State Agencies & Govt'l Affairs-Senate

Is Senate bill two seventeen. Senator Clark I will I will before you get started where you're taking your sea Senator Clark I've just make mention that you've got an updated list that's been Put out here I think in my absence the other day there was another joint resolution. That was heard is that correct all right and so you've got an updated list on that I'll make my I'm like many of the chairs were begging people to please advise us if you have a bill that you're gonna run to please get in touch with us there be a point where we this committee will not be called any further so we need you to to come on and members also I'll be reaching out to you following the the Easter holidays regarding us beginning to settle in on whether or not we want any of these amendments to to be voted on and go forth so thank you for your time with that we'll get into presentations and referred to Senate bill two seventeen you're recognized Senator Tucker. Thank you Mr chair. I know we've been here a long time and and I'll be as brief as we cannot I want to gloss over too much but this is a bill intended to to really clean up the absentee ballot voting process to make it more uniforms make it easier on those counting the votes and for people who need to vote absentee to to do so. what first brought this bill to my attention is the current law says that absentee ballots cannot be counted before eight thirty AM on election day and that stays the case of the bill that should be the case but that they all have to be counted by seven thirty PM which gives you eleven hour window. That's never been an issue before twenty twenty but there were some anymore absentee votes in twenty twenty then there had been another years there was a question some counties of all absentee ballots could be counted by seven thirty PM and and if they weren't all counted and what would happen to the ballots that were counted yet but they just not be counted and governor Hutchinson and secretary state first and did the right thing in my opinion and said Hey we're just going to count all the ballots no matter how long it takes that doesn't change the fact that in the code it still says all the ballots have to be counted by seven thirty so that's what I started within this bill and and then I really dug in. To the absentee voting process and and found a few other things that are I thought needed cleaning up and I've made several amendments to the bill based on feedback that I've gotten about in a I'll just run through the sections quickly and and we'll be glad to discuss anything further that it that anyone has an interest in. Of this section one is very simple right now well when they do that the first count of the ballots they call it the unofficial results the problem with that is at that point all the ballots have been counted yet because you still have overseas ballots coming in and when you call something an official result in a subject to change I think that undermines faith in the system and so it just changes the terminology to preliminary count and the only time you have an a result is when you have that final result. section two I like to refer to as the Senator Davis section she actually made this suggestion to me I think it was an excellent suggestion under current law under the forms for many people when they request an absentee ballot their application is valid for a year whether they know it or not and there were many people in twenty twenty requested an absentee ballot in March. And then they received one in October for the general election without knowing why and they thought ballots were being mailed out without good cause. It's even worse in my judgment as some people showed up to the polls to vote in person in October and they were turned away saying Sir or ma'am you already have an absentee ballot application that was made in March and was in it's valid for a year so what this does is it still allows people to have their absentee ballot applications valid for a year it doesn't change that it just makes it to where they have to choose that as an option rather than have it be a default where the application is valid for a year without them knowing the a simple change their. I'm in section three. This is on the absentee ballot application this is designed to make it easier on voters and I I've heard from a number of county clerks on this the absentee ballot application really uses legal terminologies confusing language you know for example I might say you're going to select to an absentee ballot for the preferential primary and non partisan run offers just some legal terms which is hard even for people who study these terms on a regular basis to understand often times and so on this says that the absentee ballot application has to use plain language that are designed to be easily read by the typical registered voter in the provide the date on which the election is to be held in you know the goal here is the absentee ballot application instead of using that legal terminology now would say primary election on March sixth or general election on November fourth or whatever the case may be so it's it's easier to understand for the voter. Section four right now all seventy five counties there may be some overlap but counties are are really permitted an authorized to have different forms for the absentee ballot application and what what what this does is it says that to the state board of election will prescribe. uniform forms for the voter statement the instructions the absentee ballot material so that it's uniform throughout the state Every absentee ballot application has two addresses on there because it has the address where you're registered to vote and it also has the address where you want your absentee ballot to be mailed and so that can be complicated and confusing and I think you would be better if if it was uniform and every county across the state I'll I'll give you an example of where this can come into play. In Benton county Senators Bledsoe RF Hester you may be familiar there's a streak in Rogers called but tree street B. U. T. T. R. Y. and when this person was registering to vote they said that to the DMV and the DMV market as B. U. T. T. space T. R. E. but tree street and so when he submitted his application he just did by tree the name of his actual street because the the the for the the that's what the form called for and the been county Clerk did an excellent job of of tracking this person down but. hopefully there will be some confusion cleared up by that when you have a form for all seventy five counties as prescribed by the state board of election commissioners moving on to section six this is the the the most complex section this has to do with the canvassing and counting of absentee ballots I'll be glad to answer any questions about that I'll just briefly say you know there's there's really two phases to counting absentee ballots the first is the canvassing of the ballot where you make sure everything's there The voter statement the photocopy of the voter ID and the actual ballot and then the second phase is where you count the votes and so those are two different phases there's also two different levels of review of the canvassing process one is by poll workers who are volunteers and the second by the County Board of election commissioners and this section is designed to again kind of clean up and strengthen that process for example. Under current law you cannot start canvassing balance until a week before election day and this would allow poll workers to start canvassing balance to see whether or not all the missed required materials are there as soon as the ballot arrives in if it's missing something for example then they can notify the voter that there's a deficiency with the ballot and rather than have to wait until the week before the election before they start that process and to that point another thing that this you know that as I said the an absentee ballot is a complicated thing and and you know sometimes you have to let your birthday in a person may list the year that they're voting at the the year that a at the rate that we're all living in right now instead of their birth year and that would cause a ballot to be a provisional ballot there may be a number of things that because of ballot to be provisional that that really otherwise would be valid and so one of the provisions in this section of the bill is that it requires the County Board of Election Commission to notify the voter when there is something that causes their ballot to be deficient so that the voter has an opportunity to cure the ballot. so that's you know one example of a change another is that it's going to allow the poll workers in the County Board of election commissioners to take into consideration everything that's mailed in to determine whether the valid the ballot is valid or not that's another change. That I mentioned the two phases of review so in the first phase the poll workers. They're gonna put all the ballots into two categories and again the poll workers are not gonna be counting the ballots in the space they're just determining whether the absentee ballots are are valid or not and so they're gonna put all the ballots into two categories one is on the ballot should be counted another is the ballot is provisional at that point those ballots are handed over to the County Board of election commissioners. the way that the bill has it set up is the County Board of election commissioners would review every ballot that's been marked as provisional the County Board of election commissioners could review the bills that were marked as valid and to be counted they don't have to if they want to but they are certainly authorized to do so if if that's what they choose to do. and again once they go through that whole process ballots marked provisional voters are notified they either cure their ballot or don't your it at some point they get as a group of ballots that are going to be counted those are not counted to be clear until election day the way they're counted is not changed in the law all the ballots are put into a box there mixed up so you don't know which ballot was came in with which piece of mail the ballots are counted. one one piece of the bill of this section that I that I wanted to be sure to mention was. Let me find out think it's on page fourteen. Yeah area. On page fourteen start on this line ten. If after review of an absentee ballot either a poll worker or a member of the of the County Board of election commissioners suspects that an absentee ballot was fraudulently submitted they don't have a choice they have to submit that to the local prosecuting attorney and to the state board of election commissioners because I know that there's concern about fraud is there should be specially with absentee ballots and so I want to strengthen the process for that if there is any suspected fraud at all than those ballots have to be referred to the prosecuting attorney and to the state board of election commissioners So I'll move on from section six now again be happy to answer any questions about it section seven again is going to get the state board of election commissioners to promulgate rules so that the process is uniform throughout the state one that I did want to point out. A on page sixteen. Is that we want to obviously what happened Pulaski County in the past election cycle that was the the worst part of the process that we want to make sure never happens again is that there was a box of balance that was marked to be counted that should should not have been counted I think everyone from every party number if you're not from no party recognizes that should not have happened we want to prevent that from happening again so one of the rules that this bill would get of the State Board of Election Commission to promulgate would be to provide provide for chain of custody processes and and the way you mark boxes properly to make sure that they're not gonna be mislabeled or mixed up or confused again. So that section eight of the bill and then sections nine and and ten those are really just other places in the code or a mention and section one that we're changing just the terminology from unofficial result to a preliminary count and then the only result is when you have all all the ballots counted so with that be happy to take questions or going to further detail on any of the sections. Members do you have any particular questions on this bill. For Senator Tucker. Senator Tucker what you know we just have handled a huge Waffen Special order of all these bills that seem to be dealing with these particular issues. As this duplicative of some of the changes we've already seen I don't think so handling the same sections of code. By and large no there there may be some small areas of overlap but but by and large I don't believe so Mr. At if you had any feedback from the state board of elections so I reached out to the State Board of Election and the secretary of state's office on this the state board election commissioners the staff said they did not have direction from the state board and they really only take a position on legislation when they have direction from the staff so they were taking a position. I will say I didn't communicate well with county clerks and I did incorporate some of their feedback into an amendment on the bill they can actually vote on the bill or take a position on it I wanna make sure I get the the line right that I'm authorized to use that what I'm authorized to uses there is broad support among the county clerk's association for the bill. Your fly you know that I don't I don't want to overstate my case in. Senator is there any other questions here for Senator Tucker on his bill. Saying no questions we have anybody signed up on this bill don't have anybody signed up on the bill Sir and is there anything else that you would like to say no Mr appreciate I'm I'm closed on the bill and I move do pass. I have a motion to pass I have a second from Senator Davis is during discussion on the motion. All those in favor say aye. All opposed no. Roll call's been asked. We'll call the roll. Senator Bledsoe. Senator English. Senator Hester. Senator Davis. Senator Ballinger. Senator Tucker. Senator Garner. The bill passes with five votes. This. Senator Beckham are you here for. Five five nine. Senator Beckham. You're welcome Represent the Senate bill five five nine the amends rule state licensing law. The. Per the biggest change in this this two page bill is on page one what it does is One thirty three. It. Just prevent one agent from representing both the buyer and the seller one of the genesis of this bill for me as of the last house of my wife and I purchased We found out later on after we purchased the house the. The the listing agent the listing broker and agent rejected several offers from other people because they agree to percentage of payment so. Once we were in negotiations we made three offers on the house when we were it was finally disclosed to us in conversation that the house did not have. A water line a natural gas line in order to have an easement to re run those. So. Because we're represented by dual agency without you know obviously now that I'm working on this bill I find out that there's a real estate commission and the fund set up to make us whole but we're left on our own with that so I think that. The idea behind the bill is to have two people on either side of the table want to go shooting one watching out for the best interest of the buyer one for the best interests of the seller. Nested the genesis of the idea behind this bill. Okay there's obviously a ton of opposition to it from the realtors associations and the realtors commissions I'm hoping that they'll work on rules that will address this and training to address those but at this time nothing's in place and my fear is that will go another session before we're able to address it if rules are in place before the session and so that's reason I decided to run this today. Members you have any questions for senator Beckham. We have some people signed up on this one. All right we do have some people signed in on this. No questions from the the Committee senator Beckham we're going to take a look at who signed in here and have those speak for against. I can so these for. So we just have one okay Senator reckon you have anything else on this before we begin to take some commentary it looks like we just have one person signed in on this bill Julie Mullinax the Arkansas realtors association. All right. If you would please state your name and who you represent for the record. Turn on the microphone thank you Mr chairman dealing onyx with Monex associates representing the Arkansas realtors association. And I will say first of all that I the. Cannot speak to the specifics of dual agency and the intermediary situation that is proposed in this bill but the Arkansas real estate commission director was here in the capital just a couple of hours ago and we were in a meeting in Senator Beckham's office he graciously agreed to meet with us and We spent thirty or forty minutes or so discussing the issues that he has with the current law and she agreed to take the issues back to the Commissioner I thought when we left his office that he agreed to hold the bill until he heard from the commission with their input. if we had known earlier than five minutes ago that this bill was going to run today. They would be here to testify as would Representatives of the Arkansas realtors association that could address the issue specifically. But for the reasons set up just mentioned we are opposed to the bill we have not had the time to have input and we understood forming left his office a little bit ago that he would wait for that input and we could work together on the bill. Okay. Members you have any questions for. Non ex. Senator Hester. I do so I filed bills earlier in the session where where are the real estate well the Commissioner board says that if it's not appropriate if there's a real estate agent representing a buyer. And there is no real estate agent representing the seller okay that's not appropriate so real estate agent with the buyer no real estate agent for the seller not appropriate but if that same real estate agent is paid by both parties that it is appropriate that's what we're dealing with right here. So it just is very perplexing to me how if both sides are paying the same realtor they're still three people involved that it's all the sudden okay. But if there's not someone on the University Center sent. of yours one thing is how is it okay if it's still the same three people involved but if both sides are paying the same realtor. It's okay. Senator Hester thank you for the question and I began my remarks by saying I am not prepared or qualified to speak on the specifics of this bill and persons who could do that would have been here. But for we were. I'm. We believe several hours ago that this bill would not run today. Thank you. Any other questions. Thank you thank you very much appreciate it thank you. Senator do you have anything further want to speak to those issues. When we we love to me and we did have a meeting earlier today when we left the meeting the The real estate commissioner did say that they could possibly meet on April twelfth two. Decide on rules that could address this as everyone in here knows. If we wait till April twelfth to try to schedule as in Committee where I get that out of the Senate or the house Senate and house by the time we go all we recess. And that's that's the reason to move through committee to get one more step in the process in case rules do not address what they're. Asking me to address this is this is this is been filed for. Three weeks now I believe. And today was the first day the rules the Commission has come to. Speak to me on or contact me on. During. The end of course you know of you see if we do get or agreement. We can hold this so I will I will hold this on the floor from going to the floor and we do get an agreement we will run it. K.. Well you know and I guess the chair just remind everybody everybody you know when the bill is on the when the bills on the agenda and I know sometimes agreements get made I can't speak to anything outside of this committee but we've tried very hard especially in the under the guidelines the pandemic that we would not put a bill on this if it's not going to be heard so the people don't come down here and constantly waste time and so but it does happen sometimes at their issues once bill could not be heard for one reason or another and and it just happens in the process. so okay we wanna make sure people get a fair hearing on on whatever's being discussed senator to senator G. anymore questions for senator Beckham here today Are you close for your bill Sir. Yes close president of the so what is the pleasure of the Committee. I have a motion to pass from Senator Davis second from Senator Hester all those in favor say aye. All opposed. The Bill pass is. Thank you. Numbers were down to house bill ten fifty three is someone here to help okay. Senator English you're recognized for house bill ten fifty three thank you very much Senator Jane English from district thirty four in this bill basically isn't the FNA build but it changes the appointment of the assessment cordon director the Cessna coordination deliberation from the governor making the appointment to the Director of the department of finance and administration. Okay. Members any questions on this bill. We haven't senator garner. The. Thank you for your take out not just governor but the subject to confirmation by the Senate as well correct. The helpful thank you may I don't I I didn't know that that was sent. Appointment I mean no Senate confirmation I did not know that the director shall be appointed by the ministry and governor subject is confirmation by the Senate emissions service players I guess this be just to double make all termination not come to us thank. Any other questions for Senator English. Seeing none. Was pleasure of the Committee do pass a motion to pass Senator Hester do I have a second. All set I have a second for interrupting solitaire or what correction but we. I have a motion and a second let's try to move through this quickly members all those favor say aye aye opposed no. Bill passes thank you Senator English. The Senate bill five five three senator mark Johnson. About where I want to make an announcmenet I've just been informed that there's a couple of people here you may be here on other things but there's a couple of people assigned in on the bill we're the sponsors are not going to be able to run it and it's house bill fifteen fifty nine so that has been moved to Tuesday and so if you're here only on that I have a miss Smith Mr cornball so if you're here only on those I don't want to keep you here waiting only to be disappointed and I now that I've noticed that I want to make sure make you wear out of courtesy to you so thank you senator Johnson you're recognized Sir thank you Mr chairman mark Johnson senate District fifteen Senate bill five fifty three is the Arkansas state capitol historical monument protection act and it just does exactly what the title says Everyone this room was familiar with the vandalism happened to our capital in twenty twenty and prior to that Senator Rapert the vandalism that happened to the ten commandments monument. This just clarifies in law that that is not acceptable and also puts criminal penalties and for any any monument anywhere that is on public property and is A monument include that That is erected for named or dedicated in honor roll honor of a historical person historical event military organization military unit including without limitation and it goes all the way from the French and Indian war to the to operation Iraqi freedom just right outside our window if we could have a look over the ledge would see the war of eighteen twelve monument up which is probably the first war where people that ended up being our Kansans actually fought for our country it also cover something some public property listed on the national register of historic places or in a veterans cemetery it does not include a temporary exhibit a temporary structure street sign or any anything of that that nature is strictly narrow to those those items that I mentioned and course the capital. Means both the capital and its grounds including the Capitol Hill apartment building the grounds operation shopping anything these maintained by the Secretary of State now one might clear someone asked me how does this affect the the capitol monuments commission it doesn't it also doesn't affect the statute that. Mandates that no nothing can be built no new monuments or anything can be added or removed from the capitol without the approval of the General Assembly so that is also left untouched I did have an amendment in here to clean up one thing and I won we did fix that the entity that the one would have to apply to for some kind of a waiver to to move the monument to to change something with the monument is the Arkansas history commission and we did have to amend because it one place it said commission I think it's on page three line twenty six and it was unclear that the it confuse the capitol arts and grounds commission with the history commission so that was cleaned up by the amendment that you see in italics there are also someone is unclear about okay is this does this law apply to this particular thing even had a kind of a bizarre example set forth where someone took a Senator rock and wrote you know and filler was a good guy and placed it in a public place that that was suddenly become a monument it couldn't be removed and we we basically clean that up by telling that the it's a look entity could petition for a of the advisory opinion from the history commission on whether something like. Anything that extreme or anything less than that if they're unsure about it they could ask the history commission to clarify that it does put to some penalties in it the puts it if it's a Class aim misdemeanor if the value of the property is more than five hundred dollars in the damage repair is more than a hundred and a Class D. felony if the person has previously been convicted of a Class es misdemeanor under this chart subchapter and the value of the property is more than a thousand dollars worth of damage done to the monument is more than a thousand dollars I'll be happy to answer any questions. Senator Johnson of course I'm a co sponsor of the bill do you have a question yeah just making sure as I'm looking through this in the description of the historical monument. I would just you're running through my mind. When you described in it may be that I I just haven't caught it doing a re read here when you're describing these. Are we in a situation where if if the monument of the statue of the structure is not described on here that it would not be protected and the reason I ask is the fallen firefighters. They're not a military unit. And our military organization. It mentions historical person store corvette and all those but it also says Mr chairman that the state a memorial that is located on public property and in honor of a historical person who we could I think that would include any brave firefighter that had to a given their lives and that's really what it is it's not just to to honor firefighters in general it's it's dedicated to firefighters who gave their lives in the line of duty it's a memorial which by definition means someone that is gone and that's I think it would covered completely certainly anything on the capitol grounds has it that extra layer of protection because it specifically named in the in there but as the Capitol grounds anything on it It is included it without limitation. I just wanna make sure we didn't have some gotcha that is presented on anything there's any doubt at all I'll be happy to amend the house and make sure we get that covered right obviously I presumed by the language that was drafted by the bureau that is why we had to have a little more concise definition elsewhere if it's on the capitol grounds it's it's covered that that that's mine well that would be my hope would be the idea that any will double check that for you we've we've got it's often overlooked with there's a small pedestal monument commemorates the fact that the capital was actually built was on the side of a penitentiary was used during the civil war you know when that's going to that that would be historical I would thank but I'm just thinking through that firefighter one caught my attention because it didn't have to do the military so as it says on the end of the bottom of the last thirty one thirty four page two it's a state capital means the land parking areas streets surrounding the State Capitol Building the Capitol Hill apartments building grounds operation shop and other land that is maintained by the Secretary of State and so that. Of them may collect over here is included as and again that's very historic simply because this was the prison it and prison labor was involved in building a capital that's a portent part of the history the capital and I'm glad that you brought that up right. All right members any other questions on this bill Senator Tucker. Thank you Mr and senator Johnson you sure this bill with me before she appreciate I should ask this question already I'm just curious because you know. Clearly there are any laws about this that exists and I'm just wondering what's different what what. Hi this is bill make different from existing law does that change the criminal penalty here or what is it does enhance a criminal penalty it also specifically speaks to these types of memorials and it it goes even further then the bill I had in twenty nineteen it it singles out the Capitol grounds and sets it as a an unquestionable of sacred place so you don't have the the secretary of state does not have to wonder or ask the history commission about any monument on the capitol grounds if there's any questions they are all as I mentioned to the chairman unquestionably covered as protected under this legislation okay. Right thank you thank you all right members any other questions on the rod thank you probably seen it there is a a impact assessment from the sentencing commission which the bill prompted that I guess you've seen that no Sir actually have not okay staff please resent that to him I don't see anything negative in there at all but there is an impact statement sarsen Johnson I wish that you had been notified of that. Public probably Senate nine it was an oversight Senate my procedure Hester you're recognized for a question. Well you senator I'm sorry I just wanted to let you know that I committed before this I'm going to today I have been inundated with credible people with some concerns will be visiting that over the weekend K. and R. and I'm I'm sensitive to to a lot of people's concerns and I really appreciate that and again this is for some have been coming back here two years ago I remember in the eighties and of course you all know what happened in the last year and so we're if I think it shows the importance of it even thank you senator Dino senator Johnson also just in awe four mission and a question of with all the damage. With this capital wondered during the past year. Spray painting the brass doors of the capital spray painting profanities on the capital's. Turn down the US flag and burning it on the steps of this capitol. Tearing up the lawn all of the things that have happened let alone the incident that referred to earlier from a few years ago the monument. I don't recall one arrest. That ever was made in anybody held accountable for all that damage to our state capitol have you. No Sir at the I don't know of any that's happened within let's say a three hundred yard radius of where we sit right now during that time I do not other than the the gentleman who hit the ten commandments for a with a car he was deemed mentally incompetent and couldn't be convicted because of that but other than that I I agree with you I don't think there's been anything now there was a incident and again this would protect gravestones and monuments say in a veterans cemetery and we did have an arrest on some vandalism and in the cemetery in Little Rock it was pretty extensive and I was not interested I won't comment anymore that because that case is still pending. There was a lot of video footage and pictures taken of all that that happened on our state capital wasn't there yes Sir is it also for say that the the United States government has been reviewing photos and self fees and and video that was taken January the sixth in Washington DC and in making arrests of those people that were present yes Sir it's unfortunate don't you think that the state of Arkansas has not taken the same level of care and concern for our own capital and damage occur. Well I agree with you senator look but let me let me add one thing if I could as I think committee should think about this if you had the opportunity to visit with any the capitol police that were here protecting our capital during that time in one of. Individual officer who's my constituent told me of standing in the tunnel entrance of where the light with the seal shines down on the floor and he was standing here with an A. R. fifteen wondering if he was going to have to discharge that weapon to protect his fellow officers in this building and at the moment some one of the I'm a calling rioter somebody make they were call peaceful protesters in the media but I'll column riders one of them had picked up a cinder block and was about to throw it through the glass door coming into where the security gate is in the title insurance and just as he was about to do it and my friend and also a friend of senator you all know I'm I'm not naming the on on the the is Senator Garner is also a friend is that that very moment when he was having to make that life or death decision of the state police swat team showed up in the individual left instantly and we we're not having to talk about a breach of the interior of the building but you can only imagine what kind of damage could have been done to the building if they had gotten inside and I'm I shudder to think about that but yeah fortunately the lord was looking out for us in the in the the cavalry got here on time so. Well I think it's very well noted that there are actions the in crimes that occurred it could have been forced and for whatever reason they just forced and and that that even relates to all damage around the front of this capital including the burning of the Arkansas pharmacy association on if anybody's ever been held accountable for that I'm just very disappointed and frustrated that to there's lots of pictures and footage that they could go back and do the same thing it's being done all around this country and I just wish that law enforcement would to pursue that right you say some of the folks in charge would let them. And so I appreciate the bill and the intent of what you're doing here there's no question about it and and so hopefully if there's going questions Senator Hester had to be asked at once there's if this passes the committee let's just make sure don't leave any loopholes because it's obvious people go through members any other questions for senator Johnson I don't see if we have anybody signed up here or not if we do let me know. There's one person senator do you have anything else before we take I'll be glad to hear the witnesses and I reserve the right to close all right we have one person signed up to speak against Lanny Richmond the second. Sure you're welcome to come and take a seat and state your name and who you represent for the record and be glad to hear testimony. Yes Sir my name is Lenny Richmond I'm legal counsel at the Arkansas Municipal League you're representing them in the municipalities on this bill first I would like to say we take the vandalism destruction damage to public property very seriously we think there should be enforced and punished people commit those crimes are concerned or not about that of course then the first one I'm sure dollar tired of hearing from us is that we ask for it to be a bill about local control in this is the worst form of an attack on local control in that it removes power from elected officials inputs that are not elected body in Little Rock we think that's problematic the history commission I do not know how their recall how there is oversight over their decisions but I know the oversight is over our local officials and it's it's very real and it occurs every day because of the phone calls that occurs in election season and I think that if they get out of line people let them know very quickly I'd like to point out on the senator Johnson's point about the center block that I don't think a city should after rate right around for an advisory opinion or for the history commission to meet quarterly to move that Senator block that says Adolf Hitler was right I think they should have the ability to move that right away that is not what the bill does at the moment. So I'll move on we we think that it's it's bad policy to put it in the committee down here but we understand that we can have differences of opinion ideology on those issues so I'll point out to some of our technical concerns with the bill and then I'm not take up too much of your time. Primarily there is no indication especially for localities on who has the ability to erect a monument it's just kind of a monument is there and then it gets these for protections so we do not want disgruntled employees putting up a statue that we can't remove or officials at midnight putting out monuments whether those are pictures of JFK or pictures of Billy the kid we don't want to have to deal with the history commission to move those things was not just destroying them it's it's moving them or otherwise and otherwise disturbing any sort of monument no point in the definitions that that is the issue that it applies to something as small as a nameplate we can't move without getting prior permission from history commission that is that is difficult to deal with name plates are pretty common in municipal buildings I did a little survey in our own building at the Municipal League. We have quite a few things that would constitute a monumental lot of pictures to historical individuals plaques to people that we respect and wanted to put up there some senators were we have respected them so much we put their name on on a legislator of the year or board and we would not need permission to do with our own property how we see things from the history commission and that is not something that's very tenable sized. I understand that also point out that the. Portions that relate to property that is on the national registry of historic places don't have to have a certain level historical nature they all get protected if they are a memorial plaque names wait just instantaneously those things get the full criminal protection of this bill without being relating to the military or without relating to any historical events you can see that I think on a Page two lines nineteen through twenty it has it's own section and isn't we are modified by any of that historical language a lot of our city halls are very old or in Arkansas their historic state and many city halls are on the national registry of historic places places like Eudora we see Meena North Little Rock in any name plate will now get this this sort of super protection You know what just finally I will point out that we do take destruction of public property very seriously it's just how we deal with our own property would like to remain with the cities themselves and then if there's any questions I'd be happy to answer them. Senator Ballinger you have recognized for a question. Thank you Mr you know that if the common if trying to kill building you just throw everything up all the something to that from my standpoint my credibility and I could be wrong so you point meant that you talk about your property how's your property affected by this legislation I use that as an example but I do believe the municipal against public property will house of I mean your internet right yes legally are and this is the thing is that if your interpreting this link is public property there's a lot of revocation for that so if you explain how the public property absolutely we are adds incorporated only three state statute in that it allows for cities to come together to. Compile the resources to better serve each other so we think of ourselves as just an extension of the municipalities in Arkansas for legal purposes and others okay so you're completely open to freedom information act requests that yes Sir we get them almost weekly I promise you and we answer them diligently. Okay. You senator garner. Yes Sir you mention that the center block withdrawn through if it had Adolf Hitler is whatever opponent would that be permissible to refer under section fourteen on page two where you can take proper appropriate measures acts are proper problem means section preserving care repair restores restoration seems like a very clear example of repair or restoration to sandblast all Adolf Hitler is whatever you said. A my apologies senator if I was on clear there's actually some concern and I was the example senator Johnson use that someone wrote that that it might be a monument where we'd need an opinion and that's what the bill says you know it's we we would be able to preserve the cinder block if it had that written on it perhaps five we could move it yet again I could not you couldn't repair or restore under this. Is your interpretation of and I I didn't mention some of offering thrown through anything just have someone set it down that's Center walk would be a monument under this bill if it had something appropriately written on it and waiting what college I server that was the example senator Johnson used he said we can get a device or opinion if we wanted to determine that he said that moments ago in this committee. I think he was reversed okay never mind. That is what it says. I apologize. Okay members any other questions. At all. We appreciate your testimony Sir thank you thank you. Senator Johnson you have anything further Sir I just I was thrilled to learn that the Municipal League was a public entity and that other building was public property I I don't believe internet anything but Ives actually I last time I checked this is a private organization and I respect but there's a big difference between a. Entities coming together and forming association versus something that is public lack Little Rock city hall the state capitol a county courthouse at center this is those are public property and I think that the Bill clearly cross that distinction as far as the and the history Commission may by policy they could adopt have and I assume it would be rules that we would approved but they would be able to set some general guidelines where if a municipality or or county or any entity governmental entity needed to know about something they would have that would not necessarily require a meeting of the full commission if the commission had promulgated some policies rules that clarified that particular thing course of something not covered under those those types of instances in other words they had a rule one way the other or and certainly you know it would be something that the commission should consider but this is a safe car we we have a group of an entity made up of historians something that knows the difference between something that is a. I. Piece of junk and what's it's truly a historical marker and and I think it's best that we we always tend to go to those experts in a particular field for advice and and that's how this one works hi so I am I am grateful for the committee's time and I would be grateful and appreciate a good vote all right I'm close. Members is closed for the bill or exposure to committee. Motion to passion senator garner second from Senator Ballinger all those in favor say aye. All opposed no. Bill passes thank you senator John thank you Committee. Members that ranges to house bill seventeen sixty six if there's anybody here to president Senator Hester. Senator Hester you're recognized for presentation my good friend Mister Wardlaw couldn't make it so I agreed to sit here and hand the ball off. Thank you Mr chair and members of the committee this bill is simply to raise and state your name and who you represent recordar Amy Fetzer secretary of transformation shared services thank. Yes hi this bill will just raise the statutory limit that the state could pay per member per month for health insurance for state employees we are currently at four fifty per member per month and that is the highest we can go statutorily as the law now stands so this would just give it a hundred dollar which will remain does not mean that we will go up to five fifty automatically if you just give elected to a. All right. There was any questions on the bill. Seeing no questions anything further on the bill from either of you we have anybody signed up on this bill we have no one signed up what's pleasure of the Committee. I have a motion to pass Senator Bledsoe second from Senator Hester roles favor say aye opposed no thank you bill passes. You should do that more often Senator Hester. Senate bill five ninety six by Senator English. And we only have one more bill after that Senator Davis it's got a bill. This Is Senator Jane English district thirty four and this is Senate bill five ninety six and basically what this does is that allows the director of the department of finance and administration to appoint a Director of the racing commission. Since we just had rules committee I want to ask a question on this one sure You saying that this now are you know we just had this I think on another bill earlier with this moving to an appointment of the director I assume that that will then take away the Senate confirmation process. On these individuals. They're appointed. My name is Jan Bartlett I'm general counsel for the finance and administration and. Chairman there is no this statute does not did not have Senate confirmation so it does not make that would so the members of those positions on the racing commission did not require Senate confirmation hi Sir I'm looking at the bill and this is just concerning the designation of the commission chair. Okay. So this is not. Dealing with the appointments so you're saying the individual of racing commission appointments just the Director of the racing commission who is not a member of the commission correct not a member of the okay all right. Right thanks for responding to that I wondered about that Senators any other questions here as think about Senator Davis was nodding yes and I'm just curious the reason for this bill this is just a bill to bring efficiencies to the department because the racing commission is now part of DFA. It's just to streamline that process for designating the chair okay I have some concerns and because the racing commission really into paint into an operates independently and and they deal with a lot of things that. I'm concerned if we let the secretary and appoint a Director of the racing commission that it really undermines the work that they do independent at the FAA and I've been from the council of how to work with the racing commission a lot over the past several years and and I just I really worry about that and am not sure that and that move is a good one and I think keeping it with the governor and really keeps it consistent with his appointments and the independence of the racing commission and so and can you speak to that at all I mean it just seems like it and will conflict and an inmate because misuse I would just point out that this just relates to the head of the Commission it does not affect the membership. So that concern that you have about the remaining independent I think that this change in the law would not impact that. That I guess it just seems if if somebody else other than and the governor is the one cleaning that director and and he is already appointing the rest of the commissioners and and I think that compromises at their purpose thank you. What about the center would you put your. I am talking about the director of the Commission but not the commission itself or the members of the commission I think those are still appointed by the governor this would just be the director the the staff person it just for educational purposes what what is the director paid. Now. I'm sorry I don't have that information you know what they're paid a full salary district yes Sir okay. M. and. In the end they are do not come from amongst any of the appointed. That's correct okay. All right I think I have some two in the queue here Senator Hester I believe will take you for sure. Yeah yeah we were that are you on there to earn all right we see these bills from time to time and sometimes they're just because it's the right thing and sometimes they're they're pointed but the current director isn't is it appointed indefinitely or is that terms. My understanding is at the pleasure of the governor so as as long as I want everyone to have their yes and if this past could the Director DF in a make a change tomorrow because it's at the pleasure of the director. Yes thank you. Right Senator Tucker if there's anyone else let me know. Thank you Mr policies about this that I sent by you being here that the FNA is taking a position in support of the bill I'm curious about that and also if the governor's office as a position on the governor's offices is in agreement. As well as the offense in support by Grammy with support yes Sir okay thank you. Senators any further questions. Seeing none Senator English you have anything further no like you said close for the bill all right. Embers what's your pleasure on this bill. I move to pass. I have a motion to pastor Senator English is their second. I have a second from senator Bledsoe all those in favor of this bill say aye hi. All opposed. Bill fails. I would you like to expunge the vote and come back another time. Yes our all right Senator English makes a motion to expunge the vote by which this bill passed is your second. I have a second all in favor say aye. All opposed no. The that passes so you have an opportunity come back Senator English if you want to. Sounds like there might be some conversation to be had I have one last bill on the list and I thank you all for meeting were five minutes over when I want to begin on but Senator Davis you're recognized for Senate bill six fourteen and I think you mentioned possibly having an amendment okay. staff please get that everyone. Senator do you want to speak to the amendment just a minute yes well that let you move forward yes thank you Mr chair. And the amendment states and it does two things it state that if a campus or falsely verifies or submits signatures that they did not witness that it's a Class D. felony and also part puts the burden of proof on the sponsor reprieve that the paid canvassers and does not have a disqualifying conviction. Okay. Members of let's go ahead and take a motion to adopt the imminent so you have a question on minute senator garner. Thank you was there any reason given why we took out a person shall be no actor can lessee or she is a system the United States seem to me that we didn't do on the original were yet to be a citizen and resident of the state was there a thought process behind it. And I think that was and. To add create uniformity I can't work I have that part not with me and but there was a reason for it there is language about that okay. Also in another section of the bill. That okay so you're deleting the substitute. So did remove it is this is removing a citizen of the United States. It's in a completely M. I deal with the different sections in the bill deals with and so and it is in this in the bill itself all right why don't we go ahead and move on the amend. Yes Sir Senator Tucker this is just my lack of education I can guess but would just what what what what a sponsor means in this context. And the personally like in Charlie hiring hiring him research okay thanks. All. Resemble motion from senator Davis for adoption of amendment is our second. Second from senator Bledsoe all those in favor say aye. All opposed no He's president Senate bill six fourteen is amended thank you and this bill deals with paid canvassers in a way that is meant to protect the integrity of our ballot initiative process and a guard against fraud by doing a couple things that requires you and US in Arkansas residency it prohibits pain canvassers on a person shall basis ensures that those who have already broken the law are not interested with changing laws or changing our state constitution. It also helps ensure that our canvassing process survived legal challenges it does this by amending the background check provision and it aligns us with other states in regards to that residency in person interdependent and provisions. It follows a circuit court precedent the new provisions in the bill are patterned after similar provisions that other states and have used it have already survived legal challenges it also includes a severability clause in case the court strikes down part of it and has an emergency clause. I'm happy to take any questions. Well my question since we were stumbling little bit there with the. Citizen the resident I wish you clarify for me on that and That that provision you said is somewhere else so could you please clarify for me that is still going to require the person be a citizen of the United States and also resident yes and and section one of the bill. Five and six and says they have to be a citizen United States and a resident of the state. So Page one because a look at that the amendment Page one delete line thirty. Which is only resident of this state but actually substitute the following up that's odd. It's deleting it and putting it back it my reading that wrong. you know and that might be because and originally that before the bill is filed and there is other draft language that said a resident the state for thirty days and actually and. As may be confused looking at a different draft and trying to so I think that's what happened there actually current yeah. Just. Yes yes no or make sure that you're comfortable with the rest of this draft. Members or any other questions on this bill. Senator Garner do you have one no Sir okay all right. Members if there no questions on the bill we have any sense when signed up to speak for against the bill anything further Senator Davis I'm close at No I'm sorry I'm and and I make a motion to pass all right. I have a motion do pass as amended from Senator Davis in the second for Senator English all those of favour say aye opposed no bill passes thank you members have a good holiday an Easter with your family we're Jr. If.