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Senate floor
March 2, 2022
Griffin Madam Secretary, please call the roll. Before you do, I need leave for Senator Clark and Senator Elliott. Without objection, please call the roll.
Secretary [Roll call]
Griffin Everyone please stand, including those in the gallery. Someone just texted me to tell me my microphone is on. Yes, it is on. Senator Gilmore is going to lead us in a word of prayer.
Gilmore Pray with me, members. Heavenly Father, we just thank you for this day. We thank you for your many blessings. We thank you for who you are and for being sovereign, Lord. And we pray, Lord, that you would bless this time. Bless all of us, Lord, in this chamber as we go about the people’s business, Lord, that we would do it in a way that brings honor and glory to you. We pray, Lord, for the events that are happening globally. Wars, Lord. I pray for the folks of Ukraine, Lord, that you would bless them. I pray that you bring peace to that region. Lord, we know that you are in control of everything, just like you say in Daniel, that you raise up kings and you tear down kings, Lord. And we thank you for that. We know that you’re in, you’re in control of that, and we just pray for your will be done and that you would get honor and glory from it. Lord, we just pray again that you would bless this time. Give us all wisdom. I pray that you would just bless the state. Bless this nation, Lord, and I ultimately pray that you would, that we would decrease in order that you might increase to receive all the honor and the glory and the praise. And we thank you for what you’re going to do. In Jesus’ name we pray, amen.
[Pledge of Allegiance]
Griffin Thank you. Senator– we’re going to go to Senator Chesterfield, then we’re going to go to Senator Sullivan. Senator Chesterfield, you’re recognized.
Chesterfield Thank you, Mr. Chair.
Griffin One second, senator. [gavel] Senator Chesterfield has a very important message today. Thank you.
Chesterfield Thank you, Mr. Chair. I’m asking Senators Flowers and Tucker to join me here. This is a very special occasion for me. I stepped out of the, out of the college ranks and went to work at Hall High School. I was 21 years old and I met a young man who was 18, and he’s here today and he is going to retire and I hope I will shortly after him. But he’s a very, very special person and I want you to know who he is. Besides one who used to drive a green Mustang and I used to drive a cocoa and white Le Mans and race down University Avenue. Thank God, we didn’t get caught. Where is Dr. Bill? William Bill Lyman Rutledge has been dedicated to service to his God, his family, his church, his professional endeavors, his students, his staff and his community, and has faithfully utilized his gifts as a surgeon, lecturer, educator, leader and published author to invest in the field of medicine for over 34 years. His contributions are being celebrated on February– today in advance of his official retirement. And whereas throughout his career, Dr. Rutledge served in many roles with several local, state and national boards and organizations, and he has been widely recognized for his distinguished service and medical acumen. And whereas Dr. Rutledge has demonstrated a special devotion to the health expert care and well-being of his patients over the years. He has been a role model to many, and his commitment to the professional development and education of his students has created a lasting legacy for physicians and medical professionals under his leadership. And whereas the members of the Arkansas Senate wish to join Senator Linda Chesterfield in congratulating Dr. William Bill Rutledge on his medical career and in wishing him well in his retirement. Now, therefore, pursuant to the motion of Senator Chesterfield, we ask that this citation be presented today. Bill, this is for you.
Chesterfield I would like leave for Dr. Rutledge to be on the floor.
Griffin Without objection.
Flowers If I may have a point of privilege.
Griffin Senator Flowers is recognized.
Flowers Dr. Rutledge is real special to me. He’s my doctor. And I’d also like for you all to know that he’s on the medical board. He licenses physicians in the state of Arkansas. So when I tell you, I can’t come in here without a mask on, my doctor knows. Thank you. He’s the best doctor I know other than my uncle who I lost.
Chesterfield And he is a deacon at his church. For those of you– how long you been a deacon? 25 years he’s been a deacon. Y’all, thank you so much for helping me to welcome Dr. Rutledge to the Senate.
Griffin One of my staffers is Mason Smither. He’s in the back. And I just want to welcome his mother, Mrs. Smither, who’s up here in the balcony. Let’s give her a round of applause. Thank you. Senator Sullivan.
Sullivan Thank you, Governor, I’d like to recognize, along with Senator Wallace, we have some students and their families up here from Ridge View Christian School. If you would, please welcome them. Thank you.
Griffin Senator Hammer.
Hammer Thank you. Thank you. All right. I’d like to introduce our Doctor of the Day. Been here before. We’re glad to have him back. Dr. Bala Simon with Family Medicine of Little Rock. And also he has with him attending also Dr. Beth Milligan, and we’re honored to have our two doctors of the day and our nurse, which is also Brenda Hewitt. Glad to see her. Would y’all give them a round of applause, please?
Griffin Any items at the desk?
Secretary Yes, sir. Dear Mr. President, this is to inform you on March 2, 2022, I reviewed and approved the following measures from the fiscal session of the 93rd General Assembly. Senate Bill 85, Act 107. Senate Bill 86, Act 108. Senate Bill 87, Action 109. Senate Bill 88, Act 110. Sincerely, Asa Hutchinson, governor.
Griffin File it.
Secretary Notice of Return of Senate Bill 84 from the House as passed.
Griffin Enroll it.
Secretary We your committee on Joint Budget to whom was referred Senate Bill 16, Senate Bill 18, Senate Bill 20, Senate Bill 26, Senate Bill 35, Senate Bill 43, Senate Bill 46, Senate Bill 47, Senate Bill 48, Senate Bill 59, Senate Bill 60, Senate Bill 61, Senate Bill 62 all by Joint Budget recommend do pass.
Griffin Calendar.
Secretary We your committee on Joint Budget to whom was referred to Senate Bill 12 by Joint Budget recommend do pass as amended Number 1.
Gilmore Calendar.
Secretary Committee on Joint Budget to whom was referred Senate Bill 23 by Joint Budget recommend do pass as amended Number 1.
Griffin Calendar.
Secretary Committee on Joint Budget to whom was referred Senate Bill 40 by Joint Budget recommend do pass as amended Number 1.
Griffin Calendar.
Secretary Senate Resolution 35 by Senator Dismang to congratulate the Harding Academy Wildcats football team on winning the 2021 Class 3A State Championship. Senate resolution 35.
Griffin Calendar.
Secretary Senate Memorial Resolution 1 by Senator Ingram In respectful memory of Jason Connor Lang and in recognition of his many contributions to the state of Arkansas. Senate Memorial Resolution 1.
Griffin Calendar. Now we’re going to move to the Budget calendar. The amendments aren’t ready yet, are they?
Dismang We’ve got a supplemental we’ll take up in a little bit.
Griffin You’re good. Senator Dismang.
Dismang All right. Thank you. Members, there’s going to be, what, four sections to today. I already know that we’re going to pull out Senate Bill 102 and Senate Bill 105 for a separate vote and discussion. I’ll read the rest of them off. If there’s any others you’d like to pull out, just let me know, and we’ll consider those separately. And we’ll do it by section. So the first section is Senate Bill 103 and 104. Would anyone like to vote those separately?
Secretary Senate Bill 103 an act for the Department of Finance Disbursing Officer appropriation for the 2022-2023 fiscal year. Senate bill 104 an act for the Department of Veterans Affairs appropriation for the 2022-2023 fiscal year.
Dismang All right. Yeah. Appreciate a good vote.
Griffin So we’re going to batch 103 and–
Dismang 104.
Griffin 104. Any questions? Anyone–
Dismang And these have emergency clauses.
Griffin –object to rolling the vote? Please roll the vote. Yes, they do have emergency clauses. [Roll call] Anyone wish to change their vote? Seeing none, cast up the ballot. 33 ayes, 0 nays, the two Senate bills pass. The emergency clause is adopted. Transmit the Senate bills to the House.
Dismang All right. Senate Bill 102.
Secretary Senate Bill 102 an act for the Department of Finance Administration disbursing officer appropriation for the 2022-2023 fiscal year.
Dismang Members, this is the million dollars that was for the Pregnancy Resource Center grants. And that’s a direct transfer from the rainy day fund existing balance.
Griffin Any questions? Senator Rapert.
Rapert Yes, and senator, I don’t know if, if you would prefer to answer or if the sponsor of this would answer for me. Obviously, I know what it’s going to do. What I’d like to know is a little bit of background on, on this, and especially in light of the fact I think there’s between 35 and 40 of these. So I just would love some insight on how it’s going to be handled a little bit.
Dismang All right. I’ll turn that over to the sponsor if that’s okay.
Griffin Senator Hickey.
Hickey Yes, Senator, I heard your question. Of course, what had transpired is a lot of members had been interested in seeing if we could help the pregnancy resource centers, so a number of a million dollars was cut– was arrived at. It bounced around out here for a few weeks between some different type numbers, so it come to a, to a million in some conversations with the governor. The way it’s going to be set up is that, that will be coming from the governor’s rainy day fund. He’s not going to make the request because that particular withdrawal is going to be within the bill that, that you all are looking at today. So that will be automatic. What will happen then is the DFA is– they’re going to be the overseer of this. And they’re going to– they’re going to develop rule– they’re going to develop rules that, that they’ll bring before us that we’ll have to approve. The– we had attached an amendment on it in Budget where actually to make 100 percent sure that the funds will actually go from DFA to the pregnancy resource centers. And whenever I say pregnancy resource centers, there was all type of different names for those– some of them called crisis centers, some of them called resource centers. So what we did, of course, is attempt to define those within the language, and they have to have been established as of January 1, I believe, is what’s in the bill, of this year.
Rapert Well, sorry. I got distracted by something there for a moment. My concern on it, did you have any discussion at all with pregnancy resource centers? Because there’s 35 of them. So my thought is, you’ve got a 12 month window that you got to wait on rules to be promulgated. And if they don’t get their grants done by, I think the end of fiscal 23, is that right, senator?
Hickey The money will not be available– the program itself will be during the fiscal year 23. So actually, DFA can begin the rules, be working on that. The program itself will be, again, just in fiscal year 23, so it’ll start July 1. And it will be an application process. You know, I’ve had some people ask me, they said, Well, some of the centers are saying that they don’t want the money. And that’s all fine. It’ll be up to them to actually make application for the grant program.
Rapert Well, and I was there when they made that testimony, and some of them didn’t know anything about this. So I just kind of wondered how’d the thing even come up? Who brought forth the initial proposal?
Hickey Well, I would say it was some members within the Senate. It’ll be up to them, I guess, if they want to come forward. As far as the– as far as the mechanics of it, I was asked to actually work on the language to try to get that structured correctly through DFA with, with that to make sure that all the physical aspects of it are done right so that it’ll be in draw so that– you know, good intentions with all these pregnancy centers, and we understand that. But by the same token, we understand it’s taxpayer money. And we just wanted to make sure that all the money is spent correctly.
Rapert Yeah. Well, I appreciate you answering the questions. You know, I did a little math on it. You’re looking at about $28,000 for each of them if they did make an application for that. I just wondered why we stopped at a million because obviously I’m supportive of the concept, but I just don’t know if that’s nearly enough if they all make application. And then if the rules don’t get promulgated soon enough, here we are with a very short period of time for them to get it. I don’t– and it’s been a while since we had something like this. I don’t even know if we have anything exactly like it. But to just end it in 12 months, I wonder why we didn’t consider some longer term funding.
Hickey Well, I mean, I guess I’D just have to comment that as you know, Senator, it’s that way with everything down here. It’s always that everybody, you know– and these are great, great entities or whatever with what they do. Of course, is $2 million enough? Is $5 million enough? Is $10 million enough? And much like– and I hate to bring it up– it’s kind of like the law enforcement stipend that we just passed out of here. That was one of the hardest things that I had to work on, because in the end, although everybody was worthy and we want to do as much as we can, it wound up being, you know, from a fiscal policy standpoint, we’re just trying to make that balance. And I guess that that’s how I could say that we, we just arrived at that number. At one point it was at $500,000 and some, you know, didn’t think that was enough. So.
Rapert All right, Senator, thank you.
Hickey Thank you, sir.
Griffin Senator, Senator Gilmore, Senator Chesterfield put her hand up, so I’m going to– is that okay? Senator Chesterfield.
Chesterfield Thank you, Mr. Chair. Thank you. Senator Hickey, are these facilities going to be regulated and licensed and there’s credentialing oversight of these?
Hickey Well, if, if that is a requirement within the DFA whenever they bring the rules to be promulgated before us, that would be the case. I can’t tell you that all of the entities that currently could apply, according to the language that’s in the bill right there would actually be accredited. You know, but again, that’s going to be the process that we work out. I actually do believe that we have enough time because we’re here in March. Won’t, it won’t begin until July of this year. So whenever those rules are brought before us, we’ll have that opportunity to actually get, get down in the weeds and the details and see what this body wants to do.
Chesterfield So the licensure will be dealt with at that time as well? Or are they already licensed? How does one get a license to be a–
Hickey You’re asking a question that I cannot answer, unfortunately, and I apologize.
Chesterfield Thank you,
Griffin Senator Gilmore.
Gilmore Senator Hickey, is the intent for these organizations, of which I have several in my district– is the intent for them to continue operating in the manner that they have even if they accept these funds or apply for the funds?
Hickey They will have to– they’ll have– as– again, that will be the intent of the thing. Now they, they may have to, you know, within the guidelines that DFA brings within the regs, we’ll all know exactly how, how that is going to be structured so that they will have to make that request for that, that draw. But to answer your question on a, on a macro standpoint, yes, they’re going to operate exactly the way they have. These funds are just going to be as a, as a supplement to help them with what they’re currently doing.
Gilmore And this is truly something that they don’t have to receive if they don’t want it. They have to apply. So there has to be effort on their part.
Hickey That is 100 percent correct.
Gilmore Thank you.
Griffin Any other questions?
Hickey Thank you.
Griffin Anyone wish to speak against or for? The senator is closed. Any objection to rolling the vote. We do have an objection, I believe. I’m seeing it right over here. So, Madam Secretary, please call the roll, and I believe you have a pair at the desk.
Secretary Pair at the desk. Senator Irvin, yes. Senator Leding, no. Ballinger, yes. Beckham, yes. Bledsoe, yes. Caldwell, yes. Chesterfield, no. Clark, Clark. Davis, yes. Dismang, yes. Elliott. English, yes. Flippo, yes. Flowers, Flowers, present. Fulfer, yes. Garner, Garner. Gilmore, Gilmore. Hammer, yes. Hendren, yes. Hester, yes. Hickey, yes. Hill, yes. Ingram, Ingram. Irving, yes. Blake Johnson, yes. Mark Johnson, yes. Leding, no. Pitsch, yes. Rapert, Rapert. Rice, yes. Sample, yes. Stubblefield, yes. Sturch, yes. Sullivan, yes. Teague, Teague. Tucker, no. Wallace, yes. (24 yes, 3 no)
Secretary Anyone wish to vote or change their vote? Senator Gilmore, aye. Senator Ingram, no. Senator Ingram, no. Anyone else? Garner is aye. Anybody else? Cast up the ballot. 27 yeas, 4 nays, the bill is passed. The emergency clause is adopted. Transmit to the House. Senator Dismang.
Secretary Senate Bill 105 by Senator Hill, an act for the Department of the Military appropriation for the 2022-2023 fiscal year.
Dismang This creates a $5 million appropriation for the department of the military. With that, be happy to take any questions on it. It is not funded at this time.
Griffin Any questions? Anyone wish to speak against the military appropriation?
M Johnon Mr President.
Griffin But, okay. What do you– for what purpose?
M Johnon I need just a point of personal privilege, if I may.
Griffin Okay, can we get through with this?
M Johnson No.
Griffin Oh, it is related to this?
M Johnson It is related to this.
Griffin OK. The senator is recognized to speak.
M Johnson Thank you, Mr. President. Madam Secretary, I have a potential conflict on this legislation, so I would respectfully request that I be recorded as voting present. I think it’s a wonderful bill, but I need to for purposes of the rules to recuse from voting on this particular bill. And please, it’s OK rolling the vote, but please vote me as present. Thank you, Mr. President.
Griffin Thank you for that, senator. Anyone wish to speak against? For? The senator is closed. Any objection to rolling the vote? Please roll the vote and record him as present. [Roll call] Anyone wish to vote or change their vote? Senator– okay, we got you, Senator Johnson. Cast up the ballot. 32 yeas, 0 nays, the bill is passed. Emergency clause is adopted. Transmit to the House. Senator Dismang, HB 1096.
Dismang All right. Be happy to take any questions. This is a $50,000– it appropriates $50,000 for stipend and mileage payments.
Griffin Any questions? Anyone wish to speak against or for? Any objection to rolling– the senator is closed? Any objection to rolling the vote?
Secretary House Bill 1090 Representative Wardlaw and Senator Hickey an act for the Department of Transformation and Shared Services, Employee Benefits Division, Commission Stipend and Mileage Appropriation.
Griffin Please roll the vote. [Roll call] Anyone wish to change your vote? Cast up the ballot. 33 yeas, 0 nays, the bill is passed. The emergency clause is adopted. Return the bill to the House. Senator Dismang.
Secretary Senate Bill 66, An act for an appropriation for the payment of approved claims.
Griffin Senator Dismang.
Dismang All right, thank you. This is just the appropriation for payment of approved claims by the claims commission.
Griffin Any questions? Anyone wish to speak against or for? The senator is closed. Any objection to rolling the vote? Please roll the vote. [Roll call] Anyone wish to change their vote? Cast up the ballot. 33 yeas, 0 nays. The bill is passed. The emergency clause is adopted. Transmit to the House. Senator Dismang.
Dismang All right, so we’re at the last set of the bills for this current calendar. If you’d like to put one of these out, let me know. Senate Bill 7. Senate Bill 13. Senate Bill 15. 17. 24. 33. 38. And we will be pulling out Senate Bill 49 for a separate vote.
Griffin OK.
Dismang That one we’re pulling– 49, we’ll pull out for a separate vote.
Griffin The one at the bottom will be pulled out separate. The first seven will be batched.
Dismang Correct.
Griffin You ready?
Secretary Senate Bill 7, an act for the Department of Labor and Licensing Division of Labor appropriation for the 2022-2023 fiscal year. Senate Bill 13 An act for the Department of Inspector General Appropriation for the 2022-2023 fiscal year. Senate Bill 15, an act for the Arkansas State University Beebe appropriation for the 2022-2023 fiscal year. Senate Bill 17, an act for the University of Arkansas at Monticello appropriation for the 2022-2023 fiscal year. Senate Bill 24, an act for the Administrative Office of the Courts appropriation for the 2022-2023 fiscal year. Senate Bill 33, an act for the Department of Parks, Heritage and Tourism State Parks and Tourism Division’s appropriation for the 2022-2023 fiscal year. Senate Bill 38, an act for the Department of Agriculture appropriation for the 2022-2023 fiscal year.
Griffin Any questions? Senator’s closed. Any objection to rolling the vote on the batch? Please roll the vote on the batch. [Roll Call] Anyone wish to change their vote? Seeing none, cast up the ballot. 33 yeas, 0 nays. The batch of bills passed. Transmit to the House. SB 49, the last one on the page.
Secretary Senate Bill 49 by Joint Budget, an act for the Department of Commerce, Division of Workforce Services appropriation for the 2022-2023 fiscal year.
Griffin Senator Dismang.
Dismang I’m only aware of one member that wanted to vote against this and I don’t see him in the back. But there’s a member that did not want to vote– or wanted to vote against this today. So I would propose that we go ahead and roll the vote, and Senator Garner has indicated he’d like to be a no. Is there anyone else– does anyone have an objection to rolling the vote on this one and marking Senator Garner as a no?
Griffin Marking Senator Garner as no. Please roll the vote. [Roll call] Anyone wish to change their vote? Cast up the ballot. 32 yeas, 1 nay, the bill is passed. Transmit to the House.
Dismang Members, we do have a supplemental calendar from the work we did this morning. And so I’d like to move that we suspend the rules to be able to take up that supplemental calendar.
Griffin Any questions? All those in favor say aye. Opposed. The ayes have it. The ayes have it. The motion is adopted.
Dismang You won.
Griffin Any items at the desk? [to Secretary] I’m sorry. You know, she says we do, but there’s no rule, there’s no rule. You can batch those amendments. I talked to Steve. So here’s– you want to go– you want do these right now? Committee reports. I don’t have a list of the amendments yet. I don’t have my list of amendments. No one’s given it. Thank you.
Secretary We were your Committee on Joint Budget to whom was referred Senate bill 34 by Joint Budget recommend do pass as amended Number 1.
Griffin Calendar.
Secretary Amendment 1 to Senate bill 34.
Griffin Calendar.
Secretary Senator Dismang. Move for adoption of Amendment 1.
Dismang I move, I move we adopt Amendment 1 to Senate Bill 12.
Secretary 34.
Dismang 34? What? Senate Bill 34.
Griffin We’re going to go start down at 34? Okay. Any questions? All those– is that a question– all those in favor say aye. Opposed. Ayes have it. Amendments’ adopted. Send to engrossing. It’s an amendment to SB 34.
Secretary We your Committee on Joint Budget to whom was referred Senate Bill 50 byJoint Budget recommend do pass as amended Number 1.
Dismang I move we adopt Amendment 1 to Senate Bill 50.
Griffin Questions? All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted. Send to Engrossing.
Secretary We your committee on Joint Budget to whom was referred Senate Bill 51 by Joint Budget recommend do pass as amended Number 1. Amendment 1 to Senate Bill 51.
Dismang I move that we adopt Amendment 1 to Senate bill 51.
Griffin Questions? All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted. Send to Engrossing.
Secretary We your Committee on Joint Budget to whom was referred Senate Bill 53 by Joint Budget recommend do pass as amended Number 1. Amendment 1 to Senate bill 53.
Dismang I move we adopt Amendment 1 to Senate bill 53.
Griffin Questions? All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted. Send to Engrossing.
Secretary We your committee on Joint Budget to whom was referred Senate Bill 54 by Joint Budget recommend do pass as amended number 1. Amendment 1 by Joint Budget.
Dismang I move we adopt Amendment 1 to Senate bill 54.
Griffin Questions? All those in favor say aye. Opposed. The ayes have it. Amendment’s adopted. Send to Engrossing.
Secretary Committee on Joint Budget to whom was referred first Senate Bill 57 by Joint Budget recommend do pass as amended number 1. Amendment 1 to Senate Bill 57.
Dismang I move we adopt Amendment 1 to Senate Bill 57.
Griffin All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted. Send to Engrossing.
Secretary We your committee on Joint Budget to whom was referred Senate Bill 58 by Joint Budget recommend do pass as amended number 2. Amendment 2 to Senate Bill 58.
Griffin I’ve got Amendment 1 and 2.
Dismang I do, too.
Secretary It’s 2 on the slip.
Dismang All right. Members, I move that we adopt Amendment 2 to Senate bill 58.
Griffin All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted. Send to Engrossing.
Secretary We your Committee on Joint Budget to whom was referred Senate Bill 63 by Joint Budget recommend do pass as amended number 1. Amendment 1 to .Senate bill 63.
Dismang I move we adopt Amendment 1 to Senate bill 63.
Griffin All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted. Send to Engrossing.
[Chatter while they prepare bills]
Secretary Amendment 1 to Senate Bill 12.
Dismang I move we adopt Amendment 1 to Senate bill 12.
Griffin Questions? All in favor say aye. Opposed. The ayes have it. Amendment’s adopted. Send to Engrossing.
Secretary Amendment 1 to Senate Bill 23.
Dismang I move we adopt Amendment 1 to Senate Bill 23.
Griffin All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted. Send to Engrossing.
Secretary Amendment 1 to Senate Bill 40.
Dismang I move we adopt Amendment 1 to Senate Bill 40.
Griffin All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted. Send to Engrossing.
Secretary Amendment 2 to Senate Bill 45.
Dismang I move we adopt Amendment 2 to Senate Bill 45.
Griffin All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted. Send to Engrossing.
Secretary Amendment 1 to Senate bill 64.
Dismang All right. On Amendment 1, Senate Bill 64, we do have a member that wants to object to that. And I’m assuming– it’s– the amendment is debatable at this point.
Griffin This motion is on where it goes, not on whether it should be adopted.
M Johnson Well, that’s debatable, Mr. President. I can speak against the amendment, Mr. President.
Griffin OK, well, OK. Then we’ll just go through the normal process. So you’ve made the motion on it. OK, the Senator wishes to be recognized against the motion, the motion for the adoption. The senator’s recognized. You’re opposing the amendment.
M Johnson Thank you, Mr President. Colleagues, without trying to confuse you any more than some of us already are, me especially. The amendment is the one that changes– it actually postpones the statutory language about when the school start dates are. Now, this has been hashed out over many sessions those who’ve been around. They were even talking about this during the Clinton administration. I remember it well. The issue here is– to me, is not what date school starts, because reasonable people can disagree on that, and I’m OK with that. But here we are in fiscal session, we’ve already had many discussions about substantive legislation being brought up that should not be brought up without the suspension of the rules in a fiscal session. And here we are about to make significant change to legislation that was brought up in committee, debated back and forth, both sides made their points. And we, this body, voted to set these particular parameters on the school start date. Now I’m asking you to vote no on the amendment, not because it’s bad or because it’s good, because it is not– it is substantive legislation that should be out of order for the fiscal session. So I would ask that if you could defeat this amendment, then we can go back to doing things like the Constitution spells out keeping this on fiscal matters as we should, except for those exceptions that we through two thirds vote have agreed to do. And I’ll answer your questions if anybody has one.
Griffin Senator Sturch is recognized for a question.
Sturch Thank you, Mr. President. Senator Johnson, I’m looking at the– I guess you’re talking about section 35 special language, correct?
M Johnson If that’s the one about the school start date– I didn’t memorize the site, senator, but I trust you on this one.
Sturch Well, I’m looking at it, and it looks like we put, according to this one that’s on the website, we’ve put two calendar years next to each other. So it says beginning with the 2022-2023, and then it goes right to 23-24 school year– the first day of the school year for student who attends public elementary and secondary school schools shall not be earlier than Monday two weeks before Labor Day. So is there flexibility? Is there a typo? What’s, what’s the deal with having two school years back to back, no change, no transition?
M Johnson I’m not sure I can completely answer that. Maybe Senator Dismang can, Senator Sturch. Senator Dismang, would you–
Griffin Senator Dismang is recognized.
M Johnson I would yield to Senator Dismang.
Dismang I was thinking all I did, and I’m trying to find it, and I don’t have that– didn’t it just push out the date of the effective date? Wasn’t that the– yeah, it pushed it out to the following school year. So it was a delay of a year, if I remember correctly, but I’m trying to–
Sturch So should we strike out one? Or–.
Griffin [gavel] Senator Sturch.
Sturch So my question would be, Senator Dismang, should one have been striked out?
Dismang Yeah, that’s what I’m trying to find it in my packet. I’m sorry. There’s 63. Yeah, I’m going to guess that’s a typo of some kind by looking at it. I mean, I believe that first portion should be struck, the 2022 to 2023. Yeah. So I think it came over wrong. That’s probably part of the problem with them trying to engross all this and get it to us– not engrossed, but to get the amendments all compiled together is what I’m going to assume happened there. We can– I don’t think we have to do that.
Gilmore Sturch has always been a troublemaker.
M Johnson I didn’t yield the floor. I was answering a question.
Griffin So you just yielded to him to answer a question?
M Johnson For him to answer, but I did not yield the floor.
Griffin No, no, no.
Dismang So what we have right here isn’t what was actually– I don’t know where the issue is. We’re going to call over BLR and see what happened because the amendment that we passed in BLR had 2022 and 2023 struck in the, in the amendment. So I’m not sure where the– we need to figure out where that came from. So we’re going to pass over Senate bill– or the amendment to Senate Bill 64 for right now and then touch base with BLR and see what we need to do to move forward with that. So that brings us to Senate Bill 67.
Griffin Okay, one second. So, senator, you yielded to Senator Dismang for the question. Are you satisfied for now?
M Johnson One comment.
Griffin OK. Senator’s recognized.
M Johnson Mr. President. Thank you for the question, Senator Sturch. Obviously, we need to get this clarified before we do anything. But regardless it– my understanding in committee was that the amendment just was basically a 20– a 12 month postponement for the implementation of the statutory language, which my point still stands. It is substantive legislative change. I would be happy to– I trust Senator Dismang to to work out cleaning this up at the typo, and we can revisit this afterwards. So I would be OK with that if–
Griffin Thank you. We’re going to move on to SB–
M Johnson –if the body– I’ll give you the floor now, Mr., Mr.–
Griffin OK. Yeah, we’re going to– we’re going to move on to the next bill. Thank you, senator. SB 67. Senator Dismang.
Dismang All right. I move we adopt Amendment 1 to Senate Bill 67.
Griffin Any questions? All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted.
Dismang And I’m going to withdraw that motion on Senate bill– to adopt the amendment on Senate Bill 1– I mean, I’m sorry– Amendment 1 to Senate Bill 64 until we get that back.
Griffin Send SB 67 amended to Engrossing. On SB 64, he’s going to withdraw the amendment. Without objection.
Secretary Amendment 1 to Senate bill 67.
Dismang And I got ahead of her. So again, I’m going to move adoption of amendment– or Amendment 1 to Senate Bill 67.
Griffin All those in favor say aye. Opposed. Ayes have it. Amendment’s adopted. Send to Engrossing. Now we’re at the Senate Bills. [chatter while preparing bills] Let’s do the bills. I’ve got to catch a Army– I got, I got to leave unless someone else wants to get in the chair.
Dismang We’re going to batch all of them?
Griffin Yep. Batch the bills. SB 17 is stricken in mine, so 16 and 18, and then all on the next page.
Dismang Alright, I’m going to read these off really quickly, members, just by bill number. If there’s one you’d like to pull out, let me know. We’ll pull that out, and then if there’s none to be pulled out, then we’ll–
Chesterfield Just a quick– don’t want anything pulled out. Just want to know why the appropriation at the University of Arkansas at Monticello was pulled. Was it because it was adopted yesterday or why was it pulled? It’s already been done?
Dismang We’ve already done it today.
Chesterfield Voting on it the other day? OK, thank you.
Dismang All right. Senate Bill 16, 18, 20, 26, 35, 43, 46, 47, 48, 59, 60, 61 or 62. If you’d like to pull one out for separate consideration, let me know.
Griffin Anyone wish to pull any of those bills out of the batch? Any questions? The senator has closed. Any objection to rolling the vote? She’s got to read them, and once she’s done, we’re going to roll the vote.
Secretary Senate Bill 16, an act for the University of Arkansas Pine Bluff appropriation for the 2022-2023 fiscal year. Senate Bill 18 an act for the University of Arkansas for Medical Sciences appropriation for the 2022-2023 fiscal year. Senate Bill 20 an act for the Department of Education, Division of Public School Academic Facilities and Transportation appropriation for the 2022-2023 fiscal year. Senate Bill 26, an act for the Auditor of State Deputy Prosecuting Attorney appropriation for the 2022-2023 fiscal year. Senate Bill 35 an act for the Arkansas State University Newport appropriation for the 2022-2023 fiscal year. Senate Bill 43 an act for the Department of Parks, Heritage and Tourism Capitol Zoning District Commission appropriation for the 2022-2023 fiscal year. Senate Bill 46 an act for the University of Arkansas Community College at Batesville appropriation for the 2022-2023 fiscal year. Senate Bill 47 an act for the University of Arkansas Community College at Morrilton appropriation for the 2022-2023 fiscal year. Senate Bill 48 an act for the Arkansas State University Three Rivers appropriation for the 2022-2023 fiscal year. Senate Bill 59 an act for the University of Arkansas Fayetteville appropriation for the 2022-2023 fiscal year. Senate Bill 60 an act for the Arkansas University of Arkansas system and various divisions appropriation for the 2022-2023 fiscal year. Senate Bill 61 an act for the University of Arkansas Division of Agriculture appropriation for the 2022-2023 fiscal year. Senate Bill 62 an act for the Arkansas State University appropriation for the fiscal year 2022-2023.
Griffin Excuse me. The Senator is closed. Madam secretary, please roll the vote on the batch. [Roll call] Anyone wish to change their vote? Cast up the ballot. 33 yeas, 0 nays, the batch of Senate bills passed. Transmit to the House. Senator Dismang.
Dismang Members, we’re going to recess until they send over the, you know, and fix the clerical error on Amendment 1 to Senate Bill 64. So if you can just hold tight and then we’ll come back in here in a little bit and take up that amendment.
Griffin The Senate’s recessed subject to the call of the chair.
[Recess]
Sturch The Senate will come to order. The Senate will come to order. Madam Secretary, are the items at the desk?
Secretary Yes, sir. Senate Resolution 36 by Senator Ballinger to strongly urge the president of the United States to support policies and measures to ensure the United States long term energy affordability, security, leadership and progress. Senate Resolution 36.
Sturch Calendar. Energy– excuse me.
Secretary We your committee on Engrossed Bills to whom was referred Senate Bill 23 by Joint Budget compared the engrossed copy with the original and find the same correctly engrossed.
Sturch Calendar.
Secretary Committee on Engrossed Bills to whom was referred Senate bill 12 by Joint Budget Committee compared the engrossed copy with the original and find the same correctly engrossed.
Sturch Calendar.
Secretary Committee on Engrossed Bills– committee on Engrossed Bills to whom was referred Senate Bill 40 by Joint Budget compared the engrossed copy to the original and find the same correctly engrossed.
Sturch Calendar. All right, senators, to finish up the supplemental Budget calendar, we have Senate Bill 64.
Secretary Amendment 1 to Senate Bill 64.
Sturch Senator Dismang, you’re recognized.
Dismang Thank you. Member, I just want to real quickly kind of go through what this amendment does. It’s actually a number of different items that are in one amendment. That’s Governor’s Letter 12, 13, an amendment by Representative Dotson, an amendment by Representative Wardlaw, and an amendment by Representative Irvin and Cozart. Governor’s Letter 12 removes two positions from the Arkansas Public School Computer Network appropriation salary section. With the corresponding appropriation, these positions are transferred to the ADE Shared Services Appropriation. Governor’s Letter 13 requests to combine all the items the employee benefits division funding into the public school employee insurance line and increase the line to 142 million, 59,000 to the assessment end of level testing line due to increased student eligibility for work related certifications, 35 million is added to teacher salary equalization for anticipated need due to end of the educator compensation reform program, 6 million increase to Arkansas Public School Computer Network operating expenses due to an increase in rates from DTSS. It also deletes Section 24 special language. This is related to the combination of funding lines into one for the EBD program. The member amendments, Dotson’s amendment would add a new special language section 33 that requires the Department of Education to review and approve Governor’s School curriculum prior to the program year and requires ADE to monitor the program throughout the year. Irvin and Cozarts’s amendment adds a new special language section 34 that will hold school districts harmless in their calculations for students accurate and schools statewide were not required to be reported or collected ESA numbers during the pandemic. And then Wardlaw, which I think is the one in question, is Section 35, adds a code section that modifies the beginning of the upcoming school year to allow the fall semester or the school year to end prior to the winter break. With that, be happy to take any questions.
Sturch Any questions for Senator Dismang? Senator Beckham, you’re recognized for a question.
Beckham A vote against this undoes all of it, correct?
Dismang That would be correct.
Beckham And some of these amendments are impacting legislation that the Education Committee debated and passed last session without involvement of the Education Committee.
Dismang Well–
Beckham Changes it.
Dismang I mean–
Beckham Changes it. Changes the legislation.
Dismang Yeah, it depends. I guess if you are on Education and also a member of Joint Budget, then you would have been able to participate in that debate if that’s what you’d like to do. If we’re asking about the question of policy, you know, or this utilization of special language, I’ll just note on the same principles then we probably should have voted against a number of items that came through earlier in regard to special language. And also there’s two additional special language items in this particular bill. And so I’m not sure how we wait when we want to take up something that’s got a substantive change versus not. But again, there are two other items related to special language. The first, again, is something I think that may, maybe you’ll support would be the review and approve the Governor’s School curriculum prior to the program year. And again, another one would be the fact that we’re not going to hold districts– we’re going to hold districts harmless in their calculations, for student ESA numbers during the school year. So again, there’s– we’ve passed a number of items through special language. I understand– I always think it’s funny when we talk about special language. Usually the executive branch hates us the most, and here we have governors letters that typically change items through special language. It’s nothing that I think we should abuse. I don’t believe that we are abusing it and I understand the concerns, and I’ll let him speak to his concerns further.
Sturch Any further questions for Senator Dismang? Seeing no further questions, anyone want to speak for or against the amendment? Senator Johnson to speak against the amendment.
M Johnson Thank you, Mr. President. And thank you for catching the Scribner’s error, because that could have been a bigger mistake than it ended up being. I think I pretty well explained it a while ago. This is something the education committee in both bodies has dealt with. We made a decision and out of– in a inappropriate manner, I believe the change was made. I’ve talked to Mr. Cook about it, and he has informed me that this is the kind of thing that could potentially lead to litigation. And again, remember, this is the entire public school fund we’re talking about. So I would urge defeat of the special language amendment. The other amendments, other things in this amendment, I think, are perfectly fine and good. But I would ask that we stick to our business and not try to legislate in the appropriation bill. So I would urge you to vote no on the amendment.
Sturch Senator Johnson has spoken against the amendment. Is there anyone who wishes to speak for the amendment? Any others against? Seeing none, Senator Dismang, would you like to close?
Dismang No. And with that, I appreciate a good vote. I appreciate and understand the concerns. And again, it’s not something abnormal that we’re utilizing, you know, special language to take up, you know, substantive legislation or issues. It’s actually fairly common in what we do in these type of meetings. But I do appreciate the concerns and would also appreciate a good vote on the amendment.
Sturch Senator Dismang is closed for the amendment. All in favor of the amendment,say aye. Any opposed. The ayes have it. The amendment is adopted. Send to Engrossing. Senator Dismang, you’re recognized.
Dismang I’m not sure. I can try to– so we’re going to come in– no, it’s not. I mean, we’re done with business as far as I know today, correct? OK. Members, so Joint Budget’s going to go in at 9 o’clock tomorrow and we’re going to go into session at 11:30. And you may want to come give some more detail about that.
Sturch Senator Hickey, you’re recognized for an announcement.
Hickey Members, we thought we might come in a little early, but we want to stick with the regular schedule that I mentioned to you all the other day needs to be 11:30. Trying to work out just so you’ll know for Monday– I’ll know some more tomorrow. But as of this moment, we think it’ll be 12 for Monday. But again tomorrow, it’s 11:30 in here. Joint Budget is at 9.
Sturch 11:30 tomorrow.
Hickey Yes. For session.
Sturch Any further announcements? Any further announcements? Seeing nothing further, the Senate stands adjourned subject to the clearing of the desk.