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Committee extends permissive virtual/hybrid meeting option for counties amid notice and verification questions

STATE AGENCIES & GOVT'L AFFAIRS-SENATE · January 28, 2021
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Summary

HB 1056 extends a permissive option allowing counties and quorum courts to hold virtual or hybrid public meetings when the governor declares a statewide emergency; committee passed the bill after testimony from county representatives and a public commenter who warned of remote-hearing issues for property owners filing appeals related to liens.

Senator Lance Eads presented HB 1056 — part of the Association of Arkansas Counties package — to extend a permissive authority (previously expired Dec. 31) that allows counties and other local bodies to hold virtual or hybrid public meetings when a statewide emergency exists. Sponsors said the language is permissive, not mandatory, and that the emergency clause provides continuity while counties adapt technology.

Senator Garner asked how the public would be notified and whether telephone-only participation undermines identity verification versus video. Lindsay French of the Association of Arkansas Counties said notice of the method for public attendance must be published with the open-meeting notice and counties have various options (Zoom links, written submissions, call-in lines). She said most counties now use Zoom-enabled platforms and that local practice may vary; the bill does not alter the General Assembly's own rules on chamber voting.

Paul Calvert testified in opposition, saying telephone-only hearings could harm property owners in city hearings where councils vote to impose liens that can be collected as delinquent taxes. Calvert said he had experienced liens he considered unlawfully imposed and referenced Arkansas code "8-6-406a3b" in arguing in-person hearings are critical for due process. Senator Ballenger acknowledged Calvert's concerns while noting the permissive option remains an inferior format for public participation but could be necessary during legitimate emergencies.

The committee recorded one no on the final voice vote but the bill passed.

The discussion focused on notice standards, methods to include public participation and the potential for reduced access or verification when meetings are audio-only.