Senate
February 3, 2025
Lt. Gov. Leslie Rutledge The Senate will be called to order. Are there any requests for leave at this time? Madam Secretary, please call the roll. [Roll call] Thank you, Madam Secretary. Leave is requested for Senator Irvin. Thank you all. Everyone in the gallery and in the chamber would please rise for a prayer led by Senator Steve Crowell, followed by the Pledge of Allegiance. Senator Crowell, you're recognized. [Prayer and Pledge]
Thanks, Senator Crowell, for those words. 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? Senator Caldwell, you're recognized.
Senator Ronald Caldwell Thank you, Madam President. Point of personal privilege. I'd like to ask leave for my daughter, Dr. Marian Weatherford and my granddaughter Josie Weatherford.
Lt. Gov. Leslie Rutledge Any other introductions or announcements? Senator Love, you're recognized.
Senator Fredrick Love Thank you, Chair. Never mind.
Lt. Gov. Leslie Rutledge Are there items at the desk?
Secretary [Engrossed Bills, Senate Bill 77]
Lt. Gov. Leslie Rutledge Insurance and Commerce.
Secretary [Committee on Education, Senate Bill 142, do pass]
Lt. Gov. Leslie Rutledge Calendar.
Secretary [Committee on Education, Senate Bill 164, do pass.
Lt. Gov. Leslie Rutledge Calendar.
Secretary Senate Resolution 8 by Senator Love to recognize Monday, February 3rd, 2025, as the Links Legislative Day at State Capitol and to recognize the Links Incorporated for its service and contributions to its chapter communities and State of Arkansas. Senate Resolution 8.
Lt. Gov. Leslie Rutledge Calendar.
Secretary Senate Resolution 9 by Senator Love Celebrate Black History Month during the month of February 2025. Senate Resolution 9.
Lt. Gov. Leslie Rutledge Calendar.
Secretary Senate Joint Resolution by Senator King. A constitutional amendment permitting the state of Arkansas to be sued as a defendant in state court to enforce constitutional rights or as otherwise provided by law. Senate Joint Resolution 9.
Lt. Gov. Leslie Rutledge State Agencies.
Secretary Senate Bill 167 by Senator Clark to amend the dates by which certain requests to transfer public schools and public school districts shall be submitted. Senate Bill 167.
Lt. Gov. Leslie Rutledge Education.
Secretary Senate Bill 168 by Senator Rice to establish a state examination for licensure of massage therapist and to declare an emergency. Senate bill 168.
Lt. Gov. Leslie Rutledge Public Health.
Secretary Senate Bill 169 by Senator Tucker to make technical corrections to the Arkansas Constitution and to amend Arkansas Constitution Amendment 51. Senate Bill 169.
Lt. Gov. Leslie Rutledge State Agencies.
Secretary Senate Bill 170 by Senator Tucker to make technical corrections to Title 1 of the Arkansas Code concerning general provisions. Senate Bill 170.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 171 by Senator Tucker to make technical corrections to title of the Arkansas Code concerning business and commercial law. Senate Bill 171.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 172 by Senator Tucker to make technical corrections to Title six of the Arkansas Code concerning education. Senate Bill 172.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 173 by Senator Tucker to make technical corrections to Title seven of the Arkansas Code concerning elections. Senate Bill 173.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 174 by Senator Tucker to make technical corrections to Title 8 of the Arkansas Code concerning environmental laws. Senate Bill 174.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 175 by Senator Tucker to make technical corrections to Title 11 of the Arkansas Code concerning Labor and Industrial relations. Senate Bill 175.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 176 by Senator Tucker to make technical corrections to Title 15 of the Arkansas Code concerning Natural Resources and Economic development. Senate Bill 176.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 177 by Senator Tucker to make technical corrections to Title 17 of the Arkansas Code concerning professions, Occupations and businesses. Senate Bill 177.
Lt. Gov. Leslie Rutledge Judiciary.
Secretary Senate Bill 178 by Senator Boyd to amend the Arkansas Health Care Decisions Act and to clarify the ability of a surrogate to obtain records of a principal's income, assets and banking and financial records. Senate Bill 178.
Lt. Gov. Leslie Rutledge Public Health.
Secretary Senate Bill 179 by Senator Boyd to establish the Strengthen Arkansas Homes Act and to create the Strengthen Arkansas Homes Program Premier Tax Fund. Senate Bill 179.
Lt. Gov. Leslie Rutledge Insurance and Commerce.
Secretary Senate Bill 180 by Senator Sullivan to amend providers in the program of all inclusive care for the elderly from the licensing requirements for home health care services. Senate Bill 180.
Lt. Gov. Leslie Rutledge Public Health. Thank you, Madam Secretary. Is there any further business to come before the body? Announcements? I see Senator-- I'm sorry.
Senator Fredrick Love Thank you, Governor. Members, I need to suspend the rules to hear Senate Resolution 8 recognizing the Links organization today.
Lt. Gov. Leslie Rutledge Motion to suspend the rules to hear Senate Resolution 8.
Senator Jimmy Hickey Jr. What? What is it?
Lt. Gov. Leslie Rutledge Let me just wrap up the morning hour so we can start the business. Any further business to come before the body in the morning hour? Senator Hickey.
Senator Jimmy Hickey Jr. Senator Irvin's here. We'd asked for a motion for leave, so we just need to rescind that.
Lt. Gov. Leslie Rutledge Thank you. Thanks, Senator Hickey. Morning. Hour has expired. If no further business, we will now begin the business agenda. And we will begin with Senator Hickey. We are going to pass over Senate Resolution 7 and we bring back up Senator Love for Senator Love's motion. Senator Love, you're recognized for your motion.
Senator Fredrick Love Thank you, Governor. I just need to suspend the rules to hear Senate Resolution number 8, which is recognizing Monday, February 3rd, as Links Legislative Day at the State Capitol.
Lt. Gov. Leslie Rutledge Motion to suspend the rules in order to take up Senate Resolution 8 today. All those in favor please signify by saying aye. Any opposed. Ayes have it. Motion passes.
Secretary Senate Resolution 8 by Senator Love to recognize Monday, February 3rd, 2025, as the Links Legislative Day at State Capitol and to recognize the Links Incorporated for its services and contributions to its chapter communities and its state of Arkansas members.
Lt. Gov. Leslie Rutledge Senator Love, you're recognized.
Senator Fredrick Love Thank you, Governor. Members, I appreciate your indulgence. First, I would like to ask for leave for some of my guests, which are the president of the Links organization. Come on closer. So let me just read a little bit about the Links. The Links Incorporated is an international nonprofit corporation established in 1946 by Margaret Roswell Hawkins and Sarah Strickland Scott.
Whereas, The Links Incorporated consist of more than 17,000 professional women of African descent and 299 chapters found in 41 states, the District of Columbia, the Commonwealth of the Bahamas and the United Kingdom. And whereas, The Links Incorporated is one of the nation's oldest and largest volunteer organizations made up of extraordinary women committed to enriching, sustaining and ensuring the cultural and economic survival of African Americans and other people of African ancestry.
Whereas the chapter of the Links Incorporated collectively know the importance of their motto: our voice, our vote, our power. And whereas, the members of the Links Incorporated are influential decision makers, opinion leaders, and distinguished achievers. Now I'm going skip through most of this and just introduce our guests.
Now, therefore, be it resolved by the Senate that the 95th General Assembly of the state of Arkansas that the Senate recognize Monday, February 3rd, as Links legislative day at the State Capitol and recognize the Links Incorporated for service work and contributions to its chapter communities and to the state of Arkansas. Further, it be resolved that upon this adoption, a copy of this resolution be provided by the Secretary of the Senate to the Little Rock chapter President Annette Slater, who is not present because she had to leave, to Pine Bluff chapter president Carla Martin, JD, and the Northwest Arkansas chapter president Phyllis Harris.
Representative Members, I've been knowing of the Links organization ever since, I think it was even before I got to the legislature. I call her the first African American mayor of Little Rock. And Ms. Lottie Shackleford. This is Miss Carla Martin. Ms. Tompkins. I tell you, all the work that they give to our community is invaluable. And so I did want to recognize them this day, February 3rd. So with that, I appreciate a good vote.
Lt. Gov. Leslie Rutledge Thank you, Senator, and welcome, ladies. All those in favor of Senate Resolution 8 to recognize Monday, February 3rd, 2025, as Links Legislative Day at the State Capitol, please signify by saying aye. Any opposed. Ayes have it. Senate Resolution 8 is adopted.
Senator Fredrick Love Thank you.
Lt. Gov. Leslie Rutledge And we are going to pass over Senate Resolution 7. And we will take up Amendment 1 to Senate Bill 12. Senator King.
Secretary Amendment 1 to Senate Bill 12.
Senator Bryan King My bill, my amendment.
Lt. Gov. Leslie Rutledge All those in favor of Amendment 1 to Senate Bill 12, please signify by saying aye. Any opposed. Ayes have it. Amendment is adopted. Please send to Engrossing. Senator King, you're recognized for a motion.
Senator Bryan King I want to make a motion to after Engrossing to send the bill back to committee to be amended. After Engrossing.
Lt. Gov. Leslie Rutledge Senator King has made a motion to re-refer back to State Agencies. All those in favor, please signify by saying aye. Any opposed Ayes have it. Motion passes. We will now take up Senate Bill 48.
Secretary Senate Bill 48 by Senator Boyd to amend the law concerning disclosure of deductibles under certain insurance policies.
Lt. Gov. Leslie Rutledge Senator Boyd, you're recognized.
Senator Justin Boyd Thank you, Madam President. Senate Bill 48, this is a consumer friendly bill which simply requires all owner occupied residential property insurance disclose all deductibles on the declaration page or notice of renewal in a clear and conspicuous manner. There is no known opposition to this bill.
Lt. Gov. Leslie Rutledge Any questions for Senator Boyd? Anyone wish to speak against or for? 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 35 yeas, 0 nays, Senate Bill 48 passes. Please transmit to the House. We will now take up Senate Bill 58.
Secretary Senate Bill 58 by Senator Dismang to remove the prohibition of nonprofit tax exempt or governmentally funded hospitals holding a licensed pharmacy permit for the sale and retail of drugs.
Lt. Gov. Leslie Rutledge Senator Dismang, you're recognized.
Senator Jonathan Dismang Thank you, members. I think you may have had some conversations with folks about this bill. It has been amended. I've tried to do the best I could to explain that last Thursday when I presented the amendment. But this bill is going to remove the current prohibition that we have for tax exempt governmental or nonprofit hospitals from being able to obtain a retail pharmacy license in this state.
It does provide for stipulations, though, that would help, I think, ease some of the concern from the Pharmacy Association. In fact, I think that I have put every one of their concerns or tried to address each one of their concerns and suggestions in this bill. So the first thing as far as the parameters of how a nonprofit, governmental or tax exempt hospital can receive a retail pharmacy permit is, number one, they have to have a hospital pharmacy permit. All nonprofit hospitals, tax exempt or governmental have a hospital pharmacy permit. So that will allow them to have one retail pharmacy permit to pair up with that.
Number two, for every hundred beds that they have, they can have an additional retail permit. But that is all then limited to where those can be. So it's within 250 yards of the campus is where they can have those. So again, you will have one because you have a hospital pharmacy permit and you could have additional because of the size of your campus per 100 beds that you have.
Not inclusive of that-- this was actually a suggestion by the Pharmacy Association-- that nonprofit, governmental or tax exempt infusion centers led by those hospitals could have retail pharmacies that would be stood up next to the infusion centers. And so there is no limitation on that. And if you can think about that, your cancer treatment centers and some other niche, I guess, industry where we are just not able to meet the need, especially in rural Arkansas.
And then the last is if there is not a pharmacy in an area serving a population per the definition of network adequacy, which we approved I think a session ago, then a nonprofit, tax exempt or intergovernmental hospital could open up a pharmacy to fill that need in that area. Again, not in a place that there's already a pharmacy located. There are other parameters that are put in place here.
There is a patient choice requirement, essentially requiring the hospital to allow the patients that they have a choice on where they receive their pharmacy. And then that mirrors what's in place for our nursing homes right now. That was a big push and I think something we saw quoted in the paper several times that they wanted to mirror that. So that is mirrored here.
And then lastly, you'll get to see in ALC, every meeting with ALC, an update on the number of permits issued, closures, and just kind of a report of what's happening with the pharmacy industry as we move forward and where those are. So with that, I'd be happy to take any questions.
Lt. Gov. Leslie Rutledge Any questions for Senator Dismang? Seeing no questions, does anyone wish to speak against or for? I see no one speaking against. Senator Boyd wishing to speak for. Senator Boyd, you're recognized.
Senator Justin Boyd Thank you, Madam President. So, first of all, I think everyone in here knows I'm a licensed pharmacist and I have some ownership in a couple of pharmacies. But just in case, out of abundance of caution, I want to make sure I disclose that to this body so we're all crystal clear before I participate.
So, and then also, people out in the public might not know that. And so I just want to disclose that. And my full disclosure letter will be coming probably later today. So first of all, thank you to Senator Dismang for agreeing to substantially amend his bill. Second, there has been some discussion of a drafting error. If that's the case, I'm confident that that can be clarified. And third, please join me today in voting for this bill. Thank you.
Lt. Gov. Leslie Rutledge Thank you, Senator Boyd. Anyone else wish to speak against or for this bill? Senator, you're recognized to close.
Senator Jonathan Dismang All right. Thank you. Like we've talked about, we are the only state in the country that has this prohibition in place. It doesn't do exactly what I would like it to do. I think that we should repeal the prohibition and move forward. But that's not the way a compromise worked itself out. So my main focus is that we increase access and that we improve outcomes for those that need it the most. And I think this bill still accomplishes that. And with that, I appreciate a good vote.
Lt. Gov. Leslie Rutledge Thank you. The senator has closed. Any objection to rolling the vote? Objection noted. Madam Secretary, please call the roll. [Vote] Any senator who did not vote who wishes to vote? Senator Clark, yes. Senator Mark Johnson, yes. Any other senator? Senator Murdock, present. Any other senator? Seeing no one, please cast up the ballot. By a vote of 34 yea, 0 nay, and 1 present, Senate Bill 58 passes. Please transmit to the House. Senator Tucker, you're recognized to introduce the doctor of the day.
Senator Clarke Tucker Thank you, Madam President. Colleagues, we want to welcome, as always, our nurse, Lee Fazio. And then we also have from UAMS a Little Rock resident for a year and a half now. We're very happy to have her. Someone who specializes in anesthesiology and interventional pain. Doctor Jindal from UAMS. I just want to note, I think we should be aware, Dr. Jindal's institution, UAMS, all of the medication in our clinic over here in the State Capitol to help us throughout the course of the session, that's all donated by UAMS for our benefit. So I just want to make sure folks are aware of that.
Lt. Gov. Leslie Rutledge Thank you, Senator. We will now take up Senate Bill 98.
Secretary Senate Bill 98 by Senator Davis to amend the law regarding alcoholic beverages, to authorize the third party delivery of alcoholic beverages from certain retailers and to create a third party delivery permit.
Lt. Gov. Leslie Rutledge Senator Davis, you're recognized.
Senator Breanne Davis Thank you, Madam President. This bill, members, at a very high level, it does three main things. It adds grocery and convenience stores to the list of approved retailers that can deliver beer and wine. It limits it to wet counties only, and it establishes a third party delivery permit overseen by ABC that will include permit fees and training standards that will address identifying underage persons, intoxicated persons and fake or altered IDs. This, if passed, Arkansas would be the 35th state to implement this law. And every single state that touches Arkansas already allows it in some capacity.
I want to be clear. I think there's been a little bit of confusion in the talking points that some of you may have received, but this is strictly from grocery or convenience stores to your home or your residence or where you have it dropped off. This is not from a warehouse. This isn't about Amazon getting a bunch of stuff from the warehouse and just taking it to your home. This is strictly if you do a Kroger or Harp's or Walmart or Whole Foods grocery delivery order.
It authorizes the third party just as they currently can deliver your groceries to include beer or wine in that grocery order if it is sold in that store, which means you must live in a wet county. So I wanted to be very clear on that. It's not about warehouses. It's grocery store directly to where you have it delivered. I'm happy to take any questions.
Lt. Gov. Leslie Rutledge Questions for Senator Davis? Seeing no questions-- I'm sorry. Senator Clark, you're recognized for a question.
Senator Alan Clark Senator Davis, page 5, line 20, says there is a rebuttable presumption that the sale or delivery of an alcoholic beverage to a minor or intoxicated person was not made with criminal negligence if the delivery driver at the time of the delivery had received training from a training program adopted or approved under 3-4 -1106. Why is it a presumption because somebody's been trained that they didn't deliver to somebody who was intoxicated or to a minor? Why is that a presumption?
Senator Breanne Davis Well, I think it will be very clear in the rules in the way that ABC allows for the delivery permit and requires training for the employees of the third party. So it's going to be very clear in those guidelines as to what they're looking for, who they can deliver, and they'll have to present an ID and show that they are the person that made that order.
Senator Alan Clark So I should make the presumption that if I've done the right training for a cashier at my store, that they're not taking money out of the till. Is that what you're saying?
Senator Breanne Davis Well, I think, as I said, I think it will be clear in the rules as to how ABC deals with their permit. I mean, I would say that third parties have just as much to lose as the grocery stores. I mean, if they're not allowed a permit, that means they will not be able to deliver in the state. So ABC will be the one enforcing and coming up with the exact rules on how to handle situations just like this.
Senator Alan Clark I don't argue that they'll make the rules, but they will make the rules according to what we pass here. And I don't understand the presumption that somebody is not doing wrong because they have sting operations. Since I was in high school, I've known of sting operations where liquor stores were selling to minors over the counter. So if a liquor store themselves would have done that, then I'm going to assume that a third party is not any more just because they've been trained. So I don't understand the presumption of innocence because you've had training. I can't see how that works.
Senator Breanne Davis So I think it's a little like innocent until proven guilty, not guilty until proven innocent. So if a situation occurs, I think the initial response is to see exactly what happened rather than presuming guilt. And I assume that there will be an investigation as ABC promulgates the rules for exactly how to handle situations like this to ensure that if it was done on purpose, that it will be dealt with accordingly, but not just assuming from the get go that they are in fact guilty.
Senator Alan Clark Okay. And this doesn't help Amazon? Amazon can't participate in this?
Senator Breanne Davis Amazon can participate. Amazon, I think, is who delivers for Whole Foods. But it's not coming from their warehouse. And that's what I wanted to be clear about. If Amazon is delivering anything, it was because an order was placed directly with a Whole Foods or a grocery store and they are picking up from that grocery store in that county and delivering it to that home.
Senator Alan Clark Okay. I thank you for making it clear because I just happened to have sat across the table from the Amazon person last week who was here for this bill. So I was a little confused by that. Thank you.
Senator Breanne Davis Yes, thank you.
Lt. Gov. Leslie Rutledge Other questions? Senator Payton, you're recognized for a question.
Senator John Payton Thank you, Madam President. So in regards to the paragraph that Senator Clark was talking about, are you saying that it's not granting immunity on criminal negligence or that it's just changing the presumption on the front end?
Senator Breanne Davis Yes, changing presumption on the front end. It's not just saying you're absolved no matter what, as long as you've had the training you can do no wrong. It's just saying that we're not going to just assume guilt on the front end, but investigate to ensure that they're complying with training and standards and see what happened.
Senator John Payton Well, I appreciate that. I'm not an attorney. And when you start discussing it, it gave me pause because I know that the law trumps the rules that are going to be made. And it certainly appears to me, just the way I read it, that we are granting some level of immunity, maybe it's not full immunity, on that criminal negligence. But thank you.
Senator Breanne Davis Thank you.
Lt. Gov. Leslie Rutledge Any other questions for Senator Davis? Anyone wish to speak against the bill? Anyone wish to speak for? Senator, you are free to close.
Senator Breanne Davis Thank you. Members, I ask for a good vote and I'm closed for my bill.
Lt. Gov. Leslie Rutledge All right. Thank you, Senator. The senator has closed. Any objection to rolling the vote? Objections noted. Madam Secretary, please call the roll. [Vote] And I will begin on this side. Any senators who did not vote or who wish to change your vote. Senator Gilmore, no. Any other senators on this side? Senator Dees, no. Hill, no. Any other senators who have not voted or who wish to change your vote? Senator Flowers, no. Any other senators? Please check the board. Seeing no other senators, please cast up the ballot. By a vote of 15 yea, 12 nay, 8 not voting, Senate Bill 98 fails.
[Vote: No: Clark, Dees, Flowers, Gilmore, Hickey, Hill, Love, Payton, Penzo, Rice, Scott, Stubblefield; Not voting: Caldwell, Dotson, Hammer, B. Johnson, King, Murdock, Petty, Tucker].
Lt. Gov. Leslie Rutledge Senator Davis, you're recognized.
Senator Breanne Davis Thank you, Madam President. I'd like to make a motion to expunge the vote by which SB 98 failed.
Lt. Gov. Leslie Rutledge Motion to expunge the vote. All those in favor, please signify by saying aye. Any opposed. Ayes have it. Motion passes. Thank you, Senator Davis. We will now take up the Senate Bill 102.
Secretary Senate Bill 102 by Senator Davis to amend the law concerning canvassers for local option elections and to amend the law concerning compensation of paid canvassers for local option elections.
Lt. Gov. Leslie Rutledge Senator Davis, you're recognized.
Senator Breanne Davis Thank you, Madam President. In 2021, we passed a bill known as Act 951 that set standards statewide for our elections for our paid canvassers. So what this bill does is the exact same thing for local wet dry elections, and it has the same standards that we currently require of our paid canvassers statewide. And that language is mirrored exactly in this part of the law.
You'll see references to a county clerk instead of the secretary of state, because that's how it goes locally, where the signatures will be turned into. The only thing that is new language in the bill is page four, line 19. And it just says that the signature section of the petition shall be formatted as prescribed by the county clerk, which they currently have the authority to do so, and it shall contain the same number of signature lines prescribed by the Secretary of State for statewide petitions. That's usually around ten per page. We just made that uniform.
So whether or not you're paying canvassers statewide to collect signatures or you're paying them locally for a wet dry ballot option, then the standards are exactly the same. I'm happy to take any questions.
Lt. Gov. Leslie Rutledge Any questions for Senator Davis? Senator Irvin, you're recognized for questions.
Senator Missy Irvin Thank you. I just noticed, I was reading this on page three, lines 19 and 20, you've stricken that language and replaced it with the disqualifying offenses under and then added, I think, some of those other parameters. So would that be consistent with existing law or does the other law need to be changed to reflect that change?
Senator Breanne Davis It's consistent with existing law. It just was worded differently here. So we scratched it and it says the same thing under Title 7, where we have all that language. So it's the exact same.
Senator Missy Irvin Okay. Thanks. Just wanted to make sure.
Senator Breanne Davis Yes, Thank you.
Senator Missy Irvin Any other questions for Senator Davis? Seeing no other questions, anyone wish to speak against the bill? Anyone wish to speak for? Senator Davis, you're recognized to close.
Senator Breanne Davis Thank you. Members, I ask for a good vote and I'm closed for my bill. Thank you.
Lt. Gov. Leslie Rutledge Senator has closed. Any objection to rolling the vote? Objection noted. Madam Secretary, please call the roll. [Vote] Any senator wish to vote who is not voted or change his or her vote? I see Senator Murdock, no. Senator Caldwell, yes. Any other Senator? Please check the board. Seeing no others, please cast up the ballot. By a vote of 29 yea, 5 nay, 1 not voting, Senate Bill 102 passes. Please transmit to the House. Senate Bill 133.
[Vote on SB 102: No: Love, Murdock, Scott, Stubblefield, Tucker; Not voting: Dees]
Secretary Senate Bill 133 by Senator Boyd to amend the Uniform Commercial Code to define Central Bank digital currency under the Uniform Commercial Code and to modify the Uniform Commercial Code definitions of money and deposit accounts.
Lt. Gov. Leslie Rutledge Senator Boyd, you're recognized.
Senator Justin Boyd Thank you, Madam President. So let me start with two things. What this bill is not, first of all, this bill, Central Bank digital currency is not cryptocurrency. So just to clarify, this is not cryptocurrency that we're talking about. Second of all, what this is not, is this is not the 2022 amendment to the UCC, which Governor Kristi Noem at the time vetoed. This is actually a different version of the UCC.
So Central Bank digital currency or CBDC means a form of digital money or monetary value denominated in the national unit of account that is a direct liability of the Central Bank. A CBDC in the U.S. would allow government to know how much money we have, how we spend the money, and ultimately control how we spend that money. Further, it would fundamentally change our banking system. Neither of those things are good. So this bill does three things. One, it has to provide a definition of Central Bank digital currency in order to do the other two things. It clarifies that Central Bank digital currency is not money. Clarify, is not money.
It also clarifies that CBDC is not a deposit account in the state of Arkansas. By clarifying a Central Bank digital currency is not money in Arkansas and the Uniform Commercial Code, it places a constitutionally sound speedbump in the way of our federal government implementing a Central Bank digital currency. That's right. It's a speed bump. It makes it harder, if not impossible, for our federal government to implement something as egregious as a Central Bank digital currency.
Other states have done other things to create a speed bump, but this method is substantially similar to the mechanism Florida used a couple of years ago. So this is what the Florida legislature did and Governor Ron DeSantis signed into legislation. This is not, again, repeat, this is not implementing the language of the 2022 UCC, which would have smoothed the transition. This is actually doing the opposite of that. The Banking Association spoke in favor of this bill in committee, and the banking department is fully aware of this and they have not expressed any concerns to me about this bill.
Lt. Gov. Leslie Rutledge Any questions for Senator Boyd? Senator Mark Johnson, you're recognized for a question.
Senator Mark Johnson Senator Boyd, thank you for your work on this bill, and you've done a great job of clarifying it. I want to further clarify that if someone is skeptical of the concept of Central Bank digital currency, and Central Bank generally is are going to mean the Federal Reserve, then they would support this bill. And if they're not skeptical of that possible creation, then they could vote against it. But in committee you used the term speedbump. This doesn't create or condone or anything. It just makes sure that that process is slowed down. Did I understand that correctly?
Senator Justin Boyd That's right. Because by changing our UCC, it creates a challenge of implementing Central Bank digital currency. Now we could find out that constitutionally we can't do this, but I would say we have states rights and it is very much the state's right to amend the UCC, just like Florida and some other states have done.
Senator Mark Johnson Okay. Thank you, Senator. Thank you, Madam President.
Lt. Gov. Leslie Rutledge Other questions? Senator Stubblefield, you're recognized for a question. I wanted to make sure that Senator Boyd was willing to be in the well.
Senator Gary Stubblefield The other two states, Florida and South Dakota, are those states in litigation over the constitutionality of this?
Senator Justin Boyd No, not to my knowledge. No one is under that. In fact, the White House has come out currently and said, hey, this isn't going to happen under this administration. But the challenge is, what about the next one or the one after that? So something where the federal government can know where every unit of money we have is and fundamentally change our banking system, we need to do our part to say no.
Senator Gary Stubblefield What ties would this have with the Federal Reserve?
Senator Justin Boyd The Central Bank is the Federal Reserve.
Senator Gary Stubblefield So it will be the same thing?
Senator Justin Boyd Yes. The Federal Reserve basically becomes the National bank, the bank, if Central Bank digital currency were to actually happen. But that's what this does, is it seeks to stop Central Bank digital currency from happening.
Lt. Gov. Leslie Rutledge Anyone wish to speak against the bill? Anyone wish to speak for? Senator Boyd, you're recognized to close.
Senator Justin Boyd Thank you, Madam President. Appreciate a good vote. Thank you.
Lt. Gov. Leslie Rutledge Senator has closed. Any objection to rolling the vote? Objection noted. If you all can be clear. Okay. Thank you. Objection noted. Madam Secretary, please call the roll. [Vote] Any senators who did not vote who wish to vote? I see Senator Crowell, yes. Any other senators on this side? Senator Love, present. Senator Irvin, present. Murdock, present. Scott, present. Hill, yes. Any others? Hickey, yes. Any others? Please check the board. Please check the board. Any others? Seeing no others, please cast up the ballot. By a vote of 31 yeas, 0 nays and 4 present, Senate Bill 133 passes. Please transmit to the House. We are now going to take up Senate Resolution 7.
Secretary Senate Resolution 7 by Senator Dees to recognize the city of Siloam Springs as recipient in 2024 of a Volunteer Community of the Year award, the Most Innovative City Award, the Community of the Year Award, Trendsetter City Award.
Lt. Gov. Leslie Rutledge Senator Dees, you're recognized.
Senator Tyler Dees Thank you, Madam Secretary. Thank you, Madam Governor. Members, I'd like leave for my friends here, Mayor Judy Nation and Chamber President Arthur Hulbert. Great city. Thank you. I'm joined by my good friends. We have a host of friendly folks as well in the gallery today from Siloam Springs for this wonderful resolution. In fact, they had to shut the town down because we have all the delegates from Siloam Springs here at the Capitol today.
But what I want to share real fast about this resolution, and it starts for me like this, being the furthest legislator from the Capitol. But I still know you all share the same sentiment. When I pull into town from a long week here in Little Rock and I get to go back home, there's a sigh of relief that we all feel. No matter how far you are away from home. But I feel that same way right now because I get to honor my hometown here at the Capitol.
The city of Siloam Springs has been given multiple awards, and we're going to highlight some of those today. They've been given by Engage Arkansas the volunteer city of the year. I hear that amen. Thank you. And they've also been given the Floodplain Management Association award and the Trendsetter City of the Year award. And so this is really special to be representative, this being my hometown and having them here, four hours away from the Capitol.
We've been able to have lunch with them and to honor them. But thank you for let me bring them here today. And so, members, I'd ask for a resounding positive vote on this resolution as we recognize Siloam Springs as the Volunteer City of the Year.
Lt. Gov. Leslie Rutledge Thank you, Senator Dees. All those in favor of Senate Resolution 7 to recognize the city of Siloam Springs as recipient in 2024 Volunteer Community of the Year award, the Most Innovative City Award, the Flood Plain Community of the Year Award, and a Trendsetter City Award, please signify by saying aye. Any opposed. Ayes have it. Senate Resolution 7 is adopted.
Senator Tyler Dees And while we're standing to applause, please recognize we have our mayor here, our city administrator. We've got members of the Chamber of Commerce, Western Benton County Partnership, Kiwanis Club, Kind at Heart Rotary Club, Boys and Girls Club, Simmons Foods and a few that I'm sure I've missed. But all of them have been a big part of why they are the volunteer City of the year. So thank you, one more time, Siloam Springs.
Lt. Gov. Leslie Rutledge And thank you all for joining us at the Capitol today. We will now take up House Bill 1056.
Secretary House Bill 1056 by Representative Evans and Senator Hester to create the Joint Committee on Military and Veterans Affairs and declare an emergency.
Lt. Gov. Leslie Rutledge Senator Hester, you're recognized.
Senator Bart Hester Thank you, Madam President. So, Members, this is a bill creating a new joint committee on Military and Veterans Affairs. And I think the question that I've been getting a lot is why. And I think we have to look back. Why do we have any subcommittees? Why don't we just hear everything on the floor?
We have a subcommittee when we feel like it's an issue that is worthy of having a subset of members that understand the issues, can hear them routinely, hear them year after year, understand them better so we can better serve whatever population that is. And I think that's where we are with our military and Veterans Affairs.
We know that the military veteran population in the state of Arkansas is growing. We can cite that with the F-35 project in Fort Smith. We know that the munitions down in Camden are continuing to grow. We've recently, a few years ago, we made the retirement for military tax exempt, which is also helping move military people and veterans here. So with that, we know that there's a growing population in Arkansas. We want to continue to honor them in the way that I believe the state of Arkansas should. With that, we hope, I hope that you will join me in supporting this committee.
Lt. Gov. Leslie Rutledge Any questions for Senator Hester? Senator Payton, you're recognized for a question.
Senator John Payton Thank you, Senator Hester. And we hashed this out in committee and I appreciate the amendment that was made, but I'd like it stated on the floor that bills that get assigned to this committee could be from either chamber. And if a bill is assigned to the committee from either chamber and the other chamber wants to oppose it what the remedy would be, and I think we discussed that could be set even through a second committee if it's something pertaining to health care or taxes or something like that could go to one of those committees in addition to this. Can you just restate that on the record?
Senator Bart Hester Sure. The clarification would be on almost all of these joint committees, the House has more members than the Senate does. For instance, on Joint Energy, there's 15 House members and ten senators. On this one, there'll be 12 House members and 8 senators. So if we have a joint committee and all the House members vote for ir and no senators, it can be called do pass.
Well, if we're not happy with how that went when it comes to our floor, we'll just have Philip re-refer it or 18 members will re-refer ot to State Agencies or whatever committee that is. But 18 members are not bound by something that happens at a joint committee. It is my guess that by far and away the majority of the time there will be, you know, significant support or opposition to any bill. But if we don't like the results of what came out of that committee, 18 people on this floor will re-refer it to another committee to be heard.
Lt. Gov. Leslie Rutledge Any other questions for Senator Hester? Seeing no other questions, anyone wish to speak against the bill? Anyone wish to speak for the bill?Senator, you are free to close.
Senator Bart Hester Members, I think I heard a question, when will this start? There's an emergency clause on the back. So as soon as the governor signs this bill, it would be law. Now, we made an amendment in my closing here. That amendment on page three, we moved shall to a may. It did say that any bill relating to military affairs shall be referred to this committee.
Well, if it was to do with income tax, we don't want it to go to military. We would want it to go to the Revenue and Tax Committee. So we amended that so it will have to go back to the House for confirmation of that amendment, then to the governor's desk. And with that, I ask for a good vote. Thank you.
Lt. Gov. Leslie Rutledge Senator has closed. Any objection to rolling the vote? Objections noted. Madam Secretary, please call the roll. [Vote] Any senators wish to vote? Senator Clark, present. Senator Murdock, yes. Scott, are you changing your vote? Okay. You all are just talking. Okay. Okay. All right. I just want to make sure we were stealing third or what we were doing. Okay. Any any other senators wish to change your vote? Please check the board. Seeing no one, please cast up the ballot. By a vote of 33 yea, 0 nay, and 2 present, House Bill 1056 passes and the corresponding emergency clause is adopted. Please return to the House. We have items at the desk.
Secretary [Engrossed Bills, Senate Bill 12]
Lt. Gov. Leslie Rutledge State Agencies.
Secretary Senate Bill 181 by Senator Sullivan to amend the Regional Library System law and to amend the requirements for Regional Library System Directors.
Lt. Gov. Leslie Rutledge City County Local. Any announcements? [Meeting announcements] Seeing no other announcements, Senate will stand in adjournment until 1:30 p.m. February 4, subject to the clearing of the desk.
