City, County & Local Affairs Committee- House
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Bills discussed (9)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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HB1264
Act 568
· 2 mentions in agenda, chapter
Matched: “AGENDA (Revised 3/9/2021 @ 9:39am.) ADDED HB1264 AND SB263 House Committee on City, County, and Local Affair…”
|
TO CREATE THE SMALL TOWN ECONOMIC DEVELOPMENT ACT. | Pilkington | Notification that HB1264 is now Act 568 |
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HB1416
Act 659
· 2 mentions in agenda, chapter
Matched: “…RNING BODY'S ATTORNEY TO ATTEND CERTAIN EXECUTIVE SESSIONS. HB1416 Underwood TO ENCOURAGE HOME-BASED ENTREPRENEURSHIP; AND TO…”
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TO ENCOURAGE HOME-BASED ENTREPRENEURSHIP; AND TO REMOVE UNNECESSARY BARRIERS TO WORKING FROM HOME. | Underwood | Notification that HB1416 is now Act 659 |
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HB1638
Act 411
· 2 mentions in agenda, chapter
Matched: “…HE EFFICIENT OPERATION OF THE 911 EMERGENCY SERVICE SYSTEM. HB1638 Fortner TO AMEND THE LAW REGARDING PROFESSIONAL DEVELOPMENT…”
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TO AMEND THE LAW REGARDING PROFESSIONAL DEVELOPMENT RECOGNITION PAYMENTS FOR COUNTY ASSESSORS AND THEIR EMPLOYEES; … | Fortner | Notification that HB1638 is now Act 411 |
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HB1639
· 2 mentions in agenda, chapter
Matched: “…ASSESSORS AND THEIR EMPLOYEES; AND TO DECLARE AN EMERGENCY. HB1639 Fortner TO AUTHORIZE EMPLOYEES AND INDEPENDENT CONTRACTORS…”
|
TO AUTHORIZE EMPLOYEES AND INDEPENDENT CONTRACTORS OF A COUNTY ASSESSOR’S OFFICE TO ENTER UPON AND … | Fortner | Died in Senate Committee at Sine Die adjournment. |
|
SB127
Act 380
· 2 mentions in agenda, chapter
Matched: “…P; AND TO REMOVE UNNECESSARY BARRIERS TO WORKING FROM HOME. SB127 J. English TO AMEND PROVISIONS OF THE ARKANSAS CODE TO ALLO…”
|
TO AMEND PROVISIONS OF THE ARKANSAS CODE TO ALLOW LIBRARIES TO ACCEPT DEBIT CARD AND … | J. English | Notification that SB127 is now Act 380 |
|
SB179
Act 382
· 2 mentions in agenda, chapter
Matched: “…OW LIBRARIES TO ACCEPT DEBIT CARD AND CREDIT CARD PAYMENTS. SB179 B. Johnson TO REQUIRE MAINTENANCE OF FIRE PROTECTION DISTRI…”
|
TO REQUIRE MAINTENANCE OF FIRE PROTECTION DISTRICT INFORMATION FOR THE EFFICIENT OPERATION OF THE 911 … | B. Johnson | Notification that SB179 is now Act 382 |
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SB263
Act 377
· 2 mentions in agenda, chapter
Matched: “AGENDA (Revised 3/9/2021 @ 9:39am.) ADDED HB1264 AND SB263 House Committee on City, County, and Local Affairs Wednesda…”
|
TO REGULATE THE ATTACHMENT OF SIGNS TO UTILITY POLES. | K. Hammer | Notification that SB263 is now Act 377 |
|
SB386
Act 605
· 2 mentions in chapter, agenda
Matched: “SB386 A. Clark TO AMEND THE LAW CONCERNING RETAIL WATER PROVIDERS…”
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TO AMEND THE LAW CONCERNING RETAIL WATER PROVIDERS AND RELATED SERVICE. | A. Clark | Notification that SB386 is now Act 605 |
|
HB1280
· 1 mention in chapter
Matched: “HB1280 Haak TO PERMIT AN EXECUTIVE SESSION UNDER THE FREEDOM OF IN…”
|
TO PERMIT AN EXECUTIVE SESSION UNDER THE FREEDOM OF INFORMATION ACT OF 1967 TO CONSIDER … | Haak | Died in Senate Committee at Sine Die adjournment. |
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The up for against the bill there's sign up sheet out to my right outside the door we ask that you sign up please. Of the willow start with house bill sixteen sixty four a representative Pilkington here. Okay we will pass over that the next bill will be sixteen twelve eight issues B. House Bill twelve eighty. Represent all.
Percy. Good afternoon chairman a committee my name is Delia Haak I'm not a representative of district ninety one. Thank you for hearing our bill again today and if it's a permit permission of the chairman I'd like to invite Mister Wilkerson from the municipal league to join me. That would be all right yes please identify yourself for the record if you would. John Wilkerson general counsel the Arkansas Municipal League.
You may remember this bill from some weeks ago now as the opportunity for economic opportunity for our local communities to talk in executive session about opportunities as they relate to the jobs opportunity act of twenty seventeen we really appreciate the feedback that we received on that day both from the committee members here and also from the for the task force and members of the coalition that came and
spoke we know it is the duty of a public servant to act for the benefit of the public but also to balance the process with the benefit of the outcome and that's what we are trying to do with this bill Mister Wilkerson is going to describe the changes that we addressed based on the concerns that were shared from the Committee and the forecast task force but we were very pleased in our discussion last Friday with the for your task force that they have endorsed the bill and approved it and we
appreciate that that's their statutory function the reason why they were set up in existence and we appreciate the endorsement of this bill as amended. Thank you so when they represent apart said we we took a lot from this committee of Offa Task Force Dr coalition not from a press and tried our best to craft a bill that balances the need for transparency but also is mindful of the need that we're we're looking to achieve here so with that in mind if the first main change is and this is
one of the big things with her we talk about the committee is limiting the the reason for the the executive session not just to economic development or investment opportunities I think with the two two words we've limited just to the jobs act and in fact we have limited to the jobs act and then said that the discussion is only you can only have a discussion executive session if you're discussing things are already protected under from for or you don't don't have to be released as already in the jobs act so upon Page two lines two through
seventeen a public discussion would give an advantage to competitors competitors our betters the discussion concerns records maintained by an economic development service provider the discussion concerns records maintained by the municipality about planning site location eccentric centers we we've we've used that verbatim from the protections that are already V. FOR exemptions are already in the jobs act on top of that we said that the we heard for I forgot who heard this from but we make sure that if an executive session is called notice of the intent intent to call an executive
session to discuss an economic Villefranche eight and the specific purpose of the executive session shall be published with the notice of the open public meeting so you can just walk in executive are considered council meeting and then just on the finance from going executive session people have to know that it's coming to have in an executive session under the agreement for an economic development purpose jobs act purpose I should say if the once the if exactly sessions called under this section if at the conclusion of the executive session I think we heard this representative Dalby
at the conclusion of an executive session discussion during the executive session shall be. Orally summarize of counsel an oral summary that oral summary will be reflected in the minutes of course there's no requirement that you disclose anything that's otherwise exempt from FY disclosure that you would talk about so the idea is that we have really we look at it really a lot of ways approach transparency bill because a lot of what we heard from over the course of the talks was that mayors are allowed into often go
councilman councilmember one by one no serial meetings no polling of course but to convey information and the idea is to allow free flow of information in this executive session but that now that one sits Hey well we know that it's coming we being a public no it's coming and once it's done the city has to go out orally summarize what happened and put it in the minute so our feeling is that this actually it encourages transparency and we were very proud of the work I'm very proud personally of being part of this
process I think this is a really good policy bill balances our need to have the obvious need for transparency and so with that I'll I'll close and obviously open for any questions. Okay questions. Yes representative Beatty you're recognized. I hear the word transparency but they were discussed in executive session so my question again is what would be more transparent
to the public and open discussion in a public meeting where the where the taxpayers can hear all the discussion points or an executive summary after the executive session I find a little insulting that you use the word transparency when you're just going to summarize a meeting that's not full and open to the public. Well the reason I use that term is because Because we heard from the the task force that the press the coalition that again these
meetings are happening one by one and so those discussions are being had a public either so the idea is that if you can allow this free flow of information and then have it will be summarized actually the press the public knows it's going to happen that is really summarized I think that in this I think the reason task force endorsed the bill is that then it actually leads to more transparency so that's the way we look at it that's the way that we will take it we took every consideration to take everything in consideration that's what we
planted it in a follow up I think last time the comments were made that this was going to make it more and each year to facilitate economic development projects in towns where if they were open discussions maybe a municipality or city would lose an economic development project so my question is. Do you know of any economic development project that's been discussed in open meeting and in a in a city. Where we've lost that opportunity because of full
disclosure and open discussions in public meetings I think it's the fact that we're not having the discussions at all so there's no economic development taking place in the state know someone saying at all what what I'm saying is that the I. what we're hearing from Texarkana from hot springs is that the inability to have this free flow of information is causing them to miss out economic development projects now there's no particular example that I can speak to because. These these situations are the information is supposed to be protected is not really getting
out of also the ideas that were not able to do what Texas Oklahoma Mississippi or Missouri are doing and so that's that's the fear but as far as what we've missed out on its it's hard to say because you've never had this to our disposal to see what else we can get. The question the do you have anybody from the for the task force here that can. speak to their agreement with this bill an endorsement of this bill. So but there are members of the
task force here they maybe see here to speak against it there the the majority of the members voted for it if you all need confirmation of that I did ask we received a letter from the coalition last time around but I have not received a letter from endorsing this bill from them but if I think there's Mr Turner's here and others that can verify that the that their vote was in favour to endorse the bill if you would like that verification from one of their members as opposed to myself and
Mister Wilkerson. I trust you on a billion statement I just wonder if there was anyone here today that would make those comments for or against the bill. Thank you. Okay representative Brian to recognized for a question. Thank you Mr chair with the full understanding that we we learned through experience at the time. I read ACT six eighty five of two thousand seventeen is very good read.
But I noticed something in this one that that we had the freedom of information act in place since nineteen sixty seven matures with the transformation changes as technology is as adapted. Why in two thousand seventeen did we reference for you understanding all of its provisions but only captured the intent of the files and not the open meeting dialogue in an why in that did we allow for third parties to get involved because I assume third parties is amended to basis not circumvent
the for you a bit allowed Avenue four four yet to be. Kept as an open meeting policy amid Rosa two part question why doesn't seventeen was at this address when we did we did assume an address for your concerns and why the third party involved. Also to the first one at least with the first amended settlement to. Markes my boss was the one that workers Senator Hendren on the on the the jobs act is actually called a haze interactives Marquesan jim Hendren Senator Hendren but ever but the jobs
act I don't know exactly why but I know that that as you can tell having you know an executive sessions have you live so perhaps they just thought which is get the documents out there is we don't have to disclose the documents and they may not be a thought about having executive session if they did they knew obviously would be have you live so I don't know the specifics of what that would be not just kind of gas and as far as a third party involvement I'm not quite sure I and I tracked the question I'm sorry both follows yes an act in the acting city five there's a specific
provision that allows municipalities to engage a third party to basically handle their economic development affairs as a third party or state generate conversation not in a public meeting but as as a subcontractor the city with maintaining files documents and those would not be subject to fourth right. Yeah I don't I don't know the specifics of that either I said it was Mr Hayes and and Senator Hendren that worked on that so I don't know the specifics about that we haven't negotiated now about talks those talks went.
Okay any other questions from the committee. Seeing none of of Mr Wilkinson would you step away from the table here of speaking against the bill Luke's story. If you would identify yourself for the record and and who you represent.
Mr chairman members of the committee let me start by thanking you for allowing me to speak today and for the ongoing legislative support of the freedom of information act restored sections in section of the record yeah for the record my name is Luke story and on the executive director of the Arkansas broadcasters association thank you and I appear today as a representative of the state's two hundred and forty plus broadcasters. I think it's important to note the broadcasters are in no way opposed to economic development to the contrary.
We are not only who not only supported we need it for our livelihood is tied to the sale of advertising economic growth is crucial for our growth as well. But there's nothing that should cause us to think economic growth and government transparency are mutually exclusive for they are not. All of you will make all of you may remember testimony on this bill a few weeks ago as representative hawk commented on and if you remember the measure started as an incredibly broad
as incredibly broad with definitions that would have allowed wide ranges of discussions to take place behind closed doors. And what would have been a balloon gaping hole in an unprecedented hole in our state's most precious statute the freemen permission act. And we appreciate representative hawk and municipal league's work with us to amend the bill admittedly the Amendment somewhat narrows the situations in which these executive sessions can happen but this
still represents a drastic departure from the freedom of information law in the state. And from our long held practice of protecting the public's right to know how their talk or how their tax dollars are being spent. We're still talking about a very vast number of situations that a city or county government can apply this to and use this exemption to have discussions behind closed doors. As amended the bill would allow executive session to take place
for discussion for a project under the local job creation expansion and Economic Development Act of two thousand seventeen as you all know. That's still a compass is a wide range of those discussions under that act economic development projects mean land buildings furnishings equipment facilities infrastructure improvements that are required for suitable. The required or suitable for the development retention and expansion of manufacturing
production industrial facilities research technology development facilities recycling facilities distribution centers call centers the list goes on and on and on. An oral summary in our opinion at the end of these executive sessions. By no means meets the standard that we should have for a public's right to know about these crucial decisions that impact their communities their jobs and their tax dollars in
their livelihoods. For more than fifty years our Kansans have been served by one of the strongest foil laws in the country to ensure government openness. When governor Rockefeller advocated for and signed it into law back in nineteen sixty seven it became known as the people's law. And something he referred to as his proudest achievement. All these decades later the people you and I the taxpayers of Arkansas deserve to have their law their voice protected
please I urge you to send a message that foil will not be weekend on your watch please vote against house bill twelve eighty again thank you for the opportunity to address you today and for your consideration to my comments I'll gladly take questions okay any questions. Seeing none thank you Mr we appreciate it yeah thank you okay so to speak for it we have John Wilkerson. Thank you okay speaking against
the we have of rusty Turner. Mr if you would identify seventy represent. Sir thank you very much I am rusty Turner and I'm the editor of the northwest Arkansas Democrat means that I'm here today in my role as president of the Arkansas press association Mr chairman and members of the committee thank you very much for this opportunity to talk to a little bit about house bill twelve eighty which we believe if enacted would weaken Arkansas is free of information act and
infringe on the public's right to know how it's local government operates. As you know the FY currently allows public boards and commissions to meet in private and only a few very specific instances the purpose of those exceptions to the open meeting law I have to do with protecting the privacy of individuals and ends and with some security concerns for certain kinds of boards no where does the FO I allow a private government meeting for the purpose of making policy or discussing
distributing resources or assets house bill twelve eighty if enacted would change that. It would allow a public body such as a city council or a that's that such as the city council to meet in secret to develop negotiating parameters for economic development projects the rationale is that such meetings would give a mayor or city staff member some direction in making a better deal with a private business or industry you may want to come to a particular community supporters contend that the deal would still have to be approved
in public and that a summary of the secret discussions would be provided after to makes the make the whole thing more transparent. Though I don't question the motives of motives of those who support this bill I don't think they've taken into account the damage this would do to the public's ability to observe the government how it works and how they can use that information to hold their government accountable. It won't be enough to simply summarize the discussions after a rubber stamp public vote the deliberations have already taken
place without public participation or observation taxpayers will not have had the ability to evaluate on their own the motives and decision making processes of their elected officials. Some of you may think that all the media is after in protect it is to protect their access and make their jobs easier. But our objection is not about media access it's about everyone's access in the same way the public access is the best way to hold government
accountable it's also the best way for the public to hold the media accountable we do not fear it. The FY has been in effect since nineteen sixty seven and economic development deals have been made hundreds of times in Arkansas without the president provisions of H. B. twelve eighteen there's no reason to believe that won't continue. There is a process in place now for mayor or governmentally to negotiate the parameters of a deal with a third party then all they have to do is bring that
deal back to the to be approved by city council in an open public forum now this may be messy or more contentious than making a secret deal one telling us all about it later but it is the way government ought to work I ask you to vote against house bill twelve eighty and in favor of transparency in the public's right to know I'll be happy to answer any questions and thank you for your consideration okay we have a question representative Bryant you're recognized Sir thank you Mister Turner for your testimony.
He made a comment that you don't your question the motives of those that support this there's an article published prior to this being heard the first time that would that would not support that claim does does the broadcasting association see that there is a potential need for this in the future if economic development would would be stifled because of the restrictions of Fauria or his or never a case that. I'm sorry not broadcast suspicion but yet the paper
would would ever lift its lifted its weight on this I'm not sure I I think I know what you're discussing you may talk about it tore language an opinion was offered that H. B. twelve eighty was not a good idea we still contend that H. B. twelve eighty is not a good idea I don't think there's going to be any circumstance in which a discussion of public policy or how to distribute assets I don't think there's a situation where we're gonna find that to be in private that we're gonna find that acceptable I think when you're talking about public policy we're talking about how
you're going to tax breaks how you gonna spend assets how you going to dispose of property those sorts of things that's the it's it's not city council's property it's not their assets it's the public's property it's the public's assets that are being distributed in in and out within the and those discussions need to take place in public. It It I would add one thing to there was some discussion early the employee task force did vote to endorse this particular bill
it was not a unanimous vote and I'd point out that type FY Tax Court task force is made up of not only members of the media but all and and and open government advocates is also made up of folks from city and county governments it's all the stakeholders for for in FY not just not just media so. Yes. I'm not aware of myself what the membership is on that I only heard one yes and to vote what makes. Yeah. I'm sorry I I'm I'm not a member of the task force I have spoken before that's worse many times
but I'm not a member of the task force I'm not sure I don't know if the top of my head with the make up is but they're appointed by members of media or appointed and then their appointments by by members government so thank. All right thank you Mr chairman.
My name is Ernie Paulson on the news director of care Kerry and fox sixteen. it here obviously against the bill I think the freedom of information act. Is you know the fundamental to journalism and. We hold very true but it's also fundamental for you know the people of Arkansas and I would think that when you're talking about economic development. They need to know. What's going on they need to know what's behind it I think
this sets up you know you trust is the most important thing transparency is so important and I think this just sets up you know that that case of you know back door deals in in what really went on who's benefiting and those things I think when you come out of the executive session I believe that it's it's it's summarized orally I think that's horrible I just this is my account of what we talked about back there I don't think there's any transparency there
again freedom of information act I know. Each session that there or bills to kind of chip away at it and you know this is something that I hold true. Every member of journalism holds true this is how we you know we hold people accountable and you know we we always search for the truth and I think trust and transparency is is it is obviously the core of this and we need to uphold that and I don't think this bill Would do that.
Thank you I appreciate the opportunity to speak. We will. Sure. Thank you appreciate it.
Okay yes just right there be five yes go ahead you may speak against Bill. I guess I I want to speak against the bill is someone who's been in banking for almost thirty years worked in economic development over twenty five years both in Louisiana and in. Current. A representative would you turn your back on please a lot I
thought I had it on and I turned it off so is the if you heard me I'm I'm currently present economic development foundation Crossett a small town in Southeast Arkansas and you know what I take offense with this bill because one it is not about economic development. The economic the economic development process is that we have in Crossett and throughout the state work. We don't need closed doors closed door meetings to discuss these terms with city council members are at the city council.
city council level most the time when these deals are packaged together from the state and from economic developers within the state that work for the city that bring jobs and create jobs. if the details are there and they're presented to the council to make a decision on that package and to work through the details there there's not a lot of discussion over which property and and different things the details are presented so an executive session where these discussions can be held privately withhold some of the
details from the public I don't want an executive summary of the discussions that my council members have own economic development I want those open I want the public to have access to that it's taxpayer money that we're gonna be dealing with someone is to be held accountable for that as someone in the community has a question or concern they should be raised at that point but this bill is not about economic development if it ain't broke don't fix it
it's not broken they can't cite one case where this has been a problem where we lost jobs in Arkansas job creation is is one of the pillars of of of our platform and and a government and the party and this is a this is the link the area of weakness that we can address for yeah and and and and kind of break that that seal of for your own economic development this is not about economic development and I
promise you if we go down this path we will have other problems with for yet in the future and you can remember that I said that here today this is not about economic development and I ask my colleagues on the committee to vote no against this bill with all due respect and I do respect representive call her heart's in the right place in her intent is good but this is a bad bill. Thank you. Okay. Any other questions or anything. Okay.
Are you of prepared close for your bill. Okay I I do appreciate those that came today and that have a big concern and experienced an economic development and I can talk all day about the our duty and responsibility for accountability trust and transparency and I want those things very much I think I will just close by saying those kind of conversations that we have been talking about happened one on one with individual council members or JP's and what we're
asking is for that information as an interim step in the process to be able to have a meeting where there could be preliminary discussions had that would help that city develop in ways that we all. I would like for them to be able to do so the gentleman I will just say that came the last time I really appreciate getting to know him he said he wrote the book and it was a big bulky had it I was impressed I didn't a
four year could say that many things in a in a volume like that but he said he understood that there was a balance that needed to be struck between the guardianship of four yeah and the economic development that the duty of the public's servant has so with that I will close and ask for a good vote. I move to a. It do pass okay I have a motion to do pass any discussion on the motion okay representative Bryant I
think you are the last meeting we had we we kind of all. Maybe got our daughter opinions out I know what my opinion hasn't changed in this my major concern with with legislation like this is we treat government like a business as much as we want them to act like a business they're not a business so we're giving our government or our money and we're asking them to go make winners and losers behind closed doors with with businesses that are in competition and I can I
can respects when businesses don't want their their to and technology put out there I can respect that they don't want their the means and habits to to be addressed and and that's the decision that they have to make to receive government money in support to do that so if if it deals with our tax dollars being discussed and he's been public if it if it deals with discussions outside of the of the normal business. I believe we need to be discussed as well. Any other discussion on the motion.
Saying none all in favor say aye. Those opposed say no. the nose haven't. Your bill fails. All right next up is House bills sixteen fourteen representive Underwood.
Recognized to present your bill. Thank you Mr chair I have Mister Wilson from the Municipal League joint table yes thank you. Mr Wilkerson please identify yourself for the record the represent. John Wilkerson accounts of the Arkansas Municipal League. May proceed. Thank you committee like office president present a lot of bills T. so far so sorry if hear me again I just want often outs that just mentioning that municipal league did help me
craft the language of this bill so I did work with them to come up with something that would be workable for the city's so initial explain a little bit of what why this bill came about home based based businesses play a significant role in our economy according to the US census bureau at between a quarter and a half of all businesses in the in the country are operating primarily out of the home some major enterprises that had did start as home based businesses I'm sure you're aware as Amazon apple Disney Harley Davis and Google just to name a
few unfortunately there's times when the government's can hamper entrepreneur share in entrepreneurship by enacting regulations that require residents to obtain a home occupation permit to operate a business or work in their own home in some ways these are these make a lot of sense especially if it's designed to prevent kennels are autobody shops from disrupting neighborhoods but often though cities can over regulate to achieve this purpose resulting in arbitrary and burned some organized ordinances that whole back entrepreneurship and local
economies so just for a couple of examples of this these are all cities in Arkansas that do this we have an ordinance there is a city has ordinance that limits workers to using a Max of five hundred feet of their home to operate a business and prohibits any outside employees from working on the premises we have one that prohibits home based retail sales operations preventing E. commerce opportunities we have one that's only allows the sale of commodities that are prepared on the premises and we also have one that requires occupants to
notify the H. away prior to starting a home based business regardless of the existing rules and that city also only last family members that reside in the home to work for the business so you would prevent anybody for them from hiring anybody outside help. So we do recognize that you know local control plays an important role in self government governance and city should be able to make maintain the peace and quiet of the neighborhoods but says city should not restrict a person's ability to earn a living without good
reason so. To sum up here the solution I believe is this bill which basically just sets boundaries it doesn't take away their ability to have local control on those businesses but just set boundaries for having a good reason to do so and those are listed in the bill starting on page two and on pace to starting a line twenty I'm I'll go through them but I want to avoid doing that but have take any questions or also instruction if you will has anything to add.
If I may from our perspective we want we we appreciate very much work on representive Underwood on this from our perspective we understand the reason we regulate home based businesses isn't really the cities that do it is home based businesses that have an impact on the residential nature of a committee of the of the neighborhood so if we have no impact on business and which is what the bill says we understand that's representing a regulations or whatever as long as it doesn't have an impact on the residential character of the neighborhood which is what this bill really lays out that it's
it's it's pretty gives us the ability to handle that but it goes no further so a lot of ways we appreciate the the notion that we now know exactly how this is going to work out should works we again we really appreciate record meant resentment away on this. Okay represent college recognized. Thank you Mr I guess this is more for miss Roberson wire cities and municipalities not capable of of regulating this themselves why do we need to have Legislative guardrails
getting into the business of the cities on this point well. We really to have the opportunity to work for work with represented under way to make sure we crafted exactly what we do so that's the reason we work together with him on this so again this is we we ran this by the players association in our own you know our own executive committee and came up with this list because this is a list that we already really use anyway and so you know cities could do it obviously you know obviously we're very protective of local control but we took the opportunity to work with representive Underwood to create a bill that we we knew we could
you know work work work within. As follows yes representative would does the planning association support this or that a neutral on it or do you know or miss work Senate that's better anyway Mr books and probably an establishment and architectural okay thanks yeah. Okay any other questions. Seeing none of I have no one signed up for the audience to speak for against this bill.
Would you like to close for your bill as Mister Pritchett Pritchett committees time I am plus my bill and I would be afraid to pass thank you okay I have a motion to pass any discussion on the motion. Yes represent Bryant you're recognized I would just like to weigh in on my comments about the bill just because we spent some time talking representive Underwood about it representative brought you cannot ask him question no I'm not asking for legislative I spent a lot of time talking about this bill because I agree with represent Collins about it
was the city's working their way in and and I think I think the answer that satisfied myself on that for a vote is is what we want to encourage entrepreneurship and innovation and making a living and if you live in a community that that. Limits your ability to do what you need to do your options are to mover arena space have you can't do that the options are to do nothing and just stay in the
in the cycle that you're in so I support this bill. Okay any other discussion on the motion. Seeing none of all in favor say aye. Those opposed say no. Graduations you've passed your bill thank. Okay at this time we will hear Senate bill of one twenty seven representive Perry would you present the bill please. You may proceed thank you Mr chairman and committee members. This is Senate bill brought to me by Senator English it's
really pretty simple to a one pager in actually allows libraries to start accepting debit. Cards and credit cards for the purpose to pay your fines check out books and do business as we move to a cashless society I never knew the library could take a debit card but now they'll be able to the fees that they're charge would pass to the consumer so be a net charge to the to the library.
Take any questions okay. The firm's in car you're recognized. Thank you Mr chair so I just have a very simple question I appreciate that see in the second or the bottom of the bill that you say that there be a transaction fee just out of curiosity sake do you know what that transaction fee would be roughly you know being a being a business owner that. Processes transactions like that it varies master card visa American Express lot they they've very anywhere depends
what you negotiate two percent three percent American Express is the highest which is why a lot of people don't take American Express okay just curious thank you. Any other questions. Seeing none of would you like to close for your bill I'm closed appreciate a good vote and I'm motion do 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. Okay next up is house bill sixteen thirty eight. Representative Fortner. You may present your bill when you're ready. Thank you Mr chairman committee members I bring this bill to you today on behalf of the assessment coordinator coordination division and your
county assessor's should reserve secular passing out impact statement right now look let them get that out first and then we'll let you continue I apologize no right give me a chance to catch my breath. But will glasses on.
Okay represent Fortner you may continue thank you. What this bill does there are annual professional development recognition of. Okcash awards that are eligible to assessors and their employees that complete a certain amount of training to make their self more proficient at what they do. There are two levels that are currently given yeah we could we would call them a bonus but there are actually six levels
that you can achieve you can continue your education to get better at what you do up to different six different levels of training and what the assessment coordination division wants to do they want to give reward cash rewards for all six not just the first to the funds are available they're in their budget currently it's not going to cost the county anything it will just be recognizing the people that have gone. That step and made their self. More educated to be a better assessor for counties.
And I'll I'll take any questions and if I can answer my got by people back here. K. questioned by a committee representative Brian to recognized student. Are the sisters budget or the commission account. Please identify yourself for the record the represent.
Thank you Mr chairman committee center call your I am the director of assessment coordination division of DFA and I'm sorry I didn't hear your question our our council says but offices or with the commission accounts. That the the elected officials. Which is it is their budget derived from a commission received of of tax proceeds will go no no no no assessor do not receive any type of Commission on any tax revenues they do have a couple of special revenues accounts that's Amendment seventy nine and they do have a
late assessment fund account but as far as like collectors and treasures to get a commission assessors do not. Follow Mr yes. So is what what funds this this this account to be able to pay bonuses it is in the ACT state operations fund this this is actually legislation that has been on the books for many years it's just that as time has developed I W. O. which is the international association of assessing officers which is the
professional organization that we have here to their standards and best practices I have added additional designations and we just want to be able to reward everyone for whichever Dixit designation they decided to go for. Okay follow. Yes please different subject are there other any other organizations that Hey you look at the counties the counties constitutional alarms you know collectors assessors shares judges do any other of those
organizations have funds like this that are able to pay bonuses for certain achievement levels I'm not aware of that I'm I will add I can speak to that sorry thank you. Okay any other questions. Seeing no other questions miss with us so you're signed up to speak for it would you like to speak for that this point all different one okay I apologize yeah. A. R. or director did a
fantastic job and so on. Okay thank you. Okay. Representan Fortner would you like to close for your job no I'm close they did a excellent job I approved I would really appreciate a good vote. Okay I would entertain a motion at this time motion by representative Dalby any discussion on the motion. Saying none all in favor say aye. Those opposed say no. Congratulations you're patched your bill.
UP next is house bill sixteen thirty nine. The representative Fortner you may present your bill thank you Mr Ole Ole Ole omit the impact statement out okay our.
Representative Ford or you may continue thank you This bill here is really simple if you look at it it said just one adding one line to what we already do it's but they want to put it in the law which it should be the law says that the S. sensor is allowed on your property to assess your your property we all know that and assessor one person can't do all that and if they have employees
that in fact do that and then they have subcontractors that do that that's what this is allowing it says extends to employees and independent contractors of the county assessor's office and then there's a little provision been put in there that I ask for that they will always provide identification and have identification on their vehicles because sometimes they've come to our house as an independent contractor and didn't have a sign on the door and I wasn't pleasant United have a sign on
the vehicle so that's in there too so is there is anybody have any questions. Questions. Seeing none. representing group you're recognized and U. K. one simple question is they come because I've got several properties and they have came in the past are they required to carry identification so we know who really they are they will be with this. Thank you.
Today it erected for representative Brian to recognized I feel like I should know this and maybe there's a the sister here if there is a a locked gate no trespassing one of the with the procedures set stress the used to gain access to that not there is an assessor tobacco tell you that he knows all about it but these people yes what I built a lot of yeah. Please would you like me to guests please identify yourself because ray had and because they
have to call me on my way thank you Mr chair committee I'm Senator Carter the director of assessment coordination division of day after day and actually I was the county assessor in Columbia County for many years and worked as an employee there before a procedure in my county and I know when a lot of counties is if they come to a locked gate or some type of barrier usually we leave a card. Or we send a letter and of the specially for rule locked gates over roads we would send letters
to the owners telling them that you know for a reappraisal purposes we needed to visit their property and what they call and and set up a time. We don't cross over locked gates. Matt Matt followed Mr yes yes go ahead representing if they if they don't contact you. Refused to refused to engage is that the you get the Cup the sheriff to company you on the property usually several warm usually in those instances one and I'm really I can only speak
for my experience as an assessor I can't speak for all seventy five it usually especially in this day with GIS and aerial imagery you would just try to estimate the best you could and then when you send a notice to the taxpayer of their value estimated value if it was very to hire to you know if the if if they just really thought it was way too hot they would usually call and then you could you could tell him that you needed to visit with them.
Okay follow up is just chair different maybe a little different subject but just worried about third parties and subcontractors that county's my higher if the employee gets put on a person's property and and damage occurs or the employee gets hurt all the city council is either not liable for their own insurance will pay for that but third parties how to how to counties negotiate into that to make sure property owners are liable for third parties active okay so part of the reappraisal bid specifications that all of the
reprisal contractors that that are approved to bid on counties they all have to carry their own liability insurance they have to provide a CD every year proof that they are carrying all of the insurance that is required in those bits specifications thank you you're welcome. Any any other questions. Seeing none of. Would you like to close for your bill I'm closed okay an entertain a motion.
Represent have do pass. Canaan's question on the motion. Seeing none all in favor say aye. Those opposed say no. Congratulations for your fast of the bill thank you so much all right I got. If the if it this time uh accidentally representative Cavenaugh I apologize Senate bill seventy nine overlooked it. Thank you would identify yourself for the record when you
get there and present your bill. Thank you Mr chair representative Fran Cavenaugh. Senate bill one seventy nine is actually a pretty simple bill what it does is it designates G. I. S. the geographic information office to be the authority of the mapping the maintenance of the fire district maps in Arkansas they're still certified
and designated at the local level the quorum court is the one that is still the one that has to provide the maps to the districts this just allows G. I. S. to be the one that's gonna be the do the actual mapping it's not gonna be any fiscal impact because they're already doing that they already have this the reason this occurred is because a lot of times these power districts will go into multiple jurisdictions and then it was hard to get the actual mapping out to the actual fire district so this is to kind of solve that issue. And I take any questions. The questions.
Seeing none which like close up yes representative Brian correct I apologize that is there is state GIS function overseas over the Internal county GIS functions or is it just a function of the county. Well Arkansas geographic information system is the one who does the mapping for the state and I usually contact GIS the counties and due to try to actually get mapping and things okay because they have the technology okay thank you this okay any other questions. Seeing none is there anyone in the audience like to speak for against the bill.
Seeing none would you like to close for your bill I'm close and 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 financial oceans. Okay now we have a Senate bill. Three eighty six representative love.
You're recognized present your bill. Thank you Mr chair cannot S. that municipales shortage of second they're going to head out the amendment you have an amendment here. The presenter amendment if you would first callings the Amendment just ask me as a cosponsor to this bill.
All right we have of represent all the main motion for the Do pass on the amendment. Any discussion on Amendment. In one one dollars will speak for against amendment saying none all in favor them and say aye. Those opposed say no you may present your bill as amended now thank you Mr can I ask municipally to join me at the table yes you may. Please identifies yourself for the record and who you represent.
Thank you Mr chairman Jack creature Arkansas municipally. You may proceed thank you thank you Mr calling some here to present Senate bill three eighty six this is a bill that was a combination of a task force that we establish a couple of years ago were Senator Clark. jointly brought together all interested parties in regards so wastewater water. And we kind of S. task force do we hammered out a lot of issues
just to give you a little background there's there's some five to six hundred municipal water systems that are running the state of Arkansas. More than half of them were found during the the time that we conducted the study more than half of them were found as being in not financially a fiscally sound committee that even though they were able to provide water services they were not collecting enough fees to take care there are no long term
maintenance and that is that is an issue that has kind of played Communities and for the reasons it is multiple reasons why but some is that you know as the agencies cities are. The the population base may sometimes move out of a community I believe in the rights to go lower and lower in so in turn with what these minutes were these municipal system soon as they come to the State of Arkansas to actually
answer fiscal of financial assistance when they find themselves in disrepair in so. This bill does several things actually trying to address some of the issues the first thing it does is it has the water systems actually have a right study to conduct rate studies race studies are growing in the reason in this aspect. First of all you all know that what you need to actually have
to actually run your right to system they run it efficiently. So it it it it accounts for not only your you know what you need to currently run your system but your long term maintenance the second thing is this bill does is it the and say is that. Once you have that right study. Then before you can come to the State of Arkansas to get financial assistance thank you will go to your ratepayers and you'll see what they can do they can afford to actually increase the the the rate so that they
can take in the long term maintenance because what we were finding also. In the study is that a lot of systems or just not they were refusing to raise their rates to take care of the long term maintenance and I think it's is kind of a. I will say this is that. But it sure will if you're if insuring municipal water system I think you should be paying for it and that way for the state of Arkansas to come and bill you out I just talked to a
representative who told me a story he says you know one of my systems tow meeting. We're not going to raise rates which is going to come to the state of Arkansas and get the money to repair water system and so this this bill addresses that an incident and in in here me out then and this is one thing that we will say. This bill is not stand there Hey the right study for instance we had a town that was when they enacted the water system they were charging seven dollars today they're still charging seven dollars for the one.
Not knowing crease for long term maintenance but just to collect a seven dollars. We need to have to address that issue the third thing is an allowance for also for training because as you know as soon as and we we have people that are actually taking the municipal water systems and we need to get more people in to get trained and then I think the last thing is it establishes a board and solid that I'm a turned over to the municipality to kind of talk you through some of those points but
in a nutshell this is this is kind of a bill this is a bill that will address some of the issues a long term issues that these municipal water systems are facing so that we can get them we can get the fiscally sound but also before that come to the state of Arkansas they will they will try to address some other issues with that I'll turn over to mislead. Thank you representative love Mr chairman as representative Jack judicious of all I'm sorry
Jacque creature Arkansas municipal league as representative Love said there was a task force that was created I guess some two sessions ago through legislation that senator Clark offered and the the purpose of the task force was to settle a local issue between Garland County in hot springs. Then the task force it had about twenty members had legislators and had city officials chamber
officials county officials D. E. Q. Department of Health and R. C. Central Arkansas Water rural water providers it was a very diverse segment of of the state. And we mail out I happen to get appointed to to serve on the task force we met representative love was a member of the task force we had about fifteen meetings over an eighteen month period. And what we discovered was that
Arkansas has a real problem with their water systems that you know most of our fifty sixty years ago I think there was one study that showed there's in order to bring all of them up to where they need to be what it would take around eight or nine million billion with a B. dollars. And so as a result of of these meetings is fifteen months or eighteen months of fifteen meeting set by the way some of these meetings would start at eight eight or nine o'clock in the morning and go until five in
the afternoon so there you know that it that it was a working task force. And the the end result was that if you you know that we may I took all that we had learned and discovered and and and this bill was drafted and so this bill as a result of the findings of that task force and while it may not be perfect I can tell you that I believe it is a really really good public
policy bill in ninety five percent of what's in the bill is is going to benefit the entire state and I would certainly encourage you all to vote for the bill I thank you for your time. Okay do not have any questions Mr challenges object to one thing the Jackson he said it's not a perfect bill Fredrick Love only presents perfect bills so. Mr chairman I stand corrected strike strike that struck that come in but not for everyone made this amendment I think that
may require wouldn't perfect bill. And that's one rule. Collins I will tell you this there is no known opposition to this bill however I just I was just told by Mr per pay that and senator Clark has agreed there are few minor amendments to eighty Q. wants to make some will be if you pass it out with we can amended on the floor we can take care of it there but other than that there's no non opposition this bill has a Mr Pritchard said we had a lot of people.
All stakeholders come to that to come to the task force and so I appreciate a good vote. Okay the representative Bryant you're recognized for a question. X.. Get this money for president of a United said spoke about this and what if you were able to have any any follow up discussions on why water districts didn't do any type of reserve for their collections like a force reserve recessionary reserve of ten percent of collections for the
purposes of maintenance and repair his. Not not to say that that we don't need provisions like this in this is the road we're going to we're going to travel down the beach cruise after a conversation if you're ever get any why no I know in the future now when they they do set them up they do set him up the wall with the reserve but these are these of water system that report were pretty open and so at that point in time the state was not allowed not have an incentive to reserve but now you said bill water districts you
must have that that man is reserve. Follows Mr yes we we are to a couple days ago about a Another change to suburban improvement districts and this will happen to be a water or the investor community a small committee invested in in the water system and it would absolve once the system was paid for itself I assume they'd be absorbed into admissibility or another rural water district do any of these provisions overlap into those so if I were to finance a thirty year water
system obviously it's good and good at your one about a year thirty did any of these provisions overlap into improvement districts outside of a water district to to encourage them to do these rate studies. If I made up to answer your question on on the reserve what you know most rural water systems are all our system they stay and they had a lot borrow money from a in our city and if. if a and R. C. loans money
they're required to have that reserve but testimony the task force and representative love can correct me if I misspeak but testimony from the task force revealed that although they were required to put an adequate reserve fund back it It one enforced and so that's how so many of them got upside down and this bill would put an end to that it would require the United we would beef up the the enforcement of of the adequate reserves and there are
provisions if I understood your question they're going to be some incentives in here for and regionalization and consolidation for those systems to remain solvent so if you have a small water bill water system like the one you talked about in maybe their rates there so they get so small that the rates are really going to become unaffordable in order to remain solvent they could look at consolidating with the another
system and maybe get and be some incentive money there to hold those rates down I don't know if that answers your question. A. Okay any other questions. Seeing none is there anyone that would like to speak for against the bill. Representative love would you like to close for your bill Mr I'm close and I appreciate a do pass motion is amended. Okay representing Collins you're recognized.
I have a motion to pass any discussion on the motion. Saying none all in favor say aye. Those opposed say No representative love your pastor bill thank you Mr thank you Committee. Thank you members appreciate it very much okay this time I'm going to ask the representative Holcomb come set the chair.
Represent fight you're recognized to present Senate bill two sixty three is that correct. Okay thank you Mr let me start off by saying you senator Hammer to issue I'll try to be there that means he's not coming okay exactly this is very simple bill what this bill does is aye motion you know and and run a campaign you can't put signs in right of way with the city county state or what with the city's bit and this was a year of unique
situation which we have of theirs fourteen cities in the State of Arkansas that on their own utilities and utility poles well the city Benton lock on the fourth of July and stuff they've been putting the flags on it and it was pointed out to him that that is a legal by the law today and so what this bill does it allows a city council to go in addresses with an ordinance where they can pass it that they can hang the flag of the Arkansas flag US flag and also the city if they have a flag
they can hang on the phone laws it own obstruct. A lot of side. Was not injured so on so forth. After they passes then they can do that that's basically what this bill does I'll be happy to answer any questions. Any questions from committee. Anyone here to speak for against the bill. Blake closed I am closing I make a motion to pass I have a motion do pass all in favor say aye. All opposed same like sign hearing none congratulations your bill passes thank you Mr.
The other bills are starting to roll in right now we have a pretty skip full schedule will start meeting two days weeks and we'll be meeting Mundy so who without
Agenda
REGULAR AGENDA
Number Sponsor Subtitle
HB1264 Pilkington TO CREATE THE SMALL TOWN ECONOMIC DEVELOPMENT ACT.
HB1280 Haak TO PERMIT AN EXECUTIVE SESSION UNDER THE FREEDOM OF INFORMATION ACT OF 1967 TO CONSIDER CERTAIN ECONOMIC DEVELOPMENT PROJECTS; AND TO PERMIT A GOVERNING BODY'S ATTORNEY TO ATTEND CERTAIN EXECUTIVE SESSIONS.
HB1416 Underwood TO ENCOURAGE HOME-BASED ENTREPRENEURSHIP; AND TO REMOVE UNNECESSARY BARRIERS TO WORKING FROM HOME.
SB127 J. English TO AMEND PROVISIONS OF THE ARKANSAS CODE TO ALLOW LIBRARIES TO ACCEPT DEBIT CARD AND CREDIT CARD PAYMENTS.
SB179 B. Johnson TO REQUIRE MAINTENANCE OF FIRE PROTECTION DISTRICT INFORMATION FOR THE EFFICIENT OPERATION OF THE 911 EMERGENCY SERVICE SYSTEM.
HB1638 Fortner TO AMEND THE LAW REGARDING PROFESSIONAL DEVELOPMENT RECOGNITION PAYMENTS FOR COUNTY ASSESSORS AND THEIR EMPLOYEES; AND TO DECLARE AN EMERGENCY.
HB1639 Fortner TO AUTHORIZE EMPLOYEES AND INDEPENDENT CONTRACTORS OF A COUNTY ASSESSOR’S OFFICE TO ENTER UPON AND INSPECT PROPERTY TO DETERMINE PROPERTY VALUES.
SB386 A. Clark TO AMEND THE LAW CONCERNING RETAIL WATER PROVIDERS AND RELATED SERVICE.
SB263 K. Hammer TO REGULATE THE ATTACHMENT OF SIGNS TO UTILITY POLES.
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — CITY, COUNTY & LOCAL AFFAIRS COMMITTEE- HOUSE, Mar 10, 2021 | Agenda | 1 | Official source ↗ |