House Rules

Nineteen forty eight ribs representative would occur. This going to do to self and you can get started on your presentation. Thank you Mr good afternoon committee up I'm not gonna go through the whole song and dance because of there have been major changes since the last time. you gaming do pass which I'm grateful for up. In the wake of this bill's failure on the floor I had a chance to visit with a lot of members about it. Number of things and one thing that came up more than once was a desire to tighten up the vote margin at either the city council or the quorum court whether to refer this particular boat out to the people and I didn't have any objection is I think anything anytime an important thing like this is up it's not a bad idea to require super majority so that's simply all the ten years we took out the language said majority vote and an added in supermajority I'd be more than happy to answer any questions you have about the bill or the amendment. I members any questions. This is substantially the same bill we passed out I think last week it is identical except for the voting requirement of the local bodies in referring referendum to the people. I remember you heard the presentation we don't have anyone signed up to speak for against the bill do you any questions for the member acting on what is will committee. The motion to pass all those in favor say aye. Post congratulates you bills pass. All right next bill is Senate bill four seventy nine. Morning. Afternoon. And did you have an amendment. there is an entity reference in the fiscal impact that was on the Senate side yeah thank you Committee this is so before seven nine Senator Tucker is bill it transistorized Ron through of taking a really particularly hard hit during COVID both in terms of state regulations and consumer confidence they are still trying to recover the bill is designed to help them as they built back it does two things first thing it does is it allows a restaurant that already has an ABC permit to expand outdoor dining with notice to ABC rather than requiring prior approval from ABC that's as lessons the the red tape and lets them avoid delays in expanding outdoor dining which is one of those things that's happen during the pandemic and it may be one of the things that stays with us after the pandemic they still have to get all the municipal approvals or county approvals that may be required so this is just relieving them of some of the burden of the ABC side second in the bill does is allows the restaurants to remit their sales tax on a quarterly basis rather than monthly for this next year only it should help them with cash flow as well as the minister burdens as they get back on their feet still paying the same amount of sales tax just on a little bit more flexible schedule that's on does it was originally just a few other things on the Senate side but Senator Tucker carried it down to just these two things which should help some of the restaurants as we try to bounce back and happy to take any questions. Thank you members any questions. The. I have seen no questions we do have some one person signed up to speak against the bill is gearing. Welcome to rules. Thank you Mr chair thank you members of the committee Paul Goehring department of finance administration. DFA has signed up to speak against Senate bill four seventy nine and we certainly understand that the restaurant industry has been probably one of the most hardest hit industries as a result of the COVID nineteen pandemic we are speaking against the bill for the purposes of the reporting of and remitting of sales tax on a quarterly basis. Sales taxes are collected by a business on behalf of the state of Arkansas and those funds are to be held in trust by the business and then repeat it remitted back to the state for the state sales taxes as well as the city and county sales taxes so if we are are very concerned about creating an incentive for businesses to take those funds that are being held in trust and using them to pay for operating expenses of the business and then delaying the the sending unit that money until the bill provides for tech to come in. On a quarterly basis as opposed to monthly basis so those are our our concerns with the bill I certainly the state of Arkansas we have multiple sources of revenues we have income taxes it's sales taxes but for or local governments that rely more heavily upon their city and county sales taxes this may present an issue for them as they are only where they're going to continue to receive their distributions of city and and county sales taxes but they will be delayed and which might impair their ability to meet their budgetary requirements I'd be happy to answer any questions about about the bill. Thank you members any questions for us together. Not saying I think it's going to create the testimony thank you all right we have one person signed up to speak for the bill. Cappy pack. Just introduce yourself for the record you can go ahead begin your test my. One of my name is Kathy pack I have trio's restaurant here in Little Rock for thirty four years a I'd like to speak on behalf of this a bill which I feel very strongly about not two of the little entity other businesses that have struggled during the pandemic but the restaurants have been hit particularly hard. And I believe the restaurants and small businesses are the lifeblood of our community a in my case for example my twenty twenty revenues were sixty five percent of my twenty nineteen revenues but I'm still open of we're trying to get our feet back under ourselves so businesses are seeing an uptick now we're still struggling with some consumer confidence of we were mandated to close we were the first businesses to close in the last businesses to open and I think you will also know people in your community restaurants that have closed will not reopen I think that this this bill in two very easy ways will will help us get back on our feet as far as the remittance of the taxes work we're not asking for any forgiveness or anything like that but just simply up of the ability to pay quarterly instead of monthly and I believe this is already permissible and that some operators to pay quarterly and even annually and I'm happy to take any questions thanks for time missed back members any questions. Seeing no questions thank you retest thank you we have no one else signed up to speak for or against the bill giving more questions for the member. All right I think it's a good bill which is reason I was a co sponsor of this bill I think it does help I restaurants and it's only for a year with that what is will the committee. Motion to pass all those in favor say aye. Posed. Congratulations you the Bill pass thank you. All right House Bill eighteen forty five percent Perry. You are recognized to present your bill. Thank you Mr chairman members. House Bill eighteen forty five is a is a bill to amend the law for a microbrewery restaurant private club to allow advertising currently the statue states that they're not allowed to the advertise any kind of signage or even social media this simply opens it up and allows them to do so you can see it says the or there are required to put a notice to members so it is a membership a member club. And they're required to do that and any events that they do advertise have to be there on the premises. I'd entertain any questions. All right members any questions. Seeing no questions we do not have anyone signed up to speak for or against the bill so what is will of the committee. The motion to pass all those in favor signify by saying aye. Those opposed. Excise have and regulations. And Mr pair represent her excuse me you have house bill eighteen fifty six eighteen fifty six we're gonna skip over right well actually I'll pull that bill down. I do have fourteen twenty two all right you're recognized to present house bill fourteen twenty two. The invite The Director Chandler come join in case we do have some technical questions on this but. Mr Kennedy would just introduce yourself for the record let me start with the bill. Doorly Chandler director of alcoholic beverage control administration thank you very recognized thank you Mr chairman committee this is a was gonna man the authority of the alcoholic beverage board you can see it really takes it all in language in a what they're wanting to do is the the actual the director of enforcement would be the oversight of the enforcement agents in the disciplinarian in the end the above him is the administrator Mike Moore that's what we when you strip the language out. Thirty one adding to that. Yes I'm here to answer questions okay members are the questions. All right seeing no questions we do not have anyone signed up to speak for against the bill with that what is the will of committee. The motion to pass all those in favor signify by saying aye. Posed as have a congratulations pastor bill. Thank you Committee. House Bill. One zero six six representative. Members this bill does have an amendment should be on your desk. Representative Pilkington if you would that to begin with just explain your amendment will get the amendment object your bill then we'll get on to the bill presentation. Fantastic thank you Mr a real quick this amendment simply delete the word microbrewery and substitute the word small brewery it's a better definition for what this bill relates to and then on page two it adds the line the proceeds from the sale of beer directly shipped to the consumer by pewter chip repair under this section shall go towards supporting monastic life and so If you need the definition of what monastic life as I'm be happy to provide one I'm pretty sure representing is gonna need that definite. Monastic life is the life of monks and nuns within religious orders. All right members you've heard the amendment without objection will consider that amendment adopted to house bill ten sixty six represent open and you can now present your bill thank you Mr chair thank you committee today present a fairly unique bill house bill ten sixty six Over the past two years I've been going to a place to be aka Abby and I've gotten to know the monks there pretty well. And one time while drinking a beer and speak with the the months they talked about an issue they had with being able to directly ship beer to alumni and supporters of the appy. So this is something we I want to look into and see we could do to to help out these monks because what's interesting is what they use is very four as they use the proceeds to help pay for their priests and monks who have retired and that the abbey is currently supporting and I think is a good cause and so what I did was I follow the framework from small wineries direction and that we did in the past and applied it to small breweries and that's what we had to make the change from my corporate small brewery and so really what I want to do is help them a lot to do this this bill will only apply to one small brewery in the entire state which is to be Ochoco and countrymen bring which is part of the abbey and and that's really simply what it is I'm just trying to help out these monks be able to support support their fellow monks and and if someone can ask me why don't they just go and try to produce more and and give the distributor and and the fact of the matter is is there they're not looking to grow they want to be able just to maintain their own small little area they're they're not planning to make money on this and in a large way they want just enough to to bills for three months and of course to this is a way for them to keep in contact with their large network of alumni which is across the country and they even have alumni in Korea and Japan as well which always is this is not you can ship the creator of this but part of that helps with the. Keeping their lan I connected to the network and and becoming future donors to the programs as well to not only support the appy but support the school that's up there so that's kind of what they're trying to do is to help that network of alumni and and be part of this and be able to share your recipes that over there over a thousand years old so That's kinda the quick and dirty about what this bill does. Thank you have I do have a question did would it follow the same sort of safeguards and delivery process that we have I think set up with that small wineries in Arkansas yesterday when okay I remember you heard presentation of the bill or any questions. Who represent all the bill sorry I've got represent Dalby first I'll get you. President of you're recognized thank you Mr skews me thank you Mr chair representative Pilkington are there no other small breweries that this would apply to this is our only small brewery in the state of Arkansas there are there other small breweries but this is the only one which. Sales would go towards supporting monastic life and that's what we added that amendment so we would yes just be this with or not opening it up to everyone GS small breweries that support monastic life that's what we have the amendment. Thank representative representative tosses going push a button you're recognized thank you Mr I'd like to hear from the the actually she's in room the Director of the ABC light here I'd like to hear from our and our and their position on this of this bill. Your if you don't mind come up again. As to answer a few questions. Early Chandler director of golf beverage problem instruction. You've heard a presentation of the bill what is what's A. B. C.'s position on this address it doesn't have an objection to the the bill as it's been presented I haven't seen the amendment but listening to what the amendment has set forth and they will be required to follow the same rules and regulations that are set out for the small farm wineries regarding shipping to dry counties because of cells cannot be completed in a dry county. The representative Tosh representative gene. You're recognized. Representative Pilkington the The three. Will be applied to every small brewery in Arkansas that right the fifty dollar fee. That I'm reading in the bill not the amendment. My understanding would be it would be only those who are able to direct ship. Or how many of those are in Arkansas that directs you. If we pass this legislation it would be one. Well that's the proceeds are going to do is to help. For the monastic with the wording. Naszych life yeah. But are are there other small breweries or microbreweries that this fee will be applied to. It's very unclear to me. So you're talking about page to where it says a beer maybe the director can answer. Represent represent Jean what which line on the bill are you referencing. We get back to Page two line eight. Thank. As I said I haven't seen the amendment but under the bill the original bill that I have before me then it would apply to all. Smile at this one actually references micro breweries and if so it would apply to all of our permitted locations but the amendment of my understanding of thank you. But the amendment limits only the proceeds from the sale of the bear directly shipped to a consumer. For the assessment of take live so it would open up. Based on the language in front of may it would open up the direct shipping. For all small breweries but the proceeds from those shipments would be. For the benefit of the month so the one yes your reputation is fees go to all of them and the proceeds the fecal point correct. As the amendment at this end of the line eight only references where the proceeds go doesn't references the permit that would be issued. Okay but that's only but if I'm correct that's only if a small brewery applies for the permit to direction so they would have to necessarily go and apply for that permit because why would you if you're proceeds had go and support. Something that maybe you didn't necessarily want to support. Is is my understanding the way we jab at drafted so only for wanting to share which not only one are really clear though. Represent Dalby you're recognized thank. You think thank you Mr chair at. I'm agreeing over here with representative gene it because it appears to me that anybody who decides to direct ship whether it's the months or whether it's. ABC you know in Southeast Arkansas and that make any proceeds all those proceeds are going to go to this one to the monastic life. That's the way it's read. So my understanding when I correct correct correct so my understand would be that no one would willingly Sturch direct shipping of beer from small brewery if they could not obviously but those proceeds back in their own company that's why we wanted to tail to narrow it to a small group So you know what I'd I'll pull this bill down and I'll work on it some more and I'll try to bring it back up with would you mind answering one more question I think representative gray had a question for you at both real quick how do we have how many small based on this definition how many small breweries do we have in Arkansas the park. Well proximally nonsmokers nine and a small breweries different microbrewery yes Sir also. So it is it's based on the bring process in the permit they have requested to the microbreweries we have probably about four to five microbreweries representative gray you're recognized. Thank you Mr chair so my question actually is why are we wanting to limit it to just them and not why don't we just allow all small breweries the direction it. So. You know this was something that was brought to me by the people who want to do this I know that often times alcohol bills are very hard to pass and so I thought with this being such a tailored small group and I think going to a group of retired months to you know give up their life to serve their fellow man and not having to be on the state to all would be a good use of. Been able to sell this beer and take care of those months but listen I'm I'm happy to kind of obviously there's a lot of concerns from the Committee I'm happy to pull it down and and work on it so that it seems a little more equitable and you know if I can even shop around the idea that we just completely eliminate monastic life and make it to where all small breweries can do this I got a lot of pushback from industry before that amendment was this amendment was here to appease current industry but if four wheel of bottom. You know I can we can have that discussion so I'll I'll I'll put this down and I'll work on it all right thank you members for the questions what would Leding full of this bill down and move on to the next bill which is Are you are you presenting house bill thirteen sixty five or was given that for now. Sorry chair could you was the title out yet that is the The distribution of proceeds to fund the Arkansas breast milk bank yes I had it comes to the Speaker this morning we're gonna hold off on that one there's some other things going on no problem and then do you want to present your next bill would be House resolution one thousand three yes let's do it all right you're recognized president house resolution one thousand three and good luck thank you. You know. It's always great to look at what other governments do and and try to replicate those things that we think the. Again and so one of the things that I saw that with the is used in a lot of parliamentary systems across Europe is the use of shadow chairs so for instance in the U. K. they've got chairs for all sorts of of committee secretary position things like that so the shadow secretaries that are the. Pointed members of the minority to to kind of be as a. You could even say secretary or chairman waiting and so what it is is I think it's a good way for us to make sure that minority members get represented minority party members get represented in some sort of leadership structure and then at the same time we can. We have a discussion stage things like that they bring in chairs and vice chairs we can also opt to bring in those vice chairs are the shadow chairs I mean and and try to build consensus across party lines I think this is a good bill obviously I it's a little strange a little weird I definitely understand that but I'm always interested in the conversation started on different ways for us to do things to make things better more equitable and and so that's why I presented this House resolution to create shadow chair positions all right thank you presentation members are there any questions. All right seeing on we have no one signed up to speak for against the resolution very closely resolution yes Sir I am R. I. members was will of committee. It seems that in silence several failed thank legend Pilkington up representative wants to hang on to second Pilkington representative Pilkington are you also is giving house bill eighteen sixty nine. Yep okay thank you. Are we one more bill it would be Senate bill five ninety seven. Representative Dotson there. Good afternoon you're recognized to present Senate bill five ninety seven good afternoon Mr chairman members Sorry my. My phone is not actually bring up the bill. It's a very simple bill it's one sentence long in it basically hang on one second what we'll take Kerry thank you so much the one time I didn't print off the bill. So what this does is it makes the director of the tobacco control division a direct appointment of the secretary to serve at the pleasure of the secretary of DFAT and so currently there are employed or they're appointed by the governor and serve the pleasure of the governor so since after transformation that was moved over underneath the DFA this simply makes it to where they actually work for the Secretary including the entire division. All right we have one question by representative Wardlaw you're recognized for a question thank you Mister you trust the Avenue to make this appointment. The question is really whether or not you all do and I do obviously I'm all set and presenting this to us I'm asking obviously I do I'm on the the bill and presenting it to and asking for your favorable vote but. Is this a is pass the Senate and it be great to have Senator English. To have this bill ballot procedure good just because the past centers post pass. Definitely the fifth. At you can answer the question of. I would say no on that that that question it's it's about time you're honest with thank you. Thank representative all right. Members or any other questions would you like to view continued bill or you. It It representative thank you to be really difficult questions I do have the FNA here to answer them representative gene you're recognized a wrecker Dotson dizzy ministrations Portis at I believe it actually came from them will answer the question here just say. All right our members of our presentation of the bill or any questions. Acting other questions we do have someone signed up to speak for the bill. All of you would come down and Give us your take on this. Thank you Mr chair members of the committee this is a part of DFA's agency legislation for the two thousand twenty one session it did go through the review process at the governor's office it is an approved bill that that we received permission to run and six sponsors in the General Assembly. This is very simple it results as that tobacco control became under DFA as a part of transformation and we would appreciate a good vote of this bill I'll be happy to answer any questions of the committee who is currently in this position a currently that would be Mike Moore. Or I'm sorry correct. R. David potter and that's the way it is and David potter reports to Mike more but that would be the current director okay. Our members are any questions for Mr Gehring. I'm saying that thank you for coming down thank you our members there's no one else signed up to speak for or against the bill representative Dotson D. like to close for your bill I'm closing just ask for a good vote ACT member you for presentation of the bill was a little committee. I get a lot more time. Seeing no motion that is a bill of sale. Thank you Mr thank you. All right members that is the last bill on the agenda we will likely meet at least once or twice more. We're journey.