City, County & Local Affairs Committee- House

There's a time either sign up sheet out in the hall and ask you to sign up at this time. at this point our first item on the agenda this morning as House Bill this act afternoon skews me is house bill twelve sixty representative Ladyman are you ready to present your bill. You may proceed when you're ready. Thank you Mr chairman. Committee of this bill H. B. twelve sixty you can read the title there but let me just tell you in about four bullets what what the bill has in it and then I'll try to tell you why why I'm running this bill the first thing that the bill does. Is charitable organizations and individuals soliciting donations on public property must register with the city at no cost. For each hundred twenty day period. That they operate if the city passes an ordinance to require that registration that's first thing they have to register with the city Clerk they have to provide a state issued ID or business license and give their name and their address. Third thing if they're if they violate this if they are found to violate this requirement. It could be a Class a misdemeanor the fourth thing the city must maintain a list of registered individuals available to the public upon request at no charge so there's no money involved here they have to maintain these records so if the public wants to know who soliciting funds at the corner of third and vine they can find that out from the city. the reason for this bill there's a problem in many cities I know we have this in Jonesborough I know they have it here in Little Rock because I see it. there are people. That every day of the week are out soliciting on street corners on public property. We don't know who these people are we don't know where they truly are needy or whether they're part of an organization that's collecting money like a business. At the tax free and they're taking advantage of people they're they're acting like they're down on their luck when they may not be and that's what really bothered me when I would see that and you can do a couple things if you don't think that's going on you know all from a dinner. Are offered to take him into Walmart or McDonald's at their standing in front of and help them apply for a job they will do that. So that's the the reason I think we need this and we need to know who's operating in our cities. and whether it's a statewide organization who they are and one of the push backs that I got was what what if a person is really calendar luck and they really need the money and and and they don't know they got to go register. Well I really believe this bill will help that situation because right now and and I said we had this problem in Jones Braun I went to the mayor and I said you know is there something you can do about this and he said no we can't this is freedom of speech there's been a couple of bills ran you all might be familiar with them found to be unconstitutional and he said we can go talk to. And I said will let me see if I can do something about that so this bill would allow our officers to go talk to these people and if it is say it saves someone is in the army and there in boot camp and they need to get home to Mississippi or wherever my brother leaves in Vietnam he was down and boot camp in Mississippi or someplace and he would hitchhike home you know I don't think it's that way that it's different world today but if somebody's really in that situation they really need that money if a police officer goes up to them and says Hey are you registered and they so well no I didn't know I had to the talks to this is what I'm trying to get home in the military or whatever the situation is. Our officers there in Jonesborough we have services that might help that person get home. And then officer can talk to them about that and maybe help them with that. If it is a business. And they they can tell them they need to go register we keep track we can know who's on our streets and who's collecting money who's not the other questions you might have is what about the fire department to get some money in the boots you know what to be at the corner of fourth and bind or whatever or any other charitable organization that you have in the city if the city passes ordinance yes they would have to register I don't think they would have a problem with the hat on our fire department in Jonesborough does it they wouldn't have a problem doing that or anybody else but the city would have to pass an ordinance for this to be in effect. So with that I would be happy to take any questions but I just thought and nobody came to me no organization no agency I saw this is a problem but I think we need to address and this is one way to do it so I'd be happy to take any questions. Are we have some questions here a representative capital you're recognized for a question. Thank you Mr chair. So I just really just two basic questions is this permissive that says that the city may do it or is it forcing the city's to do it. It's not forcing the city they may do it they can do it they are not required to do it okay follow up Mr yes. What's keeping the city from doing it now. Because I thought John Cooper already had where you're because I've done fund raisers there before on the way even the little thing I've had to go and ask. To tell them that we're going to do it and they tell me actually what street corners that we can be on so what. If they already do that why do they need this. I don't think they do that for everybody if you're an organization like I mentioned the fire department or somebody like that I don't believe they have an ordinance says you have to do it. they would like for you to do it but I don't think it's law and. I know it's not law for those people St on the corner of Walmart because they don't do it and they don't get arrested they don't call them. I thought well. Being part of the children's shelter I have had to go to John's role and I have had that act tell them that we want to have this fundraiser and they actually dictate to us what street corners we can be on because they only allow it in certain areas so they already do that that's why I was just curious why they we need something like this I didn't know if if it's only permissive and I can already do it. That's my question. Well I'll check with Jonesborough but they're sure not enforcing it if they have that and when I talk to the mayor he he didn't talk like they had something that required everybody to do it other maybe something for organizations that he didn't tell me okay thank you. Representative Warren you're recognized for a question. Thank you. Can you hear in yes. Thank you Mr chair represent Ladyman hot springs says definitely got this problem I mean almost every street corner there is someone there asking for money. Sometimes it's charitable groups. Other times it is individuals. So my question because this was a real big issue in hot springs for awhile and basically. Our city board looked into it and we were told that there was nothing we could do that there were statutes in place that blocked us from people being on the corner to ask for handouts so I guess I'm asking you are you aware of any other federal statutes or. Anything out there that prevents this from taking place well this Iran by the attorney general's office to check because as you said there's there's been a couple of laws passed that were found unconstitutional so you can not. You not allow them to be there okay that that is constitutionally it's what I was told by the attorney general's office but when they looked at this and and I mean this is just a. Small step in where we need to go I believe but they said this was constitutional and. I think all it does is it allows our see the you know police force and the people to know who standing on the corner so it doesn't stop them that was what was unconstitutional you just know who's there. And you know what transferred to answer representative Cavenaugh is question we know if it's the fire department or the cancer society or whatever but we don't know who these individuals are and and that's what I'm trying to just develop a database of we know who they are. Follow up Mister chair yes follow up. I would love to get clarification on that if you you can let me know because it has progressed beyond just individuals at the intersections asking for handouts because they walk across lanes to get someone if there's a two lane intersection there walking across and it's become a pedestrian issue in a traffic issue. When that occur shall we have that same problem in Jonesborough four lanes of traffic they walk over in the middle lane and I asked him about that can we do something based on safety. No we cannot sign constitution's free street. Okay representative price you're recognized thank you thank you Mr chairman representative Jack in a situation where you may have lack of a group or lack of salvation army that actually all these people in office you know Jack when we as a letter to house we notice it you know they were hauling folks around and dropping him off the corners and things like that and I just wonder if maybe they need to run and latest or something if this passes the if they could have a running list of who they are because you it's hard to tell who's who in this well that's in this bill that the city would be required to keep that list of who registers. That would be covered. Okay you through. Right representative Collins you're recognized. Thank you Mr representative so I heard you say this was constitutional and in your assessment I believe I don't put words in your mouth but maybe you could talk about that a little bit because I know that there was a similar statute in Louisiana that was struck down in twenty seventeen that required registration what are the the difference is between what we're proposing here and what was struck down by the federal court as unconstitutional. I'm trying to member the details on that but I did I was aware of that law that was struck down and when we form this bill we tried to not have the things in there that caused it to be unconstitutional I can't remember the details on that I'm sorry I ran I did this quite sometime back but bill are in the Attorney General looked at it and uh they they felt like that this could be constitutional because. You didn't stop people from doing that you're not you were not blocking their freedom of speech they could still stay there. All you're doing is you won't know who's there. And have that available myself you know it bothers me because I think they're taking advantage of people. And I'm I go down to city hall and say Hey give me the list of all these folks that are here in town taken money and you know do they all belong to this same group or you know why are they here what are they doing because the same guys there you know. They after day week after week month after month. I want to know I'm a citizen I wonder what's going on in my town in a are they taking advantage of my neighbors. Playing on the center The. But I did talk that I met with the Attorney General and the they thought that this would pass the muster of constitutionality. Thank you good question. Okay represent god you're recognized for a question. Thank you Mr chair represent Ladyman I think my opposition to the bill just comes from a philosophical difference and and a difference of opinion about these individuals who we stand street corners who are down on their luck who are experiencing hardship I I don't have a general mistrust of these individuals I do think that there are folks who perhaps take advantage but I also knew that individuals have the discretion of whether they donate or not they whether they roll down the window or not my concern comes mostly from this public registry of individuals I understand that's your intent you're wanting to expose them and perhaps change them I'm for for being on the street corner and misleading folks that for me my my concern is that these are folks who may be in a situation where they're temporarily down on their luck doing what they have to do to take care of their families and deserve privacy and not to be exposed publicly that you're registered with do I just wonder you talked about constitution out constitutionality concerns can you talk about privacy concerns as well. Well I appreciate your opinion but I have a different opinion I don't want to shame anyone that's not my purpose. I grew up poor and I don't want to see me anybody I've been down on my luck before in there may be people out there on the street corner that's down on their luck and I want to help them and I believe this bill helps them rather than chain them if it's actually a person that needs the money that needs help we have organizations in the bigger cities in Jonesborough we haven't they haven't paid in Springdale ensured a line eleven for it because he's lived there but if you know this person is in need. At a at an eight officer of the city finds that out that's one way the city can help these individuals not shame them if they can help them that's one of the good things about this bill and there's not a constitutionality question. Right now the goes to court there may be you said that and I've run this by the attorney general's office said that four times already and they said that it would pass that's our attorney general's office so I. I think their opinion is good enough to run this bill by their. The registry. Businesses are registered I have to have a business license for mine to small businesses. So everybody that's got a business has to register I don't see that as being a personal thing thank you thank you for the clarification thank you Mr. Thank you Mr. Is there is there a reason the city could deny. The petitioner for. This this process no that would be unconstitutional so follows Mr yes so I guess my concern would be the need to register providing a state issued ID which to my knowledge will unless for doing driving or boating or something will have to have a an ID or state issued and it must have an address so by that if they just showed up and gave them their name even if it was a made up name and address they would be allowed the right to proceed yes it's not a perfect bill but yes you're correct. Okay represent a fading you're recognized for a question just motion property Mr chairman okay. A resident college recognized for a question. Thank you Mr. At just just for my clarification I mean this is just a tool that cities could adopt if they wanted to to be able to help identify some of the what we would call bad actors people who really not down on their luck but are are using this as an opportunity to Extort money essentially from people because I frequent hot springs quite a bit and I can tell you conclusively from my own personal experience in the things that I've seen there is a group of people who three point certain corners in hot springs who a Cadillac car pulls up and then they replace that person and they working shifts and I've seen this witness this with my own eyes P. I. see people giving them money but I know that the whole thing is a racket these are people who are not down on their luck there people who are doing quite well like I said getting getting it changed In and out of Cadillac car on the street corners collecting no telling how many or how much revenue and and I can see this tool being used in and a good purpose to help identify those by bad actors and I just I just wanna clarify that's that that's the intent correct that's the can't that's the purpose and you know what I would like to make this a better bill if anybody has ideas on that I'd be happy to listen to that but what you said is absolutely right about the people and and I've watched him because it bothers me so much and and they will pull up in a nice car hundred yards away from where they're taking the money and and the other thing that that I've tried to do is go go up to a year you're allowed to do this go up and say Hey good now the MacDonnells and buy a meal and stop and say here's here's a meal you know here this this will help me out they don't want that meal and I've also seen him standing in front of Walmart and McDonald's where there's a sign right behind on this is hiring and I I've stopped and said Hey I'd be happy to take you appeared Walmart of nine dollars or whatever that business is it's got a sign right behind you they're hiring people and I'll help you fill out the application they're not interested in that. And also my wife and I was or a guy that came up to a corner fundament dollars he was there every day we were sitting there in the knowledge we parked his car back over on Jason parking lot he had crutches and they'll do this to he had crutches he carried on to a point and then he started using in and they'll have dogs and they'll have I've seen him in wheelchairs out maybe they're actually they need those crutches or wheelchairs or whatever but our police officers could help that situation if they're in a wheelchair sitting on the corner. We need to help home we don't need just walk by either getting the calendar or even twenty dollars we need to find out what the problem is because if they're in a wheelchair and all into set on street corner you know we got bigger problems so we we need to be able to talk to those folks and right now at least our mayor told me there's no way they can approach them and and talk to them like that because it's their right to be there. Okay all representatives card you're recognized for a question. Thank you Mr chair so I understand the with the bill that there's a list available to them to the public of a request for no charge so that being the case wouldn't allow churches and nonprofits bill to find who needs the help and be able to spend time with these individuals and to help get back on their feet that's a very good question they hadn't thought about that but I think that would be a good positive side effect of this thank you. Representative Paul you're recognized. Sorry. Thank you Mr chair I I do have one question on the safety issue it does seem on several occasions even coming down here where you're on state highways and they're often just right there by the entry of the highway or the crossways and things is there a way to add safety precautions that would let at least limit their access to state highways no that's one of the questions of time to turn General's office about about safety I was a safety after many years and I I see that as being a big hazard but now that's their right to be there that's our constitutional rights. Okay represented college you're recognized. Thank you Mr it's something I don't think I have of her new one touch on but the registration requirement is for any individual organization that's not covered by that section that deals with you know religious organization the government organization so I'm just thinking about who's covered maybe beyond the panhandler are we talking about you know girl scouts and in PTA is doing things stored or political campaigns in a cast who all you see is being covered here besides the panhandler it would cover everybody that's on public property. Okay now politically of that question came up and I believe if I'm down there at the corner of fourth and binding not have to register you know if I'm campaign at a corner I don't see that is a big roadblock to politicians I thank you in Jonesborough if it's an organization like the girl scouts and that sort of thing they register now I'm not clear on that city ordinance on why that cover some people don't cover others but those people normally I believe they register or get a permit or something now if it's an organization but if you just walk up to the corner with a bucket. You don't have to register and follow up if I if I may so just to make sure I understand that they would actually catch a misdemeanor charge if they didn't register these organizations as well is that right yes okay thanks. Any other questions yeah representative Bryant you're recognized thank you following up on president Collins is it first offense obviously law enforcement prosecutors have. They have a wide array whether not they want to charge prosecute but it is there anything you always cities. You get the wrong person they are truly down or what is there anything that cannot will arrange all the bill says is that failure to register you know is a misdemeanor I think that would be up to the discretion of the city as far as how they want to do that and how they will enforce that you have some discretion but I'd be happy to change that if people have a big heart burn with it but that's what the bill says personal first offense. Okay any other questions. Representative Scott recognized for a question thank you Mr chairman if someone is fully in support of this bill the Municipal League I talked with them and ask them sent the bill to them way back before I ever filed it and uh they are neutral on I talked to him again just last week and asked them if they change their opinion on and they they were neutral okay thank you. Any other questions. Seeing none is there anyone in the audience that we're going to speak against the bill. For the bill. Seeing none of the reps and the Beatty I recognize you at this time. motion do pass any discussion on the motion. Seeing none all in favor say aye. Hippo's se NO. Of. Congratulations your bill passes thank you Mr thank you Committee representative of bro you don't have a builder today right you okay all right board but you're. Are unable to be mad at me or not you know about an hour later and you're not get called up. Okay representative will will back at this time uh allow you to present house bill sixteen twenty seven. You may proceed when you're ready thank you Mr chairman committee of committee this is a bill that I bring after a lot of work in audit for quite awhile I have I'll just tell you real quickly what the bill does it cannot provide some all. incentive I guess for the attorney general's office to to do what's in statute Sir job in a timely manner we've I've got a list of dates and that I will happily read that I think will prove prove why we need this this bill I invite you if any time you get bored during this list to to cut me off interrupt I'll be glad to be glad to be quiet but Is not a mark from involve the attorney general's office Of this this came about specifically in relation to all ports of charter been revoked and as any of you have worked around cities realize I think it takes years to get to this point. I mean literally years of work before we get to the point where a charge is going to be revoked so so I'm gonna start written down a list of dates here in and like I said I'll be happy to be quite if you get tired of it before I get run out of breath September twenty four twenty twenty Legislative Joint audit cochairs sent a letter to the attorney general's office requesting the sheep file pleadings provoked the town of all ports charter pursuant to Arkansas Code fourteen dash sixty two dash one oh two a. September twenty eight twenty twenty an agent of the attorney general's office sign for the September twenty four letter acknowledging that they had received it November twentieth twenty twenty the AG is invited by letter to attend the next joint out of the committee's executive committee meeting on December third twenty twenty to explain the status of that earlier referral. November twenty third twenty twenty a receipt return receipt indicated that the attorney general's office said receive the November twentieth letter on that date November thirtieth twenty twenty an attorney from the AG's office contacted audit to learn more about the background regarding the town of all poured into charter revocation. December first twenty twenty after receiving information from audit the AG's office submitted a draft complaint to revoke the town will force charter to audit for review. December third two attorneys from the attorney general's office appear before the Legislative Joint audit committee executive committee according to the minutes one attorney reviewed steps that had been taken or will be taken for all courts charter revocation. January fourth twenty twenty one all the staff request an update on the status of that matter from the AG's office and January fifth the attorney responded I do not need anything from you regarding the case it is under review of our executive team I will keep you posted February third twenty twenty one all the staff again request an update on the status of this matter this time from AG staff member leave to be a member of the executive team. That same day the staff member responded to the request for an update was forwarded to Corey **** a response. February twenty second twenty twenty one we've heard nothing from Mr **** all staff reminds him of the February third request for an update and to this date nothing has been heard from the AG's office nor is already aware of any action. Taken on the Legislative Joint active auditing committee's request to revoke the charter. So. The it looks to me like the attorney general's office is just not doing what they're charged to do and and hopefully this will provide little incentive for them to do their job I would be happy to answer any questions. Representative price you're recognized for a question thank thank you Mr chairman representative Richard you know we go through this a tremendous amount and going on it. And You know we've seen and spend money for stuff that they didn't even. You know WashPost spend money for only. You think this will County taking on some of those folks are. Well I I hope I hope is an incentive to for everybody to do right into their do the job a little more efficiently. Representative got pre you're recognized. Thank you Mr chair and represent one ACT I'm not opposed to the expedited timeline at all in any of that correspondence did you get any sense for why they were delayed no ma'am and that is the bulk of the frustration of the they're they're just not. What they're charged with with the when when audit is done the work it's supposed to thank you thank you Mr. Record representative Cavenaugh you're recognized. Thank you Mr chair. So once you filed this bill have you heard from the attorney general's office no ma'am very interestingly I've not heard a word. Okay thank you. Representative Scott you're recognized for a question. Any other questions. Seeing none is there anyone in the audience will speak against this bill. For this bill. I have done a representative Connor you're recognized you at this time. Okay I have a motion for do pass any discussion on the motion. Saying none all in favor say aye. Those opposed say no. Resolutions you have passed your bill thank you Mr chairman committee I appreciate it okay at this time uh a representative of we're gonna pass over my bill if there's no objection representative the Bentley would you please come and present House Bill sixteen sixty. Thank you chairman I appreciate that of college that brought a bill to similar to this earlier in the session and instead of amending the original bill is brought back a clean bill to you my mayor cannon Miller frustrated one know why the border apartment wouldn't come to his to the city council the people closest to his constituents first before they went to court with an appeal Subrata bill to make that happen was that just make a flexible so there are some cities that love it just the way it's the way it is right now this would allow some flexibility for those cities that would like the appeal to be heard in the city council first before it goes to court so. With that I'll take any questions. Representative college you're recognized. Thank you Mr so I mean I guess my big issue with this is that this is kind of a judicial body that were then having appeal to a legislative body and I think that there are some some problems with that legally. Dave you explore those in and what's your response if you've heard this feedback that this is something that would cause difficulties with separation of powers for the Board apartment is those are people that are appointed by the mayor so the mayor appoints that board so the privilege under the mayor now so when they do an appeals of going to the court to the circuit court they felt they should appeal to the city council members that are elected by the citizens first before they would go to court the other resident board appoint is appointed by the mayor. Follow up yes well I understand that but at the same time they're not a legislative body and that they don't make rules or things like that they deal with with relief and specific set of circumstances and so they really are more of a quiz I judicial body and so that's why they have always historically appeal to the courts now you're talking about making it so that they can appeal to the legislature it makes it perhaps more political it loses the legislative immunity of the city council members I'm just wondering if those have been issues that that have come up at all for you with this bill and and what you would say to. Well I will and I'm a firm believer the people that we as legislators are are the most people closest to the door citizens I think our citizens can appeal to us they can voters at the next round of the need to so I think we are the ones most appropriate to handle the situation so it's definitely a single either wrapping leave just the way it is now the American decided like to hear it in the city council have discounts members take care of it instead so. Thank you for representing Bryant you're recognized for a question thank you Mr chairman representative merry at the present time if if the taxpayers of with this decisions that are made you know with the municipal a I mean municipal court or. What do they do what what what is a go would it is there no channel line I don't know that was. You can't appeal it but do they not have to go to the circuit court of this yes this does not appeal a decision from the board appointments at the at the circuit court so they would have to hire a lawyer and different things as a way for them just to take it to the city council instead of the mayor decides to go that route representative merry you know when you're dealing with county government which I was in a lot a long time you know you're always appeal something from the sessions office the county court which is a county judge but in this situation I don't know what they need to appeal it to the mayor or would they just go strictly to circuit court This description option to go to city council first yes to the mayor and the city council before they would go to court thank you very representative Bryant you're recognized. Thank you Mr. Is this the this bill language in this bill and and other ordinance affect municipalities does this become binding. If they pass a resolution yes it with so that they could not continue on in objection if if the this this passes the governing body legislative body here's the appeal and the person doesn't like it that that is there for binding they cannot continue de novo on to the next level to the next level we've got someone here from a lawyer financially you might be able to answer that you've gone over my head Josh. It says okay a chairman for the we're from this believed to answer that question yes. Please identify yourself the record and who you represent. Yes my name's Lanier Richmond I'm legal counsel of the Arkansas Municipal League. And I I believe in this bill that the city council may first hear appeals which would then go to circuit courts of so they get to add themselves as an intermediary representative there'd still be an appeal a circuit court from the way I read the bill okay so they can continue. On up the ladder yes that's my interpretation. Any other questions. Representative college you're recognized. Just for the gentleman from there in this way you do you all support this bill and if so or if not could you just maybe so I. Yes I I believe we support this bill because it's giving at the options to the city on whether to enact this or not currently it has to go before circuit court and this will give cities the option to become the intimidate intermediary appeal in that process to it so we're in favor of it. Any other questions. Seeing none mistress when I see where you're signed up to speak for the bill I have nothing else to ensure okay they will speak against the bill in the audience. Seeing none would you like to close for your bill. I am Kloot close thank you Committee. Okay the representative dry has a motion to pass any discussion on the motion. All in favor say aye. Those opposed say no. Congratulations you have passed your bill we will at this time will back up to a House bill sixteen thirty four. Okay representative fights that you're recognized to present your bill H. B. H. B. sixteen thirty four. And state your name for the record and also have the gas state their name and who they've with. I'm representative district twenty three. I'm Rebecca dot Talbert Garland County tax collector and I am representing the Arkansas collectors association in a AC. Okay representative thank you present your bill all right. A House bill sixteen thirty four is nothing more than of deleting obsolete the language dating back to the late twenties and I will just let the establish explain that she's a collector and she can probably explain a whole lot better not can. This is a bill that recently came to some of our attention just a few weeks ago actually I've been in office since nineteen ninety eight and I did not even know it was on the books until I don't know sometime in February but anyway I'm it states that we will go and we will publish in the newspaper. Before we can open our books and this bill was started before we mailed out tax bills to everybody that's our notice now is mailing out the tax bills but also stated I think that we would go to the different it townships in different areas and we published in multiple areas places when we would be where. I think part of it's been repealed since then there was a part of it that was repealed in nineteen thirty one I believe and then another part nineteen sixty nine but some of this is causing us grief in some of the smaller counties because they're wanting it to now be required to publish in the newspapers that we don't ever get anymore but It's just something that we need to clean up and work on but I'll be glad to answer any questions. Okay is there any questions from committee. See there's not any no questions from committee as anybody in the audience were speak more to speak against the bill. R. for the bill. What we see there's nine percent five you want to close for you bill I am close for the bill make a motion to pass. We have a motion for do pass all and any discussion on the motion. All in favors. Of the motion sacked. Those opposed. Representative five you pass a bill sixteen thirty four. Thank you Mr. We also have house bill sixteen ninety representative fights that you are recognized to present your bill okay thank you Mr this was a little more complicated than the last one. invited the server said and and legislative audit and for the cities are. And counties are audited each year one of the things that you see over and over again the small cities spending of tax revenue designed for streets in general revenues there's three different types of revenue saver receive they receive fuel term back which is at fifteen fifteen seventy split with the highway department and also they receive half cent sales tax that we that we passed in also to get road millage not all of the most of your road millage. And last session we had a bill that directed all that money to go into one account a direct deposit so that they would get mixed up. well like a long story short that helped with that and solve the problem they still would take this money out and put it in general revenue. There are thirty nine cities in the state of Arkansas we have done this. And. what this bill does right here he gives away when they're audited and they're caught doing this gives away in which to pay it back in a way to set up a payment if it's too harsh of the payment plan on they can come to legislative audit and ask for to relax that payment plan. Of but it will keep him out of court right now they could be sued for illegal extraction they're using money collected for one reason end user for another. Of and I would be happy to answer any questions at this time. Any questions from committee representative Cavenaugh. Thank you Mr so when this just curious the cities that keep misusing those funds are they bigger city smaller cities smaller cities most summer under a thousand. Follow up. It is that because they need additional funds for other things or are they truly misuse in this fund or is it just because they don't have enough funds to meet their basic needs and I can answer that we hear different answers in audit. some of the blame it on the mayor before them or the Clerk before them in but I have one on in this list been doing since two thousand and three and on the audit they'll say we will correct that next time but they come next time and they're not corrected it may not corrected it and there's no penalty at all to this. And so this right here if they failed to set up a payment plan then they'll lose or turn back money thank you yes. Representive have you for question. Thank you Mr chairman of representative five you know on the Joint auditing that you have been through a lot of this this is they don't like you say small towns but. The jointure actually taken the money that were sent in for term back in a lot of cases to fix our streets and they're not spending it on the streets and that Russia that's correct. In this also would apply to counties also and you will see a county that will come through but they'll corrected in that budget cycle under representative when they didn't do that but is a se they're thirty nine cities right now in there's one city that is a six hundred and fifteen people and they oral a quarter million dollars to the to the street by. So Let's say they set up a as now they will set up a payment plan maybe pay for pay per year so then they quit doing. And of this pull teeth for the laws what are basically the. Any. Represent bright. What what is the current teeth in the law of cities that keep violating. With the promise of correction and they don't correct is there anything current Lee in the law that can correct them. In the law right now is three things to correct this no. It in my understanding properly yes okay there's nothing correct what they do they encourage on the set up legislative audit courage's from set up a payment plan to do it and some of them do it. And they may or may not a one of them set up a plan they'll take four hundred and something years to pay back you know so of this gives a framework in which to pay back in a reasonable amount of time. Any other questions from the committee. Is there anyone in the audience that would like to speak for this bill or against this bill. C. and there's non representative five you're ready close for your bill I am close for the bill but motion to pass. We have a motion to do pass. And discussion on the motion. All in favor of the motion say aye. Those opposed represented five you pass your bill thank you Mr. Thank you. If anyone has a bill that would like to be heard this coming Wednesday of Bobby sure and touch base with me let me tell you what a what we have right now. Right now we have Senate bill three forty three house bill six thirteen house bill six ninety nine of house bill seventeen oh four and house bill seventeen sep seventeen skews me. Okay I will your fourth. Okay. Choosing. Okay. The. Thank. Say them again. All right here we go. Senate bill three four three House Bill sixteen thirty House Bill sixteen ninety nine house bill seventeen oh four house bill seventeen seventeen Senate bill four fifty four. Okay I apologize you have to have we'll have to have an eighteen hours in advance of the so if you have a bill you won't hurt the next ones to remember will be all spring break so we'll have one day next week to hear bills and Senate spring breaks over with we're pretty short on time so keep that in