Senate Convenes

Senate will be called to order any requests for leave at this time. them. leave requested for Senator Sullivan. Thank you, Madam Secretary. Please call the roll. Bowen, Bront Caldwell, Clark, Crowell, Davis, Des, Desma, Datsun, English, Flippo, flowers, Gilmore, hammer, Hester, Hickey, Hill, Irvin, Blake Johnson, Mark Johnson, King, letting, Love, McKee, Murdoch, Peyton, Kenzo, Petty, rice, Scott, Stone, Stuberfield. Sullivan on leave, tougher Wallace. Thank you, Madam Secretary. If everyone in the gallery and in the chamber would please rise for a prayer. Followed by the Pledge of allegiance. Senator Jamie Scott will lead us in prayer, and then we will follow with pledge of allegiance. Senator Scott, you're recognized. Thank you. Please bow your heads. Dear Heavenly Most Gracious Father, we thank you for the opportunity to just be in your presence, God. We thank you for the opportunity to represent your people, dear God, Lord, we pray that you saturate us with your presence in your in our conversations, oh God, Lord, let you be glorified in how we advocate, how we interact with each other and how we represent you, oh God. Let it be pleasing to your sight. Lord, I lift up our leadership, I lift up our governor, and I left up all of those who have the awesome responsibility. to represent your people, dear God. Let us never take it for granted, oh God, what you've blessed and entrusted us with dear God. So we ask you for um just to continue to be with us in this session, dear God. Lord, um, we love you today and we bless your holy name. These many blessings I ask and I thank you for your precious son Jesus' name. Amen. to the of the United States of America and to the republic when nation under God indivisible with liberty and justice for all. Thank you, Senator Scott, for those encouraging words, ladies and gentlemen, in the galleries, welcome to your Arkansas State Senate. It 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. I'd like to recognize Senator Ervin to introduce our pages for the day, Senator Ervin, thank you, Madam President, if they will come down with me today, we're super excited and happy members I'd like to recognize our Senate pages we have with us today. Uh, we have Bankston Got, Bankston is, there we go. Hi Bankston. Uh, she is paging today for Senator Ludding, and she's with Saint Joseph Catholic School. Hattie Eckenber I Iikenberry, Ikenberry. Hattie, I can berry. She's also a Saint Joseph Catholic student, and she is paging for Senator Leding today, and we have Riley Fazio, Sylvan Hills High School, who is paging for Senator English. Let's welcome to the Senate chamber. Thank you, Senator Ervin, and welcome to our pages. Senator, letting, you're recognized. Thank you, Madam President. Colleagues, I would like to request leave for a special guest with us today to join us on the Senate floor. Uh, Suzanne Holton is the director of the Employment, Labor and Retirement Program for the National Conference of State Legislatures and CSL. She also serves as our NCSL state liaison for Arkansas, and she is visiting our state this week. All right. Suzanne has joined us before. Many of you might recognize her. I do want to bring your attention to two items on your desks, as I'm sure you know, certainly should know NCSL is celebrating its 50th anniversary this year. We adopted a Senate resolution last fiscal session honoring NCSL and commending it for its 50 years of leadership and strengthening and supporting the legislative institution. On your desk are copies of the 50th anniversary commemorative issue of NCSL magazine. It's quite sharp looking. On page 22 is an article outlining past NCA presidents and staff chairs. And if you look on page 27, you will see a very familiar face. Our own Sabrina Llewellyn, who is the 2023 24 NCSL staff chair and the current immediate past staff chair of NCSL, and she's put a lot of work into helping plan the 50th anniversary celebration. Additionally, on your desk is a copy of the 2025 NCSL calendar, and if you look at the month of July, you will see our very own beautiful Capitol in the upper left hand corner, and if you look at the month of December, you will see a picture of the top of our Capitol dome. So please help me welcome. coming, Suzanne to the Arkansas Senate. OK. Thank you, Senator. Letting other announcements or introductions. Senator Tucker. Thank you, Madam President, colleagues in the West gallery up here, we have members of the Arkansas Hospitality Association, as you all know, that's part of the 2nd largest industry in Arkansas and they hail from all corners of the state, I would venture to guess that everybody in here has a constituent up here, certainly that provides hospitality services in our district. So let's please welcome them to the Arkansas Senate today. Senator Hammer, you're recognized. I command president up in our gallery, and I'd ask you all to stand, please. We have students from various Arkansas community colleges. You may have seen him walking through the halls today, and some of them are in the chamber. I know for a fact Pulaski Tech and Morton, there probably are others, but those were the two I was made aware of for sure, and they're in the gallery watching us today. And so if you would please give them a round of applause for joining us today. Thank you, Senator Hammer. Welcome to the Hospitality Association and our students. Any other announcements or introductions. If not, Madam Secretary, are there items at the desk? Mare. Hm Dear Madam President, this is to inform you that on February 3, 2025 are reviewed and improved the following measure of the regular session, the ninety-fifth General Assembly. Senate concurrent resolution 1. Sincerely, Governor Sarah Sanders. We your committee on engross bills to whom was referred Senate Bill 135 by Senator Boyd compared the engrossed copy with the original and correctly engrossed. Education. We're a committee on Agra to whom was the first symbol 146 by Senator Crowell, recommend Du pass calendar. Committee on Transportation who was referred Now, first I want to read a Senate disclosure report. Well, your Committee on Insurance and Commerce received the attached disclosure from Senator Penzo on February 4, 2025 on Senate Bill 77. Calendar 77 Center Mark Johnson to require the Arkansas Medicaid program to reimburse for physical therapy provided in a clinic-based setting. calendar. your Committee on Insurance comment to him was refer first sent by 150 by center Blake Johnson recommended to pass. Calendar Committee on Insurance commerce to Miss House Bill 1271 by Central Penzo recommend Du pass calendar Committee on Insurance Commerce, who was first Senate, I mean House Bill 1273 by Central Pennzo recommend Du Pas calendar. Committee on Joint Budget who was first Senate Bill 80 by joint budget recommend do pass calendar Committee on budget to send 105 by joint budget recommended pass calendar on drop budget was first sent by 107 by joint Budget recommend do pass calendar Committee on joint Budget who was first Senate Bill 108 by joint budget recommend do pass calendar Committee on joint budget to was first sent 109 by joint budget recommend to pass calendar drop budget to his first sent 112. My joint budget recommend do pass calendar Committee on Joint Budget to Miss first sent 113 by joint budget recommend to pass calendar Committee on joint budget to as first Senate Bill 114 by joint budget recommend do pass calendar on Trump budget to him was referred to Senate Bill 115 by joint budget recommend to pass calendar Committee on budget to was first sent by 125 by joint budget recommend do pass calendar Committee on Joint Budget team was first sent Bill 126 by joint budget recommend to pass calendar. Budget who was first sent by 129 by joint budget recommend do pass calendar. Sitting about 187 by Senator Irving. To amend the composition of the Arkansas Medicaid drug utilization review board to include physician assistants 187. Public health House for 1220 by representative. Still to amend the membership of the Arkansas Natural Cultural Resource Council, House Bill 1220. Agriculture. Thank you, Madam Secretary. Any further business or announcements, Senator Hester, you're recognized. Hey, members, I, I think I've visited with most, most of you about a motion that I'm about to make. So if I could have your attention, you know, we've got uh Senate joint or we have Senate and House joint rules, Joint Committee on Energy. Uh, we've got a difference of opinion on uh the rule or lack there of a rule on how Bill comes out, uh, as due pass or fell from that committee. So I'm gonna ask uh with, so I'm gonna make a motion here, so my motion Is that for the ninety-fifth General Assembly, Philip Treat our parliamentarian would send anything that comes out of Joint energy. To our floor that he would assign it to the appropriate standing committee. And any Senate bill that is filed involving energy that he would send to a standing committee instead of a joint committee. Happy to answer any questions. That's my motion. Any questions for Senator Hester on his motion, saying no questions. Anyone would speak against or for center has closed, although in favor of Cinder's motion, please signify to say aye. Any opposed, I have it. Motion passes. No further announcements. We the morning hour has expired. We will begin the business agenda. We will begin with Senate Resolution 9. Senate Resolution 9 by central love celebrating Black History Month during the month of February 2025. Senator Love, you're recognized. Thank you, Governor. Colleagues, I bring to you Senate resolution number 9, resolution celebrating Black History Month during the month of February 2025, you um Um, I had some words prepared to speak on this Black history resolution, but earlier today I was talking with Scott Flippo and you know, one of the things I would I was, I would always challenge our people to do during Black History Month. It's just to learn something new about black history. And I'm still gonna challenge you to do that. But I have an additional challenge. I'm going to challenge you all to really have a meaningful conversation. A meaningful conversation with your friends here. Not only in the chamber, but also in the other chamber. And I say that because You all, we won't get to know each other. We won't truly significantly get to know each other and know our history until we have these meaningful conversations. So my challenge to you during this Black History Month is not only to learn something new about black history, but to also Learn something new about your colleagues have that conversation. Because then and only then we can truly celebrate Black History Month and with that, I asked for a good vote. Thank you. Thank you, Senator Love. All those in favor of Senate resolution 9 celebrating Black History Month during the month of February 2025. Please signify to saying aye, and he opposed Is habit, Senate Resolution 9 is adopted. We will now take up Amendment 1 to Senate Bill 18. Amendment 1 to Senate Bill 18. Senator Wallace, you're recognized. Thank you, Governor. Members, this bill passed out a Senate, 22 January, uh, with 35 votes. It passed out of the house with 96 votes. We're simply adding a uh house sponsor. And with that, I stand by for your questions. Any questions? Regarding the amendment. One we speak against or for Senators closed, all, all those, this will be a voice vote. All those in favor of the amendment. Please signify by saying aye. And opposed, I have it. Amendment is adopted. It's concurred in Cinel 18 by Senator Wallace to amend Arkansas law concerning reports by legislative auditor of improper or illegal practices. Senator Wallace, you are now recognized this will be Senate Bill 18 with the amendment concurred in as amended. So Remember, as I had stated back on 22 July, this members allowed, this bill allows uh just the prosecuting attorneys to make the report. It eliminates the responsibility or the requirement for the for the prosecuting attorneys and the attorney General to make redundant reports together. And with that, I'll stand by for your questions. Any questions for Senator Wallace. Anyone wish to speak against or for. Senator has closed. Any objection to rolling the boat Without objection, Madam Secretary, please roll the vote. Boyd, Bryant Caldwell, Clark, Crowell, Davis, Des, Demason, English Flippo flowers, Gilmore, hammer, Hester, Hickey, Hill, Irvin, Blake Johnson, Mark Johnson, King letting love, McKee, Murdoch, Peyton, Penzo, Petty, Rice, Scott, Stone. Saba Phil Sullivan on leave, Tucker Wallace. Any senator wish to change his or her vote. Seeing no one, please cast up the ballot by vote of 34, yay, 0, nay, Senate Bill 18 passes, please transmit to the house. Oh, I'm sorry, roll it. I apologize. With that introductions, I'd recognize Senator Tucker. Thank you, Madam President, colleagues, please join me in welcoming our doctor and nurse of the day today. We have, of course, with us as always, Lee Fazio is our nurse of the day, and then we have Dr. James Hunt, like yesterday, another anesthesiologist and pain management specialists here in Little Rock. Thank you all for being here. Welcome. Senator Dodson, you're recognized. Thank you, Madam Governor. Um, Need to make a motion to suspend the rule to withdraw. Senate Bill 183 for purposes of amendment from Education Committee for purposes of amendment. Motion to suspend the rules to withdraw 183 from Education for purposes of amendment. All those in favor, please signify by saying aye, any opposed, I have it. Amendment 1 to Senate Bill 183. Senator Dodson, you're recognized. Members, this is an amendment to add a co-sponsor onto the bill moved, we adopt it and send it to engrossing and back to education committee. You all have heard the amendment. All those in favor, please signify by saying aye. Any opposed. I have it. Amendment is adopted, please send to engrossing. Senator dismaying, you're recognized. All right, thank you. I'd like to make a motion to withdraw Senate Bill 59 for purpose of amendment from education committee. Motion to withdraw 59 from education for purposes of amendment. All those in favor, please signify by saying I, any opposed, I have it, motion. Amendment 2 to Senate Bill 59. I'd like to make a motion and suspend the rules, adopt Amendment 2 to Senate Bill 59. This is to add co-sponsors only. You all have heard the amendment. All those in favor, please signify by saying a, You all have heard the amendment. All those in favor, please signify by saying aye, and he opposed, I have it amendment is adopted, police into engrossing. We will now take up Senate Bill 78. Centinel 78, that's Senator Mark Johnson to require that the driver's instruction manual and the driver's license examination include information about the safe operation of a motor vehicle in a highway work zone. Senator Mark Johnson, you're recognized. Thank you, Madam President. Senate Bill 78 is a simple bill that adds an emphasis in the driver instruction manual and the driver's test at all, I always start to say young drivers, but really anyone that wants a driver's license will have to take, um, this was brought to me by the asphalt Paving Association and the Association of General Contractors. It's been vetted by the state police, uh, basically it puts an emphasis for people that as they take the driver's test and read the manual to understand. The dangers, the specific dangers when driving in a work zone. Uh, it includes educating them on the statistics related to the number of accidents and even fatalities that happen in the work zone and the importance of the awareness and slowing down in the work zones. I, I always think of, and Senator Hammer, you probably know that Saline County I-40 will probably be the poster child for some of these work zones as long as it's been going on there. But I never went through there without frankly being scared to death and it seemed like every time I went through, I was up against a semi about 6 inches away, it seemed like, but uh anyway, the bill is, is to emphasize this to people when they study for and take their driver's test. I'd be happy to answer any questions, Madam President. Any questions for Senator Mark Johnson, Senator Payton, you're recognized for a question. Thank you, Madam President. I think it's great intentions. I plan to vote for it, but I do have a curiosity question. Yes. Is there any other part of the manual and the content of the manual that we have legislated by code that it be in there or or is this kind of setting a precedence in that regard, Senator Payton, I don't know the answer to that Senator Irvin is nodding, and she says that there is and Would you like to help me answer that, Senator Irvin. Yeah, yes, actually, I passed legislation as it relates to the Um, the manual to ensure that there are certain provisions listed in the manual for the training, so yes, I've passed previous legislation before. OK, thank you, sir. Thank you, Senator Payton. Any other questions for Senator Johnson. Saying no to the questions. Anyone wish to speak against? Anyone wish to speak for. Senator, you are recognized to close. Thank you, Madam President. I appreciate a good vote and I'm closed. Senator has closed any objection to rolling the boat? Seeing no one, hearing no one, Madam Secretary, please roll the boat. Bowen, Brynt Caldwell, Clark, Kroll, Davis, these, thisma Dotson English flippo flowers, Gilmore Hammer, Hester, Hickey, Hill, Irvin, Blake Johnson, Mark Johnson, Kinglighting Love, McKee, Murdoch, Peyton, Penzo, Petty, Rice, Scott, Stone, Stubberfield, Sullivan on leave, Tucker Wallace. Any senator wished to change his or her vote. Seeing no one, please cast up the ballot by a vote of 34 yeah, zero nay, Senate Bill 78 passes, please transmit to the house. Senate Bill 142. Send him a 142 by Centrade to create the bell to bell no no sell act and to amend requirements for public school discipline policies with regard to student use of personal electronic devices. Senator Dees, you're recognized. Thank you, Governor. Members, it's a joy to bring this bill today. Senate Bill 142 is the bell to bell no sell Act. If there's two big mistakes we've made. Overprotecting our children in the real world and underprotecting our children online is definitely an issue. There's great irony of of that social media is that the more you immerse yourself in it, the more lonely and depressed you become. Gen Z became the first generation in history to go through puberty with a portal in their pockets. That they call, that, that called them away from people nearby and into an alternate universe that was exciting, addictive, unstable, and unsuitable for children and adolescents. Now, those are 3 quotes. Those are not my words. Those are quotes from Jonathan's Height's book, Ancient Anxious Generation. I know all of us have received that book. And I know every governor in the country has received that book. And so it's it really highlights a main issue that we're seeing in our students. The stats that we're starting to see across the country with rise and anxiety and depression and suicidal thoughts are all being stemmed back to an upstream issues related to addiction to screens to um cell phone use to social media exposure, and unfortunately that's happening all the time in our schools. And we can't stand for that. We can't continue to harbor that and encourage it in our school systems. But there's been multiple studies done around the tests and experiments that we've unintentionally allowed through our school districts, and many organizations have started to see the stats in and grab those, but I want to quote from some of the work that's been done from the Manhattan Institute related to these studies. It says smartphone use in schools can harm children in at least 2 major ways. The first is distraction in the educational experience of students, and the second is impeding healthy childhood socialization. These two aspects of the in-person academic experience can be fundamental to children's development and to well functioning, well adjusted adults. Public schools historically operate in loco parentis, meaning that when minor children are entrusted by parents to a school, the school has a duty to support the learning and safety of its students. But schools' ability to do so is impeded by smartphone use. Data and anecdotal observation support these connotations. Research using granular data that track mobile phone notifications found that teens received 237 notifications a day on average. With about 25% of those notifications occurring during the school day. In another study of students, over 90% reported that they received text messages in class, with another 86% of students reporting that they sit text messages in class. Another study found that using Facebook and or texting while doing school work. Can tax cognitive processing capacity. That may preclude deeper learning. Smartphone use and addiction has also been associated with poor sleep quality and sleep quality has had a significant correlation with academic performance. This is just some of the studies and the research that's being done about this topic across the country. I think we can see more and more. That the unintentional tests that we're allowing to happen, the experiment we're allowing to happen with our students is a major issue. And so that's what's led to, fortunately, our governor to launch a pilot program in this last year, we had 76% of our school districts across the state voluntarily sign up to be a part of the governor's pilot program. Over 180 school districts. And that started to give us amazing results. Great statistics coming out of that program. We're seeing missed assignments go down. We're seeing student engagement go up, teacher appreciation for the, for the program. We're seeing attendance records go up, um, drug usage and disciplinary issues going down, all from results from the pilot program that lost this last year. So it's, it's from the statistics we're seeing is from the data we're seeing. It's from the superintendents we're hearing from and from the stats and data that we're hearing from the pilot program that that led to today. It led to this bill and to the work of the past year to year and a half. Working on this bill. So Senate Bill 142 aims just to bring clarity and, and aims to help the issues that we just described right here. It is the bell to bell no sell act, and it simply states states that from the start of the day to the end of the day. That we will prohibit possession or restrict possession of cell phone use for our students. What the bill also does is gives each individual school district, the local control, to outline their policy around the implementation of this. They can decide if it makes sense for them to have a pouch system or for a locker system or for cubbies, each school district will be able to apply what makes sense for them. It also allows them to to decide what's the student disciplinary um uh policy around this. So it gives back each school district the ability to influence this this law. I also say that um this bill aims to, to really do two simple things. The first is a distraction-free environment, and this is relating to our academic standards, our academic focus, making it easier for our kids to focus and learn in school. And the second is to help with the adolescent mind. To help with the emotional and social intelligence, the relational skills. Teaching them how to, how to have eye contact when they talk to people, how to interact with other students. We, we believe these are vital important skills that need to be learned and need to be harbored. So that's simply what the bill does, um. It's personal to me. I've got, I've got children of this age and I encourage good questions and debate today, but I appreciate your time and stand ready for questions. Thank you, Senator D's questions for Senator D's, I see Senator Caldwell and Senator Tucker. Senator Caldwell, you're recognized, you rattled off a lot of statistics a while ago and I couldn't follow all of them, but I don't see the correlation between cell phone use during the day and sleep habits at night, then you come back and talk about athletics, uh, you know, my, my granddaughters and grandson all play basketball and they lose more sleep from being tired or getting hurt. So how cell phone use in, in the classroom affect sleep patterns at night. Thank you for the question, Senator Caldwell. I think what we've seen is a increase in total screen usage, and a lot of these social media sites have been built predatorily to attack our students where they continue to build algorithms that they call it doom scrolling that make it where they're constantly feel like they're missing out. They're constantly feel like that they don't stay on top of the next message or the next notification that they're missing something that's going on. And so by reducing the amount of time that students are on cell phones. We know that that can have a, a relieve in the psychological nature of that. Thank you, Madam President. Thanks, Senator Senator Tucker, you're recognized for a question. Thank you, Madam President. So Senator Dees, this bill, it doesn't apply to private schools, correct? That's correct. Why is that? Thank you for bringing that up. So what this, this bill is targeted to our public school districts because frankly, that's our constitutional charge. Our charge is to create a, a fair and safe and adequate education for public schools, just like this bill doesn't apply to homeschools. Uh, and, and there can be an argument made of, of any student who partakes or any school district or any private school or home school that takes um public dollars, you may make that argument, and that's a, that's a fair argument to make. I just don't think that's our place. I don't think it's our place just like when we passed the Learns Act, there were so many people that said, you know, I'm afraid to engage as a private school student or as a home school student because I don't want strings attached. I believe by applying this to private schools and to homeschoolers, that would be strings attached, that's not our juris. section. OK, I had 2 follow-ups and you addressed one of them already because I think every private school in the state will be accepting learns dollars for virtually every student in the 25, 26 school year. So thank you for addressing that. The other follow up is, and I appreciate the goals. I have teenage kids, so I, I appreciate what you're doing, um, but everything that you articulated in the in the justification for what we're doing. The mental health damage that concerns from psychiatrists and psychologists, to me that applies to young people in Arkansas whether they attend a traditional public schools and open enrollment charter school or a private school. Is that you just, do you have a response to that? Absolutely, and I would encourage every parent, every student, every administrator, whether they're a public school district or whether a private school school to follow these principles, but I would also echo that I can't find a private school that doesn't follow something very similar list today. I'm I'm sure there are differences out there, but I can tell you every, every private school district, uh, private school that I've talked to has a very similar policy on, on hand, but it comes back to what what is in our jurisdiction and what is in our focus point. And, and I think we, we have clarity there. Thank you. Senator Tucker. I see Senator Hill, Senator King, and then Senator Hammer. Senator Hill, you're recognized. Thank you, Governor. Senator, you alluded to a while ago that cell phones were the cause of kids not looking people in the eye, talking to them, this kind kind of being distracted all altogether. Now you, you, you're gonna blame it on cell phones for the last 5 years, I've heard that COVID made kids to where they couldn't talk and do and kind of kind of made them want to stay at home, be reclusive, but what is your response to that? because I've as a Republican body, we've all said that. Sure. There, there's multiple issues that impact our kids, multiple issues, whether it's drug use, whether it's physical abuse, addictions of all kinds, but the cell phones you said were going to take care of that if we can do away with all have impacts with our students, and if we're, if we're in charge of setting policies and creating environments that help our students. Let's take away some of the issues that do impact our children negatively. Follow up. recognize for follow up Senator Hill. OK, while, while we're doing this, I've always had the belief. That if uh if I'm going to ask someone else to do something, I need to do it myself. So we're going to ask the teachers to enforce a no cell phone policy with these kids. Are they going to have a no cell phone policy themselves, and if not, why not? Well, what's great is when when you look at this bill, and I encourage everyone to make sure they read the bill. It has local control all throughout of it. In every school district has the ability to set local control policies for their for their teachers, and they, they have the ability to implement that. But I think to the nature and the heart of your question, the important is the important thing to describe is the adolescent mind here. Our teachers don't have adolescent minds. They're adults and the way that cell phone impact adults is different. The way that impacts children. And so this bill is is approaching the focus of trying to help children's minds. Senator King, you're recognized for a question, followed by Senator Hammer and then Senator Clark. OK, thank you. And first off, I want to apologize to you. I couldn't be there yesterday. I always quote Mickey Mantle if I knew I'd lived this long, I took better care of myself. And as you know, maybe hopefully not with used injuries don't catch up with you, so I had to appointment with the orthopedic surgeon I couldn't miss. So we talked a little bit and Senator Tucker asked a question about the private school. The next thing is, is, and I wasn't there yesterday to explain these lock boxes or whatever they are that these cell phones or what's going to be out there to when the child gets there at school, that I guess his cellphone's gonna go in some type of device or storage and then who is going to pay for that? Sure, so what's great again is that this bill allows school districts to decide that for themselves. Some schools already have pouches. Some schools have lockers. Some have cubbies, and they all have the option to decide what works best for them. And so they, they want to budget for different, different options, that's great. So some of the schools that are not, you know, as I don't hate using the word term wealthy or don't have as much money or cash flow that maybe some schools do. I mean, it's going to actually obviously if you take money for something new, it's got to come from something else. It could be used for something else. So it's going to, this is not gonna be the state is gonna provide all the funding for this, it's gonna be whatever the school decides they're gonna have to be responsible for putting it in their budget and possibly more than likely it's going to crimp something else. Definitely could. We all make prioritizations on our budgets just like Es School District would, and if, if things are so tight, they're welcome to say off and away they're welcome to say not allowed to bring them, but I can tell you it's more important for for students to be protected than to to worry about this, this example and I'm actually sympathetic to this. I mean, I've had parents that I was 20 years ago would not have been for this, but as I say, you have to deal with the reality in front of you and a lot of things that you're talking about. There's a lot of people today contacting me that says, hey, Brian, I wouldn't have felt this way about something, but the dealing with the reality in front of you, the things you listed and concerned is why they've changed their mind. But so, uh, but on the thing, there's no state general revenue budget or anything the state's going to provide $2.8 million to cover the cost of all these, it's going to be each individual school district is going to have to comply is your answer. So that's fine. The second part is You know, we've had situations recently in my district where a teacher was fired after a rant about the elections and the reason they were fired and they were out of line, I would say that if it was Donald Trump or Kamala Harris, either one, in that situation that I know from the news reports and that came about would never happen if this, if the student didn't have the ability to record them. And you know, you have maybe some you know, cases, and I understand that every wherever you point the needle on this, there's good and bad consequences, and you've got to do. that, I understand, but what if you have situations of maybe uh possibly sexual allegations either falsely against a teacher or maybe correctly against a teacher or coach that record, you know, that student having a recording device could actually vindicate or Convict somebody that's doing something improperly. So is there flexibility that a school board or situation have some allegations or something come up that they could change the policy to meet that and be able some way for some student to be able to record. Here to that. My response to that would be that I would encourage every family, every student, every family to make their education decisions. Based on the trust they have in that school district or that school. And so fortunately, if you remember the Learns Act, it, it gave empowerment to parents to decide where to send their schools, send their kids to their school. What schools? And if there is a non, if there's if you do not trust the safety of your of your child to go to a school district that you feel like you need to record the teacher, I would encourage you to find a different school to go to, but I, I don't think the answer is make sure that we have a recording devices that distract and hamper the adolescent mind. I think that the answer is you said your kids to a better school district. I mean, I understand, like I said, it's like one of these things is there's consequences either way, and I don't think your intentions is bad in this and everything. I mean, that's not always the case down here with me, but I do think that, you know, like I said, the problem, the reality today we have to deal with. So, uh, fights, bullying, you know, those type of things you see, and I hate these videos of these students getting in fights, but once again, I, I, I mean no one knows it could happen. In any school anytime. Recording those spots sometimes can show who the actual aggressor was, not always because videos can be edited or not taken in time. So if you have a school that, you know, is, is there a question? Yeah, I mean, so I'm ready for a question about it. Well, and I'm saying if you have a situation where there's potential fights or something, you still just do not have flexibility or you, it's just your, your answer is to be if you have that suspected or something, just pull your kid out and go to another school. That's always an option, and Also say the data is also showing that fights and bullying situations are already reduced because of, of this, this type of policy and that's true too. That is a very good point and I agree with that. So lastly for the students out there, it's like I, I've always been. Where, I mean, are we punishing the student that as a parent told me that they're not having a problem with their kid doing it. Why should they have to comply with this when they're actually being good and and I and I understand once again it's about the direction there's going to be consequences. I'm not saying it in a bad term and attacking you. I'm just saying, what do you say to them? Well, I, I, I'd reference you back to what I said in my opening is that this, this applies to two areas of focus. We're trying to help the education environment, but we're also trying to help the social and emotional intelligence in the addiction-free environment as well. So it's not just about making sure that they're focused on their academics, but also that there'll be well adjusted adults in the future as well, OK? And then just because I wasn't there yesterday and I apologize, I couldn't be there. So if you have, they're on field trips, uh, basketball games and then as students do, they text their parents when they're 30 or 45 minutes out. How does that? a plot. Well, after school hours is, is this does not talk about that, so you're allowed to have, you know, if you're going to, if you're going to your work, you've got work arrangements or parents need to pick you up, these are after school hours. You this is not exempt cell phone use. It's not prohibit cell phone use. All right, thanks for answering my question. I understand why you're doing it. I don't think you're a bad person for doing, I think this is actually a a good thing to draw and address. It's just difficult with with uh it's just a tough situation. I think you're great too, Senator King. Hang around a while, you won't think that Senator Hammer is recognized for questions followed by Senator Clark Dodson, Hill, and Senator Mark Johnson. Senator Hammer. Thank you, Madam Governor. Senator, just a couple of quick points. I want to make sure clarification and looking at the bill, you actually have in the bill a provision in the event of an emergency situation during school hours. Am I interpreting that correctly? Yes, sir. OK. And then also on page 3, you have an exemption clause where a school can in their policy that they have to submit to the state Board of Education, if I remember right, if they want to make Exemption, there is a process whereby they can submit that to get that approved. Am I reading that right? You're exactly right, and that was very intentional. I, I appreciate the question because we wanted to make sure that we put the appropriate exceptions. We've got students that need health tracking. So we have medical documented medical needs where personal electronic devices are needed and so we've made sure there's exceptions for those. We also have exceptions for um uh 504 plans and IEP plans. also exceptions, as you, as you said, Senator Hammer, for emergencies in the rarity and the unfortunate situations of fires or tornadoes or God forbid, an active shooter. We have exceptions for for those devices to be used. All right, and the last question is this I appreciate the pilot program. I think the pilot program's great, but in reality, there's already a lot of school districts that have this in place without us having to do this legislation. Am I correct on that? Yes sir. So this is Is this more for the schools that would maybe like it, but for whatever reasons they need the coverage in order to be able to enforce what we've, what we've heard from administrators and even from teachers is that teachers have said, we really like this, but we don't want to be the bad guys. Please don't make us be the bad guys in our classroom. We're asking for help. We're actually begging for help. We've had administrators ask for us to to look into this. We have teachers down the hall. that do something different than a teacher on the other side of the hall, and so kids are in limbo. They don't know if this is a real rule or not, because this teacher allows it, that teacher doesn't, even inside of the same school district. What this does is brings clarity and confidence for all school districts to to be able to have a level plane playing field for the conversation that fits best for their district with, with the confidence of this bill. Well, and I would say this that that really ought to be a local school issue that handles that and I understand the inconsistency. But as you said that something I hadn't thought about until you just said that is a school to transfer a student transfers from one school district to the other, at least they'll know the consistency of the policy because it'll have a statewide application. Absolutely, yes, sir. Thank you. I appreciate the questions. Appreciate a good vote. Senator has left the well. Anyone wish to speak against Senator Hickey, you're recognized to speak against. Members, I just want to come down here to make sure that everybody understands where I'm at. I served on the school board before coming down here. I'm 100% for this policy, but not this structure. And I know somebody, some others have already alluded to this. These private schools that are receiving these voucher funds, they should agree, and I'll say should agree to the same requirements if they want to continue receiving those type of funds. Public schools in southwest Arkansas and I know some of your other districts across the state. are a huge part of the community. So, you know, what I don't want is some other deterrent. Against these public schools, you know, that can be construed as making uh students go to another private school. So again, I'm for the policy, but the structure of this uh I just cannot vote for. Thank you. Anyone we speak for Senator dismay, you're recognized to speak for the bill. I hadn't really planned on speaking for the bill, and you know, I hate to kind of contradict, I think, some of the points that have been made in regards to private versus public. I hate that we feel like that we need to go down that road repeatedly. Number one, the Learns Act funds the student, not the school. Uh, you can go through the program and that's what you're going to see. Number 2, I mean, my question to you, did the state of Arkansas tell the private schools that we were going to make up the difference for the $50,000 minimum pay? No. Do we help supplement their transportation costs? No. Do we help give them free breakfast as I hope you're going to vote on tomorrow? No. There is a laundry list of things that we do for our public schools that we do not provide for our private schools. And so if we want to keep talking about parity and what, well, if they're going to take the learning money that they need to do A, B, C, D, and E. Now the one thing I'm confident that I can tell you is there were probably ahead of most of our public schools and implementing this very policy. I'm aware that they were. It isn't some leg up that Harding Academy doesn't have a cell phone policy. They're going to get a bunch of kids from Cersei because they're gonna implement one at the Cersei public schools. It's just not the case. In fact, when this conversation started, I believe I'd have to go back and look and see if the old emails. It was one of the first things we did. And for everyone else that has a kid in this room that's in a private school. I'm going to guess they implemented similar policies. Again, I, I understand the argument. I think it falls flat. There is a significant difference between the two. We fund students, not the schools. Thank you. Recognized to speak against anyone wish to speak against. Seeing no one, Senator Clark, you're recognized to speak for. Thank you, Madam Chair, Governor. First of all, amen to censure dismay. The Uh, Center D, I appreciate you bringing this bill. I appreciate the governor back in uh it's something that's needed to be done for a long time. The only thing that disappoints me about it, Centra D, is that my name's not on it. Uh, now, I would, I would have to opposed it and worked against it. There's one thing to oppose and vote no, and it's another thing to work against if it had had private schools in it. And since we've broached the subject. The thing that we have to have always had to be careful of with school choice. It's when the funding follows the child that we do not make private schools government schools. We are increasing regulation here. I'm one of those people who don't like more regulation, but Understand that regulation is necessary and when you don't like regulation but understand regulation is necessary, you have to, you have to decide at what points, what's important enough, this is important enough. The studies out there of what's happening to our young people, increased suicide rates, I could go on and on and on. Uh, and a lot of it has been tied to Cell phone and social media. Now we can't do anything about it outside school. We shouldn't. But we can inside the school, and we should especially uh because if I've got my phone and I am, I'm, you know, I'm over 60 year old adult. I have it. If I'm in church, I will be distracted if I'm here on the Senate floor, I will be distracted. If I'm in a committee meeting, I will be distracted because Centro Penzo, I will be looking at it and I'm not 14. So this there is good science behind this. It needs to be done, but We need to be very careful what we decide needs to be policy for public school and whether we think it's necessary then to reach out to the private sector. Because people who choose to have their kids at a private school. They have decided they want something different from the state. And they have never been forced to be in a private school ever. So the choice that they make there and is centered is being brought out very well, most of them have already made this decision. Uh, there is no need for us to tell them to, but there's no need for us to anyway because that's the very reason that kids are in private school, is because somebody thinks that they're doing a better job, that they're doing something different, and they don't want state rules imposed upon them. Now if you are one of those that think if you take state money, you got to do everything the state does, then stand up and say we don't need. we were Against the Lawrence bill we don't want money going to private schools. We don't want money going to homeschoolers, and I will understand that. But we should not make, because the next thing is homeschool will have to do the same thing. And who's gonna regulate that? Because the very people who don't want school choice and don't want the money to follow the student, make the same arguments over and over and over, and I am not talking about any of you. I'm talking about, well, not any of you with an R by your name, but and if you excuse me for speaking plainly, uh, but for those that truly oppose school choice, their argument is always, well, if you take money, you ought to have to do what the state does. No, a lot of the good changes that we have made in public schools over the last 20 years came directly from homeschoolers, came directly from private school because we were doing something different in those laboratories and from charter schools, so that's the one thing that would cause me to vote against this bill, but I am very much for it. I am so glad that we brought it. Anyone wish to speak against. Speak for Senator Irvin, you're recognized to speak for. Thank you, Madam President, and I think everybody's minds made up. I just wanted to take the opportunity to speak on this bill for my own personal reasons. When I think about these kids and the state of where they are in their development as a person, as a child, as a growing adolescent, going into adulthood, maybe some get there faster than others. There's a tremendous pressure already from your peers that are just sitting in the desk next to you. When you have a cell phone, it, the whole world then becomes sitting next to you. And there's a tremendous amount of pressure for these kids based on just who's in their classroom. I went to all girls high school and all women's college, and it was great because I got to focus on my education. We weren't there trying to impress the boys. We were actually there trying to learn, and it was a great opportunity for us just to focus on your education, and there's nothing wrong with that. And I think what this bill does is it tries to speak to the idea. That while a child is sitting in a classroom, they should be focused on math. They should be focused on reading on literature, on history, on learning art, on learning craft, whatever it is. But let's close out the distractions of the world. Just for that time. Close the distractions from that world. So that that little girl doesn't feel like she has to keep up with the little girl that's on Instagram and the social media influencers, all the time. And I can tell you, there are adults that have had serious problems and issues where they've chosen to just remove themselves from social media because they then don't feel like they're worthy. They're self-confidence is beginning to become completely obliterated because now you're not just keeping up with the Joneses next door in your neighborhood or the student next to you, it's the whole entire world that you're having to keep up with. And that's overwhelming, especially for Yes, but even for adults, it's overwhelming. Poor choices occur because of those influences. There's no doubt about it. I'm a big fan of uniforms in school. Why? Because then everybody's not distracted about what you're wearing or that you have more money to buy what you're wearing versus me. Uniforms just take care of that. It removes the distraction. So I really think that there have been policies put in place by schools and institutions of education. along these lines for years. It's just new technology, changing of times, but I think it really is really important for us not to just pass this bill today, but to send a message, please, if you're a parent, listen. Listen, you don't have to have contact with your child 24/7 every single second of the day. It's not healthy for you as a parent. It's not healthy for your kid either. And I just have to say one last thing on the emergency part, and I've talked to Senator Des about this. If you're in an emergency school, please listen to this and understand this. If there is an active shooter coming into your school way and that's running down the hallway, you do not want your student to be glued with their head down, looking at their cell phone. They will be a sitting target. Their ads need to be up, they need to be alert, and they need to be following the instructions of the adults. The same thing is true with a fire. The same thing is true with a tornado. The same thing is true with evacuating a campus for whatever purpose. So I actually don't like that part of your bill, and I told you that because we have some delusion that we have to have contact with our kids 24/7 in an emergency, we can't trust anybody else. Well, guess what? Mom's not gonna be able to tell my child how to get be safe. I'm actually going to make my child less safe if she's talking to me on the phone or he's talking to me on the phone. That child needs to be listening to the teacher, the administrator of the school resource officer. So that's actually one section of the bill I don't like, but I'm voting for it anyway. I just hope that we will use this opportunity to speak today, to send the message to parents and to schools and the kids, just to put it down. Remove the distraction and focus on your education. And I hope you will vote for the bill. Thank you. Any senator wish to speak against? Any senator wish to speak for. OK Senator Stubblefield, you're a recognized to speak for. I'll keep this real short. You know, this is, to me, this is one of the best things we've done for our kids. Since we took the paddle away from the principal. But the only problem with this is From 3 o'clock to 10 o'clock at night, they're gonna have these phones back. So they're they're gonna go without them during school, but they're gonna have him back another so many hours after that. But along with this, along with some discipline back in our schools, we could turn the schools around, but I'm thankful for Sens D and and I'm thankful for this bill. It's a good bill. Anyone else wish to speak against or for the bill. See no one else in these, you're recognized to close. Thank you, Madam Governor. Members, I'll be quick. This is not an anti-tech bill. all approved technology in classrooms provided by schools is still allowed and even encouraged in a lot of settings, this is just, this is just to bring clarity about personal electronic devices. And so I'll end with this. I think all of us remember that our time in school, if you had an embarrassing moment in the cafeteria where you spilled your lunch tray. It was embarrassing for about a day, you know, about day. But now the environment unfortunately, you're now embarrassed, maybe for your entire life. Because it's captured and made fun of and and shared multiple times. We're trying to protect the adolescent mind of how that, how that hampers our kids. Those examples and, and countless others. It's a simple bill. It's the right direction. We have a constitutional charge. We were sent here to do hard things, so that our kids in the future can do hard things. And so their kids can do hard things, things that are difficult, things that are hard to do, and we can do that today. We can set the tone and set the standard. So please, I asked for a good vote. Thank you. The senator has closed. I will ask you all to speak loudly and clearly, Madam Secretary, please call the roll. Bo Bran. Bright Caldwell. Clark Crowe Davis. Days this man Dotson, English. Flippo flowers. Gilmore, hammer. I Hester Hickey Hill. Hi, Irvin. Like Johnson, Mark Johnson. King King Gladding. Laing. Love McKee Murdoch. Payton. Penza Penza, Patty. Rice, Scott. Stone Stuberfield Suivan on leave, Tucker. Wallace. Any senators who did not vote who wished to vote or change your vote. I see Senator Bryant, yes. Any other senators on this side? And he sends on this side. Senator letting, present Senator Penzo, present. Senator King not voting. Senator Hill. Senator Hill, yes. Present Senator Hill present. Is that correct? Please check the board. Anyone else? Seeing no others, please cast up the ballot by a vote of 28 yeah, one nay, one not voting, and 4 present Senate Bill 142 passes, please transmit to the house. Senate Bill 164. Cable 164 by Senator Dodson to authorize the public school to employ or accept as a volunteer a chaplain. and dotson, you're recognized. Thank you, Madam Governor. Members, this bill does one simple thing. It allows for school chaplains who are in our schools to puts into into code the requirement that anyone who hires or has a volunteer school chaplain, uh, they have to pass criminal records checks, child maltreatment, uh central registry check and uh there has to be a certain criteria for them to be eligible to be hired. or be volunteer chaplains in the schools that authorizes it specifically. More than happy to answer any questions. Questions for Senator Dodson. I see Senator Tucker, followed by Senator Davis. And Senator King, I think. Or Senator Tucker, thank you, Madam President. Senator, are you concerned about constitutional challenges with this piece of legislation? No, there are really two that I'm concerned about. One is the establishment clause in the First Amendment, and then the other is an equal protection clause. I, I think you obviously know what I mean by the establishment Clause concern as far as equal protection goes, I'm concerned that we might be subjecting schools to an equal protection clause if they decline a chaplain for any reason that's not specifically listed in the bill. They elect one chaplain of one religion, turned down another chaplain of another religion. Do you have any concern about that? No, I'm not concerned at all about it. Well, we have chaplains are very They're throughout our society right now. We have them in the military. They're not disallowed from being in schools currently and so it's, it's already an established thing. We have chaplains throughout our society. This just sets forth the criteria by which schools in Arkansas, public schools and open enrollment charter schools will have to make sure that chaplains that come in have the religious endorsement from some type of religious organization. If you look in the bill, it will, it provides Besides the The definition for what a religious organization is, and it says, uh not only someone who has truly and sincerely held religious beliefs or creeds, but also as someone who practices, whose practices and rituals are not construed as illegal or contrary to clearly defined public policy. They also have to possess ecclesial authority to grant and withdraw initial and subsequent Ecclesiastical endorsement from a chaplain. So it just lays out very clearly in the law what, what the religious organization is that's endorsing we don't have some fly by night organization that was created with web.com yesterday and it puts into a code who, who has the actual authority to grant that endorsement. So what if are the reasons in the bill that you just listed, are those the only reasons that a school could turn down a chaplain. Well, the schools themselves Uh, let me see if I can find it here quickly. They will determine their own hiring practices. So you know what, what is the I underlined it, so it was really clear and easy for me to find, and now I can't find it. On page one line 28, it says that the schools shall determine the selection criteria for the school chaplains. So each school has autonomy in order to be able to determine their own hiring practices and procedures. I think that opens us up. That's but we have a different position and that's OK. My other question is you mentioned that we have chaplains and other aspects of American society, which of course is true in prison, for example, we have them in state prison, a chaplain has to have a bachelor's degree before they can. to the inmates in federal prison, it's a master's degree. Did you consider how did you determine what criteria and qualifications that Chaplain needed before they could go into our schools. I left it very Spent a lot of time on the definition, making sure it was as open as possible, but also uh was as close to possible actually used the Department of the Military's definition. To try to weed it from that largely to draft this language, so which department of the military is that? Federal of the United States Department of the Military. That's what I was wondering about. OK, thank you, Senator Senator Davis, you're recognized for a question, followed by Senator King. I see Senator Murdoch and Senator Hammer. Thank you, Madam President. I, I think you partially answered my question, but I was wondering if there was anything currently prohibiting this in law, where schools cannot already do this. And if not, then what is the purpose of this specifically? There's nothing. prohibiting them from doing it that I'm aware of or that I could find, um, so the purpose is express permission to ensure that school districts are aware that they can do this, but then also secondarily, as I started off in my opening to make sure that if they are going through their chaplains that are going into our schools will be in a position of somewhat of authority influencing not only students but staff and parents in that local district have passed criminal background checks. They've also passed the child maltreatment central registry checks and so we're we're ensuring that the people that are in front of some of the most vulnerable folks in our society are not predators. OK, so even if this bill does not pass, then chaplains are still allowed to volunteer or be employed by a school district as the school district deems fit. Thank you. Senator King, you're recognized for a question, so I want to apologize to you too. I was not in education yesterday because of the doctor's appointment, so that's the reason I'm asking the question now, but so this uh let's say, I mean, I started with Dan Greenberg. I don't know that you did. It was Jewish. I mean, can this be a chaplain, a rabbi, I mean, what if, what if uh a we excluding rabbis. No, it would be some religious organization as you see, is defined on page 3 of the bill would be so if it was a synagogue or something like that, and they endorsed chaplains, obviously I think they'd have to have the term chaplain in there, their endorsement, which I'm not entirely sure if a rabbi is considered a chaplain or not. That's a question I hadn't contemplated, right? I mean, I been a protector of Israel and I don't know how we do that and then exclude bars, but I, I mean, so I just as am I. I know, and you are. I'm not attacking you on that. I'm just saying if there is a rabbi and in like my church and then when I was involved with church youth groups, we were, we were see you at the pole, we did a lot of things with schools. I'm not familiar of any school in my six counties that I cover, that there's an exclusion of some type of interaction. I mean, how does this change that and I apologize like I said, I wasn't there yesterday. How does it change anything that I'm seeing that I'm not hearing? a problem of now that somebody's not being excluded. Uh, how does that change that now with this bill. It shouldn't change anything for folks that are already doing this, but for areas where there might be local folks that say, hey, we don't have the clear permission that they might be advised by an attorney asking a question, Is this constitutional or is it not? There's, there will be statutory law on the book saying here we are, and then of course once this is passed. If it is challenged, our attorney general will take it and defend the law on the books, yeah, and I mean, I know the Constitution's challenge. I've been part of that either way, and, and you know you can always, I'm not someone that needs to hang it up even if I agree with it just because there's this threat of a constitutional challenge because that's our process that we have to learn, uh, so we asked about the learns if, if, if a school is getting learns money or do they have to abide by this same thing. I mean, most of them probably are, if I'm guessing, but Will they have to abide or is this another different rule? So if you look on page 2, line 2, or page 3, line 2 of the bill. It defines public school and this specifically is relation to a school operated by a public school district or an open enrollment public charter school. This does not deal directly with private schools, which I'm sure they already have their own Harding Academy, all that, I don't think we have to worry about that unless Senator Dimas changed things up there. for something different, but, um, OK, so let's say under the learns thing, uh, learns if, you know, we know some of the Turkish people that I mean some of us have went to Turkey on exchange if they, and I don't know that they are, they have a school if they get loans, uh, they, they can still have their religious freedom to do what they want under that with their thing. OK, hey, I appreciate the questions or the answers. Mm Senator Murdoch, you're recognized. We have a long list, hammer dismaying stone, I believe, letting and Clark. And Scott. Thank you. Uh, so akin to what Senator Davis mentioned and maybe some others. I just want to make sure I'm clear if a school district is already doing this in their way, this don't affect that the the kind of grandfathered in, they don't have to acquiesce to what we're doing here today. They can continue as they are if they're OK. That, that would be correct other than the fact that if they did have chaplains, that they were already employing or volunteering, they would need to pass background checks and comply with the statute as far as making sure that they pass criminal records checks and child maltreatment, central registry checks. You, you're saying yes. So, so what we, it would affect the school district that's already under the guise of this see, they have to To have anyone on the campus they have to do those minimal things of background checks in those minimum safety things beyond that. Beyond that, are they OK if they already doing it. If they've already got a policy in place and they're already doing it right, this would just put it in statutory requirements that those folks that are coming in, they, they have to have those types of background checks I'm assuming that most schools are probably doing that already. However, this would put it into statute requiring it. Thank you. Sender hammer, you're recognized for a question. Thank you, Madam Governor. A couple of quick questions. Number one, in the bill, it starts off by saying a public school may employ or accept. So the fact that the language is permissive if a if a school district just doesn't want to deal with it at all. They just say too controversial. We're not sure if we're going to, you know, have to let, you know, one denomination in over the other, they can just say no, correct, this is not. mandate requiring anyone to hire anybody in specifically. It does allow for them to do it and makes it explicit within the law for anyone having a question that they can hire but it doesn't force them to do that, OK, but if they choose to do so. Then Do you think that this allows a statewide standard as far as what a school district would have to comply with if they wanted to do this, that it would, it would remove maybe the conflict between two districts that are side by side that are operating differently or what what's the intent as far as what you hope to achieve. If a school district could do it now, what's the hope that you intend to achieve by doing this. So if you look down at the Very end of the bill on page 3 where defines school chaplain. It would mean that a school chaplain is a member of the clergy who is credentialed by a religious organization to a function in a plistic environment and be directly or indirectly support the free exercise of religion by all individuals in schools. So it, it sets that minimum. Criteria that says, OK, if you're going to be a school chaplain, you've got to support everybody. In this plistic environment, but you also have to be credentialed by religious organization, and if you look just above that, and we already discussed it, the religious organization is defined as an entity that that actually exists already exists, and has the authority to credential chaplains, and so or remove the credentialing of the chaplains if, if they are uh You know, not, not fulfilling the ecclesial charge of that particular religious organization. So it sets those minimum criteria, but uh school district could have hiring policies that are more stringent than this. It just allows them the ability to have the express authority to hire without question. OK, and I know there's a long list, so last question, where we're saying that they don't have to submit the criteria to the state for approval, but the school district has to have those credentials in order to be able to allow that chaplain to function within their district. If I read that, that's correct, right? So, so we're going to put it on the local school district then to be responsible for determining who fits the bill and who doesn't, and I'm trying to resolve that in my mind. I know the history of the bill. I'm just trying, as I was reading it. trying to resolve that in my mind. I mean, I would imagine, as you probably can, that a local school district is probably more in line with knowing who the local folks are that might fit the criteria of the chaplain when someone's coming in either as a volunteer or if they're going to actually pay them and employ them in the district, uh, you're probably not gonna have somebody coming in from out of state that, you know, no one in town knows, so the, the superintendent and the school board locally would be the ones making that determination of what the criteria are for hiring, but then also ultimately allowing them to be in the schools and setting that policy. All right, thank you. Senator dismaying, you're recognized for a question, do we have any public schools with a chaplain in the state. can't say for 100% certain. I think there are, but I, I don't know for certain, OK, I'd like to know if we do, I would like for us to find out where they are. And then I, I think I caught it in passing in your answer, but the chaplain would be for everyone's students included, students, staff, and parents of enrolled students. OK, thank you. Senator Stone. Uh, yes, Senator Dodson, just for clarification, I think you just touched on it just a little bit. I said, it says a public school may employ or accept a volunteer. Uh, on the school as a chaplain, so you're talking about bringing chaplains to the school and maybe put them on the payroll, yeah, if they choose to do so they're not required to, but yes, if I choose to employ a chaplain, they would have that ability to do so Madam President, if I may, I'd like to ask a follow-up question. Is there a school right now that prohibits a pastor or a chaplain or a preacher from coming onto their campus right now. I don't know one specifically, so Are we fixing a problem that doesn't exist. We're, we're Giving express permission to make sure that no one questions it whether or not they have statutory authority to do it. OK, thank you. All right, thank you, Madam Chair. Senator has left the well. Does anyone wish to speak against. And Senator Dimay, you're recognized to speak against. Thank you. I think, I mean, I generally understand. I think what we're trying to do here, I mean, this is my concern. Senator Hester, I don't think he's in a room, you know, he's a great Baptist. I'm Church of Christ. We see things a little differently. Uh, in an adult context, if he'd said that we were just, you know, this is for the teachers, adults, uh, people that had, you know, had a firm commitment and, you know, their feelings one way or the other or We're, you know, able to make decisions on their own for themselves completely, then that's one thing. That's not what we're talking about. We're talking about the mentoring of children through religious lens, which I would probably prefer that to be left up to me. Or my church or the people that I want involved in that conversation. Uh, again, I, I don't think this is something, honestly, we probably have occurring in any public school, I think it opens up the doors to a much bigger conversation that if we need to have, then that's perfectly fine, but I just Again, if we're talking about allowing this to occur with students, then that's a whole different ballgame. Thank you. Senator dismaying anyone else wish to speak against? Well, we can. Speak for Senator Peyton. I'm the perfect candidate because I'm speaking on on the bill. I had questions and I hope that the sponsor will address these questions in his closing remarks, but number one, the, there towards the end of the bill, where it says that the chaplain has to be credentialed. I don't know about your neighborhoods, but in my county, we have a lot of independent churches that are not part of a Worldwide, statewide organization and I have questions as to whether or not those pastors who are well established in the community for many years and have great congregations whether or not they would even qualify because they are not credentialed by, by religious network, and then the other thing that I have serious concerns about that. I hope you'll address is the question on immunity, uh, there's a level of immunity given there towards the second, the last two para paragraphs of the 2nd page and it sets a very high standard. I can't remember and quote the the words, but willingly, maliciously, there's 3 words, and it doesn't say or it's and all three of those thresholds have to be met to break the immunity. So if you could speak to that, I'd appreciate it. Thank you, Senator Payton. Senator Payton spoke on the bill. Does anyone wish to speak or. Senator Martin Johnson, you're recognized to speak for. Thank you, Madam President. It seems like this is the week of disclosures, full disclosure, uh, My wife and I, our marriage was solemnized in the United States Capitol by the chaplain of the United States House of Representatives. That's just full disclosure. We have chaplains at so many different levels. Military has been mentioned, uh, Many of you may not know there was a time I remember it and might even remember it. We had chaplain of the Arkansas Senate. Uh, when I remember Senator Hammer was Senator Corbett mask from Benton. You may remember him. He was a chaplain of the Senate many years ago when I was a page. So chaplains are nothing new. And the military has them. The United States Congress has them. If you've never seen a movie called A Man Called Peter. It's about Peter Marshall, who was the chaplain of the United States Senate and absolutely an extraordinary individual. Uh, the First Amendment Remember, is about the people. It's not about the church. It's about the people. I appreciate it, Senator Disma's comments earlier that the Learns Act is about, it's about the kids, it's not about the schools. The chaplain is to serve. And our society, our Western civilization believes that there is some good in that. I, I, people that have questions about the details of this and, and I will certainly say to my friend that uh Senator Dodson, maybe there's something to some of these. You might want to do some cleanup stuff, but conceptually, the First Amendment is not an attack here and I've always stood up from people that say that, you know, the establishment clause is about creating a state religion. The establishment clause is to stop what they had in England that you had a Church of England and that was the only church you could have. And this certainly doesn't do this. And it, it would even go beyond, I would think, in some cases could go beyond even Christian religions. If a community had a lot of students of another faith, and uh chaplain properly vetted. could serve them. I think it's a good bill. And I'm a believer in religious freedom. I'm working on another bill for religious freedom, not because I don't think we have enough laws on it. I think we have them, but we probably need to remind people of the codification of that and what the what the First Amendment really means. So I'd appreciate a positive vote on this bill. Thank you, Madam President. Thank you, Senator Johnson. Anyone wish to speak against S and letting you recognized to speak against the bill. Thank you, Madam President. Colleagues, I didn't plan to vote no today. I did not plan to come down and speak, but like some others, I had some questions. I do commend Senator Dodson for taking as many questions as he did, but I hope maybe he can address the ones I have and his closing. I do understand the need that we might students might want to have someone to talk to in the elementary, junior high and high school I went to, we had counselors who worked for the school. They were there at the school for students to talk to. I just wonder if trained mental health professionals wouldn't be more appropriate for a public school setting, and I also know that in other states that have considered similar legislation, there have been a little more transparency and parental consent requirements that parents must be notified, but that also the school district websites would be required to post a list of approved chaplains. So I'm just wondering if that's something that is included in this piece of legislation. Thank you. Anyone wish to speak for Senator Clark, you're recognized to speak for the bill. I'm really speaking on probably would have spoke for, uh, but I had questions. Uh, this is the 2nd bill today I had questions on, uh, that are really needed to get answered, uh, the I think the employment side can create some problems, uh, because if a local school is employing someone and they turn down someone because they're Missionary Baptist or they turn them down because they're Catholic or they turned them down because they're Jewish, the army doesn't do that, uh, and I think that could, uh, a religious grounds, I think that you got a real big problem from a voluntary basis. I love it because I think If Tim God, Missionary Baptists, Nazarene, uh, pastor, uh, or even a lay preacher wants to volunteer to be a chaplain, this allows it. Uh, and if a Catholic priest wants to volunteer of a Jewish rabbi wants to volunteer, they can, and the idea of having a spiritual advisor if somebody chooses to go to them, we're not talking about proselyting. That's not what a chaplain does, uh, versus a secular, I think is a great idea, uh, because there's things as a counselor. You can't advise you can't say that even though you think you might ought to, uh, and so having a spiritual advisor there available, I think it would be a great idea, and I don't think there's anything in this bill that hinders uh Catholic priests or Jewish rabbi, and a Luther Nazarene Missionary Baptists, all volunteering, so. That I think is, is great. Uh, on the employment side, I think it may need a little bit more fleshing out. I really want to vote for it, but I couldn't ask my questions. Anyone wish to speak for since Senator Clark spoke on the bill. Anyone else wish to speak for anyone else wish to speak against. Senator Dodson, you are free to close. Thank you, Madam Chair, and for those that I didn't get to your questions, I apologize. um I didn't see anybody standing up when I stepped out of the well, but I didn't remember the list of names she read off before, so it was not intentional to step out and not take your questions. Senator Payton, I think part of your question was addressed. I talked to you a little bit offline, just wanted to put it there that with regards to religious organizations. individual church would be considered a religious organization if there are 501c3 as defined on page 3, Lines 5 through 9 of the bill, talking about Individuals as churches integrated auxiliary of a church or a convention or an association of churches, try to make that as expansive as possible, but that would allow for a religious organization as as individuals a church, if they were the ones credentialing the chaplain, as far as the immunity is concerned, if you look on If they are doing something maliciously, willfully and deliberately that's intended to cause harm or harass, they do not have immunity, so that in that section of the bill, it's, it's a the school chaplain only has the immunity, you know, if they're in the course of their job, their regular what they're regularly doing, but if they're intentionally trying to cause harm or harass or intimidate individuals seeking support services. Or programs from the school chaplain they would not have that immunity, so hopefully that makes that clear. Uh Sorry if I Didn't address everybody else's questions. I thought I wrote them down, but The main thing in here chaplains and then as far as rabbis are concerned, I'm going to try to look into that further if this passes out today. I will ensure before it passes into law that we, we do allow for the broadest definition of the word chaplain to include rabbis in that as far as uh just in closing on the bill, chaplains are uh Specifically trained in high stress situations to help individuals with um challenging issues that are facing them and our students in schools today are increasingly facing higher and higher stress situations where Ultimately they need that sort of uh listening ear. They need that sort of uh of person who is trained in addressing not only the the mental things, but the, the, the whole person, the soul of the person, um and making sure that they're getting that uh Spiritual guidance as well with regards to uh questions of, of life and, and in certain cases if if uh if they're maybe getting bullied or if there's they're hearing about things on the news or if maybe a teacher has a loved one that that I know I've heard of such situation just last week where a community member passed away at the same time as another kid in school I think committed. aide and so kids are facing stressful situations and questions about life and that is the purpose for allowing chaplains within our schools in those high stress situations to to ensure that they have access and not just students but also a staff which are are helping with our students, but they're also dealing with those high stress situations as well. So with that, I'll conclude and ask for a good vote. has closed, Madam Secretary, please call the roll. Boyd Bran Boyd Brat Caldwell. Caldwell Clark Clark Crawl Crowell, Davis days. This man Dotson, English. Lipo Flap out. Flowers Gilmore Hammer. Hester Hicky Hickie. Hill? Hell. Irvin, Irvin. Blake Johnson. Blake Johnson. Mark Johnson King lighting. Love Love. McKee Murdoch. Hi Hayton Paton. Pennzo Patty. Rice Rice Scott. Stone Stab afield? Stab a fail Sullivan on leave. Tucker Wallace. Any senators who did not vote or who wish to change your vote. I see Senator Clark, yay. Senator Crowe present. Senator Love present. Any other senators on this side. This side. Senator Hill present. Any other senators, please check the board. Senator Hickey, yes. Any other senators? Seeing no others, please cast up the ballot by a vote of 1311 nay, for not voting, and 6 present. Senate Bill 164 fails. Senator Dodson, you're recognized. I'd like to make a motion to expunge the vote by which Senate Bill 164 failed. Motion to expand the boat. Good night. Motion to expunge the vote by which Senate Bill 164 failed. All those in favor, please signify by saying aye. Any opposed? I have it, motion carries. Senate bill, rather House Bill 1046. How spell 1046. by uh by Representative Pilkington and Senator Davis to establish a blue envelope program. Senator Davis, you're recognized. Thank you, Madam President. Um, the, the purpose of this bill is to provide individuals with autism, a standardized way to share their information with police officers during a traffic stop. So the goal is to reduce misunderstandings, increase safety, and foster better interactions. So this will simply let um a person with autism after they go through the proper process to get a blue envelope, to have it in their car with them. So if they're pulled over on a traffic stop, they can hand it to the officer, um. Rather than being trying to, you know, be stressed out and communicate in a high stress situation. So all the information will be there, the officer can see it, um, and hopefully this will improve safety and better outcomes in these traffic stops. I'm happy to answer any questions. Questions for Senator Davis. Senator Hill, you're recognized. Secretary. After testimony yesterday, he was very, very compelling testimony by a gentleman that presented, presented this with representative. My question to you, is there any way that DFNA can mark that on their driver's license to having for instead of them having to keep up with a package or anything like that to make it a little more easy where as soon as they hand it to them, they notice it. Um, I'm sure we could run legislation that does that, but that would simply be a mark and not all of the information that maybe says, you know, I am nonverbal or I communicate in this way, like some of the explanation of the way that they best interact and communicate. Um, I think is the information that's needed for those officers to be able to have a good interaction, and that wouldn't be able to, all of that would not be able to be on a driver's license. But Thank you. Other questions, Senator King, and I see no question from Senator King, Senator Mark Johnson. Thank you, Madam President. Um, Senator Davis, I was in the committee when the gentleman that Senator, he was talking about, spoke, I was not aware of this situation until this bill came up and thank you for helping Representative Pilkington with this. Uh, it appears that, and while this is not like a universal thing. I hope maybe it will be a kind of a model legislation, but instead of having some notational license, this, the fact that the envelope is blue. Well, hopefully become some kind of national standard where if someone is on the autism spectrum to avoid any question about it. They hand their credentials, their driver's license, their insurance and their registration to an officer and he sees that he or she sees the blue envelope that that would identify what that's about, uh, would you agree with that? Yeah, I think that would be great. Senator Johnson, thank you, and it's good. Thank you, Madam President. Are the questions Senator Hammer, you're recognized for a question. Thank you. Thank you, ma'am Chair. I was, I was looking at the bill. Uh essential documents including without limitation driver's license, vehicle registration, and contact card, but what's not listed in here is the insurance card, and that is, and I know we've got the insurance verification where they can do it, you know, where they can check online. I remember that, but yet at the same time, I also know that sometimes officers will ask for that. Is there a reason that the insurance information was not included or The way the language is written. Would it preclude I'm trying to figure out where the insurance documentation would fit in the way this language is written. Um, no, it will not preclude it, they can include that in there. I mean, and it also includes communication guidelines, um, on the exterior that are tailored to the individual, so there's additional information that can be in there, anything that they would need in a traffic stop, and then with the way that they best communicate on the outside of that envelope. OK, maybe what they could do is when DFA designs it they could put a checklist on the front. And that could be included on a checklist box where it would say insurance card so the individual would know that's something they may want to put on there just to avoid any, uh, because to me that seems to be one of the points of contention is do you have insurance or do you not? So just friendly suggestion. Thank you for the bill. I think that's a great idea. Thank you, Senator Hammer. Any other questions? Senator Payton, you'll recognize her question. Thank you, Madam President. Senator Davis, uh, in the bill when it says that the Department of Finance shall develop and make available the the specially designed blue envelope. Then it continues in the next paragraph and describes that the blue envelope developed under this subsection shall include communication guidelines. Are those guidelines Specific for the individual, or are they something that's going to be uniform because it would appear to me that we're compelling DFNA to create the envelope. Is DFNA also going to be responsible for what's printed on the outside of the envelope. Who's going to get that? Printing done on the outside of the envelope that describes what you're wanting to describe. So that's specific to the person, I mean, autism, as you know, looks a lot of different ways, and so it's specific to the person with autism, so that officers know how to interact with them specifically. Um, so they'll be the ones, um, that put that information on there, but they have to go down and do it at their local office, and so I think that's where that would happen. So DFNA is going to have to print on the envelope those instructions. Well, I don't know that it has to be printed, but it'll be written or printed on the envelope. But that will be up to the DMV agent. Um, I don't think that Specifically, I mean, where I think that happens is down at the local office with the person that says this is the way that I communicate and it's tailored to that person. I mean, the idea is that it's for each individual person, so that if they're pulled over, you know, they have a successful traffic stop. I totally agree. I'm not trying to. To trick you or anything, but the way the language of the bill reads, DFAA is going to provide the envelope and the envelope is going to Have this information, it, it would appear that DFAA is going to be responsible for putting that information on the exterior of the envelope and that information's not uniform, so somebody at DFNA is at the local office or whatever is gonna be responsible for putting that information on the envelope. Yes, when the person goes into their local office to request a blue envelope. So they have to go request it and be approved for it, and that's where they'll have that. put that information on the envelope. OK, thank you. Excuse me, Senator Gilmore, please refrain from using a cell phone in the chambers. Are there any other questions Senator King, you're recognized OK, I'm sorry, I had a question and I didn't, and then I was, and you may address this so you have a special needs situation. I have a special needs situation with my niece and I'm close to them, but autism is something my niece's cerebral palsy related, but so in these autistic cases. I mean, I just said, some of them are drivers, they have driver's license, but yet have this or was that clear or covered, uh you ask that again? Some of them have driver's license some of these with this blue envelope program, do they, are they legal drivers? In some cases, not, not all cases, but maybe some cases, right? Legal drivers, I think if we have a legal driver's license and yet have this blue envelope. Yes, that would be all of them, yeah, OK. I didn't know if, OK, sorry, I didn't know if I was answering I'm sorry I'm. I got this straight, but so would it be easier at this point in time, I mean, I, I'm gonna vote for this, but it it would it be easier if they had some type of stamped on their driver's license that they had this, that would be easier to carry. that covered earlier, Senator Hill asked that question. I'm sure we could run legislation to do that. I mean, my point to him was simply that that would be a mark versus um written information on how to communicate with that person specifically, and that's just something you can't fit all on a driver's license. I'm sorry I did not catch it. I was distracted by my phone. I was distracted. Thank you. Any other questions? Would anyone like to speak against the bill. For the bill, Senator Davis, you recognized a close for the bill. I'm closed for the bill. Thank you. Any objection to Rolling the vote, seeing none, Madam Secretary, please roll the vote. Boy, Bryant Caldwell, Clark, Crowell, Davis, Des, Dismay dots and English flippo flowers, Gilmore, Hammer, Hester, Hickey, Hill, Arvin, Blake Johnson, Mark Johnson, King, letting, love, McKee, Murdoch, Peyton, Penzo, Petty, rice, Scott, Stone, Stubbail, Sullivan on leave, Tucker Wallace. Would any member like to vote that has not or changed their vote. Senator Rice not voting. Any other member seeing them, Madam Secretary, please cast up the ballot. By a vote of 33 yes and one non-voting. The bill is passed. Please transmit to the house, return to the house. House Bill 1135. 11:35 by Representative Anchor and Senator Bowen to allow the issuance of a digitized identification card to amend the law concerning the fee for issuance of a digitized driver's license or digitized identification card and declare an emergency. Senator Boyd, you recognized to present House Bill 1135. Thank you, Mr. President. So what this bill does is in 2023 we passed legislation that facilitated the ability to have a digitized driver's license, a mobile driver's license. What this does is it, it makes two additional changes to that one, importantly, it allows for the state to issue a digitized state identification card, number 2, when we pass the legislation last year, it mandated a $10 fee. What this does is it actually says you don't, the state does not have to charge $10. It could charge no more, but the, the charge could also be zero, and what I would anticipate is the charge will be 0, at least in the beginning, but it is not mandating a new fee. It's actually saying the fee can be less than what we said it had to be last time. Are there any questions for Senator Boyd? Seeing none, are there any members like to speak against the bill. For the bill, Senator Boyd, would you like to close for the bill? Thank you, Mr. President. I'd appreciate a good vote. Thank you. Any objection to rolling the vote? Seeing them, Madam Secretary, please roll the vote. Caldwell, Clark, Crowell, Davis, Des, Dema, Dotson, English Flippo Flowers, Gilmore, Hammer, Hester, Hickey, Hill, Irvin, Blake Johnson, Mark Johnson, King, letting, love, McKee, Murdoch, Peyton, Penzo, Petty, rice, Scott Stone, Stubberfield, Sullivan on leave, Tucker. Wallace. Are the members like to vote that have not or changed their vote. Seeing Madam Secretary, please cast up the ballot. By a vote of 34 yes. The bill has passed, returned to the house. Emergency clause adopted. Are there items at the desk? Will your committee on City County Local to whom was the first Senate Bill 182 by Senator Gilmore recommend due pass calendar. Were your committee on grossed bills to whom his first symbol 183 by Senator Dodson, uh, compared the engrossed copy of the ritual and find the same correctly engrossed education. Committee on gross spells who was the first Senate Bill 59 by senator dismay compared to the engrossed copy with the original and find same correctly engrossed education. Sym 188 by Senator Hocker to amend Arkansas law concerning initiative petitions and referendum petitions and require public posting of statewide initiative petitions, a referendum petition 188. State agencies 189 by Senator Clark to authorize the infirm of for human use to be sold without a prescription or consultation with the healthcare professionals sent 189. Public health House 1007 by Representative uh Perry and Senator Rice to regulate liability for shooting sports events. And to provide immunity to certain individuals with respect to shooting sports events, 1007, Judiciary household 1067 by Representative Gamblin and Senator Hill concerning firearm holder agreements and to provide civil immunity to a federal firearms licensee, who agrees to hold a firearm for an individual household 1067 City, county, local. Are there any announcements? Senator Mark Johnson, you recognized. Thank you, Mr. President. Joint energy will meet 15 minutes upon adjournment in Big Mac A. I think in the past it was set up for 171, but it is in Big Mac A. Thank you. And other announcements. Senator Hammer, you recognized? Members will have prayer caucus in the morning, 7 o'clock, the old Supreme Courtroom, the House is outpacing us in prayer caucus so she could come for about 30 minutes in the morning, be a good thing. It's good fellowship, good study, open forum, so come on at 7 o'clock in the morning. Thanks. Senator Gilmore, you recognized? Members, I do have an announcement. I just would like to apologize as the prote so uh eloquently pointed out earlier, I was on the phone, so I apologize for that. My announcement is the new conference rooms over at Big Mac are now open and available. There was a card that was passed out. It should be on your desk where you can call to reserve those for your use as you need. Feel free to do that. Uh, but they're, they're two new conference rooms that were added and then there's ones in the back as well. Uh, feel free to use those as you need them, but uh just wanted to let you know there's a card passed out that has the information to reserve those. Senator McKee, you're recognized? Thank you. Members, uh, if you like shrimp, tonight's the night, OK? War Memorial, 4:30 p.m. Hot Springs Chamber of Commerce. Come have some fun. Express box. Senator Petty, you recognized? Thank you. Members, I know we got a lot going on, but tomorrow morning, the Arkansas Society of CPAs is having a legislative appreciation breakfast from 7:30 to 9 at Capitol Hill Apartments. Are there any other announcements Madam Secretary, we're a committee on enrollments to his first Senate Bill 18 by Senator Wallace compared to old copies with the original and find the same correctly wrote and delivered to the governor at 2:24 p.m. Respectfully, Senator Ricky Hill. OK. Not from the governor of receipt of Senate Bill 18. about What Are there any announcements? Seeing none, the Senate is adjourned until 1:30 tomorrow, subject to clearing the desk.