State Agencies & Govt'l Affairs-Senate
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Transcript
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Bills discussed (22)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
|
SB227
Act 148
· 4 mentions in chapter, transcript, agenda
Matched: “SB227 RAPERT CONCERNING THE RESPECTIVE DUTIES OF THE PAROLE BOARD…”
|
CONCERNING THE RESPECTIVE DUTIES OF THE PAROLE BOARD, THE DEPARTMENT OF CORRECTIONS, AND THE SECRETARY … | Rapert | Notification that SB227 is now Act 148 |
|
HB1211
Act 94
· 3 mentions in chapter, agenda, transcript
Matched: “HB1211 Bentley TO REQUIRE THAT RELIGIOUS ORGANIZATIONS ARE PROTECT…”
|
TO REQUIRE THAT RELIGIOUS ORGANIZATIONS ARE PROTECTED DURING AN EMERGENCY; TO DECLARE AN EMERGENCY. | Bentley | Notification that HB1211 is now Act 94 |
|
HB1262
Act 93
· 3 mentions in chapter, agenda, transcript
Matched: “HB1262 Watson TO AMEND THE DUTIES OF THE SECRETARY OF THE DEPARTME…”
|
TO AMEND THE DUTIES OF THE SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY. | Watson | Notification that HB1262 is now Act 93 |
|
SB118
Act 379
· 3 mentions in chapter, agenda, transcript
Matched: “SB118 D. Wallace TO CREATE THE ARKANSAS PUBLIC SERVICE INTERNSHIP…”
|
TO CREATE THE ARKANSAS PUBLIC SERVICE INTERNSHIP PROGRAM; AND TO ESTABLISH EXTRA HELP POSITIONS FOR … | D. Wallace | Notification that SB118 is now Act 379 |
|
SB172
Act 151
· 3 mentions in chapter, agenda, transcript
Matched: “SB172 G. Leding CONCERNING RECORDS AND PHOTOGRAPHS KEPT BY THE ST…”
|
CONCERNING RECORDS AND PHOTOGRAPHS KEPT BY THE STATE CRIME LABORATORY; AND TO DECLARE AN EMERGENCY. | G. Leding | Notification that SB172 is now Act 151 |
|
HB1121
Act 88
· 2 mentions in agenda, chapter
Matched: “…REQUIRE PUBLICATION OF SAMPLE BALLOTS ON AN INTERNET SITE. HB1121 Dotson AN ACT TO CREATE CONSISTENT LANGUAGE FOR ALL STATE E…”
|
AN ACT TO CREATE CONSISTENT LANGUAGE FOR ALL STATE ENTITIES, INCLUDING WITHOUT LIMITATION STATE DEPARTMENTS, … | Dotson | Notification that HB1121 is now Act 88 |
|
SB119
Act 573
· 2 mentions in agenda, chapter
Matched: “…SITIONS FOR THE ARKANSAS PUBLIC SERVICE INTERNSHIP PROGRAM. SB119 D. Wallace TO AMEND THE UNIFORM ATTENDANCE AND LEAVE POLICY…”
|
TO AMEND THE UNIFORM ATTENDANCE AND LEAVE POLICY ACT; AND TO AMEND THE CATASTROPHIC LEAVE … | D. Wallace | Notification that SB119 is now Act 573 |
|
SB163
Act 522
· 2 mentions in agenda, chapter
Matched: “…VE POLICY ACT; AND TO AMEND THE CATASTROPHIC LEAVE PROGRAM. SB163 J. English TO CREATE THE ARKANSAS MILITARY AFFAIRS COUNCIL…”
|
TO CREATE THE ARKANSAS MILITARY AFFAIRS COUNCIL ACT; TO ESTABLISH THE MILITARY AFFAIRS GRANT PROGRAM; … | J. English | Notification that SB163 is now Act 522 |
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SB228
Act 152
· 2 mentions in transcript, chapter
Matched: “…Congratulations, Senator, your bill is passed. Moving on to SB 228, SB 228. Senator, you're recognized whenever you want to pr…”
|
TO MAKE TECHNICAL AMENDMENTS TO STATUTES GOVERNING THE ADMINISTRATION OF THE DIVISION OF CORRECTION AND … | Rapert | Notification that SB228 is now Act 152 |
|
HB1117
Act 284
· 1 mention in agenda
Matched: “…POWERS AND DUTIES OF THE DIVISION OF EMERGENCY MANAGEMENT. HB1117 Wardlaw CONCERNING THE DIVISION OF CORRECTION INMATE FARM F…”
|
CONCERNING THE DIVISION OF CORRECTION INMATE FARM FUND. | Wardlaw | Notification that HB1117 is now Act 284 |
|
HB1153
Act 127
· 1 mention in agenda
Matched: “…A PROCESS TO SELL STATE LAND; AND TO DECLARE AN EMERGENCY. HB1153 Ladyman TO AMEND THE ARKANSAS EMERGENCY SERVICES ACT OF 197…”
|
TO AMEND THE ARKANSAS EMERGENCY SERVICES ACT OF 1973 CONCERNING THE POWERS AND DUTIES OF … | Ladyman | Notification that HB1153 is now Act 127 |
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HB1202
Act 128
· 1 mention in agenda
Matched: “…law CONCERNING THE DIVISION OF CORRECTION INMATE FARM FUND. HB1202 A. Collins TO AMEND ELECTION LAWS; TO AMEND PUBLICATION REQ…”
|
TO AMEND ELECTION LAWS; TO AMEND PUBLICATION REQUIREMENTS FOR ELECTIONS; AND TO REQUIRE PUBLICATION OF … | A. Collins | Notification that HB1202 is now Act 128 |
|
HCR1004
· 1 mention in agenda
Matched: “…'S CIVIL RELIEF ACT. REGULAR AGENDA Number Sponsor Subtitle HCR1004 Bentley CONCERNING THE CONSTITUTIONAL AUTHORITY VESTED IN T…”
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CONCERNING THE CONSTITUTIONAL AUTHORITY VESTED IN THE PEOPLE, THE STATES, AND THE UNITED STATES GOVERNMENT. | Bentley | Approved by the Governor |
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SB165
Act 155
· 1 mention in agenda
Matched: “…rke Tucker RE-REFERRED TO COMMITTEE Number Sponsor Subtitle SB165 J. Hendren TO AMEND THE LAW CONCERNING THE TERMINATION AND…”
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TO AMEND THE LAW CONCERNING THE TERMINATION AND CANCELLATION OF A RESIDENTIAL LEASE UNDER THE … | J. Hendren | Notification that SB165 is now Act 155 |
|
SB183
Act 324
· 1 mention in agenda
Matched: “…ILITARY AFFAIRS GRANT PROGRAM; AND TO DECLARE AN EMERGENCY. SB183 K. Ingram TO AMEND CAMPAIGN FINANCE LAW; TO PROHIBIT THE US…”
|
TO AMEND CAMPAIGN FINANCE LAW; TO PROHIBIT THE USE OF CAMPAIGN FUNDS OR CARRYOVER FUNDS … | K. Ingram | Notification that SB183 is now Act 324 |
|
SB188
· 1 mention in agenda
Matched: “…G FROM INITIATED ACT 1 OF 1990 AND INITIATED ACT 1 OF 1996. SB188 A. Clark TO AMEND THE LAW CONCERNING POLLING PLACES; AND TO…”
|
TO AMEND THE LAW CONCERNING POLLING PLACES; AND TO AMEND THE LAW CONCERNING ELECTIONEERING. | A. Clark | Died on House Calendar at Sine Die Adjournment |
|
SB217
· 1 mention in agenda
Matched: “…ENDA (Revised 2/2/21 @ 1:30 PM) Added Bills & Removed SB73, SB217, and SB230 Senate Committee on State Agencies and Governmen…”
|
AN ACT TO CLARIFY, CREATE ACCOUNTABILITY AND UNIFORMITY FOR, AND SIMPLIFY ABSENTEE BALLOT PROCESSES; TO … | C. Tucker | Sine Die adjournment |
|
SB230
· 1 mention in agenda
Matched: “…ed 2/2/21 @ 1:30 PM) Added Bills & Removed SB73, SB217, and SB230 Senate Committee on State Agencies and Governmental Affairs…”
|
TO AMEND THE LAW CONCERNING VOTING ASSISTANCE FOR VOTERS WITH DISABILITIES. | C. Tucker | Died in Senate Committee at Sine Die adjournment. |
|
SB241
· 1 mention in agenda
Matched: “…ION OF CORRECTION AND THE DIVISION OF COMMUNITY CORRECTION. SB241 Caldwell TO AMEND THE LAW CONCERNING THE SALE OF STATE LAND…”
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TO AMEND THE LAW CONCERNING THE SALE OF STATE LAND; TO ESTABLISH A PROCESS TO … | Caldwell | Sine Die adjournment |
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SB275
Act 176
· 1 mention in transcript
Matched: “…er is that correct okay all right so members basically from SB 275 through the remainder of that without objection I'm gonna l…”
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AN ACT FOR THE DEPARTMENT OF HEALTH REAPPROPRIATION. | Joint Budget Committee | Notification that SB275 is now Act 176 |
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SB73
· 1 mention in agenda
Matched: “AGENDA (Revised 2/2/21 @ 1:30 PM) Added Bills & Removed SB73, SB217, and SB230 Senate Committee on State Agencies and Go…”
|
TO AMEND THE LAW RELATED TO CABINET-LEVEL DEPARTMENTS; TO PROVIDE FOR STATE ENTITY TRANSFERS; AND … | B. Sample | Died in Senate Committee at Sine Die adjournment. |
|
SB75
· 1 mention in agenda
Matched: “…ARE PROTECTED DURING AN EMERGENCY; TO DECLARE AN EMERGENCY. SB75 M. Johnson TO AMEND THE PROVISIONS OF ARKANSAS CONSTITUTION…”
|
TO AMEND THE PROVISIONS OF ARKANSAS CONSTITUTION, AMENDMENTS 91 AND 101, TO PROVIDE THAT PROCEEDS … | M. Johnson | Sine Die adjournment |
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Chair thought he saw a quorum, but now I don't know if I do. There's my quorum right there. All right, Senator. Thank you. All right, members. Well, we've suddenly got several bills that have showed up for us to deal with. Several of these bills, we're going to, what I would just say is that we've got some members that and maybe some of these even are still on there. I'm not sure, Maddie, but we had some members that wanted to defer to Thursday on some of these but we do have
basically from I had sent a message late yesterday actually I don't think Maddie got that until this morning maybe about these bills which would have put them on for the 18 hours so they got on there I think Maddie this morning is that right so if there's any if without objection if there's a member here that wants to run some of these bills again we worked on this because I sent it last night which would have made the 18 hours but it didn't get done until this morning but here in a moment we will talk about those now the two that are
under my name Maddie 227 and 228 so those had not been on there either is that correct okay all right so members basically from SB 275 through the remainder of that without objection I'm gonna let them be heard if there's a a problem on one, we can say if you've got a problem or an issue or somebody sees a reason to pull it down and have it on Thursday, then we can do that. So that'll be the ruling of the chair unless somebody objects to one of those. SB 227, I'll go ahead and cover that. SB 227 and 228
are actually bills for the Department of Corrections that I'm actually carrying. And so without objection, I'd like to go ahead and hear those first so that I can give up the Chair to Senator Garner and let us hear those and then give back to regular order. So without any other questions, that's what we'll do. Senator Garner, I'm going to give
it to you. Okay, Senator Rayford, you're recognized to present bill SB 227 whenever you're ready.
Yes, and with the permission of the chair, I'd like for department personnel to join me here for presentation. Actually, the first one is 227. It's really dealing with the parole board. I think there was someone here. Yes, I think it's
Mr. Feltz. Sir, when you can, please sit
down and say your name and title for the record. Yes,
John Feltz
Unverified
2:53
Mr. Chairman. My name is John Feltz, chairman of the Arkansas parole board.
Thank you. Senator, when you're ready. Thank you. Members, this is pretty simple. It states very clearly, I can almost read it to you as easily I can summarize it because it's pretty easy. It states there in the bottom section, when exercising his or her duties with regards to the board, the chair, which I guess in this case would be Mr. Phelps, shall work in consultation with the secretary of the Department of Corrections. As used in the subsection, it talks about consultation and what that means. And basically, from what I can see, I guess the operative information,
and I'll let Chairman Feltz speak to this, is that when it comes to passing legislation that's dealing with the board, that there would be consultation with what is now our Secretary of Corrections. So with that,
I'd like to yield to Mr.
Feltz if he has any comments to add. Mr. Feltz,
John Feltz
Unverified
3:50
please push your microphone on so I can go for the video. Mr. Chairman, this bill basically directs, since the transformation of the Parole Board, Department of Corrections, ACC, all coming under one big tent of the Department of Corrections.
and basically what this is stating is that the parole board is certainly feels like it's very important that we maintain our autonomy that we not put ourself in a position so that the Department of Correction could ever say you need to release certain people from prison because maybe prison overcrowding or something of that effect. But basically, it really comes down to the fact that
we want to maintain the autonomy and then also the independence that's necessary to continue the use of best practice and fact-based decision-making. And we feel like that this bill allows us to do that and at the same time play a vital role with the Department of Correction in the Secretary's
office. All right, Mr. Chairman, that's it. It's very simple and bottom line is the operative language there is that
that he will consult with the Department of Corrections Secretary who shall review and approve any legislative proposals initiated by or on behalf of the board. Thank you. Any questions from the committee?
I'm closed for the bill. Seeing none, the Senator closed the bill. Do we have a motion? Motion to pass by Senator English, second by Senator Bledsoe. All in favor say aye. Aye. Any opposed? Congratulations, Senator, your bill is passed. Moving on to SB 228, SB 228. Senator, you're recognized whenever you want to present the bill. Yes, and if I would,
and I think I've got one of the department personnel here as well. Members, I will say preface before she introduced herself. This is also from their perspective, cleanup bill, and I have taken a look at the bill. I've had no one contact me with any objections
to the bill thus far, so. Please say your name and title for
Speaker 27
6:08
the record. I'm Lindsay Wallace. I am the chief of staff for the Department
of Corrections. Senator, ma'am, whenever you're ready, if you want
to present it, go ahead. Thank you. I really have basically stated it there. These are basically
changes, I think, that squares things up related to some language changes with transformation, and I'd like to defer now and allow Ms. Wallace to
speak to anything that she wants to point out. Thank you, Mr.
Speaker 29
6:35
Chair and committee members. Senator Raper covered most of it. As you know, with a bill that was as big as Act 910 was of 2019, some things are bound to get missed. And this essentially just lines up our governing provisions for the Division of Correction,
Division of Community Correction, with all of those provisions touched by transformation, and any of these proposed changes reflect our current practices, so this is not going to be any difference than how we are currently operating. Any question, committee? Anybody signed to speak for or
Speaker 21
7:07
against this bill? Seeing none, Senator, are
you close for your bill? Close the bill. I will entertain a motion this time. Senator English, motion, do pass. I have a second by Senator Bledsoe. All in favor say aye. Aye. Any opposed? Congratulations, Senator,
your opinion. Thank you, sir. I will yield the chair.
Thank you very much. Thank you, Senator Garner. All right, members. We are passing over Senator Hendricks. As you know, we dealt with that bill the other day, so it's going to be coming back.
We're passing over it. Do we have someone here
Senator Greg Leding
Unverified
7:57
for presentation of HCR 1004? Is that Senator? I don't see them here, so I'm looking to see if there's anything. I don't guess there's going to be any to do that one. So what about Senator Letting? Are you
going to, all right. Senator Letting, we'll recognize you for SB 172.
Senator Greg Leding
Unverified
8:33
Thank you, Senator Letting. And I hope I call that number right. I
don't have my reading glasses with me today. You did. Thank you, Mr. Chair, Mr. Vice Chair, members of the committee. I think most all of you have already been briefed on this bill, either by myself or someone with the Department of Corrections. It's fairly straightforward. Right now, under current law, incarcerated Arkansans have a right to evidence and records involving their cases so they can defend themselves, carry out appeals. Unfortunately, a few enterprising inmates have figured out that they can use this current law to get their hands on photos related to their crimes, but they're not obtaining them for any purpose of appeal or defense.
They're collecting them, unfortunately, as souvenirs or trophies. and so that's clearly unacceptable. That's why we're here today. Secretary Graves came to me before the start of session to discuss this issue, so we worked with the department, defense attorneys, and others to come up with a bill you see before you today. Essentially, all it does is it closes that loophole. Inmates and attorneys still would have a right to these records, but they couldn't get their hands on these photos unless there was an express need for the defense. We did amend it a couple of times. At the request of the Attorney General's office,
they asked that they be added as an agency that had explicit right to access the records so we did that and then representative kendon underwood a first term republican in the house reached out after we filed the bill and asked if he could be added
Speaker 43
9:51
as a co-sponsor and we were happy to add him we do have staff here from the department of corrections and i'm
Senator Greg Leding
Unverified
9:59
happy to take any questions members you have any questions on this for senator letting um i think most of each had a discussion on
that. I really appreciate the bill being brought forward. It absolutely amazed me when I
heard what had been happening, so I appreciate you for closing this loop that definitely needed attention. Members, if there's no questions, I don't have any, Eric, oh, there is a question, Senator Bledsoe? Oh, they're ready to move this on out of here, Senator Letting. I've got a motion do pass for Senator Bledsoe,
a second for Senator Garner. All those in favor say aye. All opposed, no. Thank you, Senator
Letting. Appreciate that. We have Representative Watson or Senate sponsor for HB 1262 that's present.
Senator Greg Leding
Unverified
10:44
I believe Senator Hammer is going to do HB 1211 for Representative Bentley, correct? Sir, you're recognized. Yes, that'd be fine.
If staff will help you, that'll be great.
Senator Greg Leding
Unverified
11:24
Thank you, Senator. We know who you are, but for those watching, if you'd please state your name for the record for
Senator Kim Hammer
Unverified
11:34
presentation of the bill. Thank you, Mr. Chair. Kim Hammerstein, Senator, District 33. You're recognized, sir. Thank you, Mr. Chair, members of the committee. The handout is pretty self-explanatory of what the bill does. Recently, there was a Supreme Court ruling involving protection of churches during time of emergency and the handout that you have, which unless you just want me to read it,
I'll read it, but it's pretty self-explanatory. And what this bill will do is that will codify what the U.S. Supreme Court rulings have put in place on the federal level so that lower courts, such as the Supreme Court here in Arkansas, do not infringe upon the First Amendment rights of churches or other religious institutions or organizations. And Mr. Chair, I will be glad to go as deep as the committee would like to, but I would think at this point I'll just stop and yield to questions.
The sheet is pretty self-explanatory as to what the bill does.
Members, do you have any questions? I see Senator
Senator Alan Clark
Unverified
12:37
Clark, you're recognized, sir. Thank you, Mr. Chair. Senator, I've just got a few questions about a few things in the bill. I'm, of course, staunch supporter of the First Amendment, including the Free Exercise Clause. Some of the language in here
Senator Clarke Tucker
Unverified
12:47
I was curious about. If you go to page 4, down at line 29, this is in subsection B2A.
and this is the section applicable to the governor
Senator Alan Clark
Unverified
13:02
and it has corresponding language in the section applicable to the state board. It says, this section does not prevent the governor from requiring religious organizations to comply with neutral health safety or occupancy requirements issued under state or federal law. And those state or federal law, that language is what I have a question about and how that's defined. Is that statutory law or does that include regulatory law or an emergency declaration by the governor.
I'm curious if that's defined somewhere or if you know the answer to that. Don't know
Senator Kim Hammer
Unverified
13:36
the answer to it. I would presume that it would probably be under the pretense of during the emergency, because when you look at the title, I think that would fit with what the intent of the bill is. Okay. My
Senator Clarke Tucker
Unverified
13:53
next question is on the next page, which is subsection three.
Senator Alan Clark
Unverified
14:03
State the page again. Page five. Okay. And it's gonna be lines five and six. And the way I read this is, I think it's one of the primary purposes of the bill is to say that religious organizations should not be specifically targeted, right? Which I am sympathetic to, I understand that. When it lists out the subsections of three, when it says the governor shall not take discriminatory action wholly or partially
on the basis that the religious organization, A, is religious, I understand that. C, engages in the exercising of the right to practice religion, I understand that. My question is about B, because that is not really particular to a free exercise of religion. That language being that the organization is operating or seeks to operate during a disaster emergency. And that's an or, if that were an and there, it would all make sense to me.
But I don't understand how the bill is protecting churches for the free exercise of religion if all that they're doing is operating or seeking to operate during the disaster emergency. That was kind of a word soup of a question. Do you follow
Senator Kim Hammer
Unverified
15:25
to you, and I think I do, but see if this clarifies it, because I don't have the benefit of being an attorney like you. So, B, your issue is whether or not the term or should reality be and in order to achieve
what the bill is intended to do. Is that correct? That's fair. Okay, all right. So I would probably answer this way, and perhaps someone that may testify for or against the bill can clean it up if I mess it up too bad. But I would say that probably with the letter or it creates the greater latitude because we know that in situations such as what we saw in the Supreme Court case, one word can influence the direction it would go. it is going to be my layman's opinion
that the reason or is in there is to create some of that flexibility that could benefit the church instead of tightening it down too tight. Okay. And I
Senator Clarke Tucker
Unverified
16:20
got one more, a question about one more section. I appreciate the indulgence, Mr. Chair. I will, I'll
do it when I ask before you go on because you're pointing on this, you're talking about line five and so i'll be honest you're talking about a bit of a word soup there so i was trying to follow with you as well yeah uh because it's all about the fact that if it's religious and if it's
operating so bottom line if they're not allowed to operate they can't worship they can't pray they can't do anything that they might want to do so i didn't know if i'm missing your what you were
Senator Clarke Tucker
Unverified
16:58
trying to make a point on my question and i may
Senator Alan Clark
Unverified
17:02
be misreading the bill uh that's certainly a possibility, but it seems to me that the bill is targeted toward protecting religious institutions from particular treatment during an emergency. And I may have that wrong. And so I understand
why subsections A and C accomplish that purpose, because if they're religious or they're engaging in the exercise of the right to practice religion and they're being targeted for that reason, that that goes to the purpose of the bill, I get that. But what I'm missing, and I still am missing to this point, is how B would be different than any business, for example, or any organization that operates under the law in Arkansas. If all they're doing is operating, or seeking to operate during a disaster emergency,
why this bill is necessary to protect them as a religious institution in particular. I think it's
probably because you just fundamentally have a disagreement on perspective. But Senator, your last question, go ahead. Thank you. So
Senator Alan Clark
Unverified
18:05
under subsection three, and all of these, these questions really are applicable to both this section dealing with the governor and with the board, because the language is very similar. So in subsection three, religious organization,
you know, can assert a claim. I understand where that's going and the declaratory relief and injunctive relief, I understand the need for that. I guess I'm curious about the thought process behind compensatory damages and attorney's fees. I guess my questions are number one, what's the thought process there? Number two, if you have an example of how that may apply. But I guess really the main question that I have is who would pay that? Would it just come out of the state treasury
or does the governor's office have to pay for that under this section and the State Board of Health under the next section? Or if there were an award of compensatory damages or attorney's fees, what funds would be used
Senator Kim Hammer
Unverified
19:07
to pay for that? I'm going to give what I think is the right answer subject to being proven wrong, but my initial reaction would be, first of all, I think I heard two questions in there. One is, what's the purpose of the need for compensatory damages? is from a church perspective, although church members should tithe, whether they're in church
or not, they need to be diligent because that's what the Bible teaches we ought to do. The reality is sometimes I think that if a church was to be shut down by the government or if there was a mentality of the government to restrict religious freedom so as to cut off the money supply, because if you notice at the first page of the bill, the financial impact that religious communities make to the nation or the benefit of the nation, I think that this would create a pathway forward should that be the case. That would be my initial reaction to it. The
second is, I want to think that probably if it came down to that, that we'd be before the Claims Commission and we would handle it through the Claims Commission. I will research that if I'm blessed to get it out of here. I'll research that and bring the answer to the floor when I present
the bill. Okay. Thank you, Senator. Thank you, Mr. Chair. And I
do appreciate the questions. Thank Thank you. Senator Garner. Thank you, Mr. Chair. Go back to page 5, that section 5. My interpretation of that is from my first amendment class when I went to law school and it's been a little bit is that the free exercise of religion and protections you get are very specific in how that will work and that you as a preacher at a church should know there are probably operations that go toward that practice of the first amendment, practice of free speech and religion that may not be considered inherently religious.
Say, if you're doing a budget meeting or you're in the business meeting or doing some other kind of activity that would go toward the actual free expression of that religious belief, but wouldn't maybe be considered an actual First Amendment protection. And this seems like a catch-all that would allow you to operate that church, maybe not directly under the protections of the First Amendment, but in contention to it. That's kind of my interpretation of why that would probably be needed. Do you agree with that, Senator Hammer? I would agree because
Senator Kim Hammer
Unverified
21:13
in order to have the ability to exercise your free speech,
it takes a lot of support mechanisms behind that in order to get that free speech expressed. And if you're prohibited from doing all those other things, which if I was of a devious mindset, I would probably attack it from that direction so as to silence it over here. And
I haven't done a deep analysis of it, but some of the other states that have been more restrictive on religious freedom, I think have restricted those abilities as well. So I think that's a good measure to add to this. Thank you, Mr. Chairman. Thank you, sir.
Senator Greg Leding
Unverified
21:42
Members, are there any other questions for Senator Hammer on this?
Seeing no other questions, I do see we have about one person signed up to speak for the bill. Do they still want to speak for the bill? Senator, I think he's waved on. He thinks you did a great job. I think I'm ready to move on, Mr. Chair. I sense a positive environment in the room. Okay. Well, I appreciate that. Members, any other questions for Senator Hammer? He's closed for the bill. Do I have a motion? I have a
motion. Do pass from Senator English and a second from Senator Bledsoe. All those in favor say aye.
Senator Kim Hammer
Unverified
22:18
Aye. All opposed, no. The bill passes. Thank you, Senator
Bledsoe. Thank you, Mr. Chair, and I will address your questions. Thank you. Very good. All right, members. I think Senator Wallace is still here and Representative Dotson, so we've got three more. I'm going to recognize Senator Wallace for SB 118 and 119, and these were already attended to without objection earlier in the meeting and do apologize for the hiccup for late yesterday. Maddie and I have talked, we're going to try to talk more
regular in the evenings to make sure that we get these on the schedule. I'm sorry? If you would like to, I did, I actually included that all in the without objections, Senator English, so you'll be on the docket here next. Senator Wallace, good to see you, sir, and just for purposes of folks that are watching testimony, if you'd state your name for the record, and the same for Secretary Fetcher. Thank you, Mr. Chairman, members.
Speaker 79
23:22
I'm State Senator Dave Wallace, District 22. Thank you. Amy
Speaker 80
23:26
Fetcher, Secretary of Transformation and Shared Services. Thank you for
being here. Senator Wallace, you're recognized, sir. Thank you, sir. This is
Speaker 79
23:33
a really good bill. It's going to help young folks who get into the government and it's not going to cost us any more money than we're already spending. So I kind of like that. It's designed to expand the scope of OPM internship and it will allow our different agencies to bring in what I
call summer help at a pay of $12 an hour and it will be for undergraduates and even graduates and it will expose those young men and young women to how state government works in the different agencies. Some points that we think it will work will help, it's going to be a real powerful recruiting tool for us because it lets these young folks early on see how our state government works. So it's going to increase the recruitment of a talented workforce and best of all
there's no increased physical impact at all the salaries must be absorbed within the departments of the budgets and with that I'll stand by for questions and I think Secretary Fetcher has more that she can add to this. All right Secretary Fetcher. This
Senator David Wallace
Unverified
24:46
I was in committee I think the first week of session just telling you about it was one of our package bills and we do feel like it will be a great recruiting tool and expose young
people to state government and public service and we're happy to answer any questions.
All right, Senator English you're recognized for a
Senator Jane English
Unverified
25:06
question. So I don't really have a question but I do have a attaboy because I think we work really hard in today's world to try and find work based learning opportunities for all of our young people and there's no better place for a workplace-based opportunity than in state government where they have an opportunity to look
at all the different kinds of things that that are out there doesn't mean that's where they're going to go to work but that gives them an opportunity to think about what their future career might look like so
Senator Greg Leding
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25:42
I love the bill all right members anything else any other
questions I don't see any. Senator Wallace? Oh, Senator English, you got another one? Oh, they're wanting to get you guys out of here. Are you closed for your bill? I am
closed, sir. All right. I have a motion do pass from Senator English with a second.
Senator Bledsoe, all those with a favor say aye. Aye. All opposed, no. Bill passes. Thank you. Thank you, sir. Senate Bill 119. Senator Wallace, you're recognized again. Sir, another
Speaker 79
26:16
good bill, and it serves as a clean up for some statutory language concerning the practical uses of leave in day-in, day-out operations. It allows our government entities not controlled by the ASIS, like the General Assembly, to establish a catastrophic leave bank.
Currently, we don't have that. Some of these other agencies don't have it. It removes any reference to the shared leave program, which was repealed in 19, or I'm sorry, 2017. And it requires an employee to use up all of his leave, all of the vacation time, too, I believe, before he or she can receive this type of leave. And with that, I'm going to allow Secretary Fetcher to add to it.
Senator David Wallace
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27:02
As Senator Wallace said, it is a cleanup bill.
there's a little bit of language that's contradictory in the current law, and this just expands it where General Assembly or other constitutional offices could set up their own catastrophically fund. Okay. And again, Mr. Chairman, there's no physical
Speaker 79
27:19
impact to our government. Okay. Senator Garner, you have a question? Yes, sir. On page 2,
Section 8, why are we getting rid of that temporary employee definition? Is it covered someplace else, or is it just allowing y'all to set your own temporary employee definition?
Senator David Wallace
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27:39
I believe it's excluding temporary employees from accessing the catastrophic leave. Is that currently the policy right now? No. So they can't access
Speaker 97
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it now, is what you're saying, ma'am? No, they can
Senator David Wallace
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27:58
now. They can now, and we're going to cut them out. because they're temporary employees, I believe, is the intent behind that and not full-time state employees. Okay.
Speaker 100
28:11
All right. Senator Clark, Tucker, excuse me, Senator Tucker. I'm okay with
Speaker 70
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that, but Senator Clark may not be okay
Senator Alan Clark
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28:20
with that. I had the same question that Senator Garner did, and he asked about the temporary employees on lines eight and nine on page two, but I have the same
Senator Clarke Tucker
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28:30
question about provisional employees on lines one, two, and three of page two, and I'm guessing
Senator David Wallace
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28:36
the answer is the same. Yes, I really need to check with OPM, but I don't think that temporary
or provisional employees can accrue leave now so that they're there on a temporary basis, so they couldn't, this would prevent them from getting catastrophic leave as well. So there's no accrued leave
Senator Alan Clark
Unverified
28:54
for them to exhaust before they would go into the catastrophic leave bank. Is that right? Correct. I think
Speaker 30
29:00
the intent of that was just to clean up and remove that from the current language. I don't believe our temporary employees accrued leave like this.
Thank you. Very well. Members, any other questions on this bill? I don't see any. Senator Wallace, do you have anything further? Sir,
Senator Greg Leding
Unverified
29:21
I am closed. All right. Members, do I have a motion? I've got a motion due passed. Senator English seconded with Senator Hester. All those in favor say aye. All
those opposed, no. The bill passes. Thank you both. Thank you, Mr. Chairman. Thank you, members. Thank you, Senator.
Members, Senator English is going to present SB 163. Just to let you know, I've got Representative Dotson over here that we'll take up, and I think Representative Watson has come in as well. And I think that's a very simple bill that he's got, so we'll
Senator Greg Leding
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29:58
definitely hear those. And Senator English, this is simple. Famous last words. On controversial
Senator Jane English
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30:10
things. And I'm pleased to have Colonel Retired Rob Ader with me,
who is with AEDC and is the Director for the Military Affairs Director, or whatever you call it, plus also our logistics person and for making sure we get all of our shots out to everybody. Yeah, well,
Senator Greg Leding
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30:27
we'll try to withstand asking questions about the other side of that. He probably has the answers. Yeah, but so, Senator English, obviously, we know you. If you would, Mr. Ader, if you would announce who you are and who
Speaker 110
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you represent for the record. I'm Colonel Robert Ader.
I am the Director of Military Affairs at the Arkansas Economic Development Commission and the overseer of the governor's military affairs initiative. Thank
Senator Jane English
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30:57
service, sir. Thank you, sir. Senator English. Thank you very much. So in 2016,
Governor Hutchison appropriated funding for a military affairs committee, set that up because he thought that was a very important thing for the state of Arkansas. And this basically codifies, put into law, puts into law the military council.
And so I'll let Colonel Ader describe all the things that go into that and
what we're doing. Very simply, sir, in 2015 when Governor Hutchinson came into office, he asked the question about what was a part of our industry sector that was not being identified and worked. He was given the answer about the military affairs or the military installations that we have here in the state and altogether we did, one of the first things we did was to commission a study on the economic impact
of our military installations within the state, and it worked out to be just under $5 billion a year to the state of Arkansas. So obviously a very, very important sector of our economy that employs both direct and indirect of over 62,000 people in the state of Arkansas. And so this was just really an effort to make sure that the five installations that we have in the state that we are answering the questions about that would make them vulnerable to any kind of future base realignment and closure and doing the things proactively to prepare them
so that we make sure that the missions here in the state of Arkansas remain going forward and try to avoid what we've seen in the past with a good example being at Eaker Air Force Base and the repercussions of when we do have a military mission that leads the state. and so far we've been very, very successful in adding to the missions, and I can talk at length about the many successes that we've had, and so we've made good use of the resources that have been given, and I will tell you that really this whole bill
is doing nothing more than codifying exactly what we've been doing and been very successful with over the last four and a half years. Okay.
Members, do you have any questions? Senator Garner, you're recognized. Thank you, who picks
these members? Sir, initially the members that are currently on there, they were recommended and then generally it was about two people from each one of the areas of the, around each of the installations so that we were getting a good regional look at,
you know, around the different installations. So after that, you know, what's gonna, what you see in there is that the governor would then appoint as part of the codification process that we would go into a more formal process. One, I must have missed it. I've
looked through multiple times to try to find that language where it actually says it's appointed by the governor. If it's in here, could you find that for me exactly? Because I've said I've looked through multiple times. It says how they might serve and without compensation, but
I missed the part where it says the governor actually appoints all of these. Sir, that was the intent.
I would be lying to you to say that, you know, because honestly, one of the things that I wanted to be able to do is to actually have some flexibility to be able to have different
Speaker 122
34:09
people that would have a different perspective. An example would be...
Let me interrupt, sir. I don't care who you pick. I want to know who picks them. And if you're saying the governor does, and I'm not seeing
it in the language of the law, then in theory, it could be Mike Preston could pick them. It could be somebody, the chair of the thing could pick them. I don't know how it's done. That's my question. Up until now, it's been that the governor has told us
who's going to be on it through recommendations that are coming from the GMAC. Okay.
Speaker 124
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And if that's not in Lowell, would you want to
Speaker 126
34:43
add that? We can. We certainly can, because that's the process that
Senator Jane English
Unverified
34:47
we're following right now. That's pretty much the way most of these things
operate, so we can put that in there. That's just a point of clarification, maybe it doesn't make a difference. My second question, if I may, Mr. Chairman. So the person who the director of Arkansas Economic Development actually hires a military affairs director,
and then they have the power and authority to kind of administrate this commission. So that's already a paid position within their budget and the hiring criteria goes through the normal hiring criteria we do for any other officer? That is correct. And I was hired and I worked for Mike Preston or
Speaker 129
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Secretary Preston. Okay, okay, thank you. Senator English? I'm closed.
Senator Greg Leding
Unverified
35:33
You're closed. I was just wanting to, I was kind of asking there,
I didn't know if you had an opportunity for an amendment. Is that what you were talking with? Sure, yeah, I mean, that's not a problem. I don't know many of
Senator Jane English
Unverified
35:47
these that aren't governor appointed. Okay. Yeah, and I'm sure that was the intention. It just may have been left out, but I'm sure that was the intention. I don't think anybody, Rob would not be able to put anybody on that. it would only be the governor, but we can add that as an amendment. What's your pleasure? Add it as an amendment.
Okay, so you want to hold the bill so that you can put an amendment on? We can do that. You want to do that? Yep. Then we can take it up Thursday and let that handle. So with that, I would just pull the bill down for today and allow you to handle your amendment and take it back up. Is that right? All right. Well, we'll do that then. Thank you very much. Colonel Lader, thank you for being here. I believe it's the first time that you've presented before the committee. Is
this your first time ever? Sir, last legislative session I had some opportunity to talk about some spousal licensure, but this is the first time before this committee.
Well, I wasn't on that committee, so it's nice to meet you. We do thank
you for your service, sir. Well, thank you for yours, sir. We're multitasking. All right. All right. Members, we'll take this back up Thursday of this week. And I appreciate Senator Garner pointing that out. I think that's important to cover that as well. So at this time, we are down to, I believe, Representative Dotson. We want to go ahead and take you, and then we'll go back up for Mr. Watson.
So, members, this is one of those bills that we stated without objection that we'd go ahead and hear. So Representative Dotson,
Representative Jim Dotson
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37:29
you're recognized for presentation of HB 1121. Thank you, Mr. Chair, members of the committee. HB 1121, to kind of explain where this bill came from, every year the personnel subcommittee of ALC reviews all of the employment hiring program handbook language
that is in all of our state agencies all across there, and it's a book that's, if anybody wants to go through it, it's a fairly detailed and, I mean, fairly thick book with all the different ones. And I went through it a couple of, the last couple of years, and just looked at all the various ones, and there's no consistency in the language. Every department, every agency has a little bit different language. So basically what this bill is, is an effort to provide consistency and language across all of those.
I took what the federal language is for the EEOC, and if you look on page two of the bill, it puts in there that the employee handbook or manual of every state department agency board commission. on through there, it says, shall include a section that says the state does not discriminate in access to employment opportunities or in employment or practices on the basis of race, color, religion, sex, national origin, age, disability, or genetic information. So that's taken straight out of the federal statute.
So I'm more than happy to try to
Speaker 141
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answer any questions. All right. Members, have
Speaker 46
39:05
any questions on the bill? Seeing none. Anything further? No, I appreciate this. There
Representative Jim Dotson
Unverified
39:10
were no questions on the House floor either in the past 90. Don't kill it. It was over 90-something to zero. So it wasn't quite a Senate vote where it was 35-0, but it was as close as we get. I
Senator Greg Leding
Unverified
39:24
have seen the Senate pass things unanimously, and they absolutely get destroyed on the other end.
But I'm close. Thank you. Yes, thank you for coming and presenting the bill. members do I have a motion.
I have a motion do pass from Senator Garner, a second from Senator English. All those in favor say aye. Aye. All opposed, no. Bill passes. Thank you, Representative Dotson. And members, I know of one left on deck. Representative Watson, we'd love to have you come forward for presentation. This will be back up towards the top of your bills, members. House Bill 1262 to amend the duties of the Secretary of Department of Public Safety, who I believe
Senator Greg Leding
Unverified
40:01
she is in the room. Secretary Cook, it's good to
see you. You're recognized Representative
Representative Danny Watson
Unverified
40:26
Watson. Thank you, Mr. Chair. Thank you committee members. House Bill 1262, Arkansas Code Annotated 2514-1403 outlines the functions and powers
of the Secretary of the Department of Public Safety. Proposed addition is to allow for the Secretary, if they meet minimum standards set by the Commission on Law Enforcement Standards and Training, to maintain their law enforcement certification and status while serving as a secretary of the department. The department may, unless otherwise provided, be classified and designated as a law enforcement officer after meeting the minimum standards for
appointment as a law enforcement officer as established by the Arkansas Commission of Law Enforcement Standards and Training. Secretary Cook meets the standards before transformation as director of ELITA and she is now secretary of the Department of Public Safety and she meets these requirements commission certified law enforcement officer. It's no change, no new hire, it's just additional duties. Okay. Any
questions? So it doesn't require that that person be
a law enforcement officer, it just states that if they are and they already meet the standards that they should continue to be? Is that it? Just for my own education on that, if a law enforcement officer, there is not a time period by which they somehow lose that status, is there? There is. Is there? Okay, well that's why I wondered if there's a reason for that then. So what is that? Do
Representative Danny Watson
Unverified
41:59
you know? I'm going to yield back in my day. It used to be seven years,
but I could stand to be correction I understand it has changed. Ms. Cook would have that answer I promise you that. So that
we could save time for if she just wants to say to you from there I don't
mind okay now and that was a little longer than I thought so but thank you but I believe what was stated it is that after six months that there would be have something have to go back for some additional
certification yes then after seven years uh it would be a problem correct i'm making it i thought
i was making something simple now i'm making it very complicated well all right the
longer i apologize because that's been a train wreck for those watching because they couldn't hear that, but the bottom line is that this would allow someone that is a law enforcement officer to have no problems with keeping their
certification while serving in the position. Is that correct, sir? That's correct. All right, very good. Members, are there any questions on this? I think that's a good an actual very good thing because it just makes perfect sense to me. So without any other questions, I have a motion. I have a motion do pass Asked from
Senator Garner, second from Senator Bledsoe. All those in favor say aye. All opposed, no. Representative Watson, have you arranged for somebody to carry this on the floor?
Speaker 40
43:44
I'll visit with you, Senator Garner. Thank you, sir. Okay, all right. Well, I just noticed that nobody was designated.
Thank you for asking, yes, sir. Thank you very much. Thank you, committee. Appreciate that. Members, is there anyone else here that has something to come before the committee? Or is there anyone that would like to say something? And I apologize for, well, first thing, I'm glad that we got through several bills. Secondly, though, I think that we'll get back, hopefully, just getting everything on there and not having a problem. Have you all received an email about a meeting on the redistricting from, okay, well, I don't know if you all have or not.
I will take a look at that. I got one earlier today that there is a meeting that was going to occur. I believe it's tomorrow's the 3rd. I think it may be the 3rd. It was with the Bureau. And so I'm not saying that it's necessary. You have to go. I think it was just an informational meeting about some of the delay, which we've already related to you. So if you have any questions, let
me know on that. Otherwise, we'll be back to finish up on Thursday. All right, we're adjourned. Thank you.
Agenda
Call TO ORDER
SB172 G. Leding CONCERNING RECORDS AND PHOTOGRAPHS KEPT BY THE STATE CRIME LABORATORY; AND TO DECLARE AN EMERGENCY.
SB228 Rapert TO MAKE TECHNICAL AMENDMENTS TO STATUTES GOVERNING THE ADMINISTRATION OF THE DIVISION OF CORRECTION AND THE DIVISION OF COMMUNITY CORRECTION.
Motion Do Pass by Sen. Bledsoe & seconded by Sen. Garner
HB1262 Watson TO AMEND THE DUTIES OF THE SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY.
HB1211 Bentley TO REQUIRE THAT RELIGIOUS ORGANIZATIONS ARE PROTECTED DURING AN EMERGENCY; TO DECLARE AN EMERGENCY.
SB118 D. Wallace TO CREATE THE ARKANSAS PUBLIC SERVICE INTERNSHIP PROGRAM; AND TO ESTABLISH EXTRA HELP POSITIONS FOR THE ARKANSAS PUBLIC SERVICE INTERNSHIP PROGRAM.
SB119 D. Wallace TO AMEND THE UNIFORM ATTENDANCE AND LEAVE POLICY ACT; AND TO AMEND THE CATASTROPHIC LEAVE PROGRAM.
SB163 J. English TO CREATE THE ARKANSAS MILITARY AFFAIRS COUNCIL ACT; TO ESTABLISH THE MILITARY AFFAIRS GRANT PROGRAM; AND TO DECLARE AN EMERGENCY.
SB227 RAPERT CONCERNING THE RESPECTIVE DUTIES OF THE PAROLE BOARD, THEDEPARTMENT OF CORRECTIONS, AND THE SECRETARY OF THE DEPARTMENT OF CORRECTIONS; AND CONCERNING THE VOTE REQUIREMENTS FOR THE PAROLE BOARD TO ACT.
HB1121 Dotson AN ACT TO CREATE CONSISTENT LANGUAGE FOR ALL STATE ENTITIES, INCLUDING WITHOUT LIMITATION STATE DEPARTMENTS, AGENCIES, BOARDS, AND COMMISSIONS, REGARDING THE EQUAL EMPLOYMENT HIRING PROGRAM; AND FOR OTHER PURPOSES.
ADJOURNED
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — STATE AGENCIES & GOVT'L AFFAIRS-SENATE, Feb 2, 2021 | Agenda | 2 | Official source ↗ |
Speakers
Senator Jason Rapert Chair
Unverified
Senator Trent Garner Chair
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John Feltz
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Speaker 27
Speaker 29
Speaker 21
Senator Greg Leding
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Speaker 43
Senator Kim Hammer
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Senator Alan Clark
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Senator Clarke Tucker
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Speaker 57
Speaker 79
Speaker 80
Speaker 82
Senator David Wallace
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Senator Jane English
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Speaker 97
Speaker 100
Speaker 70
Speaker 30
Speaker 110
Speaker 112
Speaker 122
Speaker 124
Speaker 126
Speaker 129
Representative Jim Dotson
Unverified
Speaker 141
Speaker 46
Representative Danny Watson
Unverified
Speaker 40