City, County & Local Affairs Committee- House

without objection I would like to move Senate bill four oh two. to the top. Representative Paul you're recognized again by yourself for the record you may proceed. Thank you Mr chair at the invite District eighty seven this is a pretty simple bill all we're doing is moving back local control of these two positions that the governor was appointing back to the disk conservation districts so that they can vote on who they would like to represent them. And that's all the bill does Sir. Okay representative Dalby you're recognized thank you Mr chair at I didn't hear the last part of your explanation I mean you know sometimes were not paying attention maybe I don't know but I didn't hear the last part because I read this bill last night and it looked like to me that we were taking control away from associations or local government that local control of which were all real big I would back to them okay I actually is okay because I looked at that and I couldn't understand it so you you are absolutely sure that we're giving that control back to those association or counties or statements okay thank you. Representative right you're recognized for a question this is a question for the chair I'm I'm sorry I'm just pulling my gin up what what bill number we on sept. okay I was looking for representative blots name and didn't stay and that's why okay so my question for representative Vaught and I'm. Embarrassed that I don't know this but can you can you walk me through. what what a conservation district. What is that. What is that entity and what what is it what are its duties and responsibilities have secretary ward come answer that. Mister chair. Yes. I don't want to mess that up a representative for a please identify yourself for the record you make. Yes Sir westward from the Arkansas department of culture yes Sir so there there or for the conservation districts or seventy five and there's that exist throughout the state of Arkansas similar to the actual counties himself but I bet be able to implement a lot of a broad range of practices some for the federal government the USDA NRCS reform bill program some through the through the state for our natural resources division there programs so as store Klay we we've had a role in those conservation districts on the five member boards for each conservation districts of seventy five so two of those appointees would come to little rock for the appointment of theirs seats on the boards and as represent but mention this would give that local control back to those local entities to make their decisions on who should sit on those boards. Representative Dali. Thank you Mr chair represent vote I want to apologize I guess I'm getting old and it's Monday morning I was looking at four oh four not four oh two I'm good with for to so I wouldn't you agree thank you. Okay any other questions. What are the wishes of the committee. I have a motion do pass any discussion on the motion. Seeing none all in favor say aye those opposed say no. Graduations your pastor bill thank you Mr chair thank you Committee. UP next we got a Senate concurrent amendment house bill twelve oh seven. Right to a representative Richardson. Is presenting the bill. Thank you Mr president that so this the socially unifies Bill per the record if you would have representative Scott Richardson from district thirteen this bill is actually representative Underwood's bill that this committee has already voted on sent out to the Senate Senate this is just concurrence of an amendment down a couple of technical corrections for this bill one the left out a a revision from a previous amendment that is the the first one and the second one is adding a statement to to provide additional protections for the individual associated with denied applicants right if they are to comply so with that Happy take questions as much as I can. Is there any questions. Seeing none we have no one signed up to speak for against this bill. Your clothes for I'm current I would the close of the motion that would cover Senate amendment to house bill. Twelve oh seven. Okay. Okay you any discussion. Signos discussion all in favor say aye I am okay see no opposition your congratulations bill is passed. Are your amendment should I say. All right of moving right along will go to House Bill ten forty eight representative law. Identified. For the record you may proceed. Thank you Mr chairman of wine loans to representative district thirty nine. House bill ten forty eight this bill is not meant to be an attack on county judges in fact I got along really well with my county judge your bill two terms on the quorum court. This bill strictly a separation of powers bill. The currently the county judge Who is the executive branch of the the county government makes assignments to committees for the quorum court which is legislative branch he also makes the assignment of who's going to be the the chairman and vice chairman of the the committees of. Imagine if the the governor had the power to do that over the legislature we on. We basically would be your. Waiting to hear from the from the from the governor which committee that you like us to serve on who's going to service our chairman. To me this is just giving an undue amount of power to the executive branch over the legislative branch. Senator systems first of separation of powers. I'd be happy to try to answer any questions I might have. Committee any questions. Seeing none I have no one signed up to speak for against the bill jock okay we have someone signed up to speak. Please come to the table identify yourself. Please identify yourself for the record you may proceed not apologize I didn't have your name thank you that's all right my name is Jackie Martin I'm a justice of the peace on the quorum court in Cleburne County. And I'm here to speak for house bill ten forty eight I have served under three different county judges. Everyone of them has a different approach but some of the problem that I see is the executive branch over reach into the legislative branch at the local level. We have a county judges who try to control a vote on an issue by creating committees and stacking their favored JP's on that committee. So I see this bill as a way to restore federalism at the local level by allowing the quorum court just like the state legislature does to create their own committees and select their own members to that committee. Ninety. Thank you for your testimony mmhm. You're just. You're dismissed the thank. Hold. Just saying. Representative Dalby recognizes that question for you do you have a question question for the bill sponsor okay the bill sponsor. Okay go ahead. Thank you thank you Mr chair of represent long in a section to part B. it seems like when you add or the county quorum court you have just created some ambiguity in your bill because up at the front of your bill it says that. Appointment to the court what's the quorum court is going to approve these and then you get down to the bottom and shall consist not more of a quorum of the whole body without the consent of the county judge for the quorum court in so it you it there is an inconsistency appears to me in your bill so if you could please explain that inconsistency because what you've done in the first part of your bill looks like you're not fighting in the second part of your bill could you please address that thank you. Davis whenever Saddam I guess my part in the apartment drafter. It wasn't intended. Okay any other questions. Mr chairman also see if it would be okay if I pull my bill down and have that amended yeah I without objections you pull your bill down to accept. Thank you represent Arkansas. Okay next up for the house bill seventeen fifty nine representative Collins. You would please identify yourself for the record C.. Thank you Mr chairman all right with the chair could I have missed all group twenty after yes please. I mentor Collins under seven three this is Michelle all good Michelin's law firm so this bill it is designed to clarify something an ambiguity that's making it difficult for cities to use the redevelopment districts that we have in law. the redevelopment districts our economic development tool which allows cities to use tax increment financing to promote development in areas that are flooded or otherwise underdeveloped currently they expire with one of several triggers either no longer than twenty five years if there are no bonds outstanding no longer than forty years in any case or earlier if the municipality chooses to make it earlier however since this is bond funded projects typically you know you would do bonds that take that period maybe thirty years for maturity and the statute contemplates multiple series of bonds but after forty years you have this hard cut off and statute so really makes it impossible to do the multiple series of bonds so for the projects that are going to come in phases that bill it makes the financing difficult to use so all we're doing this bill is striking the forty year that cut off and then changing up part of the second pair is to say the Bonsall not mature repaired exceeding thirty years just clarify we're talking about normal entry carries a box this is just allows cities to use these in phase projects and I'm happy to take any questions and sells bond counsel Mitchell in social be able to answer any technical ones. Thank you committee if you have questions. Representative right you're recognized thank you Mr chairman represent Collins I guess what what happens when the forty years comes up to redevelopment district is it just Sort of abolished and then reconstituted Not sure what happy to me what happens in that instance initial incident. That's one of the reasons we need some clarification because it is somewhat unclear and especially if you have bonds outstanding and so normally what would happen if you have bonds outstanding under other Arkansas laws they would continue to remain outstanding in the revenues that are pledge to them would continue to be collected but here with this hard stop is raises some ambiguity and therefore means that no bonds would extend beyond that period which as represent representative Collins mention if you have a big project and people are being physically responsible and developing in stages then it impairs your ability to continue that progress so you may be able to do phase one and two but then because of the ambiguity in the law you would be able to do either plan faces beyond that okay how does a redevelopment district commended being is approved by the voters or housing created it is created by the city council of the the areas and typically at the request of the owners or the developer of that district okay thank you. Tell you the other questions. Seeing none Would you like to close for your bill sure I'm close for the bill we do pass. Motion to pass yes please okay all right any discussion on the motion. Seeing none all in favor say aye those opposed say no. Resolution shall pass the bill. UP next is house bill seventeen sixty four representative Wardlaw. You would identify yourself for the record you may proceed. Representative Jeff Wardlaw district ninety four thank you Mr chair of a pretty simple bill just says that if you have been misspelled AA cells water misspelled A. B. and they don't pay their bill that you can turn it off right now that is unclear I don't foresee any more miss polities actually turning off that water but I do see it being used as them being able to collect those water payments that are not being paid today I've to cities in my district one sells water to the other one the the water bill monthly's twenty eight hundred dollars or seventeen thousand five hundred some changed short right now on paying that water bill and every time they threaten to cut it off they walk in with all these lawyers and how they pay the lawyers bill paid a water bill and they claim of discrimination and all kinds of things and we end up having to leave the water on another time in where the real issue comes in on this as the city that's supplying water has to go up on our water rates to pay the electric bill to pay all the things to keep sending water down a water pipe or funds are not coming so this bill is just basically a tool in the toolbox or they can use it to finally collect the money that's the total on the funny thing it also is everybody's remember in this is city B. that's not paying city a is still collecting those water dues and legislative audit got a letter last week from prosecuting attorney because they're supposed to use all that money to pay for water ten percent all they have the ability to use outside of that and we know for a fact or using more than that so it goes a little deeper than that but it does kind of help settle feud and all Southeast Arkansas and I appreciate a good vote and be happy to answer any questions. Representative Holcomb you're recognized for a question yes of. Representative could I could I don't really know what's going on my concern is is is the people there with the whole what if the water is cut off I understand they should be paying our bill I don't know why they're not paying the may want to give a little idea but I'm concerned about that the Health bill without water that's that's a pretty serious issue big deal I think the ultimate thing that comes out of this and I've had some discussions with the Department is an actual merger of those systems so that city a within send the bills to city bees patriots up but I think they have to have some leverage in this is I work with the department over at Arkansas nature resources this is what we came out with to get us to that point was this bill so this is not something we threw together last minute we've been working last two months on some type of of results answer that we can get there In my old district in northern Dallas County we had some similar issues and now they were able to work it out with the merger in the and so I think that's the answer here is the is it becomes a total merger of the department and not a sale water to city B. but we we don't know that yet but like I said this it wasn't thrown together last minute there is some talks going on behind the scenes to get that resolved. Representative Dalby you're recognized thank you Mr chair at something you just said kind of piqued my interest as two of. I agree with representative Holcomb it appears that we're going to be punishing those individuals the patrons of that water district not to get water so my question is would not the better route have been that failure to pay a municipal B. and it be said statewide this will be failure to pay a water bill automatically triggers of a merger so that the individuals who are relying on that water aren't the ones that are heard and have you thought of that and and could you maybe address that. I can I don't know that I can address it and hardly but that was part of the discussion The patrons are never going to be without water okay If you look back a year ago this was talked about their and they came up and paid the bill but right now they have no leverage of getting them to the table to pay the bill because when they did it last time these lawyers showed up things happen now city council won't even take that vote but we're at a point where city a spus and have to raise their water rates significantly to keep the water system alive so they need some leverage to get these people to the table and the more we talk about it with a and R. C. this was the type of leverage they seem. And there was nothing on the books that allowed for that cut off to take place so that's where we're at and that's reason this bills were. It's a it's a leverage to. And I'm I'm not. I'm I'm just a. Rezar Wardlaw what I if if these people are paying their bill in in in water company be white ones their water company not paying aid for their water I mean at the what's what's the bill I mean they're the people they're doing their job with their they're collecting the money why aren't they paying one fifty in section a of is that this they're just not I mean it's a good question I have management what's going on I actually reached out to that city and they did not return my call last week okay so it's a good question I think legislative audit's going to be able to answer that force in June July they did start their look in last week so we've we've kind of started all those wheels rolling and why this hasn't came up in the past I don't know this is my new district so I don't know a lot about it but it's it's gonna be real interesting to see that answer representative Holcomb and to see their collection rate I mean we don't even know what they're collection rate actually is on the water bills that they're sending out so maybe there collection rates really bad and that needs to be something else is looked at. Representative very you're recognized thank you thank you Mr did I may have misunderstood you. Did you say that if this bill passes still nobody would be without water I don't foresee anybody being without water now you don't think so but you don't okay. The question Mr follow. Mr yes go ahead. In case of a fire who would be responsible if they did not work. I'm guessing the city that didn't pay the bill. Okay. Representative Hodges thank you Mr chair so what what is the time is there a time frame on it to where they would have they set up a time frame to let them know so that there's is like a date is the date it's going to happen and let the community know so that they would not they be able to have time to try to fix it like is there a time frame yes it be the same time frame you get on your water bill at your house if you like a thirty day if you don't pay your water bill at your house and you said this that that the one pays the the the water company paying each other they have thirty days yes. Okay any other questions. Seeing on C. one no one signed up. For this bill ready clothes for your bill I am it and I like the way represent Hodges pointed out it was a point I was going making clothes and this is no different in your house if you're paying a water bill at your house and you keep your water if you don't pay your water bill at your house you don't have water it is the same principle structure and right now that's not able to take place because they do show up with these lawyers with all these excuses and. They're not paying their bill if the bill is twenty eight hundred dollars a month we're eighteen almost eighteen thousand dollars short so does a lot of months of water bills not being paid and it's not fair to the constituents that have the water system to have to pay a higher water bill because they're shipping or water down the street to take care of another community that doesn't have the means to do it but the bills are not coming back and yes a merger is the right answer but you have to have some leverage to make that take place and this is that leverage that we've been told to move forward with so appreciate a good vote. What's wishes of the committee. I have a motion to pass any discussion on the motion. Saying none all in favor say aye. Those opposed say no. Is haven't. Thank you Mr regulations bash your bill. Okay UP next is house bill seventeen seventy seven. You would intercept identify yourself for the record and you may proceed. Thank you Mr Committee. Seventy seven seven is it that is a short bill and all we're doing is just a and one one word to it what this bill does is just a Mandalorian srna power municipalities to vacate a street or alley. and and we're adding the word adding museum. The and what it what it it allowed to do if. The same as the original bill it allows if they own property on both sides of the street the minister the city or municipality have the authority. Okay questions from the committee. Representative Holcomb you're recognized represent Dick's is this for a particular incident you're doing this for in your your districts I'm gonna could you give us low back yes please yesterday sometime in July is we're about to start construction there on it so there's a short street it's just one block that's that's active now not there's not probably ten cars go to their days so. With with on and all of it and and and needing that that street that's the reason why we requested that museums to be added to. Model okay represent I've I don't have any problem with that I'm I'm not saying that up I just know right now that a county judge has the authority to do that if you he needed to do that but I I have no problem with it if no one's if you don't have the opposition from up there no opposition thank you Sir and the display good okay with it so. Representative Andrews you're recognized thank Mr yes just come full upon from some locals question not on problems bill just curious why can't city just do this now both selves. Could you repeat that. Yeah of this I said only problem with the bill I'm just following represent welcomes questions why can't city just do this now. I want to take city council we weren't aware that the city could have the judge could do that of the city so there was this bill was amended back to allow colleges and and those facilities to to be able to close Senate closing so all this is just a museums to it okay thank you. Any other questions from the committee. If not I don't have any bill and signed up to speak for against the bill. Close for your bill thank you Mr chairman closed the building. As for do pass. I have a motion do pass any discussion on the bill. Saying none all in favor say aye those opposed say no graduation job master bill. Thank you. we're gonna pass over us Senate bill four oh two Senator Rapert most come in little bit later when in the Senate bill one seventeen. All right Should be a you know Senate bill of four forty six for. All right house bill seventeen twenty seven. Lee Johnson is let me know if you. All right we will skip over that right now then. Of. House Bill seventeen ninety eight represent all. Please identify yourself for the record you may proceed. Thank you Mr chairman thank you committees of the house bill seventeen ninety eight was brought to me by gentry police chief clay Stewart we are a town that does not have a town or city jail and the current law Relates only to those towns with the District Court in their town that also have a town or city jail they are restricted in how they can use a fine that's levied on conviction for For those that are to be incarcerated gentry takes their prisoners to the county jail or to other county jails around the state and what this bill is simply asking is for two additional ways that those funds could be used it's currently a fund of about ninety thousand dollars so it's not insignificant and it's there's no way right now that they can apply those funds in any other way so um this bill would help defray the cost of incarcerating countersued prisoners including construction maintenance and operation. Of the town or city jail that say silent springs has a city jail they can also use that money for operations of their jail. And then the other two additional items to pay for construction maintenance and operations of a county jail to which town or city transports their prisoners for incarceration many folks knowing it around the state county jails are kind of under the gun in terms of how they can find and pay for maintenance construction and operations so this might help well not a huge amount of money it's still significant and last but not least it would allow them to pay for the transportation of those town or city prisoners to a County jail for incarceration and this is not just for mileage it's not that big of a item to go twenty five miles from the town to the county jail but it takes an off duty officer or if it's an on duty officer it takes them off patrol to have to go and take that prisoner to the county jail but there are times when they also have to take them to other county jails either around the St John's borough south west south east Arkansas where ever and that might take a day or more for an off duty or an on duty patrol officer to do that so this would help defray that cost and those are the three main items at this bill would allow a town or city to use those funds for with that I'll take any questions. Representative Dalby you're recognized. Mister chair up representative talk. This is not of this twenty dollar. Additional fine is not required by a city or town is a may it's not a shell that's correct in so my and in your particular case gentry doesn't have a jail so I'm not quite sure why we need to be paying somebody else's for their responsibility because it would be my understanding that gentry or whoever they're going to send the bill to the city of not gentry but who did you say they often send them to to the county jail okay to whatever county jail I mean that county jail sending a bill over to the city to pay for that so I'm not sure why we would need that B. section to to help pay for the construction maintenance operation of county jail to which they transported to and I can see allowing them to use that money to pay for transportation of a town or city prisoner to a County jail for incarceration but I'm not quite understanding why we need to. The hello keep. Keep tacking on because when you start tacking on twenty dollars here when they could just do away with that unless they wanted it for transportation costs but my question I guess is right now and I've had a lot of experience in fines and fees having sat on a bench in the District Court level that oftentimes we are tagging people who have the least ability to pay and so it appears to me that if there City gentry's wanting to keep this twenty dollars the use it for transportation but I just can't quite get there that we're going to. Tags city of gentry in makes an extra twenty dollars to pay for somebody else's jail can you address why that is so important well currently that this does not address that issue at all that's already currently in the law and it's only for towns that have a District Court so it also helps that city defray that the cost that they and Kerr for to help pay for District Court costs that is my understanding. Yes thank you thank you Mr chair follow up at. I understand that but when you look at B. two mmhm it says for this twenty dollars that we're tacking on to somebody to help pay for the construction maintenance and operation of a county jail to which the town or city transports town or city prisoners for incarceration I just can't quite get there that we're paying somebody else's one sees him to pay somebody else's bill I can understand and would agree to section that little I. three down there to help the city of gentry or whatever city pay for the transportation of a town or city prisoners to another County jail for incarceration but. I'm sorry I just I can't reconcile. Doing that did some who brought this bill to you the police chief of gentry. How many cities this is affecting the in the State of Arkansas versus local legislation this is FX this is state law and it affects those towns or cities that have a District Court also in their town person you give me that number I cannot thank you. Representative Paul Holcomb used you're recognized yes reserve car we talk a little bit about this yesterday it this is not a this is not a new fees it it's just something else you already collect correct any in now give me can I have just a little leeway Mr it so Jennifer does not have a jail and they're sending their prisoners to the county jail do they pay the county jail for housing those prisoners today they pay them anything so that the agreement with all of that is separate from any of this currently okay yeah so this this this body that you're talking about will be used to help maintain the job they do pay a fee separate from this do the job right right that's correct okay thank you ma'am yeah this only impacts that particular fee and it's so narrowly restricted that they really can't even use those funds so they just continue to collect. Okay any other questions. Representative Burch you're recognized thank you Mr chair just a quick question we talked about paying for transportation and that might include traveling around all day or however long it took to transport the the president does that also include because I don't see a definition about is that towards the purchase of a vehicle or what is transportation I think it would be let related to that specific prisoner so wherever they need to take them the cost to defray that transportation of that prisoner primarily they go to a county jail but they could go around the state to other county jails which encouraged at a greater cost of gas and time to do that but what about like the vehicle or some other mechanism in there other things included entry I don't know how they paid specifically if they allocate a certain amount of each vehicle to each case but I don't think so I think that's a separate budget for how they allocate funding for their vehicles but that's a good question could they use a percentage of this to pay for you know the actual vehicle itself they may do that with all of their church expenses. Thank you thank you. Okay any other questions. Representative I do have one here yes Sir up how will this impact jail income across the state this bill right here city or town income of the city and county both the I know this but this be right here this collected normally goes the jail for operation of the jail. I was wondering is in your particular case it may not impact the local jail but this bill will apply across the state will it impact local jails across the state it will not it currently is in law that they may have to a representative dollars east point that they may collect a fee for that right now under this current law if they have a city or town jail they can use it for maintenance and construction they cannot use it for operations which a lot of jails are kind of having difficulty paying for operations so in many ways this bill will help them defray the costs of operations as well. Thank. Thank you thank you I have no other questions any other questions. I have no one signed up to speak for against this bill would you like to close for your bill I am close for my bill I would appreciate it do pass okay what's wishes of the committee. Okay I have a motion do pass any discussion on the motion. Seeing none all in favor say aye. Those opposed no. No seven. Thank. All right UP next the is. House Bill eighteen twenty four representing flowers. Are you here. Okay up next is Senate bill five thirty three. Asing NO one here to run that one. well up next we have excuse me we got. represent along we're waiting for an amendment on him representative Senate bill one ninety seven representing Bryant. All right to what we're gonna do we're gonna recess here for just a few minutes on. Long and if these other show up we will hear the bill will be in recess. With the or Senate bill four forty six please identify yourself for the record and thank you Mr Blair see Joshua rights a state Senate district thirty two. Excuse me just second. Senator bright you may proceed thank you Mr. Committee this this bill is actually passed the ninety third General Assembly it became ACT three ninety two two thousand twenty one and it covered the right for cities to declare themselves pro life to give them the ability to promote promote the city much like you would for watermelon festival or other events we have these protections in there so they felt comfortable doing that what this bill does is it allows now counties and other subdivisions political subdivision of the state to have that same access and so we moved into a different section of the code to be have a broader impact to a broader ability that way any questions of the counties have I can we legally do this we just moved up to this section the code that way all political subdivisions are captured underneath the the language. Any questions. Represent college recognized thank you Mr chair so what we're talking about with political subdivisions whatever need to do that I would have liked improvement districts man what what is what what political subdivisions retirement census count of inside inside title fourteen of the code M. which are improvement districts such as that I believe some fire protection areas wanted to do this of the counties that is twenty one counties that adopted this so while but those counties felt it was it was permission for them to do we wanted to pull this out of fourteen so we struggle language from after ninety two and then re added it to a different section the code that way it's it's just broader in its in its ability for those areas. Thanks. Okay any other questions. Saying no other. I have no one in the. I have no one the signed up to speak for against the bill. You like to close for your bill I'm close Mr thank you okay Preciado a motion. Okay. I have a motion do pass any discussion on the motion. Saying none all in favor say aye those opposed say no. Your legislation you have passed your bill thank you Mister senator censure at the table you may proceed on Senate bill one ninety seven thank you Mr chair of like a representative McKenzie to to join me. I know I know we this bill feels like it's been exhausted the. In my recognized and such. Yeah yeah go ahead and identify yourself okay I just to have the Senate district thirty two per McKenzie state house district seven. my **** thank you Mr Committee I know I know you you feel like maybe this is been exhausted and that is not my intent to to whip up a dead horse I know there's several members that were here when it was presented but on last time and they ask for the opportunity to go down again which I think is that is a good curtesy that we should allow. also I did have a chance to to present maybe a different approach works in the Senate I believe this past by poor with bipartisan support in the Senate obviously that doesn't work in the house and while some the same talking points were addressed I would but I I personally like to come and say why. I brought this bill obviously with the support of a representative can be authorized resides in my district. So as everybody can attest to northwest Arkansas it in other parts of the state or are growing rapidly we've got extremely generous benefactors up there that pump money into private public partnerships and develop infrastructure and trails and and the growth is just phenomenal and with that growth has we've got some some growing pains and I believe this bill addresses some of those growing pains and so what we have the lake in our district and while the lake is not an incorporated part of the area it joins to a large municipality up there and then if you look to the all around the we've got very large municipalities in some of those myths municipalities are taking up the area of short term rentals underneath their their winning because they feel like they they don't know how to deal with it so some have decided to prohibit someone had decided to tax it someone that have decided to just add regulations that were so over burdensome the date that a typical private property owner could not use their property so I started to unpack this and research what why are we doing what we're doing allowing cities to do what they're doing and other states maybe taking a different approach I don't think this goes along partisan lines I think it goes on along the lines of. Where's that control derived and and we're does that we're Senate be receded. So I start to look at how how zoning applies in so first you gotta look at use now almost any committee code that you look at regardless of your city if they have the ability to adopt and communicate standard I obviously they'll have ordinance regulations with their primary use directives residential public commercial industrial agricultural those are are very broad in in what they allow as long as it's within those five categories. Inside those single categories are secondary use categories and so for example residential secondary use categories in the Munich Code I looked I looked up to and they were they're pretty similar. presidential. Which means you we want to talk about group residential in a in a in a committee setting because they address shared living quarters of non related members using associated support services. Now that's not to say that if I have a long term rental and I want to reach out to for college brothers I can't do that because that that is not identified as a secondary use if they were using the same services drug rehab eighty C. connections obviously that would be a group residential and should go in before body to rest in March that understandable better. Home business occupation that also as a secondary class use we need to you know leave their talk about tiny homes are cottage homes like there's several that go along the secondary use what was it what was not listed there was short term rental short term rental was not listed in in code but they had regulations against this. So would I once I once I kind of unpacked like why can't they just put short term rentals in the secondary use category I cited a what what is our state law say about this and while short term rentals and in the bill I'm trying to codify are under thirty days really just defines that as in general any thirty days under thirty days is a transient they do that for taxation purposes not necessary defined use. So then I stumbled upon the and I believe is already addressing committee the the Supreme Court decision which a homeowner in garland county was told I can't do this because they're P. O. A. H. O. a restricted commercial use. The lower courts sided with the peel away. That homeowner fortunate probably with with a little bit of wealth took that up to the state Supreme Court. At which by unanimous decision overturned a lower court ruling and said it is not a matter of commercial use to use your residential property as a residential use and they they obviously. Went through great lengths to describe their opinion to get the majority on board the use the this lady case of an Alabama the hell that property used for residential purposes when occupied for ordinary living purposes to relax eat sleep bathe remains residential use and therefore not commercialized and so as I as I started unpacking for other cities and in the state I realized several those the ordinance they haven't set itself said you can do this just don't use it as a commercial purpose so even some of those ordinances were not associating the residential use with commercial purpose. So that's a pretty we're decision decided that they were turned lower court's ruling and said the is owner use it for residential purposes and and and it we deciding today it is not commercial the the H. away unless it's per specifically prohibits it. That you cannot use this for. A short term less than thirty day rental then the homeowner has the right and proposed uses property. So I think as far as our as far as our case law goes we can break apart that residential and commercial need to be set in a separate category. And I said what what what we have to blame for this because we obviously what doesn't affect your area it's it's coming your area because we we are a tourism state natural state we we drive these markets. technology. Is definitely one of them one of the cities in our area was founded on short term rentals vacation rentals my sister worked there for several years during high school we did not have this convenience technology which it was a seven day a business twelve hours a day checking people in and out of short term rental lease rentals and a community of which now wants to restrict and prohibit. So since even existed with the government to do with it. Most times we tax it we regulated we prohibited that's how you slow growth thank you slow the issue if you want to let the issue go you release those burdens you lower the taxes you de regulate and you move forward. But what what do you do something that you feel is maybe a constitutional right I meant property rights in general are cautiously protected right we give cities the authority to use owning for defined use we take short term rentals we put it in a use category it is residential. So therefore do do we prohibit several of our cities are full are prohibited in fact they're making a criminal if you if you violate the prohibition against using their personal property for short term use when when you research why they did that they decided they wanted to do that because it it affects the interests of their hotels in their area. And whenever you push back on as they were so we're just trying be pro business they say well it affects the ability for other residents to find long term affordable housing. I think the argument could be made if that was the case that would be a regulatory taking cause were asking the the rights of an individual to give up to the rights of the of of the whole. So is there a balance between regulatory taking and compensation for that use because otherwise it's it's their vacant while they're residing in a different state to try to come come back so. I think the argument could be made. I look the other amendments that we regulate you know we regulate the first amendment to a point like I can't put a thirty foot banner outside of an airport like the FAA Rick regulates that now if I move it further away I can't do that I can put it further away so there's all kinds of ways we navigate this but to prohibit it. Is a step too far and I believe I believe this body was a to step too far and how we should approach this issue. So. But again I as I unpacking this look at what what else do we do in the city that we pretty much don't have any consternation over. We allow zoning in the use of the commercial space. A second can you imagine if a and I want to the resident. Commercial space. Would we be offended if the city said Hey we've got too many restaurants that serve state. You can have a restaurant is don't serve steak. OR would be offended if we sold if we had a business that sold pets that within like where we got them from would we think that is enough local control to say Hey we we don't want to tell them how to get get their product. So. What I what I went through as I went through about every every city committee code like this but a lot of time this and there's a lot of things that I like. About what cities are doing set things that this body that this committee address with representative McKenzie that I think make it a better bill. obtain a permit for a fee I see that was revised into the bill. A tract the owner revoked the permit if complaints are excessive. Do inspections of code enforcement is available for that area escalate the fines of quite enjoyment ordinances are violated. OR regulate and and take a peek taxes. But there's some things in the city of cities are doing that I think should concern us. They're prohibiting or not allowing the use of that property as a short term rental even though I believe our case law with support that. They are established the limits of percentage of who can own short term rentals inside the community they're saying one percent of the homes can be it so therefore your neighbor can have one but you can not because you didn't show up to the to the door and time. They're regulating how many S. yours you can own within the city you can only to but not three. They're not allowing out of state owners I mean to me that that is an issue we would have the several times to regulate out of country but now we're not even allowing out of state owners to invest in our communities. They're adding additional taxation to just these one areas of of of use. They're adding on reasonable insurance requirements just to make it we just can't afford to do what you would do with your property. They're in flat the Nile of any permit without due process of its issue permits. Where the owner must live within the city limits support must be owner occupied before can become that. What I would what I would garner if you read the text of the bill is. Cities can do what they're doing. What they need to apply it broadly across all residential use properties so city wants to do that broadly affect well all residents to otherwise as lewd before the presentations we need to utilize the other powers the powers of the of the police to be able to regulate that. I know there's been some concerns or if you have a short terminal it just has weddings and parties all that well first I don't they should state that clearly that that is not allowed. But if they do those are special use permits and that you can attain in the city. I have a real property that's next door to a an owner occupied property and there is constantly celebrations every weekend it's an all night party Friday Saturday Sunday. can the city regulate that absolutely they can regulate that because that is a special event and therefore special event uses should be granted and with a grant one or the grant a hundred I don't know but at least the body can address that. So. I'm gonna restate the I do not believe this bill takes away local control what it does is it modernize it and it makes it all consistent as long as they do for one they must do for all that way they have to take an approach that. There's some thought into a. What we gonna do about properties that are getting out of control that we don't like are we going to single them out and and be just them up or we just put them along with long term owners owner occupied that are causing the same issues you know if I if I had a a lake property in and it was just excellent party spot and I was not allow people to rent it but I was just going to use it for the public enjoyment I mean it wouldn't violate any short term rental ordinance but it would violate other quiet enjoyment instruments so I believe this is a fair balance to make sure that our state our cities are not overstepping what our constitution the state put at the top of its list which is highest in above all other or private property and I think if you go back and look through. All the wars are waged and how this country is founded that that property rights specifically private property land rights or always at the forefront of the founders minds. So that's that's where I'm approaching this bill from and I was not I don't own any rentals I was approached by third parties I just know in and in my area for the good of my people. That I believe this was a good bill to have discussed among the legislative body without a vehicle you'll to represent McKenzie. Thank you yes at that Senator branded a great job in capsule in the the argument for the bill I have nothing else that I appreciate your time. You read for questions. Representative rod you're recognized yes Sir thank you Mister chairman I've still been looking for the amendment on this guys you know if a person owns a home say a thousand feet in you have five six seven folks living there are eight. And there's no parking spot C. substrate. Geysers there's no places for the owner of the house to park your car when you have an overload like that so I was looking for an amendment guys. A thank you for that a representative right so. If if if it wasn't a short term rental. And the and the owner of the home decided to let the majority their family or their kids friends reside there long term. And they didn't have they had all their vehicles out there going out to the streets the bill a blocker restricting their neighbors ability to park they would they would address that the same way that short term rental would address it and so I I believe I don't believe I know that your issue is is addressed and even if we if we enumerated it inside the uncodified inside this bill is still the same it's it's still by city or. Representative long you're recognized thank you Mr chairman senator are you in you mentioned earlier that about the P. away situation that I believe it is to sprinkle rule that it because it was not commercial would it prohibit PO ways in subdivision covenants from specifying that they don't want short term rentals it is not in fact the Supreme Court decision actually stated that that is put through a bill of insurance or coverage restrictions that is the that is paramount to anything below it about use as a short term rental. So would like to be in his situation were subdivision didn't initially state no short term rentals because it didn't exist back at that point there's no problem with them going back in amending their covenant there's not absent thank you. Okay any other questions. Represent Holcomb you're recognized thank you Mr president Senator Bryant. You know we talk about a lot of things but then as you disadvantages to the homeowners so the neighborhoods all that kind of thing one thing we don't budget money save I know the hot springs as a really good job you give me a little leeway here on the net to a question about their tourism how they regulate it how they do it of. Please send percent probably of of hot springs is short term rentals but so what if of what if the the city of hot springs what if they ended up with thirty percent short term rentals just in hot springs for example or if it happened to several other cities across the state in the short term rentals. Will only stay there during the summer months around lakeside maybe six months of the year what's gonna do to them financially what they're gonna do the housing market what's that what if we we we got any idea about what kind of money we're talking about here. Fite understand the question do you think this will increase or decrease property values no I think it'll it I think it would decrease their their income if you let short term rentals if you had thirty percent short term rentals in hot springs Arkansas nobody lived there six months nobody buying gas six or somebody buying grocery nobody one entertainment of you know I think it's going to have a of a financial impact on the going to see like hot springs for example again bird issue years ago was a really good place to live now ninety percent of their homes or rentals short term rentals so what somebody's not there six months of the year what they're going to that city's finest I would I would maybe object we argue that. If if the homeowner if an owner was going to to purchase the property and occupy any verses they themselves not being able to occupy when they're there is a lot a lot of these situations if you look at the statistics or a. Residents from out of state that maybe want to buy a property enjoy it's for a season and then be able to continue to output. Rental directed to let people stay there to offset their their cost. So they didn't have the ability to record directed the still wanted that it was that they can't and then people would not be able to come in and not the the tax that would not be able to to. Purchase goods or services and keep the the tourism economy because I think overall the impact of these over twelve million dollars in taxes collected the impact in those communities it is favorable but at the end up the market in my opinion regulates what's the stuff we do follow up Mr I'm just thank that that this is going to this is ghost this is going to impact the state's collection on taxes if if someone's only if if if you're just not there for months of the year at my my personal opinion is we we haven't had any figures to show what kind of what is going to do this financially I think we need official impact study from the efforts made to give some estimates on the city's what if what if a person is does is what if it does that before we go any further with this I like to see some numbers see what is going to the state financial. Senator you have a fiscal impact on women's. No we do not and to answer the question that was raised represent welcome people who own short term rentals are part of tax base so I mean would in theory some towns are not losing tax revenues cities are not losing revenues is individuals are still paying into the property taxes are still paying their millage is I don't have one because I don't believe this is estates any mandate on municipalities to change our current operation give me a moment here okay Mr I think it does because of someone's not will be living in those homes twelve months a year it's going to impact spending that so I would request them via a financial impact statement on this one is for going further with. Okay give me just a moment here. Thank you senator I believe you have to have a impact statement on this I would ask you to pull your bill down into you have that impact statement if you were. Okay so Dalby able to to re run it on on Wednesday yes yes the financial impacts okay we need we need to have an impact statement yes okay. I believe the real I believe the rules state that when asked for you have you need to produce one to to run the bill okay all right thank you thank you. Okay representative law. Represent roll. Represent Lois let the room clear out here a little bit we will. Okay represent along if you would identify yourself for the record and you have an amendment and you would envision Amendment first please representative going long district thirty nine. Thank you Mr chairman I'd like to. Bring the amendment for a. H. B. fourteen sixty eight before the committee. Hi. We tried to address the problems that Senator current president Dominique pointed out of because the the bill in its current form does give the ability to the quorum court to continue with the county judge of setting up committees and pointing of the The chairmanship that's why we had that in there but we changed pretty up just a little bit also would say that to if the designated if designated by the quorum court excuse me of the county the county quorum court for the county judge if designated by the quorum court so I think that hopefully will address that to that question will issue. Read for questions. Yes representative very you're recognized. Thank you Mr chairman. Excuse me does the association of counties have an opinion on this. They've not mentioned having. You can basically I've I've heard from any of this is a piece that have expressed support of this bill. The first year just as a piece of parchment Association counties. Okay any other questions. All right the seeing none we have no one signed up. Close for your bill I'm I'm because the bill ask for a promotion do pass. Yes Sir. At. For you. Are those opposed say no. All okay. The roll call. Representative Holcomb. Representative Holcomb votes No representative Whitaker. Representative wicker votes No representative Cavenaugh. Representative Cavenaugh Cavenaugh votes No representative rye. Representative rye. Representative Dalby. Representative Dalby votes No representative berry. Representative berry votes No representative Collins. Representative Collins votes yes representative McCullough. Representative McCollum votes No representative McGrew. Yeah representative my group votes yes representative ray. Representive ray votes yes representative Hudson. Representative Hudson. Representative long. Representative longboats yes representative shall. Representative Schultz votes No representative Berks. Representative Burke's votes yes representative Mike Linden. Apresenta macalin votes yes representative Richardson. Representative Richardson votes yes representative Hodges. Representative I. Representive answers. Senate managers votes yes. At the I'm sorry your bill does not pass. All right the Senate bill five thirty three. representing Michael ended you're presenting that bill I understand. You get the table please identify yourself for the record and you may proceed. Thank you representative of Michael intent House District ten. Okay so I am presenting committed. Okay I'm going to present house bill five excuse me Senate bill five thirty three and this is a really I hate to say it it is a really simple bill basically what they want to do is I want to add a cemetery facilities an apparatus to the list of items that can be considered for capital improvements of a public nature currently there's everything arts and crafts centers. pavilions all sorts of public buildings are listed as a capital improvements and they just want to add cemetery to that apparently they do want to build a pavilion in the cemetery and prevented you for doing that from a bond improvement because it's not listed so. I would it's not currently listed have a cemetery under the cap on for. Any questions I'd be happy to answer them okay any questions from the committee. Seeing none I have no one signed up to speak for against this bill your clothes for your bill and clothes for my bill and I move to pass I have a motion to pass any discussion on the motion. Seeing none all in favor say aye. Those opposed say no. Resolutions you are passionate concerning thank you Committee. All right the. Is I see the let's see. I see no other bills here except senate bill four oh four I see no one here to run that. Right as anybody else prepared to run a bill here today. If not we will meet again Wednesday. The here Senate bills I'm sure we'll have Senate bills coming our way and with no other business force we are adjourned.