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Home My WebLink About08-03 RESOLUTION• • RESOLUTION NO. 08-03 A RESOLUTION SUPPORTING THE CONCEPT OF BEVERAGE CONTAINER DEPOSIT LEGISLATION IN THE UPCOMING LEGISLATIVE SESSION. WHEREAS, the roadsides of Arkansas are littered with empty beverage containers; and WHEREAS, this litter creates an image of Arkansas as a trashy, unkempt state; and WHEREAS, an aggressive beverage container recycling program can provide for enhanced litter enforcement as well as promote a change in the attitudes of those who litter; and WHEREAS, the experience of other states has shown that beverage container deposits are an effective means to reduce roadside litter; and, WHEREAS, legislation should be enacted to adopt an effective and aggressive beverage container recycling and litter reduction program to ensure the protection of Arkansas' abundant natural beauty and its title as the Natural State. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby supports the concept of Beverage Container Deposit legislation in the upcoming session of the Arkansas General Assembly. POSED and APPROVED this 21 • • . j}1 7:4 . day of January, 2003. APPROVED: By DAN COODY, May NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 08-03 Document • 1 01/07/03 Resolution No. 08-03 2 12/03/02 Staff Review Form w/attachments: 11/26/02 memo to Mayor 8 City Council draft resolution information page: subject: Beverage Container Deposit Bill Agenda Request form: Dan Coody 1/3/03 memo to Mayor and City Council Foreward draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill draft house bill Proposed Legislation for the 2003 Session of the Arkansas General Assembly 3 NOTES: 1/29/03 memo to Dan Coody FAYETTEVIi.LE THE CITY OF FAYETTEVIIIE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dan Coody, Mayor From: Heather Woodruff, City Clerk Date: January 29, 2003 Attached is a copy of Resolution #08-03 supporting the concept of beverage container deposit legislation in the upcoming legislative session. The original will be filed with the City Clerk's office. cc: Nancy Smith, Internal Auditor XX Agenda Request • • For the Fayetteville City Council meeting of: December 3, 2002 FROM: Dan Coody Name Division Mayor's Office Department ACTION REQUIRED: Approve resolution of support for the sponsored by the Arkansas Municipal League during the 2003 beverage container deposit legislation being State Legislative Session COST TO CITY: na Cost of this Request Account Number Project Number Category/Project Budget Funds Used to Date Remaining Balance Category/Project Name Program Name Fund BUDGET REVIEW: _Budgeted Item _Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date City Aubmey ADA Coordinator at( Internal Auditor Purchasing Officer Date STAFF RECOMMENDATION: Approve resolution Division Head Date Administrative Services Dir %• or A'id .1e Mayor oC� Dale . 11(2.0 (Oz Dan{{(e ,/ 1P Date Date Date Date Cross Reference New Item: XXXXX Yes No Prev Ord/Res #: Orig Contract Date: 4 Page 2 _Description_ Comments: Budget Coordinator • • STAFF REVIEW FORM Meeting Date Reference Comments: Accounting Manager City Attomey Purchasing Officer ADA Coordinator Internal Auditor • FA YETTE VILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor and City Council From: Gary Dumas Date: Nov. 26, 2002 Subject: Beverage Container Deposit Legislation — Resolution of Support The Arkansas Municipal League is sponsoring legislation which would implement a beverage container deposit requirement. This resolution will indicate the support of the City of Fayetteville for this litter reduction legislation. • • RESOLUTION NO. A RESOLUTION SUPPORTING THE BEVERAGE CONTAINER DEPOSIT LEGISLATION IN THE UPCOMING LEGISLATIVE SESSION. WHEREAS, the roadsides of Arkansas are littered with empty beverage containers; and WHEREAS, this litter creates an image of Arkansas as a trashy, unkempt state; and WHEREAS, an aggressive beverage container recycling program can provide for enhanced litter enforcement as well as promote a change in the attitudes of those who litter; and WHEREAS, the experience of other states has shown that beverage container deposits are an effective means to reduce roadside litter; and, WHEREAS, legislation should be enacted to adopt an effective and aggressive beverage container recycling and litter reduction program to ensure the protection of Arkansas' abundant natural beauty and its title as the Natural State. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL O 'PI -EE CITY OF FAYETTEVILLE, ARKANSAS:i , . o Section 1. That the City Council of the City of F.20--eletr;kansas, hereby supports the Beverage Container Deposit legislation inTie pcoming sessio of the Arkansas General Assembly. PASSED and APPROVED this 3rd day of D �e. ber, 2002. / APROVED: t ,.: 1 ATTEST: By: EATHFR WOODRUFF, City Clerk DAN COODY, Mayor • • Subject: Beverage Container Deposit Bill The City of Fayetteville encourages the Municipal League to energetically support a beverage container deposit bill. The ad sid s of Arkansas are littered with beverage containers creating an imag rkansas as a tras kempt State. An aggressive program can provide for enhanced litter • .rcement as well as promote a change in the attitudes of those who litter Such a program is necessary if the State of Arkansas is to remain the Natural State and not become the Littered State. The State of Arkansas is a State that abounds in natural beauty. That beauty must be protected for ourselves and our children as well as for our growing tourism industry. Several other states have adopted effective and aggressive beverage container deposit legislation. These programs encourage reuse and recycling as well as litter control. These programs can provide funding for additional litter enforcement as well as litter pickup and removal. There are many legislative models from other States from which to pattern our legislation. An effective and efficient program can be patterned after other successes and can help assure the Arkansas will remain the Natural State. n Agenda Request • • • BEVERAGE CONTAINER A. 2. Page 1 For the Fayetteville City Council meeting of: January 21, 2003 FROM: Dan Coodv Mayor's Office - Name Division Department ACTION REQUIRED: Approve resolution of support for the beverage container deposit legislation being sponsored by the Arkansas Municipal League during the 2003 State Legislative Session COST TO CITY: na Cost of this Request Account Number Project Number Category/Project Budget Funds Used to Date Remaining Balance Category/Project Name Program Name Fund BUDGET REVIEW: _Budgeted Item Budget Manager Budget Adjustment Attached Administrative Services Director • CONTRACT/GRANT/LEASE REVIEW: Accounting Manager City Attorney Purchasing Officer GRANTING AGENCY: Date ADA Coordinator Date Date Internal Auditor Date Date Date STAFF RECOMMENDATION: Approve resolution Division Head Department Director Administrative Services Director Mayor Date Date Date Date Cross Reference New Item: X70001 Yes No Prey Ord/Res #: Orig Contract Date: BEVERAGE CONTAINER A. 2. Page 2 Page Description_ Comments: Budget Coordinator • • STAFF REVIEW FORM Meeting Date Reference Comments: I. • 1:4 Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor • • • FAYETTEVILLE • THE CITY OF FAYETTEVILLE, ARKANSAS • • DEPARTMENTAL CORRESPONDENCE To: Mayor and City Council From: Gary Dumas Date: January 3, 2003 Subject:' Beverage Container Deposit Legislation — Resolution of Support BEVERAGE CONTAINER A. 2. Page 3 The Arkansas Municipal League is sponsoring legislation which would implement a beverage container deposit requirement. This proposed bill is within the League's packet of proposed legislation on page 28. The propose language was prepared by the State Legislative Services Bureau. The City or the League may continue to propose additional modifications to the current language. This resolution will indicate the support of the City of Fayetteville for litter reduction laws and will indicate the City's continuing interest in implementing appropriate beverage container deposit regulation. BEVERAGE CONTAINER A. 2. Page 4 • • Proposed Legislation for the 2003 Session of the Arkansas General Assembly SPS TONIC/p44t QCITY HALLO 1111111 %MAKE pG' Arkansas Municipal League • • • • BEVERAGE CONTAINER A. 2. Page 5 FOREWARD This booklet contains drafts of proposed legislation for presentation to the 2003 Regular Session of the Arkansas General Assembly. The proposed legislation in this booklet will be presented to the 2003 Regular Session of the Arkansas General Assembly on behalf of the 4961 member municipalities of the Arkansas Municipal League. These'bllb" are a product of a lengthy and democratic process involving local officials as well as members of the general pub- lic. These bills were generated, reviewed, debated and amended by various municipal advisory councils, pursuant to resolutions passed at the League's 68th Annual Convention and during several League Executive Committee meetings. Throughout this process, an effort has been made to solicit as much input as possible from local offi- cials and municipalities. We encourage city and town officials to present these bills to their state senators and representatives. We thank the numerous municipal officials and legislators who listened, suggested and considered the ideas contained in this booklet. Finally, we encourage your suggestions and continuing input as we strive for a productive and positive legislative session. Don A. Zimmerman Mark R. Hayes Executive Director General Counsel 'There are a total of 500 incorporated cities and towns in Arkansas of which 496 are members of the Arkansas Municipal League. i 4 BEVERAGE CONTAINER A. 2. Page 6 • • INDEX An act to amend Arkansas Code § 26-35-902 to prohibit the use of the common fund or substantial benefit theory as a basis for awarding attorneys' fees in illegal exaction suits; and for other purposes An act to amend Arkansas Code § 14-200-101 to restructure municipal franchise fees assessed against electrical utilities; and for other purposes An act to amend Arkansas Code § 14-43-312 to darify the procedure for staggering the four-year terms for alderman in cities of the first class with less that fifty.thousand (50,000) inhabitants; and other purposes 1 3 6 An act to amend Arkansas Code § 14-44-103 to give cities of the second class the option of electing alderman to staggered four-year terms; and for other purposes 8 An act to amend Arkansas Code § 14-45-102 to provide incorporated towns with the option of electing alderman to staggered four-year terms; and for other purposes 10 An act to amend Arkansas Code § 14-137-108 pertaining to the selection of members of public facilities boards; and for other purposes 12 An act to repeal Arkansas Code § 16-92-113 pertaining to the distribution of fines in district and other lower courts; and for other purposes An act to repeal Arkansas Code § 27-14-313(c), which provides grounds for removing certain public officials for falling, refusing, or neglecting to comply with procedures governing the highway improvement fund; and for other purposes An act to amend Arkansas Code § 14-45-106(d), to eliminate the exemption of certain counties from the provisions governing the mayor's court in incorporated towns; and for other purposes An act amend Arkansas Code § 14-43-313 to remove language that has been superceded by Arkansas Code §§ 14-43-303, 14-43-314,14-43-315 and 14-43-316; and for other purposes • 13 • 14 15 17 An act to provide for direct deposits by the state into the Arkansas Local Trust; and for other purposes 18 n • BEVERAGE CONTAINER A. 2. Page 7 An act to amend Arkansas Code §•87-306 to provide public defender representation in city courts 20 en act to amend Arkansas Code § 5-5-101 to ensure that property seized by municipal law enforcement agencies and the moneys gained therefrom are deposited in those city's and town's treasuries; and for other purposes 22 An act to allow local governments to enter into nondisdosure agreements with the Arkansas Department of Finance and Administration regarding data • and information concerning local sales and use tax collection; and for other purposes An act to amend Arkansas Code § 8-4-103 to require notification of municipal governments regarding certain environmental violations occurring within the corporate limits and civil penalties being imposed; and for other purposes An act to amend Arkansas Code Title 8, Chapter 9 to add an additional subchapter to reduce litter; to facilitate beverage container recycling and require labeling of beverage containers; to assess a beverage container recycling and litter reduction fee and provide for distribution of the fee; to fund environmental education; to allow the Arkansas Department of Environmental Quality to permit redemption centers and adopt regulations; and for other purposes iii 24 25 • 28 BEVERAGE CONTAINER A. 2. Page 8 • • • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 • • BEVERAGE CONTAINER A. 2. Page 9 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. State of Arkansas 84th General Assembly Regular Session, 2003 By: Representative <NA> BE IT ENACTED A Bill For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE S 26-35-902 TO PROHIBIT THE USE OF THE COMMON FUND OR SUBSTANTIAL BENEFIT THEORY AS A BASIS FOR AWARDING ATTORNEYS' FEES IN ILLEGAL EXACTION SUITS; AND FOR OTHER PURPOSES. Subtitle AN ACT TO PROHIBIT THE USE OF THE COMMON FUND OR SUBSTANTIAL BENEFIT THEORY AS A BASIS FOR AWARDING ATTORNEYS' FEES IN ILLEGAL EXACTION SUITS. BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 111520020835 DRAFT HOUSE BILL SECTION 1. Arkansas Code S 26-35-902(a), authorizing the award of in illegal exaction suits, is amended to read as follows: the public policy of this state that a circuit and may, in meritorious litigation brought under Arkansas 16, $ 13, in which the court orders any county, city, illegally exacted by the attorneys' fees (a)(1)(A) It is eheneery eeufce court Constitution, Article or town to refund or return to taxpayers moneys a reasonable part of the recovery of the record and order the return or refund of the county, city, or town, apportion class members to attorneys of balance to the members of the class represented. (B) Subdivision (a)(1) of this section applies only to causes of action filed before the effective date of subdivision (a)(2) of this section. (2)(A) In suits brought under Arkansas Constitution, Article 16, 1 11152002AAF0835.1gr059 BEVERAGE CONTAINER A. 2. Page 10 • HB 1 S 13, a trial court may award reasonable attorneys' fees and costs to the 2 attorneys of record for a taxpayer and class members if the taxpayer is the 3 prevailing party and the trial court orders the taxing entity to refund to 4 the taxpayer and class members the taxes illegally exacted. 5 (B) The trial court may* base an award of attorneys' fees on 6 factors that include the experience of the attorney, time spent litigating 7 the issues, the amount in controversy and the result obtained, customary fees 8 for similar services in the locale, the novelty and difficulty of the issues. 9 and the amount refunded to the taxpayers. 10 (C) It is the specific intent of the General Assembly that 11 in cases brought under Arkansas Constitution. Article 16. S 13. attorneys' 12 fees shall only be awarded under S 26-35-902(a)(2) and that neither the 13 "common fund" theory nor the "substantial benefit" theory as adopted by the 14 Arkansas Supreme Court shall be used as a basis for.awarding attorneys' fees 15 in suits brought under Arkansas Constitution. Article 16, S 13. 16 (D) Subdivision (a)(2) of this section applies only. to 17 causes of action filed on or after the effective date of subdivision (a)(2) 18 of this section. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 2 11152002AAF0835.jgr059 • • • BEVERAGE CONTAINER A. 2. Page 11 Stricken language would be deleted from and underlloed language would be added to the law as It existed prior to thb session of the General Assembly. 1 State of Arkansas 100820021456 2 th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 8 For An Act To Be Entitled 9 AN ACT TO AMEND ARKANSAS CODE i 14-200-101 TO 10 RESTRUCTURE MUNICIPAL FRANCHISE FEES ASSESSED 11 AGAINST ELECTRICAL UTILITIES; AND FOR OTHER 12 PURPOSES. 13 14 Subtitle 15 TO RESTRUCTURE MUNICIPAL FRANCHISE FEES 16 ASSESSED AGAINST ELECTRICAL UTILITIES. 17 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code S 14-200-101(a), concerning the municipal 22 jurisdiction over utilities and utility franchise fees, is amended to read as 23 follows: 24 (a)(1) Acting by ordinance or resolution of its council,- or board of 25 directors,—e*, every city and town shall have jurisdiction to: 26 (A)111 Except as provided in f 23-4-201, determine the 27 quality and character of each kind of, and rates for, product or service to 28 be furnished or rendered by any non -electric public utility within the city 29 or town and all other terms and conditions, including a reasonable franchise 30 fee, upon which the non -electric public utility may be permitted to occupy 31 the streets, highways, or other public places within the municipality, and 32 the ordinance or resolution shall be deemed prima facie reasonable, provided 33 that no franchise fee shall exceed the higher of the amount in effect as to 34 that entity on January 1, 1997, or four and one-quarter percent (4/Z) of the 35 non -electric public utility's gross revenues, unless agreed to by the 36 affected utility or approved by the voters of the municipality; 3 10082002EAN1456.141F051 BEVERAGE CONTAINER A. 2. Page 12 1 (ii)(a) Except as provided in § 23-4-201, determine 2 the quality and character of each kind of, and rates for, product or service 3 to be furnished or rendered by any electric public utility within the city or 4 town and all other terms and conditions,' including a reasonable franchise 5 fee, upon which the electric public utility may be permitted to occupy the 6 streets, highways, or other public places within the municipality, and the 7 ordinance or resolution shall be deemed prima facie reasonable if assessed on 8 a kilowatt hour or a consumption basisfor electricity delivered, except that 9 a separate rate shall be employed for the customer classes: residential, 10 commercial, and, if applicable, industrial. 11 (b) The initial assessment rates per kilowatt 12 hour shall be determined by dividing the franchise fee revenue received by 13 the municipality for calendar year 2001. or another twelve-month period 14 agreed to by the electric public utility and the municipality, for each 15 customer class by the kilowatt hours delivered by the local distribution 16 utility to that customer class for the same period. 17 (c) The electric public utility distributing 18 electricity within the municipality shall be responsible for collecting and 19 remitting the fee. 20 (d) Once assessed, the franchise rate per 21 kilowatt hour shall not be increased except by agreement of the affected 22 distributing electric public utility and the municipal governing body, or by 23 the voters of the municipality approving a higher rate through a municipal - 24 wide election; 25 (B) Require of any public utility such additions and 26 extensions to its physical plant within the municipality as shall be 27 reasonable and necessary in the interest of the public and to designate the 28 location and nature of all such additions and extensions, the time within 29 which they must be completed, and all conditions under which they must be 30 constructed; 31 (C) Provide a penalty for noncompliance with the 32 provisions of any ordinance or resolution adopted pursuant to the provisions 33 of this chapter; 34 (D) Nothing herein shall limit the authority of the public 35 utility to collect from its customers residing in each municipality an amount 36 which equals the franchise fee assessed by the municipality on the public 4 10082002EAN1456.VJF051 • • BEVERAGE CONTAINER A. 2. Page 13 1 utility; and 2 (E) The term "public utility", for the purposes of this • 3 section, shall mean any electric, gas, sewer, or telephone company, and any 4 company providing similar services, except those currently excluded pursuant 5 to 5 23-1-101(9)(B)(ii); and provided further that, when franchise fees 6 assessed for basic local exchange services are based on revenues, such 7 revenues shall consist of revenues from basic local service, excluding, among 8 other things, extension, terminal equipment, toll, access, yellow pages, and " 1•4 9 other miscellaneous equipment revenues. 10 (2) Effective January 1, 1994, regardless of the date of filing, 11 no cause of action that challenges the right of a municipality to assess a 12 franchise fee against a public utility for permission to occupy the streets, 13 highways, or other public places within the municipality shall result in the 14 award of money damages; provided; however, that consistent with the 15 provisions of Arkansas Constitution, Article 16, 5 13, any cause of action 16 for illegal exaction found to be meritorious may result in the granting of 17 injunctive relief. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 • 5 10082002EAN1456.VJF051 BEVERAGE CONTAINER A. 2. Page 14 I. • Stricken language would be deleted from and underlined language would be added to the law as it existed .. prior to this session of the General Assembly. 1 State of Arkansas 100320021253 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 SENATE BILL 4 5 By: Senator <NA> 6 7 s For An Act To Be Entitled 9 AN ACT TO AMEND ARKANSAS CODE § 14-43-312 TO 10 CLARIFY THE PROCEDURE FOR STAGGERING THE FOUR- 11 YEAR TERMS FOR ALDERMEN IN CITIES OF THE FIRST 12 - CLASS WITH LESS THAN FIFTY THOUSAND(5o,000) 13 INHABITANTS; AND FOR OTHER PURPOSES. 14 15 Subtitle 16 TO CLARIFY THE PROCEDURES FOR STAGGERING 17 FOUR-YEAR TERMS FOR ALDERMEN IN FIRST 18 CLASS CITIES WITH A POPULATION UNDER 19 50,000. 20 21 _ 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 SECTION 1. Arkansas Code § 14-43-312 is amended to read as follows: 25 14-43-312. Aldermen in mayor -council cities of less than 50,000. 26 (a)(1) On the Tuesday following the first Monday in November 1966, and 27 every two (2) years thereafter, the qualified voters of all cities of the 28 first class having the mayor -council form of government with fewer than fifty 29 thousand (50,000) inhabitants shall elect two (2) aldermen from each ward foie* 30 a term of two (2) years, except that any city of the first class may, by 31 ordinance, refer the question to voters to elect one (1) two (2) alderman 32 from. each ward to four-year terms as more particularly set out in subdivision 33 (a)(2)(A) of this section. 34 (2)(A) Any city of the first class may, on or before February 1 35 of the election year when the procedure will go into effect, by ordinance 36 referred to and approved by the voters at the previous general election or at • 6 10032002EAN1253.VJF048 • BEVERAGE CONTAINER A. 2. Page 15 SB 1 a special election called for that purpose, elect one (1) two (2) alderman 2 from each ward to four-year terms, except for the initial terms as provided 3 in subdivision (a)(2)(B) of this section. 4 (B)(i) If this procedure is adopted by ordinance referred 5 to and approved by the voters of the city, the alderman representing position 6 number one from each ward will be elected to a four-year term at the next 7 general election. 8 (ii) The alderman representing position number two 9 from each ward will be elected to a an initial two-year term at the next 10 election, and thereafter will be elected to four-year terms, resulting in 11 staggered terms with one (1) alderman being elected to a four-year term from 12 each ward every two (2) years. 13 (b)(1) The eleptiep effietalo county board of election commissioners 14 shall designate the aldermen as alderman number 1 and alderman number 2. 15 (2)(A) A candidate for the office of alderman shall designate 16 the number of the alderman's office which the candidate is seeking at the 17 time he or she files as a candidate for the office. • 18 (B) When this designation has been made, the candidate 19 shall not be permitted thereafter to change the designation. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 • 7 10032002EAN1253.VJF048 BEVERAGE CONTAINER • A. 2. Page 16 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. 1 State of Arkansas 100820021452 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 SENATE BILL 4 5 By: Senator <NA> 6 7 8 For An Act To Be Entitled 9 AN ACT TO AMEND ARKANSAS CODE § 14-44-103 TO GIVE 10 CITIES OF THE SECOND CLASS THE OPTION OF ELECTING 11 ALDERMEN TO STAGGERED FOUR-YEAR TERMS; AND FOR 12 OTHER PURPOSES. 13 14 Subtitle 15 TO ALLOW FOR STAGGERED 4 -YEAR TERMS FOR 16 ALDERMEN IN CITIES OF THE SECOND CLASS.• 17 18 •19 BE IT ENACTED BY TUE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code 5 14=44-103(a),- concerning the election of 22 aldermen from cities of the second class, is amended to read as follows: 23 (a)(1)j�A The Except under subdivision (a)(3) of this section, the 24 qualified voters in cities of the second class shall, on the Tuesday 25 following the first Monday in November 1982, and every two (2) years 26 thereafter, elect for each of the wards of these cities two (2) aldermen, who 27 shall compose the city council. 28 (2)(A) The qualified electors of every city of the second class • 29 shall elect from each ward of the city two (2) aldermen, who shall be 30 designated as alderman number 1 and alderman number 2 of the ward. 31 - (B)(i) Each candidate for the office of alderman in any 32 election for this office shall designate, in writing, the number of the 33 alderman's office that he is seeking at the time that he files as a candidate 34 for the office. 35 (1i) When this designation shall have been made, the 36 candidate shall not be permitted thereafter to change his designation. 8 10082002EAN1452.VJF046 • • BEVERAGE CONTAINER A. 2. Page 17 • SB 1 (3)(A) The city council of a city of the second class may refer 2 to voters an ordinance on the question of electing the two (2) alderman for 3 each ward to four-year terms. 4 (B)(i) The voters shall vote on the ordinance at a general 5 election, or at a special election called for that purpose. 6 (11) However, the election to approve the four-year 7 election procedure shall be held no later than February 1 of the year of the 8 general election in which"the procedure is proposed to be effective, 9 (C)(i): If this procedure is adopted by ordinance 10 referred to and approved -by the voters of the city, the initial terms for 11 aldermen designated as alderman number 1 of each ward shall be a four-year 12 term at the next general election. 13 (11) The initial terms for aldermen designated ae 14 alderman number 2 of each ward shall be a two-year term at the next general 15 election, and thereafter shall be a four-year term, resulting in staggered 16 terms for each ward. 17 • 18 SECTION 2. Arkansas Code I 14-44-103(b)(1)(A), concerning the election 19 of aldermen from cities of the second class, is amended to read as follows: 20 (b)(1)(A) Candidates for the office of alderman in cities of the 21 second class shall reside in the ward from which they seek to be elected and 22 shall runfor election at large, except if the alderman is elected by ward 23 under subsection (c) of this section. All of the qualified electors of these 24 cities shall be entitled tovote in the election. 25 26 27 28 29 30 31 32 33 34 35 36 C J 9 10082002EAN1452.VJF046 BEVERAGE CONTAINER . • A. 2. Page 18 Stricken language would be deleted from and underlined language would be added to the law as it existed • prior to this session of the General Assembly. 1 State of Arkansas A 100820021444 7 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 8 For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE S 14-45-102 TO 10 PROVIDE INCORPORATED TOWNS WITH THE OPTION OF 11 ELECTING ALDERMEN TO STAGGERED FOUR-YEAR TERMS; 12 AND FOR OTHER PURPOSES. 13 14 Subtitle 15 TO ALLOW INCORPORATED TOWNS THE OPTION 16 OF ELECTING ALDERMEN TO STAGGERED FOUR - 17 YEAR TERMS 18 19 20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 22 SECTION 1. Arkansas Code S 14-45-102 is amended to read as follows: 23 14-45-102. Election of aldermen. 24 (a)(1) The Except as provided in subdivision (a)(2) of this section, 25 the qualified voters of incorporated towns shall, on the Tuesday following 26 the first Monday in November 1982, and every two (2) years thereafter, elect 27 five (5) aldermen. 28 (2)(A) The town council of a incorporated town may refer to 29 voters an ordinance on the question of electing the five (5) alderman to 30 four-year terms. 31 (B)(1) The voters shall vote on the ordinance at a general 32 election or at a special election called for that purpose. 33 (ii) However, the election to approve the four-year 34 election procedure shall be held no later than February 1 of the year of the 35 general election in which the procedure is proposed to be effective. 36 (C)(i) If this procedure is adopted by ordinance referred 10 - 10082002EAN1444.VJF045 • • BEVERAGE CONTAINER A. 2. Page 19 nn • L 1 2 3 4 5 6 7 8 I. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 to and approved by the voters of the town, the initial terms for aldermen representing positions numbered 1. 3 and 5 shall be a four-year term at the next general election. (ii) The initial terms for aldermen representing positions numbered 2 and 4 shall be a two-year term at the next general election, and thereafter shall be a four-year term, resulting in staggered terms. (b) The county board of election commissioners shall designate the d five (5) aldermen to alder -manic position numbers 1. 2. 3. 4 and 5. 11 10082002EAN1444.VJF045 ft BEVERAGE CONTAINER • A. 2. Page 20 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. • 1 State of Arkansas 120220021059 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 B For An Act To Be Entitled 9' AN. ACT TO AMEND.ARKANSAS CODE 5 14-137-108 10 PERTAINING TO TEE SELECTION OF MEMBERS OF PUBLIC 11 FACILITIES BOARDS;•AND FOR OTHER PURPOSES. 12 13 14 Subtitle 15 AN ACT PERTAINING TO THE SELECTION OF 16 MEMBERS OF PUBLIC FACILITIES BOARDS; AND 17 FOR OTHER PURPOSES. 18 _ _ . 19 20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 22 SECTION 1. Arkansas Code $ 14-137-108(a)(3)(B), pertaining to members 23 of public facilities boards in counties having a population of less than one 24 hundred fifty thousand (150,000) and in municipalities having a population of 25 less than one hundred thousand (100,000), is amended to read as follows: 26 (B) Successor members shall be elected by a majority of the 27 • is .-less the bylaws of the pubtie 28 faeilities beard or the erdthaae pursuant to whiph the publ faeilitieo 29 board was fened provides for an alternative _ ns of eleeting - -__ -- .r.. 30 members appointed by the mayor of the creating municipality or the county 31 ludge of the creating county. Successor members shall be subject to 32 confirmation by the governing body of the municipality or county unless the 33 ordinance that created the public facilities board provides for election by 34 the membership of the public facilities .board service area. 35 36 L 12 12022002MTB1059.jgrO52 L • BEVERAGE CONTAINER A. 2. Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law salt e:bted prior to this session of the General Assembly. State of Arkansas 120220021101 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO REPEAL ARKANSAS CODE 1 16-92-113 PERTAINING TO THE DISTRIBUTION OF FINES IN DISTRICT AND OTHER LOWER COURTS; AND FOR OTHER PURPOSES. Subtitle AN ACT TO REPEAL ARKANSAS CODE 1 16-92-113 PERTAINING TO THE DISTRIBUTION OF FINES IN DISTRICT AND OTHER LOWER COURTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 13 12022002MTB1101.Jgr053 BEVERAGE CONTAINER • • A. 2. Page 22 Stricken language would be deleted from and underlined language would be added to the law as It existed prior to this session of the General Assembly. 1 4th of Arkans A Bill DRAF1T 2 84th General Assembly 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 8 For An Act To Be Entitled AN ACT TO REPEAL ARKANSAS CODE 5 27-14-313(c), u..r 10 WHICH PROVIDES GROUNDS FOR REMOVING CERTAIN 11 PUBLIC OFFICIALS FOR FAILING,. REFUSING, OR 12 NEGLECTING TO COMPLY WITH PROCEDURES GOVERNING 13 THE HIGHWAY IMPROVEMENT FUND; AND FOR OTHER 14 PURPOSES. 15 16 Subtitle 17 AN ACT TO REPEAL ARKANSAS CODE 5 27-14- 18 313(c). 19 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE, OF ARKANSAS: 22 23 SECTION 1.. Arkansas Code 5 27-14-313(c) is repealed. 24 judicialor other 25 officer or —plor oyce readying,having custody of, such fine or forfeiture, 26e4tbeeadePeert0WY 27 with the provisions ofon Abell nstit.ae mi"Gadu-t in offiec and 28 shell be grounds for r ...l _ 29 30 31 32 33 34 35 36 14 09182002AAF1105.JgrO54 • • BEVERAGE CONTAINER A. 2. Page 23 Stricken language would be deleted from and underlined language would be added to the lawn It existed • prior to Ibis motion of the General Assembly. 1 State of Arkansas 091620021349 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 8 For An Act To Be Entitled • 9 � � AN ACT To AMEND ARKANSAS CODE 5 14-45-106(d), TO 10 ELIMINATE THE EXEMPTION OF CERTAIN COUNTIES FROM 11 THE PROVISIONS GOVERNING THE MAYOR'S COURT IN 12 INCORPORATED TOWNS; AND FOR OTHER PURPOSES. 13 14 Subtitle 15 AN ACT TO AMEND ARKANSAS CODE f 14-45- 16 106(d), TO ELIMINATE THE EXEMPTION OF 17 CERTAIN COUNTIES FROM THE PROVISIONS 18 GOVERNING THE MAYOR'S COURT IN INCORPORATED 19 TOWNS. 20 21 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 SECTION 1. Arkansas Code 114-45-106(d), regarding the exemption of 25 certain counties from the provisions governing the mayor's court in 26 incorporated towns, is amended to read as follows: 27 (d) The mayor shall: 28 (1) Perform all duties required e€-b4a by the ordinances of the 29 town, and appeals may be taken in the same manner as from decisions of 30 justices of the peace; and 31 (2)(A) Keep a docket and charge and collect the same fees as 32 justices of the peace are allowed for similar services. 33 (B)4i) In addition for his or her services as mayor, the 34 council may, by ordinance, make proper allowance for, and payment of, 35 compensation. 36 (ii) Clay, Craighead. Creeng, Aohley, and Qttoot • 15 09I62002MTB1349.Jgr060 BEVERAGE CONTAINER • • A. 2. Page 24 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 •r 16 09162002MTB1349.jgr060 9 • • BEVERAGE CONTAINER A. 2. Page 25 • 1 2 3 4 5 6 7 •.8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Strkkea language would be deleted from and underlined language would be added to the law silt existed prior to this session of the General Assembly. StateofAikansas 111420020912 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE f 14-43-313 TO REMOVE LANGUAGE THAT HAS BEEN SUPERCEDED BY ARKANSAS CODE SS 14-43-303, 14-43-314, 14-43-315 AND 14-43-316; AND FOR OTHER PURPOSES. Subtitle AN ACT TO REPEAL ARKANSAS CODE 1 14-43- 313 WHICH HAS BEEN SUPERCEDED BY OTHER LAWS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code S 14-43-313 is amended to read as follows: S 14-43-313. City clerks and attorneys generally. (b) The city clerk and city attorney in cities of the first class shall give the bond, perform the duties, and receive the salary as is prescribed by ordinance in each of these cities. 17 11142002JSE0912.jgr056 BEVERAGE CONTAINER • • A. 2. Page 26 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. 1 State of Arkansas 111420021614 • 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 • 7 8 For An Act To Be Entitled 9 AN ACT TO PROVIDE FOR DIRECT DEPOSITS BY THE 10 STATE INTO THE ARKANSAS LOCAL TRUST; AND FOR 11 OTHER PURPOSES. 12 13 14 Subtitle 15 AN ACT TO PROVIDE FOR DIRECT DEPOSITS BY 16 THE STATE INTO THE ARKANSAS LOCAL TRUST. •17 18 •19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 • 21 SECTION 1. (a) Notwithstanding any other provision of law, the 22 following funds remitted to municipalities by the State of Arkansas may be 23 deposited directly into a municipality's Arkansas Local Government Cash 24 Management Trust account, established pursuant to the Local Government Joint 25 Investment Trust Act, Arkansas Code S 19-8-301 et sea.: • 26 (1) The Municipal Aid Fund, as described in Arkansas Code S 19- 21I 28 (2) The special highway revenues made available by the Arkansas 29 Highway Revenue Distribution Law Arkansas Code 6 27-70-201; and 30 (3) The special revenues listed in the Revenue Classification 31 Law, Arkansas Code 5 19-6-201, including but not limited to those generated 32 by the Arkansas Gross Receipts Act of 1941 as amended, Arkansas Code S 26- 33 52-101 et sea. 34 (b)(1) Upon receipt of a resolution enacted by the governing body of a 35 municipality, the officials responsible for the transmittal of funds to the 36 municipality shall directly deposit the funds into the municipality's Local 0 18 111420023SE1614.jgr055 • • BEVERAGE CONTAINER A. 2. Page 27 1 Government Cash Management Trust account 2 (2) The resolution shall state the following: 3 (A) The name of the municipality: 4 (B) The funds to be transmitted: and 5 (C) The municipality's Local Government Cash Management 6 Trust account number. 7 (c)(1) Direct deposits as provided in this section shall continue to 8 be made until the state official or officials responsible for transmitting 9 the funds receive a copy of a resolution enacted by the governing body of the 10 municipality requesting the termination of the deposits. 11 (2) Upon receiving the funds1 they shall be transmitted as 12 provided by this section. 13 14 15 16 17. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 19 11142002JSE1614.]gr055 •c BEVERAGE CONTAINER • • A. 2. Page 28 Stricken language would be deleted from and underlined language would be added to the law as It existed prior to this session of the General Assembly. 1 State General nsas A Bill D 02RAFIT • 2 84th General Assembly 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 8 For An Act To Be Entitled • 9 AN ACT TO AMEND ARKANSAS CODE 5 16-87-306 TO 10 PROVIDE PUBLIC DEFENDER REPRESENTATION IN CITY 11 COURTS. 12 13 Subtitle 14 AN ACT TO AMEND ARKANSAS CODE 1 16-87- 15 306 TO PROVIDE PUBLIC DEFENDER 16 REPRESENTATION IN CITY COURTS. •17 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code 1.16-87-306 is amended to read as follows: 22 16-87-306. Duties. 23 The public defender in each judicial district shall have the following 24 duties; �. 25 (1)(A) To defend indigents within the district as determined by the 26 circuit, municipal, city, juvenile, probate, or chancery courts in the 27 district in all: 28 (1) Felony, misdemeanor, juvenile, guardianship, and. • 29 mental health cases; 30 (11) Traffic cases punishable by incarceration; and 31 (iii) Contempt proceedings punishable by incarceration. 32 (B) Except for city court cases and for juvenile representation 33 in family in need of services cases, in no case may a public defender be 34 appointed or the commission be responsible for payment where there is no risk 35 of incarceration or lose of liberty; and 36 (2)(A) In all capital cases where the death penalty is sought, two (2) 20 10292002LDHI118.JMBO37 • • BEVERAGE CONTAINER A. 2. Page 29 LT • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 attorneys shall be appointed, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought. (B) The Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission may be appointed, consistent with f 16-87-205. (C) It should be presumed for purposes of this section that the death penalty will be sought. 1"4 21 10292002LDH1118.JHBO37 BEVERAGE CONTAINER • • A. 2. Page 30 Stricken language would be deleted from and underlined language would be added to the law salt existed prior to this session of the General Assembly. 1 State of Arkansas 111420020905 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 8 For An Act To Be Entitled 9 AN ACT TO AMEND ARKANSAS CODE S 5-5-101 TO ENSURE 10 THAT PROPERTY SEIZED BY MUNICIPAL LAW ENFORCEMENT 11 AGENCIES AND THE MONEYS GAINED THEREFROM ARE 12 DEPOSITED IN THOSE CITY'S AND TOWN'S TREASURIES; 13 AND FOR OTHER PURPOSES. 14 15 16 Subtitle 17 TO ENSURE THAT PROPERTY SEIZED BY 18 MUNICIPAL LAW ENFORCEMENT AGENCIES AND 19 THE MONEYS GAINED THEREFROM ARE 20 DEPOSITED IN THOSE CITY'S AND TOWN'S 21 TREASURIES. 22 23 24 25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 27 SECTION 1. Arkansas Code S 5-5-101 is amended to read as follows: 28 5-5-101. Disposition of contraband and seized property. • 29 (a) All seized property shall be returned to the rightful owner or 30 possessor thereof except contraband owned by a defendant. 31 (b) Contraband includes: 32 (1) Any article possessed under circumstances prohibited by law; 33 (2) Any weapon or other instrumentality used in the commission or 34 attempted commission of a felony; and 35 (3) Any other article designatedcontraband by law. 36 (c) Contraband shall be destroyed, except that any article of 22 11142002JSEo905.Jgr057 BEVERAGE CONTAINER A. 2. Page 31 i . • t[B 1 contraband capable of lawful use may in the discretion of the court having 2 jurisdiction be retained for use by the law enforcement agency responsible 3 for the arrest or sold, and the proceeds disposed of, in the manner provided 4 by subsections (e), (f), and (g) of this section. 5 (d) Unclaimed seized property shall be sold at public auction to be 6 held by the sheriff of the eounty in whieh a.._e -took - prase, the chief 7 law enforcement officer of the county, city, or town law enforcement agency 8 having seized the property or the chief law enforcement officer's designee. 9 and the proceeds, less the cost of sale and any storage charges incurred in 10 preserving it, shall be paid into the general fund of the eeusty county, 11 city, or town whose law enforcement agency performed the seizure. 12 (e) The time and place of sale of seized property shall be advertised 13 for at least fourteen (14) days next before the day of sale by posting 14 written notice at the courthouse door and by publication in the form of at 15 least two (2) insertions, at least three (3) days apart, before the day of 16 sale in a weekly or daily newspaper published or customarily distributed in 17 the county. • 18 (f) All seized property to be sold at public sale shall be offered for 19 sale on the day for which it was advertised between 9:00 a.m. and 3:00 p.m., 20 publicly, by auction, and for ready money. The highest bidder shall be the 21 purchaser. 22 (g) The proceeds from any sale of seized property shall be delivered to 23 the county, city1 or town treasurer, as the case may be. to be held by him in 24 a separate account for a period of three (3) months. If, during this time, 25 any person establishes to the satisfaction of the treasurer that he was at 26 the time of sale the owner of any seized article sold as above provided, he 27 shall be paid the amount realized from sale of ouch property less the 28 expenses of the sale. All moneys in the separate account not claimed or paid 29 within the designated three-month period shall be paid into the general fund 30 of the county, city, or town whose law enforcement agency performed the 31 seizure. 32 33 34 35 36 • 23 11142002JSE0905.jgr057 BEVERAGE CONTAINER • . A. 2. Page 32 Stricken language would be deleted from and underlined language would be added to the law salt existed prior to this session of the General Assembly. 1 State of Arkansas 111420021611 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 8 For An Act To Be Entitled 1. . ::., • 9 AN ACT TO ALLOW LOCAL GOVERNMENTS TO ENTER INTO 10 NONDISCLOSURE AGREEMENTS WITH THE ARKANSAS 11 DEPARTMENT OF FINANCE AND ADMINISTRATION 12 REGARDING DATA AND INFORMATION CONCERNING LOCAL 13 SALES AND USE TAX COLLECTION; AND FOR OTHER 14 PURPOSES. 15 16 Subtitle 17 TO ALLOW LOCAL GOVERNMENTS TO ENTER INTO 18 A NONDISCLOSURE AGREEMENT WITH THE ____ 19 ARKANSAS DEPARTMENT OF FINANCE AND 20 ADMINISTRATION. 21 22 23 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: �. 25 26 SECTION 1. (a)(1) All cities and towns regardless of classification 27 may enter into nondisclosure agreements with the Arkansas Department of 28 Finance and Administration regarding the review and copying of information 29 about local sales and use tax collection within those cities and towns. 30 (2) The nondisclosure agreementsshall be applicable to 31 Department of Finance and Administration records that identify specific 32 business establishments within the city or town and the monetary collection 33 data related thereto. 34 (b) The Arkansas Department of Finance and Administration shall not 35 refuse to enter into the nondisclosure agreements by designating previously 36 collected, or collected in the future, local sales and use tax data as 24 11142002.SE1611.jgr058 t ( • BEVERAGE CONTAINER A. 2. Page 33 Stricken language would be deleted from and underlined language would be added to the law as It existed • prior to this union of the General Assembly. 1 State of Arkansas 100320021012 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 • 5 By: Representative <NA> 6 7 8 For An Act To Be Entitled 9 AN ACT TO AMEND ARKANSAS CODE j 8-4-103 TO 10 REQUIRE NOTIFICATION OF MUNICIPAL GOVERNMENTS 11 REGARDING CERTAIN ENVIRONMENTAL VIOLATIONS 12 OCCURING WITHIN TEE CORPORATE LIMITS AND CIVIL 13 PENALTIES BEING IMPOSED; AND FOR OTHER PURPOSES. 14 15 Subtitle 16 TO REQUIRE NOTIFICATION OF MUNICIPAL 17 GOVERNMENTS REGARDING ENVIRONMENTAL • 18 VIOLATIONS OCCURING WITHIN THE CITIES. 19 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 23 SECTION 1. Arkansas Code $ 8-4-103(d), concerning criminal and civil 24 penalties for violations of the Arkansas Water and Air Pollution Control Act, 25 is amended to read as follows: 26 (d)(1)(A) Before assessing a civil penalty under subsection (c) of 27 this section, the Director of the Arkansas Department of Environmental 28 Quality shall provide public notice of and a reasonable opportunity to 29 comment on the proposed issuance of such order. 30 (B) If the civil penalty is being assessed under an order 31 on consent, the order shall not be effective until thirty (30) days after the 32 publication of notice of such order. 33 (C) Notice shall also be given to each member of the 34 commission. 35 (D) If a civil penalty is being assessed for a violation 36 that occurs within the corporate limits of any municipality in Arkansas. a I 25 10032002EAN1012.VJF047 BEVERAGE CONTAINER • A. 2. Page 34 IB • 1 copy of the public notice shall be delivered to the chief executive officer 2 of the municipality in which the alleged violation occurred along with a copy 3 of any proposed order concerning the violation, and the municipality shall be 4 given a reasonable opportunity to comment on the proposed order. 5 (2) Notice of any administrative enforcement order shall contain 6 the following: 7 (A) The identity of the person or facility alleged to be 8 in violation; 9 (B) The location by city or county of the alleged 10 violation; 11 (C) A brief description by environmental media, i.e., 12 water, air, solid waste, hazardous waste, impacted by the alleged violation; 13 (D) The type of administrative action proposed, i.e., 14 consent order, notice of violation, emergency order; and 15 (E) The amount of penalty to be assessed. 16 (3)(A) Any person who comments on a proposed assessment of a 17 penalty under this subsection shall be given notice of any hearing held under 18 this subsection. • 19 (B) In any hearing held under thissubsection, such person 20 shall have a right to intervene upon timely application. 21 - _ (4)(A)-(i)--If no adjudicatory hearing is held on a proposed 22 order, any person who commented on the proposed order may petition the 23 commission to set aside the order .and provide an. adjudicatory hearing. 24 - (ii) A...petition to set aside such an order must be 25 filed with the commission within thirty (30) days of service of the order. 26 (B) If the evidence presented by the petitioner is 27 material and was not considered in the issuance of the order and the 28 commission finds in light of the, new evidence that the; order is not 29 reasonable and appropriate, it may set aside such order and provide a 30 hearing. 31 (C) If the.commission denies a hearing under this 32 subdivision, it shall provide to the petitioner notice of and its reasons for 33 such denial. The denial of such a hearing may be appealed pursuant to 5 8-4- 34 222. 35 (5) The commission, on its own initiative.,. may institute review 36 of any enforcement action taken by the director within thirty (30) days of M 26 10032002EAN1012.VJF047 • • BEVERAGE CONTAINER A. 2. Page 35 1 the effective date of such order. 2 3 4 5 6 7 • 8 9 10 11 12 13 14 15 16 17 • 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 • ftLi 27 10032002EAN1012.VJF047 BEVERAGE CONTAINER • A. 2. Page 36 C Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. 1 State of Arkansas 120420021145 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 • 8 For An Act To Be Entitled 9 AN ACT TO AMEND ARKANSAS CODE TITLE 8, CHAPTER 9 10 TO ADD AN ADDITIONAL SUBCHAPTER TO REDUCE LITTER; 11 TO FACILITATE BEVERAGE CONTAINER, RECYCLING AND 12 REQUIRE LABELING OF BEVERAGE CONTAINERS; TO 13 ASSESS A BEVERAGE CONTAINER RECYCLING AND LITTER 14 REDUCTION FEE AND PROVIDE FOR DISTRIBUTION OF THE 15 FEE; TO FUND ENVIRONMENTAL EDUCATION; TO ALLOW 16 THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY • 17 TO PERMIT REDEMPTION CENTERS AND ADOPT 18 REGULATIONS; AND FOR OTHER PURPOSES. • 19 20 Subtitle 21 TO PROVIDE FOR. BEVERAGE CONTAINER 22 RECYCLING AND TO REQUIRE LABELING OF 23 BEVERAGE CONTAINERS AND TO ASSESS A 24 BEVERAGE CONTAINER RECYCLING FEE. 25 26 27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OP ARKANSAS: 28 • 29 SECTION 1. Arkansas Code Title 8, Chapter 9, is amended to add an 30 additional subchapter to read as follows: 31 Subchapter 6. Beverage Container Recycling. • 32 33 8-9-601. Title. 34 This subchapter shall be known and may be cited as the "Beverage 35 Container Recycling and Litter Reduction Act". 36 • 28 12042002EAN1145.VJF050 • • BEVERAGE CONTAINER A. 2. Page 37 HB • 1 8-9-602. Legislative findings and purpose. 2 (a) The General Assembly declares that in order for the State of 3 Arkansas to meet the municipal waste reduction goal established by 6 8-9-101. 4 it is imperative that new opportunities for recycling, particularly in rural 5 areas of the state, be developed. 6 (b) The General Assembly finds that containers, especially beverage 7 containers, are the most valuable and recyclable commodity in the waste 8 stream and that the discarding of these containers is an unnecessary addition 9 to the state's litter problem and its already overburdened solid waste 10 disposal system. 11 (c) The General Assembly further finds that it is in the public 12 interest to establish a program for the recycling of containers that: 13 (1) Reduces the volume of waste and litter: 14 (2) Increases opportunities for recycling and provides financial 15 incentives for consumers to recycle; 16 (3) Builds upon existing recycling infrastructure: 17 (4) Stimulates statewide creation of new Jobs and wider • 18 employment in the recycling industry: and 19 (5) Helps fund environmental education. 20 21 8-9-603. Definitions. 22 As used in this subchapter: 23 (1)(A) "Beverage" means any of the following products in liquid form 24 intended for human consumption; 25 (i) Beer, ale, and other malt beverages; 26 (ii) Wine coolers and distilled spirit coolers; 27 (iii) Coffee and tea drinks; 28 (iv) Carbonated water, including soda and carbonated 29 mineral waters;. 30 (vv) Carbonated soft drinks; and 31 (vi) Bottled water, sport drinks, one hundred percent 32 (1002) fruit Juices, and other juice drinks to which carbonation has been 33 added; 34 (B) "Beverage" does not mean wine or wine from which alcohol has 35 been removed in whole or in part, whether or not sparkling or carbonated; 36 (2) "Beverage container" means a nonrefillable bottle, Jar, or other • 29 12042002EAN1145.VJP050 BEVERAGE CONTAINER • • , A. 2. Page 38 1 container made of glass, aluminum, metal, or plastic that is sealed by a 2 manufacturer and that, at the time of sale, contains no more than forty (40) 3 nor less than six and five -tenths (6.5) ounces of a beverages 4 (3) "Consumer" means a person who purchases a beverage in a beverage 5 container for final use or consumption; 6 (4) "Dealer" means a person in this state who engages in the sale of 7 beverages in beverage containers to a consumer whether or not the product is 8 sold in a vending machine: 1.9 ,;,, (5) "Department" means the Arkansas Department of Environmental 10 Quality; 11 (6)(A) "Distributor" means a person who engages in the sale of 12 beverages in beverage containers to a dealer in this state; and 13 (B) Includes a manufacturer who engages in the sale of beverages 14 in this states 15 (7) "Empty returnable containers" means beverage containers that 16 contain nothing except the residue of the original contents and are labeled 17 according to the requirements of this subchapters 18 (8) "Handling fee" means a per beverage container payment to 19 redemption centers: 20 (9) "In this state" means within the exterior limits of the State of 21 Arkansas and includes all territory within these limits owned or ceded to the 22 United States of Americas 23 (10) "Manufacturer" means a person who bottles or otherwise fills 24 containers for sale to distributors or dealers in this states 25 (11) "Nonrefillable" means a beverage container that, after being used 26 by a consumer, is not to be reused as a beverage container by a manufacturer: 27 (12) "Person" means an individual, partnership, corporation, or other 28 legal entity; 29 (13) "Recycling" means the systematic collection, sorting. 30 decontaminating, and returning of waste materials to commerce as commodities 31 for use or exchange; and 32 (14) "Redemption center" means a place of business that: 33 (A) Accepts empty returnable beverage containers from any 34 person; 35 (B) Recycles at least one (1) other commodity: 36 (C) Is approved by the county quorum court; and 30 12042002EAN1145.VJF050 : C • • • BEVERAGE CONTAINER A. 2. Page 39 I. xB 1 (D) Is certified by the department as a redemption center: and 2 (15) "Return value" means the amount paid to any person who returns an 3 empty returnable container to a redemption center 4 5 8-9-604. Labeling required. 6 Beginning January 1. 2004, it shall be unlawful for any dealer to sell 7 beverages in a beverage container in this state that is not labeled as 8 required in this subchapter. • 1.... 9. 10 8-9-605. Beverage Container Recycling and Litter Reduction Fee 11 (a) Beginning January 1. 2004, a manufacturer who fills beverage 12 containers for consumption in the state, a distributor who imports beverages 13 into the state for consumption in this state, and a dealer who imports 14 beverages from an out-of-state distributor into the state for consumption in 15 this state, shall remit a "beverage container recycling and litter reduction 16 fee" of five cents (Sc) per beverage container to the Department of Finance 17 and Administration and shall clearly label all beverage containers with the 18 word "Arkansas" or "AR" and the return value of the beverage containers In 19 clearly visible type on the beverage container by embossing or imprinting, or 20 using a stamp on the normal product label. 21 (b)(1) A manufacturer, distributor, or dealer shall inform consumers 22 that beverages are sold in returnable beverage containers by placing a sign 23 a shelf label, or both in close proximity to any sales display of beverage 24 containers. 25 (2) The sign or shelf label shall: 26 (A) State the amount of return value for each beverage 27 containers 28 (B) State that all labeled beverage containers as 29 described in this subsection are returnable: and 30 (C) List all the redemption centers in the county. 31 32 8-9-606. Return value. 33 (a) Every beverage container sold or offered for sale in this state 34 shall have a return value of at least three cents (30) per beverage 35 container. 36 (b) Each beverage container shall have the return value clearly 31 12042002EAN1145.VJF050 BEVERAGE CONTAINER • . A. 2. Page 40 I HB 1 indicated on the beverage container. 3 8-9-607. Redemption centers. 4 (a) Beginning January 1 2004 each county having responsibility to 5 establish a recyclable materials collection center, as mandated by S 8-6-720, 6 shall establish and operate on its own or through contract or other agreement 7 with another person or persons, one (1) or more redemption centers where 8 persons may return empty beverage containers and receive the refund value of 9 the beverage containers. 10 (b) In addition to the redemption centers under subsection (a) of this 11 section a redemption center may be established by a person, a county or 12 local government a regional solid waste management district, or any other 13 governmental entity operating a solid waste management program if approved by 14 the county quorum court of the county and the regional solid waste management 15 district in which the center will be located, and if the center is certified 16 by the Arkansas Department of Environmental Quality. 17 (c)(1) A consumer may donate recyclable beverage containers through 18 the community's curbside recycling program instead of taking the containers 19 to a redemption center. PO (2) However, the curbside recycling program, instead of the 21 consumer, will receive the return value for the containers that are recovered 22 from the waste stream and presented to a redemption center. 23 24 8-9-608. Return value. • Y5 (a)(1) A redemption center shall accept an empty returnable container 26 from any erson and shall pay to the person.its full return value. 47 (2) The redemptioncenter may refuse to pay the return value 28 for: 29 (A) Broken bottles: 30 (B) Any beverage container which is not empty or contains 31 a significant amount of foreign material; 32 (C) Any beverage container that is not labeled as provided 33 in this subchapter; or 34 (D) Any beverage container whose label or embossing cannot 35 be discerned. 36 (b) An operator of a redemption center may limit the total number of 32 12042002EAN1145.VJF050 • • BEVERAGE CONTAINER A. 2. Page 41 I beverage containers that the operator will accept from a person in a business 2 day, but the limit shall not be less than two hundred and fifty (250) 3 beverage containers 5 8-9-609. Beverage Container Recycling and Litter Reduction Grant Fund 6 (a) The Department of Finance and Administration shall deposit the 7 proceeds of the Beverage Container Recycling and Litter Reduction Fee in the 8 State Treasury as special revenues and shall credit the proceeds to a special '9 fund•'created on the books of the Treasurer of State the Auditor of State 10 and the Chief Fiscal Officer of the State to be known as the "Beverage 11 Container Recycling and Litter Reduction Grant Fund." 12 (b) In addition to all moneys appropriated by the General Assembly to 13 the fund, there shall be deposited in the fund: 14 (1) Any federal government moneys designated to the fund& 15 (2) Any moneys received by the state as a gift or donation to 16 the funds 17 (3) Fines from violators; and 18 (4) All interest upon money deposited in the fund • 19 (c)(1) The fund shall be administered by the Arkansas Department of 20 Environmental Duality. 21 (2) The department shall authorize grant expenditures from the 22 fund according to the provisions of this subchapter. 23 (d) The collection of fees under this section shall be sublect to the 24 Arkansas Tax Procedure Act 25 26 8-9-610. Fee collection. 27 (a) The fee on beverage containers that contain beer, ale or other 28 malt beverages shall be reported and paid in the manner prescribed b 29 401. 30 (b) The fee on beverage containers that contain wine coolers or 31 distilled spirits coolers shall be reported and paid in the manner prescribed 32 by If 3-7-701 and 3-7-702, 33 (c) The fee on beverage containers that contain coffee or tea drinks 34 soft drinks, nonalcoholic carbonated drinks in liquid form intended for human 35 consumption, bottled water, sport drinks one hundred Percent (100%) fruit 36 juices, and other juice drinks to which carbonation has been added shall be 33 12042002EAN1145.VJF050 BEVERAGE CONTAINER • • A. 2. Page 42 1 reported and paid in the manner prescribed by the Arkansas Soft Drink Tax 2 Act. 3 (d) The Director of the Department of Finance and Administration shall 4 prescribe the content of the fee reporting form. 5 6 8-9-611. Distribution of funds. 7 (a)(1) By the twentieth (20th) day of each month, the county judge of 8 each county shall submit a report from each redemption center in the county 9 to the Arkansas Department of Environmental Quality. 10 (2) The department may develop a form for this report. 11 (3) Upon receiving the monthly report, the Arkansas Department 12 of Environmental Quality shall distribute funds from the Beverage Container 13 Recycling and Litter Reduction Fund as follows: 14 (A) To each county general fund as an administrative fee. 15 forty-five hundredths of a cent (0.45C) per beverage container for each 16 container returned in the county; 17 (B) To each redemption center as reimbursement for return 18 value payments to the person returning the containers, three cents (3C) Per • 19 beverage container returned at the redemption centers and 20 (C) To each redemption center as reimbursement for other 21 expenses in handling containers, one and two -tenths of a cent (1.2C) Per 22 beverage container returned at the redemption center. 23 (b) Of the total fee for each beverage container, fifteen hundredths 24 of a cent (0.15c) Per returned beverage container shall be transferred to the 25 Department of Finance and Administration for collection of the fees and two- . 26 tenths of a cent (0.2C) per returned beverage container shall be retained by 27 the Arkansas Department of Environmental Quality. 28 (c) After the end of each fiscal year, any unallocated and unclaimed 29 fund balances in the Beverage Container Recycling and Litter Reduction Grant 30 Fund shall be reallocated annually as follows: 31 (1) There shall be transferred to the Keep Arkansas Beautiful 32 Fund Account to be used by the Keep Arkansas Beautiful Commission an amount 33 equal to the greater of one hundred thousand dollars (S100,000) or ten 34 percent (102) of unallocated and unclaimed funds, but the amount shall not 35 exceed two hundred thousand dollars (S200,000): and 36 (2) The remainder shall be used as follows: 0 34 12042002EAR1145.VJF050 • BEVERAGE CONTAINER A. 2. Page 43 J 0 a:. 1 2 five percent (A) For (652) of the cleanup of illegal remaining available 4umps, an amount equal to sixty funds or two million dollars 3 ($2,000,000). whichever is less: and 4 (B) For operation, recycling, environmental education, and 5 to assist in any other responsibilities of the department, no less than 6 thirty five percent (352) of the remaining available funds. 7 8 8-9-612. Violations, 9 (a) Any person found to be in violation of this subchapter shall be 10 subject to a civil penalty of not more than one thousand dollars ($1,000) for 11 an initial offense and not more than five thousand dollars ($5,000) for a 12 second or each subsequent offense. 13 (b) Any distributor, manufacturer, or dealer who fails to pay to the 14 Department of Finance and Administration an amount that is less than the 15 dollar amount required by this subchapter shall be subject to a civil penalty 16 of not more than five thousand dollars ($5,000) for an initial offense and 17 not more than ten thousand dollars (S10,000) for a second or each subsequent 18 offense. 19 (c) All civil penalties collected under this section shall be 20 deposited in the Beverage Container Recycling and Litter Reduction Grant 21 Fund. 22 23 8-9-613. Rules and regulations, 24 (a) The Arkansas Department of Environmental Quality may promulgate 25 rules and regulations and may charge fees as necessary for the implementation 26 of this subchapter. 27 (b) Any fees shall be set by regulation. 28 29 SECTION 2. The act shall be effective January 1. 2004. 30 31 32 33 34 35 36 35 12042002EAN1145.VJF050 BEVERAGE CONTAINER • A. 2. Page 44 • 1. A Proposed Legislation for the 2003 Session of the Arkansas General Assembly S N►UN1C/p (,p'� Arkansas Municipal League FOREWARD This booklet contains drafts of proposed legislation for presentation to the 2003 Regular Session of the Arkansas General Assembly. The proposed legislation in this booklet will be presented to the 2003 Regular Session of the Arkansas General Assembly on behalf of the 4961 member municipalities of the Arkansas Municipal League. There "bills" are a product of a lengthy and democratic process involving local officials as well as members of the general pub• lic. These bills were generated, reviewed, debated and amended by various municipal advisory councils, pursuant to resolutions passed at the League's 68th Annual Convention and during several League Executive Committee meetings. Throughout this process, an effort has been made to solicit as much input as possible from local offi- cials and municipalities. We encourage city and town officials to present these bills to their state senators and representatives. We thank the numerous municipal officials and legislators who listened, suggested and considered the ideas contained in this booklet. Finally, we encourage your suggestions and continuing input as we strive for a productive and positive legislative session. Don A. Zimmerman Executive Director Mark R. Hayes General Counsel 'There are a total of 500 incorporated cities and towns in Arkansas of which 496 are members of the Arkansas Municipal League. •I1.1�]�1:1 An act to amend Arkansas Code § 26-35-902 to prohibit the use of the common fund or substantial benefit theory as a basis for awarding attorneys' fees in illegal exaction suits; and for other purposes An act to amend Arkansas Code § 14-200-101 to restructure municipal franchise fees assessed against electrical utilities; and for other purposes An act to amend Arkansas Code § 14-43-312 to clarify the procedure for staggering the four-year terms for alderman in cities of the first class with less that fifty thousand (50,000) inhabitants; and other purposes An act to amend Arkansas Code § 14-44-103 to give cities of the second class the option of electing alderman to staggered four-year terms; and for other purposes An act to amend Arkansas Code § 14-45-102 to provide incorporated towns with the option of electing alderman to staggered four-year terms; and for other purposes 10 An act to amend Arkansas Code § 14-137-108 pertaining to the selection of members of public facilities boards; and for other purposes 12 An act to repeal Arkansas Code § 16-92-113 pertaining to the distribution of fines in district and other lower courts; and for other purposes 13 An act to repeal Arkansas Code § 27-14-313(c), which provides grounds for removing certain public officials for failing, refusing, or neglecting to comply with procedures governing the highway improvement fund; and for other purposes 14 An act to amend Arkansas Code § 14-45-106(d), to eliminate the exemption of certain counties from the provisions governing the mayor's court in incorporated towns; and for other purposes 15 An act amend Arkansas Code § 14-43-313 to remove language that has been superceded by Arkansas Code §§ 14-43-303, 14-43-314, 14-43-315 and 14-43-316; and for other purposes 17 An act to provide for direct deposits by the state into the Arkansas Local Trust; and for other purposes 18 An act to amend Arkansas Code § 16-87-306 to provide public defender representation in city courts 20 An act to amend Arkansas Code § 5-5-101 to ensure that property seized by municipal law enforcement agencies and the moneys gained therefrom are deposited in those city's and town's treasuries; and for other purposes 22 An act to allow local governments to enter into nondisclosure agreements with the Arkansas Department of Finance and Administration regarding data and information concerning local sales and use tax collection; and for other purposes 24 An act to amend Arkansas Code § 8-4-103 to require notification of municipal governments regarding certain environmental violations occurring within the corporate limits and civil penalties being imposed; and for other purposes 25 An act to amend Arkansas Code Title 8, Chapter 9 to add an additional subchapter to reduce litter; to facilitate beverage container recycling and require labeling of beverage containers; to assess a beverage container recycling and litter reduction fee and provide for distribution of the fee; to fund environmental education; to allow the Arkansas Department of Environmental Quality to permit redemption centers and adopt regulations; and for other purposes iii 28 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. 1 State of Arkansas 111520020835 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 8 For An Act To Be Entitled 9 AN ACT TO AMEND ARKANSAS CODE § 26-35-902 TO 10 PROHIBIT THE USE OF THE COMMON FUND OR 11 SUBSTANTIAL BENEFIT THEORY AS A BASIS FOR 12 AWARDING ATTORNEYS' FEES IN ILLEGAL EXACTION 13 SUITS; AND FOR OTHER PURPOSES. 14 is Subtitle 16 AN ACT TO PROHIBIT THE USE OF THE COMMON 17 FUND OR SUBSTANTIAL BENEFIT THEORY AS A 18 BASIS FOR AWARDING ATTORNEYS' FEES IN 19 ILLEGAL EXACTION SUITS. 20 21 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 SECTION 1. Arkansas Code § 26-35-902(a), authorizing the award of 25 attorneys' fees in illegal exaction suits, is amended to read as follows: 26 (a) 1 A It is the public policy of this state that a circuit and 27 chancery eoucce court may, in meritorious litigation brought under Arkansas 28 Constitution, Article 16, § 13, in which the court orders any county, city, 29 or town to refund or return to taxpayers moneys illegally exacted by the 30 county, city, or town, apportion a reasonable part of the recovery of the 31 class members to attorneys of record and order the return or refund of the 32 balance to the members of the class represented. 33 (B) Subdivision (a)(1) of this section applies only to 34 causes of action filed before the effective date of subdivision (a)(2) of 35 this section. 36 (2)(A) In suits brought under Arkansas Constitution, Article 16, I 11152002AAF0835.jgrOS9 i9 J HB 1 § 13, a trial court may award reasonable attorneys' fees and costs to the 2 attorneys of record for a taxpayer and class members if the taxpayer is the 3 prevailing party and the trial court orders the taxing entity to refund to 4 the taxpayer and class members the taxes illegally exacted. 5 (B) The trial court may base an award of attorneys' fees on 6 factors that include the experience of the attorney, time spent litigating 7 the issues, the amount in controversy and the result obtained, customary fees 8 for similar services in the locale, the novelty and difficulty of the issues, 9 and the amount refunded to the taxpayers. 10 (C) It is the specific intent of the General Assembly that 11 in cases brought under Arkansas Constitution, Article 16, S 13, attorneys' 12 fees shall only be awarded under S 26-35-902(a)(2) and that neither the 13 common fund" theory nor the "substantial benefit" theory as adopted by the 14 Arkansas Supreme Court shall be used as a basis for awarding attorneys' fees 15 in suits brought under Arkansas Constitution Article 16, S 13. 16 (D) Subdivision (a)(2) of this section applies only to 17 causes of action filed on or after the effective date of subdivision (a)(2) 18 of this section. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 2 11152002AAF0835.jgr059 I' I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. State of Arkansas 100820021456 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE S 14-200-101 TO RESTRUCTURE MUNICIPAL FRANCHISE FEES ASSESSED AGAINST ELECTRICAL UTILITIES; AND FOR OTHER PURPOSES. Subtitle TO RESTRUCTURE MUNICIPAL FRANCHISE FEES ASSESSED AGAINST ELECTRICAL UTILITIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code S 14-200-101(a), concerning the municipal jurisdiction over utilities and utility franchise fees, is amended to read as follows: (a)(1) Acting by ordinance or resolution of its councilr or board of directors, or onion, every city and town shall have jurisdiction to: (A)(i) Except as provided in S 23-4-201, determine the quality and character of each kind of, and rates for, product or service to be furnished or rendered by any non -electric public utility within the city or town and all other terms and conditions, including a reasonable franchise fee, upon which the non -electric public utility may be permitted to occupy the streets, highways, or other public places within the municipality, and the ordinance or resolution shall be deemed prima facie reasonable, provided that no franchise fee shall exceed the higher of the amount in effect as to that entity on January 1, 1997, or four and one -quarter percent (4k2) of the non -electric public utility's gross revenues, unless agreed to by the affected utility or approved by the voters of the municipality; s 3 10082002 E AN 1456. V J F051 JIB 1 (ii)(a) Except as provided in S 23-4-201, determine 2 the quality and character of each kind of, and rates for, product or service 3 to be furnished or rendered by any electric public utility within the city or 4 town and all other terms and conditions, including a reasonable franchise 5 fee, upon which the electric public utility may be permitted to occupy the 6 streets, highways, or other public places within the municipality, and the 7 ordinance or resolution shall be deemed prima facie reasonable if assessed on 8 a kilowatt hour or a consumption basis for electricity delivered, except that 9 a separate rate shall be employed for the customer classes: residential, 10 commercial, and, if applicable, industrial. 11 (b) The initial assessment rates per kilowatt 12 hour shall be determined by dividing the franchise fee revenue received by 13 the municipality for calendar year 2001, or another twelve-month period 14 agreed to by the electric public utility and the municipality, for each 15 customer class by the kilowatt hours delivered by the local distribution 16 utility to that customer class for the same period. 17 (c) The electric public utility distributing 18 electricity within the municipality shall be responsible for collecting and 19 remitting the fee. 20 (d) Once assessed, the franchise rate per 21 kilowatt hour shall not be increased except by agreement of the affected 22 distributing electric public utility and the municipal governing body, or by 23 the voters of the municipality approving a higher rate through a municipal - 24 wide election; 25 (B) Require of any public utility such additions and 26 extensions to its physical plant within the municipality as shall be 27 reasonable and necessary in the interest of the public and to designate the 28 location and nature of all such additions and extensions, the time within 29 which they must be completed, and all conditions under which they must be 30 constructed; 31 (C) Provide a penalty for noncompliance with the 32 provisions of any ordinance or resolution adopted pursuant to the provisions 33 of this chapter; 34 (D) Nothing herein shall limit the authority of the public 35 utility to collect from its customers residing in each municipality an amount 36 which equals the franchise fee assessed by the municipality on the public 4 10082002EAN1456.VJF051 II Ill: 1 utility; and 2 (E) The term "public utility", for the purposes of this 3 section, shall mean any electric, gas, sewer, or telephone company, and any 4 company providing similar services, except those currently excluded pursuant S to § 23-1-101(9)(B)(ii); and provided further that, when franchise fees 6 assessed for basic local exchange services are based on revenues, such 7 revenues shall consist of revenues from basic local service, excluding, among 8 other things, extension, terminal equipment, toll, access, yellow pages, and 9 other miscellaneous equipment revenues. 10 (2) Effective January 1, 1994, regardless of the date of filing, 11 no cause of action that challenges the right of a municipality to assess a 12 franchise fee against a public utility for permission to occupy the streets, 13 highways, or other public places within the municipality shall result in the 14 award of money damages; provided; however, that consistent with the 15 provisions of Arkansas Constitution, Article 16, 5 13, any cause of action 16 for illegal exaction found to be meritorious may result in the granting of 17 injunctive relief. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 I 5 10082002EAN1456.VJF051 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as It existed prior to this session of the General Assembly. State of Arkansas 100320021253 84th General Assembly A Bill DRAFT Regular Session, 2003 SENATE BILL By: Senator <NA> For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE 5 14-43-312 TO CLARIFY THE PROCEDURE FOR STAGGERING THE FOUR- YEAR TERMS FOR ALDERMEN IN CITIES OF THE FIRST CLASS WITH LESS THAN FIFTY THOUSAND (50,000) INHABITANTS; AND FOR OTHER PURPOSES. Subtitle TO CLARIFY THE PROCEDURES FOR STAGGERING FOUR-YEAR TERMS FOR ALDERMEN IN FIRST CLASS CITIES WITH A POPULATION UNDER 50,000. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code S 14-43-312 is amended to read as follows: 14-43-312. Aldermen in mayor -council cities of less than 50,000. (a)(1) On the Tuesday following the first Monday in November 1966, and every two (2) years thereafter, the qualified voters of all cities of the first class having the mayor -council form of government with fewer than fifty thousand (50,000) inhabitants shall elect two (2) aldermen from each ward for a term of two (2) years, except that any city of the first class may, by ordinance, refer the question to voters to elect one (1) two (2) alderman from each ward to four-year terms as more particularly set out in subdivision (a)(2)(A) of this section. (2)(A) Any city of the first class may, on or before February 1 of the election year when the procedure will go into effect, by ordinance referred to and approved by the voters at the previous general election or at R, 10032002 EAN 1253. V JF048 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 M a special election called for that purpose, elect one (1) two (2) alderman from each ward to four-year terms, except for the initial terms as provided in subdivision (a)(2)(B) of this section. (B)(i) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the alderman representing position number one from each ward will be elected to a four-year term at the next general election. (ii) The alderman representing position number two from each ward will be elected to a an initial two-year term at the next election, and thereafter will be elected to four-year terms, resulting in staggered terms with one (1) alderman being elected to a four-year term from each ward every two (2) years. (b)(1) The election off icicle county board of election commissioners shall designate the aldermen as alderman number 1 and alderman number 2. (2)(A) A candidate for the office of alderman shall designate the number of the alderman's office which the candidate is seeking at the time he or she files as a candidate for the office. (B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation. 7 10032002EAN1253.VJF048 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. 1 State of Arkansas 100820021452 70 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 SENATE BILL 4 5 By: Senator <NA> 6 7 8 For An Act To Be Entitled 9 AN ACT TO AMEND ARKANSAS CODE 6 14-44-103 TO GIVE 10 CITIES OF THE SECOND CLASS THE OPTION OF ELECTING 11 ALDERMEN TO STAGGERED FOUR-YEAR TERMS; AND FOR 12 OTHER PURPOSES. 13 14 Subtitle 15 TO ALLOW FOR STAGGERED 4 -YEAR TERMS FOR 16 ALDERMEN IN CITIES OF THE SECOND CLASS. 17 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code § 14-44-103(a), concerning the election of 22 aldermen from cities of the second class, is amended to read as follows: 23 (a)(1)(A) The Except under subdivision (a)(3) of this section, the 24 qualified voters in cities of the second class shall, on the Tuesday 25 following the first Monday in November 1982, and every two (2) years 26 thereafter, elect for each of the wards of these cities two (2) aldermen, who 27 shall compose the city council. 28 (2)(A) The qualified electors of every city of the second class 29 shall elect from each ward of the city two (2) aldermen, who shall be 30 designated as alderman number 1 and alderman number 2 of the ward. 31 (B)(i) Each candidate for the office of alderman in any 32 election for this office shall. designate, in writing, the number of the 33 alderman's office that he is seeking at the time that he files as a candidate 34 for the office. 35 (11) When this designation shall have been made, the 36 candidate shall not be permitted thereafter to change his designation. 8 10082002EAN1452.VJF046 clii 1 (3)(A) The city council of a city of the second class may refer 2 to voters an ordinance on the question of electing the two (2) alderman for 3 each ward to four-year terms. 4 (B)(i) The voters shall vote on the ordinance at a general 5 election, or at a special election called for that purpose. 6 (ii) However, the election to approve the four-year 7 election procedure shall be held no later than February 1 of the year of the 8 general election in which the procedure is proposed to be effective. 9 (C)(i) If this procedure is adopted by ordinance 10 referred to and approved by the voters of the city, the initial terms for 11 aldermen designated as alderman number 1 of each ward shall be a four-year 12 term at the next general election. 13 (11) The initial terms for aldermen designated as 14 alderman number 2 of each ward shall be a two-year term at the next general 15 election, and thereafter shall be a four-year term, resulting in staggered 16 terms for each ward. 17 18 SECTION 2. Arkansas Code § 14-44-103(b)(1)(A), concerning the election 19 of aldermen from cities of the second class, is amended to read as follows: 20 (b)(1)(A) Candidates for the office of alderman in cities of the 21 second class shall reside in the ward from which they seek to be elected and 22 shall run for election at large, except if the alderman is elected by ward 23 under subsection (c) of this section. All of the qualified electors of these 24 cities shall be entitled to vote in the election. 25 26 27 28 29 30 31 32 33 34 35 36 9 10082002EAN1452.VJF046 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. 1 State of Arkansas 100820021444 2 84th General Assembly A Bill DRAFT 3 Regular Session, 2003 HOUSE BILL 4 5 By: Representative <NA> 6 7 8 For An Act To Be Entitled 9 AN ACT TO AMEND ARKANSAS CODE § 14-45-102 TO 10 PROVIDE INCORPORATED TOWNS WITH THE OPTION OF 11 ELECTING ALDERMEN TO STAGGERED FOUR-YEAR TERMS; 12 AND FOR OTHER PURPOSES. 13 14 Subtitle 15 TO ALLOW INCORPORATED TOWNS THE OPTION 16 OF ELECTING ALDERMEN TO STAGGERED FOUR - 17 YEAR TERMS. 18 19 20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 22 SECTION 1. Arkansas Code S 14-45-102 is amended to read as follows: 23 14-45-102. Electior. of aldermen. 24 (a)(1) The Except as provided in subdivision (a)(2) of this section, 25 the qualified voters of incorporated towns shall, on the Tuesday following 26 the first Monday in November 1982, and every two (2) years thereafter, elect 27 five (5) aldermen. 28 (2)(A) The town council of a incorporated town may refer to 29 voters an ordinance on the question of electing the five (5) alderman to 30 four-year terms. 31 (B)(i) The voters shall vote on the ordinance at a general 32 election, or at a special election called for that purpose. 33 (11) However, the election to approve the four-year 34 election procedure shall be held no later than February 1 of the year of the 35 general election in which the procedure is proposed to be effective. 36 (C)(i) If this procedure is adopted by ordinance referred 10 10082002EAN 1444.VJF04S M to and approved by the voters of the town. the initial terms for aldermen 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 representing positions numbered 1, 3 and 5 shall be a four-year term at the next general election. (ii) The initial terms for aldermen representing positions numbered 2 and 4 shall be a two-year term at the next general election, and thereafter shall be a four-year term, resulting in staggered terms. (b) The county board of election commissioners shall designate the five (5) aldermen to aldermanic position numbers 1. 2, 3, 4 and 5. II 10082002EAN1444.VJF045 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. State of Arkansas 120220021059 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE S 14-137-108 PERTAINING TO THE SELECTION OF MEMBERS OF PUBLIC FACILITIES BOARDS; AND FOR OTHER PURPOSES. Subtitle AN ACT PERTAINING TO THE SELECTION OF MEMBERS OF PUBLIC FACILITIES BOARDS; AND FOR OTHER PURPOSES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code S 14-137-108(a)(3)(B), pertaining to members of public facilities boards in counties having a population of less than one hundred fifty thousand (150,000) and in municipalities having a population of less than one hundred thousand (100,000), is amended to read as follows: (B) Successor members shall be elected by a majority of the board for terso of five (5) years each,"n ..___ the y __ of _ public F__.1..._n board or the _—J'_____ p uFauant to which the public fae litieo >____A ..__ a___A __....jam., for an alternative means of electing _u_______ .. members appointed by the mayor of the creating municipality or the county Judge of the creating county. Successor members shall be subject to confirmation by the governing body of the municipality or county unless the ordinance that created the public facilities board provides for election by the membership of the public facilities board service area. 12 12022002 MTB 1059. j gr052 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as It existed prior to this session of the General Assembly. State of Arkansas 120220021101 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO REPEAL ARKANSAS CODE § 16-92-113 PERTAINING TO THE DISTRIBUTION OF FINES IN DISTRICT AND OTHER LOWER COURTS; AND FOR OTHER PURPOSES. Subtitle AN ACT TO REPEAL ARKANSAS CODE 5 16-92-113 PERTAINING TO THE DISTRIBUTION OF FINES IN DISTRICT AND OTHER LOWER COURTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 13 12022002MTBI 101.jgr053 0 I 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as It existed prior to this session of the General Assembly. State of Arkansas 091820021105 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO REPEAL ARKANSAS CODE S 27-14-313(c), WHICH PROVIDES GROUNDS FOR REMOVING CERTAIN PUBLIC OFFICIALS FOR FAILING, REFUSING, OR NEGLECTING TO COMPLY WITH PROCEDURES GOVERNING THE HIGHWAY IMPROVEMENT FUND; AND FOR OTHER PURPOSES. Subtitle AN ACT TO REPEAL ARKANSAS CODE 5 27-14- 313(c). BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 14 09182002AAFI I05. jgr054 • I : 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. State of Arkansas 091620021349 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE S 14-45-106(d), TO ELIMINATE THE EXEMPTION OF CERTAIN COUNTIES FROM THE PROVISIONS GOVERNING THE MAYOR'S COURT IN INCORPORATED TOWNS; AND FOR OTHER PURPOSES. Subtitle AN ACT TO AMEND ARKANSAS CODE § 14-45- 106(d), TO ELIMINATE THE EXEMPTION OF CERTAIN COUNTIES FROM THE PROVISIONS GOVERNING THE MAYOR'S COURT IN INCORPORATED TOWNS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code § 14-45-106(d), regarding the exemption of certain counties from the provisions governing the mayor's court in incorporated towns, is amended to read as follows: (d) The mayor shall: (1) Perform all duties required e€-h4e by the ordinances of the town, and appeals may be taken in the same manner as from decisions of justices of the peace; and (2)(A) Keep a docket and charge and collect the same fees as justices of the peace are allowed for similar services. (B)li) In addition for his or her services as mayor, the council may, by ordinance, make proper allowance for, and payment of, compensation. 15 09162002 M TB 1349.j g r060 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 16 HB 09162002MTB1349.jgr060 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. State of Arkansas 111420020912 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE S 14-43-313 TO REMOVE LANGUAGE THAT HAS BEEN SUPERCEDED BY ARKANSAS CODE SS 14-43-303, 14-43-314, 14-43-315 AND 14-43-316; AND FOR OTHER PURPOSES. Subtitle AN ACT TO REPEAL ARKANSAS CODE 5 14-43- 313 WHICH HAS BEEN SUPERCEDED BY OTHER LAWS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code 5 14-43-313 is amended to read as follows: S 14-43-313. City clerks and attorneys generally. (b) The city clerk and city attorney in cities of the first class shall give the bond, perform the duties, and receive the salary as is prescribed by ordinance in each of these cities. 17 11142002JSE0912.jgr056 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. State of Arkansas 111420021614 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO PROVIDE FOR DIRECT DEPOSITS BY THE STATE INTO THE ARKANSAS LOCAL TRUST; AND FOR OTHER PURPOSES. Subtitle AN ACT TO PROVIDE FOR DIRECT DEPOSITS BY THE STATE INTO THE ARKANSAS LOCAL TRUST. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. (a) Notwithstanding_any other provision of law, the following funds remitted to municipalities by the State of Arkansas may be deposited directly into a municipality's Arkansas Local Government Cash Management Trust account established pursuant to the Local Government Joint Investment Trust Act, Arkansas Code S 19-8-301 et sea.: (1) The Municipal Aid Fund, as described in Arkansas Code S 19- 5-601; (2) The special highway revenues made available by the Arkansas Highway Revenue Distribution Law, Arkansas Code S 27-70-201; and (3) The special revenues listed in the Revenue Classification Law, Arkansas Code S 19-6-201, including but not limited to those generated by the Arkansas Gross Receipts Act of 1941, as amended, Arkansas Code S 26- 52-101 et sea. (b)(1) Upon receipt of a resolution enacted by the governing body of a municipality, the officials responsible for the transmittal of funds to the municipality shall directly deposit the funds into the municipality's Local 18 11142002JSE1614.jgr055 C1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 HR Government Cash Management Trust account. (2) The resolution shall state the following: (A) The name of the municipality; (B) The funds to be transmitted; and (C) The municipality's Local Government Cash Management Trust account number. (c)(1) Direct deposits as provided in this section shall continue to be made until the state official or officials responsible for transmitting the funds receive a copy of a resolution enacted by the governing body of the municipality requesting the termination of the deposits. (2) Upon receiving the funds, they shall be transmitted as provided by this section. 19 11142002JSE1614.jgr055 • 6 1 4 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. State of Arkansas 102920021118 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE § 16-87-306 TO PROVIDE PUBLIC DEFENDER REPRESENTATION IN CITY COURTS. Subtitle AN ACT TO AMEND ARKANSAS CODE § 16-87- 306 TO PROVIDE PUBLIC DEFENDER REPRESENTATION IN CITY COURTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code § 16-87-306 is amended to read as follows: 16-87-306. Duties. The public defender in each judicial district shall have the following duties: (1)(A) To defend indigents within the district as determined by the circuit, municipal, city, juvenile, probate, or chancery courts in the district in all: (1) Felony, misdemeanor, juvenile, guardianship, and mental health cases; (ii) Traffic cases punishable by incarceration; and (iii) Contempt proceedings punishable by incarceration. (B) Except for city court cases and for juvenile representation in family in need of services cases, in no case may a public defender be appointed or the commission be responsible for payment where there is no risk of incarceration or loss of liberty; and (2)(A) In all capital cases where the death penalty is sought, two (2) 20 10292002LDH 1118JM8037 0 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 attorneys shall be appointed, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought. (B) The Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission may be appointed, consistent with S 16-87-205. (C) It should be presumed for purposes of this section that the death penalty will be sought. 21 10292002LDA1118.JMB037 E 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as It existed prior to this session of the General Assembly. State of Arkansas 111420020905 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE § 5-5-101 TO ENSURE THAT PROPERTY SEIZED BY MUNICIPAL LAW ENFORCEMENT AGENCIES AND THE MONEYS GAINED THEREFROM ARE DEPOSITED IN THOSE CITY'S AND TOWN'S TREASURIES; AND FOR OTHER PURPOSES. Subtitle TO ENSURE THAT PROPERTY SEIZED BY MUNICIPAL LAW ENFORCEMENT AGENCIES AND THE MONEYS GAINED THEREFROM ARE DEPOSITED IN THOSE CITY'S AND TOWN'S TREASURIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code § 5-5-101 is amended to read as follows: 5-5-101. Disposition of contraband and seized property. (a) All seized property shall be returned to the rightful owner or possessor thereof except contraband owned by a defendant. (b) Contraband includes: (1) Any article possessed under circumstances prohibited by law; (2) Any weapon or other instrumentality used in the commission or attempted commission of a felony; and (3) Any other article designated contraband by law. (c) Contraband shall be destroyed, except that any article of 22 11142002JSE0905.jgr057 HB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 contraband capable of lawful use may in the discretion of the court having jurisdiction be retained for use by the law enforcement agency responsible for the arrest or sold, and the proceeds disposed of, in the manner provided by subsections (e), (f), and (g) of this section. (d) Unclaimed seized property shall be sold at public auction to be held by the Rhe riff of the county in which the ocinure .__k -'-ear the chief law enforcement officer of the county, city, or town law enforcement agency having seized the property or the chief law enforcement officer's designee, and the proceeds, less the cost of sale and any storage charges incurred in preserving it, shall be paid into the general fund of the county county, city, or town whose law enforcement agency performed the seizure. (e) The time and place of sale of seized property shall be advertised for at least fourteen (14) days next before the day of sale by posting written notice at the courthouse door and by publication in the form of at least two (2) insertions, at least three (3) days apart, before the day of sale in a weekly or daily newspaper published or customarily distributed in the county. (f) All seized property to be sold at public sale shall be offered for sale on the day for which it was advertised between 9:00 a.m. and 3:00 p.m., publicly, by auction, and for ready money. The highest bidder shall be the purchaser. (g) The proceeds from any sale of seized property shall be delivered to the county, city, or town treasurer, as the case may be, to be held by him in a separate account for a period of three (3) months. If, during this time, any person establishes to the satisfaction of the treasurer that he was at the time of sale the owner of any seized article sold as above provided, he shall be paid the amount realized from sale of such property less the expenses of the sale. All moneys in the separate account not claimed or paid within the designated three-month period shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure. 23 11142002JSE0905.jgr057 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as It existed prior to this session of the General Assembly. State of Arkansas 111420021611 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO ALLOW LOCAL GOVERNMENTS TO ENTER INTO NONDISCLOSURE AGREEMENTS WITH THE ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION REGARDING DATA AND INFORMATION CONCERNING LOCAL SALES AND USE TAX COLLECTION; AND FOR OTHER PURPOSES. Subtitle TO ALLOW LOCAL GOVERNMENTS TO ENTER INTO A NONDISCLOSURE AGREEMENT WITH THE ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. (a)(1) All cities and towns, regardless of classification, may enter into nondisclosure agreements with the Arkansas Department of Finance and Administration regarding the review and copying of information about local sales and use tax collection within those cities and towns. (2) The nondisclosure agreements shall be applicable to Department of Finance and Administration records that identify specific business establishments within the city or town and the monetary collection data related thereto. (b) The Arkansas Department of Finance and Administration shall not refuse to enter into the nondisclosure agreements by designating previously collected, or collected in the future, local sales and use tax data as 0 11142002JSE1611.Jgr058 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as It existed prior to this session of the General Assembly. State of Arkansas 100320021012 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE S 8-4-103 TO REQUIRE NOTIFICATION OF MUNICIPAL GOVERNMENTS REGARDING CERTAIN ENVIRONMENTAL VIOLATIONS OCCURING WITHIN THE CORPORATE LIMITS AND CIVIL PENALTIES BEING IMPOSED; AND FOR OTHER PURPOSES. Subtitle TO REQUIRE NOTIFICATION OF MUNICIPAL GOVERNMENTS REGARDING ENVIRONMENTAL VIOLATIONS OCCURING WITHIN THE CITIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code S 8-4-103(d), concerning criminal and civil penalties for violations of the Arkansas Water and Air Pollution Control Act, is amended to read as follows: (d)(1)(A) Before assessing a civil penalty under subsection (c) of this section, the Director of the Arkansas Department of Environmental Quality shall provide public notice of and a reasonable opportunity to comment on the proposed issuance of such order. (B) If the civil penalty is being assessed under an order on consent, the order shall not be effective until thirty (30) days after the publication of notice of such order. (C) Notice shall also be given to each member of the commission. (D) If a civil penalty is being assessed for a violation that occurs within the corporate limits of any municipality in Arkansas, a 25 10032002EAN 1012.VJF047 HS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 copy of the public notice shall be delivered to the chief executive officer of the municipality in which the alleged violation occurred along with a copy of any proposed order concerning the violation, and the municipality shall be given a reasonable opportunity to comment on the proposed order. (2) Notice of any administrative enforcement order shall contain the following: (A) The identity of the person or facility alleged to be in violation; (B) The location by city or county of the alleged violation; (C) A brief description by environmental media, i.e., water, air, solid waste, hazardous waste, impacted by the alleged violation; (D) The type of administrative action proposed, i.e., consent order, notice of violation, emergency order; and (E) The amount of penalty to be assessed. (3)(A) Any person who comments on a proposed assessment of a penalty under this subsection shall be given notice of any hearing held under this subsection. (B) In any hearing held under this subsection, such person shall have a right to intervene upon timely application. (4)(A)(i) If no adjudicatory hearing is held on a proposed order, any person who commented on the proposed order may petition the commission to set aside the order and provide an adjudicatory hearing. (ii) A petition to set aside such an order must be filed with the commission within thirty (30) days of service of the order. (B) If the evidence presented by the petitioner is material and was not considered in the issuance of the order and the commission finds in light of the new evidence that the order is not reasonable and appropriate, it may set aside such order and provide a hearing. (C) If the commission denies a hearing under this subdivision, it shall provide to the petitioner notice of and its reasons for such denial. The denial of such a hearing may be appealed pursuant to § 8-4- 222. (5) The commission, on its own initiative, may institute review of any enforcement action taken by the director within thirty (30) days of 26 10032002EAN1012.VJF047 • 1 the effective date of such order. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 27 10032002EAN1012.VJF047 1 2 4 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. State of Arkansas 120420021145 84th General Assembly A Bill DRAFT Regular Session, 2003 HOUSE BILL By: Representative <NA> For An Act To Be Entitled AN ACT TO AMEND ARKANSAS CODE TITLE 8, CHAPTER 9 TO ADD AN ADDITIONAL SUBCHAPTER TO REDUCE LITTER; TO FACILITATE BEVERAGE CONTAINER RECYCLING AND REQUIRE LABELING OF BEVERAGE CONTAINERS; TO ASSESS A BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION FEE AND PROVIDE FOR DISTRIBUTION OF THE FEE; TO FUND ENVIRONMENTAL EDUCATION; TO ALLOW THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY TO PERMIT REDEMPTION CENTERS AND ADOPT REGULATIONS; AND FOR OTHER PURPOSES. Subtitle TO PROVIDE FOR BEVERAGE CONTAINER RECYCLING AND TO REQUIRE LABELING OF BEVERAGE CONTAINERS AND TO ASSESS A BEVERAGE CONTAINER RECYCLING FEE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code Title 8, Chapter 9, is amended to add an additional subchapter to read as follows: Subchapter 6. Beverage Container Recycling. 8-9-601. Title. This subchapter shall be known and may be cited as the "Beverage Container Recycling and Litter Reduction Act". OR 12042002EAN 1145. VJFO50 N r HR 1 8-9-602. Legislative findings and purpose. 2 (a) The General Assembly declares that in order for the State of 3 Arkansas to meet the municipal waste reduction goal established by 5 8-9-101, 4 it is imperative that new opportunities for recycling, particularly in rural 5 areas of the state, be developed. 6 (b) The General Assembly finds that containers, especially beverage 7 containers, are the most valuable and recyclable commodity in the waste 8 stream and that the discarding of these containers is an unnecessary addition 9 to the state's litter problem and its already overburdened solid waste 10 disposal system. 11 (c) The General Assembly further finds that it is in the public 12 interest to establish a program for the recycling of containers that: 13 (1) Reduces the volume of waste and litter; 14 (2) Increases opportunities for recycling and provides financial 15 incentives for consumers to recycle; 16 (3) Builds upon existing recycling infrastructure; 17 (4) Stimulates statewide creation of new lobs and wider 18 employment in the recycling industry; and 19 (5) Helps fund environmental education. 21 8-9-603. Definitions. 22 As used in this subchapter: 23 (1)(A) "Beverage" means any of the following products in liquid form 24 intended for human consumption: 25 (i) Beer, ale, and other malt beverages; 26 (ii) Wine coolers and distilled spirit coolers; 27 (iii) Coffee and tea drinks; 28 (iv) Carbonated water, including soda and carbonated 29 mineral waters 30 (v) Carbonated soft drinks; and 31 (vi) Bottled water, sport drinks, one hundred percent 32 (1001) fruit Juices, and other Juice drinks to which carbonation has been 33 added; 34 (B) "Beverage" does not mean wine or wine from which alcohol has 35 been removed in whole or in part, whether or not sparkling or carbonated; 36 (2) "Beverage container" means a nonrefillable bottle, jar, or other 29 12042002EAN1145.VJF050 I 1 container made of glass, aluminum, metal, or plastic that is sealed by a 2 manufacturer and that, at the time of sale, contains no more than forty (40) 3 nor less than six and five -tenths (6.5) ounces of a beverage; 4 (3) "Consumer" means a person who purchases a beverage in a beverage 5 container for final use or consumption; 6 (4) "Dealer" means a person in this state who engages in the sale of 7 beverages in beverage containers to a consumer whether or not the product is 8 sold in a vending machine; 9 (5) "Department" means the Arkansas Department of Environmental 10 Quality; 11 (6)(A) "Distributor" means a person who engages in the sale of 12 beverages in beverage containers to a dealer in this state: and 13 (B) Includes a manufacturer who engages in the sale of beverages 14 in this state; 15 (7) "Empty returnable containers" means beverage containers that 16 contain nothing except the residue of the original contents and are labeled 17 according to the requirements of this subchapter; 18 (8) "Handling fee" means a per beverage container payment to 19 redemption centers; 20 (9) "In this state" means within the exterior limits of the State of 21 Arkansas and includes all territory within these limits owned or ceded to the 22 United States of America; 23 (10) "Manufacturer" means a person who bottles or otherwise fills 24 25 containers (11) for sale to distributors "Nonrefillable" means a or dealers in this state; beverage container that, after being used 26 by a consumer, is not to be reused as a beverage container by a manufacturer; 27 (12) "Person" means an individual, partnership, corporation, or other 28 legal entity; 29 (13) "Recycling" means the systematic collection, sorting, 30 decontaminating, and returning of waste materials to commerce as commodities 31 for use or exchange; and 32 (14) "Redemption center" means a place of business that: 33 (A) Accepts empty returnable beverage containers from any 34 person; 35 (B) Recycles at least one (1) other commodity; 36 (C) Is approved by the county quorum court; and 30 12042002EAN1145.VJF050 HB 1 (D) is certified by the department as a redemption center: and 2 (15) "Return value" means the amount paid to any person who returns an 3 empty returnable container to a redemption center. 4 5 8-9-604. Labeling required. 6 Beginning January 1. 2004, it shall be unlawful for any dealer to sell 7 beverages in a beverage container in this state that is not labeled as 8 required in this subchapter. 9 10 8-9-605. Beverage Container Recycling and Litter Reduction Fee. 11 (a) Beginning January 1, 2004, a manufacturer who fills beverage 12 containers for consumption in the state, a distributor who imports beverages 13 into the state for consumption in this state, and a dealer who imports 14 beverages from an out-of-state distributor into the state for consumption in 15 this state, shall remit a "beverage container recycling and litter reduction 16 fee" of five cents (Sc) per beverage container to the Department of Finance 17 and Administration and shall clearly label all beverage containers with the 18 word "Arkansas" or "AR" and the return value of the beverage containers in 19 clearly visible type on the beverage container by embossing or imprinting, or 20 using a stamp on the normal product label. 21 (b)(1) A manufacturer, distributor, or dealer shall inform consumers 22 that beverages are sold in returnable beverage containers by placing a sign, 23 a shelf label, or both in close proximity to any sales display of beverage 24 containers. 25 (2) The sign or shelf label shall: 26 (A) State the amount of return value for each beverage 27 container; 28 (B) State that all labeled beverage containers as 29 described in this subsection are returnable; and 30 (C) List all the redemption centers in the county. 31 32 8-9-606. Return value. 33 (a) Every beverage container sold or offered for sale in this state 34 shall have a return value of at least three cents (3C) per beverage 35 container. 36 (b) Each beverage container shall have the return value clearly 31 12042002EAN1145.VJF050 1 indicated on the beverage container. 3 8-9-607. Redemption centers. 4 (a) Beginning January 1 2004, each county having responsibility to 5 establish a recyclable materials collection center, as mandated by S 8-6-720, 6 shall establish and operate on its own or through contract or other agreement 7 with another person or persons one (1) or more redemption centers where 8 persons may return empty beverage containers and receive the refund value of 9 the beverage containers. 10 (b) In addition to the redemption centers under subsection (a) of this 11 section a redemption center may be established by a person, a county or 12 local government a regional solid waste management district, or any other 13 governmental entity operating a solid waste management program if approved b 14 the county quorum court of the county and the regional solid waste management 15 district in which the center will be located and if the center is certified 16 by the Arkansas Department of Environmental Quality. 17 (c)(1) A consumer may donate recyclable beverage containers through 18 the community's curbside recycling program instead of taking the containers 19 to a redemption center. 20 (2) However, the curbside recycling program instead of the 21 consumer, will receive the return value for the containers that are recovered 22 from the waste stream and presented to a redemption center. 23 24 8-9-608. Return value. 25 (a)(1) A redemption center shall accept an empty returnable container 26 from any person and shall pay to the person its full return value. 27 (2) The redemption center may refuse to pay the return value 28 for: 29 (A) Broken bottles; 30 (B) Any beverage container which is not empty or contains 31 a significant amount of foreign material; 32 (C) Any beverage container that is not labeled as provided 33 in this subchapter; or 34 (D) Any beverage container whose label or embossing cannot 35 be discerned. 36 (b) An operator of a redemption center may limit the total number of 32 12042002EAN1145.VJF0S0 1 beverage containers that the operator will accept from a person in a business 2 day, but the limit shall not be less than two hundred and fifty (250) 3 beverage containers. 4 5 8-9-609. Beverage Container Recycling and Litter Reduction Grant Fund. 6 (a) The Department of Finance and Administration shall deposit the 7 proceeds of the Beverage Container Recycling and Litter Reduction Fee in the 8 State Treasury as special revenues and shall credit the proceeds to a special 9 fund created on the books of the Treasurer of State1 the Auditor of State, IO and the Chief Fiscal Officer of the State to be known as the "Beverage 11 Container Recycling and Litter Reduction Grant Fund." 12 (b) In addition to all moneys appropriated by the General Assembly to 13 the fund, there shall be deposited in the fund: 14 (1) Any federal government moneys designated to the fund 15 (2) Any moneys received by the state as a gift or donation to 16 the fund: 17 (3) Fines from violators; and 18 (4) All interest upon money deposited in the fund. 19 (c)(1) The fund shall be administered by the Arkansas Department of 20 Environmental Quality. 21 (2) The department shall authorize grant expenditures from the 22 fund according to the provisions of this subchapter. 23 (d) The collection of fees under this section shall be subject to the 24 Arkansas Tax Procedure Act. 25 26 8-9-610. Fee collection. 27 (a) The fee on beverage containers that contain beer ale, or other 28 malt beverages shall be reported and paid in the manner prescribed by 3-7- 29 401. 30 (b) The fee on beverage containers that contain wine coolers or 31 distilled spirits coolers shall be reported and paid in the manner prescribed 32 by SS 3-7-701 and 3-7-702. 33 (c) The fee on beverage containers that contain coffee or tea drinks 34 soft drinks, nonalcoholic carbonated drinks in liquid form intended for human 35 consumption, bottled water, sport drinks one hundred percent (100%) fruit 36 juices, and other Juice drinks to which carbonation has been added shall be 33 12042002EA111145.VJF050 0 M3 I reported and paid in the manner prescribed by the Arkansas Soft Drink Tax 2 Act. 3 (d) The Director of the Department of Finance and Administration shall 4 prescribe the content of the fee reporting form. 6 8-9-611. Distribution of funds. 7 (a)(1) By the twentieth (20th) day of each month, the county judge of 8 each county shall submit a report from each redemption center in the county 9 to the Arkansas Department of Environmental Quality. 10 (2) The department may develop a form for this report. 11 (3) Upon receiving the monthly report, the Arkansas Department 12 of Environmental Quality shall distribute funds from the Beverage Container 13 Recycling and Litter Reduction Fund as follows: 14 (A) To each county general fund as an administrative fee, 15 forty-five hundredths of a cent (0.450) per beverage container for each 16 container returned in the county; 17 (B) To each redemption center as reimbursement for return 18 value payments to the person returning the containers, three cents (3C) per 19 beverage container returned at the redemption center; and 20 (C) To each redemption center as reimbursement for other 21 expenses in handling containers, one and two -tenths of a cent (1.2c) per 22 beverage container returned at the redemption center. 23 (b) Of the total fee for each beverage container, fifteen hundredths 24 of a cent (0.15C) per returned beverage container shall be transferred to the 25 Department of Finance and Administration for collection of the fees and two - 26 tenths of a cent (0.2c) Per returned beverage container shall be retained by 27 the Arkansas Department of Environmental Quality. 28 (c) After the end of each fiscal year, any unallocated and unclaimed 29 fund balances in the Beverage Container Recycling and Litter Reduction Grant 30 Fund shall be reallocated annually as follows: 31 (1) There shall be transferred to the Keep Arkansas Beautiful 32 Fund Account to be used by the Keep Arkansas Beautiful Commission an amount 33 equal to the greater of one hundred thousand dollars ($100,000) or ten 34 percent (102) of unallocated and unclaimed funds, but the amount shall not 35 exceed two hundred thousand dollars ($200,000); and 36 (2) The remainder shall be used as follows: 34 12042002EAN1145.VJF050 HB 1 (A) For cleanup of illegal dumps, an amount equal to sixty 2 five percent (65%) of the remaining available funds or two million dollars 3 ($2,000,000), whichever is less; and 4 (B) For operation, recycling, environmental education, and 5 to assist in any other responsibilities of the department, no less than 6 thirty five percent (352) of the remaining available funds. 7 8 8-9-612. Violations. 9 (a) Any person found to be in violation of this subchapter shall be 10 subiect to a civil penalty of not more than one thousand dollars ($1,000) for 11 an initial offense and not more than five thousand dollars ($5,000) for a 12 second or each subsequent offense. 13 (b) Any distributor, manufacturer, or dealer who fails to pay to the 14 Department of Finance and Administration an amount that is less than the 15 dollar amount required by this subchapter shall be subiect to a civil penalty 16 of not more than five thousand dollars ($5,000) for an initial offense and 17 not more than ten thousand dollars (S10,000) for a second or each subsequent 18 offense. 19 (c) All civil penalties collected under this section shall be 20 deposited in the Beverage Container Recycling and Litter Reduction Grant 21 Fund. 22 23 8-9-613. Rules and regulations. 24 (a) The Arkansas Department of Environmental Quality may promulgate 25 rules and regulations and may charge fees as necessary for the implementation 26 of this subchapter. 27 (b) Any fees shall be set by regulation. 28 29 SECTION 2. The act shall be effective January 1, 2004. 30 31 32 33 34 35 36 35 12042002EAN1145.VJF05O