City, County & Local Affairs Committee- House

Up to my left and the banister. Of first up in without objection we're gonna be taking these out of order today. first up it we will have a Senate bill one ninety seven. Representative McKenzie. before we get started on this let me say this own March fifteenth we took testimony for six hours and everybody that was here got hurt and I think everything that could be said was said and what wooden was sent to us in emails. and so I will not be taking public comment today on the. All right you record represent begins you're recognized thank you Jourdan's Faisal FOR the record mackenzie District seven. Okay just wanna thank everybody I know in writing my put my prepared remarks today I want to begin by saying thank you I know when bills of significance come in front of us we afford the opportunity for constituents or other voices be heard and I appreciate all the sticking sticking together for six hours to hear the the force and against and again I believe I'm a firm believer in the friction of fire without an understanding of where people believe in how this affects them in their daily lives whether be the rights or the what they experience the neighborhoods I do appreciate everyone for staying in that in that very long session and I'm I'm very thankful for the opportunity close this bill today as the chairman negated we had an amendment that we offered the beginning portion of the last people presentation we expunge the vote and then I offered changes to those amendments and I want to take a moment to review those today some of them are the same from the previous amendment but some have changed the first is creates clarity on the term effectively prohibits I was a a portion of our information gathering and socialization of the bill we wanted additional clarity there addition to that we had a three strike rule which was in the previous amendment but we provided clarity and an extension of that time frame so initially it was a three strikes of violation of an ordinance over ninety days this that the as the mid billing which is changed over six months so hundred eighty days addition of that wrongful death so if the owner of a short term rental is found liable for wrongful death the municipality or any governing body has the ability to offline at home for twelve months in order to effectively solve the issues are up create opportunity for those issues to be resolved we have language that limits the ability for sex offenders as well as a door it adult oriented businesses to be used in offshore terminals in the state of Arkansas and then the inclusion of a fifty dollar cab fifty dollar fee for municipalities to apply on these. registration permits for the person purpose of amendment information gathering as well as to defray any additional costs that may come with communicating with short term rental owners trying to get them back in compliance with. Leding a lot has been said but not everybody said it but I do want to take a moment to go over the do's and don'ts of this bill what this bill doesn't do it doesn't affect the mill a municipality's ability of collecting taxes information gathered that information that was sent to us by definitely said that claims that over a hundred million dollars of statewide taxes have been collected by short term rental since twenty eighteen the first initiated act occurred to ensure that those there's a level playing field long short terminals as well as the hospitality association this bill does not affect the ability of an H. away P. O. a or community covenants from limiting the use or ability for homeowners to exercise a short term rental in their neighborhood in their community additionally this bill does not limit the ability of municipalities or counties from creating ordinances that really regulate behavior on all property owners. What this bill does do is helps realign our state statute with the Arkansas constitution Arkansas Supreme Court jurisprudence and affirms the rights of property owners in the state of Arkansas it does allow for information gathering responsible permitting on short term rentals it does offer recourse for municipalities to remove short term rentals of the there are repeat offenses and are and or if they have cost heinous crimes this bill does protect our neighborhoods from transient guests who we all deem as dangerous and not wanting to be in our neighborhoods. And this all this bill also limits the ability for short term rentals to be used for adult oriented businesses that have no purpose being in our neighborhoods or communities in closing our cities and towns have long allowed for long and short term residential properties to exist as residentially is residential zone to use the right to sell or rents once property has long been recognized in our state constitution in our court and is considered incidental to ownership this bill ensures these rights were made equal among the residential markets and the quiet enjoyment of all property can and should be addressed using the police powers last and I want to make sure this is the point that I close with that I want to firm that you're in today this and indelible fact that property ownership is fundamental to our all our Kansans and trying in our constitution it is not a privilege handed out by government and with that I'll be happy to questions. Okay College any questions. Seeing none what's the wishes of the committee. Motion to pass all right we have a motion to pass any discussion on the motion. Seeing none all in favor say aye. Those opposed say no. The nose habit. next up will be house bill sixteen sixteen. Representative Cavenaugh. Please identify yourself for the record. You may proceed. Thank you Mr chair of Frank Cavenaugh district thirty. Thank you members. We're gonna have days although here. This is an amended version of the original bill thirteen fifty nine and because we made so many revisions to it because this is agreed upon language we just filed a new bill so it's a long build but it's a pretty simple bill so I'm just gonna kind explain it to you. What the agreed upon language is is that in. For five years nothing's going to change but in five years the cities and counties will have the option to go ahead and publish on a independent website there notices all their notices with the exception of delinquent taxes and certifications. And when they start to print on the website they will still have to go ahead and print in the paper where they can find it at and it will still be a third party website that will be the R. F. P. and stuff will be handled through the A. L. C.. And that's essentially what the bill does this long because a lot of different notices. But I'd be willing to take any questions. Okay we have some questions a representative would occur you are recognized I thank you Mr chairman thank you represented for working so hard up. Mr rhyme I were discussing something did you say this is an agreed upon bill yes we work with language between city county local and also the up press association thank you. Representative Dalby you're recognized. I think represent Whitaker S. my question I was wanting to know. And I just hadn't had a chance to talk with representative Cavenaugh as to who all agreed to it and if the parties were all satisfied because I have had. Lots of folks and I don't hear from a lot of people in my area who did not want me to vote for this bill and I was just wanting to make sure that everybody is now on the same page it's agreed upon language well I say everybody's a hundred percent happy all the time but usually on these compromise bills or not but it is great upon language. Represent shows you're recognized. Representative Dalby got. Representative right you're recognized. Well on the same line of question is before I appreciate all of your work in trying to. Broker the peace between everybody involved here I guess my question is not so much on that the language is agreed upon I love my interest is in making sure that it stays agreed upon and I think there's some distrust among the the interested parties here that they may not necessarily while they're saying they want to abide by it right now that they may not want to stick to that a few years down the road so I would this is not necessarily a question for you but I would like to see all the entities at least come to the table and and state on the record that they intend to abide by the agreement yeah and just for the record I want to say is my intent not to come back in two years nineteen and that this is the agreement and that's what we need to stick but that is my intent I wanted on the record that that is my idea so thank that but it in time you can ask anyone to come down but I want to record that that is ninety thank you representative Cavenaugh. Represent college you're recognized thank you Mr chair so I I guess I'm asking the same question but I want to ask a little bit different why is everyone on board with the bill because there are several different parties here and my understanding is that not everyone's on board some people are still strongly opposed to this. The only known opposition that I know of is going to be from one newspaper in central Arkansas that's only when it's reached out to me and I'm sure they will be here to speak against it but the press association is the one that helped us actually work with the language and they spoke to their board members and their support and that so some parties are in agreement but not everybody verisign when you have over a hundred newspapers I don't know if you're going to get every single one of them but we did work the language with the press association and they agreed their board voted to accept okay. Representational to recognized. I understand that all the newspapers I mean lord there's no way we're going to get all them on the same page my concern is more about the cities in the county. I just come like to hear from just. Them tell us yep we're on board with this and we're this is nothing against you I just this is been such a contentious bill I would just like to hear it yes we're on board we're going to stick within you're more welcome mass those questions to and I'm sure they got people here to come to the table but I just wanted for the record that this was the agreed upon and that my intent is is agreed upon it I'm not coming back in two years yeah I'm I'm not question your yes whatsoever yes I just like I agree representatives from those organizations yes. Russians. All right to say no more questions up we will open it up to the public right now. Patrick's stare is speaking against the bill. If you would please identify yourself for the record. And who you represent and you may proceed. Thank you need to turn the microphone on also yes there you go. My name is Patrick ster I'm from North Little Rock and I represent myself. From what I heard when I say may be out of date. Thank you Mr chair for letting me speak on H. B. sixteen sixteen I spent almost forty years in the computer field but the last thirty seven working for state agency with the last twenty years or so being responsible for the technical functioning of the agency's website insuring its accuracy rely. Based on my personal and professional experience I have three specific problems technical problems with H. B. sixteen sixteen first websites brick links stop functioning files to get misplaced internet connections go down and many other technical problems can occur with the result of a useful web page becomes unavailable sometimes for a very long time. Second computer software is constantly changing Leding ten compatibilities between a website and the PC and browser attempting to read or download information from the site keeping anyone website compatible with all browsers on all PC users is an unachievable task relying solely on a web based publication of information means that some people will have ever. Third Arkansas remains of four and rules state and internet connections or not readily available for all residents not to mention the patches of high speed broadband connections the state is still struggling to provide good internet access and service to all our residents as with the previous issues this means a relying solely on the web based publication information will prevent some people from accessing that information. I understand the urge to save public entities the expense of publishing these notices in a newspaper but I can guarantee that these notices will be unseen by many perhaps most people if they are only posted on a website. One compromise might be to require that notices that were posted only on a website must be briefly noted on the publication giving some indication of the title and subject in providing a link to the online notice or even better to place for all current public. In the absence of a modification such as this. The Bill. I would otherwise ask that you vote against this. Create your testimony now speaking for the bill Martin today. Judge if you would identify yourself for the record and who you represent you may be. Mon okay good morning Mr chairman I'm Marvin day of cricket county judge and I represent the a county judges association. once again I'll try to be brief I've got a thirty minute speech that I'll I'll say in two minutes of thank you representative Cavenaugh for a for working as hard as you have on this bill I know it's been hard in a and I sincerely from the bottom my heart appreciate what you've done you Mr chairman we this is been out of a interesting for a for a new guy like myself in an interesting debate getting two to the point where we feel like we have an agreement that we all can can live with you know yes I can honestly say is there some county judges that that wanna poke your chest out and say no we this is a great deal and we could have done better and and there's newspapers are going to poke their chest out and say no we could beat these these guys back what this is a fair deal and and we're all you know we all say Hey we we want to work this together in and try to transition to common sense of having the option we're not mandating anyone to leave the newspaper we're just saying Hey if this makes sense to you to be transparent for your community you can use that as a tool as an option of that we're not making anybody leave their newspaper if that's really what's best for their community and and and being transparent with the people that they're there to serve so that that's really what I had to say I'm I'm sure there was some of the things I was told to say but I've forgotten so I'm sure you'll help me get those out. Yeah. Seeing no questions we appreciate your testimony thank you all. Now speaking against the mark lane. If you would please identify yourself for the record you represent you may proceed. Good morning thank you my name's mark lane I'm with the Waco newspapers also the Arkansas Democrat is that all of our newspapers I'm here representing has been found in newspapers ranging from size of the Arkansas Democrat Gazette down to small newspapers such as the Camden news. Printed newspapers of apps and websites and have readers in all seventy five counties in Arkansas. Thank you for providing me this opportunity to share why this bill is not in the best interest of our Kansans in fact it's a lose lose lose bail our Kansans lose newspapers lose and in my opinion the government loses our company simply cannot acquiesce in good conscience it's wrong today is gonna be wrong five years from today. Our position of transparency remains the primary reason this bill is flawed and yes it's also about the money. One house bill thirteen ninety nine was presented a few weeks ago representative Dalby request that a fiscal impact study very smart request when we heard it was completed in about forty eight hours we were shocked something that we thought would take weeks or months was completed so fast the study totally missed the mark and failed to answer her request however it showed a ninety four thousand dollar savings and in a two year period. Ninety four thousand dollars and a two year period the study failed on many fronts including a lack of consideration for societal and economic impact you to newspapers closing. If this bill passes newspapers will close. Employees will lose their jobs. What is lost tax revenue worth newspapers for the state and newspapers themselves. I will tell you the decrease in transparency caused by this bill will have consequences will be felt throughout the state if you lose your local newspaper stated some statistically noticeable increase in government corruption increased taxes increased cost of borrowing through bonds. Is that what's best for Kansans. We've been told this bill get the paper five more years to figure out a business model. With all due respect we've been fighting and modifying or business for years and years we've not been waiting for five more years this bill gets passed I'm not being dramatic when I say it'll be the final straw that broke the camel's back and you put hundreds of our candidates out of jobs and newspapers will close. Without legal revenue no newspaper in Arkansas can survive. This bill is wrong today as I mentioned before it can be wrong in five years is an anti transparency bill the revenue for newspapers we just as important in five years as it is today in fact it'll be more important five years from today in the previous hearing there's a question raised about how much revenue being lost and how big of an impact would be to a newspaper for the Arkansas Democrat is that in two thousand and six or total legal revenue compared to all advertising revenue was only three point six percent of all advertising revenue in twenty twenty two was twenty nine point six percent that's not because legal revenue has grown the fact that is not and we've only had one single digit rate increase in twenty one years June first two thousand fifteen it was eight percent and twenty one years like all businesses are costly dramatically increased over these past twenty one years yeah rates remain very low loss of an additional twenty nine point six percent revenue into the and today would be catastrophic and what company would invest in the future if they knew for certain that in five years that have to close our doors none would invest in your business. Frankly there's no need to change current law before trends that and notice you should be online companywide their approximate hundred seventeen thousand our cameras that read our newspaper in our various formats. In addition we know embrace the people go online for news and information in twenty twenty two we had seventy seven million visitors we had two point three million page views are digital and a digital websites why is this important for you to know we combine our print and digital reach its a true multimedia reach a provides unparalleled access to all our cans we had remaining ninety plus newspapers across our campuses Arkansas rather this is a massive region transparency. That's why in addition to print for years we already place every public notice under you to replicate apps or websites and statewide run website by the APA we're doing this because it's the right thing to do for our reader and for Kansans they are free to the public and do not require log in username or password so if we can all agree that all notices published on online and on and on a statewide website. And that we're already doing both at our newspapers and what's the real motive behind the bill. Is there a major flaw to consider as a gentleman died before me just mentioned not are on all our candidates internet access today nor they nor will that in five years we have first hand experience with this lack of internet and phone cell phone service across state. When we were training subscribers and all seventy five counties on how to use an iPad to read about the newspaper we often heard that either didn't have the internet or they cannot afford it before the same concern from several legislators. It's important that you know that we've tried to compromise in a meeting with the AC back on December twenty first twenty twenty two they want to work or to be added to the bill which is what's in there currently we suggest the word and be added many newspapers and a government run website we felt that because it was just added additional transparency and everyone wins. Placing some notices on it and on a newspaper and some of the third party website just be more confusing for Kansans. What do they get the notices when they get the notices. But this this was rejected within offered to amend the bill make it law in addition to print all the rest is published on the statewide website run by the APA and the teachers paper must promoted to all our Kansans. This was also rejected. After was made crystal clear to us that was all about the money we offer a generous government discount would guaranteed savings of hundreds of thousands of dollars we were told in a in a meeting that all of a sudden it wasn't about the money this offer was also rejected. You understand how important public notices are to newspapers even the smallest newspapers we offered this discount this discount to the after the public notice to the government many newspapers that even at this discount we might have to close our doors. It was a hundred percent of the public notices revenue for sure they will close their doors we've heard this bill save taxpayers money in the last hearing representative ray asking very smart and on point question yes that the counties were gonna refund the savings back to taxpayers you may recall the answer that he was provided. Frankly I should say non answer it appears representative Cavenaugh and Association of Arkansas Arkansas counties have one goal and one goal only get notices out of newspapers including our website and a statewide website you're simply no good reason for the bill let's just kill newspapers and administer and parents see exactly In fact on Wednesday morning on March fifteenth in the hall capital it's my understanding the Josh Curtis and Lindsey French with AC told representative at the APA it's just that this was no longer there bill and it's not only a capital bill it's also my understanding that representative Cavenaugh asked about John Curtis's comment he did not not he did not deny saying it. But he did say they were just joking. I would hope that you would find that as appalling as I do. I frankly it's not a laughing matter this is serious and with a lot riding on your decision today. We suspected the AC's motivational long but now we know with certainty what their intentions are again it's not clear. Have you read section one sixty nine and house bill sixteen sixteen the state that that that that's affected January first twenty twenty four basically this allows almost should be placed on a third party website in addition to newspapers for the next four years. For taxpayers will be paying double. So much for saving money. Perhaps a fiscal impact H. be completed determine if this makes any good business sense. I think you probably already know that answer. They have no intention of awarding the business to the ATA statewide websites or newspapers or the newspapers website as a third party site. In January twenty twenty four because they already exist so what the need for a new third party website. I'm I'm finishing here folks thank you for the latitude of time newspapers are truly independent from government and the public already knows what it the newspapers in addition the counties already know the cost of the notices in the local newspapers there's no financial or legal risk I continue published in the newspapers newspapers websites and statewide website. Finally this bill states the new third party website what will charge a commercially reasonable rate what does that really mean there's no way today that you can answer that question and know what it's going to cost to run this website and all the individuals in all counties and all the cities to manages business. Newspaper charge lowest rate and as I previously mentioned we only raise our rates in twenty one years I would hope you agree that that's reasonable. It's simple when you boil it all down it comes down to transparency public notices will be hidden on unknown third party controlled government website our candles will be less informed and they will not know how the government is spending their money. The money potential money saved as a drop in the bucket work actually costing more because of the committee I know costs and potential lawsuits. Killing newspapers. We provide a vital service to the community and thousands of jobs will be lost. Question is is our Kansas and our Arkansas. That with newspapers or the newspapers. Before you that I respectfully ask you possibly just a few seconds without reflect my testimony. Oftentimes may feel a certain way about a certain topic will present a different factor different Plainview it can perhaps change our our our thoughts thank you very bill person to do this even at the risk of an alienating their peers we respectfully ask you do what's right stand for transparency and vote against this bill thank you. Would you be willing to answer questions absolutely. Representing mac when you're recognized thank you thank you for being here I had a quick question for you you said that your yes seventy seven million visitors to gently can you tell me the difference here distribution from like your digital not just subscription but your digital reach versus your printer reach certainly. So just at the Arkansas Democrat is that uh home delivery on the Sunday reach fifty two thousand seven sixty two readers in the papers correct that's right that's that's reader. That's readers we reach out eighteen thousand three hundred seventy six single copy. So a total of thirty one thousand one thirty eight read some form of our printed addition could be a digital replica. Okay okay that's just the Arkansas Democrat is that in Northwest Arkansas we have twenty thousand seven sixty two readers. The reader newspaper on Sunday still copy with three thousand three and twenty two for twenty four thousand and eighty three. So for a total of a hundred thousand nine or twenty eight. Then when you add in the news the better news the pine bluff commercial hopping send the records Texarkana is that that's where regional approximate hundred seventeen thousand readers in Arkansas. It is in addition to our digital reach which is that which is the number that you're just mentioned this act. Okay thank you you're welcome. Okay seeing no more questions we appreciate your testimony thank you so much. Hey up next the speaking for the bill is Diane of. would be. If you would please identify yourself for the record. Thank you for your. As of with the Diane or Deanna which one would simply. Okay I'm sorry what. I am. Okay I'm the an assembly I am with Little River County and I'm also with the of thanks for special session. I'm not going to repeat what the judge they said I totally agree with him on that I am going to speak on the availability of the paper in Little River County. The Democrat I have been a member for years and years the however I am additional only I do not get a paper print you will not find a paper in print of the Democrat in Little River County not a service station not Walmart not being delivered to a home they have purchased the Texarkana Gazette I do also subscribe to that I do get a Texarkana Gazette however all publications that you're looking for notifications or not in the Sunday paper. We do not have a paper in print of general circulation we have a little local paper that is pretty Hempstead County it is not sent to our homes they do drop them office businesses you can pick them up there so even if I were to pay for something that's not a guarantee is going to be on a Sunday print on. And the techs can exit. When I do a. Put it in I do put it in the little journal paper and I post it. This just out there for people to pick up if they can. Not all people can get out and pick the paper up. And. In addition to that you know if. If they're saying that the the Democrat is available to everybody Ditchley it is it is but there are so many that do not receive a paper digitally. And I know that before they said bill if you're under forty you don't count. My parents can't they do not get a paper they haven't had a paper since Texarkana Gazette was purchased by the Democrat and went digitally. So just that being said just keep that in mind we're having to I'm being forced to put mine on a website and when I have tried to contact the church can exit to put a ad in or anything else I have actually. Try to call the number under the ads in circulation I have tried to reach out to them through email and have never got a response from them and that is for the county and that is for my personal business and with that I would just appreciate a good vote. I see no question we appreciate your testimony. I'm not showing anybody else to speak against the from overlooking please identify yourself right now if you would. If not the rest we have is speaking for the bill to die and would be. In my getting it right. If if it's okay first should be because the please come up. Three please identify yourself for the record and. Sign would be North Little Rock city Clerk and keeper of the records and I would like to defer my time to Marquese possible that I would also like to ask for a favorable that thank you so much yes. All right to speak for the bill is Steve backs. Okay. All right thank you. All right I I I see that that saw the public testimony I have in my overlooking anyone. Yes yes. Of please identify yourself for the record. And who you're representing you may proceed. Good morning markes on the executive director with the Arkansas Municipal League I'd like to first thank representative Cavenaugh for diligence and for the committee's time and patience as we study the issue. A I would remind the committee that the bill has a five year phase and so there's plenty of time for the business models to adjust it cetera I've been the executive director for five years I don't anticipate going anywhere unless I get fired which I hope I don't for any time soon and I can assure you that the levy is absolutely fine with the bill it's been a of a difficult path but a good one to go through sometimes it's hard to to get to the right place but I think this this does it and the cities and towns in Arkansas which are four hundred ninety nine the clerks mayors council members at center are all on board with this we think it's the right thing to do moving into the future so you have my personal assurances I think that was what was asked earlier that there's there will be no attempt by the league to come in here and do something in that five year period other than to work diligently with all the parties involved try to get as much transparency as possible. Yes thank you Mr has I guess I guess I just want a little clarity on the point we're asking about earlier does your organization intend to abide by the the five year agreement that everyone's reach yes are okay thank you. I see no other questions of. Yes see no other questions. yeah I see that. All right I your dismissed appreciated as well thank you very much. Okay representative shall direct you're recognized I would just last like to ask the same question. Does anybody representative and the so changing the counties would come forward at this time. Please identify yourself for the record you represent and you may proceed. Thank you Mr chair Lindsay French with the association of Arkansas counties. Okay representative sure you're recognized. Yeah I have I just want to know is usually a lot of your life would be. Okay I just want to ask the same questions of of your associated with we lost to me I think I lost you there. I thank among your hot okay okay I can hear. Okay of yes I would I would echo what director Hayes said we have no intention to come back within the five years span of this bill to change anything okay. Thank you. We appreciate your testimony there. Okay Representative Cavenaugh you ready close. Thank you Mr chair in closing I just want to clarify some things that were said. In the bill it doesn't take away the ability for a city or county to decide to go ahead through even after the five years to published a newspaper it also puts it in there in a language that was actually an amendment that the press association asked so that newspapers would still even after the ability to go to a website would still be considered a legal notice so that was one of the amendments that we did make for the press association. And as far as the talking about section one sixty nine I'm not sure what bill he was reading but section one sixty nine has no dates in it so I don't know what he was speaking about. So one sixty nine. Covers lots of things but it doesn't have date Senate one sixty nine. Talks about commercially reasonable right published on the website give the definition of website independent third party website that will be selected by legislative counsel it goes in and talks about publish notice of publication maintained it for three years generate proof of publication gives all the things that they're going to need to be able to do at the end because what if the independent website is selected things that need to happen it goes in and say they legislative audit determines advertisement is not been handled and it gives a section of a way that a new website can be chosen it talks about a quorum court will have to in city council will have to publish once they go to website and weird Act in the ordinance. A shall not be valid if it's not published for three years so. I don't know where that data came from that he was looking at he might've been looking at I prior bill I'm not really sure but just for clarification. They can always print to the newspaper that way they can communicate to the people that they their constituents in the best way that they feel is the most effective way to get a hold of their constituents doesn't take that away is still be considered a Legal notice this gives them the option to go to a website after five years. With all notices and this is important with the exception of delinquent taxes and certification notices. So even after five years they're still getting. Delinquent taxes and certification notices in the newspaper. It is a one centralized website to make it easier for people to find we did not seventy five different websites so that's why we went to one so I just wanted to make sure that in closing that that. Misspoke was corrected with that I would appreciate a good vote and I make a motion to pass. I have a motion to pass in any discussion on the motion. Represent college you're recognized. thank you Mister chair I I just you know it's been probably all said but it's been sent over to meetings that were few weeks apart so I I just want to say I think that that doing this would be a very unfortunate very short sighted decision we're lucky in the state to have a robust free press not a lot of other states like Arkansas have that we pretty much know what we'd be doing with this bill I mean this will kill newspapers in our state of a set as much and I know it's you know not every newspaper has a problem with this bill but the biggest one by far and the biggest several really represented by that same company are strongly opposed to this and they're opposed for several reasons one of which is a loss of transparency you know you have the the proverbial fox guarding the hen house but beyond that I mean they're pretty Frank about how this is going to ruin their business and prevent them from having the confidence to invest further in that so I mean we would save some money for our cities and counties I recognize that there's value in that I don't discount that but what we've done for decades is is have this language in statute and is papers have relied on what we have done in building their business model it's not something that you know we are not blameless and as a legislator nice and state and so we know we own it we own what we doing statute and it and we on the reliance that they've had in building their model around what we've had in statute for this long we're about to jerk it away and we're about to disrupt the business model in a way that will make papers on Senate so obviously I'm in no but I would urge you to also be a now recognizing. There are more important things than just saving a bit of money and in this case keeping our free press is just about as important as against. Okay any other questions. All right seeing none. What. All in favor say aye. Those opposed say no Is habit. Okay. We have to. Representative Holcomb. Representative Holcomb. Representative Whitaker. Representative would occur votes hi. Representative Cavenaugh. Representative Cavenaugh votes by representative rye. Representative have oats No representative Dalby. Representative Dalby. Representative berry. Representative berry votes II representative Collins. Representative Collins votes No representative McCullough. Representative McCollum votes No representative McGrew. Representative McGrew votes I am representative ray. Representative ray votes I'd representative Hudson. Representative Hudson votes No representative long. Representative on. Representative Schultz. Representative Schultz votes No representative Berks. Representative Burke's folks yes representative macalin. Representative macalin votes yes representative Richardson. Representative Richardson. Representative Hodges. Representative Hodges votes yes representive Andrews. Representative Andrews. The motion has failed. Represent OFC you can identify yourself for the record and proceed with your amendment state representative RJ Hong District eighty one Collins I bring to you an amendment today on on the amendment at all it is doing is adding co sponsors representatives and senators on the amendment. Okay. Any questions. You saying none I have a look. Represent editors motion to adopt the amendment okay I have a motion to pass any discussion saying none all in favor say aye. Those opposed say no to you maybe. Calling to bring you House Bill fifteen seventy two today is to prohibit certain types of local regulation on underground gas storage facilities fuel retainers and related transportation infrastructure we've seen a trend of banning fossil fuel infrastructure that's emerged across the country over the past several years and is begin to focus on the transportation sector I'll give an example in Tampa Florida in Tuscaloosa Alabama resolution was recently filed a proposed to ban all new fossil fuel infrastructure by the year two thousand thirty which would have affected major petroleum terminals and provided gasoline across the central and southwestern portions of the state since that time of the proposal which did fail states like Florida and Alabama have adopted similar language to House Bill fifteen seventy two to ensure the reliability of transportation fuel infrastructure throughout their states currently in Arkansas we consume six point one million gallons of gasoline and diesel per day that equates to about two point two five billion gallons per year just here in the state of Arkansas this legislation is necessary to answer to ensure cut a consumer choice will not be limited this legislation also promotes and all all the above strategy for transportation fuel and does not prohibit or restrict the implementation of infrastructure these are all market based choices and lastly this legislation recognizes the affordable reliable and sustainable transportation fuel is dependant upon infrastructure networks in our local boundaries. I do a day colleagues what we're wanting to do with this bill is is not to put a limit on gas to if if a city or county is known to have a gas station we don't want to limit that we don't want anybody to come in and say no you cannot put that gas station in that properly zone that the city or county has already zone for that area but also on top of that if an existing structure like a gas station is installed we don't want ordinances to be put in place to where they are forced to put an electric charging stations and things of that nature on the existing infrastructure and that's all this bill does And with that I'll take any questions. Any questions Committee. Collins. Thank you a representative talked you said you don't want there to be any issue with zoning business owning a local decision I mean go to municipalities have control over their zoning and they're still gonna have control basically what we're we've seen I've had people reach out in the north eastern parts of the state and they have gotten some push back from like a city based on a certain part of town right to where they say in this part of town you can have gas stations you can have tanker trucks and we have whatever in that area and local city council members a quorum court members is that we really don't want you know even though it's only for that we want this to be plan for something else and so what we're saying is that you're not to be able to do that anymore if if its own for that and somebody wants to come in and put that that gas station in that spot they're gonna be allowed so quick follow up it is there any city or county that is doing this thing that you're trying to preempt not not currently it is it's been talked about but it hasn't there's not been a band currently the state thanks. Any other questions. Okay seeing no questions. Okay we have no one signed up to speak for. Tschumi up I apologize. Representative Holcomb you're recognized Mr I dislike here miss municipally see where they're at on. Okay with the municipal league please come forward. John Wilkerson accounts of the Municipal League as the Reserve heart mention there's there's no city that's doing this that we know of so there's no we've got had nobody reach out about the bill none of our board members it asked to take a position on the bill I obviously understand their concerns zoning but are the musically has no position on the bill. Okay. Okay any other questions. Representative Mike Dillon you're recognized thank you just a motion at the proper time. Okay any other questions. Seeing none I have no one signed up to speak for against the bill. Close for your bill I'm closed okay. represent Macklin you're recognized. We have a motion do pass any discussion on the motion. Saying none all in favor say aye. Those opposed say no. Your resolutions you pass your bill thank committee. Okay up next we have a house bill sixteen forty one representative Beatty. Please identify yourself for the record. And you made. Representative power Beatty District ninety five good to be back with you committee I actually miss this committee deal with some some interesting topics and some lively debate of today I'm here to present house bill sixteen forty one and it should be a there's no known opposition to the bill basically what this bill will provide it is some consistency when dealing with politic agreements in the polity grievance or payment in lieu of taxes on at a lower in taxes utilized in economic development projects and basically what this bill would do if you go through the the two page bill is one it will make certain that assessors are provided a copy of the policy remain an adequately describes the property for which taxes will be abated the second part is that it would have the county collector then send the bill for the taxes to the business the business would remit the tax back to the collector and then the county treasurer distribute those funds to the taxing entities in the county so no no no opposition is agreed upon language I just provide some consistency on these Polidori minutes right now there's no requirement that the assessor receive the agreement that propriet provides and identifies the property that will be abated on taxes so it just establishes a set of rules throughout the state I would appreciate a good vote. Okay committee is there any questions. Seeing none I have no one signed up to speak for. Are you closing closed and thanks again for welcoming to Committee we we do have a question. Thank you Mr chair simply going to ask for a motion at the proper time. Right. You are closed yes Sir representative whether you're recognized moved do pass I have a motion do pass any discussion on the motion. Saying none all in favor say aye. Those opposed say no I pledge to a pastor bill thank you Mr chairman thank you Committee. Okay UP next the representative will clear house bill sixteen thirty six. May proceed identifies that may proceed. Thank you chairman Rick McClure representative Rick McLarty no mon name this morning district twenty nine. Our house bill sixteen thirty six is to correct a localized problem. A couple years ago we were here and we had a city and water system that went bankrupt the water system was separate from the city and placed in receivership. The repairs needed on that water system was much greater than any of us anticipated so here we are two years later were grant money has been used in the system is and much better shape but much more work needs to be done this system serves approximately seven hundred fifty residential cost customers but forty seven commercial customers with an estimated two point of over six hundred employees so this is a vital water system to our area so what this does is allow the The water company that has been that has received from the Q. bankruptcy judge the ability to issue bonds to go ahead and get this water system up to speed and if we have any questions I might ask someone to. All right any questions. C. nine. I don't I don't have anybody signed up to speak for against this bill. Your clothes for the bill yes Mister chairman I am closed appreciate a good vote. Representing enters you're recognized motion to pass I have a motion to pass any discussion on the motion. Saying none all in favor say aye those opposed say no. Congratulations you're patched thank you. Okay I lists a moved to house bill seventeen oh three representive Andrews. I understand you have an amendment. Okay. We will present your amendment hold on here let what we passes man out. May proceed thank Mister Robson waiting Andrews District ninety eight. members colleagues thank you this amendment we're just adding a couple just changing couple words in here on the bill. To the bill but it just adds changes from time to travel time the reason there. Clearly the sections. Get your clothes for closing the connection to document okay any discussion on the amendment. Seeing none what's the wishes of the committee. You get a do pass yes all right all in favor say aye. Those opposed may proceed thank Mr. So also seven zero three When I was really original draft the bill there was a problem with some of our men and women that serve two roles in uniform who serve as firefighters and also served in the National Guard or any type of military reserve components such as. in discussing people we decided to expand it to our law enforcement as well. S. person with the problem special with the fire department employees was firefighters. most apartments are given a hundred twenty hours per year for drill even what not and that was that's not enough and so it's their contender on vacation time and other personal leave time what not to serve their country and so I think it's sensor serving two roles uniform I think it's rifle that we give them one more time you look in there it's a hundred sixty eight hours. And Which quite about fifteen days a year what you call for like firefighter schedule what not And most of the most they can bank is double that in a here's my time. In the same time is also given to our Of course monsters as well. President bill that I'll take any questions. Representative Hart. Thank you Mr chair and I'm asking this because I'm genuinely not sure if I know this but How does this interplay with the existing federal laws governing military leave for state employees and thinking of you Serra and some of the other military leave laws I just wanna make sure that we're not doing anything that would inadvertently limit the amount of leave available for that firefighters and police who who need to utilize it this isn't taking leave away this just give more days. And I yeah I know I understand that I just wanna make sure I had did you have anybody look at the federal laws to make sure that this is. Not giving less days than is available under federal law. I do not look at federal law okay. Represent Richmond you're recognized. Richardson I'm sorry I apologize not a problem thank you Mr Speaker you don't let anything like that. Sometimes I think I do so um yeah thank you Mr Speaker I just a kind of a follow up on represent that's the question the sailors and soldiers family leave act does have some impact and I'm I'm a little concerned with that as well so is that something that we can look at another sailors soldiers leave act is only applicable if they've been activated under certain circumstances so I think it gets a little complicated and I would just bill cut more comfortable make sure that we're not either one precluding them from being able to take advantage of that or to. Detrimental to already in contract rather to existing federal law so is that something you'd be willing to look at and the apple the yes I would bill what we'll look at that I do know love this we're going for here is adding language under title fourteen Arkansas Code there is an existing code in title twenty one of Arkansas law And one group the are you that this might be. Just doubling up in law but Title twenty one the second twenty one dash four dash two twelve talks about that extended leave time or what not so I think this is just code to find some other stuff as well but I have not looked that sailors soldiers Act definitely want to look at it more. Yes. That we can make some amends on soon as well. Yes so you be willing to amend that on the Senate yes Sir okay permit thank you. Any other questions. Okay seeing none we have one person signed up to speak for the bill in re more. Right is not here is anybody what will speak for against this bill yes. Please come forward and identify yourself. You speak for the bill okay. Please identify yourself and who you wrote who you represent and you may proceed. My name's Wade Marshall president Arkansas professional firefighters. I think I can address the represent Hudson and Richard rich of the for this bill this would not add anything to alter you Serra one of the issues we run across in the fire service is the way work these twenty four on forty eight off four of forty eight on Senator off schedule those are actually more days than the average worker works so for example a firefighter. Regular schedule works two thousand nine hundred twelve hours in a year a forty on pool would work two thousand eighty so when you look at how many more hours you work the same days that you Sir allows all for a four year employee get really wrapped up in a firefighter schedule where they have less time so then they dip into vacation days and unpaid leave after they reach that statutory limit that is really geared towards forty armed police. Okay thank you. All right the I have no one else signed up to speak for against this bill. Is. Okay a. Please identify yourself for the record in the represent. I thank you Mr chairman Josh Curtis Association are counties not speak for or against the bill on a command represent Andrews for coming to talk to us yesterday about the bill we showed him a couple other code sections of the reference here today the only and and he amended the part that that we had a little bit of trouble with out of there but. One conflict still is currently all county employees with the your sheriff's deputy or you know work for the Clerk or whatever may be the code says fifteen days and this would change it to a hundred sixty eight days representive Enger said he would amend that on the the senator said he would do amendments on this and then we just want to work with him and want to be clear that we have bedded this bill with him I think misleads good with that as well so I'm just speaking on the bill if anybody has any questions. J. C. no questions we appreciate testimony. K. Singh no one else to speak for against the bill you ready to close for your bill. I'm closed and I make a motion to pass. We have a motion do pass as amended as amended okay motion do pass as amended any discussion on the motion. Representative very you're recognized well it this request in. Now or or do we have an agreement to amended again. Get it on the sanity and all work must as sponsor will get amendment done make room make concessions make everybody happy. Just kind of concerned women. You get somebody in. Change what we've agreed to here not for sure Mr chairman we. Is amended on our end and bring it back you want to it wouldn't take very long. Hello help to. Thank you get confused on the other end sometimes. Just a suggestion I don't know whether the. Put that the motion or refuse to agree to do that. Amended on this end and bring it back to us I don't know whether you didn't have time to do that yet we have done a lot of time to amended on the sun. I I can't answer that question for you I think you are you committed to an amended on the other hand yes okay I I I think at that point we've been taking honest. Just comment. Seeing none all in favor of the bill say aye aye those opposed say no. Okay. Congratulations you're patched your bill thank you don't go anywhere near up next house bill in sixty seven. Mr up please identify yourself for the record and may proceed thank you Mr president Andrews disk ninety eight house bill ten six seven and Mister with your permission I'd like to invite away March when that happens the tables will yes go ahead bring my. If you all would please identify yourself record. In your may proceed after that. Thank you so colleagues don't know modest member during this bill begin a session representative let let them identify yourself and then state of way Marshall president Arkansas professional firefighters. Ben Hammond fire chief shared fire department may proceed thank you Mr so I said you know monitor number saying this bill begin a session we've gone back and I've made several amendments on its changed changed title I know some people had some issues with and what not We've gone in and make one of the changes and the. But it's different stuff I think we need to remember that this this bill you know it's it's not strictly prohibiting residency requirements for fire for fire departments this modifies the requirements of them and it puts in there from protections on employment as well which I think some concerns were brought up before then so on like Turnitin I guess here. The thank you Mr chairman members of the committee the The bills we bring forty firefighters I am alive been torpedoed this committee over the principal of a local control. I read that there's probably one principals Americans it's more important low control as personal freedom. I'm from selling County retired been fire department. some speaking on behalf of slain county residents more than I am firefighters installment potential residents the young guys are graduating from been Barrett bauxite army Grove that are a. May I get hired and stay Little Rock fire department four people from Little Rock that may choose to come to we'll. Enjoy our high quality life and sling County Our good schools places raise your kids maybe grew up there and an impending residency requirement. Could limit that freedom. It also this bill would also protect if one does pass that any firefighter that currently lives outside the jurisdiction wouldn't have to move would be given a time constraint to either move or find a new job. Also the ability to. Work. Where you want and live for you won't is important to us specially independent minded guys like or cans and. When a professional firefighter lives outside its jurisdiction using a voluntary he does. Provide a high level of training expertise to that volunteer fire department I think Chief Amazona testified of that. Thank you chair and committee Mr Marshall is right out of bills almost gonna call captain for guys retired but he's always kept in me I guess he's right so my time in the volunteer fire service led me to signing up and applying for a career a fire service job which I've spent now twelve years and I absolutely love it proud to say my eighteen year old son just made the same decision he spent six months volunteering in our community and said that I got to have a little bit more of this and so I was fortunate enough to get on a career fire department and when I first got started in the fire service I didn't quite understand all the complexities of it but now serving as a full time fire captain four ACT fire department as well as a fire chief for a primarily volunteer fire department I understand the value that people who dedicate their careers to the fire service can bring to a community who relies on people to volunteer to show up for those calls and much like way just mentioned I'd. It would be detrimental to our fire department and shared in Arkansas I can't speak for all volunteer fire departments but I have spoke to others around me that say if we you know if people in this community lived in this community if they had to move away or if they couldn't live here to help us volunteer in our own communities and bring that experience in that you know that time it would be detrimental to volunteer fire service I assure you But this probably goes without saying but I'm gonna say it anyway the reasons that we serve. don't have anything to do with where we live I get up every morning I have to go to a twenty four hour shift at four forty a leave my house at five twenty I get to my fire station at six o'clock hi Sir for twenty four hours I get off I go back home I serve my community there is the fire chief Leding thirty five men and women who work full time in a different capacity but provide their services to us as a volunteer I just got off shift this morning at seven o'clock after twenty four hours and once I leave here I'll go back on to my city where I can help them serve and I probably do so proudly lead other men and women that do so and I wouldn't want that opportunity to not be presented for me or for the citizens of the city that I served. Thank you all for your comments I just and I just want to reiterate reiterate NO. This is a personal freedom bill you know I understand the local control of arguments. But again I just wanna consecutive this is a free country will live or will live and work or want to work and just like these guys here I'm farmers as well I serve on full time department as well as on volunteer department as well until now you know when I believe in Little Rock several times I've missed structure fires from a volunteer department because I'm certain people in this role but. I think the fact is there are some protections in here for you know this this not saying you can't do a residency requirement the commission departments are course exempt there's mother exemptions yours well when they're on your own given a take on the vehicle or something like that. So I think it's a good bill. For any bill and With that I'll take any questions. A representative would occur you're recognized thank you Mr I thank representative Anders for making changes to the bill I do have some questions there on sept in Page one. I'm looking and part of section one but serve be that'll be at line thirty. Read as a residence requirement for municipal fire department may be established by ordinance resolution for fire fighters are persons applying to be a firefighter only if the municipal fire department well it's three things that would accept it one of them sub read B. three barren line thirty six carried over the line one of the next page says uses part time paid firefighters and firefighters who are paid an appearance fee. So my question is does that mean if other an otherwise. A lot if if I'm offended if an otherwise full time. Fire department. Sees this law passed committee just add up some part time paid firefighters and I am paying parents either one or two guys in get out from under this law. Technically yes but this that for lawyer volunteer departments you know they they future up to call they might give you ten fifteen dollars for that but basically gas money Says boulder apartment the line above the line thirty five there is volunteer apartment for so. Don't let number three item is basically just no definition for volunteer department okay thanks. All right. The representative bear you're recognized. Thank you Mr chairman. You guys the you I respect all three of you don't know how much that I do and. And the people in this room due to for what you do. But. I don't think that there's the city in the state of Arkansas. Whatever. Fite what y'all do and and I believe in but I am totally a local control orders. I believe the. The questions and responsibilities belong to the smaller. The smaller towns like we're talking about in. Taken that local control what you from there five five local firefighters I just have a problem with that could you explain to me how that would work in your sociais Haitian with the small low. Smaller cities and towns. Thank you represent very I think the best answer that I can get to that is this language even what representative Whitaker reference even a weak spot in that That needed to be in there I mean we can't. Say unless this person does this would be unlawful but with every cabbie ought that allows a residency bill is based on one thing that's allowing those smaller apartments to provide service to their. Citizens of we're not tailoring this bill towards a Batesville for example city Batesville. Has a smaller departments and smaller city smaller budgets you can't adequate staff. A smaller department. Two. Fite the kind of fires that they'll still face without callbacks callbacks when you call somebody from their home. Our timely you would want somebody living in Little Rock ground Batesville catcher of industrial structure anything like that far. So. That has allowed them to do that and it has exposed vulnerabilities Law like represent later spoke that's important that somebody that has a combination for me. Where those responses if they could atleast after fire department. Then they would not need to read as a quorum Little Rock. Would have to be very will it be a disaster it's on the national news if of the rock and have a call back. Thank you probably speak to it but it's tailored to the small local control that allows them to do that but if there actually staff and don't need a call back that. They're not forcing or is a requirement on their current employees or the future employees thank you Sir. Can I can I say something represent bear out I completely understand what you said in that you know you're you're all for local control and and in my opinion this bill provides guidance for that local control to say here's how you can continue to have that local control without depleting the fire service and without causing you know lack of resources or diminished resources down the line I saw I think that this actually helps cities who need to say. How can I maintain my local control and still provide adequate fire service that I need I think this provides some guidelines for that actually in understand what you're saying but. At the end of the day you shouldn't the. City be able to make that final slowly. All right of that final slowly. Yes Sir I would say that. It goes back to personal freedom that if the city limits. Where somebody list where they want to work my parents who time either of House one first generation of latchkey kids or my folks drove the Little Rock everyday. So there's a lot of people if you look at I. thirty that's what's three lines now coming into town and the traffic's backed up and I have to leave thirty minutes early what only would come Little Rock but those are people that used to live where they want to live. And private companies don't put those kind of restrictions on so why would the government put those kind of restrictions on their freedom and. Thank you Mr chairman allow me to ask several questions there apologize for my information. No problem. Get like this session yes record representative Holcomb you're recognized thank you miss your represent mentors this this this this basically saying that a a municipal cannot put any restrictions on where someone can Leo how for out or anything like and is my correct in that yes. Okay that that's a real issue another thing you know. Let's talk about that so there's protections for people who are currently employed there they want to move outside so your county or somewhere else that we're free to do that but also in the bill it does have a specific place nurses when they go to hire someone they can give preference to someone in that county or county adjacent to that council. Thank you Mr. Representative college you're recognized. Thank you Mr king clarifying what what represent managers just said it no restrictions at all from the municipality is that right you know just clarify what what exactly is allowed under this. Because I thought there were some restrictions that could still put in place under this amended version all to us okay this does not so this one section of services this section is not like most of our Arkansas policies concerning the use of the vehicle owned by missile fire department by firefighters who is not on duty or firefighters to based on their sign all required respond to emergency or call them certain specific period of time. So under those policies yes like its number one and also their fire chiefs if they choose to have their cheese live in the city yeah that's allowed. And they can also give correct preference to a person living in addition counting okay yeah inside a county or discount anything else says instead of Arkansas as well okay just in case you know if your text cannot live in Texas if you just wanna hire all the taxes on Arkansas side. Thanks. Okay seeing no other questions we now have will go to public comment. Have been Hammond you're already up there do you we're searching I'm all upset I don't. Okay then I'll call up with John Wilkerson so would step away. The adviser for the record do you work for. Sir I John Wilkerson accounts of the Arkansas municipal league First of all I touch on control I know we I say it a lot and that's obviously the mantra of the municipal league in the cities and towns of Arkansas but I also understand that sometimes there's limitations that legislature would like to put on that low control for various reasons I will also add that public safety is probably the number one thing that the state is entrusted in cities to to do and to to do well and this of course the law control our ability to control our own fire service I think it's pretty high on the priority list of what we do as cities in that public safety around this bill limits our ability to have that little control over over fire departments I don't believe there's a lot of cities I'm I'm not sure there's any cities that have a residency requirement right now it may not be a good idea for any city to have a residence requirement there may be problems with staffing and right now but there may be a time when we're when there's not a problem in a city like I said last time the city would wants to hack to even preferring to have a firefighter live within city limits I will touch on the the preference real quick the bill unless I'm missing something the bill does not allow for a city to have preference for someone living inside the actual County what the law says it or the bill says is I mean if a fire department may give preference to person applying to be a firefighter who is a resident of this state or a county adjacent to the county in which the municipal fire departments located which means that if we're not fire department wanted to prefer someone asking council for the for the fire department they couldn't do it but they could refer someone Grant County Perry County or Faulkner county or White County or I may be missing County but those adjacent to class County and then we can't refer anybody outside that range only that ring not the actual county and no one outside the resort for further limiting disability of preference to those adjoining counties. Two two Mr captain Hammons point about volunteer fire departments something I never really thought about until this bill got filed we discussed it and one of the things that I talked to Matthew Stallings about who is the the representative of the firefighting units a little Oxnard firefighter I said well what about what about we say that any residence requirement could not be imposed on a firefighter was also a volunteer firefighter for the area that way we could protect that volunteer fire service Mr songs not inclined to agree to that but I thought that was media of a decent idea to to try to protect what meant what captain Hammons admirably doing for his per his area again this is this is that it prevents us full time fire departments full fully full time fire departments from having residency requirements or even preferring to have someone live in the city again I'm not saying it's a good idea for every city but I am saying there may be a timer city says this is in the best interest of the citizens of that city I think it should be left this public safety decision should be left to the city's. Okay okay we have a question for you real well in the first session. Representative ray you're recognized. Thank you Mr Mr wachsen I know a lot of debates that we have in this committee do revolve around that question of where do you draw the line on local control for state control and then beyond that there's federal control. With that and I agree with you on on matters related to legitimate. Public safety that I think that is certainly under the purview of local government I guess I'm wondering from your perspective to me it doesn't seem like where a firefighter places their domicile as long a it but I don't understand how that makes them more effective firefighter how that improves fire safety how that makes can you explain that because it as long as they can meet the requirements that of their job based on their domicile I don't see how that improves our enhances public safety or fire safety well one of the points that Mr Marshall made was that if if the Department adequately staffed there's no need for residents requirement that may be true again that's a city by city decision what is not adequately staff who gets to decide what's adequately staffed what is the city says you know what we we need more firefighters closer to town so we can have a quicker response rate I mean again we can't even preferred that let our firefighters with or to ask the council or county firefighters with Faulkner County so I don't know the answer your question because you know I'm not their day to day for cities but I do know that. When we start limiting cities ability to make decisions and especially the public safety space I think we run the risk of making decisions right now for a city for the next however many years and so I don't know what exactly would be beneficial but I can see a city so I do want someone living close to town I want that investment in the community or I want someone to you know you know the streets better I don't know what the answer would be but again I think cities in Kansas city should be able to make that decision for themselves okay thank you Sir. Seeing no other questions we appreciate your testimony thank you. Now speaking for the bill Seth rainwater. If you would please identify yourself for the record who you represent you may proceed. Hi my name's Seth rainwater I represent the Arkansas professional firefighters in the Eloranta professional firefighters as a president emeritus also serve Eldred as an assistant chief of the fire department there or thank the chair in the committee for allow me to speak today thank representive injuries run this bill for us I will speak about this in a different manner because I've been on the job L. rated for twenty years and of those twenty years I have lived under a living restriction put on by the city. I can't tell you when that restriction happened but I can tell you that a good friend who was a firefighter in the fifties and sixties that retired from other radio when he came on the job in nineteen fifty four the living restriction was there and it was a two mile radius get live within two miles of the city when I came on in two thousand and three was twenty five miles get live within twenty five miles of the city limits of Everett and I've seen firefighters my department terminated for violating living restriction. what my whole my whole team tenure as the the president of the other a fictional firefighters I spent trying to extend or eliminate our living restriction I can tell you why I knew a lot of reasons why. And I can tell you the reasons why the city and the city council and even our civil service commission opposed it and that's easy for me to explain we found that what we were having is we live in L. radio Union County it is the largest a county size was I believe in the state so you could actually live forty five minutes from the city limits bill rate and still be within Union County. we eventually had to are living restriction expanded to thirty miles or the in Union County we fought to me ten years to get that in December the civil service commission voted to eliminate our living restriction and January the first we no longer have living restrictions. I pulled the the cities in the State of Arkansas that have a local and local organization the union organization we have twenty eight of those in the city and there were three that had eleven restriction L. radio Texarkana and Malvern Texarkana no longer forces there's because it limits your recruitment and that's what we found one of the things that happen in elder radio it's a great deal to fantastic thing that happened with the old read a promise you're not familiar with the already promised you graduate Eldridge school district mark you'll pay for your child's college education great great opportunity but it also made the housing market in L. Laredo skyrocket there is me you know firefighters don't to they're they're not out there making millions of dollars and we found it was hard for firefighters to buy houses on the salaries they make an elder rate after the promise they could buy the same house intended magnolia or cross it at a much more affordable price but they could not do that because of our living restriction prohibited from living outside of accounting the other thing we know is that around our county there are lots of unincorporated areas like standard instead of small volunteer departments that have guys who maybe live on family land that want to work at a paid fire department but they couldn't because is that server living restriction and so we wanted to eliminate their living restrictions so that we can increase our recruitment tool read article firehouse magazine on Sunday which is a nationally publicized magazine for firefighters and said firefighter recruitment is down fifty percent last ten years nine we can all agree in this room that we have seen the job market be very difficult to find people who want to work the fire service is no different and we take our hiring pool and we continue to limit that pollute makes it even harder to hire firefighters we got rid of our hiring pool on on January the first are we got rid of our living restriction and we immediately hired to get from Ashdown Arkansas who is now driving deal rated fully certified state or city money because now Texarkana and living restrict. In L. rated did not right away right to that we hired a guy from Monroe whose wife moved to magnolia and that he could do more to committee for minor to magnolia but you can you tell the rada without living restriction we hired him right away fully certified didn't cost the city a dime and get started yesterday lives in Bismarck because he want to work for an animal service in a fire department the same time we do both and no other pay departments around him had that situation as Rick when we would come to our city and so we want to get rid this they would bring up call backs I've been an assistant chief my job as an assistant U. as I run a battalion of the incident commander at every fire when I'm at work I know better than anybody what it's like to not have enough firefighters on scene we shot with eleven eleven guys one of those amazing command once a proper pump operator I got nine guys to fight a fire when fired really bad sometimes we have to call people back in from their homes to work in the five years I've been assistance you've done it once one time about a call back ultimately it's not it's not the you know the call back system the guy should be allowed to have time off and the call back system should be used as little as possible ultimately it's really a numbers game to see to it that you have the right amount of firefighters at the right time there's no no great way to know that but I can tell you from personal experience I close that eliminating our living restriction has been a positive influence or fire department I believe our hiring pools going increase and because I harmful increases we can actually get fully staffed and actually helps the staffing problem thank you. You be willing to question absolutely. Representative Whitaker you're recognized thank you Mr thank you for your service thanks thanks to all the folks in the fire service indispensable to our safety. Are you saying that under current law the city of L. Reiter was able to change with the times and repeal that residency requirement to help you recruit yes Sir but it took ten long arduous years of of trying to do it and and there are many people who felt like it wasn't a good idea because they wanted people to live in the city but I argue that it's not the fire department's job to make a city palatable for people living in cities yup thank you. Casey NO other questions we appreciate your test thank you very much okay speaking for the bill is Joe Coppell. Joe if you would please identify yourself for the record and the representative. May proceed after that yes Sir thank you Mr chairman first well I I President of the arts street volunteer fire department as the chair of the commission I'm also a twenty three year firefighter captain and City of Little Rock I would like to apologize for my jar was out this morning so Joe if you would please identify yourself. Jett joke joke helpful okay. Apologize I'm up here to speak for this bill I'm the chair of the commission of a small volunteer fire department that is in an unincorporated part of the state. We currently have a a combination apartment as you see in the bill that utilizes paid part time plus volunteer firefighters. We a employ about fifty percent of our fire department is employed by other municipalities as full time firefighters as you've heard some these guys a already speak to a residency requirement in say Little Rock or another surrounding city where these guys work would decimate our of ranks additionally it would not allow me to serve on the commission of this fire department and I the reason I live where I live because my wife and I bought the house that she grew up in which is not in city limits so there's a lot of reasons for people live where they live you know but like a self mention family land you know just personal freedoms but I would like to touch on something that Mr Wilkerson mention about buying into the community and knowing the streets I like to mention that all the guys up here that are or have been paid municipal firefighters that's part of our job knowing our job knowing where we're going on what's going on in our communities where we work but also amenable to serve the communities where we live is vitally important and the. We work twenty four on forty eight off schedule for a forty eight on ninety six off schedule so we don't go home we we spend a third of our lives during our career in that community serving so up I would like to mention that you know that's what we do we do buy into the community we do risk our lives for those communities and for those citizens which are so I just wanted to touch on that I want you to understand that when we're on duty we're going to do all those things and when we're off duty we just want to live where we want to live and also serve those communities. Thank you. K. C. no questions we presaged test along. Okay I'm not seeing anybody else signed up to speak for against this bill. So representative and ridge and ready to close. Thank Mister thank committees I think laws been said about this bill One thing that Mr Wilson said He missed more may you know that it may is different than shall start requirement they may do it you know they're not alone their feet are not held fire on that you know most fire departments are going to hire people who are qualified and and generally if they're from the area and another area of the parking it preference over that anyway. but again this goes back a personal freedoms goes back to live where you want to live and work in serving the communities re fit best. And with that Mr I'm closed. And I want to make a motion do pass. All right we have a motion do pass any discussion on the motion. Seeing none all in favor say aye aye those opposed say no. The eyes have it. Thank. Okay next up we have Senate bill three seventy four. Residential so I think it's going to present the bill. Please identify yourself for the record you may proceed after that. Thank you Mr chairman representative Marshall's District twenty eight. This bill come from the traders association and it's it's really pretty simple There's four sections to it and those sections or primarily just amending and modernizing modernizing a lot of antiquated. Wording procedures that type stuff. That's really about all there is to it. Representing college you're recognized thank you represent so could you just other than just the wording changes can you just kind of tell us a little bit more about what it does. Well like I say there's four sections here. Secretary I might be best buddies call of a witness ninety five better than I can. I don't wanna explain it wrong so let's get an expert okay please identify yourself the record who you represent you may proceed. I'm Selena Blair Columbia County treasurer and I represent the treasures Association. we just went through some of the statutory laws and look at some of the language a lot of it was outdated so we updated a lot of that language made it a lot more we've got twenty five new treasures company and so we took out a lot of that outdated language tried to modernize modernize a lot of that language and make a lot more To where they can understand their job and understand what was going on Let's say we took out a lot of the language that just said money and change that to revenue. That was in section one. And then section one And if I could just follow up on and I understand there's a bunch of language changes and I'm not too concerned about that cleanup stop or other substantive changes were the only substantive changes that we made was in section four five and six the distribution we change that from the date being the thirtieth day of the month to the fifteenth day of the month there's no Action to that if you say we gave until the thirtieth day of the month but there's no need to make that to the thirty it's when we have the modern. Way of doing that we have excel programs now that we can Put that in there and it automatically calculates so that we can get those distributions out in a more timely manner so now we change that to the fifteenth day of the month. Okay any other questions. Seeing none. You're the you're dismissed thank you thank you. Okay give me. Representative very you're recognized thank you Mr chairman up. This is agreed to by all parties I'm sorry and when you make your introduction but you are you with the county treasurer subjugation yes Sir I am a county treasurer from Columbia County and I'm the president of the association okay NO there's probably a silly question but. All the counties or agreeable to this yes Sir okay even the like the county clerk's that is the distributions and in my county action the distributions from my County okay and then of course the school districts and the cities and all will be very glad to get their distributions because there were some counties that weren't getting their distributions Telemus later so now they'll be getting their distribution a month earlier. My County treasure's then my county judges are not local they're not gonna call me after. We both that CNN question me why voted for they shouldn't. If I day you called me and I have I'll talk to. Thank you Mr chairman. Right. All right seeing no other questions you are dismissed thank. Okay. Got anything further on the bill I'm close now make a motion to pass we have a motion to pass any discussion on the motion. Seeing none all in favor say aye. Those opposed say no. Driver's license yet benefits. Up next we have house bill fifteen twenty eight representative McKenzie is he in the room. Okay we'll pass over that right now Senator me achievement representing me House Bill sixteen oh eight I don't see him either. In representative. Johnson he was presenting a bill trying to get here. But it appears he's not going to make it. at this point I think we will probably recess in trying to hear these other. After the session ends today. Without objection.