City, County & Local Affairs Committee - Senate

All right. All right cheers as a core we're gonna call this meeting to order Uh we do appointee agenda today in a lot of people out here to sign up to speak on various bills so I'm going to ask for those who decide to speak to keep your your your comments to sink into the point and to make sure that we're not just reiterate and a new person rendering the same point as a as a the the previous person testifying so if you could do that that would be appreciated because we'll make sure that we do allow people to driven down here today to have the opportunity to speak or to have their voices heard so with that we're gonna move on with our agenda and first up with that senator called will the center of the year the starting with Senate bill three seven two. That was re referred here. Sepi introduce yourself and to be recognized for see her roll call of Senate district ten thank you Mr chairman committee members the this bill really does not do a whole lot it allows the liquor stores to seal the local teachers for their own logo in their own building and that is the current law basically says dry goods stores cannot sell liquor and say look short concealed drugs but it would allow them to sail to church initial. Okay all right members of an explanation the bill are there any questions thirty. Sturch see no questions his or. One second Centerville anybody here signed up to speak for against this I don't see anybody that senator cause rebuild enclosure mobile appreciate have moved much by Senator Stubblefield second by Senator Petty all in favor say aye. Post resolution thank all of you thank you Mr. All right we're gonna pass over will be running fourteen three to four percent affordable pass over that See here Mr Senator Rice will ask you to take over will do Senate bill four oh to real quickly for Senator B. Johnson. Both you and your guests will recognize your who you within thank you Mr chairman Senator Scott Flippo District seventeen. And then we've got who needs no introduction to all of us do it for self. Thank you Sir was for from the department of agriculture welcome all right Mr chairman members of one of the bill for Senator Johnson's a pretty simple straightforward bill and so I don't wanna mess that up and that's one of the Secretary work come up here just give you a brief explanation answer any difficult questions. Yes Sir the the short version is a Senate bill four oh two is a companion bill to Senate bill four oh three which is our of effort to consolidate the boards and commissions within the department so it goes from sixteen before I will go into the details of of four oh three but what four three also does is it looks at the conservation districts in five different conservation districts currently the law has here in Little Rock financial resources commission to make two of those appointments per seventy five conservation district so I sent before three gives that authority back to the local level to local conservation districts and Senate bill four oh three four oh two this bill lays out the procedures for those conservation district to be able to make those appointments. Members for questions. Not to a question remembers anyone here in the audience and we have a sign that we've known signed up to speak on this bill. If not the bill presented the proposed closure bill I have a motion to pass from the centre Patey. Second second president Flippo all in favor aye bye post graduation thank you. Thank you senator rice all right of return if you Senate bills your real quickly senator Bryden of even if you bills you need to get you got to get out here to run so thank you got Senate bill four four five and Senate bill four seven five that correct. For. Four four six okay. Articles start senate bill four four six. Right he wouldn't introduce yourself and if you're recognized for your bill thank you Mr Joshua Bryant Senate district thirty two Senate bill four four six because before you the ninety third General Assembly passed a pro life the city's bill since that time several of our of our counties and other organizations Drive under the state control have decided to do those pro life resolutions so what this bill does is read act where that language was adopted in code from the ninety third General Assembly and put at the top of the code to include these protections for counties so cities and other political subdivisions of the state. Okay all right members you've heard an explanation of the bill are there any questions from committee. All right see no questions raised by here to sign up to speak for against this. I don't see anybody all right Senator Rapert you're recognized for your bill I'm close to bill a motion to pass a motion the second Senator sample filled all in favor say aye hi proposed resolutions and write your bill passes thank you Mr and we will take up Senate bill four seven five Senate bill four seventy five. The thank you Mr Joshua Bryant sinister thirty two. This this bill is I would call it not necessarily an alcohol bill I know we get a lot of there's a committees and it's as strange a lot of us to give you a this is an entrepreneur's bill. So currently we have state laws on the statute or statutes that say that specifically target how dispensing of cold beverages happens. What this bill would do is to allow it entrepreneur to use RFID technology radio frequency technology to be able to dispense beer to the consumer they still have all the all the requirements that a typical bar would have except for instead of the bartender serving that alcoholic beverage when you walk in the door you show me your ID you get verified who you are your age they put an RFID tag on you that cannot come off. But then you can go to within the limits of the bill which beers thirty two ounces. twelve ounces wine ten ounces Spirituous liquors or three ounces wine mixed spirits you can sell dispense under the supervision and monitor of permits permitted staff of the bill. So and then it gets shut you off and then you have to go back to bar staff to be able to if they can verify that you're not going beyond the limits of of consumption and then they re enable you and you go back and sell to spend so as an but who were just trying to use the technology that we are enabling to. Generate business income for the state. All right members of an explanation of the bill or any questions from the committee all right Mr centers over the service billed to be next centers double Sullivan you're recognized for a question. Our sensible. Center Brian. It's just like an electronic bark. You could say that it's it's going to it's going to enable technology that we currently use throughout our society to be able to. Engage customer experience so you can just goes off. You can you can dispense the limits of your beeper so if you walk up to the tap and flasher RFID it knows your knows how much you you've already drank it'll dispenser not if it doesn't dispense you to go back to bar staff just like you would be disorder beer and bartender turned around poles that happened self for herself with the term if you of. R. D. W. I D. get do you have will determine if they are staff just like now what will cut you off when they feel like you've had too much to drink when they feel like you for two months they really don't know to the pull a toxicology test right just like a normal bar now yeah you this this one would say. Or if you walk into a bar now and and you do go to a bartender and yes for during they're gonna serve you until they say it is time for you to get shut off so you're saying of the local bartender. Would know when you're. They have to make some assumptions and you have to use personal responsibility to to make sure you got it the D. and all that. Okay. All right Senator Hammer you're recognized for a question thank you I may have just not heard who who's in charge of determining the amount that would be dispensed to the person that's going to get the device. There there there's limits in the program of the RFID. On the back on the second page of the bill working dispensed the maximum of that amount before you have to go back and get. Get basically re we looked at to make sure. But you can be served again. And does it distinguish the difference based tween say of. Whiskey sour and a bud light and how does it differentiate between the different types of alcohol to know whether or not somebody's just sidestepping the issue. I would say the RFID technology whenever you scan scan that that device would know what you are ingested because it's it's it's it's tied to you and and your got your check into the facility okay and then the device you're talking about you made the statement that he could be removed House attached to the person so that the thirty three year old guy would be given it to an eighteen seventeen year old individual that I defer to the entrepreneur in question. He better be able to better define how those are taxed yeah. If the owner does yourself. And and all this again is is monitored there is no the staff doesn't leave the staff is watching everything that's going on so of a minor is even permitted in the bar which they are. They would know. Senator self. Hi my name's been Roberts and I'm the proprietor of the smoking of wood fired pizza question could you mind repeating questions for sure how is the device attached to the person and how is it that it could be removed say a thirty three year old buys it and there's somebody else that they just want to give it to that that is coming after them or obviously should have minors and bars I understand that but how do you House education how do we know is not to be transferred to somebody else yeah the ideal attachment method as a wristband and if you guys ever been to a festival or anything before but it's a wristband that you have to cut off so that would be quite obvious that somebody had tampered with the. Okay our thank you. They're still full inspection. Order of the states that join us not not California New York state. To have the same. Technology yes Sir every adjoining state has this technology in any problem. not that I'm not to my knowledge no Sir. Seperti you're recognized for a question. This can be for whoever wants to answer this but don't we already have this for wine you can have a wine dispensary currently under current law. A similar technology they have quite a few years in fact this exact technology has been around since twenty seventeen and a number of other states I'm not so much the technology as of as it is you can go into a wine bar and buy a card or or wristband or something and you can dispense wine under the current law in the same manner maybe not the same technology but in the same manner that this technology is doing yes I know that that has existed in the past I'm not aware currently that. Thank. All right any questions from there was any other questions from the committee. All right of center still filled you're recognized for a question Sir I I hate to wear this out. The senator Bryan. Let's say you have a husband and wife husband goes anywhere two forty five what those situations hundred twenty good both K.. The machine prints out the same amount review of. Yes Sir I can easily answer the limit that we set is actually thirty two ounces which is safe across the board for the equivalent of beer and then the numbers that would be for people definitely absolutely and that's one of the reasons you adjust for the. that's the reason that we have a limit and then we have somebody coming back to the tap all those limits could be different from everyone yeah so so so would you please speak your microphone Okay is your microphone on this yes yes. Full of the area but the limits could be different for a man and woman. So how do you how do you compensate for the. it's similar to how bartenders compensated for it now so there you know observing the customer but the limit that we have thirty two ounces of beer twelve ounces of wine Spares liquid all that is well within the standard range of what somebody would serve to somebody at a bar. Or restaurant. I might take Senator Hammer you're recognized for a question is there anything data wise statistic wise from the other states that are using is that shows that it is actually helped or been more harmful as far as reducing the number the D. W. eyes on the street. I have sentencing zero data that has been more harmful absolutely no data that's been or harmful I do know that these technology companies that propagate this technology are being very successful and there continue to expand across the US okay and successful to the advancement of the technology are successful in the reduction of the W. us. I can't speak to the latter okay thank you. Okay. All right anymore questions from the committee okay Senator Petty recognized for a question. One more question so currently under the the current before this law. The limitations that you have in in the in the bill here. Are up to the bartender to do the math in their head or or maybe there is or some other method of tracking that. that data in terms of who's been served five years in two glasses of wine or is it just kind of up to the bartender to determine based on actions or how how do you track that currently this this technology tracks it pretty. Well yes but how do you currently to track that previously it was completely on the bartender or the permittee and their assignees to do that so busy night you know you saw less of that happening so we feel like there's a strong element of you know additional safety this has because of that limitation that we provide technologically thank you. Thank you Senator party members are to questions from the committee. All right see no more questions do we have anybody signed up to speak for against this bill. C.. I don't see anybody so with that Senator Rapert you're recognized close your bill thank you Mr chair. Members of the committee. Deco a center but he said it if you go into a bar currently it's up to the bartender and the staff to just determine what your level of sobriety is and they've got lots of customers there are polling at tap for everybody in the bar they don't they're not keeping track of you you're on your on your own with this technology you can what you can spend yourself and is A. B. C. some. gives it gives you the authority to do that it It tracks you so yes on human control it's on on RFID technology to control how much and you have to keep. It keeps track of you instead of a bartender keeping track of you so with that appreciate a good vote and I would move to pass are read a motion for a second. Second by Senator Petty all right all in favor please say aye hi. Most. That one more time all in favor say aye yeah. Those. Sorry Sir right bill fails. Are you. We'll call it okay if I recall. Senator Stubblefield. Senator Stubblefield votes no senator Hammer senator Hammer votes yes Senator Solomon. Senator Solomon votes yes. Ninety years senator Petty yes senator Patty votes yes senator Bryant yes. Senator Bryan votes yes Senator Rice. Senator Rice votes no Senator Flippo yes Senator Flippo votes yes resolution center right. Bill passes thank you recall that. All right members. Movin on. C. share. Senator Irvin I think you got a couple Senate bills. Okay and and what's the okay. Senator you taken up Senate bill four eleven. Yes okay and I believe we have been in the for that members Senate bill four eleven. Questions like a motion to adopt. The motion second all in favor say aye. Posted in this but opted all rights not specifically. Thank you so much Mister chair and members of the committee really just working with this industry to allow as new products come available into the market place we have to kind of update our laws and and and and change to allow for these new products to be sold which I think is that are as are reasonable ask and consumers like these different products and so we want to make them available and we have members of support this bill members in the past that we've heard talk about anytime there's a changed alcohol bill about how it's going I'll call bills about how it will put a retail stores out of business and I just want to assure you that that is not happened in the past this is purely rhetoric most of the time this is a free market issue just this past Saturday my supermarket in Clinton the customer wanted a beer call the calling by a company called bull of our beer and I couldn't sell it to him because we don't we're not able to carry it because it's eight point five percent alcohol by now the ironic thing on that is if you just walk to the other side of the aisle in the supermarket you can buy wine up to twenty percent and so this is simply just allowing a wider broader selection in supermarkets for consumers to buy this will help local I. PA's in Arkansas this will allow their their by products to be marketed to a broader audience of consumers who shop at supermarkets but don't shop at liquor stores and so this will help Arkansas breweries as well. yeah I think I would close on this bill this morning before it took any questions to discount share a little bit logic with you if you came into my supermarket today. And the same logic applied to milk that applies to beer you get by skim milk one percent and two percent but you have to go down the road about whole milk at a different supermarket part at a different store are the same on ground beef you know you can get ground beef which is seventy five percent lean ground Chuck which is eighty percent lane but you can get ground round which is ninety percent lanes so this is just a bill that that basically brings us into a fairness issue and it allows a a broader consumer experience in the supermarket. All right members you for an explanation of the bill are there any questions from the committee. All right say no questions we do have a few folks a couple folks and speak for against this bill so we will start with the night against Theresa blue. You'll introduce yourself and your with the recognized for C. remarks. Hello my name is Theresa believe I've worked for forty years and substance abuse prevention and as with mothers against drunk driving I currently am chairman of the board for speak about drugs and I would like to express my concerns about this bill I think there for factors I'd like to talk to you about the first one has to do with and and I understand this is a balancing act for policy makers has to do with accessibility you know it's it's a paid pendant and during the pandemic we allowed a home delivery and and opened up all kinds of emergency measures for people to have access to the alcohol that they were wanting to purchase and legally could purchase but since the end of twenty twenty one the legislature made that several of those measures permanent in axe one fifty eight and seven oh three so that a private residence can have delivery at home by liquor stores and restaurants even can serve and mixed drinks to go and there is also a third party delivery bill that you all are I I understand going to be looking at the other issue has to do with public health and safety by increasing the amount of ethanol which is what makes alcoholic beverages alcoholic. that increases the risk factors for young people particularly who want to consume alcohol and a beer can looks the same as a beer can looks the same as a beer can and when the content of that is more and more potent it is more more dangerous for our young people to have the alcohol and even adults to understand the risk of what they are drinking we know and the reason that the liquor stores were set up to be separate from grocery and convenience type sales is that we want people who are age twenty one and above to be frequenting the liquor stores where there are limited products sold you just voted on a measure to allow a teacher to be sold in the liquor store and those kind of risk and protective factors are very very important the increase of the size from twelve ounces to sixteen ounces and again I'm not I did not have this amendment and I'm happy to hear that senator or when is substantial twelve percent to sixteen percent certainly increases the amount of ethanol that someone would consume through as an alcoholic beverage all beverages are not created equal you know I've gone in and out of court many many times with mad and even working the speak about drugs and I've been on the side of the road with law enforcement officers for sobriety checkpoints almost every time when someone is asked how much have you had to during County during city had. The most frequent answer is a couple. A couple isn't you know they are not the same when the potency is so much higher and then risk of impairment is that much higher even though you've just consumed the same number of ounces of the beverage the third issue is underage drinking are Arkansas prevention needs assessment survey tells us we and we surveyed over fifty thousand students the average age of consumption is twelve and a half here in Arkansas and fifty four percent of our seniors who drink drink regularly and during many of them drink to get drunk alcohol poisoning a young people and the hesitancy of their friends to report that they've over consumed are sick vomiting throwing up and experiencing a health crisis is very high we've even had campaigns and pass laws to ensure and try to encourage young people to go ahead and report that and then fourth the issue of crime in twenty twenty to NHTSA reported there is a twenty year high in traffic deaths right now that the nation is experiencing fifty four percent of our crashes that have the severe injury that's not a death. Is do we get to the interview marks here because we do have quite a few people signed up to speak on this bill of course and well in summary I would just say I would encourage you even if you don't consume alcohol or anything like that and think that you're not being at risk when extra alcohol is consumed it is very risky and please don't support this risky business items below all right we're going to go with the four and with that Final Connell broker skews me. Thank you my name is Ryan o'connor I'm a third generation owner operator of o'connor distributing we cover twenty six counties in Arkansas out of three locations Pombal of Newport Hot Springs we service over eleven hundred customers employee ninety six full time employees with quality wages and benefits I'm representing the beer industry in support of Senate bill four one one I want to thank the committee for allowing me to explain my support for the bill to allow the sale of twelve percent A. B. W. for convenience and grocery stores. Currently other alcoholic beverages such as wine or allowed to be sold in grocery and convenience stores without similar A. B. W. restrictions twenty one percent for wine there's no logical reason for the distinction between beer and wine base in this A. B. W. situation. Allowing similar attributes for beer would create a more open and fair market for all alcoholic beverages and give consumers more choice. The current law limiting sales to five percent creates an uneven playing field and the market. Beer sales account for a significant portion of revenue for convenience and grocery stores currently convenience and grocery stores make up forty percent forty six percent of my total business revenue. The current law limiting sales to five percent puts beer at a disadvantage to wine is well as those extremely important trade channels for beer. The frequency at which national chains in both convenience and grocery stores place beer and products over five percent in their modulators leaving distributors that tasks less time to get corrected is daunting. The natural assumption by these national chains that such products can be placed just shows how far behind the times Arkansas is with respect to this issue. Arkansas continues to be an out liar one of only three U. S. states that are not modernize their loss. As a consequence many breweries have discontinued their lower A. B. W. offerings and some breweries have even elected not to come into this state. The current state of the law puts beer distributors and their employees at a constant disadvantage. The bottom line is these restrictions hurt distributors and the retailers and they're limiting Arkansas's consumer choice I support these amendments as they keep Arkansas businesses competitive and provide Arkansas consumers with more choice I want to thank the committee for their time and consideration all right thank you Mr Kotter numbers or any questions for Mr potter all right Sir Stubblefield you're recognized for a question for Connor you you were what percentage of people dying United States of years resulting. The the direct or indirect result of alcohol consumption no Sir one one a. One out of eight people done in this country every year. All of. The roll call directly for the household directly or indirectly. Clothing of records from other. So one out of eight people. That's all I. Thank you senator all right members in or questions for Mr Kotter. Right thank you for being here thanks. All rights next up. Will do against Larry page Larry. And again I'm gonna ask your body start if we can kind of keep remarks concise because we have other bills and other people signed up to speak for against we want to be respectful happy opportunity to have a voice search if you can be seen heard remarks be appreciated. Mr chairman of the members of the committee I'm already paid to the Arkansas phase in ethics council and I know that you got a lot of folks here I'll be as brief as I can in my comments and I will repeat anything that miss Miller said you know several sessions back to grocery stores came into this body and should what we would like to sell high and wine not just Arkansas one that they were allowed to serve a mission they they got the approval and a lot of people thought maybe that was an incremental step toward coming back and getting some more a larger array of alcoholic beverages no no they said this is all we want just the one we won't be back. Well here we are we're back our way and they are wanting more of not keeping the word I believe that they gave us. There's a reason to maintain the status quo in the US and there is a difference between grocery and convenience stores and and and liquor stores package stores and those are those reasons that they have a difference in in their wares makes a lot of sense you know I've driven countless miles in Arkansas road rural roads and highways see a lot of drink containers soft drink bottles and beer cans why so many beer cans well Billy Bob can stop it convenience store grab a cold six pack on his way home drink two three of those toss the cans out the window and he's good to go. Mail if this bill passes and the limit is raised Billy Bob is probably not going to. Honore his intake he may not even know the telco levels higher and we need directions to three beers he's not just going to have a buzz he's going to be impaired folks on trying to say is there is a reason that there's a difference. Convenience stores and grocery stores aardvark package stores they're different they're different for a reason they are there's no there's nothing says of the grocery stores or convenience store should be able saying the exit sell the exact same product as a liquor store they're different different is good the DO package stores offer ends the flower and produce produce no there are different in different different is good I would ask simply that the the grocery stores convenience stores be held to their work they told us this was all they wanted now they're back to get that and his last argument of theirs that I want to dress and I'm trying to good to hear quickly because you time your time is precious they said we just want to be able to compete with liquor stores we want to be able to compete with surrounding states that may have raised their level we just want a level playing field well that argument might make some sense of reward such compelling reasons to mange to maintain the status quo of those stores are different they should be different and if other states to raise their rates why do we have to try to keep up with the Joneses. Why do we have to follow their lead may be doing the right things simply standing Pat on what you've got now and what you've done and I believe that would be evidence by keeping this five percent limit of a make sense of these the stores a banner in two previous attempts to get this and they were told no they were told no because it made sense that the limit the less for convenience stores and grocery stores and so I would just simply ask you to reject this bill maintain the status quo and make sure the grocery stores keep their work that they won't be back for more. Glad to answer any questions any questions from inspection Senator Hammer recommend for questions thank you it do you sell sixteen ounce in your state which means. I don't have an establishment. Okay dumps like you're somebody else forget that one. Thank you senator that the answers we answers no. Mistaken for someone who's what's on the question is like I was very interested in that answer your. I think we could all use a little levity all right see more questions which page thank you for being here thank you all rights we're going to move to. I don't think I've got anybody else trying to speak for for eleven more more against thank you Mr Allen of our Allen. Illiterates yourself until here within the reciprocity remarks yes good morning committee my name is Alan if ordered with the party factory in Texarkana and. I have some notes I've jotted down I'll try to be brief. I'm here to testify and testify in opposition of SB four eleven which would allow grocery store convenience store in big box stores to carry high alcohol beer. This bill would negatively impact my liquor store and other small rule liquor stores just cross the state one of the people said earlier I think it was Mr good said that there's been no liquor store closings if he looks in my area we've lost about six or seven liquor stores over the past. Ten twelve years. With this bill liquor stores will lose the exclusive right to sell hundreds of high alcohol content beer labels which is another big blow following the loss of wine sales to the big grocery stores. products inclusivity is what keeps liquor stores afloat liquor stores will never be able to be able to compete fairly with the the grocery stores they're just bigger they have bigger buying power and did they have more customers committee and just because of how many products that they sell We are held to a higher standard than these other types of stores window we have set back rules so that we can be close to schools churches daycares we also and maintain our licensed in maintaining or licensing is made here too strict letter of the law if a big box store and. The a hazard permit revoked if they're still in business even if a convenience store hazard the permit revoked they're still in business you revoke a liquor store. Not a we're going just so you know G. to be taken care of of People who are drinking we see their faces and we we try to look we've are trained in because we're looking at every customer at a grocery store you might be looking at the four hundred people were not even looking at it because they're coming through the drive the lines that don't have cashiers anymore so there's no one who's really looking in their eyes were for as we look in their eyes and we can you know we we took we training for that. it's a standard reasoning to conclude that putting high alcohol beer in grocery big box and convenience stores gives greater access to young people compared to liquor stores grocery big box and convenience stores have higher death rates and have more frequently cited in or more frequently cited selling alcohol to minors of note liquor stores do not have self checkout as I mentioned before I believe this is also a slippery slope only hard liquor will be left on the table and that and they will be coming for that saying Mr good mention just a minute ago he couldn't you know if you rated this with two percent half percent bill can you to go somewhere else to get four percent that same argument bill will be what he uses later to say what we should have liquor in our stores as well because it's just one more step back so um if you know to we're also you know that away from schools churches and this would allow me giving stores right next door to churches are right next door to preschool's people picking up their children I think that that you have is a bad mix thank you for your time. Thank you all right we got a couple questions here senator Sullivan you're recognized for a question if you pursue language change that location law. Say it again where you sit on the differences what set your establishments can't be within certain distances of certain locations have you proposed or worked on legislation to change that. myself now but I do know that it was changed to a greater distance in the reason being you know several years back if the five questions or if you're complaining about your issue is that you can't be in other locations have you pursued locate legislation to change that no that's not my and if you proposed legislation to change the restrictions that you face under scrutiny if you're penalized to no it's it's model what they have now would be the the same scrutiny you would revoke a permit but since the only thing I said was liquor beer and wine might revoke my permit there's nothing else for me to sales of a grocery store has eggs milk you know they can sell gas and things so they they're still in business because they have other things to sell my my site would be closed I understand so if you consider proposing legislation to change that so that you equal them instead of a for you have you put work on legislation to change it so you have the same standard no actually I think it's actually a good standard because I would have I do believe in protecting children and I do pertinent believe in protecting our community I think that's a high standard of liquor stores and our first reason the main reason that we are there is to pray protect our communities okay thank you. All right thank you so see more questions you're excused and apologize because I did leave off one person signed up to speak for this and that was Mr very caps berry here yeah please come up I'm sorry. Sure. This for you call for a vote I'd like ABC to come to the table for okay speaking they'll bring a baby thank you. Thank you committee for admin here my name is very caps I'm an owner and company president gold eagle Arkansas we are in and other book distributors Central Arkansas between us and our sister company eagle stripping of Texarkana we we sell about one third of that and other bush volume in the State between our two companies we employ about two hundred people and we offer qualities are going point to our communities and the current five percent low regarding alcoholic content from all products has put us at a disadvantage compared to one based products are being sold in convenience and grocery stores at twenty one percent alcohol content currently it quite simply we need a level playing field to ensure we can continue offering the same number of quality jobs in our community this bill does that beyond job this bill puts Arkansas consumers and more similar situation to residents of surrounding states I think was mentioned before there are only three states that are like Arkansas with regard alcohol content malt beverage products all of our surrounding states have more similar limits to what's in this bill including Louisiana with no limits Missouri with no limits Texas with seventeen percent Oklahoma with fifteen percent the beverage industry has changed a lot in recent years I don't think that the the grocery store owners who came in. Said one thing in previous sessions meant to be disingenuous the industry's change ready to drink products it's almost impossible to distinguish between flavored malt beverage product and a wine beverage product and as the industry continues to evolve so most are laws to keep consumer choice competitive with other states and businesses competitive in our industry so I'd very much appreciate your support on this thank you Mr caps members or any questions for Mr gaps all right see no question Sir thank you for being here thank you. All right the desert with somebody from ABC here. Really took me a few seconds to remember that you are there any more. Michael Lewis ABC Michael welcome thanks for being here our Senator Hammer you're gonna specific questions share on a issue couple questions response to some of testimony was given do you regulate the grocery stores the same way that you regulate a liquor store when it comes to the subject matter and content of this bill yes Sir. How do you and I ask you how do you get around the fact that the liquor store can't be within close proximity to a school or other locations but a grocery store that sells the same product and is able to do that that's based on the drafting the language in the the law itself there's specifically applies to retail liquor stores that is the only type of permit that has that restriction grocery store wine permits in retail beer all purpose permits do not have that restriction. And have you had to pull permits on liquor stores say in the last year and have you pulled any permits from grocery stores for selling alcohol equivalent apple apple comparison on this bill in the last year no Sir so no one either one of the greatest correct no Sir so everybody's being compliant to the law then what we what I meant by that no we haven't had to revoke any permits we have had violations for both retail liquor stores and grocery stores but we've not had to pull any permits for those violations you know he compares in which one you had Corser maybe more liquor stores and there are grocery stores it may not be an apple to apple comparison but unfortunately I don't have that data okay. But you haven't pulled a permit on anybody found violations but you haven't pulled a permit on either one that's correct okay thank you all right thank you Michael. All right members see nobody else to signed up to speak for against this bill Senator Irvin. Recognized come back into close for your bill. Thank you so much thank you members of the committee I appreciate all the testimony that was shared acts that by both sides I really really do and I I share concerns making sure that we do things responsibly and incrementally and I think that's what you have before you today is a bill that does something responsibly and incrementally I appreciate Mr Lewis and his contributions to the language of the bill this really is about changes in the industry and a free market approach if you look at also I would just point to a consistency in policy when we allowed for wine to be sold in these types of locations the wine industry in the state of Arkansas flourished as you know we do have local wineries in Arkansas in a particular part of the state in the river valley in under that legislation that we passed we've seen in their industry grow similarly we also have craft breweries in the state of Arkansas those are small business owners that have created new products that come on to the market place and those are Arkansas businesses I know some people that Shepherd protect I have have done amazing things in fact there's one located in big flat Arkansas it's pretty as call gravity brews and and it's a pretty cool place and their product is they're trying to compete and they're trying to compete with Anheuser Busch but big flat Arkansas needs that ability to sell their products to so for me this is free market and it's really about supporting our small businesses and growing up part of an industry in the State of Arkansas that I think we are becoming known for which is our craft brewery and if you ever got a big flat I will tell you to check it out but at for me I think this is a good and criminal and responsible approach and I would appreciate a good vote. Our numbers. Center is closed for her bill we have a motion. Got a motion second. All right Sir subject second second Senator Hammer all in favor say aye. Opposed. Sorry senate bill fails okay. Can I read my next bill yes please and that's what Senate bill. Which was that it is Senate bill force seventy. Yes. Senator Stubblefield. Senator Stubblefield votes no senator Hammer. Senator hammer votes yes Senator Solomon. Senator Solomon. He's not here senator Petty. Senator Patty votes now senator Bryan. Senator Bryan votes yes Senator Rice. Senator eyes votes no Senator Flippo. Senator Flippo votes now. All right so next up we've got. with the with the bill number again Senate bill four seventy two. All right members Senate bill four seventy two. And you're recognized proceed okay thank you members and we do have an amendment and I'd ask for adoption of the amendment. Okay do we have the. Thirty thousand. Okay do we have to have a minute for. For city to. The Committee. Okay hold on I'm sorry we have an amendment that we need to have on this bill before we run the bill I thought it was being sent to the committee okay okay I think Senator I think we've got a great chance that we're going to a meeting on Thursday I know that I have like a whole list of bills to run on Thursday in insurance and commerce and I'm being told by my bills Thursday whatever it is over a person with a limited to get here if you will I can't let me just ofway okay perfect per. All right. See here. Senator Patty. The Senate bill four fourteen. Mr chairman I suspect I have a question someone ask at inter branch from XNA sure and Health all good from introduce themselves and their within server will start with the union bill thirty yourself and your guests do the same and we recognized for senate bill. Thank you Mr chairman jim petty Senator district twenty nine. I enter branch XNA. Michelle all good mental Ms offer thank you for being here secretary of or has received your bill thank you Mr chair so I debated whether or not to to open up with this comment but I suspect since I received a few emails questioning my motives as to why would be a sponsor on something that is so far away from here and I thought I would address that first much like most of the bills that come here I was approached to spot to sponsor this I listen to the story behind it the opposition was shared and I agreed to to sponsor it has nothing to do with anything negative in house full of not been pulled over and given a ticket or anything like that but the cure your motives simply just asked to to to be the lead sponsor on this so This this bill SB four fourteen deals with regional airports and what is a regional airport isn't. What regional airports were created under the regional airport Act and these are ports are owned and operated by regional airport authority which is governed by a board of directors and they're only three such airports and the state of Arkansas in the delta regional authority and cold and the Arkansas International Airport in liable and in the northwest Arkansas airport and hi full and and northwest Arkansas airport is the only one that has commercial services and so what this bill does I'm gonna hit some key points and then I will be ready for any questions but what this basically does is it clarifies immunity given the regional airport authorities by replacing the phrase governmental immunity in the regional current regional airport Act with language identical to Arkansas Code twenty one nine three oh one which is to establishes the immunity for cities counties school boards and other political subdivisions of the state this also adds which it doesn't currently have in the acted as a conflicts of interest provision to the regional airport Act that mirrors what currently applies to the city councils in Cannes quorum court's eliminates the provision in the current regional airport act that gives regional airport authorities the ability to create and improvement district that can impose a tax on airport operations on property owners many of which do not even use the airport it creates a process for regional airport authority to detach or D. annex from a municipality in which its property lines is property lies while ensuring that any existing municipal debt obligations are not impaired as a result of the development. this process requires a regional airport authority to engage in a good faith negotiations regarding other special factors and considerations that should be addressed as a condition to detachment and then finally it creates the ability for the regional airport authorities to levy a sales tax on the gross receipts of retail sales and other activities at their airports concessions car rentals parking center and to create a regional airport infrastructure and development commission to collect the tax monies and expand them to the for the airport and Economic Development construction maintenance and and someone purposes and again this only applies to those that choose to use the airport and not other taxpayers. Some some comments that that I have heard in preparing for this deals with taxation without representation in this particular situation this is a regional airport it's Services approximately five hundred and sixty almost six hundred thousand people maybe more it the board is currently made up of five cities in the two counties up there who are appointed by their city councils or the quorum court to represent their respective organization on the board Currently the city high full is not a part of this the event of this commission when it was formed back in the nineteen mid nineteen nineties I think there were fifty nine people approximately and and Hassel the the I've heard that there were agreements that were promised in terms of of of acquiring the land I have not seen any agreements nobody's been able to produce any agreements and and in fact the the actual annexation document itself we've not been able to get from the secretary of state's office so I don't know about all of those agreements all I know is is what I've been presented and and and have documents to to support and with that I'll pause and see if there's any questions thanks and concerning that will be members or any questions from the committee. Senator Stubblefield you're recognized for a question. So that some of these questions of centre Petty I'll ask you. it's just yes or no answers have there been any agreement. Whether to benefit written agreement or verbal agreement. We would be sitting here today if it had been a verbal agreement. Would we be sitting here today if there was a verbal agreement verbal agreement and. Related to what agreement related to what taxes that are being collected. I'm not sure I understand the question so the verbal agreement to assess taxes so how much money how much money will track Hopfield be giving up. Should this bill pass I got you okay so currently the sales tax as I understand the numbers are somewhere around six or seven hundred thousand dollars a year that are collected on the airport properties that is the and remitted to the city of harmful so so you stated that the rivers when this additionally started you stated there was fifty nine sixty five people some some small number like that yes we all know that northwest Arkansas has blossomed in every city as groans you know exponential with. Senate bill four fourteen. Would allow an unelected entity called an airport authority. To create another unelected entity called the commission. Authority. They detached and they own making on their own making of a regional airport from the municipalities where the airports are located and deprive those municipalities of sales tax revenue generated by sales at the airport. So in this particular case and I'm gonna dominate differ here in just a minute but in this particular case we're only talking about one airport all the other airports in Arkansas are owned by the municipalities in which they live and therefore they would not the annexed from themselves. So if what is the relation I mean what is connection because I asked some gentleman yesterday about the Little Rock and they told me that Little Rock was would be the same in the same situation. So that there's only so little rock airport is owned by the city of little rock right there are three regional airports in the state of Arkansas which we're one we're the only regional airport is located in a non member municipalities of this was that would not have anywhere from. I've alcohol does if if that was from our conversations. But the other rocker for be completely different they would be literally the City of Little Rock the annexing from themselves if they were to do that and so it's it's an impossibility our most of. The authority again an unelected entity would have the ability to enact sales taxes and allocate how the tax revenues are spent through the commission with no oversight from the people senator statement so I would I would but I respectfully disagree that is that totally unelected in the sense that there are seventy six members that appoint the board members of the extraction area port and and they would therefore be responsible to those but are they elected versus appointed I still think that there is representation in a part of the reason that we we have the five cities and the two counties is because as you can imagine it may be got real territorial as to where this airport was going to be located and they all got together and they agreed to this commission and representation of of the the five major cities in the two counties in which it lies and and the intention originally because of those territorial debates and arguments was for it to be in the county and not in any particular city and and then two years after they broke ground is when that hi full annexed them so so you're still you're saying yes to people would still have a voice in whatever takes place here I've been it is my belief that they would yes I feel. The people of Highfill you have the people of I feel. They have any say at all in anything that goes on after this and they don't currently have by virtue because they're not on the on the representative on the board. Okay so you have to be represented on that board and any say so so that the people five four would fall under the representatives on the board skews me appointed by the Benton county judge and a pool and approved by the quorum court of been County. So there's two members of the story that it removes all of the listed these we all looked at the right at all appointed to a council to seventy six locally elected officials all right section three section three four fourteen is new in it it grants broad immunity to authorities there directors employees that is worded immunize them against any suit above their insurance coverage including contract actions and the legal exactions. Can you respond to that. So the the language is you see above that there is language that said that they were and governmental immunity from tort and there's not any case law to really support that and so the language that the is being inserted in replacement of that is language that is already in the code and we have a the body of law that gives us direction as to how that's supposed to be applied so you senator Tony language in section three. No there is language in section three but if you look directly above that and section two. There was already language about the governmental immunity from suit and for. And so that language which didn't have any case law that really explained what it was intended to Maine has been replaced with language that mirrors language that is already in the code with respect to municipalities so that we understand and have a better understanding of the how that language is to be a five. Okay Mister chairman Phillips. Sections eight nine. What's really of the media of the bill. what allows authorities to detach themselves from the municipalities where they are located in preventing involuntary annexation of property owned by an authority by the by the city. The truth yes yes. Allowing authorities to deprive. Municipalities of tax revenue or existing taxes generated by sales tax after the attachment when certain conditions are met in other words if the city from which an airport detectors had exacted a sales tax detachment ships the sale of the tax revenue from the city to the authority on the complicated statutory conditions are met for assistance I'm gonna let her give you the more technical and Germany give you the the gym Petty country answer and and that is in essence what is happening currently the five cities in the two counties are not getting any of the the sales tax or any any substance of of any of the sales tax currently it's all going to the city of high for. So now you for your. So if the authority chose to the annex so their board by two thirds vote chose to the annex from the municipality in which they are part it is not an automatic shifting there is no transfer of the taxes that are currently being collected to the airport authority so and in order and here where there are bonds that are outstanding and that would have to be addressed and it is unlikely that that sales tax would be discontinued during the time that the sponsor outstanding. Our so so it one of these unelected entities They're not answerable to the voters is that correct. I'm sorry what was that any eight either one of these on elected entities we're talking about they're not answerable to the voters. Directly no that's correct okay okay so that I'll have some other questions for the. I feel great all right thank you senator samples Senator Hammer you're recognized for a question Sir sure thank you just a couple quick ones what was the intent when the same was set up way back when because I'm thinking it was set up as an airport that you knew was somebody I don't know there was going to grow to the size that it is today and that there was no consideration factored into the decision back then that would allow for the needs to be met that sound like they're not being met and I'm just try to get my mind around what the intent was when the same was originally formulated way back when the airport commission is that what you're referring to or or what. What specifically you're referring to. That now. That now it seems like the tax revenue that is being generated is looking to be re directed outside of work currently is allowed to go was it not in the was it not foreseen by the forefathers of set this up that this day might come that were having to have this meeting here today. So Senator Hammer B. it was not intended that the airport when was created so the authority was created in nineteen ninety two. The site selection occurred in nineteen ninety four and the site was called Centerton to which was an area in unincorporated Benton County in nineteen ninety five with programs and in nineteen ninety seven the annexation occurred and in ninety nine nine instantly we we appear before the legislature and try to detach at that point were unsuccessful so it was a contemplated that there would be sales tax because it wasn't contemplated we would be inside the municipal limits of any city that could levy a tax so what if this wasn't envision that this would be an issue when they set it up okay so you guys record were you guys were annexed by the city into the city. In nineteen ninety seven two years after we broke ground in this two year before we started operating okay and then just one other question may this is the appropriate time and let me get it and I'll stop. I got up I got a picture I saw Facebook or somebody sent me something's been lost communication on the subject and it showed a couple police officers from the city up there. At the airport. What are the is there security there's provided by the local law enforcement what services are provided by the city entity to the airport that if removed would cause adverse effect either to the security the operations of the airport. Or would be would be detrimental so so none of those services are provided by the city currently so therefore thirty has a lot of flowers like a municipality would have we have police power we have the ability to pass municipal ordinances we have a police department of fourteen officers including the chief I believe that handle all the security and the TSA river on fire department we levy other taxes on things like fuel it but nothing else means we purchase water from the sea hyphal this bill would do nothing to change the water service districts we would hope to continue purchasing water from my full even if that action occurred so there shouldn't be any impact to services or any any change of anything we're we're aware of they're not they're not maintaining our roads are providing any of the services on property. Okay. Senator Solomon you're recognized for a question. Thank you so when this was originally formed where there are taxes that went along with that that would be needed to be distributed among all the cities involved. No Sir so there was uh there was some I think a lot of skepticism in the region about forming a regional authority like this so in our regional agreement from nineteen ninety two it specifically states that the airport authority cannot go back to the city's ask for money and also there's no money going from the airport authority to those cities so it's a self sustaining contained unit kind of like a qualified municipality already okay so we would talk a lot about taxes and and people voting for a tax so when. So when the other cities are not receiving any taxes they get a chance to vote on whether or not they would get money or seems like the city of high full decided this was a money maker and jumped in and annexed them before any of the city contemplated that correct but there's no votes they didn't get to vote on whether high full an extra tax at all today no Sir my understanding and and I don't have the the exact figure but somewhere in the neighborhood of forty some odd individuals voted to annex as soon as of of similarly small number that voted for the tax but nobody in the region outside of the city of five full got any kind of input or voice in that yeah I think it's really important that people get to vote on whether or not they are taxed or not it's also really important if they can devote I'm giving somebody else all the tax money and this bill just seem to be the first to take advantage of an opportunity to to increase their revenue in the city without getting input from the other cities surrounding who could've also benefited correct it we are similar distance from them is amended bills close to US senators oppose just about the exact same distance from the city Cave Springs the town centers we are for the removal revenue sharing vote by the people most okay thank you. I think it's important to to point out that. as as we said. The sales tax is not going to go away immediately if there will be a a a walk down of that number and then if they do choose to assess a tax that's paid by the users those that choose to use the airport and it will be retained and and and used for improvements to the airport for those that uses so it's not being used or not being taxed if you're not using the the airport. All right thank you Senator Solomon members are any quirks other questions from the committee. All right six okay centers Stubblefield you're recognized for a question. Party what brought this all alone initially what precipitated this. Sir for me to sponsor no no no I mean the the bill and of of a sale of itself what what caused it what spurred so I I I'm gonna deferred to XNA but as I understand it the the desire to The self sustaining they have a significant budget they have about two hundred and fifty million dollars in capital projects and they've only got about forty eight million dollars and and and and then forty nine million and indentured that were planned out how much to offer what's that the and they were paying out how much to how I feel but it's about six or seven hundred thousand dollars currently so that six hundred thousand dollars was going to break at tonight. I don't think that was the the indication now. So they're trying to drawing taking more money. That that is what spur the Bill. So I turned I think we we have increasing infrastructure needs so we have a three and a four mile road on or inside that is used widely by non airport traffic had a twenty year life this was what was expected to have worked your twenty five that's going to cost several million dollars to to fund the repairs on and as we do see aging infrastructure needs at the airport and as we grow it's just it it's again it's a source of that that the revenues generated by airport activities on airport property and it seems reasonable that it within support airport infrastructure we have a we have a review of forty million dollars in the bank we we have forty eight million dollars with forty nine million dollars in debt and two hundred fifty million dollars and identified projects that we do not have funding identified for so it it yes that if we were to pay our debt off we would be about a million short right now how much money do you get in receiving grants. I don't have that figured out I will say that those typically goes directly towards runaway infrastructures of the FAA does not typically pay for public roads which is what our big need is at the moment. But the they do replace things like concrete on taxiways when they were out and that the whole thing really is about who's going to get the money I think. It if everybody was honest I think that's a big part of it obviously it's clarifying things like the you know who has original jurisdiction for the police department and and other things like that is also part of their intent for harm feel in action I just sit down together and try to work this out among themselves yes we met with them actually last week one final time with the with municipally attending also several legislators with no. Five No resolution was found I I think that the you know the hope is that after this bill passes will still be able to talk and and try to come up with some kind of an arrangement but it's hard back with him after the bill passes it looks like you would have your way it's kind of it's kind of hard to to negotiate when only one side has any leverage or anything to lose and we right now if we work you know it takes a leave it we don't have any way to negotiate right now so I feel that that is the way they're negotiating is taken related so far we haven't been given anything so I would say that we have even gotten that far okay thank you Mr. Senator Solomon thirty four understands of the other surrounding towns haven't engage with high full in and to drop some kind of a revenue sharing agreement with since I was like this is a regional it is a regional and it sounds like all the. Players in the region should benefit from this resource not just one community to have you all reached out to those other municipalities and asked them to join you in what you're trying to do. We have not again we we spoke to our board back in August and they would communicate with those that appointed them to determine what level of involved they want we we do have some support of local officials that are willing to testify if if needed. Or any other opportunities could you be annexed by four time that does so that the the the this bill actually keep us from being annexed everybody body else as well. Thank you Senator Solomon are there are there any more questions for the committee. Okay center for questions we do have quite a few people have signed up to speak for against this and so what we do is All the elected officials so that your your shoes for the time because we're not going to fill the seats up down here in the table what you step aside for a minute I would ask that you know if you're with the city hi bill if you're elected position if you work for the city to come up there is a group not feel what I you know kind of thing that a little bit and just selector for Cooper to speak for him and ask you to do is don't touch on the same points. It'll go around the table and just introduce yourself so I can check your name here on the list. And we will go from I left around to my right so we're gonna start with you Sir. If it is resolved and just tells you does your position your position Highfill thank you I am Bob Wright senior managing director Cruz associates I have handled the financing for the city of five for for many years okay thank you Mr right. Carl public works director for the city Michael. Sir Chris on my rifle thank you Mr. This subtitle one council member. Closure is a shy okay yes if. Elliott. To get the get the button there in the U. S. District thank you job and when you testing until trigger might soften the button it'll go Now Cassidy one eight years. Is that but is there You their gas okay Cassie Elliott hi the landowner and former city Clerk for hyphal. Okay thank you see Blake with chief of police for the city of awful. Thank you and Jamie Thompson counsel for a city of five. The all right and such are you as concerned citizen are you represent justice's okay what what so if you're gonna get there because I got a few citizens are signed up in population size because well I was a start with the employees for the city by Phil. Story session was going to be heard. All right so as to who will start first Mr Berra they what we're gonna start with you Sir. Thank you guys for Linus commander speaks yesterday. The. My family lived in high school for over a hundred years I've lived there my whole life. back in two thousand twenty five pulls the census. The population was about little over fifteen hundred people regional planning as of today has this just run around thirty five hundred people. I know there for talked about needing money to for infrastructure growth you know I feel that pain because we're the same way you know any city is a sign you know specially up in Northwest Arkansas everybody's grown so fast. The. And I know some people asking questions about how come other cities doesn't benefit off the tax will have full. All have his residence. You know they have to deal with the traffic deal with the the the planes flying over their land. My house is in the direct pass planes fly over my house all day long so no other citizens relief in other cities really deal with that as much as what Highfill deals with we deal with all the traffic it don't matter whether you're coming or going there for you will go through high for some point in time. So that that taxes are the services would be fire please you know. I'm sorry I'm I'm super nervous that not to be nervous about I can assure so. I'll just let I'll be done right your five year fight anybody else you know I stick my foot in my mouth at least once every five minutes so you'll have nothing to be nervous about Senator Ricky there's no reason agree with that Sir. Cecil the bill on the agenda so so I'm watchin. When I took office January first I reached out and it was and still. Enter for. yeah. River we still have the First Congress first communication that the hive address that I had with the airport was I reached out to any branch bottom city hall we had a good a good conversation last week we went back I think there there's. I'm not gonna say that they're not wanted to go shape but there's one to pass this bill and then go to the negotiation table another question got asked you know why wait to the bill next that's what we asked you know so last year we passed a decibel level for the airport. A few years before that we pass zoning around the airport no it's just a commercial industry that way there's no subdivisions and stuff like that of that nature on the report. Back in two thousand fifteen sixteen on the east side of the airport we denied a farmer to build a chicken farm because the airport said that the lawyer from the sun off the road what a hamper the policies vision. So to say that hi FOR hasn't been cooperative with the airport is that's not accurate we've always been Cooper with their board of I've been on the city council there for. Twelve thirteen fourteen years and been Planning Commission. And we've never told therefore no one any so to say that they they master's you know as far as rezoning does bill levels or anything of that nature so to to say that were not cooperative. Is not a fair statement. All right thank you Mr mayor thank those roundtable In a particular order so so I want to jump in. Yes. All right Cassie can if you just go ahead if it do me a favor if you will just go ahead and state your name your position again before you start because procedure comments I would appreciate that Sir and my name is Cassie Elliott I'm hopeful landowner and my son and my mother in law live there still on the farm it's been a family since eighteen sixty I lived in high full for nineteen ninety four to two thousand nineteen that what's important to you is the history and I have to correct a few things that you heard earlier about the history because I was here twenty four years ago before your committee. It was Senate bill seven six three of nineteen ninety nine and it was a. The same deal and I and it be annexation from high school. I feel was a small town and XNA did choose them however saying they wanted to de annex whether they wanted to go into another city at that time I'm not really sure what. They're and thoughts were at that time I can't speak to that. But I do know that I came down here it was March of nineteen ninety nine I was the new city Clerk hyphal. I never had any training and thanks to the Municipal League and they provided a lot of that for us. I do know and I do have the article from three eighteen of ninety nine from the newspaper that talk about us reaching agreement we negotiated. I will quote the bill would exempt the airport from regulations by the city of hyphal under the legislation the city would be allowed to keep revenues from taxes now levied at the airport according to Senator Hendren. The amended bill was called the compromise bill so high full as the mayor said has always worked with the airport. Throughout the different mayors over the years for decades they worked with the airport thank trying to provide services that their small town was not prepared for they also wrote a lot of grants to provide services when I could not make it that funds to do so. I also want to speak to a time before I was city Clerk and clarify that in April of nineteen ninety five I had just moved back to the area and been in the House about for five years was still in college and some of the fireman and some of the people from the community reached out to us because we were in that and cooperated area and I and acts ask us as well as the other farmers in the area to annex into the city of hyphal. Everyone did so willingly by petition and so that was recorded with high fulls annexation ordinance from ninety five dash one which was. Done April fourth nineteen ninety five XNA did not buy land until April twenty fourth of nineteen ninety five that was the first parcel that died Vaught said they had not broke ground Heysel was their first so I wanted to complete with that. Also and like the mayor mentioned it is a stress for high school in the surrounding towns I'm sure to provide services around the airport for the areas senator grown around there it does doesn't stop at the boundary to the airport. Our firemen and our policemen have provided protection. And you total aid to the airport even though. When we were down here last time the airport said we will have our own police force we will have our own fire department that's what we want we don't want your help with that so the city just provided water at that time. Hi full and has worked with them on the zoning police and fire protection and when it floods in that area there's an area below Highfill called healing springs that is now part of high school as well that has petitioned in and this areas prone to flooding our firemen have been. So helpful to that the residents of that area plus traffic trying to get to the area to accent a to provide services to them I know you all have a lot of people that want to speak today so often played with this. Senate bill seven sixty three of nineteen ninety nine was a bad bill and so is this one I'm not against progress none of these people in Highfill ark they've just tried for decades to plan it's hard to plan for this kind of growth to be a small town you all a lot of the represent small towns you know that the coordination of roads water and sewer planning and zoning all of these things have been done by small community that. Needed to grow with the times so no large business in the whole state can achieve what the airport is asking you to do it is taxation without representation because Highfill doesn't even have a board seat on XNA yet they're in high full city limits and impact the residents every day. Thank you so much for your time today and please realize that this is a bill that is dangerous not just for high school all of Arkansas on your small communities thank you missile all right next up. Blake with chief of police for the city of awful well chairman committee members thank you for hearing us today I will speak on public safety and how it relates to Senate bill four fourteen. it's been said mentioned multiple times that the relationship between XNA in the police department is stressed at best that's not of an entry statement in the past the police department was established in two thousand seven and XNA had other arrangements for law enforcement services at that point and ever since then. throughout the years we've had issues with being able to provide services in regards to what extent he wants the police department to do and what the police department seizes the needs regarding public safety in two thousand and nineteen there was a need for additional public safety at XNA that was recognized barter by my administration and our department stepped up to the plate and that was not something that XNA we wanted us to do and so our department stepped away from that endeavor and continued to provide services to our citizens we've always been willing to work with the action a police department under my administration specially I think that I see the need for public safety in that area. It's and it's a very important thing to the officers of my department or agency is very lucky to have the equipment that has and provide the services that we can provide to our citizens and the local community and Senate bill four fourteen will probably indefinitely. Back to that in a very significant way you can negatively because we will not have the The revenue that the city needs to continue operations such as you know law enforcement services it's a very Financially taxing endeavor in some cases and I think that our department has been able to receive grant funding for the equipment that we currently have I know that our police department works very hard on a daily basis in our fire department works very hard on a daily basis the. Support that we have given to XNA has. Undoubtedly saved many lives and I know Miceli it spoke on the healing springs area we have a swift water rescue team that responds down to that area during the rainy season and we have performed many rescues that are ninety nine percent of those people that are being rescued out of that area our airport passengers and we're taking those people directly to the terminal. Some of the other things I'd like to mention of traffic accidents in D. W. eyes or increased for agency in our jurisdiction because of the airport traffic our agency is a. Has been able to handle all of those without question and we will continue to do so I think that it should be noted that anytime XNA record requests or help that we're we're able to provide that and I have never denied that that's a service to them. That's all I have thank you two four one of the points of disagreements the the city five bills having with XNA we Carson public safety and law enforcement involvement there sure so some of the things the point spring up in the past there was an incident during Walmart shareholders in twenty nineteen that of our level of public safety and. Operational involvement was not something that the airport authority welcome they didn't write like the response so the that was one of the most significant ones that I can recall what happened judge of that sure so during that interaction. During shareholders it's a very high traffic time for the airport at that time I was made aware of deficiencies in the public safety side of XNA regarding their law enforcement services that they were able to provide which was concerning to me as a police chief I wanted to make sure that we were keeping everyone safe within our jurisdiction so we made a decision to help out with the with the enhanced security operations to find help with that with me sir help with what is what what specific things we all do sure so we provided specialized officers that had specialized equipment such as special training in tactical gear that would deter any cut type of terrorism or any type of active shooter event things of that nature not unlike you would see it any other report and in the United States as a request from XNA from the border so there were talks between me and the law enforcement officials at the time so there's a sergeant at the time that I was speaking with on a regular basis in the chief at the time so there was open lines of communications as far as what we were doing and that we actually posted on social media that those this that was what we were going to accomplish for that particular operation detects and I ask you all to ceases operations that it okay okay so that I guess that there was no agreement on the front end of what the C. Fite full would be provided as far security assistance sure during that sure correct and you know in the G. you will just show up to XNA. Just emptively no they were aware that we were gonna be there okay all right hello Sir questions Senator Hammer. Just clarifies who was an issue for help on that particular situation. I spoke to chief Neil at the time and sergeant David of our. And they specifically asking for assistance. yes there was assistance requested for patrolling the roadways and I relate my intent for the operation to be enhance security inside around the terminal as well. And that was your decision reside at the request of the airport that was my decision okay all right thank you thank you. Not Chief you're recognized closure marks. That's all I have okay thank you Sir. Page question for Senator Stubblefield Teague okay well. Chief of. If this were to happen with this fundamental change the annexation law by giving action they. That the server from no where else in Arkansas Code. Yes. That you're asking me that you would allow for would change their annexation law was found nowhere else in Arkansas Code. As far as far as I'm aware yes regarding airport authorities yes okay. Senator Solomon your question I'm just not aware to most. Or to have their own security are difficult the town within the jurisdiction provide all the security it just depends on the circumstances you know I've I've reached out to several other airport police departments and other colleagues and I think there's multiple multiple layers of jurisdiction and certain airports and sometimes you might have multiple different agency respond to the same call and aye aye interesting is this the sounds whoever shows gets there first usually takes that but call and handles it so in our state our case it is a multi layer jurisdiction as as I am aware of it and we do provide those services as requested the group in your area to spend dynamic dismissed so the same. The problems have grown exponentially and as your responsibilities within that growth it seems like those responsibilities in jurisdictions would also be dynamic and have to change over time correct so how how would you describe the dynamic change over time S. the. Your traffic is and responsibilities have grown the change not the traffic that comes through the town the ex the growth of the the cities and your responsibilities for houses your Your responsibilities and discussions with the airport changed over time to the dynamic changes circle on. When you started this we're gonna do this we're going to do this okay and that you have this to huge growth going on and so those responsibilities have to change correct have those discussions going on in your opinion over time if that jurisdiction changes I think this is in regards to the airport I think that they've been pretty well nonexistent recently just because of the fact that. Things have not been the census bills been introduced communications been pretty well non existent but I think that. As far as it relates to our jurisdiction and how we're adapting to the changes that the airports. Causing as far as impact to our city I think you know those are those are. With any growing city that you know staffing and and and equipment and things like that are all part of the puzzle and as far as my administration goes were very proactive in public safety and and law enforcement most of our for our officers are on the fire department as well so I know that. Our intent is to always provide the highest level of service that we can't our citizens and that includes the airport at this time and I think that's important to note that okay thank you sure yeah I heard a reference to the Senate bill of nineteen ninety nine I didn't catch the number of facets seven sixty three to hear that correctly missile. Yes seven sixty three of nineteen ninety nine okay. Thank you for your. All right. Okay all right Chief web thank you'll see more questions members committee so Okay. The did you have a question. Yeah absolutely we're going to right yeah I'm just kind of got locked up by the question for the chief and. For your first followed suit Mr right start with these are your your the of. What's criticises role here the additional bonds that's right our underwriter that's okay all right not been with cruise for thirty seven years and I've worked full for number of years now works with just about every other city utility in Northwest Arkansas over the years the reason I'm here speaking there is always the if you read the bill a lot of of language in there dealing with a municipality that has X. sixteen the existing to I've had quite a few calls and says bills is been made public from not only trading desk but from investors in this debt investors in some other similar type that the way this is structured in the past this the the bonds are paid from water and sewer revenues and from the taxes collected in the city trailing twelve months the city collected about a million dollars in in sales tax it's it's difficult to get from the state but the exact number is that is generated at the airport the number's been thrown around a six or seven thousand so we'll just we'll go with that that is pledged to repair the that is why the the the investors purchase today I do I have any concerns or fears and then what I've expressed to the investors and in Florida have any concerns or fears that the death of hyphal will default no I do not that I don't lose any sleep over that and if I don't think anyone at the at the airport or on the board would contemplate that whatsoever I'm sure that's not that's not a concern what is concerned other than than some of the issues that the city is covering there is one particular provision in here that that essentially says that that once the airport this bill passes once the report to taxes in excess from the city that the the process is the the city and us along with the airport need to negotiate. the the debt and and how that's going to be extinguished or vertical run its course if we can't come to an agreement on on negotiation goes to mediation of that is and successful it triggers a number of different items and one that is concerning isn't it it is built specifically that if it does go to you'll be on mediation that triggers that the city shall use for escrow all units that is listed in there all pledged taxes and revenue to pay off for pre pay the debt obligations as soon as is permitted by the documents relating to the debt obligation and shall not use the pledged revenues taxes revenues for any other purpose. So if we get through the process can negotiate or mediate it automatically triggers in in the way that this is written if it passes as it's written then the city has to take all of their orders revenues and all of their taxes and then pay toward the debt and try to pre pay that debt debt runs out in two thousand thirty seven they have two bond issues outstanding so that's it if the way that that is written in it that is triggered the city has no options whatsoever but to use all those taxes and they are using some of taxes for operations the city water and sewer system and taking all of the revenues from the operations of the water system gives no provision for them setting up captive prevent funds depreciation funds don't even give provisions to operate the system the way this is written so that is my main concern on if this just passes right through then we really have to to make sure we negotiate mediate and then come to a resolution that is fair to both sides otherwise Mr right up Senate pay go ahead and conditions. So just a couple questions so are you saying that you. Are you don't believe that the bill as written allows for the extinguishment of the debt. Is that what you're saying that it's it's your concern it is. It speaks a lot to the office and in the year for. Once the dentist. Because of all those taxes. so that. The passion. The you know as they are for the next thirteen years despite all of this is just. I have no doubt that I for a long. And. For. The reason. That is not the way it is written that. Readers in C. Fite. All the revenues and all those taxes. And in the revenue that we're talking about are the place revenues not all city revenues but pledged. The brothers alarm services. Okay and you said there were two bonds outstanding and those total how much is a little seven seven million and what's the annual debt service on those two little. Six hundred thousand so about what the tax collection is. I. And and I'm I don't know what you Mr chairman what your plan is as far as questions follow up later yeah we're gonna call K. H. O. at. And so in and they get we all speak of you to make sure that your microphone for close gonna corners are having trouble. Mr yes sorry she's me do you mind if satchel over a million species he's got to get to a a his kids event. With that bill. Of. Thank you get up here such. For those of you don't know we've got you know your Fulton county's own Salem native such all over with us today it's a big honor. If the kids event got canceled Senator. Full. My name that shall overflow with live in my life and daughters live there and how awful we have a cattle rancher joins XNA to the west if you're flown out of there you saw our Angus cattle and we love how awfully Love XNA what a beautiful thing with difficult spot for you all to be in because. I was doing great things and acts nice doing great things there's no doubt about it so when I'm looking at both of those. They're both wonderful my family loves them I dove into the bill itself and it's missing a major ingredient. And that's why we're against it it's the vote of the public. It is removed the vote of the public completely. And that's a little scary that's a shift in Arkansas policy that hasn't happened before. That an entity not that state. That an entity they're calling in authority. Can detach without a vote of the public levy a tax which I believe is in violation of the Arkansas statute twenty six seventy five five oh three it says to levy a sales tax in our state it must be voted on by the people. That's been the president our state because we are at taxation by a public vote state and always have been. This bill takes that away. It completely contradicts. And that's a total shift in public policy that hasn't happened before. The next level is the ability to levy tax and spend that tax money with no oversight. Even down here you all have lots of oversight. There's not an oversight factored into this bill by an elected to boards board number one and then board number two vote on elected in the gray area on board number one that I get because they're appointed by elected officials I get that gray area. There is no gray area on the taxing authority it's completely unelected no gray area whatsoever. And that's why this is against public policy and so let me give some examples of real spooky about this president and Senator Flippo of talking about that it got back home right what's by managing the largest. Taxpayer in your district. If this passes saying hi there's nothing to create a way to create an authority and there's now a message there's a statutory scheme to detach from the town and stop paying sales tax that's pretty spooky to your constituents like it is the citizens of high level that's a precedent this never been set up by passing this bill could set that precedent. That's what I'm talking about next. Our ranch joins XNA. I seriously doubt we get to do cattle there the rest of my life I'm for pretty sure my children right that's just the reality of life so I've been in these meetings with leaders of northwest Arkansas the landowner saying what's going to be there in the future I've heard lots of different things car factors that if the CPS does. So scary to us but we recognize the you might be able to control growth but you can't stop. Well today if somebody purchased Darling let's say settings that sales tax as with any others town in the state of Arkansas would go to the city high. Is that's where we live. But if you pass this bill XNA could either by our land or even eminent domain a municipality can do that they could eminent domain not just our land on my neighbor's land the to whatever put in a fed ex and if this bill passes passes. XNA would get the sales tax revenues and not the city council tax the implications of this bill and that's why it's such a big deal so I got to say Senator Flippo thank you Mr all of course you're gonna you're gonna inspire some questions Satch so we'll start with Senator Solomon we appreciate your support and moving fed ex to Jonesborough. I sent over to us we go on the report we've got the area there okay I'm reading from the Senate bill seven sixty three of nineteen ninety nine if if if a municipality in which the property of the authority is located merges OR AS an ACT or consolidated by another municipality which is what has happened here the authority may DM acts from a municipality upon a majority vote of the board that the directors of the authority for the current law allows this to happen. They're the they're a. The GNX yeah with the public hearing public vote drive with Matt what it says. I'm looking at line three on Han Senate bill seven sixty three. If I'm reading it correctly. It says I have to see if the municipality in which the property of an authority is located or merges which is what happens or is annexed. Or consolidated so some of those situations you mention by another municipality and authority may DM acts from the municipality upon the authority majority vote of the board of directors so that was in the original bill of. My reading it incorrectly. Is this so the bill passed that seven sixty three of nineteen ninety nine did not pass it did not pass okay that's okay if it is not currently correct okay. It what Yes ACT fourteen twenty. So it did pass. Thank you. Really committee. And you are the price or. Thank you Brian. Okay containers are solid I don't know what what point I made by the three. Okay service center I see a question you're recognized for a question is is to be for century by. I understood you know to say hi field does not have a. Position on the board is that correct. That's right to you know have a position on the. Where that is a good question I don't I don't I mean I think we have to ask and your branch by the. I mean I don't cloture on but we have to get unanimous approval for all the members on the board is that correct so okay. Yes we can do is what you get them out there but I'm I'm I know that I thought that all along that first time I heard that we'd be reduced today we bothered me would love to be a member of the board and I think that would be a great represent high full. I will let you know we're good at thank you. Sir certain. All right Sir so the full address. Thank. Yes Sir this has happened before you know that no Sir I don't yeah two hundred fifty years ago when a bunch of men got cancer some tea in the war. Distributed that did basically the same that was tax taxation without representation yes Sir. It was Benjamin Franklin at that the the party okay. The best of in the U. K. as a ambassador for the American. All right Sir Petty. I want to back up to an example that you used a minute ago sash you we were talking about setting a precedent and a business could be an axe and therefore not be charged if charging sales not have to collect sales tax can you can you go back on that and explain that this I wouldn't clear on what you the point you're trying to make their. Yes Sir. All I'm saying is that this is unprecedented it's not happened before except for has a been pointed out by Senator Stubblefield but what I'm saying is is that a precedent would be set for a message for an entity. In this case called authority to the annex levy a tax spend the money with no public vote and with no public oversight that's that's what I was saying is would be created for the first time so we can look at your different districts and see I don't know what's going on in the different districts but is there an entity there where there would be a the ability for them to become an authority and follow this. Is so what I'm getting at is it's possible that this may not be just a one time harmful effects in a issue when you pass this statute that's something to consider. But you were talking about a. Publicly owned entity or a for a privately owned entity as opposed to a governmental entity that the your concern is that Walmart D. annexes from Bentonville and we got a problem or what what a big problem okay but if if if Walmart D. and exits from Bentonville the money that they save goes where. To the shareholders I don't know okay I know that's never happened before and I pray that you I do too but but in this case is going to the money that would that is could be it's not automatic could be collected is going to the improvement of the airport hi Sir I'm interrupted just for just a quick second so for the audience this will be the last bill that we're going to hear before lunch before going to session we're gonna jerk we're gonna come back and meet again up the immediately upon adjournment so we got just after twelve o'clock right now it wore out double discussion debate on this bill by twelve thirty I'm going to go ahead and recess and recess us until we we adjourned session and they will meet about tenants by the Germans afternoon okay with that they're pretty continued Thursday what the audience what not there preserve bill your for we're gonna take that up this afternoon so you'll be free to leave or go grab lunch or something. So so in this case it is it is it is not a privately owned entity the the board members I maybe they are compensated but they're they're stopping or whatever it's not a. It's all going for the improvements to the airport who are then benefiting the users of the airport in this particular case I understand your concerns about setting a precedent but in I just wanna be clear that you were suggesting that a private entity could be an axe and take the money and run. That's that's correct senator what I'm trying to say is that is the method to get where Exane wants to go here there should be a public vote of some sort out my mind the XNA would spend the money well they're doing a great job berksten fantastic job and look for having coffee with insane that's not the issue to me the issue here is if you're going to do this there's a better way where there's a public vote that's what I'm saying is the problem with this bill that's what I'm getting at XNA doing great things I believe they would spend the money very well and it will benefit our region high schools doing great things the law currently says that sales tax goes the Eiffel they're doing great things is going to benefit the region if we want to change that. We need to the public vote that's all. This okay so. Currently there is no representation I'm not speaking I'm just asking a hypothetical question here there's no representation there was a small number at the time the airport property was annexed by a small number maybe your family was there this is not again I don't I don't have an axe to grind against any of this but if if the representation was there and and we have representation. Bye hi FOR on the on the board we would to I don't remember who said this with with half will be interested in sharing that with the remaining communities in the in the region. We just left my ability to answer. I don't know I don't know that is the. That's questions and answers that we would like to to be able to answer you know I can't make that decision on my own and have to go to the city council but that we would like that opportunity to work something out instead of doing this right here we we haven't had that option we haven't had been asked for that opportunity. So yes we would love that opportunity. Senator we have a good yeah Senator Solomon the Senator Hammer. There was a public vote in order to annex the airport of the all the areas that were involved no Sir we've got the paperwork it was a petition signed by all the landowners before they sell the land to the airport I understand that you know we're talking a lot there needs to be a public vote to move forward but there wasn't a public vote when the annexation was taken that's of all the people that's what I'm saying all the people if you sign a petition to wait annexation laws are if fifty one percent of the landowners sign petitions or I understand that but what about the events surrounding towns what's that what about the other surrounding communities there was nobody that are impacted by this there was there were Bentonville was about eight miles away there's the limits at the time Senate and was about six miles away on their syllabus at the time case Springs was probably the closest at about forty five miles away okay so Cave Springs did you vote with them that they get a chance to vote okay sorry that you got to an exam case brings the limit still isn't even I mean that there's a limit to still a couple miles away from Mars but you you expanded sport five miles to become the sole. We the landowners sign the petition like the city high forty to go out and say Hey we're gonna go to a vote on this annexation landowners because when the airport come in when they started talking to land owners nobody raised nobody was jumping up and down when the airport out there nobody wants to sell their their land to the airport they all want to stay informed the land like they've always done to their families and and all that. So when they when the airport said we're coming to this area right here the landowners when signed a petition to annex in high school because even though they weren't part of hyphen C. limits they were high for residents because half of them were on a fire department you know they all went to our stores they they all went to our churches and hyphal our community building half of them went to school and our community building you know so they're all high for residents but they just weren't a citizen if if that makes sense the firm has a different question so did you said you came down and testified for Senate bill seven sixty three. So it one time you were for. Allowing them to the attics and now you're not no and I pull that up and I'm sorry I wanted to look at it myself I had a partial copy and so I was here for high full not for XNA I was the city Clerk at the time and if it said that portion that you read if a municipality which was high full in which the property of an authority is located merges with or Hispanics or consolidated by another municipality like Bentonville or one of those other cities annex hyphal then the tax and I could be an ex so that's okay there is double double move there then before that can happen right okay thank you for clearing that up sure. All right and then questions from top Senator Hammer I'm sorry. May not be appropriate time I would ask it. If what do you guys see is a pathway for to resolve that without a vote on this bill because we vote on this bill and it gets out of here he goes the other in I got a feeling there's going to be some conversations that occur so I'd like to hear from the governmental body that's represented here what do you what do you put on the table what could put on the table that you would see would be a solution moving forward. I don't know what actually once you know I did they they haven't related to this the only thing that Andrew Branson I've talked about is the road and we've always been told by the airport. That their whole property out there is private for us not to come on to that we can't do anything out there you know like we sell water to on but anything where they buy water at their meter at the edge of their property we're not allowed anything after that like we don't have no plans of their of their lines we don't have their test point so the same as with the fire there please the roads and for the longest time we got towed that the road was private. And if it's public or private that's fine we just need to know but what what we what I explained to Andrew was we've always been told for twenty years that that is private out there so if if it's public then what you want if you want help with the road okay then we can fill out we can follow grants and stuff we can get with our representatives senators to try to help get money for the repair of the road. But we've never been asked that if I mean the question has to be asked I mean if you want something you have to ask that's usually how I've always done life if I want something I have to ask for I just can't. Assume what's on their mind so I don't I don't know what what anybody wants okay that. Last question I should stop is right right now you'll realize about six hundred to seven hundred thousand years at whatever while ago or giving give or take okay. For that six or seven hundred thousand a year that you get of which I'm sure that has contributed that airport has contributed to the building of your financial based in the way of new businesses homes and all that stuff that you put money into the coffers which airport getting back if if you're not allowed to or ask for you have no presence on the airport at all for that six or seven hundred thousand dollars that's coming out of the airport going into the into the treasury of the city what are they getting in exchange for that anything at all then. The you know when they have a large out there playing you know has a light come on or a possible crash you know the fire department goes out but on the far department's going to do don't want to don't want to just say hi because the only one who goes after so danger question directly into speed this up nothing but they have asked either so we don't know what they want I'm I don't want to like sometimes my wife look at me and I'm supposed to understand what she's thinking ahead on April. So this is a live stream and. Thank you for each of the liquor store awhile ago don't do that well I live to be two Arkansas I'm in trouble when I get home yes. But if if that makes sense that we've just never been asked we haven't had the opportunity to say yes or no to to to anything because we haven't been asked what would you be willing to give what they want okay we'll need to get a room that. Thank you senator brightened center pay. Thank you Mr I just wanna follow on Senator hammers question part of that that money that comes in the sales taxes debt service right so if you if you get seven hundred and on annual sales of sales tax that services six hundred fifty. You keep the fifty but it's not it's not a windfall that that occurred yes okay yes. Servery right along the same lines I and and again mayor please understand this is not the personal axe to grind anything with you or the city or or anyone but out last week I ask you that when we were on the the the zoom I was on any of you guys were an in person the same question and and that is if. Currently the sales taxes covering your debt service then there's really not other than the the improvements that were made through the issuance of the bonds. That are used in other parts of the surrounding the airport and including how for proper Ollier all of the sales taxes generated there a good portion of it I I can't say all is used for debt service to to center right to point. But if if an agreement. Today was reached and I'm not suggesting that that that's the case. Then you're gonna have to find a short I mean it boils down to you you want and need the money the airport wants and needs the money to use it for their improvements they've got to capital improvements and so. If you give anything. Currently to to senator Hammer. That's going to be a a hit to your budget based on where you're at currently because of the debt service so if you did agree today. Then you're gonna have a under the under the bill currently there's a step down to the repayment of the bills which may be fourteen years from now and it and at that point. You you really have and that impacted your city budget because you've paid for the improvements through the debt service payments that you receive from the from the sales tax and so it's not a hit to your budget under the bill but if we go out and we get in a room we make an agreement to any calendar at all it's going to be a hit to your budget is that is that a fair assessment that's a that's a great question and I'm glad you brought up I love the work the way you worded it. So over fourteen or fifteen years of them paying off our debt would be the same as if you say okay over fourteen fifteen years let's start given next night is working to your budget your city budget to give X. nine money and that would be that want to be detrimental to our budget because I could take in the city council and we could plan on that that could be plan just like a budget every year so that way the city council knows the citizens know Hey this is a stat this is you know say it starts out of state thirty thousand dollars a year and and and the and we say that goes on for twenty years and or tell researchers a Max amount of money. And then it stops and then we re evaluated in again to see where all the finances is that would be a an option that I would I would love to take a backseat counsel that we were not here fighting a bill that is going to hurt hyphal financially and it would give XNA the financial stuff that they're one as well you know and it comes to an agreement that the bill already lays out that we can do but we've just never been asked that question so I would love to take back the council and say Hey this is this is the number we got it were awesome you know would you guys be willing to budget and if the council said no then I would think if they would have a right to come back and say they said not. Known as long as it's a number that is reasonable if that makes sense something that we can afford not something that we can't afford. Yes fair fair point so back to senator Hammer question what can you afford. Where is the starting point at well you tell me what you can afford is what I think the quick I mean you can using your words what can you afford today and today under this bill it's it's zero that they're asking you to afford and it's it's based on that that extinguishment it's fourteen fifteen years down the road which gives both parties time to plan in the meantime. The the XNA folks they're not getting any money in this in the meantime you're getting the same amount of money you've always gotten maybe maybe even growing but it's still fourteen years I think is what the number of the first one so it it at a minimum before any improvement or money would be had goes to the debt service and then after that then there might be a step down correction eight but that currently. If we walk out here we make an agreement today you know I don't know that that date the parties can agree on a number this particular bill give everyone ample time to begin to work on a number and and you know I I served on city council for eight years I. Very very familiar with with sitting in those seats and and having having the ability to plan long term is is is important when you're talking about that my city last week got an announcmenet that they closed the Tyson plant lost a thousand jobs I got an hour notice. That's not good and I'm I'm very sympathetic to that but it would seem to me that the surest way to. Ensure that you have that step down and all of the benefits of the money is to past that allow us to pass this bill. I don't know interest rates are high now but they've been low in the past you know if you extinguishes long as you don't extended or or raise the debt service there's a way that to pick up money in the in the interim so for me it seems like a clear path forward under this as opposed to some back office you know backroom agreement so on sars that. Well I just wanted to dress. The negotiation that's happening the passing of the bill does not circumvent the fact that this bill still has an elected. Officials levying a tax. Spending the money on an elected officials spending the money with no committee that selected oversight it's not like your committee or some other committees overseeing it so even if there's a an agreement made which would be wonderful if something could be happy and we all live together at these we want that be great if you pass this bill you still have this fundamental problem with that. That's usually by the time people get to this committees because they're not able to live together have together that senator office senator ever you're recognized for a question thank you I'm on I'm on the pitches and the of respond to me. So the airport does get any of the tax money that's coming in generated by those that are using the airport is that correct great. All right so you got about five hundred thousand people that are flying in they're paying taxes. Because there you license services airport that gets none of that money back because it's all going to you which you've testified that you're not in return sending anything back to the airport to help with the maintenance of the airport so my question is who's representing the five hundred thousand taxpayers are paying taxes that are not getting the benefit of the use of of improvements at the airport. Well that that questions could be going the same way I mean you so the thirty five hundred residents of living Highfill that deal with the traffic and the noise and all the growing pains is coming with the airport for the last twenty three years do they not have a say so in this as well but they but you get in there getting the benefit of all taxes yeah right exactly okay you know so there you know that the people that come in here are city or fly in or fly out there they drive here for and get on a plane and they leave they don't they don't live here every day and when they come back they they get a carton they go home with us to Fayetteville Rogers Bentonville they don't have to listen to a plane flying over their house and are trying to take a nap because they're up all night and merge the calls or or you know selling chickens or something you know they. They don't have to worry about that they don't have to worry about the traffic coming in and out and. The fifteen hundred people that it grew from fifteen hundred to thirty five hundred are all those brand new houses that people built knowing that that ever was there yes Sir just like the airport bought land on that they were going behind. Okay. Okay thank you the centers are sold. Their appreciate what senator Hammer said a while ago by coming up with an agreement and you brought this problem to and you guys said years to work on a and now it's here in our lab and I'm telling you right now I'm favorable to passing this bill and I know time is short and if I were you I would be going to the airport group asking for an amendment to this bill today that could be drafted prior between the time we adjourn the time we come back to that B. O. R. could draft an amendment to this bill that we could pass an amendment and the bill and that would. Kind of merged the two ideas. I know that time is short but that to me if the best way because right now I'm sitting favorable to the bill to pass as is because there's nothing that I see that the threads the needle on this so that this for I am thank you thanks or and end with that vote for to a little bit before others for twelve thirty four twenty five we're gonna go ahead in recess and so we have a long agenda today and in the Senate by a three page agenda so you know know how the Senate works could be thirty minutes could be four hours so you know I'll just ask you all to kind of you know you don't keep your eye on the on the watcher and see what we're academic tennis upon adjournment and so you know you know Mr feeling get into what I say in the interim and got a good steak dinner I'm sure such by and maybe I can house all this out before we come back. What we we will reconvene tennis Ballinger meant of the Senate thank you we're recess.