Judiciary Committee- House

Just with us today they're learning where the best side of the capitol is over here so we need to give them a warm welcome we have Cameron Mitchell came if you come to rate raise your hand came in Mitchell she is he is a Page four senator Chesterfield grace three grace Reeves from northwest Arkansas issues a page for senator Dodson today we have Alexis Morris Alexa more some sorry and she is from Benton one of senator hammers pages today and shall be done L. R. Donal o'neill issues also from bit and she's one of senator hammers pages so Committee let's give a warm welcome to the house. We welcome you all glad that senator Chesterfield bottom down here today they'll see you'll see a little bit difference in how the House operates their committees and the Senate does and so you're in the right place to learn today and we appreciate you being here the first bill members we're going to have will be Senator Chesterfield house of Senate bill excuse me Senate bill fifty nine Senate bill fifty nine there is an amendment to Senate bill fifty nine so we're going to get that amendment passed out. I believe all members have the amendment Senator Chesterfield fuel dentist by yourself and then you're recognized to present your amendment thank you so much madam chair and a little bit of the body from the stand for my friend from Southwest Arkansas the Amendment that you're saying before you merely adds House sponsors and I appreciate a good vote member she's heard the amendment I have a motion to do pass on the amendment is there any discussion all in favor the amendment please adopting the amendment who say aye any oppose ayes have it the amendment has been adopted you're now recognized to present Senate bill fifty nine as amended thank you madam chair Senate bill fifty nine is actually established legislation. This is not new legislation I think it's important that I say that up front what it does is merely a man that current law to add. Education support professionals is what I call them there's a bus driver your custodian's what this bill does is it gives them also the right to self defense you should they be attacked by someone in the public schools current law says that they are that teachers have that right to self defense that is current law. But what is troubling is one of the members of my church was attacked by a youngster she's a parent or teacher they issue column and she did not feel she could defend herself because she would lose her job. I think we need to make clear that is not just teachers but it is also what I call support professionals who have the right to self defense that is all the law that is all the amendment does. Not just teachers but support professionals as well and I'd be happy to take any questions manager members are there any questions. A representative Collins you're recognized for a question. thank you madam chair so senator when you say self defense or or school personnel exempt from the current law on self defense they are not exempt however when we look at the law it specifically refers only to teachers. Follow up you're recognized okay but I'm just thinking you know there's there's a general law of self defense that I believe just broadly applies right so if you're attacked you can you know defend yourself does that not apply here because I I see what we're talking about here in this is a disciplinary force but that's all I'm talking about okay okay thank you. It's disciplinary force we do not want people going around being of our children certainly but we also don't want people going around beating up I school employees and that's what this deals with we deal we dealt with this particular one because it is disciplinary. Members any other questions. Representative clan you're recognized for a question thank you madam chair I'm just curious because I know from my work in the school system sometimes restraint is is done not necessarily is disciplinary but almost as M. as as service to a student who may be endangering themselves that covered in this as well I would anticipate it would be let me say my husband is a school employee and when they are out of school you know they have to have the the training and one of the things that struck me was make sure you don't touch a key if they can be beaten each other up you can't educate I think we need to clarify that for the purpose of of peace in the school for the purpose of us of safety for one's self restraint is in order right now many of our people are suffering from the will be gotten the impression that they can't even touch a child. I don't want to run around and necessary to aging children but I do want them to know that not only teachers but I support professionals have the right to self defense and to restraint that's what this is about. Okay members any other questions. Seeing no further questions we have no one who signed up to speak for or against the bill senator Chesterfield you're recognized to close for your bill I'm close madam chair I appreciate a good vote member center Chesterfield is closer chair with the wishes of the committee I have a motion to do pass is there any discussion on the motion to do pass. Seeing no discussion all in favor of the motion please say aye. Any oppose ayes have it congratulations senator you've passed your bill thank you madam chair thank you members of the committee. Members let's turn our attention to House Bill fourteen twenty four representative medics you're recognized to come to the table in present house bill fourteen twenty four. Thank you madam chair. Just identify yourself represent medics and you may proceed. Thank you resident John Maddox district eighty six colleagues this bill is actually very simple why must the bills that I try to run this one is also simple this bill may it merely modifies the unlawful detainer statute so unlawful detainer is the process in Arkansas which is in essence an eviction so under the current law the the circuit Clerk under the statute is the one who signs the writ which is in essence a court order so what this bill does is it takes that. That takes that from the circuit Clerk acquires the circuit judge to sign a court order which is the writ of possession and that's all that it does to be completely Frank I've always kind of thought it was somewhat odd that the Clark was issued an order in these matters so I have never circuit clerks here to my left and they're all supportive of it even one from home home district and I couldn't get in them to join me at the table but anyway they're here circuit judges of our fine with that's really all that it does not be glad to take any questions members are there any questions represent college you're recognized for a question. Thank you madam chair and Represent our talking before about this but anyway I I just wonder why I mean why why this change could change impacts. That that's a good question to be Frank I would say that the circuit clerk's one it they feel it's probably a little bit even though the statutory it it doesn't feel like it's truly within their authority as the Clerk to be issuing a court order and that seems more proper for the circuit judge to issue a court order so that that's the reason they're saying Gazaway you're recognized for a question. Thank you madam chair representative maxim sorry had talked with you about this ahead of time yes but do you think this this makes it easier for landlords to get tenants who haven't paid out of the property or do you think it makes it harder. That that that's a good question I think that would depend upon the The attentiveness of the circuit judges and their ability to get to the order and and sign the orders and do their job I know in my district it will not be any more difficult it'll be the same. You're recognized for a follow up. Thank you madam chair because right now the way the process works. And you can correct me if I'm wrong is that. When a complaint from lawful detainers filed these are typically in situations where a renter has not paid their rent. The landlord files a petition for unlawful detainer has to get a three day notice and then five days have to pass in a five days past excluding Sundays and legal holidays and no objection has been filed from the by the tenant. And the Clerk simply reviews the records to see whether or not an objection has been filed and if no objections been filed then they issue the writ. Now what this procedure would require is the lawyers who represent the landlords are going to have to go hunt down a circuit judge and get them to sign an order and file it and go through that process is that correct is that how this will operate that's exactly how will operate yes. Members any other questions. Seeing no further questions we have no one who signed up to speak for against the bill representing medics you're recognized close for your bill. Thank you madam chair close my bill under appreciate a good vote. Members represented Maddox is close for his bill what are the wishes of the committee. The motion making a motion I have a motion to do pass through discussion on the motion. All in favor of the motion please say aye. All opposed say no no. Welcome. Members once again remember you have the option of yes no or not saying anything. Representative Milton Nicks. Representa Milton Nicks yes. Represent the market Marcus Richmond. Representative Marcus Richmond. Representative Jimmy Gazaway. Representative Jimmy Gazaway no. Representative Danny Watson. Representative Danny Watson. Representative Cindy Crawford. Representative Cindy Crawford no. Representative Jamie Scott. Representative Jamie Scott yes. Representative of the call Clowney. Representative in the call Clowney yes. Representative Cameron Cooper. Representative Cameron Cooper now. Representative Jay Richardson. Representative Jay Richardson. Representative Andrew Collins representative Andrew Collins yes. Representative Tippi McCullough yes representative Tippi McCullough yes. Representative Ashley Hudson. Representative Ashley Hudson. Representative Jon Milligan. Representative Jon Milligan no. Representative Kendon Underwood. Representative Kendon Underwood. Representative Jeremiah more. Representative Jeremiah one no. Representative Matt Duffield. Representa mac Duffield yes. Representative Steve under. Represent the state under no. Representative Chet shed tears. Representative shared peers yes. Representative Stan Berry you represent the Stan Berry yes. The bill is fail with eight yes six those five not voting. Thank you madam chair of a committee. Represent Gazaway do you have some technical corrections bills that we might be able to run this morning. You're recognized come to the end of the table. Guess what what's the first that we have some amendment so we'll need to pass the amendments out. Gazaway what was the first bill you want to call so we can get the amendment thank you madam chair to be house bill twelve eighty six okay members were going to look to House Bill twelve eighty six there's an amendment this being passed out on house bill twelve eighty six. I've got it thank you. Mr Gallagher if your son still in the room all members while the amendments being passed out check Gallagher said Ethan is with us today keeping his dad in line so we can let's let's give him a a welcome he's a senior this year. All right members you have before you the amendment to house bill twelve eighty six represent Gazaway you're recognized to present your amendment. Thank you madam chair members what you'll see. The Amendment sept simply strikes language that says rebate or tax credit replaces that with tax incentive in section one. That's all the amendment does. Are there any questions on the amendment. Represent Gazaway are you close for the amendment I'll close for the amendment are you making a motion to adopt and make a motion to adopt the representative Maddox is made in motion to adopt the amendment. What a semantic sorry a Polish does recruiting Gazaway. They do everybody in this committee knows that everybody looks exactly alike to the chair some days. with that represent Gazaway has made a motion to adopt the amendment number one to House Bill twelve eighty six Sir any discussion seeing no discussion all in favor please say aye opposed say no the amendment has been adopted you're now recognized to present your bill as amended thank you madam chair a house bill twelve eighty six simply amends the Arkansas code concerning natural resources and economic development. specifically in section one and that's where we have the motion picture industry development act of two thousand nine and there was a term in there about rebate or tax credit that has been corrected for purposes of Consistency throughout the code is tax incentive there was some question about whether or not you know those are terms of art you have rebate and tax credit and tax incentives under those terms of art that have a particular different meanings and so we double checked with the sponsors of that legislation Senator Dismang and others and everyone signed off on tax incentive would be the appropriate term so we we make an amendment there to include to change rebate or tax credit to tax incentive section three correct correct signal medical error and makes a provision consistent with similar language in the motion picture industry development act section five updates the name of the fund in the motion picture industry Development Act to its current name in section eleven repeals two sections that have expired. Both sections expired September thirtieth twenty seventeen. That's what the bill does And I'm happy to answer any questions members are there any questions. Seeing the questions we have no one who signed up to speak for against the bill represent guess what you're recognized to close for your bill thank you ma'am sure I'm close to the bill make a motion to pass as amended members who have a motion to do pass as amended on the floor is there any discussion seeing no discussion all in favor please say aye any opposed say no the ayes have it congratulations you've passed your bill. Okay right there judge and then this is the. Do you want to move to house bill twelve eighty eight yes thank you madam chair members we have an amendment being passed out for that one so take a look at the amendment this is that gets passed out represent guess what you'll be you're recognized to present your amendment. We represent guess what you're recognized. Okay. All right thank you madam chair what you'll see. For purposes of the amendment to house bill twelve eighty eight. In section four we replace a reference to a subsection of a statute that subsection reference was previously twenty sixteen twenty four seven a it should have been twenty sixteen twenty four seven B. with a lengthy discussion in a code revision commission meeting about whether or not this subdivision which subdivision the should be in the implications of The act as it existed applying to subdivision a supposed to subdivision B. it became clear through that discussion that. It would have been illogical due to read the act is applying to subsection a clearly the act only could have applied to subsection B. by the wording of the language and so because of that we strike. Twenty sixteen to twenty four seven a and made it twenty sixteen twenty four seven B. which was the logical subsection that the act applied to that's what the amendment does happy to answer any questions or go into more detail if you'd like seeing the questions you're recognized to close for you amendment close for the amendment would move for adoption of the amendment to house bill twelve eighty eight members have a motion to adopt the amendment to house bill twelve eighty eight any discussion seeing no discussion all in favor please say aye any opposed say no the ayes have it you're now recognized to present your bill as amended. Thank you madam chair section one and six of house bill twelve eighty eight what you'll see it concerns continuous glucose monitor language that was moved to another section of the code that would be more appropriate section two simply amends for clarity and clarification of terminology Department becomes Department of Health section three concerns what we just discussed in the amendment which was changing subsection that was not a logical reading of the act as the reference to that particular subsection to the appropriate subsection section four amends for clarity and consistency in terminology you'll see where it refers the equilibrium PH and we make sure that it says equilibrium PH value. Which is more clear. section five amends for again clarity and consistency. Same thing with section six. And that's all the bill does happy to answer any questions. Members are there any questions. Seeing the questions we have no one who signed up to speak for against the bill represent guess what you're recognized to close for your bill thank you ma'am sure I'm close for the bill and we make a motion do pass as amended members we have a motion to do pass as amended on the floor any discussion saying no discussion all in favor please say aye. Any opposed say no the ayes have it congratulations you have passed your bill would you like to do one more I think we. House Bill. At twelve ninety twelve ninety three. Yes. That's road so what which. Okay. All right you're recognized to present your amendment thank you madam chair members the amendment to house bill twelve ninety three strikes language in subsection eleven of section two that referred to the state board of embalmers funeral directors cemeteries and burial services specifically. What happened in this section of the code is this section concerned the reimbursements for these boards when they meet their stipends that they receive as reimbursement for attending the meetings which previously was sixty dollars but for years they've been being paid eighty five dollars and so there was already reference in the code I believe to paying eighty five dollars and so we struck the old language that used that authorize the payment of sixty dollars which was old language in which it hasn't been the practice for a long period of time the law was changed to make it the the About eighty five dollars and so were striking the portion that references the sixty dollars because it's no longer relevant. That's what the amendment does and happy to take any questions members any questions saying the questions you're recognized to close for your amendment thank you madam chair close for the amendment and would make a motion to adopt the amendment for the bill members we have a motion to adopt the amendment is there any discussion seeing no discussion all in favor please say aye any oppose ayes have it you're now recognized to present your bill as amended thank you madam chair of the house bill twelve ninety three specifically what you'll see this concerns title twenty five. Concerning the rules concerning state government and. A specifically in this case a large portion of it rules pertaining to milk and cattle production. What this bill does is it deletes in its entirety subchapter seven which relates to the rules pertaining to milk and cattle production the reason being there is a sunset clause on that particular statute and the sunset clause for the the sunset period as ram and so. This no longer relevant law so we strike that provision because it's outdated. And then section to which is was the amendment that I just referred to. Concerns the payment of the stop in for those board members the law was changed to make it eighty five dollars the law previously read sixty dollars. There were two references in the code how much they should be paid clearly it was a supposed to be eighty five dollars not the sixty dollars so we struck the language related to the sixty dollars that's what happens in section two that's what the bill does happy to answer any questions members are there any questions seeing the questions we have no one who signed up to speak for against the bill you're recognized to close for your bill. Thank you madam chair close for the billing to make a motion to pass as amended members we have a motion to do pass as amended on the floor is there any discussion. Seeing no discussion all in favor of the motion say aye any opposed say no the ayes have it congratulations you've passed your bill I believe we have one where you want to go ahead and take that one I would like to madam Clerk. Well I tell you what we're just so excited about having technical corrections will this be the end of it well they are exhilarating but I'm afraid this may be the end. I hate to send our committee out on such a low note but let's take in house bill twelve ninety six house bill twelve ninety six you're recognized to present the bill. I'm bi I'm told good news mental Clerk there maybe one more so everyone can. Something to look forward to so we appreciate that six. Okay all right fourteen twenty. Thank you madam chair so this is house bill fourteen twenty seven and this concerns the employment of a code revise holding on Sir. How did you are you renouncing the other bill I'm sorry yes I announced twelve twelve ninety six okay for the ninety eight fourteen twenty seven has an amendment does or does it have a mint does not okay I'm sorry your you wanting to present fourteen twenty seven yes. Let us members let's go to fourteen twenty seven I apologize. Seven fourteen twenty seven this will be of on the code revised so. Everybody have that pulled up all right now you're recognized to present house bill fourteen twenty seven thank you madam chair I apologize for launching into discussion the wrong bill. House Bill fourteen twenty seven concerns the bureau of legislative research employing a code revise or. there's a lot that I could try to explain about this process but I we have Mr Miller here who I think could give a better explanation that I so with the chairs permission I would ask that Mr Miller be recognized explicitly recognized please state your name and you may proceed good morning everyone Matthew Miller with the bureau legislative research the disclaimer of given the last couple of times I've been up here is non partisan staff I'm here to neither testify for against bills but the bill we're talking about here is deals with your operation so I'm here to just testify about how this would impact our agency. That is represented Gazaway reference the bureau employs a code divisor which is the person that kind of presides over the codification of laws and upkeep of the Arkansas Code that position was previously a standalone position the Arkansas code revision commission with its own agency and the co divisor was kind of the head of the code revision commission the bureau in the code revision commission merged in two thousand five so the co divisor became a bureau employee at that time the law provides that when the director of the bureau seeking to hire a code divisor she checks with the code revision commission and also the commission may interview applicants for that position. The current co divisor is Benson Henderson who's informed us unfortunately that he's retiring come March thirty first towards the end of session we would like to have that position filled for the codification of laws is the session wraps up because that's certainly a high volume time for our staff so to expedite the hiring of Mr Henderson's replacement this draft would just repeal the language concerning the Director consulting with the commission and the commission's interview of candidates so that we could expedite that hiring process and get it filled for the codification of backs section to also deals with just some clean up of obsolete language that language is a throwback to before the commission was merged with the bureau and a lot of those processes are just not relevant that are detailed in there now that they work with the bureau. I'm happy to answer any questions shall have about this bill members do we have any questions of I do Mr Miller a representative Gazaway. Seeing the questions we have no one who is signed up to speak for against the bill represent Gazaway you're recognized to close for house bill fourteen twenty seven thank you madam chair I think Mr Miller gave an excellent description of what the bill does obviously this is something that we need to think act quickly on and so because of that I'll make a motion do pass members we have a motion to do pass on the floor is there any discussion the motion. Seeing no discussion all in favor of the motion please say aye. Any opposed say no the ayes have it congratulations you've passed your bill. Not represent guess what would you like to move back up to House Bill twelve ninety six or do you want to hold that for another day. I'm sure would like to hold that one okay members with that I believe we've reached the end of what we have for our agenda today. Members we have a special order of business for Tuesday February the twenty first the only bill that this committee will take up on Tuesday will be House Bill fourteen eighteen so make that note. I with that I hope each of you have a wonderful weekend and I'll see you on the house foreign just a few minutes we are adjourned.