Code Revision Commission

I will call this meeting of the Arkansas code revision commission to order. Everyone should have a copy of the agenda and I believe that was previously provided by Mister Henderson and then you should have a hard copy in front of you you'll see the first item of business is the approval of the minutes from the September twenty ninth meeting. Does anybody have any. Question or comment on those minutes. We have a motion for the adoption of minutes their second. Second any discussion. All in favor of the approval of the minutes of the minutes say aye any opposed. The minutes are approved. Next item is you will look at exhibit see in your packet is the proposed price adjustments by Alexis Law publishing. And Mister Henderson I don't know if you want to present those or if we would have Lexus present those. Okay we'll then we'll let the the Lexus representative come forward. You would you can. It was your name and. Should be a button there I'm not that we get new microphones on okay there you go. Thank you Mr chairman my name is Leslie that the any and I am representing lexis nexis today do you want me to go over the price adjustments first or the okay price just most of the prestigious First. I'm as you can see from the letter and I'm sure you know from just generally hearing inflation is bad and is really hit the printing industry as well the. Reducers price index numbers that have settled that are official in the two years since we've done a price increase have increased the producers price increases increased eighteen percent the numbers it would take us up to today's date have actually increased twenty two percent but those have not settled yet I realized that that would be an exorbitant number to push the state. I can tell you that standard increases within the company and then fifteen percent and we fought back on that were of lake or Arkansas is in a good partner to us and we're just not willing to go there therefore we're asking for a seven percent price increase to cover our cost in what this would do is you would lock you in for the three years of the Our visa and she middle supplement and indexes that we're gonna talk about today so there would be a price increase each one of those years. These would be the price increases the one thing that's a little tricky to look at that cumulative supplement price of one thirty nine fifty will actually be next year's cumulative supplement price. So the one forty nine cumulant supplement price wouldn't be until twenty twenty five. I just wanted to make that clear I didn't have a good way of putting that in paper so I wanted to point that out. All right are there any questions. Of. Mr Miller you're recognized for a question the start date. In the they would start in twenty twenty three so there the twenty twenty two pricing is already out in that state. Senator garner you're recognized for a question. Thank you Mr. Yeah I don't but we're not sure we have nothing showing up here okay. This is merry five members on. A proposed increase. The current prices that you're paying for a replacement volume in twenty twenty two or forty dollars and fifty cents per volume. If you get all four volumes of the four times the forty fifty I am not that quick on my feet without a calculator on so would be four times forty fifty plus the forty to fifty. Bills. The answer okay for yeah right right thank. Any other questions the Nancy of questions okay our. At the question I have is we're talking about the the new volumes that are based on what we've approved for the next three years right is that what about if if someone is buying just a complete new set does does that increase supply to old volumes that are not being updated at this point in time now okay. Any other questions. Yes I would entertain a motion to approve those price adjustments all right Sir Garner has motion sir second. Senate with second any discussion. All in favor say aye. Any opposed. And the motion is adopted. Next we'll move to item and the. Which is a discussion of the contract requirements by the publisher. So I'll allow you to speak to that. The contract requirements that we specifically wanted to speak about today is under the contract we are required to submit to the library of Congress copyright. copyright. Agreement forms for the state of Arkansas I don't know if you've all seen them but Previously sent to Mr Miller and to Mister Henderson we are getting rejected left right and upside down because of the Georgia decision. The Office of copyright is and the library of Congress and is really the Office copyright is not going to approve these things on their clearly saying that it's an edict of government and that they're not going to do it. basically we're just asking since it's a lost cause with them and and we can't get anywhere it's costing us a great time and effort and we'd like to have your permission to stop submitting. Are there any any questions. The docking she's referring to are in your folders there the D. one through four exhibits. The letters from the. Corporate office to them rejecting the material for copyright. Okay. And stand for the benefit of of maybe new members or those who may have missed. A previous meeting or meetings where we discuss this there was the US Supreme Court decision that has had. Significant implications on the publication of. The Arkansas Code another other state statutes from across the United States Mr Henderson once can you speak to that just. Three forty kind of an overview of what occurred in the Georgia case of the everybody is familiar with with what the lay of the land is you George's code revision commission I think that's name sued public resource dot org of for copyright infringement of the case eventually went to nice's from court and twenty twenty and the Supreme Court held there's two to sense but the majority held that not only is the actual statutory law statute law on a comparable but apparently deletions for so George operates of nitro or the annotations and notes that make up the George code annotated copyrightable of the court explained that. Being done under the. A direction auspices I'm not sure exactly the proper term of budget by the state legislature that anything like that that is done was by legislative tours or by staff is therefore not copyrightable they took the the eighteen thirty five K. so we can be Peters of where the Supreme Court and said that US from court decisions were not copyrightable by the this court reporter official Porter and they have extended that to of all state we will take materials. so consequently what now Arkansas Attorney General on behalf of Arkansas make several other states of Alderney because in the spring Court because brief in spring court was in that case because the decision by the Supreme Court the copyright office has taken the position that regardless of what where how of this materials actually created state by state there you know fifty states about fifty different ways of doing this of that their parents are not going to authorize and any separate copyright any this type of material. if you want any other for that explanation of we have the twenty from train journal here Mr Wagner as you can be explained if you any further. Any any questions. If if we were and so you're asking for permission not to seek further copyright protection of. The the code as you publish it not. Technical difference. Will still print the front matter how you want it will still put the Arkansas copy right on it what we are seeking to do is not submit the paper work you can claim copyright and not submit the paperwork what we want to do is not submit the paperwork. And As far as Lexus performance on the contract will anything else be altered. Change absolutely not. Correct me if I'm wrong it's been pretty clear the statutory law anybody could take that and copy it and use it the the statute says passed by the legislature. The the part that's I guess you need to what is published is primarily the annotations which. Lex's puts those together is that correct. Correct okay. Any any additional questions okay you're recognized question. Eight. I'm not did we submitting out of. The the obligation. Hey some what I'm getting at is on the. You don't submit. We are we're not violating any other requirements law you. I understand your question no you there is an just because you have copyright symbol on something doesn't mean it doesn't require you to submit now the library of Congress prefers to do the reason they prefer or is one of their submittal requirements is that you send free books to that. Their whole reason for pushing people to continue to serve met even though they're gonna rejected thank you for the free books anyway. So they're trying to build their. Library even though they're going to charge you fees they're not going to give you anything and you're not required to do it they just want the free books. We're not going to be a violating some kind of arcane no. Federal regulations that you rule by Knox's no you're not and it is a matter of fact one of the things is that if they would come to you and say why aren't you submitting I think Mr Miller will be glad to hear this our copyright person is happy to deal with. From from the AG's office Mister Henderson or from BLR. Is there any. Is there any it is do any of you all have any opinion or advice on. Whether this is good bad or indifferent. That would be our bill or Senate. Or. Correct and. How do you want to deal with the problem right now. That is correct yes kinder's thank you for that the reason thank you splaine dispensers and the reason why we have provision in the contract for the copyright simply because. In the early nineteen eighties when the Journal some simply cited they wanted need to redo the Arkansas statutes in nineteen forty seven annotated. They went to the publisher which that time Boz Meryl McGee boss Meryl. And they said they'd be willing to give the US statues over to the state for price neighborhood about a million dollars and so the General Assembly reconstituted the statue vision commission. And decided that go a different direction in this case the creation Arkansas Code. One of the things that the commission made clear to me as a director the time that we were going to have the copy right to our own statute law to the extent that we could as far as of the law allowed even at that point time there's action open question as to whether or not statutes could in fact be copyrighted. Of the the history of the copper laws country very somewhat from let's screen court opinion has followed of but that's why that was in the original contract has been every contract with a publisher ever since that's what is here Mike my concern at this point is one make sure that by not. Going through the motion as useless as it isn't expenses it may be time consuming. We're not waiving any. Right sometimes the future should the court come backward Congress come back and and sources back out so as president asset is in majority opinion. The script the Chief Justice wrote in there that if we did like this decision we could quote go across the street quote and that means there's go to Congress and get that changed. It. Any thing else read just briefly Daniel Faulkner industry provides so in. Summer education very on point I think in a member services business decision. I would be curious and ask questions or other states you with having the same problem with forty two. Same at other. Some of the states haven't been. We don't need to because they are anymore but yes for making different arrangements. So. It. Any other questions no one thing that that comes to mind given that it is required in the contract. You know I guess I'm wondering whether it would be more appropriate to have Lexus submit some type of proposed amendment to the contract as opposed to just. Just a decision by this commission to I guess waiver provision I'm at I'm just kind of leery of making a decision that then is tensely gonna alter. The obligations of the contract. Is that something that Lexus could put together if you're asking us to me you're asking assistance league agree that it do you not doing something that under the contract that we approve just in the last week that contracts would just a few years old the. That otherwise you're obligated to do we certainly can do an amendment and submit it to you this year's have all been done they will all be submitted because that's the arrangement. I will re emphasize that to my copyright partner when is the next submission scheduled to take place it won't be until the next round of publication which is in twenty twenty three so we do have some time to consider right when with the code commission meeting axles it's we kind of meat whenever we have business but I think we usually meet before the regular session down we. Okay strainers installment normally would meet one more time before the session in January so it would be sometime this fall or winter we could certainly draft something in time. For that and submitted it had a time so that you have time to review it. Saisie both of my. On the record right. Right. Any any other questions or anybody disagree with at least as having submitted so we have something to look at and consider their minimum you have to make some sort of notification. The way. And. Some of our. I think that's a perfect idea. All right. Any other questions or comments. Okay hearing none but then What if you put together kind of specifically what you're proposing and if if you're proposing an amendment to the contract lay that out and you get that to Mister Henderson and he can share that with the commission and we can look at at the having that considered our next meeting thank you Mr chairman and commission we will do that. All right. So that takes us down the item E. which is proposed replacement volumes for twenty three through twenty five. Okay. Okay let's exhibit C. and will Lexus president veterinary okay we'll recognize you to present that proposal. Thank you again I appreciate the commission's time up first off I want to thank the staff for their time on this we did this a little differently this year I don't know why we haven't done this in the past because it makes also all the sense in the world. We took our list and made our suggestions and we gave it to staff to go. Please do us a favor and look at these and give us the benefit of your boots on the ground knowledge and give us some advice so that we can present the best possible. Solutions for the next three years. two things that are on this sheet of paper that were considered in doing this for everyone we did carefully consider the time of the specific staff person that would be doing the replacement volume work it's very important that they don't have overlap so that they can concentrate on their work and and don't have too much going on at one time because it's impossible to do one of these volumes if you're over worked with two of them going on the other thing that is always always goes without saying but needs to be said. In any year legislation can happen that changes the game plan. This is the game plan. The U. the legislators. May have something happened that blows up a particular replacement volume or blows up a particular section of the code and adjustments may have to be made we are well aware of that in there is that flexibility in there and that flexibility has to be there in order to give you the passcode. We have laid out of. Three years and this is really helpful for us because it allows our editorial staff to plan and I'm not going to read this whole thing off to you because you probably don't want me reading to but in twenty twenty three we have four volumes in twenty twenty four. There's four volumes plus one that is probably going to school it so they'll probably be five. In twenty twenty five just to make it more regular and then in twenty twenty five we have another four volumes and again the reason we do this number is if you do any less the problem is that the code starts getting messy get a lot of standalone volumes your supplements just get out of control and you don't want that happening because then ultimately you get to the point where you almost have to do a complete ricotta Education and that that is a big project. Any questions. Motion to approve okay so I detain a motion to approve the proposed replacement volumes for twenty twenty three through twenty twenty five. Vote Senator Garner Sir second. Second all right any discussion. All in favor say aye. Any opposed. Motion passes. Right that brings us to item F. I think that that includes the Lexus portion of our meeting thank you for being here thank you so much it's always a joy to be here I appreciate you as a partner and thank you for everything and will be back with that Amendment. All right thank you so that brings us down to item F. which is the creation of a title nineteen re codification workgroup and all recognized Mister Henderson to talk about that. As you may recall at the last meeting last September of the Commission redo authorized staff to create a draft of title nineteen which public finance in a way every codification we have completed that work here's a copy of it the next step for next phase this process of as the also explained about a year ago is to create a work group to go through this draft of look at the organization structure that sort of thing check those areas of the law a public finance title that of particular interest of the of theirs give suggestions for what and how they want they want change or modify and kind of working back and forth in Chile hopefully come up with a draft we can agree on and hopefully submit that to the General Assembly for the twenty twenty five legislative session. What what I have also done. On this the if you look served on page four. Of the face to. Session of the talent team or group these are our recommendations you may want to add you may want to take out of this We would just like at least one or two of the commissioners on the workgroup. A sum of the governor's office in archer's office treasure's office a representative may claims commission ethics on it and it and came up the other day that might want some of the Trajan's Office well. As the issues not a list here but. Read that read that list again yes. One more ACRC commissioners. Represented the governor's office. A representative of the larger states office region treasure State's office. Absentees department finance ministration. Road in the Arkansas state claims commission. Resent our such as X. Commission. Russia Arkansas legislative audit. And representing train General's office there's also the possibility of others. The my command if not for the whole thing lease for certain parts of like back of settlement commission I really want to consider having a legislative members of an called in on this working group or if there's any other agencies that and thought about you might think might have an interest in being working on it. Right questions. A couple of questions. Gestione. You were talking about this the. A bar association should be. Yes. This is a pretty common you I'm not for that done in the past on the straight but one thing that. Calls when I was reading it is that. The. Commission necessary. This is a different process than what. Isshin ordinarily normally to when we put the code together from nineteen eighty seven the main purpose and function that was actually find out what Arkansas state law actually was. Right to organize and such which can actually be found and used and in the process of that discovering. What are problems defects issues that we couldn't fix. You lease easily in in that publication process and come back in and re codification and dressers of for example when the problem with the code and we had for the code the creation total number of funds. We now have at least one subchapter I know of that has run out of numbers. And we open up another subchapter and it's maybe a session or two that serve chapel also run out of numbers so we need to be organized in any event of one of the suggestions I would be making is look the possibility of authorizing say The state board of finance for example the authority to create some of these funds by mystery rule. Rather than have them all done by statute so you have laid in front of an the server number LOL of funds but authorize those funds to be transferred to these funds being creative Mistretta flee because budget by mystery rule specially now that would go to listed council that goes through the mystery rules review process so there's be legislative input as well as a suggestion is no okay this but something along those lines to look at us even streamline some of this clear up. Some things in in the in law into something's gonna school differently. But is it is different than the commission has traditionally been doing. Mr Miller you're recognized and I know that if you look at the if you're going to stop anyone okay yes hi read. The early tactical approach you can be a somewhat. More elaborate technical road where it could be a. You where you at. Talk about certainly it is. Yes from your early thank. Republication or hand over the structure as far as some filed chapters that were made sure. Section. We we don't that. Okay. B. it would be how I wanted to order to be the one to make a decision on the approach. Any any other questions. Your changes requiring from. We'll at the end of this process the entire title then be presented to the General Assembly for enactment. So any substantive recommendation the yeah approved by the that is the absolute correct yes yes. This is a. Pilot of sorts to start this process off and eventually hopefully we can work through the other twenty seven titles as far as we kind of find them as well as the roof the first collocations and define what we're law is and and try to organize it to where it can be used found for this step. Any other questions. Is there any other comment specifically on the on the. The individuals that might comprise that workgroup any other groups for. Folks we look at. Property records this. Thank god we have. Okay so we are the I think suggest adding someone from the AG's office and also by representative bar association and would be appropriate for us just to hold this we're gonna be meeting in the beginning a couple months that that would also allow everybody kinda. Now that we've heard specifically what the proposals are allow everybody think about. What directed what direction we want to go as far as working group my opinion would be. That generally we should give instruction working group as to what we think should see happen not I would be. Somewhat leery of a lot of substantive changes because of. The main one that's that's getting away from traditionally the role of the of the code revision commission and secondly I also think that if you have a lot substitute James is that made to the the ability to actually pass the final document Just from a legislative perspective but. If any other questions or comments. You're recognized. So what is the intent I assume more trying to ask this is the one transaction. No ma'am no at twenty twenty five is sort of sort of the the target this point there's the and I'd hesitate to put. A hard fast deadline on this however particular this part because we're not sure how long can take getting these people together to work on this what I think we would like if possible to go ahead and give us the authority to lease. Contact the people on the list and see if they don't make them aware of this baby see if they you know sort of be in lining up people for that that's okay. But that. My thought is we wait in take final action but at least for me and unless somebody objects I don't I don't see any problem with letting Mr Anderson make contact with some of these orders that are departments and just to find out there are they willing to have someone work on this project. Right here no no objection and Mister Anderson you're directed to that will will revisit the issue at our at our next meeting and with the idea of trying to take final action on that moving forward and I also want to apologize not trying to not turn the Mike on for anybody my screen is frozen here so that the microphones are hit or miss today so I apologize for that. All right so now we're going to move on to the proposed technical corrections for the twenty twenty three session and just. As kind of a refresher I think Mister Henderson is included in the package a couple of sections of the Arkansas Code that talk about the powers and duties of the code revision commission and you can find those that One two that's three oh three and then one dash to dash two oh seven. And the what you have in front of you are proposed technical corrections these with our. Intended to be a non substantive. Changes Sir really technical corrections that every two years before the General Assembly meets from staff primarily in Mister Henderson to go through and. Have kinda noted. What corrections they think need to be made is kind of keep a running list and then they bring these to us and so these are our recommended technical corrections have been brought forward by staff and ultimately to process is being for the code revision commission to adopt those some we don't adopt some you know it just because we have a recommendation here from from staff doesn't mean that we have to adopt it and then generally those that we adopt it is recommended technical corrections we would either some of the legislative members are on the commission or or the last time represent Gazaway maybe Senator Garner you may have carried some on the Senate in We have one of our members or or another legislator would carry these during the session and try to see that they're enacted so with that I'll turn it over to Mister Henderson to walk us through these proposed Technical corrections bills. Okay thank you mention Rison hi the exhibits R. G. and for change I decide to try to use the title number for the numbers rather than. One two three four try and keep in the order so the first one is G. for which is correction to title for. What happened last session of the General Assembly adopted uniformly liability company act. we talked about that a little bit last year at the commission meeting about some things we need to try to fix correct in light of the adoption of the of the you for law. That is essentially what of this bill does. The changes basically because you will of bills company act The. The act uses the term certificate of organization set of articles organization the reason why some of our laws are like this is because we have the small business tax pass through act which created a little so also creation a little sis Arkansas some years ago and the uniform law now takes at that place and that language. I want to point out one of the things we talked about last last your head do a title fifteen. That has to have them tell fifteen there's some provisions also conflicting. We are looking at the end of the process and try and draft a bill because some slightly different language can fourteen title fifteen. Use the same language uniform the liability company act uses but initially some places it doesn't mean the same thing. And so we're looking maybe trying to. They'll give some sort of slightly different language to. Make sure don't have any conflicts ambiguity created by the number one liability company act that is active we may present to the commission at the next meeting all right so so G. for as I understand the the principal change your is just updating reference from articles of organization which was. Term used in a small business entity tax pass through act which was repealed by the uniform limited liability company act which now uses certificate of organization as the term and so that's what G. that's correct. Any questions of the pool with one exception. It's. Operating room yes yep I'm sorry yep. Yeah I'm sorry others want want want them because of under the yeah because under under the of the old law it really should be the operating agreement not and not their articles right. The old act you have to specified in the articles that was going to be management managed The New act doesn't require that therefore if the reference should be the operating agreement okay. All right. Of the proposed plan there the about section seven. The throughout all the. Yes. Certainly we put this language in all ten correction bills such so that if for some reason during the session the general solution act legislation conflict. With the ten correction bill that regardless of what will of order of adoption anything like that that the legislation control over the construction bill. All right. Any. Any questions on this. Okay if there's Yuri or is there any questions any objection to including exhibit G. for the legislative fact. No objection. Exhibit G. for is will be part of a legislative package. All right exergy five. Title five. I can go section by section. But the. The first section delete obsolete. And these language of. There's indictments informations are charging instruments. rest warrant there's not really any other process like that Under this section to this one I do want to point out in twenty twenty one the General Assembly amended. This this code section five eighteen one oh two definition section code. And added. Another. Subdivision defining serious harm. Problem was the section already had definition serious harm. So taking these later act. And be incorporated that into an acid officers harm. In place the one that will was put in I think in two thousand thirteen and what this is to do simply to formally repeal the old definition serious harm and incorporate the one this deduction twenty twenty one. Formally in into that section code. With respect to the next section clarifying reference if you know some line eighteen just weird facility was used and we did simply go up and we state language what facilities this section that's subsections actually talking about. In section four we you taking out the references been repealed in section five of the calm of the. Got an early deleted wasn't stricken through at that point just it just for some reason that drive probably know the total roughly Okay. The question. You're recognized. Cemex my question has to do with a serious harm change it it seems pretty substantive and of course I don't know the background whether when this is a new legislation was enacted whether they meant to ride out the sexual part of the previous definition or I'm just asking the question this seems like a pretty big change. All all really did was take the twenty twenty one definition incorporating it as a new definition of serious harm there's no indication of and I'm not sure how you could even have two different alternate. meanings of of a term used in in the statute and and so it was a parent is the one and drafting other they missed the the fact that we have that definition in there we're we're that's I'm sorry so my question is on a page two and line to an originally it seems like there was a focus on sex trafficking and when you look at that that new definition it focuses on labor or service and I'm just asking about whether that was the intent I understand that you can't have two definitions my question is a different one which is whether they considered that that emphasis is now written out. I don't know that I can actually answer that I mean that those ones would legislative process to in uses different definitions serious harm I would assume that they were aware of that but there's no way for us to tell otherwise. we're we're to the two definitions. Are they with the same six yes in same definition section. Maddox was to shoot. At least. Two thousand twenty one legislation for seventeen percent. Receive. Smith yes okay. So okay so it apparently under five eighteen one oh two there's a section seventeen serious harm so there's the second definition. And then. Eleven is also serious harm. I guess one of the question is if we're deleting. We're deleting eleven. And the replacement is thirteen. What happens to seventeen. It's it's being it's being re numbered and that's what right that's all because of some for some of the changes remain of this section. Mr. Just rules of statutory construction legislation with the second definition be the most recent thus the controlling one anyway if they're both in their. Yes harms that that's what that's what this is trying to fix is is that being that means the the earlier definition and term is is is no longer the law that's the assumption that's made right by this matter well that's rule. It's been a. Is there anywhere else in that statute it also. Thanks for that Raffi I mean. In order. Lou the. The White road are. Senator yes hi Mister I pulled up the actual bill that was done and it look like in that section Cody added abuse and threatened abuse of law and legal process and also so serious harm for this look I remember this bill it was a safe haven harbor for victims of sexual trafficking it's kind of on this bill with three four different sections to make it more of a updated saying. From discussion member they're looking at the bill there's no mention of the prior serious harm being struck out so more than likely the best interpretation is is that the drafter of the legislators rented didn't realize that definitions in there and indeed the subscript one to replace it I'll be my interpretation. Any other questions and also been formed now everybody has a hot Mike if you turn it on it's just so. Hopefully we will be able to your folks better. Given that there's some I can't on this section. Wonder if it be possible for this one to just pull out. Pull out the definition. Maybe approve everything else and maybe we could revisit that at our next meeting as far as the the serious Harmon and have a better understanding of whether that should be included. All right is there any objection to proceeding along those lines. All right there's no no objection and will will prove G. five except for section two and of Mr Anderson if you'll note that for our next meeting we keep that'll give us some time to look further into that. Right now we're moving to exhibit G. six. Mr Henderson. You can walk us through these changes. G. six title six we're makes minor change in one to correct that the code style. In section two as a result of the organization in two thousand nineteen we're correct in the name of an officer section three we're just adding an internal reference section four of the injured fish name of the system is not state actually statewide longitudinal database system. in section five of the chain Fishel name to school turn officers to the names are being used now. For the school and the officers. And that is I believe it always tell second G. six. Any questions. What. Okay just curious. Okay. At. That. Record. Lease. In. At the rate of ninety nine yes that's good as a result of renaming we need to spell the name out because those who you have two different directors in this. Okay Two one other question generally on any of these renaming if there's any questions about. What the proper name is you confirm with their respective offices or yes yes or yeah that's rejects lobbyists okay we are. It's. Any other questions. Any any objections to exhibit G. six. Hearing none of it the six included in let's say pass the G. eight G. eight We're correct obsolete reference in section one G. eight. That's sexual repealed and replaced what is now seventeen dash four dash one one this section to. We're peeling some definitions because they're not ever actually used in that chapter. In section three of clarifying language. And see if she sees as the monthly report and you have to look at this subsection beat relies on that section that this reporter talking about the. And that's that's it on on a. J.. Any questions on GA. Any objections to the question. Hearing no objections Senate GA GA including. Exhibit G. nine. The G. nine. Also really short of just clarifying language of the petition that is being talked about nine fifteen of two for a one is a petition for order of protection and also anything into a six inspection to. In this. Clean that out so the service and social understand what position to talk about. Any questions. Any objection this inclusion. Right to the nine the include. Senate GKS. Okay we'll we'll see this sort of thing again a little bit later of this correct classification of cool fences. Unlockable code couple couple sections certain misdemeanors are in are declared to be classy misdemeanors when there's like a term of punishment involved roughly speaking of and if there's a. Stash for Mister miracle code that there is no a term of imprisonment or jails for justifying that by definition trouble code is a violation. And so if you that's that's what we've gone through here the only other exception of difference to that. The couple things if you look AT tie line twenty six twenty seven. Shall willfully because we just took shelters will the causes. That that language line thirty three it shall operate operates. thirty four shall be guilty to is guilty. And let's see and section to clarify a reference to the freemen patient. Questions. Sure sure Hey. Your so how is that class. Is that a violation in and under the criminal code that's what that's what is. Well no no it it would if it would be a violation of civil code actually that's what changed violation. And in a it's not a Class. That's correct. There's no if you see there's no term in prison or jail time for that and I'm still code that makes a violation. We'll see some others here where the because of that it makes a Class C. misdemeanor. And. Any other questions. Do objections to G. ten. Hearing no objection to ten will be included exhibit G. twelve. Okay. G. twelve of. One fourth. Management military affairs of the first section we had clarified language about political subdivisions law enforcement agency section two we're deleting some obsolete language of now than a lot of. Mention is a little bit of. This comes from legislation respect to The fire protection district maps going to the what next generation nine eleven I think have a deadline that they were supposed to be incorporated Jenny one twenty twenty two. There's a couple ways of looking at this and that is that that date is now passed so this entire subsections obsolete. but looking at the underlying. Lost their it's not. Clearer. That there's any place else in that the subchapter. Where they're required to keep those maps up to date. So the new map is drawn up for whatever reason It should be sent in to the input in next generation nine eleven itself. Now then. The next section. Is repealed. Because. It's being it is a new section in a later better location. section four of what we're doing we're deleting this and breaking it in several separate code sections to fifteen due to. Changing that any except as breaking down into separate individual code sections. Any questions. Section five Thanks any new sections that's rude and sections based on that language been deleted. You. With that twelve fifteen. Two or three. Two four two five two six. In section six wish to clarifying references make style changes. Listed members of personality days officer list member And then section seven. That's the language that was repealed under twelve title twelve being put in the section entitled twenty. And restated. Any questions. Senator. Thank you Sir for the Health Care chain. What is which of this section up to each individual one yes that's correct. Yeah. Yes that's correct yes. I know I know that that's not going to change anything just break it up and easy to find and and and locate Thank. Any other questions. Any objections to G. twelve. Hearing none G. twelve be included. Fourteen. Tell fourteen local government here's where you're going to see I believe some of the criminal penalty provisions. For example in the. Section one if you see online twenty seven twenty eight the some just shall be deemed a misdemeanor. And and because then everything so violation. Since. Section two. We make some. Changes. Of for example of shall willfully violating these provisions to willfully violates this act. Neglects or refuses and let him to fifteen medically. with Howard grafting these days. correct word usage in section three. If you look on lines thirty two thirty three we'll see the misdemeanor. Many violation because punished by a fine exceed five dollars. No no the police forfeiture but but no jail. Prison time section four here's one that is a Class C. misdemeanor. Section five. The written word usage update the the language. Section six one correct word usage from shall electrocution looks refuses. again you C. misdemeanor become in violation because that's what the girl Code provide for. Section seven. Shall have has an This prohibition and we stay with the actual prohibition is where it's located. Section eight incorrect word usage. Stating where the provisions located. Sixty nine in some. Correct word usage for the down lines thirty five and thirty six at the bottom of page. And then again on the test page were misdemeanors violation. Section ten. Is where is a Class C. misdemeanor. In section eleven. We correct word usage and in cities of the first sitting second class was first class Meeks Miller and to type changes. To update the language. Correct grammatical. Section twelve. The use correct term that is actually defined in this subchapter. It's residential building design. In section thirteen. We have made some subdividing. On it. This section. Fourteen request a pool fence incorrect word usage. Section fifteen same thing. Section fifteen sixteen rather correct classification and creeks were usage. Section seventeen the same section eighteen we corrected class physical sense okay we're usage. Sixty eighteen we did same thing classification and record usage. Section. Nineteen as well section twenty. Certified vehicle financing correct word usage sending twenty one. Thank you twenty two. Same thing twenty three. in twenty four we just some subdividing. Six twenty five. Thank you classification from offense and correct word usage. Subdividing section forward you should code style section twenty six. Twenty seven recruit to classification tool fencing correct word usage section twenty eight we did the same thing. Section twenty nine did same classification pool fence corrected incorrect word usage section thirty class physical fencing correct word usage. Section thirty one the same. Any questions. Senator. Follows once the. VOL process. Last. From. Okay. It is the top level and that is inching aspect of the criminal code of four. She's been that way forever and. Honestly I don't really understand why an unclassified misdemeanor and services on the jump to Class A. like that is just part of the code Five dash one dash one oh seven. C.. One and two in misdemeanor defined by statute not a part of the criminal code the does not specify the class misdemeanor prescribe limitation on the senator from prism and upon conviction is a misdemeanor is a Class C. misdemeanor and any misdemeanor defined by statute not a particle code that does prescribe limitation Senate president plantation misdemeanor is unclassified misdemeanor so there's no limitation on Senate president it just is a Class say I said that this week or or that is has cracked my head feel blind that would automatically jump up to name as opposed to you know B. or C. misdemeanor that's that's just how the real code is written. Yeah. You have. That's your concern just looking at seems like. That's that's been it is Mr. Any other questions. Any objections to G. forty. Hearing none will include. G. fifteen total fifteen In twenty twenty one legislation and section in subsection one the most efficiency to the lack two thousand nine there had originally been unlogged rebates. And in twenty one the Johnson added tax incentives tax incentive tax credits such rebate or tax credit. The tax credit was was added and declared to be tax incentive so try to do is go through here and use the terminology used in twenty twenty one legislation to update language in this in this area. Two hours not just rebate. The tax incentive including appropriate to the tax credit so that's what's happening in section one section two. section three of. And Medical the medical errors chosen just jumped in there section four clarify the reference look at their on line eighteen and nineteen I approved application. It is if you say it was reasons rebate last tax rebate so you said put a tax incentive since that's when used. Of section five same thing with respect to the tax incentive. Section six the same with that. Section seven the same. The. Section eight again the tax incentive under this subchapter. Section nine the tax incentive. Section ten tax incentive. In section eleven of we're peeling language if you look on Page seven line twenty one. Of this section expires on September thirtieth twenty seventeen so we're fully peeling of the code. In this section if you look online eighth of last page that also expired September thirtieth twenty seventeen through formally repealing it as code. So this is tax incentive to. We're yes we know where that's at. You have the I believe it's. Fifty things I think in this section fifteen four two thousand four two thousand two I'm guessing. Is it for me the finders the terms of the use of trying to remember their tax rebate or tax yeah notice. The. The question I have is in section one. I'm assuming it's kind of a. Stylistic bill but it's like. We change application for a rebate or tax credit tax but then we changed tax incentives to rebate or tax credit what made to speak both tax we we could we serve leave it that way by the and looks like that. Last summer look better that way looks like the next plane what what actually is there. We should leave that is repair tax credit training. Seems like to me for going to the trouble of. Thank you all consistent. We will. Any other questions. All right I have objections to G. fifteen with the one exception of leaving on a one line twenty six leaving that as tax. Section. G. fifteen that one. Revision with the. All right G. sixteen. Okay do sixteen lottery peeling Mainly because most of this has to do back over this. All all this is obsolete. At this point. By way of court rules. Or other statutes of or simply updated. Go to section nine seventy two a yes we're taking the. Pardon House fifteen concerning constables. All ten sixteen. We're transferring that to title fourteen local government. What is part six a that's the the the court courts title. Thank you for your words constables from the call courts title to the. Yes. And that's just a cut and paste yes no no the national channels to that no no no section that's correct. the rest of it were making some style changes fit in with code clarifying some references. What eleven twelve thirty five reference. Certeon clarifying application the council changes. Hey. Enough fourteen we're taking out the. Vision on city court since we don't have them any longer Senate district court's. Fifteen same reason sixteen or clarifying. So language there. May sell change control reference. section seventeen were including spect language percent one dash to dash one twenty four. From Israel to Bentley sample of pursuant to legally to have a disability have a disability. In section eighteen that's where we're Restating Intel fourteen constables provisions. I believe that's it on that title. Any questions. Mr Miller. There is one thing that I discussed with Mr Henderson we do this constable section like there were references to JP courts and things like that that were out of date in that section as well those were updated the District Court and other related changes just to make it consistent with. I remember a time in eighty. Okay. The new questions. Section two G. sixteen. Hearing none the sixteen included twenty. Okay G. twenty tile twenty of section one we're removing the provision from twenty thirteen is glucose monitors and the place it in a more pro please the code which will get you a little later in the bill a section to just put in some language clarity. Section three. Of the the requirements of a late effective date. The problem is that of. The law talks about subsection a. The latest eighty twenty sixteen of two four seven. That subsection refers actually to to respond to the Department health. Not actually two of. A person performing abortion the only subsection in that section that would appears that would apply to is is the US subsection B.. There's nothing this subsection C. Indian there's well and that again it doesn't really look like it does either. Or. Which section is. The. Hey. Yes it's the section. Three of the. How does. The. If. Is this reference to a exist. Well or I'm sorry the reference yeah. Reference to a. That exists for passage we checked the the legislature. No this'll language. This bill no. Ice I suspect what happened here is that in the process of crafting it back and forth that that may have been changed prime reduction as far as a reference to what was actually this will be referenced he was probably at the end and so the A. became B. that's the situation here if you read this section that's the only subsection the. Would would make sense to have any other questions we could reach out to the sponsor of the Commission wanted to well I would I would say mustard's section. Looted but before the next meeting if you always check with the sponsor is. C.. Issue with that or other explanation. But there's there's no objection will will go ahead and close it. I'm sorry go ahead. So. Right. The rest the references the references begins this thank their point of reference to a it's not make sense it should it appears the only thing references be. What we are well that stands. But given that this was all part of a of a of a bill or act you know what it just seems like it's with the past would be worked at least asking the. The sponsor. If they have any insight to why it was like that. Which I would assume the references. Representational references are largely disputed rated. In the bill drafting process. Any other questions. Clue that but if the if. Was referred senate checklist records check. Okay sponsor okay the next. All or. What. I know I was confused about that myself that's actually section three referring to section four of the act was the cost of flights of you yeah. You have. Yeah good question and the reason why. The reason why it says section for it because that's a non codified section the accident that's correct if you look at the rest of line that is not affecting children one twenty twenty three that's temporary. Okay. Are moving to G. twenty one. One. G. twenty one title twenty one section one correct classification pool fence and reckons word usage. in section two. We have to correct the quote from the Arkansas constitution Intrexon word usage. That's in the rules of procedure sections Act revision section three repealing reference to code section because fees or no log prescribed. And that's in that section. What also reviewed that reason. In the. The seventeen ninety as three oh three there's no there's no fees. The procedures have. In six two six four two four three should be on the fee prescribed in section seventeen ninety three oh three regardless of optometrist Miller have core the licenses there's no fee there okay. Any questions. Any objection to include G. twenty one. It'll be. The twenty two. Short simple. Correct classification rule fencing Creek convert usage. Any questions. Any objections. Hearing none. G. twenty two. Looted in the. Twenty three. You. Right. G. twenty three Tel twenty three. There is uncodified provision being repealed is in conflict with later Act saying twenty one session. And because for these concerts superseded of percent or so code one dash to dash two zero seven. I have both of them here They're both acts to mend the formula rate review Act climbers Jean for the purposes. And their bills sponsored by the two same same to legislators the. There are some differences between later act in the early Act in under one to two oh seven Christian choir to codify the leader act and so we're simply doing is formally repealing the the earlier act. Of this pub passing twenty twenty one the only thing I want to mention we did not expressly strike through the entire act under section one it's. It's it's about eighteen pages worth concerning put that in. When I talk about that that's the only thing I was going to ask you whether we needed in there to. Effectually repealing the strike for the striker I would. Okay so everybody knows and can see exactly. Exactly what's been any questions. This is this is. We're. To access their identical same spot are virtually identical same sponsors. It's getting rather read what was the initial lack superseded by the second. Any questions. Any objections to G. twenty three. But not not not quite yet number. Most of proof for a Ford assembly this point correct internal fencing correct word usage section to. In three and four. And five and six. And seven. Eight and nine. Ten is a little different in that this amended the are some of the Commission I think contact us the suggestion that language appeal that is now obsolete of the motor vehicle commission no longer license sales personnel which is correct and so section ten the four what was. Subdivision be constructed through. The question. The objections. Not to twenty three of the included G. twenty four. Okay if you twenty four. In session one we're making a correction to conform to code style you look at the bottom of the page line thirty six. Going out the system same thing on the next page the sponsors or something please term system. Thank you so the page three. Page four we make recreation with a misplaced modifier. Section three. Repeals language you see a previous service rendered before July one nineteen seventy one Bills obsolete. if you look at section for we're Penzo I'll see references if you look at one twenty two on that page as to report Jan one two thousand three. These references the dates they rendered obsolete but there's no. The possibility of having any application no. We we can verify that with the system if you wanted this to serve the. I think we're verify if those if there's not a. At this point. Any other questions. If not is there any objection. Not G. twenty four recorded with the cabbie ought to. The strangers and staff check will report this. As to confirming that that there's no possible application let's section stating. Finally G. twenty six okay okay do twenty six of dissension situation back into two thousand seven legislation is adopted then also provided that it would not be effective until the chief is our state made a certification described that Act apparently August two thousand seven the chief US officer did make the certification. But we never found out about it I hope future reference when something like this comes along with me the law can be written to where the make the certification have to notify ice like the bureau when maybe you know some of officer so that we'll we'll know about it what happened unfortunately was that in two thousand nine. The act which by that point was to lower the law was amended. And so what we're trying to do now as a result of that is straightness source string this out and the. And correct the. Correct that so that's a little bit complicated convoluted but what is the acted that came effective when the chief fiscal officer made that certain. That was ACT six thirteen of two thousand seven. And what is that provide for Let's see okay it's protecting old of the this subdivision of sections one two seven one sixty eight one seven nine eight and entering the code of nineteen eighty six as in effect on Jan one nineteen nine nine and section one seventy nine and to run the code ninety six and in effect on Jan one two thousand seven going to Preciado sixpence NO property or doctor purposes in Arkansas income tax liability. This section was back to the effective date the provisions this act shall not be effective until chief fiscal officer state certifies the digital funding is been provided to state general revenues from other funding sources and the bill for use during fiscal year two thousand eighteen fiscal year two thousand nine. In the amount sufficient place German reduction features fiscal year two thousand in two thousand nine that would result from adoption of the provisions of section one C. nine of the Internal Revenue Code as in effect on Jan one two thousand seven as provided by this act sort of the chief fiscal officer the certified this because of the action we took in the. Special session. This was in two thousand seven he took that action August of two thousand seventy certified he did the nineteenth of we're just now finding that's correct since. Then we take action we took action the special session related this section one seventy nine audits well this doesn't have any bearing on no. On legislative action taken with that allows them to proceed thank goodness District we removing something that was. Occurred in two thousand yep just for me repealing that yes. Section three of we're adding an article section for correcting grammatical error. And of this section think this is like section five we're really interested to repeal provision so be for no longer exists section five the reference to be for there is no there is no fee for that that's correct. Any questions. That game. About. For that that would. No it's it's it's it's it's done finish pleaded action so no within the gated. Miller Miller Mr Anderson you say the statute was fixed at some point to correct here I'm going to pull up the staff yes yes now yes in CS that I got to get there. what clothes that what do you remember the. Does isn't it was amended in the act the two thousands seven ACT yes that is a. ACT six thirteen. Two thousand seven that this act six thirteen amended code section and that was the one right was. I just had it open in a closed so here it is it is twenty six fifty one four twenty eight yeah yeah. So it's in there to wait that's in there effective until at the end of it that that's with correcting okay. He. So which one would be the one that would would we delete one of these if we did yes that's that's what that's what this that's what this is doing okay. The. Yes. So there's there's two versions here in the code so which Mike this is amended the uncodified act section. So which one of these would be key yes the one that is in effect on Jan one well it's a. If you've got that twenty six fifty one four twenty eight photo expense property a total twenty six U. S. C. one two seven one six eight one two nine a secondary one ninety nine and twenty to see sessions and I suspect under one two thousand seven going to appreciate instance in the property or doctor for the purpose of computers income tax liability B. as a base which exhaustion wear and tear and obsolescence reload inspecting the property shall be adjusted based provided in section twenty six as fifty one does for a living the person terming the gain on the sale or other disposition property and see subject C. tell twenty six U. S. C. six one nine seven as in effect on Jan one two thousand seven regarding the amortization of goodwill and certain intangibles comma the doctor for the purpose of the Arkansas income tax liability okay so it would be the one of the contingency was in fact. But then when you look at the one that says if the contingency is not in effect that gets and what you said that it's been amended. Several times yes commented on it seven nine thirteen yes nineteen and so that's one word for older haven't used since it's been amended in fact revived. So we're gonna use this this would be the one that stayed on the books twenty six fifty. A little bubbles that same code section thank you yeah. Yeah that's a confusing stuff yes yes this. Any questions. Any objections to the inclusion. Hearing none G. twenty six will included that thanks for. Correction bills we have right now. Okay all right. Yes ma'am that's because that's being moved if you look at section three of this. On page two that that's what's being repealed and being added to twenty seventy to twenty nine. Okay so. We accepted all of these with the. The cap the AHCF This on G. five. We're gonna look at the series on provisions to provide additional information to US on nafta. Jeez six I think we've talked about verifying. with the Department some information there. G. fifteen we we had approved except as to line twenty six on page one that is tax and senator. G. twenty. What's the. This was the one we approved but we were but asked about the possibility of yes in the G. twenty four is where we have the timing of of those the timing and verifying that there's no. Possible application of that. This thank. Okay. See in G. twenty three we're going to add in the uncodified acts four oh four where it didn't have the text of the act in there well I the text in there which allowed about eight pages to the act but states would look much different when you see in the next right. Okay. Any any further comment on the technical corrections. All right not the next item of business was consideration of authorization of expense reimbursement for Commission duties and you look at exhibit H. it's a summary of or as the various code sections relating to. expense reimbursement and I believe this is something that annually at our first meeting of the year we routinely adopt so that payment can be made for the expenses of the commissioners so. I would entertain a motion. To adopt that serve honor for second. It's been a second any discussion. All in favor say aye. Any opposed. Motions. Thanks to other business is there any other business for us to consider this time. Finally will move to the report of the code revised. I make this short and sweet and knows the long afternoon and sheltered hearing me of I do want to mention that we manage to work through all the place in volumes had four of this this go round and finish that well back we have completed work on two events code service pamphlets you got another one in the works right now we're working on. we are not surprisingly working on bills and to take correction bills but also reviewing the bills for a reduction from from legislators Other than that I don't know if I have a bunch of anything else report this point time For a proceeding apace. Sure. The night you're recognized. The next meeting. Any any other business. If not we will be adjourned.