State Agencies & Govt'l Affairs- House

Few minutes so representative going. More importantly is I guess but we're going to accommodate you so We'll hear house bill nineteen thirty a representative to wing you're recognized thank you Mr chair and I want everybody here to note this is the most important meeting right here I'm here to present house bill nineteen thirty eight this read this is regarding our first responders our first responders to answer our call at all times and during some of our most stressful moments and then are stressful moment passes but then they move on to the nextra for moment and they do it every day and what nineteen thirty eight is doing it seeks to help them handle that day load of collective a life and death situations by developing a curriculum that allows them to address and acknowledge the mental health awareness training that they need this would fit within the current training programs would be at no cost to the city's the Municipal League is in support of this measure has this will help defray the long term issues of undetected mental mental health stresses that can happen due to the very nature of their job and that's all this does. Any questions from committee members. We've got one person signed up to speak. For the bill what a marshal your here's. You would just notify you set up to the committee and You're recognized speak for the bill. Thank you Mr chair thank you members committee specially thank you Sir of an ounce of prevention is worth a pound of cure and We do have training goes along it's would be a firefighter in law enforcement in like snake bites in twenty five years I've never treated a state by but every two years to learn how to do it we hope this also gets our young guys to de stigmatize this issue so that they they know how to take care of themselves recognize the symptoms. What they're how to deal with things and Also or gas chiefs and things we hope that preparing these courses in going through it will allow them to recognize it and their their members and their employees to better take care of them and thank you. March twenty questions from committee members saying none representative when you're ready because we bill I'll close for the bill I appreciate a good vote representative **** is close with the bill what's pleasure of the Committee. I have a motion of a do pass any discussion on the motion. Shane none all in favor say aye All opposed say no congradulations representative when your bill is passed thank you very much thank you committee I will now move to the second most important meeting of the day okay thank you don't forget what I told you in the text message right I will but I'll I'll probably do it still Bragg on okay thank you. Back to the agenda we have a concurrent Senate amendment representative plan if you would just have stated in the table. Representative plan you're recognized to Your concurred concur Senate Amendment thank you Mr chair thank you Committee hopefully this is the last time I before you this bill and the only remember this is the one that had to do with the address of the times of domestic violence for purposes of voter voting this would allow them to keep those addresses safe when I presented this to or to this committee a few weeks ago representative Ladyman had asked for an amendment I agree that I would do that amendment on the Senate side so we did that Senator Eads and Iran after the Senate got off the floor unanimously and I'm here to show you that amendment and hopefully get this thing done so there to places to amendment or to changes with this amendment the first was what representative Ladyman asked about just make sure that everywhere we talk about information that's excluded we limit that to specify that we are only talking about the address of that voter so that starts at the top of page two and there are few places you can see italicize down where we just added the phrasing excluding the address of the second thing that the amendment did was just added representative Dotson as a co sponsor so that's it happy to answer any questions and hopefully we can get this. NO. The questions from committee members. Potion to concur. Any discussion on the motion no one signed up to speak for against. We have a motion to concur all in favor say aye. All opposed say no graduations your amendment has been approved thank you Committee. Committee members next item on today's agenda. His house bill sixteen thirty five representative million are you in the room. Are you ready to present. Committee member we have a we have an amendment that's been passed around this time I'll give you just a few moments represent Miller you would just have a seat and hold up till we get the amendment passed out. Two million you're recognized to present your amendment thank you Mr chair yeah the manager you can say it it delays the word victim and on page two it defines the family member of a little more. In the protection order fact it defies that family member so that does. Committee members representative million as president of the amendment any any questions from committee members. Representative to speak you're recognized for a question. Thank you Mr chair does that this is just protecting the wiper has spent and that's all not not the one that committed the crime. Right thank you thanks. Thank you. Any further questions from committee members. The you're recognized for a question. Represent mowing and is there a cost involved in this and providing anything. Records to the we don't have the bill or amendment. When you get the man to talk about the bill so as to that later okay okay. Okay. As you committee members on the amendment. I have a motion representative Gonzalez to adopt any discussion on the motion. Say none all in favor say aye All opposed say no amendment has been adopted representative to Milligan you now president house bill sixteen thirty five as adopted okay if I may on last attorney. To come up. I would pronounce his last name at all messed up so I let him okay you would just identify yourself. To the Committee and you represent Charles thinking binder the city attorney for Conaway. See I told you I would miss that the. I give you more credit than that. Recognized to address to committee. A committee that the the the house bill sixteen thirty five you know you know it's been on the agenda here for about a month now we brought it full of an association of counties went back and made amendments for them. and then was gonna run it again state police had some issues in that we met with them and work with them within that messed up for a moment information situation so we're back to they run it the way it was after the first amendment facilitation counties of but what this bill you know what we're doing looking to protect women of domestic violence it's you know and sounds real simple but it's really complicated Jack ask about the cost there is you know when you have to redact and do things we understand that but. You know house bill it would do it does and it exempt records that have been made part of a conversation by and that are in the custody of the law enforcement entity that is subject to this subchapter the extent of the disclosure which constitute a clearly unwarranted invasion of personal privacy of the victim. Said the charge with a convicted of the crime publicly identified as a suspect in the crime of the law enforcement entity investigating the crime will help protect victims and their families for many disclosure that would constitute a clearly unwarranted invasion of personal privacy will conceal personal contact information including without limitation so security number driver's license number home mobile home or mobile telephone numbers personal email address or home or business address. the person is filed a petition of order of protection under this domestic abuse act that's to this will help fill of. Like I said we're just trying to further protect the woman you know transaction that's been abused so what for that. We're open for any questions or feel have any questions. Representative Gonzalez you're recognized for a question. Thank you Mr at the beginning one of your testimony you stated something about state police did did you say that you did not accommodate their concerns I will let I will let the him ensure that because we mad and they talked live if you don't care yeah no that's not let me let him mention representative Gonzalez I'm just so you'll know state police they are signed up to speak against the bill okay all right thank you yes I'm in if you will let them answer okay so that that's all right to okay. It further questions from committee members. This time. Seeing none committee members without one person signed up to size speak against the bill state police me Claire you if you would just have state make room their police for. State police isn't turning. You're recognized used to identify yourself for the committee and you're recognized speak against the bill thank you chairman members I'm Mary Claire McLaurin I'm an attorney and the legislative liaison for the Arkansas state police I want to state from the outset that this is we are against we are opposing this bill here today we do not impose oppose the intent in any way what we oppose is the method. Home by which it is is attempting to be accomplished in this bill so this bill adds to exemptions to the freedom of information act where if we get a request for records certain records we will have to apply these exemptions the first one is the B. twenty seven which requires for any crime which I haven't seen The Amendment. Okay. But it requires for any crime that we Say so to the extent and. That we redact any information that would be a clearly unwarranted invasion of privacy of the victim or one of their family members and I don't know if they've deleted a witness. But. Okay so that is essentially everything that we would put in those records There are several problems with that subsection first of all clearly unwarranted invasion of privacy is not defined what you may consider a clearly unwarranted invasion of privacy when you are the victim of a crime might not. Be immediately obvious to someone else and vice versa without any guidance the attorney general's office has put forth guidance as to what we are to redact under that standard for employees of state state employees but. It's the kind of information that we hold in personnel records such as medical information spouse's information is not the kind of information that we collect about victims and a criminal investigation so it's really not a good standard to apply and. We are the ones to carry that burden is to determine whether or not we have to prove that it's a clearly unwarranted invasion of privacy for the victim or their family or the witness then you go to say well if you're the victim and you found instant report or if you're the victim and it in a hit and run and you've got a crash report. That means that we're going to have to redact all the information about you and any witnesses. or any members of your family that were in the car well that's crash reports are used by insurance companies and lawyers for criminal and civil litigation that's pretty much all that we put in the crash report is the name of the insurance coverage and things like that. So. That's my major problem family member is not defined in that subsection. That's that's a major problem with B. twenty seven the bigger issue is B. twenty eight because it requires that we redact the personal contact information of anyone who is. A A victim of a crime under the domestic assault statutes or any person who has filed a petition for an order of protection ever in their life that does not mean that they were actually granted an order of protection that does not mean that there is an active order of protection. Protecting that person all it means is all this bill. Requires is that they have filed one. And. It does not define A family member. I guess it says living in the household of a person who is filed a petition for an order of protection. But I just wanna explain a little bit about how orders of protection work when you file an order of protection the only place that is noted is at the court where you filed it and not all the courts in the state of Arkansas are on court can act they're not all publicly available through the internet there is no notation in any other system except for that court where you filed it so if I were to get a request today for some that has a poor record that contains this person's information and they filed a petition for order of protection yesterday. So even if I searched in C. I. see if I've accessed in C. I. see a search and see I see for this name in a citation that I'm about to send out to see if they are either a person who has filed a When. If it if. A deceased person had filed an order of protection twenty years ago. Just as an amendment is in the there in the rights of the victims statutes in sixteen nineteen ninety eleven oh four we do protect the contact information of victims of sex offenses and so what I suggested as an amendment was that we expand that statute that we could protect the victims of violent offenses Children and but it would only apply to the those that we are Ark actual criminal investigations about those people. And I guess for you know whatever you can't please everyone you know that's not what we're here with today but we do we don't have any problems with the intent we do to protect these victims of sex offenses and so it is something that we do in other areas It's just that for. Law enforcement agencies for the Arkansas state police it would be impossible to comply with this law. And I'm available for any questions. Representative Gonzalez you're recognized for a question. Thank Mister I think she answered most of my questions but did want to point out that the witness has been deleted I don't know I know you haven't had much a chance like this amendment Page two line two delete is it took that out I guess my Number home mobile telephone number. When we're we always redact the Social Security number that is protected by another provision of Arkansas Code those other driver's license number. number. None of those things are protected by any existing provision of Arkansas Code and I mean. It's not our interest but I would say that the that's the primary reason people use the freedom of information act is to get contact information for people that want to solicit what they will. marketers will request all of our applications for professional licensing because they want to send out marketing information so there has never been any provision of the law that protects contact information or driver's license numbers or anything like that okay thank you. Representative to speak you're recognized for a question. Thank you Mr chair what you're telling us is that it's almost impossible for you to fund that these people are protected if we pass this bill today that is exactly what I'm saying okay. I have another question but I probably need to ask the. Representative about that one the fifty million okay we'll have him back to table just second thank you Page okay representative Ladyman you're recognized. Thank you Mr chairman so you're you're representing the state police yes right yes but would you believe it just curious with the sheriffs and the chiefs of police have the same issues that you have this would apply to all law enforcement agencies and prosecutors so yes it would whatever records they keep the incident report that they you know take because somebody's complaining about their neighbor B. into loud you know they're going to go back there if somebody requests that one day they're going to try to find out is this person ever filed a petition you know it yes it would apply to everyone thank you. Representative of Medicare recognized. Thank you Mr chair of just. Clarification what do you said that. As order says now it's is filed thank god for petition so in a quick questions just simple if that were. Have an active petition of with that allow you in reference to represent speaks question with that allow you to be able to to honor that are still not it would still be it would be easier but it would be it would it would. Reduce the number of people that we're looking at I contacted a see about this they they have about eighty five hundred people who file petitions for order of protection a year they probably did they wouldn't have statistics on how many currently active orders of protection there are but But I mean it would it would reduce the pool of people certainly that we would have to worry about protecting and redacting records but we would still have that problem with. When the entry is made in NC I see it's it's made on the person to be protected it's not made I mean is made on the respondent the offender if you will it's not necessarily even going to include the name of the protected person so at least in a searchable field so I can't search Jane doe's name if she's the protected person and necessarily come back with that. Order of protection on her I would have to know that jondo is the offender. To set to definitively identify that order of protection. Just a quick follow up in that so so what you're saying is is that my next question was is there a list of all the active in apparently there is but you're saying that they're they're not they're listed by the offender not by the person who you that's the searchable field yes Is by the offender so they're not searchable by the other right all right thank you. The great you're recognized for a question thank you Mr chair and and the man of whether a person ask about this but I thought representative Nicole Clowney had a bill that did something similar to this where it redacted that information can you speak to that well I what I know about her bill and I think she just ran the amendment through here is that it protects voter the address of the voter. Okay and so it was very limited and they worked on a method of how I believe I mean my understanding is that in that bill they worked on a method of how to identify these people who wanted their information protected to that very specific data you know the holders of that information so that they would note to redact them in this this bill we have to which these exemptions are mandatory if we don't comply with them we are breaking the law but with this bill we have to do all the research to try to identify who these people are and it's such a large pool of people and. Arkansas courts are not they're not all. On. On a unified system there it would searching them having not everybody has access to in C. I. see it's I wish it were better I wish I wish we had better data. Follow up follow up thank you so is there a way that they could request for them to be protected with that be more amenable to you yes I mean it would certainly help I mean we cannot you know and and in our agency all of the for your request do go through legal at start at a certain point so that we're not just having regular people but I mean for example our crash reports people do that I mean they order them online you know and so. Nope nobody's touching those records they're just going out and so there would definitely have to be programming changes to to restrict and in certain one of our databases and stuff but certainly that would be the first step is making sure that the records that the person might want protected that they notify the agencies that held those records and gave kind of proof of their status as a protected person or something like that that would help okay thank you. Limitation couple questions first why no you you'd representative Millikan have been working on this for some time now and it was my understanding I thought you all had made come to some type of an agreement on an amendment so you're telling us and here today that your concerns were not made in this amendment is that correct that is correct. Also but may add me to understand it was my understanding that well what they were trying to do that this bill here this is only if someone files a petition against an abuser and then someone tries to apple II. Their information is it is it broader than that I'm not missing something here well I mean filing a petition and I I speak from having done. I did divorce law for five years before I came to the Arkansas state police so I've seen many many many an individual file a petition for order of protection the order not get granted they never show up for the hearing and I mean it it doesn't. I don't know I wouldn't say percentage wise but there are definitely people who file a petition for order of protection that. Are not actually victims of of abuse or if they are they don't go through with it and so there's no notation in official records of that but then it also protects like we as as the Arkansas state police the the filing of a petition for order of protection is done and the circuit courts we don't have any specific connection to that record and toll the law enforcement agency that serves the order of protection makes a notation in C. I. C. so what then that's all we would ever have access to it but then this also applies to all records that we hold as a law enforcement agency so aside to if I fight get this order of protection this week and somebody is requesting which we get these book requests sometimes somebody wants all tickets that a particular trooper wrote last year. I'm just pulling those tickets at that trooper wrote I don't even know that that person one of these hundred people. Is one of these people that is protected by this by this statute I don't even when I have to pull book records like that I don't even have time to look at the names of the people in the citations but we know that there's nothing. That we have to redacted no citations so we just pull them and send them out. so would apply to not just the actual case records or the court records. Relating to the petition for the order protection rule would apply to everything that we hold in the agency which is a law as I'm sure you recall. Chairman that's a lot. Question if if this bill were to pass out here today do you think it would make sensitive information in regards to the victim you thank it would make it more Make it more affordable for you thank you would have protected. Sentimental motion as it relates to the victim not to be user but the victim does this make them more susceptible for that information being released as a protector of Mars it to open them up for their information become available to the public I think that because of what we've already stated the questions that were asked the difficulty in identifying the victims I'm not sure that would accomplish what they are wanting to protect it because they're it is impossible for us to comply with the US written. Thank you to further questions from committee members. Saying none thank you casual we appreciate your time for this committee thank you. Representative Milligan. We have somebody knowledge you don't speak for the bill is that permissible or. Eighty eight the the state income then the table identify themselves. The pleasure of the Committee it's my understand you want to speak for the bill is that correct yes Sir thank you my name is John archer and I'm the founder of women's own worth what I'd really like to have come to the table with his life experience and how I got here so in two thousand and eleven I was kidnapped two times by an ex boyfriend one week apart the second time I was kidnapped in my hometown Spring County and he had a thirty ought six pointed to my head kidnapped me and exactly a mile and a quarter away from my home luckily I was able to retrieve my given that I've gotten since the first kidnapping to protect myself and it ended in a justifiable homicide. So I've lived with this for now almost ten years and I would say for reason y'all haven't seen me here a lot capital up probably been here about three times since then because I don't believe in coming here and wasting people's time and y'all's precious time to tell due to try to help our state so I'm here today to speak on this bill because I know it can save lives and I really respect that it's going to take hard work because it does and usually things that come in life that are worth while to take hard work and I think saving the lives of victims that have been unjustly victimized in our state it's important enough to do that hard work I would like to say that that lady that spoke against the bill from the state police did speak with a great friend that I just came to know a lot closer in the last few weeks about how we can do this through the victims rights laws I would like to say that everything that she said in that way if we accomplish that we're able to have enough time to come back to that committee during the session they would have to do the same work that she was saying she's for the bill if it came that way so I don't understand how an agency can do it if we get through another agency she's gonna have to retract that same work if it's worded differently in a different bill so I think it's just trying to get around doing that work and to say that you're for victims and put action behind it are two different things so I really feel like you all are here and care about these families say for instance a survivor of domestic violence left their city and they were in hiding and their abuser went to the state police that that I want to do for you and here's what you're missing and what I mean I would be missing if I was just listening to her speak is that not everybody that gets a domestic violence order of protection is going to be for it the people that are probably going to be for it are going to be for it by the pit part. Abuser so that abuse or times that's gonna be elect it's narrowing this amount of people constantly the people that go to get an order of protection usually a lot of times don't fall through because for many reasons part of the time they're fearful for their lives and their children because it goes up seventy five percent that you're going to be killed in a justifiable homicide the first seventy two hours that you're leave your abuse or and I know that for real you're calling so I would just really like forgot to dig into your hearts and think about how this is going to save lives of people that are so worthy and for us as a state to not make it victims and survivors feel like second class citizens because we're not we're worthy of the great life that we all are it happens to everybody I'm sure that I don't look like a person that's been through the stuff that I've been third it's it domestic violence impacts all economic levels all ethnicities and I can say this the state police and the police officers that I know all the different counties that I know are for any way shape or form that they can help victims and if it makes somebody that is behind the desk do a little bit more work to make that police officer safer so when he comes on a domestic violence call like in yell county where the mother the granddaughter and the police officer were killed I think this is going to protect police officers I think this is going to protect citizens and I think that people that back the blue back in for a reason because the place that I know for protecting people and victims in any way shape or form thank you for your time the questions from committee members. Representative you Richmond you're recognized. Thank you Mr chair. In your situation with passage of this bill that would have been in effect as a law back when you went through this and ultimately had to you know kill the individual that kidnapping. What is a prevented that or do you know someone now the passage of this bill would protected in a similar situation. It would not have helped me because I wasn't one of those individuals that went into hiding because I had learned from my dad. That if somebody wants you dead they're going to try to find a way shape or form to do it and so I had to protect myself when I'm asking that the first time with the Ghana news coming back. I don't want people to have to go arm themselves I want them to be able to live that life that they're worthy of you know if you're able to move and get safe let him get safe and not be able to I mean we're worried about people that want to do advertising so we're going to get these people's information for it because they want to solicit because they want to approach them about maybe at an accident they've been in I do have a lot of clients that I've worked with and I have to say that I work free for women's own worth and for clients and I have since this happened to me I was in therapy for about two years and realized that need for therapy for individuals and so I've done that and got people help for to you know all these years for free and I will continue to do that till I die because I feel like that's my mission my purpose in life but I can just say that Personally. This young lady. Heather stabs was killed in Conway and she had an order of protection I don't know that this bill to save her life because I'm not god. But I think it could have possibly and if you could help someone in the future I don't have to have a statistic to have go move forward and try to do what I can which is speak to you all today and if I open to the hearts for you all to do this well then. Is it worth my while to be here. Thank you thank. Further questions from committee members. Thank you ma'am appreciate your time before this committee representative Milligan. Yes Sir committee chairman thank you for your time this morning of you know like I said when I started would just we're trying to protect and help women here and you know you all know somebody who who has been. Maybe a victim of the issue all heard stories of women and you know most women they'll sit in there and they'll hang on and and they'll go back and you wonder on your mind what they keep going back in and keeps that into all but one day you know when they get the courage to step out and to get out of that situation. And go and take the right steps you know I I I think that would. We should want to help a man we should want to try to protect them as much as we can once they get that courage because I've seen so many times they won't don't wanna get out because they're scared because the once they do I think they need of revenue for protection they can get but with that I'm close for the bill. Two weeks. Can't may I ask questions yes ma'am thank you Mr chair. Did you read this by for your for or they with this ma'am the very first bill that was presented to me and they had a question about information I met with them and they voted with me and approved the bill the language of that bill. Thank you the the the first time they did follow up. Recognized. I sympathize deeply with people that sent in this. But I still believe that there's gonna be people feel secure. Unless we actually get this down to where people can for the law enforcement and that can find this information I would hate to pass this out and then then then someone feel secure and and it not happen because they were not able in time to get this information to keep from passing at all so to date until we get this down to where we feel like everybody is. Is within I just don't feel like and I can support it well you know of this my first session down here and I don't know that any bill that we passed as a hunter percent you know being exactly right so just looking for a like I said just looking for UPS to step in the right direction to give them a little more support and more help fill. Thank you Mr chair any further questions from committee members representative but you're recognized. I do like to the intent of the bill and and. The but I do understand the concerns also is there any way that we can do that you could pull it and say instead of that file a petition to put it that the person identifies himself as a as a protected person or something like that to where someone out when a report was done on that could be that check could be checked it would know how you've got to. Handle this person's information in else it I don't know exactly how to do it but maybe. We could do that and that way they would know that Hey I checked that box my information's not going out there because I do see the confusion on both sides of this and I thought and I what this bill to pass but I think we we need to make sure that we get that one thing in there so well it it may you know if it passes as a great fit don't that's. Okay I reckon but we'll we'll there will be. Working on this and it but whether I'm here or not I'm sure if it does not pass out today next session you'll be seeing the if you're going to say the essays you'll be seeing another A bill of the same you know I maybe with that different language like you're asking about. What could be the the could be pulled in that that corrected we can come right back up and I don't think it's like a lot well that will the I think the time of the session here where. Coming to the and I don't know that you have that we have time to do that or not but now Where where what we'll we'll just ask for a good vote and then we'll use management representative committee and recognize you to closure okay I think are the questions from committee members. J. nine that we recognize to close I am close okay representative Milligan has closed. Motion to pass as amended. I have a motion do pass as amended any discussion on the motion. Saying none all in favor say aye. All opposed say no. Lows have it saw your bill is fail. Okay thank you chair thank you Committee. Next on today's agenda Senate bill six forty three senator Hammer. You're recognized present your bill. Thank you Mr Kim Hammer state senator district thirty three can have representative Ladyman present with me Mister chairman you can. You're recognized. Ruffin to the committee. Little okay. Thank you Mr receiving some coaching from this into the table thank you. Senate bill six forty three simply moves the time for which a absentee ballot can be turned in in person to Friday at five o'clock with regard to an agent who picks up an absentee ballot in the event that a voter has a medical emergency would not affect that at all it will not interfere with the ability for the agent to pick up the ballot until election day one thirty and still have up till seven thirty election day to be able to return the ballot if a person should unexpectedly be called out of town because of work or whatever they can still pick up an absentee ballot up till five thirty and they would be able to mail it and it would be treated just like any other absentee ballot that is sent through the mail he could be received up to election night at seven thirty so what the bill does is just for people that are in person administrators or bearer of an absentee ballot they would have to have it turned in by five o'clock on a well actually close of business I think is the way the bill technically reach after we amended it so that the clerk's office would be able to match up against whatever time they close on Friday the other thing the bill does is it specifically mentions that the absentee ballot has to be returned to the physical office of the Clerk for verification signature purposes we've heard testimony before a not necessarily here in the state although there was one situation it kind of started leaning that way what this portion of the bill would do is present it anybody from setting up an unattended box to be able to drop off an absentee ballot which has happened in other parts of the country or in one part of the country where they had what they called it was democracy in the park and so what they did was they went through all the city parks they had tents set up there and people could just turn in their apps. City ballots there so what we wanna do is make sure that is tightened up to where would be for the physical location of the Clark and with that I'll recognized with chairs permission represent Ladyman for anything he'd like to add then be prepared to take questions Senator Jett Ladyman any comment no comments he did a great job present okay no one signed up to speak for against Bill rep eighty committee members any questions. For the very large and you're recognized for a question thank you Mr chair Senator Hammer I. I like part of this bill and I dislike other parts of it I'm I'm concerned about the Friday before election that have you can you explain to me how you came up with that that deadline and not like the day before I understand absentee ballots not being turned on the day of election because that that gets pretty hectic and and in particular if you're turn the ballot absentee ballot on the date of the election you're not really absent if funds are just vote but the the seven thirty Friday before you're you're cutting out several days on which they could return that particularly Monday before the election I'm kind of concerned about that the only day I think it would be cut off technically is that Monday and the reason we did it that way was because we want to make sure that the ballots were actually secured accounted for on Monday in the event that there was any missing ballots one of the bills that we have coming down the hopper that I think Mayberry been passed to the House rich about to be presented to the House is regarding the balance and and the secure location of the ballot and also the day count of the ballots so that we can match the ballots that are out against the ballots that are technically in and accounted for and so we built Monday in for gap in order to be able to give the clerks and also if the state state board of election or the County Board of elections has a question about the absentee ballots the number where they're located unaccounted totals based upon the day count that could be requested felt that Monday would be the ball for that we would build in for that reason the other thing I want to mention to and I did not in my presenting I was gonna say my closing but I'll go ahead and state now we did work with the association counties and if you read the Democrat Gazette dated for nine. The quote in the paper was that did not have the county clerks did not or the association of county clerks did not have an official position on Senate bill six forty three but said the majority of the members didn't have a problem with that so we did right by them and and you know just trying to check the feedback that's not saying a hundred percent are happy with it but as quoted in the paper the majority from did not have a issue with this actually I think they like it because it does give them that extra day where they can catch their breath there is another bill also coming down whether to make at this time or not it has been attempted bipartisan efforts before but there is a bill regarding doing away with Monday early voting so as to give the counties that that ability to have that breathing room between Saturday early voting finishing and Tuesday if that goes into law then this would this would definitely need to be in place because what would happen is people would be showing up on Monday and then we say well I want to absentee vote and they would be getting those absentee vote which over loads or create additional work for the county Clerk or whoever's running the election on Tuesday and that's what we picked Friday of. Close of business follow up. Recognized thank you well at. I'm not sure where the association of counties that are out but I I happen to represent the second largest county in the state and I county Clerk is adamantly opposed to to this. Not saying it is a problem or an issue or or anything like that to to take care of voters on that Monday and so I like the the physically the physical return to that but I don't think I can support it with being the Friday before Pepperidge create that welcome they're respondents chair. Yes thank you again one of the things we want to be mindful of the State of Arkansas yes we all have districts that we represent we all have County clerk's another elected official the don't always agree with the legislation we the run or that their subsection may stay neutral on. The one thing that I have concern with the is and that is part of reason for not only the selection bill the others is that in a statewide race or maybe it's the tenet governor one of constitutional officers maybe it's one of our senators it may be well and good in one area but that doesn't mean it's well good and other and I don't want the part of the state where it's not well and good to disenfranchise the voters in the other so that is that is part of the intent behind the legislative package of the election bills which this is is one of them. Not saying maybe great open your county I recognize that. Representatives page you're recognized for a question thank you Mr chair do they not start early voting but not early voting but counting those absentees and that early in the afternoon on the day of the election the well Hey and I'm glad you asked that question because it brings up this other point and that is you can ask for an absentee ballot pretty much year round to get away to the election is set to know what's going to be on the ballot but you can ask for the same way out in the future and as far as a course with COVID you know we have some special exceptions as far as opening the outer envelope in those kind of things but as far as starting starting early on election day can. Again I would hope that would make a good argument for this because we did have a situation where some ballots were here and some ballots were there and some ballots were elsewhere I think what this does is the day before election when they get ready to count on is by hand that day count you make sure they're all accounted for so when they do start on election day you got I'm all where they need to be. Recognized follow up thank you I know in Baxter County they do they get that in the early afternoon they start looking into and trying to get everything together because you have so many to do work with and so I'm I will be supporting this bill thank you I means a lot thank you Mr one other thing I'd also noticed a trend it all if I may Mister. One other thing is the transfer absentee voting is going up which means the volume is going up. Thank you Mr. We've got one pose you signed up to speak against and I cannot comment on that Mr chairman. Yes go ahead repeated thank you Mr chair. I know there's concern about this the number changes that that's being made to our election process but absentee ballots was an issue in a few counties of five or six I believe within our state a lot of counties a lot of people think that is not a problem here yet and they said well why do we need this but they did have issues across the country we did have issues within our state and the number of absentee ballots are going up. in Northwest Arkansas may not have had an issue I don't I have not heard any up there any counties but it wasn't issue in our state has been issued nationally and the volume of absentee ballots that are going up so they need more time to make sure that these are adequately counted. Thank you representative we got one person signed up to speak against the bill. Belges my room permission Mr berry Alsip that correct. Steps in the table data by yourself to the committee. And then you're recognized to speak against the bill. Thank you Mr chairman members of the committee my name's very hot as I live here in Pulaski County in Little Rock I came to the Arkansas fifty four years ago to serve on a Titan to nuclear missile launch crew with the secret security clearance the Little Rock Air Force base also been a poll worker here for the last twenty years. Yes one of the largest polling places in the state of Arkansas I was chief judge for number of years until family circumstances caused me to. Follow back to regular polar. This bill that in effect in my opinion kind of chips away at absentee the bility to turn an absentee ballots and have them counted. Is is I don't know how to characterize this but you all have seen a whole package of election bills this session there sixteen or twenty or however many. Each of them it is chipping chiseling away chipping away a little bit at. Voter enfranchisement our right to vote our ability to vote which is which is part of that. You all have you should be working in the opposite direction and working at ways to improve and franchise meant to make it easier for every eligible voter male or female who wishes to vote to be able to do so. This is just one of those many bills that is chipping away at that right to vote in November here in Pulaski County because of covid we had about you don't want me to the exact numbers we had about twenty eight thousand absentee ballots turned in. I worked I volunteered to work I'm a poll worker I was unwilling to work due to culvert on election day it based on my age and pre existing condition I volunteered to work behind closed doors in a safer environment for ten or eleven days processing some of those twenty eight thousand ballots absentee ballots. I have probably seen more on election day and processing those absentee ballots probably than every member of this committee combined practical experience I know how sound the process was until many of these losses session or starting to chip away and make this the the voting process not. Not add more integrity but take integrity away there's so little election fraud one site sites three cases of election fraud the last twenty years so I I will not tell you there's not election fraud there is. But ironically this is probably something you don't want to hear election fraud is typically a perpetrated by organizations political parties candidates officeholders not by individual voters like me or any other people in this room we don't have the power to change the results of the election. So I would ask that you vote against this bill this change is not needed I would ask you to look into your hearts and to do things that improve. The ability we already have the right to vote but if we don't have the ability to vote that right is worthless as a veteran I served four years active duty. One of the reasons I volunteer during Vietnam when I could a state and college was to protect our right to vote in our other rights I hope that each of you hold that right as highly as I do and I would ask you to vote against this bill thank you. Members any questions from installs. Say none thank you Sir for your time for the committee yes Sir. More. Representative Ladyman. Mr chairman if I could let me respond first and I'll let senator Hammer close. Recognized thank you Mr chairman. members I think this is the third time that I've heard. These fourteen sixteen bills that that's coming through our legislature being attacked is chipping away a and suppressing the vote I ran a bill the title of it was the anti suppression. bill and have voter suppression bill so these are good bills the reason there's a bunch of bills as I like clean bills and those of us that have worked on this have tried to make bills that address individual situations and not have a forty five page bill. That that most people can't understand. So. I don't think it's a negative thing we say we've got a lot of bills and all of these bills are looking at one specific problem in trying to improve that problem or eliminate that problem and improve the tech integrity of our voting system. So I let Senator Hammer clothes. I representative Ladyman Mr chairman members of the committee some phrases that are used or chip away and the other phrases that were used her kind of catch phrases as far as chiseling away I'll give you the greater phrasing that is election integrity that's the greater phrase I think of all the words that are used this does not limit when you can ask for an absentee ballot is still forges same opportunity to ask for way ahead of the election as soon as bows or printed they can be mailed out of still allows you plenty of time to be able to mail them back in with the number of absentee ballots is given testimony I think that regards I think that would help require or at least enhanced the reason for why this bill is important so that we can give absentee ballots the greatest perspective and greatest view and also the greatest integrity the one thing I want you to also think about is this past election cycle and set aside what happened on the national level although a gentleman named Clint Lancaster went up to Madison Wisconsin as a to work on the election up there and several things that were identified up there's fact also have some shadows here in Arkansas and what we want try to do is put sunlight on it removed the shadows but I also want to draw attention because specifically I'm on the House end of the building that there were three close races this last time representative Springer representative bill representative wing a few votes matter and every vote out account including the absentee ballots and that's what this is intended to do is to give a clear day between when they are received in the deadline and when they are counted to make sure they are all accounted for so that they all count and I would appreciate a good vote Mister chairman and members of the committee. Senator Hammer is close with the bill. What's the of which pleasure of the Committee representatives. Thank. Representative space is made a motion of do pass. Any discussion on the motion. Representative dodging you're recognized thank you Mr chair at still. Have a problem with it as is and I would love to see this this past with an amendment that says that it and it's the day before the election verses the Friday before the election I think there's just if someone can't get to the office or fails to plan a appropriately to get to the office by Friday before it's it's really technically too late for them to mail it in and get their absentee ballot there by close of business or seven thirty on election day more than likely so For that reason be opposed to it and. I'd like to see it come back with that change if if you you don't get eleven votes out of the ten members here. Any further discussion on the motion. Over the past. Saying none. All in favor say aye. All opposed say no. seven. I see two hands madam Clerk call the roll. Representative Meeks. Representative Meeks. Representative gene. Representative love. Representative love. Representative Deffenbaugh yes. Representative Wardlaw. Representative Wardlaw. Representative Cozart. Representative Cozart. Representative Dotson no. Representative Miller. Representative Miller. Representative Whitaker. Representative Whitaker. Representative Payton. Representative Payton. Yes. Representive Ladyman. Representative gray. Representative gray. Representative back. Representative speaks. Representative speaks. Representative Richmond. Representative McCollum. Representative McCollum. Representative Johnson. Representative of hawks. Representative hawks. Representative Gonzalez. Regulation your bill is passed. Thank you Mr members committee also now you're recognized to President Senate bill six forty four. Thank you Mr chairman. If I may Mister chairman for the sake of just flow could I just walk through the bill please and I'll be brief but try to be as thorough as I can on the points. You're recognized go in. Thank you Mr chair on page one first of all it identifies effective persons convicted of a misdemeanor offense as listed in the sections included in this bill that they'll be barred from serving as election official in subsequent elections and it also clarifies on page thirty five and thirty six that if a person is convicted of felony that they would also be prohibited from future elections as far serving in any capacity I would have thought that would amend in law but when I asked the bill drafter about it she said it's implied but it's not specific and so I want to make sure that was specific in the language of this bill and that's what's in there. What I'd like to ask you to do and this is simply because of the way in which the bill drafter drafted the bill as they felt that it was best to do is if we could go over to page five section six on page five section six of the establishes a process where the Attorney General who I worked with and represent a lame and work with in order to establish a hotline call that in the event a member of the public for anyone working in the election poll or elections possibilities could be able to call in a a complaint to the attorney general's office the one thing I want to note is that there is a punishment in there of a misdemeanor eight that if a person frivolously calls in a complaint that that person could be charged to prevent anybody from abusing what would be this newly established law that would give the Attorney General the opportunity to receive they would compile and filter out the frivolous complaints and with those complaints that they would compile if you go back over now to page two. Nonsection three what would happen with those complaints is that they would be turned over to the state board of elections four investigation but they would also be turned over to the Joint performance review committee and one of the things amended on the Senate in which is on page five. Is on page five it also establishes the structure and the processes for the joint performance review committee to be able to investigate those complaints and I removed the word shall and inserted the ward may so it gives the chairs or Joint performers Review Committee the ability to be able to investigate those complaints and part of what this does Mister chair and part of the reason I put this in there is because we have a history of times of which election complaints are turned over to the prosecutor or there's not a clear process whereby the public may know who it is that they need to call and in order to file a complaint couple things to point out one is if it is the Clerk upon which the complaint is made right now the Clerk in the prosecutor are the ones that are supposed to receive the complaint what the complaint against the Clerk or the prosecutor who are both running for election there's not a clear path forward for how those are to be received as so what this does is establish that process where can be called into the Attorney General they would receive those and turn those over to the state board elections but also to joint performance review committee who may go on and investigate those complaints and if it is determined that there is some war if there are some there are reasons that would warrant turning it over to the prosecutor than they could do that the prosecutor could delegate the state to the Attorney General is a special prosecutor otherwise it would rest with the prosecutor to carry out that investigation part of the reason for the way this bill is structured is so that we can insert herself into a process now have some meaning behind it as far as joint performance review on page three and I'm about to bring in for landing on page three. Join performance review committee may submit to the state board of elections I'm online six on page three may submit to the state board of election commissioners include without limitation recommendations should they determine upon their investigation which we all know us the Joint perform true has ability to subpoena people and to testify for methods of recommendations it could be a letter of reprimand to the election official it could be recommended to the state board election for decertification election official in the next election cycle including the associated primary runoff election the third thing is that the state board of election commissioners can recommend our or the J. P. R. could recommend to the state board of election commissioners to take over and conduct the elections in the county in question if the violation or violations are considered severe by the Joint forests Review Committee and would threaten the county's ability to conduct an equal fair and impartial election or the appearance of an equal fair and impartial selection and then number four is they could also recommend that the state turnback money that would have been used to run that Alexion in that county would be redirected to the state board of election commissioners in order to be able to have the finances to run that that election and so with that being said Mister chair I'll be glad to take any questions over recognized representative lay minister would like to make comment any questions from committee members Mr chairman just one add one comment you might be thinking well you know what if there were frivolous claims right this could open up for those claims on the last page that's address so you know it's a Class C. misdemeanor if you file a regular false claim so the bill does address that on the on the back page. Further questions from committee members without one person signed up to speak against the bill Mr bill if you would just have safety on the table and used against Bill. Okay he's passion so. Senator hammer your of the ready to close for your bill yes sure I'll be brief because of with through the the guts of the bill but the bottom line is this officially gives us a process where we as the representative of the people can have a legalized full disclosure voice in the process in the event that there is an election or there are complaints about election that we can answer or self into the process again the languages may which means joint performance review may come together and we can make these recommendations to the state board of elections who can take those recommendations and do with them as they please I think it's I think it's important that we have a voice because there's a history of complaints being turned over to a prosecutor said have not always been filed up on and if that is the case this is a safety net to make sure that we have a voice in it and I think that's important portent for the legislative branch. And Mister of represent Ladyman chair's discretion to make additional comments if you would like for you would allow thank you Mr. No I'm close. View of representative let me close with the recommendation of a do pass. Yes I make a do pass. Legislative minutes close to the recommendation of do pass any discussion on the motion. Shame none all in favor say aye. All opposed say no congradulations the bill is passed thank you Mr members of the committee Senator hammer but it would represent your Ladyman. Okay just a short pause here we do not need to go back Senate bill six forty three yes Sir a rule that bill had passed that may be in question and I'll get right let me give me just a second okay yes Sir thank you. Committee members own Senate bill six forty three. We had a motion and I rule that the bill had failed it's been a question whether or not that there was a quorum in a room at the time so since setting questions what we're gonna do it this time is we're going to go back to Senate bill six forty three the sponsors already closed for the bill and what I'm putting out to the committee just time is just if you want to make another motion of a do pass who will discuss it at that time. So representative bill six forty three for the second time was pleasure of the Committee. Representative speaks. It. I have a motion of a do pass. I have a motion of a do pass any discussion on the motion. Shea none all in favor say aye. All opposed say no. Graduations the bill is passed C. one hand to hand madam Clark call the roll. Representative Meeks. Representative Meeks. Representative gene. Representative love. Representative love. Representative Deffenbaugh yes. Representative Wardlaw. Representative Wardlaw. Representative Cozart. Representative Cozart. Representative Dotson. Representative Miller. Representative Miller. Representative Whitaker. Representative Whitaker. Representative Payton. Representative Ladyman. Representive gray. Representative back. Representative speaks yes. Representative Richmond yes. Representive McCollum. Representative McCollum. Representative Johnson yes. Representative hawks. Representative hawks. Representative Gonzalez is. Regulation Senate bill six forty three passed. Thank you Mr members committee thank. Your representative in the room to present Senate bill six twenty four representative for Senator Clark. I didn't have a representative listed but he wanted on today's agenda. Cation hi. Well we better not. Let's go ahead then move to the last item on today's agenda of house bill nineteen thirty seven. The representative Gonzalez you're recognized president you house bill they Mr. A committee was left those this. The notice this great bill you are gone I don't want real goal I'll take any questions on if you have any. Any questions from committee members. Representative gene you're recognized for a question. Tell us about what you're doing to the fees and penalties not doing anything to fees and penalties is just says of if I agency passes a new rule with fees or penalties associated with that that the A. L. C. through the regular administrative procedures process can do not for any reason currently it has to be unconstitutional or Agence Legislative intent To for us to to be able to deny it this just says we can do it for any reason follow up. Recognized so you're not rated fees place of parks and tourism game if if absolutely not okay all right thank you. The questions from committee members. Say no no one signed up to speak for against bill representative Gonzalez you're recognized close to your bill I'm close Mr also you have a motion for a do pass make a motion to passivity God Gonzalez's close he's made a motion for a do pass any discussion on the motion. Same none all in favor say aye. We say never congradulations a bill is passed. Thank you so much as meeting is adjourned.