City, County & Local Affairs Committee - Senate

Circle thank you. Senate bill five thirty three. Yes Sir okay Centerville introduce yourself and to be recognized perceive your bill thank you Ronald Caldwell senate district number ten. On the. Senate bill. Five thirty three all it does is when the municipalities the issue bonds the they are limited in what they can spend the money on. Different projects in this age cemeteries I have a city in my district that would like to build provision at a city cemetery through bond issue and they cannot do that there was law reach the you know we're doing is adding cemeteries to to the list of items that they can spend my money on all right. number you for an explanation of the bill or any questions from committee. All right senior questions in by side speak for against this also anybody center calling be recognized close to him close bill I would appreciate a good vote R. A. commission the second all in favor say aye. Post resolutions and. A committee. All right. Representive Underwood. Okay thank representive you got a minute your bill. Also deployed against it but the to to to try to curry favors on this it is a representative of so it was a good idea. What what what bill number you're running for house bill twelve seven house bill twelve a seven the lesser. All right well just a few seconds pass out this amendment. The representative will give you the chance to explain it to members okay. If you just go ahead and do it yourself and records proceed with the. I can under would representative for district sixteen the Amendment basically the first part of the moment we had we had made amended on the house and to allow cities to approve or deny or request changes at your a request department and we just missed this publication so that's the first part of the amendment the second part of the amendment was a request that I got the action that was a pretty good idea that if if some if an applicant that complies with all the requirements related to a permit imposed by local government but shall not the local governments not the nine the applicant's that's just the the two items of the of the amendment. About the bill members explanation amendment or any questions infirmity. Senate questions I think I'm not a motion and a second all in favor say aye. Our yeah our representative would your and then it has been adopted by a recognized perceive your bill as amended the average of the committee such what this bill does is after all the fast track permits bill essentially if an applicant recall requests and a permit from a city or county government it just creates a shot clock for that county or city government to respond to that applicant within sixty days so they don't have to approved applicants super quest they don't have we don't certainly don't them to not deny it they just have to approve deny or request changes if there's additional things that need to be done in that amount of time I'll note that this has been done or or similar similar mechanisms of it in other states with bipartisan support and and and they've had good results and recently in twenty twenty one Florida did something similar and they had a lot of improvement the the purposes goal is really to try to help you know encourage development in those type of things and then lastly on though to that municipally work with me on on making some amendments on the house and and that with that that address their concerns and happy to try to answer questions per members or any questions Senator Solomon what to sometimes a shot clock and they keep requesting changes chemical shot clock restarts is there something a provision in the bill that keeps that from reoccurring to delay it yes so at first I would say that's a very good point and I think that that's currently I could already already the case without this bill right Uh this I think first allows an additional level of accountability where there's at least a a time limit that has to be set and that way if they do deny or they request changes at least applicant knows these are the things that that needs to be addressed in order to get this application number four number of three point shot one and two Hey. If we can make it better I'm happy to do that okay thank you. Senator Rapert as center Petty. Thank you Mr do you happen to know and I I kind of tie this to like interest rates I know you're building a house you probably to walk in your interest rate. And they want to see plans and approved plans how long did you were you able to lock in your interest rate for your house five hours I couldn't tell you that the forty five or sixty days or we will walk in was one of the more money so do you know how how long your permitted for your house. I do not have a contract and so that it out for me so I know I didn't take very long to be honest with you I think it was a matter of weeks so it's reasonable expectations for sixty days yes I think you get it yes no I have not been told in most in most instances I've not been told that sixty days is gonna be a problem for most for applications and again if there is an option of notice earlier if there is at the if there is like a third party or some reason that they can't comply within sixty days outside the city or county's control that's also covered in the bills to address those issues. Our center Petty recognized for a question. Just a clarification on the Municipal League you said that they were support of for neutral on or not in opposition to The Amendment the bill with the amendment correct I wouldn't say at I think the Americans an accurate to say their support of the bill but I would guess neutral least they dress their concerns to the not against the bill okay that was just clarification the question is do you have any examples of you heard as as the sponsor have you heard examples of of the link the time that it is been taking without naming names of of particular misdemeanors pallipes I can think of a few myself but any any stories for the benefit of the committee of of the amount of time it's taking to get a project approved yet so I I don't wanna A first I will say that in other states especially in Texas for example the that's actually how I got this bill is there is a lot of examples of abuse in this and other states and so first that tired I got this idea say let's get ahead of this before we have a lot of the issues here when I brought this issue up I actually had somebody reach out to me who had an issue and I won't I won't name cities with or the organization they're actually a pro life organization and they went to a city and they were trying to get a a location and a certain spot in the city gave them a bunch of hoops to jump through that really wasn't necessary and so they were support of at this because they felt like it was at least another level of accountability and then finally I think I probably missed a representative right mission that I am building a house since I talked to my builder about it and they kind of got their feedback and they had told me that most cities are doing great they don't Gillam issues they had a couple of cities that we're giving them some issues they felt like this was going to be an improvement on that so. Thank you again not trying to testify for you but at least my responses that I received from have been depending on the project now House like you were referring to sixty days that's that's a pretty normal but the infrastructure the work that project has taken a significant a significant amount of time have you heard I'm familiar with projects taking between two and four years to get through the system have you heard of any significant delays like that I have not heard any delays to that extent but I'm not saying that that's not happening they very well could but obviously we don't I don't want those capitalistic current especially if you know. Applicants should know what they need to do to get the applicant proves that coming forward with that process and so thank you. Thank you senator all right members anymore questions from the committee. All right C. nine I don't see anybody is anybody here signed up to speak for against this bill all right not see body represent under would be recognized close your bill thank you committee I appreciate you guys this time consideration on this bill today and I'm closed. Our. Take a representative closures bill I have a motion motion sir brought. Okay transfer station. I would just I know we will represent our areas different cities but going back to senator Seoul this point I'd ask that this committee. Would would monitor this bill talk to your builders as a builder myself for easy easy talk to you just look for the the green quarter body and where there's a white truck there were there. but to see if cities not only or complying with this but if they're if they're trying to reset the shot clock if you're just trying to give you arbitrary requirements to add a comment to reset the clock because time is money you know in the industry we construction so Without a motion for protects their private. All right we got a motion got a second all in favor of the bill all in favor say aye opposed the regulations reserve under what your bill passes as amended. All right Senator Tucker thank you in the running Senate bill five twenty three. All right members of the Senate bill five twenty three. All right of center to introduce yourself to be recognized for Cedarville thank you Mr Clarke Tucker state senator district fourteen members I told all the start of the session that I made a commitment center for but only bring bills of this committee stand by that commitment today. This is a very simple bill only has a couple words to code two years ago we passed a law to make it easier for restaurants to expand their outdoor dining capacity in the wake of of covid. I had a bar reach out to me and say Hey can we do this too so so literally the same law we passed two years ago for restaurants to expand their outdoor dining access easier this just adds a restaurant or bar that's it our. Our members you heard an explanation the bill or any questions from the committee. Senator Rapert you're recognized for a question is there anywhere in code that defines the difference between the restaurant and bar not that I'm aware of. The board just elected and qualified as a restaurant there's number. That's right. Senator Hammer you're recognized for a question. The definition restaurant is that somewhat determined by the department of health who has to license a. Restaurant and is that the bumper guards it would kind of safeguard who you know so I don't maybe on the C. store not you know put a couple tables chairs and they're called a restaurant which who controls definition of restaurant I suspect that you would be right at and largely has to do with the provision of food. So my my guess is that. if you don't serve food then you're not qualified at you you don't qualify for that term as a restaurant initially want to challenge. In order for somebody if the permit what's under discussion the bill they would have to provide evidence that they are truly a restaurant as I guess would be issued on their business permit or recognition from the department of health I would think so yes Sir okay thank you thank you senator there Sullivan hereafter question so if nobody's defining a bar. And we have a somebody set up. Place out in the woods or just outside the city limits and there have no status and sometimes these things come through and they say you have to have twenty five people there are ten people there there's nothing that define for the bar is how can we give them status. If they have no status. That really was addressed in the law that we passed two years ago because we we. We crafted that very carefully and and see what it says is you can expand your outdoor seating if you have to get a permit to do anything you still have to get the permit that would that was the case for the rest from the bill we passed two years ago it still be the case for the bars you also have to notify the division of alcohol beverage control if the if you're doing it and then the the third thing is you have to comply with all A. B. C. rules so all the laws for bars and restaurants are still in place really the primary change was restaurants want to be able to expand their outdoor sign at seating capacity quickly in the wake of covert and the way the law used to be is you have to get permission from A. B. C. if you serve alcohol if you didn't serve alcohol this does not. So you had to get permission from ABC and they had to approve your plan and go through a whole process before you could do it and what this just says you can go ahead and do it unless you're changing the nature of your permit in which case you still have to go through the permitting process and you still have to notify a BC and you select to comply with all A. B. C. rule so all of that is still in place. Mr KBC come up and verify the. Michael SABC there for him and if they were not if there's nobody there if they're not classified as a bar. And how can we still this upon them without them actually being certified as one yes Sir good question going back a little bit when applicants submit an application to us we ask them or their restaurant or they operate in the capacity of the restaurant and they have to indicate on that application if they are in addition that to submit a copy of their menu and indicate their operating hours in their entertainment so when they originally get the license they will state whether they or restaurant so and to your point we don't have a definition for justice for however if you're not the restaurant you're kind of fall in the category of the. So but to answer your original point there's not a clear definition of a bar. You still have to have a license for maybe see in order to serve alcohol so you're still you're not is out you know in the woods mark the words you with a from a Mara and I'm my guess is they don't have a problem with outdoor seating capacity so as still be considered a bar. Not if you don't have an ABC permit there's a permitting if you. Well if they get a permit we are yes Sir but if you just have a still without a permit that's. Okay thank you. Thank you senator center right. I'm gonna fall on his because I wanna learn something so if you are a. A bore. Without this anywhere to put in a hand sink and ask for food food food permit and serve one item when they check your form that they are restaurant with a qualified. If they're serving one item we're more than likely not there is some discretion on whether you're classified as a restaurant if you're serving one item you're more than likely we're not gonna classify you as a restaurant. Senator survey. So while we're learning here. so so what this is doing currently. If you are a restaurant you can you can have outdoor dining and and also serve alcohol yes and and this is saying this is this is amending to allow a bar who can serve alcohol already to serve their food outside to serve there are drinks out there do food and drinks outside just like a restaurant right except that would be for the right yeah okay yeah thank you. I think Senator Petty anymore questions for the committee. All rights anymore questions at all three by Senator speak for against this bill. say anybody saying that Sir Tucker you're recognized push your bill close appreciate a good vote all right members for. Got a motion and a second all in favor say aye opposed. Regulations are tougher your bill thank you Mr thank you members. All right. Senator English. What bill are you Senator English with bill or Senate bill two O. one. It was referred to the to this committee. I thought it was gonna be on the floor of the Senate today but it's back in the committee. Okay Sir we have a copy of the bill okay so Sir will you have a bill or this been taken off the as we get that. Sir I forget that you know copy essential to a one you know your committee it might take a bit of time I'll be here okay perfect thank. All right the members of the committee that are Senator Rice. Today very complicated bill. Thank you Mr is me house bill fifteen fifteen John Wilkerson the assist all right. Members of the six oh five two thousand one is passing this committee called water bill a lot of. For the stakeholders and now it's doing good things Arkansas water systems of the they knew it would need changes in That was expected this house bill fifteen fifty addresses of changes while maintaining the most important parts of Act six oh five. training in rate studies or still required what House route fifteen fifteen does it emphasize the road rage duties and sitting rates the rates can now be increased over time. As determined by the rate steady a clean up and clarify language to ensure consistency of Act six oh five in the rules set by the Arkansas natural resources commission all revenue and to determine rates it also allows system's been the research already required back six oh five which is five percent set aside now can be spent for maintenance of the system. And it prevents unnecessary conflict with federal consent decrees and while under a federal consent decree ACT six oh five does not apply be glad taking questions of the mystery Wilson or senator Richard can answer any questions all right members he per next missionary center so when you ask questions disorder anything to do with Central Arkansas Water. Part of that part of the bill the part about the implementation the rate studies was an issue that came up and and Meena it also sets for some water had issues with that as well so that that change was would help them as our primary with you after the meeting to discuss any specifics there of course that does not there's nothing specific to this bill does And that are correct. Now okay thank you thank you Mr. Earlier questions from committee. Senator Rapert you're recognized for a question. I'm just looking at what the language is being repealed on one three. Page three. The new language so I assume that's going to replace it. What what's what prevents a provider from going in the hole like from just making making a commitment the on the rate study. Two. Obligate to where they can't thank you it says the writer may spend any amount of cash the savings. I'm just this this puts a cap on it like if it's a new project greater than twenty percent we have to look at it overly yes so that that a particular what so what what was envisioned by their the water bill when it first happened was that if you had to have a project that sucked up more than twenty percent of your revenue the need to get a rate setting get to to make sure that you didn't want a whole others are already other parts of of law that would would prevent that anyway there's several separate several other parts of the Arkansas Code does water and proper capitalization the problem with this particular provision was that the cities and counties of systems are getting or cities I should say in particular we're getting tons of federal money from the rescue plan and so they're using that money to you know reinvest our water system and see what was happening was that that amount of a project would exceed twenty percent of the revenue but it really wasn't twenty and is sort of a miscalculation away because we're a lot of that money was coming from the feds are really wasn't twenty percent of revenue in that same way and so it was really hard to to maintain manage this we talked a and R. C. about the best way to manage this particular issue so to answer the question is it's already prohibit under law to go into the hole for things like that and this just clarifies that you don't need that right rate study because of that federal money that was coming in. So as as the federal money dries up. We go back to the way it was when this was the divisions is it not created a problem with water systems that that kind of there's a lot of water systems and there's a lot of there are as as as a member of a a water system in my area told me he's he's the newest on the board of probably knows the most on the board because he took the time sure to get there not that the other members didn't but maybe they just invest time and I just wondered if once that money dries up and they don't the rate study anymore they may just go and commit to projects in that the reason we got the legislation to place the first sure so start up with a couple things one ACT six oh five to require the training and IT training really what we've learned has been the biggest boon of from the accident got a lot we talk which of the star of the time we're city councilmembers effectively board members for each city say we don't you know that signify that training is is too much but they want to go do they go do it they realize oh what is fantastic something about the training is going to remedy a lot of these situations as well second of all the bill still requires rate studies and so it's every five years you have to have a rate study so it's still gonna require require rate study and in other parts of law require proper cap proper capitalization as it as it is and I think that may be part of our next steps because this is This is growing at center I said this we knew this is going to be changes in your next step is to try to make sure those laws all you know car talking to Joe the right way but those laws already exist but this is a good step we've got to try to clean it up right now. Thank you senator are there more questions from the committee. Right to say no more questions or any by Senate speak for against this bill all right else anybody Senator us to be recognized close your bill thank you and and I did not mention but to them but for this the House befitting fifteen at the input from stakeholders the in our city rule water sociais Asian course manageable and is willing so they were rolled. No opposition create a good vote to make a motion to pass all right members got a motion and a second center Brian all in favor say aye. Post resolution center your bill passes. All right Senator English I think we've got a. Got a copy the bill here now because the bill wasn't on the agenda it's going to we're up to some suspend the rules and that's gonna take six votes. So we got a motion for Senator Solomon second Sir Brian all in favor say aye. Posed all right Senator bless you come to the table staff sent out the Bill this going to be Senate bill two O. one. Senator English to go and introduce yourself and to be recognized proceed with your bill thank you Senator Jane English district thirteen. this Senate bill is has to do with the Election by the of sure would annexed the area to be able to sell alcohol the Parties of all work together and have come up with an agreement and that bill that you see there is the agreement so that the city would do petition drive thirty eight percent of the annexed area. And they would hold the election in November of twenty four. Okay. All right members see for an explanation of the bill are there any questions from the committee. Senator Solomon you're recognized for a question. Yes if you were successful in getting all those folks around the table and say all that around the table and they all agreed and so they're everybody's this is your one stop shop for you have quite a job everybody working together thank you but it can't happen. This possible is possible. All right say no more questions on the committee's anybody Senate speak for against this bill I don't see anybody Senator English you're recognized closer closer to the bill all right search close we got a motion it's got a second all in favor say aye. Opposed congratulations and I'll pass. All right Senator Hammer I think you've got Senate bill four ninety six the Senate bill five twenty eighty plenary both those okay. Let's start off with a Senate bill four ninety six. Forty six. Serevi introduce yourself and if you're recognized proceed with your for ninety six. Thank you Mr chairman Kim Hammer state senator for district sixteen and I have a yes I'd like to come to help present the bill okay motif you committee please. And let him introduce himself as chairman such are serving state your name and who you're with for the record. Higginbotham fire chief across the fire department and the chairman of the fire protection service for the big problem we're happy to have you here this morning Senator Hammer you're recognized perceive your bill thank you Mr chairman been working with the associations to get to to the point to present this bill to you there in support of it and bottom line is you may remember that there was a legislative audit that was done in two thousand three regarding the preparedness of the volunteer fire departments and then when I ask for that order to be re done and you may remember that of how long go Now it's been about five six months that that was heard last fall and one of the things that it showed was that there's a there's a need to put a greater focus on a volunteer fire departments and provide structure and accountability in order to make sure that all the resources that are being used you know that we're maximizing our efforts so what you see here is an effort to bring this together there I will tell you there is a companion bill that is running and center of representative Lee Johnson is carrying it on the house side it actually has a little bit more in it than this does because it actually moves the fire marshal and the from the state police over to Adam and that's a separate bill but it is a companion bill and the only difference between this one and that one is this has everything but that component but the reason we're doing this is because regards whatever we get out here this session we want to be able to bring some additional support so that the next time we do an audit we can say we've done everything to you know to support them you can look at the bill is pretty self explanatory in the title and that it managed to duties memberships of the Arkansas fire protection service board to abolish a state fire for the prevention commission which will be rolled into the duties of into the fire protection service board and expands the board capacity so that. There's representation on that one ending and if you don't mind Mr Miller deferred a vote to help the issue of anything I left off. It is far as giving us the duties or we can go into the fire departments in kind help them with what they need to standards that they need adding the two from the fire marshal's office would help us Our board be more rounded as far as taking care of their far more souls associations are but help us and taking care of these fire departments. Mr chairman one thing I would also add to that is the that when we took a look at this in one things that the audit revealed is that there's a lot of fingers in the pot when it comes to the fire department and one of the things about this board is they really actually when they were set up given you insurmountable almost unachievable task in that they didn't have the authority in order to be able to take it in the direction and so that's one of the things that this does is try to improve the effectiveness of communication among everybody that has a finger in the pot when it comes to of fire departments by bringing this board together so that better communications we spent a lot of money in which the I. F. going away we spent a lot of money and volunteer fire department or fire department world for that matter and what this is intended to do is to bring some resources so we can you know effectively make sure they're getting what they need. And we did work with the associations and we're here with agreement and think Senator members in for next winter's of bill are there any more questions from committee. Senator Rapert. Thank you Mister chair I. I had an unexpected visitor this morning. And I've. I felt. Sympathetic towards them he's very very humble about it. it was the president of farmers association. And you've made made mention that you know about effective communications and this this just absolutely blindsided them I mean it started from from my fire marshal contacted I've got a relationship with obviously this is what official up there **** and core core members he contacted their president who's you know for small rural community and the other they don't know if there should be against this an order finding is that a. The county got blind sided and so can can you speak to why we didn't include farmers associations of the body. As with this bill I think the one they were having a problem with this one the Mr Johnson was running the mayor bill to this one the only thing that affected the. Parmar sociais shows us adding To their members to the board and I will say that that was my fault I should have made a phone call is being chaired the board to let them know that we were considering adding them. And I have talked to him since okay but it it it it is a abolish the association or for the the board of the commission which they have the fire prevention board it's it's a board that helps with the. Our prevention but it has money that you fire departments king it's grants with and it was under the fire marshal's office and with. Solid dating boards we feel like the duties to come to the park service board and with that adding the two members from the pharmacists association would help us to get the money out there for the grants for fire prevention for the kids and everything. I don't want to get in the weeds of the bill you mention it since it is a companion bill but what I would ask is is is these make your way to the opposite sides of the of the capital may come to testify I want them to say that they support this bill that means you're taking a lunch. It tell them where their money's coming from town with the appreciated they seem like they're really humble and really just just confused as to why they did have a seat why this is even happening not say this is the right way to go but when we talk about effective communication that's that so that we might drop the ball. Yes Sir and I have talked to them and I apologize to them and I took the blame for everything totalement was my duty to make the phone call and I did not phone call and weeks we sent our for about an hour before we came up here or administrator for came up here and I'm willing to talk to a more crowded and but we have talked and I have apologized. And Senator Breanne made because I was not aware this either Jill I may have been made aware last night by text I have been check on the ticket Mr Beyonce with but will before it gets to the Senate floor I'll make sure and I did meet the gentleman this morning in the hall if it's when I'm thinking about and I'll make you that commitment that before it gets to the Senate floor there will be a conversation I'll be in the middle of that conversation to make sure that there any issues I can fully disclaimed on the Senate floor what those issues are so you can as members you don't make a make a vote with that in there I will say this the one thing I hope that this cheese genuinely is by putting them on the board bye bye. And and that it that really in my opinion look at that audit has been part of the problem all along a lot of times left hand doesn't know what the right answer doing hope that this is one thing to bring everybody together same time so lease there is not left up to one person there's representation on the board to work can be effectively communicated maybe the car got before the horse and you know had I realized I would have something sooner but I I will make sure something is done before it gets to the Senate for. Thanks their private partner returning more questions from committee start senate more questions three by Senator speak for against this bill I don't see anybody Senator Hammer you're recognized close your bill thank you sheriff kind expression already this is trying to move us in a direction where you know approved communications cut good example of this morning but one of the big things is this board that currently exist that audit I think kind of blistered amount not sure was all their fault this is intended to help make sure that we improve the services because one thing about it we need all of our fire department store keeper insurance rating flow and if we don't do everything we can to support them it's going to hurt us all and so with that I'll make a motion to pass appreciate a good vote a motion and a second center Brian all in favor please say aye. Post graduation Senator Hammer your bill passes thank you Mr chairman all right next up thank you and run Senate bill five twenty eight yes Sir okay members in the run and Senate bill five twenty eight. Sure I'm looking for a piece of information from your side okay. Your. Get your permission Senator Hammer you're recognized for C.. This was brought to my attention by a constituent really kind of like just to give you the scenario what prompted the piece of legislation also would like to preface it by attorney that the attorney general's office I have a tax year authorizing me to say this that the attorney general's actually looking into the situation and the because it came so late that's part of the reason why I'm bringing the bill trying to get it done for you get out of here but I did want to acknowledge that I have spoken to turn general who's looking into this is a complaint that was filed with the Attorney General There's company of which is eighteen year old when in college it went in to purchase a dog which ended up day by the six thousand dollar corgi she said she had enough credit for forty eight hundred dollars on the company's credit card and an interest rate of twenty nine point nine nine percent interest and then was offered another credit card for twelve hundred dollars at thirty eight point three thirty eight point nine nine percent interest to bridge the gap come to find out the dog had health issues so next came the health bills or the the vet bills with with the animal so at a at making minimum payments on forty hundred dollars alone is a hundred seventy seven dollars per month it takes thirteen years to pay it off that's just on the forty eight hundred dollar one at twenty nine point nine nine percent interest rate and so the intent of this bill and it's pretty self explanatory that loan or financing agreements for sale of dogs or cats prohibited a penalty definition and it goes to thank gives the authority with regards to legislative body in the bonds with legislative body is and if you take a look there person shall not offer range broker negotiate place find or service alone a financing agreement for the sale of a dog or cat does not prohibit a legislative body of a local governing from enacting enforcing ordinances choirs or regulates the sale of a dog or cat and honestly what this is intended to do is to address what was a very unfortunate situations private duplicated I think the state of Florida is looking into this as well based on information that been given and I want to call this one the consumer protection act Bills what I want to call it I'll be glad to answer any questions. All right members won't start with us Senator Solomon and surprise. Fuel for the person has been there however yes this is there seems like there's already laws to prevent this if there's fraud going on or are people doing over reach it seems like what is bailing out one person here and I don't know the how do you can support a bill that just bills out somebody special when the attorney general's looking into a. I I can appreciate that I think what caught my attention was the thirty eight percent interest it charges in the bridge loan that was given in and I'm just gonna be fully transparent eighteen year olds responsible for their own actions and could walk away and said no I understand that and but it did feel compelled to bring for the committee to form this piece of legislation to defer to you as to what your judgment is but I I can appreciate that but our parents are already some laws against those kind of loans and that kind of issue I would have for the attorney general's looking into it I sent I think that's what the attorney general's looking into in the event that there's not so um this could be a piece of legislation to be a safeguard thank you thank you. Senator right thank you Mr I'm I'm in agreement Senator Solomon I was just trying to equate this to My time as a as a young young guy in the military set out of right outside the gates of Pensacola or station. This used car lots for miles and predatory and they just they they're gonna give you your new new fresh out of a moment as else no credit but they're gonna give you thirty percent interest and they're gonna sell you a twenty year old car that has problems and Knowing probably is as young as young man you're not and I know the the laws and how to process it but again that was up to the consumer it was that was my choice to do that so I guess the question is where what's. What other items should we prohibit or limit. Credit for. And I hear your voice here concerning the only thing I would say is this this one involves that which has air reserves not like a car you know it's it's it involves passage involved in this case you know that had health issues I can honestly tell you if that was declared I've got a I got a friend who got a pet from a local animal shelter and after they got it now they're they're looking to have put the dog down because because it had you know has health issues this one had health issues I don't know if that was fully disclosed before not to just being fully transparent. Thanks Sir but you're recognized for a question. In this may be getting too much into the weeds here but do you happen to know what the life expectancy is of a corgi that cost six thousand dollars actually I had a court and I think I think mine lasted eight years we've been shorter had got hold the tire on the car but about eight years is how long mine lasted and I thought we did a pretty good job of taking care of her head and in none of us really know how long our pets will will last as you know I'm a I'm a pet lover and Lincoln is dying to visit the capital here one of these days late at night when nobody can see us but most other financing mechanisms are are structured by the the financing organization to be somewhat less than the life of the vehicle or the appliance or or whatever is at if is that a fair statement I think that a fair statement that the the value of what you're purchasing that is an object that's the difference I think when I talk about objects we're talking about we talk about animals in this case dogs and cats you at least have some life expectancy that you would make a financial decision on based on what you're purchasing. Thank you. Senator I don't know that you are Korea's will have one two and also was not only that about thirteen great dogs that I paid about three hundred dollars for knowledge about fifteen years ago The survey but not think we all we all are animal lovers and appreciate our pets one is a great thing for them so unless the more questions in the committee Senator Bryant yeah and I don't want to belabor the subject but is there do we have any status that is a consumer protections for warranties of purchases. I'll check into it but that may fall under what the attorney general's. Looking into unless that along with the interest rate. All right members anymore questions the committee all right similar questions with a couple people sent speak on this bill we're start with an. Sir I'm gonna get your name wrong the truth Bach to. Yes Sir okay you're be speaking against this bill coming to the table. Sit right there next to Senator Hammer. And if you'll just go ahead entities yourself until is here with the recognized received remarks okay my name is true balked with puppy dreams in southwest little rock were a minority owned family owned business we have multiple stores and you know different states we're here to you know how can I answer any questions regarding financing and things like that on how we proceed we believe consumers have the right to use financing to purchase you know about these we have primary lenders and we have secondary lenders and their interest rates are around twenty nine percent lending USA is one of our. Financing companies and they cap their interest rate at twenty nine percent that's normal interest rates even with or even with credit cards. All disclosure requirements are met by third party vendors and they work directly with the consumers so we don't financing it's a third party lender and they work directly with the consumer. By brings makes the consumer aware of the offerings but does not control the rates are any fees that are you know charged consumers are aware of the payments and interest rates prior to accepting any offer and are also giving quotes prior to accepting any offer so before making the decision we make sure that they understand the payments the interest rates and the breakdowns Wetherby twelve months twenty four months. Majority of consumers don't have all the money to purchase a puppy in financing allows them to bring a new family member home and makes affordable payments for their purchases. This is the same for other consumer products as you know dental work or other medical expenses or even furniture mattresses isolating path financing is unfair to the consumer never nearly nearly eighty percent of our business volume issue financing and it is critical for businesses and communities and our community since we've opened we have provided fifteen jobs that pay above minimum wage and also work with local small businesses within our community. Since we've opened you know what this bill like SB two to five two eight this will like help make us you know have to lay off a few of our employees of the financial detriment to the business and we have invested several hundred thousands of dollars and earned you know part of hard earned money. Inside a long term lease in the location southwest little rock we have been in Little Rock for seventeen plus years and have opened many different businesses within this city and have created many different job opportunities for our four local Arkansans we hope you'll consider that are intact and the jobs we've created when reviewing this bill thank you. Thank you Sir. Does any questions Sir thank you senator rice. Thank you for being here. As a regional right I hate. We have an the consideration putting regulations on people would you say you you fully disclose on financing. Do you disclose to the detail. I don't. What I finance. We we. We show what. What's on the paperwork but do you disclose what is required by law now in a monthly statement this is if you pay the minimum monthly payment your goal we've you're gonna be paying on this for ex number yes seller financing companies which on the cost of like of what it costs to finance before they before we sign any documents showing that Hey the cost of financing this Bobby this is how much it's going to cost you you say this is going to cost. Eighty eight dollars for cities that month yes okay that I don't think it gets done everywhere I appreciate that if you do that it again a the young person mother legal age. This does not grasp reality sometime and and that's one thing I tell my staff this is to go a little extra further and make sure people understand yes and and and you know sometimes that's all you can do but I do appreciate your testimony thank you thank you Senator Rice members are any questions from committee pricing on thank you for your comment sir thank you. next up we've got a Kate Patrick. Patrick welcome if ordered as yourself until sure whether it be recognized procedure comments. Yes my name is Kate Patrick general manager for the Rogers and fatal Pat land location You know then he covered a lot of the things we do go through every single lender procedure with the consumer we get the opportunity to them we have a few different lenders that we do have available for them if they wish to. Go ahead and proceed with anything they have that's between them and the lender they have up front confirmation with and very single little detail that they could have a available to him and then at the end of the process we also go through with our own paperwork that we write out every single little detail once again and I'm sure that if anybody was needed that to be requested we can definitely get that to you guys. Thank you Senator Hammer. Maska as member of the committee may I ask you a question sure thank you so what I'd like to know is are you familiar with the situation that I've quoted personally with the illustration or the experience I quoted a minute ago yes I am. And based on the testimony you just gave a minute ago. How is it that this happened to this person if that much detail was given and how is it that you were able to give a bridge loan with the interest rate that she is paying. We gave her the opportunity to do so and she chose. It up to thirty nine percent rate yes. Okay but she was fully made where you heard Senator righteous testimony meant to go. Your testimony in committee today is that she was given the specific details to to the letter which which I think you just said she was given no specific details yes okay thank you will share your senate you're recognized for a question yeah I mean test is amended to go with previous maybe you can you can answers what percentage of the pet sales did you did you performing your stores are finance like this I'd say around sixty percent so I mean this law would definitely be a big hit against our business and and do you have any affinity associations with these finance companies you get any rebates kickbacks or affinity with time incentives we do know and in most cases we action to pay a merchant fees to be able to provide these loans to consumers Senate so you pay the merchant fee on a credit card and not that I know of to be to be more specific we pay on top of say the interest rate or whatever the consumer would be paying as well. So we have a charge merchants being we have a charge to us that we only get a portion of the normal credit card mergers processing fee yes okay. Senator hammer but just follow question five eight. The bridge loan that was given the the credit card was a store credit card but the bridge loan is that in house financing or is that with a third party also that is also the third party shell bill to financiers with third party one charging twenty nine nine interest at once charging thirty plus interest is that correct that is correct okay thank you. Their parents Sir just a follow up so I thought you said your testimony minute ago that you were not affiliated with the credit card but senator Hammer said it was a store credit card so it is it is called Pat lam credit card it is their community but community bank at its through like paddling corporate and and and it you may or may not I don't know how you are functioning for from maybe a franchise or whatever but but the the I'm not familiar with very many credit cards that don't have some sort of benefit if it's a is at eleven and I if it's a credit card that's affiliated with the business in some form or fashion but your testimony is that you you don't as the are your franchise yes so you as a franchise down but land who you are a a representative of does. Major point of order. That we discussing the bill are litigating what's going on because of it sounds like we're litigating what pet land is doing versus discussing what's in the bill. Survey from keep the promise to sink to the bill the questions Senator the bill sure thank you I was just following up on the question at the Senator Hammer had asked. Okay okay I'll get a this better chance responded that real well I kind of wanted a little bit more difficult or fire exactly what we do you know whenever you're a consumer comes in to land you guys can come I mean definitely original every single one of you guys to come and see us pick out a puppy that you guys want to hang out with you know if you find one that pulls on your heartstrings definitely get amount one of our pack counselors will go through with you guys if you know the I'm immense amount of care that we take care while they're in our care before they even got here we have videos of where a puppies do come from it's definitely. That a lot of care time and work to make sure all these these puppies are happy healthy ready to go you know we provide five years with the continued care so with that I mean we do have a fourteen day public health warranty three year congenital on a five year hereditary and the main reason I wanted to touch on that is because I am you know if there is any health care concerns whatsoever we do help cover any of those that bills and the biggest reason that I wanted to speak on that is because I wanted everybody I know it's not an expensive you know there is a lot of time care and energy like I said that goes into every single one of those passing goes home and to give the opportunity of a payment program to someone that may not be able to have a personal credit card or already or be able to have that savings in the bank to be able to swipe that card or whatever the case may be it gives them that freedom of choice and the freedom of decision to be able to do that. Thank you Sir all right anymore questions committee right C. nine thank you for being here today thank you all right Sir Hammer you're recognized closure bills or Mister chairman I'll close Preciado good vote. Members service closures build a motion. Hammer built those out motion thank you. All right Senator Teague. You've got to Senate bills for AT and five three seven. Five five thirty seven okay members were gonna be run Senate bill. Four eighty. We got amendments to that too so let's step outside out. Senator you introduce yourself and just give a brief explanation of the amendment. Senator came from district twenty eight and yes the amendment just strikes out of one word in the line thirty influences caring licensing scheme I don't know how that got in there was just a oversight or some. So it just takes a word out okay all right members enter an extension amendment we have a motion to adopt a motion second. Second all in favor say aye. Posed all right members been adopted Sir you're recognized of procedure bill as amended okay thank you members Mister chairman this bill basically is there's been a succession of steps over the last of something years that have identified Arkansas as a constitutional carry states. This bill would just basically put in the law what the previous body I think Senator Flippo you're the one around the resolution last time saying that our constitutional carry state it would just a addresses issue where if you look at this a code section this only deals with the concealed weapon permit statute and so basically it would just say that we or apartment was carry state and the only reason that you're getting a concealed weapons permit is to be able to be recognized and carried in in other states I think that there has been case law that is appealed what to the previous bodies have already passed. All right members you for an explanation of the bill or any questions for members of the committee. All right see no questions. Senator Bryant. The Senate ought to. We are the Senate right you're recognized for thank you Mr. So this affects in you might have said it and I was read the read in the bill it this is respect affect reciprocity. If we don't require from that state. With the. Obviously though the point to put that on their list like states that do not require a licensed health changes the Arkansas that does not require C. means somebody coming in from some other some other State that the B. January list like a the states are. Except our license will accept your license if they take that whole is what causes the confusion. Just about every publication every media out there if you listen that that states that are constitutional carry states Arkansas has been listed as one cents. These are the guys. Yeah eight years okay. Thanks center Bryant are you more questions of the committee. Right see more questions we have Mr Logan's a signed up to speak on spills to anyone speak. Okay. Okay okay your time all right senator nobody else on up to speak for against this bill with that you're recognized close your bill. I'll close this project vote as amended all right members that a motion. The second all in favor say aye. Opposed regular center can your bill passes thank you Mr chairman thank you any all right we will move on to Senate bill five thirty seven. Senator you're recognized procedure bill thank you Mr chairman thank you committee committees for the previous legislative session to change the law and require the cities to have a full time police officer and I understand the need Senator Flippo and I have had some issues with that bill since it's been passed and how it's implemented you know I say the one thing it's like a lot of times we pass bills with good intentions but is like a bowling pan you know you you're not going over you think you're doing this we can't find it creates another problem basically we have some smaller cities up there in our area that for the county border with Missouri and the small town of don't have the money to be able to pay a full time officer and we have situations for example and Birdman were of the police chief there is part time he's been had multiple multiple years being a reserve deputy in these other cities that I mentioned we have reserve deputies that are on that help out the small towns and let me understand Omaha for example is right on the border Missouri has a school because of the previous bill that was passed which try to address other problems is create another problem where the school resource officer for example they shared expenses to make things work so some of the small towns cannot have full time that they do have opportunities available people that as I mentioned before other officers that have a lot of years being reserve deputies that are able to help out in their capacity to provide security law enforcement these are not cities that are riding. Three hundred speeding tickets they're just trying to provide protection for their people in their district so whenever we eliminate that even though we're trying to do something else we because the small towns now in these situations that is because the problem with their law enforcement when our don't say the name of the town we had a town that had some law enforcement then and now they're not able to so you know now it's you know can be known this don't feel I mean what happens is when the small town law enforcement presence leave a city of this cop. A lot of times the drug dealers and all that come in because they're simply just no please of protection. And if you want to prevent crime the best way to print crime is to have a police protection. So that's what the last bill that got passed last session has caused some issues now with actually providing proper safety with qualified law enforcement in cities that had a great system that was working very very well. All right thank you Sir can members are. questions for the committee. All right see no questions I don't say it by Senate speak for against this Senator Teague you're recognized close your bill I'm closest to provide perfect protection in small cities I mean when we when we take that when we take that capacity away even for good reason somewhere else is causing a safety issue and and this what this session it's been about is about protecting citizens and this would just allow the cities to protect him better and what for clarity I would say that the the previous director of a public safety to give assurances to some of these people there would be an exemption process within that bill to make sure that they could take that on a case by case basis with with smaller cities and that turned out to not be the case there is no process for an exemption and so we've got some small towns police departments that are actually in violation of law because we have passed bills at the you know they cannot have a because they don't meet the population criteria so I think that was the reason that bill can roll through here without any opposition two years ago was you know you know some police departments and and and and mayors were told that there will be a process for an exemption and then the legislation did not have that and so that has led us to where we are today. With that Sir close take a motion second Sir Solomon all in favor say aye opposed gradually Center king your bill passes. All right represented the field even waiting patiently Sir. If you introduce yourself well there against the will of committee some stuff as well the rest for Cedarville and what will you all run the. Is a fifteen forty seven yes Sir fifteen forty seven. Reserve It is quite introduce yourself and then you be recognized for state yes thank you Mr chairman at the Phil District fifty three state representative Russellville. Represent the feel and is a great head fully got NextEra. These are here and I understand. Sometimes aloof. Senator Dan Sullivan district twenty percent that you can't get me nowhere other bill somewhere else go is all right representative recognized perceive your bill Sir. Correct. Okay we've we've really got together gave that don't want. The gentleman house bill fifteen forty seven bring to you today to clarify the definition of a loaded firearm in the state of Arkansas so currently there are over five hundred municipalities in Arkansas and with the state not having to find law opens the door the possibility exists that we could have about as many definitions as we have municipalities this statute creates uniformity across state the current definitions for from the state of Utah and closely aligns with the Arkansas game and fish regulation. There's no no no opposition thank the court. Group with it initially had some concerns and they this morning backed off of that there okay with the bill okay are members of our next place the bill or any questions from the committee. I've seen none of anybody so speak for this Louis you're good okay we'll see what else signed up to speak on this bill representative you're recognized close your bill your closed and now I make a motion to pass I have a motion the second by Senator McKee all in favor say aye. A post graduation your bill passes. Thank you Senator Flippo thank you Committee. All right Sir Brian did you plan on running and run a Senate bill forty seven okay. Senator Solomon says back in here. Tell you what if you wanna for a pause for a couple seconds a someone step outside and. You're not getting the help that easily Senator Solomon. All right represented representative right. Introduce yourself and your guest until here where the rain is perceive your bill thank you Mr Joshua Bryant said district thirty two. And the chairman is bill the Graham with capital projects group and now we represent amongst other clients at Amazon. Open German thank all right senator you're recognized perceive your bill thank you Mr committee members a house bill forty seconds are Senate bill forty seven make it possible for grocery stores convenience stores in the five large counties of the State of Arkansas class seven counties which is been washed in Sebastian Garland Pulaski and only the web portions of those counties if there is more of a damp county to deliver wine or beer just like or liquor stores and restaurants do now remember during the the code crisis through executive order will out delivery of alcohol and when we came back to special session we added that as a permanent language to allow that this is this bill would level the playing field among these retailers in those counties. It also authorize them to contract with third party delivery that would be set up by the ABC through a permitting process collecting fees bill to allow third party delivery service also to engage in those transactions as well. As far as I know I'll let I'll let Mr Macri speak to. other organizations and their and their involvement in this language. Thank you yes so now we have the support the the bill as the support of the oil marketers association which of the convenience stores as well as the of grocers and retail merchants and as the senator pointed out the language is reflective of our work with ABC the rule and break making process kicks in another here today and and I think Michael can probably speak far more eloquently to the specifics of the rules but it does empower them to a great deal relative to setting up the third party the permitting of the third party the the hoops that they would have to jump through relative to chain of custody and all that that already exist relative to the employees of the stores and now deliver this would only be in the as senator noted in the five counties that or that it went portions of those particular counties Frances and Sebastian County Fort Smith would be the only areas since the rest of the county's drive can't can't leave the council that the the supermarket the convenience store is in and this in essence we we're really just looking for for these stores to be able to beer and wine is what they have on hand now to avail themselves of the same opportunity that that already exists with the package stores. Okay. All right the report explanation Senator Solomon I guess your question you're recognized for a question Sir yeah thank you the questions I've gotten from people concerned citizens such as that the people that were establishing a new business model essential in that an independent groups can come in and build a business just upon delivery services while I'm not opposed to that there's questions about how safe that is and you know what what the by community by and for a separate business coming in providing that service can you speak to that a little bit yeah and and I think again this is something working with the A. B. C. and their ability to the rule and regulation process can can can engage effectively in terms of how they that bad actors for instance if they choose to come in and operate in one of these communities and they continue to violate over and over again I think we've wanted to work with and worked with the ABC so that they can they can develop rules rex to deal with that particular thing the the the the process is already occurring and so I I understand in terms of you know with a third party business and what that may be if they only do this kind of thing but this is already being done in in these areas that that we're talking about right if some of the comments I'm hearing or the in other areas for is being done there's gonna be using bad things going on however that having bad things going on somewhere else doesn't mean it happens here that what I'm hearing you say is A. B. C. has a one is going to promulgate rules and then they're going to enforce that also have to come up and tell how the yeah I think Michael's hearing the yes and in the tent is to not it's really not contract any of their powers but to but to allow them to. Michael SABC. So how do you enforce if you have people driving around and it's a new business model that yeah I'm okay with having a new business model but how do you how do you propose to enforce the safety of the with compliance checks which you know essentially we set up the operations where situation where they're not supposed to be selling to see if they sale to see if they do that delivery to see if that package gets dropped off in the wrong location so essentially like I said set up compliance checks to make sure that they are in compliance with the law if they are not and they feel those compliance checks we initiate administrative procedures acts and to bring forth violations if so what we are currently doing this to some degree yes Sir what what's been our level of non compliance to the editor for a year and a half or two years are you talking about with the delivers currently we actually don't have any violations pending for delivery we have one that's under investigation but it's not for the judicata actual violation at this point how many reports do we have a violation manual if nobody's reported anything of course you will you will have the body best to gate but how many complaints the I don't have the total number of complaints but what I can tell you is for the months of January and February of this month I think we had around eighty nine confirmed violations so that can give you bill eighty nine violation yes that's results to that's first that's for to January February ninth for sales to minors. Well yes Sir for what what to add an what we're that so what. has been the consequence of those violations depends on what number of violation there at within the year generally it's a monetary fine but if it gets to a certain point and there's some multiple its repeat problem we look at suspension of the permit possible revocation if it's not there isn't any of those no Sir do you anticipate that number growing if this bill passes I that's that would be difficult for me to gauge of a lot of. That's not for that's just all violations right right yeah I just want to point out center that's not specific to delivery that's a total violation of scripture yes Sir none of those violations or or confirm for violations of delivery what makes a difference to yes Sir I'm sorry to hear about at six. So again This clarify for me I live in a dry county however we have people in the city is pretty what and so now they're delivering outside of the the area is that what areas so to speak is seven there should be no deliveries in your area at all there should be never any delivery in a dry area if there is please you find out which one okay I'm not aware of it okay pleased eighty nine okay thank you thank you Mr thank you Senator Senator Ricky. Thank you Mr chairman. Two questions the first one is how come only is it a five counties. Yes Holcomb only five counties so the the thinking behind that was one obviously this is something that's new and and beginning to develop those are areas that are more populous the delivery is a more prevalent the vehicle no pun intended And so to some degree I think it's it's not necessarily an ankle in the water as much as it also makes you good business sense to is that you get into areas where the the deliveries further and further out it becomes cost prohibitive I think as well okay thank you it's a question yeah I keep hearing that we're already doing this but it's my understanding that currently I called retailers hire employees per that's critical of their own that's correct and so they do the delivery this would be a third party contracting with these other entities that's correct to do that okay I just wanna make sure and that would apply to everyone across the board not just supermarkets and the convenience stores but the third party with could engage in a business as well. All right members are there questions from the committee. All right scene for questions thank you We do have some I signed up to speak against this Mr David Evans. Morning my name is David Bevins I own legacy one is spirits here in Little Rock. I'm also a member of the United beverage retailers of Arkansas it's the state's largest beverage retailer association. Sullivan delivers or first put into place back during the shutdown. We were charged with coming up with the best practices Wanting to get. A cut of alcohol business in Arkansas without actually being a part of the alcohol business and out of Arkansas. Alcohol business. we developed a tried and true method of delivery it's been said no infractions. But this is a third party. Delivery system you know it's catching on across the nation but it's also failing across the nation you know there's many many states are having you know we're just mind blowing violations there is a report sent out to you this morning I don't know if anyone secretary you know they're they're not. But it actually shows that the younger participants in the steam or actually Aidid fewer times than the older people the fill rate is three to one in this the. Oregon study. It is just it makes no sense to take a tried and true homegrown developed a method of delivery and give it to someone with no skin in the game. the bill also. You know is written beg several questions where is the responsibility of this third party. you know what penalties will they face what is this curbside third party alcohol delivery all about you know we we do curbside out our front door every day but. When we're delivering we have to deliver to our residents. This curbside is inotes ambiguous to say the least. And the the customer need you know we're we've got. This already in place that's already happening it's happening well it is happening responsibly. And you know if there was uh there if there was a need. To get out into the rule areas to help rule communities. is they should be focusing there instead of you know larger communities where it's already happening most densely populated the college towns of those that's actually where most violations are happening as the college towns in the most densely populated areas. So yeah I mean it's it's a. Question about what's the need and one of the ramifications you know the need is already being fulfilled. And the ramifications are clear where word we've got this under control St Louis and they're failing in other states. Bill or. Thank you for your comments twenty question survey no questions I need to present a couple bills can I make a motion for committee consideration self proper motion non debatable so that we're in a vote on a motion for committee consideration all in favor say aye opposed all removed to the bill Surtr coming closure bill got a motion for committee consideration passed to so with that when asked we have a a motion to pass. Our motion center Brian have a second. Senator Bill failed for lack of a second thank you. Representative Johnson. Just a little bill that do much anything not much snow you Sir. All right to introduce yourself and to be recognized perceive your bill representative Lee Johnson district forty seven results of house bill eleven seventy seven I'm sorry yes thank you members this is straight forty she were trying to fix with this bill so it there's been some instances and community in my district that is a dry community but has a club license to sell alcohol where they've been ticketed for advertising I click beverages in advertising has been defined as seeing someone drinking beverage to the clear glass windows so in other words what had happened at this institution is someone left the restaurant when the control officer stops an Hey was that alcoholic beverage you're drinking in the window they said yes sure was and the restaurant was fined for that this is a limitation other places requiring restaurant owners to take their windows heavily I just so people can't see them drinking through the window in my opinion that doesn't constitute advert advertising so just clarifying the statute that when we say you can't advertise alcohol that does not mean just casually seeing someone directed beverage the window be happy to answer any questions on that or try to clarify the receiver an explosion the bill or any questions the committee. I see no questions we have anybody signed up to speak for against this don't see anybody representative Johnson you're recognized close your bill I'm question bill Mister chairman representative at. Represents culture bill we got a motion motion the second all in favor say aye. Post registration number appreciate it thank you all right members see no further business with the other members the Bill run scene of rivers come before this committee we are adjourned.