Senate
January 30, 2025
Lt. Gov. Leslie Rutledge Senate will be called to order. Are there any requests for leave at this time? Senator Hammer. Leave for Senator Crowell?
Senator Kim Hammer. Crowell. Sorry, my bad.
Lt. Gov. Leslie Rutledge Thank you. Madam Secretary, please call the roll. Thank you, Madam Secretary. If everyone in the chamber and in the galleries would please rise, Senator Hester will introduce our pastor of the day to give a prayer, and then we will remain standing for the Pledge of Allegiance. Senator Hester, you're recognized.
Senator Bart Hester Members, I'd like to introduce Elder Allen Golden with the Church of Jesus Christ of Latter Day Saints to open us up in prayer this morning. [Prayer and Pledge]
Lt. Gov. Leslie Rutledge Thank you, sir, for those words. Ladies and gentlemen in the galleries, welcome to the Arkansas 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 this morning. Announcements or introductions at this time? Senator Love, you're recognized.
Senator Fredrick Love Thank you, Governor. You all, I just want to take a personal point of privilege. If we can have a moment of silence for the Blackhawk accident that just happened. I think, you know, they are looking for survivors. And I think we really need to just lift that up in prayer. So if we could just have a moment of silence. Thank you.
Lt. Gov. Leslie Rutledge Thank you, Senator Love, for that. Senator Dismang, you are recognized to introduce our pages.
Senator Jonathan Dismang All right. Senator Scott has a couple of pages here that are based out of the academies of Jonesboro High School. We have Xavien Collins and Isabel Stanton. Let's welcome to the chamber. Thank you, guys.
Lt. Gov. Leslie Rutledge Any other announcements or introductions at this time? Senator Clark, you're recognized.
Senator Alan Clark Point of personal privilege. If you all will bear with me. Try to get past emotion. My best friend from junior high and high school passed this week. His name's Jeff Freeman. And Jeff's got on to me the last 12 years, always joking, but said, I know that you don't want to have anything to do with me now or be associated with me now that you're a state senator.
But from sixth grade on, you put two mischievous boys together, there's all kinds of stories. And I could go on for hours. But I would like to tell you one short one. I think that the one Jeff would most like you to hear, senior year, I'm about to change schools, so I'm at a different school. But Jeff is starting defensive tackle for Lakeside, during their last game, his last football game, they're ahead of Searcy 7 to 6 in the fourth quarter with less than a minute left.
And Searcy is on the two yard line, first down. So it looks like Searcy's about to win. I don't think Jeff caused the fumble, but Searcy fumbled and Jeff picked up the fumble and ran 98 yards for a touchdown. Won the game. And Coach Chick Austin, who's in the Arkansas Sports Hall of Fame now, was a very tough little man. Loved him, but great coach. And he wanted to see Jeff. And Jeff was scared to death because we had been coached from the time we were in the eighth grade that you always fall on a fumble. You never pick it up.
And he was sure that he was fixing to get chewed out. He wasn't chewed out, of course, but he thought he was going to be chewed out. And I've always thought that was hilarious. And he's the hero of the game and he thinks he's fixing to get chewed out by Coach Austin. But anyway, he was a great guy, loyal to a fault and just had a great heart, always mischievous. And his services will be Saturday at New Hope Missionary Baptist Church in Hot Springs, where he attended from birth. And I appreciate your indulgence.
Lt. Gov. Leslie Rutledge Thank you, Senator. Announcement. Senator Petty, you're recognized.
Senator Jim Petty Members, there are some county judges here in the capital today. And I'd like to recognize mine up in the top there, Judge Chris Keith from Crawford County. So if you would welcome him.
Lt. Gov. Leslie Rutledge Any other announcements or introductions? Senator Tucker, you're recognized.
Senator Clarke Tucker Thank you, Madam President. Colleagues, I think we just need to take a moment to wish our colleague, Senator Jim Petty, a happy birthday.
Lt. Gov. Leslie Rutledge Any other announcements or introductions? If not, Madam Secretary, are there items at the desk?
Secretary [Engrossed Bills, HB 1056].
Lt. Gov. Leslie Rutledge State agencies.
Secretary Notice of withdrawal of Senate Bill 86 by Senator Boyd from further consideration.
Lt. Gov. Leslie Rutledge File it.
Secretary [Insurance and Commerce, SB 48, Do pass]
Lt. Gov. Leslie Rutledge Calendar.
Secretary [Insurance Commerce, SB 133, Do pass]
Lt. Gov. Leslie Rutledge Calendar.
Secretary [State Agencies, SB 12, Do pass]
Lt. Gov. Leslie Rutledge Calendar.
Secretary Senate Bill 143 by Senator King to authorize the division of Arkansas State Police to coordinate with local sheriffs and divisions of community correction in crime reduction and preventative activities. Senate Bill 143.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 144 by Senator King Concerning the backlog of inmates awaiting transfer to the Division of Correction and to allow certain counties to enter into county jail State Inmate Close to Home Membership Partnerships. Senate Bill 144.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 145 By Senator King to amend Arkansas law concerning the allocation of funds resulting from a later litigation involving the use of funds from the General Appropriation Fund or its successor fund or fund accounts. Senate Bill 145.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 146 by Senator Crowell to amend the definition of recreational purpose as used in relation to the liability of a property owner who makes land available to the public for recreational purposes. Senate Bill 146.
Lt. Gov. Leslie Rutledge Agriculture.
Secretary Senate Bill 147 by Senator Dotson to amend Arkansas law concerning the Department of Transformation and Shared Services and to change the name of the Department of Transformation and Shared Services. Senate Bill 147.
Lt. Gov. Leslie Rutledge State agencies.
Secretary Senate Resolution 6 by Senator King a constitutional amendment to provide that certain proceeds from the sale of medical marijuana and casino game gaming shall be used for crime reduction and prevention programs and to assist proposed release supervision services. Senate Joint Resolution 6.
Lt. Gov. Leslie Rutledge State Agencies.
Secretary Senate Joint Resolution 7 by Senator King an amendment to the Arkansas Constitution to amend Arkansas Constitution Amendment 98 concerning medical marijuana. Senate Joint Resolution 7.
Lt. Gov. Leslie Rutledge State Agencies.
Secretary Senate Joint Resolution 8 by Senator King An amendment to the Arkansas Constitution to amend Arkansas Constitution Amendment 100 concerning Casino Gaming. Senate Joint Resolution 8.
Lt. Gov. Leslie Rutledge State Agencies. Senator Love, you're recognized.
Senator Fredrick Love Thank you, governor. We're trying to get some things coordinated, but I want to make sure that we did recognize the Church of Latter Day Saints. I know that they had the elder pray, but there are some ladies also standing in the back of the room. And I must tell you, the work that the church is doing in maternal health with the Babies for Me project is just phenomenal.
And so I think there are, if you all want to stand up, if you can give them an applause. I know that there are some others that are coming over from the House. But I just want to make sure that we recognize them and recognize the work that they're doing, because they're going to be putting in money, people to make sure that our mothers are safe in Arkansas. So I just wanted to make sure that I did recognize you also. Thank you for the work that you're doing.
Lt. Gov. Leslie Rutledge Thanks, Senator Love. If there's no further business to become before the body in the morning hour, morning hour has expired. We will now begin the business agenda. Senator Bryant, you are recognized.
Senator Joshua Bryant Thank you, Madam President. I'd like to motion to re-refer House Bill 1075 back to committee for purposes of amendment.
Lt. Gov. Leslie Rutledge You all heard the motion. All those in favor, please signify by saying aye. Any opposed. Ayes have it. Motion passes. Now take up Amendment 1 to Senate Bill 58.
Secretary Amendment 1 to Senate Bill 58.
Lt. Gov. Leslie Rutledge Senator Dismang, you're recognized.
Senator Jonathan Dismang Members, this is Senate Bill 158. Senate Bill 58 deals with nonprofit, tax exempt and governmental hospitals. Currently, they are prohibited from having retail pharmacies. This amendment is really anything and everything that the Pharmacy Association asked for that could be accomplished is in this amendment. I am happy to take questions on that. But it will still allow access increase for our nonprofit tax exempt and governmentally funded hospitals.
Lt. Gov. Leslie Rutledge Any questions for Senator Dismang? If not, the senator is closed. All those in favor please signify by saying aye. Any opposed. Ayes have it. Amendment passes. Please send to engrossing-- rather, amendment is adopted. Please send to Engrossing. We will now take up Senate Bill 14.
Secretary Senate Bill 14 by Senator Wallace to allow for the direct payment or delivery of property to an apparent owner under the Unclaimed Property Act in certain circumstances.
Lt. Gov. Leslie Rutledge Senator Wallace, you're recognized.
Senator David Wallace Thank you, Governor. Members, our auditor Dennis Milligan, and his team continue to do a really great job of pushing money that belongs to the citizens of Arkansas back to those citizens. And this bill is simply enabling language for automatic mailing of unclaimed property checks valued between $50 to $500,000. So it's hard in the system that we have now for folks that actually have money in the system that they are unaware of sometimes to become aware of it. So it just sits there.
We've got 359,796 eligible properties valued at $83 million. $59 million of that is less than a thousand. And what the auditor team wants to do is send that money out to the people who we owe it to. They've done a great job of of making sure that they verify who these folks are. They've used a company called LexisNexis. They've used IRS tax ID verification, the national change of address. And they're calling and checking. So all this bill does is folks, many of them elderly, who may not know how to use the Internet that well to get money back that belongs to them. And with that, I stand by for your questions.
Lt. Gov. Leslie Rutledge Any questions for Senator Wallace? Senator Bryant, you're recognized for a question.
Senator Joshua Bryant Thank you, Madam President. Senator Wallace, just out of curiosity, if the auditor sends the payment and there was an error-- they just got it wrong and it was deposited by the recipient who was not the intended recipient, and the intended recipient made a claim to the auditor looking for that payment, who would be liable in that instance? Do you know?
Senator David Wallace Well, the person who the money belongs to will always be protected. That person and that check is going to be made out directly to that person. So anybody that cashes that check, just like if they cash one of our checks and use our name, that individual would be responsible. But the law will always protect, and this bill will always protect, the innocent person who the money actually belonged to.
Senator Joshua Bryant And that would apply to the individual. But what about checks made to corporations or LLCs that have multiple members that just deposit it as a issuance from the state of Arkansas? Because that's how these checks come is through the Treasury as deposited from the state of Arkansas. They deposit it, and then the original LLC says, where's that $50,000 claim? I was waiting for the company that closed, that issued the check to the state of Arkansas to put it in the depository and an error was made, checks were cashed, time has passed. Does that make sense?
Senator David Wallace It does, and that's a bill for another day. In this case, this is simply aimed at the individual person. Doesn't have anything to do with an LLC or C corp or anything else.
Senator Joshua Bryant Okay. So they're going to limit that just to the individual person?
Senator David Wallace Yes.
Senator Joshua Bryant Okay. Thank you.
Lt. Gov. Leslie Rutledge Any other questions for Senator Wallace? Anyone wish to speak against or for? Senator has closed?
Senator David Wallace I am closed.
Lt. Gov. Leslie Rutledge Any objection to rolling to vote? Madam Secretary, please roll the vote. [Vote] Any senator wish to change his or her vote? Seeing no one, please cast up the ballot. By a vote of 34 yea, 0 nay, Senate Bill 14 passes. Please transmit to the House. House Bill 1005.
Secretary House Bill 1005 By Representative Ray and Senator Hill to amend the law regarding tuition waivers for Arkansas National Guard soldiers and airmen to include programs of study leading to a post-secondary certificate or credential.
Lt. Gov. Leslie Rutledge Senator Hill, you're recognized.
Senator Ricky Hill Thank you, Governor. Colleagues, thi is a pretty simple bill. All we're doing is expanding for the National Guard, where they can use their money, their grants and their money on a post-secondary credential or certificate instead of just a 2 or 4 year college. And so they can use that for workforce. I'll be glad to take any questions.
Lt. Gov. Leslie Rutledge Any questions for Senator Hill? Anyone wish to speak against or for? Senator, you're recognized to close. Senator has closed. Any objection to rolling the vote? Madam Secretary, please roll the vote. [Vote] Any senator wish to change his or her vote? Seeing no one, please cast up the ballot. By a vote of 34 yeas, 0 nay, House Bill 1005 passes. Please return to the House. House Bill 1006.
Secretary House Bill 1006 by Representative Painter and Senator Flippo to re-designate the 14th Judicial District as a division of judicial district as it relates to prosecuting attorneys and declare an emergency.
Lt. Gov. Leslie Rutledge Senator Flippo, you're recognized.
Senator Scott Flippo Thank you, Governor. Members, what this bill does is it's going to take the 14th Judicial District, which is Baxter, Marion, Boone and Newton counties and reclassify it from a Division B to a Division A, which will be a part time to a full time. Fiscal impact is $40,796. Funding comes out of central services. I believe there are two, maybe three, judicial districts that are still Class B, so this would take it from three to two.
Lt. Gov. Leslie Rutledge Any questions for Senator Flippo? Anyone wish to speak? Senator Blake Johnson, you are recognized for a question.
Senator Blake Johnson Have you read the totality of the emergency clause?
Senator Scott Flippo Thank you. I have not read the emergency clause, but I was able to get through the context of the three lines of the bill last night.
Senator Blake Johnson Thank you, senator.
Senator Scott Flippo Thank you. Appreciate a good vote.
Lt. Gov. Leslie Rutledge Senator Clark, you're recognized for a question.
Senator Alan Clark [off-mic]
Senator Scott Flippo Yes, sir.
Senator Alan Clark When we were presenting the bill--.
Senator Scott Flippo It was a very laborious process last night, but I was determined. I had given my word in committee yesterday that I would have read the bill before today. And so I made it through the three lines.
Senator Alan Clark Now, is it true, Senator Flippo, that you almost challenged the Judiciary Committee yesterday to fail your bill today?
Senator Scott Flippo It was not my best moment, Senator Clark. Or my smartest.
Lt. Gov. Leslie Rutledge Thank you. Anyone wish to speak against or for? Senator has closed. Without objection I ask Madam Secretary to roll the vote. Please roll the vote. [Vote] Any senator wish to change his or her vote? Seeing no one, please cast up the ballot. By a vote of 34 yea, 0 nay, House Bill 1006 passes and the corresponding emergency clause is adopted. Please return to the House. Senator Irvin, you're recognized.
Senator Missy Irvin Thank you, Madam President. Members, on your desk, you have-- the Ethics Committee has met repeatedly. They've come up with this proposal. It's titled by myself and Senator Johnson. However, it was the work from the entire committee, so I'm happy to answer any questions. If you'll just read the top. What we're proposing to do is, number one, redefine the financial interest to only include interest of a senator and his or her spouse. Number two, narrow the application of various conflict and conduct provisions to only senators and their spouses. And number three, clarify the scope and nature of a conflict. Four, clarify and standardize the disclosure process. And five, make disclosures available to senators and the public alike. Happy to answer any questions. And I would move to adopt this amendment and then further adopt the code of ethics with this amendment included.
Lt. Gov. Leslie Rutledge Any questions? Senator Mark Johnson, you're recognized.
Senator Mark Johnson Thank you, Madam President. Senator Irvin, I haven't had a chance to go over this with a fine tooth comb, but on number three, and I just want you to clarify, and this is a generalization, to move between disclosure and being forbidden to do something. Does this say that the senator shall not knowingly participate in a discussion of a question of committee or on the floor? And then it shows that the matters of the conflict. Does this prohibit one from us from speaking-- In other words, must someone recuse or is disclosure still adequate response?
Senator Missy Irvin Yes. Disclosure would still be the adequate response. You can participate so long as you disclose.
Senator Mark Johnson My preference has generally been if I was in doubt, I would recuse. And sometimes that's come back and bitten me, but I would rather err on the side of being, not just transparent, but recusing. So we're still maintaining that concept?
Senator Missy Irvin Yes, sir.
Senator Mark Johnson Okay. Thank you, Senator. Thank you, Madam President.
Lt. Gov. Leslie Rutledge Senator Love, you're recognized for a question.
Senator Fredrick Love Thank you. So I'm looking, I just quickly looked at this. Is there a reason why we just went with just the spouse and we took out the family? Was there something that necessitated that change?
Lt. Gov. Leslie Rutledge I think as the committee deliberated, it was looking at what would be a direct financial interest. And if you're sharing a bank account with somebody or within that household, you're in that household, reasonably, I think what we did was we decided it should be limited to just spouse. It gets kind of complicated when you have other financial interests.
Again, this is a guide. Each of us are guided by our own set of ethics, our own set of standards that we will set for each other and for ourselves. And so I think narrowed it is the proper route to go. It just clarifies. It makes it very specific. We did keep family as the definition as it relates to, for instance, members of your family working for the Senate. So we did keep that in place for the extension of family members.
Senator Fredrick Love Okay. All right. Thank you.
Lt. Gov. Leslie Rutledge Any other questions for Senator Irvin? Anyone wish to speak against or for the motion? Senator, you are free to close.
Senator Missy Irvin I'd appreciate a good vote. Thank you.
Lt. Gov. Leslie Rutledge All those in favor, please signify by saying aye. Any opposed. Ayes have it. Motion to adopt the Senate Code of Ethics passes.
Senator Missy Irvin Philip, do I need to do two motions to adopt the amendment and the code of ethics, or are we good with just one motion to adopt as amended? Okay. Okay. Thank you.
Lt. Gov. Leslie Rutledge Senator Dismang, you're recognized.
Senator Jonathan Dismang Thank you. Members, I'd like to withdraw all Senate Bill 59 from the Education Committee for purpose of amendment. This is the free breakfast bill.
Lt. Gov. Leslie Rutledge All in favor of the motion, please signify by saying aye. Any opposed. Ayes have it. Motion carries.
Secretary Amendment 1 to Senate Bill 59.
Senator Jonathan Dismang Members, I'd like to adopt Amendment 1 today because I'm going to ask you over the weekend if you'd like to be a co-sponsor. There are some substantial changes to it. Number one, just kind of directing how we utilize medical marijuana money so that we are prioritizing the programs that are already in place, plus this one. So it does that and also sets a limit on how much will be paid for a breakfast. And that would match essentially what the allowance is on the federal level.
Again, that way there's some caps and limitations in place. This has been really the request of the governor's office and happy to do it because I think it makes a lot of sense. But with that, I would just appreciate a good vote on adopting the amendment just so I can have it incorporated so you can read a full bill before you would sign on to it if you choose to sign on.
Lt. Gov. Leslie Rutledge Any questions for the senator on the amendment? If not, all those in favor please signify by saying aye. Any opposed. Ayes have it. Amendment is adopted. Please send to Engrossing. Announcements. Introductions. Senator English, you're recognized. [Meeting announcements] Madam Secretary, are there items at the desk?
Secretary [Engrossed Bills, SB 58].
Lt. Gov. Leslie Rutledge Public Health. If no further announcements, the Senate will stand in adjournment subject to the clearing of the desk until February 3rd, 2025, at 1:30 p.m..
