City, County & Local Affairs Committee - Senate

Meeting on Sunday afternoons. Right after church. We might run usual Sunday morning and Sturch Sullivan. Of. The first item on the agenda today is Senator English. Senator English if you will. Identify yourself good morning Senator Jane English district thirty four and I am here with a concurrence from as an amendment concurrence from the House or Senate bill three thirty nine all right so we have a concurrent to House member number one yeah our it. Is there any discussion on the amendment. We have a motion to adopt the amendment and the second. Concurring in the amendment all of the favor say aye. All opposed are you member has been in. Thank her thank you your that's it that's it all right I think I'm on to the next one. You're recognized. Okay Senator Jane English district thirty four and this is Senate bill five ninety seven and it is a very simple basic bill it basically allows the department of finance administration director to appoint the Director of the Arkansas tobacco control previously has been a governor appointee. Senator English if you got your microphone yes okay I'm sorry. Step troubling I just have very soft police. Yes I get mad. All right. That's it all right any of the members you've heard the explanation the bill or any questions from the committee. Anyone in the audience that would like to speak for against the bill. Saying no one is sure to close close for the bill or what to place your committee we have a motion to do pass from Senator Sullivan. And a second from Senator Johnson in discussion. All those in favor say aye. All opposed. Graduate center thank you very much. Senate house bill seventeen twenty two. By representative Johnson. Lee Johnson. Not here this morning. Seventy house bill seventeen seventy seven. By representative Lowery. Seventeen seven seventeen seventeen. House bill seventeen seventeen Mister Lowery down here this morning. House bill seventeen eighty. I will give them a few minutes a House bill said. I did. If if that's fine with with representative Lowery. You saying okay anybody here for house bill seven year later. You just asked about any interest right now. I understand representative five is gonna I thank pool this bill down for. An amendment for next week so. So we go to House Bill sixteen eighty eight percent of the clover. You're here. Sir all right if you will identify yourself for the record you're recognized to present House Bill sixteen eighty eight representative Rick McClure district twenty six and It pays to be on time doesn't. this is a very simple bill that basically takes one section out that is outdated and clarifies a voting issue on a budget it is brought to us by the Hot Spring County it's a local issue brought to us by the House spring county solid waste authority quorum court cities of Donaldson friendship in midway and the original code was written there was an independent nonprofit development group that was allowed voting rights for taxpayer dollars that independent nonprofit group is no longer in existence or dormant for well over a decade that group was replaced by the osprey county economic development corporation which I'm the chairman of and we have no desire to be on that board with voting rights so basically that's all it does it takes that one section out in any clarifies at the end but those who vote on the budget or from the governing body of each municipality and county that the members of the authority review approved by a majority vote that's all the all the bill does. Sixteen. Okay. Cardmembers you for an explanation the billing questions from committee. Senator Solomon you're recognized. Thank you for this doesn't include any other municipalities and other no it does three research that says no one left under that code discount code great thank you thank you for any other questions from committee members. Is there anyone from the audience it wishes to speak for against. Sam Nunn was clear you want to close for your bill yes Sir I'm close with bill or was pleasures committee we have a motion to pass by Senator Solomon. Second by Senator Flippo. Any discussion. All those in favor say aye. All opposed. Graduation for her thank you. Yes. I. We when we have witnesses that can testify on Senate bill five fifty one at the request of of several interested parties they've asked that I get the amendment this proposed engrossed in the bill because sometimes is difficult for everyone to analyze it until it's engrossed and I apologize to anyone that that came for today it but we're kind of caught between do we do it in a manner that everyone can understand clearly order we go ahead and run it with it being confused and so to try to solve that I want to ask that we hold Senate bill five fifty one I will get the bill amended members on a get engrossed do you have a copy of the minute The Amendment yes Sir but to the all parties involved on all sides have asked that the amendment be engrossing gross but so it could be more carefully analyze and how many are there any is there anyone in the audience to travel a long way. Right. Hot Springs. All. Would you Senator Johnson you have something you like sign well I've certainly at all Jess's gentleman came from hot springs in the idea is that when we get amended the when you see the amendment you don't have it in context you don't necessarily. Know exactly what it does and so the idea is that we will have an amended where you can read the bill in context and it might affect your feeling and an opinion about where you stand on the bill it might be your things you're concerned about or not in that section but but in fairness to everybody this looking at it I wanted to have it that amendment as engrossed into the bill which are process for coming up with a final version so you can read it and understand exactly what it does so if you're if you're okay with that I'd really appreciate you know again I apologize that you came in if we could if I'd known this yesterday we would have done it yesterday and it would have been available for you look at that but you know sometimes times don't things don't get done quickly enough so that question. We will have our next meeting I believe will be next Tuesday is that correct that's correct part the gentleman from hot springs what was your request. That is a little bit more heads up. You're recognized hi okay we will meet at nine thirty next Tuesday and we'll have the bill on the agenda that with the in men manning road and we will we will hear the bill and hear your testimony thank you Sir I apologize again for having make more than one trip a chairman if if if if if committee would allow I will be glad to run house bill seventeen seventeen representative Lowery part you. You're recognized for a house bill seventeen seventy. Thank you Mr chairman mark Johnson Senate district fifteen of representative Lowry's bill seventeen seventeenth is a permissive bill that the Municipal League is okay with the language VOL mail calculates their work day for their police department a little different than some they they work twelve hour shifts and it created a problem where they the state law was working against him on accumulation of sick leave and so they want to have the flexibility to define what a day is a working day is to better fit how they set up their working days which are are not your typical eight hour shift so they do twelve hour shifts so this again This is permissive would only allow it only affects cities that would would do it other than the normal a week we tend to think about a working day so and and I have not. Oct with the mayor about this particular bill but he once told me about the concept that they were your little had a little bit different way of doing things and want to have some flexibility and so representative Lowery brought this bill and I should not be controversial anyway but I'll try to answer any questions if you all have. Any any questions from the committee. Is there anyone in the audience that would like to speak for against the bill. Saying none of senator Johnson you close from time closed and I would move to pass are we have a motion to pass. And a second from centre Sullivan any discussion. All those in favor say aye. All opposed. Congratulations Johnson thank you Mr chairman thank you Committee. Senator Flippo answer you can run seventeen twenty two. It was chairman members agreed upon for your bill between the counties in the press. You reckon allow if you recognize yourself of the record they Senator Scott Flippo District seventeen in Assam oppression counties join me. I have so they can answer any difficult or easy questions. So far you're recognized to a and. What you want to go ahead and then five to four. Mark Whitmore Association Arkansas counties thanks to recognize Senator Flippo ordered over this what more. Of this is agreed to bill with the corners in the hospital association there were some isolated events where the corners were in need of a. What's called talk logical samples which is when you check in the hospital there samples taken well after somebody passes away the corner can obtain blood from the from the from the dead corpse but they were needing that information most hospitals for providing it this gives the hospitals territory to do that and of course you can imagine a couple instances where that is needed would be. I'll just of of. Say opioid overdose or something like that you could get that untainted blood that was received prior to the of being medicated now the practice. All right. You for an explanation of the bill any questions from committee members. Anyone in the audience wish to speak for against the bill. Saying none closed for your bill I'm a question I'm closed or moved to pass are we have a motion to pass Senator Flippo. We need to separate from senator Sullivan. Any discussion. All those in favor say aye All graduation Senator Flippo. All right we have a. Thank you. Six sixty one. A consensus put on after eighteen. Are we have a bill that was put on after the eighteen are limit. And if without objection from the Committee. Senate bill six sixteen. Without objection will go and let Senator Solomon run that real. Thank you Mister senator Dan Sullivan district twenty one. May I have a representative ray join me Mr absolutely thank you. If you will if you will identify yourself for the record you're recognized yes thank you Mr chairman David Ray representative District forty. And I'm going to defer to representive rated present this bill all right you're recognized Mr president represent right okay thank you Mr chairman and members of the committee the Senate bill six one six this bill is designed to address the issue that we've seen pop up around the country and cities really all around the country with this trend of banning plastic bags and plastic straws styrofoam cups all of these sorts of auxiliary containers. What this bill would do is it would provide so that any such regulation would occur at the state level so these auxiliary containers like cups bags straws these are things obviously that businesses use to serve their customers the reason that we would want to do that is to ensure that there's uniformity of commerce if we end up with a situation where some cities banned plastic bags some cities allow plastic bags other cities tax plastic bags ten cents apiece you really have a complicated patchwork regulation and that's not conducive for good business environment a lot of our businesses that operate statewide whether they're grocery stores are chain restaurants they really prefer uniformity of commerce because they purchased these auxiliary containers in extremely large quantities take advantage of economies of scale. And so naturally a uniform regulatory framework is beneficial for them and that that's passed along to consumers as well so in twenty four states around the country we already allow for you we we are uniformity of commerce with regard to auxiliary containers already required including every state that borders us except for Louisiana this bill as a broad coalition of support behind it the grocery stores and retail merchants association your marketers association hospitality association beverage association and the national federation of independent businesses are all supportive of this bill I think it's a good bill that reduces government red tape improves our business climate and with that I'd be happy to answer any questions or. Senator Johnson you're recognized for a question. Thank you Mr chairman. Representative ray I support the bill I do have a question about. if I'm. Whole foods or Ben and Jerry's or. Retailers of a particular persuasion this would not keep me from saying if you want a plastic bag and one charge an extra dime this is it wouldn't be the municipality the business wants to. Or things that they can be more green for example by by doing something like that then that's their prerogative it would not be affected by this bill would absolutely if a business wants to use something that they consider to be more sustainable for their packaging or auxiliary containers there's nothing in the bill that would prevent them from doing that and and I would never want to prohibit them from doing that I would support a private businesses right to use the type of packaging or or whatever that they would prefer and if for example a place used paper straws instead of plastic straws and I have a particular which I do have a real problem with paper straws because they get banned don't work I could choose not to patronize that particular places that how it would work that's right if if a business wants to serve paper straws they're more than welcome to do that I myself am not a big fan of paper straws and I'm also not a big fan of the government telling people that have to drink out of paper straws. The seller had good bill thank you right thank you Mr thanks any other questions from committee members. Senator Clark you're recognized. Does the of municipal you have a position on this. Yes I assume they're going to explain their position on it but they do not like the bill they would prefer that cities have the ability to make you drink out of a paper straw the other is or other opposition none that I'm aware okay thank you. For any other questions. A committee. parts saying none. We have a. Hi John show because. Shall the want to come up recognize yourself. For the record. You are. Recognized to speak. Thank you very much thank you very much committee John Wilkerson accounts the Municipal League obviously you know and I appreciate Senator Solomon representative ray talk with me about this and representative rate certainly listen to some of our members concerns and try to address them in this amendment we obviously have a fundamental ideological difference that difference of opinion on we think this is an unnecessary limitation local control this is not an issue an Arkansas we're saying vastly but so so we we don't know we're we don't know that we need to limitation on our ability to regulate things like this and and I'm I want to go beyond the plastic straw just really quickly because what this bill would do is it's so broad it's application that it applies to it says without limitation a packages bottles containers devices or other packaging made of cloth paper plastic foam plastic design for the consumption transportation protection merchandise for it just goes on on it's it's really really broad and it says in subsection B. that we that city or county shall not restrict tax prohibit or otherwise regulate the use disposition or sale of auxiliary containers and so the example that I've I've been given and I did this earlier in on the house side when this same bill was ran in the House Committee that you know hot springs for instance is very very protective of the storm water drainage system and if they get into a situation where you know code obviously we've had a lot more takeout food and they get into a situation where they need to regulate the use of styrofoam containers in the downtown of hot springs to just to protect their stormwater drain system from from getting clogged up and I think that they should have that that ability to do that so I'd get to debate sort of centers on whether or not we're going to ban or not ban plastic straws but because this is so broad it really sucks up a lot of different things that it could it could impact and like I'd like to mention the House site on Monday when I when I talk about local control obviously talk about our ability to to make regulations that you know five four by the. Government is closest to the people for the other part of local control but I really need to present I look through all these bills is the impact that it's going to have any application that's going to have on cities going forward for the next however many years and when we write really broad bills we have a really broad impacts and one of that one of the broadest impacts is on our literature our little controllability representative raids I try to address that in his amendment by saying that this is not affected municipality or county from passing or enforcing an ordinance to previous lettering if the amendment stop there I get it but it goes on to say if the organs complies with subsection B. of this section and subsection B. of this section says that a municipality or county shall not restrict tax prohibit or otherwise regulate the use disposition or sale of actually containers so it's on that Amendment almost to me reads and we we thought we talk about a lot of the office it reads as if we can have a litter ordinance but if that litter ordinances going to regulate the use of plastic containers order or phone containers of without limitation whatever the list is been that led organized on effective we get that we do have that power to have litter ordinances from the liquor control act and in the letter control act the act this the code says mentions by name food and beverage containers so I'm very I'm very concerned that if if I walk down you know mainstay main street wherever I throw down a piece of paper that's ongoing container and therefore I can be fine or or be subject to the letter code but if five throw down a plastic bottle which is a beverage container then I'm I'll if I get fined it's a no no the law says here that you can't you can't regulate the disposition of plastic containers and so that's my worries when we look down the road how that's going to really impact cities and their ability to to deliver control that's another big major work we have but again he did attempt to address and I do appreciate that the other issue is entertainment districts entertainment. Districts around around Arkansas have to two things that I've noticed consistent with them they prohibit what glass bottles in an entertainment district this bill that say that does not restrict the city or county from restricting the use of glass containers based on public safety concerns I hope that would address it not quite sure but and I think that would probably dress the glass container issue the other consistent payment of all these ordinances is that an entertainment district ordinance is that the city requires that the the drink that Kerry is carried outside of the restaurant to another restaurant along the streets sidewalks being a plastic container that has branded so that police Amman former law enforcement and whoever's out there can know that these that these containers are supposed to be in the in the entertainment district and if this says that we can't regulate the use of R. J. containers which include beverage containers in those ordinances would be full so again ideologically obviously we think that we staff will control you I'm sure doesn't surprise anybody but beyond that point this bill because it is so broad I'm really worried and I and our mayors and our we're really worried at the broad implication that this would have on cities going forward so with that obviously take any questions. Soon Senator entering your question. Thank you Mr chairman so you would say this is an overreach of state government getting into affairs that should be more actively regulated and controlled at the city level yes. Have you considered passing like a city sovereignty law this decision going ten for state regulations. Why don't we go that far Senator Hendren views stay on topic you would prefer. Any other questions from committee requested Johnson. Thank you Mr chairman of mistruths and I'm. I think I'm I'm kind of taking the opposite tack from from Senator Hendren If you and Senators mention the situation in his neck of the woods before you got a lot of small towns kind of densely around I mean I I mean I don't know when I've moved from center to into high full and all that I mean that's just the nature Northwest Arkansas of but if you had you were selling a particular we were distributing to retailers a particular item. Cup like this a paper Cup or coupler has little sleeves around it like to get a Starbucks and those types of things of I do see. There are things that are best left to local government to the side but if we get a Hodge podge of well you can have a a paper Cup in the center ten button high full you can have one has one little sleeves around it I mean you get into a serious problem of confusion and I'm and while I'm it I'm sensitive to the point you brought up in a broad sense in a specific sense of this bill I I think perhaps it's misplaced and I don't we we you and I could I could disagree on the broad thing and and maybe find common ground on some of the specifics I appreciate you focus again with your magnifying glass on this could you do bring up some good points but I'm I'm I'm more concerned of frankly of of a of some zealot in one town in one area trying to throw something in that totally disrupts normal commerce in the state so you know while I'm I'm sensitive to the problem of litter and sensitive to the to to the local control issue I do think that this is probably something a little bit better handled that the the state level would you. Concede at least I'm partially right know it and that that's that's that's what kind of divvied up the argument of two parts the the ideological ideological difference by the patrol which you know I you know I I get it and then I get I get the argument that there's this Hodge podge of of you know ordinances and that that makes sense to me I get that and I tried to work with the representative in center just to try to call it down to so we can just focus on that the value like we get it that you know you'll have you made good points totally get it. That sort of secondary on that when I its primary but in a way but also secondary in the broad implications of this what really got us the most like really really worried because the letter saying it's going to be a problem I can I can tell you as a lawyer who represents cities down for fifteen years I can see challenges to enforcement of litter code if I drop the styrofoam container on the on the ground and also dropped a piece of paper on the ground one is a crime one is not or what is it what is it what is violation one is not and again that's because the liquor control act mentions food and beverage container specifically that's my bigger concern I I will be blunt will obviously debate what we disagree on local control issue but that broadness is really got us you know that's that what really got us worried so I'm taking by your testimony correct me if I'm wrong do you believe that on page two lines twelve through fourteen do not protect the issue you raised because it it seems to be a it was sexist thing in paragraphs in insects subsection B. of that section about that shall not or otherwise regulate the that the that allowing them to enforce it on littering could potentially as you say not yeah you can't drop that piece of paper but you drop it styrofoam Cup five ACT think littering would be defined as the drop and not necessarily the material but do you are you differing with that yet because I think I think line twelve and half of life third line thirteen is perfect if it ended at the comma I have no problem with that that makes sense but it's by going for the same if the order is complied this subsection B. and subsection B. to comply with subsection B. we can't regulate the use or disposition of adjournment containers so because that common that clause afterwards there are twelve find have to line twelve and thirteen and fourteen it's it reads to me as if you can enforce a letter ordinance in less your regulating the. Sir disposition of ours about containers that's my problem with that that clause just it's the words after the comment I think eliminate that the intent of the of the the language itself a twelve through fourteen. I guess we and again we're really honing down closely as I guess we should but you're you're saying that the word disposition on line one of Page two is that the problematic term I think you saw of would be as well but disposition because I would like to use of clearly is what I'm using this I'm using to during the drop it here on the floor I'm not using it I'm disposing of it as exactly yes that's why disposition might be that's why I ask you not merely shrugged is the issue the use the use that bothers me whether in entertainment districts because if we have you know rules that's what makes the use of real same plastic containers or plastic cups you're going around entertainment district that would be the use that's kind of a bigger word but use okay well it's. That's why we make the big Bucks we had record thank you Mr forks thank you appreciate it. Any other questions we have Senator Clark if questions. Mr Wilkerson of. It from what you had to say and looking here to the bill the pair said there's been a couple of amendments or one amendment with a couple things in the. and trying to work with the Municipal League again I have no knowledge of this well that are mayors voice concerns I think those concerned I I wanna speak representative ray but I think they got I would assume he heard them and try to address them but we can work together on the languages are trying to yesterday a little bit of. Did on the your concern on the entertainment district a. The that. Seem to be the more credible thing to me of the Joe offered amendment there yeah my my idea was if we would save that. see online Page two line. Five three six I think this would work if we said regulate the size of the containers on property or premises owned or medical property or premises owned or maintained by the city or county that way I think it would cover the streets and the sidewalks that's we're thinking. Anything that that fixes the I'd. I'm hopeful that it would that's what I came up with yesterday yes Sir the in the end on the water you really thank and I'm I'm looking at it and reading of the pharmacy it but you really think that the there would be a ruling that you could those star from container down. Well yes I have because the words if the ordinance complies this subsection B. of this section I I don't know why I don't understand why does that were as those that clauses in there unless it's meant to reference back to subsection B. which is the rule itself so it's on it again it reads as if we can haven't litter ordinance as long as little organs doesn't do what the bill prohibits us from doing so it's sort of it's a rule that's were swallows it's an exception swallows itself. So it is is there any kind of hole in this bill. This would be open up if you if those words weren't there. If if the if the ordinance part wasn't there it's not opted prohibits littering it is there a whole. This created from the intentional this bill. I've been I've been looked at by an angle but I don't think so because I've always said if it stopped littering I think it would work my my suggestion I was by the way in less otherwise for allowed by law which a lot of body code sections are passe that so that would say unless authorized by law that way woods it would allow us to do whatever Yavari allowed us to do that that was my suggestion yesterday and that way it would deal with the lettering issue it would be that that itself would not deal with entertainment district issue because the entertainment district code doesn't have anything about plastic cups glass bottles but it would allow us to say okay we can't do what were we can't do anything regards a plastic bag and let's show of already let us do it that was that was my suggestion I thought those two things would come again I logically Reserve oppose right but it would cover those two big issues in our opinion and that was what I was going to ask is that you would still be opposed you think you'd be a much better but our wall with those two things I thank you for that question thank you. Any other questions from members. It's not thank you Mr rose thank you very much the good. The Arkansas. Grocers and marches good if you will identify yourself record you're recognized yes Sir good morning Mr chairman of the committee my name is Steve good and I represent the Arkansas grocers and retail merchants association this morning. I do want to speak about the bill but while a couple of topics of instruction brought up for fresh in my mind I'd like to address those first if you don't mind I think the biggest concern that we have on the on the leader issue is quite frankly there later ordinances at the city level could ban plastic bags and that's why it reverts back up to section be you know they could propose a litter ordinance in a city that said no plastic bags to prevent littering and that's the the intent of this bill is to prevent back band strongman's auxiliary container vans we appreciate them they did offer up some suggestions but each of the suggestions that were offered up the the comment was made but we will still pose so you know quite frankly those suggestions while we're taken if you're still going to oppose we kinda liked a bill to begin with. And then third and finally in in and visiting with them a little bit I think the overall intent was while there is nothing that's happened today they don't like this because ultimately there will be town cities or try to tax and or banned plastic bags if you look across the nation you know there are bands and over fifteen or taxes in over twenty states if you look at Massachusetts Sir hundred forty six different communities that have ordinances that ban plastic bags or tax California their hundred fifty one cities and counties that ban plastic bags and or tax across the state stop from containers or another in California hundred twenty one cities and counties fourteen governmental agencies by the way in California have plastic bags or plastic or styrofoam container ban so you general there drinking coffee this morning you know in California you might not be able to be sitting in a committee room drinking coffee. And so you say well that's the far northeast or the far west they're not really like us in the south and South Carolina today there are nineteen communities that have banned plastic bags and Orfeu types of packaging including straws take out containers cups leads foam coolers and packing peanuts for all those that order stuff offline we would be able to have packing peanuts to ensure the safety of those items being delivered. I can be this morning speaking on behalf of the Arkansas grocers and retail merchants which represents five hundred plus stores and forty thousand teammates across the state the Arkansas or market association which has eighteen hundred stores and twenty eight thousand employees across the state and the Arkansas hospitality association which pre COVID had fifty three hundred locations in a hundred twenty one thousand jobs across the state. If this is not pass we are scared that there will be cities that will have bans or taxes immediately that will hurt small businesses it will take away the ability to buy at scale many of you live in communities that may be let's just use in center Arkansas have a bigger a convenience store and so if a bigger a convenience store say in Little Rock is banned from using certain items and they can't buy the same scale and therefore to pick affects pricing in hot springs Bryant been Malvern in other locations and so buying to scale on these type of containers is important to business and again not to not passing this bill would hurt that. Finally I would leave you with this you know many of you go the supermarket weekly there are are places across the nation today that have banned foam containers I don't know how you buy a meat in a supermarket unless it's in a phone container and so you know packaging hamburger meat in a brown paper bag is not going to get a home very safely I'll leave you with this this morning is restaurants get ready to open it back across the state we would ask you not to allow folks to ban items that are going to hurt their businesses I try to re open or tax items in their businesses as they try to re open thank you not take any questions. Her Senator Clark you're recognized for a question. Okay I think the packing peanuts when the. The meat. Over your strongest argument for. Of the heavens of the uniforms of that being said. The the. The guy who is a who's a retailer and has. Plastic bags and paper bags and old enough to remember when we when paper was bad of the plastic of. How much of a problem is that really for retailer of. Two. To go have to do paper instead of plastic. Well Sir Clark I I own two stores in two cities and so let's just say that is that one of the cities that I have a story and banned plastic bags in the other did all of a sudden it would take about it away the ability for me to buy scale so I would be buying one item at one location another item in another location and so it it takes away the ability for me to buy you know you talk about again like a convenience store chain like B. grade which is located in central Arkansas they probably have fifty plus locations parks has over a hundred locations you know if if and really what we're asking for here is uniformity so that it's the same in every location that they operate it's about buying at scale but it's also about not having to have different policies for different places so I do think even if somebody as small as I am that just has two locations if I'm if I'm being forced to do something at one location different than I am and other it affects my business a little bit list of critical about the arguments on both sides on the letter. The do you think that. In a in a I understand the work around six sector that somebody really going to. Have an ordinance that bans putting plastic bags in trash cans of because normally you know normally people others that since the. House recycled so for plastics and yes Sir in this sort and allows for those recycling things again I think our for your in again which is why we refer back up to section be is you know they could say as a means of litter control we are banning all plastic bags that's that's our litter ordinances banning plastic bags and so again we have no problem with litter ordinance and and again I'm not an attorney mature consent will present as a very bright man very smart but I I don't think that cities are going to parse out and say you dropped a piece of paper on the ground it's littering we can we can cite you for that you dropped a plastic Cup on the ground it's not littering we're we're not going to search for that I I don't think anybody's will call balls and strikes like that at the local level. I don't either but I'm also a problem with with them banning plastic bags. In the trash I think one's about equal to the other and again This doesn't ban plastic bags million trash it keeps the cities from banning plastic bags period and so that they can you know you can have your litter control that's no issue you can have your recycling that's no issue but I'm just doing what the the center The the ordinance in. The if there weren't complies with section bill this section. Because we do we do we often do things with unintended consequences and. The I think both sides approach racial that thank you yes Sir I appreciate Senator Johnson you have a question yes Sir thank you Mr chairman Thank you for your testimony in helping put some clarity on this I'm I can't help but notice that it's it's almost that in these communities that are are looking at banning a. I don't plastic bag evil plastic bag able plastic straw it seems that that the the culprit here is an individual who is a leader of a or doesn't use the recycling container they get from the municipality and separate their trash it is. The risk of going down this road a it's analogous to some of the gun control laws it's is it we're going to we're going to make the the the object the evil thing rather than the behavior of some individuals that are are not are antisocial so to speak so would you agree yes Sir we thank personal responsibility goes a long way senator Johnson yes Sir thank you very much Mister good thank you yes yes Sir. Are we have any other questions from committee. Saying none thank you thank you Mr yes Sir Mr Kennedy. Anyone else in the audience it wishes to speak for. Are against this bill. Saying none representive ray of Senator Solomon you will close. If Mr outlet Mr Ragland. Okay thank you committee for your for your time and patience with this didn't expected to last that long a couple of things I'll just point out to what Mister will contribute Christian said he said this is a problem that we're not dealing with that is that is flatly false prior to the pandemic the city is this is you can just Google this it was in the damn gas both the City of Little Rock and the city of Fayetteville we're proposing ten cent per tax bags on plastic bags that are sold in grocery stores and that's not just an issue that impacts the business as senator Clark pointed out the the the inconvenience for business I would add the inconvenience for the consumer I mean think first think through the implications for a poor family of having to pay a ten cent per bag tax I have a family of four and I I estimate that each week when I go to the grocery store I use about twenty bags because sometimes I'll double bag the milk or what have you. That's yeah that's two dollars extra per trip to the grocery store in back taxes that a family of four would be paying extrapolate that out through the entirety of the year in a poor family ends up paying over a hundred dollars a year just in back taxes to buy their groceries and I know for a lot of people a hundred dollars a year may not be much but for a poor family that's a full week's worth of groceries I could buy so I would just point that out and and to the argument of local control I I understand I I I I I support local control and local control is appropriate but for the reasons of of uniformity in commerce I think that with this particular issue it makes more sense frankly to regulate these items to the extent they are regulated at the state level. And I think I think with that that's all I have. And if they are close with this Mr we want to go with local control the best local controls that business ally and then the freedom to choose and it's remember there's always there are unintended consequences both way and we're going to not allow awful going to put restrictions on their based on if I said we wait and put restrictions on it when it happens and I would move for a good vote thank you Mr. Are we have a a motion to pass we have a second. Senate so when you make a motion to pass I have a motion to passenger Johnson second any discussion on the motion. If okay Senator Clark you're recognized. Yes of overall I think of favour what you're trying to do I'm not going to labor a couple of other points but. The. I would I think. From hearing the arguments the two amendments suggested from the Municipal League would be good amendments and understand nobody's wrestled with musically I don't think any more than I have the understand is still be opposed but The expression of the will of the entertainment district the the ability I think that's for the most credible argument made to use of a cold containers or whatever so that you can regulate what's happening there for St Patrick's day for instance of or whatever the I think this inadvertently of I think the courses right handers that ability and I I think the two or three words that he mentioned there or small to fix and for that reason of although I support what you're trying to do I'm going to be a no I don't think you need me but I want to know. The card any other discussion on the. On the motion. Not all those in favor say aye. All opposed. The Bill pass is Senator Solomon. Congratulations. Thank you may. Art center right you have a. House bill seventy to seventy five. The drive human recognize yourself you are then recognized to explain. Thank you Senator Terry Rice House Bill sending twenty five From representative Lane Jean to myself. Six only one word change in this has to do with them did not indemnify the cation of the State. and being reliable to have what it says is direct supervision. And the. Many of you may be familiar with The case or other cases that have come about were there is a question of that in this would require direction provision that aside from somebody from the state for the state to. Be liable. Take any questions. Senator Teague you're recognized for a question. Thank you Mr chairman senator Rice This Is aye do with the issue we recently considered in the claims commission. But my understanding I was in and I was in and I actually made the motion to to offer of a settlement with the Payment of and I. I'm I'm okay with this is I think that it was a gray area in the law that needs to be clarified but however it would not interlude meeting retroactive it would affect that particular case it would just make sure that in the in the future that that's that's clarified in the area and that was great in the law and I and I. Any time you get into the specifics of a claim and your you you start tugging at your heartstrings because someone was wrong that doesn't mean that the law was necessarily bad but I think in this case the law was not clear and the different. Her eyes on it could changes so I appreciate you bringing this I just want to clarify with you that this hasn't is has no retroactivity whatsoever I I sometimes wonder do we. Do we is this an admission on the part of the state that that we were maybe not as tight on this languages we should be I guess you could say that about everything we passed by the correct Johnson a longtime of one word makes lot of difference yes it does thank you for your explanation thank you Mr are any other questions on. On the bill. Anyone the audience which speak for against the bill. It's not Senator brushes closed of close not offer do pass or with a motion to pass second center Johnson any discussion on the motion. All those in favor say aye aye All opposed gradually Senator Rice thank you Mister Committee. Anyone else have a bill that you wish to run today.