City, County & Local Affairs Committee- House

Represented all you're recognized thank you also represented Underwood on page two it seems lines one through three you're also saying the same thing it just seems like there's some ambiguity and if we're giving so cities guidelines that seems like we need to be giving them correct guidance would you not agree to meet with that. Well I guess I would agree but I I don't guess I guess can you explain. Elaborate on what you think is and and again after she question I just well quite you've just said in two different sections of this bill that were the unalienable right to life every person with within their respective jurisdiction which then takes out. Of our. This policy that we do execute people for certain crimes so it seems like to me that you need to make a make that very clear. But with that being said I also have one more follow up yes go ahead I also have some issues if we open the door for this and I'm not necessarily against it but I spoke to you about this by concerning this is if we open the door on a something like this that is now on the books what happens in two years or four years or six years that some card comes back and says I want to have a permissive statute on the books it says that we support satanism for example we are opening this for more permissive and permissive and permissive it seems like this is something that. Family council or whatever group you can reach out to cities and offer this guidance without us putting it in statute which shall not agree so no I wouldn't agree and and you're right in the sense that a city already has if they want to do that they could do that without or as this this a lot to do that but I would also point out that as I mentioned my opening remarks we do have some Supreme Court super president about this issue specifically and additionally we have an amendment in the Kantakouzenos to see about the the right to life issue so I think that that give us give us a little more legal standing to pass something on this issue but I mean if the city wanted to do that they can still arguably do that on their own accord without without a bill to do it just this bill would address that issue if I may yes you may. This chair may yes please respond. I appreciate the the concern. We face some of the same kind of questions regarding the pro life license plate back some years ago when it was first being done. because people wondered well we don't have a pro abortion license plate and all of that in may of course we know that has not happened and so some of the concerns about things getting out of hand I think are probably conjecture and I would say that we probably don't need to worry about about that. Representing Collins review you still have a question. I do and actually I think that that example about that the license plate is helpful because it kind of drive so my big issue with this which is that it just doesn't do anything I mean at least a license plate bill created a license plate this neither creates obligations nor rights it just says some things that a city can do not all the things that the city can do but some of them the kids seem to the the details of saying that the city can place a slogan on a vehicle or use a public service announcement of course you can go beyond these things which I think might be confusing if the city wants to go beyond and doesn't know whether or not these are meant to be exhaustive as far as their options but but I think it just seems very inert and very meaningless other than signaling that we you know like things that are pro life can you tell me what it does maybe just something that has a little bit of need to it. VOL answer refund island Mr **** had something but it kind of like I mentioned in my opening I think again it gives them the ability to affirm something that they can do under state law so that way they know they have to go back to do what they have they can do it in a safe manner so that they know they have some legal protection to do that because this has been vetted as **** mentioned and then you're right those those promotional aspects are not exhaustive but it does give them some good ideas on if they choose to do this how they may may go about it so I think those are the reasons for you know why we support that instructs me and some additional comments. I think we need to Think about life through the lens of a person who is on a city council or maybe as a mayor of a city or or even possibly a county quorum court or other local government I know many of you been involved there I've been a a J. P. myself and. I have a person ask me involved in local government the other day he said. Can you do that. When it came to the pro life resolution. So well of course you can. But that individual had been involved as a local city government person for a long time and he was asking me can you do that and what this the escort it does. He looks out at those all those city council members around the state that might ask that very same question this is of course you can't. And not only can you do it but here's a way that you can do it safely and responsibly and not get your city sued and not get crossways with all kinds of court actions and so forth. And that if you ask what it does that that's exactly what it does follow. Okay Representative Bryant you're recognized for a question so I had a follow up to the that's okay. You will follow up. Correct yes yes I'm terribly sorry no that's okay I don't know where that was going to find system in the room here in thank you note and just briefly do you think that we need clarification for other days for watermelon days for hunting days I mean by the logic it seems like we might. You can go out I will a you know I'm I wish pro life was as noncontroversial is watermelon day in the day and a lot of these other things but we all know it's not in the Senate somebody mentions the word pro life everybody runs to the corner and they come out swinging and so that's just the way the environment that we are in and so again it takes something that some people consider controversy all in it hopefully bring some guidance into that equation and so I wish we thank you know quite quite frankly I wish it wasn't as polarizing as it is but unfortunately it is and this just helps clarify things. Tell you represent Collins or through. All right thank you. Senate Brian you're recognized for a question yes proper prior to this statute. If coming from a a county that's doesn't have legal representation except the retainer. If a city or a or entity were to adopt a pro life stance and get sued who's the who's the burden falls on for that defense. Go ahead the. Well. To answer that are the answer that question but I think Rick as related to this bill I think this would provide. I guess more protections for them to do it in a safe manner so that we don't have to worry about not anything certain with legal issues I think of on the more certainty about whether or not they're going to get sued or prevail in that suit but that sentence your direct question I don't know. It represent Bryant hi I'm not an expert on all those who handles lawsuits that are levied against cities and so forth obviously most cities do have city attorneys or they have the you know associations that they're part of but there may be other people here on the committee that are much more familiar with city government that I they might be able to answer that. Represented got pretty. Yes thank you Mister chair and one additional question that we kind of talked about a little bit with the designation of you know watermelon city and bluebird city that that's comparable to being a pro life that it took a little bit of issue with that because like you said Mr **** I think issues of pro life and choice are inherently not only controversial that political and partisan and so we members of this committee have heard a lot from municipal officials mayors and city council people who are concerned about partisanship at the municipal level there's a bill you know that that maybe before a committee about making partisan making municipal election elections partisan and a lot of concern about that a lot of I'm kind of worried that partisan politics should not be the focus of municipal government so I know that you mentioned you're having city officials in support but I'm just wondering I'm also wondering if you've heard any push back from municipal level officials who are concerned about partisanship at the municipal level when we heard that concerned about other issues this section. I have not heard anybody from my area contact me about. Concerned about this bill and you know the people have contacted me wanted to be included on this bill of our works out about the House possibility of doing this and you know I know you're you're aware this is well the abortion my district administrator who did do this but I guess my answer or to your question what is you know it's not requiring them to do it so they don't want to do it or they think it's too partisan they don't have to so I mean that be up to them in the local leaders there to do that. You're represented capital you're recognized. Thank you Mr chair I just wanna make sure I understand so we have a bill that is permissive. Not required anybody do anything. But more importantly they can already do this so we have a bill that really not really doing anything it's not. Providing the. A proof that they can't get sued because I can still get sued with this bill and no matter what guidance that you provide they can always be sued. And as far as who's going to represent that the state is going to represent themselves and if they have their insurance municipally they're going to reach out to me this policeman is fully is going to help. With the issues about the that are represented Dalby brought out about the executions could be interpreted this way. And with the fact that this law this bill really doesn't do anything besides tell them you can do what you can already do. One of my missing about this bill. Well. Talk. From there it why would I guess I would disagree that it doesn't do anything I mean you're right in the sense that they can do it already but this you know whether they're doing it correctly or not is you know a question I would argue you there's a lot of bills that we passed this session that I was in the same situation without well this bill really doesn't do anything we can already do this I won't bring up any specific examples bless the push the S. button because I thought well it's a good it's a good goal I also would like I said you know this is we have this initiative in the Arkansas constitution that we are we value life and so I think that this furthers that goal and gives those cities you know a little bit more backing the say okay well the state legislature has passed this bill saying that this is how we can do this when you go about doing this the right raises some awareness for if they want to do it and so I think that's the the. What this bill accomplishes in an way. Follow up. With it we're going to give guidance I'm going to go back to what represented Dalby brought out if we're going to give guidance for somebody to actually draft something you're saying that we're trying to give them guidance on how to draft a resolution should we not make sure that that bridge the what we're guidance for giving is that it that it's not going to create an unintended consequence and I think that's the biggest issue that I have. This bill has been that in it was invited by the attorney who drafted the amendment to our state constitution so yes this one has been that and I think it it does the the purpose that we want accomplished from a Mr in a response. The entity the consequence that we need to avoid here is a is a lawsuit. they're not going to get sued if they affirm the sanctity of human life and someone comes along and says well that resolution applies to Cleveland Jackson's or something like that. The resolution in and of itself doesn't force anybody to do anything it's not going to be some kind of. Law within the city that you can't do a lethal injection or anything like that all it really is doing is saying we affirm the sanctity of human life that's what we do here and then state the clear themselves a pro life city. It it's really quite simple and I think it's it is necessary because they need to know. How to go about doing this and do it in a way that's responsible as we've said before. Representative ride you're recognized yes Is that thank you Mr chairman well maybe we can just turn this going over just a little bit and and maybe if we look at it cannot see is. No one has to do anything. But if you've got a city council and I believe. What this. In this town majority the people probably believe this way to. I mean you're not making anyone do anything correct and there's nothing actually this any kind of access that they have to to To get off into as far as in a. In a way it's it's kinda or it may explain it but it's kind of like that they're they're left in a in a position that they. You know they're they're actually just saying we believe. And this and that they don't have to do this what if they want to they can correct that's. Okay. Represented baby you're recognized. First I'll say that I respect the comments of my colleagues with the exception of those that compare the pro life city declaration to watermelon city or something along those lines and I'll also say sometimes when I'm sitting here as a committee member I feel like I should be sitting out there where I could speak my mind and opinions. represented would would you read the title of this bill to this committee. An act to affirm the right of the municipality to declare the municipality of pro life city and for other purposes thank you I would just simply state to the committee that I think that spells out specifies enough of what this bill does it affirms that right and therefore it is something that there is a purpose for it and I like under would have voted for things that that I absolutely had no purpose. so I would I would ask the committee for a good vote on this bill. Okay any other questions from committee. Absent Holcomb you're recognized thank you Mister under what my position is but just for curiosity's sake has the municipal league of a neutral or of a are they with you and this just just for curiosity. Well I don't know I filed this bill I think it was early last week they haven't contacted contact me about it that contact me about several other than the other bills so I would assume they want to mention this one if they were but they haven't so I've seen the neutral I could be wrong. The. Any other questions. Zurich anybody here to speak against the bill. For the bill. Seeing none. Of represented would you have a motion. Arquebusiers close use me I'm sorry yes I appreciate that Mister chair I would say in closing I appreciate Russian a base comments as well I agree that the the issue of life is of vital importance in my opinion anyway and so I would just ask that for good faith rolled out on this and I would move or do pass thank you. Okay. Could we have a do pass is there any discussion on the motion. Seeing none all in favor say aye. Those opposed say no. Well. Hello you have I got two hands on a roll call let's look. I've got to call it first hello yeah good. Okay yes so the yes Is haven't. Okay we got to answer a call. Okay. Caller okay. Representative Holcomb. Representative Cavenaugh. Representative arrives yeah. Representative Dalby. Representative Dalby. Representative Les Warren. Representative Les Warren. Representative mark Perry. Representative Jamie Scott. Representative Keith Slape. Representative payee McCollum. Represent the Richard McGrew. Representative David tell let. Represent the Megan Godfrey. Represented Howard Davies junior yes. Representative Andrew Collins. Representative bill your hall. Representative John Pekar yes. Representant Camden under what yes. Representative Jackie Walker Brian. Representative Milton Nicks. Shares voting yes. Yeah. Passes of voter twelve to six. Okay maybe I should should have told you the the represent the Underwood has pulled of back the blue Act he has some things he'd like to do all that before presented at this time will Sturch here Senate bill twenty Representative Tosh We're glad to see you back we know we've been off for a while in. You may proceed when you're ready thank you Mr chair and also I'd like to with your permission bring to the table with me miss Lindsay per H. and let her down about her sale yes please to. When the French with the association of Arkansas counties. Share this is a this bill that's kind of a sister bill to the bill that I ran thank before this committee about four weeks ago right before I had to leave for my surgery but anyways it it in relation to the incident to I told you about the and that occurred in Craighead County. Well we had the county Clerk that and was the only one that was overseeing the the bank account for the county employees money. So we realized we had a huge mistake there and was able to correct that thanks to you this community and those in the house chambers we passed that bill out and that bill now is headed to become law. But also we realize in the county association did that. There was another issue and what this bill does here it just sets forth provisions of the code for the quorum court to be able to appoint a replacement when the county elected official has been suspended from office by a court for stealing funds in office. And that's what it does and and we realized in the same situation that we had in cricket candy because we were very fortunate there in the event that of that individual resigned. But then the question came up. Quality health. What if what if they had not resign do we have any statutory thing in place to to remove someone from office that was dealing funds while in office from that office so that's what this bill does And with that I'll be glad to well the information is that covers anything you need to add. Thank you Representative thank you Mister chair he did a great job and that pretty much covers it sections one through four of this bill are mostly technical clean up language that was suggested by BLR the the actual substance of this bills found in section five the court already has the right to suspend an elected official I'm upon filing of charges against him for stealing money in office as represented Tosh mentioned in section five if it's a county elected official meeting of a county wide elected official in this says that the quorum court can appoint someone a during that suspension either until the suspension is lifted or for the remainder of the term so it it just clarifies that is he mentioned the person resigned in this case so we didn't have to cross that bridge but if if we came across situation where he would have not have resigned it would have been unclear if if anyone had the authority to appoint that replacement so this bill just a health system that situation that we hope we never find ourselves in. Okay any questions. Seeing none. Of anybody here to speak for the bill amended against the bill. For the bill. Twenty nine Representative Tashi ready to close for your bill I am Mister chair and it's it's good to be back before this committee I appreciate you and I'm close with the bill. Okay I have a motion from represented Dalby any discussion on the motion. Seeing none all in favor say aye. Those opposed say no. Congratulations you have passed your bill. Okay up next to Senate bill one sixty nine and Representative ray is here to present the bill. You may proceed. Okay. Thank you Mr chairman and members of the committee for the opportunity to present to you Senate bill one sixty nine also known as the lemonade stand bill this bill would quite simply allow children to sell non alcoholic beverages without a license or permit or fee. Why would we do that because a lemonade stand is an iconic American tradition for many children it is a right of passage that is as American as baseball or apple pie. Children often use it to sock away money for the purchase of a new by. Help raise funds for charity. Or to save money for school trips. But Around the country we have seen a wave of instances where local governments are cracking down on these pint sized entrepreneurs. And if you're not familiar with some of the things that have happened on this issue and encourage you to just Google government crackdown on lemonade stands or some derivative of that phrase and you will be astonished at the number of results you get I can assure you it is more than anyone can digest in one sitting. In state after state after state children are being told they must have a business license peddler's permit liability insurance and more just to operate the simple lemonade stand. Now thankfully I'm not aware of any instances here in Arkansas this happening I would like to think that that's because we generally have a good deal more common sense and a lot of places but in state after state after state from California to New York Oregon to Colorado and Maryland even Georgia and Iowa there have been high profile instances like what I'm describing. In fact it's become such a concern that the lemonade company country time actually created a legal defense fund to pay the fines of young people who have been cited by cities and counties. Just last week I found the story on NPR about a group of children in Bethesda Maryland. They were discovered to have been operating a lemonade stand without a permit. And incredibly the inspector from the county came out and issued a five hundred dollar fine to the grandparents of one of the children. That tells me that unfortunately common sense isn't quite so common anymore. So what do I hope to accomplish by bringing this bill first I hope that we bring some attention to the ridiculousness of government over reach I also hope that we prevent an issue like this from happening here in Arkansas. But I'd also like to think that perhaps some child somewhere in Arkansas sees a television story about this bill or maybe see something on social media about it and it encourages them to dip their toes into the entrepreneurial waters of business to do something like have a lemonade stand that would allow them to learn the value of hard work that promotes youth entrepreneurship. And maybe just maybe that young boy or young girl will go on to start a business of their own one day. That will employ our Kansans and give them the dignity and fulfillment that comes with honest work. And just maybe that young boy or girl who knows maybe they grow up to become the next Sam Walton. So with that I'll take any questions about the bill. And now we're obviously appreciate support they represented Collins you're recognized. Thank you Mr chair at appreciate the bill lemonade stands at thinker are great I did on my kids doing I'm curious if you've thought about what happens if someone tries to take advantage of this say you've got some seventeen year old who wants to do a coffee bar on private property in college you know technically it's a stand technically it's non alcoholic beverages you don't want to have to pay a business license fee he doesn't want to have to comply with health department rules at center is there anything that we can do in that situation or is it just we're just not going to enforce anything against someone who tries to take advantage of this very well intentioned bill sure well the particular instance that you're the the siding we wouldn't worry me too much I mean if somebody wanted to sell at a child wanted this a minor in this case seventeen and I wouldn't call child but a minor want to sell coffee that wouldn't give me any heartburn but I would point out on line twenty six the bill does allow only for the occasional outdoor sales so presumably that wouldn't allow them to have an on going normal business operation this would be you know the occasional the stand that you might set up on a nice summer day if you were trying to sell lemonade it at fifty cents a cop in and you know purchase a bicycle or some save up money for a purchase like that or something like that. They represented Brian you're recognized. My question was in line with that what is it what is it what we define as a casual. Well The opposite of occasional would would be permanent so the term occasional doesn't stipulate that it must be you know once a year or four once a month but I think and in this case occasional is pretty self explanatory common sense would prevail that if you have a if you were to have a permanent or semi permanent structure of some sort that probably wouldn't be would be allowed for under this bill but if you had a stand like a. Reference was represented Collins if you wanted to put something out on occasion like this if your if your kids want to have a lemonade stand you know during the summer from time to time this would ensure that they they wouldn't be harassed by local entities government entities and it would ensure that they wouldn't have to pay a. office by fifty or obtain a permit that really saw serve no functional purpose. Follow up. Yes I do support this I'm just I'm look at it from the city's. Standpoint of if there's a private property on the corner of a busy intersection. And the the child sets a in the past you know the car start start start to block the street to the police officer has to come in and make a choice I either need to regulate the sale with this child is doing or any to give tickets to every driver that stops and any impeach traffic so that me my only concern is is what will be the city's due to do that but I guess it just be their their issue thanks sure I I appreciate that concern I guess what I would say is what you're talking about is certainly a hypothetical situation and I have a hard time imagining that I managing a lemonade stand being so popular that it created a traffic issue but I do know that you can just you can just Google this or search on the internet this particular it it in case of instances where lemonade stands have caused concern around the country and I'll say that's a very real concern it sounds silly to say out loud you know that this is a this is actually an issue in many states around the country but it is. Any other questions of representing Holcomb you're recognized this is Sir I mean I'm I like bill I do strictly out of curiosity elect the grandparent that was fined five hundred dollars was that simply because they didn't obtain a business permit from the city or was that was that a healthy she can can do you happen to know they're offering. My understanding is this was an NPR story that was posted last week mmhm I don't think the story referenced any health concerns I believe it was just that they were operating without a permit. Any other questions. Seeing none yes represented Bracha recognized I just following on represented Holcomb says. Municipality county or other local public health authority is that include the states as well. Like like every county has their own health unit could the health unit. Propose a. Could they be called upon by the the county the jurisdiction is that I need you to enforce some some state ordinance or state statutes. Hi I'm not a hundred percent certain I will I would think that I I know I'm not aware that the state issues permits for that for that sort of thing. Any other questions. Seeing none is there anyone that would like to speak Representative Scott you're recognized. She's been. Okay okay motion at the proper time is that what you're saying. Okay. you would like to speak against the bill. For the bill. Of would you like to close your bill over time close thank you Mr okay. Representing Scott you're recognized. We have a motion to pass any discussion on the motion. Seeing none all in favor say aye. Those against say no. Congratulations you're patched your bill thank you Committee. Nexus House Bill fourteen sixty three represented Hawke's. He's more important. All right represent Hawks you're recognized to speak and also to identify your guests up there all right thank you Mister chair and thank you Committee I'd like to introduce my friend and city planning director for the city of Conway James Walden and it was a few months back that Mr Walton it brought an issue to me as we passed some laws last session there is one in which the renegotiations it happened and within those negotiations we actually made it more difficult for a municipality or city to lessen regulations and this is been an issue for the city of Conway and I'll let Mister Walton explained the situation. Yes so this pertains to a at four forty six of twenty nineteen which is the residential design standards bill that went through the last session. What that bill essentially did was limit the ability of a local government to regulate represent Walter would you identify yourself or not I'm so sorry I'm so sorry yes I'm I am James Walden on the planning director for the city Conway thank you ma'am by Percy yes Sir so that law limited the ability of cities and counties to regulate residential design standards so there were very few if any cities that were that were actively doing that at that time. but with that so when that when that came through there were some existing cities like Conway and Bryant were we had what we would consider you would consider a historic district like district so we had to sort of a an area within the community that was under certain regulations that didn't fall under what you would consider a historic district which was a sort of exempted from the bill and so we were in a situation because those those this essentially locked it and for what you had on February twenty eighth twenty nineteen that's what you had pretty much forever it was it was our interpretation of that so for instance of the city right there they're planning director they had an issue with the a garage and so they wanted to allow someone to put a garage in a different location the ordinance that they had didn't allow the. So they they drafted an ordinance to change that existing orders that they had on their what we call the historic district light regulations that they had a soon as that was drafted Mr going to public hearing they got a response from an entity the community says well this is illegal so we're kind of force in the situation of. We either keep it in total the way it is as it currently exists for you know pace possible litigation of trying to amend it or someone says you know this is This Is become illegal you can't do that in Conway you know we've had several things that we have wanted to change to make development a little bit easier to our district and so rather than than leave it up to the court to decide or or you know rest on some other entity thought we would clean it up so that that's really what the intent of the bill is there isn't any way shape form or fashion intended to change the original intent of what that acted in twenty nineteen this is simply to to clean things up to allow us to roll some things back if necessary. Okay you're ready for questions. yes Sir I'll I'll take questions I do want to clarify one thing though okay the sponsor the bill who ran the bill last session incident Senator Hester he and I have spoken and he is good with these changes we're just aligned to make things less restrictive so Senator Hester is is good with this. Okay any questions. Seeing none. A Representative bra you're recognized for a question thank you thank you Mr chairman asked. I think I'm right about this let me ask questions okay let's just say in your records friends Arkansas you had buildings that were built about eighteen ninety two by nineteen ten. You know they will they got a server standards up there in that town because if you build something that's two thousand and twenty on to something that was actually built a hundred thirty or forty years ago it changes the whole value of that time House and it could affect the houses around. So is that kind of the situation that we're running into here. All you know our our situation in Conway is we have we have a local historic district where we've got those regulations and that's by that bill that was passed in in twenty nineteen those are those are exempt we have an additional area that surrounds them that is sort of a buffer to that district that maybe one day hopefully might become a historic district you know I don't I'm not sure but it doesn't quite meet the threshold and criteria for what you would you would consider something like in in Eureka Springs and so within that area we're trying to essentially encourage good design so that we don't end up with a situation where we have a neighborhood that that begins to decline that were we continue to enforce certain levels of standards that you might have within other parts of the town we have restrictive covenants this this these areas have been developed for so long that organizing a group of property owners and in that sense just doesn't make a lot of if it would be exceedingly difficult to be able to do that and so but that said the existing regulations that we have were wanting to tweak them in some ways to make a less restrictive war he's the the the process of of you know approval side. But when I came out Sir working there two years ago it takes about thirty days for approval on certain items. I would like to go from thirty days to three days because that the it's you know creates a much more friendly environment for property owners hopefully will encourage more compliance with the the regulations things like that so that's what we're looking at. Kate representing Bryant you're recognized I withdraw my question thank you. Okay. You. You call for the question. Of. Okay okay of a Representative of the group. Can I might be off target here read by saying that it allows us. Electric restrictive regulation. How does that play out in in it does it affect the billing codes or anything so that the streak is going to keep something a certain way that it was which is does it make the new codes and standards would allow you to affect that. This this purely pertains to to zoning it does not pertain to the the state fire code so all of those regulations would still be in in in place so it's it's just purely the the city's local regulation of zoning and that that instance. Questions. Kadri represented god FOR you're recognized thank you Mr chair and represent Hawks I appreciate you visiting with me about this and I know that I've been a little bit back and forth in my city who has some concerns and just because I haven't heard back from them I do want to and just raise those just in case and we haven't come to a resolution on that and you know my city was originally opposed between nineteen let the legislation instead the concern here is that by allowing amendments only to be less restrictive it's actually broadening the application of that and twenty nineteen law and that would run that application impact of the statute and not less than it so I can understand by Senator Hester is in favor if that's truly good at the. The results of this amendment so I did just kinda want to fly that brief you could speak to that and that this would really kind of. Cities originally opposed make it even more restrictive and and more challenging and to kind of make amendments that they see that okay thank you represent I've got free and I do have John Wilson with municipally here I don't know if he wants to speak to that but I would say that you know where the bill was that and what we're trying to do It's small steps back to where I think fate bill would like to be but you know me well I don't know that the state has a stomach for this right now and frankly fate bill Conway and all of the city's are caught in a predicament where they can't do anything where that code in statute is a saying that I believe that that's the interpretation that we see in the problem that we had I believe it was in Benton and what we've seen in the city of Conway and so I mean we have other cities to say they're stuck in this position I understand it's not where they wanted to be it's not that but I think that that's a different bill and if you and I want to work together on something like that maybe we could cross and I I it that they understand that distinction and the purpose I just wanna clarify that represents spring does not pay for thank you. Yeah John Wilkerson general counsel the Municipal League and and I talked to that city attorney Mr Kate a little bit ago and the way the way I look at the bill the existing law is that if the it was a grandfather clause or changing and the grandfather clause says that whatever was in place as of that date is what is is what it is and you can't change it that's that's the interpretation honestly I not heard about this story about Brian to recently and I thought well that's at it makes sense to me that we would want to be able to have a restriction that's less restrictive that would otherwise would be prohibited by the existing law but this example I get is if you have if you ever probation it said you can't have vinyl siding on the city and it was already in place but the wind changed to not allow purple vinyl siding that restriction not allow purple vinyl siding is not allowed under the law because it's less restrictive than the existing law it would be okay so that's what I think I that's the way I read the bill as well but I have talked to Mr Kate at length about this and it's a complicated B. R. member doing it last session so but I B. yes we redid that it's a grandfather clause existing regulations cannot be changed this would allow us to change it if it's less restrictive thank you for the clarification thanks for allowing me to a specifically about and those concerns I appreciate out thank you Mr. Any other questions. Seeing none is there anybody that would want to speak against this bill. For this bill. Represent halls are you close for your bill. Yes I'm close for the bill okay. And entertain a motion. The represented Brian makes motion to pass any discussion on the motion. All in favor say aye. Those opposed say no. Congratulations you're patched your bill thank you Mr chair thank you committee appreciate yes okay as of right now we were going to meet Monday something could change between now and then represent under would will. At German I know we spoke about this prior to the meeting but I haven't amendments to sorry eleven eighty three and I know I mentioned about getting on the agenda joins if you're okay if I ran that just. We talked staff here to serve. Representative Underwood to have the amendment with you. Yes Sir they will have the bill with me. with the amendment. It's been engrossed yes Sir. Okay all right we're going to suspend the rules here without objection in here House Bill fourteen sixty three eleven eighty three eleven eighty three yes. You may proceed thank chair the committee sorrow take leisure time you may recall I ran a bill earlier in the session that allowed recorder's offices to take electronic payments and so that bill went to the Senate and it passed the Senate but they want to I mean just a couple of things there was an amendment to change a person's in the bill to individuals and I think there was some concern about whether or not that meant natural persons or if it would also permit entity so they made that change may not been completely necessary but this probably does clarify a little better and then secondly there was a portion of the bill that required that are cross referenced another part portion the code that and in that section cross referenced other code numbers that this talked about lien liens and the the charges for those so what we did was we just got out got the middle man out of that and just put the actual code numbers they had those numbers in there that makes sense so that's going to change that was made to the bill. We have any questions. Seeing none anyone would speak of for the bill I mean against the bill for the bill. Yes for question. That is the fact subject of okay all right will will hold up here just a minute. Okay thank you and I'm sorry I I'm just that second change under is not totally clear on what it is so. Is it is it any substantive changes it just clean up. I would define this clean up because what originally what it did was it cross referenced the section of the code and in that section of the code had a bunch of other section code numbers that CrossRef that you had to go to in order to see what the lien charge was and so we just got rid of that cross reference so that way you go straight to the gate we listed the code numbers actually have the charges that makes sense yes thank you right okay any other questions. Seeing none. Dr Michael or your clothes for your bill I'll close out moved to pass thank you have a motion to pass any discussion on the motion. Saying none all in favor say aye. Those opposed say no. Congratulations your pass. Your bill is amended.