ALC-Administrative Rules
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board had one rule. Um, it was their board manual. It was kind of a mixture of, you know, guidelines that didn't really meet the definition of rule, um, then they also have revocation, clemency, and transfer to parole in the same document. So when things were amended between the Protect Arkansas Act and then Act 742, which we'll discuss when we get into the kind of body of the rule. We realized that That wasn't necessarily the most
efficient way for the public to identify what they needed to find in a rule. So the bulk of this is going to be um removing the executive clemency from the board manual and creating a standalone rule. Now there were a few substantive changes, um, the first of which is, of course, the change that was enacted in Act 742 that created the idea of clemency denials with prejudice, and effectively all that says is
that if a governor denies somebody, they have the opportunity to do that with prejudice and that person cannot reapply while that governor is still in office, and that is enacted in here and there's one more substantive change that just sets out that instead of a 40 day prior to execution deadline for executive clemency for death sentences. They need to do that 60 days. Uh, I think that the last time there were executions scheduled, the parole board just found that 40 days
was not enough time for them to get all of the reviews done that they needed to get done. So, um, I'm here if there are any procedural questions and then Charlotte's here if you'll have any questions about. Actual operations. Thank you. Thank you, members. Any questions on item D1A. Not seeing Senator Irvin, you have a question? Just signing in, OK?
Members, any questions on D1A? Just quickly on a, it says there are additional requirements for death sentences. Can you just elaborate on that for me just quickly, I'm sorry, it's on it it says it also sets out specific procedures and additional requirements for death sentences. So those are mostly ported over from statute like I said, the only substantive change and the difference is, is that deadline, um, just to make certain that everybody has the time that they
need to do the, the constitutional reviews that are required, um, if once an execution date is set, um, That defendant has to submit their clemency applications 60 days prior to that. That gives the post-person transfer board time to conduct all of their reviews. It kind of goes back and forth between them and different divisions, um, and then eventually it makes it over to the governor's office and you know, there's 30-day deadlines that the governor has to give
notice prior to, um, you know, any form of clemency, so, OK, perfect. Thank you. Thank you. Representative Allen, you're recognized. Uh, thank you, Mr. Chairman over here. Uh, you mentioned a few minutes ago that if a person applies for clemency. That's in, and, and it's denied clemency as long as the governor is in office. That denied the clemency, that person can't apply again? Is that what you're saying?
Um, yes, sir, so that's only if they are denied with prejudice, and that's a new concept that's not in this rule, that's actually in statute. Act 742 of 2023. This just adopts that and, you know, provides for that in the rule procedurally. Thanks for clarifying. I see no other questions in without objection objection, the rule is reviewed and approved. We'll go to item D1B.
So D1B is just the existing board manual, um, and instead of all the texts that dealt with clemency, that's stricken and now it just references the rule that everybody just adopted here. Members, any questions? See no questions then without objection, the rule is reviewed and approved. Thank you for being here today. Thank you will go to D2, Department of Education, division of elementary and secondary education.
When he served, you'll identify yourself for the record, uh, and present your rules. Good morning, committee. Daniel Schultz, interim chief counsel. Our first rule is the DESE rule governing uh public school choice. This amendment updates the rule to reflect 3 acts of the General Assembly in 2023, including the Law Act, the primary policy change implemented, uh, is the elimination of the numerical
maximum of 3% of enrollment, uh, limiting school choice. There Our first rule is the DESE rule governing uh public school choice. This amendment updates the rule to reflect 3 acts of the General Assembly in 2023, including the Law Act, the primary policy change implemented, uh, is the elimination of the numerical maximum of 3% of enrollment, uh, limiting school choice. The will also um. I was a student to transfer from any district that has legal capacity in place of the 3% rule. This uh rule underwent a public comment period and had a hearing on April 17th and I'd be happy to ask, uh, answer any questions you might have. Members, any questions on 2A.
Senator Johnson, you're recognized. Thank you, Mr. Chairman. Um, I'm, I'm a, first of all, I'm not used to seeing you in this role, so I'm a little thank you for helping us on this, um. I was, something was brought to my attention on kind of a discrepancy between the, uh, athletic, the transfer between, uh, public and private schools and also uh. But it was like the, the system seemed to be a little biased in in one direction, uh, that you
could, uh, transfer from a a private. School to a public school, but you couldn't transfer from a one private school to another private school and, and, and there was some, there's one year layout or something like that. Does the rule take any of that into consideration? I, I just want it to be for lack of a better word, uh. Uh, equitable. I know we use a little bit too much, but, but where, where, whichever direction is going it, it, uh,
is fair to the individual students. No, Senator, the rule doesn't address that because the law doesn't address that. Private schools, it's my understanding, uh, are governed by AAA's rules as far as those sorts of things, but it's outside the scope of any rule that would be within the authority of the department to promulgate and this might be a proper follow up to the chair. Mr. Chairman, uh, uh, I don't know this, but does AAA, do AAA rules come before ALC in any manner whatsoever, or are we
just kind of, do we just kind of write it out? I see Senator English is here, she might even know the answer, they do not. So they don't, we, they have, we have nothing to say about when they rule something that's inequitable toward an individual students. It's just, that's just the way it is, is that, I mean, am I hearing that correct? I believe that is correct. OK, well then maybe we can work on that. Thank you, Mr. Chairman. Thank you so much. Members, any other questions on 2A, see no questions in without
objection, the rule is reviewed and approved. We'll go to 2B. Thank you, Mr. Chairman, uh, This is the DESE rule governing the implementation of Braille and large print textbook appropriations. The amendment provides for the use of funds appropriated for the Arkansas school, uh, for the deaf or or or let's go for the blind, excuse me, to print braille and large print textbooks, electronic textbooks and adaptive technology and library media pursuant to Act 869 of
2023. The amendment allows the state board to negotiate directly with publishers of Braille and large print textbooks. For the purchase of braille and large print textbooks. OK. Thank you, Daniel. Members any questions on 2B? Seeing known that objection, this rule is reviewed and approved. Thank you, sir. We'll go to item 3. Department of Higher Ed members, uh, you'll see on your agenda items A through K. Without objection from this
body, I'm going to allow the department to go through each of their rules. Um, we've got a very long agenda today, so I'm gonna allow them to go ahead and just present each of their rules, and then we'll come back if you have a question, make a note of that and then I'll call out 3A3B if you have a question, we'll go through them that way, but we'll allow them to go ahead and proceed. If you'll identify yourself. Ken Warden, commissioner of Division Higher Education. Alicia Lewis, Assistant commissioner of higher
education. Like a day Shultz, uh, council. Thank you, Mr. Chairman. The first rule is the Arkansas Teacher Academy and scholarship program. This is a new rule which implements the Arkansas teacher academy and scholarship program that was established by Act 237 of 2023. The program provides scholarships for prospective teachers on condition that those teachers graduate and teach in an Arkansas public school.
Um, this next rule is the Arkansas Workforce Challenge scholarship program. This amendment allows scholarship funds to be used to cover tuition for summer semesters as required by 413 of 2023. Next, we have the Governor's scholarship program, and this is essentially the same amendment allowing for summer tuition to be covered by scholarships as required by the Act. The next one I have is the concurrent Challenge scholarship program, and it is the same
amendment allowing scholarship funds to be used for summer tuition. Uh, the next rule is the sustainable building maintenance program for state-supported institutions of higher education. This is a new rule which implements this, uh, the program by that name, uh, created by Act 751 of 2023. The program authorizes money to be loaned to state-supported institutions of higher education. The next rule is the military
dependent scholarship. It like the ones before it, allow for summer tuition to be covered by the scholarship. It also allows for the stepchildren of a to be beneficiaries if the stepchildren of a, uh, qualifying individual. Essentially in the same place of a natural born child. Uh, the next rule is the financial aid appeals process. This is a new rule which implements Act 244 of 2023. The act created the Financial Aids Appeals Committee to your
eligibility related issues, uh, relating to scholarships administered by the Department of Higher Education. The rule provides procedures for the implementation of this act. The next one is the teacher, state teacher education program. This is an amendment to bring the rule into line with statute and to increase. The uh covered repayment from $30,000 to 6000. Uh, for a maximum of 3 years. This program is designed to allow teachers who graduate from
a teaching education program to seek reimbursement. The next is the Washington Center scholarship and this one, amends the rule to cover summer tuition as required by law. And I believe the last one is the law enforcement dependent scholarship and this likewise allows for tuition funds to be used to some uh cover summer courses. Thank you, Dan. Your members, members you've heard, um, You've heard the presentation of
these rules from the division of higher ed. I will call out each one of these individually if you have questions, uh, you just light up. Any questions on 3A. Be See E If G H I J OK
No questions on anything under Agenda 3 without objection, these rules are reviewed and approved. Thank you for being here today. We'll go to item 4, DFNA,
Members just as we did on the Department of Ed, Department of Finance under this agenda item 4 has several rules, chairs are gonna allow without objection. I'm going to allow them to present each rule individually and then we'll come back at the end, we'll go through that list if you have any questions, we'll take those up at the end. If you'll identify yourself for the record. Good morning. You may present your rules. Good morning, Trent Minner Department of Finance and Administration Regulatory division. We have several proposed rule
changes for review, changes to the ABC rules. The, uh, all but the first change item 4A are passed in response to statutory changes to uh promulgate and update ABC rules to reflect those changes. All of these rules, uh, the public comment period began August 12th, ended August 11th, we received no public comment and these rules were appeared at a hear approved at a hearing of the ABC board held on July 24th. So the first one, item A, this
change amends the hours of sale, uh, that wholesalers can sell to retailers from 5 a.m. to 4:00 a.m. This was made at the, this change was made at the request of industry members. Item B. This rule change allows microbreweries to self-distribute by obtaining a microbrewery restaurant wholesale license, microbreweries will be allowed to sell their beer, malt beverage, or hard cider straight to retail permit holders.
Item C, these amendments allow microbrewery restaurants to make ready to drink products in addition to the beer, malt liquors, and hard ciders that there are already allowed to manufacture. Item D, this change amends the prohibition on sampling to allow wholesalers and manufacturers to assist or conduct tasting events with retailers. Item, this change amends these sections to allow microbrewery restaurant, private clubs to store and sell spiritus liquors
along with the beer, malt beverages, and hard cider, they are already permitted to store and sell. Item F, this rule change allows private clubs in wet areas to sell. to go or delivery which restaurants are currently doing as well. Item G This rule allows the Department of Parks, Heritage and Tourism to issue their own alcohol permits to the parks. This rule was passed to closely mirror
rule promulgation already passed by the Department of Parks, Heritage and Tourism. Item, this will change allows retail liquor permit holders to sell clothing and other promotional or marketing merchandise. Item I this rule change allows for an exception to the vending machine prohibition. Item J, this rule allows certain distillers, manufacturers, or small farm wineries in dry areas to receive permits so long as
they exclusively sell to wholesalers. Item K, this will change. This rule changes the advertising rules for private clubs in dry areas. It no longer requires them to block the visibility through windows, doors, etc. preventing the public from viewing patrons inside consuming alcohol. The last one item L, this rule change amends the ABC rules requiring outlets to get approval from the ABC director
on outdoor area changes. Thank you, Trent. Members, you've heard, um, Items 4 A through L. Center Rice, you have a question for which item? I, Senator Johnson, you have a question for what item? OK. All right, we'll start with item 4A, members, any questions? B See
If G H I. J Senator Rice was EJ. Aye. I, Senator Rice, you recognized.
Thank you. Can y'all give me a real life scenario, kind of how this is gonna work. We, I know it passed, it didn't pass overwhelmingly at all. In the Senate or the House, but it still passed. Can you give me a real life scenario of how it's gonna work. I can. I'm Christy Bjornsen, director of the ABC, um, these vending machines are typically prohibited, however, the ones that are allowed by the statute that was passed in the last session are specific vending
machines that require an RFID device, so basically some sort of bracelet or necklace that the patron would wear that they have to scan on the dispensing machine. And again, it sets out depending on what type of alcohol it's dispensing, beer, wines, beer to liquor. It will. Only allow a certain amount to be dispensed at one time and it will only allow one refill. At that point, the individual would have to go reget their bracelet or RFID tag added on with new drinks, so that way it will prevent any worries about
overservice or anything about that because it's only dispensing essentially one or two at a time. And When you say if, if you said something about getting renewed, I mean, Body mass and all determines some people's consumption, uh, Uh Is that what you're saying they gotta go back to somebody to go back. Yes, they would have to go back to a server and all of the servers that any of these retail
establishments have signed off on server awareness forms that they have indicated they know when to quit serving someone. And so the, the basis of allowing two drinks at a time is so that we don't have someone who has one of these dispensing machines in their bar and has a patron come in and decide to buy for multiple tables at a time and that way the server doesn't know who has. Consumed and they can't keep track of overservice. So that's why the limit is there to really kind of make sure that they have to go speak back to a human bartender at some point so that someone checks in and makes sure
that they're not teetering on the edge of overservice. y'all are just reacting to them about the legislature did even though I didn't support it and I still don't support it because you don't have an interaction with the server that sees what's going on. And and uh I'm concerned about that, so I'm thinking about passing a bill to to just make sure that anybody that gets to use a dispensing machine on alcoholic beverages has to use a self checkout at Walmart and also the kiosks at McDonald's
and maybe that'll consistently run their life. Thank you, Senator Rice. Uh, members item J. Senator Johnson, I believe you had a question on item K. Thank you, Mr. Chairman, uh, these, I think KNL have some, uh, Correlation and uh I, I have a specific instance I know of in
my district where there was a, there is a, a private club that has an area that uh. And Mr. Mayor, you're probably familiar with what I'm talking about down on, uh, Front Street in Conway, but they had a, a screen. It was a, I would call it a porous wall. I mean, it wasn't like just a, just like a glass area or I, I'm comparing it to the construction fence out here that if you get real close, you can kind of see through and tell how they're
finishing the tunnel, but you can't really see, uh, I just want to make sure that an instance. Like that is, I, I thought we clarified that and cleaned it up and I, I just want to make sure that, and again, there may be a similar one elsewhere in the state. I'm just familiar with this one and, and is that one now OK and, and covered by this particular rule. I would have to, I can't visualize what I know where
you're talking about, but I can't picture it specifically, so I don't want to say off the cup, but I believe the intent of, uh, this statutory change and this mirroring rule change is to allow, um, a setup like that, and I will, uh, uh, I would just ask that if any review, you find something to the contrary that you, you just let me know about that and We can do that, Senator. Thank you. Thank you very much and thank you, Mr. Chairman did you have an additional question on item L.
OK, thank you. Alright, so members, uh, last call. Or any questions on agenda item 4A through L. Seeing none then without objection, these rules are reviewed and approved. We go to item 5, Department of Health.
Good morning. You identify yourself for the record, you may present your rules. Matt Gill Moore, Department of Health. I'm Jerry Holmes. I'm uh, Secretary of Treasur of the Arkansas State Board of Dispensing. Opticians. We are here to present the proposed changes to our rules for Act 137 of 2023 to add consideration of national certification towards initial occupational license for uniformed service members and
veterans and extend the application to their spouses. We had a public um period from August 10th through September 9th, we received no comments, and we are happy to answer any questions. Members, thank you. Any, uh, question on item 5A. See no questions without objection, the rule is reviewed and approved. Thank you, Mr. Chairman. Thank you. Item 6, Department of Health, Arkansas Board of Examiners and counseling.
Good morning, ma'am. If you'll identify yourself for the record, you may present your rule. Arkansas Board of Examiners and counseling. We're here today to seek approval of our rural revision which pertains to changes uh, that were enacted in the last legislative session, Acts 137 and 45. Members, any questions on 6 A.
So no questions. Without objection, the rule is reviewed and approved. Thank you for being here this morning. We'll go to item 7, Department of Health, State Board of Nursing. Thank you. Morning.
If you have 2 rules to present today if you'll identify yourself with the record, we'll hear your rules. Good morning, uh, David Dawson, general counsel for the board. Good morning, Sue Tedford, director of the Board of Nursing. Yes, ma'am. Um, our public comment period ended August 19, 2024. No public comments were in opposition to any of the proposed rules. There's no fiscal impact to the agency. The proposed rules were heard in joint public health last month and pasted. Um, the first set of rules is Chapter 4 on Advanced practice registered
nursing. It's attachment D7A. It shows the proposed changes and relate related to statutes. Um, they're related to acts 586-872, and $137. Along with some cleanup changes. Members, any questions on 7A? Seeing none without objection, the rule is reviewed and approved. We'll go to 7B. 75 on delegation. Its attachment D7V. It shows the proposed changes in related statutes. There were changes related to
Acts 586-872, and 137, along with some cleanup changes in additions to the consumer-directed care. Members' questions on 7B. Seeing known that objection, the rules are reviewed and approved. Thank you for being here this morning. for the item 8. Department of Health State Board of Health.
Go ahead. Good morning, Mr. Chair, members of the committee. I'm Laura Chiu, and I'm general counsel for the Department of Health and the Board of Health. Good morning, Christy Cressy, Arkansas Department of Health section of EMS. Good morning. My name is Ashley Mason, and I'm an epidemiologist with the Lead-based paint program at the Arkansas Department of Health. And Kirk Smith, attorney for Arkansas Department of Health. Morning. You may present your rules. The first rule or the proposed amendments to the rules for
emergency and medical services, uh, proposed amendments are to comply with Act 54 of 2023 revising the required hours for a community paramedic license and Act 258 of 2023, creating the licenser for emergency medical responders. The public notice was published on June 28th, a public hearing was held on July 30th, uh, which coincided with the end of the public comment period. A couple of public comments were received with suggestions that are being. viewed and discussed for future changes and with that open to
any questions. Thank you, members' questions on 88. Seeing none without objection, the rules reviewed and approved. 8B. The 2nd rule there, the rules pertaining to lead-based paint activities. These changes are to comply with Act 137 of 2023 regarding automatic military licener, a public comment period was held from June 30th to July 30th and no comments were received. OK, thank you.
Members, any questions on 8B lead-based paint. I'm not sure. Representative Scott, is that you? Don't try to. You're going blue red that oh, OK. Anyone else? Seeing them without objection, the rule is reviewed and approved. Thank you, Mr. Chair. Go to item
9, DHS county operations. Good morning. Good morning. I'm Mary Franklin, director of the division of County operations with the Department of Human Services. And today I have a rule for you that is an update to our Medicaid, um, eligibility policy manual, and what we are doing with this rule is clarifying that individuals who are
eligible for the workers with disabilities category are also eligible for services, the same services they could receive in the AR choices and the. Community employment supports waiver, uh, which are home and community-based waivers if they meet the income and The uh the financial and the medical criteria they can receive those services while they're in the workers with disabilities category. Be happy to take any questions. Thank you, Ms. Franklin. Members, any questions on 9A?
Seeing no questions without objection, the rules reviewed and approved. Go to item 10, DHS division of Medical Services. Good morning, Elizabeth Pittman, division of Medical Services. And the first rule I have for
you today is our targeted case management for the maternal Life360 program. And this rule was approved by CMS and it allows us to extend the life 360 services to all, uh, pregnant women with high-risk pregnancies in the Medicaid program. We have 2 programs ready to go live on November 1st pending approval of this rule. So, any questions? Any questions on 10A. Seeing no questions without objection, the rules reviewed and oh sorry, Senator Irvin.
He recognized. Honestly, just comment. This is tremendous and so glad that we finally got the CMS approval. It's been so long that we've waited for this, but I just have to say, Mr. Chair, this is excellent work done by you and your staff, so please give them our appreciation because this I think it's gonna be a huge game changer in the space for maternal health. Yes, we're very excited and thank you for all of your support, everyone. We really appreciate it. So thank you, Senator Irvan for your support. Representative Pilkington, you're recognized.
Hi Elizabeth, thank you for being here. Uh, thank you, chair. Uh, real quick though, and, and this kind of goes along with this, do we have the data yet? For the uh. For women who are falling off the 66 weeks and then getting transferred either into our homes or another Medicaid plan. I know with special language paths during the fiscal session that report is due, and is that report ready for us? Obviously I think it coincides with what we're doing here, so that's why I would like an update on that report. Thank you. Yes, sir, and
I'm going to have Mary Franklin come and answer that as that is a report pulled out of her eligibility system. Good morning, Representative. We are working on that report and we expect it. For certain to be ready by the end of next week. So it will not be presented at this week's ALC like it was supposed to be. I do, I do not know that it will
be ready this week. If it is, then of course we will, but I'm not expecting it. Until by the end of next week. OK, I'll say my comments for Friday. Senator Irvin, you're recognized. We, we can add that report to our public health committee meeting on October twenty-eighth, if that would be doable. If that's acceptable. Just offering an alternative. Thank you. Members, any other questions on item 10A.
Seeing none without objection, the rules reviewed and approved. We've got a 10B. Sorry, I went too far in my book. Let me, let me go back. Um, the second rule is for the hospital, um, inpatient you upper payment limit. Um, this changes the calculation to allow us to draw more federal dollars. It changes it from counting based on days of discharge to based on days admitted and we
had no, um, the only comment we received from this rule was a favorable comment, so no other comments were received. Thank you, members' questions on 10B. See now without objection, the rule is reviewed and approved. Item C. The other role on hospital uh settlement payments is regarding the cost of settlement reopening process. This does not really change how we do it, but it clarifies and that we are in line with Medicare. It allows for hospitals to reopen their
cost reports up to 3 years after the date, um, with a $10,000 minimum. Um, this is allowed by Medicare, but typically within Medicaid we have to do everything with a 2-year look back or an eight-quarter look back by specifying in our state that we allow for that 3 years we're allowed to draw that federal match if they open after that 8 quarters. We received no comments on this role. Questions on 10C. Seeing none without objection the rule is reviewed and approved to I D.
Item D is our State plan amendment for our, um, CHIP program, Children's Health Insurance Program, Our Kids B, um, to allow for the transition to fee for service dental after a secondary review of all of our documentation, it was determined that we did add the words healthy smiles into the chip plan, so to be able to move that population we needed to do this plan amendment with CMS to move that 30,000 children. Um, so that is what this is here. You said it was 30,000 children. OK, great. Thank you. Members, any questions on 10?
Seeing none without objection, the rule is reviewed and approved. Thank you very much. We'll go to item 11, DHS division of Provider Services, quality assurance. Good morning. Good morning, Martina Smith, director for the
division of Provider Services and quality assurance. May I proceed? You may proceed. Thank you, Mr. Chair. The role that I have before you today are regarding the rules for nursing homes, the changes that we made in this version of the rule changes include updates uh based on uh bills and statutes that were passed during the 2023 session specifically at 313 and Act 503 we also updated the language regarding the procedures to report incidents regarding abuse, neglect, and
exploitation to the department. We updated the language around room classifications those uh changes were previously made in the cost reporting manual in 2022 and then finally we updated the rules around infection control to align with CDC guidance as well as Department of Health, um, guidance and federal regulations we had one comment regarding these rule changes regarding flooring we did not make any changes to that
section, but we'll be. Happy to look at any uh comments regarding those types of changes to future version changes with the manual and I'd be happy to answer any questions. Thank you, Ms. Smith. Members, any questions on 11A. Seeing no questions without objection, the rule is reviewed and approved. Thank you for being here this morning. Item 12, Department of Inspector General.
Morning, sir. Good morning. Thank you, Mr. Chair. Matt Bach, Chief Commissioner of the Arkansas Tax Appeals Commission. So these are amendments to the rules of procedure of the Arkansas Tax Appeals Commission. The rules were adopted originally in December of 2022, before the commission had heard a single tax appeal. Now after over a
year of operations, uh, these amendments are systematic revisions to further the mission. uh, mission of of hearing our tax appeals fairly and efficiently. And in addition, they pick up some changes from the 2023 legislative session, uh, specifically Acts 251 about the postmark rule and 346 concerning commissioner appointments, um, broadly, we sought to reduce pre-hearing requirements for a
lot of our appeals are self-represented small taxpayers to make it easier. Uh, provide standards that reflect some current practices and provide more clear procedural guidance and generally to seek plain language, clearer forms again to make things easy. I'd be happy to take any questions. Thank you, Matt. Members, any questions on item 12A.
Seeing none without objection, rule is reviewed and approved. Good morning. Morning. Kelly Black, director of the auctioneers' Licensing Board.
Lacey Kirchner, counsel for the department. You recognized to present your rule. These rules are to comply with Act 677 and 457 of 2023. OK, members, any questions on 13A? Seeing no questions without objection, your rules are reviewed and approved. Item 14, DPS, Arkansas State Police.
Good morning. You'll identify yourself for the record and you'll be recognized to present your rule. Jason Aaron, Lieutenant Colonel for Arkansas State Police. Joan Shipley, general counsel for the Department of Public Safety. Dennis Overton, lieutenant of Arkansas State Police. May proceed in reference to statute 1212, 1805 statute required the Arkansas State Police to promulgate rules. In regards to obtaining,
collecting, and destroying license plate reader data. Uh We feel like the rules, uh, I think you all have in front of you, uh. are pretty self-explanatory, pretty, uh, specific on those. Regarding those requirements by statute, we've also implemented, uh, policy as well to follow and, uh, kind of run parallel with the rules we've promulgated. OK Mr. Chair, there were no public comments during the public comment period. Yes, ma'am.
Senator Johnson, you're recognized for a question. Thank you, Mr. Chairman. Uh, gentlemen and lady, thank you for being here. Uh, this might be a little bit outside, but because there were no comments, there was no response to questions like I have, so I just want to clarify this, and I'm reading, uh, 1212, 1803, the statutory part that allows us and it's, it's, it's kind of a except as stated, you can't use these devices and it uh uh under it. It basically said accept and
provided in subsection B, uh, it is unlawful for an individual partnership corporation association or the state of Arkansas, it's agencies and political subdivisions to use an automatic license plate reader system, and then section B delineates the permissible uses, and I, I am aware of, I, I'll just give you an example. I I go to a car wash and they have my license number and when I pull in, it, it reads that and uh. Knows that I'm subscribed to their monthly service and
therefore, I mean, and there's nothing nefarious about that, but I'm wondering if as more and more things like that come along, if, if that is problematic in that the law doesn't say thou shalt not. It says only these may use this type of entity and it mentions parking enforcement entities and it it's, it, it to me, it's unclear. Does that mean like, uh, the city of Little Rock using it. Or a private parking lot using
it, so I'm just trying to, to say, do we have some potential uh either gaps in the law or some citizens who inadvertently may be in violation, uh, and the fact that there was no, and since I didn't see the actual nitty-gritty details of the rules and maybe Ms. Shipley, you can elaborate. They'll help us figure it out, but I just, I want to make sure that those are not, like I mentioned, like a car wash that's not using it for a nefarious purpose. Is is going to be allowed or if
y'all would recommend that we need to to clarify this in statute in the next session and is my question clear I'm a little bit, uh, I know I ramble just a little bit, but I think y'all hopefully understand because of the way it's stated, it's, you can't do it except the ones we listed here in, in, uh, subsection B. Senator Johnson, thank you for that comment. Um, I believe that most of the places like that have restricted. says Like the uh car washes and
things like that for the license plate readers in there for a specific purpose as ours are for a specific purpose and if the, if the legislature sees fit to go back in and uh. Clarify maybe then that would totally be up to your discretion, but ours are for a specific purpose. OK, well, again, the, the, the item in, in, in uh B4A that talks about the uses for the, for by the state police and the highway police. I'm obviously cool with
that. That's great and I know we've had some citizens that have come forth, uh, because now, uh, y'all are using some automated speed cameras and some things that people are feeling. Maybe Big Brothers intrusive, but you also, as I recall in the construction area in Saline County, y'all specifically say there has to be, uh, you know, a certified officer present for those to be legitimate uses. So I'm, again, I'm, I'm OK with every bit of that. I just don't
want any citizen to be kind of hoisted on a petard that they didn't know they were going to be doing anything wrong. So if, if y'all could look at that and make sure that We're not either leaving somebody out that needs to be regulated or not making it clear for those that are using it in a commercial manner like that. Thank you, Senator. We'll be happy to. Thank you for that and did you have something on that too? I like to add that, you know, these are license plate readers only. They do not issue tickets.
Nothing is automatically generated as a result of this read. It literally takes a picture of the license plate and that's, that's all it does. How is that data stored, Colonel? It's stored at the Gulf Coast Hada uh server in Houston, Texas. OK. I, I might want to revisit that later, but I won't do it in this venue, but I appreciate you sharing that information with us. Thank you, Mr. Chair and thank you, gentlemen and lady. Thank you, Senator Johnson. Members, any additional questions on item 14A?
Seeing no questions without objection, the rule is reviewed and approved. Thank you for being here today. Thank you. Go to item 15, Secretary of State. Morning, sir. Uh, good morning. Uh, Michael Harry, uh, general counsel for the Secretary of State.
Uh, the rule I have today is, um, in response to Act 441 of the last session. Um, We had a public comment period. There were no public comments. We had public hearing. There were no, uh, comments at that hearing. Uh, this is just, um. Insurers, helps us to ensure the accuracy of the voter registration rolls. OK, Michael, thank you. Members, any questions on item 15A. I see no questions that
objection, that rule is reviewed and approved, Michael, unless you're in a big hurry, could you stick around for a few minutes? I just need to visit with you offline about something as soon as this is over. Thank you, sir. Thank you all. OK. Members will go on our agenda now to item, uh, agenda item E. We're now at the point of updates concerning rulemaking from the 23 regular session. We have a representative from each agency here and stands ready to answer any questions that you may have concerning the status of their outstanding rules.
Those agencies with outstanding rules are listed under item E on your agenda. If there are any questions of any of the agencies, please specify the agency and we will have them come to the table. We have item E1 through 13. If you'll take a look at your list, if you have a question for any of these agencies, we will have them come to the table. I'll give you a minute to look through that list.
Senator Irvin, you have a question? You're recognized. Just If there is Can, can we can't we, if we're going to do this this way and not hear from them individually, which I'm fine with, but could they list the rule that they're that are that are remaining just so that we have an idea about what the rule is. Certainly. Because this really doesn't give us much information.
We can, yeah, we can ask them to provide every month what they have remaining and put that on the agenda ahead of time. Yeah, just a bullet point. Just a title and a bullet point under each one of these would, I think, be more helpful for the membership because I could call people up, but I'd rather just ask them offline. You know, what's happening because I may or may not be interested if there's one on here. Absolutely, thank you very much. Great point. Members
Any agency you'd like to call forward. And seeing no questions, we will move to item F. This is the submission of the October Monthly written update by the Oil and Gas Commission concerning rulemaking resulting from the 2024 fiscal session that update is in your packet. Is there any questions for oil and gas on item F?
I see no questions under F and without objection we'll file that October monthly written update. Having no further business