Representative Berks
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Committees
- Judiciary Committee (Senate & House)
Recent Meetings
| Date | Committee | Speaking Time |
|---|---|---|
| April 7, 2025 | Judiciary Committee (Senate & House) | 331s |
| March 31, 2025 | — | 3s |
Recent Transcript Excerpts
LLC I have to go to the Secretary of State and dig deeper.
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
the public. Well, for the information relating
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
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
I believe you are required to give a physical address, but that could be the
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
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
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
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.
Thank you, committee. - Representative Burks. What bill number, Representative? House Bill 1729. House
exemption in the event that they had to file bankruptcy
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?
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
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
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
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.
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
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
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 |