City, County & Local Affairs Committee - Senate
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Transcript
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Bills discussed (3)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
|
HB1183
Act 258
· 4 mentions in transcript, chapter, agenda
Matched: “The first item on the agenda today is House Bill 1183, Senator Ballinger, you're recognized”
|
TO AMEND THE LAW CONCERNING CERTAIN COUNTY ELECTRONIC PAYMENTS AND FILE MAINTENANCE. | Underwood | Notification that HB1183 is now Act 258 |
|
SB169
Act 256
· 3 mentions in chapter, transcript, agenda
Matched: “SB169 T. Garner CONCERNING OUTDOOR SALES OF NONALCOHOLIC BEVERAGE…”
|
CONCERNING OUTDOOR SALES OF NONALCOHOLIC BEVERAGES BY A MINOR. | T. Garner | Notification that SB169 is now Act 256 |
|
SB59
Act 872
· 2 mentions in agenda, chapter
Matched: “…ND FILE MAINTENANCE. DEFERRED BILLS Number Sponsor Subtitle SB59 B. Ballinger THE ARKANSAS SECOND AMENDMENT LIBERTIES SAFEGU…”
|
TO BE KNOWN AS THE "INTRASTATE FIREARMS PROTECTION ACT"; AND TO PREVENT THE UNITED STATES … | B. Ballinger | Notification that SB59 is now Act 872 |
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CHAIR SEES A QUORUM, I'M GOING TO
Speaker 5
0:19
FLOWERS, ARE YOU WITH US? I AM. I AM. THANK YOU.
The first item on the agenda today is House Bill 1183, Senator Ballinger, you're recognized
Senator Bob Ballinger
Unverified
0:33
to present House Bill 1183. Absolutely. So the issue that Senator Fliers. Pardon me, Senator Ballinger. Do you have an amendment? I do. So I'll start and I'll present the amendment. Okay. So the issue that Senator Flowers pointed out and we
Speaker 9
0:47
discussed last time, what it did is that gave us an opportunity to actually clean up a couple other things. So it didn't change the bill in substance, but it made the bill a little cleaner. So one of the things, if you'll look on page 3, line 10, this is the amendment if you want
to look at the regular bill, we actually changed the word persons to individuals. And one of the things that I had a little bit of concern about is if you include persons, Legally, that includes corporations, LLCs, individuals may or may not. So it actually is a little cleaner going back to the original language of persons. So in the bill, you'll see persons as underlined or striped out, individuals as added. The amendment is going to just undo that.
So it'll go back to individuals from persons. And then the other thing on page three, line 28, towards the end, we had some discussion about this. Well, it points to a code section. And that code section, while it includes all these other code sections, it is kind of a cumbersome way to do it where you point to a code section that then lays out more code sections. And so since we have the opportunity to amend it, we're going to go ahead and make it a cleaner, more succinct version. So having presented, I'm willing to answer any questions.
Senator Bob Ballinger
Unverified
2:06
But if not, I appreciate a good motion on the amendment. All right.
Members, you've heard an explanation of the amendment. we have any questions on the amendment?
Speaker 13
2:17
I do have a question. All right. Senator
Senator Stephanie Flowers
Unverified
2:21
Flowers, you recognize for a question. Okay. I can't see the amendment. And that last part that Senator Ballinger referenced about those code sections, I guess he's talking about the one that refers to fees. Is that right? And they're listed? That's correct. And do you
have a copy of the bill in
front of you i remember the bill okay but i remember it referenced the
statutes that lay out the fees are the provisions of the code that
lay out the fees for like material men and mechanics wings and other kinds of uh specific
Speaker 9
3:02
uh recording documents yeah and so what what that that reference was 216101 that then references the other code sections. So what we did, Senator Flowers, is instead of referencing 216101, we just took that reference
out, and now it's 216306, 216402, and 216403, which is— So you just took all those things that
Senator Stephanie Flowers
Unverified
3:23
were in that reference to that provision that listed all those other
sections and put those sections in this language. Is that right? Absolutely. So essentially instead of taking a
Speaker 9
3:38
step to then take a step, now you just go directly to those code sections. But as
Senator Stephanie Flowers
Unverified
3:45
I recall, wasn't it more than just three sites to other parts of the code for
Speaker 7
3:52
fees? No. So that code section was actually designed
Speaker 9
3:56
to say that one code section supersedes other code sections. And so there is other references to code sections in there, but they aren't the ones that are actually lined out as fees. And so these are the code sections from that section that sets forth these fees. Okay, and I
Senator Stephanie Flowers
Unverified
4:15
see the clerk back there nodding her head, so I'm fine with it. So anyway,
Speaker 7
4:21
honestly, it doesn't do anything different than what the bill did before,
Speaker 24
4:25
but I think this is a little better, a little cleaner, a little tighter. And since we had time, we
went ahead and did that. I move to adopt the amendment. All right. We have a motion
Senator Bob Ballinger
Unverified
4:48
to adopt the amendment. Any discussion? All in favor? Aye. All opposed? Your amendment's been adopted. You recognize it to
Speaker 9
4:53
explain the bill. And we had discussion on the bill last time. So unless there's any more or any other questions, then I just appreciate a good vote on the bill as amended.
Senator Stephanie Flowers
Unverified
5:04
All right. Now move to pass at the proper time. All
right. Does any members have any questions on the bill? Anyone in the audience that would like to speak for against the bill? All right. We need a motion do pass as amended. I have a motion to pass as amended by Senator Flowers and second by Senator
Sullivan. All those in favor? Aye. All opposed? Congratulations, Senator Ballinger. Thank you very much. I appreciate your committee. We have
another bill, and we're going to try really quickly to get a hold of Senator Garner,
who's in public transportation. And if he cannot, we'll wait just a few
Senator Stephanie Flowers
Unverified
5:57
minutes. In the meantime, Senator Stubblefield, did you find out about the photograph for the committee? No,
Senator, we're still working on that, possibly next week. We will do it. It's going to be cold next week, you know that.
I think it's going to be in the 30s all week, it's still a couple of days, so we'll try I'll schedule that outside on the steps so we can be, you know, socially distancing. But I will let you know plenty ahead of time. Thank you. You're welcome.
Senator Garner, you are, you are recognized to explain Senate Bill 169. Thank
Senator Trent Garner
Unverified
7:37
you, Mr. Chairman. This bill, if you allow me to pull up my notes, would take just a second.
In the summer of 2018, Jennifer Knowles helped her three sons set up a lemonade stand in their Denver neighborhood. The proceeds would go to a charity that her kids supported. She thought they would learn about business, entrepreneurship, and the satisfaction of making money, which we all can agree with. And then the police showed up. Two police
officers approached us, this is Jennifer speaking, and told us we needed three permits to operate a lemonade stand. We were literally across the street from our house, in our neighborhood, selling lemonade for a charity, but even if we were on the sidewalk in front of the house, technically, that would have been illegal too. This situation hadn't just overtook people like Jennifer. The famous comedian Jerry Seinfeld set up a lemonade stand with his son and two of his friends, and the police showed up to bust Jerry. I'm sure that would have made an interesting episode.
I hate to say it, but this is a problem we're seeing across the nation. Admittedly, I haven't seen anything in Arkansas. I think our cities in general handled this well. I know the municipal leagues here, and I think they would strongly make sure they did the right thing when it came to a vast majority of this. But this actually turns out is illegal in 36 states, including Arkansas. Have you ever heard of the Lemonade Company Country Time? They have a website. It's called the Country Time Legal Aid Fund to make sure they change the laws for this reason.
The merits around this law are plenty. Parents see the opportunity to teach their kid about entrepreneurship. They learn how to make money. I don't know about you, but I set up a lemonade stand when I was a young child. Well, apparently, setting up a lemonade stand in rural South Arkansas at the end of a road isn't the best money-making endeavor. I learned that I was not a good entrepreneur, and so I became a politician, which is much better for my skill set. But this bill is simple. It allows children to sell non-alcoholic beverages for a lemonade stand.
They don't need a permit to do that. That's the simplicity of the bill, and
I'll answer any questions at this time. I'm sure that stand that Steinfeld said that would have probably been more
interesting if Kramer had set it up. Committee, you've heard an explanation of the bill. Any questions? Senator
Senator Mark Johnson
Unverified
10:24
Johnson, you're recognized. Thank you, Mr. Chair. Senator Garner, I'm almost appalled that you would even have to bring this bill, and I appreciate the information that you shared with us.
But the libertarian streak in me is just aroused anytime I see the instances like you described with the people in there. And the fact that there has to be a legal defense fund is almost as appalling as the fact that there has to be this bill anyway. Anyway, I want to applaud your action on this, and I'd like to hopefully our young people will see this opportunity and let their entrepreneurial juices, no pun intended, flow.
Would you agree? I agree 100%, Senator
Johnson. Thank you, sir. Thank you, Mr. Chair. Thank
Senator Stephanie Flowers
Unverified
11:22
you, Senator Johnson. Any other members have questions? I do. Senator Flowers, you're recognized. Yes. Senator Garner, do you think that the policy that we have in place that prohibits this maybe or requires certain maybe permits is because of the state's interest in protecting the public from unsanitary utensils or other vessels that maybe like your lemon aid was poured in?
are prepared. Is it presently, that's one question. And then the other question is, what does our law say now? Does an individual that you have described in Arkansas have to have a permit from the health department or what? To the first question,
first, I think if there was a rash of tainted lemonade being
Senator Trent Garner
Unverified
12:25
sold in Arkansas to the extent that people were dying on the streets, we would have heard of that. Actually, I think you would hear about that nationwide of all the countless people who do this as children, and there's, as far as I know, never been a case of a mass outbreak of death due to lemonade stand. So I would say that's a unfounded concern and doesn't meet the practical reality that we all live in. For the second question, I think it's pretty simple that you require a permit to sell certain items. That's pretty standard across the board.
That's a good law in my opinion for a lot of reasons. Like you said, if you had like a bar set up that was not permanent, then you could have a much bigger issue. But this I think just creates that exemption from the law and while I do not know of any cases in Arkansas always like to be preemptive Texas have done this a bunch of other state has done this because they saw this trend coming like I said I think the Municipal League do generally good work I haven't heard of any you know mayors or city councils that would be a force in this but what you don't want is some neighbor to call the law and then the police show up
especially whenever we have you know the current situation with COVID-19 and some of the other unrest that we never want police involved whenever they could be excluded and if this is out there the police
Senator Stephanie Flowers
Unverified
13:43
will say that's legal they can do it and it'd be a no big issue well i didn't say that or suggest that people would die but they could get seriously ill from tainted cups or other types of utensils that are used
at such uh in such instances so i'd like to know does the municipal league have a position on this I can answer that if you want me to or he
Senator Trent Garner
Unverified
14:09
can come to the table, whichever one you prefer. I'd like
Speaker 66
14:20
to hear from the Municipal League. Yes, ma'am. Thank you. John Wilkerson, General Counsel of the Municipal League. Thank you. I appreciate Senator Garner listening to just kind of hard-pressed to their concerns
because, like he said, we don't see lemonade stands get regulated around the state and it's not really something that we would advise to do. In fact, I'd probably advise it's probably best left alone. Obviously, we're always concerned a little bit about being preempted because, like I told Senator Garner, we have to see into the future and how this might impact future issues, the way the bill is drafted. But as far as a bill that prohibits us from licensing lemonade stands, we just haven't seen that issue come up. So it's hard for us to really take a holistically negative position against this bill.
So I think it's fair to say that we're neutral on it at this point because we just don't see this issue arising. But I have looked into it, and I was talking to Senator Garner this morning about potentially some back-end problems just with the way the bill is drafted. And he's listened to those concerns, and I appreciate that. What are those concerns? Well, like with any sort of preemption, we're just worried about how broad it might be. But, again, as far as restricting lemonade stands, again, that's not really – the way I understand the bill and the way it's been presented, again, that's a neutral concern.
Senator Stephanie Flowers
Unverified
15:40
as far as regulating lemonade stands. Well, is the Department of Health there? I mean, I'm
concerned about the safety issue and people offering products to the public, even from their private premises. You know, I mean, we are in a pandemic. The germs that comprise COVID-19 can be transferred by tangible things such as cups, forks, and that kind of thing that people put their hands on.
Is there a health policy that should be considered here? Do you know, or is the Department
of Health there? Senator Flowers, no one from
the Department of Health is here. Okay. So, do you have any other questions? No, I do not. Thank you, Senator Flowers. Senator Clark, you recognize for a question?
Senator Alan Clark
Unverified
16:54
Yes, you said that you thought this was unnecessary. I'm sorry, I had a question. for it. You said you thought this was unnecessary, but the real problem would come in if the child wanted to put up a banner, right? Yeah. Well, I mean, I'm
Speaker 66
17:17
not sure I understand. I was thinking the answer before I finished the question. Well,
Senator Alan Clark
Unverified
17:22
it was a guy who was hounded, you know,
the one time he made the mistake of putting a store in town who was hounded for having a banner Right. Et cetera. I think this is a really good bill. I shouldn't have said I didn't mean unnecessary in the sense of
Speaker 76
17:36
what he's trying to do. I mean, we don't see that problem.
Senator Alan Clark
Unverified
17:42
That's what all I was saying. We don't see the problem that somebody might that a child may put up a banner and have somebody come by. Sure. Yeah. Because because, again, I think the bill is necessary, not because the folks at the city are unreasonable,
but because it's actually the neighbor driving by who calls the city and demands that they enforce their ordinances. And the city says, oh, we have to. Isn't that what really becomes the problem? That
Speaker 74
18:11
is often a situation that happens, yes. So I understand
Senator Alan Clark
Unverified
18:16
y'all being neutral and not for, but that's why it could be a good bill.
I see your point. All right. Thanks, Senator. Any other members have any questions? Motion to do second. Second. All right. We have a motion. Do pass. And there's a second. We have a motion to do pass and a second. Is there any discussion? All those in
Speaker 13
18:54
favor? Aye. All opposed? no and act like a roll call all right
we have a roll call like would you go and
Speaker 82
19:17
Flowers. No. Senator Alan Clark. Senator Scott Flippo. Senator Mark Johnson. Senator Kim Hammer. Senator Kim Hammer. Senator Dan Sullivan.
Senator Terry Rice. Senator Gary Stubblefeld. All right, with a vote of
six yays, one nay, your bill passes. Senator Garner. All right, any other
business? Seeing none, this meeting is adjourned. Have a good weekend.
Agenda
Call to Order
SB169 T. Garner CONCERNING OUTDOOR SALES OF NONALCOHOLIC BEVERAGES BY A MINOR.
HB1183 Underwood TO AMEND THE LAW CONCERNING CERTAIN COUNTY ELECTRONIC PAYMENTS AND FILE MAINTENANCE.
SB59 B. Ballinger THE ARKANSAS SECOND AMENDMENT LIBERTIES SAFEGUARDS ACT.
Adjournment
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE AND HOUSE, Feb 4, 2021 | Agenda | 1 | Official source ↗ |
Speakers
Senator Gary Stubblefield Chair
Unverified
Speaker 3
Speaker 5
Senator Bob Ballinger
Unverified
Speaker 9
Speaker 13
Senator Stephanie Flowers
Unverified
Speaker 7
Speaker 24
Speaker 37
Speaker 39
Senator Trent Garner
Unverified
Senator Mark Johnson
Unverified
Speaker 66
Speaker 68
Senator Alan Clark
Unverified
Speaker 76
Speaker 74
Speaker 81
Speaker 82