Senator Bob Ballinger

Arkansas Legislative Council (ALC) — Dec. 20, 2019 (1:47:59)

then on top of it you know you know if they're willing to accept this and start this doing the study process then all of a sudden all this confusion will go away and then that fixes the problem right right right chairman can i

Arkansas Legislative Council (ALC) — Dec. 20, 2019 (1:47:24)

This is for any of my colleagues down there. i mean what i would say is one of the reasons for the resolution um on top of the study that i think the study is necessary but one of the reasons for the resolution is we have constituents right now who are facing being crushed we have have one that well senator sublinfeld and i basically share because she's right on the border and you know she is facing the potential of a tax increase of you know exorbitant amount maybe enough to make it where where she ain't you know loses has no income and so this is a this is a present problem for constituents you know who are facing this and

Arkansas Legislative Council (ALC) — Dec. 20, 2019 (16:24)

That basically changed my question, but I want clarification that his motion essentially is to go ahead. Basically, the previous report that came out of the policymaking subcommittee is what was just adopted there. I

Arkansas Legislative Council (ALC) — Dec. 20, 2019 (9:05)

substitute motion please sir yeah And basically all I need is to to have the bail bonds licensing rules pulled out I need to have a chance to meet with him talk with him about some of them. So my substitute motion would be to Adopt the report with

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (1:30:51)

So there will be no change for 180 days. This rule one will sunset in 180 days if

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (1:30:18)

some things we have no problem with at all we're going to give them 180 days in order to to promulgate rules to do things like take section 11 out all together that that references or find some other statutory authority for it. And there are some other sections that I also have some concerns about that I think exceeds the scope of their statutory authority. And so all I will do is just give them an opportunity to make the rules in conformity to the statutory authority or be able to explain how they believe that the rules do fit into statutory authority.

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (1:29:47)

some concerns so essentially i'll just give you an example um that there was one section in section 11 that points to a code section that no longer exists so it it states as its statutory statutory authority to implement this rule is a code section that was repealed in 2011 11 so those type of rules is exactly why we put the sunset in and so essentially if we now what we're doing is we're saying we're not going to sunset this rule right now because there's some

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (1:29:12)

the first part went through and actually went through last last meeting without any real issues so essentially none of the rules sunset and and we adopted well a group of us started looking at some of the rules and because my experience with the bail bond association i started looking at at these rules and i had some concerns so we held it over until this meeting so essentially there are two rules um big big rules but but you know only two rules that were adopted one set didn't have any issues in it but the set that is actually rule regulation one and item j did have we had

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (1:28:59)

please. Okay, thank you. Okay, so last session, or maybe it was session four anyway, we passed a bill, an act, that essentially makes it where the rules from agencies sunset. So it was divided, I think, in four parts.

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (1:28:10)

rule and regulation two with regard to rule and regulation one i move that these rules not be renewed effective or be yeah not be

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (1:27:49)

recognize you. Thank you, Madam Chair. so this issue on the the bail bonds licensing um regulations were okay so let me let me read the motion then i can um then we can talk to the motion i move that we adopt the report of the administrative rules subcommittee on december 20th from december 20th 2019 with regard to

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (36:38)

Alicia Christopher v. Department of Human Services, and the subcommittee heard public testimony on monk v rogers respectfully i submit the submit by the subcommittee co-chairs respectfully submitted by

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (36:27)

have that report. Thank you, Madam Chair. The Litigation Reports Oversight Committee met Thursday, January 16th. Room B of MAC Subcommittee reviewed one settlement,

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (25:42)

any opportunity further opportunity to discuss this or refer to any of the other comments made i mean if that's the case

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (25:56)

think we've heard both pro and con okay pursuant to alc rule 22 3 fb a majority of the membership of alc can ask for the executive subcommittee to reconsider its decision on emergency rules i move that they reconsider review and approval of the benton county solid waste management district emergency

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (17:53)

emergency rule for a problem that's been going on for you know near a decade and to subvert something that that is in the code something that the courts have have determined and so through rule making they want to try to manipulate the system and like i said i have no hard feelings towards my colleagues that are supporting their benton county solid waste management district but what i would say is that is an issue that affects the rest of us and it should be something that is is not considered as an emergency rule and so that's why i made that motion

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (17:21)

means that the carrier is gonna have to try figure out if they if they do it i don't know what their legal mechanism to enforce it is but have to figure out how to collect the fees and and while i'm not saying that there isn't some reason to debate here what i'm saying is that there should be some debate here this body most of us should have some idea of what's going on here and how it will affect your waste management districts and you don't know that and the reason why you don't know that is this didn't go through alc rules there wasn't the same public comment period and all that it was pushed through as an

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (16:50)

And I don't blame the representatives of Benton County for supporting the Benton County Solid Waste Management District. But what I would say is it's an inappropriate place to consider such an important issue. And by the way, what this rule change does, it doesn't just split the fees, it also changed how the fees are collected. So before it was collected by tons, so it would be collected by the place where it's actually distributed, the trash and distributors. So you have one person collecting the fees. Well now it's every person who carries has to collect the fees, which means an administrative nightmare

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (16:19)

50% of the fees have been held in escrow that should be going to my poor little county in Madison County. Now there's two different worlds, right? So on an executive committee, there are multiple individuals who are from Benton County on the executive committee. Whereas Madison County has one state senator who shares several other counties, has state representatives that share several other counties. The truth is on the executive committee, Benton County is well represented where all the rest of the counties who are affected are not.

Arkansas Legislative Council (ALC) — Jan. 17, 2020 (15:49)

Washington County as well. Well, there was a question about it. They've been in court, they've been litigating, And then recently, there was a court decision, appellate court decision that came on the side of Boston Mountain Solid Waste Management District to say what actually plainly the code says is that if you can't agree on how the fee is split, it should be split 50-50, right? And so for years, 50% of the fees have been distributed to Benton County Solid Waste Management District.