Senate committee approves bill to bar city bans on bags, straws after clash over local control

The Senate City, County & Local Affairs Committee on Friday approved Senate Bill 616, a measure that would prevent cities and counties from banning, taxing or otherwise regulating so‑called auxiliary containers — items such as plastic bags, straws, foam cups and similar packaging — in favor of statewide rules.

Representative David Ray (R‑District 40), who presented the bill, framed it as a uniformity measure for commerce. He said differing local rules make life harder for businesses that buy packaging in bulk and can translate into consumer costs. "A poor family ends up paying over a hundred dollars a year just in bag taxes to buy their groceries," Ray said, urging the committee to consider the bill’s impact on low‑income households.

John Wilkerson, general counsel for the Arkansas Municipal League, urged caution. He told the committee the bill’s language is broad and could prevent cities from using ordinary litter or public‑safety ordinances to regulate containers. "It's really broad," Wilkerson said, arguing the draft could nullify local rules designed to protect stormwater systems or to require branded plastic carry‑outs in entertainment districts for safety and enforcement.

Steve Good, speaking for the Arkansas Grocers and Retail Merchants Association, the Arkansas Oil Marketers Association and hospitality groups, said businesses back the bill because a patchwork of local bans or taxes would harm small retailers and raise costs. "If this is not passed, we are scared that there will be cities that will have bans or taxes immediately that will hurt small businesses," Good said, noting nationwide examples of local bag or foam bans.

Committee members pressed on two main concerns: litter enforcement and entertainment‑district rules that restrict glass or require colored/marked containers for public safety. Municipal League testimony zeroed in on the bill’s exception language for existing litter ordinances and warned those exceptions, as drafted, may be swallowed by the broader preemption clauses.

Senator Clark said he generally supports the bill’s aim but urged adopting limited amendments proposed by the Municipal League to protect entertainment‑district signage and targeted litter enforcement. The committee discussed potential fixes that would preserve a city’s ability to regulate containers on property it owns or maintains and to avoid unintentionally blocking enforcement of litter codes.

After extended questions and testimony from local government and business representatives, the committee approved SB 616 by voice vote. The committee chair declared the bill passed in committee; the bill will move forward in the legislative process.

The debate highlighted a familiar tradeoff lawmakers weigh: ensuring uniform statewide commerce rules for businesses versus preserving local governments’ ability to respond to specific environmental and public‑safety concerns.

What happens next: SB 616 passed the committee and will proceed in the Legislature; sponsors and municipal representatives signaled interest in drafting narrower language to address the litter and entertainment‑district concerns raised at the hearing.