City, County & Local Affairs Committee - Senate

Senator Davis. What. You're recognized centers. Thank you Mr chair. Members I just want to apologize for having this on the agenda twice and things came up and I ended up not being able to be here so I want to apologize for that a new members of the public came to testify to this bill Senator drugs have you got your Michael yes I do sort of maybe mid political closer now us older guys getting hard and. Okay is that good that's better thank you. Okay all and all this bill does is really addresses and things for and what we passed last session which allows entertainment districts across the state this just adds private clubs which are and what you find in dry counties said this will include dry counties and in being able to have an entertainment district so it allows an opportunity for restaurants that reside in dry areas to have a pathway to serve outside. What this bill doesn't do. Despite what you've heard it does not create new alcohol sales does not circumvent the process in getting a liquor license and it does not circumvent local local control. And. They're still very local process that has to go through so if you want to designated area in your community as an entertainment district you have to petition with the city council and get through the process with them and they have to be the ones to approve an area as an entertainment district so this is all about local control this is that the control of the city council which is the most likely you can get in government and this does not automatically make everyone opted to have an entertainment district it will be and city council at a time the ones that want that want or choose to do so with that I'll take any questions our committee regarding the nature of the bill any questions from the committee. Seeing none is there anyone in the audience that would like to speak for against the bill we have a Mr Larry page. Page if you would come up within five or so for the record. With the. You're here to speak against the bill yes against the bill already Pitsch director of the Arkansas facemasks Council can you hear me OK yes we can all right you're recognized you might rather not I don't know. While this bill appears to be just about alcohol it is much bigger than that there's a larger issue involved here and that's the issue I want to speak to I don't I don't have a problem with people accessing legally alcohol that's the rights of legal commodity that's not the issue calendar what is at issue here are the weighty matters of the rule of law and the integrity of the vote. The purpose of this bill is in empower cities in dry counties to establish entertainment districts and that are contiguous with private clubs any objective our opposition simply to maintain preserve self determination in each and every county in the last session a bill was passed to allow entertainment districts in cities and what counties that were contiguous to up establishments licensed to serve serve alcohol. Well proponents of H. B. twelve twenty eight just say this is more of the same right no wrong it is wrong to entertainment districts exist today do so in in what counties this bill will allow the standards for all the entertainment districts in the in in dry counties counties or the electric electric have chosen to be dry. That's just what is the Lynch plan in this bill that of purportedly allows a city to establish entertainment districts in dry counties it is a much ballyhooed local control well I'm telling you the local control in this bill is misappropriated it is stolen and taken from the people the semblance of local control here is based on the alcoholic beverage control board on wisely establishing private clubs in a dry counties now it's almost hypocritical to call private clubs there neither private nor closer just run of the mill taverns and bars for the most part the bill doesn't work the this bill doesn't need to provide another kind of local control we already have local control it's called the people who establish that right themselves it is the people who are authorized to allow the US serving of alcohol in their counties the passage of an initiated act nonelected this body but an initiated act the voters in Arkansas should we want to determine the the availability of alcohol county by county by voting it's called the local optional election and some might say well it's impossible to call a local option lection it is not over the last several years many counties or call local option lections and they've all gone with that no county has gone dry but that is still the law and it is all the local control that is needed we don't need to add something else to it this bill will be in the front so very important principles of the rule of law self determination and voting rights but again pursuant to our laws county voters have the exclusive right or should help to determine whether alcohol can be sold and consumed in the county the alcoholic beverage control board in Little Rock chose impose private clubs on dry counties contrary to the will of the voters in those counties now this bill seeks to further usurpation. All the right local residents rights by making it possible for entertainment district be established in conjunction the private club it is just stacking one on top of another and two wrongs do not make right established by establishing private clubs and circumventing the will of the people in dry counties isn't agree just thing that was done and going a step further and predicate in the creation of entertainment districts on the fact that private clubs exist compounds the problem and honestly casts doubt on the integrity the very integrity of our system of governance if this bill becomes law it will in a sense operating direct counties as a reverse disenfranchisement. The people have been prevented from voting but their votes won't mean a thing all you voted to go dry in this county great but you'll have debt because some votes are worth more than others that's wrong that is not a good step for the student body to take which is finished with a couple months ago a very contentious polarizing of federal election there were there were allegations of voting irregularities voting fraud it was a a chronic a contentious thing but with the mantra that came out of that whole brain Bradley though was this every vote counts what this vote passes of this bill passes we will not be able to say in Arkansas that every vote counts some votes count more than others depending on who you are. I'm not close with this it's basically rhetorical questions no answers need for. Can anyone tried make a rational case that voters in the county who voted for the county to be dry would be okay with people walking around the streets of their cities and their dry counties with a mixed drink in a can of beer. No no one can make that case not any sensible way they can't. Please keep the faith of the people of Arkansas who sent you here they placed a good deal of trust in you and they would like you to uphold the rule of law. Thank you I'll be glad to answer any questions arbitration any questions from committee members from his page. Thank you thank you Committee thank you for your testimony. next we have a. Due to. Tony road. Here to speak against the bill on a road vehicle identified in tell us who you're with. My name's Tony rose I represent an American speaks. And I just came here to share a little information that might help you with your decision because of over heard that some folks think that you can't pass a bill in a dry county to get liquor because the pastors. And that's not true all the pastors do get up there and represent the voting members of their congregation and dry counties. But the reality is we've got a real high bar in Arkansas to get alcohol on the ballot it's thirty eight percent now you guys have probably gone through B. Q. season all that before and you know that it's generally about ten percent to have a huge bar to get signatures to even get on the ballot so that's a big speed by for one thing the other thing is that. The truth is Almost. We've had thirty percent of our dry counties got away at. in the last six election cycles so for example you have Benton County Boone County Clark County Madison County sheriff county saline county Randolph County little river Arkansas County. Van Buren and seventy eight county and the last two were in twenty twenty and that's that's after a Walmart backed off and promise not to get involved in the local alcohol actions for eight years in exchange for being I don't broaden their their wide selection. So it's it's not impossible as these counties have proven to be able to go with it if they want to go away. The other issue is Lowery brought up is the local control you know some I've learned in the last couple years to home here is that local control is great until we don't like what the locals want to control so so so that that's a big opposition that we have to this particular bill We know we we talk about going to city council I've been in those city council meetings I've argued against them and the challenge that you have is it why should the voters once they have voted on something have to constantly go before their city council and defend that vote that doesn't make sense to me so what we also know that. Bills like this art popular they're not controversial they're not widely advertised so they often come in under the radar city council passes on no objection and then boom next thing you know the voters that trusted us to keep the faith and honor their wishes and their vote all the sudden have something that they didn't vote for and they're and they're set some asking you to consider those facts and I hope you make a great decision for the folks in the strike counties that are left thank you very much I thank you Miss road any questions would you. Would you entertain if any committee members of a question I'm sorry our. Saying none your issue thank you Mr rose thank you. Or anyone else. No one else here to speak for against the bill with one more. I signed up to speak to reasonable. If you wanna go income the other table I don't see your name. It is yourself for the record. Thank you yes my name is Theresa believe at present I'm volunteering with and as director of policy and corporate affairs for speak up about drugs I also chair the NHTSA mandated Arkansas impaired driving prevention task force I'm a member of the Pulaski County detention center citizens advisory board and and appointed by the governor to the Arkansas alcohol and drug abuse coordinating council we oversee the programs and funding for Arkansas's prevention treatment of drug task forces and today I'd like to talk to you about house bill twelve twenty eight as it relates to entertainment districts regrettably during the twenty nineteen legislative session these entertainment districts became allowable in which counties and you know we don't yet know the impact of that law in our which counties there hasn't been enough time to evaluate this and giving covid I would expect it would be another couple of years before we have the statistics on that house bill twelve twenty eight is a policy change that is premature and it is an unfair preemption of local control and what has been reasonable compromise by communities we talk about wet and dry counties and I liked it our I say that we have wedding dance counties because of the number of private clubs that through compromise have been allowed in dry counties and as a matter of fact we we have several counties that don't even have private clubs because of their options and the local people want it to stay that way what we do know is that based on research by the prevention research center and others these districts in other states see more frequent incidents of violence and alcohol related problems we know based on recent research that these districts in other states create frequent demands for police resources due to over serving overcrowding and poor staff placement security we know based on research that closing our. Krauze often linger in an entertainment district particularly where there's an absence of public transportation now to any of us really believe that there will be enough taxi or uber service available in rural counties and are what are dry counties to provide a transportation for those who have consumed alcohol a couple of other things that we do know is that we survey seventy thousand plus of our young people in grades six eight ten and twelve they report an average first age of consumption of alcohol in the state of Arkansas at twelve and these young people get their alcohol from a friend or family member who is over twenty one. We know that while we have made great strides in addressing impaired driving fatalities here in Arkansas twenty five percent of our fidelity still out the whole related I'm asking you to vote no on house bill twelve twenty eight based on this what you already know. Is the local community preference based on what you already know about risk factors based on what you already know that young people are saying based on what you already know about challenges facing law enforcement based on what you already know about access to public transportation in rural counties based on what you already know about the during the devastation of drunk driving crashes and based on what you don't know. We don't know the impact of entertainment districts that are existing and already an option in which counties we do not that research on communities with long existing entertainment districts in other states our problem. Did you know. And and we do know that law enforcement agencies. Report that there are devastating consequences and a huge burden on law enforcement in these counties and districts. One other thing to add this bill adds private counties I'm sorry private clubs to the entertainment district law that means that there will be seven hundred plus entities. They're adding seven hundred plus new. Occasions new entities that can go to their city council whether it's wet or dry to establish an entertainment district around their club at seven hundred plus potential additional entertainment districts in all seventy five counties of the state of Arkansas. I think that that's risky business and they are just too many unknowns at this point to change the law. I would be happy to answer any questions or any questions are we have any questions from members. I do have a question for trees that you based at seven hundred number on the number of this tri counties with cities in the tri county no I'm basing that on this is adding private clubs to the list of restaurants and and such that okay so in the state of Arkansas that there exist more than seven hundred. The clubs so within wake county is the number of entertainment districts can be increased and within dry counties they can begin. But there are a total of over seven hundred private clubs in this state okay. Our. No questions from members. No one else in the audience it will speak for against the bill. You want to close for your bill. Yes I do thank you Mr chair. And I just like to respectfully say that it is absolutely not true that there could be seven hundred new entertainment districts and every bad restaurant with a private club license cannot create an entertainment district around itself so I want to clarify that I also want to say that I respect Mr page and Mr rose but what they're arguing on this bill has nothing to do with this bill this is not about what in dry this is simply about. Restaurants in dry counties that already have. The club permit may petition their city council to create an area designated area to be an entertainment district it does not allow for any permits new liquor permits it does not increase alcohol sales for access to alcohol you still have to go into the restaurant that already has a liquor license in order to drink in order to even be able to walk outside in an area that's designate designated as an entertainment district so please let's be clear this is not increased access to alcohol it does not increase liquor permits and it will not create seven hundred new entertainment districts across the state dry counties that do not have a private club will not be impacted by this bill they have no private clubs or areas in their community to even petition to have an entertainment district. So the points today while I understand and hear what they're saying they have nothing to do with what this bill what the impact of this bill will be as want to make sure that that is very clear. There's been no issue the last two years immediately when we pass this bill last session what counties deemed areas entertainment districts and there have been no issues to date with that. And thank you members for hearing this bill I know it's a hard one to read through and I appreciate your time and attention and ask for it but. Our committee members Senator Davis is closed any discussion. Sure entertain a motion. Senator Hendren present you. We have a motion to pass the Senate Hendren the second from a Senator Solomon any discussion. All those in favor say aye. All opposed. The Bill pass is Senator Davis. Arts. Centerman. You are recognized to present senate bill four seventy three. And we have an amendment. Thank you members we'll pass that amendment out you may already have it that this is the amendment requested by some members of this committee so and I'm Senator Missy Irvin for the record the Amendment does what was requested that so that we have council approval on this process I'm also the second part of this was actually a really good cats because you would have some people that are some state parks I have a current permit and then we wouldn't want the bill to pass and then have to re apply for a new permit for one month and then apply for the new permit you know a month later so that's the second part of the amendment that is so I'd ask for this amendment to be adopted into the bill are we haven't. I have a motion to adopt the amendment I have a motion and a second. All those in favor say aye. Social. Are you may proceed to explain the bill sent okay so senate bill four seventy three and like you heard last committee meeting and just to create some consistency and streamlined process. Sir Clark sorry. Better okay. And Senate bill four seventy three as amended then it creates a new state park permit with ABC that I call board members control and and with the amendment requires a county approval as well so we just try to streamline that process as much as possible and this is really just an effort to create some consistency for state parks and like I testified last committee so I'm happy to answer any questions. About the bill. Committee members rivers next nice of the bill any questions Senator Johnson. I think this might be a timely questions Senator Irvin would disallow the state park to create private club in a tri county. I ask this park we're located in a dry county would allow them to do so what you would have to have County permission you have to pass a county ordinance charming me I guess yes but I mean I think there are some there are some already located in tri counties so this doesn't change that that's why the amendment was requested. Okay so I I see Director Chandler was nodding yes soon that to get and again I'm respectfully she is saying that this would not require a for example if the state park. And I know what you know vote Senator nose in your district in the case again where it County no no it's a tri county but this would require council approval by ordinance is filed by the quorum court yes yes if the park and not every park is. I'm here in an apartment generally aren't in the city limits with some kind of cross over into or in the extra care toward jurisdiction would also and again I'm asking both the hours would it require a vote of the city council in that same situation. No the amendment that was requested from members of this committee was for council approval on hi and. I agree with. That request okay yeah and I guess my last question Mister chairman is serving this to your knowledge I know this is prospectivity could be something else but with this at this moment the primarily for the folks at. Is it the only one you can think of that that fits or some other Senator Johnson. In center Johnson thank you for the question however. State parks are a business state and take that cover the entire state of Arkansas and when you look at how into this processes and how complicated this one stayed did the because I asked him and said well you know what is this process and do you have to you know why is this not necessarily a different process because within state governments within state parks and so because they have they have to operate their books right and we know because of covid I mean what you saw the governor had to make different decisions right to allow restaurants to do different things and things like that just to keep people afloat and so in some of our state parks there literally in the rat and you know we I guess then the state parks have to make a real decision about are they going to continue to operate them are they not you know but we we make them responsible for their books we make them responsible for the activities of their parks and so we need to be able to give them the tools to do that with and again you know this amendment was requested by the members of this committee for council approval and I obliged that. Well I'm I'm happy to have spore the Amendment act could very well vote for the bill to but I just wanted clarification on this and who is so you're you're saying this is something that says tourism for the state of Arkansas and the ability for for patrons that come to our state parks wherever they're located if a patient comes in eats at a restaurant from Tennessee or Missouri I think there's a level of expectation that they're able to get something with our meal and and so that's a hard thing because you can't advertise for that you can't they cannot buy by the permit advertise that. But there's a consistency and sometimes when you don't deliver right some people might not want to come back and I think it's important for us to have a focus and a marketing plan which I understand that you're familiar with marketing and messaging and and that's important but there's got to be some consistency in our state parks and that's what we're just trying to accomplish will center and I have the tool in my district which is Betty Jean the original state park so I'm supportive of promoting park I just wanted some clarification on these things and and I'm since we just went through a situation where we had people talking about local control and all that I just wanna make sure we're doing it to the local control and dry and I appreciate your amendment and again I was not arguing with you over the the overall mission mission of the bill I understand that and how we would the tractors and I just wanted to get clear in my mind just exactly what we're doing because at some point I might have to answer someone is a question but I appreciate your answer and it was thrown up I got what I needed at a so thank you thank you Mr chairman thanks John to any other questions from committee members Senator Clark you're recognized. Senator Irvin the I think this is language clear of but. This house dogs barking dogs. The I think this language is clear but the the this requires the local quorum court to make a decision is not reversed that process right. I'm looking at all yes all socially because I wanted it to be in so many things that we voted on that there was no choice yeah no longer needs a lawyer so I just want to be sure absolutely I want there to be a choice thank you for. Thank you. Are any other questions from committee members. AT is there anyone in the audience that would like to speak for against the bill. Senate centerman close thank you I really do appreciate the suggested language and then I also because it also allowed us to cats that other part of this which is really important in the bill to so thank you I just would ask for a good vote our. Centerbridge closer bill we have a. Motion. Senator Solomon motion motion do pass. As amended. And the Senator Flippo second motion indiscretion. All those in favor say aye. All opposed. Centerman your bill passes thank you thank you members of the committee appreciate. House Bill sixteen thirty eight Mister Fortner. If you want to go down the table in. Recognize yourself for the records you you're recognized. Thank you Mr chairman Jack Fortner. Representative district ninety nine. It's a pleasure to be with you this morning the bill that I bring I bring on the behalf of our county assessor's. this bill is I'll just apologise right off I'm not having the best day and and if you all. I don't know my wife is struggling her cancer is back and I probably should need to be present and stuff to anybody but I'm gonna go right ahead. This is to recognize assessors and their employees that have gone the extra mile and attained training beyond their basic training. it authorizes a cash bonus at the end of each year these monies do not come out of the counties they are rewarded by the assessment coordination division and traditionally in law. We have paid the first two levels there are six attainable levels this amendment will authorized all six once they attain and I'll try to answer any questions for. All right any you for our next plan to the billing questions from committee Senator Clark you're recognized. Representa Fortner of sorry for. Your personal situation in your life being sick on no that's very hard. Of. But. I have a problem. With this. And I think I represent a lot of people. Of the for years and years we had no problems at all with this section. Of we have a courage. That's fence posted. And you know we had and the. The but we had a. House. That people actually took the everything including the cabinets off the walls. Of so we take it. We take all those posted signed except very seriously. And we're not hard to get hold of. And more than one time we have found people wandering around on our property and normally we come more normally people that are wonder on our property fund is coming from more than one direction. Of and. And I have found that folks from this office of late may just be one county or to. Of and again this is not the last year to. to be rather arrogant about the fact that they can wander around on my property senator I I appreciate this comment but I think it's dress development coming up next okay I thank sorry hold up around bill but I think that what you're saying it will address that let me says Rosanna resented and what's. That's good we'll get to that the minute thank you Sir thank you Senator Clark Is Senator Johnson you're recognized for a question. Thank you Mr chairman Mister Fortner will the threat was thank you wonderful lady of. I one thing I look at this I thought was Senator good idea and then I got over on page two. On line nine in its it shall receive annually. And I it's one thing I think to to. Pay people and give them a bonus for. Professional development it's another to say and you're gonna get it every year and this is coming out of state funds this is coming out of the system coordination division of was that the all time intent was it's a leave for ever longer deployed in that job they get this extra seven fifty five hundred seven fifty or a thousand dollars from that fund as I understand it as long as they maintain that level of expertise yes they have to recertify each year to get the money so we're. In effect State. Will be subsidizing counties on those employees and again I that's why I'm having problems with that the what D. F. and I came with on the the revenue income impacted says it course either they might be saying that's revenue impact on general revenues but to allow taxpayers out there it's like well it's still our money even if it didn't come through it's in something that could send and assessment coordination divisions operation funds but they don't generally get that distinction again I'm I'm for encouraging people to better themselves and do a good job but you know it's like a. You your your kid does a good job gets a Blue Ribbon and you give them a little reward for expect to get it every week and and this is my before I have a little problem with but that is what I'm understanding the bill correctly is to. Yes but they they don't just get it because the attained it once they have to maintain their level I understand I thank thank you thanks for that comment yes one last thing is is there anyone here from assessment coordination division that can can tell me what yes lady back I just wanna know what the the anti annual revenue and again I know it's not general fund so there by things that matter but I think it matters if we could have someone Mr chairman that could have yes ma'am if you want to come to the table identify yourself for the record. You're recognized standard questions. Thank you Mr chair and members of the committee I'm Sandra Carter director of assessment coordination division of DFA to answer your questions and you're wanting to know how much for What will first of all I know how much can very because some of these people say Hey I want to go get this certification so I guess extra five hundred seven fifty fifty hundred dollars sure here I'm and and I know that when you're just you're hanging out of an incentive so to speak it's not that you're absolutely going to get a a a hard figure this is what the the cost of the but do you have either a project of current situation you did should for the next year by the project and then how how many for example how many people in the state are potentially out there to to receive. Well okay so we do have this is available to all assessors and their employees and anyone working in ad valorem and state government it is not eligible for anyone working for N. reappraisal contractor so I'd like to make that clear and also to to help you with your other questions the this was done back in nineteen ninety five and it was done the one of the main reasons it was done is because counties especially small counties I have a very hard time being competitive with salaries and this was sort of a way for us the and I have a CD to help supplement people who went above and beyond who could go to the private sector and make more money but it is so crucial for our schools in our local communities that we have those educated people in the offices and this was kind of a way just to try to help them you know want to stay at the county level and so just to kind of help you with that but for those of last year was a hundred and thirty three thousand dollars is what we see paid out in and there's a line item in our budget that has been there that is for these professional development payments. We've been doing this for twenty something years yes Sir yes Sir is really just in Cassie misprints not and this is just an increase well it's not even really an increase the the additional designations that have been added but we uh adhere to the standards and best practices of the IEE which is the international association of assessing officers and they allow for these designations that people work very hard to get to they have to take a committee hours of appraisal classes they have to pass a comprehensive master exam and some other the and plus to just regular appraisers who choose to work in the Avalon feel we have certified general appraisers that the Arkansas appraisal board licenses that do ad valorem work and work for these things and so you know it takes a lot of education lot of time a lot of testing for them to do this and so I WO over the years has just added additional designations and we just want to make sure because the original language did not cover those but I believe it was even less than ten people that have attain those at this point we just don't wanna leave them out that's a great explanation I appreciated and I believe I can support bill I just to I didn't want us to get into a situation where you know other people say why do a good job in my profession I should should get a raise to an end but this is is something that's done throughout. State government and anyone that deals with appraisal assessments yes sorry absolutely thank you very much thank you Mr your. Like Senator Johnson in any other member Senator Solomon. Healthmaster go with the point that people sign up for the job they know what the requirements are this is one of them my correct what it takes to take the the CMA's or whatever you column that's part of the job description when you take the job. Well well on the county level most people when they begin the job unless they move from one county to another you know they start out just as a basic deputy assessor or you know in another position and it's after they have been in there that they choose I don't know any assessor who requires all of their employees to go through these training different from what I'm asking okay I'm sorry when one takes the job. Everyone understands when they take the job if this is a requirement if they have that training in my correct well but it's not required that you used to do this is to stir okay so you could find in the job without taking that and this is really a bump in pay are taking that next step yes Sir and unfortunately we do have some that that try and and they're they're not able to pass the test thank you two fifty no they don't get anything thank you. All right any other questions from committee yes Senator. Thank thank you Mister chairman so this professional development is it only available from the Arkansas appraiser licensing certification board or there other places they can get it now would I it's through assessment coordination division but we do have people that are that qualify that have licenses also with the appraisal board we have some certified generals and some of residential appraisers you know who went through the private sector first then chose to become in the ad valorem field employees in the ad valorem field so somebody is working and wants to get this training how much do they have to pay themselves for their training and testing and so on. for the around the state pay that well the basic ACT classes and the the the first level four designation I know you've heard over the years somebody talk about being a level for saying your prayers are that up to appraisal manager that is supplied by a CD that is part of our mandate to educate the assessors after that point if they choose to go for a higher designation and it requires classes that we do not typically offer than that cost is on them. And like what is that cost normally average it depends on where they get the class from I know that sometimes the I'd Arkansas chapter by the late will bring in a specialized class for people that they have a good enough group is looking for a certain designation and I believe for chapter members of the cost is like three seventy five and for non chapter members like four fifty for the week in but that does of course include any lodging or anything that that would be required to have an on all these recognition payments it basically says assuming funds are available at the always been available NAS yes Sir they have always been available. And but there are people who to Senator Solomon point. Don't have to do the training don't want to do the training and they're just on those before the corrected there are many employees in counties that do not that choose not to go to class okay thank you you're welcome Senator Clark if questions. Yes will trouble right bills to. The. Why is this and this may be a question to. Subsection counties but. Why is this not a local function I mean I can see county Clerk having people getting special certifications Arkansas treasurer's office in the City County judge's office road department except for any special certifications in the state mandating. Salary bumps. why would the assessor not make this argument to the quorum court in the county judge in the budgeting process and and as a senator salary scales that this ought to be done well I can assure you senator that that week and and I'm space and I say we I was a former sensor and I know that my fellow sisters at the time and I always tried to make that argument but sometimes at the county level especially your smaller rule counties they are just so limited on funds and they just feel like that they're not able to do so so you're asking us to over the they're not doing it because they say they don't have the money in your asking is to override their decision what a no Sir this just this comes strictly out of the mandate that was done many years ago that ICD would offer education to assessors and their employees and this is just another step in that we get we are the one that is the All the other associations have different types of continuing ad but the assessors through the as assessment coordination division they are offered the specialized college level appraisal classes and other than maybe law enforcement I'm not sure that there's another association that has that level of education. Amendment Heller but the county is. Like I mean when I was on the board shall lead the effort to. This we had no. Plan pay scale we had you a come in and do a study which was quite expensive and we spent months. Interviewing everybody ends so that would be part of. What we did and setting up. Salary skills in the State Council will now after you've already considered this. We're going to we're going to mandate that it be even more of does that make any sense it does and I I would love that every quorum court would do that but there are counties out there that it does not matter what you do in the county if you are on considered A. Clark of some type you make the same salary across the board number regardless of your job duties yeah we have some report counties thank you you're welcome. Are any other questions from committee members. Seen anyone in the audience would like to speak for against the bill. We have a Lucia Austin Smith. If you want to come in the table with Smith. State your name and who you're with. Thank you Mr chairman members of the committee I'm Alicia Austin Smith on the senior counsel of the department of finance of course ACT is fairly new to DFA so my knowledge on the topic will not ever touch our director center call years knowledge on on the topic on these individual designations we certainly appreciate representative Fortner sponsoring this agency legislation for us my understanding of the of the bill is just that this is already current law the fund is already there they're not seeking any additional funding that the payments are are pro Ratta so that's why there's not a revenue impact on on the budget listed in our fiscal impact statement because they're not seeking any additional funding it's just that there are six total designations and only two of them are are currently recognized in the loss of their seeking to have all six of them to essentially to modernize the law and and catch up with those different designations because you don't want to tell everyone employee who reach this designation Hey you're yours is recognized in the law so you do get a payment but the the person next to them that thought they were also you know going to receive one of these recognition payments the it your is actually technically isn't in the law so you don't get that recognition recognition payment that that's my understanding what they're trying to do with this bill. And and we're happy to answer any questions Senator Clark in question. So maybe I'm misunderstanding something where is the funding coming from it my understanding is the ACT state operations fund okay so. So this money is not coming from the county budget. It's coming through. It's coming from. The state fund. Kalisto host appropriated. Or no has been paid. At. Yes at a call center the lights. Well that would clear things up. More cheers I mean that would that would I'm sorry. So every year by June thirtieth everyone who is eligible must sending in their applications of two ACT that and show that they are still that they maintain their continuing it and that they're still eligible for that credit and then all of that is sent and the auditor of the state issues those checks so this is coming from the state moneys already funded and it affects the county budget but not at all it has nothing to do with the county that's helpful okay senator Johnson your question. I feel like I'm chasing my tail here When I see the impact statement it says none. I think it's too costly. I don't think this is accurate that bothers me if it's ten dollars our million dollars we ought to get the figure so and I think following up on Senate Clark's question just because the FMA puts this in this budget for assessment coordination division and it's been being done at some level for the last twenty years twenty five years that doesn't mean that adding other categories has no revenue impact so I'm in support of this bill and what you're trying to do but I don't like saying there's no impact because I've also had cases where I've seen these green sheets in revenue tax and I thought they were totally bogus I have had a bill presented last week that I presented exactly the same bill two years ago and I had a revenue impact of one figure and the exact same bill comes up last week and I get one that's twice as much now we depend on you all for accurate data in the truth and sometimes we don't like what you tell us and sometimes you just basically say you know Senator represent this gonna cost money and we can live with that but take to send the substances there's no revenue impact bothers me but this is a good bill I'm not gonna hold it against the sponsor and the agency but please in the future we're we're we're grown ups we can handle the truth just tell us what it is and will bite the bullet and deal with it but but thank you for coming forth and clarify yes ma'am absolutely. Thank you senator Johnson I I of course can't speak to the bill and revenue tax but you don't have to refer you to reach out to me anytime and and maybe there is a difference a distinction from one year to the next that I would be able to provide information they can explain it but but you for C. certainly on on this fiscal impact statement when we score a revenue impact it will it is scored based on whether that will be a change to the budget or not they are not seeking a change in in their funding so essentially if they have more individuals who are eligible to receive these payments the money is the same so if you look at the law it's up to seven fifty up to a thousand so that more people are eligible for these payments they might actually receive less because the budget is the same and that's why our revenue impact is not because nothing will change on our end that will change on their end so the number of eligible. Assessors are deputies sessions what goes up and it bumps up and make seeds the capital so that much that number times whatever's in the budget then they might instigate fifty hundred dollars might get thirteen hundred twenty five dollars each or something like that correct it's pro right okay that's fine I understand that that an apt at least it that helps in the budget since I appreciate it but you know I just I don't I don't want it something to not make sense and that just wasn't making sense thank you so much for explaining thank you thank you Mr are any other questions from committee. Thank you ma'am. We have of Sandra. When the French. Okay are. With anybody else in the audience. Want to speak for against this bill. Arsene nine. Forty one close for you will I'm closed thank you I appreciate a good vote March. We have a motion from senator Clark do pass in the second Senator Johnson in a discussion. All those in favor say aye. All opposed. Graduations Fortner. Thank you you are recognized to present House Bill sixteen thirty nine. Okay House bills sixteen thirty nine. the county assessors are required to appraise and assess our properties now by law. And the law authorizes the county assessor to enter the property for appraisal purposes. What this bill is doing if six standing that authority to the assessor's employees and independent contractors so that they can assess. Or so they can assist the assessor That's how it's done now but we uh we wanted to be at law so that it's there's no Confusion about it. Okay now I'll take any questions. Our committee for. The Bill explain any questions from committee members. Senator Solomon. These folks that are in our property background check. You want to pull your mock up. Thank you senator I'm sorry yes of the the folks that are coming on the property is there a background check done under security check or anything like that with these people that are entering private property yes they are and do they have to notify anyway the property on or before they come on the property. I think I know the answer that but I think I'll bring the lady that knows everything help me. Ma'am if you want to involve self again Sandra collier director assessment coordination division of DFA thank you senator for your question we of or the assessor's I'm sorry I keep saying we I'm kind of still in my sister mode sometimes day put in every forty five days a notice in on their website or in a paper or something that state what areas that they're going to be working in it it would almost be impossible to to specifically notify every property owner and you also have you know rental property and other property where the it wouldn't be where someone you know would be there or whatever but but they do try to let it be a out in the in the public realm where they're going to be working what areas of the county they're going to be working the it with Act eleven eighty five of nineteen ninety nine that mandated the re appraisals that became the the reappraisal companies and contractors really came into play at that point and of course you know I'm I I know that they're very of careful with who they who they hire in the training that those people go through those along with anyone from the assessor's office are supposed to have of identification on them signs on their cars most assessors in fact I don't know when a sensor that has not done it in their bid of specifications require that of their contractor and of course any in house counties are really good about doing that okay what I didn't hear you say that there is a background check. At the try to make sure they hire good people I didn't hear you say there's a background check well I I just know that like on the county level I I can't speak for each individual contractor what they go through in high in their hiring process I know in the county that as a former county official you know that we do check to make sure that they do not have a you know a criminal record or anything that would that would make us be apprehensive in them doing that job Ferguson. Trying to nail this down so there's nothing codified that requires these people have or haven't tried asking a yes or No Way one thing by it says they have to background check not that I know okay and saying there's nothing codified that says they have to notify when I walk on the property I don't have I'm not required by law to make an attempt to notify the property owner that I'm on their property they always go to the door everyone I've ever known will go to the door entity answer but on the far. I do not believe that okay thank you okay thank you Mr birds center any of questions. Thank you Mr yeah I'm I'm learning a lot here today I didn't know that they could come inside the house so the manner they can no we do not go inside the property the only time that anyone will go inside of the house is if someone has appealed their property and their appeal is based on the fact that they have the floor is gone or you know there's something some interior defect that would greatly of affect the property value and then at that point they can make an appointment and they can request that the appraiser walk inside the house to see the damage but that at no point when in a normal reappraisal cycle when they go to a property do they enter the premises okay so that and that's what this is talking about in those appeal type situation that the contractor the person working for can go in well this is the original of language for a twenty six twenty six nineteen was done in nineteen twenty nine and that was for the you know to get the assessor the authority to go and visit your property and in say you you know your real estate holding your out buildings and all of that this is just especially with Act eleven eighty five in the the real birth of the reappraisal contractors and their employees this is just to try to extend that that the upset because the assessor physically cannot be the person to go to every property and sometimes they need to send their employees sometimes they you know they've contracted with the contractor and this just kind of extends that because you know we have had instances where property owners have said you can't come on my property you can go tell the assessor they can come because they're the only ones allowed this is just to try to you know put them under the umbrella of the assessor. But again the Moore says enter upon and personally inspect the properties at talking about insider just now we shall it's just to you know to come on to your to your yard thank yes. Part any other committee members questions Senator Clark. Okay so we need the reason to extend the it is so that more people in the excess or can go on the property the assessor. Don't expect a problem from because he or she is elected. Of the. But how many people do you think it is that insist that the assessor. Personal income. I just know there have been a situation so that we and you know we have property owners who absolutely refused to allow anyone on their property I I can only speak from when I was the assessor I gave instructions to my reprisal contractor that if their employee you know went to a house knocked on the door the person said get off my property they would just leave. And you know you can't that that that that's to me just the best way to handle it I know several that have that have been asked to leave property but for the most part taxpayers understand and there are more than you know they just like please measure and do whatever you need today. Games and also just you know get free information if if they do come upon locked gates they do not cross locked gates no that's not true. Well it made my suggestion he did not we'll that's not true is not in this is not in this law. And I wouldn't have that job DO and what we found them do it because I wouldn't be out on people's property posted behind the fence in a locked gate but they were of and it definitely colored my thinking of and then we were told arrogantly. That the losses we can be here. And I don't know. No other than a game warden I don't know anybody else that can yes Sir and I'm sorry that that happened I'd like I said it just for my experience and from other sensors that I have no well I I know that they would date the ones that I've always been with that they would be very disappointed to hear that that happened I thank you and I'm not trying to hide anything you know they can they can come see measure order it you know it's not like we don't have aerial. To start with exactly so of I have again I can understand you know the the somebody say and the sensor can come it really depends on the context in which they said that I might have said that that day that this can come if they want but you get off our property share I understand that thank. Senator John do you have a question. Yes Sir thank you Mr chairman Do these independent contractors does of qualified immunity extend to them. That would say are required to Kerry liability insurance all eight any you know make sure that their vehicles are insured they have a liability umbrella policy everything and there they have to carry their own workman's comp insurance and they have to verify that with us every year how much is the. The limits on the policy that how how much of a covered for. I thank the liability I you know I don't want to say because I'm not sure but I can get that for you today okay absolutely I'm I'm real. I'm I'm kinda like Senator Clark I. When you get a contractor someone that's not a public official carrying out public duties really under the color of law and its we're we're great grandparent I'm I'm I'm just it's. It's not it's not black and white there's a lot of great here and I'm trying to discern that but I'm I'm somewhat troubled by the use of these people and private property issues and racist students under Clark's concerns yes yes Sir and I and I do and to understand and just to to kind of help you understand little bit more take these reprisal contractors you know when that day work really hard to be in these contracts and and I have yet in never had an experience and they usually will just go above and beyond for that assessor and do exactly is that a sister wants them to do because they want to keep that contract. Well I'm in this session will be re elected to but I don't want to ever get a situation where we're subcontracting duties of elected officials so they're not accountable as well I didn't do that the contractor did that and so I'm and again certainly they happy ultimately responsible but I don't want to answer any questions about who is yes Sir yes Sir thank thank you thank you Mr Senator have. Thank you Mr man and. I would echo. Some of my colleagues concerned about this and. I feel like a lot of times we we have passed off the duties. of this sensor to. Be fair to the public to the independent person. And I haven't had any. Problems in the last few years but not been that long ago. With the independence that are supposed to come out on the place. And value but yet they took a satellite picture. Going to different. Barnes not mine. That were open completely open with IBM. In the appraised him as a fully enclosed barn and it's a lot of difference. So there they didn't do their job. We've had some other things that have happened in in in years that When you find out the dish discrepancy of then a Walmart parking lot and a lot of concrete. Versus a individual small business owners concrete the small business owner concrete was worth a whole lot more and I'm not talking about the biggest difference and I'll let calculation calculations. Somebody got a break when a small business owner yes you can go before a board. So. Just in the job they have to do I wish. That all local assessors would. Try to. Get the property owners in the. The assessment inspectors. Together when possible because sometimes an explanation is worth a whole lot yeah you can always go through the process. But people are working every day trying to live their lives every day and it's just not a perfect world so well I'm not. Against their right to do their job we we are lacking in there is and I thank you all or. Purposing to be a perfect system it's not a perfect system. Not determine you know the the background checks and some of the stuff is it is concerning thank you. Thanks enterprise. Any other questions from committee members. It was for Dr I just wanna say this war one of the most sacred rights we have today is. Aside from freedom speech and subcommittees are property rights a lot of people put put that right up there with those of the two in the world we live in with so many individuals and I live in a rural area of the country and we are seeing people now come in on our farm that we never seen before and a lot of Amer do you know they're coming from all over the country they're coming from even south of the border and they're coming out with countries in. And the. It just seems like it's a very dangerous thing to allow a lot of people on your property. These people of the land owners don't know or property owners don't know. And the to not make them aware that they're going to be there I've I can't support this bill up there I don't speak for the committee but I cannot support this bill any other questions from committee members. Senator said Johnson. Thank you Mr chair and I'm I've had always go back what you just mention of. Constitution article two section twenty two says. The right of property is before and higher in any constitutional sanction. That means it's even above freedom of speech for you keep and bear arms and all the other things the Arkansas constitution said that's number one and I'm I'm questioning if I can good conscious support this without a whole lot more sure it's is that we have so I'm grateful for the intent of the sponsor in the in the staff there the good folks are trying to the right thing but I think we have to tread very carefully on this they're not so thank you or any other questions Senator. Thank you Mr chairman I don't disagree I was carrying property rights bill's clear back in the nineties but I guess my question of the the other issue here is fundamental fairness of taxation and funding our schools and so. The way I understand this bill is the only thing we're doing is making it clear that somebody can't say the only one that can access every piece of property in this county is the county the elected county assessor is that right correct so failure to do this and and people who understand this that are going to be able to tell everybody else you're not reassessing my property which I guess would mean if they've added new facilities or whatever there is no way to have them pay the same share that everybody else is paying on the books is that correct. Possibility. I mean is this a problem right now do we have a lot of places where people are taking that position that you cannot come on my property unless you are the one I have voted for on the ballot. Well that just in general they're it with you know the times there are more and more people who have requested NO one comes on their property and we actually have commercial businesses that will ask you to leave there to show a commercial business could save not by the law the way the law is written and there correct. You gotta senator Sasser out here himself or herself yes Sir okay thanks. Or any other questions from committee members. Anyone here to speak for against the bill Mr Calvert. Cover you're recognized yourself for the record. Thank you committee members Paul Calvert. To article two section fifteen of the Arkansas constitution and also the Fourth Amendment promises that we should have the right to be secure in our persons houses papers and effects. Obviously government needs a source of funding there are numerous options for collecting money to fund government if we care about the US constitution and we care about the Arkansas constitution I think we have a duty to avoid establishing tax collection schemes empower government officials and government contractors to search our properties in a manner that would qualify as trespassing regular citizen to the same thing. Frankly I'm I'm kind of happy about the fact they're more citizens out there telling government agents no you can't search my property I think that's cool at their tone government agents at. Even service contractors I think it's cool that people are waking up and seeing you know what you need to get a warrant you wanna come on my property in search that's that's what the constitution says I understand it. Property taxes all the way to collect money for government because it subject property owners to have in the property taken if they become poor due to an illness or other hardship it treats property owners like service we're basically tenants are on property. I believe this bill further treats us like served by allowing greater freedom for government agency even contractors to Snoop around our private property without our permission. Last night about twelve hours ago now. I was looking at the agenda for the committees and I saw this and frankly it kind of made me mad. So proposed about a Facebook like I do a lot of different bills a run to the session. And after only about twelve hours. Think it's already I think it might be the third most shared post I've ever made people care about this. People want government agents report or even their contractors snooping around our property I mean can award you want to come on our property. And I appreciate senator Johnson bringing up article two section twenty two I've already put it all here today to talk about. The writer properties before and higher in any constitutional sanction. Please vote this down I think we need to re establish property rights and just general human rights. People shouldn't build come or property do we actually believe in property rights please. Thank you. Start senate hearing if questions first come yes I do I mean and I appreciate your comments but it sounds like you're really more arguing against a complete abolishment of property taxes than this method of how we assess them is that right. Source and so I think this is one of those things that I recognize that property taxes exist and that's one of the reasons. Why this type of legislation sounds more reasonable because we're already collecting taxes this way therefore we need to we need a way to enforce this form tax collection for of tax collection is kind of the premise for this legislation I think this premise that form of tax collection is a bad form of tax collection because it it it essentially sort of justifies this behavior which I think is arguably unconstitutional to begin with okay and again I don't wanna get into a long debate about whether I don't necessarily disagree with all your premises but you have to realize that forty to fifty percent of our entire budget for K. through twelve come from these taxes and whether this bill passes or fails that's going to continue to be on the signing died in the first session sure right so we're going to have schools funded in this method unless somebody puts a constitutional amendment on there like we did twenty five years ago to change that right agree right so now the only question is since we're going to have this system. Should it be imposed fairly should should everybody pay if there's thirty mills evaluate on your property by the by the election of the voters of your district to support your schools should that be implemented fairly. Or should people be able to use this provision in the law to require one assessor to assess every parcel in the entire county. Fairly I think is in is an interesting word because I think and if you can we say it's fair and also just at the same time and so it is so government hurts my neighbor. And. Maybe he hurts me worse and so I I complete well that's not fair the government hurts me more than it hurts my neighbor I think the proper responses that I should be happy the government hurts my neighbor less than hurts me and I and I I think that the best responses that the government to stop hurting any of us and let's bring about justice must do this right and yes I understand you're right we're not going to abolish property taxes this session or maybe any time the next twenty years but in the meantime can we at least not increase the the instances of people having their the rights contract hold on I think that's kind of what's happening. I appreciate your question thank you. Senator Clark your question. Yes of. The the the pure organic it's property taxes you're making the wrong argument the. The what the bill says. Basically is that the state needs. More rights the property owner needs less rights isn't that the way I read it exactly it is of. The of certainly I agree with Senator Hendren on the the need for funding and for everybody to be treated fairly but Mr cover we have many examples through a legislative session of getting the wording of protecting whoever needs to be protected in this case the property owner has served if in case if funds the fact the government does need more authority than we could have the wording that also protects property owner which this does not. Correct I believe so thank you. Our committee members senator Johnson of questions. Thank you Mr chairman and adult how I agree with senator hindered on our NHS funding and and let's deal with real bill here this is what we're doing but but the thing is in this you look on the bill first page online Thirty five it says extends to employees and independent contractors the county assessor's office that's kind of where my problem comes in and senator I don't have a problem with the deputy assessors the employees they are to me an extension of that elected official and accountable and that's fine I. This analogy that Senator Rice brought up really is my concern if someone to appraisers they got here they hang out their shingle they say I'm in may I do this for a living and then they they do a lot of work for Walmart Hey not picking a Walmart just they're big so they're good example and so why Sir concrete not assessed at the same level as maybe Senator Rice as furniture stores concrete or something something like that why well maybe it's because the the independent contractor may have a conflict of interest he wants to keep getting is his big private contract over here so when he's doing this work on behalf of the government maybe he's biased and I've seen so many cases and and most business room probably have where you you might have a lobbyist that represents a client over here but they get paid by this cloud over here to and so it affects the whole dynamic and I am not saying we can totally get away with that but I'm I'm just concerned about codifying into this that we're going to extend government powers to independent contractor Instead of and again I'm not saying the electors censors got to physically get out assess every beach property that's impossible but those people that go to work for him or her every day are the ones that should do share that accountability and if they do a poor job that a sister might not get reelected and that's and that's what we need the the just powers of government come from the consent of the governed and not by you know someone that sits higher on the outside so I'm I'm I'm not totally opposed the concept this but I just think it needs a whole lot more work before we can I can vote for I appreciate that no think it's one of those things that and and somebody brought up about you know if they if they over assess your value. You know if it's if it's fifty dollars do you want to spend half a day fight with the assessment board or whatever they call the the organization. And it adds up over twenty or thirty years but it's hard to justify fighting against them on some of these things and and you may have to get your own server get your own assessment get your own appraiser come out and it's it's it's But. I wish. Hello this is a a pipe dream I suppose I wish we had it a different source of taxation for for this because I think it just brings about so many problems on a principal level in it send me a bill for my for my I'd rather not the government not be involved as much but thank you thank you Mr Kim thank you. Thank you. What what would you say one more thing you know the government Congress just passed a one point nine trillion dollar stimulus package and that one point nine trillion three hundred eighty billion was set aside for public schools. So. Three hundred eighty billion dollars and many of the schools our state saying that our schools are going to be awash in money and some of those schools and a lot of states is talking about giving huge raises to teachers at a time when many of those states are still going virtual. And at a time when many of those states the percentage of kids that are logging on to those virtual studies far less than forty percent. So part of that one point nine trillion is going to be paid by Arkansas taxpayers. That's our debt to our kids or grandkids. Because will never pay for. So having said that and I understand Senator Hendren just and I understand the importance of public education myself. I went to public school. But we we have a. We've accumulated debt that's going to. Pretty huge financial strain we come out of it at all any other questions from committee members. Anyone in the audience which speak for against this. St Louis. If you wanna come for an identify yourself. Thank you Mr chairman president committee again I'm Alicia Austin Smith I'm the senior counsel the department of finance. We again thank representative Fortner for sponsoring this agency legislation for us this is another bill that's a part of ACT's package so so my understanding of of of what this bill does And and the ramifications of if this bill isn't passed right this is not changing property taxes that that might be the discussion of a bigger bill this is not changing any sort of funding that might be a different discussion for another day the the counties are required by law to re appraise on a certain cycle in some counties that's three years in some counties that five years obviously the the county the elected official as as you noted. None of us expected that they're the ones who actually come on to all of our property none of us expected they have that amount of time so if if they are going to be limited to be the only one who's allowed to enter upon your property then that would result in just estimated assessments because they were there's only one that can come on to the property to assess it to appraise it but they're required to re appraise the property so it would involve an estimated assessment if they're the only one because practically they wouldn't be able to visit every single property within that amount of time and and we're here to answer any questions. Are any questions. Senator Clark. Describe the problem your fixing. Honestly it's that this is something that is already happening that the assessors are and their employees and they're using independent contractors to go onto properties to assist in the re appraisals they already require these individuals to wear identification and they already require these individuals to carry insurance at all of that is already happening it's just to protect a potential problem in the future that they see coming down the road where an individual property owner is going to say I've read the law the law says only the county assessor can come on my property so I'm not gonna let you help appraise my property so this is not a fix for a problem we have this is a fix for in anticipating problems what you just said that is my understanding yes okay so let's do not a problem that we can assess that schools are. Collected all the money that states should be collecting property's been assessed this is to make sure that independent contractors with no background checks. Nonelected can go on people's property and that people have no rights. No matter what they do to stop them. That's the fix. That's what you all came up with is a fix it is to make sure that those individuals could not be sued for trespass. The all kinds of things could happen besides being sued. Yeah and you all have been given any thought to that this is your fix. This is the private sector has built yes. Mr chairman that the please the chair I'd like to ask representative Fortner if he would consider pulling this bill down and and working with members a committee to see if we can come up with some moments that might make this bill a bit more palatable thank I surely would well I would appreciate that courtesy representative Porter. Our representative for your you willing to pull the bill down and do some work on it certainly you know what I. We on property to all of us and nobody wants in by stomping around your stuff but it's going on now I can tell you that it's the rare County that the assessor well I don't even know of a county that the assessor assesses everybody's property now it's going on right So we do need to do something that perhaps this is not the answer but we need to do something because. Either that or the counties are going the assessor's. Are going to just assess it. I estimate that's the only way they can they physically can't do it all of them. So right but that I dislike it when we come up with a solution we need to keep that in mind because it's going on now and this wasn't to take away anybody's rights we just want to. I just want to make it more clear you know I don't like a look at the my stuff either but all I have to tell in my county is I don't want you coming out and they'll send me an assessment and I say well that's good I take it if I don't I appealing. I thought and I totally understand that Mister Fortner and in my account in my district we have a large amount of poultry houses that their taxes were doubled and tripled two years ago and some of those are going out of business in fact I had one neighbor that just shut down five of them because you can pay taxes so there's a lot more to this and but I appreciate you pull it down and we will be praying for your wives thank you thank you thank you thank my **** thank you for your consideration. All right Mister Gazaway. Senator Ballinger committee running. House Bill fifteen ninety three. With an amendment okay. The most important part of the amendment that adds music co sponsored. Or have any questions of the amendment yes but also there's there's other part in section D. of the same code that really needs needed to be amended and so that's why the amendment actually is necessary and I appreciate a good vote on the amendment. I have a motion to adopt the amendment second all those in favor say aye opposed part thank you what this bill does is it basically And corporates the same basic philosophy that you have with retired law enforcement and give that same authority to retired prosecutors so currently prosecutor or somebody does need by the prosecutor has ability to carry a firearm just you know the nature of their business they they're a lot like law enforcement a lot of ways it is it's a measure of allows them that type of protection and so what this does is this gives them the ability once they leave the office to still have that type of protection you can imagine Act a prosecutor bills with a lot of bad guys and it gives them the opportunity to continue to have that same type of protection wherever they go. Okay I'm sure you you turn farm to. No Sir. The law allowed him to do that too. Many center you're recognized. So do the prosecutors who are authorized to carry go through training. Like law enforcement officers do it annual recurrence you ready if I can answer that they have they have to develop their own policy within their office and so it depends what policy they have in the office today but they do go through some type training ballot issue also dress that. That is correct it each elected prosecutor is a constitutional officer so we we didn't want to have a uniform but everybody basically you gotta have concealed carry is kind of the basic many of them I know have please qualifications that go to the police qualifications what I did do in researching this issue you all gave us this is already back in two thousand thirteen it is something that we consider a privilege it's it's not something that we take for granted we use the we we all have to have a weapons policy I have a weapons policy I have a use of force policy I have each of my deputies that I'd so designate they signed the policy I signed the policy in the knowledge that they understand that will follow all my rules we also have it's it's part of our it's part of that statute two thousand thirteen you must have identification that and you probably can't see it but is in red that that you're authorized to carry firearms on your identification like what is this if you pass this legislation will have to have retired badges made so that we can do that I had a all twenty eight electives I contacted either by email or talk to them in person all twenty eight elected prosecutors authorized this I also asked have there been any incidents where a firearm was used to farm was displayed in the short answer that was no secret response that be what what do you need this it's just you know Robert Hyman said that an armed society is a polite society the fact matter is if you want to in essence get a prosecutor right now you're probably gonna do it at home. Are you gonna do it work. So when they retire it's not it's going to happen at their home okay so when they're retired I'm trying to understand so you said they have to have concealed carry under your policy now if they have concealed Kerry then why do they need this is it gives an this is when they're using their authority that that I give them and there are places they can go that you might not can go so give privileges like inside a courtroom or places where you can't normally don't do that no Sir but you could no Sir I don't believe you can. Why I mean what we wrote it down in a polite society is you would ask I was trying to stand the privileges that we're doing here right over there the rights and that a thing of time ahead these the school grounds so on a school Graham right if it let's say I have to go to school grant interview the witness I'm authorized to carry a gun on the school property now Fort Smith I would probably call bill Hollenback and tell him Hey I'm going to the Ramsey and I'm going to be carrying out B. again polite about it so do you have to as a retired person a retired prosecutor. And does that mean like. you were prosecutor for four years and I you're not anymore no Sir we we we neared exactly what what it is for law enforcement that is ten years and you had to have been authorized to carry when you retire and I after you retired is there any recurrent training or renewal or requirement to keep a concealed carry permit the exact same policies that you had when you were working in the prosecutor's office and it can be in essence revoked so really the only difference between. somebody that as a standard consists concealed carrier enhanced concealed carry is the additional provisions that you guys have because of your special conditions correct okay. Any other questions from committee members. Senator Johnson. Thank you Mr chairman Sir Valerie I couldn't help but think about my own prosecutor Gillespie county Larry J. glee he and I went to college together Is duties why. His mother was the principal of my children's grade school and their daughter went to. Grade school my daughter. Now there is a lot of people of the river and he's certainly staff and I'm just sitting here thinking I see Mr McMahon back there coach basketball with that it gives me in those days but I don't want when he retires for Larry or any other prosecuting the State not to have. Thanks for they might feel unsafe to be able to legally carry firearms so I think this is a great idea I'm surprised it didn't exist already I thank you for bringing that would you agree I would agree I'm Inslee thank you thank you Mr I thank the principle that you know in this case most of us agree that it it's typically a good guy with a gun the stops a bad guy with a gun and so this gives an opportunity for more people who are trained has been vested with the responsibility of of representing him in one form or fashion law enforcement who now will have the ability to do that and and frankly become a a very more likely target so I think it's good common sense legislation appreciate a good vote. Are any other questions from committee. Seanergy my anyone in the audience. To speak for or against. Thank you close for you bill I am closer to present good card we have a motion to pass Senator Clark second by Senator Flippo. As amended. In discussion. All those in favor say aye. All opposed. Your bill passes. Mr Christiansen. House Bill. Sixteen fifty six. You will identify yourself for the record in. You're recognized for senate bill. State representative Craig Christiansen District forty seven and good morning Mr chairman and committee. I hope we have this morning is so one year shorter bills of the day. This is house bill fifty sixteen fifty six and we want to clarify an existing law that's been on the books since the nineteen fifties and it has the word solely listed in two consecutive sentences or two parts of the same sentence or striking the word solely for more it does not need to be. Ninety brandy has to be sourced from Arkansas based agricultural cultural products such as peaches apples cherries plums grapes blueberries blackberries et cetera produce only within the state and in order to make the bill continue to be cohesive from stem to stern by removing the word solely in one sentence and leaving it where it is properly in that sentence it makes the bill flow properly it's been brought to our attention of that this is been a kind of an impedance order what people had to jump we work through that found exactly where the word was misplaced and now if we remove strike the word solely of words is there of manufactured solely from agricultural or cultural product then says produced solely within the state of Arkansas we chance the terminated brandy it clarifies the bill and does not change anything in any dry counties it's not an alcohol builds clarification of existing law. Heart any questions from committee members. Anyone the audience would like to speak for against the bill. Richey close for you will I appreciate a good vote all right. We have a motion to pass Senator Clark. Second from senator Johnson in discussion. All the favor say aye. All opposed regulations thank you for your bill thank you. I have a minute Senator Clark. Tucker house bill fourteen forty eight. Tucker if you recognize yourself and thank you Mr chair Clarke Tucker state senator for district thirty two. We have house bill fourteen forty eight. Which I hope. It's treated by representative Christiansen's bill was just treated it's a relatively simple bill it has to do with filling a vacancy for a commission of a suburban improvement district I have very house with me here at the table he can speak to it with more experience but essentially right now when there is a vacancy. The county judge has to set a meeting the justice of the peace for that district presides over the meeting of the suburban improvement district has to send a letter first class mailed every property owner within the district Thirty days ahead of time for fifteen days after the meeting or. He can clarify but I think that's the gist of it there's a lot of technical requirements the goes and having those meetings the what this bill changes is right now there has to be to meetings one for the nominations and one for the election as mistrust can testify right now they're they're having to a twist people's elbows just to serve on these commissions much less to show up and participate in the nomination and election process and so this doesn't change the requirements to serve on the commission all the formalities of how the property owners will be notified of the meetings I do presides at the county judge setting the meetings all that stays the same it just would be one meeting to both nominate and elect a person to the commission to so they can see and and that's all the bill does not meet the doctor over Mr awesome. All right committees next election bill any questions. Senator Solomon. It just to make sure something notification would notify that there's only one meeting and that that one meeting we're going to provide to both those functions is that correct yes okay thank you thank you Mr that's correct and it is no obviously the commission has to pay for the postage to and so right now this would reduce the cost of that too but yes yes center. Are any other questions from committee. Senator John just. Thank you Mr chairman Senator Tucker I'm I was looking here and it says the county court and then you mentioned the check fee so is there actually a this hearing is provided by all by the gesture the fees for that district. Okay yes Sir that's correct so in the instance in our neighborhood that would be Jake justice read would be the one added that so we don't have very many functions like that for J. fees I'm just curious to that that is still what it is but it would not require any action by the entire fifteen member quorum court that's correct sound like a simple bill thank you for bringing thank you thank you for your service on the commission Sir and thank you Mr. Are any other questions from committee. Anyone the audience would like to speak for against. C. ninety close Senator Tucker yes Sir Mr chairman I appreciate your time I appreciate a good vote our I have a motion to pass senator Johnson. In a second from a. Senator Solomon. His question. All those of favour say aye. All opposed. Graduations thank you. Are seen over the business. We're Jr.