Senate Journal
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22001166 ARKANSAS SENATE ARKANSAS SENATE 90TTHH GENERAL ASSEMBLY 90 GENERAL ASSEMBLY TT HHIIRRDD EEXXTTRRAAOORRDDIINNAARRYY SSEESSSSIIOONN MMAAYY 1199,,, 22001166 TToo MMAAYY 2233,,, 22001166 INDEX ALL ROLL CALLS ARE IDENTIFIED BY RED PAGE NUMBERS SENATE BILLS PAGE 1 15, 25, 27, 30, 36, 118, 161, 162, 166, 168 2 15, 29, 39, 118, 161, 162, 166, 168 3 16, 30, 40, 118, 161, 162, 166, 168 ______________________________________________________________ 4 16, 28, 16, 42, 118, 161, 162, 166, 168 5 17, 34, 35, 59, 69, 118, 161, 162, 166,168 6 17, 25, 28, 45, 118, 161, 162, 166, 168 7 18, 165 ______________________________________________________________ 8 18, 28, 47, 118, 161, 162, 166, 168 RED INDICATES ROLL CALL VOL. 9 1- 169 Index of Proceedings 90th General Assembly 3rd Extraordinary Special Session 2 INDEX ALL ROLL CALLS ARE IDENTIFIED BY RED PAGE NUMBERS SENATE BILLS PAGE 9 19, 28, 50, 118, 161, 162, 166, 168 ______________________________________________________________ 10 19, 34, 71, 118, 161, 162, 166, 168 11 20, 23, 27, 165 12 20, 31, 51, 118, 164, 165 13 21, 29, 55, 118, 161, 162, 166, 168 ______________________________________________________________ 14 21, 29, 57, 118, 161, 162, 166, 168 15 22, 165 ______________________________________________________________ RED INDICATES ROLL CALL VOL. 9 1- 169 Index of Proceedings 90th General Assembly 3rd Extraordinary Special Session 3 INDEX ALL ROLL CALLS ARE IDENTIFIED BY RED PAGE NUMBERS SENATE BILLS PAGE 16 22,165 17 22, 165 APPOINTMENTS 85-117 RED INDICATES ROLL CALL VOL. 9 1- 169 Index of Proceedings 90th General Assembly 3rd Extraordinary Special Session INDEX ALL ROLL CALLS ARE IDENTIFIED BY RED PAGE NUMBERS HOUSE BILLS PAGE 1001 59, 66, 118, 122, 166 1002 60, 82, 118, 124, 166 1003 67, 80, 118, 125, 166 1004 77, 118, 126, 166 1005 77, 83, 118, 128, 166 1006 78, 84, 118, 131, 155, 166 1008 67, 75, 118, 144,166 1009 60, 62, 82, 118, 134, 166 RED INDICATES ROLL CALL VOL. 9 1- 169 Index of Proceedings 90th General Assembly 3rd Extraordinary Special Session HOUSE BILLS PAGE 1010 68, 76, 118, 146, 166 1011 61, 118, 147, 166 ______________________________________________________________ 1013 61, 118, 149, 166 1014 79, 81, 118, 151, 166 HCR 1001 7, 7, 31 RED INDICATES ROLL CALL VOL. 9 1- 169 Index of Proceedings 90th General Assembly 3rd Extraordinary Special Session 22001166 AARRKKAANNSSAASS SSEENNAATTEE TTHH 9900 GGEENNEERRAALL AASSSSEEMMBBLLYY 33rrdd EExxttrraaoorrddiinnaarryy SSeessssiioonn F IRST DAY'S PROCEEDING FIRST DAY'S PROCEEDING NNOOOONN TTHHUURRSSDDAAYY MMAAYY 1199,,, 22001166 DDAAYY OONNEE --ooOoo-- FIRST DAY’S PROCEEDINGS SENATE CHAMBER NINETIETH GENERAL ASSEMBLY THIRD EXTRAORDINARY SESSION _ _ _ _ _ _ _ _ _ _ Little Rock, Arkansas May 19, 2016 The Senate was called to order at 9:00 o'clock a.m. by Senator David Johnson. The Secretary called the roll, and the following members answered to roll call: BLEDSOE, BURNETT, CALDWELL, CHEATHAM, CHESTERFIELD, CLARK, COLLINS-SMITH, COOPER, DISMANG, ELLIOTT, ENGLISH, FILES, FLIPPO, FLOWERS, HENDREN, HESTER, HICKEY, HUTCHINSON, INGRAM, IRVIN, B. JOHNSON, D. JOHNSON, KING, LINDSEY , MALOCH, PIERCE, RAPERT, RICE, SAMPLE, SANDERS, STANDRIDGE, STUBBLEFIELD, TEAGUE, WILLIAMS, WOODS. The Senate was led in prayer by Senator Hickey. The Senate was led in the Pledge of Allegiance by the Presiding Officer. 2 Senator Jonathan Dismang, President Pro Tempore of the Senate, named the following members of the Senate as a committee to notify the House of Representatives that the Senate was organized and ready for business: Senator Bart Hester, Chairman Senator Larry Teague Senator Alan Clark Senator Jonathan Dismang, President Pro Tempore of the Senate, named the following members of the Senate as a committee to notify the Governor that the Senate was organized and ready for business: Senator Jon Woods, Chairman Senator Scott Flippo Senator Linda Collins-Smith Ann Cornwell, Secretary of the Senate, read the Governor's Proclamation: 3 STATE OF ARKANSAS EXECUTIVE DEPARTMENT PROCLAMATION TO ALL TO WHOM THESE PRESENTS SHALL COME - GREETINGS: WHEREAS: An extraordinary occasion has arisen making it necessary to convene the 90th General Assembly into extraordinary session; and WHEREAS: There is a need to increase funding for the repair, proper maintenance and development of Arkansas bridges and roads as effective transportation systems are essential to economic development; and WHEREAS: There is a need to promote efficiencies and effectiveness in the operations of state government; and WHEREAS: There is a need to improve the process for identifying and filling vacancies in levee district boards across the state because the efficient functioning of levee district boards is critical to the state; and WHEREAS: There is a need to address the qualifications of professionals under the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act to prevent unnecessary loss of licensure and to remove unintended obstacles to gainful employment; and WHEREAS: There is a need to end the Death and Permanent Total Disability Trust Fund to avoid unfunded future liabilities and an increase in premium tax; and WHEREAS: There is a need to reenact the original date of the sunset of the Arkansas Works Program established by identical Acts 2016 (2nd Ex. Sess.), Nos. 1 and 2 in order to further affirm legislative intent and action; and WHEREAS: There is a need to make corrections to the law concerning the annual school elections to avoid unnecessary election costs associated with school districts that have chosen to hold their annual school election in November; and 4 WHEREAS: There is a need to amend the criminal offense of sexual indecency with a child after the Arkansas Supreme Court's recent decision in State v. Coble, 2016 Ark. 114; and WHEREAS: There is a need to pause current state identifications and classifications to facilitate the transition to a new accountability system for schools and school districts within Arkansas; and WHEREAS: There is a need to amend the law concerning earthquake resistant design requirements found in the Arkansas Fire Prevention Code as the requirements are overly restrictive and unnecessarily burden businesses considering construction in Arkansas. NOW THEREFORE, I, ASA HUTCHINSON, Governor of the State of Arkansas, by virtue of the power and authority vested in me by Article 6, Section 19 of the Arkansas Constitution, do hereby call an Extraordinary Session of the General Assembly to convene in Little Rock on Thursday, May 19, 2016 at 9:00 a.m., and I do hereby specify that the General Assembly is convened in such Session to consider, and, if so advised, enact laws for the following purposes: 1. To provide for the payment of expenses and per diem of the House of Representatives and the Senate for this Extraordinary Session. 2. To increase funding for repair, construction and proper maintenance of Arkansas bridges and roads and to address legislative review of proposed rules of the State Highway Commission. 3. To promote efficiency and effectiveness in the operations of state government by transferring the Arkansas History · Commission to the Department of Arkansas Heritage and amending the membership, tenure, and duties of certain agencies, task forces, committees, and commissions. 4. To merge Crowley's Ridge Technical Institute into East Arkansas Community College. 5. To enhance and streamline the process of identifying and filling board vacancies for certain improvement districts, including levee, drainage, irrigation, watershed and river improvement districts. 6. To protect the property rights of an individual in the use of the individual's name, voice, signature and likeness. 7. To address the qualifications of professionals under the Private Security Agency, Private Investigator and School Security Licensing and Credentialing Act. 5 8. To clarify the law regarding workers' compensation payments under the workers' compensation law that resulted from initiated measure 1948, No. 4 and to end payments to the Death and Permanent Total Disability Trust Fund. 9. To reenact the original date of the sunset of the Arkansas Works Program established by identical Acts 2016 (2nd Ex. Sess.), Nos. 1 and 2. 10. To amend the law to enable annual school elections to be held in November, to make technical corrections to the law concerning the annual school elections and to amend the funding structure and other essential administrative provisions concerning certain school elections. 11. To amend Ark. Code Ann. § 9-28-217 to permit release of juvenile records to a person, agency or organization engaged in bona fide research or evaluation project determined by the Division of Youth Services of the Department of Human Services to have value for the evaluation or development of policies to advance juvenile justice. 12. To amend the criminal offense of sexual indecency with a child. 13. To prohibit identification of schools or districts as being in academic distress pursuant to Ark. Code Ann. § 6-15-428 for the 2016-2017 school year and to prohibit assignment of school ratings pursuant to Ark. Code Ann. § 6-15-2105 for the 2016- 2017 school year. 14. To amend Ark. Code Ann. § 12-80-104 concerning earthquake resistant design requirements for buildings and other structures. 15. To confirm gubernatorial appointees. 6 IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Arkansas to be affixed this 16th day of May, in the year of our Lord 2016. Asa Hutchinson, Governor Attest: Mark Martin, Secretary Of State 7 Received from the House HOUSE CONCURRENT RESOLUTION NO. 1001 NINETIETH GENERAL ASSEMBLY THIRD EXTRAORDINARY SESSION BY: REPRESENTATIVE GOSSAGE HOUSE CONCURRENT RESOLUTION FOR A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HOUSE CHAMBER AT 9:30 A.M. ON THURSDAY, MAY 19, 2016, FOR THE PURPOSE OF HEARING AN ADDRESS BY THE HONORABLE ASA HUTCHINSON, GOVERNOR OF THE STATE OF ARKANSAS. House Concurrent Resolution No. 1001 was read the first time, rules suspended, read the second time and placed on the Calendar.