Senate
February 23, 2023
Lt Gov Rutledge: The Senate will now be called to order. Are there any requests for leave at this time? Senator Leding you’re recognized.
Sen Leding: Request leave for Senator (inaudible).
Lt Gov Rutledge: Senator Bryant, you’re recognized.
Sen Bryant: Leave (inaudible)
Lt Gov Rutledge: Anyone else? 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 and if everyone in the chamber and the galleries world please rise for a prayer by Senator Leding, followed by the Pledge of Allegiance.
[Prayer]
[Pledge of Allegiance]
Lt Gov Rutledge: Thank you. And ladies and gentleman in the galleries, welcome to the Arkansas State Senate. It is our expectation that each of you will exercise proper decorum and govern yourselves accordingly during today’s proceedings. Without objections, the rules will be suspended. Senate will dispense with the reading of the Journal. The morning hour has now begun. Are there any announcements or introductions at this time? Senator Dees?
Sen Dees: Thank you, Madam Chair. Members, it’s a great day because we get to celebrate another one of our members and his birthday. This is Senator Jim Dotson’s Birthday, and in lieu of singing we’re going to stand and give applause today. So, happy birthday!
Lt Gov Rutledge: Thank you, Senator. Senator Irvin, you’re recognized.
Sen Irvin: Thank you members, I’m happy to report that Ann went through surgery just great. She has already been up walking as of last night after the surgery. She was texting me throughout the Razorback game cheering for the Hogs. And so, she is doing great. She also wanted me to let you guys know that Benita, who works with us, never left her side. And members, I just want you to recognize and I just want to publicly thank Benita for staying with her all the way through until she was — After surgery, she was at the hospital the whole time with Ann and also in her room with her to make sure she got all settled in before she actually left the hospital.
So, Benita, I know she’s back there, but when you get a chance just tell her thank you. There she is, come here. [applause] Thank you so much. You’re so sweet! [applause] And Ann specifically wanted me to tell everybody and brag about you, and just personally thank you for staying with her and taking care of her. We love you. Thank you. Thank y’all.
Lt Gov Rutledge: Senator Hester, you’re recognized.
Sen Hester: Members, I’ve got three things to visit with you quickly about. Just, right now we do not have a Zoom option in our rules. We had a member that asked if they could Zoom in today or tomorrow due to inclement weather. We do not currently have an option to Zoom in. If the body wanted to, somebody would have to make a motion to suspend the rules, it would take 2/3 and we would be prepared for that. But it looks like we’ve got a majority of members here today. But we can continue to talk about that, but if somebody wants to allow a member to zoom in, we’d have to suspend the rules. It would take 2/3 to allow for that. And we have some history on that over the last couple of years and we could talk about how effective that is.
Second thing, inclement weather. It’s kind of hit and miss like it has been. It looks like things are going to get rough tonight. I will be following that, I’ll meet with Speaker Shepherd after we’re both out of session today. And look, if it’s like impending doom I’m not going to get everybody stuck here for the weekend, so we’ll make a call. When we’re here already, my goal is to try to have session, but my goal is not to get people stuck here tonight. But it does look like weather’s going to come in around seven o’ clock, but we’ll be watching that. I just wanted you to know that. And lastly, I want to recognize our state troopers who were quick on the ball with Ann last night. Loaded her up, took her to the hospital and made sure she was cared for, which is one of the reasons that you’re here. And we were so thankful and grateful you guys were here yesterday. [applause]
Lt Gov Rutledge: Any other announcements? Seeing none, Madam Secretary, are there items at the desk?
Madam Secretary: Yes, Madam President. Notice of the return of Senate Concurrent Resolution 2 as concurred in.
Lt Gov Rutledge: Enroll it.
Madam Secretary: Dear Madam President, we your Committee on Education, to whom was referred Senate Bill 101 by Senator Dotson recommend do pass.
Lt Gov Rutledge: Calendar.
Madam Secretary: We your Committee on Education, to whom was referred House Bill 1112 by Representative Warren recommend do pass.
Lt Gov Rutledge: Calendar.
Madam Secretary: We your Committee on Judiciary, to whom was referred Senate Bill 100 by Senator Boyd recommend do pass.
Lt Gov Rutledge: Calendar.
Madam Secretary: We your Committee on Judiciary, to whom was referred House Bill 1165 by Representative Nicks recommend do pass.
Lt Gov Rutledge: Calendar.
Madam Secretary: We your Committee on Public Health, Welfare and Labor, to whom was referred Senate Bill 42 by Senator Sullivan recommend do pass.
Lt Gov Rutledge: Calendar:
Madam Secretary: We your Committee on Public Health, to whom was referred Senate Bill 57 by Senator Irvin recommend do pass.
Lt Gov Rutledge: Calendar.
Madam Secretary: We your Committee on Public Health, to whom was referred Senate Bill 132 by Senator Flippo recommend do pass.
Lt Gov Rutledge: Calendar.
Madam Secretary: We your Committee on Public Health, to whom was referred Senate Bill 138 by Senator Irvin recommend do pass.
Lt Gov Rutledge: Calendar:
Madam Secretary: We your Committee on Public Health, to whom was referred House Bill 1015 by Representative McGrew recommend do pass.
Lt Gov Rutledge: Calendar.
Madam Secretary: We your Committee on Public Health, to whom was referred House Bill 1136 by Representative Cavenaugh recommend do pass.
Lt Gov Rutledge: Calendar:
Madam Secretary: We your Committee on Public Health, to whom was referred House Bill 1178 by Representative Johnson recommend do pass, as amended number 1.
Lt Gov Rutledge: Calendar.
Madam Secretary: House Bill 1026 by Representative Ray. To prohibit local governments from enacting an income tax. House Bill 1026.
Lt Gov Rutledge: Revenue and Tax.
Madam Secretary: House Bill 1082 by Representative Pilkington. To establish the Occupational Therapy Licensure Compact in Arkansas. House Bill 1082.
Lt Gov Rutledge: Public Health.
Madam Secretary: House Bill 1110 by Representative Warren. To eliminate obsolete mapping requirements for premium tax revenues to be distributed to a city, town, or fire protection district, for the purpose of funding local police and fire relief, and pension funds. House Bill 1110.
Lt Gov Rutledge: Calendar.
Madam Secretary: House Bill 1111 by Representative Warren. To amend the age in which members of certain plans under the local, the Arkansas Local Police and Fire Retirement System and Local Police and Fire Pension Relief Funds begin to receive fund distributions. House Bill 111.
Lt Gov Rutledge: Calendar. Is there any further business 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 5.
Madam Secretary: Senate Concurrent Resolution 5 by Senator Love. Celebrating Black History Month during the month of February 2023.
Lt Gov Rutledge: Senator Love, you’re recognized.
Sen Love: Thank you, Madam President. Good afternoon colleagues. I bring to you SCR 5, which is marking the beginning of Black History Month. As you all know, we’ve celebrated Black History Month for a number of years. It initially started in 1926 as Negro History Week by Carter G. Woodson. We continue with Black History just to notify — just to make sure that the contributions of African-Americans have been known. We later in 1976 moved it to Black History Month. Now, here’s a, kind of a run-in show, but you can make light of this. In African-American community we always say, “Well, dang, why did we get the shortest months of all months?” Right? But it has some historical facts. The birthdays of both Abraham Lincoln and Frederick Douglas are celebrated in February, and so, therefore, we’ve chosen the month of February for Black History. And with that, Madam President, I bring SCR 5. If there’s any questions, I’ll entertain them.
Lt Gov Rutledge: Thank you, Senator Love. Any questions for the Senator? Senator Chesterfield, you’re recognized.
Sen Chesterfield: I’m speaking on the bill. Thank you, Madam Chair. Just speaking on the bill, since I’m a sponsor and an old history teacher. This year we decided we would emphasize Arkansans of note, because in the past we’ve emphasized individuals from all over the country. There are two women that many of you may not know about, and one is Raye Montague, and the other is Dorothy McFadden Hoover, who were part of the Hidden Figures group that is featured in the movie. They both have Arkansas roots. Raye Montague is from Little Rock and Dorothy McFadden Hoover is from Hope, Arkansas. If you’ve ever looked at a plane and you see the little flap on the plane that does that, that’s Dorothy McFadden Hoover’s work. She is the first published scientist of African-American descent, female publisher of African-American descent, and they both worked for NASA. The other person that I’m — There’s several, Ketty Lester, most of you may not know, her name is Revoyda Frierson, she is from Hope, Arkansas.
Ketty Lester is the African-American woman that appears on Little House on the Prairie, if you’ve ever watched that. These are Arkansas folks. John Johnson was the publisher or Ebony Magazine, Jet Magazine, the Negro Digest. He’s from Arkansas City, received only a eighth grade education, because that’s all the schooling that was allowed when he was growing up. And then, subsequently moved to Chicago and started this — these magazines, as well as the Ebony Fashion Fair. And was a part of the ambassadorship with Presidents Reagan, Clinton, and, I’m trying to remember the other one, it may have been the Bush. But these are people
from our state that have done great things. And it’s important that our kids know about individuals who look like them, who can do great things. That’s not only important for kids of color, that’s important for everybody, because the more we know about each other, we can respect each other and get along better with each other. It’s why we celebrate this month. Let us remember that every entity that came to this country has made a meaningful contribution, and that Arkansans have been an integral part of that. With that, I’d appreciate a good vote.
Lt Gov Rutledge: Thank you, Senator Chesterfield. And thank you for that historical note on one of my favorite movies, Hidden Figures. My husband gets tired of how often I like to watch it. Anyone else wish to speak? If not, all those in favor signify it as saying, aye. Any opposed? It is adopted. Transmit to the House. Madam Secretary, please read SB 71.
Madam Secretary: Amendment 1 to Senate Bill 71.
Lt Gov Rutledge: Senator Sullivan, you’re recognized.
Sen Sullivan: Thank you, Madam President. Folks, I have an amendment to Senate Bill 71. I’ve had some questions about the bill, very legitimate, and I’m going to — I’d like to add the amendment, have it engrossed, and then I’ve also promised a couple of the people that had some questions, that I’ll meet with them and we may end up sending it back to Committee. But at this time we’d like to have that amendment engrossed, but you have my word that I’ll wait until we — working with Senator Tucker on that, that we’ll wait until he’s brought the legitimate concerns to me, and we’ve resolved those the best we can. And I would take any questions and appreciate a good vote.
Lt Gov Rutledge: Thank you, Senator. Does anyone have any questions for Senator Sullivan? Anyone else wish to speak for or against? Seeing none, all those in favor of adopting amendment, send to Engrossing, please signify it as saying, aye. Any opposed? It is adopted and sent to Engrossing. SB 6, Senator Hill.
Madam Secretary: Senate Bill 6 by Senator Hill. To create a lifetime certificate of license as a contractor.
Lt Gov Rutledge: Senator Hill, you’re recognized.
Sen Hill: Thank you, Madam President. Colleagues, this bill is pretty simple, straightforward. It’s a restricted lifetime license for a contractor. If you had a contractor’s license for 12 years and you’re age 65, you can buy the one-time license, and it matches up with the electrician’s license that they do now. I’d appreciate a good vote or any questions.
Lt Gov Rutledge: Anyone have questions for Senator Hill?
Sen Hill: I’m closed.
Lt Gov Rutledge: Yes.
Sen Hill. I’m closed.
Lt Gov Rutledge: Any objection 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: Are there any senators who did not vote or who wish to change their vote at this time? Seeing none, Madam Secretary, please cast up the ballot. By a vote of 32 yea, zero nay, it is — it does pass. Transmit to the House. Next we have SB 59, Senator Chesterfield.
Sen Chesterfield: Madam Chair, if I may, I’d like to pass over this. One of my colleagues has raised a question, I’m waiting to get an answer. I would like for it to be put at the end of the calendar.
Lt Gov Rutledge: Yes, ma’am.
Sen Chesterfield: Thank you.
Lt Gov Rutledge: Senator Clark, you’re recognized.
Sen Clark: Yes. I have a question for you for, perhaps Parliamentarian. Sometimes there’s some confusion in my mind about the rules as far as whether we have a personal interest. And several here probably have a contractor’s license. I assume that’s not close enough to state possible conflict on a vote like that, but is it?
Lt Gov Rutledge: I would ask the Parliamentarian to address the inquiry of the Senator.
Parliamentarian: Basically, the rule is if you have a financial interest on any bill out here. As long as you inform the body that you have a potential conflict no matter — it’s each individual senators call to just notify. If you want to participate, if you think that you’ve got a conflict and don’t do anything, you don’t have to say anything or do anything. But if you want to vote and think that you have a financial interest in the bill, all you’ve got to do is make that known to the body via a letter or verbally. And that’s really each individual senator’s call.
Sen Clark: Well, if I may?
Parliamentarian: Since we’ve already voted, if you want to file a letter, with Secretary of the Senate, I would suggest that, future conflict.
Sen Clark: All right, thank you.
Lt Gov Rutledge: Thank you, Mr. Cook. All right. At this time, SB 66, Senator Dees.
Madam Secretary: Senate Bill 66 by Senator Dees. To create the Protection of Minors From Distribution of Harmful Material Act. To establish liability for the publication or distribution of materials harmful to minor on the internet, and to require reasonable age verification.
Lt Gov Rutledge: Senator Dees, you’re recognized.
Sen Dees: Thank you, Madam President. Members, thank you for the opportunity to present this bill. One of the things I’m learning that I love about this body is we solve problems for our constituents. And those are problems around tax codes and education issues, and prison reform issues, but this bill addresses another issue that needs help solving. And it’s an important issue, it’s one that’s — that as a father of three young children it’s very important to me. And so, what Senate Bill 66 does is ask for a reasonable age verification for protection of our minors against harmful material online. And you may be asking, you know, why does this matter? What type of protection? From what are we talking about? And so, I want you to know what is happening to our youth and to our future.
Here’s some statistics that are showing the damaging ramifications to our youth from early exposure to harmful materials such as pornography online. According to Pornhub, the word “Teen” has topped the pornography megasite search term for the last six years running. In 2018, more than 5 billion hours of pornography was watched on their website, with over 33 billion visits. Child pornography is one of the fastest growing online businesses with over 55% of its victims at just 10 years old or younger, which is disgusting. Many studies have linked pornography usage to higher instances of depression, anxiety, sexual aggression, and other mental health issues. Married people who have viewed pornography were found to be twice as likely to get divorced. And pornography has been linked to an increasing infidelity statistic, according to the National Institute of Health.
Multiple studies have linked pornography usage to higher rates of sexual violence and abuse. And pornography usage has also been linked to attitudes supportive of violence against women, again, according to the National Institute of Health. There are multiple and multiple statistics that are growing that are showing the harmful damage that some of this material is doing to our youth. And so, that’s what this bill addresses. It asks for reasonable age verification requirements. If you go to a convenience store and ask to purchase cigarettes, you have to show reasonable age verification requirements, and that’s what this does. I would argue that some of the exposure to some of this material is worse or more harmful than some of the tobacco or alcohol that you are required to show age verification before consuming. So, that’s what this bill addresses.
Louisiana has also passed this law into law, and that’s the attempt today. So, my prayer is that we take this seriously. That we solve this problem. That we partner with parents that are addressing this. There is internet access and device expansion on every wrist, in your pocket, in your hands with tablets, and iPads and cell phones. And so, it is a dangerous world that we don’t address this affectively. That’s my prayer, is that we take this and this and we help solve this problem and we fight for this. I coached 27 youth teams in the last six years, and so, I care deeply about our youth, about our future of these kids. And I know this is impacting them. At the click of a button they are damaging themselves. And so, I’m asking that we take this serious, that we review this seriously, and I’d be happy to answer any questions about this bill. Thank you.
Lt Gov Rutledge: Thank you, Senator Dees. Does anyone have any questions for the Senator? Senator Love.
Sen Love: Thank you, Madam President. So, Senator Dees, I guess I’m just trying to figure out, because I like this bill actually. I’m just trying to figure out how are we — I’m looking, just scan it through it, and this is a digitized identification card. Who’s going to be keeping that information?
Sen Dees: Sure. To answer that question, no one is going to be keeping that information according to this law. How we have, we’ve had it outlined is that it has to be verified and dumped. And so, in fact, we are bringing liable charges to the sites that if they do hold onto any data and data is leaked, they are liable for damages as well.
Sen Love: Okay. All right. Thank you. That was my main concern.
Lt Gov Rutledge: Any other questions? Does anyone wish to speak against? Anyone wish to speak for? Senator Dees, you’re recognized to close.
Sen Dees: Thanks members. I would echo the concern you brought Senator Love. Everyone should always be concerned about their personal identification with any online activity, online banking, Amazon shopping, anything at all. And anybody who has a concern that any website
they visit is not reputable, I would advise them not to visit that website. And I encourage us to make a statement not only for children here in Arkansas, but we can also spread this across the country. So, I’d appreciate a good vote. Thank you so much for consideration.
Lt Gov Rutledge: Thank you, Senator Dees. Is there any 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: Any senators who did not vote, who wish to vote, or who wish to change their vote at this time? Seeing none, Madam Secretary, please cast up the ballot. By a vote of 32 yeas, zero nays, it is adopted. Transmit to the House. SB 87, Senator Dotson.
Madam Secretary: Senate Bill 87 by Senator Dotson. To amend Arkansas law concerning the creation and implementation of the Code of Arkansas Rules.
Lt Gov Rutledge: Senator Dotson, happy birthday, and you’re recognized.
Sen Dotson: Thank you, Madam Chair. Members, this bill, if you’ll recall a few years ago, we passed a statute to create the Code of Arkansas Rules, which is an online searchable database. Tasked BLR with the development of that particular code of rules. And it’s getting close to the go live date. And so, they’ve been working diligently over the last several years, but there’s going to be a switch over form the current process to the Code of Rules where they go online; they’re all searchable and everything like that. And that transition phase is what this primarily will address. It has a few technical corrections that BLR has brought, that they have identified, but for the most part, most of this is uncodified language, temporary in nature for that switch over from the way we currently process things. And instructing the Secretary of State, BLR, and all the various agencies involved on how that gap time, hopefully about six months’ worth will be while they’re transitioning everything over from the current process to the new online searchable database. More than happy to try and answer any questions.
Lt Gov Rutledge: Thank you, Senator. Does anyone have questions for Senator Dotson? Seeing no questions. Does anyone wish to speak against? Anyone wish to speak for? Senator Dotson, you’re recognized to close.
Sen Dotson: Appreciate a good vote.
Lt Gov Rutledge: Thank you so much. Is there any 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: Thank you. Do any senators who did not vote wish to vote or wish to change your vote at this time? Madam Secretary, please cast up the ballot. By a vote of 32 yea,zero nay, it is adopted. Transmit to the House. SB 98, Senator Wallace.
Madam Secretary: Senate Bill 98 by Senator Wallace. To amend the certificate for benefits for Burial Associations. And to clarify the percentage payable to substitute service providing funeral homes based on membership data, and proximity to the contract funeral home.
Sen Wallace: Governor.
Lt Gov Rutledge: Senator Wallace you’re recognized.
Sen Wallace: Members. Members, I’ll be carrying four bills this session for the funeral homes. And I think at my age that’s probably a good thing to do. This one, the first one, Senate Bill 98 simply clarifies the percentage payable from a substitute funeral home — or to a substitute funeral home from the, basically the funeral home on record. I’m going to expound on that. Years ago, my parent’s generation, folks would by a 4 or $500 burial policy. And they would carry that for years, and typically they paid $5 a year on that. There’s still a lot of those out there. You’re looking at a fella that has one of those. My mom and dad, 1953 took one out. My mom literally on her death bed made me promise that I would keep that up, so it’s still out there. So, one of these days my kids will use that $500 to maybe buy flowers by that time.
There’s two groups of funeral home directors that are working in conjunction with this. This bill is presented by the Arkansas State Board of Funeral Home Directors, Embalmers, Cemeteries and Burial Services. The other group association is the Arkansas Funeral Director Association. These two groups will work closely to each other, but they don’t always agree, but in this case on this bill they are in agreement. And again, what it simply does is it clarifies the percentage payable from the funeral home of record, to a substitute funeral home. Substitute funeral home being that if you move from Mississippi County to Craighead County, or to whatever county, the funeral there would do the service. They would receive the amount of the policy from the burial home of record. And I await your questions.
Lt Gov Rutledge: Any questions for Senator Wallace? Anyone with to speak against or for? Senator Wallace, you are recognized to close.
Sen Wallace: I’m closed, ma’am.
Lt Gov Rutledge: Any 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: Are there any senators who have not voted who would like to vote, or who would like to change your vote at this time? Madam Secretary, please cast up the ballot. By a vote of 32 Yeas, 0 Nays, it is passed. Transmit to the House. Senator Wallace, SB 99.
Madam Secretary: Senate Bill 99 by Senator Wallace. To amend the reporting requirements for Burial Associations.
Sen Wallace: Governor. Members. Very simple bill. Again, both groups of funeral directors agree and support this. It’s being presented by the State Burial — or Funeral Directors Board. Currently, there are, there’s a requirement to have two reports a year. January through June and then July through December. And what they want to do is move that to one calendar year from January to December. It’s that simple, and I stand by for your questions.
Lt Gov Rutledge: Any questions for Senator Wallace? Anyone wish to speak against or for? Senator Wallace, you’re recognized for a close.
Sen Wallace: I’m closed, ma’am.
Lt Gov Rutledge: No objection to rolling 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: Is there any senator who wishes to change his or vote, or who has not voted and wishes to vote? Please cast up the ballot. By a vote of 32 yeas, zero nay, it passed. Transmit to the House. SB 111. Senator Irvin.
Madam Secretary: Senate Bill 111 by Senator Irvin. To allow certain insurers to offer Family Leave Insurance.
Lt Gov Rutledge: Senator Irvin, you’re recognized.
Sen Irvin: Thank you, Madam Chair. Members, what this bill does is it allows for a new benefit to be created and offered by employers to cover family paid leave. Right now in the insurance code they’re not able to add this as a new item for them to be able to regulate through the Insurance Department and the Insurance Commissioner. So, all this does is really just allows for that new benefit to come into our regulatory system with the Department of Insurance and under
the Insurance Commissioner, and set this new benefit up as a potential new benefit that hopefully employes could or could not choose to use, basically. I like it because of the way it’s written it does allow for a family paid leave benefit for employers to cover that for their employees — if the employer decides to do that. Which encourages I think, people to adopt more children, take in foster care children, and things like that, so that it can be in partnership with their employers. So, I like that it’s including adoption and foster children into this language that was brought to me. This is also a bill that NCOIL, if those of you on Insurance and Commerce are familiar with NCOIL, National Conference of Insurance Legislators, but this is a bill that they have been very supportive of in the past. I’ll be happy to answer any questions.
Lt Gov Rutledge: Thanks, Senator Irvin. Does anyone have questions for Senator Irvin? Anyone wish to speak against or for? Senator Irvin you are recognized to close.
Sen Irvin: I’d appreciate a good vote.
Lt Gov Rutledge: Thank you. Is there any 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: Thank you. Is there anyone who did not vote who wishes to vote, or wishes to change your vote at this time? Madam Secretary, please cast up the ballot. By a vote of 32 yeas, zero nay, it is passed. Transmit to the House. SB 114, Senator Tucker.
Madam Secretary: Senate Bill 114 by Senator Tucker. To amend the filing of campaign filing 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.
Lt Gov Rutledge: Senator Tucker, you’re recognized.
Sen Tucker: Thank you, Madam President. This is a bill that cleans up an unintended consequence of a bill that we passed two years ago, that bill was to get rid of carryover funds. The way the law reads now is that, for any election where your name appears as a candidate on the ballot, you have to file your final campaign report. The way the language reads is, No more than 30 days after the end of the month in which your name appears on the ballot. Now, if you’re on a primary ballot in March that’s not a problem because you file your final report on April 30th. If you’re on a primary ballot in May that’s not a problem because you file your final report on June 30th. If you’re on a general election ballot, which of course a lot of people have been, then you file your report on December 30th.
Now, when we got rid of carryover funds two years ago what that did was, it left a one day gap of December 31st. And you may have experienced this a couple of weeks ago when you found out you had to file a 4th quarter report for December 31st only, a No Activity Report. So, what this bill does it changes the language from, no later than 30 days after the month is over to, the last day of the month of that, you know, the month after your name is on the ballot. So, that’s what the change is. Of course, I visited with the Ethics Commission and Graham Sloan about it. He wanted to be sure that if you’re raising or spending money for a future campaign then you still have to file a 4th quarter report for that purpose.
So, that’s the language in section 2. That came directly from Graham Sloan. The bill that passed two years ago they got rid of carryover funds. That was Representative Brian Evan’s bill, I visited with him about this, not only does he support this, as you can see in the bill he’s the House sponsor of this bill. So, it’s just cleaning up an unintended consequence from two years ago, so that we don’t get stuck with having to file a No Activity Report for December 31st only in future election years. So, that’s it, be happy to take any questions.
Lt Gov Rutledge: Thank you, Senator Tucker. Does anyone have questions for the Senator? Anyone wish to speak against or for? Senator, you are recognized to close.
Sen Tucker: Thank you, Madam President. I’m closed and I appreciate a good vote.
Lt Gov Rutledge: Thank you and I would remind the body that this does take 24 votes, because it is to change and amend rather an initiated act. With that, is there any opposition 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: Any senator who did not vote wish to vote or change a vote at this time? Please cast up the ballot. By a vote of 32 yea, zero nay SB 114 passed. Transmit to the House. SB 141, Senator Irvin.
Madam Secretary: Senate Bill 141 by Senator Irvin. To amend the Prior Authorization Transparency Act. And to clarify that a health care insurer from out of state is subject to Prior Authorization Transparency Act if that health care insurer has subscribers in this state.
Lt Gov Rutledge: Senator Irvin, you’re recognized.
Sen Irvin: Thank you. Members, really the title explains the bill. If you have subscribers in the state of Arkansas then — you should follow the laws of the state of Arkansas. It’s really what the bill does.
Lt Gov Rutledge: Does anyone have any questions for Senator Irvin? Anyone wish to speak against or for? Senator Irvin you are recognized to close.
Sen Irvin: I’m closed. Appreciate a good vote.
Lt Gov Rutledge: Is there any 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: Is there anyone who wishes to vote who did not vote, or who wishes to change your vote? Please cast up the ballot. By a vote of 32 yeas, zero nay, SB 41 passes. Transmit to the House. SB 180, Senator Dotson.
Madam Secretary: Senate Bill 180 by Senator Dotson. To amend the law to adopt certain terms and requirements established by the Governmental Accounting Standards Board.
Sen Dotson: Thank you Madam Chair, members. The title is exactly what the bill does. It changes the word comprehensive annual financial report to the annual comprehensive financial report to align with the Governmental Accounting Standards Board, the accounting the body that looks over how these terms are defined by state and local governments. So, it just brings us in-line, it’s a technical correction. I’m more than happy to answer any questions.
Lt Gov Rutledge: Any questions for Senator Dotson? Anyone wish to speak against or for?
Sen Dotson: Appreciate a good vote.
Lt Gov Rutledge: With that, any objection to rolling the vote? Madam Secretary, excuse me, 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: Anyone who has not voted wish to vote? Anyone wish to change his or her vote? Please cast up the ballot. By a vote of 32 yeas, zero nay, it passes. Transmit to the House. Madam Secretary, HB 1014, Senator Hammer.
Madam Secretary: House Bill 1014 by Representative Warren. To allow online training for training coroners. To provide for additional training courses for county coroners. And to provide that a person with a felony conviction is not eligible to be a deputy coroner.
Lt Gov Rutledge: Senator Hammer, you are recognized.
Sen Hammer: Thank you, Madam Chair. This bill is brought to you by the Coroner’s Association. They’d like to raise the standards as to who can handle the duties of being a coroner. It requires training in order to bring everybody to the same standard, especially given the sensitivity of the materials that they’re handling in the investigation of critical matters, when it might potentially end up in court for criminal charges. One of the issues that a few of you have asked about is regarding the prohibiting of someone being able to be a coroner that has a felony charge that’s mentioned on page 3. I’d just like to address that by reading this statement. “It provides acceptance of training programs offered by certified agencies approved by the American Board of Medical Legal Death Investigation for Training, not necessarily by ALETA or in Arkansas, but nationwide. And it provides as per the Coroner’s Association of Law Enforcement Officers and Jailers, it prohibits a person convicted of a felony from being deputy coroner.
So, they’re bringing in-line with the same expectations and standards of law enforcement officers, even down to the level of jailers. The same is true with law enforcement officers in Arkansas. Neither law enforcement officers or jailers can be in Arkansas be convicted felons. Coroners and deputy officers, like law enforcement officers and jailers, are positions of trust. Coroners and deputy coroners are entrusted with gathering evidence and investigating the cause and manner of deaths. Some deaths are suspicious deaths and part of criminal investigations. Coroners and law enforcement officers are both subject to cross-examination and witnesses, as they are evidence — as to the evidence they gather during an investigation and handled as part of the chain of custody.
Also, coroners and deputy coroners are authorized to assess crime scenes, which are in private residences and place of businesses, and they are charged with responsibility to confiscate drugs under a prescription and illicit drugs at the scenes of a death of crime. And so, basically the coroners are just wanting to raise the bar as far as the qualifications or of the training of which they are wanting to get to a higher standard. I’d be glad to answer any questions.
Lt Gov Rutledge: Thank you. Does anyone have any questions for Senator Hammer? Senator Payton, you’re recognized.
Sen Payton: Thank you, Madam President. Sorry I’m not up to speed, so I just may have a question or two.
Sen Hammer: Sure.
Sen Payton: The coroners that we’re talking about are elected, right?
Sen Hammer: Well, correct, but it would also apply to anyone in their offices I believe also.
Sen Payton: Okay. So, we elect a sheriff and he’s not required to meet the level of training that a law enforcement officer is required to have. Are you changing it to where a candidate for coroner would have to have training, or are we just talking about a felony?
Sen Hammer: No, it would change it to where the corners would also have to have the training separate from sheriff.
Sen Payton: So, they would not be able to appear on a ballot, register for the position and run for the position of coroner unless they had certain training and certification? I’m not sure that, that doesn’t go contrary to the Constitution. I don’t even think a Supreme Court Justice has to be a lawyer when they run.
Sen Hammer: I believe that once elected is when they would have to get the certification and the training after they’re elected.
Sen Payton: Would we have a time frame for that?
Sen Hammer: I don’t think it addresses it in here. I’ll tell you what I’d like to do Madam Chair if it’s permissible, I’d be glad to take any other questions, if I could step away and I’d ask that this be moved to the bottom of the agenda, let me get the answer to the Senator’s question. If we can bring it back at the bottom of today’s calendar.
Lt Gov Rutledge: I don’t have an objection. Without objection we’re going to move this to the bottom of the calendar.
Sen Payton: Okay, thank you.
Sen Hammer: Okay. All right.
Lt Gov Rutledge: …following Senator Chesterfield’s bill. HB 1024, Senator McKee.
Madam Secretary: House Bill 1024 by Representative Ray. To amend the law governing the creation of designated entertainment districts.
Lt Gov Rutledge: Senator McKee, you’re recognized.
Sen McKee: Thank you, Madam Chair. Colleagues, thank you. Act 812 of 2019 set up the frame work for local entity, a city municipality, or incorporated town to have an entertainment district under certain conditions. One of these conditions listed in the law was that the local entity must first levy an advertising and promotions tax in order to establish this district. This bill simply removes that requirement. One of the things we’d like to do is return this decision to the local policy makers. Whether or not you impose a tax on your city should be a decision of those local people, and this bill simply removes that requirement. With that, I’ll take any questions.
Lt Gov Rutledge: Any questions for Senator McKee? Senator Leding, you’re recognized.
Sen Leding: Thank you. Is it too late to cosponsor this legislation? [laughter]
Sen McKee: Never.
Sen Leding: Thanks.
Lt Gov Rutledge: Senator Hester, you’re recognized.
Sen Hester: Is this an anti-tax bill or a pro alcohol bill?
Sen McKee: This is a bill meant to return control to the local level. It’s anti-tax bill. Any time I can give the citizens in Arkansas a chance to avoid a tax, I’m going to do that.
Lt Gov Rutledge: Senator Petty?
Sen Petty: So, just to be clear, this does not create a new law that allows the state and local jurisdictions to create these entertainment districts? That happened in 2019, this only allows us to bifurcate the tax that was in that previous law?
Sen McKee: That’s correct. All of the other conditions set to form one of these districts remain in place.
Sen Petty: So, in essence, a local jurisdiction had to have a tax, and so they could tax the hamburgers at the Happy Meals and whoever paid the tax never frequented the entertainment district.
Sen McKee: One of the negative things about this tax is that the entire city or municipal area pays the tax. It’s not just those things and businesses located within that entertainment district.
Lt Gov Rutledge: Senator Hill, you’re recognized.
Sen Hill: Looking at this bill, how do the Family Council and your local churches feel about this?
Sen McKee: I did not speak to my local churches. The Family Council was not in favor of this bill.
Lt Gov Rutledge: Any other questions? Senator Davis, you’re recognized.
Sen Davis: So, Senator McKee, would you say that if you vote for this bill you are anti-tax, and if you vote against this bill you are pro-tax?
Sen McKee: Senator Davis, I would not presume to know anyone’s intentions when voting for this bill. What I would say is that I’ve had several people come to me and say that they’re afraid if we remove the requirement to have a tax, that many of the cities within their jurisdiction will rush to create entertainment districts, in contradiction of the values of the people that they represent. So, what that tells me is that the local official in their districts do not represent the people of their cities and communities. And I don’t believe that’s the case. What this bill does is returns that decision to the local level. It gives them the option, Yes, we want to have a tax, and the people will vote on it, or No, we don’t want need a tax in order to — promote tourism and business within our community. And this just gives that decision back to the local people, and it takes it out of our hands. And that’s something I’m always in favor of, returning control to the local level.
Lt Gov Rutledge: Other questions? Senator Payton, you’re recognized.
Sen Payton: Thank you. Does it require a majority vote in order to form one of these districts?
Sen McKee: No. I believe the entertainment districts can be formed by the people that represent these municipalities locally.
Sen Payton: So, the district can be formed without –?
Sen McKee: Currently it requires a vote to pass the tax. What we’re doing is removing that, but as I understand it, municipalities can set up — your city council could decide to create an entertainment district based on the existing criteria.
Sen Payton: Without any consent of the people that live in that district?
Sen McKee: Their consent is every two years at their election.
Sen Payton: I agree. Thank you.
Sen McKee: Yes, sir.
Lt Gov Rutledge: Other questions? Anyone wish to speak against? Anyone wish to speak for? Senator Davis, you’re recognized. Senator Davis is speaking for.
Sen Davis: Thank you, members. This bill if y’all remember, we passed something similar, not similar, sorry, but we passed something in 2021 that allowed entertainment districts in dry counties. This has nothing to do with that or expanding entertainment districts across the state. This is simply a bill that says having an entertainment district should be contingent on whether or not the city council approves it, which is within their role as elected city council members. This is simply a bill saying there should not be a tax that you have to have in order to have an entertainment district in your area. So, this is simply good policy. As many conservatives across the Senate floor right now, we are anti-tax and we want to pass policies that encourage growth, economic development in our local communities, and that’s exactly what this bill will do.
It will let the tax requirement go away and communities can pass an A&P tax if they so choose, but it will not be contingent on whether or not there’s an entertainment district. There’s a specific process set in place for communities go through to have an entertainment district. We need to let that be its own process, and not force taxes on people and communities that don’t necessarily want an A&P tax. So, this is good policy, this is good anti-tax policy, and I encourage all of you to vote yes on this bill. Thank you.
Lt Gov Rutledge: Anyone wish to speak against? Anyone wish to speak against or for? Senator McKee, you’re recognized to close.
Sen McKee: Closed for the bill, I’d appreciate a good vote.
Lt Gov Rutledge: Is there any objection to rolling the vote?
Madam Secretary: There’s an objection [inaudible].
Lt Gov Rutledge: Objection, Senator Stubblefield. And Caldwell. So, Madam Secretary, please call the roll.
Madam Secretary: Boyd. Bryant. Caldwell. Chesterfield. Clark. Clark. Crowell. Crowell. Davis. Dees. Dismang. Dotson. Dotson. English. Flippo. Flippo. Flowers. Flowers. Gilmore. Gilmore. Hammer. Hammer. Hester. Hickey. Hill. Irvin. Blake Johnson. Blake Johnson. Mark Johnson. King. Leding. Love. McKee. Murdock. Payton. Penzo. Petty. Rice. Rice. Stone. Stone. Stubblefield. Stubblefield. Sullivan. Tucker. Wallace.
Lt Gov Rutledge: Any senators who have not voted who wish to vote? I see Senator Dotson, yes. Senator Crowell, yes. Any one wish to change a vote? Senator Hammer?
Madam Secretary: No.
Lt Gov Rutledge: He’ a no. Anyone else? Senator Clark’s, no. Senator Gilmore, yes. Anyone else? Cast up the ballot. By a vote of 24 yea, 2 nay, 4 not voting, 2 present, it passes. Transmit to the House. Or rather return to the House. HB 1040, Senator Dotson.
Madam Secretary: House Bill 1040 by Representative Ray. To repeal the Arkansas Legal Insurance Act.
Lt Gov Rutledge: Senator Dotson, you’re recognized.
Sen Dotson: Thank you, Madam Chair. Members, this bill does a very simple thing. Back in the 1970s this law was written, it was I guess, a popular thing at the time to start licensing the issuance of legal plans. And they’re really not an insurance product, but that’s where they put them in the code. And so, 33 states never required a license like this and in Arkansas it’s simply an administrative function. There’s no testing, there’s no training. It’s just collecting a fee by government, and so, this would repeal that. Arkansas is one of only seven states that still has this on the books. There were four states that have recently pulled — or pulled their license or repealed their licenses. And so, I’m unaware of any opposition to this, and would appreciate a good vote.
Lt Gov Rutledge: Any questions for Senator Dotson? Anyone wish to speak against or for? Senator Dotson, you wish to close? Any 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: Anyone wish to vote who has not voted or wish change your vote at this time? Please cast up the ballot. By a vote of 32 yeas, zero nays, the bill passes. Return to the House. Senator Payton, HB 1099.
Madam Secretary: House Bill 100 by Representative A. Collins. To specify the time within with one may seek an opinion from the Attorney General, or whether the decision of a public records custodian regarding the release of certain public records is consistent with the law.
Lt Gov Rutledge: Senator Payton, you’re recognized.
Sen Payton: Thank you, Madam President. Colleagues, I think we’re going to — I’m going to ask you to pass over this one for today, save it for a sunny day. I have a concern that was raised and I think we can resolve it overnight. So, hopefully we’ll be here tomorrow. I’d appreciate it if we’d pass over it and put it on tomorrow’s calendar. Thank you.
Lt Gov Rutledge: Thank you, Senator. HB 1123, Senator Hammer.
Madam Secretary: House Bill 1123 by Representative Vaught et al. To amend laws concerning concealed carry permits. And to authorize an individual who has sought voluntary mental health treatment to obtain a concealed carry permit after a certain time period.
Lt Gov Rutledge: Senator Hammer, you’re recognized.
Sen Hammer: Thank you, Madam Chair. What this bill does is if you voluntarily submit yourself to a facility for mental health and then you’re released, and this is on a volunteer basis, it would create a pathway forward for you to be able to have your concealed carry permit restored. The question of why it is on page 2 that the conversation around the veterans was removed is because this is the practice that’s already in place for the veterans, and so it was not needed in this bill. That’s why it was stricken from there, and it does not threaten their ability to get their concealed carry back. Be glad to answer any questions.
Lt Gov Rutledge: Anyone have any questions for Senator Hammer? Anyone wish to speak against or for? Senator Hammer you’re recognized to close.
Sen Hammer: I’m closed, appreciate a good vote.
Lt Gov Rutledge: Any 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: Anyone wish to vote or change his or vote at this time? Please cast up the ballot. By a vote of 32 yeas, zero nay, the bill passed. Please return to the House. HB 1147, Senator Hester.
Madam Secretary: House Bill 1147 by Representative Vaught. To amend the real estate license law, and to create an exemption for Arkansas licensed residential construction companies.
Lt Gov Rutledge: Senator Hester you’re recognized.
Sen Hester: Thank you, Madam President. I want to start by Senator Penzo, someone in the House is in needing you for the next four or five minutes. If you wanted run down there? [inaudible] Thanks. But what this does, this allows for an exemption for someone that — it’s very narrowly defined, someone that builds new homes only. And someone that builds new homes and has a real estate broker that is employed at their company, they can hire sales agents that can represent them, that do not have to have a real estate license. And just give you a kind of what — this is not solely exclusive to this, but the example would be, someone developing an entire subdivision. They build a model home up-front. Someone that can sit in that model home, you know, seven days a week, and if somebody comes in and wants to see a home, it allows them to go out and see the home and help then through that process.
But to be very clear, a company that only builds new homes and already has a licensed real estate broker employed at their company, that will oversee these, what we’re calling just sales agents. That agent, or not sales agent, that salesperson, they cannot represent a buyer. They cannot represent anyone outside of the company that they’re working for. Anyway, this was, been worked on for a couple of years and this was the consensus that we made.
Lt Gov Rutledge: Any questions? Senator Hammer, you have a question?
Sen Hammer: Thank you, Madam Chair. Senator Hester, I’ve got mixed reviews depending on who sent me what email. So, a couple of questions, if you don’t mind to clarify a couple of things. So, a company maybe sells 500 homes a year and they’re going to have a broker. Is there a ratio of the number of brokers to the number of agents? Or would like, one broker substitute for a company that sells homes all over the state, and just that one broker is going to be responsible for all those agents?
Sen Hester: I think that one broker could be responsible for all of those agents.
Sen Hammer: Does that conform with the same expectations and guidelines that Realtors are held to, that a single broker could have multiple realtors all over the state?
Sen Hester: Well, I know a single broker can have unlimited amount of realtors, but I don’t know your exact question about all over the state. I don’t believe that a broker can oversee somebody through all over the state. But this particular broker that whatever, worked for this company would be absolutely responsible for any salespersons that he hires.
Sen Hammer: Okay. And that would be the next question, if something goes wrong with the purchase, and I read that, you know, it has to be declared on the front-end if somebody comes in to buy a home, that they have to be notified that the broker, the agent’s working for them. So, if something goes wrong in the deal, who’s going to be ultimately held responsible in civil litigation? Would it be the broker, the employee, or the construction company that’s selling the homes?
Sen Hester: Well, the same person that’s always responsible, it’s the home builder. They’re always civilly responsible if they don’t honor their end of the bargain.
Sen Hammer: Okay.
Sen Hester: And then, I’ll tell you something that helped this come together. We’re talking about bigger companies, if they’re not treating someone right, trust me, there’s lawyers that will line up a mile long to go after these people. All right, and that these are big companies that simply by the fact that they are bigger companies, and they don’t have to be bigger companies, but I think that’s what we’re talking about. If they’re not treating someone right, lawyers will line up a mile long to represent someone.
Sen Hammer: All right. Last thing is Relators Association approved this bill or are they okay?
Sen Hester: The Relators Association approved this bill. Yes, that’s correct.
Sen Hammer: All right. Thank you.
Lt Gov Rutledge: Any other questions for Senator Hester? Anyone wish to speak against? Anyone wish to speak for? Senator Hester, you’re recognized to close.
Sen Hammer: I’m closed.
Lt Gov Rutledge: Any 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: Anyone wish to change the vote? I see Senator Penzo changed to, no. Anyone else wish to change vote? Seeing none, please cast up the ballot. By a vote of 32 yea, 1 nay, passes. Return to the House. Senator Chesterfield, you are recognized.
Sen Chesterfield: Thank you, Madam Chair. Ladies and Gentleman of the Senate, I move to suspend the rules to place SB 59, which is on today’s calendar, on second reading for purposes of amendment. It is my bill and my amendment. I’d appreciate a good vote. And it’s Jimmy Hickey’s fault. [laughter]
Lt Gov Rutledge: All those in favor of suspending the rules, please signify by saying aye. Any opposed? Ayes have it. Rules are suspended.
Sen Chesterfield: Yes. Madam Chair?
Madam Secretary: Amendment to Senate Bill 59.
Sen Chesterfield: I move the amendment to Senate Bill 59.
Lt Gov Rutledge: Any questions? All those in favor of the amendment signify by saying aye.
Sen Chesterfield: Senator Stubblefield had an amendment, Madam Chair.
Madam Secretary: A question.
Sen Chesterfield: A question. I’ll share it with him offline.
Lt Gov Rutledge: Senator Stubblefield, you are recognized in the middle of this vote.
Sen Chesterfield: It’s a simple amendment in line — If I may, Madam Chair? In line 25, it says “without limitation” in the original bill, and we’re changing that to say, ‘which shall include,’ that’s it.
[inaudible]
Sen Chesterfield: Do what now?
[inaudible]
Sen Chesterfield: Yes, it is and I appreciate that. I was trying to appease someone who pointed out something that for a change made sense. Thank you, Mr. Chair.
Lt Gov Rutledge: All those in favor of the amendment please signify by saying aye. Any opposed? The Ayes have it, amendment passes. Send to Engrossing. Senator Hammer, you’re recognized.
Madam Secretary: House Bill 1014 by Representative Warren. To allow online training for county coroners. To provide for additional training courses for county coroners. And to provide that a person with a felony conviction is not eligible to be a deputy coroner.
Lt Gov Rutledge: Senator Hammer, you’re recognized.
Sen Hammer: Thank you. I’m sure none of you have ever gone down the interstate and gotten off at the wrong exit only to have to get back on. So, I’m getting back on the right track. I got off on the wrong exit while I go apologize. So, let me bring some clarification to this bill. What this bill does is create a pathway forward for where coroners and deputy coroners can have enhanced training, and it be recognized as enhanced training so that they go through the protocol, they go through the training, then they would be qualified to get the enhanced pay to go with it. It is all intended to raise the bar as far as the expectation of the coroners and the job that they do, and give them a recognized pathway forward. With regards to, for the training of coroners or deputy coroners it applies to both. It in no way requires or doesn’t put any stipulation on anybody that would want to run for a coroner’s position.
I will say this, on the felony though, it does drop down and it does prohibit a deputy coroner from being able to be a deputy coroner, because they would have a felony on their record. As far as the question of the coroner themself, they can’t run anyway if they’ve got a felony, because it’s precluded for them to be able to run for office with a felony. Hope that brings some clarity to it, and I’ll be glad to answer any other questions.
Lt Gov Rutledge: Any other questions for Senator Hammer? Seeing none, anyone wish to speak against or for? Senator Hammer, you’re recognized to close.
Sen Hammer: Thank you, Madam Chair. Sorry for the confusion earlier, I hope that helps and brings some clarity to it. And I apologize for getting off at the wrong exit. Thanks.
Lt Gov Rutledge: Thank you, Senator. Any 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: Anyone wish to vote or change their vote? I see Senator Tucker votes nay. I see Senator Dotson, nay. I see Senator Wallace, nay. Senator Penzo, nay. Anyone else? Anyone else? If not, please cast up the ballot. By a vote of 28 yea, 4 nay, passes. Return to the House. Senator Penzo, you’re recognized.
Senator Penzo: Thank you, Madam President. The Senate Rules Committee met on Monday, January 23 to discuss all of former Governor Hutchinson’s remaining gubernatorial appointments. On your desk you will find three lists. The names on list one were all approved in Committee by way of batch votes. We will therefore vote these appointments as a single batch on the floor. I’ve had one request to remove from the batch Jimmy Warren, he’s on the bottom of page five. Are there any other names on list one that anybody would like to be pulled for a separate vote?
Lt Gov Rutledge: Senator Love?
[inaudible]
Lt Gov Rutledge: I’m sorry Senator Love, I’m having a hard time hearing you. Thank you.
Sen Love: Dexter Booth. I’d like Dexter Booth for a second vote.
Sen Hammer: He’s on the second list, I believe. So, that will be — or he’s on the list three.
Sen Love: I’m sorry.
Lt Gov Rutledge: Anyone else?
Sen Penzo: Madam President, I move the Senate confirm list one of appointments all excluding Jimmy Warren all who — whom were approved by the Senate Rules Committee.
Lt Gov Rutledge: Any questions? Any for or against? All those in favor signify by saying aye. Any opposed? It is approved.
Sen Penzo: Thank you, members. The names on list two, Donald Perry and Doug Smith were also confirmed by the Senate Rules Committee, but were voted on separately named in list one. We will therefore vote those individuals separately on the floor. Madam President, I move the Senate confirm Jimmy Warren.
Lt Gov Rutledge: Anyone wish to speak against or for? Senator Hester, you’re recognized.
Sen Hester: I have a substitute motion, if it’s appropriate? I have a motion that we not conform Jimmy Warren.
Lt Gov Rutledge: So, at this time we’re taking up Senator Hester’s motion to not approve Jimmy Warren. Anyone wish to speak for or against? Senator Tucker, you’re recognized —
Sem Tucker: Question.
Lt Gov Rutledge: For a question. Is this a question directed at Parliamentarian? Senator Penzo? Senator Hester?
Sen Tucker: Senator Penzo.
Lt Gov Rutledge: Okay.
Sen Tucker: Senator Penzo. I thought we were on list two, and I just don’t see where we are.
Sen Penzo: Well —
Sen Tucker: Jimmy Warren.
Sen Penzo: I guess I moved Jimmy Warren to list two because that’s the individual votes.
Sen Tucker: Oh. Okay.
Sen Penzo: My apologies.
Sen Tucker: But he’s listed on list one.
Sen Penzo: But we just pulled him from list one —
Sen Tucker: Right.
Sen Penzo: –to move the other ones on. So, now —
Sen Tucker: Okay. Thank you.
Sen Penzo: Yeah.
Lt Gov Rutledge: Senator Chesterfield, you’re recognized.
Sen Chesterfield: Thank you Madam Chair. Through the Chair to Senator Hester, could you please explain the motion?
Lt Gov Rutledge: Senator Hester, you’re recognized to answer Senator Chesterfield’s question.
Sen Hester: Yeah. It’s a personal choice after review of these members. I want to vote no, and do not believe that we should confirm him for this position.
Lt Gov Rutledge: Senator Chesterfield, you’re recognized.
Sen Chesterfield: Madam Chair. While it might be personal, but you’re asking us as a public body to say no to a recommendation from a standing committee. And if you’re not comfortable saying why, that’s fine, but it would seem to me you would be able to give us rationale for not approving the Committee’s recommendation, that’s all I’m asking.
Lt Gov Rutledge: Senator Hester, you’re recognized to respond if you wish.
Sen Hester: [inaudible]
Lt Gov Rutledge: It’s an appropriate motion, so.
Sen Chesterfield: [inaudible]
Lt Gov Rutledge: So, yeah. So, Senator Hester has made an appropriate motion to substitute to vote not to approve Jimmy Warren.
Sen Chesterfield: [inaudible]
Lt Gov Rutledge: Correct. We are only considering —
Sen Chesterfield: Yeah.
Lt Gov Rutledge: Jimmy Warren, not to approve Jimmy Warren and taking just that up at this time.
Sen Penzo: [inaudible] We’re voting on the immediate consideration first not [inaudible]?
Lt Gov Rutledge: Right. So, now, motion for immediate consideration. All those in favor say aye. Any opposed? Ayes have it. All those in favor of not confirming Jimmy Warren, signify by saying aye. Any opposed? Ayes have it. Jimmy Warren is not confirmed. Senator Penzo, back to you.
Sen Penzo: Madam President, I move the Senate Confirm Donald Perry’s appointment to the State Board of Licensure for Professional Engineers and Professional Surveyors.
Lt Gov Rutledge: Are there any questions? Senator Wallace, you’re recognized.
Sen Wallace: By doing this, are we not approving Doug Smith?
Sen Penzo: He’ll be next.
Sen Wallace: All right.
Sen Penzo: Separate vote.
Lt Gov Rutledge: Any other questions? All those in favor of approving — or the confirmation of Donald Perry’s appointment to the State Board of Licensure for Professional Engineers and Professional Surveyors signify by saying aye. Any opposed? Ayes have it, he is confirmed. Senator Penzo, you’re recognized.
Sen Penzo: Madam President, I move the Senate confirm Doug Smith’s appointment to the Parole Board.
Lt Gov Rutledge: Any questions? Anyone wish to speak for or against? All those in favor of confirming Doug Smith to the Parole Board, signify by saying aye. Any opposed? In the chair’s opinion it fails.
Male Speaker: Roll call vote.
Lt Gov Rutledge: Roll call has been requested. I see 1, 2, 3, 4, 5. Madam Secretary, please call the roll.
Madam Secretary: Boyd. Boyd. Bryant. Caldwell. Chesterfield. Chesterfield. Clark.Crowell. Crowell. Davis. Dees. Dismang. Dismang. Dotson. English. English. Flippo. Flippo. Flowers. Flowers. Gilmore. Gilmore. Hammer. Hammer. Hester. Hester. Hickey. Hill. Irvin. Blake Johnson. Mark Johnson. King. King. Leding. Love. McKee. Murdock. Murdock. Payton. Penzo. Petty. Rice. Stone. Stone. Stubblefield. Stubblefield. Sullivan. Tucker. Wallace. .
Lt Gov Rutledge: Any senators who did not vote and wish to vote at this time? I see Senator Hester, yes. Senator Caldwell, yes. Senator Hammer, yes. Senator Boyd, yes. Senator Crowell, yes. Senator Murdock, yes. Oh, Senator Hammer is a no. Senator Stubblefield is a yes. Anyone else? Please cast up the ballot By a vote of 17 yea, 10 nay, 5 not voting, confirmation fails.
Sen Penzo: Thank you, members. The appointments on list three were not approved in Committee, and are therefore not being submitted to the full Senate for confirmation. Accordingly, without objection, the appointments on list three are not approved and therefore deemed vacant.
Lt Gov Rutledge: Senator Hester, do you have a question? I’m sorry, Senator Love.
Sen Love: Thank you Madam Chair. I’d like to make a substitute motion that we would reconsider Dexter Booth at this time, move him to approved.
Parliamentarian: Is this one that was not approved by the Committee?
Sen Penzo: Correct.
Parliamentarian: It’s not approved by the Committee so it takes 24 votes and [inaudible]
Sen Penzo: Okay.
Lt Gov Rutledge: Okay.
PArliamentarian: He wants to bring it to the floor (inaudible).
Lt Gov Rutledge: All right.
Parliamentarian: Since it’s not approved in Committee (inaudible) .
Lt Gov Rutledge: So, the motion by Senator Love is to suspend the rules, so that way we may take up Dexter Booths confirmation. So, all those in favor of suspending the rules signify it as saying aye. Any opposed? Motion fails. Any other business? Senator Hester, you’re recognized.
Sen Hester: I make a motion that we expunge the vote by which Doug Smith was not confirmed.
Lt Gov Rutledge: Any questions? Anyone wish to speak for or against? Senator Sullivan.
Sen Sullivan: What is the threshold for that vote?
Parliamentarian: Twenty-four.
Lt Gov Rutledge: Twenty-four. Senator Wallace, you’re recognized.
Sen Wallace: Are we allowed to speak on this bill, this motion?
Lt Gov Rutledge: Yes.
Sen Wallace: May I come down to the well?
Lt Gov Rutledge: You may.
Sen Wallace: Members, sometimes politics is a full contact sport. Doug Smith is from my county, I rode with him when he was a police officer. He did a wonderful job for many, many years. We’re looking at his actions, some of us are, because he supported and did the biding of the individual he was working for. And I would say to you, we shouldn’t hold that against an individual. The actions he took, which have upset some individuals, he was performing his duty. He was carrying the water for his governor. Doug Smith as an experienced police officer is a great edition to the Parole Board. He will represent us well for many years. And I would ask that you expunge this vote and that we revote on Doug Smith. Thank you.
Lt Gov Rutledge: Thanks, Senator Wallace. Anyone wish to speak against expunging the vote? Senator Sullivan, you’re recognized.
Sen Sullivan: Thank you, Governor. Folks, it’s not the job you do, it’s how you go about the job. And there’s a way to go about it where you’re up front and straightforward, and there’s a way to go about where you work behind the scenes without addressing people. So, I understand doing the bidding of your boss or doing the bidding of those you work for, but there’s a way to go about that. And not going about it in the right way, there’s a cost to that, and I’d appreciate if no vote.
Lt Gov Rutledge: Anyone wish to speak for? Senator Irvin, you’re recognized.
Sen Irvin: Members, I’m speaking for Senator Hester’s motion and this is why. In 2010, we did not have a majority as a Republican body. In 2010, I was up against every single odd to win a senate district race in northeast — North Central Arkansas. It had never been held by a Republican before since Reconstruction. It had never been held by a woman. It had never been held by anybody from Stone County, which is a poor county in the middle of North Central Arkansas. The 1st congressional district had never been held by a Republican either. And if you’ll remember, in 2010, Representative Rick Crawford ran for that seat against a slew of other folks. And the reason why that area of the state of Arkansas — And I appreciate my Democrat colleagues that did vote in favor of this appointment, and I hope that you will continue to vote in favor of this appointment. Because what I’m discussing to you is about what I experienced personally, but what I experienced personally was an individual who believed in Tim Wooldridge and helped him in his primary, he was running as a democrat, but then also voted and helped Rick Crawford, who ran as a republican in his race.
And so, this individual, Doug Smith helped me get elected when all the odds were against me. He drove me in his car, he was loyal to me, he advised me. He introduced me to everybody and he was nonpartisan in the way he went about doing that. And he was a great friend to me. He helped me tremendously at a time where there weren’t a lot of people that were helping me at that time. And so, for that I am very grateful to him. He was from the area and lived in Sharp County in Strawberry, Arkansas, and did everything in his power to help people that he believed in and people that he helped, and I honor that. And I know he would do a fabulous job in this position. So, I’m speaking in favor of this motion. I’m hope you will vote for the motion to expunge.
Lt Gov Rutledge: Thank you. Anyone else wish to speak in opposition to the motion to expunge. Anyone else wish to speak for? Senator Hill, you’re recognized.
Sen Hill: Colleagues, I’d like for y’all to look at the human side of this. This man quit a job to take this position on this board. I’d appreciate a good vote. He’s just like everyone one else, he has bills to pay, he has a family to support. Look at the human side. And it is not his fault that at the last special session we had, that he did not get voted on at that point because of some rules that took place. He would have been confirmed last time during that special session. So, I’d appreciate a good vote on this.
Lt Gov Rutledge: Anyone wish to speak against? Senator Clark.
Sen Clark: Senator Linda Collins can’t he here today. One, she’s not in the Senate, two, she’s not with us here on this earth anymore. She shared a lot with me about how she was undermining her district. But, beyond that, I am really struck by your humanity and your compassion today.
Lt Gov Rutledge: Anyone else wish to speak for? Senator Payton, you’re recognized.
Sen Payton: Thank you, Madam President. Colleagues, I’d like to speak for the expungement just to give everybody the chance maybe to think this over and mill it around, and converse with each other, and vote on it at a later date. But I’m speaking in favor of the confirmation of the appointment, because I’ve gotten to know Doug Smith, and I want to stop the revolving door. And in business, when you hire people to do a job you put their aces in their places. And there may be a lot of jobs that I wouldn’t recommend Doug Smith for, but if want to stop the revolving door and put somebody on the Parole Board that will do a good job, I can’t think of anybody better. Now if I chose to remember and to dwell on all the offenses that everybody has ever dealt me in my business life and in my personal life, and especially in my political life, I couldn’t vote for much of anything in this chamber, if I wanted to focus on the offenses.
And where I grew up, loyalty was an asset not an offense. And you know, sometimes I disagree vehemently with some of my Democrat colleagues, but knowing that they full heartedly believe in their argument and what they’re doing, I respect that. And if you’re going to choose to focus on the offenses and not put an ace in his place, I’m telling you he’ll do a great job on the Parole Board. And I would appreciate if we could expunge this vote so everybody could reconsider that overnight. Thank you.
Lt Gov Rutledge: Anyone wish to speak against? Senator Dotson, you’re recognized.
Sen Dotson: Thank you, Madam Chair. I appreciate everything that’s been said on both sides on this particular one. We’re speaking to the motion of expungement, and I would just ask you to vote against this motion to expunge. As Senator Sullivan said, there is a way in which you go about conducting business. I understand representing folks. I represent a lot of them myself as do we all here, but there’s a manner in which you go about doing it, and the previous employer, I worked very closely with many staff there. But I don’t think over the course of eight years there’s a consistent pattern of behavior with this particular individual that I cannot condone and do not support, and hope that you’ll vote this down.
Lt Gov Rutledge: Anyone else wish to speak for or against? Senator Hester, oh, Senator Penzo rather, you’re recognized to speak against motion.
Sen Penzo: I just wanted to correct a comment that was made by Senator Hill; I’m sure it was a mistake. But this confirmation letter’s one of the last batches that came in. It was one of the top 12 that we did, it should have been with the first 50. So, that confirmation letter was one of the stragglers that came in as we were heading down to the end of the hall. He was not appointed prior to the special session when — there was passed over. It’s not on the list. September, I believe it was possibly the date, and it came it, it was one of the letters that came over, it was after I’m confident. So, I just wanted to correct that, I’m sure it was an honest mistake. And I just wanted to ask everybody to vote against the motion to expunge.
Lt Gov Rutledge: Anyone else wish to speak for or against? If not, Senator Hester, you’re recognized to close.
Sen Hester: And members, you know, this motion was super close and I think we know that if we weren’t experiencing the weather today and if we had four people that are on leave, and one person that should have been on leave if I had asked like I was supposed to, that we would have reached 18. I recognize that everybody in this room knows why they’re at and where they’re at on that, and the votes may be where they were. I just feel if we weren’t in a weather situation right now, this would have probably been through, but anyways, that’s it, I’m closed.
Lt Gov Rutledge: All right. And a reminder, this motion to expunge requires 24 votes. All those in favor of expunging the vote please signify by saying aye. All those in favor signify by saying nay. It’s the opinion of the chair the Ayes have it. Roll call has been requested. I see enough hands, Madam Secretary, please call the roll.
Madam Secretary: Boyd. Bryant. Caldwell. Chesterfield. Clark. Crowell. Davis. Dees. Dismang. Dotson. English. English. Flippo. Flippo. Flowers. Gilmore. Hammer. Hester. Hickey. Hill. Irvin. Blake Johnson. Blake Johnson. Mark Johnson. King. Leding. Love. McKee. Murdock. Payton. Penzo. Petty. Rice. Rice. Stone. Stone. Stubblefield. Sullivan. Tucker. Wallace.
Lt Gov Rutledge: Any senators who did not vote who wish to vote or change a vote at this time? Seeing none, please cast up the ballot. By a vote of 21 yea, 8 nay, three not voting, the motion to expunge fails. Any other business? Point of information’s been requested by Senator Chesterfield.
Sen Chesterfield: Thank you. Madam Chair, we have resumed having Pages this year, and I’m trying to find out if there’s a deadline to turn in a list of those individuals whom we would like to serve as pages?
Lt Gov Rutledge: There is not a deadline.
Sen Chesterfield: There is not a deadline.
Lt Gov Rutledge: So we welcome those Pages.
Sen Chesterfield: And to whom do I give it? I went to the Page desk and they were wise and didn’t come in. Thank you. I’ll give it to you.
Lt Gov Rutledge: Thank you, Senator Chesterfield. And Senator Hester you’re recognized.
Sen Hester: Members, I think you may get tired of me. I recognize it because this is a rule and not a law. I can do a motion to reconsider, which would just be 18 votes. Can we do that? Can I do it Monday again if I chose to?
Parliamentarian: Today or tomorrow.
Sen Hester: Today or tomorrow.
Parliamentarian: [inaudible]
Sen Hester: Okay.
Parliamentarian: [inaudible]
Sen Hester: So, tomorrow is the next — what if it was inclement weather tomorrow? Would tomorrow mean Monday?
Parliamentarian: No. I think there’d be a legislative date if we’re not here —
Sen Hester: Mm-hmm.
Parliamentarian: Assuming that we’re here in session. But if we’re not here [inaudible].
Sen Hester: Thank you.
Lt Gov Rutledge: Any items across the desk?
Madam Secretary: Yes, Madam President. We your Committee on Engrossed Bills, to whom was referred Senate Bill 71 by Senator Sullivan carefully compared the engrossed copy with the original and find the same correctly engrossed.
Lt Gov Rutledge: Calendar.
Madam Secretary: Madam President, we your Committee on Engrossed Bills, to who was referred Senate Bill 59 by Senator Chesterfield, report that we have carefully compared the engrossed copy with the original, and find the same correctly engrossed.
Lt Gov Rutledge: Calendar.
Madam Secretary: [inaudible] to Committee. What Committee was this at? This goes back to
Judiciary.
Lt Gov Rutledge: Judiciary. Any other announcements at this time? Senator Hester, do you have any announcement?
Sen Hester: Yes. Thank you. Members, weather is looking like it’s going to be rough. Like I told you earlier, I’m going to get with the Speaker when they’re out of session and we’re out of session, we’ll make a decision as quickly as possible. I know, because I know if we’re going home people would just get on the road, but I promise I’ll make a decision as quickly as possible. Thank you. And Sabrina will text everyone. Thank you.
Lt Gov Rutledge: The Senate stands in adjournment subject to clearing of the desk.