City, County & Local Affairs Committee- House

I ask you to sign up at this time. Okay of first up will be Senate bill five forty eight. Blake Johnson. Yes if you would identify yourself for the record and you may proceed. Thank you Mr chairman representative bill connection District fifty. thank you for allowing me to go first of today this Senate bill S. B. five forty eight as it was stated up senator Johnson ran it in the third Senate when I will no opposition but this bill what is this concerning dues for the volunteer fire department for. Incorporated town or city of second class this is a municipal league bill It was unclear if the and what it does is is that we always say senate bill and it is very simple it's just clearing up some things but what this bill does it allow incorporated town or city of the second class with a volunteer fire department district. To receive but this bill doesn't it you can they can rest up a plan a petition with the majority signatures that voted in the last general election to be filed with the city recorder and by at a no organised in the city they can dispense with the special election to levy dues so they don't have to put have an election just to increase or decrease or apply the dues so this bill it will also bring consists just say and operating of volunteer fire department in this state so I believe the county has already have a law passed to do this so it's just to to make all about a the fire department follow the same rules and bad. Joe Jett said no question go ahead. Izard their questions. Seeing none is or what anyone in the audience the board speak against this bill. For this bill. A representative or you close for your bill close of the bill in a push for that do pass I have a motion do pass any discussion on the motion. Seeing none all in favor say aye those opposed say no thank you so much congratulations you're patched your bill. Up next to the house bill seventeen oh four representative ray. I believe you have a an amendment and I think we have a we need to expunge one referred to a not. Yes Sir Mr chairman this amendment I guess amendment three never got engrossed in the bill and so we need to if it's okay with the committee expunge the vote by which Amendment three failed and then adopt this amendment okay. A. Is there any debate on the well let me ask for motion first. I have a motion okay any debate on this. Okay. The vote will be owned K. L. L. two oh eight amendment three. We're expunging the vote any discussion on that. The Amendment we're expunging an amendment. Thank you. Yeah. Okay is there any discussion on the expansion we have a vote. I'm in motion skews me. Seeing none all in favor say aye. Those opposed say no you may present your amendment now represent right okay thank you committee appreciate that so this amendment does four things I'll explain it just very briefly the first point they're just clarifies that this bill will not affect the general state or local spot sales or use tax. second is the safety concern dealing with municipal water parks things like that that would want to prohibit glass for safety reasons the third is language that I've worked with the municipally gone to address their concerns related to the littering ordinance that's what number three does right there and then. Number four deals with the concerns that were brought forward regarding entertainment districts and that that language I worked on with the municipal league as well so I would appreciate being able to add this amendment to a bill. Okay the discussion. Seeing none and entertain a motion. I have a motion into a discussion on the motion. Seeing none all in favor say aye. He was opposing no. Okay you may present your bill as amended. Okay thank you committee So this bill as I know everybody's familiar with at this point this bill has been a good learning experience for me on How to iron out some of the unintended consequences of of legislation so I appreciate the feedback that I've gotten from various members on the committee and also from the Municipal League I think they've helped me everyone collectively is help me take a good idea and turned into a good bill so where we're at with this bill is I'll just reiterate what it does briefly the bill states that any type of regulation of auxiliary containers would occur at the state level these are things like cups plastic bags things of that nature straws is a popular example that we see banned by cities and communities around the country the reason that we would do that is to ensure there's uniformity in commerce a lot of times for businesses that operate statewide especially things like grocery stores chain restaurants things of that nature they value that uniformity in commerce the Bill has a large contingent of support from the NFIB to the oral marketers grocery store retail merchants hospitality association beverages ministration there's twenty four states that already allow for the same type of uniformity of commerce including all the states that border us and like I said I think this is a good bill that reduces government red tape improves our business climate and I know you've heard a couple times so with that I'll just answer any questions they may has committed to have any questions. Yes representante FOR you're recognized. Thank you Mr chair and thank you representative ray I know that we talked about this a little bit off line and I certainly appreciate and the amendments I guess my concern still remains and that we've seen either for amendments needed to be added because of the unintended consequences that cities have brought forward the concerns about and how if enacted this would kind of play out in cities I guess I'm wondering if you anticipate in a fifth estate a seven. Unintended consequence that we aren't seen yet but that cities may find themselves and and and if it's worth moving forward of the bill that that does really limit cities and their ability to be flexible in this regard. I appreciate the question and look if the in retrospect I would of I wish I would have consulted with the municipal legal little bit earlier on in the process so that I could put all this in one amendment but instead it's it's been amended the way it has and I think we're in a good spot with the bill I had a brief conversation with officials from the Municipal League just right before the committee started and I assured them that if the if additional concerns happen to be raced down the road that I would be happy to sit down and listen to their concerns so thank you thank you thank you Mr any other questions. Seeing none of your represent okay. Motion a proper time all right. Of we have a speaking against the bill is John Wilkerson. Per share thank you Committee first of all I want to thank my representative ray immensely for working with us and listen to us on this bill and any amendments I do believe like you mention that the amendments to fix the littering issue an exit the entertainment district issue that we had raised of course the glass issue and I will wonder thing he added was owned or maintained property which I think was a big addition as well so I appreciate all the. And he did so knowing that is ideologically we're still be different we have different opinions on this bill so I want to commend him for that Johnson would you introduce yourself I'm sorry John Wilkerson general counsel the Municipal League. Go ahead I'll fall Jonathan from everything I said there's a repeated but so and want to thank him for that we're we're still ideologically you know we think this is a restriction local control and we do worry about unintended consequences but with that said we've it we've address as many as we could possibly find right now so again we are ideologically opposed because it's a restriction on local control but we do very much appreciate the process and representative ray working with us on getting them in these amendments to make it up certainly better bill than it was last week so with that I'll take any questions of course. Okay any questions. Seeing none thank you thank you speaking for the bill is Steve good. Please identify yourself for the record yes Sir. Mr chairman of the committee thank you very much my name is Steve good and ever again I represent the Arkansas grocers emergence I would just say this that representative ray did a very good job I think of working with both sides on this tried to address all the concerns of them is municipally brought on several different occasions we want to thank them for their concerns what they brought to is this is simply a uniformity bill that keeps things level for grocers restaurants convenience stores that have locations throughout the state if if we have a patchwork of different laws it makes it very hard to operate for all of our associations so with that I'll take any questions. Any questions. Thank you all saying none. There anyone else who would like to speak against the bill. For the bill. Would you like to close for your bill I'm close per share your patient's Committee I know I've been here a few times and of the like an honorary member now. The representative called to recognized. Motion do pass as amended. Okay we have a motion do pass as amended any discussion on the motion yes representative Dalby you're recognized I apologize is really not a discussion but it just suddenly hit me and it's really a question. So this is my discussion questions on Page one line thirty five assists except as provided under subsection C. should also have in subsection D. this just. I thought that's my discussion thank you. Representative Albee I don't believe he can answer questions I wasn't. okay okay all right thank you. Okay any further discussion on that. Seeing none. All in favor of the motion say aye. Those opposed say no. The ayes have it. Okay roll call will have a roll call to second. Representative Holcomb. Representative Holcomb yes representative Cavenaugh. Representative Cavenaugh. Representative Johnny Reid. Representative Johnny Reid yes. Representative Carol Dalby yes representative Carol Dalby yes. Represented the last morning yes representative last Warren yes. Representative mark Perry. Representative mark Perry yes. Representative Jamie Scott. Representative Jamie Scott. Representative Keith Slape. Representative Keith Slape yes. Representative Megan Godfrey. Make a representative Megan Godfrey no. Representative Andrew Collins. Representative Andrew Collins now. Representative Tippi McCullough. Representative Tippi McCullough no. Representative Richard McGrew yes representative Richard McGrew yes. Representative David Todd let. Representative David Todd let yes. Representative Howard baby doing your representative how would be the deal you yes. Representative Delia Haak yes representative Delia Haak yes. Representative John P. Carr yes representative John Kerr yes. Representative Kendon Underwood yeah representative Kendon Underwood yes. Representative Joshua Paul Bryant. Representative Joshua Paul Bryant yes. Represent the Milton Nicks. Read that was at the Milton Nicks. Okay The motion passes graduation thank you Committee. All right as you say without objection were taken out of order here today UP next will be Senate bill two eighty two. The representative Collins I believe you're going to present the bill today am I correct. If you would identify yourself when you get to the table and you may proceed. Okay committee of this is Senate bill two eighty two I'm joined by a tavern and from Central Arkansas Water and this is senator Johnson's bill so I'll I'll presented briefly and then I'll let Mr hand answer most questions so basically this bill allows consolidated water work systems to do two additional things under the statute that governs what they can do the first is basically things dealing with real estate occasionally they come into possession of property in this allows them to develop lease it out and as sensually gives them the opportunity to do what they what I never thought I'd ordinary company could do with real estate and the second thing it does is it allows them to do plumbing services this is something that I actually have personal experience with us as we manage real set of my company and often a CWD called out because of bills very high or something like that and there's maybe a plumbing issue right now if you call them they say well sorry here's your issue we can actually fix it because we're not permitted to buy code this will allow them to do that so two things that make it easier for these consolidated water work systems to do business and serve customers I think the the ultimate goal is for them to have some additional revenue sources rather than just going to rate payers and asking for increases so I will let to Mr Hansen confirming. Thank you very much hi my name is Ted Bohannon CEO of Central Arkansas Water and we appreciate your time today Senate bill two eighty two grew out of several different things one part of it the plumbing part all survivors it is a customer a customer service concerning this is the representative already discussed you know a customer will call Central Arkansas Water and say my my meter vault is full of water I have a leak somewhere and need you to come fix it and we'll go out there and they'll take a day off work now kind of now that COVID come into play that may not be the same but historically they'll take a day off work to meet us at home we'll come home and say well we're sorry but the leak is on your side of the meter under the state plumbing code once you get to the owner cited the meter that line is the property owners a responsibility and then we'll see we'll here we'll look and we have a dog that for instance T. detects leaks water leaks and whatever you will say usually credit here will even pick it up as a customer service and then they'll say fix it and we'll say. We can't we can't put a clamp on it you're gonna need to call a plumber and so then they go home and they they get mad at us first of all which is a horrible customer relations customer service item and they get mad at us and then they go in the call a plumber and then the plumber says well I'll be there in three days our hope is not really to to get into the public business that's not what we do we deliver water to customers a much larger scale and going and we repair big pipes not little pipes but as a customer service we would coordinate with plumbers we would have a few in House plumbers and we'd be able to taken care of those small matters the other thing I think it's important for your members we are governed by a seven member commission those commissions are members of the public just like other representatives of different entities of public entities we have actually. Representatives on the commission that one's a plumbing contractor one of the general contractor ones in the a maintenance repair business so they understand the issues and they're not going to let us go hog wild and say okay we're getting into everything in the plumbing world and then there's a liability issue we don't want to we don't want to get into where we're dealing repairing interior floors or whatever we just don't want to become a full service plumber we're just trying to provide those services as part of a customer service to be a better government to be a better entity that what we are providing services in their on the real estate side of it just to dress any concerns of the we on a parking lot we've owned it for wells Little Rock municipal waterworks require that parking lot back in the forties it sits right behind our building of the commission is very interested in doing a demonstration project there on high density redevelopment low energy use low water use yes we want to educate people how to reduce our water use a lower their water bills it seems counter productive but we do want to think that's important to do and they'd like to do a demonstration project back there and the finance lawyers have raised some concerns about the forty and what have you and that's where the real estate part of it comes into play. And with that I'll entertain any questions. Okay. Committee do you have any questions yes record representative who you're recognized for a question. Thank you chairman one question nine in understand what you're saying and I can also understand I have many properties and I've had leads on my side of the meter and so and if that can understand if the service guys there but this is allowing Public Enemy to compete with the private contractor for the work and you know the more you do you're taking work away from the private contactor so any escalation in that I think there's two things one I think it's an opportunity for us to have a great partnership with the contractors on an individual basis the other part of it is those entities that have relationship with plumbers you know they're going to they're going to call the plumber because they're not going to want to waste the time either mean that have the relationship and the other part of it is this becomes a Low income issue where they have a leak it's on their side nobody wants to come fix it. It needs to be fixed because they can't afford to pay the water bill the way it is and they need to get it fixed so I do think it creates an opportunity for partnership we the contractors association did take they're they're they've taken a neutral stance on it they are not opposed to it. Follow yes. In appreciate an answer that would still when you say a direct partnership. And fourteen we talk about a public company was selected. At plumbing companies it back be prioritized over others and create what could be perceived by the public as being corrupt and I get I appreciate I would like to sing something there's a limit what you did or to put it you know all licensed plumber on that listing go down the list something to be equal and fair but and coming from a world of service business in the in electric in and having a lot of units I just. The overall good bill but I I have a problem with that when a public company is able to pick and choose which contractors they use and and compete with the public so. we use we fall state bill and so if we're going on a contract it's going to be fall under state building law I will tell you we used to run a program called help to others where we would work with plumbers and any we sent advertisement out to every plumber because we could not find enough people to do it and then the plumbers got tired of it and this is particularly on the on the side where we were offering services for people who needed a something done to stop the leak in low to moderate income housing and we ran it for number years and then we got to the point where we would call the plumber to the plumbers would say yep we've done that we're we're we're not we're not going to come do that anymore and so that programs disappeared I understand on the public meeting that's only when it gets up to a certain value so on most the job that wouldn't public bidding would apply with I would think this is achievement a basis for the year and if if we anticipate more than that and services then you look at it you have to put it out that way it's not I'm just each individual job if I could also add representative you know a public company competes the private company a lot of other contacts this isn't sure we're the only ones public housing public university so on so forth I don't think that the heavily regulated consolidated waterworks will beat any particular in the advantage because it's public over private company that doesn't have those regulations would be my response to that. I have a question the. Okay representative Brian you're recognized for a question. Thank you Mr kind of falling representative we grew some line of line of thinking right now you go to the meter anything beyond the meter can't touch so underneath this statute revision change addition would you have to be you know bonded insured licensed just like the competition for that. because I know if you bye allow you entry into my facility to fix an RPG or to to dig in and other actions occur I mean there's there's a long line of insurance requirements to to make me whole again as the owner of the property the Sir my understanding is this from the discussions that we've been having with our commission is that's actually one of their concerns and why we would limit very much the services that we would provide but yes we would need if it reach certain standards we would have to comply with the same codes that the plumbing providers provide with. Okay any other questions representative Greg you're recognized. If one more thing it hit my mind at that also if the public utility company is doing the work although you may be held to the same sector the inspectors are not going to treat the. Treats all the same as they would treat private the and I just have a big truck big problem with the way this is set up overall I agree with what you're trying to do it thank you. Thank you Sir. Okay I represented hawk you're recognized. Please forgive my ignorance on this but I'm not clear on on page two under section two line twenty of the public body created under this subchapter what public body is being created under this sub chapter of its of chair subchapter twenty five twenty and it's already created and it's a consolidated water works entity which is Central Arkansas Water right so that wouldn't necessarily is mean that this there's any as there's nothing else being created under this that is correct. Okay and the same same thing that on the on the riverside the lass the last line second last line the public body is not required to comply with sections even half of this section when issuing bonds what would be the purpose of that exemption I go to a record number would be enough for. The the. Of. The bonds we sure are for the real estate development part of it Tax compounds and they involve a levy and search what we would do for the levy of these bonds is not Not I pledge repair revenues but revenues from the project and so there's an exemption there for the steps pledge ratepayer money. Your representative Bryant you're recognized. Yeah just looking at Page two line thirteen where you go into the sprinkler system maintenance and repair. I could see up to the point of the RPC to the back flow protection and then the the obvious answer the line between the meter and the and the black back flow prevention which I assume that's what you're after mostly are RPG's or the residential RCB's or a huge concern of ours and we need to get those inspect why or why are we throwing the whole sprinkler system in there is that when I think it's purposes so I think a commercial buildings or multi use family complexes which is. I've actually talked to some folks in the sprinkler system business the only thing they would like us to do is go to one foot above floor right now they have to come out and put in the line from the From the street up to the billion come up through the things that's not the business and they're in the business of working throughout the building so what have you so we've actually met with him a couple times and they would actually love for us to bring it up one through one foot above finish floor to that then they can tie in at that point again we are not not interested in the work are the liability that comes from operating with inside a building. Okay any any other questions. Seeing none is or anyone in the audience like to speak against the bill. James speaking for the bill yet Mr Bohannon you were signed up to speak for the bill or you I think I've said my piece on behalf will think you are a maybe everyone else will speak for the bill. Saying none represent Collins would you like to close for your bill sure I'm close and I move to pass okay we have a motion do pass is there any discussion on the motion. Seeing none all in favor say aye. Those opposed say no. Congratulations you're patched your bill thank you Sir. Thank you very much okay. Without objection at this time I would ask I would ask a representative Holcomb come up in chair of the committee. Represent fight you're recognized for H. B. eighteen sixty may proceed. Okay thank you Mr chairman. I have with me today crystal lines from socialization accountants and I will briefly speak on this bill and I'll let you know explain it but is all of the old notices been and who have been in local of government the counties can only appropriate ninety percent of their money which the they anticipate for the year in the as you know most the you know the cares accidents in them a lot of money that'll be coming down to the cities and the counties and and we need to address that issue at this time I'll turn it over and to to representative Sidney I don't need that promotion. Thank you Mr chair crystalline see executive director the association of Arkansas counties and I don't know how much I can add to that I will tell you that this bill fixes an issue that we would not have thought we would have two years ago when we were here the A. R. P. money and the cares Act money that is flowing that has flown and will flow to counties directly is subject to those guardrails that we having county budgeting that ninety percent of all anticipated revenue budgeting guardrail however this federal money's never been intended to come and bolster a county budget in that manner so what the federal government wants to do with these revenues with these monies is they want to get the amount they want to get them spent as quickly as possible so with the cares Act money and with the A. R. P. money that will be coming soon to county government we ask for a very narrow exception to that rule for these monies moving into the future so that we can utilize those monies quickly and get him out into the hands of the public so that that's one part the other two parts are I'm gonna say a minor changes but they are some clean up that we do need if you look under. Subsection B. talks about grants from a private benefactor this doesn't happen a lot in county government but every now and then we do have somebody that has some money that wants to give it for certain purpose in county government we've had examples of people who have wheeled money to the county to be used for a courthouse but that doesn't necessarily fit and why we would really need this there are other situations where we've had people donate money to a county for a canine. So that they can go by a canine with the money and you can't buy ninety percent of a canine you have to you have to buy at all when you get the money so this would allow for benefactor moneys to be used all at once and then the last one would be subsection G. which is reimbursements to the county and those are revenues that have been calculated and budgeted but because of a billing error or double payment or something like that we're actually getting money back in and that shouldn't count against our budget twice so that's in a nutshell what this bill does I'd be happy to answer any questions of Mr lines's so so currently there the county treasury estimates revenue for their for the coming year and then the county bases their their of their spending on ninety percent of what she calculates asks that's going to remain the same forty pardon me or hate yes Sir okay and then so only the money that's going to be a hundred percent is the is the money coming from the federal the cares that committees in the TheStreet changes in this bill would be we're not be limited to ninety percent they would go to a hundred percent but just for these three narrow exclusions of money so yes. Any. Right of course I serve my guests of our national president right you're recognized. Mr chairman of creation none of this money could be used for salaries or anything like that in that right well it depends we're gonna be listening to treasury guidance from the a a RP on how that money can be spent but will certainly be following department of treasury guidelines on that. So. Any other questions from committee. Represented by with that we are closed and I make a motion to pass I have a motion to pass any discussion on the motion all in favor say aye. He opposed same sign hearing not hearing any graduation bill passes thank you Mr thank you Committee. Our staff tells me that we do not have any bills right now for scheduled for Wednesday. now that may change and if it does I will notify you will notify you and let you know but as of right now that we will probably not meet us we have a bill. All right with that we are adjourned.