Feb. 6: Senate transcript

94th General Assembly, Senate, Transcripts

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Senate 

Feb. 6, 2023

 

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Lt Gov Rutledge The Senate will now be called to order. Any requests for leave at this time? Senator Hill, you’re recognized.

 

Sen Hill Senator Irvin leave, please?

 

Lt Gov Rutledge Anyone else? All right. Seeing none, 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. Peyton. Penzo. Petty. Rice. Stone. Stubblefield. Sullivan. Tucker. Wallace.

 

Lt Gov Rutledge Okay, Thank you, Madam Secretary. And if everyone in the chamber and in the galleries would please rise for a prayer led by Senator Blake Johnson followed by the Pledge of Allegiance.

 

[prayer and Pledge]

 

Lt Gov Rutledge Ladies and gentlemen in the galleries, welcome to your Arkansas State Senate. It is our expectation that each of you will exercise proper decorum and govern yourselves accordingly during today’s proceedings. Without objection, the rules will be suspended and the Senate will dispense with the reading of the journal. The morning hour has now begun. Are there any announcements or introductions at this time? Madam Secretary, are there items at the desk?

 

Madam Secretary Yes, Madam President. Dear Madam President, this is to inform you that on January 26, 2023, I reviewed and approved the following measures from the legislative session of the 94th General Assembly. Senate Bill 10, Act 9. Senate Bill 12, Act 8. Senate Bill 46, Act 10.

 

Lt Gov Rutledge File.

 

Madam Secretary Dear Madam President, this is to inform you that on January 30th, 2023, I reviewed and approved the following measures from the legislative session of the 94th General Assembly. Senate Bill 13, Act 14. Senate Bill 14, Act 15. Senate Bill 19, Act 16. Senate Bill 21, Act 17. Senate Bill 28, Act 18. Senate Bill 63, Act 19.

 

Lt Gov Rutledge File.

 

Madam Secretary Dear Madam President, we your Committee on Enrolled Bills to whom was referred the following, Senate Bill 58 by Senator Irvin, Concurrent Resolution 2 by Senator Hester beg we report that we have carefully compared the enrolled copies with the original and we find the same correctly engrossed and have at 9:03 a.m. delivered them to the Governor for approval. Respectfully submitted, Senator Mark Johnson.

 

Lt Gov Rutledge File.

 

Madam Secretary Notice of the concurrence of Senate Concurrent Resolution 1 by the House.

 

Lt Gov Rutledge Enroll it.

 

Madam Secretary Dear Madam President, we your Committee on Engrossed Bills to whom was referred Senate Bill 90 by Senator Hill report that we have carefully compared the engrossed copy with the original and we find the same correctly engrossed.

 

Lt Gov Rutledge State Agencies.

 

Madam Secretary We your committee on Engrossed Bills to whom was offered Senate Bill 95 by Senator Wallace report that we have carefully compared the engrossed copy with the original and find the same correctly engrossed.

 

Lt Gov Rutledge Insurance and Commerce.

 

Madam Secretary We your committee on Engrossed Bills to whom was referred House Bill 1026 by Representative Ray report that we have carefully compared the engrossed copy with the original and find the same correctly engrossed.

 

Lt Gov Rutledge Revenue and Tax.

 

Madam Secretary Madam President, we your committee on Joint Retirement to whom was referred Senate Bill 115 by Senator Hammer recommend do pass.

 

Lt Gov Rutledge Calendar.

 

Madam Secretary We your committee on Judiciary to whom was referred Senate Bill 59 by Senator Chesterfield recommend do pass.

 

Lt Gov Rutledge Calendar.

 

Madam Secretary We your committee on Judiciary to whom was referred Senate Bill 118 by Senator Dotson recommend do pass.

 

Lt Gov Rutledge Calendar.

 

Madam Secretary We your committee on Judiciary to whom was referred House Bill 1004 by Representative Ray recommend do pass.

 

Lt Gov Rutledge Calendar.

 

Madam Secretary We your committee on Judiciary to whom was referred House Bill 1245 by Representative Dalby  recommend do pass.

 

Lt Gov Rutledge Calendar.

 

Madam Secretary We your committee on Transportation to whom was referred House Bill 1150 by Representative Cavenaugh recommend do pass.

 

Lt Gov Rutledge Calendar.

 

Madam Secretary We your committee on Transportation to whom was referred House Bill 1208 by Representative Dalby recommend do pass.

 

Lt Gov Rutledge Calendar.

 

Madam Secretary Senate Bill 193 by Senator Hill, to amend the Arkansas Occupational Licensing and Uniform Service Members, Veterans and Spouses Act of 2021. Senate Bill 193.

 

Lt Gov Rutledge Public Health.

 

Madam Secretary Senate Joint Resolution 2 by Senator Payton. An amendment to the Arkansas Constitution to create a procedure for the recall of a state constitutional officer, a member of the General Assembly, an elected judicial officer or prosecuting attorney. Senate Joint Resolution 2.

 

Lt Gov Rutledge State Agencies.

 

Madam Secretary House Bill 1127 by Representative Johnson to create the Rural Emergency Hospital Act, to authorize the licensure of rural emergency hospitals by the Department of Health and to declare an emergency. House Bill 1127.

 

Lt Gov Rutledge Public Health.

 

Madam Secretary House Bill 1175 by Representative Underwood. To amend the law to create consistency among statutes concerning the establishment of duties of municipal police departments and municipal fire departments. House Bill 1175.

 

Lt Gov Rutledge City County Local.

 

Madam Secretary House Bill 1177 by Representative L Johnson. To amend the law regarding alcoholic beverages to clarify the law on private club advertising. House Bill 1177.

 

Lt Gov Rutledge City County Local.

 

Madam Secretary House Bill 1198 By Representative Gramlich to amend the law concerning early voting on county holidays. House Bill 1198.

 

Lt Gov Rutledge State Agency.

 

Madam Secretary House Bill 1158 by Representative Lundstrum. To amend the prohibition on the sale or use of sky lanterns and to authorize city to issue permits for use of sky lanterns. House Bill 1258.

 

Lt Gov Rutledge City County Local.

 

Madam Secretary House Bill 1265 by Representative Dalby. To amend the real estate license law to modify the definition of licensee under the real estate license law, and to allow a broker or salesman to do business as a professional limited liability company. House Bill 1265.

 

Lt Gov Rutledge Insurance and Commerce.

 

Madam Secretary House Bill 1267 by Representative Mayberry. To require a specific number of hours of dementia training for home caregivers. House Bill 1267.

 

Lt Gov Rutledge Public Health.

 

Madam Secretary House Bill 1318 by Representative Cavenaugh. Concerning the allowable basis for bids for certain municipal purchases and contracts. House Bill 1318.

 

Lt Gov Rutledge City County Local. 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.

 

Madam Secretary Amendment 1 to House Bill 1178.

 

Lt Gov Rutledge Senator Boyd, you’re recognized.

 

Sen Boyd Thank you, Madam President, and fellow Senators. This is just an amendment to add my name as the Senate sponsor. Representative Johnson and I have talked and I’ve informed him of the expectation that we do that on the front end so we don’t have to do this every time. So I think he’ll do that going forward. I’d appreciate a good vote.

 

Lt Gov Rutledge Are there any questions for Senator Boyd? Anyone wish to speak for or against?  All those in favor signify by saying aye. Any opposed? Ayes have it. Amendment passes to be engrossed.  Send to Engrossing. Senator Petty, you’re recognized.

 

Motion to reconsider confirmation of appointment of Doug Smith (part 1)

Sen Petty Madam President, thank you. Members, having voted on the prevailing side, I make a motion that we reconsider the confirmation of the appointment of Doug Smith at a future date.

 

Lt Gov Rutledge Thank you, Senator. Anyone have questions for Senator Petty on his motion to reconsider? Anyone wish to speak against? Anyone wish to speak for? Senator Dotson is recognized to speak against.

 

Sen Dotson Members, this will be the third time we voted on this particular nomination. Just, it’s time to put it to bed. Let’s let’s not consider it any further. Thank you. Appreciate a no vote.

 

Lt Gov Rutledge Anyone else wish to speak? Senator– anyone wish to speak for? Speak against? Senator Mark Johnson wishes to speak against. Senator Mark Johnson, you’re recognized.

 

Sen M Johnson Thank you, Madam President. I want to make sure it’s clear that what I’m speaking on, I’m opposed to the reconsideration and I am opposed to the nomination. I hope I am speaking on the right manner.

 

Lt Gov Rutledge You are.

 

Sen M Johnson Okay. Last Wednesday, I spoke– I didn’t speak, but I voted in favor of the confirmation of Mr. Smith. And since that time I’ve had constituents that have informed me of information that basically told me I had made a mistake. I shouldn’t have done that. And usually I don’t, after the fact try to correct everything every one of us– if you freshmen have not had a vote you regret, you will soon enough I know. But this was a vote that I regret. I made a mistake based on the best information I had at the time, and I’ve received subsequent information that caused me to to believe that I had voted incorrectly. And I would encourage you to vote against this confirmation. If anyone wants to speak to me in more detail, I’d be happy to. But I don’t mean to disparage Mr. Smith in any way other than the information that I’ve received. Thank you, Madam President.

 

Lt Gov Rutledge Thank you, Senator Mark Johnson. Senator Wallace, you’re recognized to speak for the motion to reconsider.

 

Sen Wallace Thank you, Governor. Members, this vote is just simply on reconsideration. Senator Petty has courageously come forth and said that he made a mistake, that he had received some information that he did not understand. We’re not voting the individual up or down. We’re just voting on reconsideration. And I recommend that we honor Senator Perry’s request. Thank you, Governor.

 

Lt Gov Rutledge Thanks, Senator. Any others wish to speak? Senator Mark Johnson, you’re recognized for Parliamentary inquiry.

 

Sen M Johnson Is this motion in order at this time? Should this not come at the end of the calendar if it comes up today at all? I guess that’s to Mr. Cook.

 

Lt Gov Rutledge I’m going to ask Mr. Steve Cook to address that question.

 

Parliamentarian If you’re asking whether this motion is in order on our calendar, it would actually be a suspension of the rules because it was should occur at the end of our calendar and any other business would come before the Senate. So your inquiry is, can this be heard at this time? My answer would be, yes, if you suspend the rules,.

 

Sen M Johnson Which would take what, Mr. Cook?

 

Parliamentarian 24 to do it right now. But if you don’t do it right now, then he could put this at the end of the debate and you wouldn’t have that 24 vote threshold at the end of business.

 

Sen M Johnson Okay. Thank you.

 

Lt Gov Rutledge Senator Petty, you’re recognized.

 

Sen Petty So at this time I would like to withdraw my motion and have it considered at the end with other business.

 

Lt Gov Rutledge Thank you, sir. Madam Secretary, we’ll go to SB 42.

 

SB 42 Streamlining certification for marriage and family therapy

Madam Secretary Senate Bill 42 by Senator Sullivan. To amend the practice and regulation of counseling and marriage and family therapy and to remove the requirements for full time employment and for seeking additional training and specializations.

 

Lt Gov Rutledge Senator Sullivan, you’re recognized.

 

Sen Sullivan Thank you, Governor. Folks, this came to me from the Department of Health. Right now, therapists have multiple certifications, and it has to go through a fairly difficult process in order to add that certification. What this bill does is essentially set up a checklist, and once the therapist has achieved everything on the checklist, they’re automatically have that additional certification added without having to go through an extended process. The Department of Health has a lot of these. There are many different add ons therapists get. This kind of helps speed that up. I’ll be glad to answer any questions.

 

Lt Gov Rutledge Anyone have questions for Senator Sullivan? Seeing no questions, anyone wish to speak against or for? Senator, do you wish close? He closed. 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 Are there any senators who did not vote or who wish to change their vote at this time? Seeing none, please cast up the ballot. By vote of 34 yeas, zero nay, bill passes. Please transmit to the House. SB 57 by Senator Irvin, pass over. Now go to SB 100. Senator Boyd.

 

SB 100 Allows police to take intoxicated persons to go to sobering centers instead of jail

Madam Secretary Senate Bill 100 by Senator Boyd. To amend the law permitting a law enforcement officer to transport a person in crisis to a sobering center.

 

Lt Gov Rutledge Senator Boyd, you’re recognized.

 

Sen Boyd Thank you, Madam President. Fellow senators, in 2021 or the 93rd General Assembly, we passed a bill to allow for sobering centers that was driven out of Sebastian County and what I testified to in the House at that point in time was that 75% of our public intoxications in Sebastian County had recidivism. So three out of every four times someone went to the county jail for public intox then they came back to the jail. So jail was not working to help get people clean. So we passed this bill. What we found since then is that most of the people who have alcohol in their system have other drugs in their system as well. And so what this would do would make it clear that the law enforcement officer, because only the law enforcement is doing the transporting here, would be able to transport those people to the sobering center. So that said, any questions? Seeing none, I’d appreciate a good vote.

 

Lt Gov Rutledge Thank you, Senator. Anyone wish to speak against or for? Senator passes on closing. 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 senator who’s not voted or who wishes to change his or her vote at this time? Seeing none, please cast up the ballot. And with a vote of 34 yeas, zero nay, bill passes. Please transmit to the House. SB 101, Senator Jim– you may. Senator Hickey is recognized.

 

Sen Hickey Senator Dismang had an issue come up and he asked if I would ask leave for him at this time.

 

Lt Gov Rutledge Senator Hickey has asked for leave for Senator Dismang.

 

Members Leave. 

 

Lt Gov Rutledge Thank you, Senator Hickey.

 

SB 101 Deletes obsolete language related to U of A

Madam Secretary Senate Bill 101 by Senator Dotson. To amend various provisions of the Arkansas code as they pertain to the University of Arkansas.

 

Lt Gov Rutledge Senator Dotson, you’re recognized.

 

Sen Dotson Thank you, Madam Chair. Senate Bill 101, members, is a clean up bill from the University of Arkansas Systems. They went through several sections of code pertaining to them and made name changes, deleted certain sections that were obsolete. I won’t go through all the details of every single section unless somebody requests me to, but more than happy to try to answer any questions. Seeing none, I’d appreciate a good vote.

 

Lt Gov Rutledge Thank you, Senator Dotson. Does anyone wish to speak against or for? Senator Dotson’s opted out of closing. So does anyone have 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 wish to vote who did not vote or wish to change their vote? Seeing none, please cast up the ballot. By a vote of 33 yea, zero nay, the bill passes. Transmit to the House. Now will take up SB 132.

 

SB 132 Reduces application deadline for chiropractors

Madam Secretary Senate Bill 132 by Senator Flippo. To reduce the license application deadline for applicants to practice chiropractic in this state.

 

Lt Gov Rutledge Senator Flippo, you’re recognized.

 

Sen Flippo Thank you, Governor. Members, Senate Bill 132 is brought to me by the Department of Health in conjunction with the Board of Chiropractors. And what that does is it simply reduces the application filing period from 45 days down to 30, which puts it more in line with surrounding states like Louisiana, Mississippi, Oklahoma and Texas, which are 30 days and 20 days for Mississippi. There is no known opposition. They worked with the chiropractor board on this. This is going to help with a reduction of the application deadline, will help reduce the number of applicants who miss the current deadline due to scheduling conflicts with national boards. So that’s the premise of why we’re going from 45 to 30 days.

 

Lt Gov Rutledge Anyone have any questions for Senator Flippo? I’m sorry.

 

Sen Flippo Senator Flippo is leaving the well. Appreciate a good vote.

 

Lt Gov Rutledge Senator Mark Johnson–hold on, Senator Flippo. Thank you, Senator Chesterfield.

 

Sen M Johnson Thank you, Madam President. Senator Flippo, what is the current– how often does this board meet?

 

Sen Flippo Four times a year. Thank you.

 

Sen M Johnson Thank you for that.

 

Lt Gov Rutledge Any other questions? Anyone wish to speak against? Anyone wish to speak for? Senator has waived closing. Anyone opposed 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 did not vote, who wish to vote or who wish to change your vote at this time? Seeing none, please cast up the ballot. By the 33 yea, zero nay, bill passes. Transmit to the House. And we are passing over SB 138. And at this time, I’d like to recognize Senator Jane English.

 

Sen English Thank you. We have with us today some folks that I’d like to recognize. There’s 20 members from the Little Rock Air Force Base 19th Operations Group, Leadership Group. And that group is led by Colonel Marty Smith. And they’re up here in the gallery. Please give them a hand. So equipped with a C-130J Super Hercules, the group provides part of the Air Mobility Command’s Global Reach capability. Tasking requirements range from supplying humanitarian airlift relief to victims of disasters to airdropping supplies and troops into the heart of contingency operations in hostile areas. The Little Rock Air Force Base continues to be the largest C-130J operator in the world, home of Herc Nation Super Hercules C-130J. The Little Rock Air Force Base now boasts a C-130J fleet of 47 aircraft between both the 19th Airlift Wing and the one and the 314th Airlift Wing. Welcome.

 

Lt Gov Rutledge Thank you, Senator English, for that. And thank you all for being here at your state Senate and for taking care of our folks on base. A dear friend of mine is a C-130 pilot. So welcome to Herc Nation for being here. Next, we have HB 1015. Senator McKee, you will be recognized.

 

HB 1015 Removes Hot Springs Village from wastewater trust fund

Madam Secretary House Bill 1015 by Representative McGrew. To amend the Arkansas Water and Air Pollution Control Act and to exempt certain property owners, associations and homeowners associations from certain water permit actions.

 

Lt Gov Rutledge Senator McKee, you’re recognized.

 

Sen McKee Thank you, Madam President. Members, this bill simply removes state liability for property owners associations over 5,000 people in population. Currently, they have to pay into a fund that pays for damages in the event that their sewer systems fail. This removes them from that pay in, but it also removes them from being able to access state funding in the event that those facilities fail. I’ll take any questions.

 

Lt Gov Rutledge Anyone have questions for Senator McKee? Anyone wish to speak against or for?

 

Sen McKee Appreciate a good vote.

 

Lt Gov Rutledge Thank you, Senator. And 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 has not voted, wish to vote, or who wishes to change his or her vote? Please cast up the ballot. With a vote of 33 yeas, zero nay, the bill passes. Return to the House. HB 1099, Senator John Payton.

 

HB 1099 Clarifies timeline on FOIA AG opinion

Madam Secretary House Bill 1099 by Representative A. Collins. To specify the time within which one may seek an opinion from the Attorney General on 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, this is a real simple bill just clarifies the time frame. Our current code says ‘immediately,’ and I think General Rutledge interpreted that to be when she was attorney general, 24 hours. So we’re putting it in code, saying that at the end of business the next business day at the attorney General’s office. That kind of covers if it’s a Friday or something like that. But anyway, anybody has any questions? It’s a pretty simple clarification. Thank you.

 

Lt Gov Rutledge Thank you, senator. Are there any questions for Senator Payton? Anyone wish to speak against or for? Senator waives closing. Is there any objection to rolling the vote? 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 wishes to vote who did not vote or who wishes to change his or her vote? Senator Clark being noted as voting present. Anyone else? Please, cast up the ballot. With a vote of 32 yeas, zero nay and one present, bill passes. Return to the House. HB 1110.

 

HB 1100 Removes obsolete requirements

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.

 

Lt Gov Rutledge Senator Hammer, you’re recognized.

 

Sen Hammer Thank you, Madam Chair. Members, in the old days they used to use mapping in order to terminate the rate of which would be charged to the plans. Because mapping is now no longer used because the rate is applied statewide, this is just clean up language to remove the term mapping because it is obsolete and no longer in use. And it’s a clean up bill. There is no opposition to this bill by the retirement system or anyone else that was available to make comment. Be glad to answer any questions.

 

Lt Gov Rutledge Anyone have questions for Senator Hammer? Seeing none, anyone wished to speak against or for? Senator Hammer, would you like to close?

 

Sen Hammer Closed. Appreciate a good vote. Thank you.

 

Lt Gov Rutledge Thank you. Any objection to rolling the vote? 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 has not voted, who wishes to vote or who wishes to change his or her vote? Seeing none, please cast up the ballot. By a vote of 33 yays, zero nay, bill passes. Return to the House. HB 1112– oh, 1111. I apologize. I got ahead of myself.

 

HB 1111 Raises age for police and fire pensions to match federal law

Madam Secretary House Bill 1111 by Representative Warren. To amend the age in which members of certain plans under the Arkansas Local Police and Fire Retirement System and local police and fire pension and relief funds begin to receive fund distributions.

 

Lt Gov Rutledge Senator Hammer, you’re recognized.

 

Sen Hammer Thank you, Madam Chair. This is a bill that’s being run in order to match what is now the new federal allowance for the age of which distribution can occur. It has been moved to age 75, and this is to bring in compliance with what the federal law allows with regards to the age of which you have to mandatorily receive or begin to withdraw from your pension plan. Again, it’s to align with the federal law and there was no opposition in committee.

 

Lt Gov Rutledge Does anyone have any questions for Senator Hammer? Seeing none, anyone wish to speak for or against? Senator Hammer, you wish to close?

 

Sen Hammer Closed for the bill. Appreciate a good vote.

 

Lt Gov Rutledge Thank you, Senator Hammer. Is there any objection to rolling the vote? 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 did not vote or who wishes to change his or her vote? Seeing none, please cast up the ballot. By a vote of 33 yeas, zero nay, the bill passes. Return to the House. Now HB 1112.

 

HB 1112 Allows people living in school districts to choose which they prefer

Madam Secretary House Bill 1112 by Representative Warren. To amend the law concerning a student’s eligibility to attend a school district where he when he or she resides on a tract of land located in two school districts.

 

Lt Gov Rutledge Senator McKee, you’re recognized.

 

Sen McKee Thank you, Madam President. Senators, this bill simply says that if your house sits on the line that divides two school districts, you can decide which school district you go to. It’s very simple. Seems pretty common sense to me. I’d appreciate any questions you might have.

 

Lt Gov Rutledge Anyone have a question for Senator McKee? Seeing none, does anyone wish to speak against or for? Senator McKee do you wish to close?

 

Sen McKee Appreciate a good vote.

 

Lt Gov Rutledge Thank you. Is there any objection to rolling the vote? 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’s not voted wish to vote? Anyone wish to change his or her vote? Seeing none, please cast up the ballot. By a vote of 33 yea, and zero nay, the bill passes. Return to the House. HB 1136.

 

HB 1136 Removes “good moral character” from social worker license requirements

Madam Secretary House Bill 1136 by Representative Cavenagh. To remove the licensure requirement of good moral character from the Social Work Licensing Act.

 

Lt Gov Rutledge Senator Flippo, you’re recognized.

 

Sen Flippo Thank you, Governor. All right, members. A fairly unique bill for me to be carrying, but the reason for it is in 2019, Act 990 removed the wording ‘good moral character’ from statutes in Arkansas Code Title 17. This was done by removing all the individual phrases from each code section. All professions in Title 17 had the language removed, with the exception of two which were just overlooked, including the the social work. It was the intent of legislation passed in 2019 Act 1990 to remove fully the phrases from all code sections contained in Title 17. However, this was overlooked. There is no statutory definition. I think this is the problem that the Department of Health is going to have here and Social Work Board is going to have is there’s no statutory definition on ‘good moral character’ and it does open up the state to litigation. You know, I think we all support good moral character in any professions in any industry, but there is a vague language. It’s not defined. We have already removed it from every other profession in Title 17. And so this is just to bring this into line and the Social Workers Board is in support of this.

 

Lt Gov Rutledge Thank you. Senator Flippo, aree there any questions for Senator Flippo? I see Senator Clarke Tucker.

 

Sen Tucker Thank you, Madam President. Senator, I was just curious if there was a conflict of interest on this bill, because does this make you eligible to become a social worker if this passes?

 

Sen Flippo Senator, the reason that the bill was brought to me was because they needed somebody of good moral character to carry this to sell it to the Senate.

 

Sen Tucker Thank you, Senator.

 

Sen Flippo I was honored to carry the bill.

 

Lt Gov Rutledge Senator Caldwell, you’re recognized.

 

Sen Caldwell Thank you, Madam President. Could you tell us which license you’re applying for?

 

Sen Flippo To my new colleagues, there is a time when you assess the room and you know it is time to leave the well. This is one of those times. Members, I would appreciate a good vote.

 

Lt Gov Rutledge Is there any objection to rolling the vote? Oh, I’m sorry. I’m sorry. Let me rewind that. Anyone wish to speak against or for? Senator Jim Dotson wishes to speak against.

 

Sen Dotson Thank you, Madam Chair. Members, the bill that was referenced from 2017. I went to the well of the House at the very end of the session. And this was a bad idea then. It’s a bad idea now to remove the term good moral character from our code. It’s better to define it than to remove it entirely or any reference to it. The standard of good moral character is not something new. You have to have good moral character to become a naturalized citizen. Good moral character dates back even to the earliest part. George Washington, President Washington in December 1790 wrote the following quote: “A good moral character is the first essential in a man. It is therefore highly important that you should endeavor not only to be learned but virtuous.” Also, in his farewell address in 1796, President Washington said, “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports.” It’s in our Constitution. Article 2, Section 25, The Declaration of Rights. It states, “Religion, morality and knowledge being essential to good government.” Even John Adams, the second president of United States, quote, said, “We have no government armed with power capable of contending with human passions unbridled by morality and religion. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” I urge you to vote against this. Let’s fix the issue, not remove good moral character from our statute.

 

Lt Gov Rutledge Senator Payton, do you have a question for Senator Dotson?

 

Sen Payton Thank you, Madam President. So some of the quotes that you read there, historical facts that dates way back. How long has this terminology been in the Arkansas code? And do you know if the state of Arkansas has ever been subject to any litigation because of it?

 

Sen Dotson I know it dates back quite a while, but I’d hesitate to guess on exactly when it was instituted, probably to the very beginnings of our our state and constitution. But I don’t know for sure. The bill sponsor might know the answer to that question.

 

Sen Payton And so I voted against that bill a couple of years ago, as you did. Is there anything that has changed that would be a good reason for me to support this one now?

 

Sen Dotson Not to my knowledge. I’m still voting no. Two years ago, I did run a piece of legislation trying to define it. But that one didn’t quite make it all the way through.

 

Sen Payton Thank you. Thank you, Madam President.

 

Sen Dotson Thank you.

 

Lt Gov Rutledge Senator Hammer, do you have a question for Senator Dotson?

 

Sen Hammer Yes, ma’am.

 

Lt Gov Rutledge Go ahead.

 

Sen Hammer Senator, I’ll ask you this question. Maybe if the Senator comes back up close, but whether or not this phrase is in or out of the law has no bearing as far as the social worker being able to actually get their licensure should he or she complete the course requirements? Is that correct? Or do you have knowledge of that?

 

Sen Dotson I don’t have specific knowledge of it, but I do know that we do have social workers in Arkansas. So it’s apparent they’ve been of good moral character to date.

 

Sen Hammer Thank you.

 

Sen Dotson Thank you, Madam Chair.

 

Lt Gov Rutledge Anyone else wish to speak for or against? Seeing none, Senator Flippo has closed. Any objections to rolling the vote? We have an objection. Madam Secretary, please call the roll.

 

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

 

Lt Gov Rutledge Any senators who did not vote, who wish to vote, or any who would wish to change their vote? So I see Senator McKee voting no. I see Senator Hester voting no. I see Senator Caldwell voting no. I see Senator Stone voting no. I see Senator Crowell voting no. Senator Petty voting no. I see Senator Hill voting no. Senator Chesterfield present. Senator Wallace no. Senator Murdock present. Is anyone else? Senator Gilmore, no. Just please check the board to make sure you agree with yourselves. Senator Blake Johnson, is that a no? That is a no. Senator Petty is a no. Anyone else? Please cast up the ballot. By a vote of seven yea, 22 nay, 2 not voting, 2 present, the bill fails. Return to the House. HB 11– Senator Flippo.

 

Motion to expunge failed vote on HB 1136

Sen Flippo Thank you, governor. I move that we expunge the vote by which House Bill 1136 failed.

 

Lt Gov Rutledge Motion by Senator Flippo to expunge the vote of House Bill 1136. All those in favor signify by saying aye. Any opposed? No’s have it.

 

Members Roll call.

 

Lt Gov Rutledge I saw four. All right, we got five. Madam Secretary, please call the roll.

 

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

 

Lt Gov Rutledge Are there any senators who did not vote, who would like to vote or who wish to change your vote? I see Senator Hammer votes yes. Stubblefield. Stubblefield, yes. Any others? Senator Bryant, yes. Senator Stone, yes. Anyone else? Cast up the ballot. By a vote of 26 yea, 7 nay, the motion to expunge passes. HB 1165.

 

HB 1164 Removes the Jeannette Court

Madam Secretary House Bill 1165 by Representative Nicks. To amend Arkansas law concerning the 21st District of the state district court system.

 

Lt Gov Rutledge Senator Murdock, you’re recognized.

 

Sen Murdock Thank you, governor. This is, colleagues, this is simply a clean up bill. The town of Jeannette has not a court in 15 years and the AOC and the district judge asked that we take this off the rotation. They haven’t been 15 years, so it just takes them off the rotation.

 

Lt Gov Rutledge Are there any questions for Senator Murdoc? Senator Stubblefield, you’re recognized.

 

Sen Stubblefield Senator Murdock, did you say that there had been a judge there in 15 years?

 

Sen Murdock They haven’t had court there in 15 years.

 

Sen Stubblefield They haven’t a court judge there?

 

Sen Murdock Yeah, the judge has to go there.

 

Sen Stubblefield Does he now return to the bench? What does–.

 

Sen Murdock You say did he do what now?

 

Sen Stubblefield What is the judge doing?

 

Sen Murdock They’re not having court there. Yeah, they’re not meeting for court. So for 15 years, they hadn’t met courts, so they want to take this off his rotation. I think it’s the population thing more than anything.

 

Sen Stubblefield I understand what you’re saying. I couldn’t hear you. Okay.

 

Lt Gov Rutledge Any other questions for Senator Murdock? Anyone wish to speak against or for? Senator, you’re recognized to close.

 

Sen Murdock Closed. Appreciate a good vote.

 

Lt Gov Rutledge Senator is closed. 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 who did not vote, who wishes to vote, or who wishes to change his or her vote at this time? Seeing none, please cast up the ballot. By a vote of 33 yea, zero nay, bill passes. Return to the House. Senator Petty, you’re recognized.

 

Motion to reconsider confirmation Doug Smith appointment

Sen Petty Thank you, Madam President. Members, again, having voted on the prevailing side, I make a motion that we reconsider the confirmation of the appointment of Doug Smith.

 

Lt Gov Rutledge Are there any questions for Senator Petty? Anyone wish to speak against the motion to reconsider? Anyone wish to speak for? Senator Patty, you’re recognized to close.

 

Sen Petty Closed.

 

Lt Gov Rutledge All those in favor of the motion to reconsider, please signify by saying aye. All those opposed? The motion fails. Request for roll call. I see five hands. Madam Secretary, please call the roll.

 

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

 

Lt Gov Rutledge Any senator wish to change his or her vote or vote who has not voted? I see Senator Boyd, yes. Senator Love, yes. Senator Murdock, yes. Any others? Please cast up the ballot. This motion required a majority of those voting. And with 28 members voting, and 16 voting yea and 12 nay, the motion passes. Okay. Any other announcements? Senator Hammer, you’re recognized–oh, I’m sorry. Yes, I’m going to actually have Mr. Cook step in and explain. But it’s the number of individuals who actually voted. Even though we had a number of non-votes, because there were 28 votes cast, then it required 15 as a majority, 14 plus one. So it received 16 to 12. Senator Dotson, you have a question?

 

Sen Dotson That was a motion for reconsideration. We didn’t actually vote on the nomination, correct? That  still has to happen.

 

Lt Gov Rutledge Right.

 

Sen Dotson So are we voting on that now?

 

Lt Gov Rutledge There has not been a motion to vote on it now, but I have a motion on the floor by Senator Penzo to expunge the vote of the–

 

Sen M Johnson Parliamentary inquiry, Madam President.

 

Lt Gov Rutledge Yes. Senator Mark Johnson.

 

Sen M Johnson Since this motion is to basically to reconsider the vote and then we will vote again, what is the threshold for it to pass under this next vote? Which would be 18 votes?

 

Parliamentarian 18.

 

Sen M Johnson 18 affirmative votes?

 

Parliamentarian Yes.

 

Sen M Johnson Thank you, Mr. Cook. Thank you, Madam President.

 

Lt Gov Rutledge So to be clear, we are now voting on the– the motion to confirm Doug Smith to the parole board, which requires 18 votes. Right. Sorry, Senator Chesterfield, would you mind to stand up and ask? 

 

Sen Chesterfield I’m sorry, Madam Chair. Pardon me. I’m mumbling. I know the motion to expunge passed, but has there been a motion to confirm, a second motion to confirm?

 

Lt Gov Rutledge It was a motion to reconsider. And based on the Parliamentarian’s explanation, a motion to reconsider that issue is then brought immediately following it. And so now we have the motion before us, which we you all just voted to reconsider. Senator Hill, do you have a question?

 

Sen Hill I was going to make a motion to reconsider.

 

Lt Gov Rutledge It’s not necessary. And to be clear, you all have voted to take up the confirmation of Doug Smith. And so that is the motion before us now is the actual confirmation of Mr. Smith to the Parole Board. It’s an automatic motion. And at this time, we’ll take any questions on the confirmation. Or if you all don’t have questions, we can move immediately into any one wish to speak against or for? But I see Senator Blake Johnson has something.

 

Sen B Johnson Parliamentary inquiry. I think the motion was to for reconsideration at a future time. I think he has three days to do that. In his motion he said at a future time, did he not?

 

Lt Gov Rutledge Senator Blake Johnson, did you get your question answered? I know there were several talking, but.

 

Sen B Johnson I just heard the original reconsideration at a future time. I didn’t hear what he said this time.

 

Reconsideration of Doug Smith appointment (passes)

Parliamentarian  Anyone wish to speak against or for the confirmation of Mr. Doug Smith to the Parole Board? Anyone wish to close? All those in favor of confirming Doug Smith to the Parole Board, please signify by saying aye. All those opposed signify by saying no. The motion fails. I see one roll call. Two, three, four, five. Madam Secretary, please call the roll.

 

Madam Secretary We have a pair at the desk. Senator Irvin is voting yea. Senator Dees is voting nay.  Senator Boyd. Bryant. Caldwell. Chesterfield. Clark. Crowell. Davis. Dees is no. Dismang. Dismang. Dotson. English. Flippo. Flowers. Flowers. Gilmore. Gilmore. Hammer. Hester. Hickey. Hill. Irvin is yes. Blake Johnson. Mark Johnson. King. Leding. Love. Love. McKee. Murdock. Murdock. Payton. Penzo. Petty. Rice. Stone. Stubblefield. Sullivan. Tucker. Wallace.

 

Lt Gov Rutledge Any senators wish to vote who did not vote? I see Senator Love, yes. Any other senators wish to vote who did not vote or wish to change your vote? I see Senator Murdock with a yes. Any senators wish to change your vote? Please cast up the ballot. By a vote of 18 yea, 13 nay, 2 not voting, 1 present, confirmation passes. Any other announcements? Senator Hammer, you’re recognized.

 

Sen Hammer Thank you. Madam Governor, if you would, please draw attention to your desk. Tomorrow is going to be pastor’s day here at the Capitol. Over 250 pastors, chapel and church leaders will be in attendance. You’re invited to join for a light breakfast at 8:30 and also a brief worship service at 9 a.m. on the second floor rotunda. And you are invited to join for a photo session on the House steps after that at 8:45. Also, if you will, please draw attention to the handout on your desk about the legislative dinner or the dinner hosted at the Association of County by the County Judges Association of Arkansas on your counter. Thank you.

 

Lt Gov Rutledge Thanks, Senator Hammer. Senator Murdock, you’re recognized.

 

Sen Murdock Yes, Governor, House Bill 1165 that passed, I think you transmitted back to the House. Should it go now to the governor?

 

Sen Murdock Returned to the House.

 

Sen Murdock It goes back to the House again?

 

Lt Gov Rutledge Correct. Senator Flippo, you’re recognized.

 

Sen Flippo Thank you, Governor. Just for members of the City County Local committee, we’re going to be having our committee photo tomorrow morning about 5 minutes before we start our meeting. So if you’ll do a favor and not wear jeans and boots and dress in your Sunday best, it would be appreciated.

 

Lt Gov Rutledge Senator Chesterfield.

 

Sen Chesterfield Thank you, Madam Chair. Through the chair to Senator Hammer, could you please tell me the logistics of Pastor’s Day? Since I was not aware, I would have informed my pastor. Could you tell me the time, the place? I know you’re going to have breakfast, but I’d like to know in case he’s able to clear his schedule to participate.

 

Lt Gov Rutledge Senator Hammer. Senator Hammer, Senator Chesterfield has requested the logistics of Pastor’s Day tomorrow so she can share that with her pastor. I don’t know if you have that electronically or something you can pass out or if you’d like to repeat that information for Senator Chesterfield.

 

Sen Chesterfield I think it would be helpful to, perhaps everybody else knew and I wasn’t paying attention, but I’d like to get that out to as many Pastors as I have in my district, so that they would be able to participate. If you would get that to me, I would appreciate it.

 

Sen Hammer I will get it. I’m just delivering the message, but I’ll make sure you get connected with the person that gave it to me.

 

Sen Chesterfield So what time does it start?

 

Sen Hammer There’s a light breakfast at 8:30, photo opportunity at 8:45 and a brief worship service at 9:00. It’s all going to be on the second floor rotunda area. They’ll have it set up there.

 

Sen Chesterfield All right. Thank you so much.

 

Sen Hammer Thank you.  

 

Lt Gov Rutledge Senator Hill.

 

Sen Hill Insurance and Commerce will be taking their photo tomorrow as well. We’ll try to get there about 10 minutes early, if you can.

 

Lt Gov Rutledge Any other announcements? If not, the Senate will stand in adjournment until 1 p.m. on February 7 subject to clearing of the desk.