City, County & Local Affairs Committee- House

The Fredrick Love representative dishes twenty nine. Committee Senate bill three eighty six as I said before when we pass it out I was going to go ahead amended. This is amendment from eighty Q. will put it on the bill and I appreciate a good vote. Okay any questions on the amendment. I have a motion to adopt. Any discussion. Close for your men I'm close from my amendment okay all in favor say aye. Those opposed say no. You may present your bill now all right committee engine known this was a bill that was taking care of our water systems I don't want to go back to the bill but if you have any questions or concerns please let me know we did do that amendment that we just adopted to and the address the waste water concerns from eighty Q. how women and eighty Q. out the bill and so I think Mr chairman it is now a perfect meal. Okay. Yes Sir I'm ready for any questions. For. Per se I. Thank you Mr thank you Committee. I was told to keep the queen and I Rev bro would you would you please identify yourself for the record in your gas okay also I'm Harlan Breaux US District ninety seven. Thank you Mr chair Blake Gary legal counsel the Arkansas municipally always privilege to be here you may proceed what I want to do today is talk about holiday island where I live just happens to be the newest eighty in Arkansas well they turned out of a group of citizens in Arkansas decided by election here doing corporation become a city mail they are entitled to turn back funds but of existing law requires office the state treasury to distribute germ that funds based on the population. According to the most recent United States Census numbers that the problem is. Arkansas won't have sent census numbers. From United States Census bureau until late fall. That's the problem right here. Well we want to solve that problem by doing that this bill solves this problem by allowing the state treasurer's office to use numbers generated by the experts it shall be Johnson's office over GIS. It do I have any questions or I'll I'll take that okay is there any questions. Represent Brian to recognized for a question a court October GIS how often is it's is it populated with the data that's entered in at the local level I'm sorry how often. that maybe a better question for selling. Shall we would you identify yourself record when you're seated. Good afternoon shall B. Johnson on the Director of the Arkansas geographic information systems office our our address data that we use comes from the Carroll County nine one one office in that rolls up through the county and our program we use that address data to look at where those addresses fall verses inside the new city boundary versus outside the city boundary and we use the twenty ten census blocks which are the only ones available right now with a population and we do a calculated allocation of population using the address date inside the city versus outside the city. Okay. Any other questions. Okay seeing none I I have signed up Mr Johnson I have you signed up to speak. Only if necessary okay. Okay and also I believe we have Jett creature from the okay. Okay is there anyone else here would like to speak for or against the bill. Seeing none not entertain a motion. I have a motion to pass do pass any discussion on the motion. Seeing none all in favor say aye. Those opposed say no congratulations you're patched your bill. Thank you him and thank you Committee all right now we will move to Senate bill four fifty four representative Cavenaugh. Please identify yourself for the record and you may proceed after that. Thank you Mr chair Fran Cavenaugh represented the. Or district sixty this bill is just a very simple bill that allows the municipal sewer systems to have the same meeting threshold as municipalities do and if you'll notice it marks out the twenty thousand it just goes in and references the statute for municipality threshold so that way when the municipality changes there's will automatically change and not have to be redone and that's really all the states. Any questions. Seeing no questions is there anyone the audience that will speak for this bill or against this bill. Seeing none would you like to close for your bill I'm closing I make a motion to pass I have a motion to pass any discussion on the motion. Seeing none all in favor say aye. Those opposed say no resolution you passed your bill. Riveted a representative mix we can take over here please. Okay. Representative five you're recognized president. Senate bill. Forty six fifty six okay Mister may I may I have someone join me at the table judge or when yes at. The identify yourself I don't know if the judge Judy was coming up here or not but. I am Lanny Fite and state representative district twenty three. Duggar one Lonoke county judge and Legislative chair for the loan for the County judges social ation. Okay but represent bike you can present your bill okay thank you Mr. This bill right here is a combination of city and and county and it has to do with commodities it is a race in the commodity just from twenty thousand the bid list from twenty thousand to thirty five thousand the thing that makes this motion unique as we've been after this for years as we put the CPI and the us and once we put the CPI in this we should never have to come back on this again and it's it's historically it's always been low and difficult in which to get bids at the lower rate and save the CPI will be you figured every five years and the the FNA will figure that in the I will be the ones that will put that out to the of the legislative audit and also to the cities and the counties. Of. Judge would you like to thank. Well I think it's been at least fourteen years possibly sixteen years since it's been addressed of the limit is twenty thousand currently and we're asking to raise it to To a thirty five it's obvious to everyone that the inflation rate just going out a couple items you know. Lumber has increased Ninety one percent in the last year is give me in the last twenty years and sixty three point seven percent just in the last year alone. steel it is increased about thirty percent thirty eight percent and in the last A ten years. And so we feel lack that. we certainly respect bid limits and and then there. We all want that in place. but it's hard is a is a representative Fite said to go out and get bids you know if you're looking at phone system of whatever and and lot of time is a time factor involved there you know the time that it takes to put it out for bed in and wait for to come back soon. any questions from committee. Seeing no questions from committee at. Represent have you have a question. you Mr Javid first less is in about an order used to just be signed up to speak for this bill. Speak against this bill. You can. Represent right you're recognized the. The New. Okay got got close to close for. Represented by yes because of your age closely bill yes I am thank you I will tell you I was county judge bill shall no sixteen years and one of the most difficult things when you're with your and local politics sometimes when that when that level is so low you'll you'll go out your bill two ten and it'll take two weeks in which there that you come back you have no bills or hi beds and it's it's virtually impossible to get something done quickly abridge for instance that the state comes in and lowers the rating on you want to repair it quickly as possible these things are very difficult with that very low ranging from twenty thousand with that I would like motion to pass out okay I have a motion to do pass in a discussion on the motion. Represent right. A missed opportunity for questions but since you're on the committee the. Page three line twenty three. commodities without soliciting bids and the subtitle but it's advanced emergency medical services provided by nonprofit propriety medicines requested by professional employee. Because the only one I thought what what instance would that apply. Well I will tell you this it's been in there long as I can remember but I don't know if an application I'll be or I'll be honest with you we may be able to get the association county up here or to a German can you answer that question right there. Well like I said I've been done there's a lot of verbiage in in some of this language that it has just been brought forward and like I said been in there for a long long time and the. I don't really recall of the particular instance where that. Protect the question you're asking with with with apply. I will tell you this what what the city and and the the the municipal league and the association of counties of done they have blended both or laws together here to be more uniform I will tell you that. And the so. That is a new language in that part right there. I'll be honest with the I don't know but I will try to find that answer out for a put it on the floor okay. Any other discussion on the motion. All in favor motion say aye. All opposed a. Thank you Mr Abbott thank you bye you have passed your bill. Okay UP next is house bill sixteen thirty representative Maddox. To the. Yes it back down Okay. Sixteen thirty nine representative image which you. Twenty nine okay. Is identify yourself for the record and you may proceed yeah. Good afternoon committee. I am state representative Denise Ennett district thirty six there are over fifteen public and private ports on the Arkansas River alone waterborne commerce in Arkansas contributes over one hundred million dollars every year to the state's economy and supports tens of thousands of jobs in local communities across the state. Ports and terminals in Arkansas provide unique opportunities for agriculture heavy industry manufacturing to locate and our expand their business interest in the state. Arkansas is unique in that it has five rivers that have potential for commerce navigation. Arkansas the Mississippi Washita white a rest rivers we are fortunate in this respect as commerce grows ports and terminals will play a more important role in attracting investments in growing jobs in Arkansas. Currently Arkansas Code section fourteen dash one a six dash two zero eight requires any warehouse owned by my and my sorry by a municipal. By a municipal ports. Port Authority to be bid out for use if a business prospect was to relocate or sorry was to approach to port to say that they would like for the portability warehouse does not easily allowed under the current legislation. In economic development activities everything starts out confidentially and most business prospects do not want to participate in a public bidding process. This amendment will allow a moment municipal port authority to build a warehouse for a tenant if they ask for the port to build in leased them building or warehouse. And this is my guest this is prime day he's the executive director of port of Little Rock here in Little Rock Mr chairman members of the committee if I might just real quickly give you a real life example as a representative in it to help me with this in the fall of twenty nineteen we were approached by a national company that wanted us to build them a forty thousand square foot warehouse they would have brought two hundred jobs to Little Rock we put out bids for architects for engineers and for bond counsel to fund the project and as bond counsel is reviewing the law they were found this statute that said oh wait a second you can't do this unless you bidded out we went back to the prospect we said Mr prospect I hate to tell you this but we have to bid this and the prospects said you know we're not really interested in doing that we're a national company and we haven't shared our plans with our stakeholders are shareholders and that's just not going to work and we lost that opportunity and so we would like to be able to if a prevent any public Port Authority in this state if we have a prospect that comes as it says would you build us a building we would like to be able to do that without having to bid it and that's that's essence what that bill does this bill does And we I would appreciate your support. Are you ready for questions representative questions. No no no. Okay. Seeing no questions of his or anybody we have to signed up to speak for this. Of Brian day that that's may thank you yes okay and also we have a March still law signed up. I'm good you're good okay invited will to speak against this. Seeing none. Up for you we have a motion and a representative Scott. I have a motion to pass any discussion on the motion. Would you like to close for your bill I'm closed okay we have a a do pass all in favor say aye. Those opposed say no congratulations you have thank you Committee. Okay. House Bill sixteen thirty representative Maddox. Not really. Would you please identify yourself for the record and also your guess yes thank you Mr chair appreciate you in the committee John Maddox representative district twenty I have with me a guest says Smith is the mayor of frankly one of the greatest cities in all of Arkansas second it. The mayor may and he's here with us today. Thank you. Committee members this is a this is a very very simple bill this bill is supported by the municipal league it is very straightforward currently the law is if you want to change water rates the city needs to have only one hearing but to change the sewer rates the city must have to hearings this bill changes the number of acquired hearings to change sewer rates to be consistent with the setting up water rates that is all this bill does and I would like to allow the the mayor to make a brief statement if that's okay may proceed. Thank you very much I just wanna say quarter rate increases retain several years ago to be allowed to increase annually on a nationally known percentage this consumer price index not to exceed a fixed percentage cursor rate increases are limited to variable cost increases in the previous year against prior year revenues what's the increase rates are determined there has to be a review of new rates by the governing body and boards then the new rates have to be presented to the public with the opportunity for review by the public for at least thirty days once the waiting period is over a public hearing must be held after the public meeting in the increased rates are adopted there's another thirty day waiting period before the rates can go into effect the main cause for treatment such as wastewater with the main cause for treatment of wastewater cannot be controlled typically increased incrementally each year such as electricity chemicals insurance repairs and maintenance an example of the process of December thirty first books closed January thirty first costs and revenue for the year calculated February fifteenth new rates based on new on prior year costs and revenue for the prior year determined February sixteenth new rates are presented to the water commission February seventeenth new rates presented to council February eighteenth new rates published in local paper March twentieth the public hearing is held March twentieth twenty if the rates are accepted in April twenty at the rates go into effect in a bill on May first. I'm done close with that. Thank you mayor I would just do it again reiterate Municipal League is in support of this bill there's no non opposition and I would appreciate a good vote. Okay and there's a member to. Okay what we need to do we have. Okay staff was wrong this time okay. All right do we have any questions. representative rye you're recognized for yes Sir representative John yes Sir with this situation I've seen. I've seen water rates go open a rule area without anyone knowing about it with this have any impact at all on the rule or. I would say no this will have any impact on what they're rate will be that would be my answer that's okay Sir that's that's okay thank you welcome. Okay any other questions. C. nine is there anyone in the audience will to speak against this bill. For this bill Maher you're signed up to you or you want to speak no Sir I'm done thank you okay. All right I'd entertain a motion. I have a motion do pass of would you like to close for your bill thanks again committee and I would appreciate a good vote okay any discussion on the motion. Seeing none all in favor say aye. Those opposed say no graduation you have passed a bill thank Mister thank committee okay we have a house bill sixteen forty two a representative under would we have an amendment. Of first and also we have an impact statement. Will be handed those out here just but will lead to second only get handed out. Okay representative Underwood will let you Senator amendment first if you would. I thank Mister thank committee yes I have an amendment base it's pretty simple line one page twenty nine I'm just changing from Housing Authority watched Housing Authority it shoes the air that one correct so. And I make a motion to adopt the amendment. Okay here's question noted. C. nine. I have a motion to accept the amendment all in favor say aye. As opposed say no you may present your bill as amended now Mr currently absent parents owe billions of unpaid child support nation wide and fewer than one in four single parent families on food stamps in Arkansas receive any amount of child support I can tell you that I did family law practice for a little while when I got a law school and nothing was more frustrating to me than a parent who is a single parent who would come in and wasn't getting child support had to pay attorney's fees to me had a court costs try to collect that child support and then you know ultimately you you're trying to collect money from somebody who wasn't paying anyway so it's hard to collect on that money so um this bill basically tries to address that issue this bill would require child support cooperation in order to qualify for public housing so parents must if a really what its focus that are those parents are not paying their child support if they're going to get public housing they need to make their court ordered child support payments I'll give a few reasons why I think this is good policy and why we should pass this the child support helps reduce pop pop poverty typically single parents who did not receive child support have incomes that are thousands of dollars lower than what they should be and that means they're most likely gonna be input more like living in poverty single parent families enrolled in welfare welfare programs require less government assistance when they receive child support as well. Kansas actually adopted a child support cooperation requirements for parents on food stamps and child support collections increased by forty percent among those impacted by the program I know many of you and this my first term some of you out of here for this but in twenty nineteen Arkansas and committed a requirement that parents cooperate with the office of child support enforcement as a condition tele bill eligibility to participate in the food stamp program and then Arkansas also requires child support cooperation ink in the cash welfare program as well so I think Arkansas state this next that board by implementing this child support cooperation as well so that we can help many of these people are not receiving a child support and having to take any questions okay representative all we have a question. Yes thank you Mr chair representive Underwood I apologize for not catching this maybe when you were doing your amendment she do not also amend on Page one line thirty five you have Housing Authority wide should that authority why district there or is there a difference. I think that one. I wish I had a better answer for I think that one's fine if you think it make more sense to be public authority I'm happy to change that if so I'm just asking if and then you also have that same language over on page two. One three it might be something to consider but my real question sure. My real question is over on Page two line five ports as required compliance. How are you defining compliance of somebody is. Fifty percent compliant or do they have to be a hundred percent or can they be seventy five percent what what's your definition of compliance so to some extent we want to make sure that they have the the these housing doors have flexibility to put priority over people who are complying with their child support I think that's on page one there some some language about that so there is some flexibility for them to to put comply are some priority on those if you're behind my away I'm is this if you are behind in some way it at some point you're going to have to get compliance in order to continue to receive those benefits so it is to some extent trying to give them the ability to not just you know. Take people out or not field revise those benefits I want to give them access to help solve the problem follow up but I'm just court no one in here. I guess I'm bothered by the fact that I'm not against your bill necessarily but I'm just bothered by the fact that we don't know what the definition of compliance so in essence we're just going to leave that to each Housing Authority well I would say could know that is I'm sorry to cut you off and no no I would say the definition of compliances they need get caught up on their child support payments if they're behind on child support payments eventually in order for them to be compliant they need to make make those may be one hundred percent compliant Saudi I answer to what compliance means yes. Okay. Okay. Representative college recognized. Thank you I you know I think we all share the goal of people you know making their child support payments I wonder whether you think that this is going to improve people paying child support when if if we're taking away access to housing because I think that the research tends to share that housing stabilizes someone and makes them more able to make payments and do other things in their lives do you feel like what do you have any information to support the idea that this is going to actually improve compliance and child support payments being made will have so two research appreciate the question two responses to that one. You know how public housing there's only a certain amount of housing that's available so if we have a wait list of people who can be on and somebody's not making child support payments those people who are making child support payments should be should get priority over that and also on the other end the parent who should be receiving the child support and your rights if you have housing. That's a big quality of life issue rights can we help you stabilize that family but if that. Parent that single payer is not receiving their child support payments they're gonna have a hard time paying their bills and helping to provide for those children living there so you I think it damages both sides if they're not doing that so I think what we need to do is reward those people who are paying their child support paying it fully and we should prioritize them over those who are not following court orders and there's a process for not I mean if you are behind on your child support you should petition the court and ask the court for a change on that. Kate represent warn you're recognized. Thank you Mr. I really appreciate where you're going with this bill because of actually seen the mothers with children whose spouses office and living a separate life and not making the child support of. What. And and I'm asking sort of a side question here but. What's in place to force. Someone who's not making. Child support payments to make them because I see a lot of times where they just go off and live a different life. And Munster years ago by. And Family is without child support payments. Yeah will typically you know in my practice if somebody wasn't making child support payments and somebody to come in and ask for help it would require them to me filing a motion for contents and taking that the court and asking them you know ask court to be held in contempt of the maybe eventually garnishing their payments if you know what. But you know it's a lot of times what happen is we would. Serve them they wouldn't show up you're trying to track down where you can get money and so you know it's a pain in my and ultimately my client has to decide what I really want to take the risk on paying you in order to try to track that down may not yield anything so by the president question or follow up. So this is just another step. Against this is more people that you know where they are. Well that day be requesting public housing assistance okay all right thank you thank you representative Cavenaugh you're recognized. Thank you Mr I just wanna make sure I understand this doesn't just apply to those who are making child support this also applies to the single mother father whoever it is that should be receiving child support that they must be compliant to. That is true yes they are they are to cooperate as well however they have a lot more leniency I would say because under the law like for example if they're concerned about retaliation or something they can say I don't I don't wanna pursue that and that's good cause exception and they don't have to actually show any proof or anything in order to pursue that so there's a lot more leniency for them so really I would say although they are in this bill it's really focus that the people who are not making the child support payments right we're follow up Mr. Where is it in here that it talks that they have exceptions if they get because sometimes there are mothers that are trying to hide from abuse of. You know pre are spouses or boyfriends and for other reasons and sometimes I just really don't know where they're at that's that's a great question so it's actually on page one lines twenty four through twenty six like what I'm sorry twenty five to twenty eight it references the exemptions for good costs and so that section of the federal code is pretty lengthy but there's there's some provisions about that okay thank you thank the question okay representative Ryan you're recognized yes Sir Mr representive Underwood could you kind of paint a picture here let's just say that you got a a man it's not pay and child for what he's doing well and he wants to get into a place to to lay off that's what was mentioned here. What are the proper steps. That is you know that that you go through to actually make this enforced well I would say if you are you are you asking if he's asking for public housing yes well I would say that the public Housing Authority should say well you're not you're not if you're not paying a child support this is going to be they should have a requirement to make sure that you're caught up on your child support payments and if they're not if they're not paying their child support payments and they should not provide the public housing. Follow up yes Sir will will that put these folks in to check and make in a background check on these folks that are trying to to rent a apartment or whatever and chassis I'm not really sure about that question okay thank you Sir. Okay have the representative got for you're recognized. Thank you thank you Mr chair wanted to follow up a little bit on that response you had to representative Collins question because you talked about you wanted to reward individuals who applying for public housing who are caught up on their child support and so I am just wondering if maybe you know to his point about this may not actually help individuals pay their child support better if they're without housing and they're not having to seek housing that is not at a reduced rate or subsidize or have you pay more for housing and are not able to make child support payments are. Is is the point I guess the converse of reward which is to punish individuals who are behind on child support I wouldn't say that's to punish but what I would say is again we only have a limited amount of resources for public housing and so this is court ordered child support so that the judges determined that this is how much money you should be providing to support your children and like I mentioned earlier that single parent has those children still having to pay the bills for those children so you there there Bills aren't ending right so if if we only have a limited number of resources we should prioritize those people who are following their their court orders and are supporting their children and give them priority first thank you. Representative Dalby you're recognized. Thank you Mr chair on the fiscal impact statement says the data system development costs are approximately fifteen thousand dollars where's that money coming out of his budget. To be honest with you have I really don't know and I wish I get a better answer than ours rulership thank you. Okay representative Scott you're recognized for a question. Thank you. Thank you Mr chair I think I'm. My question is we just we're going through a pandemic a lot of people in Arkansas are struggling a lot of people are without work all of us get emails from people in our district that are about to be evicted they can't find work they're lining up to get food at food pantries normally people who would have to do this so how would that impact somebody like that who just this past year normally has been able to work but now paying child support might not be a priority because they don't have anywhere to stay. Well you know what I mean I'm just I'm just trying to I see like how if we put this in statute how does that impact somebody like that no I appreciate that you know I would say one I think supporting your children should always be a high priority you know obviously the single parents still having to provide for those children pay the bills every day for them and they might be in the same situation and they're not receiving child support so I would say so to someone who's in that situation. If they've had a material change in circumstances where they can't make their child support payments anymore they need to ask the court for a reduction in the child support payments that way they can continue to support their children based off of the proper means that they're that they're bringing in. Okay thank you. Any other questions you represent all you're recognized. Thank you Mr chair at I like the concept I like the idea I think it's of a good plan I'm concerned that we don't have a definition for what compliance is and that's pretty. Vague and subjective I mean you know that's just whoever sitting at the take an application would decide and that's that's not. You know maybe if you're in one town compliance a hundred percent but if you're over in another town comply might be fifty percent I'm just wondering would you be interested may be pulling this down and giving us the definition I think that would help my level of confidence in the bill sure I appreciate that I think that's I think that's a fair point if you want to if product definition I guess I'll add on and I'll just appropriate thing to do so you guys stop me if I'm if it's not if it's possible for me to amended on the Senate side of the happy to do that provided a definition and bring it to you guys so to do that I just don't want to be in a situation where committees are acting up we don't have time to to vote for. Represent Dalby you're recognized. I don't think you'll have time to be able to amended on the Senate side and get it to us it appears to be that you could and amend your bill here and we're meeting on Monday of next week and then Monday and Wednesday the next week and you have a quicker shot to get checked out but I'm afraid if you would wait this is my opinion I'm afraid if you would wait to amended on their end. You might not get it back. In time so and I think it's a good bill but I think that I'm I'm just uncomfortable not knowing what compliance means and I'm afraid it'll be just a patchwork when we want it to work. Well gestione it your bill you do whatever you want to do okay no I I different and R. I. D. O. one Saturday really appreciate feedback on that appreciate that the comment on trying definition of that so. All right any other questions. A representative right you're recognized yes representative of a grant totaling with without representative Carol on it and and I wish that you could somehow. Lay this out of the process of not letting that person ran rant I mean if you know the judge rules whether be some way to say step by step what this person and and the housing actually does where they get their information to not let that person stay. Okay thank you enter. Okay any other questions bill to committee. Seeing none is there anyone in the audience will speak against this bill. For this bill. Seeing none would you like to close for your bill yes I close my bill I'll say president Dalby I hate to do this I had to call my bill down but I respect for you and for the fact that you're you would be more comfortable from the definition of I'm gonna do that may bring that back as soon as I can and I appreciate you you give me the feedback so if if the committee allows me to I should say that yes if you're pulling the bill down in my correct if the committee permittee to L. S. okay. All right thank you thank you. All right up next is house bill sixteen ninety nine. Representative Watson. Please identify yourself for the record and you may proceed. Thank you Mr. State representative Danny Watson district three. Thank you Mr vice chair colleagues your two and three quarter mile into the five K. hang in there. it. Okay Hey this the this bill was brought to me house bill sixteen and I was brought to me by the Arkansas association of counties it reads to amend the Arkansas how we revenue distribution law and to amend the law concerning the distribution of highway revenue to county and city funds what in the world is it what does that mean these uncodified. this bill amends twenty seven twenty two oh seven F. two delete the requirement for counties that received two million or more in highway road revenues under twenty seven seventy two oh seven which is how we turned back and twenty six fifty eight one twenty four which is a severance tax to file an annual report concerning the use of the funds the legislation was passed in special language that was supposed to be a one year reports it was codified the the year later unbeknownst to the original sponsor of the special language this report goes to be L. R. and no one ever looks at them. All county budgets as you all know or on Arkansas transparency dot org all audit reports for on all legislative audit's website. This is a report that is not needed because of our budget transparency and legislative audit functions the public can still ask for any of this at the county level so as you can see all it does is codified gets as the line Any questions. I'm here. Representative Ryan you're recognized for a question representative and is this a good place but Dan you know we have had tremendous amount of problems with our turn back money that we have been sending to our cities that way of saying that was not spent properly and and this right here this will take care of that I believe that's that is the purpose of those services that thank you. Any other questions. Seeing none seen one in the audience will speak for or against this bill. Saying under your clothes for you Mr I am close as for a favorable vote okay I do entertain a motion. I have a motion do pass any discussion on the motion. C. none all in favor say aye those opposed say no. Congratulations you're patched your bill. All right up next we have house bill seventeen oh four representative Randy. And we have a handout that we're going to and so we wait just a moment. Okay thank you Mr chairman and thank you members of the committee I know it's been a long afternoon so I'll try to be brief this bill house bill seventeen No four provides any regulation such is the prohibition or taxing of various auxiliary containers occurs at the state level when we talk about auxiliary containers we're talking about things like UPS bags straws things that are businesses used to serve their customers the the reason that we would do this is to ensure that there's uniformity of commerce take take a grocery stores for example if we end up with some cities banning plastic bags some cities allowing plastic bags some cities allowing plastic bags but taxing and ten cents apiece some taxing on five cents apiece we're gonna end up with a very chaotic patchwork of regulatory climate for our businesses and if you think about our businesses especially the ones that operate statewide they buy these quantities in really large bill to take advantage of economies of scale okay so they want these regulations to be uniform in nature it they can't count on that then that's obviously something they can increase costs for consumers this type of uniformity in commerce is already in law and twenty four of our states every state that borders Arkansas with the exception of Louisiana already provides for uniformity of commerce in this in this nature and so that the I just think coming out of the pandemic we really ought to be focused on ways to get our economy moving again so folks have jobs they can go back to rather than looking for new ways to tax new ways to regulate new ways to make it more difficult to operate a business so I think this is a good bill I think it reduces government red tape improves our business climate and with that be happy to answer any questions. Just seeing no question okay representative Bryant you're recognized. This bill would only applies to containers and usage do you know of any other examples that cities are. Local authorities. Prohibited and Tax Sir do anything with I was as I was yeah I would say appreciate to question the most common instances that we see of this are bag bans taxes on bags also straws I know ever and how much everyone loves to drink out of paper straws but you know we see straw bans in some some localities around the country and in some places that you know they're done on a city by city basis but there's actually see Hawaii in California for example have statewide. bans on bags so you know I probably wouldn't support going in that direction but at least those states operate with the uniformity that you know businesses that operate in the states don't have a patchwork of regulation that that they have to deal with. Follows Mr yes so if if a business wanted to provide their own fee not the municipality no local government authority but of a business chooses to charge extra that's still prohibited I'm sorry I still. Still able to do that the not be affected by this bill sure sure yeah this bill doesn't include anything that would prohibit a private business from doing anything they want to with regard to these types of containers you know if if a business you know that it wants to be you know sustainable or or you know whatever the terminology that they want to brand themselves as is and I just don't want to use use these as a policy company policy totally prohibit are totally totally fine with doing that nothing in this bill would prohibit that. Okay representante you're recognized. Okay representative college does your hand okay. Thank you Mr chair so as I read this it says here that municipality or county shall not tax auxiliary containers so. Basically you know if you go to the grocery store you buy solo cups that would not be taxable so I would be concerned I guess about cities counties I mean that's going to roll their tax base even further than what what we done over the years and I also feel like we we need a fiscal impact statement on this man and I don't see one attached do you have a fiscal impact statement and if not would you be willing to get one for us I don't have a fiscal impact statement I'm not aware of any locality Arkansas is currently taxing plastic bags or any other auxiliary container for that matter so if no one is doing it then I don't I don't know how that would have any any impact follow up. Follow up well it's not his bags though I'm in the auxiliary container is defined as a backup package container bottle device or other packaging that is made out of all these types of materials you know so it's it's considerably broader and I do think I mean to me it's important I I don't know I can't speak for others but I think a fiscal impact statement would probably be warranted in my opinion on this before we can really know how it's going to impact the cities and counties so I would just requested sure I appreciate the question of respectfully disagree. The representative Cavenaugh. Thank you Mr chair do you know how many Callegari cities or counties in the state of Arkansas have enacted bans or taxes or anything like this do you know how many there are I'm not aware of any currently but I did do a search on the internet of nation wide and there's there's literally hundreds of cities and counties around the state that that do. This state or the no no in the nation in other states I'm not aware of any in Arkansas okay thank you. A representative right you're recognized for a question yes Sir representative right could this we are will this affect the price of the product that people are buying from the a grocer or. Whatever. Well I would say it it definitely will have an impact on the family's budget I mean if you if you go to the grocery store and you buy a week's worth of groceries you know it may take you fifteen are you know may take you ten or fifteen bags of groceries you know to the hall of all off your your groceries for that week so I can add you know a dollar dollar fifty two Bucks every trip to the grocery store every week for for a family and that adds up that's fifty Bucks a year or whatever it comes out to so to be quite. What expensive on a family. For a follow up yes know what I was speaking about representative brave do you think that they would have to pass that on to the consumer. well yeah I mean look at ultimately ultimately all taxes are paid by the consumer. You know the economists refer to that as as tax permitting I mean it every at every stage there's a if you have a state tax. L. tenet every stage of the of the business process the those taxes stack up and ultimately the consumers end up paying the price for that. Any other questions. Okay. Representative got for you're recognized. Thank you Mr chair just a quick when I understand the argument for uniformity with commerce but I think and one of that some of the feedback I've heard is that different cities have such different populations and and densities and therefore the impact of waste in their communities and therefore need the flexibility to be able to set their own ordinances about these types of materials can you speak to that and if you've heard any of those concerns and if if you think that uniformity is more important than the flexibility and local control especially in regards to waste yeah sure look at I think it's one of these situations where the pros just outweigh the cons you know the the minute the uniformity in commerce is important for you know it's not just grocery stores it's it's restaurant chains there's a lot of different types of businesses that use auxiliary containers I see a lot of you have auxiliary containers at your desk with you right now in the form of water bottles and so forth but you know look I would say There's a lot of ways to deal with disposal of waste and we ought to instead of instead of taxing and regulating you know we ought to be focused on modern waste management processes you know landfilling incineration recycling things like that. Any other questions. Seeing none of we have several people signed up of we have the environmental director from Faye bill Peter I will. I will mask your last name so would you please come to the table it and pronounce it for me. I appreciate you being here today. Absolutely hi my name is Peter nearing garden and environmental director for the city of Faye Advil in that role I oversee our nearly fourteen million enterprise fourteen million dollar a year enterprise utility that collects and processes all of the trash compost and recycling for eighty eight thousand residents in thirty eight hundred businesses in the city of a bill we believe there's some major unintended consequences in this bill and that it would threaten to disrupt a major port portion of our solid waste utility and likely disrupt that of others across the state of Arkansas the fatal recycling trash collections division one of the functions on that we do is the weekly collection of yard waste leaves limbs brush blast grass clippings etcetera for vehicles twenty thousand households in our city within process that material or compost facility internet back into a usable compost a soil amendment that we then sell back to our residents and landscape businesses and fundamental to the operation of that compost program that's been going on for over twenty plus years is the ability for the city to regulate that are residents place their yard waste in a compostable or biodegradable bag so that the bag and all of the organic contents in the back all of the yard waste that's in the bag may be composted at our facility if that bag is not compostable if it is made out of plastic or some other material that is not compostable that it that it threatens to both damage our equipment and hurt the marketability of our finished compost material would you want to buy compost from a supplier if it had been some plastic in it for your yard or for your garden. Last year the city of favour processed over seventy five hundred tons of yard waste at our facility and so that finished compost to twenty five hundred customers in the last ten years we've invested over two million dollars in our compost program for compost grinder our road Turner screener loader and a new three acre concrete pad the mixer composting process more efficient allowing plastic bags for compost and yard waste to go into as this bill would do would damage our equipment and affect the marketability of our finished compost. Again would you want to buy compost for your garden if it had bits of plastic in it. We're not alone many other cities across the state of Arkansas operate compost programs like ours Hot Springs Rogers Monticello Jacksonville little rock Conway for city Eldorado and others would all be impacted if this bill became law ask you to please vote no on this bill as it would have a negative impact and threaten the viability of our municipal complex program and that of others across the state of Arkansas thank you. Peter would you take some questions yes certainly like to a representative Bryant you're recognized for a question thank you thank you for being here I was just looking at your concerns which I would definitely share your concerns and I don't I don't know that those intent of the bill all that I represented ray speak to that but if it's designed for the consumption transportation or protection merchandise food or beverage I don't see how waste. But using for compost would would fit in do you think they fit and those. Categories because that they're not it's not merchandise it's trash you're not an either or drink it well we turned into a a product that we then resell to residents and businesses I think from our perspective we definitely have concerns that it is a merchandise and up a usable product are you know we recycle so you're. You're buying it from from your residence we're not buying it they pay us for the service we process that and then we sell it as a usable of commodity at the end of the compost process okay hello I wish to close out represent wrecked. Okay any other questions. If not we appreciate your testimony. now speaking for the bill does Steve good. You would identify yourself for the record the resident. Good afternoon Mr chairman members of the committee my name is Steve good I'm executive director for the Arkansas grocers and retail merchants association thank you for allowing me to speak to you today on this bill today all I'm not only represent the Arkansas grocers emergence Association and their five hundred plus stores across the state of Arkansas on forty thousand teammates but also speaking on behalf of the Arkansas or marketers they're eighteen hundred stores and twenty eight thousand teammates across the state and are also the Arkansas hospitality association and I apologize I don't have their number of restaurant locations are number of teammates. Importance of this bill is for our sociais Haitians and member members are are very simple uniformity will keep things equal throughout the state it gives us opportunity to balance scale for stores for companies that have stores in multiple locations it allows them to have policies that are the same throughout their company while also ensuring that the regulations that they're administrative management teams face are the same. Taxes OR bands that would be allowed by different municipalities would put an undue burden on those companies that employ our Kansans throughout the state. Someone earlier ask if there was any type of ban or tax that was that was in the State of Arkansas right now pre COVID there were at least two and possibly three cities that we're considering a tax on plastic bags and also you seen other other municipalities at least start discussions on some type of plastic bag bans. state level uniformity for auxiliary containers will limit the chaos of regulatory patchwork especially for companies that have stores located throughout the state no they're convenience store companies that have stores located in different towns across the state supermarkets that have towns our stores located in towns they're different throughout the state and they need to be able to work under the same set of laws throughout the state. Finally I'll close with this. While grocery stores and convenience stores have not been as adversely affected by COVID nineteen as our teammates are are are sister companies in the restaurant industry have we've certainly been affected but I would ask this committee and the legislature to please not penalise restaurants are not allow them to be penalized as they get ready to re open across the state and I ask you not to allow municipalities to put undue taxes or burdens on those restaurants as they get ready to start back into business serving our Kansas throughout the state. Be willing to take some questions yes Sir okay representante you're recognized. It may mention that some cities and counties were considering taxes are you aware of any city or county that's actually taxing these things right now no Sir there's not any to my knowledge currently no Sir thank you yes Sir any other questions. Seeing none we appreciate you thank you Mr members of the committee okay do we have anyone here that wants to speak against the bill. For the bill. Ugh ugh John Wilkerson if you would please come up and state your name and who you represent. John Wilkerson general counsel the Arkansas Municipal League. First so obviously from our perspective local control is finally poured in giving our city's ability to be flexible and and whatever instances very important I think the fact that no city has passed the taxes goods is a good show that we're not doing this thing that we're trying to fix that we're making with the I. think Mr good would consider the right decision so I'll keep allowing us to be flexible and have our ability to to maintain local control I'll also add that the the R. I really containers is really really broad and when when we have brought laws that that better this broad well as word about intended consequences and I think to pick up on the president of Collins point the taxation issue the way we read the bill is that if a local restaurant goes to Kroger Walmart to buy packages silo cuts the No set so the cops are they not we can't the city can't tax the solo cuts because they're used to for consumption transportation of merchant of beverage for use in food service facility a restaurant so it would impact the city's ability to it wouldn't impact the city's taxation base now I'm not sure that was the intent of the bill but that's the impact of the bill it would erode our tax base because it would prevent taxing on solo cups and styrofoam cups and bags and bottles and devices and all this other sort of stuff so that that's a major concern for us of course but the finally this would prohibit a citizen referendum to put to have an ordinance that would ban plastic bags of the citizen wanted it the citizens wanted and want to put on the ballot for ordinance this would preempt print that ability and I've said finally but never try somebody says that but finally. The idea behind local control that the city's make bad decisions the citizens will vote them out for making those bad decisions and so this is we believe is an over reach it has some I have I think it's unintended consequences are taxation based and we what we would have been municipally has voted that this afternoon to to oppose this bill. Okay we'll take some questions representative college you're recognized thank you actually have a question to the chair I I really think we need to see a fiscal impact statement on this and I think that I have the right to request said and it has to be brought by rule thirty eight Q. so I just wanted to formally request that issue that we get a fiscal impact before we put this up for final action. Okay. Okay all right I appreciate that Mister chair be happy to do that. Thank you for your time. Okay thank you. All right the represent Lowery was waiting on an amendment in my understanding he did not get that amendment so I think we're through for business for the day. Okay. This. Okay against is by Mike was not owned of I. S. representative Brady to pull the bill down and bring it back with the fiscal impact statement also it's it's not too late we're going to meet Monday but I suggest if you have a a bill right now you need to get it before the committee after we come back from spring break the target date is April the ninth the end this whether it happens or not I don't know but I would suggest if you have a bill in this committee make sure that you have with that