Senate Convenes

Order ma'am please call the roll Ballenger back come late so Caldwell Chesterfield Clark Davis Dismang the Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey hill Ingram Irvin Blake Johnson mark Johnson leading page Rapert Rice sample Stubblefield Sturch Sullivan T. Tucker Wallace. Everyone please stand gallery. Senator garner leads. Thank you let us pray. Your god we just wanna take a moment to recognize who you war. The awesome power you have to courageous heavens and earth for what you mean to us here on earth. Yeah I would just wanna take a minute to think about how we're all centers we all fail to live up to that perfect grace that perfect standard you set for us but through your love and forgiveness you always brings back that's what we need to be. Because we sit here today we will be thankful for all the blessings we have in life for my family truck careers to the great privilege that we have to sit up here to represent the people of Arkansas and our capacities in the Senate and what that means and what that work does to help influence people's last and got finally I just wanna say please allow us to do your work we'll have disagreements we have things we disagree I want to move forward but at the end of the day we're all blessed to live under your saving grace we're all came from the same source your great love S. as in Jesus and god's great name amen. Plus. Which is. One. Individual. Subscribe. Senate. Ballenger. Any announcement. Sturch. Senator has for command the full. Thank you Mr president I wish we would all recognizes me the doctor the day Dr Carolyn Reese from internal Medicare and centers in Arkansas in my district thank. In our nurse the day as usual miscarried thank you. Sir are. Thank you for that you look up in the gallery here I have my legal extern scouts noting who is underneath me this semester he's still going to be an attorney and quit law school yeah so nobody talk to me my change of mind thank you all so much a big round of applause. Centering recognize. I want to thank the body on behalf of my wife and my sales I think we're going to apparently break the flower Fund here which all provided some gorgeous flowers for me during when I had my next surgery and then of this week my wife had a stent put in money and and she a receive some flower she's doing great and it brightened her day tremendously and I just wanted to thank you all one other thing that I want to mention of we don't have to go back to the two thousand and fourteen when we had that ice storm and all hi fifty five I know there were vehicles stuck for eighteen and twenty hours a day thank goodness we you know sprang into action down here and we call the highway department down and and sort of write them over the coals about how could this happen in and and then the highway department set about a plan you know they had about eighteen million dollar plant and I think we be very very remiss because when sometimes in government when entities do their job we don't recognize and we only time we recognized was when they don't do their job but I could have been proud of the job that the Arkansas highway department did on clear and our roads during this unbelievable storm and and Senator Hickey what pleasure any our cans and takes in seeing that picture of the highway in the dividing line where our side was clear and they're sad was he was snow back gosh I think we all to give the highway department a big round of applause. During the search what you have about from a recognized entering was for a motion. Thank you thank dispensing colleagues we don't have any constituents coming to visit hardly anymore but I did have a young man his parents come in and be with me today I just want recognize the walling family from back home Lucas is sixteen an interest in politics so if you don't mind to go in and mention something to him so he'll be talked out of it. Thank. Senator. English. Any other wrecking there any other announcements. Any announcement. Okay there any items to read across. Yes Sir do Mr President this is to inform you that on February twenty four twenty twenty one I approved the following measures to the regular session of the ninety third General Assembly. Similar to twenty seven ACT one forty eight Senate bill one oh four at one forty nine Senate bill one of six ACT one fifty Senate bill one seventy two ACT one fifty one Senate bill two twenty eight ACT one fifty two. sincere I ASA Hutchinson governor. Well your committee on engrossed bills to whom was referred Senate bill twenty four by Senator Ballinger Senate bill thirty two by Senator English Senate bill eighty eight by Senator Hester Senate bill two hundred by joint budget Senate bill to thirteen by joint budget Senate bill two fifteen by joint budget similar to sixteen by joint budget said bill to twenty by joint budget similar to twenty four by joint budget Senate bill two forty five by Senator Blake Johnson similar to twenty two sixty six by joint budget symbol to sixty seven by joint budget similar to sixty eight by joint budget similar to sixty nine by joint budget Senate bill two seventy by joint budget Senate bill two seventy one by joint budget said bill to seventy two by joint budget similar to seventy three by joint budget to the Senate bills to seventy four by joint budget symbol to seventy five point nine Joint Budget Senate bill two seventy six by joint budget. Similar to seventy seven by joint budget symbol to seventy nine by joint budget similar to eighty five by joint budget similar to eighty six by joint budget we compared the enrolled copies with the original and same correctly engrossed and delivered to the governor ten fifty eight AM for his approval follows. Tweet your committee on engrossed bills to whom was first Senate bill two twenty five by Senator Blake Johnson compare the engrossed copy with the original balancing correctly engrossed. Three your committee Committee on city county local to whom was referred Senate bill one twenty seven by Senator Englischer recommend to pass calendar Committee on city county local to whom was first Senate bill one seventy nine by Senator Blake Johnson recommend to pass. Committee on city county local to whom was first Senate bill two ninety four by Senator Flippo recommend to pass calendar Committee on city county local to whom was referred Senate bill three oh two by Senator Ingram recommend to pass calendar Committee on city county local to whom was first Senate bill three three thirty eight by Senator eats recommend to pass as amended number one. Senate your committee on city city county local affairs him is for house bill thirteen seventy a Representative Brian recommend to pass calendar. Per your committee on transportation to whom was referred Senate bill three thirty three by Senator eats recommend to pass dollars committee on transportation to whom was referred house bill eleven ten my Representative makes recommend to pass calendar committee on transportation to whom was referred house bill twelve sixty five by represented board recommend to pass yeah. Senate concurrent resolution seventy by Senator Irving Bledsoe Davis in English. To encourage the percent of national Cancer Institute designation by the with the Rockefeller Cancer Institute if universe of Arkansas for medical sciences Senate concurrent resolution seven. Senate bill three ninety six percent Irving for the University of Arkansas for medical sciences supplemental corporations a lot three ninety six. Senate bill three ninety seven by Senator Irving Bledsoe Davis in English to create the higher education consumer god Act Senate bill three ninety seven education Senate three ninety eight by Senator Caldwell an act for the department of agriculture development enhancement appropriations in the three ninety eight. Joint Budget about three ninety nine by Senator Flippo to amend the Arkansas law as it relates to mandatory state contracts entered Sam state agencies for mandatory state contracts in certain circumstances it's about three ninety nine status symbol four hundred by Senator Flippo to clarify the law concerning the time for submitting a protest under the Arkansas procurement lawsuit before hundred stayed at the four one by Senator Flippo to amend the Arkansas chairman law to make technical change in German the law concerning the approval of quantity purchasing agreements Senate bill four one state agencies. This is Jen doll. Stormo Senator English. Considering what we can be thirty one do you have a referral based on before we get to SP thirty one is there a bill that you'd like to re refer. Yes yes re referred. Thank you to re refer a bill Levin hundreds you insurance yes that's correct right to re refer yeah Senator English. Thank you motion re referred H. B. eleven hundred two judiciary all those in favor say aye. Close as. Carried. Thirty one by Senator English to amend the components of a college and career readiness assessment. During. Thank you members is so does is it adds an assessment to the for of high school students juniors and seniors to be able to take a career readiness assessment it is a voluntary thing just like the ACT is but it gives students an opportunity to have one more assessment to determine whether or not they're really qualified and capable of going out into the workforce are often to college so we have some schools around the state who are already using this as well as communities it's a wonderful opportunity for communities to show how well their workforce is prepared for new employers so I think Springdale. School of innovation is using this in the students find it. Almost as important to get the scores from this program as they are from the ACT so thank you any questions. The question do you wish to speak against for. Shares closed. Action on the boat. These rules of the Ballenger Packham Bledsoe Caldwell Chesterfield Clark Davis Dismang E. Elliott English Flippo flowers Garner feel more hammer Hendren Hester Hickey hill Ingram Irvin Johnson mark Johnson leading page Rapert Rice sample Stubblefield Sturch Sullivan T. Tucker Wallace you wish to change the. Saying aye cast about thirty forty eight zero days the bill is passed. Transmitted to the house Senator English. One sixty three by Senator English to create the Arkansas military affairs council act to establish the military affairs grant program and it's clear an emergency thank you members this subdivision include puts into law the Arkansas military affairs council that some is in with the ATC that was an executive order that former this of Commission and two thousand and seventeen and this makes it a part of the Arkansas Economic Development Commission but it also provide to counsel across the state of Arkansas for military affairs. I have a question. Senator flowers. Question. Yes thank you senator English you know I'm from time blood and up above our she was mentioned here located in white hall I know it's it to be located on lands that are situated in pine bluff and white call in Jefferson County and I noticed on the website for the. Arceneaux the address is listed as a top ten two zero two okay brick circle in pine bluff Arkansas and I want to know from you why do you have it limited to White Hall. That in this bill. Yes. You had a couple at least locations on the second page you have online nine. No is. Arkansas and then you have it again later in the bill every time part of our state was referred to you have inquired a call Arkansas. Their website give that address I just gave in pine bluff and so. I want to know this is a Senate bill if you would amend that if you if you insist I have white hall is part of it it's located in pine bluff and White Hall and I think because it's listed on their website as well. it should be pine bluff Arkansas. So are you looking for an amendment. Well or at least let explanation why you have it in white just the way it gathering information on all the military installations across the state on state obviously somebody made a mistake. Well I hope that you would correct it would you do that yes. Thank you that's not a problem thank you thank you. Senate pulling it down. Or do you want. Hi Alice's referred back to committee okay all right. Thank you for any committee of the favor say aye. I have a motion carried. Bills referred state agency senator garner. Senate bill one seventy by Senator Garner prohibit the unlawful Danzig a minor of a social media. Thank you governor on January eighteenth two thousand nineteen a group of Catholic high school students from Kentucky for our nation's capital take part in a celebration of infirmity on Christians the March for life they were the Lincoln Memorial when a racist extremist group known as the black Hebrews Israelite stood in front of them. Talk to them over and over again. The group there was there to antagonize and talk pro life people. They say the group of fifteen sixteen year olds were six were easy targets and shouted very terrible slurs and garbage at them. Young boys in response to taunts from grown adults tort reform school spirits to counter their actions. And that's when the trouble really started. You see that same day there was a March for indigenous people all the participants in the March Nathan Phillips unknown activist misinterpret the boys chance as mocking the indigenous people he walked in the group loudly planes drum confronted the boys aggressive plan is drawn one of the other people in the group had a camera. If the only young boys smiling in a matter hat. He chose not to retreat. Mr bills play the drummer from him your last of roughly about ten minutes words were said including terrible things by both sides the boys well acted manager for sure I never did anything hostile or anything that could be interpreted as role. But then the video went viral. Many of the wonderful national news media such as CNN the York times inbox exploded the BDO paint a false narrative of racism racism magna kids taunting an indigenous person. It got so bad the boys start to receive death threats from all across the nation. Kathy Griffin the terrible comedian actually said they should be hunted down at their houses and taking care of. It got so bad for the boys actually had to shut down their school for a while due to the threats. L. postscript that store the boards were eventually exonerated they want a massive settlement against major news organizations. But that it made me start thinking. Today's world for minors to be exposed to this kind of doxing now formally can be is something we have to address here in the state of Arkansas like many people across the nation many states or start to move down this path as well the federal government center cotton center Bozeman heavy federal piece of legislation to deal with doxing is a real issue that we need to address here in state of Arkansas. So that's what this bill attempts to do. This bills have three main parts first defines what communication is taking calls a reasonable fear to the minor you can see the elements there to frighten coherence in even more. If that minor bills here's that and then believes a reasonable fear there can be a penalty. The default is a Class B. misdemeanor class A. misdemeanor skews me I can go up to a Class D. felony depend on what the amount of damages be either physical or monetarily. Doxing is a real issue and something we need to address your state of Arkansas and with that I'll take any questions. Thank you thank you for taking my questions Garner has is different from the cyber bullying bill that we already have on the books great question communications actually that's why I took the language from the distinction is the minor having that reasonable fear for their physical safety so there is a difference because I know I I sponsor the cyber bullying Bill yes ma'am and I actually trying to figure out even though you've changed the terminology cyberbullying cyberbullying so I'm just trying to figure out the difference yes ma'am I actually use that great piece of legislation as a model right. What I would say is while that is a great step. What we're finding is doxing is actually a more punishable crime with more penalties and more of a consequence because kids are being bullied online get their information on there and actually being targeted by outside groups to shore but their house so so I'm going serious we should not negate that but it's a it's a Morsi recipients I'm sorry. Senator. Thank you senator garner and for bringing the bill question along the same lines so for an example is someone post something on social media that is false it results and that. However they posted about with a false statement they accuse them of doing something they didn't do you perhaps and then that resulted in their name being placed out there and then threat of I'm going to kill that person or whatever as an example of dog clean because you've now across the line of fiber bullying you're actually now identified a person in a false accusation which may or may not have been even in the course of ten but then it's resulting in actual life threat on that individual but not be an example of what doxing is yes ma'am so the first element is you have to use the communication is critical hers actually one in ten horn as a big major port secondarily the minor has to see it understand it and then be able to have a reasonable fear for the safety so you know take that great of bands you know she's that climb activists about put on Facebook mean I hate her politics I'll never get charged for dogs but if I could I hated politics Joe Gater here's our address then I would be doxing her and it's a crime to go get or that's the distinction within this law only applies to minors or all just minors I thought about expanding and more the problem I see with that is the. I want to start with minors because it's such a critical need special with our suicide rates in our minor community that if it's successful like I think it is we can expand it to more people I think it comes a little bit more complicated when you talk about adults going after each other and how that is I think we understand as a society are minors have a different level protection that's why I want to start with them I think it's a good place to start a final question but I do think when you look at the college and then the twenty to thirty year old age group there at all but dot it's very very prevalent in that. Three of the of the citizens. You may look I would I would support expanding that to be honest thank you for bringing the bill yes ma'am. Thank you governor sent around at a couple questions for you my my first one piggyback softer after what senator Chesterfield was asking you and you said you basically use a similar language from a cyber bulling legislation that's on the books and so I'm trying to understand the ways that this is different than cyber bulling and and and and I want you to correct me if I'm wrong but I basically understood you to say that one one differences discounts when. The communication causes a minor to be in fear of physical injury and I'm guessing the second major difference would be the punishment for this is worse because of that person friends do I have all that correct yes Sir that an element of the crime the communication I took exactly from the cyber bullying the difference is I believe in cyber bullying is a pattern of behavior this is the the reminder has a reasonable fear for their physical safety then the distinction is you have a tiered system to punishment up to a Class B. felony okay the Senate my next question is what do you recall what the summer bowling what the punishment for summer billing is is a Class B. misdemeanor so as if he has a lawyer yet yes Sir B. as in a beta this is the default is a Class a showing of distinction a little bit more punishable crime and if you have that terrible case what they commit suicide because of it then you can go all the way up to a Class B. felony I don't think that'll be the default for most prosecutors will be option if it's really but deplorable behavior okay. With. Your permission I got two more questions the first question is. You define doxing in here on the on page one but then lower it says that when you're talking about the crime I'm on page one line thirty four it says when the person knowingly DOCSIS or and then you've got some other stuff in addition to what you had defined as doxing and I'm just curious about the thought process there what I want to define docks in the code is currently isn't establish any kind of Arkansas law also get that verbiage into our law within what I was worried about because you see it has a malice purpose that it may be too limiting in that definition to encompass all of the potential bullying or situations that come up so why I want to define doxing and have it in there I thought that the communication similar to the cyberbullying would be more expensive to allow no loopholes to be able to prosecute people who do this that's the thought process behind it okay I appreciate your indulgence with my mom my last question is I want to be clear so minors and adults could be convicted of this crime correct say again Sir I'm sorry both minors and adults could be convicted of this crime yes Sir okay thank you senator. Thank you Mr president I was wondering I was read the bill I didn't see where the social media platform that carries this. Is able to be punished as in the case of two sided with the three Catholic lawyers the news outlets that actually work the a transmitter the information we're able to be held liable with this allow. Us to be able to hold social media platforms liable as well or would it help to that in other areas the law. I would say no to both answers this is addressing the person who actually engages in the communication which would be the person posting on the social media site. As you will know social media and their responsibility and liability to section five oh for whatever it is they have an expansive amount of liability protection under federal law right now I am very open to addressing that through other means put in the criminal code like this would be so very this would be hard to do that I think I'd be more of a civil case where you open up to civil liability for encouraging that behavior similar to what you mention the company in kids I don't think they had criminal charges they ended up settling in this civil matter that I think would be the better Avenue holding criminal charges against a company like that I just that would be very hard I think legally now if they're better attorney out there to who could finagle that into a good law like this I would be open to listen to it but I think that you have to move away from criminal and civil do that Sir all right thank you. Thank you Mr president Yasser Garner appreciate commitment you made to make it work these are all felonies but I still somewhat of a question that Senator Clark asked for. Makes kind of a big difference because you have the pin the crime of doxing what you define as doing something with the malicious intent personal information and certainly most of us would agree that serious offense but then when you put that or in there we're basically making. Any post on social media that one minor makes about another minor. That is used as frightening threatening harassing abusing. Maybe about half the stuff the kids post about each other these days is a Class C. misdemeanor right. That's the full yes Sir so what were you seeing or answer I'm I'm confused about what line you're seeing online thirty four of page one the person knowingly DOCSIS or transmits stands for post so if you post a frightening. One kid about another kid he's committed a Class C. misdemeanor. If they meet the other second part of the element corrects so what is the penalty for a Class C. misdemeanor I have to look it up I believe it's a year imprisonment and in additional finance looking back now I can look that up real quick as well. What is kept up from our side will win. So I quick Google searches always correct information one year in jail and up to a twenty five hundred dollar fine. And is that something that remains on a kid's record when he makes college applications or goes the military or whatever I don't know misdemeanor crime to a new felonies do obviously this was expanded to the felony charges that would I think Mr Mainers are different class but I'm not exactly sure how that carried along on your record Beyonce which. But I'm reading it correctly the any post that one kid makes about another kid that is intimidating threatening abusing harassing frightening that kid is not guilty of a Class C. misdemeanor no they have to also have a reasonable fear for physical injury which is a critical part of the second part of it so proposed I think X. teenager is terrible well that's just normal communication but if I do it in a way that they could reasonably feel for their safety and it's just like any kind of legal standard when you at a reasonable it's what a court can prove a reasonable person in that same situation would only so if I put I want to come to your house and beat you up into your a reasonable person would have for that if I put I don't like you know reasonable person in Arkansas if for jury or prosecutor would agree with that standard so the kid has to be able to prove it is to go into a prosecutor that this made me afraid I was going to have physical injury yes Sir I I can understand the distinction making but let's be clear the law that we currently have on a book from cyber bullying is the exact same language. The concern that you or illustrating has not happened in Arkansas law even though these kind of posts exist all the time if it did we would see more cases in the news for that reason but the only distinction between that as long as there's not additional punishment is a Class B. first Class As I haven't heard of a rash of cyber bullying work kids are falling under this for regular social media posts it's really the extreme example back when he gets brought up. Clark. So make sure I understand I mean this would be a typical thing with borders to somebody says something in the eighty tax back I'm going to put your but is that something that he could be charged with did you say text you know or or or if you know he emails or text back on social media or we'll on social media Hey I'm sixty five I use tax for every everything but he responds by saying I'm here but I have to see in jeopardy of being charged with the misdemeanor if somebody takes it well beyond current law that could be terroristic threatening and host of other issues as well especially Director against a person like that what under this that could fall under that the person has a reasonable fear for the safety in that case. Okay thank. Question. We're gonna insert flowers the General. Senator Garner thank you for the amendment to make to this bill to have the different levels. One one one. I'm sorry Page one line thirty four to thirty six of. What would have to be proven as the person knowingly. And then this one thirty five with the purpose to try to coerce intimidate threaten abuse or that would have to be there purpose that knowingly do it with the purpose to pride and and the person would have to have a reasonable fear that some of the so that I reasonable person would have a reasonable fear not this person but that's how. Of that how that's worded right correct Sir and that mirrors the cyberbullying. Thank you the distinction between cyberbullying this is the second element the communication calls minor reasonable fear that is a different element in cyber bullying I believe it's a continuous behavior of doing that but the top court I define doxing added doxing but the resident language mirrors exactly from cyberbullying which has been the law since two thousand twelve senators so this of the solvable institute says the person knowingly transmit center posted doesn't have a boxing no Sir I added Doxie as a definition to get it within our current ology okay so it was not a problem there shouldn't be a problem thank you thank you. Senator. Yes so it seems you acknowledge that the terroristic threatening now is prohibited under Arkansas law cyberbullying is prohibited under Arkansas law. Tell us again why you think this is necessary to be added to the laws of Arkansas in the second question he is in committee it was raised by a lawyer who deals with the first amendment freedom of speech cases that this is a violation of freedom of speech and that the bill is ambiguous and vague because you have language in there about it's not a person that dies due to it which is not the ordinary type of language used in our criminal statute that malicious purpose there's not a. Malicious purpose defined in your bill so can you respond to any of that. Yes ma'am for the first part I think you raise an excellent question in two thousand twenty one we know that the bullying and punishment are young people are experience is changing rapidly every day what we experience back in hospital where you go to school and so my my pick on you there is now become a twenty four seven ordeal some are teens and unfortunately to many of them finding that ultimate solace in a gun beryl or going to clothing hanging sales and so I think with that new distinguishing feature is important we update our laws to understand that we live in a new twenty first century reality in this doll does that for your second question as I said in committee. If this is a first amendment issue our cyberbullying crime would be struck down years ago the language is very similar to the how that was structured other states are doing this as well and I don't believe the first amendment issues the purpose of it is you have to intentionally want to harm that person for the purpose of it and that person has have a reasonable fear now this is dealing with speech of course I think when it comes to people to cook teens committing suicide is very important so we put stringent punishments and stringent rules in place in order to address that. My last question. A case in court. No ma'am but you know what your question always feels like I have. No because believe me you have it if you think that my questions make you feel like you're in court it's not like that. Yes ma'am thank you for your Senator Elliott. Thank you governor I'm trying to figure out whether or not I am the perpetrator in this case and I think I'm just exchanging words you know kind of like we normally do how do we I guess there must be a legal standard but if I say well yeah but I I didn't do it on purpose I didn't I was not trying to frighten this person I didn't know when we do this how do we handle that make it make sense and in practice and prideful similar to any kind of the criminal intent law we're saying like you know five make a joke at you in the chamber but you take it as a certain thing with that be assault which is different a battery with that be terroristic threatening I think you've come or similar kind of a similar standard for that for the means right you're what you're in can't is for putting that so if somebody hacks your account because it on there also you have a perfect offense that you can actually posted on there but if you intentionally put that data I'll put on there if you typed it out with the intent to do that I think the vast majority times that would cover the purpose if the actual speech itself was meeting the standard what purpose training court hears careers or any other kind of idea. Senator Garner one of the thank you for that but one of the issues we looked at when I was a part of a task force that you at the board school of law with a group of folks one of the things that made me think about the terroristic threatening because terroristic threatening has caught a lot of people up into the law in the law when they were actually carrying out their conversations the way they handle themselves strictly within their culture and you know like a domino game out under the under the treaty. And that person might have gone from there and acted the same way someplace else but that's consistent with the way that person would respond to things. Now in a situation like that we have an incredible number of people locked up and are. Records because of terroristic threatening that in my estimation is came from the kind of example and just illustrated so. If this is the way somebody normally carried on a conversation this is the way in my culture I normally talk. Would something like that be a defense for I didn't knowingly do this this is just kind of what I was saying this is just kind of the way I can converse with people. What we handle it well first if they had and turning they could argue that that's part element they didn't meet within the crime but more importantly. I just don't see in other cases states to have similar doxing levels and have similar cases like this with more expensive cyber bullying with terroristic threatening for internet there's all kind of different case laws that kind of ambiguity in the language end up becoming charges what I see is more often than not. It's an example that I saw in another state. Or a girl who is a paraplegic in a wheelchair. To get a large settlement when she turned eighteen. Was bullied to the point that she hung herself by U. S. B. cord Clause. Because people call her vegetable said she should be rolled down a hill kicked while she was dead and put that on social media to the point that girl feel that she was unworthy of life with the notice and durable concept so I think that the cultural issues that you mentioned people talking back and forth would rise to the level and there be plenty of cases I think it's for those examples where it's obviously targeting that individual it's intentionally the purpose is to hurt them and that person has that reasonable for your standard on the other side as well are there other laws for example in that example is gave me about the girl are there other laws already on the books that would take care of that so that we wouldn't have to have something that calls us to have so much angst over we're trying to be clear about it that's interesting because in that case the mom was trying to actually find additional laws to prosecute the girls is actually kind of a blind spot in the law exactly how they could go after them and then it gets in to see if the schools involved if they know about it I kind expenses even further Rossi not touching that in this either criminal civilly for school districts but it's a problem and I don't I think there's a gap in Arkansas law especially with this doc scene which is. You see how it works I mean don't target some person a minor to go get him and then there's a lot of people trying to go after that person to get them in trouble to hurt them to course them I think that's a real new phenomenon for a lot of reasons that we need to address thanks for the question center what were you saying to me though that that there was no of the law that could have been used to charge the what happened to the girl the wheelchair that that wasn't that wasn't in Arkansas that was in Tucson which I as a result right and they try to do it under cyber bullying but they weren't sure that the it and then they were trying to get them for like kind of additional assault kind of this traditional way you go after people for terroristic threatening other things and has for support while I read in kind of the follow up I never saw if there's any kind of prosecutions in the case of Seattle all different Arkansas so I don't know exactly what's on the books there one of the things we did find out about terroristic threatening it was very very discriminant Lee apply to a particular group and that might have something to do with. Find some of the law thank you yes ma'am. Thank you Mr president of in reading the bill this is directed towards somebody that does is toward a minor this is also pick up minor to a minor. Yes Sir okay and then what if it's a minor doing it to an adult because I know some seventeen year olds can be just as rough as a thirty seven year olds why is that not covered in here as well because or is a covered somewhere else in another law no Sir it isn't as I spoke to soon urban case I was nervous about expanding it beyond minors to get started with I'd be more than happy to look at that moving forward because social media is but my thought processes we have usually have special case of protection for minors and in this case is more important we focus on them and if the successful either expanded or come with new law but that was my intent behind it not that I disagree with the sentiment that adults should be protected as well thank you. Anyone wishing to speak against. For. Senate I included for the sector please call the roll Ballenger. Back. But. Caldwell. Chesterfield. Clark. Davis. Yes my. Eighty. Elan. English. Flippo flowers no. Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hill. Hello. Ingram. Irvine. Like Johnson. I Mark Johnson. Leading. Leading. Page. Riper. Rice. Sample. Stubblefield. Sturch. Sullivan. T.. T.. Tucker. Tucker. Wallace. You wish to change the vote the body over here. Anybody over. Senator talker is it not voting present. Let. It is present. Nobody else cast up the ballot twenty eight days one nine one not voting for president. The Bill. This past transmit to the House. Senator Flippo was gonna be moved to all the bottom of the calendars or to go to senator Solomon with SP three oh one or two calls Senate three on one by Senator Solomon requires state agencies to return fines collected under section twenty dash seven dash one on one during the public health emergency for failure to comply with rules orders or directives related to a covered nineteen and declare an emergency. Thank you folks want to start out by telling you how much I respect for our governor's done in the last year that we've been under the code but he's done a tremendous job under a lot of pressure for our state just have tremendous respect for him and for respect for the office of the governor of our state. yard we talk about that governments are instituted among people to protect the rights of the people it serves we talk about the government gets its power from the consent of the people. And we is co equal partners are the means of conveying to the executive branch what those feelings are. This bill is only one only about the separation of power follows the Arkansas motto of the people rule and the consent of the government it's about making a statement to those we represent that we have their backs regardless of the circumstances we are their voice here in their state capital. What this bill is not about again it's not about disrespecting the governor on the roof of the executive branch it's about respecting the legislative branch. There's certainly a place far merging two powers however it's been almost a year and there's been it may be another emergency why just around the corner yeah we have a bill probably coming up in the next week or two weeks to talk about amending the emergency powers but we don't know if that will pass if we will be amended or how it will work out. And during this emergency just think about the decisions that were made in may be made again the future. Decisions that you as the elected Representative of your constituents care about decisions about vaccines. About when threshold for benchmarks to end or amend the emergency order might come about. Defining what is essential what are essential businesses defining educational issues business impact religious freedom what is reliable evidence to support the directives what is real what are reliable outcomes to support the directives. So what is this bill do it shows our co our constituents that we are co equal and working for them and it demonstrates our commitment to the consent of the governed. And testimony yesterday the Department of ABC came forward and talked about you know what they're issues were with the bill. And they one of the things they said it kinda handcuffs then they worded differently but they talked about how this bill handcuffs them folks they handcuff us. They have the keys to the handcuffs all they have to do is include the legislature in these discussions. If there is another emergency at some point in thirty sixty ninety hundred twenty or three hundred days this bill just makes a statement that we want to be included in those decisions. We talk about a financial impact the ABC it was about. Twenty six thirty seven thousand I think. To get the ABC to the health department is going to take an amendment to their refund line of I'm working with B. L. are on an amendment to make sure they have the money in there to refine this my guess is going to be somewhere around fifty thousand dollars it's not a not a big expense but just demonstrates that we as a legislature and the Senate want to be a part of the decisions that are made. If you look through the bill on the on the second page the does exempt some. Long term care or residential assisted living yeah we have plenty of evidence that those in close proximity transmit it when I asked for evidence from ABC and from the health department as to why we did certain directives that information was not very specific or directed Arkansas and yes I know the questions are what about the directives what about the director's what's the day the governor spoke to our chamber and said I have an open door policy live call that day and asked to meet with the governor and he graciously agreed and we sat down and I have already filed I think five or six of the director of this. I'd file those as a bill so that we could move forward and not create any gaps in needed and necessary services are you know what I ran the telehealth bill three different terms and sessions that were defeated and it was finally implemented through the executive order so obviously I'm not a hundred percent for that the other directives I ran the banking bill few days ago that went through I know some of you have other bills to extend those so this is not about opposition to the directives this doesn't in any of the services that people are given it just takes a strong stand far are cool people part in government I'm gonna take any questions. I have a question what flowers Senate bill center Hendren then center for. Thank you Mr cheering thank you for taking my questions after a some of them online one and two Page two. You say the implementation of these lines have been arbitrary with state agencies and barely applying the fine how do you know that. R. because when you look at the outcomes of the people who are fine the only people that fine for restaurants and small businesses and personal care agencies we don't see any fines going up to large businesses are other places so you that the evidence is kind of like when you people say well what are what are your priorities one can look at our checkbook and find out where our priorities are least mine so when we look at the where the finds came from there only finding small businesses this is the fall of the small businesses fail to obey the rules and rates at that time. It shouldn't matter. So does matter tremendously absolutely no we passed a bill to terminate that if they were fine because when you walked in there to get they refused to put on the they refused to wear masks as they prepare to fill these arbitrator. Well first of all I don't know if that's the case in every five years has been the case but it sure has been the case I don't know if that's the case and in every instance with the support of the bill is to say that we do and then we talked about this yesterday committee the point of the bill is that we want to be a part of that not that we disagree with that I think some of those funds are are certainly and as was mentioned yesterday we appreciate the good job apartment of health is done we appreciate the efforts that they've made they've done many things that we like I said I've a proposed those bills to codify that all this does is save I make a statement to those businesses and to the executive branch that if we're going to make laws that impact. This is going to be a part you know there there's the. Government has the authority and the power the authority rests with the legislative branch the power rests with the executive branch when the executive branch starts having the authority and the power. That it's time for us to. As a legislator to recoup our reinstate the power or the authority that we have in making laws the crew brought a Senate didn't do. So why don't you just say that in the bill. Because this is what the bill is saying to me the bill is saying that the implementation of these plans have been arbitrary with state agencies unfairly applying the funds there were clearly delineated rules and rates that every citizen just about new. People deciding whether they would pay attention to those roles or they would not. We were in the middle of abandoned and people decided what they were going to do and if they chose to flaunt with these agencies said would keep us all safe. You're saying that was arbitrary and capricious sentence arbitrary when you look at the people that find you don't see any legislative or something there you know they didn't come out. Capital inclined. So. Meeting you examples okay it would be okay is over Sir. No I'm saying we as a body. Part in the card constitutional responsibility to have the authority that this body has been fully support of and I've as all of you know I've had bills that didn't pass but I'm willing to submit to what the authority is in the legislature. Thank you Mr president it seems like this bill more is more about turf war than the actual decisions and the changes you're making to code is that. I wouldn't call it to report or on a call with you would you like me to answer. Yeah I wouldn't call her for all this is about our constitutional authority to make the loss that we're going to enforce on our people and a five as a state senator going to enforce laws on the people of my district but I want to have a vote about that who passed the emergency services. The legislature the legislature. With everything that was done that you're talking about here done under the authority of the services that. Yes however I would take the position also that I don't think they let the Emergency Services Act was followed that's why we filed a lawsuit but under the current emergency services yes he did that was done that's why it talks about these things are done in a on equal and fair manner so you're a knowledge that the authority was given to the executive under the Emergency Services Act by the authority of the legislature. Yes so now let's talk about the decision what you're changing here let's suppose that there were no Emergency Services Act and every decision during a pandemic we had to have a special session income higher debate are we going to limit capacity in bars and restaurants are we gonna wear masks or wear gloves or whatever. It's awkward it is inefficient is that would be would you have supported. Passing any of those those restrictions that were passed. And so we're not going to find anybody of the violence. Yes it's hard to presume what one would do future event that's why we're having this discussion because I would absolutely say that we have a vote now if we decide to vote on giving absolute powers the governor's attorney said he has absolute power unbounded power was the phrase to use for unbounded amount of time that's the fridge so if I'm going to say in the future you're going to present a situation that X. Y. Z. may happen I don't know if that will happen or not but this says that if that happens I wanna have a voice it's not about whether I agree or disagree and it says that it's already happened and I'm gonna go back and retroactively because I don't like the authority that was to exercise by virtue of Emergency Services Act I'm gonna go back and retroactively. Re read the fines for some reason that the that's what I'm trying to understand is do you think moving forward the restrictions that we have in a pandemic should not be accompanied with any fines if the if the if the legislature passed or the governor did an executive authority because both of those are constitutional if that happened and said we're going to limit the capacity in order to minimize the spread would you oppose any of those restrictions having five and punishments or penalties for violations you're we have fines or many things throughout our culture and to write a law and I'm supportive of the fines but you're again you're making a very you're presuming something would happen that's not what this bill with this does all it does is say that when those decisions are made we want to have a voice that's all this us and if we don't have a voice and there's a consequence now we have a disagree with that but that's not what it is well I would disagree I mean it says right now that we're gonna go back and basically refund all the Hines correct yes. So that's not what you just said I mean it does something completely different it goes back and says because we did not like the fact that the authority was exercising or services act. We'll refund the fines and I guess the opposite me my final question my question is moving forward do you think it's good policy. To implement regulations like speed limits or safety regulations for restaurants without fines I think it's important that we as the legislature make those decisions that's what the bill says matter fact what it says is is Senator Chesterfield described that there the fines are are issued out with discrimination and you look at the outcomes of those who got find it's clear they were it's clear this wasn't done broadly you can walk and all kinds of big box stores and other stores and factories and walk to the capitol and see people violating those issues but they don't confined. And when the people in my district and I think in many of our districts they expect us to be a part of those decisions. Senator flowers a second please don't go on the well one other Senator speaking Senator flowers. Senator Stella. I guess you know my concerns are the same as senator hindrance my understanding is the law is the law whatever the law is in Arkansas at the time is the law do you agree that the law in Arkansas. No matter what the originating source C. is. That has authority to make the law is the law should be enforced do you agree with that yes. So. You may hear us. Summary decision about the arbitrariness of these finds that were assessed against these businesses under Arkansas law how can you do that how can you how can you just. Some literally. all. Exist and then retroactively do things. We're done as a matter of enforcement. Arkansas law. This bill passes that will happen if it doesn't pass it won't happen. What. This is a bad. And you speak about these laws and the enforcement we have a rule now that says we should be wary mask in our chambers Committee meeting did you do that all all the time. And you aren't punished. We're trying to protect the public under the emergency order of the government. And you don't know how many people were not. Because of failure to comply with the law please. What would you do that is my question. Again I think the fines were arbitrary I asked for the data that you're suggesting how many people were impacted I asked for that data and I received some information back that they the state couldn't even the department of health could not quantify the numbers that you suggest the Bill. This is my last question to you. That was behind and paid the fine. Felt like. That enforcement was truly applied to be a business that all right under the administrative procedures act to appeal that decision how many appeals were made senator Solomon I don't know how many they spoke about that yesterday there were a few but the most as I talk to me those businesses just rather not didn't want to fight it read the fine it would cost more to hire an attorney and go and leave their business again these are people that didn't necessarily own the are they work the business and on the business so they couldn't take off and do those things I don't know that the numbers that you're describing. This call. thanks grants gonna be over. I'm sorry. Where is your case that you brought against the governor and the executive branch officials gonna be litigated. Senator hello what part. is not required to remove all I don't know the the answer any other questions. This is. What you should know it's not for you to comment. Thank goodness. Sure. Yes. If you've got an appropriate question to the question it doesn't turn into a bank shall match every time you're asking somebody disagree with questions. Thank you. And it and allow me. For six years stop. Just when the. You're stopping being Committee range. I'm. Anyone formal. Bills. She's not recognized. Somebody. Ask your question keep on the let's. Bills Senate. Senator so one under our constitution who serves laws and bonds. Legislature. Do you think a pass legislature every believe we'd be under martial law per year and with no end in sight you know I wouldn't have anticipated that but given the current circumstance I think it may well happen again. In the future whether it's next week or next month or next year it may possibly happen is for that reason. It's one of the reasons for this if it does happen again the legislature should again participate in setting those laws and fines. Hello small businesses either been bond or threatened to be fined not because of their behavior but because of their customers behavior yes do you know of any case for a large business has not been the same. Is there I know of none that were on the list of the businesses that were fine that were given to me. From ABC and the department shall finally and as chair senator Judiciary I know the answer to this question has there ever been bills run. In the Senate that went back and said we messed up. Let's let's allow people look looks commute sentences what's changed because we put people in prison should be there are. Our senses were two horses that have there ever been bills like that absolutely that's what we do we are the people that make the law and we're the people stand up for the people that we represent they expect us to do that that's the thing we hear from folks that's the consent of the governed thank you so any other questions. okay we get a ton of. So we're gonna go senator garner. Senator hammer. Senator Elliot. Senator Sturch. Senator Levin anybody else. Okay. Senator garner. Thank you Mr president. Senate. We hold agencies accountable time. We feel they act outside the either school or the law we pass or the intent of the law we pass is that correct. And by doing so similar to this bill in a time when we had no legislative power isn't this a direct response to how we see the agency discriminated against certain businesses and how they impacted the law put in place. Thank you very much Sir. Senator hammer. Senator Elliot. Thank you governor. I I'm just thinking that perhaps. When these businesses chose not to follow. Before take your compensation out of the room so we can here senator. Thank you I was I was thinking about this in terms of these businesses having the right to decide that they are not going to follow directed by the governor I don't know but my to whoever it might have been. and we can all do that I think under something you know we call civil disobedience we can just not okay a law that generally speaking Is. at least I was you don't do it but you take the consequences that come along with it. How does not apply here I'm not sure I'm not the thing I mean I think they did it follow the directed but you know I'm not one of the site where I think we have given away too much of our current but the fact is we have the directives so just kind of square with me how it is I get to do not follow it but then not expected I'm going to have to suffer the consequences because I've broken the law is amended civil disobedience disobedience sure I have to public. Take. Sure first of all we passed a bill I think a week ago Senator hammer in the bill that said that a business is not responsible for its it's customers I think that passed overwhelmingly so I don't know how many of the situations that you describe didn't fall into that category needed this apartment of health or ABC they don't know how many times that a business could have stopped that second of all the when you look at the list of the businesses that were fine there are no fines to big businesses no fines to industry no fines to a large box stores only to our small businesses that is indiscreet to me it is also a your for government to allow that and for government to perpetuate that is wrong it's just as wrong as as an individual to start and they're not going to follow the law it's far we for the executive branch to enforce a law which is their job to enforce their laws into with just without discretion are with discretion but you just don't see the broad if what you're describing is true there should have been a broad expanse of people that were fine a broad expanse of individuals a broad expanse of businesses we don't see that. Thank you okay Senators starts ten center leading Senator Flippo let's keep it that. We're still. Yes. Let's finish these questions all recognize you for motion. Senator Sturch. Thank has been since you've talked a little bit about it but I didn't hear specifics and may just because I couldn't pick up but I know you mentioned ABC and you mention the department of health and they gave the records that we know how much money we're talking about total or how many businesses total and then find a will be impacted if this bill passes I think the total. Was thirty seven thousand dollars from ABC I don't have a total from department of health I'm going to guess it's less than that I think they testified yesterday there were only about six or seven business is fine by the department of health so I'm going to say just take a ballpark guess it's under sixty thousand. Senator. Senator Flippo was recognized. Senate. As for immediate consideration all those in favor say aye. I have a motion here. My signature please call Ballenger. That. Let. Let. Caldwell. Caldwell. Chesterfield. Clark. Davis. DISMANG. DISMANG. Eight. Eight. Elliott. English. Flippo. Flowers. Lauer's. Garner yeah. I don't I mean Michelle. Okay. As far as we serve our. Sent flowers. You're on me we came here. You need to and you do. To sum up or down. No thank you thank you. Flowers NO garner was yes Gilmore. Gilmore. Hammer. Hendren. It's getting Hester. Hickey. Hello. Ingram. Arvin. Blake Johnson. I Mark Johnson. Leading. Leading. Page. Right our. Rice. Sample. Sample. Stubblefield Sturch. Sullivan. T.. Tucker. Wallace. We hear anyone which the voter to vote over here. Did anyone else over here. Anyone else. Senator sample is now are dentures yes Sir it is mine anybody else because. The. Nineteen days fourteen days one nonvoting the bill passes but the Emergency Clause was not adopted. So I just wanted to serve the not been off of ice cream the whole session last debate drove me to have an ice cream Senate. Senate president pro temp. Not be recognized for motion Mr president Senate recognized all right members I'd like to make a motion that the we eliminate the member participation for the day today on our virtual resume. As a motion. For the motion a question. All the. I have a question. Yes ma'am. I have a question as to why you want to eliminate my participation I have a right to participate I'm using elected senator from district twenty five now I have been treated with a lot of rudeness I've listened to the gavel being beaten in the middle of my questions interruptions with my questions and I noticed that. It's not applied to everyone I've noticed the presiding officer usually trying to answer questions for the person who is in the way all. I want to read the bill are testifying from the whale and they ought to be able to respond to questions if they would like to try I'll try to answer that question centerfire you know you're my friend but you put me in a spot with the way that you've acted the decorum of this body is not the way that I wanted whenever I came home in the chew your seo even allowed me to run this protein amount said that that had to be a that had to be one of our main considerations the respect that we have in here whenever we talk about other members I can't stand it we've got to stop that. No. If we were doing it right now is to do my term yes. Not. For the rest of this. The Senate the Senator house well let him finish please and I have to use this gavel on everybody in here lots. It may be hard to tell virtually but it's not always intended to use sometime it's intended to quiet other so we can hear you senator thank you. That is my motion I will explain The motion a little more my motion for is for today only because I don't want to make any rash decisions I want to get with the other members because this is about all of us not just me so I will I want to get some other feedback from both from both sides of both sides of the aisle all three sides of the aisle I want to make sure that to we're doing our due diligence and that we handle this the correct way so I would appreciate a good vote Senator Elliot center I recognize. I am I understand where you're coming from but. Why don't we just shut down the whole thing rather than one person because if this is an issue for all of us today all of us should just stop and cool off and come back tomorrow I understand your position what you're sorry. But I don't think it can be about just one person. Thanks for the question is could you square that with me why it has to be about one person as opposed to all of us because if it is about all of us and all of us need to be treated us and the same manner okay. As I appreciate your comments Senator Elliott I don't believe that you're the one that was out of order or somebody else and so this is a this is directed at that thank you ma'am. Senator I mean Mr president I believe will. Thank you senator. Your motion all those in favor say aye. Those. Highs motion to adopt it. Just be absent. Senate. Senate bill three oh six by Senator Clark. Permitting a concealed handgun licensee to carry a concealed handgun in the municipality owned or maintained park. Senate. Thank you governor. This bill very simple bill. brought to me by a concealed carry instructor. And all it does is allows is it makes city parks the same as the national parks in the state parks national parks. If across the country mirror whatever state law as in state law allows you to conceal carry than you concealed concealed carry in national parks that includes hot springs. buffalo river and others. It allows if to carry in state parks but they have to explain but you can't carry in a city park of course now that includes lots and lots of traders the. so it's very then you have to have a concealed Kerry so it's not very expensive it's a very simple bill. however of the convention visitors bureau saw fit to call me this morning after we passed the bill with the couple problems and I think that I can solve some or most of those problems so I'm going to pass this I'm not going to send it back to committee asked to send it back to committee I'm going to pass it and leave it for Monday and they can get with me with the and we can amend it then I'll send it back to committee because they knew it was out there but I'll be glad to work with them and I think we can I can get their concerns but also I will ask that we passage until. So they pull it down. Okay. Senator Tucker. Senate bill three eleven by Senator Tucker concerning probation parole and concerning technical violations and sanctions Senate talker's recognized. Thank you governor I've got a I've got a simple little bill. Relatively speaking know your member at four twenty three we passed four years ago one of the main components of that act was that there was an intermediate sanctions program first focus on probation or parole and if they committed a non violent non sexual misdemeanor we call that a serious violation and they would be sent to a program of the Arkansas department of communication Arkansas the not AT see but community corrections and then if they violated a term of their probation or parole we call that a technical violation that would also result in a in a program in the department of community correction but for a shorter amount of time so this bill is an apartment building ATCC secretary grace appeared with me and Judiciary Committee yesterday this makes two changes to small adjustments to that one is that uh right now it's counting is a technical violation under the program this changes that so that if you're of scanning for more than six months than an elevated from a technical violation to a serious violation so you would spend a little more time in the community correction program at that point and then the second thing is when we passed this law four years ago we actually work ten extra days into the law to give the Department of latitude to incentivize good behavior and that was the intent and they've been administering this program for about three and a half four years now and they want to adjust the number of days they have in the law that's more in keeping with the practice that they have so two very minor changes that program there's no opposition that I'm aware of I'll be glad to take any questions any questions. Senator Rapert. Senator you know when I see these bills immediately for. Thank of the news report. I'm having trouble understanding said when I see these bills I immediately think of news reports that all too often were frequent in the past few years or someone was out on parole. Or her probation or whatever the case may be. And they certainly do so to a very violent act in some cases they kill people in our state. It's so. I don't understand wine that you're wanting to give greater latitude for less supervision of people that have been sent to prison. For crimes. And we've seen situations where that they've they've actually can they've been the recidivists they you know they're they've come back in the create a criminal act again I could go on and on on this deal so I mean it really makes me stop here just a minute to factor out why is it that you're you think that this is good public policy. That they're not going to have to really pay a price if they're outside of the guidelines of the parole or probation. So center I didn't catch a hundred percent of that but to the extent I understand your question and if I don't answer please help me understand but if someone's on probation or parole in the they commit a felony they're subject to full revocation to the Arkansas department of corrections if they commit a misdemeanor that is violent or sexual nature it is violent or sexual in nature they're subject to for revocation to the Arkansas department of corrections and and none of this is that nothing in this bill changes any of that H. this bill only has two very to minor adjustments to the existing law one is if you're of scanning from your parole or probation officer for more than six months it actually elevates the the sanction that you can receive and then the second thing is for the serious skin condition violation program and the technical condition violation program there will ultimately be no practical difference in the amount of time that ninety nine percent of the inmates serve as a result of those programs it's just an adjustment in the code to the number of days that they will serve that they're subject to serve based on the department's you know discretion and supervision of them when they're interested in custody in those programs but what are you not creating two different tiers here by utilizing this time frame. No Sir not in this bill that was done four years ago and talking about the the period of time that you're talking about okay you said difference for that person that's right yeah read the read through very quickly again to make sure I'm reading that quickly but. You know if the explain to me what the difference in the two different categories I mean I thank previously it was as if you have started that you were in trouble. Right now this is my understanding and I could be wrong if you look on the first page of the bill if you have it there. My understanding is that right now if you're of standing. then it's a technical conditions violation which is on page two one fifteen. If you're of standing for more than six months and then it's going to be more serious that's what's on page one lines twenty six through thirty and the series conditions violation. Is as a more serious sanction than the technical conditions violation which is less than six months. Finish my question your wrist president at which you actually on the same page and twenty one and twenty four you're reducing the number of days they can be confined. Right so so that's what I'm saying. This is not actually lessening the penalty on people that are caught in a situation where they that's going to okay so that's the second piece of it and again I go back to what we put in the code for years ago and I'll just give an example if you look at page two one twenty eight and I'm I get these numbers off but the prince basic principle is is the same. When we put in a hundred and eighty days in the code four years ago the intent of everybody that was involved with that legislation the agency's law enforcement prosecutors everybody everybody negotiated that those number of days out with the intent was is that those programs would be half of what was in the code for so ninety days for example when what was in the code was a hundred eighty with the idea being that the the department of community corrections could incentivize good behavior by the inmates by cutting it in half and and my understanding is of everyone who served time in these programs and the last three and four years that it's existed ninety nine percent of them are in that ninety day time period for a series conditions violation. And so as a practical matter this is not actually reducing the number of days that they will serve it's just changing in the code of which is what the department of corrections has requested that we do. Thank you for answering questions. Senate Gloria. So the question. The center Tucker do you know for a fact that the prosecutors were involved in this decision. Not in this decision that my reference the prosecutors was one we passed at four twenty three four years ago and I personally worked with Mr McMahon and everyone of the prosecuting attorney's association on on that legislation and so if I if I created the impression that they were involved in this bill that's not what I intended to do on people I've worked with on this bill are Secretary graves that apartment corrections okay so this is this a bill that you that you don't really need to be done are you acting as a shill for the department of corrections. I would never this hot hope to serve as a shield for anybody Senator but I do think this is good public policy. You do have you examined it closely yes Sir thank you. To speak against this bill anyone wish to speak for the bill senator. Close. Centers close. Generally the vote. There's an objection please call the roll call Ballenger. Ballenger. Yes back. Let. Caldwell. Caldwell. Chesterfield. Clark. Davis. Dismang. He. Elliott. English. Flippo. Flowers Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hickey. Hello. Ingram. Irvine. Irvine. Blake Johnson. Like Johnson. I Mark Johnson. Leading. Page. Riper. Rice. Sample. Sample. Stubblefield. Sturch. Sullivan. T.. Tucker. Wallace. Anyone wish to vote or change your vote Senator Clark Is. But it also here for. Over here. Senate anybody else. Cast the ballot twenty six year three days five not voting the bill is passed. Transmitted house upon the last bill on the Senate calendar. Ninety five by Senator Flippo tramite integrity in well for for her programs into amend the Medicaid eligibility verification system. Senator Flippo. Things president colleagues twenty years ago Arkansas spent just over fifteen percent of our state budget on Medicaid spending as we enter two thousand twenty before the pandemic. It's been a consumed about thirty percent of our state budget in that hole is getting deeper. FOR forms three proposed in this bill all serve the same principle protecting the truly needy and strengthening our social safety net. The only way that we can strengthen our social safety net in a way that is both fiscally and morally fair is by ensuring that is beneficiaries that those benefits are reserved for the folks who are actually eligible. The fourth reforms are laid out in this bill our number one. Mandates regular thorough data cross checks and food stamps and Medicaid with other state owned data sets like lottery winnings incarceration and changes in residency. Two. Reform switch. Major reforms which is Arkansas food stamp program from simple simplify reporting to change in reporting what is changing reporting. Current currently enrollees are subject to simplify reporting only have to report a change in circumstances. Under changing reporting households must report any change over one hundred dollars within ten days so the Department can reduce reassess and make any adjustments necessary. Arkansas along with over twenty other states already uses the better change in reporting standard however only only for some households this standard would apply to all households. Three. Currently states are prohibited from almost from almost everyone from Medicaid until skews me currently states were headed prohibited from removing almost everyone from Medicaid into the public health emergency is over which could still be years from now. This reform would require DHS to conduct a full audit of Medicaid rolls shortly after the current federal haircuts come all rather than waiting for each enrollees re read the termination. The four three four. And I think it's worth probably hear this bill's provisions involving the hospital presumptive eligibility in Medicaid. The status quo under regulations put put out by the Obama administration and still in effect isn't sure if I walk into a hospital in Arkansas today and tell them my income is under the threshold for Medicaid the hospital and rolls million Medicaid just like that and the state is on the hook for all of my costs even if it turns out I wasn't eligible this state can do anything to call back any of that money after the fact about seventy percent of those being present to presumptively eligible or alternately approved for Medicaid through a full or alternately not approved for Medicaid three full eligibility check. This is a loophole that's big enough to drive a truck through. First it requires the department to seek a waiver to return hospital presumptive eligibility to what it was before the Obama administration. A limited to for pregnant women and children. Only not a wide open pathway for anybody who wants Medicaid coverage without verification and with that members I'd be happy to answer any questions it. Any questions for the senator Chesterfield. Yes Sir thank you Mr chairman incentives are on page two it alludes to a. A little too verification of any substantial winnings but it does not define Stangel reading ease could you find out three thousand dollars I think is what they're currently here in Arkansas we have a question committee yesterday where is that is not in this book I mean this bill that I think that's just a rough estimate Senator Chesterfield and that was a question it was brought up yesterday committee. There's not defined currently in Arkansas substantial winnings so we don't want. So we don't have the definition of substantial and I think anything that substantial it's going to change your eligibility will consider to be substantial. Senate. They're not for you know it's bad when a student. Should get. You know. Any questions Senate. Yeah that's something questions here Chesterfield us also the or substantial winnings so there's no definition of that so is of somebody and you just to make that determination or rule or what does not what by a committee member yesterday and and centered Hendren on instructional appreciate question I think it goes without saying that substantial be anything that's going to change your eligibility for Medicaid or food stamp program I guess. I suppose somebody goes in the lease four hundred and they went three thousand or whatever I guess that's what I'm trying to seize. Ridiculous because the way I read this if it's the clear that is not that they're not eligible their entire family is removed is that right. I can't center gift center again I can't I said the way I read this bill is if somebody is declared ineligible because of substantial winnings their entire family is removed from Medicaid is that right. If it if it changes that household television eligibility yes. So if dad goes and wins three thousand dollars and doesn't reported. Then they get the whole family operated goes and wins a million dollars yeah your household is no longer be eligible for Medicaid you said three thousand was what we were talking I said that was a that was a measure that was came up that was a number that was thrown out yesterday committee however I stand corrected that is not defined currently in Arkansas law okay the other question that I saw in here that's somewhat of a changes that did that says whether we're determining state. it changes that to determine the state or an assessment state. So right now DHS has the ability to to decide whether we're going to be this is on page For the top of the page. DHS current law shall have the flexibility to determine whether the state shall be an assessment for a determination determination state and then you give the definition for those two things. But now we're going to mandate that would become an assessment state and my question is what are what are we now and what's the difference. I want to try to find this. Currently we're determination state what we're shooting for is assessment state. We are determination state. Because it says we have the flexibility I don't I don't know I'm asking what you have is DHS determined that we will be a determination state. And why we want to become an assessment what's the what's the value of that change. So. Currently is if if if if if if you have a new member in a household that has that that has a raise in salary not you know you know changes your eligibility they're going to be a puts the burden on it puts the burden on the beneficiary to report those changes what this is going to do is it's going to say that anything over a hundred dollars they're going to report that to the state to DHS so they can conduct a proper assessment to determine eligibility. So we are going to but but are we a determination state marmosets Mr. I mean I guess it has to do with whether or not. House somebody is determined to be eligible but I don't quite understand what I read those two definitions what the practical impact is that. It has something to do with the federal government's role in it apparently is what looks like to me I guess that was part of the reason I'm asking this is confusing isn't it is a federal government or the federal government involved it can. Well I guess that's what I'm saying is the federal government rules okay with us I want to family you know senator here's the thing. These are all legally viable allowed under CMS in Arkansas is doing a handful of this already a lot of this language is called to find what the state is already currently doing. And so if we're late the simplicity of this is over seeking to do here is make sure that that people are rolled in our state Medicaid program are actually eligible for those benefits and that's all this is going to do. Well I mean it is not taking a step further than that senator okay. Any other questions for Senator Flippo centering. the Regarding of. To the eligibility for hospitals that. Restate what she said about the presumptive eligibility for hospitals so currently if a person walks into a hospital and says their eligible for Medicaid hospital can automatically enrolled in. Well but there's no way for the state to call back that money DHS disputes that they DHS says that we do not use presumptive bill of the eligibility they're not using it consistently Senator Ingram they're not using it consistently correct. Thank you. March. Thank you Mr president of service both the scene question about to. what toward substantial meant could the DHS clarify that in the rule. Yes we can address that you know if that's necessary I'll be happy to work with DHS on on substantial it's my understanding substantial gonna be anything that's going to make you an eligible for Medicaid program and I mean I know million they wanted ten dollars scratch off I don't is that would that be at least I would be willing to do that senator Johnson to work with DHS defined that as necessary Thank you I appreciate a good vote. Senate. Any money we speak for against the center Chesterfield to speak against you're recognized. Thank you Mr chair there's a gem of the Senate nobody wants to see anybody get over on the government I certainly do not. But we have a bill here which says that if you have a substantial winning. Your entire household. Your entire House soul is kicked off. Certainly if somebody wins two hundred fifty thousand dollars or something that sort the whole House so should be cute though. Because they have had a substantial change in their circumstance but we have no definition here of what that is. We have absolutely no definition of what the eighties. We right now. A if there is a violation by one member of the family the entirety of the family is not penalized. We don't know if the if the father wins three thousand dollars if he's even going to take that money home to his family. Or her family. Yeah we're gonna get the whole family. All. people run away from their families every day. And because there is a change in circumstance does not mean that the family has a change in circumstance. We need to take that into consideration. And it says to the aggregate amount of funds expended by electronic benefits transfer card transaction each state outside of Arkansas so we got to figure out how much money you spend in the Mississippi. how much money is pending in Missouri checks is it Senator if I can go across the border and get my groceries cheaper. Am I gonna be penalized for going across the border in getting my groceries cheaper. If I can get something for my kids at a lower rate in Texas and I can't in Arkansas am I going to be penalized for doing that. It's a part of this bill. It's a part of this bill. We care about kids before they are born. What we punish them for the actions of their parents after they get here. It is amazing let me go further let's look at page four. Page four house the third party supposed to get the information. When you win the lottery they don't take your name down if you win under a certain amount of money so how you will get the information. If you go to the casino and I go to the casino. The majority of people are paying playing the minimum amount because that's all they can afford but that affords them a night out in maybe a free drink whether to sold or drink. So how are the casino supposed to keep track of everybody who goes there to gamble when most of them don't play with the card at all. So how is the third party supposed to get that information. On at least a monthly basis the Department of Human Services your review this information and and not all revoke Medicaid assistance upon verification of any substantial winnings three thousand dollars is not gonna last a family of three for very long. How long are we going to keep those people those children all. How long are we going to preclude them from being able to eat because of something that a family member may do that they never see at all. If the individual is incarcerated it deals with that if the individual is incarcerated what happens to the children. The children are incarcerated. But because of the wrongdoings of a parent we asked children to suffer. Ladies and gentleman the bill is just rife with things that make us. Same store in human. And we then we say we're going to refer him to the AG's office. You hear of anybody being referred to the AG's office because of something that they've done the Department of Human Services shall request federal approval. For section eleven fifteen. Demonstration we were to enable the department to eliminate mandatory hospital presumptive eligibility. So if a person is sick. They are not in their right mind. And they are taken to a hospital. And they do not have health insurance and somebody signs and. Who is to be blamed. Because people go to the house bill every day without knowing they're even there. This bill. Is a heartless bill. Because it punishes everybody in that family. But what might be the wrong doing of one person in that family ended as soon as that that one person at family is gonna go back and share whatever they have one with the rest of the family. And that certainly is not true. But it also you need to understand that what is going to do is bring in those folks that a way out that's going to happen to me I just get somebody else to pick up my winnings I appreciate a no vote. Against the bill anyone would speak for now on this end this thing you're recognized. Thank you in just a couple questions I was trying to ask we left will dissect going one is on winnings and so many years one thing you know about gamblers I mean. They talk about their winnings but typically they don't talk about what's underneath the water which is all the losses No portion the way the state tax income strict you know structure works out you're able to deduct those expenses are those losses off against the income I'm not sure how that meshes out in this situation but you mean someone may win three thousand dollars less lost five and so that we would make sure that only talks about winnings here side if you can address that that would be helpful I think and also I still I can't wrap my head around. What the additional implications are for this assessment I mean I I don't I don't know how it all falls out so if you could address your conversations with DHS and the way that we're doing things the way you're converting things to and how that falls out how that will play out to be helpful my last would be I don't understand what was going on in the hospital I don't know anybody that walks into hospitalist of walking into emergency room you're a hospital's because you were directed to get by there you go to their typically by your primary care physician or someone else to see a specialist outside and that typically I don't know I mean I think you're going there for the emergency room which is they have a revoke obligation to treat you regardless if you have coverage you don't have coverage if you walk in that point you get I just I don't understand how some of the conversation meshes out with the presentations the those we might. Centering on the which speak against them you're recognized. Thank you Mr. Of as we learn from Arkansas works when we put too many burdensome requirements on individuals of the system Achain handle and an innocent people were kicked off of I think we're creating a bureaucratic nightmare here when we're talking about a hundred dollar change in one circumstance and and we're going to go through all this system to try to see whether their eligible not so number one I I'm really worried about the bureaucracy and time that we're requiring DHS in the time of a pandemic of secondly we don't know whether we're in assessments cater to a determination state. And. The finally we can't seem to know whether DHS says we do not use presumptive eligibility for hospitals of at this is a big complicated bill and I think there's a lot of questions to be answered here and I just can't vote for it and without some more these questions being answered I'd ask you to do the same thank you. Centering a misspelled against anyone speak for the bill. Anyone would speak for them. Not really recognize speak against. Okay. Thank you and thank you members I. Like probably everybody else in here I I think there are things that could be done better but there always seems to be a presumption that goes along with the import a presumption of criminality and that's what we seem to be doing in this bill but not a lot of clarity so I would just ask you. If if you've never been on public assistance do you have any notion what that's like to walk around with this presumed criminality attached to you so I don't think there's enough happening in this state for us to pass a bill like this state is unclear and I creates probably more work than it needs to for the work we're going to get out of it so I would just ask you to just vote no on this bill I don't think there is a need for. Senate voted against bill senator and you still wish to speak on the bill. Centerman you're recognized yes and I appreciate them my discussion over here with Senator Flippo and that those were just some questions I had on on what has been brought up so. One of the concerns I have with Medicaid as Medicaid is a very very different program there it's not you know there's so many things that Medicaid does you have you have different things that Medicaid is is if you look at the piece of the the puzzle that you look at the pop you've got all these different areas within that part of Medicaid and so one of my concerns is is eliminating that flexibility issue on assessment in a determination because of the language there with that and how we actually assess or determine eligibility for the Arkansas Medicaid expansion population and that language on page four deals with directly the federally facilitated marketplace so that is not yours not program that's actually the art current Arkansas Works program and as you know we're in the middle of a redefine and so more that was one of my questions and some of the things that we are trying to accomplish in our redesign is to help with the folks that are an incarcerated or formerly incarcerated that come out of the department of corrections and so I had no other questions were on that portion of the bill that later on in the bill about how those folks that are coming out of the department of corrections how then they would be determined for eligibility and how that process then of assessment versus determination would actually be implemented so I just have a lot of different questions one able to answer or ask those questions I appreciate the I appreciate the opportunity to ask those questions to us Senator Flippo thank you Seraphina spoke on the bill anyone who wishes to speak for against the bill. Any further. Senate available you're recognized close for you. Thank you Mr president colleagues I'm gonna pull the bill and we're gonna find substantial winnings and I'll be back next week. Thanks. Senator Flippo as pulled the bill for now send up to ninety five will now take at the House bills. When I take a bill ten sixty seven House built in sixty seven. House Bill ten sixty seven my Representative Clinton an act to create the Arkansas breast milk bank to create the breast milk bank special fund. Thank you Mr president members this bill will create and breast milk bank in Arkansas we currently do not have one so babies are and then a Q. and whose em mothers are not producing Mel for an able to breast feed for some reason and we are buying breast milk from out of state to the tune of around eight hundred thousand dollars a year and shipping it here in Arkansas and for our babies and so this will create a personal bank with UAMS. And and over time there should be M. some pretty gets upset substantial savings and our state because of that I will take any questions at this time. The the. Davis thank you. niece would have Mr mills. And the Senate other places. Is the lead that you have brought this deal because it is one of those things that is so very very important. who are unable to accept whatever reason able to use their own bills thank you so much yes good. Thank you I appreciate it actually represented Bill Clinton has worked on this for almost four years now and it's been a pretty extensive process and I appreciate his work on it as well senator hill. Seven days of the same bill you're in last year. I can't this year and last year. I'm sorry about the same bill you're in last year no it's not it is different thank you. Any other questions. You wish to speak against or for. Senator cause I'm pleased thank you need direction on the vote. Please reload. Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang aids Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey hill Ingram Irvin Blake Johnson mark Johnson leading page Rapert Rice sample Stubblefield Sturch Sullivan Teague Tucker Wallace. Cast up the ballot thirty three A. zero days the bill is passed returned to the house before we go to Senator Hester just wanna mention that Senate Ballenger indicated he wanted to pass over H. B. thirteen fifty six around. To make a note of that Senator Hester. The House eleven sixteen by represented Dotson Senator Hester to us to establish Simon's long and to clarify the requirement for preparing for legal guardian consent for end of life medical procedures for minors. Senator Hester recognize thank you Mr president members this is a bill that hopefully has never been needed in Arkansas hopefully never will be needed but back around two thousand ten the young man wasn't into it and uh Missouri and the healthcare providers had a policy in place that if the there was a. The research symptoms not compatible life that they would not resuscitate basically even without consulting with the parents and so this young man's name was Simon and so his mother has been on a quest to make sure this doesn't happen to some other family again this is not happen in Arkansas we don't anticipate it to and it's not would not be common practice but this is just to to ensure that it doesn't happen we work closely with the hospital association got the wording that they're very comfortable with and I'm happy to answer any questions in a course Hester anyone wish to use of surveillance recognized for a question yeah Senator Hester I wish I'd ask you that early on so I'm I apologize that we're this section does not apply if the minor is married pregnant or emancipated merit I'm asking questions about the pregnant part is so if it does not apply at what actually does apply if you're pregnant and you may not. You may or may not do what I think that's a great question that everything listed in that section was because it was care it was taken care of and another portion of law so for instance there's impart that section says if you're in in the custody of the state for some reason so I don't have a good answer for pregnant other than to know that the other things listed in that section because it was cared for in another section of law that's what I have to assume but I do not know that. So if I were to look for and I could find that is that what you're telling me Senator. A little idea that maybe I wish I had a better answer for you that actually another member asking about that a few minutes ago and I I I'm I'm in the process of researching but not have a good answer for that okay so if you in the process we do share the answer with me then when you find it because I mean I'm smiling but I'm serious about it concerning I just wonder what that means for you know both or perhaps of the and another in this case all right thank you our financing unity okay Senator Irvin. I think I really appreciate the bill because of allowing for the I worked on the physician orders for life sustaining treatments and making sure that that's all very clearly defined is really important for your medical staff and for your physicians and folks working in the hospital. Would you agree not appreciate that I do agree that I have learned to this process of a bill you sponsored to seventeen that did that very thing. The I think it was called the Was the physicians health care decisions act that and seventy thank you. Any other questions they always speak against or for. Centers closed includes is there any objection role in the vote. These role the. Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang eads Elliott English Flippo flowers Garner you're more hammer Hendren Hester Hickey hill Ingram Irvin Blake Johnson mark Johnson leading Page riper rice sample Stubblefield Sturch Sullivan T. Tucker Wallace. Anyone wishing to change. Passed up the ballot thirty three days one not voting. The bill is passed return the bill to the house Senator Davis the element. House eleven eighteen by represented Dobson centre Davis to provide that sales of a cottage food production operation through the internet are exempt from the definition of food service establishment and to declare an emergency. Thank you. And members this bill simply makes it legal for people to share their conduct speeds and in the state of Arkansas and then to other states that have a similar laws as we do regarding cottage food said and our current law restricts that and its direct sales only at limited venues and county fair farmers market things like that and a cottage food is what the FDA categorizes as a non potentially hazardous states something that's not time and temperature controlled for safety and our current laws restrict cottage food operations and in a way that's really unnecessary to protecting the public health and safety and so this law beyond just letting people shift their cottage feeds it really creates an opportunity for entrepreneurship four and people who maybe don't have the money to invest in say a commercial kitchen that meets the department of health standards and right off the bat they can and kind of create a following with their conduct speeds and and see if it's something that people like and then down the road when they have you know are making enough money to invest in something like a commercial kitchen it just helps us and at I think based opportunities and a lot of times and you're talking about women in these situations so and it's a great economic opportunity for women and men alike across our state and and I will take any questions at this time. A question Sir Chesterfield recognized. Thank you Mrs hearing I'm asking questions so we can go home. Do whatever you want. My question is does this fall under the same. categories is the brick and mortar bill to be passed can you tax this. At. You know that's that's a good question on I know what qualifies as kind of speeds in Arkansas and I do think you have to I do think cottage foods are taxed and if I remember correctly I spent a lot of time at the farmers market in twenty twenty and selling flowers and and I believe everyone there that was selling it on yes they did charge tax yes. What makes kind of different from. So that they can be sent by somebody with nefarious intent how do you define the difference between that and if that is in this item to send you something this bill of rat poison how what's the difference and I mean there's really not I mean cottage feeds are unregulated by department of health because they're not hazardous speeds so you simply have to have a label on there that lists the ingredients in the food and then say this is a homemade product and that quite honestly it's not any different than if someone wanted to you know put rat poison in there that they sell to farmers market it's the same thing And so and are they would have the same opportunity to do that if they wanted to okay thank you thanks. Four four centers closed yes thank is close any objection on the vote. Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang eads Elliott English Flippo flowers Garner Gilmore hammered Hendren Hester Hickey hill Ingram Irvin Blake Johnson mark Johnson leading page Rapert Rice sample Stubblefield Sturch Sullivan T. Tucker Wallace. Anyone wish to change your vote. Seeing none cast a ballot thirty three eight zero names. Bill this past mercy Clause is adopted. Return to the House solution start to by the way Senator Sturch thank you for women. House Bill eleven fifty eight represented grain center Sturch concerning the prison construction trust fund and just clear and emergency. Search for. Thank members and colleagues the code section that we're changing day deals with the prison construction fund is making some technical corrections to it under government transformation the division of corrections in the division of community corrections came under the same department so if you look at the bill anyway wait just reference the division of corrections were wanting that say the department of corrections so that both divisions are covered the two substantive changes that you'll find on page two with those changes were wanting to also add that beyond just construction of new facilities wanting them to also be able to purchase facilities this would deal more with the community correction side where they might find a facilities for reentry programs and so forth and then right above that this is current practice lines eleven through fourteen deal with how it's reviewed internally we're not changing anything externally legislator was still have oversight over any contracts at the we still have their authority over their bonds and so forth but internally we're wanting any project that they have to be internally reviewed by both the director or the Secretary skews me and the board of corrections and so that's current practice but with this new flexibility we thought it better to including code with that answer any questions any questions for the senator. Anyone would speak against four centers close to she could not even get from one of a lease roll the. Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey hill Ingram Irvin Johnson mark Johnson leading Page riper rice sample Stubblefield Sturch Sullivan T. Tucker Wallace in Westchester. Cast ballots thirty three As You are nice. Bill was passed emergency clauses were adopted return the bill to the house Senator Mark Johnson from the. Eleven fifty nine by represented makes you center Johnson excusing members of the General Assembly from participating on a jury under certain circumstances and permit service over our system and jury service center. Thank you Mr president of. This is a two part bill that the represented Meeks and I worked on together the first part. Basically is to kind of clear up of potential the separation of powers issue which is not a big deal unless somebody made a big deal and we can kind of get out front of this. It would exempt members of the General Assembly from jury duty from thirty days before a session that will include a regular fiscal or extraordinary session until thirty days after signing die adjournment this is not a. Is represented makes it in committee get out of jury duty free card for members of the General Assembly but it it is a deferral of that service and that's the first part of the bill the second part of the bill does allow anyone who is eighty years of age or older to if they choose only if they choose to decline to serve on jury duty so if they're AT and are older and they think that be something great to do and do their service then they certainly can serve but if they for whatever reason infirmity eight just don't feel up to it anymore they would be able to opt out so that is the whole bill and not shall I'll be glad to ask questions about creating good vote. Thank you again for centers closed closed please hold. Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey hill Ingram Irvin Johnson mark Johnson leading Page riper rice sample Stubblefield Sturch Sullivan T.. Wallace you will change your vote. Cast a ballot thirty three AZ zero nice. the bill is passed return the bill to the house senator hammer. H. the twenty seven. House Bill twelve seventy nine The Representative Smith to meant to amend the law concerning disability retirement under the Arkansas teacher retirement system. Senator thank you Mr president I had the information she's put on your desk to give you familiar to with these bills this bill is a very friendly bill to the employee and it passed without any opposition in the joint retirement committee of basically what this bill does is for an individual that is determined to be disabled it creates a greater opportunity for them to have their initial determination process strengthened by using the social security administration of report which was not previously allowed earlier it was loud later also if an individual is determined to have additional medical information that they could use in their disability determination they could submit that and earlier time as I mentioned this is a friendly bill that is supported by of the House joint retirement and also by the system in the members of the system because I take any questions. Thank you again for centers closed closed the. Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang E. Elliott English Flippo flowers Garner you're more hammer Hendren Hester Hickey hill Ingram Irvin Johnson mark Johnson leading Page riper rice sample Stubblefield Sturch Sullivan T. Tucker Wallace in Westchester vote. I guess about thirty three days zero days the bill is passed turn the bill to the house center hammer for. Thirteen nineteen by represented Maddox to amend the law concerning the final average salary to service under the Arkansas teacher retirement system and it's clear an emergency center thank you Mr president this also has information sheet ahead distributed to desk it is also friendly to the members of the system what it does is if you have worked in another system and then you move to the teacher retirement system they will give you the benefit of the higher of the two salaries if you worked at that other system for greater than two years again this is a of friendly bill by the system fully supported by the Joint retirement committee and also the membership and I'm gonna take any questions a question for the senator you know we speak against or for centers closed playful. There is. Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey hill Ingram Irvin Johnson mark Johnson leading Page riper rice sample Stubblefield Sturch Sullivan T. Tucker Wallace you know we should change of a. Just about thirty three a zero nice bill is passed first closes adopt returned to the House center hammer the last three Bills HD thirteen twenty. Thirteen twenty by represented Maddox to amend the law concerning the compelling of payments from a delinquent employer under the Arkansas teacher retirement system. Thank you Mr President this bill also is friendly bill what it does is actually there about ninety schools out there that already electronically file their contributions that to collect we sent into the system this is a bill that would require the other ten percentage of of the schools that do not send it electronically they're collecting and sending a paper check and this would put everything to the electronic system there is a waiver program in case you've got you know school that for whatever reason there is a waiver program that they can apply so they could be excluded from that but as I mentioned over ninety percent of schools already do this they're just trying to get to a hundred percent electronic filing to make sure those funds getting as quickly as possible and to the retirement system that's collected be glad to answer a question for the dentist or nurse close any direction with the vote please vote. Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang E. Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey hill Ingram Irvin Johnson mark Johnson leading Page right rice sample Stubblefield Sturch Sullivan T. Tucker Wallace you always change your vote. Cast a ballot thirty three ACT Renee's the bill is passed return the bill to the house is looking for Senator design is someone going to fill in for Senators my. Senate is mine. So does my H. B. thirteen sixty one with an emergency call thirteen sixty one by represented each sensor for this much to provide for the tax treatment of certain lines payments and expenses related to covered nineteen relief programs and to declare an emergency Senate is my appoint County thank you governor members I think it had a chance to visit with each one of you about this bill this is predominately related to the PPP loans and so if you remember he had many constituents and all of our districts that took advantage of that federal program at the fizz that the end of this past County here that they would make the that they originally started out said the proceeds would not be taxed on the expenses would not be deductible they came back and said that those expenses could be deductible in the state of Arkansas we said the exact opposite we said at the time of forgiveness is the the proceeds would become taxable you could take your expenses what this bill does is bring us in line and and allows for federal conformity that's going to help your taxpayers in a big way in fact it says made about DFA that to be thirty three million dollars that we get to stay with our employees in the state for this current fiscal year and for the next two would total about a hundred and seventy once a hundred seventy nine million those are dollars that would stay with your employer's back home for them to re investing continue on to make sure that folks stay employed and they're able to move forward in addition to PPP there are several other items in this that we will exempt from Arkansas state income taxation E. idea which was directly related to the PPP loans and there is a food and pharmacist is programs also that really that falls in line with what we've done previously but with that be happy to take any questions any questions you know what to speak against or for service because these robots. Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang eads Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey kill Ingram Irvin Blake Johnson mark Johnson leading page Rapert Rice sample Stubblefield Sturch Sullivan T. Tucker Wallace. You wish to change the. Cast about thirty three eight zero nice bill is passed the Emergency Clause was adopted to turn the bill to the house. Removal now to the budget calendar center this mine. Thank you members to get the budget counter desk very top of that is as B. two seventy eight we're going to circle back to that and thought that last also he was taking a quick look what she's reading and if there's any of these that you would like to pull out for separate vote let me know and we'll do so. House bill eleven twenty five thanks for the office of the treasurer of the state appropriations for the twenty twenty one twenty twenty two fiscal year. Helsel eleven thirty one and for the office of the treasure of State refund of local taxes the preparation for the twenty twenty one twenty twenty two fiscal year also fourteen seventy four an act for the northwest Arkansas community college supplemental appropriation. House bill fourteen seventy five an act for the University of Arkansas Fort Smith supplemental corporation also fourteen seventy six an act for the cost me to college of the university of Arkansas supplemental appropriation house bill fourteen seventy seven an act for the Arkansas for the East Arkansas Community College the supplemental appropriation house bill fourteen seventy eight an act for the Arkansas State University mid south supplemental corporation. House Bill fourteen seventy nine an act for the National Park college supplemental appropriation. House Bill fourteen eighty one an act for the filling Phillips County community college of the university of Arkansas Public supplemental appropriation house bill fourteen eighty two an act of the universe for the Henderson state university supplemental appropriation. House bill fourteen eighty three an act for the university of Arkansas Pulaski technical college supplemental appropriation. Ask for fourteen eighty four for the north Arkansas college supplemental appropriation at fourteen eighty five an act for the University of Arkansas at little once a formal appropriation house bill fourteen eighty nine an act for the Arkansas tech university supplemental appropriation. Haspel fourteen nine eight and act for the university of Arkansas community college at hope Texarkana supplemental appropriation house bill fourteen ninety one an actor that southern Arkansas university supplemental appropriation. House Bill fourteen ninety two an act for the Arkansas state university Mountain Home supplemental appropriation as for fourteen ninety three and I ask for the universe of Arkansas community college at rich mountain supplemental appropriation. House Bill fourteen ninety four an act for the Ozark a college supplemental appropriation Haskell fifteen oh three an act for the Arkansas northeastern college supplemental appropriation. House fifteen oh for an act for the Black River technical college supplemental appropriation. Okay we have one Senate bill and the rest of House bills and we're again we're gonna go to Senate bill separate and and we have any any with the black people out. Currency nine. They're gonna vote to vote Senate bill SB two seventy eight and then all House bills for. For a couple. Ballenger Beckham Bledsoe Caldwell Chesterfield Clark Davis Dismang E. Elliott English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey hill Ingram Irvin Blake Johnson mark Johnson leading Page riper rice sample Stubblefield Sturch Sullivan T. Tucker Wallace was change your vote. Yes ballot thirty three eight zero days. the House Bills bar pass first two goals are adopted returned to the house senator. Senate bill two seventy eight by joint budget for the department of commerce Arkansas Economic Development Commission reappropriation. So does my. Thank members have any questions. It questions on the bill. No question would speak against senator garner yes. Thank you Mr president. Not about this bill lot the last couple days. Well some as some mash strategy to go against governor and economic development or some personal vendetta I have against Mike Preston for not showing up to committees for appropriating funds without our approval this last summer and many other issues. Someone will know what the games are being played. There's a simple answer. There is no gains no strategy no plan. I believe this is for a simple reason. I will not support sending our tax dollars to China and the Chinese Communist Party anymore. Period. That could happen tomorrow if we include this quick action fund. Do it again because there's no restrictions. No take our money taken from the people of Arkansas being you directly to benefit the communist Chinese party. In China. No I see it. We share the articles about Disney in hypocrisy they have to censor speech here whenever they fill in that movie malign within ear shot of concentration camps and edited out there Star Wars poster because AfricanAmerican was on the front of it. We kill Facebook over censorship get basis routinely censor things in China. We're out right rage justifiably by the pain the suffering the damage dead been called by the covert nineteen crisis does impact is always likely came from a lab in Wuhan China. We do know. Without a shadow of doubt is a lot to us over and over again call the spread of this deadly virus to happen more and more. We know all this we know their existential threat to American the next decades one of the real true geopolitical enemies that we have in the world. But yet. If they dangle out that big project. That point. That industry that company coming here will write the check. We're going to stand up for what we as a state going to do anything to address this generational problem which China. So as long as we're going to send any of our taxpayer dollars to a company or for national origin anybody associated with the communist Chinese party I will not support that bill and I would ask you to do the same thank you. The Bill center Johnson. Thank you Mr president. I share senator garner is concerned about the communist Chinese I'm still upset that. I feel like they used our state we've had two different major planned announcement sent there's been a lot of fanfare about it in the they bailed out on this and I also know we've had others we had the Czech CZ arms plant which I think was a business decision is probably pretty legitimate that's bailed out so as not just those the Arkadelphia in Forrest City Chinese plant but the point is a lot of ballyhoo Mr pressing got got is bonus which most state employees don't get a bonus for doing their job. But I think the thing that bothered me most likely. And I'm not here to debate this bill at all but when I picked up my Arkansas businesses week and I saw the employees of the commerce department were in effect going to the media and lobbying for the so called hate crimes. Now I'm not here to tell you anything for or against that bill but I do have a problem I have constituents contact me and say we got a problem with taking taxpayer money and using it to lobby the General Assembly. And I'm especially concerned that the Department commerce has is we saw the last year in an senator garner also alluded to that has has disrespected this body in the entire General Assembly by frankly just blowing us off now there's a lot of good folks over there that do wonderful job and I just think we need to remind them who has a purse strings in this day and that we need to they need to come back and be respectful of us and and I certainly hope to be as respectful of them so I would appreciate a no vote on this bill today thank you your wish to speak in favor of the bill. The Bill center ready close centers closing user thank members appreciate the comments and insert your some of your concerns I do want to state that this is a reappropriation bill this is not the larger ADC bill I think we need y'all have holds on that over across the street at big mac again This Is reappropriation bill projects that are ongoing with that the. Correct. Madam secretary please call the roll. Ballenger. Ballenger. Back. Back. Bledsoe. Caldwell. Caldwell. Chesterfield. Clark. Clark. Davis. Davis. DISMANG. He. E. R. Elliott. English. Flippo. Flowers Garner. Yeah. Gilmore. Hammer. Your. Hendren. Hendren. Hester. Hester. Hickey. Hanky. Hello. Ingram. Blake Johnson. I Mark Johnson. Leading. Page. Riper. Right. Price. Rice. Sample. Stubblefield. Sturch. Sullivan. T.. T.. Tucker. Wallace. Anyone wish to vote or change the vote. Senator Hickey is offline Senator Teague is I. see Caldwell design. Senator Rice design. Centre back on. Is by. Everybody else Senator Hester is no. Senate Davis's NO. Cast a ballot. Twenty five As file names for not wearing the bill not pass. Senate. Thank members out just the requested you know whatever we have on this bill let's go ahead and work through it because also inside this or the the rodeos your local fire departments is wrong pleaded this I think the big issue that that that's being talked about is on the quick action closing fund that's my assumption at least would know that for certain but in regards to China that's not specifically spelled out in any place this bill and there's not any allowance for any space in China or anything like that along those lines far as offices so if we can let's get with the agency that's work out whatever that is differences are low Revo to come Monday. Thank you senator we're gonna go to announcements and then then we're going to clear the doubts center landing. Thank you Mr president colleges real quick was brought to my attention that today is national association of social workers virtual lobbying day to all afternoon without about two hundred social workers all across the state watching activity today maybe should announce that at the start of the session but. I want to let you know they've been paying attention thank you. There you go Senate anybody. If you have an announcement. Thank you Mr president Insurance and Commerce will meet immediately upon adjournment one seventy one any other announcements Senator Rapert of or state agencies will meet briefly and also been asked to denounce the reschedule back the blue law enforcement days March the second eleven thirty from capitol steps thank you. Any other. The. Senate turned into one o'clock