--ooOoo-- FIFTH DAY’S PROCEEDINGS SENATE CHAMBER EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION _ _ _ _ _ _ _ _ _ _ Little Rock, Arkansas April 7, 2006 The Senate was called to order at 11:00 o'clock a.m. by the President. The Secretary called the roll, and the following members answered to roll call: ALTES, ARGUE, BAKER, BISBEE, BROADWAY, BROWN, BRYLES, CAPPS, CRITCHER, FARIS, GLOVER, HENDREN, HIGGINBOTHOM, HILL, HOLT, HORN, G.JEFFRESS, J.JEFFRESS, JOHNSON, LAVERTY, LUKER, MADISON, MALONE, MILLER, SALMON, SMITH, STEELE, TAYLOR, TRUSTY, WHITAKER, WILKINS, WILKINSON, WOMACK, WOOLDRIDGE. The Senate was led in prayer by Senator Jimmy Jeffress. The Senate was led in the Pledge of Allegiance by the President. On motion of Senator Hill, the reading of the Journal was dispensed with. ARKANSAS SENATE EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION April 7, 2006 Mr. President: We, your Committee on EDUCATION, to whom was referred: HOUSE BILL NO. 1016, BY REPRESENTATIVE ABERNATHY, HOUSE BILL NO. 1030, BY REPRESENTATIVE WALTERS beg leave to report that we have had the same under consideration, and herewith return the same with the recommendation that they do pass. Respectfully submitted, (SIGNED) SENATOR JIM ARGUE, CHAIRMAN Senate Bill No. 12 was returned from the House as passed, emergency clause having failed of adoption, and ordered enrolled. Senate Bill No. 27 was returned from the House as passed, as amended. On motion of Senator Broadway, Senate Bill No. 27 was ordered re-referred to the Committee on EDUCATION. 234 SENATE MEMORIAL RESOLUTION NO. 4 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: SENATOR BAKER SENATE MEMORIAL RESOLUTION IN RESPECTFUL MEMORY OF DR. JACK LOGAN AND MR. BERT ALEXANDER AND IN RECOGNITION OF THEIR SACRIFICE. Senate Memorial Resolution No. 4 was read the first time, rules suspended, read the second time and placed on the Calendar. On motion of Senator Trusty, the Governor was requested to return Senate Bill No. 20 to the Senate. S T A T E O F A R K A N S A S GENERAL ASSEMBLY Arkansas Senate LITTLE ROCK, ARKANSAS Ann Cornwell Secretary of the Senate Senate Fiscal Officer State Capitol, Room 320 Little Rock, Arkansas 72201 501-682-5951 Fax 501-682-2917 e-mail: [email protected] April 7, 2006 The Honorable Mike Huckabee Governor, State of Arkansas State Capitol Little Rock, Arkansas 72201 Dear Governor Huckabee: The Senate respectfully requests the return of Senate Bill No. 20 from the Governor’s Office. Sincerely, (SIGNED) ANN CORNWELL Secretary of the Senate 235 On motion of Senator Broadway, the Senate resolved itself into the Committee of the Whole for the purpose of honoring Corporal Scott Baxter. Without objection, the Committee of the Whole was dissolved, and the Senate took up its regular order of business. On motion of Senator Broadway, Senate Resolution No. 4 was called up for third reading and final disposition. SENATE RESOLUTION NO. 4 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: SENATOR BROADWAY SENATE RESOLUTION HONORING CORPORAL SCOTT BAXTER OF THE ARKANSAS STATE POLICE FOR HIS SERVICE AS A STATE TROOPER AND CONVEYING BEST WISHES FOR A SUCCESSFUL RECOVERY FROM HIS INJURIES SUSTAINED IN THE LINE OF DUTY. Senate Resolution No. 4 was read the third time and adopted. (SIGNED) ANN CORNWELL, SECRETARY 236 On motion of Senator Steele, the Senate resolved itself into the Committee of the Whole for the purpose of congratulating the North Little Rock Lady Charging Wildcats. Without objection, the Committee of the Whole was dissolved, and the Senate took up its regular order of business. On motion of Senator Steele, Senate Resolution No. 7 was called up for third reading and final disposition. SENATE RESOLUTION NO. 7 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: SENATORS STEELE & SALMON SENATE RESOLUTION CONGRATULATING THE NORTH LITTLE ROCK LADY CHARGING WILDCATS ON THEIR EXCELLENT SEASON AND CLASS AAAAA GIRLS' STATE BASKETBALL CHAMPIONSHIP. Senate Resolution No. 7 was read the third time and adopted. (SIGNED) ANN CORNWELL, SECRETARY 237 ARKANSAS SENATE EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION April 7, 2006 Mr. President: We, your Committee on ENROLLED BILLS, to whom was referred: SENATE BILL NO. 11, BY SENATOR CRITCHER, SENATE BILL NO. 22, BY SENATOR BROADWAY, SENATE BILL NO. 20, BY SENATOR TRUSTY, beg leave to report that we have carefully compared the enrolled copies with the original and we find the same correctly enrolled and have at 10:05 a.m. delivered them to the Governor for his approval. Respectfully submitted, (SIGNED) JOHN PAUL CAPPS, CHAIRMAN GOVERNOR'S BILL RECEIPTS SENATE BILL NO. 11 SENATE BILL NO. 22 SENATE BILL NO. 20 RECEIVED the above papers from the Secretary of the Senate this 7th day of April, 2006 at 10:05 a.m.. (SIGNED) MIKE HUCKABEE Governor (SIGNED) Shannon Hunter Secretary 238 SENATE RESOLUTION NO. 9 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: SENATOR HOLT SENATE RESOLUTION CONGRATULATING THE UNDEFEATED SPRINGDALE BULLDOGS ON A HISTORIC SEASON AND THE CLASS AAAAA FOOTBALL CHAMPIONSHIP. Senate Resolution No. 9 was read the first time, rules suspended, read the second time and placed on the Calendar. SENATE RESOLUTION NO. 10 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: SENATOR HOLT SENATE RESOLUTION CONGRATULATING SPRINGDALE BULLDOG QUARTERBACK MITCH MUSTAIN ON AN EXCELLENT SEASON AND OUTSTANDING HIGH SCHOOL FOOTBALL CAREER. Senate Resolution No. 10 was read the first time, rules suspended, read the second time and placed on the Calendar. 239 HOUSE CONCURRENT MEMORIAL RESOLUTION NO. 1001 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: REPRESENTATIVE SCHULTE, ET AL BY: SENATORS CAPPS & GLOVER HOUSE CONCURRENT MEMORIAL RESOLUTION IN RESPECTFUL MEMORY OF MR. F. CONE MAGIE AND IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE STATE OF ARKANSAS AND HIS LOCAL COMMUNITY. House Concurrent Memorial Resolution No. 1001 was read the first time, rules suspended, read the second time and placed on the Calendar. HOUSE CONCURRENT MEMORIAL RESOLUTION NO. 1002 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: REPRESENTATIVE BLOUNT, ET AL BY: SENATOR HIGGINBOTHOM, ET AL HOUSE CONCURRENT MEMORIAL RESOLUTION CELEBRATING AND REMEMBERING THE LIFE AND ACCOMPLISHMENTS OF REPRESENTATIVE JOHN ALVIN EASON. House Concurrent Memorial Resolution No. 1002 was read the first time, rules suspended, read the second time and placed on the Calendar. Senate Bill No. 20 was returned from the Governor as requested. 240 On motion of Senator G. Jeffress, Senate Resolution No. 8 was called up for third reading and final disposition. SENATE RESOLUTION NO. 8 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: SENATOR G. JEFFRESS SENATE RESOLUTION CONGRATULATING THE STRONG HIGH SCHOOL LADY BULLDOGS ON THEIR SECOND CONSECUTIVE CLASS AA GIRLS' STATE BASKETBALL CHAMPIONSHIP. Senate Resolution No. 8 was read the third time and adopted. (SIGNED) ANN CORNWELL, SECRETARY On motion of Senator Baker, the rules were suspended in considering Senate Memorial Resolution Bill No. 4 at this time. On motion of Senator Baker, Senate Memorial Resolution No. 4 was called up for third reading and final disposition. SENATE MEMORIAL RESOLUTION NO. 4 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: SENATOR BAKER SENATE RESOLUTION IN RESPECTFUL MEMORY OF DR. JACK LOGAN AND MR. BERT ALEXANDER AND IN RECOGNITION OF THEIR SACRIFICE. Senate Memorial Resolution No. 4 was read the third time and adopted. (SIGNED) ANN CORNWELL, SECRETARY 241 On motion of Senator Holt, the Senate resolved itself into the Committee of the Whole for the purpose of honoring the Springdale Bulldogs. Without objection, the Committee of the Whole was dissolved, and the Senate took up its regular order of business. On motion of Senator Holt, Senate Resolution No. 9 was called up for third reading and final disposition. SENATE RESOLUTION NO. 9 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: SENATOR HOLT SENATE RESOLUTION CONGRATULATING THE UNDEFEATED SPRINGDALE BULLDOGS ON A HISTORIC SEASON AND THE CLASS AAAAA FOOTBALL CHAMPIONSHIP. Senate Resolution No. 9 was read the third time and adopted. (SIGNED) ANN CORNWELL, SECRETARY Senate Bill No. 21 was returned from the House as passed and ordered enrolled. 242 On motion of Senator Holt, the Senate resolved itself into the Committee of the Whole for the purpose of congratulating Bulldog quarterback Mitch Mustain. Without objection, the Committee of the Whole was dissolved, and the Senate took up its regular order of business. On motion of Senator Holt, Senate Resolution No. 10 was called up for third reading and final disposition. SENATE RESOLUTION NO. 10 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: SENATOR HOLT SENATE RESOLUTION CONGRATULATING SPRINGDALE BULLDOG QUARTERBACK MITCH MUSTAIN ON AN EXCELLENT SEASON AND OUTSTANDING HIGH SCHOOL FOOTBALL CAREER. Senate Resolution No. 10 was read the third time and adopted. (SIGNED) ANN CORNWELL, SECRETARY Senator Broadway moved that the record pertaining to the vote by which House Bill No. 1036 passed and emergency clause was adopted be expunged, the motion was duly seconded and prevailed. On motion of Senator Broadway, House Bill No. 1036 was called up for third reading and final disposition. 243 HOUSE BILL NO. 1036 CALL ITEM NO. 17 As Engrossed: H4/5/06 S4/6/06 EIGHTY-FIFTH GENERAL ASSEMBLY 1ST EXTRAORDINARY SESSION BY: REPRESENTATIVES COOK & MEDLEY BY: SENATOR BROADWAY A Bill for an Act to be Entitled: AN ACT TO ESTABLISH THE EXTRAORDINARY CIRCUMSTANCES PROGRAM FOR PUBLIC SCHOOL ACADEMIC FACILITIES; AND FOR OTHER PURPOSES. House Bill No. 1036 was placed on third reading and final disposition, the question being: Shall the Bill pass? The Secretary called the roll, and the following members voted: AFFIRMATIVE: Altes, Argue, Baker, Bisbee, Broadway, Brown, Bryles, Capps, Critcher, Faris, Glover, Hendren, Higginbothom, Hill, Horn, G. Jeffress, J. Jeffress, B. Johnson, Laverty, Luker, Madison, Malone, Miller, Salmon, T. Smith, Steele, Taylor, Trusty, Whitaker, Wilkins, Wilkinson, Womack, Wooldridge.