State Agencies & Govt'l Affairs-Senate

Don't. Okay would. Okay. The deal give me shout. Jerseys quorum. And thank you all for being here and we're gonna try to move expeditiously members I do want to recognize Marty Garrity briefly she has an update from a discussion held today with leadership and with chairs of other state agencies you're recognized thank you Mister chairman Gary with the pure of Legislative Research S. Senator Rapert mentioned it just an update on redistricting and receiving of the census data as many of you have probably heard we do not expect to receive the census data into late September first of October so that puts an issue on the congressional redistricting for the legislative function and how to move forward we do have nineteen census data and shall be Johnson with GIS has been amazing and gave us unofficial reports going the past ten years of where the population has been shifting and from county to county so we have that as I mentioned last time the Courts theoretically would accept a one percent variance between the congressional districts which would equal up of up to about a seven thousand persons but as we look at the information provided us to buy provided to us by shall be two counties up in northwest Arkansas have a variance of adding about ten thousand additional persons each year that creates a little bit more difficulty in creating maps that would guarantee or somehow ensure less than one percent variance using the nineteen data especially if the legislature were to look at dividing counties in creating the congressional districts there's a couple of options moving forward for this committee in the House Committee in the General Assembly has one is. Possibly to recess with the sole purpose of taking up redistricting later on after the census data has been received and maps have been drafted in and ready for General Assembly approval there's always the option also of the General Assembly going to decided I and having a special session called by the by the governor these are discussions for the General Assembly and leadership to have. Thank you Senator Ballinger just a quick question legislatively there's nothing that we need to do to just because it is happening so late and and I can't think of anything but the the filing and all that is is actual later this time so there's not anything that we need to do as far as code changes not right now for the congressional districts we did have a conversation with the secretary of state's office and the board of apportionment depending on when the data comes and how quickly or how long it takes the board of apportionment to drive the legislative district maps as well as the county maps it may require some adjustments to filing dates in the primary dates okay it's it's early but we're if that's necessary we'll know when we're call either call back in this section for women come back and we'll we didn't have a bill to take care yes I think so I think it would be good you know for committee members to you to continue to think about their ideas and frankly the we don't lack the the time situation it gives you a little bit more time to think about some of the ideas on the maps moving forward and I appreciate the leadership of the bureau specifically laying out the plan today for leadership that this body does have the opportunity to recess and not interrupt Legislative Council where we can continue to do things and it also puts us in a position that we could not have a surprise of some sort of logger heads over special. so that allow the Speaker Shepherd and Senator Hickey as pro tem to simply decide when we're coming back in from recess which I think is a very important for this body to be in charge of that so thank you very much for your presentation thank you Sir what just one quick additional thing that I mentioned earlier today with an extended recess as long as the recess is longer than ninety days acts could go into effect on the ninety first date so it would not be dependent on the final signee Donnie all right great information thank you for everything appreciate you being here senator garner you're recognized Sir for senate bill four nine if you would for those watching displaying that way state your name. State centre District twenty seven a self Arkansas string corner SP four ninety is adding similar standards we put on ourselves for city and county officials the last few years we've made clear that those who have pending are pleading guilty or found guilty of certain crimes they can't certain General Assembly we currently have a standard for a constitutional officers as well all this would do is take the standard similar to to the constitutional officers and applied city and county officials you see where this will come in you'll be a public trust crime which are considered like bribery fraud and the number of other ones that Lindsey with the association counties actually part of a good point that when we pass the amendment when the people pass the minute dealing with the four year terms a few years ago there was an infamous crime in there I believe is the wording and that might cover this but you know just put in code as well we want to clear it up that those crimes would be up prohibit people from serving in those capacities well with that I'll take any questions committee. All right members do you have any questions for senator garner. Seeing none is there anyone that year to speak for against this bill. Seeing none Senator Garner do you have anything else on the bill Sir I'm closer right which pleasure of the Committee I have a motion to pastor Senator English second from Senator Ballinger all those in favor say aye opposed no bill passed thank you senator garner good bill do you want me to run for six ninety one going order amount discretion of chairs wanna make sure we we do I did have people here they're trying to get that you it is this got any opposition on. it whatsoever and it could be controversial you will better letter go okay let's come back you got we got some other things moving quick were quickly centers censure here's a co chair yes always be around so Senator Caldwell you're recognized Sir for senate bill three oh five. This call will thank you for being here with me and your term members YG thank you thank you our printer terminal get late today this is a pretty simple bill it changes of our figure of an existing bill on a house cities counties can issue a contract because the inflation in fact that the cost of the building has gone up we want to raise the minimum the announcmenet from the the twenty five thousand to fifty thousand. The only engineering projects and on. Project. On a public construction contracts it would be rates from thirty five thousand to fifty thousand dollars without to putting it out for the. Okay. Interdiction. Stationing for their Ameriquest recession Arkansas counties okay we did have an amendment to to keep the publication the same. Your term but you have an amendment right now the John think the senator They've already of ingress that starting group okay okay no we did have one here I'm not sure growth in in essence what this does is that Back in two seventeen senator Caldwell represent Holcomb came for this body moving the bit threshold. And it went from twenty thirty five and at that time we wanted to go to fifty and they didn't get that far with thirty five with the same year to seventeen the construction contract threshold for contractors what from twenty to fifty. So now we live in a world in which the constructors a licensed thresholds fifty. The bid the engineering is twenty five. And then the construction bid thresholds fifty and so everybody the state city county schools state agencies we want everything to be fifty engineering which the engineers okay with this the construction bid threshold make it fifty which would have been consistent with the CP I have been able to do that twenty back then back in two seventeen so we're just trying to complete what we started back in two seventy. Members of any questions for senator call will bill. I don't see any questions on the bill Senator we have is this judge Brandon Nelson eight years he's president okay judges he's here to support he's here to or to be listening speaking for do you think you were still wants to come up with our race pace five. But I think you got him on record anyway for the bill you have anything further Senator no closed from a bill in I would appreciate a good vote members we don't have anyone's signed up to speak against no one raised a hand for that purpose what's pleasure of the Committee I have a motion to pass Senator Ballinger second for Senator Bledsoe all in favor say aye thank you very much appreciated All opposed no your bill passes. Thank you I was kind of stunned center because the risk I thank you just one boy audible yea so so I take that that it's past. All members help me out I'm I've got a couple of you facing away from me so help me here a little bit today I appreciate you and Senator Dismang you're here for Senator excuse me senate bill four oh two. In center thank you have an amendment on this one correct. Yes Sir said amendment to add sponsors okay Senator would you please state your name for the record I Jonathan Dismang. Members you're getting an amendment which is adding a co sponsors on this I have a motion to adopt the amendment which motion senator garner second Bledsoe all favor say aye opposed no amendment is doctrine you're recognized for thank you Mr chairman members this is really the guts to the preparation that we've already passed regards the Arkansas coach or cultural institutions trust fund the goal of this fund is to allow the form here just heritage to support major capital projects and are Arkansas cultural institutions this would allow for both art and history museums and other institutions of of cultural significance to apply and try to receive an award out of this program so I think one of the good things it does it allows the department to kind of take a look and see what's happening I will it within with each of these areas to an economic impact statement if needed and other types of I just really to make sure that these are viable projects are gonna have a benefit I personally at the I think this is a good thing for us to get directions go again because we have this prioritization a good look in making sure that we're supporting those that need to support the most are gonna have the biggest impact to those communities With that I'd be happy to take any questions and then Secretary hearses also here if you'd like to hear her vision I think for how we're gonna move forward. K.. Members you have any questions on the bill. This man is there is. I know of and people interact own grant request already they fall under here did so is this something that that was missing that they knew that there was not a program like this in place okay. So it was more a minute and it's more than that but it was more adhoc it kind of is it came there are some other programs the on that not for capital improvement like this to try to set out in in funding and the the language here then any five oh one see three that would fall under the the definitions of that are what they're doing with any Arkansas not any five a one two three I mean you'd have to meet that you acquire conserve research communicator exhibit works of art artifacts or works of cultural or historical significance related items significant to the heritage of Arkansas I mean that's what I'm saying is it would be have a five oh one C. threes yes yeah okay not for profit entities. Correct all right members do you have any questions. Thank you for madam secretary do you want to say anything while you're here. I'll just note that we receive a lot of request our capital improvement funds and some of them come to us from legislators there key projects across the state of Arkansas right now that are looking for capital improvement funds and this is really just a vehicle should money become available that we could grant make grants toward capital improvement projects and we will promulgate rules you all will be a part of that process of course to support the program and the. Funding for it will all come from grants how will be right now the minutes unfunded program at this point I mean they'll be discussion of I mean I would like and hope the envision that there's going to be both private and public dollars that would help assist in the programs. I was looking section two says the fund shall consist of grants donations or transfers made by any person or government agency shall all right members any other questions. I don't see any questions there anyone that would like to speak for against the bill. Saying ninety close Senator close I have a motion to pastor Senator Bledsoe I have a second from senator Tucker all those of favour say aye opposed no. I thank you Mr chairman. Thank you senator. anyone here for representive Boyd. Senator Ballinger. If you got that we Senator Ballenger okay. Sure. Okay. All right. Senator Ballinger you're recognized Sir absolutely so this bill is just really a simple clean up bill for the secretary of state's office and there's a question thing come up but if there's not I'm I'm happy just kind of go over sort of highlights basically what this is we we've done two things one we've moved that school elections to November and and may or November March but then also we changed some of the primaries to to to may as well so what this does this just makes it where where they comply it also makes uniformed the reporting requirements this has no opposition that I know of and I think all the agencies work together to to put together something that's truly just clean up okay. Senator English. You say school elections in March. It is only supposed to be November and may well so March would be if the primaries in March so and that's that is that is given to the school board local school boards to to choose but if the primary is held in March an automated you for them to do an emergency okay. Okay. Members any other questions for Senator Ballinger. Seeing none is there anyone that would like to speak for against the bill. Seeing none I have a motion to pass from Senator English I have a second Senator Ballenger aye per se I will pose no bill passes think Senator Ballinger. Senator Ballinger I guess we'll come back to you get on that was censured need to talk Senator Wallace are you here for representative Tosh. We'll take up a House bill fifteen twenty seven. Service center Dave Wallace district twenty two you're recognized Sir very simple bill No money is involved at all. Years ago the Arkansas state police had a rank that was called senior corporal it was given to officers who have completed twenty years of service with the Arkansas state police. They removed it many years ago and they would like to bring that back there's no increase in pay. little bit of money is spent on a different type of badge but it it gives a. More prestige and respect for the officers of committee for twenty years very simple bill Sir Kay thank you. Members you have a question on the bill. I don't see any questions Senator Wallace anyone like to speak for against the bill saying on you closer and closer all right I have a motion for Senator Ballinger second from senator Bledsoe all those in favor say aye All opposed no thank you Sir appreciate you Mr chairman thank you members all right have a great weekend. members We are now down to you in Senator so was not here either as usual center back on come on. Okay one ninety six okay we'll talk we'll get ready for that after sent Beckham. Senator you're recognized thank you chair of the Senate bill or house bill fourteen eighty to really long bill is amended on the house side to make it this long. What it does is requires the. Second cabinet secretaries to report to the state of the Department. Essentially to LC. Legislative Council before November first each year so if you read the first page of it you just duplicate that for the job description of every cabinet secretary throughout for the next five pages of the bill. Okay. The reason for this is to try to. Bill back some type of relationship between the cabinets and the legislator legislator. Members you have a question for Senator Beckham. Seeing new questions. I don't see anyone signed up to speak for against this bill is anyone the audience have a comment. saying none Senator recommend you close that close all right I have a motion I have a motion to pastor Senator English as a second from the entire. Congregation six Senator Bledsoe will get the honors and Act of those of favour say aye. All opposed bill passes I think they got the most seconds I've ever seen so looks great Senator Beckham Senator Tucker for Senate bill one nine six this one has An amendment. I believe now I see one or you're a think this the one you said is this one we've got to go back and redo or center I understand Mister chairs we need to expunge the previous and then the. Also known members is a little different. We had adopted an amendment on the twenty fifth. And so what we need is a I would entertain a motion to expunge the vote by which Amendment R. W. old zero eight four was adopted on the twenty fifth have a motion from senator Bledsoe second from Senator English all those in favor say aye opposed no and now we need to adopt the other amendment that is been put before you today which is should be in front of you I'm not going to call it all off and it looks like that to this ad Senator Tucker is co sponsor deletes. Some language there in twenty four thirty one and to lead to another line is there anything else you need to explain only amendment. Well Mister chair this is the bill that Senator Solomon ran at the concerned about attorney's fees enough for your case and the concern that we had or at least that I had and I think other members of the committee had is that may have affected. Review pre existing cases and so the language is being struck in section one is the language that gave me that concern and we're replacing that with language that says of this section not be construed to have any effect on a claim filed before the effective date of the axo and it adds me as a co sponsor and it incorporates the previous amendment that the committee had already adopted so that's what the and then you work with them on the bill that's what this process should be sure that's great members do you have any questions Senator Bledsoe. I just really need to understand this because I did have a lot of people a. S. me about this and as I understand it if you. A good courthouse in US for some information under freedom of information and you don't get it and then you sue and you win then you get the attorney fees paid for is that correct that's correct but you if you lose you do not that's correct. What this bill would change and this is on a larger bill rather than just the amendment is there's I think what Senator Solomon was trying to address is a little bit of a hole in the wall where sometimes a person might make a for your request. And then file a lawsuit in right before the judge rules get the information and at that point they're not entitled to to fees and so what this bill will do is if you after you file suit if you obtained from the defendant a significant or material portion what you requested. Then you can still be entitled to fees unless the defendant was justified in their position by and and what was striking is the language that's clearly established law because I think that what made it too much of a burden on the county or municipality or whatever the case may be so that that was that's also being struck in the amendment in in you said also that of that little loophole is closed now yes ma'am our. Members go ahead the entertain motions adoption of the amendment. I have a motion to pass Senator English second from Senator Ballinger all in favor say aye. Those notions amendment is adopted is there anything further on the bill that you'd like to say Senator Tucker I think we've we've largely covered in the discussion so far Mister chairman but I'd be glad to answer any other questions okay. Members any other questions for Senator Tucker. Seeing none has anyone like to speak for against the bill. Seeing ninety close for bill Sir yes Sir I have a motion to pass from Senator Ballinger second from Senator English all those in favor say aye opposed no bill passes thank you senator Tucker. Versch word point now for we are dealing with a large section of bills that you see on your agenda for senate bill four twenty one all the way down to Senate bill four ninety three these are the technical corrections bills that Senator Ballenger I thank is already pre notified everyone they would be coming we deal with them every single year these typically are from the code revision commission Senator Ballinger would you like to say anything on these. I'm I'm happy to hold off and not run them right now however I would put him out there I really don't think anybody's going to have any any trouble and these are the bills that were approved by the by the the tackle Committee corrections or the yeah the convention commission in order to be able to make the tackle correction so there I don't I don't believe that there's any anything to necessarily be concerned about but if somebody is concerned I'm happy to wait. Okay and if not I'll make a motion the batch of impassable related. Senators I've not had anyone speak to cheer about concerns on these and having served on code revision commission I know that these are typically wrangled and rest of the time they reach us and so I would suggest because we do have constitutional amendments they're gonna be pending we have a lot of business to do it would probably help the public if nobody has any objections that we bachelor movable floor. In what I would say is the I want to batch the for twenty two through four forty two in the deal with four ninety three separate. Miss for. So do you have an issue with that no I have no did not the and I'll just tell you the issue with for ninety three is that was not approved by the technical corrections commission so as we were putting together these technical corrections bill this is something BLR found separate just simply another technical correction but it never went through the okay the Committee say that's the only difference is that it is everything else went to the committee that had not so that would be senate bill four twenty one I'm sorry not yes No excuse me and just that's your number one bill right right just wanna answer one out not yet for twenty one through four forty two as early about four ninety three it's all of them in that sequence or all the CO Division bills came. Give use. Okay. Members of other any objections to batching. I don't see anyone raising him for that I have a motion from Senator Ballinger batch and second from Senator Tucker and I do not see that any of these fall out of succession so unless the staff tells me that we're batching Senate bill four twenty one succession all the way to Senate bill four forty two. She's good with that. It is not on the succession of the in the line the stock really on purpose so I have a motion and a second to batch for passage that entire group that just stated there all those in favor say aye hi All opposed no the batches past senator so you now have four ninety three if you want to go ahead and handle it and this is just like all the rest of the differences this was a taken correction we discovered after the provision RT Commission already met and so I'd just make a motion that we passed Senate bill four ninety three separately. Your something there should just a moment. Well I stated the same staff didn't didn't hear about that I made the motion to batch and for passage so I'm going to pause for a moment here and I want us to the committee we're going to have a motion Senator Ballinger second from Senator Tucker to pass the batch that we put together all in favor say aye opposed no all right we'll get that handle were back on Senate bill four ninety three Senator Ballenger and I think you already stated what that will make a motion to pass Senate bill four ninety three all right any questions or anyone like to speak for against us saying not I have a motion for Senator Ballinger to pass Senate bill four ninety three and a second from Senator English all in favor say aye opposed no in the bill passes right thank you Committee Senator hammer came in he actually has to be another committee so we're a whole those over for him the Bill there for ninety six I believe were holding got some discussion going on on that thankfully it sounds like everybody's coming together on that pretty good in center Garner Senate bill four sixty nine is the last one and I tell you you're all done great work we haven't even been here thirty minutes so Let's hope we're not here another hour now Senator Garner. You're recognized Sir thank you Senator Trent Garner for Miranda. Are the bottom ministration we've seen unprecedented use of executive orders and less than twenty four hours after taking office by an issue fifteen executive orders outpacing but the prior four presidents have done during the same time as the day you sign for more executive orders than any of his predecessors have during that same time the executive orders or for reaching cover many different topics such as promoting government intervention gender identity and we do have an amendment made in America my own self instrument for the one thousand not that is just for co sponsorship yes Sir. Make a motion from Senator Ballinger do pass on the amendment second from Senator Bledsoe all in favor say aye opposed no the amendments adopted you continue Sir thank you these airforce a cover for range different topics from promoting government intervention in general identity lessening up for security in stopping the building of a border wall allowing government funding for abortion on profits and much more Senate seeking legislative authority to act on the sensitive and complex issue provide has a side to rule with Penn for the repair buying is the only one to do this it's been troubling rise last you decades in the federal executive branch using executive orders not to execute a law but the right the law Arkansas has been deeply impacted by these orders in need to have a clear process in looking at these it orders to understand the impact they're going to have on the state and finally to take real action within the state's constitution to address in the counter if need be to do what this bill does first allows the General Assembly to review executive orders and the impact of executive orders that they will have in Arkansas this will be done by a L. C. during when we're out of session and Joint Budget Committee during the session it will be referred from that committee to the appropriate standing committee depending what the topic is selection issue will come to state agencies and other issues are going to its corresponding standing committee issue thank. The Senate committee to make a request for Attorney General to review that order and give an opinion on it you can see what topics of that request would look like on the bottom of page three at top of page four. D. as standing committee shall make a recommendation to ALC or Joint Budget depending on which stats were in and around the session about the second orders and see what state resources use how is done two ACT has been executed and they can also I the other action we can do to protect the state's interest in litigation after that you'll see a joint budget shall call a meeting discussed the report and then at that time they can determine if any action needs to be done either through the state to make requests to get further experts into even call a special asked the governor call a special session to call center change along with the with that I'll take any questions committee. Members any questions for senator garner. Ono. Tucker. Thank you Mr chair just a for the last six can you just going to a little more detail about what would happen after the review by the attorney general's office and either joint budget or LC depending on whether or not recession at. I haven't read the bill as much detail as I would like admittedly I'm just curious about what actually happens as a result of this review so the standing committees will request a review from the Attorney General and assuming that they give the that request back they will take that into the standing committee to have a discussion on it and so they'll discuss that deal. It have experts have you know attorneys have the attorney general's office if they so produced by an explain what it does and if there's anything that we could be due to counter if needed or what kind of actions the state could do that would go back to the hi your committee whether a you'll see your Joint Budget and at that time They shall hear the report and then determine if there's is B. action as a body to do that in that time so really there is couple different checks and balances before any kind of official action could take and I imagine the majority of these. We'll get reviewed is to optional for that body for review if they do it might just be informative before any decision by the beach so we have discretion of the General Assembly the ALC or Joint Budget. Just one more question Mr never trust a lawyer he says that by the way but I think I only have one more and that is is there anything that prevents us from doing this now. Not always argue probably not what I would say if this formalizes it in a way that crystal clearly defines how that process will work in a way that we have not done before so you're right at any time I guess a The chair people of the Joint Budget or else he could call a meeting on executive order but this sets up how it will go from the procedural part of the standing committees and in poor on the issue that I think the reason why I think this is important is I've heard from a lot of people who have strong agitation about some of the executive orders order before actually whenever president trump in there and some the an immigration plans so this gives the General Assembly process be able to look at those and have people come and testify to be a part of that process in formalizes that in a way that allows us to be it obviously there's some constitutional issues that runs in there we have the tenth amendment as you will know there's all kind of different ways to that due process but if there's ways we can do it whether it's the personnel who could be used to the enforcement of that whether it's funding mechanisms there's different counters we could do if we so choose to. Thank you thank you Mr right. Members any questions at all for senator garner. Saying is there anyone in the audience that would like to speak for against the bill. Seeing none center you're closed some closer like right to have a motion. Motion do pass as amended motion to pass from Senator English as a second for Senator Ballinger all those in favor say aye opposed no. Bill passes thank you senator garner. Of members of we got done in record time here was such a big agenda and I want to make mention to you that we're going to have to take up our constitutional amendments and so I think for the first week that you'll see some activity on that we may either have to designate looking for an opportunity just a designated time but I've got a look for time that is not going to be interfering with the house and what they're doing and if if need be if we clear it pretty good we may just take it up in one of our regular meetings but we will I think what we will do is I'm at this point the chair is probably going to suggest adoption of rules similar to what we've had in the past on them we'll have everybody come everybody make a presentation presentations will be limited so that we don't get bogged down and and then we'll let you decide as a committee on which ones we want to hear formally for a vote it's been confirmed with me more than once the to Senate does have two options this year as as the tradition has been between the house and Senate and so and I will ask if you know of anybody that has been discussing with you that they are beginning to put together support you see anything that I'd love to hear from you because up to now I actually have not anyone that is actually indicated strong support for one or another and as you know this is a process that we all need to be working together on a make sure we get to the right spot so if you would give me feedback on that with that if there's nothing else then we will be adjourn thank you.