City, County & Local Affairs Committee- House

The group house bill seventeen forty five and also you have an amendment so we would ask that you present your member first. Please identify yourself for the record then you may presenter amendment. Thank you Mr Richard McGrew district twenty two is amended been passed out. No of to second. Yes yes yes amendment has been passed out all right. It has been to me not anybody else. Okay this is my first time too I. Explaining the motion is changing the bill to add A step down this was a bill for for please help for. Police departments to be Paid back for money they have spent on training and when I brought it to you last week it didn't have the time limits and they're it does now which steps it down starting it too much I think through eighteen months at different percentages through so I would just like to ask that a motion be considered for that. K. discussion just representative Scott you're recognized. motion okay I have a motion any discussion on the motion. Yes representative Brian to recognized could could this is the along and then it It does that I guess the question on is everything in here new language or did bill are. Re write the language and just add with underlined the. Just the way they have it delete everything after the enacting clause and substitute the following would. Yes they took the original bill that was before you off a few weeks ago and put that bill and it with this. Which is which is exactly what all this is indeed what you didn't see is under landed under land is added to the original bill which takes in a private community five thousand and above. Okay so you're regional bills just it just adds C. one. Okay so they're not okay I think of all yes just add C. one to the bottom that in any explains that thank you the original bill did not take in any private community such as hot springs village is a different format is a is a private community that's a little over fifteen thousand they have their own police force and it is certified they go through the Camden. program and all that to. Okay represent college you're recognized. so I I'm I don't know if I'm looking at the same thing represent a group of this looks like the same. The bill exactly just restated the thing that was passed out to us just as this C. one. I think it's this is the exact same thing that's in the original bill it it's in the original bill before but it wasn't in the bill that I brought you last week the Bill I brought you last we didn't have the twenty percent man. A different percentage isn't it that's not in this side of things. The twenty percent seven in here. In the one I have. That. Okay so that language that but that's all and current statute that twenty percent sixty percent eighty percent. Yes. So okay it was not part of my bill that I brought last week that was represented Darby's concerned that I didn't have the stair steps in here that would allow it to get smaller go away as time went on. Follow up yes. But actually there's no there's no change substantively from the bill before you just including more of the existing statute right that's correct. Represent college are you three yes okay representative Godfrey you're recognized thank you Mr chair just to clarify I'm represent maker is that because this looks a similar because this is now an act the bill we pass is now currently an act ACT three twenty five and that's why it needed to be. Kind of. It was slavery written. I don't know maybe I'm confused if it doesn't look like there's much change between the amendment in the bill. Yes the. And I'm not sure I understand the question I don't know if it's because we just passed its recently so I don't know if it's an act already okay but I know that the first portion of this if you look at the the language on here is what we have already passed now is an action that's what they did it to match the provisions of the bill that we are you pass which is now an act right okay and all it's doing is adding. That C. one for the private community to bottom thank you. If you would like we can get the drafting attorney to come over here and and discuss that. Yeah okay. Question. Yes yes you would go it would continue on questions just fine I'm just trying to make sure I think I understand what's going on this was originally representative. Paris bill right and you ask the questions the committee to just a man with we would be against adding that provision to include like your police department which was kind of private to get reimbursed and my on the same page or not yes okay thank you. Yes represent right you're recognized for a question. Representative representative Richard. I have a question on the. Second for worse is section one C. one. what is this portion here that mentions section one orders that false or wishes for twelve days nine a tool nine does that fall in there somewhere or. I'm sorry I'm not saying we're your and I'm having a hard time hearing the amendments or award says all section one and then roll it says twelve nine two oh nine orders issued by here Sir. This. This is what the bill. In the. Representing the group and of the bill drafter on this was Okay in the in the other bill the we voted on earlier the was that was that him also. Do you know. Related. Right. Okay yes representative have to recognized I think what happened was he or he ran the bill it just just his language and representative Dalby asked the question about was this a ten year program or a five year program so when he asked bill or the like no it's it's part of the existing acts so The Amendment is here's everything that's already codified reading his original language to the bottom of it. That's correct the law. Okay we have one of the drafting attorneys on the way yes. The original. I think I will say that. I don't think you have a I think we just actually need the attorney here maybe answer a few of the questions of some some might have. The DO need the drafting attorney here. For. All. President Carter did you have a question okay. Yes No representative Warren you're recognized. If I'm looking at this correctly a Mister chair. What is on this amendment to section one. Has already been. Put into an act which was representative Pearis. Bill. And down at the last part of the amendment C. one which is on. Represented by groups bill is all that's being added to this existing act. Which allows him to have Hot Springs Village covered. As part of this bill. So everything else is staying the same except you're making a provision so that Hot Springs Village and any other communities five thousand or above. Can be included. The representative body you're recognized at I think what we what we're all saying is when the bill that represent Perry ran west Bills Senate bill three oh two and that's passed on the floor and and and been signed into act three twenty five and what representative McGrew brought to us was just the language in section C. so actually he's adding all of the language. From ACT three twenty five to what he brought to us so I think the reverse probably should be in. What a brawl the other all the top part of ACT three twenty five should be the the change to what he presented to the committee. Right now I'm understand that exactly we. And yet they were on board Senate. You could demand that bill we're gonna so we came with the new bill just add hello this. And the wrong for the whole problem or it's been added to the the Bill. The act another act. As with added to your bill represent warned Russian. You're recognized. Thank you Mr chair. so. An act that representative. Perry. As already gotten carried through as been added in total. What you're presenting today. Yes. And I guess. I thank you. Okay okay okay. Any other discussion thank you Mr chair yes. Any other discussion on the bill. Yes representing Collins. Well I guess I mean since this exact same thing as it was last week as long as represented all these and other questions or adequately addressed with there being no change then I think we're good I mean maybe we could just adopt the amendment since it's the same thing as it was last week. Second heard anything. But. Well I didn't bring it in there but this is just cause medic is not underlined doesn't actually add anything it's just showing more like when representive rated that one bill and state agencies included the entire statute is to show the contacts that's kinda like what we're doing here. Okay it. I'd like to have the bill drafter here before we vote on this just to make sure. So. If you don't mind will wait to hear a few moments listeners any other questions. Come under Sir. Okay we're we're checking again to make sure is on his way the disposed of okay Bills way here. Let's take five minute recess to laying get here. Yes. Mr Gasper please come before the committee identify yourself for the record. What. Okay. Is on. Thanks bring gas per of Legislative attorney with bill as a research This rough the ballot I know that most of you know that the bureau staff can't take a position on the bill one way or the other we're here just to provide information about the technicalities of the bill this is that's what we do is nonpartisan staff so and we and we understand that okay yes represented all you're recognized. Thank you Mr Gasper for being here I think with the question of the committee is and it's not asking you to take a position on but we're not quite following. How it all works in we have on page we're looking at the amendment page one of two pages and we have all of this language from Page one over to page two to we get to see one correct and. We're not quite sure how that all fit in C. last week we had a question because all we had before us was C. one okay and we ask the question when does it end or you know with the guidelines is the bill that saw of the language all before it is that that newly incorporated active we're just tagging something into Italy incorporated act or is. The could you just kind of tell yes yes certainly up missed recruitment representative grass to include the other part of the act or the other part of the statute in their eyes obviously that the the original bill just adds on a new subsection subsection C. subsections Hey and. The we'll is it a and B.. Yes I'm sorry a and B. of twelve nine to nine were amended earlier in the session with Act three twenty five so that's why there's no markup language no underline no strike through that language of salt now current languages laws and signed by the governor so we what I did was we wiped the bill and then re. Laid out the entire statute for context as it is amended and meant the very and you find. The seat to see the new language part at the very end. Hello Mister chair yes and so Mr Gaspard what we're talking about in of section C. one when it talks about under subsection parenthesis lower case of a close parenthesis that's going to include all of a one a two a three and then we start with the capital a on page one capital B. capital C. capital D. capital E. that takes in all of that correct that is correct this section a municipality all right that that's what we were unsure of because of the way it is being presented thank you. Okay any other questions. The staff for we appreciate you down time straight missile not be excused. You may be thank you very. Okay you're representing the group Are you through explaining your. Yes Sir But the not entertain motions this point. I have a motion to adopt the amendment. any discussion on the. Seeing none all in favor say aye. Those opposed say no. You can present your bill now if you. So I think I've already. Explained thoroughly and okay so I'd like to motion do pass. Okay hello motion do pass is sculpture on the motion. All issues being let me for you before you do that is anybody notice will speak for or against this bill. Seeing none. Hi we have a motion do pass indiscretion on that. As amended. Seeing none all in favor say aye. Those opposed say no. And I thought yours is going to be the senate bill today. Thank you for. Okay at this time uh of. Of of with no objection I'll take representative Reyes bill house bill seventeen oh four how to order you have an amendment my understanding. Okay you will let you to identify yourself and explain your member a lot of pass out the amendment first here. Have you may proceed okay thank you Mr chairman and thank you colleagues this is I'll explain the amendment first this is house bill seventeen oh four since the last time I was here with the bill I added I did add another amendment I'll just cover real quickly what I did on Page two line three added the words I composting program I did that to address the concerns of the gentleman who came down from Fayetteville to testify on the bill I certainly didn't want to do anything in adversely that would affect the composting program that they have there so added that The Amendment that I'm asking you to adopt now is you have in front of you it does three things and this is to clarify some questions that have been raised about the bill three things number one it says this section does not affect the general state or local sales and use tax representative Collins asked to the last time I presented the bill the was concerned that this might inadvertently narrow the sales tax base I certainly didn't want to do that as someone who believes we should have a broad base and low rates with respect to the sales tax so gladly added that in number to prevent a municipality or county from restricting the use of glass containers within municipality or county based on public safety concerns if there's a municipal water park for example certainly wouldn't want them to not have the ability to prohibit glass containers that could be dropped an break and then obviously cause injury there there was also questions about and entertainment districts so added that provision there to to address that and the number three prevent municipality or county from passing or enforcing an ordinance that prohibits littering certainly wouldn't want to do anything that that that prevented a letter ordinance or anything like that so IV. This bill just to clarify a couple things that a member right up and would appreciate a good vote on the amendment but would be happy to take any questions. Any questions on the amendment. Seeing none I have a motion have a motion to accept okay he discussion on the motion seeing none all in favor say aye. Those opposed say no. You're recognized to present your bill is amended okay all right very good thank you committee for adopting that amendment so house bill seventeen No four is amended now you know I'll just recap briefly what the bill does it provides that any regulation such as the banning taxing and so on and so forth of auxiliary containers be done at the state level when we're talking about auxiliary containers these are things like cups bags straws things of that nature that our business is often used to serve their customers did receive a fiscal impact statement on the bill following up on the last committee meeting and the fiscal impact which I believe you should have indicates that there's no fiscal impact. the reason we would want to do this is to ensure that there's uniformity in commerce take our grocery stores for example if we have some cities and up banning plastic bags some cities that allow plastic bags other cities that tax plastic bags ten cents apiece we're gonna end up with a patchwork of regulatory framework that is chaotic for for our for our stores and for our businesses this is particularly true for businesses that operate statewide such as restaurants grocery stores accept or a if they if they purchase these auxiliary containers and large quantities to take advantage of economies of scale and so naturally it is beneficial if the regulations surrounding those products are uniform in nature. if they can't count on that certainty than yeah that could have implications certainly for the for the cost to consumers. there's twenty four states that already provide for uniformity of commerce with relay with regard to these products every state that borders us with the exception of Louisiana provides for this uniformity of commerce. I would add that there's a there's a broad coalition of support for this bill that includes the grocers and retail merchants association the oil marketers association the national federation of independent businesses the hospitality association as well as the beverage association one other point that I mentioned I know a lot of uh folks I've heard expressed concern on on different occasions about food deserts and how difficult it can be sometimes to bring a grocery store either to a remote rural area or to an inner city sometimes the as it as we're trying to attract more grocery stores and things like that to under served areas obviously putting additional regulations on the products and containers that they can use makes it even more difficult to achieve that goal so I think this helps in that regard I think this bill reduces government red tape improves our business climate and with that be happy to answer any questions thank you Committee is there any questions yes representative got off you're recognized thank you Mr thank you representative ray for the amendments they did address some of my concerns that I and others have brought to me and sent to president last time and but in regards to an and I'm in favor of the amendments but I did want to talk about and. Number two on the amendment and that it doesn't prevent a minute yes polity from restricting the use of glass containers and you'd mention out entertainment districts and that that you know is necessary to kind of ensure public safety but I do you know continue to read the bill as a city not being able to require a particular type of Cup for their entertainment district you know of you know designated or markup that says I'm participating in entertainment district within the boundaries knowing to you know has an alcoholic beverage to kind of designate those who are legally participating just with them. Visibility I guess and so do you. See the bill in the same way that cities would be prohibited from requiring a particular Cup or other auxiliary container as marked for use in the entertainment district. Well I don't think it would prevent them from marking that the container if five there was a sticker or label or something that they wanted to put on the come up for a wristband that they want to hand out to patrons much like we have to wear when we come into the building now you know those sorts of things could certainly make it easy to identify which cops or which containers or or within that district so I think there's certainly ways to address that. Follow up yes but it's city could not require a certain designated cut for their outdoor dining district. yeah I I read I read that as that would be otherwise regulating the use of an auxiliary contained requiring at are particular cut for the entertainment district. Yeah I don't know I don't see that as a as a huge hurdle to overcome for for entertainment districts that's something that would not be intended by my legislation but certainly something that I would I wouldn't I wouldn't mind if entertainment district said you know you have to have a Cup I mean but that might be something the different bill could address. Okay any other questions. Seeing none insuring of we have some people here to speak for the bill. Excuse me do we have anybody here to speak against the bill first. To speak against the bill yes okay representative shoot me John Wilkerson from the so from the municipally thank you. Please identify yourself and proceed representative will take any general counsel John Wilkerson municipally first of all we appreciate representative rate listing system many of our concerns about this bill but I'll start with the over okay overall view of this first of all and I appreciate the opportunity to really dive into this because after the committee to weeks ago really sort of delve into this as as a staff and many Richmond made the point that we don't believe we have the authority to tax individual items anyway we there's an AG opinion that state that suggests to us that we have a sales tax for everything registered with Arkansas stacks it also we don't know that we even have the authority to to to tax plastic bags one by one and I know but I know it present a razor for into it when California see my wife's in laws in target does charge ten cents back to use one of the plastic bags and rouses the same way so we don't think we have that ability anyway But be that as it may aside from that obviously we look at this is an unnecessary limitation local control of our cities want to ban plastic straws plastic bags in the citizens one it and the citizens come to the council and say we want this then we should listen to the citizens this would also limit limit the citizens ability to put an initiative on the ballot to to ban plastic straws or plastic bags now this happens around the state a whole lot out I'm not sure if any to the man's plastic straws and I'm Senate corrected but it's certainly not at a massive thing across the states we don't know we just it's one of those unnecessary you know limitation of local control. But when I talk about local control obviously talk about you know our ability to you know for this the government closest to the people is most responsive to the people but the second part of what control is the downstream consequences of these types of bills and like I said last time when you when we draft really broad bills we have really broad implications now with that said and I'll give a resident rate credit he did lessor concerns and try to address those but I will point out a couple of things that about those amendments that give me a lot of pause first of all the entertainment district issue a lot of cities a lot of city will be in glass containers but a lot of cities also say it's got to be in a plastic Cup this brand by the city this would this would eliminate our ability to regulate the use of plastic cups we couldn't say no styrofoam anymore so it we would women are but limit our ability to do that and therefore would and void a number of different ordinances across the state but the glass container is is a is a positive step we of course we see the second one is the littering problem at it so subsection D. three says it prevents a municipality or it won't prevent a municipality or county from passing or enforcing ordinance that prohibits littering if it ended there I see it but it says if the ordinance complies this subsection B. of this section and subsection B. of this section says we can't restrict the use of I'm sorry container so I'm not sure it seems as if that exception service swallowed by the fact because reference back to be so I'm not sure that even does what and I'm sure that was the intent is it representative ray says an almost to me reads the three would read as saying that we can have a little ordinance as long as it Little Miss does not prohibit or regulate the use of arms or containers so I we see a big problem with that and like I said you know a lot of what we do most of what I do is give advice to cities and towns across the state and what the laws are and this is a law I would say if this passes I would say I'd say I'd be very cautious to have a little ordinance that regulates the use of our server containers are very food containers I'll also add that the liquor control act of the state Rep. Francis food and beverage container spot by name so it's part of the liquor control act that gives us the authority to have this these litter ordinances so I'm really worried about subsection D. three. Finally. There's a lot of different reasons that we may have to regulate star from containers we and COVID of course we had a lot of take out with with COVID I know hot springs is very protective of the storm water drainage system is star from containers started cumulate downtown start to clog up that storm water drainage system Hot Springs may say you know what we're gonna have to limit the use of styrofoam containers not necessarily a letter thing but it's just we can't we cannot allow this because we can't afford to let ordinances so we're just going to have a thank blanket ban I'm not saying they would do this but I'm saying I know hot springs is very protective of their stormwater drain system and I'll be very worried that they would be limited in their ability to to regulate that it I mean there's a number of different reasons that that I can't even contemplate the city's may want to do this but so again that's why we're always concerned about broad and limitation of local control because it has unknown consequences that we have to deal with for the next however many years so with that that's that's the position of a municipally thank you I take any questions of course okay any questions. Seeing none you're dismissed thank you. Speaking for the bill Steve good. Please identify yourself for the record you may proceed. Thank you Mr chair members of the committee my name is Steve good I'm the executive director for the Arkansas grocers and retail merchants association. I come to you today much like represent raise our dimension on behalf of not only our association but also the Arkansas all marketers the Arkansas hospitality association Arkansas beverage association we all come to you with our respective management teams and employees and ask that you would consider this bill today. What we're seeking is uniformity if you're a small business owner and you owned businesses in multiple towns and you have to adhere to pack different patch works worth of bills I ordinances throughout those towns it can create a huge hardship for your business you say well you know that's not going to happen I'll just read off to you some things that have happened in other states that do not have uniformity bills representive ray are you mention the twenty four states I think it already adopted uniformity but some will give you some states that have been in Massachusetts today there are a hundred forty six communities that are passed ordinances banning plastic bags which include which includes at least a dozen different varying standards for re usable bags. At least forty nine advanced are from containers at least nineteen have banned plastic water bottles so somebody I would be a lot as I see your water bottles on your table today. California's been mentioned already there hundred fifty one cities and counties at a past plastic ban bag bans Hendren twenty one cities that have and county as it passed bans on styrofoam products fourteen of these actually apply to government facilities in California no styrofoam products. He say well okay that's a far north the center far west that could ever happen in the self on the table at South Carolina in the absence of statewide uniformity in South Carolina at least nineteen community said man plastic bags and or other types of food service ware and packaging packaging to include straws takeout containers cups leads foam coolers and packing peanuts that you get your stuff in and around your Amazon packages so again what we're asking for is uniformity if you guys think that something needs to be done at the state level you know I would think that we would probably come down and sit at the table and try to work through a plan that would work statewide that many of you know that you have convenience stores or grocery stores or restaurants that are not only serve your communities that you live in and represent but also maybe some of your fellow legislators communities that they represent and so for that we would ask that you would pass this bill today. I'll take any questions came questions. Seeing none we appreciate you thank you all very much for your time okay anyone that will like to speak against the bill. For the bill. Seeing none would you like to close for your bill. Yes thank you Mister chairman I'll I'll mention just a couple things in in regards to Mr Wilkerson's testimony he mentioned that he doesn't think that. Cities counties have the authority to do this but I point out that it is happening in thousands of communities across the country so this is this is not hypothetical in anyway you know I would point out that before the right before the pandemic there were a couple of articles in our state wide record of paper about various communities that were contemplating an acting Is such ordinances okay so that's that's point number one on the authority on on his point about littering I guess I would say we just may have a fundamental disagreement about what littering as bill a litter ordinance wouldn't say that you can't have a plastic bottle a litter ordinance would say you can't throw the plastic bottle on the ground you can't leave it there that's what littering yes I think that's that's common sense and and most people most people would agree with that with this point about local control I'm sympathetic to that I'm for local control and local control is appropriate however for the reasons of uniformity in commerce and other reasons that we've mentioned here today I I think that this is best handled in a uniform manner at the state level and I'll be real honest with you sometimes our local governments can tax and regulate in a way that is entirely too aggressive as we've seen with with like I said thousands of localities around the country and so if we don't take this step I'm afraid that our citizens are going to be paying ten cents a bag in various communities for their for their grocery bags or or you know half of us are gonna be drinking to paper straws pretty soon because whatever locality we live and has decided that they know best what types of auxiliary containers are businesses should should choose to serve their customers and the last point I'll make briefly is I would just urge you to think about your poorest constituents I I thought through this the other day and what the what so I tax like that might mean and by my calculation I think IT ten cents a bag I would pay over a hundred dollars a year just in back taxes now I can afford to do that that's not going to do this I'm gonna put me in the poor house but there's a lot of. People that would and and that hundred dollars that they're gonna pay in back taxes might be a full week's worth of groceries. For that family so I would just encourage you to think about some of the the implications on that side of the ledger and with that which I just appreciate your time and attention to this matter and would obviously would love to have a motion do pass on a good vote thank you okay. Yes Should all in favor say aye aye those opposed say no. The nose habit Yes you're recognized. Representative Brian. Okay. Representative Mike Holcomb. Representative Holcomb. Representative Cavenaugh while. Representative arrives. Representative Dalby. Representative Dalby. Representative warned. Representative warned. Representative pairing yes. Representative Scott. Representative slight. Representative slight. Representative McCollum. No. Representative to my group yes. Representative Tom let. Representative Tom let. Representative Godfrey. Representative Beatty junior yes. Representative Collins. Representative hawk. Representative Haak. Representative car yes. Representative under what yes. Representative Brian is. Representative Nicks. The motion has failed. Okay thank you Mr chairman thank you for your time committee. Okay it this time uh last the my co chair here to take the. See it here and I have a house bill seventeen seventy eight I would like to present. K.. Okay represent five. You're recognized to present House Bill. Seventeen eighty eight. Please name for the record. with your permission this chair I'd like to bring up Mr Loftis. With the institution counties come on up to the table and state your name and who you're with. Hello everyone my name is Dylan Loftin I'm a law Clerk at the association Arkansas counties. Okay okay represented ready for senate bill thank you Mr. This bill it is concerning broadband it started actually last year I started working on this bill situation I had was there's a place in Benton outside of and you can see the city of Benton and I can't get broadband internet out there dollops all they can get their problem was that eighteen T. said it's not profitable for us to come out there and do that. And so the solution was the cable cable tells the same thing is not profitable for us to come out there and do that. And what this bill does And olive Mr Loftin he he wrote this bill this is the first bill that this man here is got the right needs done in house. but. What we did was we made it so that this improvement district they could form an improvement district or have an existing improvement district and be able to share that cost and broad broadband under it's not the answer for everything but is cliche goes is a part of the puzzle we're gonna go to the to help some people get internet with that I'll turn it over to Mr Loftin let him explain this bill in its entirety here thank you representative five notice first want to thank you this is been really enjoyable so I really appreciate this opportunity it's been a great experience so first I think it's pretty clear in Arkansas I think everyone can agree on that there's a need for broadband expansion and access so just give some statistics first for broadband as to access in the state four ranked forty of forty first and access according to a study by broadband now and we have for connectivity writings are fiftieth in the nation for the purpose of the bill really is to expand broadband access and connectivity in Arkansas primarily through two pathways so just go through the features of the bill pretty briefly parties in the bill ever hear me say parties that's going to be defined as municipal improvement districts suburban improvement districts property owners is improvement districts municipal property owners improvement districts horizontal property regimes or POS which is a system of property owners association for rural development authority. For private actors that's going to include a cooperative corporation general partnership LLC limited partnership joint venture business trust nonprofit entity or private business entity now there's two real pathways under this bill remote broadband current parties would receive additional powers under this bill the powers that be to flowers to contract for provide promote answer for broadband internet service through a public private partnership and secondly to finance public capital facilities or projects that include broadband internet service. so these powers are given very simply all it doesn't really amends current statutes that lists the powers of these entities as these powers it doesn't take away any current powers and gives the power to enter into a private partnership the voting other procedures used exercise these powers and form these districts would also remain the same. the second route to expand broadband access is the parties and private actors can engage in a partnership for broadband improvement district which would also give more powers primarily being a contract for provide promote and support broadband internet service through public private partnerships finance public capital facilities or projects that includes brought include broadband internet service enter into a negotiated agreement with a private actors it was the private actual construct finance implement maintain and operate a broadband system finance a broadband system necessary to engage in these activities and engage in negotiations with the private actor before during and after this process and that's really the gist of the bill. Okay let me before we take questions but let me say one other thing I see this being used mainly in new construction of subdivision goes out it's and it's all one owner and they're too far out for for cable or or the telecoms which come out and put it then the owner of this improvement district who before any loss or so he can go and negotiate with the provider eighteen to the whoever it may be and the co share price what that does it ends up going on the property tax is where it goes that's how it's paid finance in the future. And that the this point would be willing to answer questions representative already. Thank you Mr chair. Tell me of chairman fight this is just if this is piggy backing off what we did last session is not where we allowed cities in in counties to also come to work product private public entities to help bring broadband this is just expanding it and making it work for more people yes there's there's several laws concerning the improvement district this fits in with that also it's just a part of that yes expanding it yes. Represent Collins you question. Thank you and I I think it's obviously a great and important saying here but I'm I'm kind of wondering about the mechanics of it so I mean improvement district as I think of it is is a group of property owners that are engaged in something that benefits all the property owners you know whether it's physical or a service or something else. But I I see this is being is benefiting some private property owners but not necessarily all or you envisioning that the improvement district with all the people without broadband or would that be some people who have rob and already and so they're being taxed for someone else's broadband to just help me through it I guess to narrow it down are we talking about only people without broadband would be members of these improvement districts no no let me explain it this way the property and say it's an existing property owners association concerning their bylaws whatever their by laws or they would vote whether or not to get broadband and they would be in the thresholds pretty how most of my things around fifty one percent and so they would go to to do that an existing one I don't see that happening very often of it could be in and if people want to broadband high speed broadband yes I could do that yes. But. But if you have broadband in there you're in a. You'll be locked into that if they did vote for that yes. Follows. Thank you so I mean I guess in theory could a property owner. several property owners to make up more than fifty percent of of a. Potential future improvement district forming approving district to bring broadband to just one of those property owners. And then bring in the others and tax the other. People who already have broadband. Yeah that they would have to go through a process in which to do that what you just spoke up and and I don't see that happening either the city or the the county will have to give authority to this improvement district and The asset is county judge ended. Laudable improvement districts and and you weigh the needs of for the improvement district whose winners losers you usually make sure that it's shut up for a and everybody's on board I guess they're assessed the assessment B. zero for them if they don't benefit anyway yeah it's a little bit yes okay thanks. Any other questions from committee. Share any. A representative for. German but help me out. The appreciate all about the improvement districts would you be going for existing developments new developments both or. It may leak Bailey new developments is where I see. Ali ninety percent of this happening okay is before anybody owns a lot in there there's no service out there there's no chance of service except something like a of five amino copper you know no high speed internet that's where I see this bill going most most that existing Some of you may use it but as again a dealing with improvement districts fifty once a high threshold of where I see this happening is improvement districts go out they put in sewer water streets and and everything in it I see this being grouped together with this when a bill that subdivision and using us as well see this building is thank you represented by. It. The this this is not regulated by this being broadband isn't regulated by public service commission that correct this. So when I think you and improvement districts I think of you that is a regulator those like you just mentioned water streets so but if there's one of these forms an outline area and the partnership agrees that we want to form a tax base bill pay for this it would that be a right of way or easement access through through the joining lands and who would who would pay for that or how would that come about through the through the improvement district and is not familiar okay well it most most of it I would think under lock or sewer projects sometimes that gets out the right of way I would expect all is to remain in the right way. Your talk about eminent domain yes the idea is not. I'll I'll close that the loft. Could you repeat the question just for clarity. Just just a focusing more on eminent domain for your right away versus easement to for if if an improvement district as far out and you're asking to a provider in a public private relationship to to bring that service. It is improvement district have that authority to domain lands if if an owner outside or adjacent to that district says you're not come through my property that would depend to my understanding on the current governing statutes for that particular improvement district this bill doesn't change any of the existing information in those statutes I'm not familiar with every single point of power in those statutes completely I can't Saddam out of my head if I'm being honest so it really just depends it depends on what district it is and what that statute says. And I can imagine this going anywhere with the right of way and by law utilities are allowed to be in in the county and city right of way. Any other questions from committee followed I guess that's my question is is this considered a utility. Since since is not governed by. This yep well it it will be it'll either be telephone service or for a The the cable company I would think those only to the come they're the only ones that opposes we negotiated with let's put that away and they are now for a loan. But the yes those with what those are the two that I would see it coming for. In the let me back up I guess you could come through the air also. To do the same way with this with towers. Anyone else committed have. Question. About anyone in the audience is signed up to speak against the bill. Speak for the bill. Represent thank you may close for you to be okay let's say there was an audience statement would you speak. Others signed up. The Bill. Yes. Representative Mike Clark the district twenty six. Internet. Is like in the. Today in rule Arkansas is much like getting electricity was years ago. I'm a little further down the road from him a little bit more rule. During because of the people working at home. Kids trying to go to school. Is estimated Hot Spring County the over sixty five percent of our children did not have internet access. Now what he is talking about is primarily for subdivisions. There are some rule development areas that possibly could use this here's another thing that is huge for me housing. We have a huge need for new housing. What are number one restriction we move outside the municipality area. Internet this will help us address housing needs educational needs help workers. I don't see a downside to this so I would appreciate it. Voting for him for a good vote thank you. Thank you represent a represent thank you read oppose the bill I am. Per se this bill will not be for every need didn't solve every day for. Of an internet and we did have some opposition to this and and we have there to my knowledge there is no opposition down we were able to get in language. And again of of. I see it mainly new subdivisions being used but it can't be used in existing and and also hot springs village has a great interest in this bill because they're they're struggling to get high speed internet in there and I think this could help them in that also. That I make a motion to pass I have a motion to do pass and discussion on the motion. All in favor of the motion say aye. Those opposed. Represented by the pastor bill. Okay at this time we will hear house bill sixteen eighty eight representing McClure would you Come up insert yourself in. Defies over the record. Representative Rick McClure district twenty six and thank you chairman forget this on the agenda sorry I was next door and you may proceed whenever you're ready hi you may proceed okay. House Bill sixteen eighty eight is a local issue for Hot Spring County. is brought to us by the hot spring county solid waste authority the quorum court the cities of Donaldson midway in friendship. as far as we know. It's for secretary of state we can find we're the only one that's operating under the original joint county municipal solid waste authority act. What this bill does there's too little things is going to serve help us solve many issues but they're very simple. Additionally there was a industrial development corporation that somehow was allowed to have a voting the not independent nonprofit allowed to have an independent voting member on taxpayer dollars this is funded by once the sales tax of this independent nonprofit had voting rights on this that group has been dormant since around two thousand two thousand eight it was replaced by the hot spring county economic development corporation which I'm the chairman of and we have no interest being a part of that area and legally we can't fill that role anyway there is a new members coming on board the city of midwives all this does is take out the independent nonprofit that is dormant no longer in existence and just recognizes that those that are voting on the budget or the actual members of the municipal waste all of our municipal solid waste authority that's really all it does but it will help tremendously so if you have any questions. Okay questions. Saying no questions anyone in the audience who speak against this bill. For this bill. Seeing none of the entertain a motion I have a motion. J. discussion on the motion I have a motion do pass yes I thought that's what that was. Okay okay you have a motion to pass instruction on that. Seeing none your clothes for your bill yes Sir I apologize. Okay all in favor say aye. Those opposed say no. Okay resolution to pass a bill out the created very much okay and we have a meeting scheduled for Wednesday we we have about four Bills five bills on the agenda and after that we don't have that many that's filed and we may start slacking up here a little bit. All right.