City, County & Local Affairs Committee - Senate

Eighteen fifty nine yes Sir okay. Right to gavel. Steve Kroll District three senator. Michelle all good mentally Ms offer welcome all right Sir you're recognized pursued your bill this is just a just a removes inconsistent language with the Amendment seventy eight that was codified it allows the series to redevelop the bonds in the issue for twenty five year lifespan what it does is they could. X. DO another bout bond at the original time frame while they're trying to build. These districts are used for economic development it specifically required that this baby in a blighted areas so an area we're looking for improvement and essentially at this allows developers to utilize the tax incremental that results in increase an ad valorem taxes because the property is improved. And if we have a large project with multiple phases the current restrictions and the law prohibit maybe that second or third phase of development. All right members or an explanation of the bill are there any questions from committee. All right. See no questions or anybody Senate speak for against this. Bossiney body circle you're recognized close your bill I'm closing Preciado good vote thank you all right members centers closer is build a motion and a motion second all in favor say aye. Those regulations senate bill passes thank you. All right next up Senator Penzo. Senator you're gonna be running the house bill seventeen eighty four okay. The inner self will be recognized proceed with your bill. Thank you Mr that House Bill. Seventeen eighty four the purpose of this bill is to ensure the rights of Arkansas's medical marijuana patients and care givers are protected by removing any ambiguity about their lawful right to obtain a license to carry a concealed handgun this bill instructs the state police not consider persons status as a qualifying patient or caregiver participating states medical marijuana programs and prohibits the Department of Health from disclosing the identity of medical marijuana card patient to the state police for the purpose of facilitating a background check for the issuance of a concealed Kerry license. Previously due to uncertainty with federal law Arkansas state police did not extend the protections written into Amendment ninety eight which states that no patient should have any right or privilege infringed upon on the basis of their patient status no the federal government has just issued guidance that echoes the law's intent and also says gun rights should not be restricted based on a person having a medical marijuana card. No other prescription medications including open opioids disqualifies anyone from having an SEC a license. Medical marijuana patients should not be an exemption. The Arkansas state police didn't oppose this bill on the house side bill insurers otherwise qualified our Kansans have the right to obtain a concealed Kerry license regardless of their medical marijuana patients tax. All right members you for an explanation of the bill are there any questions the committee. Art Senator Rice you're recognized for a question Sir. I don't know. That you. That certainly dated but those that have a. MEM card Are there any restrictions on driving. The I don't know that there are see I see a lot to go ahead check no use of this would just be consistent. With the other state licenses. Thanks. Thank you Senator Rice Senator Rapert you're recognized for a question. I think I think. There's a a form. That's filled out for these licenses and there's a federal. A federal form doesn't say. That you have to agree that you're not on a. One of the at the drugs listed as federally legal that some ill discussed on how to as the Arkansas citizens of with that. I'm not aware of that okay. Search local question. Penzo is there. Penalty for if you're driving and. Well I mean that's a totally different situation if you're if you're do you I mean it could be any. Any drug or alcohol the this is not listed in that anything is that involves in the same room if you're not using while you're driving. I mean you know it's like you know in your. If you have a prescription for hydrocodone and says do not operate heavy machinery or vehicles I mean yeah so I mean it's it's This didn't change. Anything. Okay. Senator Ricky you're recognized for a question. Thank you Mr chairman. Senator know that a lot of our laws or fashion around the idea that. If you commit a crime while in possession or while under the influence or these different things affect sentencing that affect how prosecution takes place. How will this affect law enforcement prosecutors ability to. Prosecute crimes that are committed with handguns. If they're under the influence of medical marijuana I don't think it impacted all this this just says they can have their concealed carry license if they break any state laws are still in violation it wouldn't give any protections okay thank you. Thank you senator all right members are there any more questions from the committee. All right to say no more questions we have an by Senate speak for against this don't see anybody with that Senator you're recognized close your bill close from bill Nye's for good vote all right like a motion and a motion second all in favor say aye. Posted. Graduations your bill passes thank you Committee. All right. Senator Bryant you got something you're gonna run for the take up that house bill seventy nine nine and there's in there members or first thing we're going to do is here the amendment. Senate tax. Some of the most. Yeah. All right. Introduce yourself and your guest will be recognized proceed with the event thank you Mr Joshua Bryant state Senate district thirty two. Chamar Baker owner cricket farms all right all right center if you don't mind just kind of briefly walking members for them in here the The Amendment was a agreed upon language to the is fully owned utility companies they just wanna make sure some of their interests were protected okay all right members of our destination and it's not a motion to adopt. Our motion second all in favor say aye. Posed our management Dr all right center you're recognized proceed with the bill thank you thank you committee is the this bill is amended it just provides guidance for growing industry. The most common concerns they have is is owning laws so as as businesses come in and start. To operate they wanna make sure is that local zoning laws don't increase which therefore would cause them to have to Cease operations or change how they do business so. Famous a state guidelines with the utility providers because cryptos is obviously something that's got some power consumption that goes along with it and it's better off to all their taxes in US currency this is just more about the business side of the of of crypto but the reason the. Here what's your name again. Okay we can laws because this is something that really impacts the crypto world and crypto is is an active business I have great interest here in Arkansas so elected him for him to share his testimony on the all right. Morning thank you I'll be very brief so what this bill is aiming to do is protect our industries investment once we are already established in the locality Bill prevent rules from changing that would push us out of the location once our investments are are fully realized what this does not do or is not intended to do is to restrict municipalities or For the power companies to otherwise manager industrial and commercial policy and promoting the industries that you think are best for your community this is only one four there once our investments have been made in more operating we're asking that the rules state the way that they are thank you. Senator Rapert you're recognized for a question. Thank you can you give me an example of this is guidance for future industry growth is needing Arkansas to protect our Kansans from fraudulent business practices could you give me that. Example. I didn't hear that super well can you please repeat okay Page two. line three it says to protect from fraudulent business practices can you give me an example. Of. So I unfortunately do not have the language in front of me So to answer so anyway to get a copy of your correct. Page two line three. Okay So you were at large of cryptocurrency of course involves quite a bit more than just the industrial aspect of it which is about ninety percent of what I do is business there are many forms with the technologies within the blockchain that are new and emerging and may require additional an additional look in the future as these technologies emerge and become more prevalent in the economy I believe this is just a reference to that to the knowledge that the technology is changing and that definitions need to keep up with that. We would. With this restrict companies that somebody Dean fraudulent and we don't have any we don't have a definition of fraud like we all know what it is but Board matter I'm just it's not it's not just the protection. Please legislation For certain people but prefer to actually protect from fraudulent center. Wycherley the. I would say. And in the context of what so it's not codified is is that. Two cameras point this as we have this industry gross I mean every issue has bad actors but that we just need to keep up with time and not not restrict this business from. Using emergent that a emerging technologies. Okay thank you. Thank you Senator are there any more questions from committee Senator Solomon you're recognized for a question. I already know the answer to it but just for the record there were some people that had some issues with the bill and those issues of often work out and this amendment brought that to the point that everybody's in agreement as far as you know as CS centers far as I know it got brought to our attention late in the afternoon and we work till after ten o'clock to get the amendment approved for all parties great thank you thank you thank you senator. All right members or any more questions for the committee. Our cinema questions at three by Senator speak for against this camera you're down there you're recognized all right Senator. Sir. Could I speak with bills or ordered and this one. Okay record yes we don't want. Representative bill introduce yourself if you're recognized speak for the bill. More committee representative Rick McClure I've been involved with the this industry not personally but as an economic developer for a little over a year now local level. And all the questions that you're asking the same questions that were asked by mayors county judges or court mentor members the city council people and just Committee on the Journal. Three is a lot of worrying isn't the way it is the discriminatory part that you were talking about the intention is not just this industry but any particular industry if they are in compliance with zoning laws it's a I. one I. two zoning or commercial if that industries in their in their compliance under compliance with all state laws. It just prevents a mechanism for any industry to be separated out this act we just don't want them and go back to rezone it retroactively. Thank you do whatever they want to vote for him but not retroactively if they love to come in so this is this is a guiding bill for a growing industry and I think we've got everybody's questions answered hopefully and I would I'm happy to answer any questions you might have for me. Are there any questions Senator Ricky recognized for a question the insurance. Resentment Clore. I I like and I appreciate this bill my only question is. Why are we singling out this specific industry would it be better to make this applicable to any business we want to make sure that can't go back and look at the wording but I think the potential of tension of the original wording wasn't any businesses like that like you say that is not to do that. Do you think it's any business I'm I'm asking well I don't have the bill in front of it but I think that's what the intent of it was not discriminate actions against any particular business. Okay. Just adding digital asset money to the head of anything to be including digital assets okay thank you. Thank you senator. All right members are your questions. All right similar questions Senator Rapert you're recognized close your bill I'm close I moved to pass a motion to pass Secretary key all in favor say aye. Post resolution sister your bill pass. All right. System to key I think you're going to be running house bill seventeen fifty okay. The force. All right members again during house bill seventeen fifty. I recognized you're recognized and in addition cell for guests to be recognized receive your bill Mickey state Senate six thank you Mr chairman this is simple bill it simply believe clarifies What employee of. For the department of corrections certain employees and certain parts of their property which those employees will be able to carry weapons and I've got our secretary corrections and a fancy lawyer to explain any fancy questions we have all right Jonathan does yourself in here where they be recognized to. Good morning secretary to appropriate department of corrections thank you. The branch that the general counsel department of corrections thank you German thank you for being here all right members or any questions. Our Senator Stubblefield you're recognized for a question. You're not what parts of the property does this include. Mr chairman senator this would include all parts of the property so this includes everything yes Sir absent the secure confines of a president will obviously would take weapons check. Right earlier questions members. Privacy no further questions to having by side speak for against those anybody Senator Kira as closed Senate excellent you have a question. Is that okay Senator direct exposure bill thing Richard I'm close I make a motion for do pass all right got a motion second center right all in favor say aye opposed congratulations your bill passes. All right Sir so when did you get with Seventy seven seventeen seventy seven. Okay we'll run that. All rights centrosomes in their in house bill seventeen seventy seven members. All right introduce yourself Senator you're recognized procedure senator Dan Sullivan district twenty so this bill is very specific to West Memphis for the full ten a museum they're getting ready to start construction over there and the only change this if you look on page two Line one owned by museum as defined in and lists that so they're wanting to annex of St next to them that borders that museum in order to start building that out pretty simple process of support of the city and I think everybody in northeast Arkansas. All right members you are an explanation of the bill are there any questions from committee. All right to say no questions or advice and speak for against this did not see anybody Senator Solomon you're recognized to close for your bill our clothes make a do pass motion and a motion the second all in favor say aye. Post graduate senate bill passes. All right is there any further business to come before this committee god willing and the creek don't rise over the last hour meeting. All right this. There before we do members would want to thank the incredible dedication of our staff here you know I talked to ray yesterday afternoon and talked to set this meeting up for ten AM this morning and I got a call about nine thirty last night moving at eight AM and I think that's about just kind of like you know the the the mood of the session if you will so the Director incredible job so members of the joint meeting just thanking them for their hard work. That we are adjourned thank you. Rectory nine is what will be allowed to be sold in the state of Arkansas we reached out to all stake holders and trying to. Work with all of them to make sure that we had language that fit all of them we did put an amendment to to help the manufacturers and they're they're lobbyist had had some concerns with it and so we drafted an amendment and allow them if they're in the process of the registration with FDA sometimes the application will be returned us multiple times during that period and they were concerned about being removed from the directory just because application have been returned for additional information and so we answer them that's not the case as long as it has not been denied they will continue to be able to sell their product in the state of Arkansas. So I think we've we've met all the needs of the the stakeholders. All right members of center brightness of crystal. I would. What what role did the small businesses of the small bait shops I know little guys don't organize and able to afford lobbyists like big tobacco or. Or agencies and so up all the emails that have been getting come from all over our state from the the long standing debate shops and. Just different shops to sell these products are geared toward selling these adults so did you did you include those in your discussions for the directory issue and all their concerns. What we did of the Arkansas of the manufacturers that they're lobbyist we did we we reached out to them to reach out all the lobbyist have not talked to individual store owners and that sort of thing. This. May I follow up to your question maybe for more more fully answer I did engage with a couple of and and the the feedback that I got was they have no problems with the the child proofing I mean one of the things that I didn't mention was was the child resistant packaging they had no problem with that they have no problem with the the other you can't you know you can't target to children their main concern was the directory which is being driven as much by the the federal FDA requirements and and and ensuring that we have a safe products for those that do have that another concern that I heard was from the small shops was that they're not gonna have products to to sell in the only that there there's several of these that are in the works in surrounding states the only one that has it in place currently an active is Alabama they have over eighteen hundred of these products still on the shelf. Senator Solomon Senator Stubblefield. My concern the same thing here we are at the end of the session and this is a bill is going to affect a lot of businesses in my community I've got an email from them and I think your description is accurate but they're really concerned about the directory and. Yeah I'm gonna have a hard time supporting it. Given what I'm hearing from my small businesses and my concern over government regulations and government directories and here we are right at the end of the session so how come we didn't see this earlier where we had a chance to debate this more than right here the last the. Well what we have been working on for quite some time trying to meet the needs of the stakeholders we we've been working on it since the beginning of the session we've had several meetings and and then we we did run into some opposition and and drafted an amendment to that trying to meet the needs of everyone. Yeah and I get that I understand you've been working out for a while the fact that I'm just hearing it is not an indicator that you have been or what what I'm hearing from this many small business owners late in the session about their concerns over government directory those are assure those concerned for the also give me confidence that their concerns over the directory are not valid. Okay as far as the Director grows I think that's a tool that they can use the FDA requires them to to of fly with them for approval anyway so we're not putting any extra mandate on them we're just taking that list that's been approved or is in process of being approved and publishing it to to help people know which ones can be sold in which ones came so why are they against. I mean that's that's all I got the same may be proud all got the same emails that they just say we don't like we're okay with all the the things we just don't like the directory and if and I understand that you worked with them and come up with what you believe is the best compromise you can yet they still oppose it why None of them I reached out to me to indicate why they are okay fair enough I do not know that thank you thank you senator Senator Stubblefield as for questions. My concern to the same I've got a number of small businesses. They will all go out of business. Felter and so these are coming. And and take over. They had a pretty compelling argument from last the point. And I have trouble supporting as well. Okay. The one that I engage with or one of the ones I engage with felt like there were other solutions but they're also talking about limiting the the selling of a products are limiting the amount of nicotine in their products and and and they're basically push the push back was to the federal and the federal the comment on this particular one is federal regulations are always changing and have no place in Arkansas so I think that to Greg's point this is really. The push back is on the product as if much as it is the directory from the the conversation is around the directory and those products are are are well defined at the federal FCA level that they have to comply with to begin with. In a five man. The real point of this is to protect our youth and right now you've got product coming from China and from everywhere else it's being sold here it will limit those products ones that are running things above board I don't see where we will limit them. All right we will we've all heard stories about kids getting having to all spittle from getting sick to school and that sort of thing this will help with that matter. All right thank you Sir senator Mickey. I share the same thank you Mister and I share the same concerns my concern mainly is at the end of the session. None of these people are getting an opportunity to have their voices heard on this issue. And I understand you've been working on it for awhile but this is very new to us it seems like a. a bill that. Takes in a lot right covers a lot of ground and we're not able to hear any public testimony on right now is my concern. All right center branch of question. A quick one. I'll save it for a discussion discussion if there's a motion. Okay are we do that so I Senate speak against this bill Mr Stubbs scouts stubs Mrs I'm sorry. Scalp what book marker names. All right if introduce yourself and tell us here with the recognized percent remarks. Hi scout studies I own trippers vape shop we manufacture and retail vapor products across the state of Arkansas. I realize it's late in the session but I share the same concerns it's just the directory. We we have no problems We've had worked with Greg about getting an amendment added and I had twelve hours to do that when it was filed last week and then the next day went to committee and so it was kind of a rush to get an amendment in there that was palatable I went back to my association is just a group of us across Arkansas and it was something that after I talked to a shop in Alabama and saw the letter from RJ Reynolds pulling their shop It really made us change our mind so that's why I'm here today to speak against the bill I just have a couple things I'd like to say if you showed me a little bit of latitude To address the fact that Alabama has eighteen hundred products registered when I register with the FDA for my P. M. TA I have two thousand sixty five individual products just for my store just for my flavors so if that gives you some perspective of what they consider a product I'm still hoping to reach a compromise by leaving in all of the marketing and advertising packaging restrictions but leaving out anything to do with the federal government this is a bill that will severely damage my member stores businesses I really want to first address what we want to accomplish with this bill and if that is getting illegal products out of the stores the federal government's already doing that it's a long and arduous process that I'm going through right now and I don't think the burden should be on the stage preempt that if the FDA rejects a product and chooses to enforce that action in the product will be gone out of not just Arkansas that the entire United States the FDA has already a force against those that have not registered and have not filed the PM TA by the deadline they have chosen not to enforce. they have chosen not to enforce against manufacturers that still have their P. and G. A.'s under review or even those that have been denied. Why would the state be obligated to enforce something the FDA has chosen not to enforce the only entity enforcing in Alabama who just passed something similar is not there state tobacco control it's R. J. Reynolds sending cease and desist letters to small shops that tells me all I need to know about this bill another thing that concerns me is the fact that we are placing the responsibility of reporting and paying fees to the state on the out of state manufacturers we're small market for them compared to other states realistically those manufacturers will just not do it if every state passed a similar bills and that's fifty thousand dollars they're just paying in fees to keep their products legal that so far the federal government regards as legal that takes half the products off my member store's shelves even if they pay the initial directory see them half of them want report and negative action by the FDA and then you're back to spending more man hours and tax dollars depending on already burdened state agencies determining if they are in fact legitimate the penalties for not reporting are so high that most manufacturers will choose not to be a part of Arkansas businesses for fear of simple errors in reporting my member stores help people quit smoking we do not need to limit the options for legal adult smokers to quit to further the to further hinder our small businesses another part of the bill that will hinder small business is that fines are now placed on the small business owner say tomorrow a brand of the liquid is issued in India they report at that's a marketing did not order a report the MTO to the state and the state takes it out of the directory. Is the shop owner supposed to check the directory every day week or month and hope that the inventory they just bought is not on that list according to this bill the manufacturer is also responsible for a one thousand dollar day fine for each product on the shelf at the store that they do not own motion ops order through an out of state distributor and not directly from the manufacturer so how is the manufacturer supposed to ensure the store they have never talked to is carrying their product or not the whole sellers face a similar predicament this is overly burdensome to every single link in the commerce chain and it will kill especially the small businesses if this bill is supposed to curfews vaping which is at its lowest it's ever been in years then let's talk about a bill that limits these products to twenty one and up establishments all the concerns we have with face being confiscated and school will drop by ninety five percent if this bill is about the safety and health of our Kansans then let's talk about a bill that limits the amount of nicotine that should be available in these products Michael is a shop owner is to gradually drop your nicotine from twelve milligram to zero Bella Graham over a course of time the goal of big tobacco who is the only one that has ever had FDA approval of a vapor product is to keep people addicted their nicotine is at fifty milligrams per milliliter and my highest is at twelve this bill is a gift to big tobacco by preempting the federal government from doing their job and slowly deciding how they want to handle vapor products like mine big tobacco wants to sweep aside and pave the way for only approve products which not any safer than mine they just have teams of lawyers to navigate the regulatory maze that is the PM TA I play by the rules I jump through their hoops it has been the single most difficult thing I have ever had to do in my life and I'm home schooling two kids under ten while running five stores. This bill is just making more red tape and legal burdens on not only me as a manufacturer but all the stores in Arkansas who are just trying to get people off cigarettes. It's already hard enough when the FDA rules are always changing so surely ever changing federal regulations have no place in our state regulations over half of the E. liquid manufacturers in the US are going to the refiling process while staying on the market as the FDA has not enforced against anyone that has gone through the process of initially filing there are court cases against the FDA and they're PM to process not to mention the Reagan Udall foundation report that found the PMG a process extremely troubling due to a quote lack of Adams license yes this is a review like this bill get ready to not go anywhere it's going to pull down so if you. Or is it a wrap this I appreciate this I know this your livelihood support your family puts food on the table I respect that but I think you're going to get ready what you want so if we can think Senator Pitsch I have a question. Okay yes if you could he is correct a sentiment text and and said that that we're gonna listen and and pull it back and and listen to your concerns address those. Can you specifically tell me as a as a co sponsor on this what one or two items thank you for your concern are with the directory because I I have I understand what you're saying and and and you sound like you've got some good ideas my interest is in protecting the children and and and then secondarily the Arkansas specifically in the directory just very very brief one or two sentences what is the biggest concern because that's what I keep hearing that the concern is what in the directory the entire directory the entirety of subchapter two is problematic it's just gives ammunition to big tobacco to come into small businesses and believe them out of business simply products off shelves I don't feel like federal regulations of any place. In Arkansas regulations so subchapter to if that was gone and we stayed with protecting the children by utilizing child proof packaging taking cartoons off labels I love those ideas those are great ideas removing IP theft from packaging I see a lot of that going on I feel like this bill with just those things alone is still going to accomplish all the things that you want to accomplish in the title of the bill is about protecting the health and the use of Arkansas and I don't feel like the directory is accomplishing any of that okay thank you in and just so I know does big tobacco coming into the are they selling them the product or how how did they believe them they're sending a cease and desist letters I actually have a copy of a gives you tobacco have the authority to do that I don't know do they have the authority to do that they're utilizing this bill day works to lobby to pass this bill in Alabama okay because it benefits them this is another way to take out the small vape shop I'm I'm a competitor to them and gas stations cutters in the negotiations of back and forth there and those are the two questions that I wanted and with that I am going to pull this bill back and again my apologies for being out there on the phone whenever I thought there were the list is going to be much longer so with that I'll pull it back all right thank you senator Patty all right members he's pulling the bill down seeing no further business to come before this committee going once going twice we are adjourned.