City, County & Local Affairs Committee - Senate
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Bills discussed (13)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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HB1067
Act 487
· 2 mentions in chapter, agenda
Matched: “HB1067 Andrews TO MODIFY THE LAW CONCERNING RESIDENCY REQUIREMENTS…”
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TO MODIFY THE LAW CONCERNING RESIDENCY REQUIREMENTS FOR CERTAIN FIREFIGHTERS. | Andrews | Notification that HB1067 is now Act 487 |
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HB1572
Act 551
· 2 mentions in agenda, chapter
Matched: “AGENDA (Revised 4/4/2023 @ 8:20 AM) Added HB 1572, HB 1703, HB 1589. Removed SB 414 Senate Committee on City,…”
|
TO PROHIBIT CERTAIN TYPES OF LOCAL REGULATION OF UNDERGROUND GAS STORAGE FACILITIES, FUEL RETAILERS, AND … | Hawk | Notification that HB1572 is now Act 551 |
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HB1589
· 2 mentions in chapter, agenda
Matched: “HB1589 J. Richardson TO AMEND THE SLAW CONCERNING ALCOHOLIC BEVERA…”
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TO AMEND THE LAW CONCERNING ALCOHOLIC BEVERAGES; AND TO REPEAL THE LIMITATION ON THE ISSUANCE … | J. Richardson | Died in Senate Committee at Sine Die adjournment. |
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HB1636
Act 555
· 2 mentions in agenda, chapter
Matched: “…N PAYMENTS RELATED TO CERTAIN LEASED OR PURCHASED PROPERTY. HB1636 McClure TO AUTHORIZE REVENUE BONDS TO BE ISSUED FOR A WATER…”
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TO AUTHORIZE REVENUE BONDS TO BE ISSUED FOR A WATER SYSTEM, SEWER SYSTEM, OR COMBINED … | McClure | Notification that HB1636 is now Act 555 |
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HB1641
Act 524
· 2 mentions in chapter, agenda
Matched: “HB1641 Beaty Jr. TO AMEND THE LAW GOVERNING PAYMENTS IN LIEU OF AD…”
|
TO AMEND THE LAW GOVERNING PAYMENTS IN LIEU OF AD VALOREM TAXES; AND TO PROVIDE … | Beaty Jr. | Notification that HB1641 is now Act 524 |
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HB1703
Act 529
· 2 mentions in chapter, agenda
Matched: “HB1703 Andrews TO AMEND THE LAW CONCERNING LEAVE TIME FOR DEPUTY S…”
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TO AMEND THE LAW CONCERNING LEAVE TIME FOR DEPUTY SHERIFFS, MUNICIPAL POLICE OFFICERS, AND FIREFIGHTERS; … | Andrews | Notification that HB1703 is now Act 529 |
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HB1714
Act 747
· 2 mentions in chapter, agenda
Matched: “HB1714 Perry TO AMEND THE LAW REGARDING ALCOHOLIC BEVERAGES; TO AM…”
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TO AMEND THE LAW REGARDING ALCOHOLIC BEVERAGES; TO AMEND THE LAW CONCERNING CERTAIN PERMITS; AND … | Perry | Notification that HB1714 is now Act 747 |
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SB523
Act 882
· 2 mentions in chapter, agenda
Matched: “SB523 C. Tucker TO AMEND THE LAW CONCERNING ALCOHOLIC BEVERAGES;…”
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TO AMEND THE LAW CONCERNING ALCOHOLIC BEVERAGES; AND TO AMEND THE LAW CONCERNING THE EXPANSION … | C. Tucker | Notification that SB523 is now Act 882 |
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SB547
Act 884
· 2 mentions in chapter, agenda
Matched: “SB547 Hester TO PERMIT A PROPERTY OWNER TO CHOOSE THE MUNICIPAL D…”
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TO PERMIT A PROPERTY OWNER TO CHOOSE THE MUNICIPAL DEVELOPMENT REGULATIONS FOR CERTAIN PROPERTY THAT … | Hester | Notification that SB547 is now Act 884 |
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SB284
· 1 mention in agenda
Matched: “…WHOLESALER PERMITS. DEFERRED BILLS Number Sponsor Subtitle SB284 J. English TO AMEND THE LAW REGARDING ALCOHOLIC BEVERAGES;…”
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TO AMEND THE LAW REGARDING ALCOHOLIC BEVERAGES; AND TO REPEAL THE DELIVERY OF ALCOHOLIC BEVERAGES. | J. English | Sine Die adjournment |
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SB411
· 1 mention in agenda
Matched: “…R AND SEWER SYSTEM FOR WHICH A RECEIVER HAS BEEN APPOINTED. SB411 Irvin TO AMEND THE DEFINITION OF "BEER" TO CHANGE THE ALLOW…”
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TO AMEND THE DEFINITION OF "BEER" TO CHANGE THE ALLOWABLE ALCOHOLIC CONTENT AND TO INCLUDE … | Irvin | Sine Die adjournment |
|
SB414
Act 769
· 1 mention in agenda
Matched: “…/4/2023 @ 8:20 AM) Added HB 1572, HB 1703, HB 1589. Removed SB 414 Senate Committee on City, County, and Local Affairs Tuesday…”
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TO AMEND THE REGIONAL AIRPORT ACT; AND TO CREATE A PROCEDURE FOR ANNEXATION AND DETACHMENT. | J. Petty | Notification that SB414 is now Act 769 |
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SB487
· 1 mention in agenda
Matched: “…AINER SIZE OF BEER TO BE SOLD FOR OFF-PREMISES CONSUMPTION. SB487 J. Bryant TO AMEND THE LAW REGARDING ALCOHOLIC BEVERAGES; T…”
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TO AMEND THE LAW REGARDING ALCOHOLIC BEVERAGES; TO AUTHORIZE THE THIRD-PARTY DELIVERY OF ALCOHOLIC BEVERAGES … | J. Bryant | Sine Die adjournment |
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We will start with you since you're in the room hello if you don't mind let Senator Hester just. Senator Hester. Local city county local. If you'll introduce yourself and to be recognised receive your bill you're gonna be running Senate bill five forty seven I tried all right forecasters say senator district thirty three. Members yep and then it for this I do have an amendment yes Melissa pass the thanks to
former senator covid full for I have an amendment on this. Members of the The Amendment it just says you know if we're gonna if we're gonna do with this bill says you have to provide property no no notice to property owners which is which is standard procedure in any type of you know development or any time of change. And that we just neglected to put it in there and it was
clearly appropriate whenever it is brought to my attention from Senator fall for. All right members you for an explanation of the amendment on a motion to adopt a motion the second all in favor say aye. Posed. But in the Senate but opted Senator Hester you're recognized received your bill as amended eight members of this could happen anywhere particularly in an area like Northwest Arkansas we're we got a lot of fast growth in a lot of cities intertwine so the problem that we're trying to fix here is when a developer buys a forty acre
tract sixty or eighty acres and twenty acres in one city and sixty acres and the other what you end up with is having to deal with two different two different planning commissions to different city councils two different inspections if you can't get one to be an act someone to annex right and what we find is that's going to continue to difficult problems no city wants to give up land. So what I originally wanted to do this bill it there's a particular issue Northwest Arkansas I hear about it about
once a year but there's one going on in case Springs in Springdale right now we've got this problem and so the original bill I want to do is just say that Hey I want to give the property owner the right to be an extra whoever he your committee picked the other one system is fully and I will say the understanding that that this is a real issue sometimes they they worked with me really really well they were unwilling to do what I wanted but we came to what I feel like is a very reasonable compromise and that is what I'm going to ask someone
to D. and acts for many lands. We're just going to allow that property owner to pick which planning he wants to work through so if you got Springdale and in this particular instance it Springdale case brings in the county so someone's got to do with all three different plantings all three different inspections in those types of things approvals it just allows you to say Hey if I've got three and I want to pick you know Springdale that I can deal with them or I can speak with case brings I can deal with them so it's not something that's going to happen routinely but I can tell you as there's a lot of L. Northwest Arkansas
this is probably an annual problem that I hear about somewhere and usually we can find some solution to work through it this just kind of sets a process it just says you know this is this is how this is the solution NO city loses Leding no city loses tax revenue just it just helps that available for push for I'm happy to answer any questions all right members or any questions from the committee. R. I. see no questions or
anybody signed up to speak for against this bill say body us up Senator Hammer you're recognized for a question thank you thank you Senator Hester taking question I'm just curious about so when it comes to on large tracts of land like that when it comes to water run offered things that might create liabilities. Is it up to the to governing bodies to work out as far as when you hire somebody that's going to be the engineer to do that is to become the engineer's responsibility to get harmonization so there's no
harm no foul kind of stuff if there it's always the the engineer's responsibility and you can't increase work run all right certainly not overtime on on neighbors and that that's kind of a baseline regardless of what of what city that you're on and certainly as a property owner if you do create a negative for all you know what we call like downhill okay you're ultimately responsible for that okay I'm I'm just saying the situation here locally that that's why thank you that that is a always problem.
Thank you thank you Senator hammer Senate you're recognized for a question. The Richard thanks Senator Hester how to utilities work with this. So the utilities we continue to work with with it within the city that that's provided for them so whatever city they're located in the that's right to continue to be provided by the so you may end up with a scenario where you've got water and sewer services from one city on half the development you know if it's a housing development and water Sir on the other side from another city provided this just terms development
regulation this is the alternative yeah. Thanks in okay all right members or any more questions I'm surprised. Thank you senator thank you chairman so if you if a single single owner if you bought ten acres five. Fite was in one municipality by was in another. And you you wanted to build on five oh one side but you don't five another could you could you choose the other one. Because they have different different ways to do business or
if you have to pick up for that with the majority or house is located no I think I thank you I think we used to work like I can find it here substantial property so I think that that's kind of an ambiguous word right but I think we all can understand substantial sometimes it's ninety ten what the requirement would be fifty fifty I would still say that substantial but I think if you've got five acres somewhere and twenty five acres somewhere else maybe that's not a good argument that it's not substantially you can't pick a
five acre site you have to pick the the the majority of the substantial. All right centers of the divorced okay recognized for a question of. Senator Hester is any push back against this is a. I have not heard any state we spent you know weeks in this because I have in the forefront of idea working with the Municipal League you know like they they they scrapped my original plan and they came back I had a conference call with some with some engineers and some people to municipally and
we kind of came to these terms and I think the deal is this may not be that the very best solution but we do is we have a real problem and we're trying to find a solution to that and if this works out really well great and if we need to tweak in the year two we we will think knowledge when is it it's a real problem and we're trying to find a solution to. All right the request for members all right senator questions does he buy Senate speak for against this bill Senator Hester you're recognized closure bill members I'm close for the bill and sometimes we deal with stuff that's not real
current today problem this is create a good vote. Got a motion and a second all in favor say aye. Opposed resolution center your bill passes. As amended. Our center we're gonna skip over you will quickly enter the running house bill fifteen seventy two all right. All right the internet yourself
maybe recognized perceive your bill thank you Mr chair Senator Missy Irvin district twenty four and presenting left the house bill twelve fifteen seventy two I have fifteen seventy two is a simple bill as I think that we would probably all recognize that transportation fuel is critical infrastructure whether it starts from a pipeline at the beginning of where that infrastructure exists all the way down to the gas stations and what this bill does is it prevents any local men municipality from passing an
ordinance banning gas station to be built and this is happened actually unfortunately in cities in California and is spreading to the north west of the city of Tampa also try to pass an ordinance that and that precipitated the state of Florida to step in and pass this legislation as well as the state of Alabama and so that is the. The simple nature of the bill I think consumers need to have a choice as to what they're going to utilize the what cars are going to drive.
All right members of her explanation the bill or any questions for the committee. All right see no questions. Senate body signed up to speak for against this bill saying that Senator Irvin you're recognized close your bill thank you I'm close to appreciate to get that answer is closed I have a motion and a. The second second all in favor say aye. Opposed congratulations your bill passes. All right next up representative
injuries of the two bills are gonna run for we'll start with house bill ten sixty seven and then he'll be you can run house bill seventeen oh three. Members press start with house bill ten sixty seven in representative your internet yourself and folks with you and your within the recognized perceive your bill. Thank Mister representative waiting Andrews District not House District ninety eight. Severing water represent the Arkansas professional firefighters.
Joko full with the Little Rock firefighters welcome right out here today reserve energy grasp Cedarville thing Mr thank you Committee hot house bill ten sixty seven what's bill does. Changes the long Red Sea requirements so that's full time department if it's apartment with full time firefighters paid District says you cannot put in a reservoir mix that reserve part is basically saying you have to live within city or county or certain radius of the
city or the areas of jurisdiction there's exceptions for this if it's a combination parchment such as one that he's volunteer and full time paid firefighters there's mother exemptions here for if you have a taken vehicles or something like that. A pretty simple bill Deliver you want to live and work for you want to work and the I'll close my guess talking this more.
Yes there so Mr I'm I'm from elder radio and over the course of my two twenty year career we we had a living restriction we found that it causes a lot of difficulty in recruitment and retention where I live in Eldoret over union counties for the largest counties lamb lies there's lots of unincorporated areas right outside of Union County where there are no paid fire departments and so there are a lot of guys and and and women there that want to work for a paid fire department but there weren't any local a lot situations that they live on the family land or farm they can't sell that land to move into the city so we're missing out on a lot of opportunities to to bring these people in we we know that it's hard these
days to try to find workers sometimes I read article recently where it shows that fire department crews down about fifty percent of the last ten years and what we want to do is be able to cast a larger net to try to to bring as many firefighters we can address staff are are apparatus. Thank you Sir I work on the Little Rock fire department I've been on the department about twenty three years I live in one of those areas he spoke about unincorporated part of the state the House my wife grew up in and
I also serve as the chair of the commission for the volunteer department for that area so if this was to happen and we could get this bill passed it would prevent residency requirements for about fifty percent of our volunteer department it would protect our staffing about half of our firefighters and our volunteer department live in live in the area but work and little rock band camp Robinson
all around the area as paid firefighters and the other thing the one the concerns that that was raised about this maybe the need for a residency requirement was what if we had a disaster what we need to call back well as everyone knows we had a major tornado that went right through the middle of Little Rock and within an hour and a half ounce we had fifty off duty firefighters show that lived in ward.
And Prattsville shared an all around where if they would have with we would have to residency requirement they could have been affected and unable to respond the department's preparing for mend or call back and they didn't have to do it because we had people that live in these areas that are going to come back and help something like that happens so I think that concern is. If you're in the service if if you're in this profession you're going to come back and help no matter where you live and help the community living it's about place he said the the more you
want to live and work where you want to work. Thank you thank you Sir all right members are questions from committee all right the start senator Hammer and senator selling. Must be known. Okay yes jim if you alter my solid down there we got a thank does not. Thank you. I just wanna make sure I'm not misunderstanding anything
because this bill if you live in Benton which I've got fireman live in bed and they work for little rock fire department what this is going to do is make sure the City of Little Rock could pass something that would say you have to live in the city a little rock if you're gonna work for the Little Rock part of our that the nuts and bolts of the yes okay and there is a clause in there that protects your brothers and protects people who are already employed as well okay and then it and then I think about side bar local law enforcement because a lot of different law enforcement
agencies live down in it is this only affects fire departments right I'm just saying the standards are set in that they're allowed to do it somewhere so I appreciate the bill and create service you guys give thank you think Senator Hammer serves all. Thank you Mr from sympathetic to what the city's water due to control that but I guess if you live out of the city you don't get a vote within the city as to whether those they can force you
to live in there so you're kind of squeezed out both ways I guess Arjun so what I'm question these wouldn't do this but I guess and I wish I could give them the authority but you don't have a voice and and that that squeezes out of things like okay thank you thank you Senator Solomon certainty for question Mr on other current cities that have these residency requirements that will be affected by this.
Before as I said we had one any other rate until January of this year and we did a little research and what I found was there were a couple that had living restrictions that involve vehicles to take on vehicle usually within so many miles of the city and Texarkana did have a living restriction but they haven't enforced in over ten years because so many of their employees moved to Texas and so they decided they tried to enforce it they'd be in a bind so at this time just Texarkana and one city that has a vehicle restriction that I know about.
Read as follows. It looks like there's quite a few exceptions in here for when they can yes impose residency requirement yes okay thank you thank you Senator all right members or any more questions the Committee. All right see no more questions would you have somebody signed up to speak against this Mr Wilkerson welcome to the table. I'll be very brief a John Wilkerson accounts of municipal
league certainly right right of an address or residence requirement I will address one part of this that we're we're probably most concerned with of course local control we always preach about of course but when it comes to public safety that's been the number one ability that we've been given by the state as we liked of course maintain our ability to control the deal would deal with public safety the way we we deem fit these resins requirements are not really happening and when they do bears to the fire firefighters and now the radio the city realize it is not a good idea gets rid of it so I think that shows a local trial works I will to their credit kind of very quick personal
story I was out my old neighborhood in Little Rock was devastated by tornadoes I went out there Saturday morning I was fortunate to fall in with Matthew Stallings and his fellow firefighters to help the the the clean up effort in that neighborhood so will I will they are correct about that the main problem over that we have with the bill is a lack of any preference we the city can't even have a preference in a firefighter live in the city I'm not talking about a residency requirement that even a preference to live in the city and I think that's one thing that we really appreciate having the control of that we could prefer a firefighter live in the city maybe not blanket across the board but this would prevent us from even preferring a
firefighter live in the city so with that I did the municipal extent maintains our opposition this bill thank you for some questions from committee Senator Stubblefield as in Committee. Is there is there any cities that. Give a resident a requirement give the the locals a chance to vote I mean these guys.
Chance to vote is there any other states that do that what I want yeah I think the question the point by Senator Solomon probably don't have a right to devoting it right but with that said they do I mean my understanding of when these two get talked about these residence requirements firefighters are obviously know about and are able to speak on the issue at city council meetings that's that's the their ability to speak on the issue but now there is no you're correct there's no there's no now I release I can't imagine it would be I have never heard of one.
Thank you Mr Keating your question. Mr chairman of those. My notice the exceptions allows municipal fire departments to impose these if they use from reading it correctly if these full time paid firefighters and volunteer firefighters if it's just a volunteer fire department or uses part time paid firefighters and firefighters. Who are paid to speak correct so that not allow a lot of municipalities to go ahead and
act these are absolutely the vast majority of a department drive which is a vast majority but the majority departments or volunteer to paid by call it would affect the folds fully full time departments that's correct so Fay Advil Fort Smith I'm sure there's more they can tell me that there's probably a within twenty five or thirty they're fully full time just my guess okay Senate thank you all right Senator Hammer is recognized for a question thank
you for sharing do you know it within the law if the city is able to give preferred hiring status to a potential employee if they do live in the city. Or is there anything that prohibits them from giving preferred hiring status to somebody that applies for a position and lives in the city in this bill that Justin takeover bill outside right now if Little Rock part part want to hire somebody they got to get equally qualified candidates one lives in Faulkner County one
lives inside the City of Little Rock is there anything that prohibits them from giving that job to the one that lives inside a little rock B. because they prefer to hire from within the pool that lives within the look I don't believe so under current law now that and that's what this would change would prevent us from having that ability to prefer some of in the city. How would how would this law change that preferred I mean how would this law change. Them having the ability to say we'd rather pick Tom because he lives in Little Rock verses Joe
who lives in Faulkner County yes on page two of the bill nine six three nine it says that for the purpose of hiring a municipal fire department may give preference to a person applying to be a firefighter who is a resident of this state or a county adjacent to the county in which the municipal fire department is located so the way I read that if it's the the laws outlining when we can prefer or what locations we can preferring the only the only locations we can for for our does live in this state because I raise that issue last on the house side made made that change we appreciate or preferred it the the firefighter is from a county that is adjacent to the county so I I look at Little Rock as an
example where I couldn't per for if this bill passes Little Rock would be able to preferred or firefighters either live in the city of little rock for Pulaski County and so I read that is that permission to do to have preference for state and adjacent counties means that you can't have a preference otherwise. With the word may not address at five but I think that's what that's the permission it saying we legislature give you permission to give preference to
someone in the state or someone that's in an adjacent County it does not give us the permission to prefer someone in the city or in the county in which the city is. Okay I'm not sure interpret that way but that's the end of the debate shall okay thank you thank you senator Senator Solomon referred questions so we're just past the big bill in the Senate and the house last night getting rid of preferential treatment. And now we're about to pass a bill that says we're going to give preferential treatment. Can you help me reconcile the two.
If you're for preferential treatment then you can have whatever preferences you want if you can pass on but if we're going to save fair and equal treatment equal employment cross the board it seems like people to restrict that goes against the. but I hope we'll pass today in the house it may be so but again with the way our interpret that subsection B. is it gives that preference I would say unequally just a give that preference to adjacent counties get preference not inside the county get preference
I get to get some to struggling with people going to get rid of preferences entity references thank you. Thank you senator all right members or any more questions for the committee C. nine Mr president Senator comic you. Reservations or come back a period clothes for your bill. Mr thank committees just couple things follow up with what Mr Wilson said you know as someone
who's also firefighter life of the. A farmer was gonna hire whose whose most qualified candidates the if they live the city great they don't live in the city great you know the party Ricky probation period you learn streets you learn the community you learn where but what the community is where the communities you serve you you learn that and no other job out there really requires you to live in a certain area and I don't think fighting fire should
as well so with that I'm closing up for good vote all right members represents close for the bill dot a motion for committee. Got a motion Senator Hammer is second second Sir Stubblefield all in favor say aye. Opposed gradualist represent enters real passes thank you all right when a member's run to go up to house bill seventeen oh three
representive Andrews if you want to get yourself one more time if you're recognized perceive your bill. And Get your guest to introduce themselves over time as well thank you Sir I represent what enters district houses ninety eight. Joko FOR with the Little Rock firefighters association. Set three more with the Arkansas professional firefighters
association good to have you all back representive recognized perceive your bill so house bill seventeen oh three no they're pretty simple straightforward bill House approaching this issue along your firefighters to serve dual roles deal serving informed to pay to capacities as the the the firefighters of law enforcement this a like a but also in reserve component military like National Guard or owners or
stairs or something that example a lot of lawyer departments were given special firefighter and about a hundred twenty hours for military leave and that's really not enough when you count up all the real time they have to do so and so they're even into personal vacation time and I don't think you ought to be good interpersonal vacation time when you're serving our country and community into class cities so it's bill does this increase
it from five hundred twenty to one sixty eight. Analysts bankers to years I naturally like Senator so does this for firefighters the one talking to people there civility fire fires you better include law enforcement as well so we got everyone covered in this bill With that anything. Yes thank you senator is the
reason this bill came to pass as in some that we've worked on in Little Rock As firefighters we work a fifty six hour work week we work at twenty four on forty eight off scheduled for a forty eight on ninety six all schedule so we have one point four times seven hours per week per year so what this does is it equates to one point four times what the federal law requires federal law requires a hundred twenty hours of time all for military leave
purposes that for your typical forty hour week worker that works Monday through Friday eight hour day job a lot of that drill time is on the weekends and they don't have to use that time before when it creeps into their duty days Monday through Friday with our schedule we work. Two out of three weekends either Saturday or Sunday and we worked extra hours So what it does is it just makes it equitable big it doesn't give
us any more time the three weeks that are required by federal law it just makes it equitable for us because we work more hours per week. All right. questions to the committee. I see no more questions see by Senator speak for against this bill up there Stubblefield. So what you're saying is you given preferential treatment.
To the far post. Yes Sir okay that's all one of. There are. Saluki recognized for a question the western. Do we run the risk here of Providing a disincentive to hire individuals that participate in
military service for these positions by granting them more leave. Other thing not locally the fire services a paramilitary organization and one of our biggest recruitment pools is former military guys that the military they look at police and fire and one of the things that may keep them from doing this law those guys want to get on the guard or reserves they realize they're going to burn their own time and so I think it may be actually a recruitment tool. Okay thank you. All right party more questions
the committee. Is there someone recognized for a question yet or often disagree with my. A colleague that here on preferential treatment but would you say this is that uh compensation for work. Yes if you're compensated for what your work hours are then that's not preferential is just compensation. yes Sir I believe it's just makes it equitable because of
the amount of hours were required to work in a standard work week is fifty six as opposed for a medical. You're being compensated for hiding for that's what we're doing that for me okay thank you. Thank you senator all right members anymore questions. Five seven nine I'll send my son to speak for against this bill represent injuries you're
recognized to close for your bill I'm closed pretty good vote all right members represents close first build a motion. The motion for committee. Our motion from senator Mickey. Second Sir Stubblefield all in favor please say aye. Opposed. Resolution center representative
your bill passes thank you the Committee all right. Here. Representative Perry. Got you on that Sir. Members who can be running house bill seventeen fourteen. Representative bill introduce yourself if you're recognized perceive your bill thank you Mr chairman committee Mark Perry representative districts sixty six I've got a house bill seventeen fourteen which is
brought the by actually it's a constituent and Senator hills district. And It's in a dry county. That are actually to the. Dr township in a wake county but it's a the law to amend. To allow a micro distillery to make wine to sell to wholesale only no retail sales from the premises you'll be strictly wholesale only.
And that's it. All right members you for an explanation of the bill are there any questions from the committee. All right to say no questions. I don't see anybody signed up to speak. For against this bill saying that representative you're recognized close your bill thank you Mr chairman the people that we have been at this for is the local distributors they in the local retail outlets and they're
all on board. And because he's not gonna have any retail sales for from on site so with that I'll close Capri should give a. All right members. I have a motion the second all in favor please say aye. Posted by regulation representative bill passes thank you thank you committee. All right.
The everybody else in here to run a bill. Okay okay give me Richmond. And you're gonna Fifty nine yeah. Morning committee Jay Richardson state Rep for District forty nine Fort Smith. Today I'm bringing you guys House Bill fifteen eighty nine this was brought to me by some people in my community who
wanted distribution of the Holland family that owns bill point we've talked about we've been talking back and forth to those guys for awhile and this basically just gives a business an opportunity to grow currently in twenty thirteen there was legislation that was passed that prohibited any additional licenses to be given in the state right now there's only fifteen licenses in the state out of the fifteen ten are active so. The challenge was is. In in our situation we had an individual is trying to obtain a license to grow the business and the price that was quoted to them was half a million dollars for license well it didn't make a lot of sense for you know a local business to put that much
into a license so they couldn't do it but this will allow some of the local distributors to to grow their business other portfolios and get rid of the monopoly that's currently intact here in the state. All right members or an explanation bill or the questions from committee Senator Hammer you're recognized for a question thank you Mr chairman the. By doing this just who does it open it up to if I understand this bill right. It would open it up to where
other permission. Would be able to be made available to correct correct okay and are there permits that are currently available now. That are not being utilized or would this open it up to an unlimited number of permits that would be made available to whoever so correct there are some that are aren't being utilized that are dormant this would allow individuals to go and see permits there is no cap to it but they would still have to follow ABC rules and regulations to be approved as a wholesaler okay and do you know
how many permits are dormant right now five five shall we would be opening up to just a total of five mortars at the tangible it would be at the discretion of A. B. C. and who who would qualify for those wholesale permit those a little more involved in a regular liquor license permit okay and anybody in state out of state whoever whoever makes qualification whoever has the money would be able to apply for one the permits yes this is that
correct yes Sir okay Senator Hammer I think we've got some of maybe see here we got my director here we to be able we often from the table sure I got one of the questions of okay there My hope you wanna come on up to every go ahead with our next question and thank you there's not Senate sponsor of the bill you identify the Senate sponsors procured on the floor I've asked must must Senate sponsor to carry my Senate due
to carry it on the floor okay Mr board center board thank you. Michael Lewis ABC. All right I was told Dyess make sure the quiz question comes up that need to chime in on certain key you're recognized for a question. The chairman president Richardson would you say that the.
the state has artificially inflated the price of those licenses by limiting the number. I don't know if it's the state has done that but individuals who have licenses that are dormitory for absolutely free to charge whatever they want to. So this bill might open up the yes Sir allow. innovation and yeah absolutely specifically I'm sorry no no that's so specifically and in the area for the guys that I'm talking about this gives a a district whose been in business for over seventy years to do more of and still continue to grow their business and area they've that they've not had an opportunity to grow in full for
this A. B. C. currently have. Rules promulgated in order to issue new permits yes we if this was repealed we can begin issuing permits we receive exceptional applications You may not receive a lot of applications now with the current set up but do you perceive the large influx of applications a lot of questions around the. I can't really get a I do anticipate getting some
applications the the the number of which we received I can't really speculate on that is there any way to tell those applications would mostly come from in state or out of state individuals right now we do have one out of state a group that is interested in obtaining a wholesale liquor permit. Thank you thank you Senator Sir someone the firm correct I think this bill creating the restriction happened in twenty thirteen Senator Jeremy Hutchinson ram that bill were there any.
Problems prior to that the causes that you're aware of not that I'm aware of okay for this bill created a new restriction correct when there were no restricted no problem but it created a new restriction you're trying to open it back up correct thank you. Thank you senator all right members or any more questions from the committee. All right of center supporter recognized for a question. But who is sponsored. I don't have a Senate sponsor
but senator Boyd will carried on the board yes Sir. All rights anymore questions the committee going once or twice all right we do as much presented speak So does my side against this Robbie Vogel your vote will be wanna come on up.
If you introduce yourself and just us here whether it be recognized procedure marks. Hi committee chair thank you for allowing me to speak on this matter. In two thousand and they're looking at it would you introduce yourself and the just here with yes my name's Robbie Vogel I am the founder of Arkansas wine and spirits wholesale LLC. All right now you're recognized thank you. In two thousand thirteen we learned that there were gonna be no more permits issued from wholesale standpoint so my wife
and I applied to the ABC process along with several other wholesalers in the beer world that's where. I do most of my business. We anticipated that there would be. No issues as a result of applying we received the permit the permit fees for a maximum wholesale permit are ten thousand a year. We paid those fees for several years by law we developed a business plan. We went out to suppliers and started soliciting to represent their. Rants. It took us the better part of the last decade to get a portfolio together that allows us to break even.
This bill that representative Richardson is proposing one do all the efforts that we have made so far as wholesalers of wine and spirits. The laws are different for wine and spirits. Brand rights are appointed for a state not a local. Geography so let's say Jack Daniels comes into this state they have to appoint one wholesaler. That wholesaler has the right sizes brands for the entire state. Just by representative Richardson's bill allowing more applicants to apply for the wholesale permit does not mean that a new permittee will get brands what it does mean is
there is a ton of unknowns that are about to happen in our state. The biggest issue in the biggest unknown is there is no cap on the number of permittees who can apply for this so I would venture to say that many Arkansas residents who have. Applied follow the rules of the permits required brand rights invested in people capital paid. Great salaries to these individuals will be undermined by multi state operators. Who currently cannot come to Arkansas for one main reason which is a residency requirement. There is a bill house bill seventeen sixteen by Cavenaugh and sponsored in the Senate by.
Jane English that will remove the residency requirement. For permittee's in the state of Arkansas I believe the first order of action for our state would be to allow that bill to pass. That allows in state or cans and to put their time energy effort money into their investments to allow out of state opportunities to come in acquire them then I think this bill that represent representative Richardson is proposing is something that for next session can be opened up for the. State to allow multistate operators to come into the State. I do fear and nobody's come and
ask me to buy my permit or by my entity that owns the that is the applicant for the permit. But I do feel that our investment is way more than the number he quoted a five hundred thousand into our business that if this bill passes we will not have a long runway for our business will have to change directions there's so many unknowns that are gonna happen there's a result of this bill I'm asking please to wait on this past this H. B. seventeen sixty from Cavenaugh allow the out of state residents to come into the state of Arkansas let's see how the business landscape. Plays out and then next session allow this residence it right allow this bill to pass so I'm
free to take questions and I appreciate your time. All right members or any questions the committee. See okay Michael combat. Michael Lewis ABC Sir hammer ask pertinent questions thank you Mr we're we're charging these folks ten thousand dollars annually for that permit yes Sir why such a high price tag on that permit I'm not sure that's what it's just always been set since I've been here.
If this bill goes through and we open up which if I understand what we do it would open up then for other permits to be issued there's not a there's not a cap on the number of permits that would be available is that correct that's correct so are you going to would we continue to charge ten thousand dollars permit for all those caps coming in or what how to what we would do on negotiating that number down because I'm saying that he's paid me years you pay the ten thousand dollar permit yeah.
Ten. So if if we do this we take it off. And we opened it up our what's what's the guarantee that the new ones coming in or going to have to pay ten thousand what if we come back and lower that later I'm just trying to think of the standard of fairness toward the shell is paid ten thousand dollars a year for ten years versus somebody coming in get the permit and how do we know that ten thousand going to remain locked in. We're doing right now that set by statute so as long as it's set that way it's locked in
until you all determined to change it okay. Thank you. Thank you Sir Hammer if I made to address that question a little bit further. The wholesale maximum permit which we have allows us to sell. Unlimited amount of cases there is a hole so minimum permit that allows. Wholesalers to sell less than twenty thousand cases. The host amendment permit allows exactly the sale of twenty thousand cases with nine leaders contained in the case. So my **** would be if we can't arrive at a compromise then
maybe allow the minimum wholesale permits to be open back up. There is ninety five plus percent of the business done by two wholesalers in this state so we've had to climb up bill for the better part of a decade trying to acquire brands acquire opportunities get sales staff get vehicles during a pandemic and you know go out to market to retailers to. Get ninety five percent of their product.
From two wholesalers and correct me if I'm wrong director but you cannot get a hold a retail package store permit either right now. Unless the council goes well. All right. Senator Rice you're recognized for a question. Richmond Richardson sticker on some things This is house bill fifteen
eighty nine if this was an important why are we waiting to right to the end of the session I'm sorry I can't hear you. If this was that important why are we waiting right to the end of the session. actually had it a few weeks ago and was working with my constituents back in Fort Smith I was set to run it prior to going to spring break an act was asked to hold it to speak to some of the people who had issue with the bill so I held a four week and came back after that that's when you're in.
Right RT more questions of the committee Senator Ricky. German president Richard Richardson I think I would be more comfortable with this. If we had maybe a little bit more comprehensive look at. Protecting Arkansas businesses. possibly to the exclusion of large retailers. that could come in and cannibalize the market.
Would you be amenable to. Looking at that well I will tell you right now one of the larger issue is that we have is not from Arkansas but they're they're one of the largest ones that are here I think this the one when brands are mentioned earlier those brands a locked into those distributors so if the if with any additional permits that we come in. Specifically for the guys I'm
talking about these more boutique small local guys that these guys are trying to distribute so I. I think the way it is right now with the current cost that it is to purchase a permit which add some little barrier to entry I I'm I'm good with the way it is now. Right. RT more questions for the committee. All right center for questions representative region you're
recognized for your bill I'm close from a bill senator all right members represents closures build a motion to committee. Service center your bill dies like a motion. Our. I'll go back you have a motion. A motion. The second. Sarva Senator pulled as for like a second thank you yes.
All right next up represent a clear. Been patiently waiting. Representive record district twenty nine and you're gonna be running the house bill sixteen thirty six yes hopefully this will be very simple for you this is a localized issue in hot spring county is also represented by Senator Clark the representative you don't mind I'm sold take a point personal privilege ask our former colleagues David Johnson cut to
the table. The honorable David Johnson you might not need it but I just wanna say a lot of anyway. We may need him in the second you never know I can say he billed me out a few things a couple years ago. Sir Johnson welcome back we're happy Ceasar. Thank you Mr chairman David Johnson general counsel at Central Arkansas Water correct all right representive you're recognized for C.. Unfortunately a few years ago we had a city and a water supply
company go bankrupt or county. The bankruptcy judge to the water company and put it in receivership which that is Central Arkansas Water the system serves about seven hundred fifty residential customers about forty seven business customers this business customers are some of the largest employers and accountable little over six hundred employees we knew the water system had been in disrepair for a number of years but it was worse than what any of us anticipated Senator water is been doing a
great job and repairing everything but we've exhausted all the different grants available funds will go a long ways to go that's what this bill does that allows the bankruptcy judge the opportunity to allow them to proceed with a bond issue when such cases where these are in a bankruptcy there's wasn't any mechanism that. All right members you for an explanation of the bill or any questions the committee.
See the questions I don't have anybody signed up to speak for against this Senate representative you're recognized closure bill I appreciate your help we need a good safe water system and are County thank you. All right. I have a motion our motion sir Mickey. The second Senator Hammer all in favor say aye. Opposed reckless represent thank you Mr chair thank you Committee thank you David always good to see a few them back again thank you.
All right Senator Solomon are you gonna be. Right and Senate bill five twenty three for Senator Tucker. All right members Sir someone's gonna be taken up Senate bill five twenty three and I think it is amendment on that yeah The Amendment handout. Senator Dan Sullivan district twenty. Senator I gotta say I never thought I'd live to see the day we'd be carrying bills for Senator Tucker in committee.
Never heard of I feel too few times to say another. But your has one word to shake. All right did you know I'm always for good legislation one hundred percent. One of the few things are good for Senator all right members you got a copy of the amendment Senator just wanna. Briefly explain when we when
Senator Tucker ran the bill I question what the definition of a bar was and it was undefined and we're going to give a consideration to an undefined entity so what the With this amendment does is define what are is. And it simply says that bars anything is not a restaurant and ABC is okay with that definition anything inside a restaurant that gets a permit so ABC is okay with this I'm okay with that mask give a.
Motion to pass for the resolution for the amendment at the proper time not all right for a whole so out questions from committee. I see no questions I don't have anybody signed up to speak for against this bill is saying that Senator sold or closed have a motion and a motion. Upskill thank you thank you the. A second all in favor on the documents say aye.
Hi opposed all right now security that we've already discussed this bill and without any questions. Hi Nitish FOR any questions the committee. All right to say no questions don't have anybody Senate speak for against this Senator Solomon you're recognized close your bill closed as for do pass I got a motion circumcenter McKee all in favor say aye opposed resolution center and you'll notify senator Clark going to pass this bill he's we certainly will.
All right Senator Riceville take the chair I'm going to take up house bill sixteen forty one. German ask when the day with the counties to join me Senator Scott Flippo district twenty three. When the French association of Arkansas counties.
thank you Mr president thank you senator house bill sixteen forty one sixteen forty one yes Sir. Three to what the state chamber of commerce as well as Nucor steel it's a very simple build dealing with pilot agreements which are payment in lieu of taxes it just says that a business that enters into a pilot agreement will give a description of the property to the county assessor the
collector will bill the business for the upgrade to amount that is in their agreement and then the treasurer will be the one that distributes that money to the taxing entities it's just to streamline the administrative process for these pilot agreements and in no way changes in existing politiker months. Questions from members. Sing a question is we don't have anybody signed up to speak for against.
If not are you ready to close close rob bill and I make a motion to pass. Motion to pass second second loan favor of house bill sixteen forty one say aye. Opposed congratulations bill passes thanks chairman thank you may. Centerville mort bill passed.
All right let's see here. Anybody else in here to run the. All right. Send over president conference committee we are adjourned.
Agenda
CALL TO ORDER
SB523 C. Tucker TO AMEND THE LAW CONCERNING ALCOHOLIC BEVERAGES; AND TO AMEND THE LAW CONCERNING THE EXPANSION OF OUTDOOR DINING AT RESTAURANTS TO INCLUDE BARS.
REGULAR AGENDA
SB547 Hester TO PERMIT A PROPERTY OWNER TO CHOOSE THE MUNICIPAL DEVELOPMENT REGULATIONS FOR CERTAIN PROPERTY THAT IS LOCATED WITHIN MORE THAN ONE MUNICIPALITY.
HB1067 Andrews TO MODIFY THE LAW CONCERNING RESIDENCY REQUIREMENTS FOR CERTAIN FIREFIGHTERS.
HB1714 Perry TO AMEND THE LAW REGARDING ALCOHOLIC BEVERAGES; TO AMEND THE LAW CONCERNING CERTAIN PERMITS; AND TO AUTHORIZE THE ISSUANCE OF A PERMIT TO CERTAIN DISTILLERS, MANUFACTURERS, OR SMALL FARM WINERIES IN A DRY AREA.
HB1641 Beaty Jr. TO AMEND THE LAW GOVERNING PAYMENTS IN LIEU OF AD VALOREM TAXES; AND TO PROVIDE FOR THE BILLING AND COLLECTION OF CERTAIN PAYMENTS RELATED TO CERTAIN LEASED OR PURCHASED PROPERTY.
HB1636 McClure TO AUTHORIZE REVENUE BONDS TO BE ISSUED FOR A WATER SYSTEM, SEWER SYSTEM, OR COMBINED WATER AND SEWER SYSTEM FOR WHICH A RECEIVER HAS BEEN APPOINTED.
HB1572 Hawk TO PROHIBIT CERTAIN TYPES OF LOCAL REGULATION OF UNDERGROUND GAS STORAGE FACILITIES, FUEL RETAILERS, AND RELATED TRANSPORTATION INFRASTRUCTURE.
HB1703 Andrews TO AMEND THE LAW CONCERNING LEAVE TIME FOR DEPUTY SHERIFFS, MUNICIPAL POLICE OFFICERS, AND FIREFIGHTERS; AND TO ADD MILITARY LEAVE FOR FULL-TIME DEPUTY SHERIFFS, MUNICIPAL POLICE OFFICERS, AND FIREFIGHTERS.
HB1589 J. Richardson TO AMEND THE SLAW CONCERNING ALCOHOLIC BEVERAGES; AND TO REPEAL THE LIMITATION ON THE ISSUANCE OF WHOLESALER PERMITS.
RE-REFERRED TO COMMITTEE
Adjourn
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE AND HOUSE, Apr 4, 2023 | Agenda | 2 | Official source ↗ |