ALC-Occupational Licensing Review Subcommittee
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Please please have a seat and we will get started with the occupational licensing review committee. We don't have a whole lot on the agenda but what we have on the agenda is very important so do you have a comment mister hype and so right now what we're going to have as a presentation on the recommendation of their draft legislation that we were looking out of. For this session so I mislead if you would begin both of the introduced yourself. Joy leonard beer of legislative
research. Elizabethly and I am a legislative attorney with the bureau of legislative research I have been asked where the subcommittee to prepare bill drafts and explain certain aspects of those drafts to the subcommittee however the bureau of legislative research is nonpartisan and impartial as an employee if the bureau I cannot add to keep for against he spells or the issues presented by them please do not construe any of my comments that statements of support or opposition for this legislation
also please note that is of your own play I cannot express my opinion regarding policy issues I am happy to take questions following the presentation of each bill but I would defer any questions regarding policy to the wishes of the subcommittee. The first is the bell to repeal statutes concerning the occupational authorization and license or private employment agencies employment counselors in employment agency managers the first section of the spell drive which is pages one through twenty four repeals title eleven
chapter eleven in its entirety which is the arkansas private employment agency act of nineteen seventy five. The fact regulates that operation of private employment offices in agencies heads that's for it license applications qualifications for employment counselors agency managers and employment agencies the examination required for licenses license fees guidelines for temporary licenses and the renewal licenses as well as the process for issues refusal suspension and rabication of licenses. The other two sections of this
bill which begin on page twenty four make conforming changes in the code to reflect the repeal and section one concerning private employment agencies and the arguments are private employment agency act in nineteen seventy five. This concludes my presentation on this bill and i'm happy to take questions at this time. Are there any questions. The. Representative mix it up so mislead but since I think you just came on board so
this year very first time presenting to a legislative committee it is so I got to ask at least one question do you so as we've prepared these do you know if either this one or the next one you may need to research is did they have any fun balances left remaining in their respective organizations they all know that or do you have that information in front of me I do not but I can check in get
back to you look at the sounds good thank you. You know questions do I hear emotional oh i'm sorry. I'm not in the center of over there so they're urban i'm not on the committee but just quickly i'm sure that there's subcommittee to the process of looking at this and deciding so diamond just kind of sharing at this has just not been utilized really pretty much done exist anymore okay and I think the phone balance is a really good
question as well and then and then so it wouldn't affect any current state employees either correct. That we know I would also need to look into that and follow up with you yeah it'd be nice to know their fund balance and if they had an appropriation as well and the budget and if there were any employees that will be affected by the repeal of this. But i'm good to get stuff off the books. Thank you. The. See no further comments do I
hear emotion. Representative makes. Oh i'm sorry. Thank you they come into. Regarding the number employees but do you know if they have positions. Assigned to them or could you check and add that to the list not not just do they have employees but do they have positions in our list positions funded or unfunded so we would
know the toll of repositions with that if you don't mind and that to the list please yes i'll look into that a good job presenting on your first time but thank you they could move to. The. Any further questions representative makes. The. Alright manager I moved that the draft legislation concerning the recommendation to repeal the
private employment agencies be included in the final packet for consideration by the subcommittee. The. I have any questions. The. No comment all those in favour. All those. Thank you very much our second one is the. Are the bills that yeah the grills have separated in if I
will blue tab they receive you could see the second one. Then they are is only believe that the. Licensing of the a great progress right my house racing and there is no more great help racing that's why all that has been done away with so if you would explain that we would appreciate shirt and the second is a bill to repeal the statutes concerning the occupational authorization and license occupations related to the arkansas green house racing law
the first section of the spill which is paid as one through thirty four repeals title twenty three chapter one eleven in its entirety which is the arkansas green hound racing law. The arkansas greyhound racing loss that's forth what licenses can be issued by the arkansas racing commission the application process in eligibility requirements for the issue ends of temporary and permanent franchises to conduct grey hundred the election procedure required to grain to franchise the conduct of me it's in the disposition of wagering revenues the remaining insections of this bill which
start on page thirty four make conforming changes in the code to reflect the repeal and section one concerning green hound racing dog racing in the arkansas green hundreds in law including removing references to the arkansas greyhound racing law throughout the code removing references to green howard racing and dargrassing removing references to greyhound racing taxes fees and revenue repealing funds related solely to great hundreds thing and amending the local option horse racing and green hundreds in electronic games are still act to a met green houndry thing in all
references to great hundreds thing in this act there's also a constitutional consideration with the spell draft while the bill draft repeals the arkansas green hand racing law indoor references to greyhound racing in the code there are still several references to green hound racing in the arkansas constitution these references occur throughout amendment one hundred the arkansas casino gaming amendment twenty eighteen which have been provided for you and your packet for today with all references highlighted to remove these references would require a constitutional amendment this
concludes my presentation on this bill and i'm happy to take questions at this time. Representative cabinet thank you madame chair when we repeal this there were self well I don't know I think most of the employees they at were a great hound racing employees like with the racing commission for the state are no longer there but we still have a greyhound that. So my question is has that we need to make sure that that
person has been transferred from greyhound to equine they were going to try to use her in the short term in the equipment part of for racing so we need the make sure when we do this there there's been done because we may get a wait. There's not even job for her and she's still working okay yes I will look into that and follow architecture thank you. Representative makes thank you
so are assuming we pass this legislation would we be the fact though out lying greyhound and dog racing in the state of arkansas or would that still be allowed. Yes it would yet well look into this and get back to you I know we're not doing it right now but I didn't know if that by eliminating this if this just means we just won't have anything in place should somebody want to start up a greyhound or we basically the fact though saying
that all dark and greyhound racing in the state is now going to be illegal so I just don't be curious about that so could you go back to the constitutional thing and and in discuss that is a little bit more im sure i'm so in your packet so like I said there are still references throughout amendment one hundred which is the arkansas casino gaming amendment of twenty eighteen of the arkansas constitution
these are current section two three four five six. In section two there's a reference to the arkansas greyhound reasoning law insection three there's a reference to great hundred thing in the arkansas greyhound reasoning in section four or there's a reference to the local auction horse racing in greyhound racing electronic games of skill act and great hundreds in tracks. In section five there's a reference to greyhound raising an insection sex there are references to grey hundred thing and the arkansas green hand raising law. Okay.
Send her hammer. Thank you match. I'd like to go to represent it makes questions you. By by repealing this in its entirety. If somebody for example went out in dig dog racing they set up a track in their backyard around their property it's no longer going to be able to be regulated
or what would be the avenue to prohibit somebody from setting up a dog tracking in their back. Yard and there be any enforceable. Mechanism. Yes i'll look into that and follow up with you. Okay. Because II can see I could see where if this goes away and some may just say well there's no law but I won't go set up a track and we're going to do it just sold my neighbors and now going to get together and then there's an albeit who's who's going to be responsible party.
To take complaints about it but thank you thank you matcher. Thank you. Right see any further questions. Oh several johnson thank you round here this is really more going back to the actual amendment one hundred language in them. I will not check as you are for
poorly crafted things down by other return user whatever but this is one of those examples again where we're putting detail language in a cast teacher amendment versus the can language we could put in statute and have opportunity to correct it is time comes along the fact that the language and how more I guess this is. Well I keep found the subsequent under the.
Four or licensing of casino loosing and gaming and there are no page numbers I apologies I think this is this would be four I guess it says that the commission show issue for licenses and I want him get into pop counting that's that's a horse of a pardon fun a horse of a different color but it's specifically talks about to conduct casino gambling gaming at a casino to be located or adjacent that for inact per ref
due to the franchise holders racing track and gaming through as of twelve thirty one twenty seventeen in garland county. And then and her cay it says. And this had to do poke and the same language racing commission also wanted causing a license to casino for a conceit casino be located in jefferson county with two miles of the city limits with. And then it goes so they're after
talking about the location the thing that I have had a lot of trouble. Understanding he is. If you're required to do that casino gaming in a specific location in this case actually spelled out in the constitution it doesn't say that a franchise holder can you know set up a a member in louisiana they had a cat satellite gaming apparations from from things that even had him and gate stations nowhere in time but.
If. If if you are not operating the gaming in that location location specific counties specific even I believe in the jefferson county one. It it limits the location. Uh. Two an amal per phrase this too because my understand was it was written aware the jeffs and canny casino had to be either in
our near panble earth and it could not be for example in red field which is much closer to little rock so they were trying to appear they were trying to limit the location where i'm headed with this years. With are these specific constitutional provisions that speak to location. How do we allow the license holders too. Put it on our cell phones.
And have an appear wherever we go if we're an arkansas resident and I know their ways to get around that like VP n and things like that but to allow these and they are still calling franchise holders even though they weren't in the racing side of things took from operating a gambling operation that's basically online and and i'm not picking on him I know they they was probably a presumption they could do this but I have some serious question about where
they're not that's actually following the language of the cast titution especially in light of the fact that the language of the amendment actually refers to locations. And that the activity within this location and I know they you know they wrote the one and that do not the reason for the pamble of are the objections anymore was to keep it from you know being just barely in jefferson county and closer to pilaski could you come at or is there
just nothing from a precedent standpoint that address is this one where the other I think you've been in in a position where they're making policy discussions and and that's not really what we're asking of them to do is just put the legislation together and present it but the kind of questions you're asking really for their opinion and I don't think that's what the board was respectful like madam chair if I could just quick follow up i'm not really wanting their opinion i'm just warning to definitely help them as they're helping us with these
dress to define the issues a little more carefully which obviously we cannot do in the interim to deal with one way the other but i'm just so if we come back in in spring of the twenty twenty five unlike least have an idea of how we could clarify. Every year if you rule that out out of order mountain chair I respect that I would it but I again that's what i'm seeking is just you know i'm not asking her
staff to to to to play the ag role or anything like that i'm just asking for waited of a methodology how we could get the fine the question so we could ultimately find the answer. The senator urban just I think just in response to center johnson I think your conversation is better had for like a different subcommittee this is just the licensing review committee but don't have really anything to do with the constitutional and then or that language I think this is just an example this is just here for
the purposes I have been able to show the comparison to where that language may have been present in are consulted statute. And replaced worth this now new amendment but I think you have a good discussion point I think that's a good discussion center johnson but it's not the perview of this subcommittee the subcommittee is just dealing with licensing review occupational licensing review. Met mercury agree with senator urban and I withdraw my inquiry till a later day I think it's a good conversation to have based on the constitution itself with
the ag's office and then maybe I don't know if there is a subcommittee of alc where that would be more appropriately hard of a discussion cause I mean even with me reading which is totally night on this agenda or outside this period but I have issue with some of the language that's in this constitution it may be something that can be taken out by different committee or subcommittee but I think it's worse the discussion senator johnson if I may I can have our attorney who handles
casino and gambling issues reach out to you to talk you to talk to you a little bit about the law that applies and where you could go from here. The. Thank you very much I want a month page twenty nine. And I haven't looked through all of it but it maybe you can just get to the quick answer I notice that a portion of the monies that were being generated.
By the greyhound was assigned to a certain entities with certain purposes like it mentioned the boys and girls club on page twenty nine and it mentions other organizations as well in any way that can you determine if any way in striking this that it would. Threaten any potential funding it may be associated like say oakland if it's in that language or any other racing endeavour where a portion of proceeds is assigned to the. Organization.
Just want to make sure we're not turning the baby out with the wash. Or could you check on it. Yes so sections for through twelve after in the bill draft are all of the revenue and taxation sections so there is going to remove revenues from the arkansas state university mid south phone as well as the municipal aid
find those are in section four and five and then there it will remove the dog raising taxes and views from the list I have innumerated general revenues of the state. I'm also the entire patient's fine that is section eleven and the developmental disability services dog track special revenue find that section twelve. But but that is limited just to the dog racing it's not attached to any other form of revenue stream that may be threatened to
be taken away by repealing that's correct just agree thing and are there any balances in those funds that need to be. Transferred out that's something that I don't have right now but I will look into it and follow up if you mind and then while you're doing that I can't like to get maybe the last two years of the operation of the track in the moneys that were dispersed to the organizations that were allowed to receive monday for the last two years operation of
the track if you include if madam chair will allow that thank you. Yes. Representative makes that matter so on this discussion. Could we have you all prepare a constitutional amendment a draft and moment to the constitution that would remove the sections out of here so that we could if the subcommittee so chooses that
we could include the constitutional amendment as part of our recommended packets to the general assembly to to send out as you know this last go around we didn't send out any constitutional on man makes and I think one that would be a clean up bill should be theoretically non controversial if we don't send out anything out so if that's something that you would work on for us as a draft to clean that up so that we've got a constitutional mannet to match this and then we can
review that may be in a future meeting for reconcluding in our recommendations absolutely all right thank you ladies. Okay any other questions. I think we are looking for some additional information before we make a decision on their so if
you all would be prepared to come back at our next sub committee meeting and give us a little more information I think that will help everybody in their decision making a. Yes. Representative cabinet. Thank you manager just one of verify is represent of gasway in our talking. We are not outlined. Greyhound when we repealed this act are we essentially outlined
greyhound racing in the state of arkansas. They may not be doing it at this time but that does it mean somebody might not want open up a track in do it so when we repeal this we just want to make sure that we're not going to go in there in sight arkansas has outlawed green hound racing. That's my question. So they obviously need further
discussion on this I guess I my thinking was that we're doing where with the commission which are right if. If somebody decided to set up doctor racing again it would need to be that. This. Organization. So yes I think we will probably table better until our next meeting and we have a little bit more information any other questions in any money my have if you would send them to carly so that she can ask the provide that information that
would be very helpful. Okay. Any further questions are discussion. Our next meeting is a money december the eleventh at nine o'clock in this room. So without any further objections meeting is a girl.
Agenda
A. Call to Order
B. Comments by the Co-Chairs
C. Presentation of Recommendation Draft Legislation [Exhibits C1 & C2]
- Ms. Liz Lee, Legislative Attorney, Bureau of Legislative Research
D. Other Business
E. Adjournment
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — ALC - OCCUPATIONAL LICENSING REVIEW SUBCOMMITTEE, Nov 30, 2023 | Agenda | 1 | Official source ↗ |
| Exhibit C1-Draft Bills | Exhibit | 73 | Official source ↗ |
| Exhibit C2 - Arkansas Constitution Greyhound Racing References | Exhibit | 7 | Official source ↗ |