City, County & Local Affairs Committee - Senate

The four Senate bill four fourteen members get and then for senate bill four fourteen so let's that passed out in center yet to remind everybody gone into table and just briefly explain in a minute to members. Senator Patty you're recognized for cedar Spanish of the imminent. Thank you Mr I know before we recess to we were implored to go work out an amendment. This segment this amendment is not that amendment This amendment is is a was a catch and the of the language that basically detect when when when there is a detachment of the annexation and you you do that is in compliance with the detachment requirements as part of the act as opposed to. The the language that we had in there originally so that's the extent of the amendment all right members you for an explanation amendment are there any questions from committee. Say no questions about a motion they're Sullivan second Senator Hickey all in favor say aye. Those are and it's been adopted. All right with that would ask I appreciate everybody that was here for this issue for this bill that stuck around this afternoon I know you all have busy lives so we do appreciate you taking the time to be here so with that and ask all the elected officials and city officials from apple come back to the table and the representative hawk missed you last time someone asked you to collectors will make sure your voice is heard. And we're gonna start with representative Paul today I was gonna ask you to you know mostly spoke several opportunity to speak but it's elected representative out of the you to close title Committee certainly want to hear your respective on this so with that representative talk about you be recognized procedure comments. Speaking against yes Sir thank you so much committee thank you Mr chairman it's not customary for a sitting legislator to speak against a fellow legislators bill and I don't take any any joy in doing that today however this could be one of the very last public meetings ever held culminating in a vote that XNA board authorities will ever face if this bill passes I just like to state that again this would be one of the very last public hearings that XNA would vote would ever face for a public hearing and a vote if this bill passes. I want a healthy safe affordable airport for our region and state I've worked with them in the past on some bills I live near the airport that's what I would like to see as well. XNA says they're at a disadvantage with the city and this bill gives them equal leverage to negotiate however currently XNA is the largest employer within the city. And they generate sixty percent as we've heard of the sales tax revenue collected within the city sales tax so that's a pretty strong leverage for any entity within a city. This bill helps XNA D. attics or detached from the city but there are already laws governing the annexation now. As we've heard they require public hearings with no enclaves created within an annexed area. And a vote of the majority of citizens to approve the annexation. They have a way to do that now this bill gives accident and the ability to de annex at any time by a majority vote of the unelected board by submitting a petition to the county Clerk thirty days of mediation and the declaration that no agreement could be reached. So XNA can walk away without any vote of the public at any time of its choosing at this two gaps. Great leverage over the city. This bill would require the city to allocate all sales tax generated by businesses that the air power port toward the repayment of the current bonds we've heard from our Bondevik's Spence's approximately eleven million dollars I know they also have a dedicated funds by which they receive grants federal and different ones dedicated for certain operations much like the city does as well however the balance after expenses of fifty two percent were allocated to depreciation and amortization. Financial statements are very difficult to find and not generally made public. so it's very difficult to know what's that account looks like as of last week XNA emplacements were seventy two percent of the employments at Clinton national airport and predicted to exceed Clinton national airport in eight years so we know this is a growing region and a growing airport and we want a strong healthy affordable airport. XNA says Bennett Washington counties could levy a tax now on the citizens and however to avoid the tax to be voted on by a majority of the voters within the two counties they are saying they need this bill to take the unprecedented step to create an autonomous taxing commission to operate with no oversight by the state of Arkansas. The economist taxing commission could establish stacks not to exceed three percent which is a one percent increase from the current two percent sales tax we've talked with them about that and they said they're not sure they're going to do that why else do they need this bill to set them up in order to do that if they don't want to do that or need to do that that should not be in this bill. This tax could be levied by resolution a majority of the seven elected members without public hearings or vote by a majority like it would have to happen if it went to bed in Washington County voters both counties just rejected a one eighth cent sales tax for our county jails by a majority of people in both counties so it's very difficult to get a sales tax passed increase passed in Benton and Washington counties I have three more points. XNA says the member of the citizens of Benton and Washington counties on the airport that the current fourteen member board of authority represents the region however we've learned it doesn't represent the city of Highfill on its board of forty five cities to counties and two members nominated and approved by a majority vote of each city council informed court would be changed only being appointed by a mayor or a county judge once again no election by any elected officials so here in it's elected by seventy six members of a city council and a quorum court that's going on with this bill. The taxing commission would be selected from among those fourteen appointed members without any vote of the people currently northwest Arkansas community college trustees and whacked trustees which is a similar public institution providing services are elected positions by the people if they increased our rates or taxes or tuition it has to go to a vote of the people to do that for taxes school board members city council members justice of the peace as you all have said you've served on city council to served on quorum court you have to be elected to do that job if you are an XNA board member you do not have to be elected to do that job you need one mayor to appoint you for one county judge and from those members we don't even know if it will be fourteen in the future because the bill doesn't really state that or what governmental units will be a part of this they will select among themselves seven on elected members of the taxing Commission this bill creates a power that only the state of Arkansas currently holds and that is the power to not only collect sales taxes but to also collect all individual business data. So last session we ran a bill. Cities are asking we need more information on it with our state when you remit the sales taxes back to us to cities and counties what are the different categories so we gave them more. Aggregated finer detail of all the categories that goes away when all the taxes go directly to this taxing Commission they will get direct information from each business within the airport for their agent the bill also says the tax and commission members or their agent. The bill also says there will be no oversight or authority by the department of finance and administration when sales taxes are remitted that means the state will lose the three percent that they like to hold on to for taking care of all those sales taxes collected by all the businesses within every city with every every County and they remit it back they keep three percent of all that sales tax money for the state coffers we won't see that the state won't see that. The XNA board will see that that'll be another three percent increase in their taxes so that's a double tax they will be receiving back. Last but not least this bill does not help prevent fraud and misuse of taxpayer funds unfortunately several former state legislators are now serving in prison for colluding and misusing taxpayer funds for fourteen sets up a new system where by all sales taxes will remain within access on elected taxing commission. With no oversight of by the state of Arkansas through its current department of finance and administration like every other city and county has to abide by. I want a healthy thriving airport with low fares they need low fares I want low fares to I want fairness for the city of Highfill at parity with every other city in the state of Arkansas. With every bill we file we have to get a fiscal impact statement those little green reports there's no impact statement that came with this bill for the city of Highfill but if there were it would say this city will lose sixty percent of its sales tax revenue from this bill. The city and the airport can negotiate now and the city has tried. Why is the General Assembly being asked to step in and create an autonomous taxing commission which this bill does solely for XNA that would have no oversight of the voters of the state of Arkansas. Creating a process for to detachment that eliminates the voices of the people creating an autonomous taxing commission without any oversight by the state of Arkansas as a legislator I cannot get in this bill it says The General Assembly finds that this bill is in the best interest of the city and the airport. And in my mind it's not in the best interest of the city or the state of Arkansas it's only in the best interest of XNA and for every mayor and every county judge and every court court and counsel they are always having to make decisions based on what is in the best interest of all parties this bill does not require that and without fail thank you representive talk I think Senator I see a question. You're recognized. Thank you would you readdress. R. why did you address about felons former legislator for felons was that directed it to subcommittee no Sir it was not but not in any way would you that all of your first day the state what you said I will be happy to that all occurred with oversight by the state of Arkansas and committees and other agencies all sales taxes that went through went through the agency and the state of Arkansas this does not so for anyone that's trying to look at how to prevent any kind of a future. Fraud this is not a good system set up to set it thank you Sir for it let me clarify that will lead you to clarify that but yes Sir. Thank you Senator Rice. into questions from the committee. Try saying that represented fault thinking you're more looks at the table I know that they might have some other questions for Senator constituency or for my full When asked members before we dismiss this group is there any other questions more left off earlier this afternoon for the folks at the table. And by a committee any questions. Okay thank you very much for being here we appreciate a call Mr testimony thank you. All right not only do the same for those are here to speak for this bill and ask you all to come up as a group so I think we've got three or four that are signed up to speak for this so Tom Jonathan anybody if I see a seven M. Z. signed up to speak for you know four Senate bill thirty five would you have your interest as XNA so different bill but if this is the bill your want to speak for come on up. And we're gonna start here with the selection on the left angle road even if you will just give us your names and your positions for the record and be recognized perceive your remarks Mr Lester thank you Mr chair my name is Tom Lundstrum thirteen twenty seven Elm Springs road Elm Springs Arkansas I am a member of the XNA board of directors have been for about four years appointed by Jos of wood former Washington County judge approved by unanimous leave thankfully by all the members of Washington County quorum court so I proudly represent Washington County on the XNA board of directors I am keenly aware that I report to the county judge into the quorum court in fact the judge deacons are new county judge at my invitation in my counterpart Mervyn generalized attended the last board meeting and participated at the table with the rest of the board members during the meeting I didn't have any prepared comments in fact I almost deferred in the interest of time so I will be quick I'm really kind of a lost on how to respond to last comments. by the representative XNA and the board of directors especially the board is the most credible board on which I've ever served with the members of that board or illustrious members the community. XNA is a well run business created by the state of Arkansas through an authority act. That authority was never intended to be in an incorporated entity such as the city of hyphal in fact all went to great lengths to keep it out of an incorporated entity so that it could be located basically in a cow pasture in middle of nowhere. So to put that genie. Back in a bottle now that high full has annexed the airport. Really is trying to pound a round peg into a square hole. And trying to do things that act never intended. XNA is audited every year by Hogan Taylor the audit is rigorous. We're constantly audited by the FAA we're audit I believe by entities of the state of Arkansas periodically the books are open the board meetings are all open the board meetings are all live streamed there is no curtain being pulled there's no secret meetings. I would be happy to answer any questions past that but I'm really quite a loss after the last testimony. Thank you Mr mayor. All right Mr. Mr Sims. I had just introduce yourself and your name and then just assessment semi mess eleven Springdale Arkansas we have a business in Fayetteville and use XNA regularly I've parked my car in the garage each time I go they actually have a decent restaurant I eat almost every time I go and see my kids of course always want to buy some treats to take on the plane and that this is to think that the taxes that I'm paying in each of those instances is going to Highfill although I don't live in Highfill I never got a chance to vote on that nobody ever asked us that seems a little more objective the subjective the then the way I think it's been framed today. I realize how long as amended this today I also was not going to speak so I'm gonna quit now but I'm here to answer any questions thank you thank you Mr men's. Mr Barnett welcome good afternoon good morning good afternoon thank you all for the time to allow us to be here and and to hear our side of the story Jonathan Barnett solemn springs Arkansas. I've actually served on the city council and I was very young person I think I was nineteen when I was elected to city council I've served the legislature I've served I actually served once on it an elected body that serves this state I don't give a member of I don't remember that commission or what that was but I have served on that body at one time and served with a lot of you also thank you senator Petty thank you for introducing this legislation on our behalf and Senator Hammer thank you for your your co sponsors well. I actually brace north Arkansas northwest Arkansas mall Lifesong Springs and gentry and along flat creek which kind of. Start senate. Goes through some this area and Holland who was one of the founders of hyphal was my uncle so I have cousins that were racing high full of spent a lot of time as a child going to the Methodist church there in the bad research to really turn to churches to Methodist church the Baptist church so I spent a long time. Originally back in the early nineties there is this guy from northwest Arkansas his name was Sam Walton if you all knew that was and we had J. B. hunt we had John Paul Hammerschmidt we had a individual the name if you Baldy Lindsey who served in this body distinctively and now retired and his wife Carol we had former reporter with the Democrat Gazette his name was Scott van landing hand and Scott spent a lot of time down here a lot of you are way too young to remember any of this stuff but I unfortunately I'm older and and I've been there and done that and seen it so. We were there was a lot of talk today about the vote of the people and you know as it was when this airport authority was organized and it was voted on by the people that actually people in bed bill Springdale Rogers Bentonville Saddam springs didn't County. And Washington County voted on this to set up this authority so we were actually was voted on by the people now when this authority was set up the like Tom said It is a cal pastor out there so the the people out there really didn't have a photo because they weren't part of high school so there was no vote if you would actually have a vote by the people Northwest Arkansas today to the index the annexed you you would definitely get that vote because they're not you know it's supposed to be a regional airports way it was set up with the way it was envisioned and so we you know they didn't have a choice we were annexed not I wouldn't call it a hostile takeover per se but we and nobody had a choice if I don't and you might not have the answer to this do you and do you know just how many people voted to annex it was in there were is in the forties if you remember back on ABC twenty twenty John Stossel Baptist airport was being debated even with the FAA and with the general accounting office in central McCain came down and testified against it and thank Panetta was the actually the ministry at the time but of. that you have refreshments will publish a question you would exit with an exit Highfill how many people citizens voted to annex the you know the amount of twenty forty and fifty okay believe is correct and that just because I was referred to John Stossel he stood in front of that Happel sign on to twenty twenty and I think it said forty eight population behind and so I don't be a bill member that's been back in the nineties very something that happened that still sticks in my mind. The Tom said that you know we have fourteen members we have the I was appointed by beating county so judge berry appointed me and took it before the quorum court not received all thirteen members the vote of a quorum court so we're we're actually very close to those cities the regional authority that these four father set up included those cities and that that regional forty to go back including other cities would would would take a vote of the people of the of those cities plus it would be a very very large board because corpus Arkansas has you know the cities of all grown and we're we're we're much larger now so We we've actually I think we've been good neighbors to have full you know we the. We support them financially for a long period time within the next three four years you'll see that will have the airport access road which will be part of the Springdale bypass which will go from I. forty nine around the backside and tie back in the backside of twenty ten on one U. S. four twelve and so that airport access board will even bring more traffic into the airport and will continue to grow and did it should help the city of five four as well so I think we've been really good neighbors and you know unfortunately a lot of discussions that you all deal with have to do with money and power. And you know I I understand there could be some revenue loss for the city that was never these creators of this authority in this northwest Arkansas but was never intended for high full to come in and access it was not what they wanted never was set up that way but it happened and so I tried to call you all day and see between between this one and seven and you've already had been feeling good I wanted him to maybe have a colder too but but yeah we appreciate your time and your effort and the this is an honorable fight will take any questions so that you'll have to ask us thank you so much I'll start off with a common a question I just ask you to extend our or this committee's best wishes to senator Lindsey a who is a a great advocate for you know what let's Arkansas state of Arkansas and certainly a great reflection on this body And so we certainly our thoughts are with them as life and just wish them all the very best. Are there every recognized for a question thank you and then Mister Mister Burke I'm not forgot about you so we'll get you a what if if you don't care what we. Thank you Mr chairman mentor members of the committee my name is Brian Burke I live in Bentonville Arkansas lifelong resident I currently serve as an employee of northwest Arkansas national airport where I served as general counsel and director of compliance prior to taking on that role I was a member of the northwest Arkansas regional airport authority board of directors having served as chairman of that board appointed by the nominated by the mayor of the city of Bentonville and appointed or confirmed rather by the city council I am proud to be here today testifying this committee in support of Senate bill four one four before I get into to some of my comments so I want to take a moment to address what I think was an accuracy in previous testimony. The airport authority at XNA is made up of five cities and two counties each of those entities has two representatives on the board there are fourteen members not for this bill does nothing to change the composition of the airport authority board of directors it does nothing to change existing law as it pertains to the requirements of airport authority director so I do want to clear that up There's a little bit of a state of shock and awe I think to some of the presentation here today and I think you can be boiled down to this you're taking away our money. Not taking away anybody's money this bill would not do anything to take anybody's money away it sets the table for conversations to be had between a city and a choisissez municipal entity to figure out whether they can continue to co exist or whether some other alternative is needed such as detachment the effect of that if you were to play it out is nothing immediate for testimony today that hi FOR existing bond indebtedness would take anywhere between eight and fourteen years this is what I've heard to to pay off the existing sales tax revenues approximately equivalent to the annual debt maintenance so if there were to be a detachment the city of high for first of all would not lose anything. And secondly they would have an eight to fourteen year planning horizon to figure out whether they needed to take steps to accommodate the loss of that sales tax revenue. The other thing that you've heard today that I want to address is this notion of taxation without representation that's a flashy argument to make that's a trendy argument to make. The full scope of that quote though it's taxation without representation is tyranny. That's the quote. And I want to talk to you a little bit about. What that really means means that you don't have a seat at the table that's what the call is said if we wanted it if since we're talking about that let's let's have that that perception and hand. Northwest Arkansas national airport had no seat at the table when airport property was annexed into high school some property I think was annexed in nineteen ninety five but the bulk of it was annexed in nineteen ninety seven. After the reported already started construction XNA had no seat at the table when airport property was annexed into Highfill. I think that Mr Oliver talked earlier about how this sets a dangerous precedent in Arkansas where you start allowing unelected unaccountable officials to implement sales tax and sales tax implementation let me requires a vote of the people he cited a statute I think the statute he cited to you was Arkansas code annotated twenty six seventy five five oh three I think the statute he meant to site was section five oh two which says any city of the first class for city of the second class having a population of not more than forty thousand persons and it goes on to to lay out some things that are an important by an ordinance passed by its governing body. Not by its residents not by selectors by its governing body. So this is that's not how it works. The other thing and I guess I say that to say this we already allow taxes to be levied in certain instances without a specific vote of the people. The other thing I want to draw your attention to is the existing northwest or the existing regional airport Act which went into effect in its first instance refers first cart incarnation in nineteen sixty eight. If you take a look at fourteen three sixty two one oh nine it lays out various powers and authorities given the regional airport authorities as you go through that list if you look at I think he will come to the conclusion that they resemble very closely a lot of the same authority some flowers that cities have the towns have the counties have municipalities have. It's no different for regional airport authorities and this will put a regional airport authority in the position to be on par with municipalities and having those authorities and executing them but I want to draw your attention back to the taxation without representation that. If you were to look at subparagraph and I'll I'll read these off fourteen fifteen sixteen seventeen eighteen nineteen and twenty. You will site you will find the following authority or following powers given to regional airport authorities to collect and levy a tax. On aviation fuel sold it at an airport airports of the authority to plan establish develop construct in large improve operate regulate airports knocks Hillary Services to protecting police the airports of the authority to promulgate rules and regulations into and I'm paraphrasing to amend and change them from time to time regarding speed limits and parking and removing vehicles and collecting fines. All these things sound like things that cities can do. Through some through their elected representatives mayor elected by the people city council elected by the people the county judge elected by the people. Quorum court members elected by the people. Ladies and gentlemen the General Assembly is already said the regional airport authorities have these powers that can be exercised and implemented by their board of directors. So the idea that things need to be put to a vote of the air everyone of these little things needs to be put to a vote of the people. Including the sales tax including the development authority that argument simply misplaced in my judgment. Taxation without representation is Bergman ask you to kind of wrap this up we get to the yes Sir so let's get right to okay thank you. Before you broke for for the lunch for the recess you suggest that we get in a room start talking and I suggested those those those conversations will be had and will continue to be had but in order for them to be meaningful. The regional airport authorities have to have something just like in any mediation you have to have something that you can give and you have to have something that you can take away in order to have a productive meaningful discussion regional airport authorities in Northwest Arkansas national in particular has nothing that can give and nothing that it can take away unless you pass this bill and then we'll be on equal footing and we will be in a position to have hopefully productive comments conversations thank you. Thank you Sir all right now are there any questions from members of the committee Senator Hammer you had a a question earlier so we'll start with you Sir. Thank you share in the bill itself and I'm not sure twenty oh wanna answer this or the person the sponsor can answer but it has a petition for detachment the petition for detachment sets up what I interpret as a platform to bring in a mediator they can be ordered in the event that a resolution can't be have it between the two parties and is it Bills interpretation that's what that section is for yes Sir. Okay I started to say your honor this is what I'm used to it since the put me there The the eight to fourteen years as the anticipated what I call I'm almost say it's gonna be a soft landing based on the projected growth of the area. Has there been any calculations as to what the increased revenue would be because of the intense growth in the area that could offset what is being labeled as lost income. Not to my knowledge I will say that are in our in claimant's in the number of operations that we have in the airport had as been rising at a considerable rate I'm not sure that it is rising at the same rate as as as the population growth. But I'm talking about what the city would interpret as being lost revenue and an eight to fourteen year time frames I get my mind around it Wright with the growth in the area within the even the city. Is there any projection as to how much additional revenue may be created because of the growth that's being created by the airport to the city I'm an unaware such calculations I don't think the city I don't know whether the city of Haifa was made those calculations and if they've made those are not shared with us okay and there's one other question because it was mentioned earlier in testimony the issue of the flooding at the end of the airport having to go into rescue people I'm just curious can you talk to that as board members are you are you familiar with that situation was mentioned earlier today. I know that south on two six five state highway to sixty four at the site the entrance to the airport does flood occasionally I am unaware of any times where high school police department for fire and rescue's had to rescue any passengers is I'm not saying that hasn't happened I just am I am aware okay and is that the direct cause of the placement of the airport being there or is that just natural affect the that is a low lying area it is historically been a low lying area and I'd say that was just probably natural occurrence and the last question is why does the city not have a seat on the board what's the history is why they were not given a seat on the board or why would they not be given a seat on the board I understand about the five cities and just educate me as to why they were never given or why they would not be given representation on the board thank you thank you just wanna you will speak to that of speak to the I thank god for small speak to the flooding that occurs from time to time it's in the flood zone obviously the flooding occurs actually on the State Highway it's not a county roads city streets a state highway and years ago when I was kind involved in some of that we spent a lot of time out there with highway crews trying to improve that improve drainage and we did improve it without spending millions of dollars in which we wanted to spend towards their per airport access road did make a lot of sense to spend more money than what we did but the highway department has spent some time out there and has made improvements to two and then I'm not a lawyer here but it to answer your second question. you know the airport authority set up by the with the city's they're members they would have to do with that that the order would have to be changed to allow it in the other cities to be involved in this you want to add to that I would I would say that the cities that were in keep in mind the counties as well but the five cities that are parties to the regional airport authority when it was established we're probably the five. For lack of a better word five leading stakeholders in the northwest Arkansas region with respect to population and and other matters commerce and and and such as that but also each of those five entities cities in any event each of them has had an airport and so this was a way to kind of. Stabilize if you will what at that time was pretty significant territorial ism among Bentonville Rogers Springdale and Fayetteville. questions from center ice you're recognized for a question Sir. Thank you would you clarify for me would you read about the taxing authority that you say that is legal now. You read taxing of aviation fuel yes Sir. Where does it say that taxing on other things or. A lot. It does not. But I thought that's what you were inferring no what I was inferring was it is the regional airport act as it presently exists already contemplates a regional airport authorities would be able to levy and collect the tax on aviation fuel. The it does specify aviation fuel but my point was that it authorizes the committee or the authority to levy a tax without some sort of external vote of the people of aviation yes Sir that's what languages and I can I add to that the. F. A. A. controls for that tax dollar goes to on aviation fuel so at one time I think the city did try to do some taxation or get some of that revenue and and I think the person civil action litigation involved if they got involved in the if a consider that to be a revenue diversion sleigh stopped it so that state with the with the airport but that wasn't if a situation. regarding my previous question us is we we have different people in the table can you all tell me why. The city that the airport is San regardless that there the annexed it it wasn't in there at one time. Can you give me a reason that that there's not representation on the board or commission by the city by a bill which is the only city that the airport since. Senator I'm not sure I can give you a great answer to that other than to say at the time that this airport was planned it was intentionally planned to not be located within any particular municipality municipality the airport agreement was signed construction was the site was selected construction was started then annexation happened and why the mayors of the five cities in the county judges of the two counties back in the mid nineties decided not to Explore modifying or mending the regional airport agreement at that time to allow high school to become a member I cannot speak to that. And what I find a lot of times is when somebody doesn't have a phone call that a legal representation. It causes controversies and that's what I'm saying in this today is even though it might be a. Still a fourteen member border sixteen member board if you have two more people on their. They couldn't say they didn't have a voice on the board even if it was the majority against. Many times that that is a problem because people don't have a voice in the discussion Senator I will say the then county has two representatives on the on the board and hyphal risk is and been county they have just as much access to the county judge anyone else. I understand they don't always have the. It's way or the. In. With somebody else thank you yes Sir. Senator hammer than center right just a I want to follow up on a follow up to follow up with that is when you made that comment while ago about representation you were kind of cast a broad net that you agree of forty to determine taxation but based on your answers Senator Rice you are narrowly tailored to just being able to make decisions of taxation on fuel only I would agree that that's what the access center okay because that the way you present a while ago I kind of got to picture myself that it's you got greater authority to do that under the the taxation and representation the the second thing is I move your board members. So why would there be an objection to the curb board and what would be the process of the current board to be able to make allowances to add representatives from the city could you explain the process to me and what you want to speak an official or unofficial capacity what would be the resistance to adding them to the board I'll take for swing at that Tom LUNDSTRUM. To amend the current authority agreement requires unanimous approval of every member so each of the five cities in the two counties would have to unanimously agree to add or change any part of the agreement. So far we've made a couple of attempts to made my career made him make minor changes to that agreement we can't get unanimous approval to make minor changes to the agreement. so I don't know that it would or even could happen I don't know why at that point they would have a higher claim then Cave Springs or Elm Springs or any other municipality that borders the airport or has thousands of cars a day driving through it to get to the airport I don't really care whether there's fourteen members or twenty three members I don't know if you get better results the more you have but I don't know I can't see it happening and all seven of the members of the authority agreeing to increase the size of the board I don't know that's ever been explored. I would just appeal to use of sponsor the bill or co sponsored before saying it's. Its down to earth the thing even gets out of here that shall we put it on table for concerts has it ever been offered or considered before by the board to add the city is representatives and center I've been on for years and I've never heard of discussed now I just would encourage I think it would at least be a good thing for you all put on the table for discussion and then whatever happens happens but I think that option I to be exercised thank you. And I continue that conversation briefly yes past Mister Lundstrum just stated that all all five cities would have to agree to that and that's almost an impossibility but you have to understand that this is a so called regional airport that's actually in the city limits of powerful the. Do you have to counties have washing council have been county and there's there's a little bit of I don't don't wanna say jealousy but washing council would like to there is a fight early on as to where this airport was going to go there were the hearing center in this was the third location that was the during the first two were turned down one was in Washington County I don't think washing council would even even begin to entertain to take another been county city and then they would think that the representation would not be equal so I that's I just don't think that's possible but if it is with certain explore it. We've all passed bills down here before that we didn't think were possible shot at least like. Mr chairman if I might respond to senator Hammer. After spots that are ever on this zero senator I would like to clarify my remarks regarding the tax. I did not mean to suggest that the taxing authority that the retailer for sale thirty has is broad I mean to suggest that the enumerated powers that are listed in that code section requires I municipal in nature and yes Sir thank you Senator Rapert you're recognized for someone under Stubblefield countries are gonna continue down the path of of that statute that one oh nine. And just say if if if the city and I I do not personally disagree those those roads are on the airport road I grew up learning to drive on and I know in history that I have a fear that the intent was for that to be insulated from cities coming and I think the airport even the regional airport Act kind of insinuates that. My question is if if hi FOR never would of. That's what they did and what the I think what they did was just out of fear fear control fear of what they're forced to bring maybe you know verbal understanding that they're gonna sales tax whatever that was thirty years ago. If they would never have done that. Would you have a sales tax and could you think the code would allow you to implement a sales tax inside the borders of the of the airport authority that was not city levied. I think it's reasonable to assume that the act would have to have been amended to provide for that but again it in terms of the specificity and how is collected and how it's managed and and senator Hammer to your point regarding the specificity of of the tax on aviation fuel thing generally speaking there's a tie a constitutional requirement that taxes be specific as to what they're for and and how they are levied and to and to what purpose they are applied so from from that perspective I can see that the act would have to be amended even had Highfill not annexed the ex and a property okay with the with that in mind set forth can you think the one that when. The powers before us decided to write right this in the code probably not the different from federal language because the sixties were big time for airports. I noticed thank you have the ability to to levy bonds that's very very at any rated throughout the code and it specifically says you can repay those bonds by one oh nine sections fourteen and twenty like calls and different with that fuel taxes levied at pastor fees levied. What do you think the the insulated back then the ability to to levy a sales tax. But my concern from the beginning is like like I hi I believe the annexations as possible but the adding the provisions of the sales tax is is where I I'm just nervous because the other states that in the news of done in the past but no other regretting that the elected. Make decisions and to get that are wrong you gonna go through seventy three elected members to get the majority to get the majority. To make changes senator I I read in in preparing for the drafting of this legislation and some of the conversations that we were having with legislators and our board prior to and initiating this process read about the history of the regional airport in the regional airport Act itself and I was surprised honestly defined that it went back and as far as it did there was a lot of uh. It bill was heavily involved in a lot of the discussions regarding the regional airport Act itself and as best I can answer that question I don't have a a reward facing crystal ball if you will I would suggest that the reason that a sales tax mechanism and scheme was not drafted or not put into the regional airport Act is that nobody probably foresaw that regional a regional airport or an airport organized under the regional airport Act would would be an airport that provided commercial service that provided rest that had restaurants and shops and and places that sold things to people rental cars and and and things such as that that would be my my best answer I I don't know that I have anything historical that I can point to in support of that the. I think Senator Rapert Senator Stubblefield you're recognized for a question. Thank you Mr chairman. John you you did admit that you're gonna lead the tax. The. The regional airport Act allows regional or for authority to levy a tax on aviation fuel yes Sir are subject city admitted you can levy taxes why don't want to raise taxes and fees all other services rather than on sales which of businesses by. We don't have the ability to raise taxes on the businesses at the airport other than aviation fuel so you never raise taxes on any business is that there are. I will do it if you mean a business like a concession or rental car this. With the presently located in the city of Haifa we don't have the ability to raise to to impose a sales tax in the city of five full. Okay. All right you're more questions from the committee. All right similar questions German thank you for being here Mr chairman thank you thank you Sir. All right of center Petty you're recognized to close your bill. I just believe that I just want by. I'm glad this this this late in the afternoon it was lots of sense of humor. Thank you Mr chair jim Petty. The senator District twenty nine first of all I understand where you're at and I take nothing personal and I hope you do the same I said earlier when I don't think you were here that there's not an axe to grind I've not been pulled over for a ticket or anything like that so I respect that your statement and I hope you do not. So there's been a lot of discussion about taxation without representation I hear and understand and want to be sensitive to that to those concerns but having served on city council having been a citizen where we voted on these sales tax in the past through the years I know one of the primary selling points of these taxes or that the citizens of the community are not going to pay the bulk of the tax it's going to be paid for by those they use the service or that are traveling in and out and so one of the sales points is. Our people are not gonna have to pay it. Which effectively creates taxation without representation and and that's what we've got here most of this past tax Of is being. Paid for all of the taxes being paid for by this the the users of the airport unlike most other sales tax that we have so in this case it truly is taxation without representation those that use the and choose to use the airport they pay the tax those that don't do not so there is no representation currently and and under this bill And and in this case one hundred percent of the tax will always be assessed against those who have no voice on how the tax is spent hand and and the airport they don't have citizens they can't vote the board can't vote and so it truly is without senate bill four fourteen taxation without representation in this case if that's the concern. Then both sides have the same argument the time line there was some discussion about the timeline approximately nineteen ninety two it was formed the site was selected in nineteen ninety four the saliva the site that was selected was called Centerton it was not part of hi four at the time so I don't think anybody was trying to be deceitful in the selection process and it although there might have been there was annexation I don't think the airport proper land was annexed until nineteen ninety seven so I know the land had to have been optioned for a period of time prior to when it was annexed. I realize the bottom line bowls down to money and in this case based on testimony here today we've heard from families that agreed to sell their land for the airport we also heard at least some of the land was not in high school at the time when they sold we know that the population of powerful back in the early days was a hundred and five citizens I don't know I'm not saying that in any way that's your relevant to the seat at the table but the role of a lot of other larger communities and smaller communities that also didn't get a a seat at the table but the hundred five citizens and we know that the population based on the best current available data that we have is now approximately nineteen hundred. So from a hundred and five back in nineteen ninety five to nineteen hundred that's pretty significant growth likely because at least in part because of the airport. We also know that for twenty five years based on testimony today very little of the sales tax assessed on the airport users has gone back to the airport. And based on testimony today the sales tax has been used based based on testimony today the sales tax has been used to support the growth of hi full. Whether that be through extension of water lines or or whatever ever uses that sales tax has been used for that so they have received financial benefit for and in that case Sorry somebody tried to call me here. They have an opinion on this bill. Okay I know that when was in on this bill that's for sure so So the taxes being used to fund the growth in part of hi full. And and will continue under this bill will continue to fund the growth for at least eight to fourteen years we know for at least twenty five years. None of it is of any significance has gone to the airport so we're talking nearly fifty years before any significant money if they so choose to do so we'll go to the airport that's a long long time eight to fourteen years is a good long step down for working out any loss and I suspect with the continued growth in the area that there will be the ability I'm not sure who I can't remember who's talked about that there will be growth opportunities to to to step down that and so in fourteen years. This will become effectively a resource for XNA. Dalby gone unless they change term limits we're going to all be gone and so once this passes the and both sides can still for fourteen years have discussions if the big And so with that I'm done and I would appreciate a good vote and I make a motion to pass all right we got a motion on table I have a second for the committee. Okay a question a. Senator Stubblefield. Wish you know we're a lot of talking today about how small Highfill was when this all started. I could have a think about different places around the United States to watch so there's mailed California it went from thirty people's three thousand two. So. One with other cities five to have an airport in their districts. What will the city's five and not this season. I'm. Why would the city will an airport in the. City. I don't I don't know I I can't speak for for them I know the intention was. To not be a part of any municipality on the when the act was created and and the authority was formed center for you or after you. After a while it goes to because of the month. Yes because of the money I thought you meant in the beginning five for projects like. Because. Nobody knows of the hospital's gonna be ten years from now. How much it will be to manage the state loses. Nobody knows nobody knows the answer so thanks for civil okay so we got a motion this section. Discussion on the motion not a question for senator Patty. Okay. I just as I I let back into one oh nine a. Maybe some of the committee knows for improvement districts have taxation authorities that that occurred with a that's that's what general knowledge and this section of of of this bill that we're deleting. Is the improvement district that has the authority to levy the tax. And so three twelve a which the bill which the bill deletes constitutive forty or committee of authority is an improvement district to to to to build regional airport and to create operated primer District composed of the area encompassed within the jurisdiction of the participating governing bodies under petitions of protection of persons claiming to be a two thirds in the value of the owners of real property of the areas. So I just wanna make sure the president the senses we're deleting that we're just giving. Given the authority to levy taxes without representation that's that's ultimately the. To establish rules point that's. There's a reason they do this to generate taxes so they can nobody was the best airport I mean I I spent twelve years seventeen years in aviation world nobody wants to live next airport but cities grow towards airport because that's where the land is and then there's the FAA has so many restrictions like an upside down. Wedding cake we can't build certain structures certain heights just can't do certain things you gonna do with the lawsuit's of noise mitigation of bird mitigation and so cities require. Something and I think one thing I was hoping that would if that would have been brought to the table was a way to make sure the city Highfill was was compensated to some point maybe that's not their ability levy taxes but maybe it's it's giving them half percent sales tax for five years ten years while the growth does come that way because it is it is a part. That being said I just wanna make sure I have I wish I would ask that to the. To the board when they were up here but that's okay what's bills doing. Thank you senator. Senator discussions. All right we got a motion from the Senator Solomon a second from center the key hall in favor please say aye hi opposed. Motion carries. Thirty three okay local by Senator Wright. Senator Stubblefield. Senator Stubblefield votes no. Senator Hammer. Senator hammer votes yes Senator Solomon. Senator Solomon votes yes senator Mickey. Senator McCain votes yes senator Patty yes senator Patty votes yes senator Bryant. Senator Bryan votes no Senator Rice. Senator Rice. Senator Flippo yes Senator Flippo votes yes. All right Sir Petty resolution realize your bill passes thank you thank you Committee all right members for the bombing Ascano that's all members in here does anybody have a bill that doesn't regard airports alcohol gardens we'll pass. It It is. Go means that. What will ask you to go saying because we've got some you know the committee so you don't go anywhere to wager. Your bill to the rest of us are. It was that we. The art center Penzo what which will never. Senate bill. Four four all right members were taken up said bill for for the center stone with two U.. You're here with the rest of the Senate. Sure it will take that up at the end of the day. Thank you Mr Mr Senate bill four oh four pretty much just codifies an FCC rule we had a tornado in Northwest Arkansas to get a cellphone tower and it just kinda made everybody realize importance of ham radio or amateur radio to communicate during natural disasters there's some Municipalities that don't allow towers against the federal that CC rule that it would allow us to this just clarifies the state law. All right he per next question bill questions from committee senator Mickey. The western so this is basically. The FC you're saying that the FCC does allow the towers requires them to allow the towers yes Is palace of said no we're not going to yes this is pretty much puts the federal language into. Statute thank you. All right here questions from the committee. All right see you know questions three by Senator speak for against this. I don't see anybody. All right I have I said speak on this bill that senator Penzo you're recognized close and close and that is for a good vote. Right members centers close first bill with a motion and motion second center Bryant all in favor say aye. Post graduate centre Penzo thank you Committee. Per center stone you're on that friend. And you've got to follow him. It. Yes. Fifty year are you ready for me yes Sir you know dishes although you start with House Bill fifteen seventeen House Bill fifteen seventeen members. my name is Matt stone Senate district is the purpose of this bill the county that I believe in abortion shall County currently the sheriff has the duties of being a sheriff and tax collector they want to separate the tax collector away from the share and combine it with the office of treasurer there's no opposition in this mode between the sheriff and the transfer. All right reserved explanation the builder any questions the committee. All right. Any questions Senator questions or any by signed up to speak for against this bill. I don't see anybody with that Sir so you're recognized close your bill I'm I'm close I just appreciate a good vote our members who have a motion and a second all in favor please say aye. Opposed congratulations senator stone your bill passes thank you Mr chairman hold on a. Thank you Senator Stubblefield how do you think I share a quorum if I letter although there was a committee runner bill first. He. Not ms Committee devotes. Now after five PM Sir. What we point taken senator Wallace out there I saw senator will there is couple up your vote for. The distance that. What they hold will take all the time so we can get. All right senator to introduce yourself and you be recognized perceive your bill senator Dave Wallace district in nineteen thirty one in center I'm sorry I'm sorry this is a House Bill fifteen seventy one member's house bill fifteen seventy one members this is equivalent of of them agency bill our legislative audit team who works for us oppose this bill. It will help provide accountability for public funds and the General Assembly has passed various laws requiring audits of municipalities in restricting funding spending those of public funds. Legislative audit performs the audit for four hundred fifty nine of the five hundred disparities in only forty one have chosen to utilize a private doctor. A plus all the mist of water and sewer departments to that as well this bill simply gives the legislative audit committee the discretionary authority to withhold turned back funds in escrow for miss Patel is not audited by legislative audit that fail to submit their audit reports within eighteen months of the in the fiscal year. Additionally. The missed out as would lose escrow and all future terminate funds if the required audit reporter not submitted within the next twelve months so we'll give them eighteen months to get the auditors if they don't. Will hold up their money. They still have twelve more months to get the reporters of the bill will take the money. And with that I stand by for a questions all right members you've heard an explanation the bill or any questions from the committee. Per se no questions or anybody Senate speak for or against this bill. I don't see anybody semi sort of speak for this senator Wallace to recognize close your bill I am closer all right there is closed I have a motion to motion the second all in favor please say aye. Opposed thank you congradulations senator your bill thank you members. Senate bill what's your bill number. Yes. A. The the identical correction. To have the Senator Irvin the. The Bill. Cool I think Senator stuff so I'm assuring that are eligible for Judiciary. Okay is senator Ervin you're going to be running Senate bill four seventeen is that correct and we have a moment here on that yes and I. Thank. I'll be super super fast Senator Stubblefield. No. I'm. Twelve I know. All right members you've got a a copy of the amendment and I think Senator is pulling up article in the in and out of that correct. The amendment just clarifies some definitions and also just makes it super clear that we would be under the alcohol beverage and control every every ruled that they regulate would also apply to state parks. They're all the rules that apply to any other entity would also apply to state park so it's this language makes it very clear and then the house Hey this section in the the last part where they will come able to comply with the rules and how those rules are written and propagated. Sir have real questions. Thank you Mr I just want clarification the the permit holder is actually going to be the State of Arkansas or if it's a one of our facilities that is contracted to third party whose whose retaining the permit so I mean I was trying to explain the amendments but I can once amendments engrossed we can explain thoughtfully the bottle so we can I can explain the bill once we get that off the amendment if you would like and then I have folks some parks insure here today to talk about it as well as ABC. Yeah and they just want to the garden coming to the table and then we wouldn't members will get a motion to adopt a motion second all in favor dot the minute we say I've. Post all right motions but none that's been adopted Senator Irvin you would recognize proceed with your bill and yes please come up okay if the order is hold for these for folks from parks and ABC to come up and sure. Retainer by the table same time perfect thank you and go around and introduce yourselves and who you're with and then Senator Irvin to be recognized proceed with establishing your bill. Good afternoon Shea Lewis Director of Arkansas state parks. Yes Is Your microphone there yep sorry about that hi Jeff king deputy director of these divisions state parks great. Michael Lewis interim director ABC welcome back all right Centerville Arkansas proceed thank you members and so Senator Missy Irvin district twenty four and Senate bill four seventy two is amended what it does does is really allows for our state parks to have their own permits but allows for those regulations and everything that's in place for any other entity regulated by ABC to also apply to our state parks and the reason why this bill I think is very very important as part of the first gentleman's M. outdoor initiative to promote and attract more tourism and grow that part of Arkansas's economy and some happy to support this bill and and run this bill I think it's just really important that our state parks have the ability to to to sell alcohol on premise only and then if they have festivals that they would be allowed to sell alcohol during those festivals again I think it's very very important that we maintain the same standards would be applicable here add to the State Parks as it would to any other entity that is regulated by the ABC so that language for the Amendment was very critical for that process to occur and and to me I think our state parks are an incredible asset in the State of Arkansas it's very important to our tourism economy as well and they need the ability to generate their own income and currently you can bring alcohol in yourself and have it but they can't sell it and so it puts them at a disadvantage when they're trying to compete against other entities that do have permits that have the ability to sell alcohol whether no matter where they're located in the state of Arkansas alternative which is state parks to. Sure thank you the idea behind this bill is just to give us the flexibility to meet the expectations of our guest to Arkansas state parks close to nine million guests visitors on an annual basis and in operating the hospitality business within state government is is it the alcohol is an important part of meeting those against expectations we want to continue to position ourselves as family friendly about maintaining guest expectations for meetings groups any fence. I will stand by to answer any court members you are an expert if the bill is Senator Hammer is recognized for a question thank you so to my question will go if it is a it's only going to be a where the restaurants are checked correct that are hosted like the lodges right okay so. Are any of the largest now or do you to state that any the lodges would be contracted out to you know restaurant that would come in and operate the facility or just going to be all state owned adventures it is possible that we would have a concession operation and and locations within our state parks three to answer questions that you had earlier it would be depend on the agreement that we put in place with that concession operator that outlines if they would be operating under a permit with Arkansas state parks I'll call permit or if they would be responsible for bringing their own license into that operation for example if we had an operation at pinnacle mountain state park that's in a wet County we would most likely allow that to continue to allow them to get their own permit for operation in those concession facilities okay so play this scenario for me you get a state park discussed the permit and the permits can be owned by the state park which is a government agency entity yes and they were going to have our other government agency which would be A. B. C. that's going to come in and regulate them and suppose that there is something wrong in the get a a fine assessed against them who's paying the fine words of five whose budget is to find coming out of it would be the permit holder. However the permit holders which would be which would state parks state parks of that was on permits yes okay so it was a concession operator it would be there the right okay. As agency director you're willing to accept responsibility that the that a fine is going to come out of your budget if if the folks and the and all the employees by the way all the employees that are operating at these facilities there state employees that we work in that would have that responsibility as well so now all the state employees and maybe they are you have to be but as far as limiting any body working during the summer that might be under the required age that you have to be in order to serve alcohol House all that play out or they. So we we have had for private club. Clubs established currently within Arkansas state parks we follow the guidance and direction of ABC currently and those that are responsible we follow all the all of the rules and regulations for for staffing ages and requirements serve say for for safety of serving of alcohol as well and and our current employees to meet that requirement okay thank you. Thanks Sir so when are we doing something similar to this with some of our universities. I had a great talk all permits in there Coliseum's in such. Yes yes this is a lot different from half yes only dish differences generally on those establishment so the football stadiums it is the concessionaire that happened that holds the permit but it is a similar set up only difference really is that would be the Department of Parks and heritage that would actually be issued a permit under okay thank you senator I have a question. Okay okay Senator Ricky. Is it do we have any idea how this will affect businesses around those parks that currently. I mean it is based on the revenue that I mean I can speak to that a little bit I I actually think that it increases tourism to your area so actually enhances and and and supports and provides more options more choices it can better fit selection because you haven't more revenue I mean the Leslie Arkansas such a great little example of this I mean they have probably three of the best restaurants right now in the area of north central Arkansas and the fact that there's three there more people come to that area because there's a selection there so I actually think that the competition actually drives improvement of quality and experience and so and it draws more tourists and so. It also is a vast stations and your lodging and everybody else. Sorry. Are there questions from the committee. I have seen over questions Senator Irvin you're recognized close your bill. Okay numbers I appreciate it now it's late notice to ask for a good vote I think this is a smart tool to give to our state park so that they can generate their own income and be of critical part of our economic infrastructure in the State of Arkansas that relates to tourism and outdoor activity that I think the first gentleman has clearly identified as one of his and this is his initiative in priority so with that I'd close enough for a good vote all right and I appreciate that and I apologize I didn't ask for there's anybody signed up to speak for against this don't see anybody missing body out there okay I don't have anybody I miss that all right members centers close or build a motion the committee. Translator the motion the second center Bryant all in favor please say aye aye opposed. Congratulate senator your bill passes thank you so much members of the committee. All right Senator Stubblefield as the event that I ever need to go before Judiciary. It. I don't know if I'd want to wait imported okay Sir. Yes. There is is there so filled up think he's gonna be running Senate bill four fifty diesel technical corrections. Senator Stubblefield you introduce yourself and to be recognized proceed with your bill thank you Mr chairman Gary of Senator Gary Stubblefield Dietrich twenty six this is simply a technical corrections I know you see the work school or has nothing to do with this build books since nineteen eighty. Let me tell you what this does. If you have a gun and and you put in the backseat of your car or in your trucks eight U. drive back up your drive what you're breaking the law but if you drive into the next county your legal but if you go back into your county your illegals of this correct answer simply a technical correction all right members members of. For an explanation the bill or the questions from committee. Start senate questions anybody signed up to speak for against this bill I don't see any. All right now have a buy Senate speak for against it Senator you're recognized for your bill get it closes and whispers Committee a motion to pass Senator McCaig a second center Bryant all in favor please say aye. Posed gradually Senator your bill passes. What that is issued a spoke up earlier. What you are and how to let you with that much earlier. All right representative read you have been so patient. I have you down you're going after me Senator Hammer. A. Representative of what you're going to restore. Okay I was just gonna help until fifteen ninety one. The representative the witness yourself your be recognized procedure bill thank you Mr chairman representative David Ray District sixty nine appreciate everyone's attention and patience and I was given the hours get later. This legislation is a very narrowly tailored preemption bill what it does is it prohibits local ordinances from dictating the sourcing and selling of dogs and cats sold at retail pet stores the reason that we would do this is pretty simple it's because this area of commerce has been under the purview of the state for at least the last thirty two years in nineteen ninety one this legislature passed the Arkansas retail pet store consumer protection act this law covers the state's interest in regulating commerce in the area of retail pet stores this is a the retail pet store consumer protection act does a lot of different things but primarily it ensures that there's a high level for standard of care that pet stores must abide by it works to ensure that the animal sold at pet stores receive humane treatment at care and disposition so that when they're sold their sound healthy and fit as companions this law also requires very strict record keeping on each individual animal from the date of their birth of their breed and so forth it protects the rights of consumers to know what type of animal or buying and it includes consumer protections in the event that someone is sold in animal for example that is sick a prohibits the unlawful disposition of animals it provides for regulatory oversight by the department of health and they can come into a store and conduct inspections they can assess finds it gives the state board of health the ability to promulgate rules. And regulations to this effect all that to say this law makes it abundantly clear that the regulation of retail pet stores fall squarely under the purview of the state not local government local government is obviously prohibited from enacting laws that are contrary to those of the state and this bill makes it very clear by just adding some very narrowly tailored preemption language the reason this is necessary is because as we see from time to time sometime cities don't like what state law says and so they do in and around that happened last year when the city of Faye a bill passed an ordinance that prohibits the retail sale of dogs or cats at a pet store unless those animals are obtained from the city's animal shelter. Now I don't have a problem with anyone that wants to obtain an animal from a shelter I think that's great and it's wonderful and it's a awesome thing to do my family dog grizzly that we've had for over ten years now he is a rescue dog but telling a retail pet stores that they can't source the animals that they're selling when they're already under regulation by the state is just an example of ridiculous government over reach. In fact it would literally be impossible for the pet store and Fayetteville to comply with both the fate bill ordinance and the state retail pet store law because as the fate bill a director of animal services testified. The records that pet stores are required to keep on each animal they don't keep those sorts of records at the animal shelter they don't have those sorts of records on some of these animals many of these animals so aside from those concerns these to I would just add these types of ordinances are bad for business they undermine uniformity of commerce which is very important consideration you know fate bill did this win fable did this they had issued a business license to this pet store. And this pet store I'd come in and invested nearly a million dollars in the city in this business and then the city of Fayetteville welcome to them by passing this ordinance that was essentially designed to run them out of business and run them out of the state how often do we talk about the importance of growing jobs of attracting business to our state here we have a business just trying to do the right thing and this is how they were welcomed the last sale added I think there's some folks here to to speak against the bill and I don't know exactly what they're gonna say but I suspect that they will try to besmirch the character of the company that operates the pet store and they'll talk about how they this is going to promote puppy mills and that sort of thing. So first of all I just want to mention that pet stores by their animals dogs either from USDA licensed breeders or from hobby breeder. And the the difference in the two is that if you're a hobby breeder it means you have four or fewer females if you have five or more females then you have to have a you have to have be a licensed breeder by USDA you know puppy mills is sort of a emotionally loaded terms it's sort of a Rorschach test if you ask a hundred people what is a puppy mill you're gonna get a hundred different answers right but I think what people typically think of in that regard are licensed under registered breeders that are not providing adequate care or veterinary care space or access to the outdoors water socialization that sort of thing if someone wants to bring legislation to deal with puppy mills in the state if they believe that that is a problem they can run that bill. They can try to amend the retail pet store Act of nineteen ninety one or they can just run a standalone bill to regulate that that's not what this bill does this bill is a very narrowly tailored preemption bill and with that I'd be happy to answer any questions. All right members you for an explanation of the bill are there any questions from the committee Senator Stubblefield you're recognized for a question. Thank you Mr chairman of. Representative right with with this with this bill have. What would go over reaching effects to what co ops that baby chicks rabbits and some other animals. No Sir this bill specifically deals only with cats and dogs or cats and dogs yes Sir. Do you know if do you know if the available shelter. Is it over run it over I mean is it got a lot of dogs were there to get their dog I don't know the answer to that but you know I'll tell you there's a lot of things that can be done to alleviate that problem without trying to settle private business yes Sir regulation I'm not saying that on this one ninety dogs got yeah I couldn't speak to the condition of their animal shelter no Sir sorry. To the editor in. Speeding laws on the books in Fayetteville yes I don't know if they do or not I would imagine they do but okay. Of the things they're still filled. There was any questions the committee. Senator ICF senator rescue recognized for a question. Richard gray I mean maybe somebody yesterday asking and I'm. Four three comers and I've got a bit care to my wife knows on as I am. It was given to this years ago. But you know people get real attach to pets. Are you for for many years and and since it says an error sales so I'm going on thank you to this. That. There is financing done of patents are you familiar with that. Yes Sir I'm somewhat familiar with me here that the financed. Like something like over six years. Yeah you know what what I would say to that concerns I've I've heard people express concern about the the lending practices of some pet stores I guess what I would say is that falls outside of the scope of this bill it's this bill's very narrowly tailored to the sourcing and selling on that topic I would say I see people I see people finance things all the time that seem a little odd to me I've seen people I have friends that have finance lawn mowers I have friends that have financed an engagement ring and then the the person that it was intended for politely declined so I've seen people make lots of bad decisions with with regards to financing and if if someone wanted to further address usury issues and things like that and it is I think that would be best appropriate for a different bill appreciate no reason I bring it up you know it's not directly on this bill sometimes. Those that things would substantiated and and I'm substantiated the in. When young people are financing something for thirty to thirty nine percent interest. Evidently it's legal I mean I'm for me Review-Journal's Arkansas this is credit card. When stuff like that said me the position negative connotation on the business. Not maybe a particular brand of the business but the business over all of selling animals in financing so it puts a negative on the business so I don't know that any of that had anything to do this work on my earlier because people are wanting to use shelter animals that's a concern to is you say that it's another bill another day but it's of great concern for me and I wanted to touch base with you thank you I appreciate that concern thank you Sir thank you Sir have all right members or any questions for the committee. R. C. nine we do have a few people so to speak on this bill see here. Call Wakefield and speak against coal going up. Call to introduce yourself and tell us here with the B. recognized procedure testimony. I am a collection of the executive director of Good Shepherd Humane Society and Carroll County and I'm here to speak against the bill to the Good Shepherd for success in Carroll County and one of the things that we do and humane societies as we consider ourselves to be sort of the stewards and protectors of pets and people in the state of Arkansas in our local communities and with that we see lots of dogs and cats that come through our shelter and that we try to reunite or place into homes the. You know I would say that I work directly with dogs and cats with people doing adoptions and there is very little assistance or guidance as provided from the state level of the retail protection act is in place but it's not something that is engaged very often so largely when it comes to this issue when it comes to the health and safety of pets this is handled in the local areas largely by nonprofits like mine that and then partner or assist the government agencies I work closely with several government agencies in Carroll County but the bulk of this is handled by humane societies that's why I feel that it is vitally important that the enforcement mechanisms and that the local areas to be able to regulate and be able to inspect or be able to set whatever rules that they feel are appropriate based upon the needs of their city the state of a. It doesn't make sense to make this sort of rule to apply to every missed municipality in the state so we know that there a difference between Fay Advil and Berryville the rules and regulations for pets in Fayetteville or gonna be different than Berryville are in rule Carroll County so for you to pass a law that says you can't have a leash law in Fayetteville that would make sense but not having at least law and rule areas does make sense same things with these five tips or laws if the city and the leaders in that city and the citizens in that city decide that they do not want a of out of out of state source to puppies coming into their already overcrowded counties which I will tell you that the Fayetteville animal shelter is overcrowded my animal shelter is overcrowded you'd be hard pressed to find a shelter in the State of Arkansas right now that is not overcrowded. Yes we are wanting to an able are removed they cities chance to prevent these extra animals from coming into the city and when those animals can no longer be cared for because of maybe somebody has financed a three or six thousand dollar dog that can no longer afford because now they can't pay that bill and they can't pay the rent so that it comes to the shelter and now that burden is passed back on to public be a public or private places like mine. I don't I won't sit here and be spurge the name of that land and that's very much used but pushing this land which is an out of state corporation trying to inflict its will upon the people of Arkansas like it has a very open various other states throughout the years it is coming in and wants to again bring these out of state dogs and if you want to know the kind of the quality of animal it comes in for this program you can Google six that land puppies and you'll find plenty of information about what we're talking about here. Arkansas was it stocks Arkansas has the highest rate of dog ownership in the nation. It also means how we have a lot to have dogs in our shelters if you need a dog or if you want a dog you can find one there is no need to enable this there's no need to tie the hands of counties municipalities from regulating this business this isn't shopping for a car these are living creatures. So with that I do or is your opposition to this bill. questions from the committee Senator Hammer you have a question. So it just give a more specific what's the. What's the issue with I mean we got a letter from Pat land we're here both sides just what's the issue with Pat land from your perspective. I can speak of from experience prior to working at the Humane Society I did spend some time working at a veterinary clinic emergency clinic in Springdale and it was not uncommon for us to receive a sick puppy from Pat land usually from somebody who's already spent thousands of dollars purchasing the animal for it only to get sick and to require thousands of dollars of bills. It is my opinion that they do not provide a universal universal equality Pat to be. Going to be how did you get signed up to speak against Mister chairman just wanna I mean just one just one more person okay because I've got a I've got a personal friend this looking at having to put their dog they just got down because they bought it from a place and turns out it's got medical problems and I'm not sure what the pay will try to send a text real quick find out but this is just gonna apply just to the. Situation up there that deals with Pat land of a local issue fable up there or you make a statement that would apply to all other pet stores that are in the state of Arkansas. yes this the bill would apply for city the entire state and I can speak to the practices of every single pet store the state of Arkansas but that is one reason why maintaining local control is important because you know we do have independent pet stores and we do have some amazing pet stores we have amazing in state breeders who do great work and great jobs of of producing healthy animals but if we cannot regulate that or why can't go and work with my may or are my city council if there is a problem then that's going to be that's gonna tire hands and make it really hard for us to keep these abusive practices from happening. Sturch Sullivan. Right that's not members and non debatable motion All in favor for you know for a motion for committee consideration please say aye. Opposed. All right motion carries all right now we're going to vote on the bill. So. We had a motion to pass from Senator Solomon. This. Got a second Senator McKee. All in favor please signify by saying aye. Opposed. When called bill passes. Actually represented right. Senator Hammer I think we've come this it's it's come your time. Unless you are the first of this year. I guess I'll take that as a senator. Okay member senator Hammer gonna be running House bills fifteen forty one and house bill thirteen fifty eight. thirteen fifty eight fifteen forty one. Introduce yourself to be recognized for six and what would you be starting with the start with the fifteen forty one okay Mister members start with house bill fifteen forty one. Thank you Mr chairman Kim Hammer say senate district of sixteen. The treasures collectors county clerks Sir Clark corners Association all have continuing education board's facilitate continue education means these boards are responsible for each associations continue education this includes paying for meeting space meals lodging mileage A. B. equipment education majors pain presenter fees and expenses of the funds go through the auditor of state at the direction of each board respectively as you know all these pressures continue each crease especially in the hospitality industry since pandemic the force needed increase in funding to keep up with the prices being charged at the venue's treasures collector fees come directly from each county corner's county circuit clerk's come from fees collected at the county submitted to the state each so stations wells Association counties have voted to support this bill and I think there might still be somebody in the room with their questions but I'll be deferred to questions at this time as chairman all right things are Hammer receivers next one is the bill or any questions from the committee. I see no questions are hereby Senate speak for against this helps anybody. Senator you're recognized closer bill thank you supported by all the agencies mentioned just trying to keep up with the cost of our blessed of inflation and with that I'll make a motion to pass rusher the motion the second all in favor signify by saying aye. Opposed regulation Senator your bill passes thank you will move on to House Bill thirteen fifty eight. Chairman would you advise me which bill that is please representative Lee Johnson's to amend the law concerning the rules and regulations that must be adopted for Mistel fired as far sorry thank you Really the essence of the bill is captured in the in the title of the bill and what we're asking if you hang on just like Mister chairman please sure. Changes the age to match H. and other places and statute accounts for prior experience as a fireman also changes some hiring practices that were negotiated between chief in the fire fighters and extends probation period from twelve to eighteen months and it's agreed to legislation between the chiefs of professional firefighters association and there's no known opposition part of what we're trying to do is just enhance the ability to attract people into the fire fighting Business specially in the rural areas and it was agreed upon by the associations represented by the firefighters. Correct all right members you for an explanation of the bill or any questions from members of the committee. All right see no questions or anybody signed up to speak for against this bill. I don't see anybody. C. nobody signed up to speak for against the senator Hammer you're recognized close your bill closure create a good vote I make a motion to pass all right members get a motion and a second Senator Solomon all in favor please say aye opposed. President Senator Henry bill passes thank you Mr chairman members the committee all right Senator Rice if you'll take the chair I've got a couple bills I'm going to run. What will senator we starting with house bill sixteen oh six I'm not got Steve good here with me that's okay with the with the chairman's letter does yourself Mister members of the committee my name is Steve good and I represent the natural state consulting today thank you all right thank you Mr chairman so member's house bill six no six was was moved for to dress for the specific issue that's taking place here in Arkansas that is currently we have certain tobacco retailers are bouncing checks with one wholesaler in attempting to purchase products from the other wholesalers with additional hot checks so the bill's going to do two things number one it's going to prevent tobacco retailers from purchasing products from wholesalers until the it satisfied their debts this bill does not prevent a tobacco retailer from selling product they have on hand in our stores currently number two if a retailer indebted to a wholesaler sells their tobacco license the individual purchasing the license would assume responsibility for the debt so that's the meat potatoes of this bill and I will say that the tobacco control board is neutral on this. Okay anything else. Mr chairman of the committee that much like Senator Flippo just said that this is a specific issue that's affecting small wholesalers across the state unscrupulous retailers will from time to time right insufficient funds checks to those wholesalers have one thing I would point out you know I had a question why are we have from private businesses those private businesses actually or the collection agencies for the state they collect almost a quarter of a billion dollars of tax for the state annually and excise tax and cigarette tax and those they can actually come back on the state and try to get those payments back so this is a state actually partnering with that an agency an independent reading or independent wholesalers to help make sure the state's tax collection stays there also point out that a ATC sister agency ABC alcohol beverage control already does a similar issue to this one they will go out and pull permits if taxes are not paid for their be real estate tax personal property tax or sales tax so this is a practice it's already going on in their sister agency very similar thank you questions from committee. That's the question no one signed up for against. We were in the audience Mister Speaker. He's he's at a table. Okay Sir for your recognized. There's no fiscal impact with this correct okay. I no more questions questions Senator Flippo your. Close some clothes from a bill I make a motion to pass a motion to passive second St flown on favor I posed. Graduation your bill passed thank you members members. All right Mr chairman next up on Little Rock on house bill fourteen thirty two. Okay you are recognized to present thank you Mr chairman all right members of. Fourteen thirty days is it just includes this a bill that was passed two years ago to allow for alcohol delivery for restaurants and liquor stores left out of that war were more practical for restaurants because private clubs so what this bill does that one in here and said that it allow for for private clubs in what counties. And it was that defines that this going to be a restaurant seats at least twenty five people the the the all the the bill I'll delivers the same with any other restaurant or liquor store so nothing changes there ABC actually you know help drop this language to put into this bill so it's just you know a few a few additional words of been placed and Senate bill three thirty nine from twenty twenty one by Senator English ritualistic regionally allowed for the alcohol delivery so this is just to try to level the playing field I have a a restaurant that a a golf course and investor County that you know about sixty percent of their current business is derived from the don't you know meals being delivered and they would like the opportunity to you know to deliver you know and so the rules promulgated by A. B. C. to enforce that that's only twenty one and up as purchasing that are in play an applicable to private clubs so with that be happy to address any questions or questions from the committee. Committee liver water play center so it's is there the Bill card is is is in full effect the care delivered by a plane Now Senator Ricky. Deliver what you're what. Surrogate to the Flag off fairly. Last time I when the first ball it bounced off the clowns facing of the windmill so I see I had a birdie given that was twenty years ago I'm still playing. Thank you Mr chairman senator proposes last bill the. In all this bill does so. You do not foresee any expanded chances for abuse with. People ordering food. Fordern. Alcohol. Giving it to minors I mean you know obviously this is a place for two years so I'm not aware of any issues that are popped up with the you know the current you know law that's been in place these past two years and certificate at the center has been an instance I'm currently aware of any you know in my district across the state you know so nothing that's risen to my attention that I read the newspaper anything so I think that ABC's the good job trying to promulgate a rule to address that to make sure that you know you can't just be similar that's over the weekend nineteen years old and because the country club have delivered three case the line. Thank you Sir the other questions. Senator hammer your. So it on that again real quick so this is gonna apply like to country clubs with golf courses like Senator it at a restaurant is not just country going to golf courses but private clubs in what to counties and they have to you know we have a defined in here that it's in the twenty five seats are more. At some other business have to come from from food for me see if I can find that senator Hammer. They've got to be a member of the club right correct yes okay I just all right and and what of second is a lot of times a you know have golf tournaments at clubs you got the you know people run around in a golf cart which they can. And they do it now some place because you know for playing Crawford yes Sir yes Sir okay that's already allow this is just you know if you want if you want to pick up a stake in a and at two glass of wine you know for yourself your wife then this is what no no thank you that's not meet thank you appreciate it thank you senator. Saying no more questions Senator Flippo ready five close for my bill and I make a motion to pass a motion to pass I have a second Sturch Sullivan on favor I posed. Graduation to pester thank you Mr chairman thank you Committee. See no further is a conference committee Senate. Yeah. We'll take it easy on you. Senator what what what are you reading. It is H. B. fourteen forty for representative Cozart okay H. P. four four fourteen forty members. All right. City your introduce yourself and to be recognized perceive your bill. Thank you Mr jim Patty Senator district twenty nine this bill sponsored by representative Cozart and myself is a simple bill that updates our building codes to allow for the use of substitute refrigerants in H. FAQ and refrigeration equipment in compliance with federal law during the trump administration American innovation and manufacturing Act was passed to phase down the use of hydro fluorocarbons with H. back and refrigeration equipment the resulting federal regulation is good for the economy and is projected to create thirty three thousand new manufacturing jobs in the U. S. three of those largest manufactures Lennix Raymond train all have manufacturing facilities in Arkansas and this bill will update our building codes in compliance with federal law it will provide certainty for them to maintain full manufacturing schedules with that I am done all right any questions before an explanation of the bill for any questions from committee all right Senator Hammer center right okay so this is going to prohibit an emotion you got it you got a city where they've got a this would prevent Stargardt from being able to do anything against the manufacture down there is that what this is intended to do our limit of say that again I'm I was looking at the ministry on unpaid a municipal corporation shall not prohibit or limit the use of refrigerant designated as acceptable so what this would allow is to prevent like a city that has sale annex plant in it it would keep them from prohibiting them from using a certain type refrigeration second what this is about so this is more about as as the the code the building code that is is updated there's a phase down of the manufacturing of a certain type of equipment and and and technology if you will and there's always a a period of time where you've got exist. Ding inventory that you're able to use or you have manufactured and this would allow you to use that is it for as long as you have that to be an inventory okay because I member like years ago I think it was our twelve they came in a lot or twelve you had a bunch of equipment really kind of forced restaurants to get rid of some equipment because they could get the replacement refrigerant so this is intended not to let that happen again that that's right that's that's sort of what the the federal act okay the dealing with and this brings us in line with that that's a good thing thank you. R. it's a recipe written. Senator Patty this this will not let let any my understanding this will only look let you do what's already federally approved that is correct is not going around it issues putting us in line with its largest federally approved we can do it here that's right thank you. All right are there any questions from the committee. Senate BrainChip question. I know it all up yeah just curious if your any of your data has the like the list of what refrigerants that. The third they're trying to phase out worse and and we're not back to the Senator Hammer questions about no or feared fourteen offers and all that it is. I don't currently have that list here I have a I have a letter from green but I don't and I don't have it listed in in there okay letter thanks. All right let me by signed up to speak for this for against this. All right of center you're recognized close your bill I am closed and make a motion to pass the motion is second all in favor say aye aye aye opposed regulation center the Bill pass as part of every single person for the committee we are just.