House Children & Youth Meeting Jointly W/ Senate State Agencies and Govt'l Affairs

Committee come to order. Thank you everybody for being here this morning and I know that we've got some heavy weather out there so appreciate everyone for whether in that and this morning actually at the privilege of the chair since we have no one else is convened here the legislation today we're going to have actually a prayer and pledge to get it started today and so members and guests would rise elect ask Mary Bentley to represent Bentley do prayer forcing the Senator Garner pledge. Thank you for this day for the honor that we get to serve. Performer's further educate the is what. Practice wisdom and discernment as we discuss the important issues that were brought before us today father we ask. Claims. I pledge allegiance to. And. Which is why. It will. For all. Thank you very much. Freesheet that members couple little housekeeping things we do have a heavy agenda so we're going to try to progress as quickly as possible for everyone's respect their time but I do thank everyone for being here we do have some very serious topics that we're going to be discussing here today I would like to to recognize representative Bentley she is a senior member of the Committee the House Committee on aging children speaking with this I let her make comments about situation Collins led the draw here today will represent a fight is out of state visiting with some important people that be her grandchildren something very important representative Barker had a little a traffic incident yesterday were glad that she's okay but thank you offering during today's a senior member on the house or thank you representative Bentley and and I I did get notice from representative bankers well and we're glad that she is okay she is fine but she had a pretty serious accident yesterday with a blow out so she's okay so with that members I would like to get it started we do have several different topics on the agenda the first one being of course our update from shall Davenport on the redistricting issue and so I reckon we happy to recognize Machel and anyone that one percent with her. If you would please just state your name and position you represent record good morning everyone Michelle Davenport with the pure of Legislative Research I am the status as agencies attorney and will be working on redistricting with the state agency's committees. Okay J. Leonard bureau of legislative research right thank you both recognized. Thank you Sir. This is going to be a very brief update on the congressional redistricting status unfortunately it's brief because at this time we are still working under the assumption that the census data will be provided as of September thirtieth. So right now as we stand the US census bureau has released the overall national population and has conducted the apportionment for the United States house of representatives in that process Arkansas is maintaining its four congressional seats we have not made any changes due to our population. And all the state level data however is not going to be available until they release it predicted right now no later than September thirtieth there have been no indications at this time but that's going to be moved up any so looks like September thirtieth is going to be where we stand right now the status for the bureau is the bureau has entered into a contract with city gate is the software provider that's the software provider that has been selected by the board of apportionment so the bureau will be using the same software as the Board of proportion meant Mr Shelby Johnson with geographic information systems has been very helpful in getting that information set up and familiarized and if you have questions about that very specific data and the data sources and he's been very helpful to the bureau and what as also in case you be happy to help with any specific questions on that data source right now what we have loaded for practice and training is the two thousand and nineteen census data from what they call the American community survey this is a. Preliminary survey that is conducted by the census bureau it is not official numbers but it can give some preliminary and population demographic information so that is what has been pre loaded into the software for us to begin practicing with it and getting it up and running when that time comes as you know at. Every member can S. request a map with regards to the congressional district or their we can help sometimes with the individual house and Senate districts as well but with the congressional maps especially both miss Lori by one of our Research Division myself and Matthew Miller have the three licenses from the bureau to begin putting those maps together. We've and. As far as we know it's not going to be available online at this time but will be able to assist you with any questions on getting those maps drawn for your reflection. Once a member accrues an actual congressional district map the information comes back to me to put it into bill form if that's something you'd like to present to the state agencies Committee the state agencies Committee both house and Senate will hear those and it'll be up to the chairs on how they proceed with that process but it will go into a true bill form from a map form when that time is ready and you do not have to be a member of the state agency's committee to request a map that we also have to the chairs and how they handle addressing all those that any member can request a map. On those designations and and the last thing that I have is just day and noted information if you are interested in the actions of the board of apportionment their website is updated currently and has an events calendar and it is found at Arkansas redistricting dot work and that will provide you with any of the board of apportionment dates of meetings and my understanding is that they are also going to have the minutes of those meetings and I believe that those meetings have also been live stream so if that's something that is helpful I just want to let you know that that resource was available and with that I will be happy to take any questions Mr thank you Michelle members if you have a question please you know we've got some new system here a little bit so punch a button and and we're trying to get your questions I did want to to ask I did not get to view the last the actual first apportionment meeting I had a conflict do you know if they are planning to start the public comments at any time is is that been mentioned because I know they'll ten years ago I guess you'd say the last time we went through this there was a pretty broad public comment period we're people were invited either come and speak to the apportionment representatives or to just submit online so is that is that being done again this time as well from citizens. I am unsure of the exact process they're using there's reference made to continuing public events on the website I was in the same boat I was unable to view that original apportionment meeting and they have not updated the minutes yet so is unable to tell what decisions have been made at that time but that is my understanding that they will follow very similar process those dates were not present on the website when I checked okay. Members or any other questions at all on this I do appreciate the update and for it for purposes of of your staff as well as announced the committee obviously I talk with the chairman Tosh about this he's unfortunately unable to be here today but we vested we're going to start having meetings on the second Tuesday of each month beginning in August so that means that we would have to be able to have an August meeting have a September meeting just previous to your September thirtieth and so that hopefully will keep us as you're getting more information and more capacity with the process that you will be able to enter into October hopefully being well prepared to be able to make decisions and move forward so if there's no questions at all members then we'll proceed with this thank you Michelle for being here DO appreciate the update members were Adam D. now and we have a report on from or from the Arkansas department of health on the department of health food expenditures during COVID nineteen pandemics of Mister Greg brown is Joe Thompson and Dr William green field I believe they're on our schedule to present to us and and really for members that may or may not be aware of this this actually is result there was actually a news report and so I wanted an opportunity for the department of health to be able to speak about this because obviously the the news report that came out and I'm just signing for one of them status says since the pandemic started some state employees have been getting catered meals from pricier restaurants at work working for you learn to the tab is now almost six hundred thousand dollars a bill it's being picked up by taxpayers from funds meant for COVID relief states for a year now delivery drivers been pulling up to a side door at the Arkansas department of health headquarters building the drivers have been unloading dozens of meals and bags and boxes and on letter. It goes on to lay out even more in in that report that reports available to the public on line on channel four. And so that report on its face most people only read the first few lines and that's what they remember and shall I wanted an opportunity for you to be able to come in and address this obviously it bears some discussion so if you would first start by just stating your name and who you represent for the record I would appreciate that. Hi good morning my name is Joe Thompson the chief financial officer for the department of health thank you. Hi my name is Greg brown I am the director of the office of preparedness emergency response systems and the acting incident commander for code response for the health or Good morning of Dr William greenfield the medical director for family health at the Arkansas department of health right thank you very much we'll I'd like to recognize which everyone of you would like to to begin the discussion and cover the topic Force in there may be some questions from members certainly so if pleasure of the Committee I'll be happy to give just a brief overview of. Kind of what took place during our code response from health. I refer to my notes to make sure I get my numbers correct but in March of two thousand and twenty the health department begin the lead agency of the response for the COVID nineteen out for. At that time we stood up our emergency operations center to a level one activation which means that we. Our staffing our emergency operations center twenty four hours a day seven days a week. During the main portion of the day actually from seven in the morning till seven in the evening. We had close to two hundred people that were directly responsible for the operations of the outbreak response. And I can go over those numbers specifically as to what their duties were but to give you just a sense of who they were we had approximately fifty epidemiologist every day seven days a week we had a cost taking we had a hot line that we had to manage we had fifty call takers working seven days a week our in our emergency operations center we had about thirty five members in those those were anywhere from all of our stakeholders department transportation CDC DHS HHS our state GIS office our National Guard are liaison to the governor's office and many other folks staff in our emergency operations and. Many of us like myself. Work seven days a week twelve hours a day. I did that personally in many of my staff did for at least seven months and. One of the things that you know I grew up in in a military family and. My father was a decorated veteran and proudly serve this country one of the things he would say is that an army marches on its stomach. One of the last things that we want to make sure of is that our employees don't have to worry about those minor things my job is the incident commander of this operation was to ensure the safety and the health of those who are responding from a part of our agency. And so what we ask our staff when I ask the majority of everyone in the building is when they responded once they got to work do not leave do not exit the building until it was time for you to go home and when you step headed home when you got home you stay home until was gonna come back to work the last thing we could have afforded at the health department was an outbreak of code. If we got that the operation of the response could have been jeopardized to the point that we could not have responded. In that would have been detrimental to the health and safety of the citizens of every citizen in the state. And so we asked them to not leave that we would help provide the basic sustenance that they would not have to worry about trying to leave it even if they left everything was closed there was no way to run to sign occur when these or somewhere else to get lunch most of these folks the respond in our agency we're lucky to even be able to go to the store to shop and so we we found it very very imported at the leadership level and from my perspective is being the commander for this response is that. These individuals need to be taken care of and so we provided to them a very minimalistic lunch. The Turkey sandwich of cooking in a bag of chips that was for the most part of what the eight. Now early on in the pandemic there was probably just one restaurant that would actually even come to the help of our. And deliver food at everybody else decided that he wanted especially Dr Greenville speak to the quarantine facility which we operated but many of the restaurants eventually came on board we will deliver a very simple light on please they didn't take a break D. our call takers were taking over six hundred calls a day plus four hundred voicemails the answer calls while the eight. All of my staff in the emergency operations center never left their desk we didn't have an opportunity to stretch our legs it was non stop work for almost a year. All rapidement colleges are turning out these reports and I in and I can go on into the specific details and happy to answer those questions but they don't have time for two minutes even stepped away. And so it was very important to maintain their mental capacity to make sure that they stayed at least reasonably healthy and so we provided that Neil to them on the direction of our leadership at the time we did ask the questions to our federal partners who we had calls with every single day if these expenses were approved expenses for these meals and they assured us that they were. and adopted a joke can speak to the reimbursement peaceful right now in the process process the process of seeking reimbursement for these funds to go back to the cares Committee to be reallocated for other operations and so I'm I'm happy I could go on but I think it gives you a pretty good sense of of our operation within the health department this was a battle the truly was within the health department would every day two hundred people walking in the building just trying we didn't get set. In we screened our people two times if not three times a day then eventually we started doing testing every week. For all of our folks that man emergency operations. And so. You know to to characterize our employees of having the ability to come and go as they please we we didn't truly and seven days a week twelve hours a day and then after seven in the evening most of those like myself to call and I took calls to three o'clock in the morning from sheriff's departments will jails from those who are having issues with COVID outbreaks what we do and so the those that this this process was twenty four truly twenty four hours a day seven days a week and and taking care of our employees during that process was was paramount to the success of operation I think by doing what we did we had only two people that I'm aware of that developed over during a response and we were able to catch it early and isolate them and so we had no major outbreaks in any of our areas of responsibility so I think that was a testament to what we did in our leadership at the department from police. Well. Mr brown definitely I thank you for your efforts and all the efforts of what everybody put in there's there can be some questions here I want to ask one follow up on this it again this part of the process is making sure that you have an opportunity to respond which is what you're doing because none of that really came through in the report that was on channel four so let me ask about this specifically there was one statement in here that says catered meals that the department have gone to select employees. All the coaster following on the taxpayer's dime bills in the past year include charges at a high end restaurant four hundred thirteen dollars and its got when almost looks like a clear clear capital on this is is another bill for restaurant total fifty seven thousand seven hundred seventy two all these charges relate was COVID nineteen response I guess the only thing because obviously no when you're feeding that many people in your bringing the men obviously you're going to have bills are going to get yeah hi but we. Number one why would they make a statement catered meals the Department of going to select employees which seem to indicate because this was from someone anonymously within the Department. That was concerned about what they were saying. And we're concerned enough that they brought this to the point that. They made some you might as well say allegations so could you speak to the selected Chloe's and and do you have a list of the different departments or names of the employees of that receive these sure so. During the initial part of the response and I would say probably from March until maybe October and November you know most of our employees stayed many of our employees work remotely that were not a part of the covered response. When things started opening back up in the end and we were able to. Allow some employees to leave the building We still ask those who are working on specific COVID related duties that we cannot leave now they were stated they were working separate age they work in several parts of the building that you know most of the places that are covered folks work we're secure locations he could just come in and out of those locations and so the meals were provided to those who are working directly on a cold related activities and so those who came back in working on regular activities they have the ability to come and go of those were not part of the code responses we had a technically because lest we wanted to make sure that we were spending COVID dollars only COVID activities as far as you know the the the cost of the deals I can let Wisconsin speak to that in in Dr greenfield but you know our employees we have one meal a day that the those who are record teen at the facility had either homeless or other issues that couldn't go out in public they were three meals a day for them so that shows some of the difference in those but those weren't employees those were in into the actual citizens. We're quarantine but that kind of separates that's that so we want to make sure we spend COVID dollars until that activities instead of just beating everybody in the agency after it for things that were not covered related at all. Do you have a question what I just go in state so I don't forget it while we're on the topic is I'd love for you to provide me a list anything that you have background on who is receiving these especially as it relates to select employees so we can fulfill our oversight sure and I believe I have representative David Ray you're recognized Sir. Thank you Mr chairman The news report that publicized the meals are being provided to employees that report was published on August our sorry excuse me on April twenty ninth of this year and then in the in the footnote seer of the document you provided today it says that the food expenses for emergency operations ceased in may of twenty twenty one. I don't know if I don't know if that's coincidental of that can you or not can you speak to the decision to cease the mail operations why that by the time of may twenty twenty one was chosen so so basically what we did is on may fourteenth all state employees were required to come back to work it up to that point those who had different conditions or otherwise we're not you know we're told to stay at home and so we use that may benchmark for all employees came back to work is a time frame that that wasn't an arbitrary conference just came out of after an April date that was something we have discussed probably since February of this year. Thank you Sir okay. Members you have any other questions at all on this topic. Seeing as or anything else that you like to say today. I just want thank you for this opportunity because when I saw the article albums like I understand how others could have received it but this is the opportunity for us to explain exactly what what happened to provide this report to kind of give more of a context of the food and and where it went so I just want to thank you all for an honest to to present this one well I absolutely thank you all for what you've done what you've done and appreciate giving us the follow up information just so we're doing our due diligence and I know that the pandemic is subsiding but I have a very dear personal friend right now the tracheotomy and on a ventilator Saint Vincent and he is struggling to fight for his life and so even though it's going down we still have people that are right in the middle of fighting for their lives in the situation so I thank you for what you do and appreciate you for being here today you're dispensed unless you have anything for I don't all right good deal all right thank you very much. All right members of we're Adam eve now and I would like to invite to the table Dr Donald Bobbitt in Dr Joseph Steinmetz arquebusiers in the University of Arkansas System and doctor Steinmetz chancellor of the university of Arkansas. And this is related to discussions recommendations regarding the removal of the Fulbright statue and names from the university of Arkansas campus. German thank you for being here and for the purpose of those that may be watching would you mind stating your name and your position who you represent for the record please sure. My name is Donna Bobbitt president university of Arkansas system. And I'm Joe Steinmetz a chance university of Arkansas Fayetteville thank you we'll start on a positive note are we all proud of the razorback baseball team you'll give them a hand for the. Very proud we always have to fund those good things to talk about is so I would like to yield to you referred to have you tell us what you would like to about the issue I think that we have in the packet members you have exhibit the which I believe is A letter from the chancellor's office I believe dressed you doctor Bob but I think I'm not mistaken so will you ID you for your presentation comments on this issue I'll defer to the chancellor because it this point I have received his recommendations they've gone also to the board of trustees for their perusal I'm in the process of gathering my own information soliciting input from our cans and stand and those outside the State of Arkansas who does support and and support the recommendations but also have other ideas about the importance of both the statue in the name of the college okay. The chancellor you're recognized thank you the only thing I'll add is that this issue itself isn't new to the university it's been around for a few years probably the first I heard of it I've been chance of for about five and a half years was probably within the first couple of years that I was there it came to a head with the murder of George Floyd last year and and it created a lot of activism on campus and in off campus and around the country on on issues related to this so over the course of almost a year now I've gathered input on this issue and that summarized all of that input and exhibit a the the letter that I wrote to Dr Bob it so I don't think I'll elaborate further than what's written into the left. Okay. Of a good couple things just clarify for me is is and we got some members that have questions that will take this even further eight the who who actually decided to form the committee in the first place. So I did among the a a a list of of actions and collecting information about this and then what I did is ask the dean of the Fulbright college of arts and sciences to create the committee which he did and then they did their deliberations okay so to make sure I understand you made the decision to start the process by which the committee was formed and then get laid out the charge to them which included the consideration of the removal of the statute. The charge to the committee really was to investigate the legacy and and potential recommendations on what to do it was sent in the beginning I think slanted and anyway okay. Well there's a couple things that I wanna I wanna make sure I was just reviewing different things about the statue an issue and I think that that do you all know that the whole country feels a bit under attack from the sole woke culture that seems to be pervading everything itself very reminiscent of the McCarthyism almost in reverse isn't and so it's it's troubling I actually went out and found October twenty first two thousand two was the dedication right for the statute where you already there were either of you I can't recall if you were here at that time. I was dean of the Fulbright college installed statues or there you Sir you were there you were very much part waste the money to do the installation yes Sir well good for you you and I share some of that common then no way former governor and of Arkansas former president of the United States Bill Clinton said that day and speaking about Center Fulbright quote I admired him I liked him. On occasions when we disagreed I loved arguing with him and he had a lot more things to save it I just thought it was interesting that president Clinton came back for that day and and it's stated those things the admired in that he liked him and we all know that people have human failings none of us are perfect definitely but I think it's interesting He made those comments I would ask either of you did the committee consider the comments of our former president and governor when they were thinking about what they might do with this statute. I'm not certain whether they specifically took out the comments that a president Clinton made when he was here but what I do know is that they took their time I think in studying the issue very thoroughly I was actually thinking that the recommendation from the committee would have come before the end of the last calendar year but it extended because of the extended discussions that they were having an into the year so is it was a thorough discussion. Questions remain stack up so I'm going to just interject one more item here and you'll then we'll come back towards the close of this portion of the agenda are either of you familiar with congressman Herlong junior of Florida. If you have heard that name. I have answer January the tenth nineteen sixty three congressman Herlong actually stood on the floor the United States house of representatives and entered into the record what we now know is commonly called the forty five communist goals is to disrupt American culture and take that over have you ever heard of the forty five communist goals. I have not sent I'm going to S. staff actually to make this available to all of our membership you can get it actually freely on the internet we'll get a nice clean copy hopefully from the congressional record for everyone to see but I wanna make mention of it because when I begin to deal and and are committees begin to deal with this issue and took extensive testimony during the session on the reason to protect our statues in American history an American heritage. It's just very if you will allow me to say it's very airy. To read a couple of these goals for you out of these forty five goals that congressman her law read into the record I'll jump to seventeen and I'm going to just mention a few and then I'll stop and then we'll have the questions number seventeen is get control of the schools use them as transmission belts for socialism and current communist propaganda soften the curriculum get control of teachers association put the party line in textbooks goal eighteen gain control of all student newspapers nineteen you student riots. To foment public protests against programs or organizations. Number twenty infiltrate the press gain control of the press editorial writing policy making positions and here's where it gets interesting twenty one gain control of key positions in radio TV and motion pictures twenty two. Continue discrediting American culture by degrading all forms of artistic expression. Unamerican communist cell not this again was nineteen sixty three was told to quote eliminate all good sculpture from parks and buildings substitute shapeless awkward and meaningless forms twenty three control art critics and directors of art museums in the planet says was to promote ugliness repulsive meaning meaningless art number twenty nine discredit the American constitution calling it inadequate in isn't it interesting that this is the same rally cry that we hear from the very people that say to tear down every single statue of American history in the country today. Thirty one and I'll stop be leveling all forms of American culture and I'll throw in their number thirty is creating the American founding fathers which they've done I just wonder. Why not perhaps maybe we should all take a step back. In maybe visit history little bit. And have some recognition that this constant effort to tear down things about American history and heritage is actually very very disruptive and very dangerous to any culture and very dangerous two hours you have any comment before going further questions I have no comment. It doesn't move you at all. You're asking me offer an opinion here Sir yes I will yeah I did talk about this statute and recommendations and if you'd like to have a separate conversation about that I I find there are things within the list that you wrote that are quite bothersome to me. It is bothersome I'd love to talk about it with you further doctor Steinmetz maybe I'd even come and give a talk on it to the folks that think they want to tear down all those things it just so happens I'm going to yield that since you commented you know I visited with you one day about the Clinton name on some of our buildings because of some of the accusations it's been put out there before. I remember as an we know that those names are given for for president Clinton because of his position but he does have character flaws that I think are just about as bad or worse than what they're calling about senator Fulbright I just think we need to be careful. We can honor history and heritage without trying to tear everything down in our culture with that I'd like to recognize Senator Mark Johnson. Thank you Mr chairman and has the. Author of the legislation that kind of brought us to this point today if you would bear with me I have several questions and I'll try to keep it yes concise and and brief as possible but it is probably a little bit longer than even I would want it to be but first of all doctor robin Dr damage thank you for coming in a submitting yourself to this And and please give the baseball Razorbacks our hearty congratulations and coaches and players for a great job and I can't help but think as I was stating This ninety nine years ago. We didn't have Kevin Cobbs ninety nine years ago The Razorbacks in the following of nineteen twenty two lined up to play in the very first homecoming game. And the SMU Mustangs came to town on the train and they were forty point favorite in fable against the halls and they've only been the hogs just a few years you know that since Hugo beds it kind of gave him that name the coach was Francis Schmidt and he was trying to fire as players up in the he did they had they had defeated Hendricks my alma mater and Drury college but they lost to Washington also things were little different back ninety nine years ago but Coach Smith put a big banner up is twenty feet long five feet high that's in Arkansas never quits. And so pass that on to our our guys Arkansas never quits in the way they've won the last few games at one if they didn't quit I'm proud of. But in that game even though the hall for forty point underdogs of the quarterback threw a touchdown pass and kicked a field goal in the hogs had a nine point lead ended up winning that game. That quarterback's name was bill Fulbright. What people don't know that instead and in addition to being the president of the University of Arkansas United States senator and I what a great ambassador to this state he was the quarterback the Razorbacks. Of. And then another part of history he was president. Of the university back I guess before there was a chance or there was fable campus so he I guess had both of your jobs if you want to look at it that way. And His mother just happened only newspaper inflatable and she'd written submitted to or else criticizing the governor. And so he figured he'd he'd take care that he'd fire the president. So we fired bill Fulbright is who I think was thirty four years old when he became president but he he fired him as president University and in reaction Arkansas passed Amendment thirty three which shall y'all operate under right now and we it contrary to what some people say it was not about making sure that all boards and commissions are oblivious to everything that happens in this body or anything it was simple to make sure that the governor couldn't fire the president nor get rid of board members to get them to fire the president and it's how what we've operated over for many many years now is so interesting to me how history just makes a full circle and we come back in here we are of. Earlier this actually two years ago I began working on legislation to try to protect our historical monuments of. Our chairman was involved in a and erection of a monument on the capitol grounds that the honor to ten commandments which is part of our body of law of western civilization and soon after it was erected someone ran over with a car and busted it and it would his tenacity it was restored to its proper place with a new one and was a protective bollards so if if you try to run it with your car you would probably tear your car up probably not damage the money but but this is the world we found ourselves in and My bill in twenty nineteen did not pass but I filed a new bill in twenty twenty one to protect those and partially in response to of the rights that we had and some people call them peaceful protests but. I still get hurt and angry when I see the graffiti that was written on our capitol building in our grounds and the fact that to our capital policemen including summer my dear friends were fearful for their lives with the so called peaceful protests hi right here on these grounds so that was part of the reason for. Senate bill five fifty three this now Act ten oh three Which I guess now brings me back Dr statements to your letter of. In your letter you sort of give a on one hand but on the other hand type analysis but I'm not only governor broke which I'm not even gonna go into that I think that's outside the the purview of of the particulars of of the act I would discourage you from joining in the wall culture in taking his name off I think it is interesting though that you mention in your letter that he supported women's suffrage prior to the passage of the nineteenth amendment Arkansas being the only southern state to do so and he publicly supported anti lynching laws and I'm gonna tell you if you have any kind of a US of a student of southern history you know that that was a strong and brave political act. Even in the abstract at the time he was governor but again I'm not going to sit in anything about that that's not subject to why my legislation passed it was about monuments. I would love to have had it where you could change the name but that was in the twenty nineteen bill in and to many members of this body told me that was probably going too far and I didn't put it in the bill for twenty twenty one. Senate senator Fulbright issue said Dr Steinmetz cases complicate. Like many of us in public life who's someone in his case in public life for fifty years or so his life is complicated he's a complicated individual dare I say he was like everyone of us a flawed individual up if you go all over an hour's drive east of your campus you'll see a huge white statue of Jesus Christ and that's the only one I know of that was perfect and could stand the kind of scrutiny that we seem to be putting on some of our past people I mean when when there's people in the what moving or tearing down statues of Abraham Lincoln in. As part of the black lives matter movement I I can't help but shake my head in the interview I'm just I cannot believe that such something like that would happen. Of. In there in your statements of maybe support shall I say or or positive things about senator Fulbright you mention his op his opposition to the Vietnam War. And that indeed was probably the most complex thing of all senator Fulbright was sponsor of the Gulf of Tonkin resolution which allowed the kind of commitment that the American. Military made to South Vietnam he had second thoughts about it and he did become quite the opponent probably the leading opponent in the US Senate to the Vietnam War. in having the benefit of twenty twenty hindsight we can sit back and analyze the brilliance or the the incredible stupidity of getting involved in Southeast Asia at all we could do that. But at the time young Americans were drafted. Volunteered and went over there they felt like they were fighting for their country they felt like they were doing the right thing. A. My friend senator Wallace right here is a decorated veteran the Vietnam conflict he was a helicopter pilot and he. Who shot down and and we're fortunate we have in here it was a near thing that that he is with us but but clearly some Vietnam veterans looked very angrily accentor full right he didn't support them while they were over there fighting for their country other people say he had a proper view of America's role in the world and he was doing the right thing the point is it's complex. He's a human being yes the flaws that all of us have. I'm. Probably most troubled by the fact that you appointed a committee many students involved in one thing about being a college student I was one one time and I don't claim to have a grown out of all these problems but. When you're young and in college you're smart and you're gaining information you're becoming educated. In your intelligent you wouldn't be here in the first place so you're you're becoming a better person it's process but soon rarely rarely are they use Senator give me just a minute I just wanna let you know we're stacking up so be real I'm coming to it Mr we are. Often lacking in wisdom until we get back and get some perspective so offer that is well meaning as many of these young people and even some of the faculty and others on this committee might be there seems to be a lack of wisdom but when we really get down to it. ACT NO three. Is not about senator Fulbright about the Vietnam War or about Fulbright of scholarships or any of those things it's about the law. The General Assembly passed a law that says you cannot remove the statues. Now there is a process in there which based on the the content of your letter. You seem to say what will apply to the history Commission for a waiver well I can assure you being the author of this legislation that the waiver is not because if snow flakes feel uncomfortable walking by state you we need to remove the statute the waiver would be if you have a highway that needs to go through where it is it would be impossible to to do that about moving it or water line breaks under it and you need to move it repair the water line those are the kinds of things that are covered under the waiver that hopefully soon we'll have a rules written by the history Commission and and referred to this body to have those rules are reviewed and approved but I'm simply here to remind you that. As of the effective date of this act. April twenty eight twenty twenty one. It will be a misdemeanor on the first offense to move the statute. And someone that does it to a second. Opportunity would be guilty of a Class D. felony so I'm at a point simply to remind you that that is the law. It is not a policy thing it is now a legal matter so I encourage you to explain to your your board when they meet that this is what the law is and while you and I might have a difference of opinion on what to do and how to do it once the governor put his signature on my bill it became law the state of Arkansas and I expect you to follow the law we may amend it later you may ask for amendments you may ask for other things and we listen to you because we respect you but this is the law and we expected to be followed that's really all I have at this point thank you Mr. Thank you senator Johnson. any any comments from either one of you. Yeah thank you for the extra. Senator Garner you're recognized Sir and then I have represented Garner following. Thank Mister chairman. The chancellor made his recommendations via this letter to the president what's the next step in the process as far as the decision to be made whether actually three three issues before before me right now the broth comments as was mentioned the name of the college and the movement of the statue. I'm in the process of securing feedback from a wide range of individuals across the state both for and against various actions and I'll make recommend. To the board of trustees hi fully recognised Act one of three Senator Johnson and in that acted says that the store commission will. For its movement I would also suggest that the commission may consider the safety of a particular monument the Cappy protecting its location might there be another location equally beneficial the education of students in a public. that that could provide a more secure and equally educational benefit I don't know what that location is I'm just leaving open at this point time Senator Garner all opportunities to gather information. Thank you for a quick follow up so. You'll take the recommendations from the chancellor. Put analysis on them and then we'll recommend to the board what you think they should do but also in the board has the decision making process on removing the statute changing anything that may happen that's correct in fact my recommendations may be that I don't take it to the board that I'm comfortable with the way things are right now and that I don't see a need for the board to take up the issue unless they choose to do so quickly if I may love you in the board. I think I looked up of your careers before you showed up day you both have distinguished careers in higher ed I mean that sincerely I know that Mr president you've been that you've a for twenty years now maybe even longer. A longer yes Sir. You put time effort into this system. And maybe one day or trustees or people campus will look to honor you and your name and legacy of putting up some kind of memorial to you for this statute a plaque and name somewhere I think if that occurs it would be appropriate to have that looking on your distinguished careers. What worries me is that the president you may set today twenty thirty forty fifty years from now so I will look at your legacy not from the lands of the time you lived in the career you had two good efforts you did or will take small single instances. And you set the twist and distort your legacy in very bad ways. I will take this especially if your family was still around similar to center for Brighton Health letter yet that was released by his family asked that these actions not be taken. The board of trustees are usually made up of good men and women with means and other things that could have their name in there as well. But if the president you said today. To distort history. To change things in such a major fashion to take somebody's whole career legacy in to sterilize it down to one or two negative actions I think you have dire consequences moving forward so I would say that as a elected representative somebody went to university Arkansas that you have we weighed the person you'll set today for future generations for the men and women that wanted to sit in your seat and could be looking at your legacy thank you Mr thank you thank you. A representative Garner you're recognized ma'am thank you Mr chair thank you guys for being here First of all I do want to say I've got mixed emotions about all this is well I'm sure most of the staff did as well most of the faculty and staff I do want to thank you for your programs for inclusion and diversity and it's amazing I think what's happening on the university and that in that realm and I appreciate that my question is after working with the advisory board for years to to solicit more involvement from the foreign scholarship for the Fulbright foreign scholarship fund had have you had input from them you know we've worked for years to get them involved to get them back on our campus and get to the Fulbright scholars back involved in that kind of thing what is there what is their response to this. These issues. Excuse me just a moment that's a great question there have some member having trouble hearing you as best you can pull those might close I know there may be a little tight but thank you for that okay. Thank you representative garner for the for the question first of all I'd like to remind everybody that the recommendations that I made to the doctor Bob that actually don't follow the recommendations that were made by the committee that was formed in one of the recommendations is not to take the name of Fulbright off of the Fulbright college in part I think due to exactly the issue that you're talking about is that I've I'm as I said in the letter thought it was in the best interest of the university to hold that connection to the senator publicly because it's very beneficial particularly as it comes to our identification with the Fulbright program which is impacted hundreds of thousands of of people around the world and so for that reason I didn't follow the recommendation that was handed to me by the committee to who who would have I think completely canceled the Fulbright legacy completely off of the campus in fact and I am asking to preserve the statue actually and to move it to a location where it can create an educational environment where we should we should be all about where we can tell the story about the Senator the good things about the senator there's many of them. and to to tell you the truth I knew of the senator years before I came to Arkansas and it's because of of his involvement in the seventies as one of the leading senators in the country so a lot about Arkansas itself for me was actually because the bill Fulbright and so I took that part of this very seriously and yes you did hear from the Fulbright commission on the issue as well talking about the people responsible for the scholarship program and the fellowship program and and of course they're they're very interested in preserving that legacy as as we are. Thank you. Apologize Senator Clark. I don't you should be ready if you'll go yeah let me get you again. There you go thank you. The setting years distinguished careers aside. The question that was just asked and the answer. Don't surprise me. Of I think if it was someone. Not connected. Two per state scholarships except for a. I be a hard decision at all. Whether should be or shouldn't. Of the fact that money. And prestige play a factor. Same hyper critical I think because it is a critical. is it not. I will tell you many of the Fulbright fellows who have contacted me directly and I want to speak for the cancer but contact me directly usually by phone call. Talk about the life changing experience they had been able to visit the United States. to see what our democracy was about and they went home to their home country is changed individual. And so I don't I don't know that I agree that it's all about power and prestige or money I think it's about changing lives and senator for break I understood that if you remember to go and take at senator Johnson's history lesson a little further when he first tried to get the approval of Congress for his international exchange program after seeing the horrors of World War two have wrought upon Europe he was rebuffed pretty considerably and so he attached the scholarship program hit it in a rider in which the the sale of surplus military equipment could be used to fund and so it started very humble beginnings and has continued because of the value that this program brings the individuals who are fortunate enough to participate in the. So. Then why would we want to remove or move the statute. So as I said in the letter and in in the investigation of this over the past year this is an issue that has polarized the campus greatly in its and I think about it in all a lot of context of being a generational as well where are you are a current students and and our younger alarms would like this legacy erased because of the failure of senator Fulbright in the sixties to back the Civil Rights Act in actions to to a lot of our university of Arkansas community that's serious and I took it serious not on the other hand we have I think another generation of members of our you of a community. That are very strongly at attached I think really in in a in a reasonable and I think a way that I could totally understand about the impact the senator has throughout his career so faced with that the decision I made and made a recommendation as I think it's best for the entire university of Arkansas community that we preserve the name of Fulbright on our campus largely through the college of arts and sciences where it has a prominence nationally and that we were in a move this the statue in a place where doesn't remind people on a daily basis about the pain that they feel because of the lack of as of action on civil rights issue I think it was a compromise in my opinion that's best for the University of Arkansas let me the I think you will what you were billed this issue has revealed is the heart of the issue you're familiar with the term ivory tower. Correct I can't tell you but the kids will rock for sure the kitchen Northwest Arkansas because northeast Arkansas some discreet but kids for my district. Springs but Melbourne. I don't believe they had those opinions. One two three four years ago before they got there. I know the ones that are still in my district that aren't there don't have those opinions and by the way I'm not a big fan of Central brought to myself it's just the whole lot of fun the whole idea repulsive of the whole idea of cancel culture repulsive and they didn't have it before they got there they got it there from this university that you all reside over do you think I'm wrong. I think what happens is is students make transitions in their lives the way they think and what they believe and I think sometimes that happens on campus but it happens in other places that that the eighteen to twenty two year old group are at so other than that I don't know what else that was my point the one still in my district. That haven't made those changes in their thought pattern so it has to be something to do with your university and to act like somehow it doesn't have to do is have something do with the adults that are there that that we know nothing about what's going on do you really not. I have no other comments thank. You senator thank you. Of I've got two more in Q. I'm going to take the person is not ask questions next and we'll back to another membership represented McClure. Well thank you both for your time. I know this is been very time consuming not just in labor but process also on fox. Dealing with the trustees various ones. Stuntmen's if I understood you correctly in your opening remarks prior to you taking your position that this this issue might have been brought up in the past. So my question is is three fold. What was the timeline when those concerns were made. What was the response to those concerns when they were made before. And we're those responses that were made previously taken into consideration to your recommendation. Yes thank you for the question this side and I can't speak for prior to the five and a half years that I've been here but my understanding and and Dr Bob it may be able to address this was on the campus longer than I have been isn't a recent discussion among some of the students and alumni of the university so if I look back over the five years that I've been here these issues would be presented by students and some of our alarms about this connection to senator Fulbright's lack of action on civil rights in the nineteen sixties and then tied to the statue into the college so I've heard this is a sad probably from since the first couple of years that I was on campus these were typically dealt with in form more informally up by discussions that would be held in the fall break college itself about the legacy of of the senator and so those seem to be okay in addressing the issue but I think everyone in this room knows that the environment in this country changed a year or so ago around the issue of race and race relations and so it became a flash point in our campuses well in in my mind something that couldn't be avoided anymore in and something that needed to have a discussion and and and and really and and something to something that that actually led I think in the end to us putting this issue to rest. And I I would like to at two things one I'm I want to personally commanded chance or if you look at what has happened on some campuses with less serious flash points I think the chancellor is done a very good job of creating a conversation that lets people feel their voices were heard and we haven't seen any damage to the campus we have had conversations and meetings and demonstrations but nothing that we have seen or other campuses I was dean as I mentioned when the statute was and still. And I can tell you is do you know esteem for almost six years back to there were faculty who visited with me along to visit with me about his background we talk about it I was fully aware of his signing of the site seller manifesto and other issues after all by college has a history department in it and uh they never cease to remind me of what I don't know and in the form history and I I think that we might want to get senator Johnson perhaps an adjunct appointment at least because you did an excellent job of summarize. District but but these were these are more like one off conversations not organized but I can tell you that the the under current is there of this conversation and the uncertainty about trying to balance the greatness of some of his achievements against some of the failures and personal background I think what chancer Steinmetz student is letter to me as a heatwave does on the double pan balance and the achievements and what he has done for American society for the state outweighed yes yes I guess I will say Clark won his record that later on in life he commented on as being something that he would not have repeated. Anything further okay the senator garner you're recognized her thank you used to work earlier I think I had to dress when you said the pain that this causes on campus what you're really talking about is offense when I went to university or look for law school I can tell you there are numerous times when I was offended. Are people who would wear shirts that word. Because the Republicans there were people as a veteran who have anti war statements of protest up there that were pretty offensive there was a person to come up there about once every few months to scream and cuss at people that they were just a bills and things like that because they wore dresses. And where was understood to me is that that's a natural part of the learning process at the universities to be offended have your ideas challenged to have history put your face in real ways. Worries me as you said that you're trying to alleviate the pain but if you go on the Twitter account surrounding this issue from the university Arkansas you're not alleviate anything to them in fact they have a list of demands on certain websites that you need to follow and they said that your letter is not nearly far enough and that they will continue to push this section. So aren't you in a way of teasing this kind of mob mentality in a way that doesn't alleviate real pain but just gives into this kind of culture of offense and that once you've gone down that road this will just continue to expound on itself to get worse and worse under your tenure. So I spent hours talking to this some of the students that you're referring to from social media I and and somebody mentioned the amount of time was spent on this issue it's it's been a lot and I've had conversations with groups of the students for the last six to eight to nine months and I think it's paying. I'm just gonna tell you I believe it is paying. Not just simple offense walking by statute cause you pain I believe in a fine painter me unbelieving what these to define what pain means because you know as a veteran I can tell you what real pain is is not welcome by statute get your feelings hurt temporarily. I think it's an emotion that's deeper than just having your feelings or to me that's the definition of what I think the pains thank you Mr. Welcome representative may very. Looks like they were just a moment representative I don't know why it's there you go thank you I'm I'm gonna be super brief I really didn't plan to say anything but just listening to this whole conversation I always think what can we take as we move forward and I just would like to ask you all when you are considering the next time naming something after someone building and or anybody really listening naming something after someone or building is another statue. We're not supposed to have idols. And look how much time we're spending on this and had these things not been done to begin with maybe we wouldn't have the problems that we have right now and so just to be thinking. Twice three times before we name something after someone or build another statute that's just a statement thank you thank you. Well I think we've come to the end of it in and on. At we will look with Chandan members if you have anything else to say and some of you chimed in and out so I don't know whether you're pulling yourself in and out but I have represented Milligan if there's anyone else you can get my attention. Axes representative Ladyman Mr thank you for letting us speak I'm not part of the committee but when I was in this conversation I. it it bothers me greatly I want the University of Arkansas eleven William house for number years which overlooks breath Commons my granddaughters going there now and we had discussions about eating in Bruff Commons and how bad the food was when I went there. This is history this is many years ago I believe we're we're reacting in short term I'll even use your word painting. You know sometimes short term pain you need that to get better. I can tell you I had cancer in short term pain was a big help to me to get better we don't need to react with the knee jerk reaction and I think about I toured downtown so Paulo in Brazil a few years ago and not looking at the statues in the architecture it was just amazing and when I asked the guy AID you know how older the statues in these buildings and their you know their hundreds and hundreds of years while in Europe did the same thing there are thousands of years all these statues that have been there for thousands of years I'm sure those people had flaws. I'm the only one person I know was perfect I won't talk about that but we all have flaws. But they did something that was was great difficult hard to do that most other people wouldn't have done during that time period to have this statute they're it recognizes an action that they did. And I think we're going down a very slippery slope if we take one flaw of a person and react to that and we talk about a year and a half the pain one when I was at university we had the same sort of thing and I didn't know who Mr Bruff was when I went there but later on I learned that was. So I think you cannot look at two years and make a decision. We have to keep our history and is not perfect would you agree. Yes and I do agree that you have to keep the history and in fact the recommendation that I'm making is actually to boost the the head start what we do with the history around senator Fulbright so what I'm really suggesting and recommending for that to doctor Bob and the board is that we not diminish for senator Fulbright at all but actually celebrate that history but to celebrate the complete story of the history not just things that we pick and choose to talk about that includes all the great things that he did and which are just tremendously in in number but also the the failures study had historically as well so I'm I'm really in favor of of increasing that history and that's study of history not diminishing. All right I'm going to make you come in here at this point we've got a couple questions people is chime back in that you know you talk about six eight months that you spent meeting with students and I think that's very noble I think that's great that you're spending time of but a lot of all of this it just it just it puzzles me. You all and the staff at that school are the leaders. You're there to teach. Is there to guide. You're there to impart wisdom. Not a small group of loud and vocal activists. They have wasted your time. They absolutely have. They've had ever opportunity to get their message across. And you know what we have done a lot of talking about positive and negative things about senator Fulbright. But what you're about to do if you move that statue is Katie. One of vast majority of the people of Arkansas want you to stop this mess and quit cave in to a bunch allowed but local activists we hear you. And I appreciate you. All those folks say your piece but we're not going to tear down buildings and structures and sculptures and art and monuments just because you don't like it in no Sir if they've got that much pain maybe you should send them to counseling rather than cave to with that Senator Tucker you're next on the list Thank you Mr chair I'm I'll be very brief as well since we have the chancellor of the University of Arkansas here today And we have rightfully comment on the baseball team also thought it was appropriate to take a moment recognized that we lost a legendary raise back yesterday a track and field coach John McDonald winner of forty national championships and this since we're gathered here this morning I thought it was appropriate to recognize coach McDonnell. Mother common which again will be very brief is I just want to I thank you for the thoughtful and serious approach that you've taken to this issue generally on campus and with us here this morning kind of conversations the all had over the last several months and years and and here today these are indications of health in a free society when we can have these kinds of conversations and it's evident to me and I believe everyone House seriously you'll have taken this and I thought you off we've been about it and I just wanna thank you for your approach in this process and for your time and patience here today thank you thank you. Right going back to actually represented Bentley you're recognized. Thank you chairman and doctor Bob at the statue of Saddam over here I see okay thank you Sir I was looking I know people know we're at in looking at the letter that you gave to us Dr Bob there on on the inclusion I just want to share some concerns of my constituents have students that have been to your campus sometimes when we try to be inclusive we make others feel exclusive and that's exactly what they felt on campus Christians students have strong Christian bale's vote for excluded and hurt Bills I'm I want us all to work together to be positive to make all of our students feel comfortable on campus and to thank our students the very best as they possibly can we know that university of Arkansas's Arkansas school last night during the baseball game in my house we had it in you see a graduate a tech graduate and and you have a graduate for all hog fans of the House when it comes to it to watch in the House place so Arkansas into Arkansas School you obey this one to be sure when you do when you're inclusion you're including everybody and not excluding of this memory cautious with that I appreciate the time for the comments chairman. Going back now to Senator Clark and then Senator Johnson you have the last word. Thank you Mr. The this up listen to the. Remarks by a representative Ladyman Ladyman of and the remarks about paying. You know one the things that stands out in my mind over the past couple of decades. Is a great historic monument on a mountainside. Of that work of art monument and religious symbol I didn't give a flip about the religious symbol was blown up when the Taliban took over that area. it was a Buddhist. Of. Symbol. Step two as a statue is much bigger than a statue of I think you'll probably remember that. The you know I'm trying to remember the name of the temple in Thailand of bank is at Bangor what or the runs that mock of peach to. Because I think if we asked. The Taliban. The. That great historic. Work probably pained them. In the the runs of much of the to make paying someone of some of the other runs you know I'm not I'm really not for human sacrifice so. That could really because you know let's destroy everything that has anything to do with human sacrifice of the of not you know not Buddhist so I shouldn't shouldn't bother me that the Taliban blue those up. Of do you see the similarity. And how we can inject paying. Because I feel pain. You know I'm a you know. The good chance I'll never go to Afghanistan because of of the situation there I love to travel the world I love to see things like that of but whether are you ever get to see all of the it's a wonderful thing that they exist. Of. And once we start down this path how are we different from the Taliban. And I would just briefly say that I'm not suggesting we blow up kind senator Fulbright stature in fact I'm in suggesting we move it to a location where actually people can see it people can it be contextualized by the entire history so it's actually in in a lot of ways for me a preservation of the act that cultural symbol it's it's not of blowing the statue up. For you. And I think for others as well but I've that I've spoken to. Thank you. Well you know it would be easy for you to save money time and trouble for you to just discussed and contextualize right where it stands senator Johnson. Thank you Mr chairman I will be brief just don't want to do want to remind you that on page one of the act ten oh three it defines among other things historical monument to mean a statute comma Memorial com and then on line two on page two line twenty nine it says memorial means an identifiable place that is set aside for the purpose of preserving the memory of a historical person that would include the current location which is by all money so in my opinion and you have lots of lawyers up there you can bounces off of but in my opinion what that means is to move that statute to quote some one might call a more appropriate place would be a violation of the act and I remind you that and I don't know if it would be. The members of your advisory committee either you to gentleman or the entire of the membership of the board of trustees but would be exposed to potential violating the law and I remind you that it is first offense a misdemeanor and second offense a Class D. felony I do want to close by telling you that. What we talk about senator Fulbright in specific I appreciate what senator garner Senator Clark brought forth as the bigger picture and I when I spoke of of. Senator Wallace and his service also thank. Senator garner for his service in Afghanistan and I will close with something Senator Clark shared with on Facebook this week. It was a quote from George Orwell. In the from nineteen eighty four he said. Every record has been destroyed or falsified every book re rewritten every picture repainted every statue street and building renamed every date altered in the process continues day by day nothing exists except an endless present in which the party is always right so I appreciate you coming today I hope you take into serious consideration what we discussed thank you thank you Mr all right. Thank you members of any final comments before we move to the next agenda no all right thanks for your time thank you senator for all your comments. You might you may want to just stay there Dr Bobbitt I think you're still on the next item agenda Adam F.. Thank you chancellor Steinmetz for being here. Some members we have doctor Bobbitt and doctor Cochran vice president division of agriculture that will be discussing the University of Arkansas land agreement. And I'd be happy for any of you that would like to. Our two new presenters if you state your name and your position for the record then we will move forward. I'm up mark Cochran in a service of ice present for agriculture in the universe of Arkansas System. I'm joined Baxian I served as general counsel to the university of Arkansas system all right. If you have any comments before we move forward sure I'd like to provide a little bit of background if I if I could off of it so I want to state that we're working through a process that to address the future management of our country research stations in St Francis County I want to remind you all that we have a contract to sell portion of the station that was subject to receiving a congressional waiver on a deed restriction that we had I was executed prior to the session we also prior to the session upon suggestion we worked out sales of it amid amendment to our sales contract between the buyers and the division of agriculture the buyers and the Division signed amendment two of the to the contract agree not to move forward with the sale give the state a chance to come up with the money to buy the property until the. June thirtieth of at that time. We're mindful of the legislation it been passed during this session we're working through a process then discussing the next steps for including the legislation including the interest of our fires and the other arrangements the have there so she had with the management the property. Working for to finish this process with the goal complete in the next couple of weeks. The part of the process is the negotiation of our arrangement with of the Arkansas game and fish remain dedicated to to up of allowing honey permits to continue we're trying to negotiate a short term agreement which will give us time to look at the things that are in this bill and adjust the management plans that we have as well as to to address the The New of public use activities that are in contained in their legislation. The draft proposed agreement that is still being negotiated in included on attempt to try to address some of the concerns that in our negotiations game fish had had the indicated in terms of of making sure that if there would be any particular transfer that the assurances of if any other parties would allow the permits that they would issue this summer to go forward with this the short term agreement we're trying to cover up until the the end is December of this year it also allow us more time to negotiate of on the other items that we have that are that are engaged in in the management plan we were actually over with game and fish in the forestry commission at the Pinetree station on Friday looking forward as to what it is that we could work on a number of the the issues that we have on management and how that would dovetail with our research plans and and the management the portion of the property that we would to maintain. As discussed the code we of we'll be drafting a letter Senator Caldwell as we work through this process and we have of the the items more mature at this particular time. Thank you. All right members you think senator Call will you if your mac only ready share. All right here we go thank you Mr members of four five questions. Of on the contract that you have it does refer to the deed restriction of that you have to get a waiver from the the of the U. S. Congress the in August of twenty twenty the US senator John Bolton Bozeman was quoted in the Force two newspaper that sales not will take place. the he's told me face to face as recently as this past Friday that this waiver has to come before the Agra Committee in the Senate the answer USDA and he don't bring it up for a vote. Now with that being said what is the the end date of your contract to buy sell agreement with local farms LLC. One is that contract expire. The existing the current amended contract there is one in place that changes at the end of I believe I am is it July first of this year the the one time out go into place after that we will continue to operate in good faith there's not a particular in date that I'm wine world if your contract in July first two twenty twenty and you have to laws out here they've been passed this past session would you extend the contractor continue to try to sell the property in the State of Arkansas when these people sitting in this room ed eighty eight votes in the house represented in thirty one votes in the Senate why would you even try to extend the contract if the contract date runs out on July the first twenty twenty one. It's our position that we need to continue to work with the of Lobo farms in connection with this hi not to put the university in breach of that agreement if if your contract runs out on July one you're not in breach of your contract if you don't have an exemption from the State of Arkansas shooting from the US Congress you're not in violation of your contract in in addition to that you received a letter in October of twenty twenty from US for service should stating that they still have oversight over this property even after they the the extent title to the university because the deed restrictions says is land must be left open for the public and yet you failed to disclose it during the session when we were negotiating all this it came out after the session of the affected even the US Forest Service did want you to sell it in and said they basically would contest the cycle so you've got to US for service you've got center both was officer you've got the Arkansas legislature saying don't proceed with this contract and if you're going to sign an extension to it. Is that what you're telling me. The answer yes or no I believe that our obligation was committed prior to any legislation and we're trying to work through those issues related to the contract I understand with the legislation is house understand what the restrictions are and I understand also what the position or what has been communicated to and is working very well so you don't have a twenty game and fish and local farms near had local farms nine minutes until Friday before Memorial Day and you want to the agreement to start on Tuesday after Memorial Day on Monday is that a fact it yes Sir yes Sir yes tell everybody the truth only is that local farm name was not in any working agreement go ahead working papers in March it refers to the contract but never had local farms owners signatory I correct yes Sir it is correct however it was our understanding that there is a need for some assurance by the prospective buyers in this case we thought that it would be and Matt transparency to put the buyer in this particular case as part of this agreement obviously we can't make a commitment to game and fish knowing that there is this agreement out there and and this was certainly a way to make local farms a part of this and to provide game and fish the assurance that they wanted so that it could issue the hunting permits which we are trying to work through that issue and make that a possibility I and I thought that that was probably the most transparent way for us to accomplish what everybody was trying to achieve I thank the doctor most transparent because in their time and time again referred to from the sale of the property it basically executed deed on December thirty first of twenty twenty one. Or sooner and and you have to bills of passed by the Arkansas legislature should you can't do it and senator Bozeman has stated publicly that you're not going to get your waiver it blows my mind while you all continue to go on and stick your finger in the eye of the legislature. Yes Sir and and and and I hope you understand that as the high the party to a contract we do not know what position that local farmers will take we don't know whether or not they will take any action on this contract with your position is with regard to the legislature just now that the contract ends on July one twenty twenty and then you have to sign an extension that is in agreement that we have in place to allow the state in an agreement states that both parties have to agree to it and it does say that we will have to negotiate moving for state that both parties have to agree to the extension yes Sir yes Sir all you have to do said we don't agree to the extension. What part of no do you not understand. Thank you Mr chairman. Thank you senator. I have could I perhaps provide some clarification on that actually I'm chairing committee here okay. Senator garner. Thank you I listened carefully to language you are use in regard to the to now laws that were passed by the General Assembly use your mindful of it that you're paying attention to it. I wanna know clearly do you believe that you are have to fall that low with any kind of future relationship this forces property in a potential buyer with this law Love Lowery whatever's name is and anybody else do you believe that you are bound by that law and that that would prohibit you from transferred that property to this third. I understand what the legislation requires I also know with the contract requires I know what potential arguments that perhaps a buyer might answer regarding the legislation so from the perspective of the University of Arkansas is not to be in breach of the agreement and to as doctor Cochran said try to resolve this in a manner that works to the best interest of the university to the parties to the state of Arkansas and that has been our goal. Seems to me from what's your answer that you're asserting the contract superior two Arkansas law in a moving forward under the terms of the contract. In this regard to the Arkansas law is that correct yes Sir I think that what I'm saying is that we understand that there is a law out there we also understand that there is a contract and that at some point in time it may be a court of law that will make a ruling on this issue and we are making our best efforts to position ourselves or to do what we need to do in order to protect the interest of the university are you all make in Amendment eighty eight claim that the General Assembly doesn't have the authority to enact this law. I Amendment thirty three I'm I'm I'm assuming you meant Amendment thirty three as opposed to eighty eight but is managed care a health thing bills yes I would say that there are other provisions of the contract to the constitution that might also I have provide a court to mother and manner of looking at this for instance if you looked at article two section seventeen of the constitution prohibits any law that impairs a contract and so I believe that it is possible that a even in this case Lobo might assert that possibility so that that is a possibility that the cost of right there that's what I want here so it sounds like to me despite your answer I think you gave a thorough answer that your moving forward under the terms this contract and that this will eventually find itself in court and you're trying to a certain Amendment thirty three in other legal claims is that incorrect I think that's incorrect I think that what we are looking as though is the way to resolve this matter but we also recognize that the situation that we're currently and we have a contract that is considered could could be considered valid by a court we have a buyer and who could have buyer that could also force or move to enforce it and so we are not asserting anything in terms of what position were taking or what Hey we're trying to best protect protect the university protect the state of Arkansas at this point in time thank you Sir June June thirtieth is acute febrile milestone in that so we're trying to work through this to where we don't get to that stage we're in discussions with their buyers we're trying to go through this process so so I guess I'm asking for some patience give us a few weeks to work through this and I think we can get this result. What you understand that if we have to sign a contract that the service them as part of the parties what's troubling to the General Assembly which sign to laws in circumvent that I understand you may be saying you're moving for because you need that agreement place once you're searched them as a party in a contract it further strengthened his position moving forward and that's troubling to General Assembly thank you Mr. Senator Johnson. Thank you Mr. A. Dr Robert I find it troubling that we spend a lot of time this morning on what appears to be the effort on the part of the University of Arkansas not to follow laws passed by the General Assembly and and I I was with senator Caldwell when he met with senator Bozeman on Friday and I have to tell you that that the timeline of this thing up if it were the way you described it it might be working in your favor but let me go back to a the timeline. The deed that you got the property in the first place had this provision that says you can't sell it has to remain open to the public has to be available. And so you if signed this contract with the idea we got this contract now we're gonna go to Congress and and get them to to waive it so we can go through with this sale now let me tell you how I could work you could have gone to Congress and said we'd like to sell this property and take the money and spend it all rights reserved and Congress could potentially have. Granted you that waiver. And then you could have entered into a contract with local farmers or anyone else but they didn't do that and the fact that you entered into a contract that was specifically specifically prefer bitten by the terms of the deed that you have it shows that you got to your thanks out order here and then when when the legislation passed this session earlier this year it pretty well said no you can't sell it period so to try to pull some ex post facto thing or saying that there's a contract in place in the legislature can't void a contract there was no legitimate contracted place because Congress had clearly said you can't do this in the original terms from for service to the university of Arkansas said you can't do that so yes you could have gotten a waiver from Congress you could got it first but you didn't and I'm sitting here thinking. I just want I thought things couldn't get crazier and and people couldn't be more air getting trying to push something you show up with this this latest change in the contract how do you respond to that Senator let let me provide a clarification here we started in this back in two thousand seventeen two thousand eighteen at that time the signals that came from the Senate ag committee where that they needed to know who the buyer was and what the intent on the use would be before they would consider a waiver so we were following through those instructions in that process that we had with the they were not in a position to give a blank waiver on any sale that would go through it was important to have those characteristics is we we work through and so that's the process that we we failed we were trying to pull a fast one we're trying to work with with the signals with the Congress on the process we have of same thing in terms of the US for service we've had conversations with US for services to what their role is and they they do what they have told us was very very different than what senator Caldwell said we had a phone call with them on March seventeenth they went through as to what their process was going to be with it in the signals that they gave us that we understood the process to go through and get a waiver off of it did times to Congress comes and ask them for an opinion when it comes to deciding about a waiver and they wanted to be prepared on what it is they could recommend support for the the father sale thank you to post a sale to be neutral in during that telephone conversation they told us at that time with what they knew they would be neutral on the sale so we're trying to work through these process I disagree with you that would be an Erica trying to proceed we're trying to look and see what the the the the the guidelines in the process should be in for all that through. I respectfully disagree that this is not air vents I believe that you're doing everything to thwart the will of the General Assembly and specifically as expressed but witnesses that came before the General Assembly and sitting right where you are the will of the people of that area of Eastern Arkansas the overwhelming will of the people in that area thank you Mr all right Senator Clark you're recognized The General Assembly of course is the duly elected representatives of the people the state of Arkansas and going back to our previous conversation. Of can you see. Hello all. The actions are being taken. Are causing. Pain and mental anguish for the legislature and therefore the people of the State of Arkansas of and that it seems to be being ignored of by the university of when you seem to have a great care for the pain of others. Senator Clark I am. I would say that we are trying to follow the process. That would. It here to the will of the people as evidenced by legislation passed by this group. At the same time existing in the legal environment that senator garner. Was was mentioning in which there is a valid contract and this is a Complicated situation but I trust that the individuals that are advising us that we can come to a successful resolution. I don't think you're feeling our pain thank you Mr. We do have a couple of others that you're here and I'm sorry I'm just saying numbers so. Let's go back to okay they just jammed out so I'll get senator call will remaining. Thank you Mister you talked about on the correct your own statement were you in fact the state you have a valid contract universities only group of people that think they have a valid contract and everyone else outside the university thank that you have an invalid contract for the simple reason that you did not have in place a waiver from the U. S. Congress to sell the and that is in the deed restriction so of people sitting on this side of the desk do not agree with you we thank you have an invalid contract you've you've operated with what we think is invalid contract and you all can speak your peace and claim if you've got a valid contract all you want to but everyone from attorney general's office through the the rear of Legislative Research in private attorneys and as specifically private real estate attorneys do not agree with you thank you. Represent value to hit that button Sir thank you. You know get when we get outside of this room I've talked to a lot of folks basically And senator call wells Arian in senator David up I spoke to a lot of folks up there in our. And this is a message that I'm getting from outside coming in. Too much bureaucracy too much bureaucracy and not enough people accountable for what's going on and there's things that are going on here that the people outside of this room. Do not agree with. That's all I have to say. Well I thank you all for being here today it and before you leave and you want to say of it you we have over the past eleven years I've said downturn advocated Barker. Asian of ag agriculture. Absolutely support what you do. We worked hard in many of these member sitting here have been some of your your best friends. And you know we find ourselves in a situation where there is a loud roar coming from the community. Coming from the legislature and apparently anybody that had any hopes of you getting a waiver that's not going to happen. It's so my last question is. Why do you persist. We're working through a process is a sale we're in hopes that we will get something here resolved in the next couple of weeks off. Okay I'm from Arkansas. You're wanting to get a resolution to do what. We're as I said we're working through so I mean in the make it more clear after all this. Your persisting to try to make your deal. Or you're going to stand down and and she's we're we're negotiating with the the it the parties to where we can move. Where we can we can meet the the the the the of the guidance it's coming from the laws with in the contract and how it is we we we okay. I'm gonna let your general counsel have that last word she was trying to she was trying to speak. I believe there's been a question about the validity of the contract obviously a court of law my route would be the final arbiter on that but what we can do is parties is to seek a way to untangle the contracts so there is no longer a contract out so that the buyer doesn't have a ride an action against the university so the broker doesn't have a right of action against the university so all the parties can walk away from what we believe is what is this agreement and so we are trying to do that I in a way that would allow this to be resolved. It in my to understand that that that is really the posture what you're trying to achieve is what you articulated their in also want to know are you going to be respectful of obviously the voices in the law. We understand what the law is we understand what the obstacles are we understand what the issues are and because of that I think that we are working very hard with everybody who is involved in this to seek a solution that will satisfy everybody okay well thank you very much I appreciate you for being run bring everybody on the same page so right we you know what I hope that results in and what the legislature and everyone else is trying to serve a cardboard heroes members were into the last couple of items on the agenda thank you for your patience has been very full we have Adam G. and H. left and I'd like to ask for any of these three people that are available Mr Allen lane Mr mat Lindsay and miss Judith Lossky if you're here. this is discussion of the VA hospital case and then that will take us a nice segue into another veterans issue on the property tax exemptions and the members it's our hope to progress B. Lee we do have a lot of folks on the agenda but we're not playing to be here all afternoon we're going to hope hopefully be done within the the noon hour here so if you would please state your name starting only either end here whoever is ready to go and you state your name for the record who you represent thank you Mr mat wins you would need you to need you to press got it thank you Matt Lindsey with the to law firm representing Judy McCloskey right. I'm Judy velocity all right Judy thank you and I'm Allen lane with the autumn Offerman fable Arkansas thank you all for being here you're recognized for your presentation. Thank you Mr chairman and members of these two committees we appreciate the time we know there's a full schedule and you have some other matters but we appreciate the senator garner asking us to be here to share with you what we believe to be a very important story investigation things going on in our veteran system of health the Ozarks and fail Arkansas. We're going to play a a video. Here first consorted give you the story of what happened in the pack of the materials that we provided you we provided you a copy of the full office inspector general's report on what happened concerning doctor levy in the fabled VA we were going to show you some video to about eleven minutes long captures some of the reporting of the story that I think tells you the story then of Judy will give you some thoughts and and share some information from from her view as the daughter of one of these veterans that was impacted by this mistreatment in care and lack of oversight and then we'll have some wrap up comments to take any questions Sir. Yes you're recognized. Several people are expected to testify at sentencing on Thursday including Judy. Her father's death is the only one for which we will be sentenced. Page after page showing the decorated life of their for staff sergeant J. R. Gates. Several people are expected to testify at sentencing on Thursday including Judy velocity her father's death is the only one for which we will be sentenced. Page after page showing the decorated life of their for staff sergeant J. R. Gion. Two bronze stars. Earned an air medal even after the Air Force he served in the police force stand with the American Legion he loved gravity loved Arkansas America you can tell in this old veterans day school project when gives talks about his time in the Gulf War over the death or disability nine of these flags in Iraq somewhere that during our missions I draw if there is a model for being a father he would earn that two came to every single. Band practice band practices he that his daughter Judy Lossky said his favorite role was grants that go to the park and identities and they go bowling he you know he can do no wrong. Twenty fourteen he was diagnosed with cancer but kids was a survivor he survived in desert storm desert shield survive when he was shot as it granted police detective this just didn't seem like it was something that could take him down ready to fight again treatment for the wrong type of cancer gets misdiagnosed twice by then the eighteenth at all just Dr Robert Leding. This newly released court documents says alleviating Nora colleagues warning to conduct more tests as health declined you know I heard him say and write it can really speak actually is is writing this but that he just had his telling nurses that I was getting married in November in each had a staff member so Judy and her husband injured change their wedding plans no big venue large crowd or father daughter dance also gives could still fulfill his duties as staff I think it's every little girl's. That. Get. So wanted that. He wanted. Gates died later that year Levi's problems continue court documents say in twenty sixteen he showed up to work drunk and help do a biopsy on patients he was suspended but seven months later returned to work despite medical board records show his alcohol use disorder progressed from a moderate case to severe leaky Katz's job by signing this contracted rate constant monitoring but he found a way around it with a substance called to and to be it's undetectable on standard testing you can see in this video from his arrest it has a facts similar to alcohol the sentencing memorandum says Leding misdiagnosed seven more people in twenty seventeen alone Pulaski thinks about it frequently she's had two more children since kids that both times. It just feels like I can't really enjoyed to the fullest because I feel like they're missing out and so is kids being grandfather was another badge of honor but perhaps he left us a glimpse of what he would have taught them whatever I'm doing I give it my all could be a really good friend if I have a friend and you're my friend you will be my friend for life and I will do anything for you. Those qualities won't be forgotten. And. Trustworthy very loyal. Dedicated. Thank. I filed a number of freedom of information act request to find out how Levi's issues at work for either missed or overlooked the and I've gone back and forth for over a year now to see timeline or fight for more information go to our website came to town tomorrow night at ten we'll go over more on what we found in our investigation. Is the more we found the fate of the A. was not tracking doctors performances as well as it should have been that's going to the office of the inspector general it is those same performance evaluations that pharmacologist Robert levy light on to stay employed but he wasn't fired despite years of issues so we looked at how the VA was reviewing his work without an evaluation of lease performance from late twenty seventeen it shows zero major discrepancies earning him financial bonuses but the indictment says he manipulated that reports and others that same year more reports surfaced of leading being impaired at work including claims he shut up to a meeting drowsy repeating nonsense words so Levi's work was reviewed again look at the new results listed on the same document and hand written notes five point three percent major discrepancies more than seven times the allowed threshold will be the valuations are the only ones to raise concerns the office of the inspector general says these reviews are essential to making sure that's receive quality care but twenty eighteen review shows the fate the VA was giving doctors privileges to practice medicine it facility without properly evaluating their work this happened in thirty percent of cases reviewed. Covered former failed be a chief of colleges Dr rock really is scheduled to be sentenced this week he pleaded guilty to one count of involuntary manslaughter and one count of mail fraud he's accused of going to work drunk in making dozens of misdiagnoses during his time at the VA he's also accused of forging calling signatures to hide those mistakes at least fifteen of patients misdiagnosed has since died please have has many calling for changes at the VA including congressman Steve Womack but through the freedom of information act we haven't been able to confirm levy has been part of any department level investigation. Don the choir in Vietnam. Your stories of you know and like with guns being shot at and then stopped to pick people up. He wrote in any point over all he he got his this problem is. Actually his son James was always like somebody that I could to stories from done mostly interesting you settle down in Eureka Springs opened our captain Johnson started bringing huge musical acts to the area. Then in two thousand nine he got sick myself and everyone around me with something. This was wrong. After biopsy he was given the all clear state of the a Dr Robert levy on this diagnosis. The mistake was because it was too late. Fire died in twenty sixteen and prostate cancer. He was originally charged with involuntary manslaughter and his death is a state it was a it was a calculated action by somebody who. Value their own places or whatever they had over but less people this case is not included out but more important to James is making sure this never happens again there's so many places that the VA could and should have stopped this from happening not just my father but to every to everyone else anybody with any sense can see that that is a flawed system congressman Steve Womack of veteran itself has been searching for answers how is it possible that such an individual could sit in a timed out for a year and then come back and retain that supervisory position in September twenty nineteen thank you for the opportunity to speak before your committee he took his concerns to the committee on Veterans Affairs to call for change to either have a policy that that individual cannot go back in such a capacity or if so that there is a concrete oversight but is the oversight already in place even working it's only seventeen Congress created a VA office specifically to help address accountability issues so Womack asked the A. secretary Robert Wilkie if an accountability review was done as a result of levy's actions but freedom of information act request Loki's response shows levy's been a part of no internal investigation my father was right. There's there's not a situation or you get caught as a pilot drinking. Yeah sure people around. Right and. Doctors are the same people people's lives James is still trying to make sense of it all reading the loss of an American hero I hope I can. To get to his age. Number. Okay I understand raise the question we've heard a lot how can a doctor with no substance abuse issues be allowed to keep his job it's actually not that uncommon some studies suggest up to fifteen percent of doctors struggle with substance abuse Senate Maronites we'll take a look at how many Arkansas doctors have been punished for substance abuse and how their cases are handled by the state medical board. Availability a for an interview but got a written response instead he told us and so he has made some improvements since Leding was fired implemented new requirements for peer reviews increased oversight and monthly reporting a path ology services and embedded a quality control analyst for day oversights of accrediting body standard. Dozens of Arkansas doctors have used similar treatment programs to leading doctors go through treatment program and sign a contract with EMS so they can keep their medical license as long as they stay clean. All states have these programs the eighth I'll just Dr Robert levy went through a similar one in Mississippi because that's worth medical license came from so Mississippi officials gave levy on monitoring contracted advocated for him to return to work seven months after his original suspension D. A. N. I. estimates at least ten percent of physicians have substance abuse issues since twenty ten the Arkansas Medical Bartas discipline more than eighty medical professionals for substance abuse but the Arkansas medical foundation says this program has a ninety percent success rate thanks to long term monitoring since levy's medical license was through Mississippi his name doesn't appear on that list of eighty plus Arkansas medical professionals discipline by the state medical board. The office of the inspector general released new findings today on how Dr Robert levy caps his job levy was at all just to make thousands of errors while impaired at work resulting in multiple that he's now serving a twenty year sentence for manslaughter fights questions remain about how he kept his job for so long despite years of alcohol abuse inspector general's office released a one hundred page report outlining failures and all. Appreciate your patience and and reviewing some of this video with us without that be the best way to kind of tell the story given our time I'd like to go ahead and turn it over to Mr Lossky to make some comments to the committee members. I think the video shared a lot of my story but I I have a just a short prepared It's part of my story I'd like to share so I'm not I'm not sure that they're or another words of the right words to express of the ongoing sadness emptiness and loss that I feel on a regular basis regarding the untimely death of my father. Like the video stated he was a very supportive father stand up community member in the epitome of what it means to be a patriotic American one doctor levy was sentenced to prison my family I felt some measure of justice had been served now however after learning the full story of how the veterans minister administration's own toxic culture and failures of oversight had created the opportunities that allow Dr levy to make those misdiagnosis as for thousands of veterans my family and I are now forced to live in the United here. So the ways that my father's that has affected me personally are immeasurable innumerable an on going I don't believe that I'll ever really be able to celebrate happy a momentous occasions fully for the rest of my life always feel like something's missing because I only had twenty five short years with my father. what happened to my father is not only a huge injustice to my family but in an unimaginable dereliction of duty by the veterans administration my sincere hope in continuing to share the story of what happened to my dad and thousands of fellow veterans at the hands of the VA is one is that one day soon the ongoing disregard for health and well being of our veterans at the hands of the VA will stop thank you. Right well we've we've definitely thank you for sharing the information and some of us have read some of the report and and we're very sorry for your loss and appreciate to service your father gave the nation very very sorry and in fact troubled by everything it to we've we're learning about the case so thank you for being courageous in coming to share with us today Senator Garner. Thank you chairman I appreciate your common brings issue for me knowing my better myself my dad the veteran who goes to be a all time he went to his covert shot not too long ago. We got to make sure this kind of thing doesn't happen Arkansas again. The biggest issue that we have state legislators faces that this is the federal Veterans Affairs. What can we do is a state or legislator to make sure this kind of thing is accountable that we prevent this from happening the future and what suggestions would you give on that matter. Thank you for the question senator garner up the connection to this committee in the in the members in this room is this. And you're gonna hear from on the agenda of the Arkansas Department of Veterans Affairs all right behind us there is an Arkansas department of Veterans Affairs. They are a fine group. They operate to nursing homes in the state of Arkansas one unstable Arkansas one in North Little Rock Arkansas. There are other programs that the state owns and operates to provide health care to me to citizens of Arkansas and to veterans of Arkansas this story this portion of the story we're trying to share with you is about oversight the lack of oversight. It's it's our belief that the committee members in this room have a duty of oversight for the state agencies and departments that provide care to our veterans at these nursing homes and to other members of the of the public in Arkansas that the receive care from state owned facilities we're simply here to try and raise awareness to offer you some encouragement to ensure. That the state veteran run nursing homes of the state nursing homes that serve our veterans have proper oversight have quality measures in place that are continuously reviewed. And we believe and hope that the members in this room we'll take that duty and obligation seriously and will help the men and women in the leadership of those two nursing homes and the Arkansas department of Veterans Affairs who I know believe in their mission and who I know believe they are trying to carry out their mission for the well being and safety of our veterans but they need help they need oversight they need a group of people disinterested not a part of their organization that is asking the questions and so that's what we bring this and we offer the opportunity to to provide some awareness on what happened the fable the quick follow up what's the status of the legal case right now I know that you all filed suits and was quicker and the response from the federal government and the VA of that nature. We represent of eight families some veterans that are still like to live a life in in several states they're involved and and what is a federal tort claims act it's a federal tort claim process but none of these cases have been resolved there have been some others that have been resolved we are hopeful that obviously of these claims will be resolved but there pending that's what I would tell you senator Graham your well I know some I use. Went back and forth with attorneys over tort claims and things like that I think this is a. Perfect action for when toward is using the proper fashion and if there's anybody in our constituency who may have been treated by this that would make you have picked up on yet to be something we could do as well so thank you for endorsed Mr all right representative Mayberry. Thank you thank you Mr chair what is the role of the Arkansas medical board in all of this do they have any oversight whatsoever can we make oversight to they know about this. I think the Arkansas State Medical Board plays an oversight role I mean I think that is their role with state licensed physicians and I think they took to my belief they have an opportunity it when complaints are made or or investigations occur that dealing with with state licensed physicians they have an opportunity to discipline them seek treatment help them through treatment protocols things of that nature but I think what this story illustrates is that there are physicians practicing within our borders that are not Arkansas licensed and and and are not within perhaps the purview of the Arkansas State Medical Board I hope that answers your question. interesting members any other questions for this group the panel. Seeing them we do thank you obviously again for being here and I do wanna give credit where credit's due as well and noticed that some of that had to the work congressman Womack and obviously we appreciate him for taking up that that calls both wished Arkansas and for all that our engine one make sure to to give that credit where it's due we thank all of you for being here and I'm sure that we'll hear more about this and determined as representative Mayberry said how we can do more from the state to just ensure that there are no gaps and in monitoring situations like this so thank you very much anything further yes all right appreciate you for being here Mr your term thank you very much all right members we are to the last portion of the agenda and I do have shorter groups of individuals that are going to present I first like to ask Mister Mike Brooks founder president of we are the twenty two if you would come and then I've got I think three different groups of of people be coming in. Special Brooks is good to see you again Sir and Appreciate you for being here and if you would just for the purpose of those that are are watching would you please state your name and who you represent record. Less Michael broke some the founder and president of a nonprofit organization and cycle where the twenty two. All right Sir and you're recognized for your comments. Of senator garner asked me to come here to discuss the property tax issue for concerning veterans who are one hundred percent full and permanent disabled in the VA healthcare system of that this issue is actually affected me recently and organization I work with veterans we've been contacted by multiple returns and I have heard that this is affecting them as well in my own case just so you understand how my injuries from combat are full and permanent I look fine I was lucky enough to have my limbs thank goodness but through the course of my combat experience in Iraq did receive of multiple injuries to include retain shrapnel left hip which is still there a written all right shoulder out of socket and it's a really enhances seventy something I do address wildlife of soft tissue damage inside me but more importantly I have a traumatic brain injury that resulted in seizures those seizures will not go away and they make me unemployable by the federal government that will not change I will have to take medication for that for the rest of my life employers will not insure me because of this because of the the seizure than I would be able to sue them if I got injured and during the seizure possibly so that said I am permanently disabled this will not change and every single year I have to go and have to tell this state that I am permanently disabled doesn't it make sense to me it doesn't make sense to a lot of the other people David Carnahan with the congressman French hill's office tell me there's only about twenty two hundred of us with this designation in the state of Arkansas as there's not a whole lot of us to get this permanent status. Last year when code have been building sixty five over four ridge road normally go get the documentation that I need to verify of permanent status was closed actually began an email long email conversation with Jean Jenkins who is the believe that county treasurer for Pulaski County back in December of again this email chain with her trying to decide to figure out which of items of paperwork that I needed to get into her and again trying to do that over the course of a blue is December to April working with her office I would ask her will form I would need to tell me the form I would need a contact national of get that form should say she needed another form this drug on insulin of having to pay a property tax and I'm not the only one this affected No Code kind of affect everything in a in a round about way but but this is something that I feel like I should have to prove anyone every single year now my status was to change perhaps I should let you guys know of course that status is probably never going to change you know get this status very easily it's for a lot of veterans any veteran as they can tell you a lot of times it's a struggle to get the status you have to have injuries that are deemed permanently disabling so that's why I'm out on this I'm kind of speaking for the veterans have come to my been brought to my attention who also struggle during this time and ended up having to pay this property tax you know this benefit is something we've learned I believe earned it with my health and the loss of my health and I don't see why I have to prove this every single year so anything we can do to address that would be greatly appreciated. All right members Sir Garner see your chime in with members have a question please let us know which senator garner. Thank you thank you Michael So from your discussion it seem like the biggest issue had was both the confusion of what you're supposed to do and that finding out in the long process how that would work could you sound like you actively tried to remedy the issue but that you either again to get the right document down you couldn't figure out what to do and it pulled me let you get in that property tax something that exemption for you that should be a normal part process that correct absolutely yes I did I do believe I did not for diligence diligence in this and I think that's the the real big crux of this issue because president of five had a bill to kind of dresses last session that turned into ISP I've heard from veterans like you who want to do the right thing what we need to change law or we don't have to do it is a separate question which I'm more happy doing it what we're confused on how it works so I think for everybody else listening that is the crux I want you to lay out exactly what is required Senate for the veterans here how you doing in your office and and we can see about if we need to change legislation before to make it easier is anything that you think wouldn't if I could change law which I can't till twenty twenty two soon to get reelected that you would change the law to make it so that people like you don't have to go through this process absolutely so I believe that have once once you've determined my suggestion Senator thank you would be to to once we've desist established and the are are permanently disabled status with the state of Arkansas up of personally believe that that should stay and I believe that if that status was ever to change which it does not change very often it really takes some pretty much miraculous recovery well I almost literally to a change of status doesn't happen all the time but I believe in those instances we should be obligated to to report that and if we didn't know that that would be on us but it doesn't happen very often it will not in my lifetime happen to me. The so I don't understand why for the rest of my life I have to jump through Hendren hoops just to get this benefit that I believe of aren't so and that's all I feel a way I feel and I feel like to which were permit we should be permit if that status is changed the proof of that is on us to provide to the state thank you. All right members any other questions first Brooks. Mr Brooks we appreciate you being here for your presentation thank you thank you senator before a bring up the others I do want to go ahead and allow we have a sign in here and I think it it fits very well with what Mr Brooks said bill to its Hary is it is it com proved in my getting that right are you still in the room. Very and you're the state commander for disabled American veterans is that right. And so I wanted to go ahead and let you if you would if you have some comments I think it would be good and then we'll get into a lot of technical issues that are coming here with presenters afterwards so if you would state your full name and who you represent for the record sure that would be great. my name is sherry Concord I'm retired Air Force twenty four years of a hundred percent also total and permanent disabled in that in the in the past commander of the chapter twenty seven Russellville Arkansas and I took over Saturday as the state commander for the disabled American veterans here in Russellville in the state of Arkansas. A. One of the things on the bill and I look at the bill I hopefully that you guys are when you're looking at this you're talking about property and personal tax even though you just mentioned property both property and personal tax falls under this hundred percent. A total and permanent disability but I did not see it in that the H. R. fifteen hundred that was. That I had a copy of a copy of. A. I'm pretty much in a in a lot of the agreement with what was just spoken in the sense that the once you file the hundred percent total and permanent that it should be sufficient and it should be on the responsibility on the veteran if that status changes a no one of the and just to let you know we do claims out there in Russellville every day we do probably four hundred claims a year and helping veterans from all over the state of Arkansas we've even had some come to our chapter from Oklahoma. A. And one of the things I see in the bill look like they're trying to put some responsibility on the county collectors to keep up with this information a I have had no in the time that I've had this disability I've had no problem with the VA sending me that letter every year and I just as a matter of take it down to the county collector and it's recorded there in that so I think one of the areas that comes on veterans is when veterans try to increase. Their disability rating and sometimes they don't realize that when they go back to that the eight in ask for increasing or disability rating that the VA can take a look at the whole thing and I think that sometimes were where that happens But. From our standpoint the D. A. V. E. we will you know we would if we would be in agreement what the one year with a one year deal one time deal and and let it be and then fall at the responsibility but like I say for the D. A. V. and I know that you know challenge here from the at the end she could highlight more on on the on the subject of the claims but we don't see the results lot or we don't to get into when someone has an issue or their disability rating has changed in the seven years that I've been doing claims I've only had one that turned come to us and say Hey could you help us get that readjusted and that was pretty much just an error on the VA part day forgot the leaves they forgot to put the permanent total on his letter and so it was corrected that way but We're I think for us it's just do the one year or the one time and then the the the responsibility on the veterans to keep it up of the staff but again like I I like I say we don't we don't see that side of the where there's been a change some changes in the I know that the Mr Chandler see that quite often and she is here yeah so we're going to have come not enter any questions if you have any thoughts or comments but the. that would be the only thing on the bill as a make sure that they that's include property and personal tax in the I guess you drop down to section one number three we would agree with that statement J. well thank you very much for being here members any questions for Mr conferee. Seeing none thank you very much for your service and also for sharing your new role and same for Mister Brooks and every other person and if Sir we appreciate you being here today thank you Sir all right do it this point I'm going to take the different groupings of individuals I want to I'm sorry. we uh we've got several we got Veterans Affairs the collectors as well as the FNA and I've got four actually want to take the biggest group first of the four with the I guess to be Josh Curtis Theresa Smith Rebecca Talbert Dever Buckner and I think you're going to add a seat for you here if all of you are available. Thank you very much and just ask as you saying throughout the day if you just quickly state your name and who you represent the record will get started okay we'll just go online thank you Mr chairman and committee for the opportunity to discuss this issue my name's Josh Curtis award for the association of Arkansas counties also represent the collectors association okay. Yes. My name is Rebecca Talbert and I am the growing county tax collector's. I'm Deborah Buckner on the Pulaski County treasurer and tax collector and also the vice president the collectors association or thank you. Tracy Smith Baxter County tax collector and by the second vice president of the collectors association thank you for being here I'll come kick this off can I'm saying how we got here representative five Charlene Fite thought of bills blue late last year pre filed a bill we called her we talked to her Mr Chandler discuss some issues with the bill with her she decided to drop it we developed a working group with the collectors association to discuss some of the issues some some rare issues if you will she wrote another bill we worked with her in another bill we got input since of course when you filed the we think we've got a good bill until you file and I'm sure all of you are aware that we got a lot of push back on that bill from other groups and we talk with represent five and she thought it would be the appropriate measure to put that thing in the ISP so that's that's why we're here as soon as session was over with we had a collectors association meeting up in Jonesborough believe and we developed a D. A. V. Board to discuss this issue soon as we speak we could even have met yes we did we were trying to work on a meeting time and we had a call from your staff the bill or to discuss this issue so we've been talking about this issue discussing this issue I thought we're going to go after Rep or missed you know Chandler because she had some ideas and she could get into some technical things but I'm gonna let our collectors talk about it talk about how the process works I think the last disabled veteran discussed he didn't have an issue miss Buckner will talk about a senator that she's spoken with that a hasn't had an issue I think some occurrences are rare yes total permanent when you read sentences totalling permanent that's what you think it means. But as a yearly assessment for that veteran so we're trying to work through that miss Buckner has a disabled husband who receives that exemption but I'm on the first let her talk about that and we'll be happy to answer any questions right thank you. Thank you committee for your patience to stay with the sole after lunch I to cater to defend unknown would have been this long yes we could have asked the department of health good me. I'm sorry I don't mean is just there not even a year that is that it all is just a little levity for today let me thank you. I'll start by saying that this is my twenty first year is the treasurer and tax collector and delays the county is been my great honor and my greater honor is to be the wife of a navy veteran pilot who's a victim of Agent Orange you ten years ago was given ninety days to live into the grace of god we still have him with us however he's quite diminishing capacity from his. Long service in Vietnam and so I work through this without as much emotion and B. as professionals I can be because that's the role in here to do is not to put pressure on your heart but to tell you the dilemma that we find ourselves in this collectors. When my husband was diagnosed gena Chandler happen to be the person at the VA that Senator vixen as commissar representative Vic Snyder from abortion sure Veterans Affairs at the time Gathas with immediately because they wanted my husband you know before he died that he was going to be given this despite disability award which means something for the spouses in the family's. Engine to work through that pretty quickly our behalf and thank god he's with the still today my husband we are in the bonus days for sure. I want to say that. In my office we have a veteran tribute area about posters we bought flags we've done everything we can think of to honor veterans I think there's at some level a loss of patriotism we found in our country It seems like the US is that war sometimes but the public's not at war we're not. Supporting the veterans we certainly didn't have that in their terms of the Vietnam veterans is some of you are no I'm so proud that we have more of that today in a corporate way. In my office and duties as the R. collector portion of my job what we are required to do I is received the annual letter. And I stress annual because the language is confusing. This is total and permanent what we learn is and what I compadre from Baxter County council will tell you. Unfortunately Mr Jammeh really explain in more detail seat she works on this literally night and day. Is it often is not permanent total it's a one year tax exempt status my husband will never go back to anything below that because of his age and disability but we have so many of the younger veterans that come in that they do get some level of recovery or whatever so we're not the medical people we are the people on the frontline shaking hands and saying those veterans and wishing wishing that we had something that we could guarantee them because our letter says permanent total but the interpretation of the law is it's in our or the statements is an annual letter. An ambulance to county we ask for one letter one piece of paper and that is the summary of benefits letter that's the only thing we don't want anything with hippa we don't want to know what your disability is sometimes a veterans are too generous they bring in all their paperwork and reading things we don't want to know nor do we want to copy or have them FLIR for goodness sakes so from that perspective. What I can say is this I hear today in the collector for over twenty eight hundred disabled veterans MPLS the county we reach out to those people we write those people we tax them we call them we write letters what I've actually gone to visit some other them. And again it doesn't limit itself to the veteran we're dealing with surviving spouse's we're dealing with surviving children that may be a better way to a nursing home it isn't always just the veteran and many of our veterans their disability is not visible there are memory issues there are multiple things that calls and a challenge for them. In Arkansas you all know we tax one year in arrears. That creates all kind of confusion on well Hey I got a look letter January of twenty one what years tax exempt. The interpretation is that the tax year this exempted is the year of the letter is written for example a twenty one letter that we the federal government and I think discount or support this issues a letter summary benefits every January to every veteran. Area not in Arkansas all veterans those are the one page letters that are needed to give us the authority we're waiving taxes that go to the schools and cities so we take it seriously their service their eligibility and the fact that we're writing off taxes that would ultimately go to schools so that one page that one letter is all that we have to give us the authority we don't have the authority to waive taxes nor do we want it we want to give the benefit to the people who have it coming to them by the statement of the one letter and I certainly heard the two gentlemen before and I respect them what I have to say about that is. There are times of confusion that are can be made clear. And there are times that they cannot be made clear Mr channel support that in a in a more factual way we. Seek an opportunity to. Come together as the board as the collectors with the way that does not give a one year one time letter because from what our instructions are from the Arkansas department of Veterans Affairs is. A letter does not take here of a futures of window. People don't tell us when the veteran passes away people don't tell us when there's a change in their status we get one letter once a year that gives us an annual authority to do attacks waving it is a challenging and confusing to many process and we appreciate the discussion thank you as for bringing this forward there's not a one size fits all anymore than there is a one size fits all for all veterans so course will answer questions and I will state to the committee. The gentleman that spoke first I am his tax collector we actually had one email exchange with the gentleman in March of twenty one this year and I will visit with him privately in the hallway I miss changing can see mentioned her name she's been RT at the specialist for fifteen years. And apparently there was a some level of unpleasantness that exchange there with some lack of understanding we will rectify an attempt to read we will attempt to rectify with the gentleman out what the requirements are but perhaps our and documentation of the story that he presented from a data standpoint is not exactly what our record reflect but we want every veteran who has any benefit to get it and the gentleman who spoke about the property taxes I actually was helpful in promoting the idea that we pro rate. We didn't use our pro right in Arkansas for veterans sold a home in June or August or whatever both his personal property is cars is our visas vehicles motorcycles all of those things they didn't even get the benefit of it for a portion of the year but I came to this body get testimony about that so now we pro rate statewide to give the veteran veteran that benefit they can use to have we're veteran advocates. But we are hamstrung by some of the things that were presented with and I thank you. Right represent Bentley has come out. Thank you guys for being here appear at the front. Sorry and I can around I'm sure that all of my colleagues are busy with their collectors there in their districts and different things but I know the sum of money being concerned because unfortunately we live in a day and age where some people will abuse the status of a veteran some family members to try to get them on their property tax in their personal property specially under vision so not have to pay those so I know that we need a clear and concise format so that everything that we want to help or bridges but we don't want it to be abused as well not he puts them I know but all of you ladies in your office is in the best situation so we were made things clear concise so there's not that happening as well so thank you for coming today we're we're behind you and what we appreciate the conversation thank you. Right any further comments or from anyone else on the committee excuse me the panel. I do have senator garner here if you if anyone has a question please chime in you're recognized so I and when the counties that just this year had someone who had been permanent and total disabled lose it and so just like Pulaski County we start sending letters out of the very beginning of the year to our veterans we I have over five hundred seven five hundred over five hundred thirty better veterans in Baxter County and so just like Pulaski County we reach out to those veterans I have one person who takes care of them and she works hand in hand with them and so when she reached out to this one better and he said I have been healed I am no longer and disable so I will no longer get the benefit and so it does happen and it happened in my county a year and a half ago as well and so I know it's not often that we are very blessed one or better is actually. Get healed and they don't no longer are permanent until disable so it can happen in so like everybody saying it looks like it means total and permanent. But it's not total and permanent for ever according to what we have seen. Thank you again for letting us be here. Chairman I have one other comment to make about that and some of the confusion lies with the way other states handle this exemption I've talked to the county judge in Miller county who is formally the collector down there and they have people that move across the road and it changes the process changes so that's that's an issue and I think Mr Chandler we'll discuss some of the issues from state to state. Okay. You're recognized we used to try and go through the newspaper all the time to fight look at the obituaries because unfortunately at some point in time we will all be in there. But the newspapers don't run the obituaries there's not that that's notices in there anymore like they used to be and it's also hard to get a copy of the newspaper. our local newspapers gone to iPads only so printing out anything or doing stuff like that is more difficult so trying to and like I said it's an option whether they printed or not so if they choose to not have it in there then we don't get notified so we don't know. During. Senator garner thank you have a question Sir Sir if you don't mind first go back to the letter for showing the exemption the law in two thousand ten attorney general's opinions say that that is on certain on whether it's yearly or you need one letter is their uniform policy or Cross County collectors when it comes to this with the unity yearly or one letter confides. Speaking for all the collectors which by the way we have twenty six their share of collectors so it's not all just pure collector of. The instructions we have had forever for. Arkansas department Veterans Affairs is a one year if the title of the letters summary of benefits letter it's a one page document that's the second question I have because read the law you said a summary of benefit would be a sufficient letter and I would argue that is that the only letter they can use the law doesn't determine whether use that letter not actually says long as you meet can show the criteria from the department of Veterans affair that should be sufficient so is a requirement that you get this one letter or any letter that can meet those requirements be be done we've been instructed to ask for this one because it is issued every year federally to the veteran in January and we've been very successful to if the veteran for whatever reason can't find it or says he didn't get it or maybe he's going to a nursing home his wife's looking for it Senator business office for hills office. All of the all the folks that work and then in the counties there veteran affairs officers who also can seek out the letter on behalf of the veterans so it's generally not a challenge to get it in fact Senator English was going to be your she's one of my customers to place the county and her husband forces eligible and she has basically said you know we we get a letter every year we mail it to your email at you mail back your tax exempt it's a simple process so that's been the uniform standards statewide in counties to use that one piece of paper okay that's interesting because a law doesn't specify that particular letters to something you'll do is a good practice law doesn't specify ways annual not your major on good practice based on what department that Affairs I think I think that's the critical issue is that the law as written is to oversee broad in the discussion should be and I think that's represent five trying doing was to clarify with you department better affairs and all the parties involved so was a uniformed easily understood process putting the law and I'd like to hear what discussions we ought to vote for Moore uniform standard and whether a one time letter could be sufficient assuming we had protections on the backside of it maybe some kind of reporting system to you so you know when a veteran loses status or if the veteran passes away and wife happened what's what's kind of the current status of your discussions also with the push back again on the bill before like a year that. The the push back was a lot of the surviving spouses you know if the veteran passed away we've alluded to veteran going nursing home can't get the letter and child dependent child we'll be eligible if the circuit the veteran passed away so we needed some sort of record I like miss Talbert said those news those inventories are in the newspaper anymore going back to your first question Senator Garner represent or I know we keep talking about Janet Janet because we had a word that we're without using to go first but she one problem with that because Oklahoma had a one time letter and their legislature found out there is that some fraud going to represent Bentley's point and they made it worse the state was the one that and I'm I'm hoping clothing right to the states one that determined you get this and they work with the locals about that so how fox spent on those issues when she's up there thank you Mr. Right of representative right. Thank you Mr chairman no I just wanted this Dever censuses of federal letter is that right. Okay you know one thing within that letter it just mentions taxes does it does it mentions the previous years assessment or does it just mentioned the taxes that are owed for that year actually it doesn't refer to taxes what it tells us is it when it says summary of benefits letter it's saying the veteran is this percentage disabled and a few other criteria that the veterans administration's federally is giving a statement of eligible benefits how much money they may receive monthly that type thing it doesn't reference taxes are instructions again from that Arkansas Veterans Affairs office is that's the letter that says yes they are eligible for tax exemption that's why that's the one page that we've been instructed to receive documents certified partial level document everything it doesn't say anything about taxes that something that comes from another at direct directive that we have so that federal letter this issued annually re certifies to the veteran whether or not they're still eligible. Or the surviving spouse is still eligible for surviving spouse benefits okay follows please Sir yes Sir ever let me ask you this if you had something from from the state from from us here and let's just say this inside that letter that you that you gave us as a collector each year. Let's just say that that letter mentions the legality of this a surviving spouse and also their children. And a little bit more direction of what we would need to do far the one hundred percent disability is it is there I'm asking you just ever is there anything out there is for is how much. Disability percentage that has to be within that are or is it anything that mentions that I could give you my experience on that but when Mr hammer comes to testify she will be the accurate source on those types of things okay rather not go with my experience for the go with the current fax them right. Thank you very much well is there any further comments before we move on to the next presenters. We do appreciate your time your comments on all counts personal and professional thank you very much for bringing this to our attention thank you Mr chairman and committee of like to ask Mr Austin booth and miss Gina Chandler to come forward and then after they present we will finish with D. F. and a contingent. We are at twelve forty five everyone knows the time so. it would you like to have the FNA with you at all there. It was suggestion suggested by member that may help you I'm I'm really here to answer the questions and legalities on how to be a determines the benefits all right we got three of them so we just let you guys come in they will move for. One everybody I'm Austin dues on the chief staff and CFO for the Arkansas department of Veterans Affairs. Jean it's Hammer the assistant director of veteran services with the Arkansas department of Veterans Affairs thank you you're recognized okay so I guess a lot of confusion or cans into a veteran being a hundred percent permanent total and there that for the rest of the life under the ES thirty eight CFR code better already regulations which governs over the rating disabilities for veterans and three point nine five point B. states that and the only way that a rating is permanent is if if they have had the veteran as hell that for twenty years and then the BA cannot take it away from them no matter what they miraculously Health a lot of that turns in the State of Arkansas are hundred percent permanent total due to what's called an employability meaning there are eighty percent service connected but because they can't work they are paid at the hundred percent rate and a way that they they can be negated is that the veteran goes back to work if they go back to work they lose their hundred percent permanent total permanent total in nature for be a purposes only states that they do not have a future exam and that the likelihood of that disability will no longer get better that's when the permanent and total status is awarded and with mental health and if a patron is seventy percent or a hundred percent they will have a mandatory future exam that's written in and be a loss that they do not gain gain the permanent total disable a permanent total status and because of the likelihood of improvement the veteran and gets cancer of any sort they automatically get a six month review they are not permanent total I am by nature until they see the course of action so that's part of you know the permanent total status and why that translucent now anytime a veteran even if they are a hundred percent Perman total file another claim for a nother. Disability the VA has the right to look at all their disabilities and the likelihood of improvement and we at the Arkansas department actions affairs have goats in front of the VA for what are called proposal to reduce hearings the VA is proposing to reduce their status based on evidence that they have found when a veteran filed a claim therefore they can run the risk of losing their hundred percent permanent total status. That whole. I'm and welcome for any questions right senator garner you. At the Europe. Yes Sir so. It sounds like for the ones that are twenty years plus they will be personally disable the sounds if there other status that could be done in there is there any way do you think we could draft the law that for those that either won't lose it or very unlikely lose it that would be sufficient and create some kind of system where if they did lose that status not be automatic reporting from the to Arkansas department Veterans Affairs to the counties the kind of work reversed the burden from the veterans to the VA would that be a you understand the question I'm asking I do understand the question has been the problem is we do not represent every veteran in the state of Arkansas and lest we hold the power of attorney which DAB holds a majority Purple Heart and so forth so unless they there was a mechanism for them to come report to ask we are not allowed to see their information and the ones we do represent we can see their information we can access our records and we can notify the collectors and that's kind of what we've been doing over the past ten years is leading the collectors now yet they meet they meet eligibility or no they don't meet eligibility so for the ones are in your system you do provide a type of service to the correct okay thank you. All right if any I don't see any other questions for use or any other comments. Just that you know we. Want to make it as simple as possible for veterans ourselves we I mean that is my main job is to support the veterans of Arkansas and make sure that it is simple as as possible if if there is a way that we can sit down and discuss this language that coincides with the federal language and makes it a lot easier it makes everybody's job a lot and simpler regarding the staff all right thank you very much for being here Brigitte of last on the agenda of could have missed center call your Charlie Collins and Paul gearing. Members while they're taking their seats made mention very early in this meeting we will come back to the second Tuesday of the month starting in August we won't have one July because many will be attending SLC or the an ACL or other various entities out there so. B. August. All right if you would please state your name and your who you represent the record and we'll be glad to hear your comments good morning and thank you Mr chair Center collier I am the director assessment coordination division of DFA. Good morning Mr I'm sorry good afternoon Mr chairman all gearing with the FAA is Paul. Morning Mr chair Charlie Collins DFA commissioner revenue right thank you you're recognized. Thank you Mr chair I will start of DFA's put together a presentation to give an overview for the members of the committees okay with regards to the benefits that are available that are administered by the Revenue Division for purposes of license plates as well as for income tax exemptions this call you're with a city will also talk about the exemptions under Arkansas law for. Members of that are in the members of the military for property tax purposes but we'll start with on the motor vehicle side we have an under Arkansas law we have disabled veteran plates and that are available for our veterans that have been. I disabled we provide those plates for free concerts with Arkansas law a spouse may also obtain a Veteran plate and they also authorize those disabled veterans to park in disabled spots as you might also recall that we have a a special registration fee for hybrid electric vehicles those additional registration fees do not apply to those stable place. We also have special license plates under Arkansas law four members and veterans of the armed forces and as well as veterans. Those plates are available free of charge We also have an Arkansas gold star family license plate also free of charge those can be issued to an Arkansas resident spouse sibling or child or parent of a member of the armed forces of the United States that was killed in the conflict recognized by the department of defense. We also have a sales tax exemption for motor vehicles up for veterans for a vehicle that is purchased with financial aid that's receive from the veterans administration an official letter from the VA is required for that exemption. We also have a a veteran designation that is available for those that have an honorable or general under honorable conditions just charge that can be placed on the driver's license or other state ID. Certain documentation requirements existen Arkansas to get that special designation. a lot of what I have for you today we are or you party harder discussed but missed try to summarize as quickly as I can the exemption for the property tax for disabled veterans it is for the disabled veterans or surviving spouses in any minor dependent children the distinction is that it is an exemption of payment it is not an exemption of assessment veteran still assess their personal property to get their tags there homesteads and other up real property is appraised and assessed and put on the books just like everything else it is when they give the letter to the collector then the payment is what is exempted. the there is provisions for the preparation of a sale in a purchase of a home. on the death of the spouse or the better and then of course the spouse is eligible or any dependent minor children as long as the spouse remains unmarried. If the spouse remarries but then that marriage is terminated there are provisions that allow for them to receive that benefit again and that is also detailed out. the better and of course is to furnish that letter to the collector's office if the veteran has been is deceased and then of course the surviving spouse or minor dependent children would do so. Only a disabled veteran or spouse and surviving spouse and minor to pot he ended child of a disabled veteran who are citizens and residents of the state of Arkansas shall be eligible for this exemption that is in the code it is is so if if a veteran who actually resides in another state had a a secondary home here it would not be eligible there are provisions for violation of that in this in the statute and also any person claiming the tax exemption for DHBs is not authorized to receive the homestead credit which is authorized by twenty six twenty six eleven eighteen which is Amendment seventy nine homestead credit we wrote some different things in here to just for you to have for information they're exempt from the date that they would give the the form is that again on the payment any request by county what quorum court or whatever he wanted information to the collector is to provide that I did put together some things on some ram surrounding states that might be helpful to you in Texas if the veteran is a hundred percent disabled his homestead exempt applies to surviving spouse as long as they do not remarry and the property was their homestead and remains their homestead tat Texas does not tax personal property tangible personal property but some local jurisdictions may just found out this morning that Oklahoma may have changed some of theirs but as of when we looked for this they are exempt from sales tax in Oklahoma they the Oklahoma tax commission issues the disabled better proof eligibility for that a hundred percent disabled veterans and their surviving spouses are granted an exemption from all property tax on their homestead they or presented a qualifying letter to the county assessor and their own. Only once is what we want when we look this up but apparently they are looking into changing that in Missouri real property uses homestead by any prisoner of war or her percent disabled veteran is exempt Tennessee the applicant must have suffered a service connected disability that results in paraplegia permanent paralysis loss of two or more lambs legal blindness it must be their primary residence and anything over a hundred seventy five thousand is taxed Mississippi exempt from ad valorem taxes to motor vehicles owned by the disabled veteran in their spouse exempt from taxation the home state of disabled veterans not in excess of seventy five hundred assessed value and if they're sixty five or older it is exempt from taxation and Louisiana has a constitutional amendment which exempts ad valorem tax homestead of a hundred percent disabled veterans and their surviving spouses I hope that that helps you. With some of your questions right and then it finally Mr chair members of the committee will have a section on the exemptions for military pay and for retirement pay as a result of an act that would into effect in two thousand fourteen the service pay and allowances for active duty members of the armed forces are one hundred percent exempt in the state of Arkansas at the definition of what constitutes an active duty member of the armed forces as well as the armed forces is detailed in that slide. What's also important is that armed forces under our existing law does not include the military a dual status technicians the in a a the no a commissioned officer corps or the United States commission court the public health service. However we have a a broader a characterization of individuals that serve they are the armed services and so we do have is an exemption for members of the armed services in the state of Arkansas and their first nine thousand dollars in service pay or allowance is exempt and the armed services is a much broader definition which also includes and the Public Health Service as well as the no Commission officer corps. And as a result of legislation that was passed in the two thousand and seventeen session the retirement benefits for or the survivor benefits for members of the uniformed services are exempt from Arkansas income tax so and we'll have a definition as provided in the statute not to identify those members and their benefits that are exempt from income tax. And what's also noteworthy is that we do have an exemption for other retirement income an Arkansas a taxpayer may exempt the first six thousand dollars of their work of their non military were I'm sorry that in Arkansas a taxpayer may exempt the first six thousand dollars of retirement income but if the person is claiming the exemption for military retirement or they are not eligible to also clean the additional six thousand dollar exemption. So that's going to conclude the overview that we provided would be happy to answer any questions about the presentation or any other questions to committee might have. Current Senator Garner. Thank you Sir thank members for. Indulge me in this kind of technical aspect of it is a DF nice position at the letter must be provided to the county collector's every year. Four two. Prove permanent and total disability status. It is our understanding that that has been the interpretation is that they are that they received the letter and that they are to take the letter to the county collector in the state I believe it was Oklahoma where they only required once they're trying to change is there a reason why that they're changing that from your research I I do not know I was just told this morning when we got here that they were looking to change in that the research that we did said they only did it one time okay thank you. Right. Representative right thank you have less work yes Sir. It looks like the federal would make it a little bit easier on these County people with Assess situation where if. If give a man a woman a one in the military and have a surviving spouse. But that person remarries how OR that collector of that essential no. That that that person is remarried and that exemption would fall. Thank you represent of rye I do believe that that is part of the concerned that subtle specially the county officials have because they are trying to do their due diligence and give this to who everyone who qualifies however we know that time not every taxpayer is. Runcie and to tell you when they're status changes. All right. Members any last words we've had a very full day to day work very hard thank you for being here and we will be taking all this are consideration we're Jr thank you thank you.