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Summary of AAC legislative package

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NACo News Updates

NACo News Updates

Association offers overview of the issues it plans to present to state legislature.

Our member associations and your liaisons at the Association of Arkansas Counties (AAC) have been hard at work crafting proposed legislation for the 91st General Assembly. As you are aware, the session begins in January 2017, and bills are already being prefiled. Our legislative package of bills has proceeded through two committees of your peers — both the AAC legislative committee and the AAC board of directors under the skilled hand and experienced leadership of AAC Legislative Chair Debbie Wise. Both committees have approved the following bills for inclusion in our legislative package, and we are ready to transition from the work of assimilating bills to the efforts of pursuing passage by the legislature and ultimately signature from the governor.

The county legislative package has historically been approved almost in full without many questions. This is because all of you have had a voice in what issues concern your respective offices and because counties generally look for pragmatic solutions that make sense. Countless hours and days have gone into turning conceptual ideas into actual legislative drafts, and this past year has been an incredible exercise for your respected association leadership. I want to thank you for all the hard work you’ve put into improving county government. We encourage you to be a part of the process as we work with the 91st General Assembly to educate the legislature on our ideas to make our level of government even more effective. Our legislative bills are summarized as follows::

General

Continuing education boards (Amendments of ACA § 14-15-811 and § 14-15-1001)

The treasurers and county collectors will pursue a change to their respective continuing education board membership as they propose going from the current six members to a board of 10 members.

Record retention (Amendments to various code sections proposed by multiple member associations)

Several member associations submitted drafts concerning record-retention modernization and clarifications and these legislative changes have been included in one record-retention bill. This cumulative proposal further defines electronic and/or photographic versions of records and established in code the custodian’s ability to reproduce a durable medium for the original. It also describes a retention conversion-and-review schedule to be performed at least one time every four years to prevent the physical loss of data. The record retention bill also addresses juvenile records, dispatch reports and unused ballots. This piece of legislation also sets a default record retention schedule of three years after an audit by the Arkansas Legislative Audit or a private auditor for documents not explicitly stated in the statute.

County Judges

The County Judges Association of Arkansas (CJAA) voted to continue to pursue, support and educate the general assembly, governor and citizens on the dire need in Arkansas for four major complex and challenging areas of emphasis: behavioral health and crisis intervention diversion; prison and jail overcrowding; road and bridge funding; and 911 funding and efficiencies. Not all of the actual legislative drafting efforts in these areas are yet defined.

Behavioral health and crisis intervention diversion

• Crisis Intervention Training (CIT) in Arkansas; • Crisis Services in Arkansas; • Diversion of the mentally ill to treatment and away from being warehoused in county jails as default mental health facilities; • Appropriate level of in-jail services and telemedicine for behavioral health treatment of detainees in our jails in Arkansas; • The state and DHS to make necessary policy and budgetary changes to assure these vital services; • Local communities, local governments and stakeholders to combine resources and investments to support these vital resources; and • State and local funding, revenues and court costs or fees to support diversion of the mentally ill.

The Arkansas Sheriffs’ Association, CJAA and the Arkansas Association of Quorum Courts all have adopted resolutions supporting funding for crisis intervention training and regional crisis stabilization units.

Prison/jail overcrowding

The CJAA voted to engage and partner with state leadership and the governor to address a growing prison population that generally overflows into county jails hindering local law enforcement’s ability to utilize the jail as it was intended. The CJAA will further detail its recommendations and garner support for measures where deemed appropriate and warranted.

Road and bridge funding

The CJAA general membership also identified the following points concerning road and bridge funding that may warrant legislation: • The need for new/additional revenues for state and local bridges (new revenue, taxes or user fees; motor fuels taxes; or responsible general revenue transfers, etc.); • The annual county bridge and maintenance needs statewide in excess of $750 million; • The need to maintain the traditional revenue sharing under the 70-15-15 split (which has been supported by law since 1965 and recently in 2012 by the people under Amendment 91 of the Arkansas Constitution); • The need to maintain local control (which has been supported by the people under the Arkansas Constitution since 1874, Article 7, § 28; Amendment 55-County Government; Amendment 61-County Road Tax); and • The CJAA voted to reiterate their support for the interim

plan of the governor and general assembly regarding their discretion to use rainy day funds, surpluses and/or general improvement funds toward state highways for purposes to match $200 million in federal highway funds.

911 funding and efficiencies

The CJAA voted for the CJAA Executive Board to take the recommendations of the 911 Blue Ribbon Committee, the subcommittee and 911 coordinators and pursue along with other stakeholders additional legislation necessary for 911 funding and efficiencies.

The county judges also submitted two draft proposals focused on various unrelated specific items.

Landlocked clarifications bill (Amendment to various code sections)

This is an amendment to the law concerning procedures for access to certain real property. This proposal is to substitute the process and selection of three viewers with a surveyor (either the county surveyor or court-appointed surveyor). The proposal also includes a provision that the county court may in its discretion appoint a viewer to assist the court in determining damages and valuation of the subject property and the sum of just compensation. The bill also makes more explicit the duty of the petition or petitioner to demonstrate the status as landlocked.

Ethics — Property and commodities from county government officers and employees (Amendment of ACA § 14-14-1202)

This provision adds “commodities and real property” to the current guiding statute concerning purchases by a county from county government officers and employees due to unusual circumstances via local ordinance.

County Clerks

The county clerks have proposed three bills with the potential for a fourth in response to an attorney general’s opinion.

Running for multiple offices (Amendment of § 7-5-111)

The clerks’ first bill adds “district” and “township” office to ACA § 7-5-111; Candidacy for more than one elected office. Currently, a person shall not run for election for more than one state, county or municipal office if the elections are to be held on the same day. The clerks propose township and district offices to be included in this provision. Candidates who run for more than one office creates vacancies and costs taxpayers time and money in filling those vacancies.

L&A Testing for runoff elections (Amendment of § ACA 7-5-611)

County clerks seek to adjust logic and accuracy testing deadlines for runoff elections only. They must perform these public tests seven days prior to an election. This provision would allow a five-day prior to a runoff election deadline for this testing. Runoff election timing presents a quick turnaround period for preelection procedures. This bill would simply allow two more days to perform these tests before runoff elections only.

Elections in cities of the second class and vote centers (Amendment of ACA § 14-44-103)

The third county clerk association bill is aimed to clean up ACA § 14-44-103, which states cities of the second class shall have a voting precinct in each ward. It would be detrimental and conflicting for counties that have established vote centers to have to open precincts in every ward in a city of the second class.

Secrecy of the ballot (Potential amendment of ACA § 7-5-701)

The fourth potential bill for county clerks concerns precinct reporting and conflicts with the Arkansas Constitution Amendment 50, Article 2 that states all elections by the people should ensure the secrecy of individual votes. In certain circumstances, reporting election results by precinct pursuant to ACA § 7-5-701, could disclose individual votes in small precincts, especially when very few absentee ballots are cast in said precinct. Rep. Lanny Fite has requested an attorney general’s opinion on the matter. Clerks hope to identify language that would allow precinct reporting to be rolled into the next precinct when this situation occurs to protect the secrecy of individual votes.

Circuit Clerks

Juror Orientation Reimbursement (Amendment of ACA § 16-34-106)

This provision clarifies as long as funds are available the state shall reimburse a county for the cost of a one-day prospective juror orientation for any juror who is eligible for payment under ACA § 16-34-103(b)(2)… if the county makes a request.

County Sheriffs

Transportation of state inmates (Amendment of ACA § 12-27-113(d) and/or ACA § 16-93-705)

Several sheriffs have concerns that they continue to have to take community corrections inmates all over the state (and not to the nearest facility pursuant to Act 1171 of 2015; ACA § 16-93705 or ACA § 12-27-113(d)). Amendment of ACA § 16-93-705 regarding transport of community corrections inmates might be warranted. Likewise, amendment of ACA § 12-27-113(d) may be necessary to the extent inmates of community corrections are included in this section.

The Arkansas Sheriffs’ Association voted to continue to pursue and partner with leadership and citizens on the dire need in Arkansas to address two major complex and challenging areas of emphasis: Behavioral health and crisis intervention diversion; and prison and jail overcrowding. Actual legislative drafting efforts in these areas are not yet defined.

Behavioral health and crisis intervention diversion

(See county judges’ association areas of emphasis.)

Technical corrections (Amendment of ACA § 26-37-302(b))

There are still a few places in the code where it mentions Oct. 10 as the deadline for taxes instead of the Oct. 15. For example, ACA § 26-37-302(b) is proposed to read as follows: “The penalties and interest shall accrue beginning on October 16 in the year of delinquency.”

Mobile home registration (Amendment of ACA § 27-14-1602(a))

Collecting mobile home taxes can be a challenge. This proposed bill removes the permissive language from ACA § 27-141602 and mandates any owner of a mobile home to register it with the Office of Motor Vehicles.

Require current personal taxes to be paid at the time of the sale of real estate (Amendment of ACA § 26-35-601(c))

As the code reads now; any person, firm, partnership, or corporation selling real estate is required to pay any delinquent personal property taxes at the time of the transaction. This bill would amend ACA § 26-35-601 and also require the seller to pay the current personal taxes that would normally be due Oct. 15.

Treasurers

Facsimile signatures and digitized signatures (Amendment of ACA § 21-10-101, 102 and § 14-24-204)

This proposed bill further defines and would allow treasurers to utilize facsimile and/or computer-produced digitized signatures when the treasurer has established adequate internal administrative procedures and controls approved by Arkansas Legislative Audit Committee.

This provision more clearly defines “facsimile signature” meaning the manual signature of an authorized officer by saving electronically.

Commission exceptions (Amendment of ACA § 21-6-302)

This proposed bill aims to clarify that all exceptions to the county treasurer commission rule shall be set forth in this statute to be valid exceptions. It also states moneys deposited in the county treasurer’s automation fund may accumulate and are not subject to the distribution of excess commission. Additional items the treasurer handles that are added to the exceptions in this provision include: money collected from risk management services, federal or state grants and any funds the county treasurer is not statutorily or by ordinance authorized to handle. It also clarifies that all annual commissions not used for the operation of the county treasurer’s office except those commissions set aside in the county treasurer’s automation fund (up to 10 percent of the gross commission collected annually), shall be prorated to the appropriate entities as excess commission.

County fiscal year and accounting method (Amendment of ACA § 14-71-101)

This bill states counties shall use a modified accrual basis of accounting for audit purposes. A modified accrual basis of accounting is a system that recognizes revenues when they become available and measurable and recognizes expenditures when liabilities are incurred. Both revenues and expenditures will be accruable to the county fiscal year incurred by a county on or before year-end. Those that are not issued an accounts payable claim until the next year shall be posted to the prior-year appropriations journal when paid within the first two months of the new fiscal year.

Returns, school district coordinator clean up (Amendment of ACA § 26-36-209 and § 6-12-316)

This amendment strikes language addressing tax delinquent penalties in regards to counties with a functioning executive council and a full-time school district coordinator. Formerly, these moneys were split to county general and the county common school fund. Arkansas code allowing for the establishment of an executive council and school district coordinator was repealed by Act 1276 of 2015, and county school district coordinators no longer exist. Section 2 of this proposed bill also repeals the perimeters for the salary and operation of the office of school district coordinator.

Assessors

Definition of homestead (Amendment of ACA § 26-26-1122(a)(1)(B))

This proposed bill adds the below underlined language to the definition of a “homestead.” Homestead shall also include a dwelling owned by a revocable or irrevocable trust used as the principal place of residence of a person who formed the trust. This bill would simply add a property owned by an irrevocable trust as well. This was not clear before.

Qualifications and duties of county equalization boards (Amendment of ACA § 26- 27-302, 317)

This bill adds clarifying language that county equalization board members shall be qualified electors of the county and individuals who have owned real property in that county for at least one year. This bill also clarifies that EQ Boards should not have the authority to hear petitions protesting a tax-exempt status, and that such cases should go directly to the county court that has exclusive original jurisdiction over all county tax matters. It also includes that the county equalization board shall not have jurisdiction over the adjustment of the valuation of agricultural land, pastureland, or timberland derived by the guidelines and methods set forth by the Assessment Coordination Department pursuant to ACA § 26-26-407.

Defining “assessed value” (Amendment of ACA § 26-26-1122(a)(1))

This bill simply further defines “assessed value.” It aims to clarify the somewhat ambiguous term “assessed value” to clarify that for Arkansas Constitution Amendment 79 and all related statutory purposes, “assessed value” means 20 percent of the appraised value of the real property.

Equally and uniformly assess all personal property consigned to a merchant (Amendment of ACA § 26-26-1203(a))

This proposal puts all consignors on an equal playing field. Whether the property they consign is from in state or out of state, if a consignor possesses personal property with the authority to sell it, then they should assess the personal property as part of their business. Out-of-state property has heretofore been excluded in this valuation.

Ensuring the proper collection and disbursement of late assessment fees (Amendment of ACA § 26-26-201(d))

The law currently reads that the county assessor should utilize the 50-cent late assessment fee. In some counties, there is a fund set up for this money, but in many, it goes into county general and sometimes never makes its way back to the assessor’s office for its lawful purpose. This provision would mandate that the county set up an assessor’s late assessment fee fund to ensure that the money is being used for its lawful purpose.

Only one homestead credit per year (Amendment of ACA § 26-26-1118(b)(4))

ACA § 26-26-1118 currently reads that it would be possible for a homeowner to, in February, claim a homestead on his or her home, sell it, buy a new house, and then claim the homestead on the new house as well. However, ACA § 26-26-1119 follows by saying, “No property owner shall claim more than one homestead property tax credit for each year.” Adding this language to the end of ACA § 26-26-1118 will clarify that even under the previous circumstances, where two homestead credits may be eligible, a property owner can only claim one per year.

Actual and obvious error (Amendment of ACA § 26-28-111(c))

This provision stems from a case in which the court made a questionable ruling that it was an actual and obvious error for the assessor to not exempt a property owner for three years when they never applied for an exemption and voluntarily paid the taxes those years. This bill amends the law to state that when a property owner does not apply for a tax exemption for a particular year, it will not be an actual and obvious error worthy of a refund for the assessor to not exempt the taxes, even if it is later determined that the property would have been properly exempt had the owner applied for an exemption.

County coroner certification and salary bill (Amendment of ACA § 14-14-1212 and § 14-14-1210)

This bill authorizes a quorum court to fix by ordinance the annual salary of a certified coroner with the schedule of maximum salary provided under ACA § 14-14-1210(d). It states certifications of satisfactory participation and completion of medicolegal death investigation training for this statute to be provided from the Arkansas Commission on Law Enforcement Standards and Training or the American Board of Medicolegal Death Investigation.

Justices of the Peace

Concerning injuries to domesticated animals by dogs (Amendment of ACA § 20-19-102)

This bill removes justices of the peace from the role of judge in a dispute when Neighbor A’s dog injures or kills Neighbor B’s livestock and places such disputes in the proper jurisdiction in order to comply with Amendment 80 of the Arkansas Constitution.

Right of mechanics and artisans to sell property held for debt (Amendments of ACA § 18-45-101 & § 18-45-205)

This is a post-Amendment 55 clean up bill. The mechanics and artisans code sections were overlooked after Amendment 55 was passed, and justices of the peace still probably have unconstitutional judicial roles in the filing and processing of these liens. This bill would put this duty with the circuit courts where it belongs and in line with modern jurisdictions.

Control burns (Amendment of ACA § 14-16-117)

This amendment streamlines the application process for controlled burns in unincorporated areas of the county. Property owners will now apply to the county judge not the quorum court. The county judge and the fire department will ultimately approve or disapprove controlled burns in these areas.

Debbie Wise, Chair, Legislative Committee

The AAC policy team

Chris Villines, Executive Director

Mark Whitmore, Chief Legal Counsel

Josh Curtis, Governmental Affairs Director Lindsey Bailey, Legal Counsel

Eddie Jones, Consultant Wes Fowler, Consultant

Scott Perkins, Communications Director Christy L. Smith, Communications Coordinator

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