Agriculture, Forestry & Economic Development - Senate

The members had asked it to I have an amendment on it and this is the amendment and also the A. B. C. wanted this and it just says on the second page line for transport medical marijuana in an amount greater than five ounces unless the person and this is what is unlawful for a person to knowingly do unless the person is a licensed transporter and that is the new language on this amendment. Okay you wanna have questions you want to committee of quick. No one signed up to speak for against that reflect close review I'm I'm close thank you the. Later the committee. If you're close your legs of the complete. motion do pass on second all in favor say aye All opposed congratulate thank you so much for rule passed over Senate bill six ninety seven of Senator Clark here. Okay we'll pass over Senate bill three eighty five review involved. Anyone here with house bill nineteen twenty. Senator Stubblefield I'd rather have representive all but anyway. Check back on. The bills were passing over can we move those to deferred list. This will be our last meeting of the okay session so that that would be a relevant. Yep yeah. The and I say that unless something emergency come to appoint someone else would have called merge me but but. All right House Bill pardon. House bill nineteen twenty Senator Stubblefield you wouldn't do so for the record you're recognized thank you Mr chairman of Senator Gary Stubblefield district six. House Bill nineteen twenty well we have an amendment to Sherman. Okay members member should be on your desk. The motion to adopt amendment second all in favor say aye All opposed sure sure you're recognized to introduce or discuss your bill as amended thank you Mr chairman thank committee of the Senate house bill nineteen twenties is really a pretty simple bill it just sets up a process by which ADQ Department bag can. It together all these rules and regulations that the beef industry the dairy industry have lived under for many years and and re look at those rules and since they're still relevant are see if they've. Maybe come over burdensome and and do away with some of those rules and I would of. That is a is a former dairy farmers most you know I can give you the example after example of of rules that were placed on us during forty something years I was in the dairy business that did not work. And instead of doing away with those rules many times they just didn't for some and the dairy farmers simply just quit abide by but this is set up a process by which ADQ. The Department bag can look over these these rules. That have maybe come up and and it's one of the biggest thing that hinders of the cattle industry in this state. But it sets up a process by which they just look over him and decide which ones are still relevant which ones are working which ones are not and alleviate those that are not working I'll be happy to answer any questions questions from committee. but. Thank you chair. Would you consider on this bill next session without cattle and milk production a. And just have a look over all rules. Senator Beckham. I don't know why you try to make it so difficult for me. No I would not. You don't think we need to revisit all the rules we have all of the for across the board let me correct it let me correct myself I agree with you one hundred percent we need to look at all regular this is a great deal of thank you thank you yeah we need to look at all regulations motion to pay let me get to that part time I get to any other questions from committee. No one here signed up to speak for against it Records sector would you have any comments on it and knows her very good check back we have a motion of do pass as amended. Senator give more all in favor say aye. All opposed congratulations to approve. Would probably not sure you will try to be nice for you next time you come down here if everybody don't know what you are after I spent six months in a wheelchair thanks to or sensors so feel sold me. Your bill. It is difficult to be knocked him sometimes. Okay represent Christian. House Bill eighteen eighty three. Future interdiction **** for the record and you're recognized thank you Mr chairman committee on Craig Christiansen representative District forty seven and this is house bill eighteen eighty three. This bill in its simplicity recognizes the partnership between man and animal and affirms the right to work together and that affirms that right that the state recognizes in commerce service legal hunting agriculture rose Marie transportation ranching entertainment education or exhibition I know that you heard rumors out there that this would ban such activities is actually supports those and goes against those that would like to stop those activities it does not remove alter or change any law ordinance community resolution or any future law regarding animal welfare animal cruelty puppy mills dog fighting it cetera municipally gonna work carefully on this to make sure that this plug loopholes that could have been there we included some statutes at the request of the Arkansas you main society we did several things that made it a good bill an excellent bill so it ensures that mayors are in control of their communities and their ordinances and there's only. What this bill does is affirmed the right of humans and animals to work together and enterprise and it is a restraining a good bill it is endorsed by the American Kennel Club fully it is endorsed by the Arabian horse association some trail riders associations Arkansas Arabian horse club and others it's a strong bill and I ask for a good vote. Okay questions from the committee. Okay. We have a Tricia power. from the C. right to come and speak against shipment power you an audience would you come to the table please. Issues with. You would turn your microphone introduce yourself for the record and you're recognized thank you Sir I am Tricia power of the director of animal control for the city of Bryant and I'm also here representing the Arkansas state animal control association I am the association secretary Good morning gentlemen and I'm here at. As both a proponent of local and local control an advocate for animal welfare I'm concerned about this bill this cleverly titled act does not actually protect working animals at all but those who would profit from them if passed it would be a prime example of government overreach taking away local control in regard to the local regulation of animal specific businesses that's opening the door to an unregulated wave of such businesses infiltrating our state which may be operated by unscrupulous owners unregulated breeding operations on a very large scale could open across Arkansas which would serve no other purpose than to generate income for the owners without regard to the welfare of the animals within such operations and would likely cause a tidal wave of unwanted dogs and cats to enter the few animal shelters located in our state overwhelming an already burdened animal welfare system. Additionally if passing effectively tied the hands of local officials when it comes to adopting ordinances to regulate or otherwise create laws or perhaps even amend existing laws to control animal related businesses and breeders which operate within local jurisdictions by making it illegal for local leaders to pass such ordinances or regulations that's creating a burden on local jurisdictions with an open door for potentially frivolous lawsuits to challenge any ordinances which those protected by this bill might consider to be a threat. if passed they fear the unintended consequences would far outweigh any potential benefits at defines working animal as just about any patch except for livestock which is a contradiction to existing federal laws in regards to service animals I thank you very much for your consideration allowing me to speak today. Committee won't have a question for Mr. Seeing none of our thank you very much we will. I'm sorry I said the no question she usual thank you for your testimony secondment. President Christian would you like. Senate NO one else signed up to speak for against so I respectfully disagree with our witness because the municipally gonna work very carefully to make sure the local control was in place and I stress again that this is this does not alter state laws or rules that regulate animal care public health public safety including without limitation five day six two dash one or one and one four dash fifty four one oh three and that. As you go through the list of those animals it does not take away any local control whatsoever in fact the last sentence says. It does not supersede a municipal zoning ordinance Senate allows complete control for the mayor's I agree with what you said if that were the case with this bill I would not endorse it but it is not the case with this bill it affirms the right of human animal partnership and it is very clear in the bill it does that the first version was on the website was not complete and there been many misconceptions it didn't get on the website until eight thirty Monday morning. Okay. Closures Bill I'm close for a bill and I would ask for a good vote should give more moved removed do pass as our second. Second for two all in favor say aye. All opposed. Everyone knows ayes have. Resolution bill thank you. Okay. Representative Gazaway. Not here. The For representative general. Okay okay okay. Okay. Record-Eagle running and we're on house bill nineteen thirteen. If you would introduce yourself for the record revenue record sales but in district twelve What this. House bill nineteen thirteen represent gavel Gazaway bill. It does changes the amount from the twenty thousand dollars fifty thousand dollars for bids. For the bit thresholds for drainage districts only. Just a very simple clean up bill okay. The one on the committee have a question. No questions. No one is signed well. Okay no one signed up to speak for against this bill please committee chaired Walters do pass as a second all in favor say aye. All opposed resolution could well suited for you. Goals stated while you did pretty good job pass at all. Durations leading. Thank you would enter the ship for the record thank you for your Senators per share for the record and you're recognized thank you Mr chair Greg Leding a state senator for district four. Good morning Erica J. Wright Lindsey and Jennings. You're recognized that we're on the Senate bill seven oh three thank you committee recently in a public health committee former Surgeon General Joe Thompson talked about how to cover nineteen pandemic is really xcelerated telemedicine by about a decade we've just seen the advantages of being able to meet to meet remotely to be more efficient keep patients safe so what we're doing with Senate bill seven three is just clarifying that a person who qualifies for medical marijuana card can attain the license via telemedicine. Question welcome. Thank you chair us they're letting this. We were even doing this for about a year now I have only a little over a year. With with the nineteen okay. Just wanna clarify we're just putting into code will void or even doing under the emergency orders correct. The question. Not again I don't have anyone signed up to speak for or against this the. Bill directly would you like to close for your bill. A good vote thank you. The past that is our second. Second all in favor say aye All opposed. Resolution thank you Committee okay Sir Clark is shown up. We'll be doing Senate bill three eighty five. Clark if you would please introduce yourself for the record and you're recognized. Stay central in Clark. Senate district thirteen. The of the most of you are familiar with SP three eighty five we had an amendment I don't know if they Senate here or. The general is very good of we amended SP three eighty five for the utility companies. To make sure that they didn't have a problem Mr rise will not did visit and of the logging folks didn't think there was anything of they really thought we're going the wrong direction trying to fix this problem. and didn't see any thing that they could offer And I'm back be glad to present anything else you want to know about it it just says you have to get a permit if you want to. Log within a gated community if you're doing over three acres. And the your within of two thousand foot of a home within the gated community we did that I which is based in with the whole center who's a developer yesterday hoose said no I. He told me how many lots he does a year none of all those Law at a time because he's doing it to build not to log. The. I've never seen a time of but we. Or you just stated to log what we left it because you know I looked out of hot springs villages also of in center samples district in close to me and I looked at you know at the at the far reaches you know might they want to log out there for some reason away from where the homes are and they might and so but so of that's the reason behind the bill and I'll be happy to take any questions questions from the committee several. Senator Clark in here you've got the cutting more than ten trees I build couple houses in the village and we have had to cut for more than ten trees large trees and so. Of particular don't like that. Part of the bill The footprint of the House dictates women trees you're going to have to cut for you drive was gone the. And your words from the and. Motion to take up more than two injuries to key to get to where you need to be. S. and center supple you work here last time we present the bill of and offered to change but we put a number in there trying to make a reasonable number of an offer to change that to but whatever reason will not be hello it's it's there now and and that would cause a lot of problems in heavily forested area are cause for instability. to have to tell you can you can get a permit because like select footprint of the House dictates committee trees oral health and and what you want you regard to look like in the driveway and most the time it takes more than fifty entries awful lot. They have to be over six inches in diameter of seven or and that wanted to thirty located on three or more acres it was not located on three or more acres you don't have a problem. To come and speak against it. And we're a block roshek with Arkansas timber production association showed please comes in the table. General if you would please introduce yourself a return microphone introduce yourself for the record and and you're recognized the one controller first. Certainly. I thank you Mr chairman I Max Breslin executive vice president of the Arkansas forestry association. And Lowery Barker road executive director of the Arkansas timber produces sources within one you're both recognize anyone can start who are ones certainly then I'll start and and thank you for the opportunity to visit with you again here on this bill most of you were here the last time we discussed it I'll try not to to be link the I think we were clear in our opposition and the reasons why and the forestry sector as a whole yet still remains opposed to Senate bill three eighty five the the Arkansas forestry association Arkansas timber producers association the Arkansas forced paper council we we did have very relevant and thoughtful discussions on the bill I have also had a lengthy conversation with one of my members is not only a large timberland owner but is a residential and commercial developers that was very enlightening to me that again clarified that they follow and have to follow very rigorous guidelines they're very a specific process is that they must follow if this is a development issue if it is a forestry BMP issue and let me make it clear that in this very very isolated incidents forestry BMPs were never cited as being out of compliance but there are also very very long standing successful remedies from that perspective we do not have an interest in being a regular little longer and I hate to even use the term logging when it comes to gated communities because that's not what we normally do but it's not about what we want to do from a logging perspective it's what we have established as a very successful collaborative and ongoing improving. Voluntary. Forestry best management program and if we're going to start making laws it looks when we perhaps see things that we don't care for aesthetically that's getting very close to wanting to do the same thing from a private land perspective out in the country where we do normally do logging so that's where we're concerned is we have a very very successful voluntary program and we simply feel like that this issue is not about forestry BMPs I don't think we would want to go in and start regulating folks who are performing very very well and hit and we're not the folks that were actually cited for causing a problem in this particular isolated situation so just just let me reiterate NO four St B. and P. cited this is not a forestry BMP issue forestry BMPs for water quality water quality have a static values in them but they are there for the purpose of protecting water bodies where they come into contact with the federal clean water act and so it's not an aesthetic value issue and simply is not an issue were forced three BMPs really need to be a part of the the discussion and the solution in this particular incident and so we would respectfully ask that you vote no against this bill and and continue to support our voluntary program and not move it towards being mandatory or regulated in any way especially when our performance says that we can very well take care of those types of issues and that every remedy is already in place for an issue like this thank you. Mr chairman just of follow up a little bit with what maximum with I won't repeat anything that he said in total support of this of all the. Want to mention we just the with respect to the BMP program there is a BNP training program that's required to fall timber companies and by December another member purchases to the sustainable forestry initiative program but that's outside the does the board back to what Max is talking about about the the statewide of BMP program there's also a right of recourse for BMP non compliance when complaints can be filed I would like just thank highlight the landowner right issue that may be of concern here if there restrictive covenants in the property owners association either bill of assurance or or covenants of within a day there can be restrictions incorporated with that land on or in that front in a gated community that would provide restrictions for logging in this case the or other requirements such as that and you could run across a situation where a landowner can't get the timber cut for example just just food for thought if you can find us someone who would want to go to to comply up to the other application process it and to get of the application to the employee compliance application to begin with so again we think we need to leave the BMPs as they are voluntary that this could be a step in the in a bond or a mandatory the program we don't want that is work well over all these years has a good success rate so again like Mike said this is something that should be governed by the above those of other property owners of the requirements and Association requirements and that type of thing not a state issue so with that I'll close and again we appreciate the not supporting this bill thank you. Okay committee one Senator give more yes I do have a question maybe for you senator Clark and gentleman feel free to chime in as well and then perhaps I've just missed it but is there a definition of a gated community anywhere in code to enter this bill. Because I know in south Arkansas and German obviously aware and you senator well or where the. Many many times there are families that live on roads that have a gate it would that be considered a gated community and how was how would we define gated community. The surge Gilmore aye I'm not an attorney not aware whether it's currently defined or not. And and Senate in my eye and my conversations even with folks that were in the the residential development issue it was difficult to land on a specific definition of a gated community we all know when a gate is is located somewhere but I couldn't find anyone that could help me understand truly what a gated community is and so I I I don't know that one exists and it's certainly a concern that we have because you're asking someone to take a guess if with if they're doing the right thing or the wrong thing or not I don't know that one exists. You're sure you're going through okay. Any other questions Senator Beckham. Thank you chair Several questions of the MAX First. This is still the first permit fee related to forestry in the state correct. To add to our knowledge actually that was a point that was clarified by our state forester Mr Joe fox but but we to our knowledge we we don't have to get a permit to log in the state of Arkansas. Sir Clark of you know I'm not clear as to what the difference is but this is been done in hot spring county not Garland County although the community. sits in both and I was told the reason was because they have not got a hot spring county doesn't require a permit in garland county does so maybe they have an answer to that. Hello. Follow follow up your. The. DO you wanna answer additional discussion on. But will check out each month on this bill Page one. To my knowledge there's no permit required a law anywhere in state of Arkansas and are association we're separate sociais Haitians but not our socio Haitian totally represents the independent logging contractors in Arkansas there's no permit required to go on a job site to do any logging that I'm aware Commissioner back in your favour. In in this is for Senator Clark Nothing in here prevents I login company the the doesn't required to stop after one acre just requires on the call in after an acre for inspection is that accurate The reading that correctly. For a center but it just says that the department shall conduct inspection after the individual's load one acre the idea is not for them to log one acre shut down wait. Three four five days a week whatever it takes for the department to come under specters of again what what are you. If you started line ten on page two I don't. I don't see any provision in there any requirement in here for the longer the the company cutting trees to stop work until it's inspected. Correct. Clarify that because this was my initial reading I assume that those are intent is for them to stop and I'm I've read it several times since then I have never sold a stopping. So I wanted to make sure thank you. Thank you. Any other questions from committee. I will question no one else was signed up Sir Clark you like to close for your bill. Thank you Mr chairman. The of as your where. We could have had lots of people here to speak for the other side and in deference to the fact that you've already heard them. Of. Of the chose not to have you in involved of long meeting. The of. Not gonna tell you this is a perfect bill. But also tell you you know coming from the timber industry. we can talk about what we've always done. But what happened in Diamondhead is not what has always been done. if this would happen hot springs village of Cooper done this on different senator be present something that might not be this bill but be presenting something The When you when you bought property in a gated community. and they start clear cutting around your house down the down the main streets we're not talking out at out on an ad somewhere and where it was beautiful and and treasonous they're gone the. The what are as I said last time our best practices then the to be amended to include an area like that because what happens out for I live. Or will the hundred twenty acres right behind me was as clear cut and what that looks like is acceptable out there it certainly Huttig Sepuloni gated community that can't they can't fall under best practices so I understand it's a difficult bill it's a difficult problem but this is not what is all this cannot be portrayed as what has always happened in that it's always been okay it's never happened it's not okay we would have been glad to define what a gated community as I think a judge would know clearly what a gated community is but The. I would appreciate you hearing the bill again and I would appreciate a good vote. Players Committee. Move do pass. Second all in favor say aye. All opposed say no. No we have. Thank you Mr chair thank you members of the committee of. Secretary ward in which fox I need seo for you leave we're Jr.