House Rules

strikes the majority the language in there and changes where the dispensaries are required to post signage at the check in desk online and then they're also gonna provide a card with the the pharmacist that's on staff for the dispensary as just second that that's going to drop the members without objection will consider this amendment adopted to the building you can present your bill. Which I'm assuming you just did. Two ninety one of one percent or billion minutes adopted okay. Well a pretty much. Describe the entire bill with the amendment but if there's any questions this is agreed to language with the the dispensaries they had some issues with previous language suggested these Amendment changes and everybody's in agreements with with this amendment so a few any questions I'd appreciate a good vote our members are there any questions. Or or I'm seeing on what is will of committee. The motion do pass all those in favor signify by saying aye yet skinny motion hold on hold on my my full we have a. Motion do pass as amended all those in favor say aye. Post graduate to pass the bill thank you Committee. Okay members given over house bill seventeen sixty three for today we'll try to get that one back on in a week or so will move along to House Bill seventeen fifty two representative Fortner. And member you also getting an amendment on this so when that gets to just take a minute or two and take a look at it. On first thank you Mr chairman the amendment simply makes it simple bill if the eliminates a group of people from the background checks. The representative Wardlaw you're recognized for a question on them and thank you Mr why would we want to eliminate anybody from the background check. The people that are being eliminated that resent Wardlaw are like hot dog vendors and T. shirt vendors people don't have anything to do with the actual gambling activity thank you so they took that out to make it clear that makes sense. All right members any other questions on the amendment. Seeing none without objection will adopt them into the bill you can present your bill. Thank you House Bill seventeen fifty two is gives the racing commission the power to require a federal background check and in order to get that from the FBI it has to be an statute in our state they currently do background checks but it's only a state check and with so many. People in the gambling industry moving from state to state we don't want any of the bad actors coming for example from New Jersey or Nevada here and us not being able to have access to what they may have done to previous employment so that that's what this is it's giving the state authority to use the federal database. I'll take any questions if you have all right members any questions on the bill. No single question we have no one signed up to speak for against the bill so what is the pleasure of the Committee. The motion do pass as amended all those of favour say aye. Post guys have a congratulations thank you Committee. Members are gonna move along to house bill seventeen forty eight the representative would occur. I believe this also has an amendment. The representative would occur if you wanna go ahead explain your minute we'll get that out. Thank you Mr chair the amendment for you very simple one as house of representatives McCollum Pilkington and brown as cosponsors in the house right members any questions on the amendment. Seeing none without objection will adopted into the bill you can present your bill. Thank you Mr thank you committee for the time of. The Bill I bring for anything it is very simple and as you can see it there since the same phrases repeat in two sentences of. The truth is is not even an alcohol bill it's election bill. over the past couple of years since the original law passed with the petition language in it one the most common things I've heard from just regular people in my district and throughout northwest Arkansas was. They didn't understand why for so many other things they can simply go to their city council or they could go to their quorum court but for this they had to jump through all these hoops. Now it doesn't seem like much in some communities is it isn't in my own district for example you have to cities who have annexed land right up to the point where we literally have common borders on one side of the street you're in Fayetteville on one side street here in Farmington. In Farmington because we're quirk in how we did this original law. We as you know require petitions to have fifteen percent of the total number of voters in a gubernatorial election. Limiter elections as you also know or mid term elections and so I have a community of Farmington that's relatively. in active politically so mid term elections have tend to have very low turnouts. So you get with the program the math and we got came up with that number one three hundred thirty signatures not a big deal that's one of the reasons we left the law the way it is as far as allowing the petition to be one of the avenues citizens compressor. You go across the street. To a larger city and yes you would expect the number to be a bigger there to simply a larger city. But because you've got a much more politically active. The electric in the second half bill. What would you guess would you say twice as much three times as many signatures five times you got to keep going. The number of signatures under the current reading of the law. Is over ten times as many. And the truth is these kind of positions are brought by regular people. You know my point my constituents who are doing the grocery shopping on a Sunday afternoon who want to pick up a six pack of beer or maybe a bottle of wine for the week. they're not the kind of folks are gonna hire paid canvassers to go out and get thousands and thousands of. signatures but they're also used to picking up the phone and talking to their city council member or their GP and getting something put on the agenda and or on the ballot and that's all they're asking for here is just regular folks would like to have the opportunity if they so choose to vote on it. When this vote bill does not do is authorized Sunday sales at all. Passing this bill will not increase one single place. It's simply empowers voters. If the even in those situations if you accept the fact that they're willing to have a lean to more people more jurisdictions adopting Sunday sales. the Arkansas we've heard is that it's it would put a burden on the big liquor industry and you know I I guess I'm a clean the aware that of the. How competitive that businesses. But the truth this. Our job here is to let the free market work if there is if you here any jurisdiction and they look at. Cost versus benefit and it's simply not worth it for them to open on Sundays they don't have to. But if the market says Hey. Here's an opportunity to expand our business then we would have lifted the restriction and they would be able to open and sell their wares it's the only out. Business in America where we still say you can't sell it on Sunday we don't have the same restrictions for for tobacco or marijuana or anything else. Just when I'm asking for my constituents rescue is a chance to have a second way to get this on the ballot thank you Sir. Thank you representative members are there any questions representative person you're recognized. At let me understand this doesn't exclude having an election the people still people would still vote whether to have. Liquor it just it's a different way to get it on the ballot is that right that's correct it's a second way because as I said in some jurisdictions leaving the petition path open is a good thing because we can all imagine areas where the city border city council or a jeep yori quorum court simply would be recalcitrant would refuse to put it on the ballot and then the people would have been an outlet. But right now they have to go through all those hoops just to get in on the ballot and all this does is says your quorum court your your city border city council by a majority vote complacent on the ballot the next selection and everybody's free to campaign yes and no. Thank. Thank you members any other questions. I see no other questions we do not have anyone signed up to speak for or against this bill so what are the pleasure of the Committee. With a motion to pass a representative person all those in favor signify by saying aye. Opposed. The ayes have reservation pastor bill. yeah you the bill is passed as amended for the record. House bill seventeen twenty eight represent Godfrey. Your. Yes. Yes. Thank you thank you Mr represent god you're recognized thank you Mr chair thank you colleagues I'm Mr chairman your permission I think Graham's let me want to come and give C. give his thoughts and comments and suggestions about the bill Graham you want to come up and in lightness. If you would just introduce yourself for the record and we'll get started with the presentation thank you grams long director of the Arkansas ethics commission. You're recognized thank you so much colleagues house bill seventeen twenty eight allows candidates for elected office to use campaign funds for child care expenses incurred while the candidate is engaging in campaign activity and also local elected officials to use carryover funds for child care expenses also incurred while at the elected official is performing her responsibilities as an elected official there's already a provision in code that any commitment obligation or expense that would exist regardless of the candidate's campaign shall be considered personal income so this bill would not cover existing childcare commitments or expenses these expenses would only be allowable if the candidate or elected official is engaged in campaign activity or acting in her official capacity as elected officials as that the candidate elected official myself who has young kids I've been fortunate to have friends and family help with caring for make it as well I had campaign events knocked on doors made fundraising phone calls or travel for spring down to little rock and during a legislative session for a committee meeting however for some parents who may find themselves without reliable volunteer childcare it can be limiting enough at to not be able to run for office or serve their community as an elected official several states are moving toward these allowable child care expenses candidates are using campaign funds for childcare in twenty two states either through legislation or an ethics committee ruling at least thirteen others have introduced or currently introducing legislation for this issue in twenty eighteen are the Arkansas ethics commission ruled in favor of the candidate you requested to use campaign funds for child care expenses and ethics commission I is supported by this legislation stating it comports with the advisory opinion in that case this bill would allow all candidates to move forward in the spirit of that positive ruling and be able to use the funds for campaign expenses without having to get approval from the ethics commission on a case by case basis I'm Senator Breanne Davis is the Senate sponsor of this bill which is that child care is the. Bipartisan or even non partisan issue I'm grateful for her enthusiastic support and would be grateful for yours as well happy to answer any questions or am grateful to let Mr so and get his thoughts or input on the bill if on a pretty his collaboration and and feedback members any questions represent got for. Senate Graham you want to add anything to this or give us your opinion. Well the commission was first asked about the topic of using campaign funds to pay child care expenses back in the twenty eighteen election cycle and had said that if the. in the facts presented us at that that time or that the candidates child was in daycare eight to five Monday to Friday and and so child care when needed it during those times however nights and weekends there were events where the candidate did need child care and I think it was her husband either way I'm going to be available or he was going to ten The candidate to the man and so you know and in that instance commission it said that it would be permissible I think an important piece of it is that you wouldn't use campaign funds to pay for child care expenses it would otherwise existence so if you know if you if you had your child in daycare money for IT then you're gonna run for office school the money to Friday's already covered you wouldn't shift part of that to the campaign is an expense but the and then the as far as he's in the pain and did not address using Carryover funds to pay child care for officeholder activity I think it's the same concept in the the. Notion would just be that you know this. The nights and weekends when somebody's not available to watch the candidates child then it would be a. He's one legitimate use of campaign funds or officeholder funds to pay. A. for childcare but but not you know if the expenses would otherwise exist. Thank you Graham members or any questions. Represent gene you're recognized. Graham I'm just trying to get clear how your will track a lot of the as of. You say during the campaign. Well campaign can last all year long are you looking at. Pacific dates from like say filing to the the may primary and then maybe pick up in September or just gonna be year round. after hours no weekends. The opinion request came in July and you know the election is going to be in November so I think that it was would've been after filing but the you're correct in stating that you can create your candidate you can have campaign expenses before you have filed for office and now that the two year ban on raise money's been lifted and you know then you're you can conceivably be a candidate at all times and House members or anyway because you had a two year term in a two year window to raise money so the at this pace legislation in tied to had a specific time frame we're having filed in think the same analysis would apply regardless of you know I mean if you're. Announced for office and you're raising money you know then you would get your obviously engaging in campaign activity at that time follow up. So this would be year round. After hours in a week ians well that was our opinion the effects are being in words after hours on weekends but I thank the we talk about campaign finance and expenditures others to. touchstones one is is you can use campaign funds to pay an expenses reasonably and legitimately related to the campaign the other touchstone would be that you can't use campaign funds to fulfill a commitment obligation or expense of exist regardless of the campaign and so you know you're you're trying to navigate those two rules or or provisions of the law and and so you know and and then we by opinion it said that this could be done and then the commission it was not the proponents of this legislation we were given an opportunity to review it we did and it does comport with the opinion and so you know I mean it's it's you know it is in keeping with what we said and and so you know and then it goes farther to address carryover funds for an office holder but it in a day and then change the analysis or the rules it just. Applies it to a you know a slightly different situation but so those of you know with that this is yeah this is what I was I'm here today because I was asked to be here in the in I'm just sharing with the you know they had will we address topical advisory opinion and it looked at this legislation and it you know it it's in keeping with what the commission is said thank you. Encryption members any other questions. Seeing all the questions we do not have anyone signed up to speak for or against the bill what is the pleasure of the Committee. I have a motion do pass all those in favor signify by saying aye. Opposed I have a congratulations pastor bill. Thank you come down Gramm. I senator garner. We're gonna move to Senate bill. Four nine. You just introduce yourself for the record you present your bill Mr Miller a state senator garner from dish twenty seven south Arkansas what this bill would do is it will apply the same standards for a county and city officials that we have our constitutional officers right now currently under the constitution amendment that passed years ago dealing with county elections and making a four year and all that there is already provision for certain crimes we couldn't hold office what this does is it allows us to expand to a similar kind of crimes in the exact language is. The infamous crimes with exactly emote anyway it's like bribery other crimes like that for a seat County elected officials and I thought about this whenever we had an issue with the General Assembly and some members who no longer serve on this body because of their past questions and thought that we apply the same standard C. county local that'll take any questions. All right thank you senator river questions from representative Wardlaw you're recognized yes Sir has there been a problem in a city or county that you know of where someone's been elected that has committed one these crimes I've heard some cases where there could be and that's the distinction on the constitutional amendment there's a little bakery between whether that counts I think that's if miss in this one which is us different subset of crimes I mean I did a Google search on or before and I think this will caps lead more people underneath that talked a municipal league in social County they're they're neutral if they don't they think this is you know doesn't on is R. capture too many people are currently in office Mr yes but so we don't know of any one person in the state of Arkansas is going to be thrown out office from the passage of this law I do not know the specific case will smite will be. All right thank written representing you're recognized. Thank you got there you. We have a step by senator garner. I'm sure there's like bribery. Kiting embezzlement stuff like that with this effect also people to get a pass for misuse of campaign funds without also apply them it could have I thank you for personal stuff yeah that's probably the phone or the public trust issue I mean the concept behind that changes if it's something you're doing in a public capacity especially elected office and you misuse or break the law then that is the nature of the crime okay thank you thank you represent all you're recognized for a question thank you Mr chair so also include school board would not I believe so yes. Other political subdivisions of states yes ma'am thank you. Members any other questions. I'm seeing other questions we do not have anyone signed up to speak for against the bill so what is the pleasure of the Committee. The motion to pass all those in favor signify by saying aye. Oppose ayes have a congratulates you patronage. Members that's all we have on the agenda thank you for being here a vice chair slate beginning to add. All right we returned.