Jan. 25: Senate transcript

94th General Assembly, Senate, Transcripts

Senate

January 25, 2023

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Lt Gov Rutledge: The Senate will be called to order. Are there any requests for leave at this time? Senator Clark, you’re recognized.

Sen Clark: … from Hot Springs who’s my shadow today.

Lt Gov Rutledge: Madam Secretary, please call the roll.

Madam Secretary: Boyd. Bryant. Caldwell. Chesterfield. Clark. Crowell. Davis. Dees. Dismang. Dotson. English. Flippo. Flowers. Gilmore. Hammer. Hester. Hickey. Hill. Irvin. Blake Johnson. Mark Johnson. King. Leding. Love. McKee. Murdock. Payton. Penzo. Petty. Rice. Stone. Stubblefield. Sullivan. Tucker. Wallace.

Lt Gov Rutledge: Thank you, Madam Secretary. If everyone in the chamber and the galleries would please rise for a prayer led by Senator Bryant, followed by the Pledge of Allegiance.

[Prayer, followed by Pledge of Allegiance by the members].

Lt Gov Rutledge: Thank you, 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. And the morning hour has now begun. Are there any announcements or introductions at this time? Senator Dees, you’re recognized.

Senator Dees: Thank you, Madam Chair, and members. I just wanted to recognize we have a special group here today. We have students from our optometry school with us and in the gallery. And if they wouldn’t mind standing so we can recognize them. Especially, Tyler Fisher from Siloam Springs, a special shout out. So thank y’all for being here today.

Lt Gov Rutledge: Any other announcements? Madam Secretary, are there items at the desk?

Madam Secretary: Yes, ma’am. We your Committee on Education to whom was referred Senate Bill 68 by Senator Dotson recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: We your Committee on Education to whom was referred House Bill 1017 by Representative Berry recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: We your Committee on Education to whom was referred House Bill 1122 by Representative Vaught recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: We your Committee on Judiciary to whom was referred Senate Bill 48 recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: We your Committee on Education, to whom was— on Judiciary to whom referred for House Bill 1028 by Representative Fite recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: Committee on Public Health to whom was referred Senate Bill 57 by Senator Irvin recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: Committee on Public Health to whom was referred Senate Bill 58 by Senator Irvin recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: Committee on Public Health to whom was referred Senate Bill 74 by Senator Boyd recommend do pass as amended number 2.

Lt Gov Rutledge: Calendar.

Madam Secretary: Committee on Public Health to whom was referred Senate Bill 89 by Senator English recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: Committee on Public Health to whom was referred Senate Bill 93 by Senator Hammer recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: Committee on Public Health to whom was referred House Bill 1137 by Representative Cavenaugh recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: Committee on Public Health to whom was referred House Bill 1145 by Representative Scott recommend do pass.

Lt Gov Rutledge: Calendar.

Madam Secretary: Senate Concurrent Resolution 2 by Senator Hester. Providing that the Senate and the House of Representatives of the 94th General Assembly may recess on Thursday, March 16, 2023, and reconvene on Monday, March 27, 2023. Senate Concurrent Resolution 2.

Lt Gov Rutledge: Calendar.

Madam Secretary: Senate Concurrent Resolution 3 by Senator Love. Designating the Cardiopathy Awareness Day to educate people about Cardiopathy. Senate Concurrent Resolution 3.

Lt Gov Rutledge: Calendar.

Madam Secretary: Senate Bill 113 by Senator Davis. To ensure that health care providers are properly reimbursed by the Arkansas Medicaid program for providing long acting reversible contraception immediately and during postpartum. Senate Bill 113.

Lt Gov Rutledge: Public Health.

Madam Secretary: Senate Bill 114 by Senator Tucker. To amend the filing of campaign finance reports, to amend the law concerning candidate contribution filings, and to amend portions of initiated Act 1 of 1990 and initiated Act 1 of 1996. Senate Bill 114.

Lt Gov Rutledge: State Agencies.

Madam Secretary: Senate Bill 115 by Senator Hammer. To amend and update the law concerning survivor annuity benefits under the Arkansas Teacher Retirement System and declare an emergency. Senate Bill 115.

Lt Gov Rutledge: Retirement.

Madam Secretary: Senate Bill 116 by Senator Hammer. To allow the purchase of permissive service credit under the Arkansas Teacher Retirement System and to declare an emergency. Senate Bill 116.

Lt Gov Rutledge: Retirement.

Madam Secretary: Senate Bill 117 by Senator Hammer. To amend the law concerning the termination/separation period on the Arkansas Teacher Retirement System and to declare an emergency. Senate bill 117.

Lt Gov Rutledge: Retirement.

Madam Secretary: Senate Bill 118 by Senator Dotson, et. al. To define the term anti-semitism when reviewing, investigating or determining whether there has been a violation, a violation of law or policy prohibiting discrimination acts or practices based on race, religion, ethnicity or natural origins. Senate Bill 118.

Lt Gov Rutledge: Judiciary.

Madam Secretary: Senate Bill 119 by Senator Irvin. To clarify payment of for health care services performed by certain outpatient surgery centers. Senate Bill 119.

Lt Gov Rutledge: Insurance and Commerce.

Madam Secretary: Senate Bill 120 by Senator Love. To amend the law requiring covers for loads to avoid spilling loads on highways. Senate Bill 120.

Lt Gov Rutledge: Transportation. Thank you, Madam Secretary. Is there any further business to come before the body in the morning hour? If not, the morning hour has expired. We will now start the business agenda. Madam Secretary, please read Senate Resolution– Ooe moment. I’m going to recognize Senator Clarke Tucker for an announcement.

Senator Tucker: Thank you, Madam President. I just want to take a moment and recognize our doctor of the day here today, Dr. Ballas Simon. He’s a family medicine physician here in Little Rock. And our nurse of the day, Ms. Brenda Hewitt. Welcome, Dr. Simon.

Lt Gov Rutledge: Senator Irvin, you’re recognized for an announcement.

Senator Irvin: Members. Just as a reminder, Friday is the deadline for any bill that might affect health insurance plans, state plans or plans that are at higher ed. So make sure you get those in to us. That’s going to probably affect the Insurance and Commerce Committee and Public Health Committee. So just a reminder of that deadline, which is Friday. Secondarily is, there’s a 15 day kind of stop. If you have a scope of practice bill, those cannot be amended within 15 days and they can’t be heard until 15 days after filed. So that started on Monday. So just a reminder about those two deadlines legislatively. Thank you.

Lt Gov Rutledge: Thank you, Senator. Senator Gilmore.

SR 2 Recognizing Arkansas Forestry Day

Madam Secretary: Senate Resolution 2 by Senators Gilmore and Stone. To recognize and celebrate Arkansas Forestry Day at the State Capitol on January 25, 2023.

Sen Gilmore: Thank you, members. Thank you, Governor. I appreciate the members for participating in Forestry Day at the Capitol. If you took the time to go through the exhibits, thank you. If you came for a great lunch provided by and hosted by the Forestry Association, if we would, they’re in the gallery as well as some other industries represented in forestry, if you would join me in thanking them for being here and for all they do the State. And I would like to read this Resolution. So if you’ll give me a little latitude, because I think it’s important to highlight all the forestry industry does, the sector does in this state.

Whereas private landowners own 15.3 million acres of the state’s forests and almost 3,000,600 acres are publicly owned by federal and state or other public entities. And, whereas, forests provide more than 5,000 products we depend on everyday. And, whereas, the state’s abundant forest resources have provided important economic and environmental benefits to the state and nation since the 1880s. And, whereas, the state’s forested lands are diverse in their make up with 6.2 million acres of softwood, 1.9 million acres of oak and pine and 10.4 million acres of acres of hardwoods. And, whereas, forests value added contributions to the state’s economy is $5.4 billion. And, whereas, the forest products industry support 26,500 direct jobs and 54,982 total jobs. And, whereas, one in 14 of all Arkansans own forest land. And, whereas, 67% of the state’s forests are owned by family forest landowners. And, whereas, Arkansas families depend on $1.76 billion in direct wages provided by the forest products industry.

And, whereas, the average compensation in forest products industry is higher than both the national and Arkansas average wage. And, whereas, for every one job created in the forest industry in the state of Arkansas, 2.4 jobs are created indirectly. And, whereas, timber harvest, harvesters and forest landowners follow voluntary best management practices that protect water quality. And, whereas, the state’s forests provide unparalleled scenic beauty. And. whereas, the forests in Arkansas support habitat for more than 600 species of fish and wildlife. And, whereas, the state’s forest landowners manage their land to protect and enhance habitat for threatened and endangered species. And, whereas, since 1947, the Arkansas Forestry Association has served as a voice of forestry for the state’s entire forestry community. Now, therefore, be it resolved by the Senate of the 94th General Assembly of the State of Arkansas, that the Senate recognize and celebrate Arkansas Forestry Day at the State Capitol Building on January 25th, 2023. Members again, if you would join me in recognizing all of the contributions that forestry provide to our state, the folks that are represented here today, and I would appreciate a good vote on this resolution.

Lt Gov Rutledge: Thank you, Senator Gilmore. If there are no questions for the senator, all those in favor of the resolution, please signify by saying aye. Any opposed? It passes. Thank you, Senator Gilmore. Senator Penzo.

SCR 1 Joint Rules

Madam Secretary: Amendment 1 to Senate Concurrent Resolution 1.

Sen Penzo: Thank you, Madam President. Senate Concurrent Resolution number 1 is the Joint Rules of the House and Senate. There’s 3 changes made to the previous rules. The first one is it sets a filing deadline of the 31st of January for any legislation having to do with lottery funded scholarships. The second change is during ALC week, interim committees and task forces should not be scheduled during ALC week. And the third is fiscal impact statements being required for lottery funded scholarships. Those are the only changes from the previous Joint Rules.

Madam Secretary: Senator, we’re doing the amendment.

Sen Penzo: I’d like to make a motion to adopt Amendment 1 for the Senate Concurrent Resolution 1.

Lt Gov Rutledge: We have a motion to adopt the amendment. If there are no questions for Senator Penzo on this? Seeing none, all those in favor signify by saying aye. Any opposed?

Sen Penzo: Like to make a motion do pass on the Senate Concurrent Resolution.

Madam Secretary: Needs to go to engrossed.

Sen Penzo: Oh, I have to send it engrossed?

Madam Secretary: Yes.

Lt Gov Rutledge: Amendment is adopted. Send to be engrossed. Senator Flippo, you’re recognized.

Sen Flippo: Thank you, Madam Chair.

HB 1023 Requires state funded flags be made in USA

Madam Secretary: House Bill 1023 by Representative Fortner and Senator Flippo. To require flags purchased with public funds to be made and manufactured in the United States.

Sen Flippo: Members, this bill does exactly what the title says. It’s going to require public entities, which is defined in this bill that are going to use public funds to purchase state or American flags, to make sure those are manufactured here in the United States of America. And before I get to questions, I just want everybody to know that I’m thinking what you’re thinking, which is, how has Senator Stubblefield after 12 years not already addressed this? And the truth of the matter is that he is human. Contrary to popular belief, Gary misses something every once in a while now. And I’m very happy that Representative Fortner caught that and we can address that wrong today. And members, with that, I would appreciate a good vote.

Lt Gov Rutledge: Are there any questions for Senator Flippo? Seeing no questions, anyone wish to speak for or against this? Seeing none, all those in favor of– Oh, if there is no objection to rolling the vote. Madam Secretary, please roll the vote.

Madam Secretary: Boyd. Bryant. Caldwell. Chesterfield. Clark. Crowell. Davis. Dees. Dismang. Dotson. English. Flippo. Flowers. Gilmore. Hammer. Hester. Hickey. Hill. Irvin. Blake Johnson. Mark Johnson. King. Leding. Love. McKee. Murdock. Payton. Penzo. Petty. Rice. Stone. Stubblefield. Sullivan. Tucker. Wallace.

Lt Gov Rutledge: With a vote of– any senators not voted or does anyone wish to change their vote? Seeing none, with a vote 35 yeas, 0 nays, House bill 1023 passes. Return to the House. Senator Crowell.

HB 1090 Separates sheriff and tax collector offices in Hempstead County

Madam Secretary: House Bill 1090 by Representative Watson and Senator Crowell. To separate the offices of sheriff and tax collector in Hempstead County.

Sen Crowell: This is just simply the Hempstead County wanted to separate their sheriff and their collector and came to the legislature to have us do that for them. So I’d appreciate a good vote.

Lt Gov Rutledge: I see Senator Hickey, you have a question?

[Context: This is the first bill that Senator Crowell ran. It’s tradition both in the House and Senate to give freshmen a hard time with their first bill.]

Sen Hickey: Yes. Hempstead County’s in my district. And this was not confirmed with me at all. So I’d ask that I’d ask the members not to vote for this until we can get some further information.

Sen Crowell: I apologize.

Sen Hickey: No, I just want a no vote. Because I want everybody to understand that needs to be done next time.

Sen Crowell: Yes, sir.

Lt Gov Rutledge: Senator Dismang has a question.

Sen Dismang: This appears to be local control.

Sen Crowell: Yes, sir. I’d like to pull it down if I can, please.

Lt Gov Rutledge: Senator Gilmore, you have a question?

Sen Gilmore: If I may real quick. I know you made him pull the bill. But I’d like to ask, can you define what separate means?

Sen Crowell: Right now, in a lot of a lot of counties the sheriff is also the tax collector and they wanted to separate them out. So there is an actual tax collector, and an actual sheriff.

Sen Gilmore: If I may follow up? So does that mean they’re going to be in separate offices? How is that going to work?

Sen Crowell: Yes, sir. Yes, sir. They’ll be in separate offices.

Sen Gilmore: So, financing and all that will be separate as well?

Sen Crowell: Yes, sir.

Sen Gilmore: Okay.

Lt Gov Rutledge: Senator Davis, you’re recognized.

Sen Davis: Thank you, Madam Chair. I was wondering, do you have a fiscal impact statement with this bill to know exactly how much it’s going to cost taxpayers?

Sen Crowell: No, I can get one if you would like me to.

Sen Davis: Okay, thank you.

Lt Gov Rutledge: Senator Clark. You’re recognized.

Sen Clark: Thank you, Madam Governor. In light of the governor’s speech on inauguration, does this grow government?

Sen Crowell: I’ll have to get back to you on that, Senator Clark. I’ll look into that for you.

Lt Gov Rutledge: Are there any other questions? Anyone wish to speak against? Senator Dismang, you’re recognized.

Sen Dismang: Just based on the fact that I believe this is local legislation being prohibited, it treats entities differently, even though they have common interests. Thank you.

Lt Gov Rutledge: Anyone wish to speak for? Anyone else wish to speak against? Senator, you are free to close.

Sen Crowell: Appreciate a good vote, if I can. Thank you.

Lt Gov Rutledge: Is there any objection to rolling the vote? Madam Secretary, please call the roll.

Madam Secretary: Boyd. Bryant. Caldwell. Chesterfield. Clark. Crowell. Davis. Dees Dismang. Dotson. English. Flippo. Flowers. Gilmore. Hammer. Hester. Hickey. Hill. Irvin. Blake Johnson. Mark Johnson. King. Leding. Love. McKee. Murdock. Payton. Penzo. Petty. Rice. Stone. Stubblefield. Sullivan. Tucker. Wallace.

Lt Gov Rutledge: Are there any senators who did not vote who would like to vote at this time? Senator Dees?

Lt Gov Rutledge: Senator Clark is yes. Senator Wallace is yes. Senator Blake Johnson, yes. Senator McKee, yes. Senator Dotson, yes. Senator Dees, yes. Senator Chesterfield, yes? Please keep your hands up if you are changing or voting. Senator Hammer, yes. Senator Boyd, yes. Dees, yes. Tucker, yes. Davis, yes. Davis, yes. Gilmore, yes. Hill, yes. Sullivan, yes. Stone, yes. Mark Johnson, yes. Penzo, yes. Jane English, yes. Excuse me. Leding, yes. Stubblefield, yes. Flowers, yes. Rice are you. you’re a yes. Caldwell, yes. Crowell’s, yes. If anyone else wishes to have a change of heart or sense of humor? Seeing none, cast up the ballot, Madam Secretary.

Lt Gov Rutledge: With a vote of 35 yeas, 0 nays, it has been passed. Return to the House. Senator Tucker, you are recognized.

HB 1100 Allows Cammack Village to provide certain services

Madam Secretary: House Bill 1100 by Representative Collins and Senator Tucker. To amend the purposes of urban service districts and to add certain municipal services as purposes for which in urban service districts might be formed.

Lt Gov Rutledge: Senator Tucker is recognized, if we could have attention to Senator Tucker.

Sen Tucker: Thank you, Madam President. Unfortunately, this will not be nearly as as much fun as that was. This is a bill about urban service districts. And just to give a little context for that. As I’m sure you all are familiar districts can be created throughout the state to raise money when there’s no other revenue source. And you may be familiar with a water district or a levee district or a sewage district or something along those lines. There is such a thing as an urban service district. since this law has been in place there’s been only one urban service district created in the history of Arkansas. That urban service district is Cammack Village. It’s a municipality on the north, northern side of Little Rock, separate from Little Rock right along the river. Little Rock has now grown around it, where it’s entirely surrounding Cammack Village.

Cammack Village has no commercial businesses within its municipality. So the only manner of revenue it has is to charge its property owners fees for water, sewage, and waste. That’s it. In the statute, it enumerates the types of services that Cammack or that any urban service district can provide with the revenues that it generates through fees. Those include emergency services, solid waste services, parking, recreation and neighborhood improvement. Cammack wants to add 2 pieces that they would like to provide to the citizens of Cammack, 2 services they would like to provide: those having to do with sidewalk maintenance and redevelopment and also with drainage system. So all this particular bill does is add to the list of services that an urban service district can provide to its residents. And again, as it stands now, this only applies to Cammack Village. You know, there was a conversation, I’ve had several conversations with Senator Payton about this, about whether it might affect a, a another district in his Senate district, but it does not affect that.

Again, this only affects urban service districts and there’s only one of those in the state being Cammack Village. That’s really, that’s really it. That’s the bill. I’d be happy to take any questions.

Lt Gov Rutledge: Thank you, Senator. Senator Mark Johnson, you have a question?

Sen M Johnson: Senator Tucker, you brought something I was not aware of, and I wanted to just clarify. Do the residents of Cammack Village pay the Little Rock its half cent sales tax? General sales tax? The city Little Rock collects or that the state of Arkansas collects on behalf of the citizens of the Little Rock.

Sen Tucker: No, sir. The answer, and I’m- I’m 99% sure of this, not 100%. But I think it’s not possible because there’s no sales tax collected in Cammack Village, period, because there’s no businesses in Cammack Village.

Sen M Johnson: Well, I’m- I’m not asking, do they get benefits? Do they- is it paid? Because you’ve got as you know, you get post office that says, you know, Little Rock, but it’s really Cammack Village, just like I live in Ferndale. But my my address says, well, I don’t pay the Little Rock sales tax in my area because I’m outside the city limits.

Sen Tucker: Right. I don’t believe they do. And again, I’m not 100% certain, but I’m fairly confident about that. I know they don’t vote for mayor of Little Rock or for, you know, their city director races.

Sen M Johnson: …the last two mayors of Cammack Village.

Sen Tucker: Right.

Sen M Johnson: Okay. Well, thank you, Senator. I just was curious, since it is kind of a unique creature, how does the sales tax situation work. Thank you. Thank you, Madam Chair.

Sen Tucker: Yes, sir.

Lt Gov Rutledge: Thanks. Are there any other questions for Senator Tucker? Seeing none, anyone wish to speak in opposition? Anyone wish to speak for? Seeing none, any objection to rolling– sorry. Senator, you have the opportunity close, I apologize.

Sen Tucker: No, that’s all right. I’m closed for the bill. I appreciate a good vote. Thank you very much.

Lt Gov Rutledge: Thanks Senator. Any opposition to rolling the vote? Seeing none, Madam Secretary, please roll the vote.

Madam Secretary: Boyd. Bryant. Caldwell. Chesterfield. Clark. Crowell. Davis. Dees. Dismang. Dotson. English. Flippo. Flowers. Gilmore. Hammer. Hester. Hickey. Hill. Irvin. Blake Johnson. Mark Johnson. King. Leding. Love. McKee. Murdock. Payton. Penzo. Petty. Rice. Stone. Stubblefield. Sullivan. Tucker. Wallace.

Lt Gov Rutledge: Any senators wish to change a vote? Senator Payton, you’re recognized as changed your vote to no. Anyone else? With a vote of 34 yea and 1 nay. Will you cast up the ballot, Madam Secretary? 34 yea, 1 nay. It has passed. Return to the House. Senator Wallace, you’re recognized.

Appointment of Leslie Branman to State Board of Nursing

Sen Wallace: Thank you, Governor. Madam President, having voted on the prevailing side of which Ms. Lesley Branman’s appointment to the Arkansas State Board of Nursing was not confirmed, I move that we reconsider the vote of which the confirmation of Lesley Branman failed.

Lt Gov Rutledge: Thank you, Senator. Are there any questions for the Senator? Seeing none, does anyone wish to speak in opposition? Anyone wish to speak for? Senator Tucker, you’re recognized.

Sen Tucker: Thank you, Madam President. This was the appointment to the nursing board that was on the floor yesterday with Leslie Branman. I don’t want to repeat too much of what I said yesterday, just that this is a very qualified person. She’s double certified in nursing. She’s an expert in nursing. She’s on a national board related to patient safety. I visited with her several times in the last 24 hours, but one time in particular this morning. And she made very clear to me that her agenda to be on the Board of Nursing is patient safety, and that’s it. That’s why she wants to be on the board. I’m grateful to Senator Wallace for making this motion to reconsider. And the other point that I would make that she and I discussed is that they’re having a difficulty getting quorums on the Nursing Board right now. So they really need to fill this position. It’s a real thing that the nursing board is going through right now. They need they need to fill this seat. So I wanted to make sure I mentioned that as well. But I’d be happy to take questions.

Lt Gov Rutledge: Senator Blake Johnson, your recognized.

Sen B Johnson: Parliamentary inquiry. She was on the list that Senator Mark Johnson made a motion to, you know, so that vote I think would have to be expunged prior to reconsideration.

Sen Tucker: I can speak to that, Madam President, with your permission.

Sen B Johnson: Parliamentary inquiry.

Lt Gov Rutledge: So I’m gonna ask Parliamentarian.

Sen Tucker: Mr. Cook and I discussed that specifically this morning in our conversation. And please, if I misstated, go ahead.

Parliamentarian: Senator Johnson. I don’t think it’s necessary. I think it would be a proper motion, but I don’t think it’s absolutely necessary since this is an internal Senate matter. And I don’t think a motion to expunge would be necessary. I think if the Senate wants to expunge it, it’s a cleaner vote. But it’s not necessary for them to make that motion to reconsider, in my opinion.

Sen B Johnson: So they don’t have to make the motion to expunge the Senator Johnson’s motion or the vote by which it failed?

Parliamentarian: Well, let me just say this. I think Senator Johnson’s motion was not necessary. Senator Penzo made the announcement yesterday that the ones that we have confirmed have been confirmed. Those on list 2 were deemed not approved. And he said without objection. So at that point, we’re done. Senator Johnson’s motion, I think, was not needed. I think the Senate business was done when, without objection, Senator Penzo’s statement was made. And it’s on the journal that that was the posture the Senate was in. So I think that Senator Johnson’s motion was extraordinary, not needed and not controlling. I think Senator Penzo’s statement and motion was the controlling statement.

Sen B Johnson: But we also had a vote on the floor that should be expunged.

Parliamentarian: I think it’s just an extraordinary, not needed motion that confirmed what Senator Penzo had stated. It just reiterated what Senator Penzo stated the status of those on item 2, what they were, without objection. And there was no objection. So the Senate was in the posture they’ve been rejected.

Sen Tucker: And I think, Senator, correct me if I’m wrong, Senator Johnson, but I think he’s also referencing this vote. And I moved to suspend the rules to have Ms. Branman put on the floor list. That motion carried. Then I moved to have her confirmed. That motion did not carry. And this is where I’ll defer again to Mr. Cook. We have two options. We can either expunge the vote by which that motion failed, or we don’t have to do it that way. Or we could reconsider. And that’s the motion that Senator Wallace just made as an alternative to expunge.

Lt Gov Rutledge: Senator Mark Johnson.

Sen M Johnson: Thank you, Madam President. A question of Senator Tucker, if he could answer. Senator, is this the last one?

Sen Tucker: Yes, this is the last one. Yes, sir. It’s only one I’m bringing today.

Sen M Johnson: I’m certainly okay with Ms.Branman. I’ve hard nothing but good things about her. The purpose of my redundant motion, as Steve mentioned, was to make sure that this chapter was closed and was properly recorded in the journal. And I appreciate that we did it both with Senator Penzo’s motion without objection and what we did. But I don’t want to crack the egg open again. So if you can say now that this is the end of it, I can certainly support what you’re doing.

Sen Tucker: From me, this is the only one, Senator.

Sen M Johnson: Okay. Thank you, Senator. Thank you, Madam Chair.

Lt Gov Rutledge: All right. Thank you. With no further questions. All those in favor of the motion to reconsider the appointment ,signify by saying aye. Any opposed? Alright, motion to reconsider passes. And now a motion to be made by Senator Tucker.

Sen Tucker: Thank you, Madam President. For all the reasons we’ve discussed, I move that we confirm the appointment of Ms. Leslie Branman to the Arkansas State Board of Nursing.

Lt Gov Rutledge: Any questions for Senator Tucker? Seeing none, all those in favor of confirming the appointment of Leslie Branman to the State Board of Nursing signify by saying aye. Any opposed? Ayes have it. She is confirmed. Thank you. Senator Wallace, you’re recognized.

Sen Wallace: Thank you, Governor. Members, on 9 September, the Legislative Joint Audit Committee appointed Kevin William White to serve as the legislative auditor to take the office upon retirement of the current legislative auditor, Roger Norman. A written appointment signed by the committee co-chairs has been filed with the Arkansas Secretary of State in compliance with the motion adopted by the Committee and by Arkansas Code 10-4-406, Mr. White will take the oath of office upon the retirement of Mr. Norman. Arkansas Code 10-4-405 requires that Mr. White’s appointment be confirmed by both houses of the Arkansas General Assembly. Therefore, in accordance with this provision, it is our honor to request Senate confirmation of Kevin William White as legislative auditor to take the office upon the retirement of Roger A. Norman. And I have signed that and Senator Ron Caldwell, who was auditor chair in the 93rd Assembly, has signed as well.

Lt Gov Rutledge: Thanks, Senator Wallace. Senator Chesterfield, you are recognized for a question.

Sen Chesterfield: Yes, thank you, Madam Chair. And I remember the meeting in Audit when we decided to do that. My question is, is it customary then for us to confirm someone for a position that is already currently held, or do you know when Norman is going to resign or retire?

Sen Wallace: I know from talking with Mr. Norman that he intends to stay through this session to help us through this session, and he will retire shortly after that.

Sen Chesterfield: And so if we don’t do it now, the Senate will not have an opportunity to act. Is that why you’re doing this?

Sen Wallace: Yes Ma’am.

Sen Chesterfield: Thank you so much. Thank you, Madam Chair.

Lt Gov Rutledge:Thank you. Any other questions? Seeing none, all those in favor of Senator Wallace’s motion, please signify by saying aye. Any opposed? Ayes have it. Motion passes. Senator Dismang, you’re recognized.

Appropriation Bills: SB 14, SB 19, SB 21, SB 28, SB 63, SB 13

Sen Dismang: I’ll just do this real quick and then. Members, you’ve got your budget calendar on the desk. I know of so far we’re going to need to pull out Senate Bill 13 from the batch and Senate Bill 64, which is going to get re-referred back to Committee. So quickly, I’m going to read through those. And if you would like to pull one out for a separate vote, let me know. Senate Bill 14, 19, 21, 28 or 63. Okay. Again, so we’re going to pull out Senate Bill 13 and 64. With that, I’m going to go ahead and make a motion we re-refer Senate Bill 64 to Joint Budget.

Lt Gov Rutledge: You all have heard the motion. Any questions? All those in favor signify by saying aye. Any opposed? Passed.

Sen Dismang: Thank you.

Madam Secretary: Senate Bill 13 by Joint Budget, an Act for the Arkansas Ethics Commission appropriation for the 2023-2024 fiscal year.

Sen Dismang: Members have any questions on Senate Bill 13? Seeing none, appreciate a good vote.

Lt Gov Rutledge: Alright, seeing no questions. Anyone wish to speak for or against? Without objection, Madam Secretary roll the vote. Any objection to rolling the vote? I see 2 objections. So, Madam Secretary, please call the roll.

Madam Secretary: Boyd. Bryant. Caldwell. Chesterfield. Clark. Crowell. Davis. Dees. Dismang. Dotson. English. Flippo. Flowers. Gilmore. Hammer. Hester. Hickey. Hill. Irvin. Blake Johnson. Mark Johnson. King. Leding. Love. McKee. Murdock. Payon. Penzo. Petty. Rice. Stone. Stubblefield. Sullivan. Tucker. Wallace.

Lt Gov Rutledge: Thank you. Anp senators who have not voted wish to vote or wish you change your vote? Seeing none, Please cast the ballot. With a vote of 34 yea, 1 nay, it passes. It does have emergency clause. Transmit to the House.

Madam Secretary: Senate Bill 14 by Joint Budget. An Act for the Judicial Discipline and Disability Commission appropriation for the 2023-2024 fiscal year. Senate Bill 19 by Joint Budget. An Act for the Department of Commerce Division of Aeronautics appropriation for the 2023-2024 fiscal year. Senate Bill 21 by Joint Budget. An Act for the Arkansas Minority Health Initiative for the Department of Health Arkansas Minority Health Commission appropriation for the 2023-2024 fiscal year. Senate Bill 28 by Joint Budget. An Act for the Department of Health Arkansas Minority Health Commission appropriation for the 2023-2024 fiscal year. Senate Bill 63 by Joint Budget. An Act for the Department of Energy and Environment Liquefied Petroleum Gas Board appropriation for the 2023-2024 fiscal year.

Lt Gov Rutledge: Are there any questions for Senator Dismang? Seeing none, is there any objection to batching the vote? Is there any objection to rolling vote? Seeing none, Madam Secretary, please roll the vote.

Madam Secretary: Boyd. Bryant. Caldwell. Chesterfield. Clark. Crowell. Davis. Dees. Dismang. Dotson. English. Flippo. Flowers. Gilmore. Hammer. Hester. Hickey. Hill. Irvin. Blake Johnson. Mark Johnson. King. Leding. Love. McKee. Murdock. Payton. Penzo. Petty. Rice. Stone. Stubblefield. Sullivan. Tucker. Wallace.

Lt Gov Rutledge: Any senators wish to change your vote? Seeing none, please cast up the ballot. With a vote of 35 yea, 0 nay,e Emergency clause on all of these. SB 14, SB 19, SB 21, SB 28, SB 63 all are passed. Emergency clause adopted. Please transmit to the House. Any other business before the body? Senator Mark Johnson, you’re recognized.

Sen M Johnson:Transportation will meet this afternoon in the old Supreme Court chamber 15 minutes after adjournment. Thank you.

Lt Gov Rutledge: Thank you, Senator. Senator John Payton, you’re recognized.

Sen Payton: Thank you, Madam President. Just a reminder on retirement bills, Friday is the deadline. So if you have anything that you want to file in Retirement, you have a deadline coming up Friday.

Lt Gov Rutledge: Senator Dismang, you’re recognized.

Sen Dismang: Thank you. Joint Budget will meet tomorrow at 9 and Thursdays are members own.

Lt Gov Rutledge: Any other announcements? Senator Irvin, you’re recognized.

Sen Irvin: Just wanted to invite everybody to the Sportsmen’s Caucus dinner tonight over at the Association of Counties. It’s at 6:00. Thank you.

Lt Gov Rutledge: Any other announcements? If not, Senate will stand in adjournment, subject to the clearing of the desk until 10 a.m. tomorrow, January 26, 2023.