Senate Convenes

Senate will come to order Secretary please call the roll Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Senator Rice is gonna lead us a word of prayer everyone in the gallery everyone Senate please stand thank you. Your father we pray that you give us guidance and grace. Mercy and peace. Give us wisdom to do your work. By the give us understanding. Would we pray that you forgive us of our sand god this. Not in this day and help us to. Focus on those who are so dependent on us in Arkansas. In Jesus name we pray amen. I pledge allegiance to the. One. It is a little. Straw. The announcmenet any items at the desk. I do Mr President this is to inform you that on March ten twenty twenty one I review them for the following measures the regular session of the ninety third General Assembly Senate bill thirty one ACT three nineteen Senate bill sixty at three twenty Senate bill sixty three ACT three twenty one Senate bill one O. one ACT three twenty two sincerely Asa Hutchinson governor. Where your committee on emerald Bills to whom was referred the following Senate concurrent resolution five by Senator Eads Senate bill number one eighty three by Senator Ingram Senate bill two O. seven by Senator Irvin Senate bill two forty six by Senator Blake Johnson Senate bill two fifty four by Senator hammer Senate bill three eleven by Senator Tucker Senate bill four O. six by Senator Chesterfield the local office with original and have delivered to the governor for his approval at nine forty seven AM this morning follows. Where your committee on engrossed bills to whom was referred senate bill three oh four by Senator Rapert Teague compare the engrossed copy with the original find same correctly engrossed. We get revenue tax. We are committee on Rhode Bills to whom was referred senate three O. five by Senator Colwell compare the engrossed copy with the original find same correctly engrossed state agencies Committee on engrossed bills to whom was referred senate bill three oh eight by Senator Hammer compare the engrossed copy with the original find same correctly engrossed yes Sir will your committee on engrossed bills to whom was referred senate three forty nine by Senator Kerr compare the engrossed copy with the original find same correctly engrossed Education. Committee on engrossed bills to whom was referred Senate concurrent resolution two by Senator Solomon compared the engrossed copy with the original find same correctly engrossed public health. Will your committee on aggregate him was referred house bill twelve sixty eight members cent of all recommend due pass counted. Committee on city county local to whom was referred senate bill three ninety three thirty nine by Senator English recommend due pass counted Committee on on city county local to whom was referred house bill thirteen eighteen by representative Bentley recommend due pass counted Committee on city county local to whom was referred house bill fifteen forty four by representative under would recommend due pass counted. Where your committee on joint budget to whom was referred Senate bill sixty nine by joint budget recommend due pass counted Committee on joint budget to whom was referred senate bill three forty five by Senator Davis recommend due pass counted Committee on joint budget to whom was referred senate bill four forty eight by Senator Hammer recommend due pass counted Committee on joint budget to whom was referred house Senate bill forty five by joint budget recommend to pass as amended number one calendar Committee on joint budget. To whom was referred Senate bill fifty six by joint budget recommend to pass as amended number one. When you Committee on joint budget to whom was referred Senate bill ninety seven by joint budget recommend to pass as amended number one counted. Any announcements for move the agenda. Okay. It goes more to the house where your committee on transportation to whom was referred house bill twelve thirty five a representative Tosh recommend to pass. That's county just sent out. Yep. Senate bill five twenty six by Senator English to amend the law concerning the data and transparency panel into increased department participation of the data and transparency panel Senate bill five twenty six treasured. Any other sector. Recognized. Thank you Mister chair Mister I move to suspend the rules to allow house bill fourteen sixty two to be placed at the bottom of the House bills for final passage it is already passed the Senate Education Committee and it was inadvertently I'm sure left off you've heard the motion all those of favour say aye. Aye ayes have it. Motion carried the bill be put at the bottom of the house bill's final passage Senator Flippo. Thanks president I need to re re referred Senate bill two ninety five to public health. Promotion at all say aye aye aye aye motion carried as we do not have files or back to public. Senator Wallace. Senate memorial resolution two by Senator Wallace remember bill Phillips and recognizes contributions to the state of Arkansas. Senator Wallace thank you Mr president Mr president Matt be joined by Senator Sullivan hall will in Blake Johnson who's not here. Yes you may be joined by law but I think at some point on the same issue senator mark Johnson is gonna say a few words after correct Sir Johnson. Sure can you. That's fine is proceed with. Please. Members. We lost a good man last November. You all know we will bill Phillips. And I wanted this time and we will take this time and this is the Arkansas State University gang and we've got some Arkansas state university young ladies up there with this. Peggy Bills YF my wife Karen. Maria. Who I know is Mr but somehow Dan Sullivan got lucky in Meritor is cheerleader at that time. And we've all come together and we will talk about bill for second. You all remember bill because he always had a big grin. issued shoulders it was like a big general they're always talking to you and and always friendly I don't think I ever saw bill met in you gave me good advice I know he gave all you all good advice and this is a resolution to memorial resolution to recognize bill. Most of the new that the bill was a heck of a ballplayer he graduated from Harrison high school back in sixty eight he was a four year letterman at Arkansas state university Let the nineteen seventy football team to an unblemished eleven no record I remember that team will then and I was there the same time Bills there. He was named twice to the first team all Southland conference. Sixty nine seventy was named first team all American by Associated Press that's pretty good. It was drafted by the Denver Broncos in the second round so that's pretty doggone good ball player right there. Bills been adopted all household of fame's he's in the Arkansas athletics hall of fame in nineteen ninety to get his ring of honor in two thousand three. In the has this name Hey in the football stadium is a distinguished alumni nineteen ninety five. Senator Rapert as one of this things down please proceed one of the best things that happened. Bill merit pay again. Another young lady from the Mississippi Delta Turrell Arkansas and that she will within the different they came back home. Bill worked with Arkansas Blue Cross was a real superstar there did extremely well in sales and marketing and and they promoted into lobbying is eventually he started his own company with the sun Bradley. And that was in nineteen ninety eight. We all knew how good amend bill Wallace he was a devoted Christian. This is survived by. Peggy merry fifty two years the son Bradley his grandson little bill. The sister by the law okay you have a Hayes in many of the little ones. Ludus. So I'd like to. To the be resolved by the Senate ninety third General Assembly. That we remember bill Phillips for service this dedication to the state of Arkansas. To extend our condolences to his family. Thank you governor. Thank you senator any other senators wish to read as afterwards okay. All those in favor of the resolution say aye. Those lines have it more resolution is adopted. Senator Ingram. Senator Ingram is recognized. Senate concurrent memorial resolution one by Senator Ingram to remember sergeant Travis Wallace for his service and commitment to the state of Arkansas and local community. Centering thank you governor. Of sergeant Wallace's family is present with us today I'd like to point out in the east gallery sellable watches mom. Travis Wallace junior a ten year old it's his son you'll is Wallace is on full. April but night his sister there's a pro as you know we have it here standing next to me is representative Reggie Murdock the representative David Thomas is in the district from from Barton we also we're joined by former senator and now mayor Kevin Smith of Helena West Helena as I told Kevin you know when you're mayor you work it's a lot different than being in the Senate he sure get a good education and then there are days. We have with us Sullivan grace it's the Arkansas department of corrections secretary wearing Sullivan they are and I think in this gallery we have eighty C. director dexter pine. This section there's dexter okay miss your over there then we have the Helena West Helena chief of police James Patrick Smith. We have the deputy warden of the East Arkansas unit at Ricky's Antoine's M. Smith Ms Weller. There we are there's and on their. Are we ready with the yes Sir please resolution. Whereas on November twelfth twenty twenty correctional feel sergeant Travis C. Wallace died as a result of injuries incurred while on duty with the Helena west Helena police department in West Helena Arkansas and whereas in attempting to apprehend suspects in an earlier shooting sergeant Wallace sustained mortal injuries when the suspect opened fire on officers and whereas sergeant Wallace was a five year veteran of the Arkansas department of corrections the East Arkansas regional unit. And whereas sergeant Wallace serve the state of Arkansas during his career through employment with the Arkansas department of corrections the House Helena west Helena police department the Marvel police department the Crittenden county sheriff's department the Marianna police department and as a school resource officer for the Marianna school district. And whereas his service and heroism reflected the outstanding character of both correctional and law enforcement officers in whereas sergeant Wallace was a devoted father. Sun. Brother nephew uncle and loyal and respected member of the committee of Dundee of the communities of Dundee Mississippi and West Helena and Marion Arkansas now therefore be it resolved by the Senate of the ninety third General Assembly of the State of Arkansas the house of representatives concurring there in. That the individual members of the Senate express their sincere condolences to the family of correctional sergeant Travis C. Wallace and commend his parole actions an outstanding contributions to the state of Arkansas be it further resolved that upon adoption of this resolution a copy shall be transmitted to Mizzou's Thelma white's mother of a correctional sergeant Travis C. Wallace by the Secretary of the Senate. All those in favor say aye. I was the resolution is adopted. Moving on to S. R. thirteen Senate resolution thirteen by senator garner to recognize consol Fund for his charitable contributions to the Arkansas small business community Senator Garner thank you so much as president many you know numerous smaller businesses here in the state of Arkansas have been dentist lately impacted by the COVID nineteen crisis small business or lifeblood of Arkansas's economy have been disproportionately affected by the ongoing pandemic the Arkansas phone is a nonprofit small business relief fund dedicated to providing immediate economic early to the Arkansas small business impacted by Kobe nineteen we all look above to see the two men responsible for this J. can rhyme Jake as many of you may know played here in Little Rock for many years before going to play for the halls and eventually being drafted by the New England Patriots in the third round we actually won a Super Bowl under Tom Brady as impressive that is what he did afterward to me is even more impressive he served this country for many years with the screaming eagles and that's forty minutes but you have a better as well Jake in round one to come back to Arkansas want to give something back to the people who helped raise them it's a safe start this funding over three weeks they raised over a hundred thousand dollars going to twenty four I believe different businesses across the state in twenty two days to give them relief out of this nonprofit this is a great organization that they will take nominations from any one of our districts centers also have more time you get free money from these guys if you nominate your business is from your area and they'll do great work let's take a minute to recognize him now there is be resolved at the by the Senate the ninety third General Assembly of the State of Arkansas that the Senate recognizing Committee extraordinary work done by the Arkansas phone in a generosity of his donors for the benefit of small businesses across state of Arkansas you will please join me in a round of applause for Jake in round of what they've done for this state. The resolution all those of favour say aye. Those eyes haven't resolutions adopted thank you senator garner. Senate bills on Amendment. Senator Ingram. The centering recognized. Of. Today he is the one year anniversary as hard as it is believed March eleventh when the pandemic by the world for the World Health Organization designated a pandemic. I want to just talk about let's have a little perspective about what's transpired in the last year. On this day last year are referred COVID case was discovered reported. On March twenty fourth for the first two deaths that occurred from COVID nineteen and as I said earlier On April the twenty fourth when we left the fiscal session there were forty five our Kansans that it died. In one year over fifty four hundred our Kansans have died ninety give that some perspective in World War two we only had thirty five hundred and nineteen. Our cans stacked. In the Korean War we had four hundred and sixty seven our Kansans give their lives in in Viet nam five hundred ninety two so we have surpassed. What about. R. K. R. Kansans lost their lives in three world wars in one year with scope and I'd like to ask everybody to take one moment think of all the families that have been impacted their lives that the couple with vaccine if that would be alright with the governor here. If we just take one moment to stand in and and say a prayer for the families that have been impacted by COVID nineteen please stand observe all almost all. I'm in. Thank you senator senator John recognized Blake Johnson. Members the. I am one of two sons and my brother Eric is in the east gallery Southie and you want to waive their so he's he's he's a good one I'm the black sheep so. He he he work through this pandemic as a nurse at the VA hospital by rough he's battling some health problems please please be in prayer within these down here in some test and you A. M. S. thank you guys for for. Senator Clark you senator Clark will move to amendments by Senator Clark's coming down I'm sure my son is watching it is eleventh birthday Happy Birthday to John. Amendment one Senate bill one sixty six my bill my amendment. All those in favor say aye opposed ayes have it members adopted center grossing Senator Irvin. Statement under Clark. Amendment one Senate bill two fifty. Service my bill my amendment. All over say aye. Those eyes up to senator se senator Clark Amendment one Senate bill three and six my bill my amendment. All the favor say aye. The. Is have it barely. In order to Senator Hammer. Amendment one Senate bill four seventeen. Hi bill my amendment thank you those of favour say aye. Is have it hence adopted senators moving on to Senate bills going to pass over center hundreds of feet to for remove the Senator Irvin as B. two five six. Senate bill two fifty six by Senator Irvin concerning the use of an administrative subpoena by the division of Arkansas state police investigation concerning internet crime against a minor. Service. Thank you and members this bill It is it's a very narrowly written bill I worked with the Arkansas state police to the division of state police M. A. C. I. see concerning internet crimes or crimes against children Division so what this does is it requires that the director may issue a subpoena requiring the production of any of the books papers correspondence memorandum agreements or other documents or records which the director deems relevant or material to an investigation of internet crimes against I'm a minor. If it relates to the X. sexual exploitation of a minor so why is this important. Time it is so incredibly critical when you have minors to have been kidnapped. Because they have met a predator online and so the current and System requires for this jurisdiction to be established but this would allow for a subpoena to get the name and address associated with the I. P. address that they can get so that they can try to quickly move to recover an individual a minor that from their low from where they where they are and the Judiciary Committee did a very good job of asking questions about this this is very narrowly narrowly written this will only go through one door which is the Director store to an issue that subpoena so that we can get from those internet companies the name and address and location associated with that I. P. address so that we can pinpoint where that child can be I will tell you just from a personal standpoint this actually happens in my area are my districts there was a child that was adopted net somebody online predator online within forty eight hours. That child was. Abused. That child was Prepared to go into sex trafficking and the only way that we found this child was because the child had turned on their kindle and I had pains. But they did not have an exact location so it was a multiple state. At jurisdiction but they had establish and they basically had to go in in different locations around the country in order to at the same time in order to try to find that child and it was a matter of hours that they were able to find that child before that child was sold into the sex industry so it's time is incredibly critical and so that's what this bill does is that addresses their ability to find that location based on the I. P. address because this is the world unfortunately that we live in and there are so many predators online that are and literally and stealing our children and so I'll be happy to take any questions. Tucker. Thank you governor in center I'm I'm trying to get this to you before session but I was too late. My question is whether you would consider adding language to the bill. That would narrowly tailor it to. Emergency circumstances where swift action is necessary to save. To prevent danger to life and the reason I ask that is because of that you know we do have the Fourth Amendment which prevents the state from getting information about private citizens without going through a court person we're creating an exception to that with this law and my that language that I'm reciting. has been defined by the Supreme Court United States as exigent circumstances which is already essentially and approved. this exception to the Fourth Amendment I totally support you know what you're trying to do we if it's a timely situation where we need information to save the life of a child obviously I support that my concern is an exception it I really think this only applies to emergency situations with the state police is trying to do if it's not an emergency situation they are the three judge but if it is an emergency situation that's been approved by the Supreme Court United States and it's it's I think what the state police is trying to do so my question is whether you would consider including that language in the legislation the Senator tech I'm not sure if you were in a committee when we had that full discussion with the folks with a C. I. see those questions and those issues were addressed by the members of the committee and this is very narrowly written and you just sent me that text message is literally right now and so you know I I mean I feel very strongly about this I don't believe this is you know going to be and and if the if they want to work with me and if we want to do that on the other end perhaps but at this point I am comfortable with the language that is written into this bill and with their direction I'm starting clear it through you but I'm trying to do my work and that was fully discussed in the committee based on the fourth Amendment of the constitution and all of the things that you just stated so I don't know if it's necessary or not I can't really answer your question but I do know I feel confident in the way that this bill was written in my work with the agency on this bill and I'm also confident in the members on the Judiciary Committee that **** specific questions and got their answers to those questions which then allow them to vote for this bill to come to this chamber. Any other questions. We speak against for. You senator Tucker speak against. Senator. Thank you governor again it's it's a similar point that I was just making which is which is just that we need to be very careful about the circumstances where we let the government get information on private citizens without going through a court this is probably the most important circumstance where it could exist but you know I would also ask you know why it in the bill it says sexual exploitation of a minor but I would ask why not. or kidnapping and non sexual situation the point that I'm making there is it's a dangerous business for the state legislature to be picking and choosing other crimes where the state can obtain information about a private citizen without going through court I thank you I support what Senator was trying to do and you don't need to clear anything through me Senator Irvin totally support the the goal here. But I really think the state police what they're trying to do is an emergency circumstances and if we included that emergency language in the bill you know I think that would be Constitutional I'm worried about the constitutional ramifications when it's broader than that without that language I think it's broader than that and it would accomplish the goal make sure that we're not obtaining information on private citizens and non emergency circumstances so that's I would I would advocate to include that language in the bill senator kretek a question for Senator Clark. Sir Clark recognized for a question. Senator Tucker I think we're very like minded on this of. Be a part of the question that I asked the committee were about the fact that this. With the help narrowly was tailored and that there had to be a written subpoena. That is kept on record that shows exactly. What we're looking for. except for what what are you saying that more than what's written in the bill should be required and why wouldn't that be. Not slow down the process and. Right finding a job so in the Fourth Amendment no we only with the search and seizure portion of the Fourth Amendment right well the Supreme Court United States has recognize what's called exigent circumstances where are the police can do something without getting a warrant first and the accident circumstances I'll I'll I won't get it exactly right but it's something like when an emergency exists and swift action is necessary to save someone's life or to prevent the filing of a suspect or to say damage to property and the circumstances where that applies currently or the police can go into a house without a warrant you know if they think there's a very serious dangerous crime taking place inside the house they don't have time to wait for a warrant so they can go in. And what I'm saying is that we should include some kind of language like that in this bill because. we're trying to get the state police is trying to get information from internet service providers or whoever the case may be and so that's what has to be approved. Through code by us by the legislature in order to do that so because the internet service providers they need to have verification of they can give that information out and so that's why this law would be necessary rather than the current existence circumstances exception already applying and so what I'm saying is we know that existence circumstances can exist that allows police to go with it as an exception to the Fourth Amendment and we have a language that's already been approved by the Supreme Court United States I think this bill is broader than that exception because it's not terrible. narrowly tailored only to extend or emergency circumstances I think my my opinion is if it's not an emergency the state we should have to go through judge if it is an emergency to in order to save the life of a child by all means get the information from the internet service provider in order to save the life of that child and so I don't see a reason why. We could include that language in this bill to terra narrowly tailor it to those emergency circumstances it's not an emergency go to court if it is by all means get the information and that's that's constitutional opinion the current language in my opinion is is broader than that it's unconstitutional thank you for that and to. Anyone else wish to speak for against the bill Senator Ballinger you're recognized speak for them. Thank you Mr president I just want to say I think Senator Tucker is concerns are completely legitimate I think that I think that if this bills interpreted as broadly that's what he says that it will be unconstitutional the problem is like any you may be able to catch a bad guy and you get a whole bunch evidence at all that would be for the points is treating you couldn't get a conviction. Because of that I believe that the way this is going to be carried out in practice is going to be very limited so the very nature of the state police they aren't going to go out if it's not an emergency circumstance to go gather more information right so so I think it could be interpreted more broadly than what is was constitutional I don't think it hurt that to add that language and however also don't blame the bill sponsor for not wanting to do that at this place the reason why it came out of Senate judiciary even though I had those very concerns is because I know that the very nature of the obligation of the state police they're not going to go further than what they what they're allowed because the ramifications of that means you don't get a conviction right so from my standpoint I think that it's probably fine they understand they're still constrained by the US constitution the limits of the of the Fourth Amendment and in fact the the agency's state police said that very thing when they did president of the bill so I felt comfortable with that in spite of my concerns were exactly the same as represent tech. Senate Chesterman you like to ask questions. Thank. If the members of the judiciary had this concern. Why can't we just fix it. Bring it back run the bill Monday get it to the Senate get it back to the house we're not out of here in a day or two and that way we can because there's always somebody who doesn't understand exigent circumstances that's what my concern is if there is one police officer that doesn't understand it and abuse it in this state has given that person card knowledge to do so. Yes there is a lot of US Supreme Court precedent that we have not chose to codify in the state of Arkansas yet the State Police is bound by all of that the the situation is that this isn't a problem with her bills it's not because the bill is not good enough it's it is a likely concern and that's what I I told state police to better walks circumspect plea paying attention because you could screw up of a prosecution if you don't do a good job with this so I don't think it hurts to add that language but I also don't think it necessary I don't think it's necessary because they're bound by all sorts of other provisions within the the the constitutional US constitutional law that that are not codified in Arkansas Code and so I don't think it's necessary to have that in even though I don't want to minimize the concerned guess what state police you better pay attention because senator violin Fourth Amendment then we may be able to save a person which would be worth it right even if we don't get a prosecution if we're able to a little girl that's awesome but in the end we may not be a lock up the bad guy to keep him from hurting the next person if we violated the Fourth Amendment. Senate take questions Senator. I'll take questions. I hate to be substances the bill sponsor make sure she's okay. Yes I was going to ask him why he take a more conservative view of this and he's taking right now. Maybe I'm not as conservatives one think Senator Elliot you're recognized for a question. I have been telling you this you're not as conservative as you think M. does concern that a wondering not concerned. If you if you see that we have opened a Gates where next session. Somebody comes in and says well all I'm doing is amended the current the current law to just this one other thing and we just keep doing that keep doing that rather than. Have been the constitutional language we know that already exist tell me what you feel about that but what I think any time if you decide you're gonna go out and do go to going to the codified yeah that constitutional precedent if you're what you're doing this there's a lot of other things out there that we have not codified I think it's just going to be impossible so I from it I just wanted to address the Senator Tucker is concerned and and just you know I I get it like we all want to make sure the Fourth Amendment is is is protected state police does too there's real ramifications if they don't and and I don't think that this whether we include that language don't include that language it's not going to change how they go out and get this administrative subpoena. Also so um this is wholly dependent on the state police I guess you know it's what we're saying but I'm not a gets abused and I was just had issues with the language not even knowing about the constitutional language that we already have as some the court referred to I was worried about this is opening a gate here not that I don't understand this is a serious issue. But I have I can think of four five other serious issues at the top of my head where I could see myself coming in and saying well let's just add this next thing and how what was what what do you imagine we might say to people who come in the next amendment. NextEra or what well I say it depends what to take each new policy choice on its own and in this case what we've got is we've got a a changing society where where I think the bill sponsor even said the bad guys are sitting at the park there sitting on the computer the finding ways to reach out and touch these young people through this mess that at the end and the good news to some extent is that also leaves a trail a lot of times where they can find the bad guys however that tools not available fast enough then it makes it hard because the people are transition from one place to another so quickly and we really have the opportunity to reach out and save somebody who could be lost or even get somebody sooner he's going to go through even more for the more abuse and so from my standpoint I I feel like this is a circumstance where you weigh it there is some concerns like you know privacy fourth minute is important but you know it's or little little girls who could be stolen and this is from my standpoint a policy I'm willing to take that risk in the circus circus so but I honestly am I it's not my bill and I don't want to take up any more one last question too because I can imagine a circumstance we might even be time the police officer's hands in that there are other circumstances that just as dire but we didn't just use the the the language of as such circumstances and now would be never to that that one little thing I mean even circumstances of I was tempted to fight interpret that as no not once but at the same time I know they exist and be more than this right and that's why it seems to make sense to me if we use that language something else could come up and get it now I would say is we are amending the US constitution president so if we have those circumstances we have limited the ability of police to answer. Everyone else was speak for against the bill. Senate Johnson are you speak for or against. Senate foreign you're recognized speak on the bill. Thank you Mr president this is my fault of rent and bill and Mrs Bill on Judiciary are brought these concerns up and that's my fault not Senator Irvin before and appreciate here's my issue with it. We want to get the bad guys right we want to get on this is great what you're doing also what worries me is criminal defense attorneys get in there and start making the argument that this isn't written by the constitution and say the state police are following this under this reasonable standard right they're following the law we pass because all it requires is reasonably connected to a potential exploitation of a minor they're following the law they're doing nothing wrong then that person who's a bad guy a real bad guy which servers Trabert get gets the court is defense attorney says actually the Fourth Amendment doesn't allow this we have to follow the standards like Senator Clark brought up Senator Tucker sees me. Well guess what happens the court said yep that's true all that's thrown out you don't get a conviction of that bad guy. Because you violated his constitutional rights and all the evidence connected to that to a certain degree to be thrown out as well. If we put that kind of language in here then it's just a matter of if the state police followed that or not which I think is an important distinction so while I agree with that I'm I'm very nervous about giving defense attorneys a way to get somebody all if they come to that case that's my only issue with an outer brought that up your state is my fault and I just want to be honest about that before I make a decision about this thank you. Senate are spoken on the bill senator Johnson you're recognized be on the bill. Members. I'm not a lawyer. An excuse the the circumstances loss and I mean that that is or you know at and and we discussed those concerns with warrants compared to subpoenas but at the bottom of that page at first page the reason these would be use. As far as I'm concerned is. An emergency. Number one says a subpoena relates to an investigation offense that involves a sexual exploitation of a minor. When is that not an emergency. In what in what circumstances that nonemergency. In. If you want to mandate on the other end to to add those things to to to relieve these concerns that'll be fine. But that child. We'll be safe. That's that that's that's my opinion I appreciate a good vote. Anybody else wish to speak for against the bill. Senate senator I mean you're recognized closed. Thank you thank you members for the healthy debate and I I think that's really an important distinction and I think Senator Johnson actually read my mind because that's exactly the path that hi I'm going to go down is how this bill is written and what constitutes an emergency and that is absolutely correct and let me also make it clear that this is not just any law enforcement agent or law enforcement officer this is the Director of the Division of the Arkansas state police or his or her does any so it's one to two persons that's it. The subpoena relates to an investigation of an offense that involves a sex sexual exploitation of a minor. And there is reasonable cause to believe that an internet or electronic service account provided through an electronic communication service or remote computing service has been used in this sexual exploitation or attempted sexual sexual exploitation of the minor. And so currently you have this ability you have the ability to get a subpoena to go find an address. And a name and an address if it leads from your investigation just like this is written and it's a physical address and there's physical and circumstances. We live in a changed world where the internet has become. This place where there is tremendous activity around sexual exploitation of minors and you know how fast things are moving on the internet's but I also know how fast a child can be contacted by someone who is older who is a sexual predator I know how fast that online connection through a text or a messaging or an email can lead to an. Within the next. Can lead to a meeting within the few hours which then can lead to that tiles being taken across state lines and then within a few hours be completely groomed when I say groomed for sexual trafficking I don't want to go down that path and describe what that is because I know intimately by sitting with the FBI what has actually happened to Arkansas children and it would turn your stomach and I don't want to go down that path so yes this is an emergency yes this is going to be restrained is this the right thing to do for our children absolutely I do believe that this is a necessary tool to save that child's life and I've seen it and experienced it first hand and so with that I appreciate the dialogue the conversation and I would appreciate a good vote. Senator has closed for bill Madam Secretary would you please call the roll. Ballinger Beck. Beckham. But. Caldwell. Caldwell. Chesterfield. Clark. Clark. Davis. DISMANG. DISMANG. Eight. Elliott. English. Flippo. Flowers. Flowers. Garner. Gilmore. Gilmore. Hammer. Hendren. Hester. Yes. Hickey. Hickey. Hello. Ingram. Irvine. Blake Johnson. Mark Johnson. Leding. Leding. Page. Right. Rice. Sample. Stubblefield. Sturch. Sullivan. Teague. T.. Tucker. Wallace. You senator wishes to vote or change your vote Senator Hickey is I. Senate Caldwell is nine Senator Gilmore is present. Senator Leding is president Senator Elliot is present Senate dismaying is not. Anybody else wish to vote or change their vote. Senator Clark is hi. Anybody else. Memsic J. please cast about. With a vote of twenty four Yeas zero nays intend present one not voting the bill has passed transmitted the House. When I think of Senate bill three eighty seven Senator Hammer. Senate bill three eighty seven by Senator Hammer top prize off label use of drug treatments to treat Medicaid beneficiaries pediatric acute onset no psychotic syndrome in pediatric. Autoimmune there was psychotic disorders associated with strip by strip McCollum infection Senator Hammer you're recognized. Thank you Mr president so what this bill does is we've been pursuing addressing the disease of Pan Am pandas we now have a center of excellence set up over at children's hospital in conjunction with you M. S. what this bill will do is if a patient is diagnosed as needing the treatment of IV IG of for treatment and upon the recommendation of the center of excellence that Medicaid will pay for it will require prior authorization Medicaid and does work together in order to get this to where they're not opposed to be glad to answer any questions. Any questions for the senator senator Chesterfield you're recognized for a question maybe on the only one who doesn't know what isn't all label drug. More explain best I can it would be it would be a drugs such as a the I. B. I. G. that is recommended for this it's a specific drug for specific treatment is best way some a little bit more medical that I can't can explain it better so why is it called off label it makes it sound so ominous to me I think that's in order to comply with what Medicaid would have to have in the bill in order for them to pay for it so it kinda lines with the with the coding that so that so that they can be paid for if it's built for our charge for. That's when it all label well it's it's it sounds as though which is why some drug abuse drug up some from somewhere and we just give it to somebody and no that's not the intent but is just a term with which I'm on four million if somebody on knows what that means. I would appreciate it if you don't mind don't speak on. Hi. Centerman you're recognized speak on the bill. Yeah I I do appreciate the question from senator Chesterfield because it is I'm you know I'm not sure if it's of actual defines term but in Madison a lot of times and physicians will use medication off label meaning the label will say that this medication is used for X. Y. and Z. but it's used off label for other purposes a good example of that is oral contraception so birth control obviously is use for birth control but it can also be used for dermatology issues and things like that thank you. Any other questions for senator Hammer. C. nine anybody who wish to speak for against the bill. Senator Hammer closed thank you appreciate your hammers close for his bill any objection rowing the boat. Say no objection I'm secretary please roll the Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Hey Senator wish to vote or change their vote. You senator was injured low. St nine AM secretary please cast at the ballot. Four thirty five a zero nays the bill has passed transmitted House. Now take a Senate bill three ninety nine. Senate bill three ninety nine by Senator Flippo to amend the Arkansas Caremark long as it relates mandatory state contracts entered by Connie state agencies from mandatory state contracts in certain circumstances Senate but you're recognized Mr president I'd like to pass over Senate bill three ninety nine and move on to four hundred. We'll pass over three nine nine. Senate races pasal. When I takes Senate bill four hundred. Senate bill four hundred by Senator Flippo to clarify the law concerning the time for submitting a protest and the Arkansas procurement law. Senate bill you're recognized. Members of the bill for just clarifies the timeline to protest a procurement solicitation or award. The simple cleanup bill. Any questions for Senator Flippo Senator Blake Johnson you're recognized for a question. Senator Hickey good with this bill this is the Hickey seal of approval okay thank you. Three nine nine does not have the sticky seal of approval. Any other questions Senator Flippo. C. nine anybody wish to speak for against the bill. Say nine. A objection rolling vote. C. nine by Senator Pitsch wrote. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Hey Senator wishes to change their vote. St nine AM secretary please cast a ballot. Voter thirty five Yeas zero nays the bill is passed please please transmit to the House. Well now take up Senate bill four one. Before one by Senator Flippo to amend the Arkansas procurement law to make a technical change and to amend the law concerning the approval of cooperative purchasing agreements Senate bill you're recognized all right members is another typical cleanup bills so correction air the sites the wrong section of code and it also corrects the language in the Cooper purchasing section of the code to reflect that the officer step procurement is now under Department transformations Jett shared services. Any questions Senator Flippo. Say no questions anyone who wish to speak for or against the bill. Say nine any objection rolling vote on this bill. Sanam secretary please roll the Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Any senator who wishes to change their vote. St nine AM secretary please cast a ballot voter thirty five days zero nice center for one has passed please transmit to the House. Well now take of Senate bill four fifty one Senate bill four fifty one by Senator Hammer to amend the requirements regarding visual art music and performing arts requirements for students in grades five and six enrolled in public schools that are not configured as elementary schools Senator Hammer you're recognized. Thank you Mr president there's a handout that was placed on your desk as far as why Senate bill four fifty one is needed from Karen Walter superintendent Bryan school district but they're also several other schools not all fit into the configuration represented in this bill but I could read the handout that I placed on your desk but I think you can see that what the bill is going to do is provide greater flexibility for those schools that are unique situation where the configuration covers from the fifth to the seventh grade I'll be glad to answer any questions any questions for senator Hammer. Saying that anybody who wish to speak for against the bill. C. nine centers close for his bill close president good vote and action run vote on this bill. Say no objection madam secretary please roll the bill Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Hey Senator wish to change their vote Senator Garner. Okay. Any service change of a. C. nine AM secretary please cast about. The voter thirty five eight zero nine Senate bill four fifty one has passed please transmit the House. Senate. Yes Sir when a personal privilege. Sir someone just came to my attention that is of great concern to the Arkansas state Senate not going to bring their bikes engine. I don't know provider knows this. But senator Larry Teague sixty three years old. The chair will entertain a motion that the Senate adjourned right. When I take it senate bill four sixty four similar fourteen sixty four by Senator Rice concerning the definition of sexual contact as it pertains to certain sexual offenses. Senate riser recognized. Thank you Mr president. May first say this is not a prosecutor's association bill but I want to recognize and appreciate them for helping put this together SP FOR six four came about when a police detective police department detectives contacted me for my district out of concern for lacking for sentencing discretion. I'll be brief description of thirty year old. Or so okay. Required is five year old niece two one bedroom with the Maury directed her to remove all are closed and he did the same. And while they supposedly did not touch your. He violated her in a way that can leave a lifetime from. That was found to be. Only a. Class D. felony. Was the the worst option. A Class D. felony Just a couple examples breaking entering. A building or structure or vehicle. Criminal mischief in the first degree is destroying or damaging anyone's property of another. Quite a bit of difference. One that we're gonna hear here in a minute but I'm far. Is about porch pirates Review still a package or to go by a Class D.. This bill adds definition to sexual contact. It increases to a class B. felony. The penalty on that as you probably know is not less than five years or more than twenty years fifteen dot fifteen thousand dollar maximum fine. This does not restricted only to children. But it is needed sadly it more occasions than we realize. I wouldn't answer any questions if if possible. If not I appreciate a good vote. Any questions for Senator Rice. No questions anyone who wish to speak for or against the bill. C. nine any objection willing to vote on this bill. Page rolled out Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Any senator who wishes to change their vote. Sainath secretary please cast the ballot with the voter thirty five A. zero nascent bill for sixty four is passed please transmit to the House. Will not take it senate bill four sixty five. Senate bill four sixty five by Senator Dismang to extend the sunset date for the Arkansas medical marijuana special privilege tax of of twenty seventeen and clear an emergency Senate dismaying recognized thank you senator members this extends the what it does exactly what the title says it extends the date out for two more years on the privilege tax on medical marijuana sales state of Arkansas those funds are utilized to help you a message she the NCI designation the construed as a dentist apple is there's a director hired I think there's about ten employees that are working now that's something we should all be proud of and and hope that we get in place sooner than later with that I'll be happy to take any questions. Any questions for Senator Dismang. Say no questions anyone who wish to speak for or against the bill. C. nine centers close for his bill any objection rolling the vote on this bill. Say no objection madam secretary please read the bill Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Any senator who was injured vote. Say nine AM secretary please cast ballots. Bill thirty five Yeas zero nine Senate bill for sixty five has passed please transmit to the House. Senator bless you wish to be recognized. Okay. We are passing over house bill ten sixty three now take of house bill eleven hundred. House bill eleven hundred by Senator English in representive eleven to amend the law concerning individuals list isn't listed as mandated reporters and the child maltreatment act. Centering. Thank you very much this bill is just a Manson adds to the mandated reporters under the child maltreatment. Any questions for Senator English. Say no questions anyone speak for against the bill. C. nine centers close for about any objection rolling the vote. Say no objection madam secretary please roll the vote Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Any senator who wishes to change their vote. C. nine AM secretary please cast a ballot though thirty five A. zero nice the bill has passed please return to the House. Now take a house bill twelve oh nine. House bill twelve oh nine ma'am. By representative Jett surface mine to create the elective pass through entity tax act to impose a tax on pass through entities and to exclude certain income from gross income for pass through entities Senate dismaying recognized thank you members this is going to allow for taxation to occur on the past the level in the reason that we we need that it would actually it actually gonna raise revenue instead of Arkansas by about four point four million dollars but it's going to cut taxes for those same taxpayers on the federal level the tune of about fifty million dollars the reason that exist is whenever they pass the the major tax overhaul the federal level one of things they did was try to simplify tax returns in when they did that they increase the standard deduction but then also capped some of the data itemized deductions that would otherwise been taken I one of those is are the what's called the SALT deductions to state and local taxes that was capped at ten thousand dollars by allowing that taxation to occur at the entity level that's where the savings are to be generated again it in a minute I think it's good policy for us I would said last session there was a very similar bill I was also the sponsor we resident because we didn't know how the feds with you this type of scenario since then the feds have actually provided guidance to state something they're willing to accept in that's what reason you see the see the bill before you. Any questions for Senator Dismang. Say no question is anyone who wish to speak for against the bill. C. nine centers close for his bill injection growing the vote say no objection I'm secretary please roll the. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Any senator who wishes to change their vote. Say nine AM secretary please cast the ballot though thirty five Yeas zero nice house bill twelve oh nine has passed please return to the House. When I think of house bill twelve fourteen. For twelve fourteen by representative Wardlaw to amend the Arkansas Emergency Services Act of nineteen seventy three concerning funding Senate you're recognized. Thank you the members to serve bill compasses two things one because it combines the recovery fund individual System Fund public assistance fund disaster response fund catastrophic loss fund all into one disaster recovery fund apparently the department of emergency management is already been doing this and DFA as for this to be done in code so that they can. Have it involved and just have one fund the second part is it increases the hazard mitigation fund from three million to six million. A reason for this is to. Try to get ahead of disasters and not spend so much money on the recovery side I can be used for things like water The water system projects levies things like that. Any questions for senator back. Say no questions anyone who wish to speak for against the bill. C. nine centers close for his spent close centers closed any objection rolling. Say no objection and secretary please roll the vote Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Any senator who wishes to change their vote. Any center wishes to change their vote. St nine AM secretary please cast a ballot. The voter thirty four yeas and when a bill has passed please return to the House. Well now take up house bill twelve twenty four. Twelve twenty four by representative Tosh to establish the state crime laboratory student loan forgiveness program. Senator Rapert you're recognized recognize the worst president members this bill came through committee of course we did have not have any opposition to it basically the bottom line is to quote from information from the Director of the crime laboratory there's a national critical need to strengthen the medical examiner work force by addressing a critical shortage of board certified forensic pathologists in here in Arkansas we've got five three of them are up for retirement and if you've ever seen some of the cases when they get backed up and they don't have the ability to run through the crime fight there the excuse me the files that are on their desk related crimes in our state it can be very very disruptive and it also can begin to affect the success of prosecution in our courts so it's important for us to try our best to recruit talent to make sure that you're interested in this program so we can continue to provide this function so basically what this bill does is it actually sets out a student loan forgiveness program that sets it up has a state crown Laboratory Board promulgate rules for this and I'll be happy to answer any questions the bottom line if they recruit somebody to the position that says they'll come to Arkansas for that purpose they work with them on a year basis to basically an opportunity for that particular candidate to get to know the state crime lab here in Arkansas for them to get to know them if at that time they decide to go further they get then go to the second part of it I believe this is a good program it's money well spent if we're gonna have qualified people and be happy to answer questions and create a good vote any questions for the senator. Anyone wish to speak against for. Any objection to rolling the vote thank. It sure was rolled out. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace in which change of a. Cast a ballot thirty five Yeas zero nice bill is passed return the bill to the house senator just bashing County. House bill twelve thirty nine The representative black. Page remove the pre licensure educational requirements exemption for an insurance adjuster to require nonresident insurance producer adjuster consultant to maintain a license in good standing the licensee's home state. Thank you Mr president of basically colleagues this bill should have been with the three we did yesterday it had to have my name amended to it what it deals with the sound on the first page of the bill an applicant for an insurance consultant license is exempt when they're certified in another state and they come to our state it's also found in the second page at the bottom that the license of a non resident insurance producer adjuster insurance consultant who leads his home state license go into well ceases to be active other words they lose their their right to practice insurance in their home state then we needed to have the ability to deal with that in our state it's a good bill is passed unanimously through two committees and was unanimous off the house floor so with that I'm open for questions any questions Senator Chesterfield is recognized for a question. Thank you dear. Senator John looking at nine thirty in the application for an insurance consultant license is exempt from the licensing education S. R. nonresident applicants so what we're saying is that nobody has to have a pre licensing education line thirty on page which one. One. Okay. Basically what happens with that applicants for adjuster consultant license they have to be they are exempt when they come into our state artistes license somewhere else but it seems to say here that an applicant for an insurance consultant license is exempt from pre licensing education as are non residents so it's saying both as we as I read this is that what you're intending I don't I guess I'm not quite following your question okay an applicant for an insurance consult lights and is exempt from pre licensing education as far not as and so that would seem to me that you're saying that people in Arkansas are exempt as are non residents again I didn't change that part of the law of the statute and see that hasn't been added or changed wording but what did change is that the out of state when they come to our state we don't currently asked them to go through more education to prove their licensure if we have a reciprocating agreement and you'll see later on and if they go into disrepair and that other state we do no longer accepted but you're not saying with this this. That people in the state of Arkansas our no the state of Arkansas have a full licensure thank you. Thank you Mr president it looks like in that line the to Senate Chesterfield reference under current law applicants for adjusters in council licensed or exempt and then only thing to this is doing is doing cleanup language to add insurance consultant licensed and then they put the adjuster at a lower level looks like it's clean up the language but I tried for tax exactly same is that correct that is correct thank you. It you wish to speak against for. It is close any objection on the vote. These role. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyways change of a. Cast a ballot thirty five yeah zero nine is the bill is passed return to the House of real quickly Senator Leding. The. At the beginning for the for the rest of the for the rest of the day yeah prospectively not retroactively Senator Hester. Should. What Senator Ballinger snacks Mr you have okay. Analysts and this is going to a little. Well fifty six by represented more than Senator Ballinger to amend the comprehensive criminal record stating active twenty thirteen one senator Ron. Senator Ballinger got the floor thank you Mr president this bill is is basically a bill that provides for an opportunity to demonstrate that as a state we believe in providing people second chances it essentially opens up or expands the the ability for us to actually seal individual records now it'll still have to go through a local judge will give the opportunity for the local prosecutor to object to that it doesn't expand it as far as the number of of a specific crimes that expand too so what what you think of as most the heinous crimes. Are not covered in this but what it does do that if you like currently if you've ever been to the department of corrections which I didn't even know this but if you've been the Department corrections you can't have the record still if you actually had a conviction prior to two thousand thirteen it's being interpreted it as not having the ability to have your records and so what this does is it provides a open those up in a given opportunity for more individuals to go a petition to have the record sale they'll still probably have to hire an attorney and go through the process to do it so it's not going to be everyone is not gonna be able to take part in this those who do you want to be able to get those sealed and and move forward with the last by that that ability to do that I'm happy to answer any questions about it. Any questions. You always speak against thank you for centers close. Without objective there's no objection one The vote please role of a Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyone was injured about. Cast a ballot thirty forty eight zero nice bill is passed returned to the house senator hill and this one has an emergency clause house bill thirteen fifteen by representative ball on center hill to create to create a state inspection program to amend the Arkansas meat and meat products inspection act to transfer authority over meat inspection to the department of agriculture and declaring a mark. Senate bill. Thank you colleagues as you all know during the pandemic we have a may supply shortage throughout our state throughout our country and everywhere hopefully this bill will help alleviate that if you think back two weeks ago we also had the same thing whenever we had a snow storm that we had first things on all the meat. The young from the store so now we have to try to replenish your spouse in the aisles and she'll go back up hopefully this bill will help us to appeal the meat supply chain but bring your livestock producers. Together along with being able to market their meat through processing so with this this bill does five things you create a state meet inspection program it transfers authority from apartment agriculture or to the Department I culture from the health department it ensures the preservation of the family farms and local businesses and enhances rule development. It gives communities ability to produce process sale purchase and consume local meat. It allows for improved intrastate sales from producers to consumers directly. This bill is more than just a cattlemen's bill this bill is a consumer bill this bill is offering consumers what they will consumer demand to know where the food's coming from that they're eating. What has it had happened to it during the processing time where is it coming from who's handled it. This gives us the opportunity to Arkansas to market Arkansas beef products who benefits from this a restaurant owners benefit from it Kalau them to advertise Arkansas raised be. Be produced by Senator Gary Stubblefield be specific to who members from. The restaurants can offer grass fed beef they can offer grain fed beef they can offer antibiotic free meat you know where you're at and what you consumers won't this is a consumer bill. Farmers market should flourish from the US because locally for local farmers can take their products in sale them directly to consumers in their area the north again as you see now kinda starting to pop up throughout the state just opened one in Cabot yeah retail meat shops coming back. Those me shops can advertise. Locally produced beef. Who really benefits from this greatly. The hunger last our food banks because they will be able to get get to be taken by on the thank you have a process they can give it away this will help us drastically feed the hungry and the needy in the State of Arkansas this part was given to us safely to however I feel that a lady came to Spokane Committee about this issue just praised how rate this bill was for the. Who were the big winners for this bill the consumers. And the cattle and the reason the cattlemen are because it puts more profits in their pockets he cuts the middlemen out something allows them to to receive some of the processing money that they've been shipping offer years to other states. With that I will take any questions you have any questions for the senator. Anyone would speak. Senator Davis. Thank you Mr president Senator Hill I'm just curious if you have gotten that seal of approval from Senator Dismang and more importantly Senator Hickey since we all know you can't do anything without Senator Hickey seal of approval. We have a great approval thanks Senator Dismang we have the have finally received the Hickey seal of approval on this I would see within here to hear this. Okay we'll voting for it now. Again. For Senator Clark. To speak for. The questions Senator Clark Is question. The Senator Hill you may have said this and but isn't it true back not that's not still true but back. During the spring and summer all the what we had a shortage of beef. A consumer shortage yes that we had of as you mentioned Senator Stubblefield my dad and I had counsel they couldn't get butchered so. And the I had a similar bill and found that the Joe had this one appreciate you bring but that it is true that one and we had a shortage yes transformers on the other hand we had counted report yeah back when we had a shortage we had people trying to get BVN haven't process there's a two year waiting list up to two years right so what they'll be looking at between two years now not even born yet so that's how for the waiting list is on that thank you for that question. The one we're speaking again for. Post to close any objection on the vote please roll Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace in which injured five. Cast a ballot thirty forty eight zero nice bill is passed. Richey closes adopted returned to the house Senator Hester in this bill has an emergency clause thirteen seventeen by representative Johnson Senator Hester concerning after postal package delivered to a person's residence and left within the protector of the residents in to make technical corrections and player in a margins service thank you Mr president the princess is just called porch piracy bill as we know the world is a changing and things are being delivered or porches more more and other prosecutors came to me just said look we we've got to have more of a penalty here when when this happens and as we know medical supplies and medications are being delivered to people motor stolen off their porch it becomes. A dangerous and not just inconvenient and be happy to answer any questions any questions. Senator Irvin question yeah what is what's the penalty for it you know what we do is the first class the is up to six years in up to ten thousand dollars it's severe but is the lowest level it's the lowest level of a felony from a misdemeanor thank you senator Eliot has a question. Thank you senator. Doesn't matter what it is. What the what the item is taken does that matter is it's like up to six years no matter what that item might be well in in the Class D. felony currently just Law it It defined basically value but this is a if you still somehow sorry I couldn't hear you because of in in the. Senate. In the current language if there's different values so you know like some things it's hundred dollars something's five hundred some things like to be still livestock it's two hundred dollars if you still something pulling gas it's a thousand dollars to their minimums depending on what what is. Thanks for is what it is that if there is some point at which there is no penalty say aye I don't know I've ordered a state law that was. R. twenty dollars is that something that for which you could still be punished up to a certain number of years for taking that from my phone or whatever again that there are there are minimums and that's what we have our prosecutors discretion I think if someone still something worth three dollars or ten dollars and clearly they would have discretion on how to handle that. Could you. You define it is it is it an open discretion or there's some parameters around their discretion to you know prosecutors have opened discretion they're elected and they can they can choose to charge you or not. Well that's kind of okay thank you. Any other questions anyone wishing to speak against. For. Centers close. Any objection role in the vote. Please roll. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace you wish to change their vote. Senator Tucker is no anybody else cast of about thirty three days one day the bill is passed returned to the House emergency clause adopted Senator hammer H. three thirteen forty six thirteen forty six by representative warning Senator Hammer amend the law concerning final average compensation Arkansas public employees retirement system Senator Hammer. Senator hammers got the floor. Thank you Mr president house bill thirteen forty six would change the calculation of final average compensation is used to determine the apers retirement benefits this bill would change the FAC to five years from three years the change would only apply to new hires only change similar what's already been acted in a T. R. as in past for Asher's this session earlier as well and it did come out of public retirement without any opposition to go take any questions. Questions anyone wish to speak against anyone wish to speak for centers close any make action on the bill. Please roll the vote Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore Hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyone wish to change their vote. Senator Teague. Not voting there is not anybody else. The cast of about thirty three a zero ninety one not voting the bill is passed returned to the house Senator Hammer second of two. House bill thirteen forty nine nights representative Warren. In center Hammer. To establish the every Arkansas retirement plan opportunity act Cerner. Thank you Mr president members of the committee would like to do is just over to the bill require Klay then take any questions eleven sixteen one oh three says this will be a multiple employer voluntary retirement savings program one of four covers all the employees no one player has had the privilege retirement plan within the last two years cannot participate state sponsored plan ensures no training from the private sector one five outline specific requirements plan must be compliant with all the research which ensures no competitive advantage for the state voluntary contribution for employers and individuals capped at a rollover study five thousand it to plan again prevent strain from the private sector all the contribution of five percent little Chloe can change that amount if they so choose to do so provides for direct deposit payroll deduction locks of fees and expenses two point seven five percent or seventy five basis points provides a one employee lawyers asset reaches six hundred thousand they must leave the state sponsored plan to go into the private sector it's kind of like a cedar in a plan for the private sector and the board will oversee and one oh six the board will that will receive a plan B. the treasure treasures appointee is from the retirement savings and investor peeled governor appointees small business sector secretary DFA second Director vapors retired individual appointed by Speaker house retired individual appointed by the Speaker pro tem Burchell Board service with no compensation and the board as a sponsor plan according with the rest of board or its employees is the petitioner if the plan important has removed Baker from small business owner and board must submit annual reports of the plan a joint interim committee in public retirement social security programs I'll have more comments in my closing be glad to take any questions any questions. Senator right then so. Mr president based on fact I'm on joint retirement and I do not think that there was a Senate quarrel actually present when this bill was passed through joint retirement I'd like to make a motion to lay this on the table that's a non debatable motion thank you. You've heard the motion. All those of favour say aye. Close. The lotus have a motion fails. Hello. Anyone else wish to be recognized if you have a question senator arms senator are. You wish to use your question. Take. Senator Hammer questions Senator. Thank you Mr president so just yes educate me on my interest on this so your employee and you put in this plan. Who like invest the money who who manages it just because I mean I understand like to try raise or you know things like that is how that plan works is similar to the five twenty nine plan isn't wow that I just know how that works sure thank you for the question senator garner the board will oversee the investments that will be a third party that will be contracted by the state treasurer so I would answer the question that weighed but primary responsibility is going to be overseen by the board that as I mentioned well go and it's also specifically mentioned in the bill who the who the board is made up of. Okay thank you thank you. Is your dumb questions at the is expected yes it but I'll I'll be happy to take questions these Senator Rapert did speak against it Senator Rapert is recognizing instant anybody speak for after that. Sir I. Okay Senator Rapert then Sir Chesterfield. Thank you Sir records recognize the. Members there's a little history on this bill this isn't the first time it's come before us and I don't know if you've gotten any these pink slips the reason you did not hear a lot about this bills because the people that ordinarily have come and lobbied for this bill which is a A. R. P. decided that they would stand down on this bill and is Senator Hammer knows nothing at all against him I spoke with him personally about this he was asked to carry the bill I don't even think he knew all the opposition that we've seen here in the Senate. What's the history on the bill the first time this bill ever came before you was actually senator Jake files. That was twenty seventeen. There were only five Republicans voted for this bill. And seven Democrats and it failed they went away. Just like a bad dream it came back again. He came back again seventeen. They ask a House member to run it I have nothing against a house member at all but he absolutely does not have any experience dealing with people as a financial adviser with the series seven license as all the people that are going to be affected in your district. Who am here has a series seven license in the Arkansas Senate. I do. I actually still have that license of made that disclosure retirement and make their disclosure now. It's so everybody in your district that works with Raymond James L. B. L.. Works with any is an independent financial advisor if their financial planner if you vote for this bill you just told them that the state of Arkansas is going to create a brand new entity that will be in direct competition with them. Is there a situation where we have an in this country where people are not using retirement plans yes there is it's not because they don't have access. You can get on your computer right now you can even set up your own retirement plan sitting in your seat at your computer. But you also have people all over your towns that do this business. And I just have a hard time and that's why I say when you're your your desks. Socialism will solve the world's problems free health care free education free food free housing free public transportation free child care guaranteed jobs paid vacations all sound so wonderful. Until they decide to provide that same service that you do. Senator sample they don't like the price of termite inspections and pest control so state of Arkansas is going to get into that we're going to go over Nashville we're going to start offering insurance because we think he's just a little too expensive and we're gonna go do that so we're going to come up we're gonna start building houses Senator Hester because you know what you guys charge just way too much money to do that. This is a Venezuela. This is Arkansas. And I wish that we could of had the memory on this and I'm sorry that it got three eight Hey they were sharp on this they stood down it was a sleeper cell in some of the same people that always supported never showed up because they knew that you not remember what happened will I remember what happened. It's bad for us to be creating a new program that's in direct competition with people to do business in our state I've got the article. Where we said this thing was defeated only got thirteen votes of already described it I've got the same bills and you know what else is very interesting when I look at this bill if you look on house bill thirteen forty nine on the second page at the very top. Now The got understand the last time this bill was filed was two years ago. It says there are five hundred thirty thousand private sector workers including employees etcetera that do not have access. The plans will guess what they had in twenty nineteen. They spent so much time on this bill that in the twenty nineteen bill they got the same number in there they didn't even update the findings. This bill is ready to be heard it's not ready to be discussed our road to lay the move related on the table so that we could discuss it a little bit more bring it back up which is a motion this advisable in this body when we have a situation like this but the end of the day we're not going to lay it on the table I guess we'll just vote on it. And I'm just telling you. I don't know about you senator Beckham but just because they don't like the price of propane doesn't mean they need to come to South Arkansan say Arkansas propane company is in business and now we're going to do that so all the people watching this today in this debate. You just better be careful because Arkansas may decide that they can do banking cheaper than Senator Hill can do banking. Do you know that there's a state right now in our country that set up the State Bank. They set up a State Bank. I'm just telling you we do not need to be in the business of being in direct competition against people now the bill I want to get I want to go for that for the particulars for you and then I'll take my seat or take a question you go to the third page of the bill. Let's go to this the stay on second page says in line twenty the Arkansas five twenty nine give plan demonstrates the feasibility of a public private partnership this is not the same as of five twenty nine plan people I've said the plans up for individuals five twenty nine plans were mandated by the federal government to have a state sponsor. If you get the American funds five twenty nine plan there's a clause this is this is the Virginia plan if you get the Arkansas gift plan it's the Arkansas plan. Sulur mandated but that's not the case in retirement plan senator Wallace. This just think about your businesses Hey we can do all of that disaster recovery clean up better than anybody in America because we can do it cheaper. So what we're gonna do is a Senate is we're gonna say we're going to come into the retirement business we're going to come insurance seventy five basis points. It would be cheaper than any of your folks in your community that's wonderful when you get the power of of government behind it when you got the power to under cut people in your communities that's something that we shouldn't do let's think about some of the other other provisions Adam for on your page four. Says down there on line twenty one that they will set out in the document the terms and conditions of the plan will who sets those terms is the legislature gonna have approval of this new board set up in the Arkansas treasurer's office. I wonder about that says it'll be professionally managed line twenty five and Mister by one or more trustees fiduciary's guess what who picks. Here's the here's the reality. You're gonna find some really large investment firm is going to come with the come up with a proposal. In this border is probably going to use them that may not even be an Arkansas company. And they'll set them up and they're gonna get all that business if people in mind went to your local Edward Jones broker your local Raymond James broker in set up one of those accounts they will not get that business in your communities. The other thing is is it you know what states have set this up. Oregon California Washington state Illinois every single one of them have been Democrat led states that opt for big government. Arkansas is not a big government state we do value free enterprise capitalism there are other things in here. Do you know that if if they enrolled in this plan that every single employee immediately has to participate in less they opt out. So we're situation that. She's not going to give the choice immediately the employee says I want in the plan are you just going to put him in the plan yes what else is in these provisions this board can automatically change the fee in the plant. Who gets to vote on it. I just think it's not ready and frankly even if it were ready. I think that we don't need to be in the business of selling the state of Arkansas up to compete direction directly against people that work in our communities. And if given their last two giving advice. The fact is this does not even state in here that they will even advise them in fact there's a provision in the bill it says senator Chesterfield that we have no responsibility for the performance or the choice that any of these people making this plan we're going to set it up we're going to give it to this big money management group let them earn a seventy five basis point fee but something goes wrong it's not our fault. I think that they need to be with paid professional advisors they can help them if this was an education bill to say we need to educate people on how to save and plan for their future I would say to do that one last thing in the bill be happy to point it out to you there's a provision in the rollover that mentions savings accounts. You don't rollover savings account money to a retirement account. It's an IRA. It's a four oh one K. they don't even have their terms right in the bill so I would ask you since within laid on the table to discuss it then was just vote no in not set us up into another boondoggle that we don't need thank you. Thank you senator anyone Sir Chesterfield recognized in favor of the bill. Service member speak against Sir Chesterfield. Thank you Mr chair and it's obvious to me that Senator Rapert is against this bill. it was obvious when we had retirement. And he was able to discuss it fully and we appreciate that discussion because his knowledge of his industry is very very strong. All I know is this a whole bunch of folks don't have a way to save. And this would give them the opportunity to do so. A whole bunch of folks. Have not taken advantage or not been given at the advantages of of all of this that the senator was talking about I just know little guys need an opportunity sometimes to just save a little bit of money in this would give them the opportunity to do so I appreciate a good vote. Senate doesn't speak against a bill. Thank you governor members and I think Senator Rapert hit on the competition issue but I think one thing to keep in mind is that this is going to be you know board of the state's going to manage it I mean any investment bears risk you cannot guarantee return or a positive outcome I mean that's I mean I mean that's kind of the principal. And what will happen in an economic downturn without a shadow of a doubt all those individuals that have placed their trust because there is a trust in the state. In this state will demand that they be made whole in this is something that we're not going to be able to do in my opinion again we can't guarantee that it's going to be a positive outcome in one day in my opinion when things are not going well in those that invested in place the trust this state they will come before us and ask for help I don't think we need to place ourselves in the position of having to do that thank you. Whom was referred senate Elliott use the centers left the well anyone wish to speak get. For. To speak for. Senator Elliot recognized for. Thank you governor I I did have a question and maybe perhaps a senator Hammer can help out with an answer to my question. And the people that we're talking about who don't have this opportunity for savings I'm wondering if in the industry Senator Rapert and maybes I Senator Dismang. We know all these people out there is there anything that the industry is doing proactively to help these people save for their retirements because to be easy to say that anybody can just open an account. That's true from your perspective and that's true from what a lot of people will do but even people who are most capable if they have enough money we will go after them as a client for us and we know that's true. So who goes after this person who is is making the beds down at the hotel today. Who goes after that person from changes your tire maybe somewhere at a tire shop if that person doesn't have it how does that work as a what up I think it's a problem because it's not that people don't have don't want to say they don't know how and I can't believe that if the industry all this time was really interested in helping them save what we going after those people because it would benefit both sides and so that's why I wonder if it indeed would benefit both sides. Question. I will yes. You make excellent points. And I can give you a real life example. Before I ever got into the Arkansas Senate. The city of Conway Arkansas opted to create a retirement plan to help their employees they did R. F. peas the consultant that actually helped them in choice of that plan happen to be Mr bill Phillips. That was the first time I interacted him and here's the point in this our fees were submitted I actually submitted a plan and you know what I had an opportunity with the American funds group to offer them the lowest cost plan that they could get that typically you had to pay an upfront charge to get. And you know what that plan one it was the lowest costing you know what happened people put in five dollars. Ten dollars. When I left and I'm no longer manage that plan now. Well over a million dollars had been raised in that plan for those firefighters in those service workers and sanitation workers and people question is typically I'm answering your question I'm on. What happened what happened Senator is that all of the people have access right now for all those people have access to an example when answers your question do you agree. I agree because I'm not familiar with anything that you said other other than what you said was it was about the city of Conway these are not the people we're talking about here we're not the the because you see there is a mechanism there that's already in place where you've got enough people that you would have an interest in the city of Conway all I'm asking is who has an interest in going right down to that too I don't know you you pick a place a small mom and pop place who seek interest and I'm not trying to be facetious or R. or even argumentative about it this is a serious question. If the industry is interested that group of people you've gone after them to get their business and if you have it you don't have the business and they don't have retirement that's why I think this is important and it's not even a lot of money then because I'm out to just try to create some competition for for folks but this is something that is just some kind of socialist plot or whatever I think is really not honoring the needs that these people have because it's real. And while I'm here. I want to just take this point of personal privilege and say this is the second time. And this General Assembly. We've had a disparagement best totally political from the well it happened in the house and senator Rapert you did here today by calling out places that are run by Democrats as if that's germane to our discussion and I don't think this is a place that we ought to be bring in those kind of parties sent comments to our discussions about an issue it's just has no place. And you want to apologize for doing that. Anyone wish to speak against the senator hill is going to speak against. Speaker for against against. On I believe more try to answer a couple questions that senator Chesterfield had and also Senate Centralia had you asked the question who's interested in these people savings to to get the retirement everything else. I don't know this a corner around this area in Little Rock Conway cap or anywhere in state of Arkansas we don't have a. A individual that doesn't appeal investments we don't have banks they do it insurance company to put someone's wanting a retirement account they are excessively anywhere in fact actually probably too many of them. The out there the way it is because everyone gets involved and invested in it but yes I do not know of a single person and I deal with personally that are in that that's in that line of business. It would not accept businessman wonder talking to so I think we have plenty of competition out there I don't think the state of Arkansas need to be involved in it I'm sorry. Thank you for. Sir Clark is going to speak on. Sir Clark. Thank you governor I was not aware of this bill today. And I certainly respect. The experience that Senator Rapert Senator Dismang Senator Hill hello. if I was looking to invest. to do something along those lines I would talk to people who know what they're talking about and even with mine. Little experience I saw some things in the bill that I would improve. Of I would if it were possible I would try to find a way that you could go that people could choose someone local except for us certainly don't like being in competition the state in a competition with local business. But on the other hand. I am a small businessman. We employed from were on the lower side of that now but it Boyd from fifteen to twenty five people. And the people that we employ. Traditionally have not had a retirement account of any kind. And no one is pursuing them and they're not going anywhere. And we are very unusual the. The in a company of that size that we have a retirement plan we have a already simple of. Which some people call small business four oh one K.. I learned about it not locally through business not through my friends are in this business but I learned about it because being with the American lumberman Association ace hardware at national conventions and I came back and said somebody tell me about this because of some I want to do for my employees. same thing with the cafeteria plans and so while I would prefer. That may be the approach was a little different. On the other hand I have a hard time because we have all these people who don't have anything but social security and are not going to have anything but social security. And the industry I haven't seen anything proactive and I'm not trying to be critical but but I'm just because nobody's come to me as a small business. And said here's what you can do because it's not just the person. Is the small business who would like to offer some for their employees and have no idea how to accept an offer they can't afford a four oh one K. of and so I just present that side of it the that there's two sides of this because I very much respect what you had to say but I also want to see people I have a retirement plan not sure what is the right thing but of certainly something needs to be worked out were were more people can say for the retirement you take a question senator all absolutely yeah you said that you have a simple IRA plan yes. That is a plan that all of your employees have an opportunity to be involved absolutely. So how is it that nobody's going after them since you have a plan that they have an opportunity to be involved in if they G. no no I want to Edward Jones were to print but I'm saying nobody ever came to me and told me about it already simple no one ever tried to what I would have prevented such a thing existed I went okay and so no I'm not saying that we're not serviced and and I can see how we wouldn't be contribute enough money for anybody to really that interested but right but the fact is you did set up a plan and it's available to them but I happens every single day around the state with people just like that thank you Sir thank you we take questions Senator Blake Johnson Sir Clark. Johnson announced for questions Senator Clark I do remember this in two thousand nineteen in previous sessions and I tried to encourage the NFIB is small business owners organization to make this is part of their benefit packages being a member that would be an excellent. Source for small business don't you agree I do agree thank you Sir. Okay senator are. Someone to speak against senator Johnson speaking against. Thank you Mr president. I want to start my remarks by apologizing to my friend representative Warren. I'm a co sponsor of this bill he gave me a thumbnail sketch of what it did and I said yeah I'd like to do that so I think people need help. Of the center span. Serves got the floor. Thank you Mr president. this will be the second time that I voted against a bill that I'm a co sponsor of and it's I'm I'm actually kind of glad I do this because at least it shows that we can all make mistakes and and I'm not saying that the mistake he voted for this bill I it would be for me Senator Rapert mentioned that this was supported previously installed earlier sessions you by a a RP and many of you all know again full disclosure back in the old days I was once a a contract lobbyist and consultant to a a RP a primarily working on Medicare part D. and some nursing home issues. But I learned a lot about the organization during that time because we were trying to help seniors get supplemental plans for a. For Medicare. And I did not whole lot about at that time course I was not sixty five sub one and there's budget into that as I do now but I learned that the Medicare supplement plans are regulated by CMS and what they cover all the same. The only differences are. How much they cost in are you know we're your regional or whatever they all cover exactly the same you can't come up with the supplement plan that's not one of the named and identified by letter I thank if the list is changed at one time H. was the the most comprehensive plan I guess a would have been the least comprehensive of. But I learned that that A. R. P. had a plan and it was three United healthcare and learn that and this is not knocking the A. R. P. or United healthcare I but I did learn that Arkansas Blue Cross blue shield was actually less in a call into question the whole concept of of plans and benefits that were were supported by the organization that I was represented and it it trouble me greatly. And I. I only say this to say that people come up with good ideas and then they wanna **** in and get some market place advantage which I fear. Senator Rapert I fear this might be I'm not convinced that it would be but I fear that it would be and while this may ultimately be a good bill. I am fearful that it might be a bad bill and when I see people who know this industry like Senator Rapert and Senator Dismang that that experience reservations then it it calls me to reconsider or outlaws on and again I apologize also to my friend senator Hammer I knows committee chair and he's doing what committee chairs have to do sometimes and but being a co sponsor I think I'll everyone apology on that but. I ask you to vote no. And then maybe we can come back but this is a better bill maybe we can clean up some of these things maybe we can can make sure that we reach out to people because I will tell you what in my world and if you got a computer and you don't get some kind of a thing in the and on the email or some say Hey we got some securities about we can help you set up your are in all this it's everywhere in my opinion Senator Elliot if there's no shortage of opportunities what we may have a shortage of education maybe the I thought about the bill that a representative Andy Davis had a couple years ago to to require financial education for our kids so they'll know about these things and rather than than being out there in the world. After being in the world just living also security when they got older they learn that they need to put a little bit away and think about their future and and that's that's probably an educational issue more than it is a financial management we're teach we need to teach the financial management that doesn't just mean balancing a checkbook it means thinking about when you're over sixty five so while I think this could be a good bill I don't think it is right now and so I'm going to vote no and I appreciate you all would take thank you Mr president. Oppose center ready to close. Please do. Senator David for what purpose do you stand I just need to make a disclaimer and disclosure my husband is a financial adviser and so I'll have to that present on this bill thank you. Your partner disclosure Senator Hammer please close. Thank you members for the healthy debate today I'd like to close by address in just a few things that were said in response this is farmers who has helped participate in the development of this bill I want to point out to that this bill was filed on January twenty ninth that's over forty five days ago I also want to point out that handed out in the committee meeting and made available prior to that was this report that has been out there for quite some time developed by Angela in the timeline I'm not sure about that Angela but anyway a report put out by the Georgetown university of school of public policy has a lot of valuable data in it a lot of valuable information I guess the one thing that jumped off the page to me is on page three of this report which some you all seen specially if you're in the public health public retirement committee which let me say I was chairing that day also more than a quorum present for the record Arkansas ranks as the second worst state in the nation in the percentage of its elderly population that currently relies on social security for more than ninety percent of its income the only one that beaches once again is Mississippi the groups that have participated in the development of this and I'm not gonna lie yes A. A. R. P. contributed but they were not the drivers I want to share with you does that contributed National Association insurance of finance advisors have given their support for this a person for this group will have a seat on the board shall be appointed by the Arkansas treasurer Arkansas bankers association is neutral but a meeting with the members said this program would reach a segment of the population that they are not reaching these accounts are far smaller than the business say look for and one of the points that was made by the bankers was that they love the fact that once the employer's account reaches six hundred K. they'll be for solid program into the private sector. Consulted with the a a researcher tourney who also testified in committee Craig Westbrook and the concept that began many years ago originated from the heritage foundation which most of this claim as a conservative organization the report was provided to most of you as I referenced a minute ago and it shows both the red and blue states and yes this is being defeated in some states in some states are accepting it I will let you be the decider today as to what you think we ought to do as a state with regards to some of the comments that were made in some of the responses I'd like to get. I will not call you out personally by name nor will I call out who my investor is of my funds which is a national organization I called him and I said I need you to take a look at this bill and I need you to tell me is it going to hurt you. He pulled it up and he looked at it and he said we don't even go after those people. We don't even go after that population because I spend more time and gas driving out there trying to get if you to sign up then it's worth my time and he was a being insensitive I'm look at caught up in the emotion of the moment he's a he's a very kind hearted individual are the reason not going to college name nor am I going to call out his business is because he's a part of a national organization. But I want you to know that's what he said and he's in the business. Somebody made a comment about well we're going to need to come in the bail amount of things turned down I think we're about to bail out the teachers again I think we're about to bail out the state employee's again on their Yes it is a bad thing to live in fear. Twersky a poor person who lives in fear everyday appreciate a good vote. Ballinger. Ballinger. Beckham. Beckham. Bledsoe. Caldwell. Caldwell. Chesterfield. Clark. Davis. DISMANG. He. Elliott. English. English. Flippo. Flippo. Flowers. Garner right. Gilmore. Gilmore. Hammer. Hendren. Hester. Hickey. Hickey. Hello. Ingram Irvine. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. Leding. Page Rapert. Rice rice. Sample. Stubblefield. Stubblefield. Sturch. Sullivan. T.. Tucker. Wallace. Wish to vote or change their vote Senator Garner is no anyone else. Not voting Blake Johnson okay. President sorry president and Senator Hester no. Senate Gilmour NO cast. Of the ballot. Fifteen year is nine days five not voting from present one leave they'll fails. What those. You heard if you make a motion please come down to the wall. I move that you're. The motion all those of favour say aye. No older. The nose the motion. So recognized like makes motion that they'll be expunged on which vote on which Bill failed police you've heard the motion to expunge all in favor say aye. Those against. The ayes have it motion carries. Senator hill. House Bill Fortino seven by representative on streaming Senator Hill to modify the method of calculation of stabilization tax in certain circumstances under the division of workforce services law. Please get senator hill your attention thank you Centerville thank you governor. This bill is an actor modify the method of calculation the state late stabilization tax in the state of Arkansas basically what we're going to do is hold twenty twenty two at the twenty twenty one right which is point two percent the same election tax is an unemployment tax obligation that is owed in addition to the employers base for the unemployment insurance tax rate. All we're doing is holding everything for the year twenty twenty two to be the twenty twenty one. One zero related ten people talking at once. Please. I'm closed. Centers for. We can hear that the. What made it anybody get any questions they always speak against or for centers closed any objection on the vote please role of a Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyone wish to change their vote. Cast a ballot. Thirty four years zero days the bill is passed returned to the house Senator Stubblefield Hester fourteen LA nine representational Lundstrum is Senator Stubblefield to amend the painting women's health active twenty fifteen and requires the act to apply for funding through the Arkansas Medicaid program. System thank you Mr president. House bill forty note Fortino weight simply codifies the existing policy but not reimbursing abortion providers with Medicaid funds. If you remember back when the governor two thousand fifteen. Senate policy that would no longer reimbursed Planned Parenthood from Medicaid expenses well this policy was upheld by the court it currently stands so this this bill will put the policy into law. Any questions or wish to speak against for centers closed the objection your. These. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Anyone who wish to change their vote Senate Chesterfield's NO. Senator Elliot. Senator Leding is no anyone else. What. Senator Tucker no Senator Tucker is no cast about thirty age four days the bill is passed return to the house Senator Hill. Fourteen oh nine The representative on stream in center hill to modify the definition of wages in certain circumstances and under the Division of work for service law. Thank you governor this is another build similar to what we go this is the the unemployment wage base amount of wages for which an employer pays unemployment taxes we're capping it again. at the twenty twenty one right for twenty twenty two no fiscal impact whatsoever to the state of Arkansas. Any questions Senator Senate Phil has a question. It means that the what. What exactly does that mean but what that means is that uh then the federal tax or in the state taxes that we pay on if you make ten thousand dollars they pay taxes on that so we're camping that we're does not go up. Okay so this is about not paying your taxes that out of that thank you. To speak for for. Centers close he has close any objection rolling the vote please roll the vote Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace you wish to change their vote. The ballot thirty forty eight zero nice bill is passed returned to the house. Senator Clark Senator Teague did your birthday today. Senate. Your board. anybody recognize that so many. What was. All right. The board center. Senator Clark Sir Clark there is coming House Bill fourteen forty five a representative for the current senator Clark. Determine the appointment requirements concerning the board of visitors for technical college. Sir Clark. User next. Thank you senator Clark got the floor. Thank you governor. This act. Changes the way that the board of visitors for technical college or pointed from the governor appointed to prove by the Senate to. The board of trustees of the four year institution deciden help they'll be. Pointed. Sure. We got your bill and all. The. This will change the way. I am expert sentence so short I'll just read it to you US Arkansas Code. Skip the numbers concerning the appointment of a board of visitors of a technical college is amended to read as follows. Membership of the board of visitors and then they did say currently says shall be appointed by the governor subject to the confirmation of the Senate and the terms it would now say including the number of members terms of membership and method of appointment of members shall be decided by the board of trustees of the four year institution of higher education of the board of trustees of the university system that serve all that underlined his new law everything scratched out is. Current law. I'll be glad to take any questions. Senator just. Thank you Mr chair and thank you senator Clark for taking my question so you are removing us totally from this process as members of the legislature is that right. That's what this bill does your senate Chesterfield could could you please tell me just what. Since we want to be involved in everything else why don't we want to be involved in that. I can't tell you have a good answer to the questions Senator Chesterfield. What you're doing it for a reason okay so we're talking about the troubling and I'm I'm quite frankly Frank it's it's troubling me that you're removing this the Senate from the totality of it but you're talking about allowing people people within the system to appoint them sales. Yes why is that why would you think that that would be a better method than the one we currently have what we do have input. That's a good question center Chesterfield. Any other questions anyone would speak against. They were speaking for Senator Sturch she would like to speak in favor. Senator Sturch thank you Mr president colleagues in Education Committee yesterday was brought up that we've actually done this already for community colleges it only happens when they merged in with a system or with a four year university so therefore we did not do it for technical institutes and it's the same process a board of trustees at a technical institute or community college becomes a board of visitors when they are wrapped and then with a system or a four year university I appreciate a good vote. Anyone. Yes or for Senators ready to close. Senator. You're gonna speak against. Are you changing your mind okay I. These clothes I am close to appreciate a good vote he's close any objection on the vote. There is an objection or several so please call the roll the slow Wiseman sector. No we're not rolling no matter. Ballinger. Beckham. Bledsoe. Bledsoe. Caldwell. Caldwell. Chesterfield. Clark. Davis. DISMANG. DISMANG. Eads. Aids. Elliott. English. English. Flippo. Flowers. Garner. Garner. Gilmore. Gilmore. Hammer. Hammer. Not. Hendren. Hendren. Hester. Hester. Hickey. Hickey. Hello. Ingram. Ingram. Irvine. Irvine. Blake Johnson. March. Leding. Leding. Page. Right. Yeah right. Right. Price. Rice. Sample. Sample. Stubblefield. Stubblefield. Sturch. Sullivan. Sullivan. T.. Tucker. Tucker. Wallace. Anyone wish to change their vote. Or vote Senator Dismang hello hello hello Senate is amended. You senator Bledsoe. Senator Hester is no. Anyone else. Senate president anyone else we're about to go. The ballot. Forty eight sixteen days twelve not voting to present and one only. Bill fails us once. Governor. Sir Clark looking like to move that we expunge the vote that house bill by which house bill fourteen forty five failed. You heard the motion all those of favour for the explosion say aye. The expungement fails. Senator Bledsoe United surveillance of. Fourteen fifty by representative Maggie and senator Bledsoe. Our health benefit plan to provide coverage for early refills of prescription eye drops and to establish the Arkansas coverage for early refills of prescription hydrops Act one second so it was a. Senator Bledsoe please. Speaking forcefully entered very hard to hear back from I'm here to go around the birthday birthday yes. Go ahead Senator thank you Mr president ladies and gentlemen of the Senate you have the best bill before you of the whole day this is truly going to mobile this is going to do something for people that is good and this bill if you look at your bill after the definitions starting on page three line eleven it talks about how these older patients who get eye drops for blinding diseases like glaucoma and in trying to put these eye drops one drop in each time they run out of eyedrops about the twenty second day and so this bill says that on with the prescription from your doctor you can get more eye drops right now if they run out they cannot get any more medicine because they can't pay for it and with just going through a week without these drops many of them will become blind so in this bill the doctor can order more on drops and then the patient can use them and it will prevent the blindness in I'll be glad to answer any questions. The Senator center for any other questions no question any questions at all anyone would speak Senate question is why even you always speak against and we're speak for any objection on the boat. Please roll and secretary. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Tucker Teague Wallace. About thirty forty eight zero nine the bill is returned to the house Senator Ballinger house bill fourteen fifty five by representative Collins incenter Ballinger to amend the law concerning the conveyance of real property by power of attorney. Senator Ballinger thank you Mr president this is a real simple clean up bill for the Bar Association basically because change the changes the word letter to power we draft powers of attorney that's common form we don't drive letters of attorneys to just bring the code and into a consistent with the practice of really is just a cleanup bill any questions anyone would speak against the four senators oppose any objection rowing the boat please role but. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyone wish to change their vote cast up the ballot thirty forty eight zero nice bills pastoral House Senator Clark Is Senator Clark fourteen seventy two representatives Cozart Senator Clark concerning the Arkansas school for mathematics sciences and the arts to amend the composition of the ex officio members serving on the board of visitors Intermin eligibility requirements for instructors Senator Clark. Thank you governor should run this bill first. Of. This bill concerns the Arkansas school for math science and arts and it does two things it allows three more people to be ex officio members of of the board of visitors and it allows of. Teachers there to have a professional right I'll be glad to take any questions any questions anyone wish to speak against or for Senators close close it's a good bill appreciate a good vote. Any objection role in the vote please roll. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace you always change of a cast of the ballot thirty forty eight zero nine the bill is passed return to the House senator Gilmore this bill requires twenty four votes. House Bill fourteen eighty eight the representative Gonzalez's Center Gilmore to amend certain provisions of Arkansas Code that resulted from initiated act four of nineteen forty eight four five the workers compensation law to declare an emergency actually county's very own Senate bill one. Thank you governor members as bills very straightforward codifies governor's executive order allowing COVID nineteen to be recovered for injuries under workers call appreciate a good vote. Senator hill has a question we take questions Senator whole may be. Are you expecting to would nineteen be around forever now that the reason you're writing this to that this expires in twenty twenty three so we hope that will be the case but if it if it is then we can extend it further thank you Sir thank you any other questions are designed. Thank you to ensure that it is that I don't know the on the legalities of the the wording but I think part of this is. Possible and I and and this is under this year's gives. I mean I've been a little bit worried that we we're setting up because of action by having some of the things in places unit in particular the wording so. In that paragraph we're you know pretty much says it in an action can be brought is. Earlier Sir whatever it talks about possible well I mean what we know about co that is is that anything's possible and I'm not trying to be facetious when I say that I mean truly. Any one of us in this room it's possible that we have code incident were to give me a little bit of positive term but I'm guessing it's something that you already discussed may be we have okay so if you could walk me through that not long yes possibles likely or certain we talked about that just you brought up some good points it is very possible that anyone can contracted that's also why we included likely or certain I will point out that the it does just codify with the governor did it's been around it's obviously I think work the other thing I will point out as workers comp board is also good with that no no opposition that I'm aware of. For any objection role in the vote please roll Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace you know was injured vote. Senator Tucker you have your hand. Okay hold on anybody want to change their vote cast of the violence thirty forty eight zero nine is bills passed returned to the House Beckham. House bill forty nine six by representative Gonzalez. The specified terms regarding termination by other Cremins contract for employment for president and chancellor a state supported institution of higher education shall include. Senate back. This bill changes the. just as the contracts were chancellors or presidents for universities have to have a. The closer they can be term terminated for calls and remitted no more than twelve months. Okay can be made with state funds after their terminated. At any questions anyone wish to speak against for any objection on the vote is over. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace you always change your vote. Cast up the ballot thirty four yeas or nays bills pastoral Sardar. House Bill fifteen oh six by representative Shepparton senator garner prohibiting the use of a hard law. Sir Clark thank you this is kind of like and to the co what we thought was already in there and puts into the terrorism offense explosive in center device or a hoax bomb and there's party code says they're hoping substance but this just clarifies a hoax bomb revenue generated two years ago there was a hoax bomb set up that they treated as a regular bombs that figured out later that it wasn't and any calls fear the community just kind of expand that to make sure most people think this is already in the code but it kind of clarifies that I'll take any questions any questions or speak against four centers close close any objection on the vote. His role. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice. Stubblefield Sturch Sullivan Teague Tucker Wallace it was change of a cast of about thirty four yeah he's here nice bills pastoral House senator Gilmore. Gilmour we're gonna go to HB fourteen sixty two which was the subject of the center Chesterfield previous motion and we will go to a motion by Senator Flippo Senate bill Moore house bill fifteen twenty one by representative McCollum and center Gilmore to codify the executive orders twenty eighteen in twenty thirty four to ensure the healthcare professionals are equipped with the tools necessary to combat COVID nineteen and declare an emergency check out more than governor members again this is another executive order from the governor which is codified it expires and twenty twenty three so hopefully you know we will be passed the code pandemic at that point this just give some protection to health care workers you know if they do efforts in good faith to protect or heal patients that you know the consequences of those actions not held against them so with that I'm closed any questions that or speak against for Senator Elliot is recognized for what purpose. Thank you senator I have a question Sir senator I'm just. I was trying to re read real fast here because it and I didn't quite understand protection for healthcare workers is back having to do with liability are we it's not part of what's being uncodified. That's that's the main deal yes ma'am it is it is the reliability however I will point out that any willful reckless or intentional misconduct would not be covered obviously. Willful or reckless and willful and reckless that's that's proper the way it's to find a legal definition yes ma'am okay thank you thank you. Can't for for any additional or closing objection on the vote please role of. This has emerged. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace if you wish to change their vote. The cast of about thirty forty eight zero nine the bill is passed returned merger closed up to return to the House senator Chesterfield H. B. fourteen sixty two house bill fourteen sixty two by representative Scott to allow state supported two year or four year institution of higher education to this for months current staff members of the institution of higher education a homeless and foster student liaison. Thank you bill thank you Mr chair ladies and gentlemen of the Senate this bill is designed to address the need of a population that we don't often think about and that is those young people who end up going to college thank god but who are homeless or foster children and it will allow colleges of education or college is period excuse me to a point early as and they don't have to hire anybody else it's in County permissive but I think it is so very very important and I would appreciate a good vote. Anyone wishing to speak again I don't see any also you senator garner who wants to speak for the bill. Senator garner recognize Senator feels bill senator garner. These issues center Chesterfield which needs medical attention from her heart. Palpitation eighty seven let me just say that in support of bipartisanship as he spoke so eloquently about my bill your state is sometime bills like this you think just kind of slip through that don't seem to have a big impact it can have the biggest impact at all and I appreciate my good colleague and friend center Chesterfield bringing this bill these people who are in that situation will have somebody there on the corner it's free the colleges can already do it is good us to recognize the small bills make a big impact thank you. For Senators close family she is closed by any objection role in the vote please Rolette Senator Flippo as. Ballinger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang Eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill Ingram Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace anyone wish to change their vote cast up the ballot thirty forty eight zero does the bill is passed returned to the house of the flip phone is recognized. For a motion please Mr president your attention. There's a re referred senate bill three ninety nine to state agencies. Those. the motion is carried. Any announcements any announcmenet center would like to make an announcmenet Senate. Thank you Mr president we are trying to catch up on our schedule an insurance and commerce so members please try to get there soon as possible trying to get done with the day's work. Any other announcements. Any other announcements that a yes or anybody in our day to day putting my son John happy birthday. No more now this. Sisters clearing. Senate is adjourned enjoy one o'clock Monday so I got it subject to the clearing of this beautiful that.