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Senate floor
March 7, 2022
Sturch The Senate will be called to order. The Senate will be called to order. Madam Secretary, please call the roll.
Secretary [Roll call]
Sturch Any requests for leave today? Any requests for leave? Seeing none, I’m going to ask Senator Wallace if he would recognize our guests.
Wallace Members, today we have the ROTC Corps from River Crest High School near Osceola. And they’re going to present the colors. They’re too short to pull down the colors there, so we’re going to modify it, and they’re going to bring their own colors in. And with that, I’d like to present the River Crest ROTC Color Guard.
Sturch Senator Wallace, would you us in prayer, please?
Wallace Oh, Lord, thank you for this day. Thank you for these young cadets who represent our country. Lord, thank you for our great country. Please watch over our men and women in the service and help us make good decisions today, Lord. In Jesus name, amen.
[Pledge of Allegiance]
Sturch The morning hour will now begin. Ladies and gentlemen in the galleries, welcome to the Arkansas Senate. Please be aware of all the policies that are posted in the galleries and govern yourselves accordingly. Are there any announcements or introductions to be made at this time? Any announcements or introductions to be made at this time? OK. Seeing none, Madam Secretary, are there items at the desk?
Secretary Yes, sir. We your Committee on Joint Budget to whom was referred Senate Bill 101 by Joint Budget recommend do pass as amended Number 1.
Sturch Calendar.
Secretary Senate Resolution 37–36 by Senator Dismang. No, I’m sorry. Senate Memorial Resolution 2 by Senator Dismang in respectful memory of Johnathan Mitchell “Mitch” Petrus. Senate Memorial Resolution 2.
Sturch Calendar.
Secretary Senate Memorial Resolution 37 by Senator Elliott to congratulate the Joe T. Robinson High School football team on winning the 2021 class 4A state championship. Senate Resolution 37.
Sturch Calendar.
Secretary I’m sorry, I got those mixed up. 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.
Sturch It’s already on the calendar, so Senator Ingram, you’re recognized to present Senate Memorial Resolution number 1.
Ingram You know, it’s not lost on me that the color guard was all female. And at the West Memphis Chamber banquet week before last, the entire leadership class of 12 is all made up of women. So I guess there’s– men, there’s hope for us. This Senate Memorial Resolution. Whereas Jason Connor Lang was born on August 12, 2001 in Iowa City, Iowa, passed away on February 26, 2022, after suffering an injury while providing assistance during a traffic accident on the side of the interstate. And whereas Jason Connor Lang, an Eagle Scout, graduated from Liberty High School in North Liberty, Iowa, in 2020 and attended Kirkwood Community College, Cedar Rapids, Iowa. And whereas Jason Connor Lang was a volunteer firefighter with the Coralville Volunteer Fire Department in Coralville, Iowa, before being hired by the West Memphis Fire Department in December of 2021. And whereas in addition to being a firefighter for the West Memphis Fire Department, Jason Connor Lang was an emergency medical technician. He was in emergency medical clinical training at the Arkansas Fire Training Academy. And whereas on the morning of February 26, 2022, Jason Connor Lang was on his way to Pine Bluff to attend an emergency medical technician clinical training class when he came upon an accident on the side of the interstate. And whereas Jason Connor Lang stopped to assist with the traffic accident and was tragically hit and killed by a passing vehicle. And whereas Fire Chief Barry Ely of the West Memphis Fire Department said firefighter Jason Lang immediately and without hesitation bravely made the ultimate sacrifice and he will always be remembered for his legacy and bravery for serving others. And whereas Jason Connor Lang is survived by his parents, Joe and Cheryl Lang, brother Nathaniel Lang, stepbrother Nicholas Lang, grandfather Joe Lang, aunts and uncles Debra Stuart, Gary and Patti Roos, and Mac and Gwen McClinton, great uncle and Aunt Ted and Connie Lang, girlfriend Caitlin Bergen, and a host of other relatives and friends. Now, therefore, be it resolved by the Senate of the 93rd General Assembly of the State of Arkansas, that the Senate mourn the passing of Jason Connor Lang and recognize the impact he had on Arkansas. Be it further resolved that the individual members of the Senate hereby express sincere condolences to the family of Jason Connor Lang and upon adoption of this Resolution, an appropriate copy shall be provided to the family by the Secretary of State. I think, you know, this young man, it’ll show you just how precious life is. The city of Memphis recruits EMTs, especially from the Midwest. His girlfriend was recruited to Memphis, Tennessee, to be an EMT. He was a volunteer firefighter. He followed her to Memphis, and the captain with the Memphis Fire Department that works with EMTs had been on the West Memphis Fire Department. And so he recommended that he could help him get a job with the West Memphis Fire Department. He did in December. He was universally liked in his short period with the fire department. I think about, you know, the impact that Eagle Scouts have all made in our country over the years. And I think about this young man and his life and so tragically lost so young. I would appreciate a good vote.
Sturch Members, you’ve heard the motion to adopt Senate Memorial Resolution 1. All in favor say aye. Any opposed like sign. The motion is– Resolution is adopted. Senator Beckham, you’re recognized for a quick introduction.
Beckham Thank you, governor. Want to take a moment to recognize we have a group of people with us from Magnolia’s Leadership Magnolia class. They’re in the West Gallery here. If y’all would, stand up. Thank you.
Sturch Senator Dismang, you’re recognized.
Dismang Thank you. Members, I’d like to make a motion to suspend the rules to consider Senate Memorial Resolution 2.
Sturch Members, you’ve heard the motion to suspend the rules to consider Senate Memorial Resolution 2. All in favor of this motion say aye. Any opposed like sign. Motion is carried.
Secretary Senate Memorial Resolution 2 by Senator Dismang in respectful memory of Johnathan Mitchell “Mitch” Petrus.
Dismang I’d also like to request leave for Bill and Sue Petrus and his sister Kimberly.
Sturch Leave is granted. Senator Dismang.
Dismang And you all can come on up. And I want to say I think I speak for the entirety of the Senate when I say that we are proud to join in celebration of “Mitch”. “Mitch” or Chief Petrus, as he dubbed himself, joined our Senate family in January of 2018. Chief Petrus quickly picked up on the issues from– and from the governor to a part time maintenance boy, he connected with everyone. This was easier just a few minutes ago. Everyone that he met at the Capitol. “Mitch” served the people of Arkansas well during the 91st General Assembly fiscal session and again during its second extraordinary special session. Without a doubt, “Mitch” was bigger than life. He burned brighter and hotter than anyone I’ve ever known. But for me, what I remember most was the unique way that he saw life. He saw the good in everyone, not– no matter what their background or their status was. He saw the opportunity in every challenge, no matter how daunting the odds, and he saw the reward at the end of each task, never the potential for failure. He was transparent, honest and true. You could feel that everyone, every moment and everything had value to Mitch. It’s what I believe that made us all gravitate towards him. At his center, Mitch Petrus was pure in heart. Whereas Johnathan Mitchell “Mitch” Petrus, former New York Giants offensive lineman from Carlisle, Arkansas, died suddenly on July 18, 2019, at 32 years of age. And whereas Mitch Petrus played tight end for the Carlisle High School football team before becoming a walk on fullback and then an offensive guard for the Arkansas Razorback football team during his college years. And whereas Mr. Petrus earned two Southeast Conference honors during his time at the University of Arkansas Fayetteville and was remembered by the Arkansas Razorback team with these words, “We are deeply saddened by the passing of Mitch Petris. He was an outstanding competitor, incredible team mate and a true Hog. He will be greatly missed by many. Rest easy, Mitch.” And whereas after graduating from the University of Arkansas at Fayetteville, Mitch Petrus played for the National Football League with the New York Giants, the New England Patriots and the Tennessee Titans, and was part of the New York Giants squad that won the Super Bowl in 2012. And whereas after retiring from the National Football League in 2013, Mr. Petrus returned to Arkansas where he often appeared on local television and football analyst in the studio and as the sideline reporter during televised high school football games. And whereas Mr. Petrus also enjoyed a political career, serving as the chief of staff for former President Pro Tem Senator Jonathan Dismang in 2017. And whereas Mr. Petrus will be remembered among teammates and friends for his enthusiasm, upbeat attitude and strength, both on and off the field. Now, therefore, be resolved by the Senate of the 93rd General Assembly of the state of Arkansas that the Senate remember and commend Johnathan Mitchell “Mitch” Petrus for his contributions to the state of Arkansas. Be it further resolved that the individual members of the Senate express sincere condolences to the family of Jonathan Mitchell “Mitch” Petrus, and that upon adoption of this Resolution an appropriate copy shall be provided to the family of Jonathan Mitchell “Mitch” Petrus by the Secretary of the Senate. I’d appreciate a good vote.
Sturch Members, you’ve heard the Resolution all in favor of the Resolution say aye. Any opposed. Resolution is adopted. Thank you.
Dismang And if we get to just recess for just a couple of minutes.
Sturch The Senate stands in recess.
[Recess]
Sturch The Senate will come back to order. The Senate will come to order. Senator Gilmore, I’ll recognize you for a quick introduction.
Gilmore Members, please join me in welcoming the agriculture policy class from UAM, if they’ll stand. And their professor, Mrs. Davis, is up there as well. And Representative Wardlaw, I don’t want to– don’t forget him. I had the pleasure of actually going to speak to this group of students in their class, and I will say this, the future of agriculture in Arkansas looks bright. Some bright students, very smart students and they have a great professor. So thanks again for being here, guys.
Sturch Senator Elliott, I recognize you for a motion.
Elliott Mr. Chairman, I move to suspend the rules to present this Resolution on behalf of the Robinson High School football team.
Sturch Senators, you’ve heard the motion to suspend the rules to allow Senate Resolution 37 to be heard today. All in favor of that motion please say aye. Any opposed. Seeing none, motion is carried.
Secretary Senate Resolution 37 by Senator Elliott to congratulate the Joe T. Robinson High School football team on winning the 2021 Class 4A State Championship.
Sturch Senator Elliott, you’re recognized to present the Resolution.
Elliott Thank you. How many of you know what the mascot is for Robinson High School? It’s the Senators. That’s the official mascot. Most of us don’t get to have a title that matches the mascot of the school that they’re presenting. So I feel very honored. By the way, Joe T. Robinson High School, they are not going to have a chance to be down here on this end for you to congratulate them because they’re on the House end right now and we just don’t have that much time. But I do want to present the Resolution so that when I– are they up there now? Oh, hey, y’all. Well, y’all need to come down here. Can somebody– they need to– you need to go out, come, come down and around. That was quick. But you better be quick because I’m not going to– I’m going to read this quickly. OK, members. Whereas the 2021 Joe T. Robinson High School Senators football team claimed the Class 4A State Championship trophy after defeating the Shiloh Christian High School Saints with a 42-14 victory at War Memorial Stadium in Little Rock, Arkansas. And whereas the 2021 Joe T. Robinson High School Senators football team’s victory gave the school its second Class 4A State Championship in the last three years. And whereas Darrell Searcy of the 2021 Joe T. Robinson High School senior football team was named the most valuable player of the state championship game. And whereas the 2021 Joe T. Robinson High School Senators were well led by head coach Todd Eskola– and by the way, Todd and I taught together at Robinson High School. One of us is really old, the other one is getting there. Whereas the 2021 Joe T. Robinson High School Senators were also supported by additional coaching staff and other members of the Joe T. Robinson High School and their community. Now, therefore, be it resolved by the Senate of the 93rd General Assembly of the State of Arkansas that the Senate congratulate the Joe T. Robinson High School Senators football team on winning the 2021 class 4A state championship. Be it further resolved that upon its adoption, a copy of this Resolution be presented to the Joe T. Robinson High School Football Team coach Todd Eskola by the Secretary of the Senate. So may– Mr. Chair, that is the Resolution and members, would you please congratulate Robinson High School Senators and we will go from there. They’re on the way. Yeah, but wait till they get here. Yeah, so y’all can applaud two times, is that what you’re saying? You can do it twice.
Sturch You’ve heard Senate Resolution 37. All in favor of adopting Senate Resolution 37, say aye. Any opposed. The Resolution is adopted.
Elliott Thank you very much. May they come onto the floor. May they come on in?
Sturch Sen. Elliott requests leave for the Joe T. Robinson team.
Eskola Well, first, thank you very much for, for this recognition and this Resolution. On behalf of West Little Rock’s Robinson High School, we greatly appreciate it. We’ve got a fabulous group of young men and women within our program and, and wonderful support from parents. So it was a great season and we greatly appreciate this opportunity.
Sturch Senators, are there any further introductions at this time? Any further introductions or announcements at this time? Seeing none, if you would give me a point of personal privilege to have one of my own. I have the Batesville Swim team here up in the West Gallery. They are the state 5 champions this year and they were third place last year. If you would, please welcome the Batesville swim team. Thank you all for coming. Senator Dismang, I believe we have several calendars today. Senator Dismang, you’re recognized to present the first budget calendar.
Dismang All right. Thank you, members. You’ve got white sheets, two pages. That’s going to be your budget calendar that we’re going to start off with. Then we’re going to batch things. Should be four of them. There’s the first two bills, second two bills, and then the third set of two. And then we’ll move on and that’ll be your bigger batch. With that, I’m going to read off the numbers. If there’s no one that wants to pull any out, she’ll read them and then we’ll take votes. So with that, Senate Bill 107. If you’d like to pull the bill out or have any questions, Senate 107 or Senate Bill 110. All right, seeing none. Sir?
Garner 107. Just pull it for a quick vote.
Dismang All right. So we’re going to pull 107 for a separate vote, which means we’re just going to go ahead and run both of these then. So Senate Bill 107.
Secretary Senate Bill 107 by Joint Budget an act for the auditor of state, extra help for the deputy prosecuting attorneys appropriation for the 2021-2022 fiscal year.
Dismang All right. Members, do we have any questions? All right. Seeing none, appreciate a good vote.
Sturch Senators, you’ve heard explanation on Senate Bill 107. Is there anyone to speak for or against the bill? Seeing none, the senator is closed for his bill. All in– is there any objection to rolling the vote on this bill? Seeing no objection, Madam secretary, please roll the vote on Senate Bill 107. [Roll call] Are there any senators who wish to vote or change their vote on this bill? Any senators who wish to vote or change their vote on this bill? Seeing none, Madam Secretary, please cast up the ballot. With a vote of 34 yeas, 0 nays and, 1 present, the bill and its emergency clause have passed. Please transmit to the House. Senate Bill 110.
Secretary Senate Bill 110 by Joint Budget an Act for the Arkansas Public Defender Commission extra help appropriation for the 2021-2022 fiscal year.
Sturch Senator Dismang.
Dismang Any questions? Thank you.
Sturch Senators, you’ve heard Senate Bill 110 presented. Is there any objection to rolling the vote on this bill? Seeing no objection, madam Secretary, please roll the vote. [Roll call] Are there any senators who wish to vote or change their vote on this bill? Any senators who wish to vote or change their vote on this bill? Seeing none, Madam Secretary, please cast up the ballot. With a vote of 35 yeas, 0 nays, the bill and its emergency clause have passed. Please transmit to the House. Now take up Senate Bill, the batch two, 108 and 109.
Dismang There won’t be a batch, I’m assuming. So, we’ll do these same things. Senate Bill 108.
Sturch Senate Bill 108.
Secretary Senate Bill 109 by Joint Budget an act for the auditor of state extra help for the deputy prosecuting attorneys appropriation for the 2022-2023 fiscal year.
Dismang Happy to take any questions.
Sturch Any questions for Senator Dismang? Seeing none, is there anyone who wishes to speak for or against the bill? Seeing none, is there any objection to rolling the vote on this bill? Seeing no objection, Madam Secretary, please roll the vote on Senate Bill 108. [Roll call] Are there any senators who wish to change their vote on this bill? Any senators who wish to change their vote? Senator Garner wishes to be present. Any other senators who wish to change their vote on this bill? Seeing none, madam secretary, please cast up the ballot. With a vote of 34 yeas, 0 nays, and 1 present, the bill has passed. Please transmit to the House. We will now take up Senate Bill 109.
Secretary Senate Bill 109 by Joint Budget an act for the Arkansas Public Defender Commission extra help appropriation for the 2022-2023 fiscal year.
Sturch Senator Dismang.
Dismang Happy to take any questions.
Sturch Seeing no questions, any senator who wishes to speak for or against the bill? Seeing none, any senator who objects to rolling the vote on this bill? Seeing none, madam secretary, please roll the vote. [Roll call] Any senator who wishes to change their vote on this bill? Any senator wishes to change their vote? Seeing none, madam secretary, please cast up the ballot. A vote of 35 ayes, 0 nays, the bill is passed. Please transmit to the House.
Dismang All right, members, we have two bills in the next batch. House Bill 1028 or House bill 1070. Would anyone like to vote those separately? All right, seeing none–
Sturch Seeing none, we’ll now present the bills and vote in a batch.
Secretary House Bill 1028 by Joint Budget an act for the Department of Finance Administration Regulatory Division appropriation for the 2022-2023 fiscal year. House Bill 1070 by Joint Budget an act for the Department of Finance Administration disbursing officer appropriation for the 2022-2023 fiscal year.
Sturch Senators, you’ve heard the bills presented. Is there any objection to rolling the vote on these bills? Seeing no objection, Madam Secretary, please roll the vote on batch 1028 and 1070. [Roll call] Are there any senators wishing to change their vote on these bills? Any senator who wishes to change his or her vote? Seeing none, Madam Secretary, please cast up the ballot. A vote of 35 yeas, 0 nays. The bills and their emergency clause have passed. Please return to the House.
Dismang All right, members. So this is the last batch for the regular calendar. I’m going to read these off by number. If you’d like to pull one out, stop me and let me know. House Bill 1010, House Bill 1018, House Bill 1026, House Bill 1050, House Bill 1058, House Bill 1059, 1060, 1064. Second Page 1067, 1074, 1080.
Sturch Do 1079?
Dismang 1079.
Sturch Senator Chesterfield, you’re recognized.
Chesterfield Which one of these contains an additional appropriation, additional appropriation for [?].
Dismang No, that will be tomorrow.
Sturch Senator Dismang. Seeing no further questions, you’ve heard the bills presented. Is there any objection to putting these in a batch? Seeing no objection, is there any objection to rolling the vote on this batch? Seeing no objection, Madam Secretary.
Secretary House Bill 1010 an act for the Department of Corrections Division of Community Corrections appropriation for the 2022-2023 fiscal year. House Bill 1018 an Act for the Department of Energy and Environment Division of Environmental Quality Appropriation for the 2022-2023 fiscal year. House Bill 1026 an act for the Department of Public Safety Appropriation for the 2022-2023 fiscal year. House Bill 1056 an act for the Department of Human Services Secretary’s Office appropriation for the 2022-2023 fiscal year. House Bill 1058, an act for the Department of Finance Administration appropriation for the 2022-2023 fiscal year. House Bill 1059 an act for the Department of Human Services Medicaid Tobacco Settlement Program appropriation for the 2022-2023 fiscal year. House Bill 1016 an act for the Department of Parks, Heritage and Tourism Division of Heritage Appropriation for the 2022-2023 fiscal year. House Bill 1064 an act for the Department of Human Services Division of County Operations Corporation for the 2022- 2023 fiscal year. House Bill 1067 an act for the Department of Education, Division of Career and Technical Education appropriation for the 2022-2023 fiscal year. House Bill 1074 an act for the Department of Human Services, Division of Preventive Services and Quality Assurance. Appropriation for the 2022-2023 fiscal year. House Bill 1079, an act of the Department of Health appropriation for the 2022-2023 fiscal year. House Bill 1080 an act for the Department of Education Arkansas School for the Blind and the Arkansas School for the Deaf appropriation for the 2022-2023 fiscal year.
Sturch Members, you’ve heard these bills. Any objection to rolling the vote on this batch? Seeing no objection, Madam Secretary, please roll the vote. [Roll call]
Gilmore Members, taking the chair for Senator Sturch, so please bear with me. Where are we? Yeah. Anyone wish to vote or change their vote? Seeing none, cast up the ballot. By a vote of 33 yeas– 35 yeas. Passes. Transmit to the House. Return to the House. Senator Dismang is recognized.
Dismang Thank you, Senator. Members, we need to suspend the rules, take up a supplemental budget calendar to consider an amendment to Senate Bill 101. That’s the revenue stabilization law. So I move that we suspend the rules, take up a supplemental calendar for an amendment to Senate Bill 101
Gilmore Without objection.
Secretary Amendment 1 to Senate Bill 101.
Dismang Members, this is what we went through this morning in Joint Budget if you were over there. This just drops the language to what’s been agreed to in revenue stabilization. And be happy to take any questions.
Gilmore Any questions for Senator Dismang? Seeing none–
Dismang I moved– yeah–
Gilmore Senator Garner’s recognized.
Garner Yeah, Mr. Chairman, if I was going to make a substitute motion right now, what would be the vote threshold and what would be the procedure to actually put that in place?
Gilmore Senator Garner, I appreciate that. I think you have a little red book on your desk. I would suggest you consult that.
Garner OK, I’ll take that advice.
Gilmore Thank you, Senator Garner. Anyone wish to–
Dismang So with that, I’d–
Gilmore For or against the bill?
Dismang No, I need to– I move for adoption of Amendment 1 to Senate Bill 101.
Gilmore All in favor of the amendment, say aye. Any opposed. Ayes have it.
Dismang All right.
Gilmore Send it to Engrossing.
Dismang Members, so this, that amendment is going to Engrossing. It’s going to take just a couple of minutes for them to to wrap that up. In the meantime, I’d like to go ahead and make a motion to suspend the rules to add an additional supplemental calendar to consider Senate Bill 101 as amended.
Gilmore All in favor. .
Dismang All right, then we’ll just wait until it’s ready.
Gilmore Members, we’re going to take a 10 minute recess.
[Recess]
Sturch Order. The Senate will come to order. Madam Secretary, are there items at the desk?
Secretary Yes, sir. We your committee on Engrossed Bills to whom was referred to Senate Bill 101 by Joint Budget Committee compared the engrossed copy with the original and find the same correctly engrossed.
Sturch Calendar. Senator Dismang, you’re recognized to present the second supplemental budget calendar. Green sheet.
Secretary Senate Bill 101 by Joint Budget to amend the revenue stabilization law, to create funds and to make transfers to and from funds and fund accounts.
Dismang Be happy to take any questions.
Sturch Any questions for Senator Dismang? Seeing none, is there anyone who wishes to speak for or against the bill? Seeing none, the senator is closed for the bill. Is there any objection to rolling the vote on Senate Bill 101 and its emergency clause? Seeing none, Madam Secretary, please roll the vote. [Roll call] Are there any senators who wish to change their vote? Any senator who wishes to change his or her vote? Seeing none, Madam Secretary, please cast up the ballot. A vote of 35 yeas, 0 nays, the bill and its emergency clause have passed. Please transmit to the House. Announcements. Senator Dismang.
Dismang Members, just a heads up. So we have no more Joint Budget, as Senator Chesterfield celebrated this morning for everybody. But we will– so we’ll hear the House version of Revenue Stabilization Act, and we’ve got a few more appropriations that will be coming from the House to clean up and for final passage. But for the most part, we’ll be wrapping things up tomorrow. Jimmy, I’m sorry– Senator Hickey said we’d be coming in tomorrow at 9 o’clock.
Sturch 9 o’clock tomorrow. Senator Hill, you’re recognized for announcement.
Hill Just wanted to remind everyone that Rules is meeting immediately after this.
Sturch Rules Committee will meet immediately following adjournment in Room 309. Any further announcements to come before the Senate at this time? Any further announcements? Seeing none, the Senate will stand adjourned until 9 o’clock tomorrow morning subject to clearing of the desk.