Judiciary Committee- House

Members will get started in just a second. Okay it's ten o'clock and the who would like to welcome or welcome our. guest and thank you membership showing up and I'm supposed to do this and get ready. The. Okay first order of business is Senate bill one hundred. Mr. Centreboard almost code your representative and not used to the. The Senator yeah. What and identify yourself for the record in. Present your bill well representative very I am senator Justin Boyd But if you'll allow me just a moment of so I was actually on the Senate floor in the Senate well presenting us and Senate bill that was my Senate bill and was referred to as a representative board so it is not the first time and will not be the last time I'm sure that I referred to and I I have no issues being representative for the love my time in the House. So Senate bill one hundred I'm pulling it up here real quick so not I'm looking at is And last session we passed a sobering center language that allowed for sobering centers in Arkansas and local and at the time I gave testimony that in Sebastian County we have a seventy five percent recidivism rate with a public in talks so with that said to me was locking up people who were drunk was not us the solution that seem to be working and this idea of sobering center came up and so what this legislation does is it adds a little bit to that what we have found our what has been an identified since then is many of the people who are intoxicated with alcohol also or intoxicated with other substances and this helps ensure that if a an officer who is transporting someone also transported someone you know that had methamphetamine or some other substance that they'd be covered so that's really what this does is it adds to what we've already done I know it's it just to add to it so we have funding in place now to open the the sobering center in Sebastian County. Members are there any questions. Mister rich. Thank you Mr US senator Boyd Is there any opposition from law enforcement or anybody on this particular bill that you've heard of or they talk to you about this. Representative Richmond I have had no opposition from anyone at this point in time either whenever I presented the original language last time for this time. My sheriff would have been here with me except for have the opportunity presented today so he he is on board fully supportive he's assured me that our police chief is on board and fully supportive and again haven't heard any negative feedback from anybody so that's it sends a strong signal to me that they're either don't care whether supportive. Follow up Mr. Go ahead. So your personal experience of being locked up did not. You know convince you that it was time to sober up. I don't know which personal experience you're referring to represent. Richmond because that the my knowledge I've never been arrested before is certainly not for public conducted I don't remember ever spending time in a jail or prison but and most people that black out don't remember anyway thank you Mr. as a pharmacist who understands pharmacology right most people like I don't remember but I don't believe there's a record of that for me. We better move own the. The stronger. Thank you Mr chair of certain. Transports them now. So what this bill does it so you got to go back to the original language. In this case if we're talking about sobering center language transportation is done by a law enforcement officer that's very clear. Go ahead. So long FOR Smit is transporting them now. That. What you said. No that's not what I meant let me clarify this. In the original bill. Which to my knowledge no one in Arkansas has implemented and has going. It makes clear that in this scenario transportation would be done by a law enforcement officer so to my knowledge no one was doing any transporting but if we're going to follow this law as it's written transportation will only be done by a law enforcement officer. Thank you. Any other questions. to the questions from the audience. Okay no questions from the audience of Mr bordered you ready to close for your bill yes Sir thank you again for the opportunity to be here I appreciate the opportunity to have this light amendment to the sobering center legislation and thank you for a again opportunity to present it I'd ask for a good vote. For the wishes of the committee. Motion do pass. All those in favor of the motion say aye. Opposed. Motion carried Mr board congratulations you passed bill. Seeing the chair come. the next bill on the agenda. Is house bill thirteen. Fifty two. But Mr oblique view the data file yourself for the record and then proceed with. The presentation of thank you have a. Legislative impact study. The past though. It's Debbie may proceed thank you Mr chairman Carol Dalby state representative for district one hundred actually the fiscal impact statement really tells you what this bill is about a couple years ago well couple maybe last session session for time gets way we passed a statute regarding the ten year look back period for unclassified felonies and so what would happen is you you could get your record sealed prior to that time if is unclassified felony well it is come to the attention. That in DWI fourth and the WFS those are unclassified felony so what was happening the practical aspect was if you had misdemeanor DWI you had to wait ten years and the look back period for you could see what but if you had felonies D. W. eyes you can get those sealed really quickly and so all this bill does is say if you've got felony DWI fourth fifth or what have you you cannot get that sealed into the ten year look back period has expired and so that is tightening up for those of you who may wonder what's an unclassified felony could be solicitation there's a several other on that kind of fall within that And so those individuals would not be affected this would just be on felony DWI C. you'll have to also wait of the ten years before you can have your record sealed out without be happy to answer any questions. Any questions the committee. Let's see none No other questions What. Mr W. ready for two but I am I am close for a bill and I would make a motion to do pass. Okay you've heard the motion a discussion. All those in favor of the motion say aye. Opposed. Motion carried was W. pastor bill thank you Mr thank you members of the committee. Wait for missed out would come back up just. Michigan as well. Are you prepared to running your bills this one. But not particularly but if I need to I will will lead to the chair. Regulate. Nothing like having your your vice chair are you under the bus ride off. rushing Gazaway if you have any of those two or three of them it would certainly be helpful if we had some of those that we could run this morning. All right hello well I know you've got some that you're working on but you've got seven possibly we have a list of a map here if you need it. To look at your list I they would start at the top go from there okay and you wanted to if you've got technical corrections on business and commercial law. I will give you that will give you a list of no pressure if you're not ready fine but. So I have Matthew Miller with the bureau here at S. church permission he be allowed to certainly help me present these bills that would Mr Miller come on down to the end of the table. Yes I will let you pick and choose and you just tell us the bill number and we'll we'll pick up whatever you want to pick up and if we can if we can do several of mental sure help are counted. Thank you madam chair I think. What we'll do is start with house bill twelve seventy eight. Okay member's house bill twelve seventy eight is technical corrections of title for the Arkansas code concerning business and commercial law that will be the one that we're looking at in Europe you're recognized thank you thank you madam chair members as you will note from the calendar there are seventeen technical corrections bills that are on the calendar these are bills that come from. All right I guess I should say originate from meetings that the code revision commission has I serve on the code revision commission along with Speaker Shepherd as members of the House there two senators who serve on the code revision commission and then the remit remaining members are made up of members of the bureau of legislative research members representatives from the law schools and some other attorneys attorneys from the attorney general's office and others also on the cover version Commission and the purpose of that commission is after each session when we passed new laws those laws have to fit into our code and sometimes what we see is that there may be inconsistent terminology there may be a very technical issues that may have been missed at the bureau in terms of grammar or punctuation things of that nature that just need to be corrected so that our code reads well and conforms to. The proper usage of up again grammar punctuation and things of that nature terminology and so the code revision commission meets several times a year to do that and so all of these bills. Came out of meetings and were approved by the code revision commission and these were sent to me by the bureau the course we have Matthew Miller here who does just a terrific job at the bureau he helped prepare these and I think that he can help me explain a. Certainly Mr Miller you're recognized. Matthew Miller with the bureau legislative research first of all I'll note that you know the bureau's obviously non partisan service agency when we come in this role we're advocating either for or against the bill so I just wanna make that clear at the beginning but is represented Gazaway noted there's a statutory duty for the code revision commission to assemble these bills and the bureau is staff for the code revision commission so we end up kind of inexorably involved in that so I'm happy to be here to just to help explain the changes what the intent was the goal of these bills is not to make substantive changes I mean when the term technical issues that's the nature of what we're going for if if there's a substantive change in there that's ultimately deduced that's just a mistake or misunderstanding on our part and you know that's something that we would look to change each bill the and if you notice has language indicating that if another law passes that conflicts with our technical changes their supersede ours always lay behind any other substantive changes the General Assembly or to an act during the session. Madam chair so with regard to specifically to house bill twelve seventy eight what we have what we do primarily in this bill and what you'll see is that the term. Articles of organization as it referred to LLCs is changed to certificate of organization and that's because when we changed the law last session and twenty twenty one regarding the way the LLC's organized or not organized by articles anymore they're organized by certificate and so in order to just ensure that the correct terminology is use we changed articles to certificate so that it's again is in compliance with the law that we recently passed. Get anything that I don't we went back to the uniformly minute liability company act last session so these are just some remaining changes associated with the implementation of the act and some of the changes that I've made. Represent Collins your question. I promise I won't have questions on this but I do have a question on this one Justin section three here we're it says that the manager means with respect to an analysis that is set forth and changes from articles of organization to operate agreement that is to be managed by managers so I and I will confess I don't know what the new LOC law says but in in under the old L. C. law I don't believe that you have to have an operating agreement and you could set forth that you would be managed by managers in the articles of organization is this is this is this first of I guess the main question is does this bind Elsie's their organized under the old law and doesn't mean that you have to have an operating agreement if your manager managed. I do I do not want to provide a better answer your question representative call and so I think I would to to not just shoot something off the cuff and be dangerous I would need to go back and look at how the language of the actor it's really no concerning management I'm not and think it means what really anything with respect the bill may just be some action look into offline again the intent of the bill is not to make a substitution angel was merely to use the updated terms for the documents that came out of the act okay thank you. Any other questions. Seeing the questions we have no one who signed up to speak for against the bill representative guess what you're recognized close thank you madam chair I'm close for the bill and would make a motion to pass members we have a motion to do pass on the table is there any discussion of the motion saying no discussion all in favor of the motion please say aye. All opposed say no the ayes have it the bill has passed. You want to. You have another one you'd like to read so we we can do that we're gonna skip that title five H. B. twelve seventy nine I think there may be few small. Changes about one so we'll pick up with. And when it's between okay a house bill twelve eighty okay members if you'll turn to House Bill twelve eighty you're recognized to present the bill. Thank you madam chair of this. Particular technical corrections bill concerns title six title six is our titled the code that relates to education. as you can see we strike language we had we had some language with regard to grade again just for clarification then we change director for public school finance and administrative support to the Commissioner of fiscal administrative services that's just a name change this matter standing is that's the same transformation yep same person but it's a transformation related change but when we had the transformation bill which many of you may remember we changed lots of names and so some of those got missed I think during the transformation process this against the same person just referred to by a new name. You see a change from state to state wide. we another name change department of criminal justice's change to school of criminal justice and criminology. You see what refers to department it refers to the school of criminal justice and criminology as opposed to the chair of the department we say director of the school of criminal justice and criminology. again and that appears to be essentially the entirety of the bill what we refer to Director were more specific and in certain areas we say. Director of the school of criminal justice and criminology Director of the Arkansas police court program again just being more specific as to to whom we're referring and. that it that appears to be all the bill does purely technical in nature mostly renaming and happy to entertain any questions members are there any questions. Seeing the questions we have no one who is signed up to speak for against the bill you're recognized to close for your bill thank you manager I'm close for the bill make a motion to pass members we have a motion to do pass on house bill twelve eighty is there any discussion on the motion seeing no discussion all in favor please say aye. Any opposed say no Vice headed congratulations you've passed your bill. He waits procedure okay. But I'm sure we would moved to house bill twelve eighty one. It members if you'll take a look at house bill twelve eighty one it's going to be technical corrections in regard to environmental law. Thank you manager as. Ballinger mention this is technical corrections concerning environmental law specifically title eight which is what the title pertains to once again you see that we strike a reference to a statue that was repealed and we cite the new statute that would be appropriate in that circumstance seventeen for one a one. we strike some language that was deemed to be no longer relevant in the definition section we add in section three you'll see a monthly report as opposed to report my understanding is is that report is typically issued monthly and so just again for further clarification we make another reference to that specific report which is noted in subsection B. again that's just for sake of clarity. And that's noted a couple times and in section three of the bill again again or a reference to subsection B. which is for purposes of clarity. And. I believe that's all the bill does I'm happy to entertain any questions and are there 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 house bill twelve eighty one thank you madam chair I'm closing would make a motion to pass members we have a motion to do pass is there any discussion on the motion seeing no discussion all in favor please say aye. Any opposed say no the ayes have it congratulations you have passed your bill. Okay. Ballinger with your permission we would ask the president house bill twelve eighty two you're recognized to present house bill twelve eighty two house bill twelve eighty two concerns title nine of the Arkansas Code which is the family law section of the code. you'll see this is a short bill it's only two pages we we begin and. statute nine fifteen two oh for which concerns orders of protection. Again for the sake of clarity that section refers to a petition and purse purposes of clarity we add a petition for an order of protection to be clear as to what petition we're referring to you see the same thing And section to which is another statute and that same portion of the code nine fifteen two oh six in this case that's all the bill does simply put clarification happy to answer any questions members are there any questions seeing the questions we have no one signed up to speak for against the bill you're recognized closer house bill twelve eighty two thank you madam chair and closed and would make a motion to pass members we have a motion to do pass on the table is there any discussion on the motion seeing none all in favor of the motion please say aye. Any opposed say no the ayes have it congratulations you have passed your bill. Okay. You have another one you'd like to be president will will take one or two more in. I'm I'm conferring with my co counsel here is to I understand and I appreciate you letting us put you on the spot to start reading some of these so take your time we've got plenty. Twelve. Okay. What do. Yeah. It represent guess what if you don't have anymore that's fine we just appreciate you. Working on some of the. Ballinger Preciado Per share your indulgence there we would look through the rest of these are some of the rest of these and it looks like. We want to make sure that we explained well and everyone has a good understanding of what we're doing so we ask for just some additional time to. A person things at the next meeting certainly no problem appreciate once again represent Gazaway Mr Miller for being here and and coming quickly to to the end of the table I think that will help us move some of these so long so I appreciate it and we appreciate you doing that forced representative thank you to members and I think that that is all that we have on our agenda today if you'll get out your pencils I'll let you know what we're planning on hearing on Tuesday. Tuesday the fourteenth we will hear Senate bill one eighteen Senate bill one eighteen. We'll also hear Senate bill fifty nine. We'll take up some if there any technical corrections ready to go we'll take those up. Put this on a possibly Tuesday will be house bill thirteen fifty five that may run on Thursday I need to talk with the. Bill sponsor in the same announcmenet on house bill thirteen sixty seven we'll either hear it Tuesday or Thursday several catches up pretty much on our agenda which is kind of surprising for this committee but with that are there any questions as to what we have scheduled for Tuesday for sure Senate bill one eighteen Senate bill fifty nine. Possibly House Bill thirteen sixty seven house bill thirteen fifty five. With that ladies and gentleman we are adjourned.