Judiciary Committee- House

You on my screen so if you want to say anything raise your hand so we can see you up here to be recognized go ahead and push your button because. They can push the button and Ashley can push your button so you can be heard but for us to know that you want to speak you're gonna have to raise your hand the chair does see a quorum the very first bill that we have is house bill eighteen seventy. House Bill eighteen seventy. I see no one here due to run that bill will pass over it will call it one other time then we'll drop it to deferred house bill seventeen twenty four representing Gazaway representive Clowney you're recognized to present represented Gazaway he's. Amendment. Members they should be on your desk it will be house bill seventeen twenty four representing. You're recognized. You madam chair I'm so committee this is a bill that we brought a few weeks ago that dealt with you know sort of an attempt to deal with domestic violence that isn't physical I'm in particular this was about allowing judges to issue orders to prevent abusers from engaging in recalling course of control or disturbing the peace up on the Senate side they wanted to tighten up the language a little bit so they added at a moment over there that adds the phrase pattern of behavior and on reasonable to the definition of disturbing the peace just to make sure that that behavior is a little bit more predictable in an easily defined and so anyway that's all the amendment does I'm happy to try to answer any questions. Members are there any questions. Similar questions represent County you're recognized. that's all I got so I'm closed and I would appreciate a good vote on the concurrence. Is that a motion yes I will the Senate amendment members we have a motion to concur in the Senate amendment all in favor please say aye. Any opposed say no guys haven't we have concurred thank you. Representative Penzo you're up next with House Bill fifteen fifty four members is house bill fifteen fifty four you should have it on your desk. And represent Penzo you're recognized there is also a fiscal impact statement on your desk. Thank you madam chair of the Senate made an amendment to this of excluding class Y. felonies of was a little too expensive we work with prosecutors so we just amended on the Senate side to exclude Class Y. felony is from the drug charges section of the bill members you've heard the explanation of the Senate amendment or center any discussion. Representative Penzo you're recognized to close for the amendment okay we'll just create a good vote on this and I'm closed members senator of represented Penzo has closed on the Senate amendment what are the wishes of the committee we have a motion to concur in the Senate amendment is there any discussion all in favor of the motion please say aye. Any opposed motion carries we have concurred thank you representative. Representative Lundstrum you're recognized on house bill fifteen twenty five. Once again members that is on your desk House Bill fifteen twenty five. Representive Lundstrum you're recognized. Thank you chairman Dalby. I'm this simply adds to House Bill fifteen twenty five it is the transportation for medical marijuana it adds a license transporter so that in between a dispensary or cultivation facility and dispensary it is a person who is licensed to transport and carry marijuana between those two. Legal businesses. Members you've heard the explanation of the Senate amendment is there any questions any questions of representative Lundstrum. Seeing no questions representative you're recognized close for your amendment I'm close we appreciate a good vote members represent Lundstrum is close for the Senate amendment do I have I have a motion to concur in the Senate amendment is there any discussion. Seeing no discussion all in favor concurrence police say aye. Any opposed say no. Is haven't we have concurred thank you colleagues thank you for your time. Members we are now turning to our regular agenda Senate bill seven oh six is there anyone here to run Senate bill seven oh six. Anybody out in the hall to run Senate bill seven oh six. Members were moving down to Senate bill four seventy six is there anyone here to run senate bill four seventy six. Seeing no one to run that will drop back up or move back up to the top anybody who's anybody have to run House bills eighteen seventy. Saying no one will drop that bill to deferred. Once again anybody here to run Senate bill seven of six or Senate bill four seventy six. Okay represent college you're recognized to run senate bill four seventy six members that. Turn to that bill. Members we've been notified on Senate bill six thirty three that sponsors not running that bill so you can mark that one off your list let's turn our attention to Senate bill four seventy six representing you're recognized represent Collins. Okay thank you madam chair so this bill basically just deals with people who were evicted who were adversely impacted by failure to pay rent due to the pandemic. if five if someone it allows them to seal a court record under this regarding an action for eviction for non payment so it only lasts for the period beginning with the Emergency Clause and lasting until I believe it's our. Hundred and eighty days following the termination of the Emergency so that would be You know six months following the end of the Emergency and basically just gives people who have been affected due to the pandemic a little bit of leeway here and and assistance with regard to sealing the record. So with that happens at any questions. Members are there any questions of representative Collins. A Richey has and you weren't here to hear I can't pressure button but I see your green light up L. actually she's got you on so representative Hudson you're recognized for a question. Thank you madam chair and representative Collins I don't mean to put you on the spot so if you don't know just tell me is there any sort of procedure outlined or or anything envisioned in which there could be an objection to the sale so if the opposing party objects for some reason or wants to put on proof is there any opportunity for that. well it's upon a motion by the defendant to a court so you know the court would have the ability to receive any objections through that. Court process but beyond that I I can't really tell you. Represents slate you're recognized for a question. Thank you madam chair I'm kind of going to piggy back off representative puts is a little bit here that the. There's no word that the landlord for receiving notice of notice of the motion filed by the defendant or the tenant. Anywhere in this. So I mean the let me see here. I mean is that sorry I guess what what's the the question is whether or not there is a a notice requirement to the landlord this. And I'm sorry I'm just just picking up this bill here I'll do my best to answer on that yes Sir. Not to jump in but you might want to look at Page one. Line twenty eight up on a motion these parties would be involved in court already so that motion would have to be served on the other party am I correct lawyers. I do believe that's right yeah thank you for that it's in the court already that not answer the question I hate to jump in but I know you're just reading this but that's right in a legal proceeding a motion is then required to be served upon the opposed. That's right representative then started that that income thank you Sir. Right the. Okay. There's a slight did that answer your question or this generation thank you. Members are there any other questions. Seeing no other questions no one signed up to speak for or against a representative college recognized closed with bill arm close for the bill and I move to pass members represent because close for the bill is made a motion to do pass is there any discussion of the motion. All in favor please say aye. Any opposed say no the ayes. We have a no okay I'm sorry let's go back Is all all in favor us please all in favor we say aye aye All opposed please say no. Roll call. Representive Smith. Representive Smith. Representive Underwood. No. Representative Hudson. Yes representative McCollum. Yes representative Collins yes representative Richardson yes representive Cooper. Representative Cooper. Representive Clowney yes representative Slape. No representative Scott. Yes representative Crawford. No representative bearing. Representative Barry. Representative Gazaway. Representative Gazaway a representative Cavenaugh. No representative Richmond No representative necks no. Yes. Representative flowers. Yes representative Ferguson. Representative Ferguson. The bill is fail. Represent Ballinger. You're recognized to present Senate bill seven oh six. Members of the Senate bill seven oh six Senator Ballinger you're recognized. Thank you ma'am chair of a committee Senate bill seven oh six as the clean up and we we ran two different eminent domain bills one of them you guys killed so you guys should feel bad about that but the other one that you let out well when you let out we agreed to an amendment with the the Arkansas department transportation well when we did the amendment the way the member was drafted it'll come out of one code section in the bill but didn't take him out of another one so what this is is clean up to take them all the way out which is what the intent was previously they have their own because section dealing with them emitted a main is actually drafted pretty fairly in favor of the of the citizens so all right I think this is the appropriately for my and to do it because that's what we intended to do previously happy to answer any questions. Members are there any questions. Seeing no questions. Arkansas department transportation guilty you what do you have anything you want to add. You. Sorry he didn't say that louder representative said I did a great job okay attic like you I knew you when I don't get that in I knew you'd want to get that. Sir we have no one else and nobody else is signed up to speak for against the bill you're recognized close for your bill I'm close I appreciate a good vote member Senator Ballinger has close for his bill what are the wishes the committee we have a motion to do pass any discussion on the motion all in favor of the motion please say aye any opposed say no the ayes have it you've passed your bill. Members that concludes what. I didn't see you come in all right come on up. House Bill eighteen seven. Represent Pilkington you're recognized thank you Sharon Dalby amend Senate amendment to house bill eighteen seventy. Thank you sorry for my tardiness this is a concurrent the Senate amendment that I'd mentioned in committee that I was gonna work with members to make changes to mention on the floor like Senator one appreciate representive Richmond heights and Gazaway for work with me on this and says for good vote. Represent Collins you're recognized for a question. What would a mental gets turned red. Thank you manager. Your human. Okay so representative tokens and you know I think that you talked about some amendments but I don't remember you talking about the abortion amendment if you could just direct your attention to the third page I believe. so let me just ask you about this and you can walk me through if if I'm correct it says that a biological father shall not be ordered to pay any is expenses if he. Basically if he doesn't consent to the abortion but if he does consent to the abortion than he is on the hook for half the expenses so to me that creates a real potential nightmare of a situation where you're incentivizing this father to not consent if the mother seeks an abortion I'm concerned about coercion I'm concerned about domestic violence I'm concerned that we are taking a bill that have a good premise and creating at something that really metals and personal relationships in a potentially dangerous why do you are you aware of this potential issue and and why was this amendment decided to be added on. I have a copy of that amendment. Thank you. So what part of the well let me say said page two on the amendment it's yeah it starts at the bottom of page one and continues on to the top of page two. Yes the representative Collins said the concern is that. Yours would be that someone would course wanted into getting an abortion so they would have to pay the cost is that what you're saying my concern is about the consent being required and the totally different financial consequences for both the father and the mother depending on consent of the father to the abortion so basically it creates a situation where the father if you withhold consent Isn't alter windfall and the mother a lot less money vice versa if the father gives consent also consents not defined in here at all I don't know what consent that if it's written if it's on that has to be documented in any kind of way it just seems to me like it's vacant can create. Fights and tension and domestic strain and it's I just it it makes it something that is now we have this. Complicated intrusion into this decision regarding abortion with this bill that didn't exist before The Amendment. Well I guess I and we're gonna confuse because in my original bill that we had this abortion. Are in there I guess what we are adding is the part about And without the consent of the biological father which was in the original bill to begin with so I guess this was a back and maybe we didn't catch the beginning but it was so then I don't control with the mean obviously we're wanting these parents students gather. If that's a concern I understand M. Hodges I mean I think is maybe a philosophical difference. Okay and just a quick follow up it's not beyond the philosophical difference about whether or not you agree with abortion my concern is the. Making it hands on the consent really enters into the relationship between the father and the mother in a way that we don't do with any other laws and. With it being so kind of. Broadly sketched out with consent not being defined and think we're going to create a real problem I'm just anyway thank you okay I appreciate. Members any other questions. Seeing no other questions representative Pilkington no one signed up to speak for against you're recognized to conclude to close for the amendments I'm close for a minute madam chair. Represent Pilkington is close for amendments water wishes of the committee. We have a motion to concur and Senate amendments is there any discussion on the motion to concur. All in favor of the motion say aye. All opposed say no. The nose habit the concurrencies failed. With that members we have I think once again concluded but be on the lookout something may happen that we may need to come back again so just try to what sure text I'll try to get it out watch emails from Allison and