City, County & Local Affairs Committee- House

And we need to get representantes back to his chair represent macro is running that meeting right now. You'll introduce yourself you may proceed. Thank you Mr chair committee members the this bill today dear deals with the corners investigation any time there's a criminal investigation involving a death. As a we all know there's three components that are involved in that type of investigation one of them is our medical examiner through the crime lab they're actively involved in those type of criminal investigation involving a death also our law enforcement under the freedom of information act our medical examiner's investigative reports and law enforcement reports are protected under the freedom of information but also in that loop is the coroner's report and which is they communicate with the medical examiner with law enforcement it's a very critical part of a criminal investigation where there's been a death those are usually homicides and to my surprise I thought the coroner's report was already protected until as long as the ongoing an active investigation and I found out that it's not and that's extremely of critical an investigation because we want to protect the integrity of that investigation make right of make sure that an individual receives a fair trial by information not being prematurely handed out before it goes to trial and also would help protect the integrity of that investigation of sometimes relation that information too so it can jeopardize that so what this bill does today it simply puts the corners report under the same umbrella with the same protection that is given to the medical examiner's reports and law enforcement and since they all communicate back and forth that so we just wanna make sure it's protected is low deserves an open and ongoing investigation course once the investigation is over and the it's been to trial and then the caller of course just like the medical examiner crime of law enforcement in that that information would be released but we just want to protect it to the course of that grim of beds to. Geishas and with that Mister chair I take any questions. Committee do we have any questions. Seeing none of the user we have some signed up to speak here speaking for the bill Scott Bradley. Mr chairman Okay. Also we have the the corners Association. Okay. Okay would you like to close a representative Tosh I would miss chair and I appreciate the the corner Association sure so she ation event a lot of work with all these agencies involved in up in putting this bill together the crime lab the prosecuting attorney's office to sheriff's office of so she ation the county association to corners Association of Chiefs of Police the state police support this bill also the governor's office and the press association and I appreciate a good vote. A representative would occur you're recognized. I have a motion to pass any discussion on the motion. Seeing none all in favor say aye. Those opposed say no congratulations you pass the bill thank you Mr chairman thank you committee I appreciate it all right next up is H. B. fifteen forty one representative Jean. Okay. If you would does defy yourself and present your amendment. The representative Lane Jean district ninety nine. And I'll have the amendment is passed out. All right give me a moment here did pass to. We have a three people from state agencies is warning they're gonna need to get back over there get a quorum here. You may proceed. Thank you Mr chairman members of the committee of this amendment law we was really brought to me all this does is reduce the amount of Money that we're going to allow us to be charged for the continuing education program for the five entities in the county which is the treasurer collector corner county Clerk of circuit Clerk so you're member just basically all it does is reduce the amount from the original original bill. They have any questions on the amendment I'll take and then we'll get to the bill okay representative Dalby you're recognized. Motion to adopt the amendments. I have a motion to adopt them in any discussion on the motion. Seeing none all in favor say aye. Those opposed say no you may proceed thank you Mr chairman members of the continuing education I guess we'll put back in. The nineteen nineties when I was in the county and city government and courses in the continuing education that are treasures collectors corners county Clerk of circuit Clerk go to every year to date their knowledge shown on their jobs and they have not had a increase since two thousand and fourteen and we just amended the numbers down so what this bill does course the treasures and collector fees or raised by the local and courts of the seventy five counties and we have paid the the pay seven hundred dollars the increase will go to eight hundred and but be advised that the increase has not happened since two thousand fourteen and we all know what the cost of travel of get these people to come speak to to these groups it has increased so this helps them to further called on that of the other part is the corners county clerks in circuit clerk's now they have special revenue to take care of the S. and that's done by the real estate transfer fee they take ten percent of the real estate transfer fee and they get a portion of the S. so what we're doing only at. Is a of increasing the total line two one hundred and eighty one thousand. Of it was that hundred fifty seven thousand and this will be split three ways of for all the corners in the seventy five counties. Each entity. Our county. Corner county Clerk circuit Clerk will get sixty thousand five hundred and any increase up from fifty to five so it's eight thousand dollar increase of for their continuing education and that's what this bill does simple that a special revenue is out of the it's not it's not a general revenue hit and I'll answer any questions at this time. Any questions. Seeing none. What is made okay representative ray you're recognized. Okay thank you Mr I'm just curious about the numbers how you have it these are the right numbers because they were it was one fifty seven and then went to two oh two and then you change it back down to one ninety one I went back the last three years a bill before we ran this bill and I got the approval from the Arkansas Association counties of it looks like they're they're ballots had been around a hundred F. after each in the fiscal year off with a look at on June thirtieth had stayed somewhere around a hundred thirty thousand and I felt like in and ask him was this what they need or was this a little bit after they go where we're asking for a little bit after so we don't have to come back so often and I just asked them to take little hair cut on it so we don't you know run into the ballot to run the balances down that we don't have enough money to continue this funding so that that's how we do have this this amendment that we cut back on the of the three entities that are that are getting that money for the real estate transfer fee that's it thank you for that explanation. Okay any other questions. Seeing none is inviting the audience will speak for this bill against this bill. Representative Jean I'm close okay what's wishes of the committee. Okay we have a motion to pass any discussion. All in favor say aye. Those opposed say no. Graduations masterbuilt thank you Mr chairman thank you members of the committee. Okay up next is represented hops in the room no I take that back represent the car please come forward your state agency also or you're not all right all right. If you would identify yourself for the record and also your gas. Thank you Mr chairman it's good to be in front of this committee again I'm a John Kerr state representative Arkansas house district fifteen. Now. I'm I'm printed to shield seven county circuit Clerk and recorder from that county. Thank. Card. Senate bill two eighty seven. This is made to eighty seven. You. Okay a resident Kerr you can present your bill thank you Mr so today I bring to Senate bill two eighty seven it's a bill that will optimize and make the circuit clerk's office run a little bit more efficient we're always looking for ways to make government run more efficient and I will let the circuit Clerk Brenda shields elaborate. Thank you just to give you a little bit of history why we want to change this at the current time and cities and municipalities when they're doing and work outside the city limits they can exercise their judicial or jurisdictional territory which means the population decides how far out they can go from one mile to three miles outside the city limits so when there's property sold deeds or subdivisions being subdivided land they bring that to the circuit Clerk and recorder to record in as the current law read that says we shall not record unless all of the city commission things have been complied with well first of all as a recorder we don't know what that jurisdictional territory ranges so that creates a problem so at the current time it puts the the responsibility of making sure it's prepared correctly on the recorder the circuit Clerk all this is going to do is change that responsibility to the preparer of the document so the prepare of the deter the preparer of the plat we'll have to make sure all those requirements are met before they present it to the recorder to be recorded so and that's pretty much what we're asking for is that to be changed. Thank you. Question representative. Collins. Thank you Mr chair so I just wanna make sure I understand so you're shifting the burden on doing it right to the person filing away from the recorder right and that's kind of right not not really the person filing the second be the landowner it's the person preparing the document the person supposed to have the professional expertise to know that they got to meet all these requirements follow up please. As follows well the I I don't I mean but I understand they would do that for the landowner but ultimately isn't the landowners responsibility to have the proper people prepare whatever professional documents they need to prepare and do whatever signatures they need to prepare. Before read presenting it for recording I mean it does fall back to the land known as an ultimately yes it probably would ask current real estate documents read now it's a prepare of the document that has a responsibility for appearing on correctly like meeting the requirements of what all is to be on the real estate document. Follow up with this. Thank you so what are the consequences for someone who doesn't who does present something for recording without the you know that that's incorrect what is a currently I guess for the recorder and what would it be for the land under the under this sow so currently the recorder it says we shall not record unless all of the requirements are met which we have no way of knowing if they're on that so it would take that burden off of us to the prepare and then it says that in this document would be the prepare the surveyor. Is the one that normally prepares the class so at the current time the county would be liable and could be sued if we let something come through as a recorder we're still going to do our due diligence and we're gonna check the document if everything's not on there we're going to let them know if we know. But if one slips by you would put the legal responsibility back on the person that it prepared it because the city Planning Commission requires them to come before them before that Platt is signed off on. So then they could be sued instead of the county that is correct okay. Representative rich. Thank you Mr so just to be clear the preparer could be in and most likely in a plaid situation would be a surveyor and then in in other types of situations that would be the title company that's preparing the documents do indeed searches and those types of things correct that is correct. Any other questions from committee. I see no other questions in about an order issued like to speak for or press. Yes Mister chairman closed. The Bill. On. Click motion do pass. I have a motion to pass. All in favor say aye. Representative card. Thank you Mr chairman thank you Committee. Next up. Represent hop here. Representive Andrews you're ready to be. President house bill fifteen seventeen. To the table identifies. Thank Mr the person waiting injuries District ninety eight so they upped Committee I come to present you with House bills fifteen seventeen. Two weeks ago my county judge Washoe county called me said it him along with our county treasurer share of and corporate decided that they wanted to take the tax collector away from the sheriff and give it to the treasurer's office by said okay no problem of you all member a few weeks ago are you several weeks to announce arisen Watson has similar bill where it instead County they made the tax collectors standalone office. Anyone as to why or within this year for Ouachita County. Lost okay doesn't have the budget for a standalone elected tax collector so the best way is to just ship office over to the treasure and also in Washington County our share of his offices at the jail which is across town from the courthouse where's the treasurer's office is just across the hall from the collector's office so it's a lot easier for the treasurer to supervise the clutter collector employees in this case. but it's pretty simple bill barely two pages it wouldn't take effect until January first twenty twenty seven the current elected officials will serve out their terms of course and in twenty six election when they go up for election or we will collect new officers in the reference case may be that is then when this bill goes into effect so the questions. Whitaker. thank you Mister motion of the property. Your question. The questions is in in writing in order to respect for this bill or against this bill. Representative. Close review I'm closed. In a discussion on most. Represent what. What Okay in discussion on the motion. The discussion on the motion. All in favor of this passage of house bill. fifteen of this beat two eighty seven so high. Scute. All right let's do this again. Okay House Bill House Bill fifty seventy all in favor say aye aye All opposed. Regenerators you pass your bill thank you. let's see we don't have represented Hawke's. S. B. anybody read Gazaway you represent four is built SB two ninety three year. All right. A federal judge all the bills that we we have to run to. In order. We're Jr.