the existing contractor's license ratio that fifty thousand so the bill is sport is of course by cities by counties by schools state agencies the associated general contractors is neutral on it where they were and twenty seventeen and this will actually promote efficiency and time and money so sometimes of a project that requires a formal bid can be held up for six or seven weeks for procurement and then not be successful so anyway with that we'll be glad to answer any questions you have any. The members heard a presentation any questions. Representative dodging you're recognized. Thank you Mr chair so this would require this would allow for cities municipalities schools everybody that you just mentioned within here. If the if the project is forty nine thousand nine hundred ninety nine dollars or less they don't have to build it out. And they can just wanna take over they want to do currently currently is thirty five thousand so this with this the fifty thousand it would allow me to do that to go to fifty thousand without right yes Sir I mean and given an extra fifteen thousand dollars to build. Right right and if you built anything lately you can embed a good mental bill of fifty thousand dollars and forty four concrete so it's not it's not much of an increase but. Right thank you thank you. Representative love you're recognized for a question. Thank you Mr representative Holcomb in and bring in this I was wondering because I've been in in procurement is is a common practice usually did even though you you don't get it out to get in these two to three B. it's just to get to see what or the market is that. I'm more and if you say I'm Brandon Nelson on the county judge from Polk County POL K. and present the county judges association representative love in response to that obviously this bill would not keep us from doing those things it does not require it but you know kind of the problem we have particularly in rural parts of the county which is most of us is even getting betters and when you're talking about a bid on a right now say eight thirty four thousand dollar job get an engineer even interested in it is hard takes lot of time and when you do get that and get a scope of work and and build it out six or seven weeks publication bill opening pre pre bid meetings all that if you do get a better it's likely to be a single bidder who is just out there trying to hit a home run or something and it's just a time thing so there would be nothing wrong with us so we had a job this bill passed we are job forty nine thousand your big nothing to keep us from going to some local people that we know when trust we know their work who wouldn't jump through the hoops of a formal bid process in in get two or three bills from them just wanna be the formal process. You should have no further questions so. Representative Payton. Thank you Mr I'm just going by memory and I'd like for you to correct me here help me but didn't we just raises two years ago to twenty five thousand dollars what was it before that in. Ifill okay. Okay. I've I've we I we ask for this in twenty seventeen and I believe I'm correct on that we ask for this fifty thousand twenty seventeen it was moved thirty five and and if we if we got all this at the same time we would you know what they're case kind of confusing look at twenty five and thirty five and then there's fifty so we're trying to get all these and allow me a lot a lot simpler that's I thank is where that came from thank you Mr. Representative Ladyman you're recognized thank you Mr represent Holcomb I didn't on a bill similar to this not saying bill but the problem was the engineers support some were opposed to it but you just said that the contractors and engineers are okay with this bill they're they're neutral on it at least a store I got for the services of Arkansas counties and I'm no one's called me in opposition to the bill. Or senator Caldwell. So the county you're recognized representative Ladyman. Thank you Mr so the counties did passes by the association of contractors they're okay with I wish I was yes they did add an item with more told lab was one of the things we talk about when we were talking by presenting the bill or thank you. Richmond you're recognized. Thank you. Okay any further questions from committee members. No one signed up to speak for against well we have one signed up to speak for but I believe you're attended table Mr Ellison's accurate yes Sir you've already spoken yes Sir okay hi gene NO one else signed up to speak for against anyone in the audience that didn't sign up that will speak for against saying none. Representative Holcomb are you ready to close to your bill I'm closed Mr chairman I appreciate your time would ask for a yes vote please okay we already have a motion done member who made it to have a motion of a do pass from not represent your Richmond have a motion of a do pass any discussion on the motion. Representative dodging you're recognized recognized for discussion on the motion thank you Mr chair that I'm I'm just opposed to the the bill because it's not doesn't allow for continued transparency in bidding of stuff under fifty thousand I mean I understand the twenty five and thirty five at various points but this is raising that threshold and so course I was supposed to represent legends bill a couple years ago so I wanna be consistent thank you. K. any public discussion member representative Ladyman you're recognized for discussion on the motion. well I I I'm for the bill I I believe I think somebody mentioned you came by metal building up you know it's been awhile since this is changed and a lot of things that you can't buy for the current numbers so I think it's time increases. I'm for it. K. any further discussion on the motion. Hey none all in favor say aye. Rinpoche NO. Legislation refuge program your bill is passed. Representative junior. I'll try not to vote yes this time I apologize. But you're going to present senate bill four hundred and for. Senator Flippo is that correct thank you will have the all right you're recognized president senate bill four hundred. Thank you Mr chairman committee this very simple bill it's just cleaned up on a procurement when you have a bed right now it just says fourteen days after awarded this will be fourteen days after a specific calendar date that a protest could be on a a bit of a procurement that's all that does any questions. So any questions from committee members. J. none no one signed up to speak for against the bill in one in a room that didn't sign that will speak for against saying none. Representative did you did you say your clothes for clothes and you also made a motion of a do pass Asian on the motion saying none all in favor say aye All opposed say no graduation bill is passed now you're recognized president Senate bill four one thank you Mr chairman committees this is a clean up bill what was done on this bill is the procurement law there was a technical change it referred to code on your first paragraph for second paragraph of the first page nineteen eleven dash one oh six it should have been nineteen dash eleven two sixty five that's all this bill does any questions from committee members. Say none no one signed up to speak for against the bill representative gene are you ready hello to you have you own I make a motion do pass have a motion of do pass any discussion on the motion saying none all in favor say aye All opposed say no congradulations representative gene your bill is passed use or present house bill seventeen thirty yes Sir but you're recognized. Thank you Mr chairman members is house bill seventeen thirty this is the secretary of state its the we right now have a of arching ground Commission is ten members the governor designate secretary state or his designate Director of the Arkansas historical preservation secretary department of parks and tourism a Lassen as landscape architect a licensed architect two sentences at large a member appointed by the proteam of the Speaker of the house they are there to oversee the grounds in this is not have anything to do with monuments is just the grounds of the and BLR confirmed it for me one thing it does changes that the terms of the members at the secretary of state a point used to be a four year term is now his pleasure. And it also kind of gets the we've had problems in the past with the capital zoning district of it gets us the we do not have to consent consent with them or anything that we do on the cap program since we're in that zone and also the commission may promulgate rules of. Under this subdivision and it would forfeit a go to the rules and rags any questions that's what the bill does any questions from committee members. Say none no one signed up to speak for against the bill representative representative junior year at ready to close for your bill how close I ask for do pass on a motion of the do pass any discussion on the motion saying none all in favor say aye All opposed say no regulations your bill is passed thank you Mr chairman thank you member of the committee thank you representative Bentley are you in the room all you're going to run about that tried. Five the representative Richmond your record recognize run house bill fourteen forty four. Representative Bentley. Thank you Mr chair. House Bill fourteen forty four is Going to repeal the adopt a document program in two thousand thirteen ACT five thirty three established and adopt a document program for the Commissioner of State Land. ten fifty one H. B. ten fifty one established appropriation payable from cash fund an amount of two hundred fifty thousand dollars for the adopt a document program. Since that time a grand total of zero individuals have expressed any interest in the program. In twenty twenty one H. B. eleven eighty two the budget bill eliminated appropriation for the program and so apparently there's no need for this program and therefore it's been ask that we can repeal it. I'll take any questions if anybody has any questions okay any questions from committee members. Let me have a question okay. I have represented the written Richmond are you you ready close we bill yes Mister chair I I know that this is an emotional. Issue that you have all these documents that did not find a permanent home and was unable to be adopted but you know I think we can move past and possibly you know maybe a foster document program in the future anyway is that a motion as a motion to pass the Senate cannot open more you wish us open that's where you were going to get there pretty quick but anyways we have a motion to pass to the discussion on the motion singing none all in favor. When anybody signed the people against the odds all in favor say aye All opposed say no congradulations representative Richmond a bill is passed committee members. that completes the regular agenda we're going to go back up to the top of the agenda and Representative love your first on the agenda and I'd go to college or early I know you had another meeting to go to and you tell me about it so I appreciate that you're recognized to present H. J. R.. One thousand seven committee members will have to these are the last two Constitutional amendments we're going to hear and that will complete that representative love you're recognized. Thank you Mr chair Committee. H. E. R. one thousand seven may look familiar he looks familiar because back in twenty thirteen we passed out of amendment out of here H. J. R. one thousand nine. With which was an ethics bill and within the ethics bill. What we did is we established a citizens committee for to to do our salaries into the elected official salaries in so that bill is really what constitutes H. J. R. one thousand seven. This bill passed unanimously. once we referred to the people the only difference in H. A. R. one thousand nine and one thousand seven is this is that it deals with the minimum wage. The minute the minimum wage as you know last year was referred are two years ago was referred out to the people in overwhelmingly passed when I will I will aim to do with this constitutional amendment is amended out as referred out to the people. And allow them to have the same privileges that us as elected officials have which is to provide a mechanism in which they can participate in the raising of the minimum wage. As I said as you know last time this initiative was sent out to the to the people in overwhelmingly passed and this will provide a mechanism for our citizens to actually have input on the minimum wage. I see this bill is one in which number one if you look back on the increase in the minimum wage before we increase the minimum wage or before the initiated act was was passed the minimum wage had not been hi Justin in multiple years. And so with this this allows for citizens to be involved number one but also to have a say in which. Do we do they want to actually increase the minimum wage should stay the same but it provides some input the only the the second difference in the citizens commission because it does the same thing and it's it's actually it will be constituted the same way our our our commission is is that they're only they will only meet once every two years to look at the minimum wage to see if it needs to be adjusted. As you know if the commission decides that they don't want to just it then they won't they won't be adjusted for or for that two year or that by and cycle so it's set up to for the for the commission to me every two years to discuss the minimum wage and that's what this that that's what this piece of legislation does and I'll be opening any any questions we had a question representative Payton you're recognized. Thank you Mr I think a couple of questions but shall the first one would be. If this were to pass. Would it prohibit the the Initiated active by the people to sign a petition and raise the minimum wage like it was done two years ago when you provision no Sir it wouldn't but I don't think that that mechanism would actually be necessary because then the citizens have date and they can have their input on this but I would still have the ability to they will have the they have the ability to have input but number two I think the thing that really that really happened was a joy to our economy and we saw the the the difference is in the business community center when you mean hold up we cannot adjust to to the minimum wage because it went from I think nine twenty five to eleven dollars a week from eight fifty to a I live in dollars I think. By providing the citizens this input it allows for the minimum wage if they feel that's necessary to adjust it will adjust in it also provides a mechanism for us to gradually increase the minimum wage I have a follow up. Recognized that's a good segue to my other question you're talking about they give us this commission the authority to adjust but it only gives of the thirty day just one direction the language of this proposal only allows them to increase it that commission would not have the authority to decrease the minimum wage I wouldn't now Representative I will say this. If the the citizens did not want to if they want to not adjust the minimum wage when I when we pass I think that this mechanism just allows for a for the citizens to be involved because the citizens may say you know two years saying it's not necessary that we increase the minimum wage in SO if it's not necessary in my point is it doesn't allow the citizens to be involved if they want to lower the minimum wage because the language in the proposal. The only authority to any is it does it only gives you then thirteen the increase it or it can stay the same thank you thank you Mr. In the in a further questions from committee members. Saying none. No one signed up to speak for against the bill representative of the you have any closing remarks you like to make well I will say this Committee as you know this this act passed overwhelmingly for us I think that this allows for the citizens to get involved in setting the minimum wage as you know this the commission works for us I think this commission or for the people and I would appreciate a good vote. Thank you representative eleven next up is Representative flowers still there your. The Committee make many members this be the last constitutional amendment we have For today and also the last one that will be hearing so I'm sure representative flowers would say we've saved the best the lead I was asked about to same password. Mr. Okay thank you recognized to present ACA or ten twenty one. You so much. So I first want to thank so many of you for signing on as co sponsors to this house right resolution. It is something that came to mind I ran it actually couple years ago and have learned quite a bit since then The support level this year has increased tremendously. It's more significantly bipartisan for sure. And one of the things that I did differently this year because I came to this through watching a documentary and learning that there was an exception to slavery in our federal and state constitution and that of many other states but not all. I I I felt of I didn't I felt like it was very much an issue that was not associated with our penal system because. The resources tied to paying inmates was that of a legislative role and I have to tell you that since then the focus has shifted as I've learned a great deal more and actually had a chance to sit down and talk with us several officials with ATC I've also engage the governor's office had a conversation with the prosecutors association as well as the attorney general's office and I can tell you that there is absolutely no opposition to this bill and so what I'd like to do is to share a little bit of information with you I I believe you there some handouts I don't know if you receive them yes okay good and you can take a Gander at it later but I would just point you to the wikipedia printout and what that'll show you are the list of states. That also have this exception but I think more importantly. The number of states that do not have it which would be on page three of four. And the thing that's important to note is that in that in a conversation or consideration about states that pay their inmates one of the things I learned as most of the states pay inmates somewhere around seven or eight cents and it ends up being a wash because those states require those inmates to pay for some of the basic ness necessity is that in Arkansas we actually provide and one of the things that I think that is changed about my mindset as it relates to this is not only is this a huge issue as it relates to our guiding principles our state constitution that which we have sworn to uphold but it also I think if we reflect on what has happened in other states that have this exception in their constitution we've seen many outbreaks of protest and Of violence because what what that exception does. Is it defines for those states that included that the penal system is a system of enslavement. And so I would say to you and then ask for a couple of folks who have come here to speak on this very briefly. Is that the you know I'm proposing this so that we can. Clean up our state constitution and I think that many of members and our body signed on to this as well as the other chamber. Because many folks didn't even know that there was such an exception. And I think that the the other hand out and you can read it later just tells you about the history and how we even came to create an exception but that is not who we are anymore. I don't believe that's who we are but for anyone who is sentenced to punishment. Who knows they know they talk about this as being an exception and being characterized as being enslaved so anyone who believes that that's not who we are and that that should not be contained in our state constitution I ask you to very seriously consider this is one of the three Constitutional amendments that we refer out and if I could ask your indulgence Mister chair may I ask for the two gentleman who are here today to come speak briefly one is Mr Kalinin seeing he's the community organizer for two cars rate and the other is professor on free Cummins who is a ball in law professor. Yes representative will you have a boat listed to speak for the bill and they can back to what you do you need an extra chair do not move already wanted one right there. Okay. We can stay semi socially distance gentlemen thank you both for being here today to speak for this bill if you would just. Ballinger microphone there and trying to be internet alone and the I guess we'll start the. It is either one of you did five U. SEC for the committee. My name is killing not saying. First of all I would like to thank you guys this committee for allowing me the opportunity to speak here today my name is claim not saying. And I'm I'm in support of house joint resolution ten twenty one this is an important resolution because it speaks of the atrocities of slavery and high is not a relic of our patience this resolution gives us a chance to repeal the state of Arkansas forward by school may except exception language from the state constitution the legal lass the practice of slavery. I present myself before you today. Not as an expert on the state constitution or and historian to explain how we got here. I come as a citizen of the great state of Arkansas who has legal the experience of being a legal last late. When I was a juvenile I committed a crime and was sentenced to life without parole in the Arkansas department of correction ultimately I serve twenty eight year olds in eleven months of that sentence and I'm not and not a day pay is that I wasn't reminded of my status as a legal last late. The same. You saying summing. There is a citizen of this state. We are here on in the twenty first century still discussing and debating the ugly. Stain of slavery. That is on the fabric of this state. I would not I would not offer any statistics on how mass incarceration legal last slavery disproportionately affects blacks and and people of color or the history of the lands to the current institutions are built on. All this information we can find by googling it. However I would like to share with you a part of my story for I know what it feels like on a motion mental and psychological level to be a legal last late. As previously stated. For twenty eight years of my incarceration. Me and all this did manual labor within the Arkansas department of correction without receiving in a monetary compensation. There were work assignments range from picking cotton. To even raise and all those kids. The practice of slavery was and is exploring in this day applications throughout the Arkansas department of correction. I went to prison in nineteen nineteen and upon my reception I was totally dehumanized by been required to strip. In front of audits I was eighteen years old and had no I deal what I was about to experience. So at this point I like to do you just kind of go back in in my memory. About the first day that I came to prison. I can remember ran down these long third roles in this for fact it's the only thing I've seen this cotton feels. And as we roll down the road. In the four distance I seen the spot despite the needs fills in as we got closer to the institution. It dawned on me that the spots will assume and being. And that was white of a gas and also black gas the needs feels. In. Yes I looked over the three is also saying what what they call holds why riders on horses which I don't. In all of the rattles was white. Pushing these guys down the field these cotton fields picking cotton. In in that moment I see it I said to myself because I can remember as a child watching the movie roots and I said to myself in the skews my language but I I I I got to tell you what I thought I'm like damn a gap. Because I knew in that moment I was a slave. So. I have a love the store that I want to share with you guys but since we price retirement I know yet you guys been here all day I swear yeah how that one now. But the slave coast of the past are still relevant today. If you are not willing to work a work assignment for free you are punished with the the physical or psychological punishment this may vary from physical assault to being placed in solitary confinement. And it's not uncommon to receive both. We must also keep in mind that the word inmate has been. Is now because synonymous with slave in the past it was a grant to teach ways to read or write today this administration has outlaw books and educational programs. Instead of having an open market slave block they may slate to dating. R. E. value what evaluated every thirty days by a process called classified classification to ascertain what work assignment free work assignment that will be given. Respect and dignity I outlaw by the by laws of the Arkansas because department of correction would teaches which teaches all of those not to a stand human dignity toward those who are incarcerated they are in care is not to stand respect by addressing individuals as Sir and ma'am these all the small examples of how the system of slavery terminates within our current penal system today is a day to address these issues and that is why I support house joint resolution ten twenty one with six to abolish this section will. In the Arkansas state constitution. If we pride ourselves on being in a civilized society then I feel that we must not be a practice and turn it now he is. In close I would like to share on a quote from Frances Harper pole. We are all bound up together. We all build up together in one great bundle humanity. A society cannot trample all the week is that vehicle is owned by all members without receiving the curves on its own so thank you Paula allow me to share. Thank you statement Sir we appreciate it Mr Cummins emblems that correct yes you have statement you'd like to make I do thank you you're recognized my name is Andre Cummings I'm a law professor at the university of Arkansas at Little Rock William H. Bowen School of Law Mr chairman and committee members it's I'm very happy to be with each of you here today I wanted to be give um begin my remarks by just suggesting that I'm very proud to know Kaleem nineteen and the United States Supreme Court decided that it was unconstitutional several years ago to to sentence a juvenile to life in prison which is why claim is with us now and I'm proud that he is in the system. It has produced this man allowed of him to rehabilitate so I'm proud to be here with him today and representative flowers speaking on behalf of this house joint resolution. I am a law professor and I promise that my remarks will be brief and I'm sure that many of your the thinking that those two don't go together law professors and brevity but I will be brief today. Our nation has a harsh and dispiriting history with slavery and its aftermath the thirteenth amendment as everyone knows was a watershed moment in our country's history where following the great Emancipation Proclamation by Abraham Lincoln Congress two years later passed with a two thirds majority as required the thirteenth amendment this was in eighteen sixty five with the requisite number of states and that senior ratifying the amendment the amendment states neither slavery nor involuntary servitude comma except as a punishment for crime where of the party shall have been duly convicted comma shall exist within the United States or any place subject to their jurisdiction and we're here today about that punishment clause that common except as punishment for crime where of the party shall have been duly convicted legal historians mostly agree that this amendment outlawed chattel slavery completely an involuntary and outlawed involuntary servitude except as punishment for a crime the legislative history and I think this is important supports the view that in eighteen sixty five for many states forced labor was important in order to build roads engage in the kind of menial labor that needed to be done to build the state's infrastructure and so in eighteen sixty five it's our committee legal historians believe that this except as punishment for a crime was a necessity in order to continue to build the states and labor. As most of you likely know though many southern states took this loophole if you will in outlawing slavery to begin to enacted the horrendous black codes and the convict leasing system the black codes as most of you know included making meaning of unimportant crimes not not even crimes vagrancy loitering unemployment became crimes but only enforced against black men and they became in presentable crimes the black codes were horrendous way to reenact slavery in many southern states and then the convict leasing system then allowed states to take those wrongly incarcerated black men and loan them out and for the state to receive payment for mines and lumber mills and others to and to force these these men that were in prison for loitering and for vagrancy in for unemployment to actually engage in ghastly work that in many times legal historians agree with even worse than the treatment they received under slavery. So so one of the pieces of evidence that supports that this idea that black codes and convict leasing were not supposed to be to come or be the fruits of this punishment clause is that many central and northern states representatives were aghast to see that this loophole was being used to Reince leave black Americans the time has come to remove the punishment clause from the Arkansas constitution and in my view from the US constitution as well but that's another matter to be taken up on the federal level in twenty twenty one states no longer need this force to force individuals into labor for public works there's no need for it and the punishment clause has allowed slavery and involuntary servitude to persist among a certain class of individuals in our nation and that class is prisoners and as most of you know we imprisoned disproportionately black and brown Americans in this country. For those prisoners that are forced into unpaid or low paid labor this has devastating consequences on the prisoners themselves as Colleen has indicated and on the prisoners families. The punishment clause allows the state to force prisoners to work with no pay or low pay and. It makes it so that their families have to send prisoners the money to purchase commissary items to communicate with their families by telephone and video these economic consequences are devastating to the prisoners and to the prisoners families who are often poor and in no position to be sending their hard earned money to the prisoners for things like commissary items and to communicate so in conclusion was that brief in conclusion I am by. Revenge in conclusion I invite each of you to imagine a world where Arkansas strikes the punishment clause from our thirteenth amendment imagine a state that pays prisoners a minimum wage for their work allowing them the ability to purchase the bare necessities for themselves from commissary and perhaps even send home a little bit of money for support of their children imagine a world or our state where prisoners had home to rehabilitate with the small bank account that will enable them to get on their feet with a fresh start I am I urge you to imagine this better world in supporting house joint resolution ten twenty one. Okay thank you counselor that show no one signed up to speak for the bill if you would do if you could change itself from the under the table at this time. We also have signed up to speak against the bill and the. St Paul Calvert you're recognized to go the in the table speak against the bill. Yes. Thank you may my name is Paul Calvert the correction for the record my Clark just advised we're not speak for against the bill say I'm going to speak on the bill that has not my mistake I want to clear that up you're recognized yes Sir thank you so much as Paul Calvert Vivian flowers asked me if I would look at this and and. And consider speaking on the bill and so and so this is an interest this is an issue that I really am interested in and so. Some of you have maybe read the book lame is a raw it's a novel by Victor Hugo it's a very popular story about the man John voshon and I think Victor Hugo was was frustrated with the French government because. Apparently they were putting people in prison very much like the professor was talking about where they would take someone who committed a relatively petty crime and imprison them for it insanely long periods of time and use the mislabeling ever he was a John because John was a galley slave in the story and he was sentenced to I think five years in prison because he stole over bread. I think you have and be on to the time but but in the story he was starving and his his I think his sister and their children are starving but the it just illustrated the injustice and just basically the wickedness of the French government because they were enslaving people and using them as state labor When they committed minor crimes the need to be held accountable for but the the the penalty was so incredibly harsh and it that it was it was a sense in the sense that cash cow for the for the government in France and and I I think this this this story of of of limits rocket never read it it's it's really a pretty cool story if you like details you might get the abridged version if you don't like the details of it I think it may be several thousand pages long but It really is a neat story but it illustrates I think the the the the wickedness of of the government there that they they found an opportunity to get some free labor and and and they were cashing in on it and I I just think it's awful and I I I really don't want our government to to have that ability I'd I'd I don't and I I. I dislike the prison system anyway I think it's it's on principle no different than slavery although I think it is very appropriate to hold people accountable I think it's oftentimes a counter productive way of doing it and I'm not going to offer any solutions to that to alternative solutions that about for that this time but I I think it's one of those things that it. It it's it's a dangerous thing. To allow the state to profit off of crime and and I hope you appreciate my comments are in a I appreciate you reaching out to you on that issue. A committee any questions for Mr Calvert. Okay saying nine thank you Sir for your testimony singing NO one else signed up to speak of on the bills or anybody in the audience who would like to speak for the bill or against the bill. Okay saying nine representative would you like to make any comment closing comments thank you very briefly I didn't point out earlier and I want to make it clear that Adopting this Proposed constitutional amendment would not have any legal impact in terms of the state being required to pay a inmates as a matter of fact one of the things that I learned is that The state of Arkansas could pay its inmates today. And If I think you know you've heard different perspectives today and you may be sitting there thinking. You know we don't in slave people they're they're punished and that's actually the conversation I had with the department of corrections. And but no matter where you sit you know you've heard the perspective of someone who went through it at a very young age you've heard the prospective you know of a professor. You've heard their prospective. An expert on French culture literature literature. but coming from diff different political perspectives and we I think we could talk about this all day but the thing that I want to leave you with is that no matter where you sit on this issue the bottom line is that our state. Language in our state constitution is what characterizes our prisons as in sleep meant. And the only way to change that is to change it. I think we can't go any further in our state and have a real meaningful conversation about prison reform about investing more in re entry. you know and I had a call when I was talking to Dexter. Director dexter Payne he said you know a lot of these guys a fire survey them today they would want good time. As opposed to a check you know knowing how much they would get. So even when we think about remuneration people for their labor it doesn't have to be in the form of funds that we may not have there are ways that we could change our mindset. And then change our policy to use some of these tools like good time to incentivize work to incentivize Education to incentivize good behavior so that we could positively impact what we see now is a big recidivism problem and the amount with the amount of money that we spend in our prisons and what is happening to our human capital in Arkansas has not been you know different from many other states that have involved into this mass incarceration machine I just think that we have to start by humanizing all our Kansans even those who've made mistakes and we all know here that most of the people in prison are not killers and rapists most people imprisoned got caught up in selling it doing and the combination of both with drugs we know that so I just would ask you to think about how you have the power to make a change and make a difference and how we characterize our Kansans and if we really believe in second chances and if we really believe in a life and humanity and family we can start by changing our guiding principles in a way that we see ourselves and that we want others to see us as well as those who are in prison if we want them to believe and understand that this is a punishment but that we're committed to rehabilitation and re entry let's start by changing our constitution I thank you so much for your attentiveness and staying here for this. Representative flowers and of J. no questions committee members that's going to conclude today's meeting just before you leave I want to make this pretty pronouncement that concludes a constitutional amendments what I would do a lot for you to do added our Clark here she's going to send out I believe most of the constitutional amendments that we hired several is on that list that we never heard of that we're sure there may just have been made to do near sir I will have those the ones that actually came before this committee and made a presentation some question with that she's going to try to email it to you tomorrow once you get that what I would love for you to do is look it over if you've got one that you favor two or three circle men and notify of notify probably Maddie then sure put the list together notify may be so That's what we're going to handle it and I really appreciate all of you stay late thank you representative flowers it stands to the end and this meeting is adjourned. What they got.