City, County & Local Affairs Committee - Senate

We have. What do. Senate bill SB four seventy nine Senator Tucker. You're recognized building on the table. You're recognized present your bill senator. Thank you Mr chair thank you members this is a bill designed to help the restaurant industry come out of the pandemic. I think everybody realizes how hard that are restaurant owners pretty much you know mostly small businesses in Arkansas have been hit by the pandemic close through no fault of their own I think many restaurant owners the revenue in twenty twenty was down anywhere from thirty to to seventy percent and we're hopeful that they're gonna have an opportunity to make some of that up. In the near future my guess is you know when a business opens back up that the restaurant business will be robust that's what my hope is specially for the good people who fetus every day every week every month this bill is designed to try to help him come out of the slow economic period and it does three things The first one is it allows them to expand outdoor dining. Without going through a BC they still need to go through their municipality and let me clarify that a little bit if first of all they already need to have a permit from ABC in order to to sell alcohol and if they're going to expand their outdoor seating capacity in a way that changes their permit type and they would need to go back through ABC but the way this is set up is they don't need to get if they already have their permit and they're not gonna need a new permit as a result of their expansion they still need to notify ABC but they don't have to get their permission they do still need to go through their municipality but it's just one less hurdle for them to jump through. I've communicated with Director Chandler about this and she can speak for herself of course she said that she didn't really see a technical problem with the way that the legislation is written our concern may be that there's a lot of communication between ABC and restaurants whenever the restaurant has to go back through ABC in order to expand their outdoor dining service and and without that communication there may be more violations in the future my hope is the fact that the restaurant still has to communicate the expansion about running service to ABC that communication will still take place you just don't have to jump through that hurdle of getting the permission before you're allowed to expand as we all know outdoor dining has been a critical part of keeping restaurants to flow during the pandemic and that may be one thing that sticks with this after we come out of code nineteen so that's the first piece of legislation. The second piece of legislation has to do with third party delivery service. sure we've all ordered from a restaurant where by squatters who reads or one of those third party delivery service companies delivers the food to us from the restaurant I think you know a lot of businesses suffered in twenty twenty as a result of the pandemic some businesses did better and I think third party delivery service companies are one of those businesses what this a second piece of the bill would do is a typically the way that these businesses charge the restaurants as they charge a percentage of the order and that's the case with the order one salad or you ordered dinner for ten at a cost of two hundred fifty dollars is just a straight percentage charge and so what this would do is it caps the representative the order that the third party delivery service company can charge a fifteen percent. Only during the time period that the emergency declaration is in place and for a period of ninety days thereafter it's not a permanent thing it's only temporary during the during the pandemic the Emergency decoration and for ninety days thereafter to again to help the restaurant's kind of come out of this a little bit. And then the final piece. It's just designed to help restaurants with cash flow over the next year and it would allow them to pay their sales taxes on a quarterly rather than on a monthly basis I made an amendment I had several conversations with the FNA about this and I made an amendment to that to make sure that we're not affecting fiscal impact so all of the sales taxes that would be due in this fiscal year will still be paid during this fiscal year and then moving into fiscal twenty twenty to. all sales taxes that are due within twenty twenty two would still be due within twenty twenty two there's not a tax cut in here it just allows the restaurants to pay their sales taxes on a quarterly rather than monthly basis. the other point on that is that is when restaurants the sales tax for example for March of twenty twenty one those are due on may first if those are paid by April twentieth in the restaurants are entitled to a two percent discount and I wrote the the legislation away that they're still entitled to that two percent discount because I don't want to lose that if they're paying on a quarterly rather than monthly basis but but that's the other piece of that that I wanted to mention I there are some restaurant owners here to testify there there may be some other folks and I can speak to that too but I'll be glad to answer any questions about the bill. Committee your questions Senator Solomon you're recognized. Thank you senator and I respect what you're trying to do to help our restaurants I've. I agree that they've been under tremendous strain my only concern is this with the the groups that deliver and our Secretary of health has said that the emergency shouldn't end until it ends worldwide it's a worldwide emergency and the I assume from that would extend that so we may be looking at emergency that doesn't end until twenty twenty three twenty twenty four are beyond so I'm wondering why we would put that restriction with no end in sight on it just due to a never ending emergency. That's a fair question I'm quite frankly I don't have any inside knowledge center but I was half anticipating the emergency emergency declaration to go away on March thirty first so for the governor's already said no we have that in here yesterday that he's going to extend it okay we're looking at at least another I'll what do you he didn't say what excellent extended by a secretary Romero through the executive order has to power and the governor gave him the authority over all comers for our restaurants if he has that authority and he is said that the emergency that this is that worldwide emergency and that and tell the world wide emergency ends I don't anticipate him calling an end to this I like what you're doing with the restaurants open seating I think it's a even though I'm from a dry county have concerns over that I'm all right with that I'm okay with you know that the tax incentive I think it's a good thing I'm hoping you'll support of what we're going to have later on today to help our restaurants but it's difficult for me to support the one capping into having an unending emergency okay can you respond to that please yes Sir. You're right you're absolutely right that we don't know what the future holds for the pandemic and and so I do see a legitimate concern and what would it appease your concert could you support the bill if I put an end date on it and still have the the the captain there at the end date is tomorrow. Fair enough fair enough Senator. Senator Johnson and then Senator Clark. Thank you Mr chairman Senator Tucker I want to help our restaurants I see over your shoulder I CC Director pack who is I'm I frequent he got patron of her restaurant and I love it but I also know there's a lot of other small businesses out there that aren't restaurants. And I'm I'm to to give the though I I just can't understand why you wouldn't want to give everyone the same break to spread it out and course we're always lectured if you've ever had yeah I don't know if you've ever had a sales and use tax permit but you get told by the FNA rightfully so that this is not your money here you're just a collection agent and so for you to hold it I mean we're we're essentially and if you're doing this I mean I could knowledge It I don't even oppose the concept but you're giving cash flow to a small business to help keep our doors open yes they have to pay it belongs the state but to under current law if you don't pay it you you lose the the two percent discount I guess a so called a discount but to their this is it's more less treating two different classes of These small businesses differently I'm I'm I'm troubled by that and then we get into your your section about the delivery service's for the government does come in and set an arbitrary figure what they can charge is as opposed to a negotiated deal between the two the the restaurant and the delivery service yeah I'm I'm also troubled by that now it fifteen percent might be reasonable but that I think would be a decision that a restaurant could could could choose to negotiate with that so how do you justify this government intrusion into the relationship between two private businesses. So I'll answer your first question first. I have not personally a sales and use tax permit but my wife was is a small retail business owner for seven years and so I understand how that works. You know to the point about the distinction between restaurants and other small businesses. Restaurants I won't say it was unique because there's also movie theaters and you know the rep more concert venues and that sort of thing but restaurants were affected in a way different than like a retail shop because retail shop could still be open people can go in and wear masks. Resume we only in there you know for short periods of time and they can stay distance and that sort of thing in a restaurant you're in there for typically an hour or more and you have to take your mask off in order to eat and so the restrictions were more severe on restaurants and they were on other businesses so I think that's a reason why we should really focus our support efforts on restaurants and and other if you want to bring a bill to support other small businesses you know I would I would love to take a look at that too but you know this bill because of the the significant targeted impact on the restaurants as a whole that's why this bill it not only for sales tax purposes but for the other purposes in the bill is really targeted to help restaurants. and then you know this is that answer your first question it's a good answer Senator op I completely accepted but I appreciate okay all right on to the second question you know. So you know I think If I could I would like for the when it when it's their turn to testify would like for the restaurant owners to to testify to the third party delivery service they're gonna be more knowledgeable on that nine okay I'm I'm working on legislation that would Protect all restaurants from a third party delivery service. Going and getting their food delivering it without their knowledge or permission it's obviously if somebody that doesn't know what they're doing goes the trio's and picks up food takes it to my house and I said this is terrible and I go online I have a terrible reviews of a restaurant and I don't want that to happen I think that's that's what I'm working on so I appreciate what we're thinking in the same general direction of helping that I just of of codifying into law a percentage or or an amount I'm I'm very trouble with I do have one quick question on on the tax portion would this affect the remission collection remission of the advertising promotion tax. I may have to rely on the alternate answer that question the F. and I. does not collect that that's now RCB better than convention bureaus yes yeah well I haven't you know I've had communicated with cities and counties about this I haven't really communicate with the CV bees I haven't heard from either so to my knowledge they haven't taken a position I'm concerned that. All again when you've got an are in little rock eleven percent sales tax from the cost more and Tax to eat out in Little Rock than it does in New York City and we've got that I'm look looking at ways that perhaps we can. Even if it's just temporary roll that back encourage more people to go out and again that would make it clear because we went back and forth years ago on this that the FNA refused to collect that tax okay all the people that were D. F. and at that time said we're we're under this cities you can go do your thing what you might recall for a long time that was public record and people could take the figures from a rest local restaurant and figure out what the sales were that restaurant it was right there proprietary yeah but B. that make your bill my question I answer I guess is it doesn't address that one way or the other that's right and again it doesn't. Lower the sales tax burden of anybody it just allows and paid on a quarterly rather than monthly basis to your first point about codifying the percentages that Act it's a do not codify section I hope that'll relieve your well codify for temporary yeah situate still puts it in the law yeah okay as a put it in the Arkansas code but it does put it in the law for short period of time okay thank you senator thank you Mr thank you senator Senator Clark you're recognized. Senator Tucker to appreciate to spur the bill but. Again I'm in full upon the sales tax. The you know I understand as a businessman why I don't want to pay the first of the month of. Fifty one but no a lot of muscles are charging a model click till the end of the month but what again is the reasoning for. Of three months. it again Senator I don't want to comment on your question but I think the restaurant owners are going to be able to address these I'll be happy to to estimates that's where of the other thing is. The and they may be able to better answer this question two of any time we start. Controlling processes have heartburn of do you know why they where we came up with the fifteen percent or is that a question on the desk No. That's a number I my understanding is that the third party delivery service companies charge around twenty five percent or so I did have a conversation. You know a about. The weather that's are a reasonable women are not and they basically said you know they don't want to negotiate they just don't want to limit and I respect that I'm not criticizing them but I would I wish so I I was trying to come up with a number where I think it's less than what they currently charge or they can still make a profit so then the are you privy to what no Sir I'm not and that's why I want to have that conversation with them but it just didn't go very far okay or thank you. Thank you any more questions committee. If not we have for people to sign up. KP thank you first and we have Paul Goehring with the FNA don do the and and and all covered. Respect you come to the in the table and. Please identify yourself to your with your are recognized to present. The Committee thank you good morning Mr chairman thank you senators for allowing me to speak briefly about my business my name is Cappy pack I'm a lifelong resident of little rock I have trio's restaurant which opened in nineteen eighty six when I say that number makes me feel really old I'm actually the fourth generation in my family to be in the food service and hospitality business in the state of Arkansas and I love what I do but I can tell you the last year has been very challenging I I never imagined I'd lives through something like that the pandemic that is so affected everybody but especially the restaurant industry when we closed over a year ago I never imagined we would still be partially closed today but but we're making it work but we could certainly use some help I think that I am probably faring better than than the sum but in twenty twenty my revenue was down thirty five percent thirty five to forty percent over it was that it was in twenty nineteen it's a it's a tough way to make a living restaurant industry where the lifeblood of the community the hospitality industry's number two employer in the state we we nurture and nourish people I know you all have a probably a beloved restaurant that has shattered during the pandemic that probably won't reopen a nation wide it's over a hundred thousand restaurants are closed and some experts say that it could be as late as twenty twenty five before we fully fully recover one thing that that has been especially a struggle for us we're still only open at fifty percent capacity because of social distancing I'm feeling a lot better now that my staff is faxing and I'm I'm vaccinated but we've closed three times in the last year due to outbreaks of. What star staff even though we were very carefully following all the protocol it was just inevitable so in the past year we've we've we've taken we've taken some big hits the profit margin in restaurants nationwide for a small independent mom and pop restaurant is only forty five percent so when we're talking about this loss of revenue it's just it's really overwhelming and I would to my colleagues in the room it's because of our company because of our resiliency that that we have survived this long but we literally went from one day having a full restaurant on March tenth to the next day being shattered and morphing into curbside delivery our waiters became car hops everything was package to go online ordering Q. R. codes we came health monitors of our staff taking temperatures sanitizing we put a new filtration system man and all this while we have been readying trying to build up consumer confidence it's so then what when it's time to come back that people will feel comfortable dining in we're seeing a little bit of an up tick now especially with the beautiful Arkansas spring weather people are laughing sitting on the patio so that's easy but they're still a little lack of confidence about dining in and I'm afraid this is going to linger for a while we the Senator Tucker's bills I've talked to him about all three points extensively the the tax burden you know we're happy to collect and remit to the taxing and and help the coffers of the state in the city I'm I'm I'm proud to do that we we have a huge economic impact our industry does but cash flows going to be hard for at least another year we've dipped into our service I started a twenty twenty debt free and and now I'm right now I'm not debt. Free anymore it's gonna take a long time for us to dig out I think the ABC portion of this is is something that we can all embrace and take advantage of across the country across the world we've seen outdoor dining just surge and then finally on the delivery system additionally we didn't use third party delivery systems we had the opportunity to keep our staff employed and we they were basically our delivery people but now that we're re opening and again we're only at fifty percent we needed to have our service becomes servers again so we have done with this third party delivery system some of these fees twenty five twenty to twenty five to thirty percent when you're operating at a forty five percent profit margin it's you're basically giving the food away I understand you know why why treat the restaurant industry differently than a small trash shop or a gift shop I don't think it's apples to apples are our services are so different and I know lots of local business or owners that have made it because they've been able to scale back from five employees to to go to online ordering well you know I've got fifty employees I've managed to keep the mall employed by salary people taking pay cuts and just thinking outside the box and doing everything we could possibly do to to not add to the unemployment listed roles I will choose to implore you include to to to to to open their minds and open your hearts and find a way to help our industry we we're in the hospitality business we want to we want you to come in and celebrate the good times commiserate when they're bad break bread with this lettuce nursery nurse you it's what we do it's in our blood and we really haven't been able to do that for a year what we're going to come back but we need some help thank. You for listing. Thank you members questions for ms centre Johnson you're recognized. Thank you Mr chairman. Mistake I don't want anything that jeopardizes being able get a banana to lie I've never deny you your banana delight thank thank you As for those who haven't haven't had it it will change your life what especially change your life for the Arkansas berries come in and you get the Arkansas berries poured over the banana light and it's you ask for but it is like capiz way that's inside you are very very persuasive with mass spec that's my strongest suit. I hate to get turned to a serious note but I have to It's a serious problem with delivery services that is has caused this to. ciri. Sharks here asked the most is that she's going to answer my question well it wouldn't we all like to have that Is there a problem with the delivery service's that they have have a that has precipitated that part of it I could could maybe go along with some kind of a of a temporary reprieve and and I I appreciate the work that Senator Tucker is done on this but it is. What can you to tell me that justifies government interfering with a contractual relationship that you or any other business has with another business. Well I don't know that I can justify that it again this is not a business model we ever really looked at until the pandemic just because it was cost prohibitive and you know I could just sit there and say okay if you're going to charge me twenty five percent I will add twenty five percent to my online pricing which doesn't exactly seem fair but I never had to deal with that because it until the pandemic so I I don't really know how to answer that question I I I I just thought a cap would be helpful since we are also dependent upon those services especially in the past but even still now as consumers are getting more confident that confident about coming in picking up curbside or dining in. Well I I just can't help but think that if I want username let's say delivery service a charge is what you think is too high a percentage for you to do business with the you should be allowed to not do business with them and then maybe Senator Solomon wants to start a business where he thinks he can get more efficient and bring that that delivery fee down and therefore be competitive and earn your business and I think that's what free enterprise should should try to be but I'm I'm just really hesitant and and center I'll be honest with you if you bifurcated descended to bills like my convo for one I don't know could vote for the other but as as of one bill it's it's a little bit problematic for me but this pact thank you for everything I have it reminded customer I've done the the curbside I always made a point to tip is if I were in the restaurant to your people and I'm grateful you didn't have to lay anybody off other than being closed during the time if you had an outbreak in your staff but you have worked so hard and all of our restaurants have and I'm grateful to him I'm said the ones we've lost a Frankie's probably be at the top of the list but I'm I I'm I'm very even in temporary basis I'm hesitant for government to stick its nose in about a what I think has to be between two a private entities. Matter Jack Mister chair. I don't ever want to be accused of of not having for side so Mr Gillam I'd like to for him to distribute an amendment I think would that prepared what I'm just going to strike that section from the bill and the only two pieces that remain are the sales tax paid on a quarterly basis and that the expansion of outdoor dining service so I'm going to I'm going to grant your request senator Johnson splitting the bill or right now right now are you psychics work or did you just discipline. Thank you Sir thank you miss but. The center. The question Senator Tucker you asking to adopt this amendment before we have other questions yes Sir and in consideration of the committee's time and the other members for a way to present their bills okay I I think that we can. May I there may be other points and I don't want to short circuit those but I think we can make this more efficient. Okay committee which is our own amendment. I have a motion from center don't mark Johnson second Senator Flippo all in favor aye. Post graduate congratulations you passed your amendment. Thank you Mr. Okay we had to Senator Clark next. Yes I'm sympathetic as a businessman to what you've been through. And the and as soon as they. Of open restaurants back up of the first people back out there just trying to be supported. But. Explain to me the Russian on the sales tax. As normally. There's two reasons for putting it off one is the time in trouble doing the paperwork. And the second is actually payment of so what's the rationale of of a quarterly versus monthly. Yes yes. Cash flow we're we're all trying to dig out it's in and again it's it's it's not a should should deferral if we could have a quick. A quarterly that would allow us to to build the reserves back up get completely hired up I know a lot of restaurants are not fully staffed up yet I know we've got the green light to open at a hundred percent but most of us I think most of the independent restaurants I know we're still only at fifty to sixty percent because we are it's not normally I don't know when it will be normal cells for cash flow purposes can you explain that to me because of I mean you seem to be the probably better business person in me. But I don't I don't know about that but of. Would you because as someone said earlier the sales tax is the state the council the city's whoever's money it's not yours or mine. Of and for those little we get for collecting that. The but. It seems to me that it could be harmful. it for use it for cash flow because you either have it you either set the money aside and said this is not my money and it's going to the state which is where we'll send it to and then they distributed. Or not and it looks to me it will having work with small business small business and work with small businesses that the longer you put off paying it the more likely that somebody has not issued to per cash flow but has used it for something else no longer has the money to pay. Of one overall. Well I don't it is my opinion that things are going to get better that we will be able to maybe not get back up to R. twenty nineteen numbers but as more and more people are vaccinated as we begin to open up more. That that are revenue will return it's it's going to take I think several months I mean I I fully expect to be not back to normal until the fall and so that would help and and and maybe even next year when some people say it's going to be for fine dining not till twenty twenty five but it would just enable the the business people and I don't know that I'm smart but I have managed to hang around in this industry for thirty four and a half years but it would just allow some cash flow as we wait and work our **** off to get back to where we were before the pandemic hit excuse me for saying that but I will I will hold up over that but I'm not sure that were not being more harmful than we're being helpful I appreciate the idea but thank you. Thank you. Members anymore questions for respect the respect thank you for coming in the we appreciate as a seventy one year business family business this year that is thank referred better we're we're. He. You have to just day to day there's nothing that's not that's not affected so I appreciation for what you're talking about thank measure your entry thank you thank you all right the member with three more for next fall during the event that you're recognized to. In the table please state your name and for the record and and you're recognized speak. Thank you Mr chair members of the committee Paul Goehring Arkansas department of finance administration. DFAS signed up to speak against Senate bill four seventy nine for the sales tax delay issue only DFA certainly understands and recognizes that the restaurant industry is one of the most hardest hit industries as a result of the COVID nineteen pandemic and they also continue to be affected by the pandemic as well for the immediate near future. as it's been discussed this bill permits restaurants to be able to collect and remit their sales taxes on a quarterly basis as opposed to the the monthly review remittance of sales tax we have in our current law. At this bill would be effective through collections through February of two thousand twenty two as it's been talked about in the prior prior questions of the committee sales taxes are collected by the holder of the sales and use tax permit by the business and those those funds are held in trust by the business so it to be remitted back to the state they're not the the property of the business they're not to be used to pay the operating expenses of the business the business even though as Senator Clark pointed out they they do get compensated but there may be some believe that the business is actually expenses for being the collection agent may not appropriately cover those expenses of the business. But the main point is that this is a a tax that's held in trust. And So. Once the taxes are cut collected and remitted by the business they are then amid the following month which are deposited into the state treasury and then also not only the state sales taxes distributed as according to our law but the city and the local sales taxes are also and distributed to the cities and counties now for purposes of this state how this bill is drafted we don't have a revenue shift from FY twenty two to F. for I'm sorry for FY twenty one to FY twenty two for purposes of the state budget but what you would have is that the city and county local sales taxes that the small governments depend upon this would affected their funding stream when they receive their distributions of the city and county sales taxes from the restaurants no we don't know exactly how much that would affect those city and county distributions but we do know there are approximately fifty seven hundred restaurants that are registered to collect sales and use tax within the state of Arkansas within our tax system so we can't say exactly what how that would affect those cities and counties budgets on their distribution but we know it would be it would have an effect it would not be quantifiable intellect if this bill were to become law and we can see exactly how much is being delayed to the cities and counties we'd be happy to answer any questions about that issue or the the fiscal impact statement general committee you have a question for Mr. Not saying question thank you Mr from being here thank you Mr next we have done DO getting. You go the other table recognize your self and you're recognized speak. Good morning my name is don Dugan we own to conspire of the disease tipsy bistro and south on main and Stratton's market. we. Clark reach out NASA firewood to come testify I think the one part of the bill that I was super excited about we just struck so. That's out I do get the idea though of interfering with with you know private businesses and and being able to negotiate but there really is no negotiation with those guys they're like well this is what we do so that's what you have so. that being said outdoor dining I think is a real easy thing for you guys to say yes to it's an easy thing for everybody to see us to at south on main we create a whole back patio area that wasn't there before it do is I can tell you that our patio is busy I mean we've got it socially distanced but it's it's full of same it disease Tesco's. You know people feel more comfortable being out in part it people feel more comfortable being outside. and I think that as things go on you'll see. That people do feel a lot more comfortable being outdoors and so that'll be a really easy part of this thing to say yes to. the sales tax portion of this wild yes we are. Nearly holders of the state's money there are plenty of restaurants such as myself and I'm just as guilty of of. Doing exactly what I'm Italian I've done I have use the moneys operating capital I have had to do that so and especially during these times suddenly it's comes time for the sales tax and then. You know somebody had an outbreak so we have to we have quarantine because for five days I've got payroll coming in three days well to a pay sales tax or do I keep people you know because if you don't pay people guess what they're not coming tomorrow. And as a restaurateur that's a difficult fact so it's like well do you delay the state or do you try to tell a payroll for these guys or do you try to delay the electric bill electric companies not allegedly that either. You know gas counties not eligibility water companies I don't want to delay trash pickup needs to happen there's lots of expenses that we have in yes no we're not supposed to use that as operating capital but in all reality every single restaurant in this town corporate or otherwise does that so. So would you want but as an independent restaurant operators sometimes it's necessary and yes sometimes you have to borrow from this one to pay that one to get that bill with support go ahead and you know take the penalty on the next month or in the next week it's and be late now that being said just put your mind at ease everything up mailed yesterday. So last month. In all honesty I can see where you guys would have an issue with that and there are some there are some issues were you know some businesses are gonna get caught behind and they just can't get out I understand that that's a possibility but for the rest of us that are trying to do the right things and trying to be responsible and you know to have an ability to be able to get things caught back up that would be a nice. It would be nice to be able to have that ability to do that. Some questions German letters we have questions for Mister Dugan Committee. Not thank you for this transmission doing that you being here this morning thank you. The last we have signed up to speak is all covered you're recognized within table recognized still. Thank you minimize Paul Calvert so I saw this bill so I guess it was a couple days ago and I I asked Senator Tucker to come on the radio with us Monday mornings we talk to talk about and the issue about the the cap was essentially all the only thing that any of us on the radio really had any problem with and so it's gone now but. I I do I do see what Sir Clark point is with the sales tax and I don't have a problem with that being extent I don't really care when they collected but if it is going to lead restaurants restaurant owners to use that as a short term loan that's tax fraud if I understand correctly miss I'm if I'm if I borrow money that some of someone that belongs to someone else and I use it for investment purposes or business purposes that's a form of tax fraud I think maybe I don't know the definition but I think that's what it but I I don't have a problem with that but now that we've amended it. I think it violates Arkansas constitution article five section twenty one there's no law shall be passed except by bill and No bill shall be altered so so altered or amended on its passage to either House as to change it to reserve regional purpose I think we've changes original purpose I mean sorry but I think that the appropriate approach if we're going to fall the Arkansas constitution is to make a new bill name I appreciate your patience. Committee any questions risk our. Thank you for being here register thank you there's just a minute US senator chairman and I have a question for Mr during if he could come back at the proper time whenever it's appropriate. Mr if you go then the table and you know. Senator John you're recognized to address Mr. Thank you Mr chairman of. Mr gearing of. We're all familiar with the process those of us that had to do it of the remitting sales tax it's every month if you get it in by the twentieth you you save a little money and But correct me if I'm wrong not all permit holders have to pay monthly is that not correct. We do have some quarterly filers so they're both quarterly filers and I believe there's also annual filers if they're small enough and it's I presume that the department makes a decision of it's too much trouble to process your you know twenty eight cent return every month what you just file annually or quarterly is that true that that's true and the issue is that you'll have some businesses that have such small collections that it would be prohibitive to comply to send in a set a small remission of sales tax and we do permit them to report quarterly on on the annual. We do also have annual reporting for sales tax as well It for those types of circumstances and it would also. Cost of the FNA more you it costs that Clark the same amount to do a. Two thousand four thousand dollar monthly remission is it would that the twenty eight cents from the tiny little businesses that corrects their for that employee probably cost the state more an hourly rate it did it was received in taxes that possible it's it's certainly with course we prefer taxpayers to file electronically if you are a tap system which is the the minimal cost to DFA but certainly if the taxpayer is going to send in returns that are on paper and then it would be would require more administrative costs to process returns on a monthly basis than it would due process quarterly I think you're making my point Mr hearing that there are taxpayers that's today that pay quarterly rather than in monthly that's correct thank you thank you for clarifying that Sir thank you Mr okay we have Senator Clark here the next I just remind Committee which appear on this for an hour or so of the graph of the. I have of March the question is I didn't see the municipal eager Arkansas association of counties such fun on this bill and you mentioned a very important point that on because some localities depend a great deal on sales tax so you have not heard from them either they have a position on this bill I have not received any information from cities or counties on their position correct. And I'm not seeing them take a position now so all right thank you. Thank you Sir. Okay members anymore questions. We've heard from all the witnesses signed up Senator Clark when you to quote for. Yes thank you Mr I'll be brief I think we're good on the constitutional crime because the purpose of the act is to provide relief for restaurants and that's still what we're doing the act title subtitle which change with the amendment so I think we're clear Mr callers concerns I think with the main discussions about sales tax and I think Senator Johnson made an outstanding point that we do have taxpayers right now to pay on quarterly and annual an annual basis and I did have several conversations with the FNA about this bill I'm amended the bill before today based on those conversations the conversations were not with Mr hearing for the record but I didn't actually learn about DFA's opposition to the bill until we are in the committee room today. So I want to make sure the committee is aware of that as well but you know just to close with where I started restaurants as we all know it been hit very hard during the last year and I just want to do a little something to to help bring amount of of the suffering that they've had as a result of the pandemic so I appreciate your time I appreciate a good vote. Okay members of what will of the committee for Senate bill four seventy nine as amended. Senator Flippo. Do pass Senator Clark your second all in favor aye. Supposed. Congratulations senator Clark you bet your bill thank you Mr thank you members. Senator Blake Johnson you're next on the agenda. Senate bill five forty eight. You that you have an amendment to get Johnson yes Sir all right. You would explain the amendment amendment just strikes out the possibility of the ordinance changing these appearance fees. I'd like to adopt the minute we are at the moment we have a motion to adopt the amendment second any discussion. All of favour say aye I Mark you're recognized to present your bill members this this bill this helps those incorporated towns and cities of the second class to be able to delivery volunteer fire department news and with a majority petition from the last year election those those who voted in the last year election the majority of those folks have together that the dentist is going to petition to to do that. That's the that's the bill thank you John you pull it might just a little closer. Thank you Sir. Part. Any questions from committee. Anyone in the audience would like to speak for against the bill. Anyone likes to speak on the bill. Saying none Senator Johnson you close for you yes Sir Preciado Eurochart. We have a motion to pass as amended as amended and a second Senator Flippo any discussion. All those in favor say aye. All opposed. Resolution center Johnson you. Senate bill five forty eight passed. Mr chairman. Would be possible move center Chesterfield bill to the bottom of the business agenda. Not only would it would be possible but. Removed should enter Chesterfield you're recognized. Thank you Mr chair ladies and gentleman of the the city county local committee this is an act to amend the law concerning warehouse facilities a municipal port authorities it is basically a little rock bill it could be applicable to the other ports but it is basically a little rock bill and it would allow the Port Authority to utilize what you are least the leasing a warehouse facilities in terms that are customary and usual in the commercial warehousing industry and its that simple or that complex my colleague in the house it was the original sponsors happy to answer any questions and people from the Port Authority are to if there are questions. March Beaverton explanation of the bill are there any questions. Senator Clark you're recognized. It looks fairly straightforward but if you could give a. sixty second. Of explanation for dummies. Yes so the Port Authority reached out to me basically if a business wants to come and have the Port Authority bill them a building or lease a building built building they have to do a public bidding process this amendment would change that so the business person can just have the bill them will build a warehouse or lease without going to the public bidding process. So what's the reason for that can can I get Clark still up here his plan better image. So if you want to come up recognize yourself for the record. You're recognized. Thank you Mr chairman hi my name is mark Stodola I'm an attorney with the barber law firm and I represent the Port Authority the Senator Clark a good question what this bill does the very first portion of it is just basically a much more direct way of saying what's already in the law in fourteen one eighty six two oh eight which says that if the board authority has warehouses in there using a management company like call years or somebody like that to me to mandated to lease these out they've got to go in publicly bid that the second portion of the bill which is on the second page really it online seven deals with the situation that we had recently which this was very arcane an antiquated based on the bomb lawyers analysis of what was happening we had a national company come and want the Port Authority to build a building forty forty thousand square foot building for two hundred employers and they were willing to they're willing to lease it back from the court an eight percent interest with that being reversion reversion over to the city in fifteen years in doing the bond working mom or said well wait a minute we've got this line here that says that even though we're doing this specifically for you we still have to bid it out to somebody else that might want and so that what this does is eliminates that situation where the where the Port Authority or any municipal Port Authority is building a building directly for I tenant and there's that that Port Authority tenet relationships there's not a necessity to publicly bid that out to somebody else. Thank you for the excellent. Art anymore anymore questions from committee members. Senator Solomon you're recognized so why would we do that what we gain by not getting. Well in this instance the company civil golly if if your billing it for us why do you have to bid out you know what you have to publicly bid out to somebody else I mean we're we're the ones that I've asked you to build the building for us we're willing to lease it back to you at a at a at a competitive rate which it was negotiated based on you know contractual relationship between the Port Authority and the company it just didn't make any sense for them to have to go out and then publicly offered to somebody else when they're actually the ones that are going to be the ones running it. And if you look line eight it says that it's already owns or plans to construct if we already only we should not have to be today. Is that correct. If we're billing it specifically for a ten a tenant that wants to come to the year would come to the Port Authority and then they have a an economic development project there's not a necessity for us to have to publicly bid of the building out so that to someone else. Yeah I guess you're describing my question. I'm. Thank you thank you Mr. Or any other any other questions from committee members. Are saying none it is there anyone in the audience that would like to speak for. Or against this bill. Saying no one search just filler you want to close I am close Mr R. J. good vote. Senator Clark. We have a motion to pass second senator Johnson education. All those in favor say aye. I'll close. Gradually Senator just feel. Thank you so much Mister cheering thank you members of the committee. Representive Watson. You will identify yourself recommend representative. You're recognized. Thank you Mr chair Senate colleagues. By the Arkansas association of counties. This legislation that millions. Twenty seven seventy two oh seven two delete the requirement for counties that received two million or more in highway road revenues which is highway turned back. In twenty six fifty eight one twenty four which is severance tax to file an annual report covering the use of these funds this delete set prior requirement this legislation was passed in special language it was supposed to be a one year report it was codified the year later. One is to the original sponsor of the special language this report goes to the L. R.. And no one ever looks at them all of which is our own Arkansas transparency dot org. All audit reports. League on its website this is a report that is not needed because of our budget transparency and legislative audit functions the public can still as for all of this at the county level so again this is a qualification to get in line with his already occurred if there's any questions. No questions push if I will vote. Anyone of committee any questions just basically just repealing of retail we have exactly chairman any disturbing questions from committee. Anyone in the audience would like to speak for against the bill. C. none we have a motion that you close for you bills represent what is chairman I am close president we have a motion to pass sent Flippo in second Senator Solomon. Any discussion all those in favor say aye All opposed graduations represent what. Senator Bledsoe. Okay. Senator Bledsoe I understand you have an amendment yes please if you wanna explain the amendment. I miss the chair of the amendment does a little clean up and then also delete some language and we'd like to a joint public so you may have Fite yeah you might remove your mask we can barely hear you thank you thank you the Amendment just delete some language and there's a little clean up in that as well but to we like for it to be adopted because if we bring this back up we will have that engrossed up but to. Today we're not going to ask for a vote of we just feel like the testimony for and against is very important because there are some issues and that we would like to. Get that out on the table and maybe they'll be some some work done on this particular issue and we could to go from there but I would like to. Just also made may I have the. Anyway go ahead German so if you if you explain the member we have a motion to adopt the amendment okay I have a second. To adopt the amendment. Art education. The members have been adopted follows favor. Our members been adopted. All right of ladies and gentleman. as a graduate of the university of Georgia with a degree in journalism I've always been an advocate for free press they are respectful of four year. so as I said we're not asking for a vote today the to we felt like that the testimony was very important we have a lot of people here that would like to to testify there are some issues and we hope that this would to bring those issues to the forefront and we would be able to maybe work later on on these issues are and and I have with me the two gentleman of if you would like to introduce yourselves. I'm George Spence I'm an attorney from Bentonville and I represent Benton county and its officials. Mark with more with association Arkansas counties in I wouldn't it with your permission Mister chair I'd like for Mr Spence to go first and tell a story of how we got here are Mr thank Mister Brett you're recognized to go in your testimony thank you Mr chairman and committee members I appreciate the opportunity to appear before you today I want to give you a little background how we. How we came up with this bill that senator Bledsoe has proposed I've been the. The county attorney for Benton county since two thousand nine and I've been representing public bodies for nearly thirty years. And in that guys I often times get asked to address matters regarding the freedom of information act. Or just any kind of request that comes in it sometimes it's from the media sometimes it's from individuals a lot of times in campaign season it comes from candidates. in two thousand seventeen I was contacted by our county coroner Daniel Oxford about a request he had received for records. that was all corners death reports of child fatalities persons under eighteen from the Benton county coroner's office for the period from January two thousand one two thousand twelve two January thirty one two thousand seventeen so a request for five years of records. And the corner expressed a lot of concern about that these are child fatalities. any death is sensitive but particularly in that kind of thing it is even more sensitive. And he consulted with me about what should it and what was required to be provided. in response to that request. I might mention that request did not come from a member it came from a member of the public who happened to be with with the the northwest Arkansas Democrat Gazette. So I consulted with him I did what I could to research the The what what the correct result should be and help him respond and in doing that research I looked at the freedom of information act. I looked at the special provision that is in the county law about what information is to be provided which is got some different standards I looked at what I could in the attorney general's opinions. And I provided in the best information I could about that and held him respond. there was some back and forth with the request during eventually we provided them something and the came aware that they were doing this not just in Benton county but in counties all over the state perhaps in every county in the state. Well that kind of fell into where I didn't have to think about it anymore until about March or April of last year in March or April of last year we started getting a lot of request to the coroner's office for information specifically because of COVID deaths. And once again the corner approached me and I I discussed it with him and it's a little bit different from child deaths but it's still of the nature where that information can be private in addition to being the counties or the other thing I do a lot of this probate work and because of that and just because I've been in the community a long time one of the first things I do every morning is open the newspaper and look at the obituaries. One of the things that I found over the years is it's not universal but a lot of the obituaries do not include anything about the cause of death they're all about the family. And so it just made me think that that's something people may not want disclose your may not one emphasized and I discussed this with the corner again though there requirements so we did our best to examine the freedom of information act the Committee the companion County provision the privacy act had to consider hippo requirements and how all those intersecting we did our best to provide a response and and got some back and forth in the course of this one of the things that I found is that there these requests were being made to corners not just in Benton county but all over the state and one of the problems was that the eight corners were responding in different ways there either for expediency or because their lawyer had a different view there are a lot of different kinds of responses and one of the experience I had is I felt like they were trying to play one corner off against the other will he provided this how come you're not providing it. So. And again we provided a lot of information and. I'll have to say the there's been some fabulous reporting on covid and that information a lot of that information needs to be available so that reporting can be done. So after that we started talking about what might be a way to simplify it in Benton county which is a. A county with some resources I'm not full time but I am essentially full time to advise our full time corner but in in other counties in this state you probably have a part time corner who's advised by a deputy prosecutor whose main concern is not freedom of information act it's the aggravated robbery or the murder he's dealing with. So the concept that we came up with was to provide a specific set of information that the corners would be required to provide in all cases just to have a road map for them to follow as far as what they had to do. In in so we sat back and we kind of thought about it and we decided to put that in the form of a bill. and one of the things I said from the beginning is if there needs to be something else that the legislature decides is more appropriate than the legislature can make that decision. What we're doing is trying to balance. Hey need to have information be. Public open information we're also trying to balance that against privacy the privacy of the of the family of the deceased. And also I'm also think there's a balance to be struck here about having consistency between the coroner's offices and completeness is just good government to make it where it's something that it's clear what they're supposed to do at least I think so that's where the road map that the ten bill came from and as I said I've kind of described how we've gotten to this point now I know there's there's some other aspects of the bill that Mr what more is going to have to address because they deal more with how this ties in with what the crime lab provides and what law enforcement's provided for so that's what I have to present I'll be happy to address any questions. I tell you what before we before we ask you a question mark if you want to go ahead and give her testimony that will have questions thank you Mr chairman Our sheriffs are law enforcement matter corners need your help and the one thing you all day to day is already laws and bills and when you look at the current law it basically says that during the corners of investigation all information is confidential under that fly. After the corners investigations concluded everything's released etcetera including medical information that's related to the cause of death included in the corner support everything's released except for other medical information is confidential and not subject in the report quoted so one problem that we have in addition we got two problems the privacy issue that Mr Spence's pointed out but as well the law enforcement issue. That is it stands today there's a exemption that the electric corners a custodian of their own record. And as it stands today. During a law enforcement investigation you can't get law enforcement records from law enforcement but by god you go to court or get him to the back door to get the corners records because you have to release everything after the corners investigations over other than the medical records are confidential when you've already laws everyday it's black and white and part of what we're trying to do is make sure that the corners information release does not premature or not released prior to law enforcement investigation and the same thing with the crime lab if you have for the crime lab they've got it we're trying to do just like the crime lab the crime lab law is only certain folks can get records from the crime lab the criminal defendant to the family but during an investigation that the law enforcement crime lab prosecutor doing you can't get that from the crime lab you can't get the corner support from crime or you can't get the crime lab information from combat during those investigations by god you can get in from the corner because as you can read right now read bills every day laws every day after the corners investigations over. That confidentiality that existed prior to the investigation once it's done everything has to be released except medical information that was not quoted to the report the villages because of that. So you've got a problem we've got a problem with training and disturbing investigations by the crime lab in by the law enforcement by prosecutors you've also got the idea of a fair trial. And so law enforcement is beg you to participate in solving this problem. Obviously the press wants all the information they get they love the law the way it is now. The second aspect is privacy. And we've got sheriff Bradley here to testify about the law enforcement issue we've got to present the corner Association sling county coroner Kevin Cleghorn and the privacy issues will tell you we deal with the family loss. We deal with it so do the of the chairs there's a privacy issue that we're asking to help deal with because everything is released. Every time. And we're asking to provide some privacy protection to your constituents. So please help us in that regard. That's all I. Mr cheer there are some of the witnesses. Like the sheriff and. May it may he come forward team yes my **** for Senator Clark questions referred to The of the did you work with the for the task force on this bill. Yes I presented the bill a month ago or so therefore your task force it was a draft. That provide the draft bill we've amended the bill now to be to talks was also met with members of the press so we did appear before with the original draft to we're in our second amendment after that. And they're good with the now they're gonna be here against they don't care about the the law enforcement aspect that I know of the run willing to change on that and they're not I let them talk about the privacy issue they're not good with bill with it okay all over some of the questions mature that all reserved for now. If you want to go indemnify the state for the record yes Sir Mr you're recognized Scott Bradley on the Director of the Arkansas sheriff's association and we're we're in support of this bill I mean he is you're going to hear some of the same things that Mr Whitmore talked about Please don't we're conducting investigation it could be a homicide could be murder could be a lot of just different things that cause of death. This is information in our investigation we don't release that until investigation is complete and we're happy release at that time but we don't need it out while we're conducting the investigation for obvious reasons it it could impede the investigation it could put information out that we don't need out at that particular time and I know you if you look at the for us our best case is going to be complete the crime lab investigation has to be complete with the prosecutors are not release anything less is investigations complete but when it gets to the corners. They have to release it and that could impede our investigations and that's that's the problem that we have with it so I mean I think you're Mr more talk about it also. Just information that we don't need out for fighting I can give an example if you would like me to just a real quick example if if someone's. Don't know stabbed with an icepick and and I die from that injury we may not want that information out there may be one there maybe word on the street that Hey I killed a guy from the witness box Kilgallon high speed was pretty good content yeah we know that's our guy we're going to look at we definitely want to talk to at that time. but by has that information. Many county MPs are investigation that's just one example there's a lot of different things that could happen so that that's why we're in support of it it's not that we don't want the information out we just is time sensitive we want to do our investigations first try to complete that hopefully make an arrest and do our jobs before that information's out I mean that's that's what we have. Senator I have a question. Yeah this further witness the would you agree that it would be we all know we work in a. The time constrained thing in the legislature you think it would be wise if you all could have sheriffs contact us before we walk in committee. The service center I sure have share of state ask us to vote for a bill that some don't even know what it is what I would hope that they did thank you get that information you know yes Sir sometimes it is sometimes it isn't it would help me dear from sheriff maybe a day before yes Sir and and be able to grab some more of the bill in in in feedback you know because I value of a US share Sam put but it's I like to know that they know what we're talking about thank you yes Sir Senator I'll make sure that happens in the future. Any. Sir Clark you have questions. I do Mr thank you. Sure this is. Of the say terrible timing. Of the vote. Of. You don't help but a city of the garland county coroner here who I trust with my bill fall semester of that being said I just contacted bureau list legislative research again this morning about the number of deaths in the United States last year. Let's number I used to could get by myself without a problem. We still have anything past September. that's bothersome to me. Of. The. I have a colleague. And close personal friend that was murdered. Of the investigation as far as I know is over yes Sir. Of the court cases over. I still owe anything. So I'm just cross. Because I was a senator yes Sir and I. One real time getting information so. A real hard time getting information so I want to be extremely clear what it is that were were holding and why we're holding it and how it's and how to fix any other case okay could you talk about the murder case fine but then again. When does that end when when when will that be right when could that be obtained by the public of. Because right now we've got problems at least at least from where I sit. Yes Sir I I and I do have I do appreciate that I think we're just for us again we're just trying to conduct our investigations do our job and again I don't know what the time frame isn't in your particular situation I don't know all the facts of that but so I couldn't comment on that but I do understand what you're telling me But for us it just seems like they're the only group that has releases information that can be permanent so that's why we're part of the conversation. Thank. Or any other any other questions. US senator Johnson. Thank you Mr chairman and thank you a response to Senator rice's comments I got a text from one of my shares the whole ago literally a few minutes ago and A. Sure Bradley. It just happened to be sure important okay A. I'm. I hear what you're saying. And as I told in response to him this is a tough call because it's really not about if it's when but I hear what you're saying about. We do our job and then we're through its public records of. We have fared completes that moment. A. Can I think many times if not a fast majority the times that's exactly how things work. But I also know that. The greatest safeguard. The people have is access to information. And then we've got representatives of the media here and they you know they say well I've got a vested interest I want to write a story now that one of the one right story they want to inform the public about what's going on and this is an issue that I recognize is complicated. But. It's something always been near and dear to my heart I have members a little kid. My dad talking to me about this because when he was on the Supreme Court he wrote an opinion this is when the secretary state wouldn't give out any information go up there on the second floor so I want to see such such not only short two years file cabinet there but no you can't see it I mean it was really silly looking at it in retrospect but that was the way things operate everything was closed until His opinion which said something to the effect of in one case the access of of the public to public records the denial of access to public records to the public is not conducive to the continuation of our form of government and it creates an imperial thing where the can can say you know you still have a right to see that and we we came up with a law later in follow up on his the supreme court's opinion that he wrote that said yes this is public and we laid out the ground rules of how to do it and courses been tweet through the years but. Any time this comes up. With a serious burden of proof on those that want to justify the change and I appreciate the hard work that the Senator Bledsoe does on this but there are times and like I said probably a very small percentage of those times where the fact that our friends in the media let the public know about something that's going on that. Insures that justice is done. Mmhm and so I'm I I everything you said I appreciate and can can I can understand how it might apply but I think about those cases where the last vanguard we've had against. Corruption against something that shouldn't be done at some some level it might it might be one police officer it might be one prosecutor yes it might be one deputy it's not there's a system of crooks out there but it could be one that could throw a monkey wrench in the wheels of justice so I'm. I'm open to considering this but is it it is right now I'm very very leery of moving forward with it and so I think I think the fact that's interested we're just now hearing about this from our shares is is example that this is not well thought out and and perhaps there's some middle ground I always encourage all parties to look at that but I am skeptical and I hope would you agree that. This is a complicated issue that is not a very black and white thank you yes Sir I can understand and I appreciate that now and I appreciate your comments I want to apologize to you again for the late fee not a tax that you guys are getting. It's we mental bill overloaded lately and I know you guys have we use our ancient time out but I have to take responsibility for that and I did send that out sometime back when it was a draft and I did not follow up on until this morning when I was scrambling around trying to figure out what we're going what we're doing so that's my that's me okay please forgive me if I ever do the same day yes Sir I do I'm sure you I want to say to you brought up the suspect in the city some of the situations we want to be fair to the suspects to so I think sometimes information leaks out a little bit early before we got our ducks in a row and maybe that's not fair to the suspect I mean so. I think you need to consider that too because sometimes that the septic comes out in the paper kind of points a certain direction which it is the fax but may after the investigation is complete may not be entirely you know we may have to go another direction an investigation so I think that needs to be thought out to. We appreciate no I'm not having a vote today Indian considered and I'm glad we're having this conversation I just want to come today and we do have an interest in this because again everyone else way so investigations complete except for the corners and and I don't I can't wait to learn to investigation complete and it worries us that information not get out prematurely I certainly don't want to hide anything from the press and other we just and we just wanna protect our investigations that's our concern. Our Mr Bradley you or he's you finished yes Sir. Central to give some serious Mr chair we have someone else that can possibly answer some of those questions would you introduce yourself what are you Mr Spence no we've already heard from Mr Spence and Mister of if you want to go indemnify yourself for the record you're recognized wouldn't testify. Thank you Mr chairman ladies and gentleman my name is Kevin Cleghorn I am this link in the corner but I'm the president of the Arkansas State corners Association in reference to this my my primary goal for day to day is in this conversation is to talk to about the privacy aspect of this as Mr Spence testified earlier. I was one of the corners who receive the four years from from the the Democrat is that uh on the infant and child deaths spending five to six years also the COVID nineteen deaths four is we receive those as well as long as well as all seventy four other counties but and I have to I have to echo Mr Spence in the fact that the those the publications that came from those were were wonderful and publications and I've been in in communication with with the the reporters throughout this whole whole circumstance. We're we're we're having our we're having the biggest problem is with the privacy aspect to and I read and I respect I shares in our law enforcement we work very very closely with each other vote. As they're doing the victim the criminal investigation side of these deaths our office is the one that's doing the the medical and the the legal aspect of it determining the cause of death along with the with the crime lab in association with the crime lab and then the and in the manner of death and in doing that we spend a lot of time with these families we spent a lot of time with the the the grieving mothers the fathers to the children of of of the the situation that with depending on what the circumstances are you know as we as we or the faced with this for instance with the the infant child at the for yes as as stated earlier these are very sensitive cases if you've ever lost a child in your family you understand that We sit with these families and go over the reasons the calls in the manner of the death go over the autopsy reports for them and and and helping to help them through the grieving process and when we got the when we got the four year you know the first thing we did was contact our county attorney our county attorney advised us that you know there's there's seventy five counties seventy five corners the seventy five different interpretations from the legal their their legal representations of what we're going to release so. My county attorney advised me because they're minors go ahead and release the names of the the parents and so forth when we did that you know I have an obligation as a as an elected official in my county and the that are dealing with these families my office reached out to the families that we've dealt with over the past and we talk to them and let them know. This may be happen I don't know what this is all about we've we received a four year we're having we are releasing the reports of your child's death. I can't tell you how many families. We're absolutely devastated by the news that that the media was going to find out about their debts not that that the record is sealed it to it's open it's public record. But their privacy. Was violated in their eyes. So I'm sitting there with these mothers of and and father's talking to them on the phone about this And when they're devastated I sit with mothers fathers children of opioid or whether it's opioids or methamphetamines or whatever the kind of drugs that that we're dealing with in our in our nation we are nations have a problem with that and and. Each one of those as I'm going through this toxicology as I'm going through this autopsy report are begging and and I'm not gonna say every single one of them but the numbers are countless that bad guys can we please just feel that I don't want anybody to get that well my answer is no because it's a public record. The calls in the manner of death is going to be released the decedent's name is going to be released and it's the same with the covert information I mean though that that information is is public record and. You know we as corners we understand the need for the for the for yes we understand the need for community education that is important because that's how we fix problems that we have in our community but at the same time you know we we agree there needs to be transparency of our of our public officials we also need and we also believe that there needs to be a balance between that transparency in the privacy and that's the prize the of the next of kin you know we. We have a as the president of the quarters association they all contact us when they start getting for this whether it be from our our press or whether it be from attorneys that are that are looking for we we we column ambulance chasers or they're looking for they may be the the just the general public you know these these communities these call order of the scores across the state they call our office they call the corners Association wanting to know okay what can we lease what what do we not release and well because there are seventy five different interpretations you know we always refer them back to their county attorneys may talk with them. What we're looking for is a road map Senate bill five sixty seven and provides just that it it tells these corners exactly you know what we are going to release what we're not going to release which now I mean which which puts a. Which actually will put together more definition that that I believe is there now the statistical data and in these reports that's being released all we're really looking to reduce it to them to protect is that next of cans information the the the actual next of kin and the their privacy. You know that's what we're trying to protect we're not trying to stop for is we're not trying to to limit anyone's information as to a calls and manner of the death or who they were it's being released in the in the obituaries as as Mr Spence alluded to earlier than the name of the and and the age and the the location of the death as you're reading five sixty seven it tells you everything that that's going to be released and and. That's that's pretty much everything in that information gives all the statistical data. For these for these reports to come out it gives the COVID information it gives the calls of death it gives the manner of the death it gives who they are where the death occurred. And and you know and and another aspect of it. It just clears up. Confusion all across our state from the seventy four other corners that that we're dealing with so I ask I ask that you help us create that road map and that's what this that's what this dialogue is all about today is is creating that road map and protecting the prefer the privacy of of the next of kin that's. Okay committee members are there any questions. Not so any questions thank you for your testimony thank you Mr chairman thank you ladies and gentleman. A. A committee so and Five signed up against first is Alec gains Mister chair. You're recognized yes with your discretion of. May I withdraw this bill I mean it's it's fun to hear against and if that's what the committee would like to hear but as far as I'm concerned is the. Senate sponsor of this bill a this is I think it's obvious that it's not going anywhere but maybe there's a chance for some amendments later. so that we the press could understand the hardship that the of corners are under and the maybe they might have some suggestions as to how to meet in the middle to give them the information they need but not to invade the privacy of those who are hurting as well and Senator Bledsoe at your discretion and without objection we will allow you to withdraw the bill all right thank you so much presenting day thank all those who came to testify. Okay Senator Johnson you have SP five fifty for this B. five eighty one would you like present one or both. Okay if you go to the end of the table. And. Senator Johnson as you set out I believe you have an amendment for five fifty four is that correct. Yes yes we'll pass that out to committee. Okay so you do have excuse me I didn't see that before. So Senate bill five eight four you're recognized chairman I move the adoption amendments I have a motion and adoption of amendment second by Senator Flippo center Josh you're recognized president. Okay give me. All those in favor of adopting amendment that. Your post man missed out you're recognized center thank you. Its chairman. A this is a bill that Has to do with the. The treatment of an alcoholic beverage that frankly I don't even know existed until this this issue was brought before me. Of. It's called a ready to drink product containing spiritus liquor with an alcohol content no greater than fifteen percent alcohol by weight The purpose of this bill is to to clarify who distributes it wholesale data I wanna make sure I don't step on the right I'm looking for it. The director of A. B. C. make sure I get the terminology right I know she'll help me out on that but this allows distributors to sell through both it can be a liquor distributor it could be a beer. Distributor and because it's kind of a. In between product and now the amendment makes clear that there's not dual distributor ships up missed chambers that basically what and this is amendment that A. B. C. ask for so is it clear that up then Director Chandler thank you if you need to come testify on that fine but I I think we all agree it was something that they wanted to make sure I was clear so this is just a method to Sell this new product in a manner that clear and understood to everyone involved I'll be happy to have some witnesses here that can help us straighten that out including folks from the wholesale beer distributors association and others that have some businesses that can help answer questions I don't want to if the committees presuppose maybe let this thing out that I want complicated anymore and I have to but that's basically the bill is just to this new kind of in between product can be distributed to both placed flowers do you have any questions before witnesses come up questions Senator Johnson if not we have Nick Makris. If you're here if you come to the end of the table. A please identify yourself and who you're with you're recognized to present. Your. Turn your microphone place. But there we go. The hi Nick Macri's within K. distributors pine bluff I'm also a member of the wholesale beer distributors of Arkansas the this bill came about because of an issue that's somewhat recent in that be your suppliers have begun to manufacture ready to drink cocktails and and based on the the laws as they are right now beer distributors some beer distributors are not able to. Kerry those products that they're beer suppliers are beginning to manufacture Your people I like to consider a simple we like to keep things simple and the intent of this bill was to keep it simple Up until this bill there's basically three broad categories of alcoholic beverages you've got beer wine and spirits. The spirits definition as it's written right now Contains alcohol by weight of twenty one percent or greater. What we're proposing is that uh ready to drink becomes a a sub category if you will of Beverages that contain alcohol by weight of up to feet up to fifteen percent. That are also spirit based not wine base but spirit based. This bill allows for beer distributors be able to carry the product under their current beer license and it allows for manufacturers to register the brands in in one of two ways the the way that it is now on a statewide basis for opening it up to a county by county assignment. We have worked with the other interested parties as senator Johnson mentioned we we had some amendments that that were made we had amendment that was made based on some feedback from other parties including the the ABC The ABC is going to be allowed to create the rules that help guide this the this new process registration assignment that sort of thing and we've also delayed the effective date of these rules and till July first of twenty twenty two to make sure that there's print plenty of time to get this get this done correctly we we appreciate any and all support that you would give us for this bill Senate bill five five four be happy to answer any questions members you have a question for the sport. Does any questions thank you for coming to testify today thank you we next have Robbie Vogel. You come to the in the table and recognize yourself. Good morning thank you all for. Your time at this time due to the menu you will recognize yourself yes Sir hi my name's Robbie vocal I'm a wholesale alcohol. Member at this time to the amendment that was made or not have any objections. Thank you. any other questions committee. Vote Senator Justin you're recognized. Thank you Mr chairman I think we the it the interested parties of recent accommodation and and the Director Chandler is signed off on what we're doing here I think the fact that there's a extended period time for rule making and tying up loose ends I think it makes it even better bill so I would appreciate a good vote and I would move do pass as amended Senator Johnson has moved do pass I have a second. Second all in favor aye. Posed congratulations senator Johnson you passed your bill. You do you want to present to the. this be. Five eight one. We appreciate again they those who come to testify. Thank you Mr chairman of Senate bill five eighty one is probably the simplest I've ever introduced the Senate. it basically says if we add to the list of people who can solemnize marriages we add. Former mayor of a city of the first or second class who served at least five years as a mayor we already do that with judges and some other officials and and we would literally I've had a couple mayors is Hey would like to continue to do that I thought anything that encourages marriage is a good thing and so and lot of people are honored to have the former mayor who's their friend perform ceremony so that's all the bill does And I'd be glad to answer any questions. Questions from committee Senator Clark. Are you carrying this bill for Keith Ingram no Sir. Is it going to look Keith Ingram to performers probably so sent. Maybe try to get amended in plates for it if they ever served in the legislature that. I hope that was a facetious question Sir Clark. Any other questions from the committee. Anyone who speak for against the bill. If not senator Johns your regular clothes Mr chairman and move do pass do pass from senator Johnson the second by Senator Flippo all in favor aye. Opposed congratulations your to for to you today. Not seeing any other mistake