City, County & Local Affairs Committee - Senate

Okay you're you're going record recognized run. Your readiness for Senator Tucker This call. Eighteen twenty house bill eighteen twenty four yes Sir are you're recognized run house bill eighteen twenty four okay it's eighteen twenty four is this kind of a clean up bill the the I'm really doing a printout of companies in the counties essentially what it is is basically this is codified what really is the practice in most counties we have ran into this other places but there is a change in the law that made it where you charge an additional fifteen dollar fee when you reference another instrument what this does is clarifies that references only if you're actually releasing modifying doing something with that if all you do is referencing like a lot of deeds if there's a if there's a place at the no reference the the previous Platt well they should be charged fifteen dollars when the legal description all does just reference previous plaque and there's also a lot of other bike at an instrument may may reference multiple other instruments that had been modified that it's not modifying and so this just boards the the additional cost for that so that's basically it happy to answer any questions are a committee for the explanation billing questions. Anyone from the audience which speak for against this. Saying none Senator Ballinger close for you real time close appreciate a good vote are we have a motion to pass Senator Flippo and a second remote sens Johnson education. All those in favor say aye All opposed resolutions thank you chair the committee. This. Senator Tucker you give a bill. Tucker you're recognized for to present Senate bill five oh six. Thank you Mr. This is an easy bill Famous last words off of the entire bill says this this amends a section dealing with public facilities boards and it says well members on the public facilities board it can also be on the the city council or the or the city board of the municipality that created the public facilities board anyways you can't be on the board that governs the other board both boards at the same time I think it's likely to practice ninety nine percent of the time that when someone gets elected the city board to resign from the vote was Elise Board but this just puts it into code to make sure that practice followed a hundred percent of the time that's it. I'm surprised that within the board's policy already yes Sir any questions Senator Johnson thank you Mr chairman Senator Tucker it says municipality or county so casting that means quorum call exactly now is a county judge or mayor and ex officio member of these entities are not or can they be. I'm not aware of I'm not aware of that I don't know what you're not aware that is not that way either that's right I mean I'm not I'm just saying if you can't have a J. P. or a city council person on there maybe should have a mayor either I'm and I'm not against it I'm just trying to see where we are on that you're trying to avoid a conflict of interest that's right I would say arguably that the mayor and the. Can't or the county judge serves on the governing body so that they would be covered by this also okay thank you Sir thank you Senator Tucker these government bodies they have set of bylaws correct. I would imagine so and this was no where in the bylaws not that I'm aware of okay any other questions from committee Senator Clark. Yes Senator Tucker who we force them to resign. There's one case that I'm aware of which is a reason why this bill came about it's it's a north to northeast Arkansas I don't know the name of the individual I kind of thought that. Yeah party any other questions from committee members Senator Solomon where northeast Arkansas and cricket council the Okay so Keep in so who is it that's doing that I honestly I don't know it's in Eastern Arkansas it was Easter is more accurate than northeast and I don't know the total number could County would be north the yes Sir it's more along it's more I think it's more eastern and the delta region. On the on the river and the case specifically is what I think there was an a person who served on a public facilities board was elected to a city council and one to hold on to both positions and they didn't resign from that okay. Do I know of. I don't know the answer to that center will select. Or any other any other questions from committee. Art scene under isn't anyone in the audience like to speak for against the bill. Sinan Sturch Tucker you because we will yes Mister and I appreciate a good vote are we have a question for the. motion sent Flippo do pass have second Senator Johnson indiscretion. All those in favor say aye. All opposed. Senator Tucker graduation bill passed. Right the representative Ryan. You have a bill. House bill thirteen ninety. Yes Sir senator Kerry and Mister chairman pleasure to be with you today as you know we've. Working a lot on the second amendment and gosh on two ninety eight you've got a great bill and you know what it what is the situation A committee there's part of of this bill this actually. Like a tandem with with two ninety eight and and and when you go down to the front of it it will let you know that any law are and not all but any kind of directive that would come from the federal on the second amendment to let our people in the state of Arkansas. You know know that We're under what they would want us to do that would be of no avail and it goes on down and and on the The third this set the bottom of the second page it mentions assets and then it also goes owner even a little bit farther to mention the president the United States in any kind of directive that would come from the federal through that capacity are even Congress would be of no avail it would any kind of directive that would come from the federal would have to come back to to the Arkansas General Assembly to have anything ratified. So I just think that this would be counted bill senator still feel that would we even strengthen our second amendment rights here in Arkansas. All right of center question question. Brooklyn rider you think this will actually make a difference. Surtees. Do you think this will actually make a difference so I really do Sir and and especially the portion senator that mentions the president you know we we've been hearing things all along the last two or three weeks about that situation and in this bill actually does nine the president United States in a bill so any kind of directive that would come from that direction would be of no avail Opry should you bring in a in through the S. A. klient support but I think when the time comes will crumble like a cheap suit but but thank you. Right center Johnson you're recognized thank you Mr chairman representative rights. Degree I'm for your bill but I do have a question very and you reference the real ID act. Can you tell me. What this how this would be affected one way the other by the real idea don't really know that was just a part of of the actual statute that was. That was placed in Senator don't really know a whole lot about that will be very on that's the one where you have the driver's license that. Is thanks Dave postpone the implementation but it's kind of a more accurate driver's license that you can use to go on an airplane or in a federal building things and I I just I'm just wondering what it would it is so how does that relate to the second amendment was my only question I don't that I don't think it does it's in there senator while still vote for it but I would get a chance I would like kind of find out what the logic is on I'm with you on that I'm with you on it Sir I'll be honest with you the other written part I guess I've been concentrating on that so much that I really didn't think a whole lot of us as we work at it later thank you representative thank you Mr chairman yes. Or any other any other questions from committee. Cinews anyone in the audience which speak for against. Ninety percent of riding on closed yes Sir I'll close in and I want to know how much I appreciate working with you and I and I report and that this is just all of us and I just want to make sure that we had everything in place to take care of the citizens of our state our our committee you've heard in its place the bill. Sure entertain a motion. I have a motion sensor Johnson do pass second from Senator Flippo. Any discussion on the motion. All those in favor. All opposed. Graduation representative right bill passes senator you don't know much appreciate you and I know how important all this is to you and I thank this committee very very much thank you representative Russian. While senator Wallace you are next on the agenda. What you're recognized to present. Sure Senator Dave Wallace district twenty two. This bill. Is permissive on make that clear before we start it doesn't make any county any municipality do anything. From time to time small communities systems that were installed in accordance with the Arkansas department of health will fail due to lack of maintenance. Some may use this is not a problem but in some areas is a big problem if you talked with. Mayors and county judges in different areas you hear stories about this. This bill will allow local authorities to adopt ordinances or rules to ensure sound financial planning operation of these Committee sort sure systems to include reasonable reserves for maintenance we placement repair doesn't make him do it but it allows them to do the. And the worst that is broadly defined to include counties cities towns and districts again there's no requirement to make a rule we're not make him do anything that's left up to local authorities but it does give them more leverage do this. This bill is nearly crafted to ensure funding is available for the made this a small community sure systems. They will protect a residence for field development this bill has been vetted with socialism counties the Municipal League the part of health and the Arkansas department of energy environment in their comments have been incorporated in this bill. Some folks who argue that a did she already has a fortune authority and that's true. But their authority allows him to intervene after the system has fallen out of compliance not before. This bill simply allows local governments to get from the problem into sure Committee sure systems or hip self safe and compliant. Good fortune to but it allows them more leverage. And with that I'll stand by for any questions you. Our committee heard an explanation the bills or any questions. Central's third you said there's no opposition to this bill none that I know of Sir. Or anyone in the audience that would like to speak for against the bill. It's saying none. Sent once you're recognized close we have closed okay. We have a motion I have a motion from Senator Flippo do pass motion second from center Johnson indiscretion. All those in favor say aye aye All opposed graduate sent Wallace thank you Sir thank you committee members. Senator Johnson I believe you're next on the list. You have an amendment. Yes Sir we do have an amendment and I appreciate the opportunity to have Mister grant Fortson with the lax Volos law firm join me in helping explain both the amendment in the bill as it will be is amended. That I would move to adoption of the amendment. Are we have a we have a a motion to the adoption of the amendment is second Senator Flippo education. All the favor say aye aye All opposed. All right of center judge you're recognized you explain the amendment. I'm gonna lean on Mr Fortson he would introduce himself for the record and and allow him to probably more properly explain the amendment Mr archer you're recognized thank you Mr Senator Johnson said my name's grant Fortson I represent Douglas companies I've been asked to Basically helps because the changes made by the amendment to Senate bill five fifty one. Of the amendments made address some concerns that were raised the the last meeting of the committee one of those concerns was that rebates might be given off invoice and therefore affect retail pricing the Amendment makes clear by defining rebate the rebate is something given from the the seller back to the bar after the transaction and is not off invoice in addition It makes clear in the additional language in the other section that the rebate that is permitted is one paid by check or electronic transfer. And that Amendment also addresses the other concern that was raised which was that rebates may be paid in cash might not be traceable so with this amendment the only permitted rebates will be recorded and there will be a clear audit trail and I think most importantly the thing to address is the this bill will not affect the retail pricing of cigarettes pricing under them for serious cells act as a function of the definitions eight in the Act and This amendment does not affect those definitions pricing will still be based off the gross invoice cost plus the cost of doing business so therefore done effect retail prices and also when affect sales taxes. So are. Any questions from members. Senator Johnson you want to go and explain that basically. I don't think I could do better than missed fortune we the parties that were interested in this have come together in this agreed to amendment I think it he cleans up some of the concerns especially appreciate the issue with making sure that there's an audit trail that that's not just kind of loosey goosey out there that everything can be clearly looked at at the at the proper time. We do have someone signed up to speak against it Mr good. yeah I'm sorry for Senator Clark give questions first. Okay Mr good. Thank you for speaking for okay. Good morning Senator Stubblefield members of the committee my name is Steve good and this morning I represent two entities one is merchants wholesale company which is a small wholesaler based out of little rock employs about thirty people at the wholesale level they also have some retail outlets that the employee by other our cans of about a hundred forty there and also represent the Arkansas grocers and retail merchants association this morning again this amendment to the off had brought before you this morning does represent of the changes that Mr Sedaka's for merchants brought up the other day I have not talked to him but I understand that he is okay with these amendments it that addresses the things that he needs that he had and this meeting I think the thing that I want to emphasize this morning those what this does you know it was talked about the other day out of state wholesalers and what this does is this allows Arkansas wholesalers to compete with outside interest another thing that was brought up the other day was that you know potentially that out of state wholesalers were not being audited they have been over the course of time with Arkansas tobacco control and there have been findings against those but still many of them view that is just a doing a cost of doing business and so this would creates a level playing field for Arkansas wholesalers to compete with those are out of state that continue to rebate potentially and this allows for allow a level playing field for all. Thank you. The. Hi of appreciate the amendments the The issue that still bothers me is. This when we talk about competing with other state wholesaler's. There seems to be a problem there or there was a problem brought up because of lack of enforcement of our walls. And that came up this week of on the floor the bill on a cigar sales on the internet and a colleague told me he had been to DFA and because somebody who was so they were getting killed I understand that in the retail business getting killed because HR sales tax competitors were not and I said well did they reported to the FAA and he said they did And DF and he said and I did India pacer with enough money to worry about well if you're the retailer whose following the law DFA's it is enough money to worry about of and we can't pass laws that's going to that's going to cause the good guys. To get hurt and then allow the outlaws to do whatever they want to do and we respect the fact again that the the people who who testified who were for the bill or also small Senator Rice put actually set that up stole it from me are also small compared to the bigger people they're competing with but they shouldn't have to be worrying because the people that are bigger than them or not obey an Arkansas law in Arkansas of the we should have to be worried about this because of that but I do appreciate the amendments and Senator Clark I think you make a great point there especially for retailers because retailers let's just say you've got a code a four corner you know stop stop live for and you've got convenience stores on all four corners into convenience stores and retailers are following today's Arkansas law they're not accepting rebates well there to competitors it may not show at the retail level but their bottom line is certainly going to be much better that there's that they're taking those rebates and so what this does is this not only helps a small hole center but it helps the retailer who wants to play by the rules and and be treated the same as those that are breaking the law today as far as tobacco control you know I can't speak for the FNA saying that they wouldn't want to go after a little bit of sales tax I can to the folks Arkansas tobacco control to a phenomenal job they're a great agency and and I can tell you from my history there we did pursue re baiting you know as as time allowed through audits you know so limited staff but we did a fantastic job I think pursuing that as time allows a. Thank you. Or that's good you know of anyone as opposed to the. I don't know Sir at this point time I'm not sure I know that anyone that suppose that so I again I think this address the hot springs is issues and I'm not sure if there's anyone else out there that the this did not address. Our is there any other questions from committee members. Seeing none is there anyone else in the audience would like to speak for against the bill. saying none Senator Johnson your clothes for your bill Mr chairman thank Mr Fortson and Mr good in the parties involved that come together and worked all these things that it is complicated and I appreciate the effort that everybody by to come up with something we can all agree to and I'm close to the bill appreciate a good vote motion do pass as amended as amended are we have a motion to pass as amended sent Senator Solomon you second. In discussion. All those in favor say aye All graduations. Four fifty. Just say without objection will spend will stay here as we. Senator Johnson you want to take up for fifty two. Now we in order to do this we're gonna have to suspend the rules. because it doesn't fall within the eighteen hour limits. Without objection. Four fifty two. We have an amendment for this bill I think Michael passer that Mister chairman of. This was a bill that we had a couple weeks ago and had to do with allowing are are changing we're the portion of wards in in cities would be okay it would would be done by the County Board of election commissioners rather than city council or city board another words we went out well how quickly tell you your may remember a covered this we don't grow we draw we the legislature draw congressional districts the state board of apportionment which is the governor and the secretary of state in the Attorney General crawl the draw our districts legislative districts County Board of election commissioners draws J. P. districts and in the municipalities are the only ones or drawing their own district so what this does is makes is consistent on the city level with the county level Senator Clark consider Hendren both discussed the fact that that we need to have some consistency with how the the lines are drawn try to follow the Of course this would be done after each federal decennial census and what we're trying to do is give everyone some time to. Follow the. I hope I called reforms of those that disagree but but where we have the precinct boundaries that are don't follow any logical thing where we want to have everything a little more consistent where you have less crossover less overlap of types of districts which reduces the total number of ballot styles any county so we wanted. Make this bill for it it follows that and also the biggest thing we've done is we've moved the effective date of this bill two January first twenty twenty two so what that would do it would mean that while this is in place it would not affect the twenty twenty two election so the quote unquote old boundaries awards will be followed for the twenty twenty to election and this would give the county board's time to draw the new boundaries that would be in effect for elections of twenty twenty four and forward so we're trying to do is recognize reality we don't have census data ourselves we're probably won't be back here in the fall trying to do our job on on congressional redistricting we will know probably until October what our own district shape is so we certainly don't want to add an additional burden to the cities and in the county election commissions to try to have that sorted out in a very short window we suggest to a knowledge one of three ality so I would appreciate to have moved up to the amendment yet Michelle we have a we would need to do that so I would I would move adoption amendment this time are we have a motion to adopt the amendment have second by Senator Clark. Any discussion on the amendment. All the favor say aye aye All opposed. RT Amendment it's been adopted. Of Mister chairman I think in my previous motion I just discuss what the bill was that the I appreciate the advice specially senator Clark on trying to clean this up and that kind of pushed it back two years all of its effectiveness just to allow everybody to do their job properly but again the the philosophy behind the bill is that at the thanks someone at arm's length from the process it every other way we do business and in government Arkansas okay the for the for congressmen don't draw their boundaries the legislature does the quorum court doesn't draw their boundaries the County Board of election commissioners does the of course we don't draw our own boundaries the. Governor and Attorney General secretary of state do so that's this is to follow that same philosophy that somebody else needs to be doing it and I would be happy to answer any questions if you all still have any heart any questions from the committee. Saying on your clothes for the bills from closing motion do pass as amended what we have a motion to pass as amended. The discussion second Senator Solomon all those in favor say aye aye All opposed. your your bill carries Senator Johnson. Our anyone else is there anyone else has a bill to run Senator Davis. This is a municipally bill. Okay. Which of. Yeah. The Davis zero. You're recognized to present house bill sixteen thirty to correct yes thank you recognized thank you Mister chair and I am running this bill for representative Maddox and I'm gonna let Mr will Wilkerson explained at the bill to you the trucks of your devices up record Hey John Wilkerson general counsel the municipally I thank you Mr chairman thank you chair a pretty simple bill that essentially what we what we realize it's the city of me in a really strong attention to this issue is that there's there's different ways to set rates for water and sewer sewer requires to hearings was where is the water rages requires one city council meeting I saw this does is clarify says that sewer rates are resetting of a sewer rates or sending us here rates are increasing or decreasing is that a city council meeting is to require that the notice of the rate propose rates is published in the paper ten days prior to the hearing which would now be the city council so just it just makes clear that it's it's one only requires one hearing that hearing would be the city council meeting and from what we've heard from United is that adding an extra hearing delays the implementation of new rates when they they need to set new rates so that's all it that's all it does. Our. Any questions from committee Senator Clark. So we won't less for public participation. Route again Eads we we have to notify the press we have to put in the paper ten days prior to the that said it the setting of the hearing which is not a city council meeting it's it's still it's just one less hearing to have and use its coincides with a water rates are set that was at. Any other any other questions Senator saw. If they control when they publish this how does it. The thing I mean they control are you said that slows it down but they control when they set those meetings how does it slow down right so what happens is the the rates get the ordinance is. Past and then the hearing another hearing so if the ordinance passes at a public hearing which the city council meeting they are mapped us backwards but then but then you have to have a hearing before the rates go into effect so it's to hearings to to set the rates resistors makes it one here which would be the city council meeting is that consistent with what happens in most. Districts that there are two meetings. I mean we're setting this statewide so mean is having a problem and they want to do it they want to have just one meeting I'm not sure that the citizens in my district want to have one meeting so this for your setting this is setting a statewide precedent changing it from two meetings to work yeah just call it what I would say coincides were a water rates are set yes okay thank you. Senator Johnson. I think most works you just answered my question but this is basically saying that as you I believe you just said that to the this will make wastewater and water process due process to the same yes okay now is there any were if I made it a little bit different this this would require this requirement a different water because this would require still the publication of proposed rates ten days before the meeting so it would still so have that where is the water it would be on the agenda and presumably the notice is still going out but this would require ten days notice in the mail in the paper. And I think that is a little bit different waters is a little bit extra for this and not one okay out my concern was provision is that this this ought to be real simple and it's unclear I mean I'm it may be justified may be okay to do it this way but I should be able to look at this and understand exactly how the the you know the the pair priority the or the regular order things and I'm not clear on that so can can you help me. I didn't know what we're doing here I mean I'm other than than. Getting rid of one here all rights are alleged owning one hearing until the the House the horses are left Gates honestly. One person must have has left the gate because we put it in the newspaper ten days prior to the city council meeting with a proposed rates and so that way to the public is notified of the raids the proposed rates and then the hearing the hearing which would be the city council meeting is held and so I I agree I mean I don't write the original statute it it looks kind of cumbersome so it took some a lot of sort of figure out how to make this work to make it make it do or want to do but yes so again still put in the paper notify the print the path the public and the press of course of the rates and then have the hearing which would of course be the city council meeting. Okay thank you Sir thank you Mister. John the only problem I have with this is. You have that group of people who are consistent attendees to some of these meetings and if there's something controversial that comes up it least it gives them another week to be able to go out and talk to other people or they would not have that opportunity under this bill is that correct. President I reckon argue that logic no Sir okay Senator Clark. I was. On the same wavelength because no I don't read notices in the newspaper I don't know. Of I'm sure I know somebody does I just don't know who they are not me. So what I do. C.. Within the newspaper reports that the sewer rates were raised in the next meeting I would be a. So that concerns me of someone that that's the meeting that we're doing away with is the one where we're going to get the grief is if somebody if you know the answer city of several county level and you know and this is from a guy you know took four sessions to pass a bill that's going to force people to raise the water rates if they're selling more cost right but that doesn't mean we still have to face the public. And. in here what they've got to say and we still do I mean I I get that there's two bites that I guess but I mean AS left anyway of so you will understand the. Okay. Any other questions from members. Senator Johnson. I keep zeroing in Mr chairman on this. On line twenty eight then you scratch the word after in you put before. So. If it's after that means there's an ordinance I soon first reading. And you know it unless right. Yeah we all know it and it's all depends on the municipality I've got one municipality my district that never suspend the rules and read more that it takes three meetings to read the ordinance right and that's fine that's that's local control again but to this much is not having an ordinance you really don't know. What you're looking at as a as a citizen it would be like say having a a shell bill that raise taxes and we don't have the tax rate in the shell bill and and you didn't know about it I'm just I'm I'm really concerned about it's it's kind of a it's kind of a trust this type thing you like the rates when we finally get around to introducing your not so I don't I disagree counter that or give me a reason why I can't because it says before a reduction of the organs establishing the rates so we have to do something before we hang in before we introduced the ordinance and the thing that we do before we introduced the ordinance is published in the newspaper ten days prior to the city council meeting the proposed rates so that that's why it's not just that we just show up and we say I mean we we have to notify them of the rates as they're coming so before the summit be raise a good point about the three readings or waiting three readings depending on the city of course so it's it's like an ordinance or is an ordinance so you'd still have to go through that same process so it's not as if we just walk in and bam we do it and then we tell everybody that works down that we actually have to put in the paper of the proposed rates rate changes. But I don't see anything that would stop someone from going to the meeting and saying you know Mister mayor I have a amendment to the proposed ordinance that. Changes the right to a different number I'm right there's there's nothing to it obviously I take you from that is there. Well if your committee protection for the city not to have to deal with that bin no there isn't because you want people to come to their this the council meeting and say Hey we saw this in the paper last Tuesday it's now Thursday or whenever ten days afterwards and says you know you want to raise by Nicole you know I think it should be raised by two and a half cents or I think it should be decreased so it would encourage people to come to the meeting and say five cent increase on the right on the serait no we don't like it so now we're here because we got notice and then you have to do the three readings are weighted three readings or you know whatever the city does. Well I you know I I sit in this chair often and use your colleague sit in that chair and you all bring up the subject of local control and I always think back what what's more local than the end of individual and we're I'm not saying we're not being transparent with them but we might be being a little less no more translucent rather than transparent on this I'm just I'm I'm somewhat troubled I again it's like what do you want other than to speed up the process and and I'm not seeing anything else on that can you change my mind on that. Now okay thank you for your candor restricts thank you Mr chairman art centre Johnson any other questions from committee. John I go back to my point you know I can't think about think about the west the people who live out on the fringe a town that doesn't take the paper. And then in the towns people come to the meeting they get all this information and and if they don't get the word out to those people living out on the fringes they don't know about it even though it affects them. And that's the only problem I have with it so any any other discussion. From committee anyone in the. There's no one left W. will speak against the bill. All the bill on the bill. Are saying none of Senator Davis you wanna close review yes I would thank you. And I just want to clarify that right now all you have to read an ordinance three times and then have additional hearings so to increase the rate it's taking about half a year to do so just for sewer we have a different standard for water and and I would say that there is an additional argument to and an additional reason for this bill besides just speeding up the process I would say that this and bill creates an opportunity for efficiencies and local government we have very complicated you know processes all across that city government county government state government and to help people understand and how they can play a part how they can get involved what they can do and if every single thing is different for water you have to do this for C. or you have to do this like there's always a different path to follow and it's hard for citizens to keep that I think that something like this is really in the best interests and citizens and communities because there's consistency and how rates are raised whether it be water or sewer so I think there is a strong argument for that to say that people can fall long and follow the process in government I'd also say in response to maybe people not reading the paper I know we've got and the wonderful Senator Flippo here he's want who has run legislation and to let people and governments publish notifications and something besides newspapers because not everybody is reading newspapers anymore say what you did you look at ways that we can expand that and see where people can put notices besides just a newspaper and I think that's something that's in the best interest of citizens across our state and I'd also say that beyond the ten days and you know putting at okay and notice in a newspaper there's most cities have websites you can go online well ahead of time of the meeting and look at the agenda so if you're involved citizen you very likely are not just walking at and to city. Council meeting. Waiting to see what's on the agenda that night you probably already know exactly what's on the agenda because you have the opportunity to get the website look at and see what the agenda is or if you're in a small community and the city and city councilman may be your neighbor say you've probably talked that people in your community and to know the issues that are coming up in your community. So and. With that M. I am close I just like you guys sitting at the efficiencies this could create and and just helping people individuals along the way I understand the process of government a little more clearly thank you. Sure what. Entertain a motion you're closed yes. Sure entertain a motion. Saying none Senator Davis I'm sorry Bill failed. Thank you Committee you're welcome. All right any other any of business to come before the committee. Saying we're Jr.