Insurance & Commerce - Senate

All remind people in the audience if you want to speak for against the bill please come to the front of the room let's get signed up before it's time for you to speak. All right we will go ahead and start Senate array for you know you've got to go chair committee so would you go feel free to. Do the honor presenting Senate bill two thirty nine thank you Mr chairman and by the way congratulations on chairing this committee I'll have to say it's bittersweet I miss it a little bit thank you I thank thank you thank you for allowing me to go today members only hit this pretty straight to the point this is related to S. B. two thirty nine this bill would allow insurance companies to offer lower cost option to employers in the small group market by allowing them to self on the product with stop loss coverage Arkansas law currently allows these types of products but they're not competitive today because of the requirements around the required stop loss coverage makes it too expensive this bill would remove some of the overly restrictive stop loss minimum attachment point requirements while keeping appropriate protections in place currently Arkansas has the strictest stop stop loss for minimum attachment point requirements in the southeast this bill would bring Arkansas more in line with what is allowed available today in Alabama Georgia North Carolina South Carolina Mississippi Tennessee Louisiana and Florida the insurance department has not contacted me and I've been totally if no objection to the bill and I would ask the chairman to recognize Derek Smith with Mitchell Williams who's here for any questions as to some of the the legalities we we will take your introduction as a matter of record thank you thank you welcome Mr Smith. are there any questions by the committee. Seeing none is there anyone in the audit do you have one Senator Irvin. Motions property I'm thank you Sir anybody in the audience who would like to speak for against this bill. Seeing none Anybody on the committee like to speak for against this bill. Seeing none the in are you close for your bill Senator Rapert yes Sir thank you committee today and what's the will of the committee. Okay thank you Senator Irvin do I have a second. Thank you Senator Ingram thank you motion has been made to pass on Senate bill two thirty nine all in favor please say aye same side opposed. Got one no so I won't call unanimous but your bill has passed senator thank you Mr chairman thank you. Senator Irvin Senate bill one eighty four if you could go to the end of the bench it's bill we heard previously and bring any folks with you that need to present anything if they are here is Steve contract on the sea front appear. A. Do you want to go and present I know you've got a four o'clock obligation I do but There are questions that need to be answered from members of the committee so we need to pass on that okay so so how long will you be able to come back I mean I hope we are forever today but your budget the bottom of the bill are the agenda I think the department needs to have some time to answer the questions and they're not here so I need to I'm not gonna have time to reach out to get my own or my only concern is we've had some people come at least one day and this is the second day from yet this under so I don't mind if you want to go to your four o'clock thank you said as an interview or something and then maybe show well in their town. No I can't in their agency folks are not here to answer the question so I cannot run the bill if the agency folks are here to answer the questions by the senators so I just I'm I apologize though that's fine yes Ingram you're recognized sure we said this is a special order of business and somebody. If the yes yeah that's fine. Seven years or. Yes that beat that the grades I'm I don't I don't have a problem with that we can do that next week thank you all right I will apologize if there's anyone here I know there were some the other day that came for this bill and we will do that we will set it as a special order of business next week so we know are already they don't have to travel from parts of sun so okay all right. All right then let's move on so I thought I saw Representative Cavenaugh and senator he'll. It was a quirk okay Senator Wallace Loomis we're bouncing around here Senate bill two twenty nine senator Dave Wallace. Your all right here and we're all in a hurry this time. Go ahead Senator Irvin before we start Senator Wallace go ahead Senator with at members I I know I'm I have to leave and I apologize I just I was in the room and asked a question of senator leading on his bill and I just want it for the record state that I'm great with the bill and he answered they answered all the questions so if I'm not able to be here when center leading presences bill I just wanna make sure it's for the rack on the record my answers my questions were answered thank you and I'm for his bill so that's that's just all I needed to say and I apologize I need to run real quick okay. Senator Wallace we're going to kind of take a deep breath and get back into the normal speed of things here so the microphone is yours please present your bill. Thank you Mr chairman members. This is a real simple bill the associations of burials are asking that the reports which reduce annual and semi annually be bought back thirty days specifically they have reported due on the ice in August the fifteenth they like to move those to September the fifteenth. And from February fifteenth to March fifteenth the reason they're moving back. Is the last change on these reports for the dates K. nineteen fifty eight the reports become more. Complicated more cumbersome in the last fifty plus years. Okay. With that I stand by for questions Senator Teague. Okay motion motion the ballot check for questions first about motion at the proper time okay are there any questions of the committee. Saying nine is there anybody in the audience to speak for against this bill. Seeing none are close for your bill senator Wallace sure I'm closed you are closed Senator Teague. Motion to pass Senate bill two two nine we have a do pass motion all in favor say aye. What. Hello pardon me I'm a back up a step we have a motion to pass I need a second sorry Senator L. as a you are I will back up is that we're going to quote we're gonna get back into normal speed here in a site and we have a motion do pass on Senate bill two two nine all those in favor say aye. All opposed same sign motion issued bill is passed unanimous congratulations senator Wallace and thank you thank you Mr chairman thank you members. All right I believe the request list now goes to represented Cavenaugh and senator hill and senator leading you'll be next. It was just a second. Okay my understanding is we have an amendment on this bill do you want to present your management and we'll deal with that first of all the committee members have the amendment. Thank you. House Bill House Bill ten twenty seven. And you should have the amendment in front of you now and center hill if you like to present your amendment yes Sir thank you Sir Senator Ricky Hill district twenty nine Amendment you're looking at basically all it does is describe the word battery independent better seal or definition. Okay are there any questions by the committee concerning the amendment only. Senator Elliot you're recognized. Hello I was trying to read the bill that did our part that seems lines and you're saying A. B. C. and see all that okay I can understand you are you saying that. R. A. B. C. A. B. and see all of those are. Defining what the bitter is I just a chance to read all that for before we were moving on this is the person's may not enter okay go into your time reading center we've got time. Are there any. Good yes okay are there any other questions of committee members. Seeing none a hello motion to adopt senator Dismang do I have a second Senator Hickey the motion to adopt the amendment has presented all in favor say aye same sign opposed the amendment is adopted feel free now to enter into discussion on H. B. ten twenty seven senator hill. Thank you Mr chair. Ladies in German all this basically does it adds one thing it allows us to advertise for many storage unit sales that have been past due as far as their property and contents inside that allows us to commercially. Commercially reasonably manner advertises for sale in that means they can advertise it on their Facebook pages anyway they can in the main reason we're looking at doing this is simply because we're trying to reach more bidders trying to reach a younger group of bidders not as many people read the newspaper probably about forty five on down or not even dropping down to forty don't even look at the newspaper anymore now I still do myself this just allows the person who owns the facility another opportunity to offer to sell the products that are out there this is not a storyboard that we're looking at is there's not a lot of times people leave trash and everything else in these facilities what we're trying to do is to make it were the owner of facility can recoup them up as much money as they can only property this left in there. With that being said okay the question of the financial. Senator hammer you're recognized for a question thank Mr Senator Hill can you tell me what the requirements are before they have to advertise is there a process where they have to contact the. Who's supposed to be the renter of the unity yet yes Sir they do contact them with the registered letter and nothing nothing is changing saying process and always has been in place is still in place on that center followed Mr yes you're you're recognized thank you and is this Is this removing the requirement to advertise in the paper or is it adding as an addition and the requirement to advertise in the paper still there the advertising of the paper is still an option option yes it's an option okay thank you. Senator Elliot you're recognized for a question. Thank you Mister I think we're going to have somebody's maybe you could speak to this more but I would have had discussions with the of people about the bill and are my questions always been why is it not. And and one of things I've been told is has to do with the cost of of advertisement in the newspaper so could you give me some idea about what that cost is and I want to understand if the sun onerous costs for for people to continue to advertise in the paper and the newspaper okay to make sure I understand the question right now may serve required industry on the S. okay but it won't cut it so the question is. To add to the person is the ward and okay what there's no way and also will say the papers to have the opportunity individuals to have the opportunity to advertise on paper if they will take I know I'm I'm asking why do we not have been a and instead of an and for. Because what I've been told by folks is that. But you needed to have wanted to have this as an or because of the cost of advertising the newspapers so what I want to get some understanding about is. What is that cost like is that an onerous thing to do is what I'm asking for is a call from newspaper agos going very from your local newspaper to practice that or any of the other was late because going very in you having some towns we don't even have a local newspaper anymore and so I cannot answer what the newspapers charges for the write goes sound familiar we have some people to speak to that that might be able to answer that all right. Bentley let me call in reference to a point when it orders from okay whenever the chair says okay thank you Senator hammer you have a question I do thank Mr. So in the absence of a local newspaper say there's a storage unit in small town Arkansas that doesn't have a local newspaper are they currently forced to advertise in the statewide newspaper because there's not that local option. I must say eight state one newspaper are you local the next local host closest local paper to them are you can have a regional paper like in in our area we have the leader. Which covers part of White County Lonoke County particle Pulaski County don't have we don't have a have a small town is there we do have that that next option window up to follow up missed share your granted thank you so in the case of where a person lives in small town Arkansas and maybe the closest paper is thirty miles away that doesn't deliver it to small town Arkansas anyway there's a good chance that people would never know it anyway because they don't get paper because there's no paper service area unless they got to pay a statewide paper rate yes okay thank you. Okay. Any other questions committee members because I know we got some people signed up to speak. On this bill anything else for members. Any I need some people in the audience who want to speak for this bill. Please please come forward if that unit identify yourself for the record you sit right here at the end of the table please either one whatever they all work. Please identify yourself Charleston I upon the Meyer one bridge Arkansas thank but I'm not here to talk to you about the in the minor I'm here to talk to is a self storage facility owner for three to four decades and also on president of the Arkansas so storage association thank you the area all if if I may speak of freely on this Mr chairman the association represents three hundred plus locations in Arkansas with the customer base in excess of a hundred thousand people the association was formed shortly after founder bill humble got the first lane Laul pave the way to get the first lien laws passed in Arkansas in nineteen ninety seven. The employ all set out of their way to try to do the cycle of public sale of goods in a locker that had been left on paid for at least forty five days with proper notice now in that legislation it also established a fair balance between the facility owner and the tenant and it did the at all because you have to have that balance to get longevity in any type of business but A. as part of that legislation it established a mandatory advertisement in a newspaper nothing said about a legal land nothing said about may not time or date stamp on my and it was an advertisement in in nineteen ninety seven the newspaper was the primary method of advertising now we jump ahead and you look at the fact that we have social media you might owe you have text things like that. Those advertising options have changed in the big keys that were facing only us when you look at the advertisement that's mandatory in the newspaper it does not even have to have the bill of the tenant to name the ten day fall phone on the storage locker but in fact or legislation also go so far as to say India a mile this is legislation that's already in place right mile any amount over the debt owed by the tenant is not kept by the facility owners it goes back to the tenant mile that's in existence smile and with the advertising the changes that have happened the advertisements online Facebook online auction sales different methods can expose the contents someone is in a locker two hundred dollars thousands of bidders throughout the country which not only helps clarify the clear the clear the data up to order the facility facility but it also ensures the tenant gets a fair priced out of their money the law goes so far that if for some reason that tenet did not collect that overreach. After the date buddies after two years it goes to the county with in which the sale was how you at no point does the facility owner collect anything else now when we look at the US. This brings me back to what house bill ten twenty seven actually does it makes a mandatory advertisement optional you can use those paper if you want you can use whatever advertisement but it also sets up for the builders and clarifies for the bitter bitter actually all or after the fact that we've reestablished with the amendment but the cost of an added is not as important as what happens to that culture whether and I had cost you five dollars or whether we have a local paper so my ad so or obviously much less than those that do have to use the state paper which is online and comes out with a classified section on Sundays so but the cost of that I had. Is data it's passed on to the tenant because if the tenant does not settle a third official units place does not settle for enough money to clear their debt by use they still that they are in they can be turned over to a collection agency just like anyone else so this the the mandatory ed. Is requiring us to pay for and I add that in effective in itself dated and it does Senate passes on to the tenant though if the unit doesn't bring enough to cover the cost the facility does pay it but the state with this bill the way it was originally written initial effective it should be on. We're being mandated to pay for advertising that doesn't work and we'll pass the cost on to the tenant and it comes out of their power in depending on for senator Elliott question depending on which paper you advertising and whether it's the times-dispatch moment reach. Or the John force on or the Arkansas Democrat those say it's very dramatically depending on what's put in by we have several questions in the queue I recognize Senator Ingram first and then I may come back to senator relative she still as or question of mayor you said something in your testimony that up so they would use the word bitters we're we're really talking about a niche market and and those bidders are from outside the coverage area of a local newspaper or they all across the country or they regional that again no senator that would depend on what other methods of advertising you're doing for instance who's going to be able to read the times dispatch except the people who subscribed to the times dispatch now that does not mean that we can't go ahead and put on Facebook that were doing and I under or public sale right now but the mandatory report says it's got to be in the newspaper of the local circulation. So there you would not draw a very big crowd if you did not advertise anywhere else and and you said bidders yet so this there are people that follow this up they need to notice that are outside the newspaper's cover Jerry correct we but if you really want to get a fair price the difference really is we have all what we have one facility owner here that's just not has done an online sale when a woman paid to study the ad that calls was passed down and taken out of the money that came over to vote for the tenant and it handles several like three four hundred bidders that looked at the unit because it was online and all not testifying for him but he will he he couldn't tell you the stories of having three to four people show up when it was done just in the newspaper and it's about passing a cost for ineffective advertising only to someone that doesn't need to bear the burden to bear the burden of the cost okay do we have other question do you have follow up there Senator okay do we have other questions for the testimony. Okay thank you for your testimony Mr mayor thank you all we have some other people since he was a for the bill do we have anybody in the audience to speak against the bill. Please come forward identify yourself. I free to identify yourself and then proceed. I'm Lynn. Allen Hamilton I'm president of the Arkansas Democrat Gazette and I'm really grateful for this opportunity to talk to you and hopefully clear up a misconception here senator hill and I mean no reduce respected all that and I think I can quote what you just said I believe you said that this bill does one thing it allows other opportunities to advertise. That's in correct a I'm sorry that it. Right now is the mayor testified Mr set up the of the storage facility owners can advertise anywhere they want to in any means and they're already doing he described the advertising process they go through Facebook and on national websites. They're doing it right now there's nothing to prevent the. In the bitter Reserve the the amendment added the the need for at least three bidders that is no issue there these national websites a drawing lots of professional builders who troll these websites and try to get bargains on systems and storage was a facility items all over the country so that that is no issue what the mayor did a really good job in explaining how the whole process works There are not. Lots of ways that advertise and lots of people are doing it the one that the what the mayor explained was it in nineteen eighty seven this bill was drafted of the language that we have we have had since nineteen eighty seven was created in order to let people have a fair process both the sellers in the the owners of the facilities and the people who had their stuff into units and today what's happening with this what this bill does is take away the requirement to put to advertise in the newspaper in the newspaper the wait was drafted the newspaper language wasn't just to bring in people who are going to buy the merchandise that's being sold it was drafted to notify the people in that county the sale was happening in you all know how the mail work sometimes people move and they don't get their certified letter they don't get their email so they've got an opportunity if the first facility owner will run it in the newspaper the local residents of walnut Richard wherever they have an opportunity to know the sale is happening it if you all if this bill becomes law what will happen is the facility owners won't to advertise in the newspapers they have the option not to because maybe it doesn't do as well as these national websites or fate Facebook and bring in buyers of the merchandise that's not the purpose for the purpose of these of these ads part of the purpose has always been to notify the local residents of that's happening and if you will vote for this you're taking that away and I won't say one more thing then I'll quit temporarily if you allow me the cost of that is the newspaper cost in a typical weekly newspapers about ten dollars into the democrat-gazette to run state wide at the cost is twenty one dollars and ninety eight cents for one SJS these are not big ads. Democratic is that's not making a lot of money on it but what we are doing is serving the public okay we have some questions thank you for your testimony senator Dismang you're recognized thank you Mr chairman what so and and I didn't realize this and thinking testimony I think you actually agreed to it so the only thing is required to be in the paper right now that that that there's an option it doesn't notify the owner or the the Renner anybody else their contents about to be sold to justice is going to be an option is that right the you're correct with the nineteen eighty seven language was written was is just notified that it's happening a what typically happens in about half of the ads will name the the owner the content is not required is not and I'm saying I'm just going to read this letter I mean the way that is already as it is right now and since nine so it wasn't really drafted or set up back then in such a way that promoted. You know notify there's already another process of medication notification for the individual that was running the unit this wasn't anything about that it was required advertisement of the sale really only the and that's that's fair of the of the sale to tell the local residents yes Is that so we chatted like I said I didn't realize that I thought we were going to have a conversation about properly notifying in doing everything we can like you would in a bankruptcy that you know you know Hey you're here things are about to be sold courthouse you need to be aware that's happening so that that's good information to know said the something I did not understand at the time so then at the end of the day all we're talking about I think is what means creates the most benefit for both the person that defaulted and then the company who actually receives no benefit from the sale other than getting the money that was due them back then that that is that fair I think so okay it's so been in finally I did one of the things I'm we're kind of rolling around in my mind so Democrat exit is stopped it's you know circulation as of I'm gonna read democrat-gazette and I do I mean I'm I'm good on my iPad and I'm going to look it up and you know read the daily article and so I had I don't even know how this works so someone were required to provide that advertisement it is a bit weird is that go in your section of the paper how would I even I would know right now so that the the democratic is it publishes or legal notices on Sunday and we put out printed newspapers as well as on the website it in all seventy five counties of Arkansas on Sunday this is more of an advertisement that it is a minute this is an advertisement of a sale so far we're going to have the you know essentially the same thing as me saying I'm going to I want to have a yard sale on Sunday come by my house and will publish in the paper Sir but knows about have yard sale that isn't on the legal notices a station that goes into the yard sales will go on the legal notices but these do these have been treated as legal notices since nineteen eighty seven okay it wasn't the language that was used in. Bill but that is where it where they've been continually and that's where people look but what were they notifying anyone legally just that there was a sale that there was a sale happening and I I think for years the facility owners actually put the names and maybe more information in there and over the years that they tended not to to use the newspapers much stated as they once did okay I thank I and what what happened just of one more I'm sorry back under granted one follow up we will get some of the people so but what if there is not a local papal paper then or they mandated that I didn't have a chance to read all the existing or they've been mandated up to advertise with the the the the way the language reads is that they have to advertise in a newspaper that is circulated in the county and the Democrat because it is circulating the county in its twenty one dollars and ninety eight cents okay thank you okay. I see no other questions thank you for your testimony that his speech was against the bill we have our for the bill we have one more I believe in the audience since he was against. So does my next four to add someone else in the audience lined up. Shall. Please come let him identify. We have nobody else on the for side. Okay then we'll go to the against the bill. Please present yourself into the table. Please recognize yourself and your you may proceed eighties of money selling fruits from. The same career and the county and the record three. All community newspaper school Favors and. Like you said costs fees public notices are not advertise on the notice is minimal I have both of my papers and less than fifteen dollars. And at either the last. We're not saying you should. They should not ever. They should also. One day I. All. Stop business. Stop in. Hello. He said All used for educational uses yes Is paper purchase items for his store very successful business. Very successful business over forty years. This is not a magic. Public notices for. The story of. Well. Your. read. Yes Sir. Important and it's important to let the community know. One of these has the numbers all the other does not so if you do for the reply it's still less people not whether it's personal or. Your last everybody. Okay. Committee members to have a question Senator Elliott you're recognized and I will remind members we've got another one of our own one percent of bills let's trying to request the microphone and then ask for follow up and we're trying to move forward. Thank you Mr this is the first time I have had a distinction that one of these is a legal notice and the other isn't advertisement I did not realize that so are you of the opinion that and if we are not due and if we don't have what's called the legal notice that you were talking about that we are going to miss or people locally may be cut out of this process is essential contention. I believe. People have the right. Other legal notices I'm getting on five yard this is important. What. And maybe somebody else can tell me this but do you happen to know if the advertisement on Facebook is considered a legal notice it is is there anything about that that we ought to know somebody should tell us at some point. Thank you okay any other questions from the committee. Thank you for your testimony of our records show we had some other people to speak for the bill but are they willing or not. Okay seeing. Okay. Please identify yourself and you may proceed. Thank you Mr chairman my name is Dan loss I I have been in the store to this for twenty five years I have two two stores here in Little Rock and a couple things that were state or factually incorrect it's not a public notice and it's not a legal notice to start with that is that is covered in statutory language in the bill this is merely an advertisement and you've got to remember that in nineteen eighty seven we didn't have an email the email excuse me we don't have texting within its cell phones we have all these means of communications to advertise the sale now the the the intent of that language was to get better is to the sale to get the is better best price for the tenant issue possibly could nowadays of course we don't like to sell people stuff that's that's not what we like to do and we try to work with our customers everywhere we can but sometimes customers will go a wall if so to speak they just disappear we can't find them they block our calls their alternative contacts don't know where they are they just disappear and there's nothing we can do but sell their stuff. It's really our obligation to give as much money for that stuff as we possibly can because whatever we get for it if they still owe us money at the end of the day that goes to a collection agency so that burden is still on the tennis I will tell you that my experience has been advertising in the newspaper and by the way there is no requirement for to be in the legal notices the democratic is that forces us to do that and now they're only by allowing us to advertise on Sundays which is another problem because I always heard how much sales on Thursdays so I have to advertise even earlier now sometimes the tenant comes in and pays in they're responsible for the ad. And they wouldn't have been if we can still advertise daily like we used to but I recently went to on online sales platform. And all right I've got the paperwork here in the past advertised in the paper I would get on average three to five people that short for the sales it's the same people every time the last one that I held on the property I had three gentleman they're all regulars the the space that I was selling shooter brought at least two hundred fifty dollars and not more my opinion and they got it for seventy dollars so so the tenant. The tenant was the loser and they had to pay for the advertisement in the paper this is this is the last sale that are held in a I did it on online platforms. This particular space had eighty three builders. They had three hundred and fifty seven views and it sold for nine hundred and forty dollars and I'll be glad to show you all the us I mean it's just it's just a regular storage unit. The second one I held on that day it had a hundred and three bidders. Visitors are our skis me people that view this page were two hundred and thirty eight so for eleven hundred dollars both of the sale sold for more than the tenet of okay so they're the winners there's money we're holding the money for if we can find them they can come back and get that money if they don't come back within two years then that money goes to the county so. I'm in the paper it it's just outlived its usefulness it is far as we're concerned we can get more people looking at the sales in fact both of these people are were from out of town I did sell one last month in accounts from Oklahoma so we're getting way more people looking at this this is a much more effective platform to disseminate this information to get out there and it really benefits the tenant in the long run but remember I'm I'm the wrap up real quick I'm sorry the newspaper ad we don't pay for that if the tenant pays for so it's really better for the tenant if we can advertise online have that option you get more people to look at these and pay more more money for okay Senator Ingram you're recognized for a question. Quick question of. This Is Your Life under years. What we are number sales takes place. Really depends on the location of the facility personally I I have a store in west little rock and one in Riverdale and we don't have sales very often we just don't want years all while have maybe five six a year. Thank you Senator hammer here question thank you Mr. I'm just wondering whenever you sell one how many times have you had the person. That. Rented it from you call you and say I forgot to pay my. Fees and I'm glad I saw that I need to come pay you never. Jever these that's the other thing with a tenant is in default we text of we have a lot of we have automated texting it's set up and it hit some like it you know on the first of the month that the fifth of the month or twelve I mean my wife get into that because she's in charge about we email them we send them letters of certificates of mailing we call them we call their alternate contact I mean it it it if the war it stays want to be found we'll find it most of the time they just bounced and they don't want that stuff anymore and they just leave it R. thank you. Okay are there any other questions. Seeing none he was. For the bill and I wanna make sure we have no other in the against the bill. None were signed up senator hill I would you are their first full committee members of any questions for the sponsor. Seeing none are you ready to close for your bill I just like saying closing Sir that we're not taking the the newspaper out of it we just given another option because of the newspaper doing a good job they will continue to use that newspaper that's not no question whatsoever they're doing a good job bringing the most money they will continue to use them because they have that option in I want to re write what was able to nineteen ninety six language and we're in twenty twenty one time to change a Democrat is that used to come to my house in paper form now I'm not Senate is mine said we'll have to look at online they've changed as well all we're asking for is this option for the betterment for the person who selling the property to get the most amount of money they can for that property because of the rent that's due to the all. I'm closer. What are the wishes of the committee. I have a motion to pass from senator Dismang do I have a second. I have a second from senator hammer. So on House Bill ten twenty seven we have a motion do pass all in favor say aye. All opposed no. The eyes have it call the roll okay all right we have one member Senator Teague is. You're always there need to be that all right let's motion to expunge that vote my apologies motion to expunge that vote so do you want to change follow up with the same same amount motion with. Let's go into the process so we got on the record you wanna make a motion as amended. And is the second still liable Senator hammer. So all in favor of the motion on house bill ten twenty seven as amended police say aye same sign opposed. And I assume Senator Teague you still want your. Okay I have a motion to roll or call the ballot. Please the. Yes no we're good so your call the ballot Emily yes Senator Elliot. Senator L. skis Senator Elliott votes now. Centerman Senator Irvin center Dismang. Senate dismaying that now hi I'm I'm sorry Sam. Senator Ingram hi Senator Ingram votes yes. Senator Hickey. Senator Hickey votes yes Senator hammer. Senator hammer votes yes. Senator Teague. Senate she votes now. One two three four two two. So forty two and the House. The chair votes yes and your your bill passes. Thank you. Okay let's move on Senator leading thank you for being patient Senate bill two ninety please present your bill when you get to the end. Thank you Mr chairman of the committee I will try to be just as brief as possible of Senate bill two ninety most of you actually seen this bill I brought to the committee a couple weeks ago but had spent too much time studying for the A. I. livestock bill and I have my feet under me when I came to present this to and so I I apologize we had a couple of questions that day Senator Irvin before she left reference that we have addressed her concerns Senator Hickey also had a question that day but I have got an answer to him just to quickly recap for everybody right now under current law initial breast cancer screenings are free under ACA but twelve percent women who have the screenings are told they need to have a diagnostic exams the next up unfortunately those exams can cost anywhere from a couple hundred dollars to over a thousand dollars and so a lot of women are skipping them because they can't afford them and we're even finding that some women are taking advantage of the free screenings because they're afraid they're going to be told that they need to have the diagnostic exam. So that's what this bill would do it would simply treat that diagnostic exam the same way that we treat those initial screenings we have made just a couple of minor changes it Kartheiser questions you last saw this bill in addition to adding house and Senate co sponsors but Republicans Democrats the two minor changes on page two line two car tires that we replace that we're treating with evaluating. In. A. Page four line nine we originally had we're talking about the the woman's prior history or family history of cancer and we listed only mother or sister but cart I ask that we also include or any first or second degree female relative and so we added that language Carter's request. Okay do we have any questions from the committee. Seeing no questions all like knowledge Senator Ingram you want to state your motion to the microphone for me please. I have a motion the second to pass do we we don't have anybody signed up to speak I need to verify that that is a correction. Yes. Kievan number so. Minnows are admitted gross but yet last time I did come within a minute yeah. So we have a motion do pass. With amendment already engrossed I have a second was Senator Hickey. All in favor of passing Senate bill two ninety police say aye. Same side opposed. You pastor bills committing and I believe senator hammer your presenting the last bill H. B. twelve all one. Thank you Mr it's really good bill so good I've got somebody here to help explain Mr think that would help expedite things that be of online please identify yourself for the record you may proceed. Good afternoon members thank you senator hammer Charles life freedom general counsel for Arkansas rehabilitation services. Could you spell your last name for us please yes L. Y. F. O. R. D. E. R. thank you. members this is a bill that makes technical corrections to the telecommunications access program that's a program that Arkansas rehab services administers people with disabilities can get free or low cost smartphones and tablets that have certain apps that help with the deafness or vision impairment or blindness so so that's the program that's currently in law this bill would not change of the the program is administered won't change to this who is eligible or the sort of equipment that can receive but there are three but technical corrections and I'll go through them quickly the first is changing language that currently refers to hearing impaired to deaf or hard of hearing the seconds a technical correction of the states in this statute which is twenty three seventeen one nineteen a definition that appears in other sections of the code it simply it imports that definition to the statute here and that's prepaid wireless telecommunications service just so you know that significant to the program because prepaid wireless carriers are exempt from the surcharge that funds the program that revenue comes from land mines and the wireless carriers. And then the third change in this is the final one it is the clarification to help agency staff as they're doing their yearly accounting currently the the statute says that Arkansas rehab staff will petition the public service commission to pause collection of the surcharge if the three year average of expenditures exceeds the available revenue from that surcharge that the current language and so to to clarify that and give our staff some certainty as to when they need to file that petition the Bill refers to that three year average instead by saying if revenues collected equal or exceed three times the annual expenditures at that point then the agency staff would need to pas collection in surcharge in the idea of course is that if if we're not spending enough of the revenue the surcharge should be paused until we spent down a certain amount it and that's the that's the extent of the changes of thank you for your consideration and have the answer any questions. Committee members do we have any questions. Senator Ingram. The current I just wander up with with the the of the funds have how would that would we be or are we doing that now what kind of ballots to we have would it be suspended how long do you anticipate that those funds would last yes Sir so to just to give you an idea we are following the Arkansas rehab staff to administer the program are following that process currently in other words we're interpreting the three year average to mean if the the revenue exceeds three times the amount of of expenditures but to give you an idea of how often that comes up it has before in the past in other words the petition to the public service commission the last one. So because the surcharge was in. If you will bear with me two thousand six so it's been since the year two thousand that we had to pause the surcharge. If we do though that's a that is a an administrative process to the PSC we file the petition the committee the commission hears it and then to turn the surcharge back on that there's an equivalent process I I've got that that's not my question okay I just with the current status right now you're still collecting yes of we are are what's the balanced you know what the balance is and how close would it be that it could be suspended again are we spending of less than three times the amount sure it is unlikely that we would need to suspend the the current fiscal year state fiscal year twenty twenty one revenues as of December or one hundred ninety eight thousand eight hundred fifty and eighteen cents in expenditures to that same date seven two hundred two thousand nine hundred fifteen and that's because of a bit an existing fund balance okay thank you yes. Okay do we have any other questions. Seeing none to everybody in the audience to speak for or against this bill. Having none signed up. do you have somebody for this bill. What. Okay our records indicate a informational Speaker do they feel a need to come to the table it's probably me okay or or the Joe Baxter there's there's still someone else do you have some comment. All right. well any other questions for the sponsor. Senator hammer are you ready to close for your bill I make it up yes Sir thank you and I make a motion to pass appropriate time thank you it is the appropriate time now do I have a second to that motion Senator Ingram with the second all in favor of that motion to pass do pass on H. B. twelve all one please say aye. Same side opposed. Your motion carries in your bill is passed like Mr chairman members committee. I with that I got two quick things for the still existing board members next Thursday we all agreed to take a picture will announce it again Tuesday but we're gonna tell you to do that fifteen minutes prior to the Senate session at twelve forty five so I hope that doesn't drop into your lunch too bad but we will do it on the steps in front of the Senate chamber. Next Thursday. We can. We can change it if it's a problem matic. We can we just didn't know yet I'll like today we ran so long and Senate without we do it as a set time so the photographer and stand there for an hour to have wait on the support and Senate such yeah I know I understand. What it what is the will of committee because I think we have the ability to change the photographer you wonder before the committee meeting or do you still want to try and do it just for session. Before the committee meeting okay where best does next Thursday I need to let you know also we had several pages worth of bills and with Emily and Cherise help yesterday we notified every legislator who had bill senator is mine you at a bunch of them and we've laid out a calendar that doesn't go live for Tuesday is a full calendar next Thursday's a full calendar and the Tuesday after that it started to fill in but if we can get through the next two or three will get caught back up because we haven't dealt with very many bills on this committee until today today's the first full slate we got through the entire session so bear with us we're gonna Tromp party having the next week or so and get caught back up anything