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Representative Berks

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Committees

Recent Meetings

Date Committee Speaking Time
April 7, 2025 Judiciary Committee (Senate & House) 331s
March 31, 2025 — 3s

Recent Transcript Excerpts

Judiciary Committee (Senate & House) — April 7, 2025 (2:17:00)

LLC I have to go to the Secretary of State and dig deeper.

Judiciary Committee (Senate & House) — April 7, 2025 (2:16:29)

to the Secretary of State, the mailing address and the physical address that you used to identify that LLC would be revealed to the public. Both addresses would be? Yes and that would be in the Secretary of State's records. Now when we talk about the online privacy from from records generally and we're talking about the assessor's records that are the records for that particular property that's where a lot it's very easy for somebody to go and look look up somebody's home address that way and and so at least it would be a lot more clicks to figure out oh it's owned by

Judiciary Committee (Senate & House) — April 7, 2025 (2:16:26)

the public. Well, for the information relating

Judiciary Committee (Senate & House) — April 7, 2025 (2:15:34)

needs to be a physical address? Do you know the answer to that? It would make sense, but I'm thinking of an LLC. I

Judiciary Committee (Senate & House) — April 7, 2025 (2:15:22)

address of your CPA or your attorney or an institutional registered agent. So it wouldn't necessarily identify your personal residence. Can you give just a mailing box? I don't believe that you can

Judiciary Committee (Senate & House) — April 7, 2025 (2:15:18)

I believe you are required to give a physical address, but that could be the

Judiciary Committee (Senate & House) — April 7, 2025 (2:14:19)

no longer get the homestead exemption in the event of a bankruptcy. So with this bill we're trying to clear up that conflict and also allow a little bit of online records privacy for individuals who choose to do that and with that I'm happy to answer any questions. Questions from committee? Senator

Judiciary Committee (Senate & House) — April 7, 2025 (2:13:47)

in property records. Domestic abuse victims, judges, prosecutors, and other individuals might have a desire to have privacy from these online records. And so owning their home in an LLC would afford them this privacy. You might also recall that last session we passed a law allowing individuals who own their home in an LLC to take advantage of the homestead tax credit. So in essence, we're encouraging some Arkansans, go ahead, put your home in an LLC, take advantage of the tax credit but under current law when you do that you

Judiciary Committee (Senate & House) — April 7, 2025 (2:13:14)

Under current law, certain types of property, including a homestead, are exempt. from bankruptcy and other certain judgments. The purpose behind this policy is, of course, to allow individuals who are struggling financially to maintain their home and other assets while they work to get a fresh start. Because of easy access to online property records, though, some people might prefer to own their home in an LLC for privacy reasons. In Arkansas, if you own your home in your own name or in the name of a trust where you are the trustee, then it's very easy to look up where you live

Judiciary Committee (Senate & House) — April 7, 2025 (2:12:56)

recognized to present House Bill 1729. Thank you, Mr. Chair, and thank you, Committee. I'm pleased to be joined by Hannah Van Horn. She is an attorney with Reese Moore Pendergraf, a JD, and a master of laws in taxation. In the event that you have additional questions, this bill is designed to extend the homestead exemption to a home-owned and a limited liability company.

Judiciary Committee (Senate & House) — April 7, 2025 (2:12:11)

Thank you, committee. - Representative Burks. What bill number, Representative? House Bill 1729. House

Meeting — March 31, 2025 (1:39:11)

exemption in the event that they had to file bankruptcy

Judiciary Committee (Senate & House) — April 7, 2025 (2:16:53)

that are the records for that particular property. That's where a lot, it's very easy for somebody to go and look, look up somebody's home address that way and, and so at least it would be a lot more clicks to figure out, oh, it's owned by an LLC. I have to go to the Secretary of State and dig deeper. OK, thank you. Other questions from committee?

Judiciary Committee (Senate & House) — April 7, 2025 (2:16:31)

know what's reveal to the public. Well, for the information relating to the Secretary of State, the mailing address and the physical address that you used to identify that LLC would be revealed to the public both addresses would be, yes, and that would be in the Secretary of State's records. Now when we talk about the online privacy from from records generally and we're talking about the assessors' records

Judiciary Committee (Senate & House) — April 7, 2025 (2:15:39)

that you can when you register the LLC with the Secretary of State that there needs to be a physical address. Do you know the

Judiciary Committee (Senate & House) — April 7, 2025 (2:15:19)

You're saying we needed to protect. So when you register your LLC with the Secretary of State, I believe you are required to give a physical address, but that could be the address of your CPA or your attorney or an institutional registered agent, so it wouldn't necessarily identify your personal

Judiciary Committee (Senate & House) — April 7, 2025 (2:14:16)

credit. So in essence we're encouraging some Arkansans, go ahead, put your home in an LLC, take advantage of the tax credit, but under current law, when you do that, you no longer get the homestead exemption in the event of a bankruptcy. So with this bill we're trying to clear up that conflict and also allow a little bit of online records privacy for individuals who choose to do that. And with that, I'm happy to answer any questions.

Judiciary Committee (Senate & House) — April 7, 2025 (2:13:46)

your home in your own name or in the name of a trust where you are the trustee, then it's very easy to look up where you live in property and property records, domestic abuse victims, judges, prosecutors, and other individuals might have a desire to have privacy from these online records and so owning their home in an LLC would afford them this privacy. You might also recall that last session we passed a law allowing individuals who own their home in an LLC to take advantage of the homestead tax

Judiciary Committee (Senate & House) — April 7, 2025 (2:13:14)

bill is designed to extend the homestead exemption to a home owned in a limited liability. company. Under current law, certain types of property, including a homestead, are exempt from bankruptcy and other certain judgments. The purpose behind this policy is, of course, to allow individuals who are struggling financially to maintain their home and other assets while they work to get a fresh start. Because of easy access to online property records, though some people might prefer to own their home in an LLC for privacy reasons in Arkansas, if you own

Judiciary Committee (Senate & House) — April 7, 2025 (2:13:01)

Bill 1729. Thank you, Mr. Chair and thank you, committee. I'm pleased to be joined by Hannah Van Horn. She is an attorney with Reese Moore Pendergraph and JD and a Master of Laws and taxation in the event that you have additional questions. This

Bills Discussed

Bill Title Mentions
HB1729 TO AMEND THE HOMESTEAD EXEMPTION ACT; AND TO PROVIDE THAT A HOMESTEAD OWNED BY A LIMITED LIABILITY COMPANY IS ELIGIBLE … 3
HB1838 TO AMEND THE LAW CONCERNING PROBATE ACTIONS; AND TO AMEND THE LAW CONCERNING ADOPTION AND GUARDIANSHIP. 3
HB1844 TO AMEND THE LAW CONCERNING THE OFFENSE OF FLEEING BY MEANS OF A VEHICLE OR CONVEYANCE; AND TO INCREASE THE … 3
SB623 CONCERNING THE TREATMENT OF FEMALE INMATES AND DETAINEES IN CORRECTIONAL OR DETENTION FACILITIES; AND TO AMEND THE LAW REGARDING THE … 3
SB590 TO CREATE THE RECIDIVISM REDUCTION SYSTEM WITHIN THE DEPARTMENT OF CORRECTIONS; AND TO DECLARE AN EMERGENCY. 3
HB1778 TO AMEND THE LAW CONCERNING THE CRIMINAL OFFENSE OF STALKING TO INCLUDE PLACING A PERSON IN FEAR OF SEXUAL ACTS; … 3
HB1835 CONCERNING SPECIALTY COURT PROGRAMS; AND TO UPDATE AND CLARIFY THE LAW CONCERNING DRUG COURT, MENTAL HEALTH COURT, VETERANS COURT, AND … 3
HB1839 TO AMEND THE PROCEDURES FOR THE DECLARATION OF LEGAL DEATH OF A MISSING PERSON. 3
SB5 TO ADD THE CRIMINAL OFFENSE OF PRESCRIPTION DRUG HARM OR HOMICIDE. 3
SB612 TO CREATE A PRIVATE RIGHT OF ACTION AGAINST A SOCIAL MEDIA PLATFORM THAT CAUSES HARM; AND TO IMPOSE A CIVIL … 3
HB1799 TO AMEND THE PERMISSIBLE METHODS OF REPORTING UNDER THE CHILD MALTREATMENT ACT. 3
HB1831 TO AMEND THE LAW CONCERNING THE USE OF SETTLEMENT FUNDS BY THE ATTORNEY GENERAL. 3
SB509 TO CREATE THE OFFENSE OF THEFT OF EQUIPMENT RENTAL SERVICES. 3
HB1848 TO AMEND THE LAW REGARDING THE PRESUMPTION THAT AN AWARD OF JOINT CUSTODY BETWEEN PARENTS IS IN A CHILD'S BEST … 3
HB1749 TO ADOPT THE UNIFORM TRUST DECANTING ACT. 3
HB1779 TO AMEND THE LAW RELATED TO THEFT OF PROPERTY; AND ENHANCE THE OFFENSE CLASSIFICATION FOR THE THEFT OF A POSTAL … 3
HB1611 TO AMEND THE DEFINITION OF ANIMAL FIGHTING WITH RESPECT TO THE OFFENSE OF UNLAWFUL ANIMAL FIGHTING; AND TO CREATE THE … 3
HB1551 TO AMEND THE LAW CONCERNING CRIMINAL ABORTION; AND TO CREATE THE OFFENSE OF COERCED CRIMINAL ABORTION BY MEANS OF FRAUD. 2
HB1829 TO AMEND THE DOMESTIC ABUSE ACT OF 1991; TO PROVIDE FOR REMOTE TESTIMONY IN CERTAIN INSTANCES IN A HEARING UNDER … 2
HB1830 TO AMEND THE LAW CONCERNING THE ATTORNEY GENERAL; AND TO AMEND THE LAW CONCERNING THE PROCUREMENT OF CONTINGENCY FEE CONTRACTS … 2
HB1815 TO AMEND THE STATE'S JURISDICTION OVER FEDERAL LANDS; AND TO RETAIN JUVENILE JUSTICE JURISDICTION BY THE STATE. 2
HB1258 TO CREATE THE COMMUNITY HEALTH WORKER ACT; AND TO ESTABLISH A STATEWIDE CERTIFICATION FOR COMMUNITY HEALTH WORKERS. 2
HB1692 TO AMEND THE LAW CONCERNING POLYGRAPH EXAMINERS AND VOICE STRESS ANALYSIS EXAMINERS; AND TO AMEND THE LAW CONCERNING PRIVATE INVESTIGATORS … 2
HB1780 TO AMEND THE LAW CONCERNING THE RETENTION OF PROPERTY RELATED TO A FELONY INVESTIGATION. 2
HB1148 TO CREATE THE ARKANSAS PRIVACY ACT; AND TO ADDRESS CERTAIN IMAGES CAPTURED BY UNMANNED AIRCRAFT SYSTEMS. 2
HB1824 TO CREATE THE DOG AND CAT RESCUE ACT: DAISY'S LAW. 2
HB1717 TO CREATE THE ARKANSAS CHILDREN AND TEENS' ONLINE PRIVACY PROTECTION ACT. 2
HB1268 TO ALLOW A PUBLIC TRANSIT AUTHORITY TO BECOME A PARTICIPATING PUBLIC EMPLOYER AND FOR ITS EMPLOYEES TO BECOME MEMBERS OF … 2
HB1673 TO AMEND THE LAW CONCERNING BARBERS. 2
HB1662 TO PROHIBIT LOBBYING FOR A COVERED FOREIGN ENTITY. 2

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