Senate Convenes

Senate will be called to order. Are there any requests for leave at this time, Senator Kroll, you're recognized Senator Murdoch. Thank you, Madam Secretary, please call the roll. Boyd leave Bright called I'm sorry, it's Bryant Lee. But Bo Brightly, Caldwell, Clark, Crowell, Davis, Des, Dima Dotson, English flippo flowers leave, Gilmore hammer, Hester Hickey, Hill, Irving, Blake Johnson, Mark Johnson, King, letting, Love, McKee, Murdoch, Lee, Peyton, Penzo Petty, rice scot, stone, stuberfield Sullivan, Tucker, Wallace. Thank you, Madam Secretary. If everyone in the chamber and in the galleries would please rise. We will be led in prayer by Senator Crowe, followed by the Pledge of Allegiance. Senator Kroll, you're recognized. Dear Lord, thank you so much for today. Thank you so much for the freedom we enjoy in the United States. Thank you so much for these men and ladies that are here to do the people's work. We ask that you got our hearts in the right way and you got our hearts in the, the good way that you would want us to. Bless this day in our lives. Amen. Pledge allegiance to The United States of America and to the republic for which it stands one nation under God, invisible with the liberty and justice for all. Thank you, Senator Crow for those words, ladies and gentlemen in the galleries, welcome to your Arkansas State Senate is our expectation that each of you will exercise proper decorum and govern yourselves accordingly during today's proceedings. Without objection, the rules will be suspended and the Senate will dispense with the reading of the journal, The Morning Hour has now begun. Are there any announcements or introductions at this time, Senator Kroll, you're recognized. I would like to take a moment and recognize the young lady up there. She is shadowed me this whole week and has been blessed by all the senators and this nice weather Caitlyn Jeffries, she's gonna go to you. Verity of Louisiana Tech and go political science, but she has opened her eyes to a lot of things that can be done for uh politics and give her a round of applause. Thank you, Senator Kroll and that round of applause, young lady was for putting up with Senra Kroll this week. Any other announcements, introductions, Senator Wallace, you're recognized. Thank you, Governor. Members, we've got uh 2 state senators from Mississippi and uh I would like to ask for permission to introduce them and to allow them to sit on the floor with us today. And we have uh Senator Ben Suger, who is a lifelong friend of my, my son. Um, and we have Senator Tree, make love for. Say that again I messed up one. Toler McLaughlin, uh, and I've asked him three times, so that's that's lick on me. I and I'd like to introduce both of them and welcome them into the Senate today. And governor with that, I'd just like permission for them to sit on the floor. Thank you, Senator Wallace and gentlemen, welcome to the Arkansas State Senate. It's always great to have our neighbors with us. Any other introductions or announcements at this time. If not, Madam Secretary, are there items at the desk? Will your committee on the gross bills was for Senate by 189 compared to the grossed copy of the rich and Feinstein correctly engrossed. Public health Committee on Gross Burst who was first sent the 212 by Central Hammer Committed the gross copy of the ritual and find sign correctly engrossed. State agencies. We're a Committee on Insurance and commerce to his first Senate Bill 94 by Senator Johnson, recommend new pass calendar Committee on Insurance Commerce, who was first Senate Bill 236 by central Board recommend pass calendar Committee on Insurance Commerce, who was first sent 237 by Central Boy recommended pass calendar Committee on Insurance Commerce, who was for 240 by Central Hill recommended pass calendar Committee on Insurance Commerce, who was first Senate Bill 242 by Senator Hill recommend DuPint. Calendar Committee on Insurance Commerce who was for house for 1193 by Representative Kavanaugh, recommend due pass calendar Committee on Joint Budget who was the first Senate bill 75 by joint budget recommend DuP pass as amended number 1 calendar. December 262 by Central Pennzo to amend the corporate practice of medicine, uh, doctrine and to authorize a licensed medical professional who owns a medical corporation to maintain ownership of an active license or retirement 262. Public health 7263 by Senator Crowell and Representative Schultz to increase the homestead property credity 236. Revenue 262 revenue and taxy 264 by Senator Irving. establish the Arkansas primary care payment improvement working groups 264. Public health symbol 265 by Senator Irving to reduce and modify the membership of the licensing committee relating to water, wastewater and the licensing committee relating to solid waste and to eliminate the apprenticeship license from solid waste license and 265. Public health Any other business to come before the body in the morning hour, if not the morning hour has expired, we will now begin the business agenda. Beginning with Senate. Resolution 26. Senator Hester. I got. or Senate resolution 26 by Centra Hester to authorize recesses of either of either or both chambers for periods of 4 consecutive days or longer. Senator Hester, you're recognized. Thank you, members. This this is mostly for us when we decide to take spring break. So if you want to be able to take spring break in a few weeks, this is what gives us the ability to do it. If you don't vote no. If you are for us being able to break for spring break. Now we discussed this early on in session. This is the actual resolution that would allow that to happen. Happy to answer any questions. Any questions for the senator. If not all those in favor of Senate Resolution 26, please signify by saying aye, and he opposed I I have it, Senate resolution 26 is adopted. Amendment 1 to House Bill 1. 007. Amendment 1, the House Bill 1007. Send rice. That's just a drafting era that uh uh my friend Senator Tucker Colt and we met it in committee and my mail and uh my friend Senator Tucker Colt and we met it in committee and my mail and represent Perrier's bill, but my bill on this end, my amendment. Thank you. All those in favor, Amendment 1 to House Bill 1007, please signify by saying aye. Any opposed, I habit amendment is adopted, please send to engrossing. Senate Bill 87. Cinel87 by Senator Mark Johnson, to amend the law concerning county planning to create a penalty for violation violating a subdivision ordinance and to amend the law concerning the membership of a county planning board in certain instances. Senator Mark Johnson, you're recognized to present your bill. Thank you, Madam President. Colleagues. Every now and then I think we need to have an award for the most confusing bills to come before the General Assembly, and I, I'd say this is at least a nominee. Uh, some of you may have heard from your county judges or other county officials that this is a terrible bill, but before you decide whether it's a terrible bill or a good bill. Let me clarify one thing. This bill only applies to one county. And that's the one we're sitting in right now. And for Senator Tucker and Senator Love and Senator English and my other colleagues in Pulaski County. If you have questions, I'll be thrilled to try to clarify what this does and everyone else can just kind of listen because it does not affect your county. Now, we allow under state law, we have permissive legislation that allows counties to create planning boards analogous to our city planning commissions, which have zoning and other land use regulations and there's incorporated areas. But we also allow counties. do this, but it's permissive. It's not required. Uh, in Pulaski County, we've had a few problems. There's currently a concerted effort going on which many of my constituents feel will lead to county-wide zoning. And some of you may say, gosh, that would just be wonderful. We have county-wide zoning where in the rural areas, uh, we have the same kind of land use restrictions that we have in cities. Well, I live out in the country for a reason, and many of you in this room live out in the country for a reason. So we had an issue that came to my attention that in Pulaski County, a majority, I think it's about 2/3 of the members of the Pulaski County Planning Board do not live in the area that their jurisdiction covers. They live in one of the cities. And consequently, it's analogous to the old argument taxation without representation. In this case, it's zoning and land use without representation. There's nothing in the current law that would keep the county judge from appointing only people that live in the cities to exercise this authority over the unincorporated areas. Now this, if you really want to think about it, this would be analogous to uh uh Land use planning in North of Iraq being decided by the Little Rock Planning Commission or land use in North of Rock being decided by the Sherwood Planning Commission. So for the 2nd time and I told Senator Rice, I would say this at least 3 times. This only applies to Pulaski County. There I believe there are only about 15 counties in the state that have any form of a county planning board and all but I think 3 have quite limited jurisdiction. Now if you'll look at the bottom of uh I'm sorry, at the starting on line 2 on page 2. A county with a population of 200,000 or more to the most recent federal decennial census that contains 8 municipalities or less. shall select members of the county planning board. So what that means is that The larger counties like Benton and Washington. That have more than 8 municipalities. This doesn't apply to them either. Now, if you think about it, Washington County is probably a good example. I can't even name all the little towns in Washington County, but y'all, you know, I think Senator Dees knows them. There's a lot of them, and we're not trying to affect them either, but a vast amount of Pulaski County because we all think, well, you, you know, it's the big, big dog because it's so populated, but the vast majority of the land area of Pulaski County is unincorporated, a large portion of it. If you look at the map out where I live in Ferndale and people rolling and natural steps and Little Italy and all that part of the county uh where it's unincorporated, uh, that's, it's quite a bit of land in the county, but we've got a majority of members of this board that are, are trying to institute some uh things that are not desirable to my constituents out in that part of the county. Now, I don't know about the opposite corner, the southeast corner, but it's also unincorporated like that and some of the areas in the northern part of the county are. And we're simply saying that If you're going to have a board, it should represent the people uh that are being affected. Now, because of some questions that were brought up and I thought they were legitimate. So I amended the bill, and here's what I changed. Instead of it just being that if you, you have to live in unincorporated area to serve on this board. Now only 2/3 of the voting members of the county planning board shall reside in unincorporated area. So this is to make sure that those that are making the rules that tell us how to live out in the area where I live. Or my colleagues or my people that understand and that they're represented. And so I've turned the status quo on its head instead of 2/3 of the people living in Hillcrest and the heights or Jacksonville. They live in the unincorporated part of Pulaski County. Uh, there is a section 2, and I haven't had anybody complain about this. Uh, and it says that uh a person who knowingly violates a subdivision ordinance requiring plant approval by county planning board. Uh, subject to that basically you can't sell a parcel of land that's not platted, uh, Without, uh, you could be subject to a fine if you know only violate knowingly knowingly violate. I think there was a word that uh uh and, and Senator Bryant's not here. He took umbrage with the word that I used in addition to knowingly. I think it's a knowingly and I'm sorry, the word escapes me at the moment, but those of you at City County Local remember that I changed the bill. I amended the bill to take that flagrantly was the word. Now I recall, flagrantly, and all we're trying to do with that is say that if you do this and it was an honest mistake. Then you're not going to be fined, but we've had cases where uh Platts would be places uh property would be sold without it being properly planted, and that means they can get a water meter, they can get the other things are done, and this, I actually had a county judge who who had problems with the original bill, uh, say, but he liked that section. He thought that was the way it should be. So to reiterate for the 3rd time. I told you, Senator Rice, I would tell you if your county judge has called you and said, oh my Lord, it's a terrible bill. We don't want this. It doesn't apply to 74 of our 75 counties. Now, theoretically, if these counties grow and lose municipalities. So if there's a bunch of places in Benton and Washington County that, that disincorporate and in the or another county grows to 200,000 during the and is measured during the 20-30 census. Theoretically this would apply to it, but I did pledge to the only one that's brought that point up to me that I would work with them in the future to clean this up, to make sure it didn't apply to them. Now, anytime we have county jurisdiction and city jurisdiction. We're going to have some friction, uh, many of you live in an unincorporated area, and you know you like being out there in the country and you know that your neighbors like being out there in the country and they don't want planning jurisdictions, telling them what to do. This is very limited in its scope and it specifically done to make sure that whatever is decided, whatever a board like this determines that you know that it was a decision made by members who live in the area and shared the concerns of people in the unincorporated and rural areas. So for the 4th time, this only affects one county. And I will Fight forever to make sure that it's limited to that or someone in a similar situation, which at this time we don't have another county that where this is a problem. So with that, Madam President, I'd be happy to answer any questions. Any questions from any senator regardless of county, Senator Payton, you're recognized. Thank you, Madam President. I think I agree with the wisdom and the fairness of making sure that the unincorporated rural areas are represented on the on this board. So with that said, why would we limit it to one county? Well, Senator Payton, one of my favorite lines is politics is the art of the possible. I have a specific problem. I would think that a, a good county judge would make his appointments based on that logic that the people that are being affected will be the people that should be represented, but it's not in the law to require that. So while I think it would be OK considering you have wise county judges that ascribe to the same logic that you just stated, but I don't know that we can count on that and, and while I, I am The long run and the future and in a perfect world, I would absolutely agree that that's the way it should be, but, you know, we're trying to deal with the specific problem here and so I'm uh trying to uh get this taken care of and then maybe in the long run, we can look at this whole what I call friction between cities and counties on, on controlling land use. OK, if I could have a follow up, Madam President, um, Section one has language that would seem to limit it to a certain county, but Section 2, or is it your presentation today that that only affects one county. Section 2 regarding with the uh uh the, the, the plat, if you, if you improperly, uh, you don't file a plat and prove that you repeatedly said this bill only applies to one county, but it would appear to me Section 2 would apply to every county. I stand corrected. I believe that it would, and I think that's a positive thing, Senator Payton, but it, but it does, it would apply, I believe, to every county. OK. And If I may continue on the because that has nothing to do with, uh, well, again, the answer is yes. The idea that Section 1 may be prudent. And we need to convince our county judges that that would be a prudent. Line of action, you know, to appoint members from unincorporated areas and, and you yourself stated that it could be a foot in the door or down the road it might need to be a change to affect more counties with all that said, I mean, wouldn't, wouldn't it be wise for us to listen to our county judges who are, who are not yet convinced that this is only affecting one county or maybe they're reading section 2 and, and they're worried about its application, but shouldn't we do the same thing? And listen to the counties. I don't know if I could follow that one. I I tend to agree with you on most of your logic, Senator Peyton, but in this one, I'm not so sure that I do. I think that we have to deal with the world the way it is, and as things change, we have to come down here and and modify the law. That's why we're supposed to come every 2 years, you know, so some people that think that if you fixed the Constitution, you would say that the General Assembly shall meet first instead of meeting for 60 days every 2 years, we'd meet for 2 days every 60 years, but We are stuck with the system that we have right now, so I would, I would say that this is positive for the specific situation that it addresses. I cannot help the fact that, and let's, let's, let's be honest with each other. Association of Counties is going to send out a blast, and they're going to scare everybody to death, and I think that's what's happened, but this bill is very narrowly drawn for a reason, and it's to specifically address an issue where you have People living in the heights and Hillcrest telling people out in the Roland and Ferndale Natural Steps, and other unincorporated areas, how to live. And, and I appreciate the situation you find yourself in Plasky County and But we've established that half of this bill does apply to the other 74 counties, and as far as I know sitting here today, it may be that that's the part to have a problem with. So how do we know which part to have a problem with. Clarify the section 2 doesn't just apply to Pulaski County, but it does only apply apply to counties that have a county planning board. So about 60 counties, I believe, have no kind of county planning board 3 have, shall we say, a more substantial county planning board, and I guess that would leave the other 12 that have a very limited county board that does more limited uh activities. But for, for the vast majority of the state, that Section 2 would not apply either, although I think, I think if you're gonna sell piece of property, uh, uh, most of the time if it's in an area that has been platted, the plat should be filed if it's just way out in the country and meets and bounds is probably adequate. Thank you. Thank you, Madam President. Thank you, Senator Payton, Senator Tucker, you're recognized for a question. And then send her urban. Thank you, Madam President. My first question has already been handled eloquently by Senator Payton, which was if the rationale works for Pulaski County, why does it not work for every county? So I I appreciate Senator Peyton for handling that. Um, I, I got a few questions. I guess I'll start with, as you've established Senator, could I answer that more specifically, more so than Senator Payton asked it. Um, I had one county judge that pointed out that he had a member of his planning board, a very good person. That was the chairman, did a good job, lived in the unincorporated area, and his property got annexed. So under the bill, the way I had originally crafted it, that gentleman who was a good public servant, volunteer in the community serving on this board would instantly be ineligible to serve in that position, which was the reason that I amended the bill to change it to 2/3 of the membership must live in the unincorporated area rather than just the uh the entirety of it. So I hope that clarifies that. And yes, in some cases it should. apply, but again, we're dealing with practicalities here and not trying to create an unintended consequence that doesn't exist in the other 60 or so counties. And I'm sorry that I interrupted you, but I want to clarify the, the question you thought I answered to Senator Payton. Well, that example you gave would apply equally to Pulaski County and other counties as well. So I'm not sure that was responsive to that question, but, but my question is, as we've established Section 1 only applies to Pulaski County, and so is it not special legislation. Well, these, these numbers changed. Special legislation would say this only applies in Pulaski County, but we have lots of situations in the code that allow things that are, uh, And given situations, I'll use my favorite example of that is we allow cities in Arkansas uh to have an additional penny sales tax for, a municipal park. If they have a municipal park of at least 1000 acres that's located along a navigable river. Well, that applies to my knowledge. It applies to Burns Park in North Little Rock. However, ah, if another city along the Arkansas River were to create a 1000 acre park then it would apply to them too. So it's not local legislation in an absolute sense, it may only apply in this given sense today to one county, but theoretically, things could change and as some of these judges have pointed out, you know, we're Little County now, but we want to grow and be over 200,000, so it might need to be revisited at the proper time, and that answer is true even though you've stated your intent from the floor today would be to. exclude any other county in the future that happened to meet these criteria, not, not exclude, but, but just like I've amended the bill once to make it work better. I would amend it again if it needed to be done to do that. I, I think it would be good all over the state. However, uh, situations like the county judge I mentioned that had a good person chairing his planning board that would have been affected negatively if I had not amended the bill. I wanted to make sure we didn't have. such an unintended consequence, but did I not hear you say that you were committing for this to apply only to Pulaski County, and that you would change it in the future if you needed to. I did not know when I originally drafted the bill that it would apply to others, but we fixed the problem. I think if we can take away the law of unintended consequences, we could get through a session probably in a month and a half, but in the fact that we have issues come up that we need to adjust legislation to do its intended purpose. And not just to throw out a blanket thing that would create a problem in another jurisdiction. That's not what I, that's not what I asked, but I'll move on. But my next question is, I didn't hear this part addressed. For the counties that this applies to in theory, as we know it's only Pulaski County. The legislation says that once the person is appointed to the planning board by the county judge, then only the members of the court who represent unincorporated areas can vote to confirm that appointment. Can you explain that, please? It's just as clear as what you said. This would keep a majority of a quorum court from uh having a say over what happens out in The unincorporated areas. So in effect, it would be that if, if everyone, now let me clarify, Senator Tucker. That doesn't mean that the JP has to live in that incorporated area area. It just means they have to represent part of their district would have to include the unincorporated area. Do you know how many JPs in Pulaski County represent unincorporated areas out of the 15? No, sir, not exactly, but I know that a a vast majority of them live. In one of the incorporated cities, but I know that for example, we have one both sides of direction, both the, the, the northeast side and the southwest side and south northeast side, northwest side that straddle the line. For example, my JP uh lives in the unincorporated area, but uh JP in parts like for example, Senator Inglis's district represents uh or has Both, so we don't, we don't even know how many JP JP districts in Pulaski County, this would apply to at this moment, but does this not segregate a quorum court that represents the entire county? I think part of the problem here, Senator, is we have a board in place that just does that. It's segregated by city, the majority of the members uh don't have a dog in the fight. They're a subject to the Little Rock or North Little Rock or Jacksonville planning commissions uh for the, where they live, but they get to make decisions on where I live and where my neighbors live and other people living in the unincorporated area. It is, I consider it inherently unfair to have people that uh don't share our common responsibilities and obligations to have to do this. Now, I can turn this inside out and So this, this way, uh, I play Little Rock sales tax. Every time I go down Canis Road to Costco or Kroger and buy stuff. I'm paying a tax to the city of Little Rock, who does not come out and put on my next door neighbor's house caught on fire. Little Rock Fire Department, ISO Class One fire department did not show up to help put that house that fire out, and the house burned to the ground. So we can, we do have lines, you know, I live in, for example, I live in the extraterritorial planning jurisdiction. Little Rock does have some authority over what I do, especially on building codes, and I'm not opposed to that, but I am opposed to the fact that people that live in a jurisdiction that has no dog in the fight as far as what we do out in the country are a majority of that board is making decisions on what we do, and they They have recently proposed a land use plan which I believe leads to countywide zoning. And if you like county-wide zoning and that's fine. I don't. That's why people live in the country. Just, just two more questions, Madam President. I heard you say several times that you don't like people on the heights and Hillcrest. I'm just, you know, making rules for people who live in the unincorporated areas of Pulasi County, and I just am curious, are all the members of the Pulaski County Planning Board? Do they, do they live in the heights? Hillcrest? No, but they live in some incorporated to about 2/3 live in an incorporated city. I was just curious why you mentioned heights and Hillcrest. I'm not picking on your district, Senator. I'm not picking on you, but, uh, the, the, for example, the chair of the planning board uh lives, I believe in Hillcrest, but she lives either in Hillcrest or the Heights, and I'm and I used to live in the Heights, so I'm not going to, I don't think it's evil people live in the heights, you it. I think they're all good people, but they don't share the view and they don't represent the view of those of us that live in the unincorporated areas. OK, um, so, If we accept your logic, should, should only the senators who represent a portion of Pulaski County vote on this bill? No, sir, that's not allowed under the law. Now let me say this. I think our viewpoints and how we vote on bills often reflect whether we live in an urban area or or a rural area, and that's OK, but we we're all our district lines are drawn and I have the 2nd largest city in the MSA in my district right now as well as a lot of the rural area, so I, I try to represent both of them and and take a viewpoint, but when we have bodies that have authority over people, then we want some level of representation. Under current law, all of them could be from outside the area affected. This will change it to where, uh, only it would be at least 2/3 would live in an area that's affected that's making that rule. Thank you. Thank you Senator Tucker, Senator Irvin, and then I see Senator McKee. Senator Urban, your first recognized. Thank you. I appreciate, um, the explanation on it. So just back to that line of questioning. I'm not sure this is written in a way that would make sense if members shall be appointed by the county judge and confirmed by a majority of the members of the county Cor Court representing any part of an unincorporated area of the county that potentially could only just be one member of the Quorum Court who would then confirm the appointment by the county judge. And I guess that one member would be a majority of the members, but Potentially. I don't know how that would work with the language you have here, because to your explanation, that could eventually, that could just be only one member of the Quorum Court that would be able to have a vote in confirmation. Senator, I would not have put that provision in if it were going to apply to A multitude of counties. Now we had to clean that up with two amendments, but uh you're right. If it were if it were a statewide application, you'd be absolutely right. And again, this is theoretical, of course, because I think most uh JP districts, uh, for example, in I'm sure in Stone County you have some JP districts that are totally in an unincorporated area. I don't know if you have one in, in, uh, I guess it would have to be In Mountain View that would be both urban. I don't think a Mountain View is urban, but incorporated area and unincorporated area. I guess that would be the case, but, but clearly, uh, this just says that these representatives are appointed from and confirmed by the unincorporated representatives. And, and the county judge is still appointing him. I, I, yeah, but you said that section one only applies to Plaski County, so yes ma'am, it only applies to Pulaski County, right? And so if of the Pulaski County Quorum Court, only one of the JP's list that's not the case. Well, OK, ma'am it could be. No, ma'am, you got to remember, you, the JP district. Theoretically, OK. I, I can't tell you exact lines, but if there's a JP whose district, he lives in, he or she lives in an in an incorporated city, but the, he also represents an unincorporated area, he would be able to vote on the confirmation of that. OK, OK. So if you straddle the line, so to speak, your district straddles a line one or more municipalities or, but you also have some uh unincorporated area, you would, you would be able to confirm. But those that, that uh uh live only in an incorporate their district, their JP district is only an incorporated area would, would not be able to vote. You have to be a majority of those that represent a portion of their district is unincorporated area. If I can ask about section 2. So the way, um, section 2 reads, is any person who violates a subdivision ordinance requiring flat approval by the county board before a parcel loan can be sold is subject to civil penalty. So I have a friend who owns a a big house out in Ferndale area that also uses that as a wedding venue. And so, um, with this then subject them if they're trying to sell that house or slash wedding venue. I don't think it's zoned or planned in any certain way, but would this subject them to this penalty? I think I'm familiar with the case you're referring to, and that's definitely planted. This is something that we've been unplatted and it would require that if if the ordinance says it has to be plated, then If they violated that by selling it like with the only meats and bounds description, and the plant hadn't been approved yet, then they would be subject to these fines if they knowingly did it. If it was a technical error, uh, it would not, I mean, yes, they shouldn't do that, but that that's not the same as fining them for doing it. OK, so, so if I own a piece of property in the county and there's a county planning board. I have to get approval before I sell my piece of property. That a jives with the county planning. If it's subject to their ordinance that requires the platting. If there's no such ordinance, Senator, there's no violation. It's only if it's violated this, all this does is put, it puts teeth into, if one has created such an ordinance, there, this is an enforcement mechanism, but it exempts someone if it was not knowingly done. OK, thank you. Thank you. Senator McKee, you're recognized for question, Senator Johnson, I appreciate you bringing this bill. I think this is a very important issue. I served on the Corn Court for 12 years in Garland County, always represented unincorporated areas and so this is definitely an issue we dealt with all the time. Um, I think that there are probably ways to solve this. I have some parts of this bill I'm very uncomfortable with. Is this something you'd be willing to, would you be willing to pull this back and work with us on this, so I think that we can find a way where it doesn't just affect one county because I think this is probably something that every single county in the state struggles with and how to how to operate these things. Is this something you'd be willing to work with us on? Yes sir, I'll be glad to do that. And, and then let me, before I do that, let me say, uh, Anytime we have an issue we're trying to fix that we see it all the time and not just in related to city county stuff, but we try to fix something and then someone's caught in the net that is absolutely, it's unintentional for us to do that. So, and let me extend that offer to other colleagues, if you've got some language or different approach to fix this. I'd be happy to. Now I have to confess I have looked at the possibility of going at this from a different direction, and that is, uh, let's just do away with any county planning authority except for that in the incorporated areas and do away with ETJ because that's basically the ultimate taxation without representation or authority that representation because, as I mentioned, I'm paying taxes to Little Rock, but I'm not, they're not coming out and putting out the fire when my next door neighbor's house burns down, so I'll be Happy to pull that, and I thank Senator Clark, I have a question, but I'll, I'll take his question as well, Madam President. Senator Clark, do you recognize her question? Senator Johnson, appreciate you, appreciate what you're gonna do here. And I also appreciate what you're trying to do. The living in unincorporated area all my life. We have definitely been underrepresented on planning commissions and everything else, so I very much appreciate what you're trying to do uh as you work on this, keep Slane County and Garland County and mine Counties that are going to hit this number at some point, and I personally don't care what the Plasky County judge thinks, but I do care what my county judges think and my experience in Slain County, for instance, you exclude Benton and Bryant, and I think you can do that, and then exclude Lonsdale, Shannon Hills, etc. It leaves you a very small pool of people, so it's, it's a it's a, you're on the right track. I hope, I hope you get it exactly right. Wouldn't you agree? I would agree and I will tell you. that your county judge in Saline County has been most helpful in pointing out some unintended consequences that led to the two amendments that I've already added to the bill. If they're no questions, Madam President, I will ask the bill be pulled down and we'll work on it some more. Thank you, Senator Johnson. We are pulling down Senate Bill 87. We'll move now to Senate Bill 234. Senate Bill 234 by Senator Des concerning the 9 19th Judicial District West to create an additional circuit judgeship and declare an emergency. Senator Dees, you're recognized. Thank you, Madam Governor. Uh, members, this is a bill for us to consider for an additional circuit judgeship in in the 19th Judicial District West and so uh basically we have the judicial resource assessment committee that reviews the need for when when this circumstance happens, as we all know, Arkansas continues to see an increase, a significant increase in population, uh, despite what our friends in the back from Mississippi uh say we are the highest inbound state in the country. And uh maybe even some from, from our neighbors, we're not sure, but, um, but with that increase in population growth, um, it comes this need and and increase in caseloads and and so the judicial resource assessment Committee has made this recommendation after the review of the caseloads across several different various judicial districts and so one additional circuit judgeship is needed in the 19th district to ensure a smooth and efficient, timely administration of justice. And so members with that review I appreciate a good vote, but happy to answer any questions. Questions for Senator Dees. I see Senator Love, you're recognized for a question. Thank you, Governor. Uh, Senator D, so usually, well, I think when this happened last time someone lost a judicial. appointment and then one moved to Northwest Arkansas, I believe like the last time it was shifting around. Is this just adding or someone or some area going to be losing a judgeship. This will be in addition. This will be an addition based off the caseload numbers in the population growth. So in addition, OK. All right, thank you. Any other questions for Senator D's. I see Senator Urban, you're recognized for a question and then followed by Sandra Clark. Thank you. Just, OK, funding for this. Have y'all looked at that and, um, where would the funds, uh, this would obviously be increased in funding need, where would that funding come from and is that been accounted for? Yes, ma'am. Thanks for the question. So fiscal impact study we've we've worked with um Jim Hudson on this. initial review said salaries only. It will not hit general revenue, but will be on our let me just confirm his his note here. It was central services only. Senator Clark You recognize her question. Senator Des, do you have specific numbers? Of the of the case load versus other areas. Yes, sir. So upon the the research and the study, I'll read directly from the notes here. It says currently the judicial circuit has 7 circuit judges between 2019 and 2023, each of these judges maintain an average caseload of 857 cases, which was the highest average caseload in the state during that time frame. And the second average highest caseload in the state from 2019 to 2021. Very good. Did you know that Alaska bars cell phones from the Senate chamber floor. I did not know that, but it might be something we consider. Any other questions for center days? Anyone wish to speak against or for. Senator, I'm closed. Thank you. It's closed. Any objection to rolling the boat? Madam Secretary, please roll the boat. Boyd brightly, Caldwell, Clark K Crowell, Davis, Des, dismaying dots and English flippo flowersle Gilmore, hammer, Hester Hickey Hill. Irvin Blake Johnson, Mark Johnson, King, letting love, McKee, Murdoch Le Peyton Penzo Petty Rice Scott stone Stubberfield, Sullivan, Tucker, Wallace. Any senator wish to change his or her vote. Seeing no one. Madam Secretary, Please cast up the ballot by a vote of 32 ya, zero nay Senate Bill 234 passes the corresponding emergency clause is adopted, please transmit to the house. And before we go to page 2, I would like to recognize Senator Mark Johnson for a point of personal privilege. Senator Mark Johnson, you're recognized. Thank you, Madam President. Colleagues, I have a great friend and a great friend of our state in the East Gallery, uh, he's no longer one of my county judges since redistricting, but he used to be when I had Conway County, my friend Jimmy Hart, County Judge of Conway County, please welcome him. Thank you, Senator Johnson. We will now Senator Caldwell. You Recognized Thank you Madam President, I'd like to refer House bill 1279 back to Committee for Amendment. OK, Senator Caldwell has made the motion to re-refer House Bill 1279 back to committee. 1259. 77 7779. OK. We've got our ducks in a row. Senator Caldwell has made a motion to re-refer House Bill 1279 back to committee. All those in favor of the motion please signify by saying aye, and he opposed, I have it. Motion carries. Senator Crowe, you'll recognize her point of personal privilege. I also have a county judge, Doug Fields up in the gallery. Thank you for being our county judges. We will now go to page 2 as Paul Harvey says, beginning with House Bill 1286. House Bill 1286 by Representative Johnson, Senator Boet to amend the Arkansas Treasury and Transportation to alternate destination act. Senator Boyd, you're recognized. Thank you, Madam President. This bill is just providing an update from legislation we passed in 2023. This bill provides clarity for legislation that when an ambulance provider treats in place, so for instance, they come in and somebody just needs a bandage or something and they place that the provider can bill for the surface if two conditions are met. One, an enrollee declines to be transported, and 2, treatment occurs involving a physician for a medical-based complaint or with a behavioral. specialist for a behavioral based behavioral based complaint via telemedicine. Any questions for Senator Boyd. Anyone wish to speak against or for. Senator has Send her your recognized clothes. I'd appreciate a good vote. Thank you, Senator has closed any objection to rolling the vote, seeing no one, Madam Secretary, please roll the boat. Boyd Brantly, Caldwell, Clark, Crowell, Davis, Des, dismaying Datsun English flippo flowers leave, Gilmore, hammer, Hester Hickey, Hill, Irvin, Blake Johnson, Mark Johnson, King letting love the key Murdoch leave Peyton Penzo Petty. Rice Scottstownte of Phil Sullivan, Tucker Wallace. Any senator wished to change his or her vote, Senator King not voting. Any other senator. Please cast up the ballot by a vote of 31, 0, nay, 1 not voting. House Bill 1286 passes, please return to the house. As amended House Bill 1292. 292 by Representative Bentley and Senator Hammer to mend the residency requirements for the adoption of a minor. Senator Hammer, you're recognized. on that. Thank you, Madam President. This bill This bill will help two ways. Number 1, it'll reduce the number of children on the DHS foster system are greater than that, it'll give greater access for children to have a forever home. The bill affects two populations primarily. Number one, it's the infant that is under 6 months old and the parental rights have been terminated or the baby has been voluntarily surrendered, such as in a safe ha baby situation. Explain that out a little bit. A baby is taken into custody of the parental rights have been terminated or the baby. has been surrendered, say, through a safe haven as it is now, the baby would have to go to the foster home for 6 months. What this bill is going to allow is for that baby to transition into a permanent forever home quicker, sooner than later. The second thing is that this will also affect and help children who are 16 years old and older and are about to age out. There is a specific situation that happened that brought this to the attention of the agency. There was a child, I shall say a young adult that was going To go to a career training center, um, and when it had went to the career training center and wanted to be adopted the foster parents wanted to adopt. They wanted to move for immediate adoption but could not because the child was going to be out of the home, which put them in jeopardy of aging out before that 6 month requirement was met. So what this is doing is creating a pathway to where that 6 month can be waived in both of those situations, and I want to point out that it also will still require the approval of a judge, and it does not, it does not touch or affect the process by which children are adopted so that somebody could short circuit or find favoritism in order to adopt sooner than later, all those things remain intact, so bottom line what this bill is doing is giving the opportunity for a baby that has the parental rights have been terminated or the baby is in the case of a safe haven baby would be able to get into. To the permanent home sooner than later and also help those that are in the process of about to age out but are able to be adopted, and I'll be glad to try to answer any questions. Any questions for Senator Hammer, Senator Clark, you're recognized for a question. Uh, the center hammer when the bill was presented in committee yesterday, it's my understanding that it's only the safe haven babies and you're talking about uh parental terminations, which I don't see in the bill, uh, My understanding, and perhaps you heard something that I didn't hear. My understanding is that this would, would be all the infants that have been through the legal process, I shall say, that have not reached that 6 month mark yet, so if I misspoke or I gave a misinterpretation, I apologize for that, but it would be after all the legal requirements have been met in order to expedite that child getting into the forever home. It was our understanding that it just safe haven, I think parental termination would take longer than 6 months, uh, and that would change the scope, but I think, I don't think parental termination is involved. I don't read it in the bill. I think it's just a safe, safe haven babies, because it says it's not in custody and those that were terminated would be I know where I misspoke voluntary surrenders is the term. I'm sorry. I used the wrong term, voluntary surrenders are safe haven babies. Thank you for correcting that. Thank you. Any other questions for Senator Hammer. See none. Anyone wish to speak against or for the bill. Senator Hammer, you're recognized clothes. Thank you, Madam Chair. This has been well vetted through the House side and through the Senate side. It is a bill that is being brought at the request of DHS and the two points I want to drive home. Number one, it will help as far as reducing the number of children that are in the foster home system that is secondary to the fact that this will allow children who want to be adopted babies that need to be adopted to be able to get into the forever home quicker instead of having to do a stop process through a foster home only to be. permanently adopted later. So for that I would appreciate a good vote. Thank you, Senator Hammer. Senator has closed. Any objection to rolling the boat, seeing no objection, Madam Secretary, please, rather please roll the boat. Boyd, Bryant leave, Caldwell, Clark, Crowe, Davis Des, dismaying dots and English flip of flowers leave, Gilmore hammer, Hester Hickey Hill Irvin Blake Johnson, Mark Johnson, King, letting, Love, McKee, Murdoch, Lee, Peyton Penzo. Patty Rice Scott stone, Stuberfield Sullivan, Tucker Wallace. Thank you. Any senator wish to vote who did not vote or change vote. Senator King not voting. Any other senator saying no one, please cast up the ballot by a vote of 31, 0 nay, 1 not voting, House Bill 1292 passes, please return to the house. Senator Hammer, you're recognized for a point of personal privilege. Thank you, Madam Governor. I just want to make an observation, uh, Director Tiffany Wright is in the gallery on the West Gallery. This is her first piece of legislation that she has run and has successfully passed since assuming the role of Director of Children and Family Services and on her behalf I want to say thank you. This is her first piece of legislation to champion all the way through, and I think she just deserved a little recognition for that. Thank you Sener Hammer. And now, Senators, we are going to skip down toward the bottom of the agenda and take up House Bill 1387 and then we will take up 1407, 1437 before getting to Senator Tucker's techno corrections bills. We'll take up House Bill 1387. 1387 by Representative Cooper and Senator Payton to require members of the board of directors of public Water Authority to publish their contract. Information under the Water Authority Act. Senator Payton, you're recognized. Thank you, Madam President, colleagues, the title says it all. What happened is, uh, water authority in my district and Representative Cooper's district, part of this. They had a major malfunction, or breakdown, and you know, all the citizens were trying to call us because they had no idea who was on the water board or how to get in touch with them and obviously, the board members of the water district are closer to the people. Then I would be as a senator as far as districts would be concerned, but, uh, you know, they represent the citizens that are on that particular water system, and it's only reasonable to expect them to have their contact information out there just like we have our contact information out there. So what this bill does is it says that that water authority will post their board members' name and phone number on their website and that the Arkansas Natural Resource Commission will create a link to that so that can be found by going to the ARNC with that, I'll take any questions. Any questions for Senator Payton? Senator Martin Johnson, you're recognized for a question. And this will apply to all counties, won't it, Senator? I'm, I'm sure every county has at least one water authority, I think it will. OK, I just want to make sure. Thank you. Any other questions for Senator Payton? Anyone wish to speak against or for? Senator has closed. Any objection to rolling the boat. Madam Secretary, please roll the boat. Bright leave Caldwell, Clark Kroll, Davis, D, Dima dots and English flippo flowers leave Gilmore hammer, Hester Hickey Hill, Irvin Blake Johnson, Mark Johnson, King letting love, McKee Murdoch Le Peyton, Penza, Petty Rice Scottstown Stubblefield Sullivan, Tucker Wallace. Any senator wish to change his or her vote. I see Senator Tucker, no, I send her letting, I mean, rather Senator King, not voting. Senator letting know. Senator Love present. And yet the senator. Seeing no one, please cast up the ballot. By a vote of 28 2 nay, 1 not voting, one present. House Bill 1387 passes as amended return to the house as amended. will now take up House Bill 1407. 1407 Center Clark and Representative Dalby to amend the law concerning the state administration of Justice Fund. Senator Clark, you're recognized. Thank you, Governor. Thank you, colleagues. This is a uh agreed on bill with no opposition that redistributes funding, uh, that was being used. Uh To Close out our part-time, uh, district, uh, judge system. be happy to take any questions. Any questions for Senator Clark? Anyone wish to speak against or for. Sender you recognized clothes. I am closed Representative Dalby would appreciate a good vote. Uh Senator has closed any objection to rolling the boat, seeing no one, Madam Secretary, please roll the boat. Boyd Brantley, Caldwell, Clark, Crow, Davis, Des, Dima dots and the English flippo flowers leave, Gilmore hammer, Hester, Hickey Hill Irvin Blake Johnson, Mark Johnson, King, letting love, McKee, Murdoch, Lee, Peyton, Penzo Petty, Rice Scott Stone, Stubberfield Sullivan Tucker Wallace. Any senator was to change his or her vote. Senator King not voting, any other senator. Seeing no one, please cast up the ballot by a vote of 31, 0, nay, 1 not voting. House Bill 1407 passes, please return to the house. House Bill 1437. Havi 1437 by Representative Duffield and Central Clark to prohibit a person required to register as a sex offender from entering a water park, swimming area, or children's playground of a public park. Senator Clark, you're recognized. Thank you, Governor. Thank you, colleagues. Uh, House Bill 1437 Representative Duffield has done a good job of recognizing the need law enforcement in different areas have been specific that they have problems with Oh, with registered sex offenders hanging around water parks. This just does a couple of, this was vetted, super vetted, over vetted in the judiciary Committee because we read something wrong, um, but it only does a couple of things. It changes state parks to all parks. It specifies a 100 ft because that's part of the problem law enforcement had is How close can you be and that's it. Any questions for Senator Clark? Senator Irvin, you're recognized for a question. Thank you. Um, so I had passed legislation on this for Arkansas State Park and that language is now struck. Is there a reason why we striked that language? Yes, earlier in the bill, it changes it to all public parks, and that includes state parks. It does include it. It just, it just expands it to include city parks, etc. OK, thank you and swimming areas. Any other questions for Senator Clark? Anyone wish to speak against or for. Senator Clark, you're recognized to close. I'm closed. I'd appreciate a good vote. Senator has closed any objection to rolling the boat, Madam Secretary, please roll the boat leave Caldwell, Clark, Crowell, Davis, Ds, dismaying dots and English flippo flowers leave Gilmore hammer, Hester, Hickey Hill, Irvin, Blake Johnson, Mark Johnson, King letting Love McKee, Murdoch Le, Peyton, Penzo, Petty, Rice, Scott. down, Stuber Phil Sullivan, Tucker Wallace. Any senator wish to change his or her vote or to vote. who did not vote, seeing no one. Please cast up the ballot. By a vote of 32 0 nay House Bill 1437 passes, please return to the house. We will now Take up House Bill 1359 We will come back to the others, but we're going to take up House Bill 13591. I think 1359. By representative Gazaway, and I had to make technical corrections Title 19 of the Arkansas Code concerning public finance. Senator Tucker, you're recognized. Thank you, Madam President. Members, this is the rest of the technical corrections bills if you recall, I said half of them started in the Senate, half of them started in the House. The this is the house batch, like with the Senate batch, there's one bill that has a different voting threshold because it's amending an initiated act. It requires 24 votes, so we're we're pulling that one from a potential batch if that's what y'all decide, and voting on it separately and then we'll batch the rest of the bill, so everything between 1,355 and 136 For other than 1359 will be batched if that's what y'all want. But again, I'll, I'm happy to answer any question that any member has on any of the bills. Happy to pull any other bill from that batch for now, we're just addressing HB 1359, happy to take any questions on that one. Any questions for Senator Tucker. Anyone wish to speak against or for? Senator Senator has closed any objection to rolling the boat, Madam Secretary, please roll the boat. Floyd Briant Lee Caldwell, Clark, Crowell, Davis, Ds, dismaying dots in English flippo flowers leave Gilmore hammer, Hester Hickey, Hill Ivin Lake Johnson, Mark Johnson, King letting love, McKee, Murdoch, Lef, Payton, Penzo Petty, ricotstone Stubber Phil Sullivan, Tucker Wallace. Any senator wished to change. change his or her vote King not voting, any other senator. Madam Secretary, please cast up the ballot by a vote of 31, yeah, 0, nay, 1, not voting. House Bill 1359 passes, please return to the house. Senator Tucker, you're recognized. Thank you, Madam President. This time I'll move to batch the votes on HB 1355 through 1358 and then 1360 through 1364. All those in favor to batch those, you may ask a question, yes, absolutely. Senator Peyton, you're recognized for a question. Thank you, Madam President, forgive me, I, I haven't had a chance to go through them. Can you verify that they all contain that. Do not codify language that legislative intent at the end of each bill. Where it says it's not intended to change policy. It's just technical corrections. I usually look at all of them and make sure and I just hadn't had a chance yet. Let's just flip term real quick and it'll just take a second and be. Yes, sir, they all got it. Thank you for your indulgence. Yes, sir. Any other questions for Senator Tucker regarding the motion to batch these technical correction bills, if not all those in favor to batch the technical correction bills. Please signify to say I. Any opposed? I have it, motion carries. House for 1355 by Representative Gasaway and Senator Tucker to make technical corrections to Title VI of the Arkansas Code concerning criminal offenses, has for 1356 by Representative Gas and Senator Tucker to make technical corrections Title 12 of the Arkansas Code concerning law enforcement, emergency management, military affairs. House for 1357. I representative gas and Senator Tucker to make technical corrections to Title 16 of the Arkansas Code concerning practice, procedure, and courts. House 1358 by Representative Gasway in Cenator Tucker to make 10 corrections to Title 18 of the Arkansas Codec concerning property. House for 1360 represent of gas and Central Tucker. She might corrections to Title 20 of the Arkansas Code concerning public health and welfare. That's what 1361 by Representative Gassway and Senator Tucker to make technical corrections to Title 23 of the Arkansas Code concerning public utilities and regulated industries. The house was 1,362 by Representative Gassway, Senator Tucker to make 0 corrections title 24 of the Arkansas Code concerning retirement and pensions. As the 1363 by Gaine and Central Tucker corrections to Title 23 of the Arkansas Code concerning state government. with 1364 verse and if guysway and Senator Tucker to make corrections to title 27, Arkansas Code Concerning transportation. Thank you, Madam Secretary. Any senator wish to change his or her vote, Senator King, not, oh, I'm sorry, Senator Tucker, you're recognized clothes. I apologize. I mean, no, I was moving ahead. I apologize. That's all right. Thank you, Madam President. open or close. These are the this is unless I missed something, these are the last bills that come from the Code Revision Commission. So if you see anybody stand here from this point forward in the session and say it's a technical corrections bill, I would raise an eyebrow. With that, I'm closed for the bill. Thank you, Senator. No one wishes to speak against or for Senator has closed. Any objection to rolling the vote, Madam Secretary, please roll the boat. Boyd Brightly, Caldwell, Clark, Kroll, Davis, Des, dismaying dots and English flippo flowers leave Hillmore, hammer, Hester, Hickey, Hill, Irvin, Blake Johnson, Mark Johnson, King letting Love McKee, Murdoch, Lee, Peyton, Penzo Petty, Rice scotstone Stubber Phil Sullivan, uh, Tucker Wallace. Any senator wish to change his or her vote, Senator King, not voting, any other senator. Seeing no one, please cast up the ballot by a vote of 31, yeah, 0, nay, 1 not voting. The batch of house bills with technical corrections, pass, please return to the house. Madam Secretary, are there items at the desk? Were you commit on gross pills to his first Senate Bill 227 by Senator Tucker prepared the rossed copy with the ritual and find the same correctly engrossed. State agencies. Bruce Bilston was the first Senate Joint Resolution 11 by Sen for Peyton here at the gross copy of the original and find the same correctly and state agencies will your committee onre bills who is far House Bill 1007 uh peer year compared the gross copy of the original and found the same correctly engrossed calendar. 266 by Senator Dodson to authorize a public school to adopt a policy for one or more school chaplains. Senate Bill 266. Education. Any announcements. Seeing no announcements. The Senate will stand an adjournment subject to the clearing of the desk. Until February 24, 2025 at 1:30 p.m.