State Agencies & Govt'l Affairs- House

The. Of. The first amendment of which is what this is really about is of your right to privacy is sacrosanct except when it's not convenient for you offend someone. you're right to gather together warship is sacrosanct except when it's not of the same with the second amendment the fourth the fifth. The. Of with the problems we had in November. elections across the country. this is a very important bill. it simply says that on election day or election days during early voting that any place that is a polling place will not be considered private property of for the purposes of voting an election hearing but. Public property we have changed it from S. B. one eighty eight which I'm sure you remember there were some things brought up in it we have added that if there's multiple buildings Page two line twenty three well I'll go back up to one twenty. We'll go to seventeen the proper property shall be designated as a polling site including all parking areas. A reasonable area adjacent to a parking area and all or is adjacent roadways if the private property is a lease premises the entire the leased premises in a reasonable amount of the shared parking or shall be designated as a polling site if the property has multiple buildings in a shared parking or the property owner so designate a reasonable amount of the share parking area the building is for voting and area adjacent to the roadway as a polling site. Hi this is a private program should not restrict electioneering on the division of the property on election day or any day on which early voting is allowed except and then the right what the exceptions are all federal law so the there's been a lot of questions about that and we just put federal law into state law. and the the Florida Attorney General of the issued an opinion two years ago back when we run SP one is one eighty eight I sent that to all of you you may not remember it and I didn't bring it today but they. Florida actually passed a law that said that you didn't have to allow of election airing of and they had a court case. and that was overturned and overruled and the Attorney General came out of Spokane we also had the court ruling that said specifically that a church could not of nor anyone else but it was a church where it happened could not because of their position on an issue not allow people to election to election here they had people who were because I'm in set up tables outside the hundred foot to hand out literature of and they stop them from doing that in the court's said that you could put up signs saying you disagreed of with the issue but if you're but for the purposes of a. The of being a polling place for that day it is a public purpose is for public purpose so it's it's treated the same as if it were our own it was here at the state capitol of where you can't be on the first amendment I'll be happy to take any questions. Any questions from committee members. Same none no one signed up to speak for against the bill Senator Clark you ready close we will I'm close appreciate a good vote Senator Clark is close with these bill what's pleasure of the Committee. Separatist page. Representative space is not a motion of a do pass any discussion on the motion. Seeing none all in favor say aye. All opposed say no. Those having to bills failed. Thank you Mr thank you members amending. Senate bill five eighty two. Senator Hammer you're recognized but we have an amendment to this bill. The Bill. Bill to committee members there's an amendment to ban passed out give me a moment to look at it. Senator Hammer you're recognized to explain the amendment. Senator Hammer yes Sir sorry that's okay you're recognized to explain the amendment thank you we work in conjunction with the Association county to county clerks this is an agreed upon amendment that actually allows me to sit in table say the clerks have no objection to this bill supported it as amended and so it removed a section that gave them some concern representative of Ladyman and I work together with them and and we bring that before you. Senator Hammer is presented the his amendment puts the will of. Presented Ladyman. Motion to adopt the amendment I have a motion to adopt the amendment any discussion on the motion Hey none all in favor say aye All opposed say no the member has been adopted senator Hammer you can present your Senate bill as adopted thank you Mr members of the committee is pretty simplistic if you go to page two of the bill what it does is allow for election a county election commissioners to be able to have the oath sworn to them and we've expanded the list because for one thing it makes it easier and simpler for them to get to some of these folks and maybe does the Clerk or maybe park does once where men you know personalities rub sometimes so this expanded that opportunity the second thing it did in section two concerning qualifications of state and county commissioners election officials poll workers and certified election monitors are amended as follows it we added to county election coordinator up to that code section maybe one of the bigger components of the bill which is an important a part of the bill especially given what happened this morning in a budget and personnel reviewed this and also special language review this this is going to require additional training for all those involved with our election process so as to raise the quality of standard to make sure that everybody is educated especially with laws constantly changing this will be a great component and with the positions that were approved this morning for the state board of elections I really. Really do feel excited about the opportunity to provide that additional training to people so that we can make sure our elections are have have the the best integrity in process possible gilder section for a cable election commissioners by a majority vote should does a person to attend the required training that's kind of an additional part to that and that did go in there and talked about you know who could work as a poll worker who couldn't this is actually in the way the bill was originally was it not intentionally but it just got swept up in it representative shall gray pass piece of legislation last session that when we're crafting this bill it got deleted out it's been added back in and we did add Roman numeral number three on page four to that to to enhance or to bring to greater clarity regarding spouses working and their courses you see through the amendment section six has been deleted out and with that Mr I'll be glad to answer any questions. Hammer is presented is the bill as as amended the any questions from committee members. Any questions from committee members represented Dodge you got a question. Joe I have a question over here. Okay J. no questions from committee members no one signed up to speak for against the bill Senator Hammer you're recognized close review thank you Mr chair probably the one point one leave committee with physicians agreed upon bill work with socialization county Clerk supportive and so with that I don't think a consent thing better than that a just Preciado a good vote Senator Hammer is close to the bill what's pleasure committee representative Ladyman. I have a motion do pass as amended. I have a motion do pass as amended. I have a motion to pass as amended any discussion on the motion. Playing none all in favor say aye. All opposed say no congratulations your bill is passed as amended thank thank Mister members committee y'all of always been nice for I've come down here and I appreciate that thank you for that. Committee members will be waiting on represented Penzo. We have an amendment and as soon as we get it signed what will handed out to the committee members. Representative pending the amendment signed and ready to go. That time of the session and everybody's Act. All right well of the law last well it's less used to manage Senator let's do we have the amendment passed out. It was just state what we get the amendment and it out yes Sir. Thank you. You get a copy of the amendment. Sorry committee. Senator Ballinger recognized present your amendment. Thank you Mr so what this does is takes a lot of the meat from the the bill that you guys Mursi's mercilessly killed on the floor the other day but that narrows it down to just attorney so last time when we were in in here you heard presentations from some of the people are opposed to represent pencils bill that we talked about say well this is one to two attorneys to be okay the with within the relationship of an attorney they and they know the clients they know the people then that would be okay to use what we have today right what we are doing today is essentially what this amendment does only it limited to just just attorney so the bill itself I'll get to the second that's the Senate bill three forty that everyone talk so glowingly of they loved with all the limitation restrictions and safeguards and all that well hopefully what we can do is merged the took to fix what representative Penzo originally was doing was trying to help some trust attorneys be able to continue operations when the the executive order ended and also provide the mechanism the platform that has a little more limitations on. So Amendment essentially just takes an adopts into into the Senate bill the what we are currently doing today and and it doesn't for attorneys. Committee us Senator Ballenger aye presented his amendment any questions. Representative Gonzalez you're recognized for a question thank you Mr. Why should we trust attorneys more than just any other regular notary well or or awesome people obviously that's why it is so the distinction it is one that actually I I didn't originally make but but I think it's true that some of the op opponents of the bill may last time is there is an attorney client relationship they there's a little a little more it's not just somebody coming off the street if somebody that you have more knowledge of and so they feel more comfortable about it being being that there's a mechanism here that would require if you fall in that category that you have to have to give notice to the secretary of state that you are that you're in the waiver of of the other requirement and this is honestly the best way to accomplish the to task that we were trying to accomplish. Representative us page you're recognized for a question on the amendment thank you Mr chair. How can you didn't but the bankers and and this. Hi I would like to of in fact what I wanted to do was pass them represent pencils bill that provided the tool for everybody the reason why bankers aren't any bankers are included like there including the bigger bill but the bankers wanted all the safeguards of the bigger bill and they were worried about the of the the the ease associated with what we're doing today right under the executive order so I I think the bankers would not want to be included in this I think that they want to only be and what they call the roll on the the Senate bill they don't want to have the the flexibility that's provided in the the the more easy remote notary. That they would have blown up I would include them in that part thank you thank you Mr chair we welcome representative Ladyman did you have a question yes it is thank you Mr chairman. Senator on page one there three a it talks about no Republic may notarized signature including knowledge months and virtually through real time audio visual. Provided that the notary is physically located in the state of Arkansas. So that's the notary not the person on the other end that's correct. Right so those people could be anywhere in the world yeah absolutely if and only this would only apply to attorneys but yes. Okay thank you Mr which is the feature I don't think not a bug I mean that's the ideas that you have have some the ability that if somebody is traveling or third but I had a situation where we're trying to facilitate a closing the the woman a woman who was the ex wife had signed off on the deed because of her dower interest had to sign off on the deed she was in Italy during the pandemic right and so it created real limitations on her ability to travel to get to consulate and and all those things. She we end up figuring out a mechanism to do it with the with the power of attorney but that he was a he was really arduous process the ideas that the lease with attorneys to give them the ability the flexibility to try to work some of those things out but with more specific knowledge of the individuals. Representative would occur you're recognized for a question. Thank you Mister senator you you noted in your opening of the ignominious fate of Mr panzers bill yeah I'm asking you really want this boat anchor in your vote yes so we're either going to get both of these will get in either of these so we're going to get something this session it's going to include a provision for for his that's early on when we started working together in this we need it we were trying to work it out this is this is the solution or not at all thank you. Representative gene you're recognized for a question. Thank you Mr chairman Senator Ballinger of I'm kind of going that we're David Whitaker was I got all green lights on this. Before your amendment and now the title companies I haven't heard from the bankers yet with the mortgage bankers and of course. me having of ownership in a bank and and my wife was an employee of a bank that they did stuff like this for forty three years she had some great concerns about what of residential bill was and that's that's that's the reason I voted against it but my question is of. So why do you see this amendment so important to put into your bill when that when you got a hundred percent. Supporting it and and you just drop with this I'm amendment and you've got. Pretty stiff opposition to why would you do that well so my at my originally regional bill is a great tool for people who do a lot of notaries and and are willing to invest the money in the software program that that provides it I think it's good that we have that that option but I also know the rope for almost a year we've been operating under this system right and so I believe that we're that and and the banks have been doing a mortgage Burch everybody's been operating in the system and frankly we've not when I was a government issued a direct executive order we haven't heard to complain about it and and it's in a provides real flexibility the average Joe is not going to use Senate bill three forty thank you can't afford not to if they don't do enough notaries they're not going to invest in the software to do that so this provides the opportunity that yeah even if it is limited to attorneys which I don't like right I I think you guys made a mistake in not passing pencils bill and the house bill but you know if this is at least a part of that to make it where there's still some flexibility because. I don't I mean I I actually use the executive order one time and doing a trust I don't do just simply because I'm a legislator I don't do as much as a lot of people but the the attorneys who originally came to represent Penzo and asked them to do that and and to codify the ritual could I mean I only got involved in this because I'd like to see the executive orders end of emergency in I want to codify the executive order right that's how I got involved in the process and in the meantime discover this whole process of secular states working on the provides the same card which is fine but what I'd like to be able to see is also a mechanism where the average person can utilize an even if they have to work through an attorney to do it okay well VOL will recognize and that may be true and in your part of the world but but it in my part of the world I have had yet one attorney contact me on this and and you know that's that's what we go by what our district as you but anyway I would I would just kind of trying to figure out the process of thinking through this but your bill and of I probably won't be vote for this amendment shall I understand I I'm I'm tend to be an open book so you know if you wanna know what I think you just have to ask me because I have to tell you. The. Any further questions own amendment I have a motion to adopt the amendment any discussion on the motion. Hey none all in favor say aye. All opposed say no. The Amendment has failed. Thank you Committee I just we'll put out our bill and we'll go ahead again in two years thank you thank you senator. Committee members that that takes care of today's agenda let me just Thank you senator thank about here we we're still waiting on the Senate to send the say their constitutional amendment so that it can come before this committee and we can decide what the hell we want to vote on it. there today at which means that tentatively I'm going to schedule for in the morning at the nine thirty over a room city over big mac in room say at nine thirty in the morning I'll send you a tag notifying you of that but that's only up to Senate gets that their constitutional amendment out today so uh because we need to hear tomorrow so we can be on Monday's agenda so with that. J. no questions. Words aren't.