State Agencies & Govt'l Affairs- House

and sign up and we'll make sure that you have the opportunity to speak for against the bill representative Lynch you're recognized. All right representative less this support paying the this house bill seventeen twelve we already passed out of committee but I was asked to bring it down and change language actually it's about three words from minimum level to a maximum of four hours per year this is on continued education rule change for the HVAC are bored so they promulgate real if they desire to require continuing education for certain licenses. And that. I appreciate a good vote. I questions there's been a represented village representative love you're recognized for a question. I have a motion to property and. Committee members have a motion of a do pass it to proper time any discussion on the motion. Say none no one signed up to speak for against the bill. What's pleasure of the Committee all in favor say aye. All opposed say no congratulates representative lance your bill is passed. Thank you. The. Wooten is. All or representative Christian gem of a committee member of a but that objections were going to go a little bit out of order and try to get some of the. legislators that are not owned is committee go head get down the on the table so they can make some other come other committee assignments. Representative grazing you're recognized to present House Bill eighteen sixty five thank you Mr good morning members of the committee. This is house bill eighteen sixty five which is a very simple very to the point piece of legislation. It's amending Arkansas Code to include duty to intervene training we've all heard about duty to intervene in the George for trial is going on law enforcement is taken a black guy for an honorable profession and we need to make sure that it remains on a role in the eyes of the press the public its own community and with us today we have Kerry sides with the police chiefs association we're Scott Bradley we have combine we have Jamie Scott Sir Jamie cook Secretary of GPS so we have some support here from our law enforcement agencies that understand the duty to intervene is not words you say on television it is something you live an act on in training and so I will read very briefly what this does in accordance with certification requirements of the Arkansas Commission on law enforcement standards and training all law enforcement officers in this state shall complete annual training related to a law enforcement officer's duty to intervene if that law enforcement officer observes the use of excessive force by another law enforcement officer so rather than just putting into the statute so that you can refer to it this not only puts it into statute it puts into annual training so it becomes a live item that is part of every officers training annually. I think it is an excellent bill next one proposal and good for the state we're leading the way with this bill. Okay thank you representative craze any questions from committee members representative Richmond you're recognized for a question so. Thank you Mr chair and and I agree you I think you've got some good legislation here just question I have is Within the existing law is there a limit to how for an officer can go to intervene I mean can he used deadly force against another officer in order to prevent something that is Really and if you wanna call somebody up that's okay if the chair like to if anybody would like to speak you can come forward is is in a former law enforcement officer that would be an extremely rare circumstance if that occurred and I'm sure there will be a judgment call based on the situation and the officers involved at the time. All right thank you thank you Mister representative love you're recognized for a question thank you Mr Alice's publishes that enhance now who who's going to be conducting the training and is. Represent low that would be conducted in accordance with the commission of law enforcement standards and training which is universally applied across the state whether it's sheriff's department or police department so as long as it is using the training that is provided by classed that would be the standard that would be upheld okay in so problems chair recognized so so so is it training B. E.. Is it going to be conducted for class for all of the agents on the law enforcement agencies in the state or every law enforcement would be required to incorporate that in their training regiment at least once a year okay thank you thank you Mr. Any further questions from committee members saying we've got The people signed up to speak for the bill Mr Ryan nor sure used in the room. Yes Sir Americans for prosperity we support the bill Mister chair and committee it is a work that has been done by a lot of folks in the community we think so you need to go in there yeah go ahead have say then the time if you don't want to speak that's fine just big dollars that will move on pardon me of pastors on this chair It has to testify too many times to fill instigator for that so yeah Americans for prosperity Richey the state director Ryan Norris thank you very much for hearing this bill thank you representative Christiansen who's been working with law enforcement and community partners on this we think that this is a bill that not only does a great deal of of good for our law enforcement community but also it signals to the community that our law enforcement officers are honorable that they're held themselves to extremely high standards and there are a lot of folks seen this bill that are very pleased to see that our legislature is listening to what the people have have asked for so very much in support of the bill and And please ask for it for a good vote. Mr nor from committee members. Say none thank you Sir appreciate your time Mister Eric Higgins are you still in the rooms are. Mr Higgins you like to the you're signed up to speak for the bill steps lead down the table dented by yourself for the record Americans Pleszew county sheriff I just coming in to support the bill just stating aye aye Mr Ryan has mentioned that I think this is very important for the community of our relationship with the community as they look toward law enforcement to except there there recommendations for us and I think this helps us to continue to show to the community that we are holding each other accountable and we're leaning on Callista help us to do that. Ladyman Leding you're recognized for a question. Thank you Mr chair. I like the bill but I got a question How would I mean would this be the training be done at the academy would what do municipal police departments think about this I mean are they gonna have to send all our officers to the academy is going to be done in the cities what's the cost to the cities that thank you for questions counties yes thanks for questions at each each agency quest requires us to do annual training and this will be added to the annual training that is done at the at each municipality or a county facility. It I don't I don't think there's any there's no increase in cost is we have to come together to additional training and so this is one of the topics that will be training on. The representative Gonzalez you're recognized for a question. Thank Mister of so you said this will be added to the premises is additional hours of training or will something else be replaced with a string this is part of the the lesser choirs a certain number of hours at last County sheriff's office we do over the required hours we do forty two hours of training every year so will incorporate this into our training. So is that the divisional hours it may be additional hours say somebody back there shaking her head yes all right thank. Any further questions from committee members say none no one else is signed up to speak for against the bill. Representative Christian you're recognized close to your bill. Committee as you heard this is a good bill we needed for the state it puts us on the cutting edge and we really appreciate that would appreciate it very good vote representative creation to close with these bill watch pleasure of the committee have a motion by representative Dotson of a do pass any discussion on the motion saying none all in favor say aye All opposed say no congradulations representative because your bill is passed thank you Mr chairman thank you Committee. Representative voted no the I know he had to go to another committee meeting and then appears back in the room or not. Representative Penzo you in the room. The representative Collins are you in the room. Okay we'll go back up to our committee members and representative Ladyman you're recognized to present your bill sixteen fifteen. Thank you Mr chair. members This is an election bill I would title list says requirements of local officials location of polling places and voter registration so what this bill tries to do is to address some things that happen in some counties during the last election just to improve the efficiency and the integrity of the of our election system. I also call is a bill to reduce voter suppression and maintain voter integrity incorporated towns in second class cities and what I mean by that is I believe some of our small cities have the the residents of those cities have faced difficulties or more difficulties in casting their vote. When we've implemented voting centers and some other things that we've done in the past so to make it easier for folks in small towns to vote that that's the purpose of this bill it has five sections. section one is an exception for small towns and communities. And what it basically says is that a vote center that serves G. agreed geographic area with a population of less than a thousand qualified electors. Can have a elected officials who are married to or related within the second degree of consecuencia to a candidate running for office who is unopposed. The problem here is many of the small communities have trouble getting poll workers you all that represent rule areas know what I'm talking about That they can't get poll workers because this rule is so expensive in a small community where there are a lot of people related. So what this would do is they would give an exception to the small communities of a thousand like doors or less. To where an individual could work as a poll worker if their relative is running for office unopposed. So it's an exception to that rule just for communities that serve less than one thousand electors. And I have at least when I get to cities in my district that are that fall into this category so that's the first thing. The second Issue that this addresses. It says a polling site should be established in all incorporated towns and second class cities which have passed an ordinance requiring a polling place. The city is required to provide a suitable facility for polling place that meets ADA requirements and has adequate internet service so what this says. If a city passes an ordinance to have a voting a polling place in their city. Then they're allowed to do that. the issue here that was raised to me and to me it's a ballot issue. People want to vote for their city council members and their mayor and they're J. P. in their constable in their city they don't want to go to a bigger city which maybe ten or fifteen miles away to vote for their mayor. And that's what this would allow but it would only be in cases where that city council voted to require that boating center so it's an opt in not opt out. section three. deals with absentee ballots and it's just verification of absentee ballot ballots so it requires poll workers to check the check voter with the electronic poll book to determine if the voter has requested an absentee ballot if voters signs form is not truthful about requesting that absentee ballot he may be guilty of a. The look of perjury that's in the current law. but what it says is if you request an absentee ballot when you and then you go to vote maybe it got lost don't know what the situation is but that poll worker is required to check to see if you got an absentee ballot if you did then you can you can file a what's it called. Contested ballot. In a hole that for later but but all the Senate does is address the problem of someone who might get an absentee ballot and vote and go to the voting center and vote it tries to address that issue I don't know with this big problem in Arkansas has been in other places and I'd like to be proactive on that. That's basically it does a lot in this bill I have reviewed this with secretary of state's office the state Election Commission and at least a couple of county election commissioners none of them had an issue with this bill. So with that I'd be happy to take any questions. Committee members voted presentation by a representative Ladyman any questions representative gene you're recognized for a question. Thank you Mr chairman and I will be asking followers but I know to ask you. Thank you Sir. Jack you internet yet as. Of. The remote refresh my memory. Second class is a city with a population ratio of twenty five hundred or less could be up to three thousand in rare instances do we have cities that are that big they do not have polling places. We have cities that are less than twenty five hundred that do not have polling places okay I don't know in that two thousand three thousand category okay all right follow up. In the okay of. The other questions. Of this the of cities counties and cities support is. Miss billion flotation Arkansas county supporters bill I sent this to the Municipal League and I didn't they were neutral on it. Okay so in order here we'll find out follow up recognized all right of. On the onepoll unopposed if you are unopposed in a primary. But have a general election opponent. Are you are it is that consider you being unopposed or relative can for work other words you don't have a primary or it is your bill dealing with if if you if they want to work the may primary and their own opposed but they have an opponent in November. What what consent or you consider monopole differ just unopposed the primary so that relative could work in may or if they did have an opponent period they can't work on any of the election cycle. No I this is the way this bill is written my understanding that. It applies to the current election so if you have a relative unopposed in the primary implies that election okay but if in the General implies that that election but it's not a full because all we hear about a full year okay thank you thank you Mr chairman. Other questions from committee members. We have anyone signed up to speak for against the bill representative Ladyman you ready to close with your bill yes thank you Mr chair members I work with the group on a lot of election bills to make our elections better to improve the integrity of our elections I hear people occasionally say well I don't know whether I can trust that my vote is my vote in this cast and accounts so all this bill does is try to make that better and get people to believe in the integrity of our elections so I would appreciate a good vote I would make a motion to do pass. Representative to let let him is close with the bill you made a motion of a do pass any discussion on the motion. Playing none all in favor say aye All opposed say no congratulates representative later when your bill is passed thank you Mr. Representative wouldn't. If you would you would just have cities in the table you're recognized president house bill seventeen seventy nine. Thank you Mr chairman and the. Committee. What seventeen seventy nine is a bill that I hope all of you have been waiting all of its several members expressed to me the concern about vacant positions throughout state government. that are over two years old. And what we're attempting to do here and I will make it clear is not intended to penalize any agency keep them from having an adequate staff that they feel but when you for positions of date back to twenty twelve twenty eleven we found one that dated back to two thousand and eight one of date back to two thousand and nine so what we attempted to do was to deal with that and the the response that I've heard from most of the agencies has been very favorable in fact for your information due to the questioning that we put forth a during the budget hearings we've already save almost four million dollars for the taxpayers of Arkansas relative to seventy positions and average salary of of of forty five thousand within additional calls for the B. D. which is another matter this is interlocked is we all know with this bill today. This is got to be addressed. we we have is one agency head shared were maybe we've cover played a shell game here and we need the reality of one if we're going to we're going to take care of our employees which we have that responsibility to do if we're going to take care of them we need to be sure that that the of the terror benefit program is actuarially sound at all times not when we have to put in thirty million or twenty five and whatever it takes to get it current but let me other will dwell on it very long but let me give you a chronological order of what we're asking for in seventeen seventy nine OPM will identify all positions of state agencies that have been vacant for two years or more and provide a report I believe by the June fifteenth provide a report of those positions to a L. C. or J. B. C. whichever is meeting during that time the identified positions will be frozen not be filled during the interim period before we me agencies may identify a certain frozen positions and bring them before the A. L. C. and request that they be frozen and approved to be filled during the interim period so the senator US secretary graves expressed concern to me in a conversation we had a phone relative to how this might impact them if they had people that they were going to hire but they didn't get it done but this this will take care of that amended and it also also about the state police captain Tosh of relative to being able to fill positions if they might become available with personnel of fill those with positions of doing fiber opium is vacant for two years or more are not approved to be used during the interim will automatically be shown as positions to be eliminated during the next budget hearings or session cycle so in other words we will you willow exactly where we are relative we have now we have approximately at the last report we received in the personnel committee approximately seven thousand vacant positions of those above thousand or twelve maybe fourteen hundred or or or Two years or older lost my train of thought imagine that. They are they are over over over two years old so that is the reason we need to look at this of agencies mail delivery of the positions during the annual that are no longer required the the agency and request the position to be frozen for the remainder of the fiscal year and shown as positions not requested at the next budget hearings or session to me this this really this gives them the latitude and the ability to say Hey we've evaluated on they have to we'll what we don't necessarily have zero based budgeting we you or requiring them they're gonna have to look at each and every position every budget cycle to be sure in the interim if they need help if they can show to the personnel committee of either A. L. C. or J. B. C. if they can prove that then those positions will will be accorded to. And then the last four of the bill to me is one that is important as our mentioned earlier relative to the B. D. of the in the positions it creates a task force that will look at creating ways to increase efficiency and transparency in the study budgeting process elimination of unnecessary positions now through the hearings of luck though we would like to share and we were able to say four million dollars so those the opportunity is here this is this I think this is what hold anyway everyone has been waiting on to do and to take the time to look at these positions individually we're not we're not denying the agency's needs or anything what we're doing is we're say Hey let's look at these positions let's be sure that we're in the everyone of them with the. Mr chairman I would happily answer any questions. But your representative to vote any questions from committee members representative Wardlaw you're recognized for a question thank you Mr chairman representative would not commend you on looking at this I've actually care sticking around my pocket that's a been updated every single fiscal year with the open positions an amount of money that goes a what's that regularly and have for almost eleven years. But looking at this you're creating basically a whole new committee you're gonna task force why would we not use the personnel subcommittee avail C. since all this is going to report a or C. anyway it's that way online Page two I believe it is but on page three starting line twenty three line thirty on page four you create this whole new rocker C. I guess is what I'm trying to get to to look at this would you be amenable to looking at just using the personnel subcommittee and having those departments report to the act subcommittee so we can use what we already have in place to make sure we achieve the goal did your bill light lays out. Well I would that the I guess one of the world the reasons that we set that up representative Wardlaw log that was because of the workload that the personnel committee may have I don't have a problem with that we tried to spread it out among state government for the office of transformation opium and others to be on that task force that are closest to what we're attempting to deal with but you know I don't have a problem with it is will of what the what the committee would would want to do but our primary concern here was this group would be charged with this is not an ongoing thing is just a matter of looking at it coming up with recommendations because it'll expire. But you know whatever whatever the will of committee about the is would be amenable follow. Represent voting we have we have a lot of committees a lot I mean I don't know that everybody realizes how many committees and subcommittees we have and create another task force. I've kind of spent my last five years of here doing exactly what I'm telling you right now on other bills and I just think we have all these committee set up they're already set up to the purpose of your bill we already have a personnel committee I just think that committee should be utilized those are folks that are familiar with personnel issues they're making all the personnel classification changes so forth why why not send this to them and then in your bills specify these agencies have to have these reports on this date of this month so that that committee can process them in a timely manner to get your recommendation back to council. That they would be fine with me but the main the main the main objective of what I will do is I just want this looked at I want to study it because of thank you as you pointed out it's something that needs to be washed it something that can be fruitful for more efficient and more transparency in government sure enough as it relates to the B. day but this that the will of the committee agreeable to do that if we have to if you won't if there's the desire thank you weakens the the effort in any way I was just concerned about the workload of the personnel committee but I am fine whatever you all would like to do thank you Mr. Thank you representative will be recognized for a question. Thank you thank you Mr and if so will not thank you for bringing this bill because I think I mentioned it to you I mentioned something like this to you earlier in regards to. see and what was out there and and how we can efficiently do this My first month but one of my first concerns hi I'm going to I would say and it's not really a big concern because I think I guess the task force can work this out was was about the the the EBT situation where we have. positions out there that are paying insurance on them and in the end you know but just in the budget I guess for for these these agencies so that they can really instead of doing the cost sharing mechanism which they're doing now is actually bringing online what they really need to operate those those agencies so have we accounted for this for that that PC in this bill we we thank you overrepresented Wardlaw and some others have been looking at the B. D. situation. This one with a dress that because it have to when we go to church of limiting positions but the agencies would have input relative to it but you know. Folks is to be honest we we we got to deal with the B. D. do I mean we don't have it chose. Hello understand here's Love simplicity evaluation of if you will we know is going cost from actuaries we know is cool because XML of dollars in insurance premiums. If you've got to thirty five thousand employees divide that dollar well thirty five you get the protocols permanent employee. We know how many employees or it AJ each agency so why couldn't they just say we've got five hundred agencies we need X. number of dollars and show within the budget if you will show in the budget as a line item for. Benefits for employees. Me understand the background of this and but you know this is been going on for twenty five years and we just need to face up here's one of the war I'm afraid we're going to find yourself in the same position. We did several years ago with the teachers. And some of their premiums of their contribution double. And they're still paying that to the. So we need to do our best if it's possible to avoid that so thank you your your question yes it will address that that'll be that will be part of it now. did you pull A. L. C. or the or the General Assembly may want to come down to dealing with the media the cost independently but yes I think this'll forces to look at it okay thank you thank yous workforce but. The Committee related man you're recognized for a question. Some question representative Dotson you're recognized for a question. Thank you Mr chair representative food and I just want to put a comment that that I kind of agree with representative Wardlaw that we probably need to have personnel subcommittee deal with this and just want to put that in there for you thank you the Bill. Whatever whatever you desire is. Representative did you want to go ahead and continue with a committee as far as taken up or down vote on this or what do you will you you're the sponsor of the bill what do you. if I'd like to get out of here today so the BLR could war work on the work on the amendment to change or its the the the the at the direction of the personnel committee of J. B. C. or or a A. L. C. which one you want to put it in Wardlaw you're recognized said Mr we have other bills are on correct. Correct. Representative voted if if you want I'll work with you very quickly get an amendment here and we can get this run today with the announcmenet well this phone number you will not get it. Representative routing of representative will allow you to get your amendment and then bring it back before this committee will. At that time thank you thank you thank you Mr chairman. Committee members next item on today's agenda we're going to. We're moving around on the agenda is right to get some of the committee members two other committee meetings we'll hear house bill eighteen. Sixty three. Fifty correction fifty three representative Gonzalez you're recognized to present your bill. Thank you Mr Committee on let so Lester Smith and do some self and he's going. President this bill record if you would just and interdictions up to the committee I thank you Mr chairman members of the committee my name is Sylvester Smith and I'm a local attorney and I business advocates and thank you RepresentativeHouse for working with me on this I first of all I want to say that this bill is really a reflection of the wonderful work that represent of war law under the members of this committee have done on state procurement in the primary thing that the bill does number one you see the preemption language what it says is if someone wants to manipulate or change Arkansas procurement law they have to do it in the P. procurement code to require them to come before this committee they can't hire some hide something excuse me in higher ed or agriculture something else you've done the hard work of modernizing our procurement code and so if someone wants to change it they need to come here bring that bill before you and if they don't then the procurement code that this committee has worked so hard to establish would preempt that new section of the code that they hit elsewhere. Of this section part the second section is really a commonsense cut type of deal Secretary fit your and her team of procurement they've done a wonderful job creating new procurement regulations they've got experts in the field at her agency so what it does is it allows state agency staff people and bidders to approach her agency we questions and get a written opinion presently there's no mechanism under Arkansas law that allows or agency to give what we call an advisory opinion and so if someone is confused about what the law means if they're confused about a governing date that controls and if incident like when they have to respond to something her agency is not authorized in Arkansas law to give them and a critical opinion that would be binding regarding that information so that's with section two does a section three requires that for example anyone who wins a contract award if someone else wants to come along and challenge that this would require that third party individual to give notice to the winning bidder and so it's fundamental to due process that if someone is challenging your interest in something they need to at least give you notice and inform you that they're doing it the final section section for. The establishes that in that instance when someone wants to challenge a contract award that for example let's say I win a contract right now under Arkansas law a representative Gonzalez was a challenge that because he thinks I'm the worst guy on earth he can write a submission to a secretary fetches agency as a looks of us has a terrible guy he should be allowed to do business in the state with the state under current law I have no right to respond to that and so I'll give you an example where I was involved and I was actually on the other side of this I had a client to want to protest the contract award it was a significant one and I was able to write a four hundred page opus I believe is the most beautiful thing I ever wrote about how that company was just the worst thing ever they they were Dalton scumbags and technically under the law they had no right to respond and even as the guy that was able to do it to them I think that's fundamentally unfair and so this would clean that up and and I want to say also the Secretary Fitch and her team they modernize some of this and that this last issue is presently in the regulations I wear a a vendor who was successful could respond to a protest the regulations can be here today and gone tomorrow in the new administration they may not have that same vision for equity the Secretary fetching her team happened so this provides clarity and fairness to the code and I've worked with the University of Arkansas System and some other third parties it has some questions and there's no opposition as far as we know it so it's just a good common sense bill not be happy to take any questions that you would allow. Your term committee member representative level recognized for a question. Thank you Miss Mister chair and and Thank you for the testimony I guess I just have a something a clear fine he went over section three and you said that the person into submitting the protests. Do they make the notice you said make the notice to the person that that I guess they're making approaches to unknown the person is wanting to be it yes I would they not make it the protest to the secretary's office that thank you represent love as always is a great question just for me to clean up the way the process works so under the Arkansas procurement regulations if you want to submit a protest you submit that to Secretary fetches Office and so let's say representive love again you're you're you're retired from state government you you are now gone after a contract you are awarded it and I for some reason don't want you to have it I will send that to fetches Office but right now I don't have to provide you a copy and so that's not appropriate we ought to have to let you know Hey represent Lovell going after your contract and then you should have the opportunity under law to response fund okay aren't thank you all right thank you Mr. Follow up and I guess this this might just be to the agency in the last section on the last page line twenty one. a response of a protest admitted under subdivision shall be submitted in writing within five days of that person of the data that person is that is that apple time. I I represent love. I don't believe it is however I would say that previously members of this committee I have had concerns about extending that process out too far and so that five days is consistent with what I believe the direction of the General Assembly has been in the past and so what I would suggest is that we try this for the next two years and if people have a problem with that period then we come back in and report that to you it's and ask for more time I would say it's doable but but it it is going to create a challenge okay and this yeah I I thought that that wouldn't be ample time but okay thank you. Say no further questions from committee members no one signed up to speak for against the bill. The representative Gonzalez you're recognized close with the bill. The past. The president Gonzalez is close with the bill is made a motion of do pass any discussion on the motion. Hey none all in favor say aye. All opposed say no congradulations bill is passed. Committee members will be passing over house bill thirteen sixty seven. Next up on the today's agenda be house bill sixteen fifty five representative Penzo you're recognized present your bill. Thank you Mr. So house bill sixteen fifty five I get feedback from you all last time around it made some modifications to it currently the Bill. all we did was currently under state law municipalities can have of partisan elections if they run resolution to make them partisan local control was brought up so this bill all it does is talk of the default from Nonpartisan to partisan the city's can still run resolution to make elections within the city nonpartisan some people say you we can already do this why are you making this change talk to several legislators better outside this committee and the they're like I asked my said you know that your cities can do partisan elections they said no I've talked to many city councilman remembers the mayors and asked them if they knew they could do that and they didn't know they could do it either when I was on city council I didn't know was that you could do it. All I'm trying to do is provide some transparency if if the residency the city council passing a resolution stating they would have nonpartisan elections then it's out in the open that they're making that choice. I just want the people to know and have the option to reach out to their elected officials and say we we're we we do or don't want partisan elections because nobody knows it's even available to him right now so there for this bill is just to try to increase transparency and allow citizens to know that they can have partisan elections. The questions from committee members representative to make sure recognized for a question. Thank you and thank you for bringing this on our back question I have is if the governing body decides to go from partisan to nonpartisan I'm assuming that a future or city council could then toggle back and go back to partisanship is that is that the case and I noticed in the the bill here so something about resolution shall remain in effect for only two years can you kind of go over that with us yeah that's correct so they have the option to every two years to decide if they want to remain partisan or go back to a non partisan election that way when the new city council comes in if there's different members on the council and they want to have nonpartisan elections and that's what the citizens of the municipality one then that's what the elected officials should do to represent the wishes of the population a. Of the city thank you. Further questions from committee members. Same time we have Mr mark a signed up to speak against the bill. Faith you would just absolutely on the table densify yourself for the committee. You're recognized to speak against the bill. Thank you Mr R. markes on the executive director with the municipal league practice municipal law for the league for about three years before it became the executive director a two years ago I had a whole bunch of notes you have a had a very long session you have a long agenda saw cut right to the quick this exact same bill House Bill twelve fifty two was heard in city county local affairs last week it was soundly rejected this is a solution looking for a problem that doesn't exist the current state of the law is that citizens and the city council can in fact hold partisan elections if they choose to do so that resolution stays in place forever unless a future city council changes the back one of the things that representative Penzo said during the city county local affairs committee meeting was that people forget they don't know that they can do it so the same thing would hold true here in reverse what I will tell you is that I was one of the things we pride ourself on is keeping our membership informed so I was very concerned after the statements were made that even city officials don't know with lots of people don't know so I went back and look at our training information and our election information going all the way back to when a representative Penzo was a representative I was a city council member of Tommy's out we do election article every election season on the second page is the entire statute the first paragraph of which dealing with this states the law as it currently is independent unless they choose to go partisan that has been taught in seminars to that have been attended from anywhere from five hundred to a thousand people we have gone over it and over it. There are five hundred season two thousand this state there's no way that all of those city officials are going to know all of those things all of the time particularly when you have turnover I'm happy to take any questions we remain adamantly opposed to the bill. Questions from committee members. Senator because they can repair chair thank you you're recognized for a question that's good to be here I'm sorry I missed the beginning of what you had to say and I obviously only because not much different than it was last time okay. I'm familiar with the bill I just in terms of what you had to say at the end what is it that you're saying that city officials will be able to determine. no that's not what I I said what the one of the things that the representative said in city council last week was that people forget that they have the ability to go to personal excellence and all it said is the same thing would be true in reverse here. Thank you. All the questions from committee members. A deduction you're recognized. Thank you Mr chair Mr raise this question I have for you we we have this. A similar version of this before is amended in hearing you testified against all talking about local control. I think towards local control over used maybe maybe even local control is used This this Bills ultimate now in our local control it gives the city council the local control every two years to decide what type of election they want and as as legislators as a former city council member myself for several years I know I never knew that this was an option available because it never came up Often times as legislators we forget some of the things that we can do if they're not in front of us on a semi regular basis so with regards to turn over councilmembers. Probably can serve ten years or twenty years and never even know they have this authority This would give them that ability and then also include transparency in that I'm kind of amazed that you're still opposed to local control. I'm not opposed to local control that's what they have right now it's not broken it works there's absolutely no need to fix something that works they have that control if they want to do it we have cities that have been partisan for ten fifteen twenty years. Thank you. Representative never recognized for a question. Thank you Mr chair of the strays. Just. Clear all this up I mean I was on city council for four years before I came down here maybe. I'm the oddball crazy former council member I knew about this when I was on council It. It never came up really because it it's it's a non issue in my area but I understand that. That other parts of the state or different I'm all for local entities having control just for the record we and and maybe do the second go but we walked us through the process again right now of what a a local municipality has to do to have bars elections yes Sir they passed a resolution before filing deadline. Thank follow up Mister recognized there's no there's no need for a a referendum to the citizens no Sir simply city council passes resolution yes Sir thank you. Committee members. Thirty nine thank you for your time thank you Mr chair Jean no one else is signed up to speak for against the bill. Representative Penzo. I did mention that also added to there was a recommendation that all the cities to. The legislation because it was only a mayor council form of government sweated other two forms of government as well it was mentioned training I'm in that I've been through some training I probably one of the only. The city council members from Tony down that ever went through all of the municipal elected municipal official trainings with the municipality can appreciate the training and most missed section said the X. I don't remember being told that we could do this so but anyway it was brought up to it I've said that people forget will it's not just forget and I don't know that said that it's that they don't know like I said I've talked to several of and you can ask yourself I know more the representative stated he did know that but did anybody in this room you know just ask yourself did you know that they could do that and if you didn't know that then well okay. if it's not if it's not broken don't fix it and it was stated and I guess we shouldn't make it better if it's not broken the Amendment I don't know why we wouldn't try to improve the statute here so all I'm saying is we're just looking to make a better increase transparency if it does the exact same thing that it does right now but improves transparency why would we not do it I mean if it does the exact same thing. But improves transparency and it's a little bit of effort on the city council to do resolution every two years just so the people know I don't see why that's a big issue so with that being said I just to appreciate a good vote for transparency. Representative you Penzo as close with these bill what's pleasure of the Committee. I have a motion representative dodging of do pass any discussion on the motion. Saying none all in favor say aye. All opposed say no. Who knows added to bill has failed she won an essay to hand madam Clark call the roll. Representative Meeks. Representative gene so. Representative love. Representative Deffenbaugh. Representative Wardlaw. Representative Wardlaw. Representative Cozart. Representative Dotson yes. Representative Miller. Representative Whitaker. Representative Payton yes. Representative Ladyman. Representative gray. Representative gray. Representative back. Representative speaks. The representative Richmond. Representative McCollum. Representative Johnson. Representative hawks. Representative hawks. Representative Gonzalez. Representative Gonzalez. Representative pending bill has failed thank you Committee thank you. Committee members next item on today's agenda. No we joked around a little bit this will be The representative. Watson are you in the room. There was. Representative what should just have stated in the table. Committee member representative what should be present in the House bill or correction Senate bill two ninety two. Senator Rapert or you here would you like to have say ten the table you want to. Committee members we have a we have an amendment. Amendment is being handed out at this time. We have a motion to adopt the amendment at the proper time representative Watson. It was just another second here and you can. Presenter amendment. The what junior Bridgeman recognized to present your amendment thank you Mr chair committee members. Helpless bill the the last time three four weeks ago there were there were some questions on how the program would be administered and more than certain that this amendment right here all Senate bill two ninety two addresses is real quickly that is created within a part of public safety the public safety with a grant program to be administered by the Secretary part public safety secretary may hire personnel necessary to carry out the duties of administer the program secretary shall establish a grant review committee to evaluate applications and to advise all the awarding of grants under the program. The great view review committee shall consist of a law enforcement officers and other interested persons as determined by the secretary it consultation consultation with the great you review committee The secretary shall award grants of the program to law enforcement agencies detention centers and corrections agencies for quick but the aids in improving trust in relationships between law enforcement agencies detention centers and correctional agencies in the community communities that they serve. Committee members heard a presentation of the member we have a motion of a. Do pass by representative makes only amendment any discussion on the motion. Say none all in favor say aye All opposed say No representative what you remember those been adopted you know present your bill as amended thank you thank you Mr chairman. Established in the public safety equipment grant program it'll it is we know implement the best policing practices improves trust between law enforcement officers in persons in the communities in which they serve in Arkansas the task force to bats a state a law enforcement in Arkansas specifically recommend that law enforcement agencies in the state of Arkansas seek and apply for federal state and local funding opportunities to aid in the implementation of state of the art body cameras as well as adequate service storage to aid in better surveillance surveillance for all agencies. Specifically the task force advocated for funding legislation that helps us to ensure that all front line duty officers will be weird state of the art body cameras by twenty twenty six other nonlethal forms of Quitman including but not limited to conduct an electrical devices Wrobel is pepper spray a bullet proof vest are all essential to protect the lives of police officers and those in the community they serve many things a are listed here again a lot lot of non lethal and and that's what is about to improve the serviced between the community and all law enforcement agencies and this is a. This is basically what's what's going on with this legislation. Questions from committee member representative Jane yet you're recognized for a question thank you chairman of president Watson. We have an appropriation came through that was forty million that could be set up for grants and other stuff is just a companion legislation for this. I'm gonna yield if if you don't mind to Senator Rapert okay to dress up. Thank you representative Jean yes all this does is set up the framework for the program literally nothing happens with it financially less that appropriation bill is is fully funded so we did pass the appropriation and if there's any adjustment or anything's needed for that free LC I think we can handle that with an amendment to the appropriation bill if I'm not mistaken I've got a follow up if you're recognized and refresh my memory on that bill I know that I know that was for donations and grants can general revenue coming to that all the cash funds only it can accept any funds for Levi sorted even stated private donations as well so very good question I appreciate your clarifying that because this literally just set it up and we as you know one of the back the blue bills that we brought up to be allowed for grants follow up recognized the only amendment is says the secretary may hire personnel necessary to carry out the duties of. What does that detailed I mean are we talking to several people one person of what is the it may not be may not be that for what is the salary level for these people or person. Well on that And less unless representative Watson as anything else a lot of this is permissive language for them I had I doubt frankly that they would need to hire maybe even any personnel but I think is given the ability you know secretary has a lot of duties and so she needs to assign someone to be able to help with this especially now that the committees being put together so if she has any comment she can speak to that but I think it really is meant to be permission language if she was needed to work at the proper time secretary cook come up to speak this is the health. Thank you at the proper time. It could be reduced to notify you set for the committee please good morning committee I'm Jamie cook secretary for the Arkansas department of public safety I've asked or fiscal session to analyze the US we don't feel like we would need any additional personnel if the amount was small obviously the more money that goes into this fund the more grants that we would have to work we have to re evaluate that it's really going to be dependent on how yes this is funded and how much. You're recognized for a question. Thank you Mr chair in. That has a whole lot I think I think I'm supportive of this bill in in the spirit of what is trying to do but on page two in. Line Katie is kinda where I see not not up in the Secretary thinking I need you to stay there because line to a line thirty five it says other equipment is deemed necessary by the Secretary. Okay. No representative Watson you had a bill. Not that she ran I guess a week or two ago in regards to a license plate readers. And I think that the secretary was in support of that bill. For a license plate reader so can this scan these grant funds and the use term to purchase equipment for license plates plate readers the issue is your question representative yes. I am going to hold up that bill PR the license plate reading bill for right now. Okay more study but the the day answer your question if I was going forward on it the answer is yes okay so recognized representative love I'm sorry thank you Mr I guess that's where I guess I have a kind of issue with this bill because if. If that's the case the other Quitman is deemed necessary by the secretary if the secretary deemed it necessary that we by the license plate reader equipment then we could purchase it through this phone. If that yeah I mean it because I'm reading the bill this is how I read this. I yes Sir thank you representive love the committee would decide what the department the department's would apply for what they believe that they need in the committee would decide if that night that was need if they want to define okay that's not how it reads it says other equipment is being issued by the secretary if it's other equipment is deemed necessary by the Secretary that's within the law an amendment specifies that a committee will be formed and that the all these decisions will be made in consultation with that particular committee so are we scratching recognized representative of okay thank you so always correction we scratch in this instance the necessary by the Secretary out of the bill I would hope not because I would think that we don't have an inclusive list here and so if there's something that we left office not specified here this language allows the committee and the secretary to make that determination okay thank you. Thank you. Say no further questions from committee members we have two people signed up to speak for the bill. Mark with more your roof recognized. Okay. M. road if you still like to speak for the bill or. Yes are not working with the thank you okay. Okay you know no one signed up to speak for against the bill. You have a question hello okay hi read represented Watson you're recognized to have closing your bill Mr chairman I am close I appreciate a favorable vote thank you. Okay representative Ragin is close relations of the committee representative that can have a motion. I have a motion by representative back but no passionate discussion. As amended as amended thank you very much committee. any discussion on the motion is amended representative level recognized for discussion on the motion as amended okay so so thank you in in one of the the reasons I point that out into the license plate reader is is something that I just take issue with in regards to the pricing and the I know this committee made in spirit support this bill. But the description in regards to the line thirty five Page ten it's where I just take issue with the deal because if if we are saying I mean of course when we can vote for the license plate reader or against a license plate reader but these funds can be used to fund license plate readers if we pass this bill period. In so. It in that affect the I'm I'm not going to support this bill because it is written into law the other equipment is deemed necessary by the secretary that would be a concern with that I'm not going to support this be I supporting its beer but that that that gives me an ex right and then just that line thank you. Okay representative Levin is Spokane on the motion of do pass as amended representative Wardlaw. I too have a it's about the license plate readers so I'll be with representive love on on that just wanna let me know I'll be a no vote because of that section thank you K. anybody any further discussion by committee members on the motion. The Bill pass as amended. J. none all in favor say aye. Rinpoche matter. Graduation representative Russian your bill has as amended has passed thank you Mr thank you committee members. Representative because as you come in the room. I have stated in the table. Representative because they presenting Senate bill five fifteen. Senator Clark represented to college you're recognized to present to your bill thank you Mr chair as mention This Is Senator Clark bill with this bill the centers want to put a cap on what we're charging inmates for phone calls obviously with for an inmate in the prison or jail there's only one phone provider it's a monopoly so um this is something that can kind of put a reasonable cap on something that can be very high charge that's usually paid by the inmate's family back home rather than the inmate obviously who is incarcerated so what the bill does as far as how he hasn't laid out is it the Interstate out of state phone calls are already regulated by the FCC that such twenty one cents a minute for debit or prepaid calls twenty five cents a minute for collect calls this does it take so that CC out of state calls and makes at that level for the in state calls so it just levels after the in state calls that's what it does for the department of corrections community corrections the shares had a little heartburn about the bill is initially drafted and so they said they came in on the Senate side and testify that they charge around twenty to thirty cents per call the little bit more variation than the department of corrections many corrections so Senator Clark amended to just say it's gonna be capped at the higher of the FCC level or thirty cents which is the highest level that the sheriff said was their ranch so after that amendment shares didn't come in and speak on it and and so far as I understand they're good with it so that is sort of a the what the bill does And after take any questions. Heard a presentation a representative college any questions from committee members. They none no one signed up to speak for against the bill representative Colin you're recognized closing your bill close for the bill thank you senator Collins is close with the bill of rights pleasure of the Committee. I have a motion of a do pass by representative would occur in a discussion on the motion. Saying none all in favor say aye opposed say no congratulations your bill is passed thank you committee members except item on today's agenda. The legislators that are non committee members. Non committee members. Representative million you know that your are you still there do you want to present your bill. Thank you Mr chairman actually Mister chairman of this is a bill I wrote a couple weeks ago we pull you allow me to pull it down I thought that we had addressed all the issues my mistake up missed everyone of a certain group with this bill so I need your blessing again to pull it down and to meet with them and and try to get all this worked out then we'll be back we'll put you in the next week's agenda just let me know when you're ready to run the bill and we'll have you back before the committee thank you representative Milligan thank you. Committee members going back to today's agenda will go back in order now. representative Johnson. All right is showing the. Okay a representative representative Dotson. This body senator Wallace is bill Senate bill two eight eight. Representative dodging you're recognized president Senate bill. eighty eight thank you Mr chairman or the committee this bill Is if you'll recall a couple years ago we had a couple of rather large bills one regarding a a at regulations rules terminology and the other one was transformation is those both of those acts of twenty nineteen. I made a bunch of changes within the code but when rules were being adopted it didn't require the rules to be changed immediately just as they came across the men code we ran a a subsequent piece of legislation to allow rule at anyone who is just changing the word regulation to rules within their rules to do that all at one time however those were agencies that were under the APA process and we missed a few agencies that would don't fall under that A. P. A. process what this bill does is allows all of those agencies alike AT Q. the don't fall into the normal rulemaking process to make those technical corrections within their they're rules that there would be any substantive changes within the rules but it only in those instances where they're changing the word regulation to the word rule with in their their rules to do that all at once without having to go through the normal process just make those technical corrections and move forward and there is At. That that's for the rules part of it and then also with regards the transformation there's other certain certain other terms that Would make those that those terminology changes within their rules I do have eighty Q. here if there's any questions that are more in depth than what I can answer but that's basically what the bill does And not shall. Any questions per buying them to the end of the table any questions by committee members. Say no questions from committee members representative Dotson you're recognized because we will I'm closed the commission do pass representative dodging close really Bailey make a recommendation a motion of a do pass any discussion on the motion. Saying none all in favor say aye All opposed say no graduation your bill is passed. Senator Rapert you're still in the room I apologize out the I didn't see you I would've we did that back to back while ago so if you would just have say we we would be Senate bill three forty six is that correct Sir. The representative back. Representative will not get you in just a moment. Thank you Committee. This is a bill that we pull down You guys allow me to pull down the DYS working on and I appreciate and I really feel like we have a much much better bill I want to thank the Senator Rapert and association the counties they they after our last meeting we got with a lot individuals that were able to address those issues we had a meeting last Friday at that meeting the press association of broadcasters association representatives from the foyer group as well as shares were all there to talk about the amended amendments that a great upon amendments for us and what you have in front of you today is is it's the members have been engrossed into the document so what I'd like to do is just kind of hits of the high points of things that we amended and it. if you remember there was there were some concerns the last time related to the equipment and supplies and maintenance costs and so on so forth it you'll notice that the amended document has that that removed out of it to address those concerns we replaced the fee there were there was there was some concern about the fee which was initially we were charging we were so okay the you get three hours if you can if it can be produced in three hours you get that free after that we were going to charge fifteen dollars an hour for additional personnel and equipment to. one of the issues that we had some the people and I think it but it's actually makes it a much cleaner bill is now we're charging twenty dollars for production our but we're also maintaining that initial three hours of of a quick minute personnel time free. And really I really push for that and I in the result push for that is because I found out and I wish other boxes the committee last time when on this but about ninety five percent of all of the personnel the the average citizen's request for information is addressed with that that for a period of three hours so so there were some concerns that we were trying to close down for you a little bit here we're not ninety five percent of the people are just fine anything over that then you just go to the right of a twenty dollars for an hour of production. And with that is the director let's add something. Mr chairman thank you and I appreciate the committee for a let me candidates even those that were making me smile off off to the side here said you do realize I'm on camera here you can make me smile. But I'm all I will say first of all as I do appreciate representative back in absolutely all the stakeholders what we try to do down here is to make sure that we hear people and hear their suggestions and their input and that's what they've done absolutely all of us here wants to make sure we have transparency in government you will also realize the of pressure the stress on law enforcement agencies and I even listen to all of your committee debate the other day which was very robust it was good and I'm happy to see to know that some of the folks that are opposed to this originally have now said they're fine with it there may still be somebody that doesn't like it but we're trying to find something that's reasonable I appreciate the committee having a good vote on this issue thank you any questions from committee members. Committee members we've got a few people signed up with three people signed up to speak against the bill to people signed up to speak for the bill speaking against the bill is Joey McCutchen country music. I would just have stated in the table you're recognized to speak against the bill Serpe would justify yourself for the committee. Thank you representative my name's Joya catch and I'm from Fort Smith I represent the Arkansas transparency in government group we've got chapters in Fort Smith Harrison hot springs Russell Conway so pretty much or around the state and and I want to first of all say I really appreciate represent appreciate the representative back who who met with us and as he said various groups on last week I guess it was Friday we had a I think we had a good meeting we had a lot of dialogue everyone in a room I think was able to express their their positions I want to first say that that I unabashedly say that that I'm one hundred percent totally for transparency in government sunshine in government any anything that chips away at four yeah is a concern of mine I understand that there's competing interests here and I think this bill with with the amendment has got gone somewhat towards correcting knows I don't that I know we've heard the figure ninety five percent but I guess I would say in terms of sunshine I'm here for the five percent who I think one of the things that my concern is is that never before have we charged for manpower hours and that's of concern to me because I think that it it opens up a a slippery slope When we start at charging the citizens for manpower hours because I think everyone on this committee understands is those public records are are public records that we've already paid for those public records so I have concerns for those people who who cannot afford twenty dollars an hour those people are going to be left out and because of that sunshine is is going to to suffer. In in the bill on on page four one of the change changes that Page four line five in and six and I've got I've got an old old version of mark through but one of our request was that instead of having that read like it does now three hours or less of personnel time and equipment time one of our request was is that that read recording time because I think when we include language in there three hours or less of personnel time or equipment time that we're getting on a slippery slope because if we pass this bill as it is it's it's it'll be this session or next we're going to hear more folks who and who want to charge for their personnel time so I've I've got that concerns as to where this leads and and and I know that that we are providing through this bill three hours of of of free time For the reasons at that have been stated but I'd at we did ask you including Mr Stein but had asked this bill be include Three three hours or less maybe one free hour of recording time is opposed to this objective personnel and equipment time and as I said I just don't think every day our Kansans who are struggling to make man's ends meet some of them won't be able to afford twenty dollars an hour after the the amount of free time the other concern that I have with the bill is keeping there were only keeping some specified records that's on page three on page three lines twenty through twenty two that were only keeping some of the And audio media visual media and audio visual media is only being retained for thirty days I know that there's competing concerns but that's an awfully short time and and that provides concern to me I think bottom line is we've got to be careful about what we're doing to our freedom of information act because before long the exceptions become the rule and we were seeing we saw a bunch in two thousand seventeen we formed a for your task force and we're we're seeing more for you bills this session that affect not only the open records but also open meetings I appreciate the time the committee has given me to talk on this important questions from committee members seven. Say that thank you counsel appreciated. Signed up to speak for the bill is mark read more. For more with more if you would just have stated in the table dented by yourself for convening members you're recognized to speak for the bill morning Mr chairman members of the committee mark Whitmore Association counties and I've got with me sheriff Tim ryals of Faulkner County he's signed up to speak for the bill I think of first of all this is all about transparency because this bill is companion bill the two ninety two. That are sheriff says per the policing task force want to get body cameras but in order to do that you got to dress the storage issues and also address the the notion that extensive FOR request will calls are much important resources like dispatchers and drivers and law enforcement officers to have to be allocated toward very extensive request so I think Mr McEachern might've misspoke The Amendment if you don page for. Lines two through six were actually the suggestion that professor Steinberg offer and Mister representative back in in the Arkansas press association was already good with the three four hours of personal time and equipment times. So what this does is it it does like Mr Stott professor Steinberg suggested is it creates an objective measure because it takes at least an hour to look at the video redacted do all that so we're charging twenty dollars per running time and that's literally what it reads it says. Quests that require more than three hours a person on our Quitman time to fulfill the request to be charged at a rate that does not exceed twenty dollars per hour. On a pro rated basis for each hour of running time of the audio visual media or audio visual media so it's very object so if you take over three hours to produce this not have the share for explain those. We will have to charge at a very reasonable rate of twenty dollars for the running time which is objective and and that would be a correction on a but perhaps Mr McEachern's vote but I could I could have the sheriff explain some of those instances of doubt that that's a pal. Questions from committee members of the. Mr where board chair filed a representative to make sure recognized for a question. Thank you sheriff thank you for being here today the question I have is it seems like some of the controversy here is based on the number number of recordings that go beyond the three hour mark and get into this twenty dollar per hour maximum how often do you have those type of requests that require more than three hours of personnel to fulfill. Thank you of representative makes and and chairman thank you an opportunity to come speak before this committee I appreciate that I can tell you that and we do not in Faulkner County have an overwhelming amount of four is that that that occur within our within our department however we do have them since two thousand and eighteen we've had two hundred and fourteen for you is that specifically was polling video footage audio footage camera footage body cams and so on and so on and if I can I just kind of simple to down to on a scenario here and if I could just run through the scenario just really quick I think this may and lots of people so just example simple D. W.. we have an a in and if I can be back in just a minute a lot of our four years are not necessarily our abundance is not coming from that serve the public it's not coming from the media it's really coming from attorneys and is coming from farms that's where the abundance of all of our for use come from here's an example a simple a simple DWI not be attorney's client necessarily at this point the attorney automatically request all footage to include field sobriety from a body cam vehicle camera footage breath analysis footage booking footage walking the defendant to the sale if we moving from a sale go to another sale he wants us to locate that if that happens within the twenty four hours or twenty four days he may be there and any other footage concerning the defendant during the stay so that also transfers into of radio traffic logs and that list just keeps on going on and on and on here is a in a scenario that is a true story we gather all this information we have an attorney that has requested this we get everything all this information on a thumb drive now it took my patrol commander about an hour and a half to pull the video that would come from patrol sat. the jail commander who is pulling all the general information from our jails is another hour and a half process that they set and go through everything to get it all there are communications commander at our dispatch center nine one one center is about another hour hour and a half to pull all of that then it goes to our director of regulatory services which is my major he takes all this information goes through it and read acts what needs to be redacted puts it on the thumb drive we take it over to unit to facility and with a the name of the attorney who requested it and we let him know it's done and it's over here to never get picked up. Never shows up after all of that effort and things with it this is just wanna currents this happens periodically and so that's where my concern with this and that's why I'm in support of this bill. Thanks any questions from committee members. Thank you recognized for a question. Thank you Mr. Then maybe you could address maybe someone else would address this issue a lot of this information that's being for yet at this point is it available in another means to the to the lawyers of the lawyer that's representing me or something like that they get in another way. Well if if I may just request one of the things that we do get from a particular law firm every time when they send the for yet attached to it is the motion to preserve that goes to the prosecuting attorney and so we get them at the same time so a lot of this I think is potentially there are other avenues to get this information for the attorneys for you is the quickest way what if I can the he gave two scenarios one scenario is a law order fishing for a client. And that's F. alive because there is no case that lawyers have always for all this information a lawyer that actually has a client the represents has the Avenue of going to the court system following motion it was a pain or get a court order and they wouldn't have to pay anything because that's that process but what in both instances the longer that doesn't have a Class fission is using apple Y. the lawyer that can't wait for the process or didn't want to use the legal process is also using math a lot and so that that would be the answer your question thank you very much. The representative will be you have a question. I didn't recognise commissions no Mr we've are you saying that if they go through the legal process that the if they want a more than three hours the twenty dollars wouldn't apply our stops. If they go through the legal process and do a motion or subpoena or discovery they get it free. But for some reason I guess it's their decision they used to have a life. And course they get it three hours so these officers are having to go through all that all that aspect of it to provided through the FY if they use the legal process for the reply through case through an actual case the judge through discovery or through court order or subpoena they don't have to pay that's what you're asking okay thank you. Okay. Seven questions from committee members say none thank you appreciate it also signed up to speak against members better. The representative Payton. Recognized for what reason I'd like to make a motion to end debate and call the question. The motion again you're right we're making a motion to do what repairs we heard a lot of testimony on this the other day and and I was just. I want to move things along in debate. It would be my motion okay have you have two people. We should have two people that have signed up to speak against the bill let's give them an opportunity to speak on this bill and if so if you will read that. Along with all right you have to say but if you could keep it brief I would appreciate it so you're recognized use them by yourself for the Committee posed I thank you Mr chair and members of the committee my name is Beth Coker I'd go down today from fable in Washington County what I'm worried about about this bill is that as it's written it will be a hardship for ordinary people in the community like me who need to obtain information information that we're entitled to receive under the law as it as it existed and information which we've already paid for in the form of a salaries and resources with our tax dollars and with Mister Whitmore mentions something about at the charge being I think he's the retirement reasonable well what's reasonable to Mr Whitmore is not reasonable to me and I don't believe it's a reasonable to a lot of other people I'm co founder of the Arkansas justice reform coalition it's a queer group of volunteers we are not hi stay at home moms a retired folk just people who are interested in bringing about an criminal justice reform and ending mass incarceration. We have no budget because we have no money all the expenses that we incur we pay out of pocket. I'm retired and live on a fixed income. And just charges like that will be in that are set forth in this bill will be a hardship for me and a nonsurgical and not just for me but for a lot of other Arkansans we my group we in my group we use for you often to obtain data statistics and information and we take that information and we often bring it to the county to our governmental officials and we've been able with that information to bring about policy changes and changes and procedures that have helped save the county a lot of money and Washington County we were able to save the cow that count the taxpayer's bill millions of dollars with the information that we found with the fire in relationship when they wanted to build a larger jail and so when weighing the cost of this of this the body cameras in the extra storage in and the extra for a request maybe there's a lot more to consider just in the extra manpower and the storage cost and I ask you to think about that one of the reasons most cited for the benefit of a body cameras is that they improve relationships between the police and the community they bill transparent lace bill transparency and they build trust it's hard to put a dollar amount on that. And the pew research center institute found that the use of body cameras on the average in large police departments complaints fell forty one percent total allegations of wrongdoing fell sixty percent and the use of body Forster's reduce forty seven percent. so while this twenty dollars per hour may not seem like a lot to you it will cause undue hardship for me and for others who only want to bring transparency and accountability to a local and can't to or county governments and state governments and who we want to bring that to our elected officials so I respectfully ask that you please vote against Senate bill three forty six and thank you for letting me speak. Yes ma'am any questions from committee members representative Cozart you're recognized for a question. Ma'am thank you Mr yeah I'm happy for you request you make a year all it's hard I would make a lot of flavor crest I use if you just me personally I average around four or five six a month but Board the audio and visual what we do we Chris those they usually take several hours for instance we had a incident in the jail last year where an inmate committed suicide so does it that way request involved a lot more time and effort and also the year before that. I'm sorry with the year before that we had someone commit suicide in the jail so that that was another instance where you know the for you what a bit longer so so do you believe that if you make that many and quite a few other people make that many that you're taking a person completely away from say the sheriff's office for most of the day possibly every day they have to have a completely different person to do this every day that's not a pretty good cost to them so we may have to raise taxes to pay that exercise I I don't think of it that way I mean I first of all I'm not I don't think it that but that's such a burden they're there to do that that's their job they have they have our information that we paid for we have with our tax dollars. Well I disagree with recognized. The questions from committee members committee members we've got one less person signed up to speak against the bill miss more you're recognized speak against bill rob just be mindful that A lot of bills were badly hurt this testimony but I want to give you the opportunity to say what you had to say so you're recognized his present yourself I appreciated my name is Sarah Moore and I'm from Washington County I drive down three hours today and also three hours last week and I'm just average or cans and and I do appreciate the time that's been taken in the amendment that did come forward and and and that the collaboration and while and that was an improvement I think this bill doesn't really speak to the fact that every everyday average our Kansans of actually been possibly disenfranchised permit was obtained their taxpayer funded records the media organizations are listed earlier by Mister Whitmore and got on the board and some of the folks in the play a task force but half of our Kansans are barely making ends meet and and not only one incident could because then and to get into a total disaster and so while I've heard that twenty dollars an hour that's come up and be deemed reasonable I would ask to there's been no details on exactly how the twenty dollars per hour has been arrived at in Washington County recently had a conversation about how much employees are making seventy of our employees actually making less than fifteen dollars an hour so just on the very service that feels like maybe you know there some profit possibly to be gained in on that twenty dollars an hour recording time and additionally I wanted to to just paint a picture I know that everyone is is very committed to making sure that we are up holding you know our constitution and that's very important and so. If you picture of an incident that happened over this last year where a young man was moving his belongings from paying bill to let Iraq in a U. haul truck he was pulled over detained from and several hours a dry dog was brought to the U. haul and in many officers have and this gentleman was eventually let go with no charges if he under this bill's language what goes to request that information it's multiple body cameras over multiple hours we're going to be charging him hate someone who did nothing he was not in charge with the crime for his own records in his own information as I talked about earlier Mr Kansans can afford that and so I think that we want to make sure this is the first time I was very thankful to hear the information ninety five percent of our cluster three hours or less that's that's great to know that it's unfortunately just the five percent but I think any time that were limiting the availability to individuals to get that information I'd like to highlight another area many of our misli L. unfortunately getting counters with law enforcement again it's not just one officer so it's not it's a lot of times going to be an encounter or it's just going to three hours of tape it can a multiple officers even but then hour you know five hours that family that the therapist the people that need to to work on that with that person in the future that that tape can be very valuable this family members often again are on fixed incomes are very limited budgets like I can see this being a tremendous hardship I also the person in the community has gotten for yet as I worked with our our county government we actually were able to use for you to be able to work together and do some improvements in Washington County that it saves our county government millions of dollars however I will tell you. It's very intimidating process to most our Kansans and so I'm actually reached out to this this language in the bill about you know only been able to have three hours of no charge because nothing is free we've already paid for with taxpayers at the three hours of no charge for each requestor many times you have one person and nonprofit and advocacy agency that tends to be the requestor over and over for individuals because they're too intimidated by the process so a lot of times this is me assisting are in double ACP if we have different complaints maybe one someone's in a facility and they say that maybe there are some wrongdoing that happened it may be many hours of tape to have to be gain so that there can be some level of investigation and what needs to happen going forward so with the thirty days that's listed for outside of criminal charges thirty days that we would actually keep record I'm concerned about the language of that because many times people have gone through a transparent unfortunately people intimidated you don't always use that appropriate procedures and facilities to actually wage that something happened within that thirty days additionally eight many you probably know but here counties that folks don't actually have counsel usually until the thirty to sixty day mark is something happened in a facility one of the jails within that thirty days in the person isn't getting Council that sixty days plus those records can actually be gone so the things that I wanted to kind of talk to you about possible amendments today is if we could make some distinguished meant between you should be able to get your an incident like a personal interaction a level for agencies that go in assessed the vulnerable communities and the for profit many of the areas that I've heard or Chinese all for like twenty four days or twenty four hours can we make the language of this bill speak to that and not speak to the whole breast I would really ask that we maybe add some language in here that allows and community member in our cans and that's how other incident to be able to ask for that wonderful incident with no additional charge to themselves no matter the link and then again talking to the thirty days if we could speak to that language I don't know if they we can look at something like ninety days I think you guys all at letter you probably have that time to see it that at ten twenty eight actually last session put into place that we would keep audio of public meetings for one year I don't know if one year of this kind of media is something that we can finance but if we could look outside I talked to a great parents for the public defender's office and we talked about you know if somebody got counseling sixty to ninety day window make a lot more sense maybe think about putting this morning ninety plus days I appreciate your time thank you for any questions from committee members representative Paul you're recognized for a question all right miss more thank you so much for driving down to testify today but just for the record because you testified last week on a couple bills and miss Koger said that she was with the Arkansas Justice Reform coalition are you also with that coalition because you're photographed on their Facebook page so I want to make sure that for the record we have a properly identified yes Sir I am also with that organization okay thank you very much thank you the questions from committee members representative. Beck. You're recognized to close with your bill. Thank you very much I just wanted a few points to another asking what the bill does not charge for manpower that's it it that was a request that was made is that we charge by the hour of footage right so remember that days we're not saying okay this guy worked on it eight hours you we got to pay him fifteen dollars not so any reference made to that someone's making less than fifteen dollars an hour or something like that and we're charging twenty dollars or might be profit is wrong it's we are charging for the ALR of length if you get charged at all again ninety five percent of all these things are handled within the three hours. Important thing there's a lot of talk about we're charging people for public records we are not charging people for public records. That they already paid for I think was that we're not charging that we are charging them for redacting and getting those available to them the records are there but we have to pull information often they have to be reviewed to make sure this is not information being let out that protects other people's privacy is that might be on those think about an officer going into a house and there's minors another there's all kinds of things going all that information has to be redacted so that's what this charge is all about it's not if it exceeds a three hours it again three hours is. Is a handling ninety five percent of the talk about getting rid of the things the records in thirty days if we do that that's more the norm right now. This bill actually increases the time that these records will be capped if you look at the at the bill Page two it. It actually tells you that that yeah there's a crime of government investigation on the that the we're increasing the title we want more transparency in. By allowing by buying the cameras and allowing us to keep all this information we will increase transparency I I and I appreciate your the the service that you guys are are are doing but again most of these handled our hand with the the the three hours so there's no profit being made there's also requests that will sometime I request data it's twenty dollars per hour of video production if you were to crew we could survive one clear that up if you were requesting some kind of paperwork or date or something like that that's not in this okay so with that I would appreciate a good vote and moved back is close with the bill he's made a motion for a assuming a do pass yes Sir here we have a motion for a do pass any discussion on the motion representative Gonzalez you're recognized for discussion on the motion. Thank you Mr I really want to get to the point where I can support this bill I like the idea of it and I do think it's important for. Transparency for our police officers I think the body cams will be good for them I think it's it's good for the safety of the public in the integrity of the of the police officers and the. The. Police departments themselves my question. Comes in on the three hours. But the first three hours is not three hours of video. For audio production write them in the first three hours we are talking about man power hours or equipment hours. There are required to fulfill the request and then it goes into the twenty dollars an hour could you help me understand that and it. I guess I don't see in here where the first three hours is. Still at no charge if it goes over that three hours then are we going back and charging for the first. Our or several hours or whatever of of production time as well It to bake and I love that to the question this is discussion on the motion speak on the. To speak towards that on the motion. What helped me get a better place thank you okay. We'll speak on the motion discussion yes yeah sketches thank you and. I definitely support this and obviously is a member of the committee representative back you can do is discussion as well answer some of these questions so that's kind of a technicality but that but that is allowed under the rules so if. so my so I'm gonna vote yes on this but my concerns are the you're correct I think you are doing the thirty days but I would like to see this moved out to sixty or ninety days I think that's a that's a reasonable request and and again I don't know. The do you know the costs and all that stuff and it may be it may make that prohibitive but that might be something to consider and also I think it's a valid point that you know as in society we live by the the thought that were innocent until proven guilty and I don't know if there's an easy way to do this but I would like to see as the you know lady mentioned some provision that if you are accused of a crime that you should have access to this information to to prove your innocence without having to pay for it I understand that they don't the shares concern that there are going to be people who are gonna be use that waste their time and but I don't know if there's some way to make allowances for defendant to get access to that data at least once at at no charge so maybe that might be something that if you would be willing to discuss And address those concerns I'm gonna vote for this but I think those are those are valid concerns that do need to be addressed as we move forward representatives breaks is spoken on the motion of a do pass representative level you mean you're recognized to discuss the motion thank you Mr chair just want to make a couple comments about the thirty day requirement that representative Mike just talked about sure hello from Washington County was here last week or whenever we heard this before in the address that I thought very well because there are exceptions where they can keep it longer than that and was to come to the discretion of the local sheriff's department who understands their boots on the ground they understand these individual situation so in my mind that question was addressed by Mr Felder last week very successfully. Discussion on the motion. You're recognized. Thank you Mr chair of. I'm absolutely thrilled with the progress that's been made since our last meeting I'm I'm still concerned you know at the end of the day that this burdens or sunshine laws particularly for folks who just don't run around with a bunch of money in their pocket and might need to have access to information from their own government. so for today at least I want to be a male. Discretion on matters representative Becky will discuss the motion. Yes thank you Mr chair as I understand the bill The the first three hours are free there's no charge for those that is just a processing thing so for three hours worth of equipment. For and or I guess I should say are over skews me of personnel time those are those are granted free in those are granted free for the for the transparency the sunshine most cases are dressed in that issue the other thing I would like to speak to stay it is is this. Excuse me the. But by addressing the the persons with the three hours you're you're addressing most of this there are other avenues is as you heard if there's a case here this information is available free at no charge as much as you want of it it's long as you work it through the court system and that's what the court system is is here to do force to help us get this information for you so defendant can have this information free it's just working it through the system it's easier for an attorney to say for you all this stuff I don't have to do anything I don't want to work it through the court I can just get it easy for you so with that. I'm sorry representative. Beck I remind you are to close for this bill shall we this is a discussion on the motion for a do pass representative ro you love you want to discuss the motion of a do pass. Thank you Mr chairman I think let me just pose this in regards to this section that we're getting caught up on on Page four. If you get if you get a bill for ten hours. Just say. I went down and I got this information it took ten hours then. It doesn't say in the bill that the first three hours are going to be deducted so you only get charged for seven hours if somebody gives you a bill and says Hey you know what this production cost to take to ten hours. Then it took ten hours and they're gonna be bill Nye I think that's the and that's the the the initial concern is that it doesn't say Hey we're going to start the bill and after the three hours and so while my we may be discussing and that this is what the implication is that this is what the antennae S. what is in what is going to be a law is that ten hours is ten hours not seven hours. And so I think that there needs to be some clarity there It is not just talk to representative Gonzales from on a form need the other concern I had in regards to that thirty days because I think it was my initial concern in regards to if you don't get an attorney for until the forty fifth day or so I mean this information could. Technically if the if it was up to someone it is said the discretion it could actually be deleted it doesn't necessarily have to be you know it doesn't is necessarily have to be. Well I mean that was a testimony that was given last time it was at the discretion of the law enforcement officer which it could have been a share firm chief of police or whoever but that that information technically could be deleted if it wasn't the sixty to ninety days and so. If you don't get representation and tell the thirty first day of the forty fifth day of the sixtieth day this information could be actually delete it so I think that they need to be tightened up as well so with that being said Mister Mister chair that's what I have to say thank you they representative revenue beverage discussion on the motion of a do pass. Saying none all in favor say aye. I would say no no graduation representative Beck should drive your bill is passed. Representative road are you still in the room. You go to. Members just stay with me a little bit we got two other items of business. Representative was alarmed you're recognized. Thank you Mr committee members are to find the amendment the amendment does exactly what I asked for of. Earlier in the committee it lets the Legislative Council send this to a subcommittee of Legislative Council and it keeps all the reporting requirements and all the reports and with that I'd make a do pass on them Amendment. Committee members yard presentation by a representative Wardlaw on the amendment we got a motion for passage indeed you have a second any discussion on the motion saying none all in favor say aye. All opposed say No representative would you're recognized representative Wardlaw you're recognized Mr chairman we've already heard the bill presents a president and I'd make a motion do pass as amended. Committee member ray have a motion by representative Wardlaw for a motion of do pass as amended any discussion on the motion do pass as amended. Shane none all in favor say aye. All opposed say no congradulations representative you will your bill is passed thank you thank you Mr chairman thank you committee committee member Rep make this quick way without one last item of a representative Johnson you're recognized to present Senate bill four oh two. We have an amendment that. Thank you Mr chair committee members this is also bill it was heard a few weeks ago the resumes concerns raised much like representative Watson's bill regarding the public safety funding grant as to how the grant mechanism would be applied through rules and so we've added a minute here to outline how that grant that process would take place in you can read to them in here and see what it does and we have to take any questions on the amendment. Johnson has a. Senators Amendment. Representative judging you have a good education any questions from committee members on the amendment. Saying none representative Johnson you have a motion of a do pass on your amendment make a motion to pass on the amendment discussion on the motion. Saying none all in favor say aye. All opposed say no you're recognized present your bill as amended thank you Mr chairman so Senate bill for two as you recall it sets up a R. sum cultural institution at a fund to accept a grant money at the start senate monies from the individual's private funds to be transferred into agencies and to allow a process for applying grants for nonprofits that for capital improvements as specifically is there related to these cultural institutions we talked about some of the museums that are projects to be done here the status or call and if there any questions you again I'll be happy to try to answer those secretary hearses here would be have tried discussing for can. Johnson Dodgin you're recognized for a question. You Mr it represented the would refresh my memory is this the one that is for very large grant type two million dollar plus tax correct this was for not for the small things that can be done internally but for high dollar projects that would be funded through this process thank you. The questions from committee members represented Gonzalez you're recognized thank Mr. Where these funds coming from the right now there's no funding mechanism in place there's no regular stream but if they're you know if there were some individual that wanted to donate money to the processes would create the account where the money could be placed. Follow other recognized could they not donate directly to the calls. They could donate I suppose directly to the cause as far as why we have this account in place I think it's to give that you know that official mechanism the process of how the grants would be going so certainly someone could donate specifically to a museum but they might want to donate to appeal the larger find and let this group decide how that money is distributed. This of. Tax deductible donation and I'm I mean and I don't think state there's no special tax deduction if the for donation nonprofit I suppose is tax deductions that can be taken but is not not a tax credit and creating different than it would normally if you're at donated to nonprofit okay thank you. We have one person signed up to speak for the bill Secretary hires you would like to speak for the bill. In a value set up for the Committee pollution you're recognized speak for the bill thank you Stacy her secretary of the Arkansas department of parks heritage and tourism and we have a federal funding that we grant an out for cultural institutions but those are smaller grants this trust fund would give us the opportunity to support big projects that have economic impact across the state and their handful those projects brewing I'm sure you've heard about them the marshals museum the sole tandem museum of the Cold War Museum all of those institutions of course asked the state they asked legislators for funds and we really do not have a mechanism in Arkansas to do that now at at those that large amount so all this does is create that trust fund should there be monies available either from private sources are from federal sources there's also with their surplus money in the legislature would like to designate funds for that purpose this would be the fine that would be created to provide those funds and and grants I will note that we have an amendment that was made to our budget that would allow us to place conservation tax into this fund as well so I'm happy to answer any questions on it we've we fully support this we get these requests a lot we do not have funding but should funding become available I think it would be a very beneficial way to dispense grants during when you're recognized for a question thank you chairman secretary Hurst of. Beginning of last page two past three it says of grants donations transfers or any person or government agencies so of the Department of heritage properties parks and tourism any of those budgets could transfer money into this that correct yes Sir okay thank you. The questions from committee members. Say none representative judging you're recognized because we bill I'll close your bill Mr make a motion to pass as amended as amended that promotion do pass as amended any discussion on the motion saying none all in favor say aye All opposed say no congratulations your bill is passed thank you committee members for our state and up