ALC-Administrative Rules

Good morning everyone. We will call this meeting of the ALC Administrative rule Subcommittee to order. Just want to remind everyone that if you wish to comment on a rule, please go ahead and sign in, be sure to specify the rule on which you wish to make comments on, we will be taking up those uh sign up sheets momentarily. Members, you also, uh, may notice that this is a commerce first committee you've been to this week. Uh, we have new equipment here in Mac A. Uh, some of, uh, already heard about this, received some correspondence about this, but I just wanted to take a quick moment and go over, um, some instructions, uh, if, if you are on this committee, then your name should be on your plate in front of you. If you are not on this committee, please sit in one of the seats that says Bureau of Legislative Research on it. Uh, these seating charts are keyed in by staff. To access your screen and your microphone, you will need to key in a PIN number for House members, that PIN number is a four-digit number, beginning with 1, and then 0 and then your district number. So if your district number is 43, then you would be 1043 on this for the Senate. Uh, it is, um, You, it's a four-digit number and your PIN is 01 and then your district number. So if your district is 35 as a senator, 0135. Uh, to indicate that you, uh, are going, uh, would like to speak, press the button on the bass on your mic stand, uh, your microphone and nameplate will light up to indicate that you're in the queue, that will be red, and then once you've been recognized by the chair, your microphone and your nameplate will turn green. Uh, please also be aware that signing in with your PIN to the system does not take the place of you signing in for this committee. Uh, so be sure and do that, uh, in the back, uh, for a record of your attendance. We'll now move to item B and item C on our agenda. We have no reports this month from executive or any of the ALC subcommittees concerning the review of rules. We'll go to item D. Uh, this will be, uh, agency rules for the month. I'd like to ask the, uh, Arkansas State Police retirement system, Members before the agency presents. Let me just also remind you that you probably can already tell, but the sound is very clear with the new system. Uh, these mics are very hot. If there is a microphone turned on anywhere around you, any everyone in this room and, in, in the back offices will be able to hear you, so I would encourage if you have some type of extensive sidebar conversation that you need to have, uh, you might want to step outside to do that, um, or just stand up and speak to everybody. Because we will all hear it. Ms Fetcher, if you'll identify yourself for the record, uh, you may present your rules. Amy Fetcher with the Arkansas State Police Retirement Board. And I'm Laura Gillson, general counsel. Good morning. So we just have a few rules that we are, um, striking. They are obsolete. This is for the, the State Police retirement Board, as you know, they have a tier one and a tier 2 system and, uh, these rules no longer apply to any of the members that are in the system. So, uh, the, the State Police retirement Board has approved submitting these to be, um, stricken. So I'll let Ms. Gilson tell us, go through them if you'd like. Please proceed. Uh, members of the committee, uh, rule 1 and 2 kind of go hand in hand. That has to do with refunding contributions, tier one at one point had contributory members and they had contributions, those could be refunded, and then that refund can be repaid to the system. There are no longer any tier one, officers at this would apply to. So both of these are there any questions about that rule? You go right ahead, man. We'll take up questions, uh, at the end of these. Rules 5 and 6, These rules also applied at a time when there was only tier one, and since that time, um, those definitions have been adequately defined in Arkansas code, so there is no reason for this rule or there are questions about it. It is a definition of final average salary, which is defined in the code. And, uh, public safety member, which is also the. Go ahead. Finally, Um, we have, uh, Repeal of obsolete rule 8, Which uh defined a retirement date again. It was narrower in the rule than it is in the law. And so the law is more friendly to the member and designating with a retirement have a rule that conflicts. And then the last rule is a, uh, rule repeal of absolute Rule 9. this involved a one-time ad hoc increase to, um, the salary and after the law was passed, the board realized they didn't know when to apply that ad hoc increase. So they had to pass a rule to clarify that. Again, it was a one-time increase, so it is now obsolete, um, and in the future, if they're, you're gonna have. The legislation, you know, proposed that, that it, it say when fits, and those are all the rules if you have any questions. Thank you, Ms. Gilson. Members, any questions on D1A through F on the repeal of these. Seeing no questions then without objection, oh, I'm sorry, Senator Hickeys. minute All right, really this is just on all of them and actually any other agencies that are repealing any, uh, are there any, is there anything in statutes since you're repealing these and they're no longer needed, that you need to bring to us in the session with the repeal so that we can just clean up that. Are you all planning to do that or have you looked through there? Not on these particular rules, but, but we do have some cleanup language we'll have during the sessions to any of these. OK, thank you. Thank you, Senator. Any other questions for the agency. Seeing none. Thank you very much for being here this morning. Members just make a note that, um, we will be passing over, uh, when we get to it, D3E and D 9 A um D3A was pulled at the agency's request. It would be the Department of Health and D9A was moved to the October agenda due to changes being made, uh, by the Secretary of State. We'll now go to D2. Good morning, Mr. Chairman Jim Hudson, Secretary of DFA. Good morning, Mr. Chairman Paul Geering, assistant revenue commissioner DFA. Mr. Chairman, I'm just gonna do a real brief remark, just kind of explain, you know, kind of how we got to where we're at today. Then I'm gonna let Mr. Gehring. Walking through the details of the proposed rule, uh, several years ago, the Department of Finance Administration. Implemented an administrative policy without rulemaking and without statutory authority. To allow a license holder driver's license holders in the state of Arkansas to, to change the sex on their driver's license at will, uh, and then they subsequently, uh, implemented a second administrative practice to allow individuals to essentially designate an X, meaning no, no, uh, sex or gender specified on driver's license again without going through any rulemaking. Uh, I became aware of that when I became secretary. And on March 12th of this year, I terminated that administrative policy, and then Mr. Gehring has worked up the proposed rule to implement the administrative steps that we need to follow to get us back to where we should have been all along. So with that, I'll let him kind of walk you through the proposed rule. OK. Thank you. Thank you, members of the committee, um, under Arkansas law, gender is required to be displayed on an Arkansas license, uh, as well as the person's date of birth, their name, their address, um, their height. And so what this proposed rule would do would require that gender be stated on the person's license as either male or female, and that information must correspond to the ident identification document that that person submitted when they applied for a license. Identification document generally is going to be a, a US birth certificate or a passport or some other document issued by Homeland Security. Uh, this proposed rule, um, would, uh, prohibit the department from issuing a driver's license or an ID card that has X stated on the gender or leaves that gender information blank on the license. The proposed rule would provide a process for a person to amend their gender, uh, on their license, provided they've submit an application and also provide an amended birth certificate that has been issued by the Arkansas Department of Health or the Vital Records Agency. Of a, of a similar government organization outside of Arkansas. The, um We had a public comment hearing on June 7th of 2024, and also in the subcommittee's materials, uh, we have provided the written public comment with the agency response to those public comments. Um, the department would be happy to answer any questions about the proposed rule. Thank you, Mr. Gehring. Members, any questions on D2A? Seeing no questions and without objection the rule is reviewed and approved. Thank you, gentlemen. Move to item D3. You'll identify yourself for the record, you may present your rules. Mr. Chair, members of the committee, I'm Laura, and I'm general counsel for the Department of Health. Craig Smith, attorney for the Arkansas Department of Health. Rick Mayhan, I'm the director of Plumbing and Natural gas, Department of Health. And our first rule, uh, for you today are plumbers, uh, rules and repeals, and I'll let Craig in committee members what you have before you is proposed rules to combine 4 rules into one as well as implement acts, 137 and 457 and add some additional provisions regarding backflow preventer, uh, installation and and repair, um, public comment period was held and expired on June 2nd, and no public comments were received. and with that open to any questions? And this, and I apologize, this includes repeal of the three rules that were Members, any questions on 3 A Seeing none and without objection, the rule is reviewed and approved, and to the agency, if you would like to go ahead and just present B through G. And then we'll ask for questions once you finish, uh, your list. Understood. Item B are our rules pertaining to on-site wastewater systems and we have, uh, our branch chief Terry Paul to help us present these rules and Mr. Smith is going to Terry Paul, Department of Health. Uh, item B, the rules pertaining to on-site wastewater systems, these rules are to implement Acts 137-457 of 2023 to remove some old language and uh proposed changes to incorporate good management practices. The public comment period expired on June 3rd, public comments were received or responded to in the report, um. And, uh, no comments warranted any changes. Um, Thank you Yeah, you're good. Oh, OK. Wanted us to go through all of our rules before we took questions. Is that correct? OK. You know, our next, uh, rule that we're going to present is, uh, massage therapy and we have our section chief, Kelly Kersey, that's here. Mr. Smith is going to present, present the rule. Kelly Casey, Arkansas Department of Health, section chief for massage therapy. Item C, the rules for massage therapy. These rules were, um, amended to implement Acts 45 regarding learning permits, 137 for military licenser 167 regarding master massage therapy and uh Act 531 regarding mandated, uh, massage therapists being mandated reporters, uh, public hearing was held on June 4th, and the public comment period ended on June 5th. Uh, public comments were received and responded to in the report, uh, but nonewarranted changes. For our next rule, we have the rules for home caregiver training. And we also have our, uh, branch chief present. And he'll introduce him. Shane David Department of Health. The rules for home caregiver training or, um, mirroring the original 2013 law and Act 70 of 2023, we had a public comment period, uh, between May and June of 2024. We received no public comments. Uh, this rule, um, amends the, uh, the rule to, uh, provide for at least 4 hours of training for, um, Alzheimer's and uh dementia training. Our next rule is the rules for cosmetology and body art in Arkansas and also includes the repeal for the body art. Kelly Kersey, Arkansas. Uh, these proposed rules combine the rules for cosmetology and body art, uh, after the, um, implementation of Act 688 of 2023. It also includes X 137,457, 5, 16 of 2023 as well as 135 and 720. 5 of 2021. The public comment period ended on July 10th. Uh, comments were received and responded to in the report, um, and as MXu noted, this includes the repeal of the body rules. We have a question representative Springer, you're recognized. Uh, good morning, Mr. Chair. I just wanted to make sure you indicated early on that we were skipping over rule E3E and we'll come back to it at some other time has been pulled by the agency. OK, good, because I did have some questions about that possibly next month on next month's agenda. That concludes our presentations and we're happy to take any other questions. Senator Hammer, you're recognized for a question. Thank you, Mr. Chair. My question is going to be on 3B rules pertain to on-site wastewater systems. Are these those portable wastewater systems that are utilized in subdivisions where maybe septic tanks aren't allowed or not suitable and they're unable to hook up to the, uh, municipality. Terry Paul health department, uh, Senator Hammer, they are referring to home systems primarily, uh, the, the subdivision treatment plan You're talking about are more, uh, in the engineered range where engineering and EQ, uh, review those. So these are residential septic tanks we're talking about under this rule. Yes, sir. OK. All right, never mind then. Thank you. See no other questions on items 3 A through G, while skipping over E. I need a motion to batch those items, not a motion, got a second, all in favor. I, without objection and items 3 A through G, with the exception of E have been reviewed and approved. We'll go to D4. Good morning. If you'll each identify yourself for the record, then you may present your rule. Good morning, Mr. Chairman. Janet Man, DHS. Elizabeth Pittman, division of Medical Services. Hill, aging Behavioral Health Services. Good morning. Yes, sir. Um, today before y'all, we have 4 rules. The first one is on the living choices rate increase that Director Hill will discuss. Thank you. Act 198 of 2023 requires the agency to um complete cost reports for assisted living facilities as a condition of participation in the Arkansas State Medicaid program. DHS, uh, retained the services of Myers and Staffer to compile these reports and analyze this data. The agency used a rate building methodology to account for diversity among the providers and also the impact of data outliers and used medians, uh, along with applying an inflation rate. The rates, uh, there were variable rates that were presented to the agency, the highest of which was 8673. That rate, uh, is what we are proposing to you to adjust the daily rate for assisted living facilities to be reimbursed at. This is up from, um, a rate that is split between rural and urban facilities at 8159 or 8567 for rural. So it is an increase for all facilities across the board. Public hearing was held on April 24th, public comment completed or concluded on 513 with four comments, all of which were addressed by the agency. This rate has been approved by CMS and pending approval by this body will retro back to July 1 of this year. And with that, happy to take any questions. Are there any questions for members on item 4A? Senator Hammer, you're recognized. Thank you, Mr. Chair, uh, just because I know some people are watching, it's gonna be retroactive back to July 1, but when will that, when, when will those payments go out? So the payments will be a reprocessing process. Claims have already been filed starting July 1, so it will not go out in a lump sum. The agency will have to reprocess those claims, and then it will go in and be effective going forward in their future claims. So, so it will take a little bit of time, but it will not be seen as a lump sum payment going out as We'll, we'll come back to you. Representative McAlinden, you're recognized for a question. Thank you, Chairman. Thank you all for being here. I just had a quick question. It looks like, um, in your report, you were eliminating the distinction between rural and urban facilities, and there is a big discrepancy in the reimbursements for them in the past. Can you just kind of explain why you want to eliminate that that distinction. The right when, when we looked at this, it was, um, a simpler process to us for us to look at the facilities as a whole, but to a higher rate across the board. And when we really began to look at the differences between the urban and the rural facilities, um, it, it, it's a region, it's, it's not, it's not the same across all regions of the state. Um, in some of our urban areas, it, uh, it may be more expensive to operate and facility due to hiring competition that it may be in a rural area. And so by, by increasing the rate for all the facilities, I thought this was a more equitable way and felt this was a better way for us to, uh, properly reimburse at the. uh, or at a number that was representative of the data presented by the assisted living facilities in the state. OK, and so even though there's discrepancy across the state, you feel like it it is equitable, um, And treats fairly the rural facilities as well as the urban facilities. Yes, ma'am. OK. Thank you very much. Senator Irvin, you're recognized for question. Thank you, Mr. Chair. Any discussions with these individuals that they will not be coming with legislation to increase this right in the next session. There have not been those discussions. We will be utilizing the legislation that was passed in 23 to do annual cost reporting, but other than that legislation being active for us every year. I'm not aware of any future legislation. Thank you. Senator Irvin, you're back, or excuse me, Senator Hammer, you're back up. Like Mr. Chair, so. If somebody had someone at July 1st in their facility. The process for being paid retroactive back to that date. Is they're gonna have to reapply or one more time real quick. No, it's called reprocessing and it's an administrative function that the agency does. The agency behind the scenes will reprocess those claims when the rate is loaded and depending on, um, the claim load for that week, I don't know if we will do it all at one time or if we will do it in pieces, but it will go into the queue for reprocessing those claims every week. So I'm not anticipating the pro. daughters having to do anything. And I'll, I'll let Director Pittman correct me if I'm wrong. You are not wrong. No, they can choose to if they would like to do it faster than we will, but they do not have to, we will do it for them. OK, but they have that option. So have you run a dollar total as far as what you anticipate this is going. I don't believe we have yet, but I can have the, the systems team do that and it's within your budget to make it up then because it's approved by CMS, right? It is approved by CMS and we are planning to absorb it. When you get that total, could you just, I'd be curious to know, please. Thank you, Mr. Chair. Thank you, sir. Members, any other questions on item 4A, seeing none, and without objection, the rule is reviewed and approved. We'll go to item 5, Ms. Pittman. Yes, thank you. Item 5 is an update to the Medicare and Medicaid crossover billing rules. Um, we allow for Medicare claims for duly eligible clients to immediately come over and process in our system. Um, we've made some changes to that to clarify the documentation that must be submitted. It's an integrity function does not increase the cost um to any provider or to the state. We received no comments on this rule. And we're happy to take any questions on it, um, but we can also go through all three. Members, any questions on 5A? Seeing none without objection, the rules reviewed and approved 5B. Um, 5B is, um, a disproportionate share hospital payment rule. This is to help reimburse and keep money in the state for the, um, hospitals when they treat the uninsured. Currently, we do not have the ability to redistribute DH if it's audited and it has to be paid back by a hospital. So our intent with this rule is to, if that occurs and we have, we can then send it out to other hospitals in the state if they have the bandwidth with uninsured. That way I don't have to send it back. To the feds. Members' questions on 5B. No questions without objection, the rule is reviewed and approved 5C. At 5C is a rule for vaccine counseling for children that are covered under the early and periodic screening, diagnostic and treatment program also called EPSDT. This rule was mandated by CMS. It requires that Medicaid cover vaccine counseling for any children, um, that a pediatrician provides it to. The rule does not require that the pediatrician provide the counseling or that a child receive it, just that if that is done, we pay for it. Uh, CMS has approved this rule and, um, happy to take any questions members questions on 5 seats see no questions without objection, the rule is reviewed and approved. Thank you for being here today. We'll go to item 6, Department of Labor and Licensing. Morning, gentlemen, if you'll identify yourself with the record, then you may present your rules. Uh, good morning, Mr. Chair, members of the committee, I'm Dan Parker. I'm the general counsel for the Department of Labor and Licensing. And to my left, yeah, he certified law enforcement officer Paul Burnett, who we are delighted to have as the director of the towing and recovery Board. Paul has an impressive, uh, law enforcement resume. And, um, one of the things that I like and I think you'll like most about Paul is he has a very non. Uh, no nonsense, uh, approach to regulation. If you're following the rules and representing the citizens of our state. We are not going to have a problem with you and we will bend over backwards to try and help you. If you're not, or you're breaking the law, or you're taking advantage of our citizens, whether it's uh. A commercial trucking company or a minimum wage worker. We're gonna have a problem with that, and we will use every tool in our tool kit to make sure you comply. Um, one other thing I want to mention before I get to our rules is, uh, Paul has a great relationship and we all do with our state and local law enforcement partners, uh, including the Arkansas State Police who will be presenting their, uh, towing rotation list rules here shortly and we want you to know we endorse and support their rules. Um, the reason we're here today is, uh, Act 840 of 2023 asked us to, uh, promulgate rules for the towing and storage of electric vehicles, as everybody knows, that's a growing industry and we're having more and more of those vehicles on the road and there are some different. I guess challenge is to make sure that they're towed and stored safely. Uh, little bit of history we originally took that mandate and with the help of one of our board members who knows a considerable amount about how things should be done in this area. We prepared rules that would mandate, uh, an assessment, uh, chain of custody procedures, uh, we would expect storage facilities and we would require licensure. Uh, in order to, I guess, make sure that electric vehicles were being towed and stored properly. Well, in consultation with our General Assembly partners and the governor's office, it was determined that we should take a more business friendly approach, uh, to the regulations. So, um, we have promulgated the rules as guidelines, uh, and we serve more in a informational type capacity for our industries because it's really in their best interest to make sure. Uh, that they have facilities uh and uh safely both. To and store their vehicles. Um, so we didn't want to create any new licenses. We didn't want to create any new, uh, additional capital expenditures for our businesses. So that was the approach that are ultimately taken in these rules. Um, the only mandatory requirement in the rules is that if there is an incident involving an EV, uh, an emergency or a fire or a catastrophic situation that you notify the towing board so we can kind of monitor and make sure that the procedures we have in place are working. And with that, I'll take any questions. Just for the record, Mr. Bernie, if you could identify yourself with the record, please, of the Arkansas and Recovery Board. OK, thank you very much, uh, members, you've heard rule, uh, presented on 6A. Any questions? We have a question from Representative Fortner. You're recognized her. Thank you, Mr. Chairman. I'm over here. Uh, is there any kind of uh. Extra training or any training at all for tow facilities that pick up an electric vehicle or or are asked to go get one, Fires, uh. Catastrophic failure, that type of thing. Uh, yes, there's a, there are organizations in place that offer that training a lot of our industry participants have already educated themselves and gone through that. There's no particular training mandated by the state, uh, at least through our office, uh, for doing that, but there is a, a bunch of information that's available out there and really our rules provide a bunch of that information and you can get more information from our website. Follow up, you're recognized. Are you uh contemplating perhaps making some mandatory training, uh, is, as the EVs get more prevalent. I, I think that's going to be dependent on what our experience is with the state. I read an article about 3 months ago in the Arkansas Democratic Gazette that we haven't had any EV incident in our state. Now that doesn't, I mean, it's inevitable that we do. They have happened in other. Places in the country. But at this point, it hasn't been a problem for Arkansas. So, uh, we're gonna put these rules in place and, and see what our experience is, but if we need to, we will. Thank you, thank you, Mr. Chairman. Thank you, Representative Fortner. members, any other questions for the agency on 6A. Seeing no questions and without objection, the rule is reviewed and reproved. Gentlemen, thank you for being here today. We'll Good morning. If you'll identify yourself for the record, then you may present your rule. Good morning, Ms. Lacey Kirchner, counsel for the Department of Labor and Licensing. Good morning. Uh, my name is Diana Piaski. I am the director of the State Board of Appraisers, abstractors and Home Inspectors. And to present our role this morning, um, as pursuant to Act 628 of 2023. Uh, it combined the appraiser licensing board, the abstractors Board, and the Home Inspector registration Board into the newly created State Board of Appraisers, Abstractors, and Home Inspectors. To efficiently combine the rules of all three divisions and minimize duplication of the rules for each division. The rules for each division and that were in effect prior to Act 628 of 2023 are being repealed. Um, and replaced entirely by a 5 chapter volume of rules. These chapters are general applicability appraisers, appraisal management companies, abstractors, and home inspectors. These rules were promulgated and there were no public comments received. In preparing for today's meeting, however, uh, members, um, I discovered that I made a mistake. I made a technical error which, um, is also known as the topographical error on pages 79, 80, and 88 on those pages under chapter 5, I've referenced chapter 4 when it should have said Chapter 5. I do apologize for my error and with that, uh, we will take any questions. Questions for 7 A. Senator Hammer, you're recognized. Thank you. Just, could you give us a brief update since you combined the boards, um, are you caught up on complaints and what is the backlog of licensers's licenses being issued. Can you just give us a snapshot? Absolutely, sir, and in anticipation of anticipation of your question, I'll look the numbers up yesterday. Uh, we are, uh, from my perspective, sir, we're doing fabulously, uh, with complaints, I did I had a backlog of appraiser complaints. I'm down to 20 with all of those with 16 of those being for 23 and 24 complaints that were received, so we are up to date. I've got 4 that should be resolved before the next board meeting so they can be ratified. So appraisers are doing well, home inspectors, uh, is where I am the most proud. Uh, we are down to compliant. We have 4 open complaints, and they only go back to June of 2024. So we are current, um, with both in abstractors we have no compliance, uh, but I have created a new, um, office policy and process for the processing of complaints, which will keep us current from now on. With respect to the issuance of licenses, so it only takes a few days for someone now to receive their license. Uh, we have streamlined that with the moving, uh, all of our divisions over to the electronic licensing platform. So I think we've made great strides in the 16 months, sir, that I've had, uh, this new board. So as far as licenses being issued, everybody's getting them in a timely manner. The backlog is cleared up and everybody is duly licensed to be out there doing business. Is that the summation? Yes, sir. I think we're doing great. Thank you. Members with no other questions without objection, uh, this rule will be reviewed, show us reviewed and approved with the changes noted by, uh, the presenter. Thank you for being here today. Good morning Yeah Go ahead and keep that up. Good morning. uh, just ask you each identify yourself for the record and then you may present your rules. Shipleysel for the Department of Public Safety. Chris Goodman, I'm captain with the state police. Lieutenant Darren Austin. Thank you for being here this morning. Thank you for this opportunity, Mr. Chair. Uh, we only have the rules for the towing rotation list today and I, and, uh, Captain Goodman is going to give the committee an overview. Yes, sir. There's been no new legislation, uh, that forced us to change these. We just wanted to, uh, when we reviewed them, we wanted to update them, uh, make them better for our citizens as well as maybe clear up some things that were a little bit gray or very outdated. They hadn't been updated in I think 16 years. Uh, and so some examples of how we tried to improve it for our citizens was that we're gonna ask the towing companies to be able to accept payment with debit and credit cards. On the scene, uh, that hasn't happened and so in the past, if a citizen, and I've witnessed it, was run off the road sometimes maybe by another person and all they needed is pulled out of the ditch. They had to have a couple $100 in cash on hand or the towing company was going to take their vehicle, um, and hold it until they got paid. And so we've, we've tried to improve it on that. We've made the storage areas where the vehicles are going to be stored a little more secure to prevent thefts and, and. Damage to their vehicles while it's impounded, um. We've asked that, uh, towing operators be able to, uh, transport at least one person if they're involved in a, a crash or some kind of incident where they can get them to a safe location, uh, away from the incident scene. Uh, to help the towing companies. We've, uh, I think the biggest thing that we did to help them is to allow them to hire drivers that have Uh, D and C felonies, which are generally nonviolent, more than 7 years prior. So they've shown to be a good citizen, shown to learn their lesson from some nonviolent felony, and we're gonna, in the past, that's been a no, they can't hire them and they can't toe for us, uh, we're going to allow them to, to drive now, uh, with our discretion. Uh, and then 4.1 was we eliminated a lot of obsolete equipment that they were mandated to have to be on our rotation, so we got rid of a lot of that. And in general, I think we just cleared up a lot of the rules to make it more clear for them to understand what's expected for our own people to understand what's expected and for our citizens to understand. Uh, what they should expect. I'll be happy to answer any questions. Thank you, Captain. Members, any questions for, uh, Department of Public Safety on 8A. I have a question from Senator Hickey, you're recognized just, just one and I, I wanna make sure just to clarify what you say, the towing company, that's just gonna be an option as far as the debit, the credit, they are still going to be able to take cash, correct sir. That's, that's, I thought that's what you meant. I just wanted to get, get that they need to be able to take credit and debit cards and cash. Yes, sir. Yes, sir. Thank you, Senator. Senator Hill, you're recognized. same area. Yes, sir. Is there a limit on the uh upcharge as far as the service charge goes at the towing company can charge on the credit card. We don't really regulate the pricing, that's more the tow and recovery board, uh, we just ask them to stay within the industry standards, so we can review that, maybe compare it to the other companies in that area, uh, to see if they're within. a normal range, but that would be more of the tow and recovery boards, uh, OK, thank you for information. Yes, sir. Thank you, Senator. Members, any additional questions? And without objection, the rule is reviewed and approved. Thank you for being here today. Thank you very much, Mr. Chair. Members have mentioned before, item 9 has been pulled by the agency, uh, be moved to the October agenda. We'll go to uh 10 State Board of Election commissioners. Gentlemen, thank you for being here today. If you'll identify yourself for the record, then you may present your rule. Mr. Chair. My name is Madison. I'm the director for the State Board of Election Commissioners. Waylon Cooper, I'm the legal counsel for the State Board of Election commissioners. Please proceed. Thank you very much. So before you today is the rule regarding voter registration, the, uh, executive committee approved an emergency rule back in May, and so that we can go through the promulgation process to do this rules. It's basically identical. There was one topographical error that BLR noted and when we quoted from Amendment 51 in the rule, that was the only minor change. We held a public comment period where we received, uh, several, about 200 comments through email. We also held a public comment hearing that lasted about an hour and a half. Uh, that is in the packet of information that was provided, uh, the board reviewed those and approved the response to the public comments and then approved the rule to move forward for promulgation and just roughly what it is is we had a circumstance where The board became aware that there were, um, a third-party registration organizations outside of either DMV or Secretary of State or anything like that that we're using, uh, Tablet type things for people to register and they registrants were signing electronically and what was happening was some county clerks were accepting the electronically signed voter registrations. We had other county clerks that were not accepting the electronically signed voter registrations. Under Amendment 51, Section 5E, the State Board of Election Commissioners is tasked with adopting rules and regulations for the uniform and fair administration of voter registration. And following review and discussion, adopted this rule to create a clear rule for county clerks to follow so that all applicants in all counties are treated the same. And with that, I'll take any questions. Members, any questions for The agency Representative Springer, you're recognized for a question? Good morning. Thank you, Mr. Chair and thank you again for being here. Um, I participated in that meeting where we had that emergency uh session. Um, it's my understanding that our state likes the idea of making sure that we implement processes that are effective, costs justified. So when I, I read your report with respect to what you had done, that you had checked with other states to determine whether what process that they were using, and you've concluded that Arkansas was. In line with other states, but my question to you is whether or not maybe going to an electronic system would be more cost effective to the state of Arkansas. Have you checked into that to determine whether or not that's the case. So specifically, I have not checked into that. I do know that there have been two prior attempts to to allow the Secretary of State to do online voter registration systems, um, in the 21 session and the 23 session, and both of those bills failed at different points throughout the process and the Secretary of State as the chief election official is really the one that houses the state system for voter registration. Um, we're tasked with adopting rules for the implementation of it, but the Secretary of State's office is one. And whether that uh, the legislature as a body wants to adopt a rule or a law to allow the Secretary of State to do that. That is entirely a policy question for the state. What up, Mr. Chair. You recognized. Go ahead and key your mic back up. You'll have to sign back in or. Go ahead and punch a button. There you go. OK, I've almost forgotten my question, but anyway, I, I guess my, my concern is that there we, there's a process that's in place that I believe would be more cost effective for the state and yet and still we're continuing to do this old, um, for lack of a better word, antiquated process that is being used now, is that something that you all can usually can do is recommend to the state of the Secretary of State that they change our system so that we can be more up to They just like we have these systems here that we're speaking on now so I would think that it would be more cost effective for the state of Arkansas to utilize something that's that's more electronic rather than what we have in place now. So I can't speak on behalf of the board because they haven't had that specific question and I haven't been given specific direction on that on behalf of the board, but it is a question that I can pose to the board. One of the things I might suggest is whether or not the legislature wants to direct the Secretary of State or our agency to do an interim study to determine the cost effectiveness of that. That's something that, you know, could definitely be done so that we can provide information to the legislators so you can decide what policy practice you want to adopt. When is your next meeting? The state board next meeting. So that maybe I can come there and make that recommendation to them Wednesday the 28th at 1:30. Thank you. Thank you, Representative, gentlemen, before, uh, we take the will of the body, we do have someone who has signed up for public comment. Uh, so if you'll just sit tight for just a moment, uh, Kristen Foster. You're still here Foster, if you'll come to the table, identify yourself for the record and then. He recognized to speak. Against the rule proposal. Good morning. Thank you. Um, my name is Kristen Foster. I am the deputy executive director for Get Loud Arkansas, and the creator of the online tool that's at the center of this debate. OK, and if you could have gentleman recognized himself as well. Sure, good morning. My name is Peter Schultz. I'm an attorney for Get Loud, Arkansas. OK, thank you for being here. You're recognized to provide your comment. Thank you. For anyone not familiar, Get Lot, Arkansas is a nonpartisan civic engagement organization founded by former state senator Joyce Elliott to increase voter registration and voter participation across the state. As many of you know, Joyce is recovering from a medical event and cannot be here today. But since Get Loud, Arkansas launched in December 2021. It is It's been my honor to work alongside her and witness her tireless commitment to registering and mobilizing every eligible voter to make their voice heard at the ballot box. As her former colleagues, I'm sure you know, Joyce would want me to get right to the point. So I will try to do that, and by not restating some of the obvious reasons a wet signature rule is unnecessary and antiquated. It's no secret that we all use electronic signatures in our daily lives or that allowing these electronic signatures would make it easier for our Kansans to register To vote. I want to come at this from a little bit different angle. What I want to focus on is the opportunity this committee has to follow the guidance of Attorney General Tim Griffin. Last week, Attorney General Griffin released a video explaining some of the ins and outs of the ballot initiative process. And at the beginning, he commended Secretary of State John Thurston for correcting a quote, We've always done it this way, practice that did not comport with the law. That statement really stuck with me because today the State Board of Election commissioners is here asking this committee to vote in favor of a we've always done it this way practice that doesn't comport with the law. In the ballot initiative video, Griffin went on to say that it requires leadership to follow the law wherever it may lead. Today, I'm asking all of you to exhibit that same type of commendable leadership by following the law wherever it may lead, not according to me, but according to Attorney General Tim Griffin's own guidance issued April 10th, 2024, which stated in part that in 2001, the Arkansas General Assembly adopted the uniform electronic Transactions Act. ETA, which affirms the validity and legal effect of electronic signatures in certain transactions. The UETA provides that if a law requires a signature, an electronic electronic signature satisfies the law. Consequently, given the historical acceptance of signatures produced through a variety of means, the widespread acceptance of electronic signatures and the fact that Amendment 51 does not contain any restrictions on how a signature or mark may be made. I believe that an electronic signature satisfies Amendment 51's signature or mark requirement. And that's from the AG opinion 2024-049. Furthermore, ACA 103309 explains that this committee was created as a safeguard against overreach in rule-making authority by a state agency. So today I am asking you all to be that safeguard for the people of Arkansas by voting against this proposed rule. Thank you and I'm glad to take any questions. Ms. Foster. Members, any questions, uh. Miss Foster, See, no questions. Thank you for your statement. We appreciate you being here today. Members, uh, based upon that statement, any questions, uh, for the agency. Senator Hammer, you're recognized. Your response? Thank you, Senator. Um, a couple of things is first, the, this rule does not affect or have any implication related to the ballot initiative process, which is the first point that was referenced. I understand the idea of electronic signatures. Um, it really, it's a matter of related to the issue of doesn't, uh, comport with the law is really a matter of statutory construction and what the state board did versus the Attorney General's one, the state board has the authority to adopt the rule. I mean, that's clear in Amendment 51, the state board has this authority. So when you get to exercising that authority, there's ways you can interpret the law, and that's what we have lawyers for and that's what the issues are. And the attorney General's position was, was that the Amendment 51 allows computer processes for certain agencies, registration agencies such as DMV, Revenue, uh, Disability agencies, those type of things. And it's specifically mandated for DMV. So if you go to the revenue office and renew your driver's license, you're gonna ask if you want to update your voter registration or registered vote, you can do that as part of the process. It did not create computer processes for third-party registration organizations or, you know, people out on the corner getting people signed up. They're doing voter registration drives. That's totally fine. It's great. We want to encourage voters to sign up and to register to vote and make sure they're updated. The Attorney general, what he is I understand the opinion was that the law allows it for registration agencies, and then we talk about the uniform electronic Signature Act permits electronic signatures in some cases. And then they said, so us, you know, it could be permissible. OK, that's fine. The state board, however, took the position of under Amendment 51, the law says it allowed for this entity, thus it is not allowed for this other entity. It's a rule of exclusion that says if I permit it expressly in one place, it means it's expressly prohibited in the other place. And that was the interpretation that I believe the board took and adopted in this. Secondly, related to the UT the electronic Signatures Act. In fact, in the response to public comments, because that issue was raised in the public comments is I'd like to read to you some of the law that talks about that's adopted by the legislature related to electronic signatures. And it says this chapter does not require a record or signature be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or electronic format. That section continues, and I'm quoting from 2532, 105A. This chapter applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means. That's important. Further. That section provides whether an electronic record, electronic signature as legal consequences determined by this chapter and other applicable law. That's important. And then finally, Arkansas law provides that each governmental agency of this state shall determine whether the weather and the extent to which it will send and accept electronic records and electronic signals to and from other persons and otherwise create generate, communicate, store, process, use, and rely on electronic records, electronic signatures. And that is Arkansas code 2532118A1. That section concludes with this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures. So the law that they're relying on allows electronic signatures. Unless the governmental entity. That is responsible for that, says, you're not allowed to use electronic signatures. The state board has the authority to adopt the rules. The state board took the position that it's permitted for certain agency. It's not permitted for other agencies. Thus, we comply with not only the mandates of Amendment 51, but with the electronic Signatures Act. And with that, I'll take any other questions. All right, thank you. Thank you, sir. Members, any additional questions based on that testimony? Seeing no questions without objection, the rule is reviewed and approved. Thank you all for being here today. Members going to item E without objection, uh, we need to suspend the rules to consider two rules by the Department of Elementary and Secondary education. No, just no objection. With no objection, then I will call. Uh, the department to the table to take up item E1 A and B. Good morning. Courtney Solis Ford, Chief of staff for the Department of Education. Good morning, Carla Saracini, Assistant Commissioner of Educator Effectiveness and Leener. Good morning. Thank you for being here. You may proceed your rules. So the first rules governing overnight travel and use of public school lavatories in public schools. Um, if you recall, we brought these rules to you at the, uh, special meeting in July, but then we pulled them the day of, um, due to many questions about them. We have made some minor revisions regarding the identity of a locker room and How it can be used. Um, we took those rules back to our state board earlier this month for approval and so now we are bringing them back to you for approval, and, uh, I'm happy to answer any questions on item E1A. Seeing no questions that objection, the rule is reviewed and approved, go to item B. These are rules governing educator licensure. Um, we also had to pull these rules from your consideration last month to make a change that was pointed out to an error pointed out to us by BLR, um, so we've made that correction and the in, in essence, these rules add flexibility that was many different avenues, um, put in place from legislation during the 23 session. Um, Held public comment we received hundreds of public comments which we went through, um, and evaluated, and so I am happy to answer any questions as is, uh, Assistant Commissioner Sarah Seinney, who can answer any questions you have. Thank you, Ms. Any questions on E1B. Seeing no questions without objection, the rules reviewed and approved. Thank you for being here today. Thank you. Go to item F. Uh, this is the remainder of the Group 2 rule reports under Act 781, 2017 in Act 65 of 2021 as a reminder, the agency indicated in its report those rules it wants to extend and enforce and if those, if any, uh, they need to repeal. Uh, this subcommittee may accept or reject the recommendation of an agency to extend or repeal a rule. Uh, first up on the agenda item F1 is the Arkansas. Waterways Commission. Morning members. My name is Jake Winley, director of legislative affairs for the Department of Commerce. The Arkansas Waterways Commission currently has one rule in effect. It is the poor intermodal and Waterway development grant program. We are asking that that rule be continued in enforcement. There will be an amended version of that rule before this body next month. Thank you, sir. Members, uh, do I have a motion to accept the commission's request to extend the rule. I have a motion of 2. All those in favor. I opposed. Motion carries. I F2. This is the roll report for the division of Aeronautics. We currently have no rules in place, none that we'd like to enforce and none that we'd like to repeal. Seeing no action needed to extend or repeal. No action will need to be taken on that. We'll go to item F3. Good morning, David McCoy. I'm general counsel for the division of Workforce Services. Um, we have, as you know, uh, division of Workforce Services includes DWS and also Arkansas rehabilitation Services adult education, and the division of Services for the blind and so in this report, we consolidated that under the DWS report and we have, uh, 5 rules that we would, we're asking to repeal, whether or not really rules or policies or rules that have already been in place, replaced, uh. Beginning with, uh, the adult education state plan. This is a weowa state plan workforce Innovation opportunities Act state plan that was in that was placed in the rural library in Uh, looks like 2 1992 that needs to be, uh, just, uh, cleaned out. Uh, we are under a current WA plan. Uh, the Arkansas Rehabilitation Services. I was going to go through each of these all at once. Yes, that's fine. OK. Arkansas rehabilitation services, uh, operating procedures policy and procedures manual has been, uh, replaced in 2019 by an updated manual. The ARS state plan for vocational rehabilitation services and supported employment services, that's, that's another we owe a state plan from that is out of date. And that has, uh, and, and is that program is under this program year. Uh, we owe a plan. Then there's the ARS State unified plan for July 1, 2000 through July 30th, 2005. There again, there's another state plan that, that just remained on the books and is out of date. And then the division of services, state services for the blind, living independence for elders, life manual, uh, this was, uh, replaced in 2021 and somehow remained on the books. So we're asking that, that, uh, These 5, these, these 5 rules or policies be, be repealed and all others will remain in fact we are currently systematically working through modifications and amendments to, um, Rules through all these agencies you, Mr. McCoy. Members, I need a motion to accept the division's request to repeal the five rules. I have a motion of 2. Any discussion on the motion. All in favor say aye, pose nay, I just have it motion carry, sir. Thank you for being here today, repealing those rules. We'll go to item 4. Office of Skills Development. Jay Quinley, director of legislative affairs for the Department of Commerce. The Office of Skills Development currently has 7 rules in place. We're recommending that they all remain 4 of those rules concern apprenticeship programs, respectively, plumbers, electricians, construction trades and traditional apprenticeships. One rule, it concerns the bylaws for the Board of Workforce Education, one rule covering OSD's grant programs, and finally, one rule covering secondary technical centers, an amended version of that last rule will be before this body next month. Thank you, sir. Members, I have a motion. Accept the office request to keep and extend its rules as outlined in the report, I have a motion to have a second. I have a 2nd. Any discussion on that motion, seeing none all in favor say aye, oppose nay. I have it. Motion carries. Thank you, sir. Thanks. Go to item 5. Will the State Board of the bombers, funeral directors, cemeteries, and burial services when you have you come to the table. Good morning. If you identify yourself for the record, uh, make your presentation. Good morning, Mr. Chair and members. I'm Tasha Tidwell, the attorney for the state board of embalmers, funeral directors, cemeteries, and burial services. We have only one rule that we are wanting to repeal it is that for the continuing education rule as it is being covered in rule one section 2 that was fully promulgated in June. All others that are remaining for us. Thank you very much. Members on your motion to accept the board's request to repeal the one rule as stated to keep and extend its other rules as outlined in the report. Do I have that motion. I have a motion in a second. I have a second. Uh, any discussion on the motion? See none all in favor say aye, oppose nay. Motion carries. Thank you very much for being here today. We'll go to item 6. This is the final agency in the group 2 report state insurance department. Uh Thank you, Mr. Chair, Booth Rand, general counsel, Arkansas Insurance Department, we submitted a report to this body. We have over 128 rules, however, uh, we need all of them in place and we have none to repeal. Thank you, Mr. Rand members, we, I need a motion to allow the department to keep and extend. I've got a motion and second, any discussion on the motion? None, all in favor say aye, pose nay, motion carries. Thank you, Mr. Rand, for being here today. Members will go to item G. We're about to hear in-person updates on rulemaking from the 2023 session, uh, Act 595 1st provides in an agency shall not be required to appear if the newly enacted law requiring the rulemaking is subject to litigation. An agency must provide written notification of that litigation involving the new rule, and updates the written notification when the litigation is resolved. The Department of Education has provided notification as it's concerned to one section of the Learns Act and requests to be excluded. From reporting on that section. If the department would please come to the table briefly explain their request. Morning, gentlemen, if you'll identify yourself for the record, you may present your request. Thank you, Chair, members of the committee. Andreas Rhodes, chief legal counsel for the department. Daniel Thank you, Chair. Uh, on June 14th, 2024, the Department sent a request to the bureau requesting to have the requirement of section 16 of Act 237, uh, be removed from the Act 595 report. Uh, as you know, uh, we're undergoing pending litigation on Section 16, this particular lawsuit is currently in the 8th Circuit. Briefing is ongoing and no hearing has been set as of yet, uh, at the 8th Circuit. I don't take any questions. Members, any questions for Mr. Rhodes on G1 regarding this request. I see no questions. I need a motion to exclude the department for further reporting or rulemaking related Section 16 of Act 237 of 2023 until the litigation is resolved. I have a motion from Senator English. I have a second. I have a second Senator Hill. Uh, any discussion on the motion? None, all in favor say aye, oppose nay, the ayes have it, motion carries. Department go and stay at the table. I believe you're up next. Uh, we'll go to item H1. These are in-person updates concerning rulemaking from the 23 regular session. Mr. Rhodes, you're recognized. Thank you, Chair, members of the committee, uh, the first rule on the report would be the rules governing public school choice. Um, those rules will be presented to the State Board of Education for final approval at its next meeting in September. See no questions from members. Thank you for your appearance here today and that update. Don't you have another one? We have several more. I don't know if you want me to go one by one, we'll go through all those. OK, thank you, chair. The next rule would be the rule governing the transportation modernization grant program, uh, that will be presented to the commission for Arkansas Public school facilities and transportation for final approval at its next meeting. Continue the next rule is the standards for state aid for public libraries that has been drafted and it's awaiting final review and approval. We anticipate presenting this role to the state library board at its next meeting. The next rule is the rule governing academic facilities, partnership program, which will be presented to the commission for Arkansas Public school facilities and transportation at its next meeting. The next rule is the rule governing the approval of computer science-related career and technical education courses. That rule has also been drafted and is awaiting final review and approval and we anticipate. Sending that rule to the state board at its October meeting. The next rule is that rule governing vocational startup grant program that rule has also been granted and as a awaiting final review and approval. Likewise we anticipate taking the role of the state board at its October meeting. The next rule is the rule governing child sexual abuse and human trafficking prevention program. The rule has been drafted and is awaiting final review. Again, we anticipate presenting the rule to the state board in the future. The next rule is the rule governing the the Arkansas educational Support and Accountability Act. That rule has been submitted to the Bureau for ALC approval after being approved by the state Board of Education at its last meeting. The next rule is the rule governing school district waivers, which has also been drafted and is awaiting final review and we anticipate presenting the rule to the state board at its October meeting. The next rule is the rule governing grading and course credit, which also has been drafted and it's awaiting final review and approval. We anticipating, we anticipate presenting the rule to the state board at its October meeting. The next rule is the rule governing course choice program, which also has been drafted and it's awaiting final review and we anticipate presenting the rule to the state board at its October meeting. The next rule is the rule governing dyslexia screenings. Which will be released for a 2nd round of public comment. After the department made substantive changes pursuant to the first round of public comment. The next rule is the rules governing the Arkansas Better Chance program. They will also be released for a second round of public comment after the agency made public comment changes that were substantive. The next rule is the rule governing the implementation of the Braille and larger burn textbook appropriation, which will be presented to the state board at its next meeting in September following public comment period. The next rule will be the rule governing career-ready pathways in Arkansas public schools, which will be released for a second round of public comment after the department made substantive changes personally to the first round of public comment. The next rule is a rule governing consolidation and annexation of public school districts. That rule is currently in a public comment period, which will end on September 13th, 2024. A public hearing was held in August 20th, 2024. The next rule is the rule governing the implementation of the in-patient and residentialial facilities appropriation that has been drafted and is awaiting final review and approval. We anticipate presenting this role to the state board on in October. The next rule is a rule governing implementation of the juvenile detention facilities, appropriation, which has been drafted and is awaiting final review and approval. We anticipate bringing this world to the state board in October. The next rule is the rule governing public charter schools. That rule has also been drafted and is awaiting final review and approval. Then we have the rules governing, we have a number of scholarship programs at the division of higher education. These, the following rules have been approved and have been sent to the Bureau for ALC approval at a future meeting. Those rules are the Arkansas concurrent Challenge scholarship program, the Arkansas Future Grant program, the Teacher Academy scholarship program. The Arkansas governor's scholars program. The Arkansas Workforce Challenge scholarship program. The governor's higher education transition scholarship program. The productivity funding distribution policy. The following rules are currently in a public comment period which is ending on August 28, 2024. And those are the Washington Center Scholarship program, the military dependent scholarship Program, the EEO Deependent Scholarship Program, the student undergraduate Research Fellowship. The state teacher education program and the teacher opportunity program. We anticipate bringing these rules to the higher education coordinating Board at its next meeting for final approval. The next rule is the one governing sustain sustainable building maintenance program, and it's currently in a public comment period ending on August 28, 2024. We also anticipate bringing this role to the higher ed coordinating board at its next meeting. The following rule is the rule governing emergency response equipment and institutions of higher education. That rule has been drafted and is awaiting final review and approval. We did promulgate a similar rule for for K through 12 schools, uh, the language is largely the same. The next rule is the rule governing financial aid appeals and is currently in a public comment period ending on August 28, 2024. We anticipate presenting this rule to the higher education coordinating Board at its next meeting. And lastly, the rule governing universal economic credit has been drafted and it's awaiting final review and approval and we anticipate bringing this rule to the higher ed coordinating board and its next. Thank you, Mr. Rhodes, members, any questions on any of the updates as presented? So no questions. Thank you, sir, gentlemen for being here, your appearance today and the updates. Next H2 Department of Agriculture. Corey State's Department of Agriculture. Morning, sir. Sir, the department is here on one item. It is the liquid Animal Waste Management Systems rule. That rule is currently within the public comment period, which will run until September 2nd, uh, the, uh, department anticipates that the, uh, final draft will rule will be, uh, placed on the agenda of the rules subcommittee in October of 24. Thank you, Mr. Seeds. Members, any questions on this rule update? From the Department of Ag. Seeing no questions. Thank you, sir, for your appearance and update. Item 3, Department of Commerce, AEDC. Jake Gwinley, director of legislative affairs for the Department of Commerce. The Arkansas Economic Development Commission has 3 matters. present today. First are amendments to the Arkansas Business and Technology Accelerator grant program. This is to reflect changes to the program resulting from Act 834 of 2023, that act amended the definition of. Eligible businesses under the consolidated Incentives Act to include businesses that had NAICS codes for solid waste incinerators, public comment period on this role has closed. We anticipate it being before this body next month. Similarly from that same act are potential amendments to the consolidated Incentives Act rule itself. The AEDC looked at the role along with myself and the council for Department of Commerce and Act 834 does not require rulemaking. It's a may, not a shall rule. Same thing with the consolidated incentives Act, after looking at the rule, we're considering the possibility of whether it be repealed in its entirety simply because the rule simply restates the statute and at most provides industry guidance that would be better served by a memorandum or an external facing dock. Final update is amendments to the digital product and motion picture industry Development Act of 2009, what we're calling the film rule. The amendments sort of reflect changes to law that allow for increased incentives for multiple productions that occur within a limited time period within the state, um, public comment period is currently ongoing in that rule. It'll close on September 1st. We anticipate it being before this body in October. Mr. Winley, thank you. Members, any questions for H3. Seeing no questions, thank you for your appearance and the update on those rules. H4 Department of Commerce, State Board of Embalmers, funeral directors, cemeteries, burial services. Good morning again. Um. For rule 6. The public comment uh timeline has closed. We held the public hearing on July 16th, 2024 and we are set to appear before this body next month. Members, is that the only update that you have today? That is it. OK, thank you. Members, any questions for Miss, uh, Tidwell on this update. See no, thank you for your appearance and your update today. Next up, H5 state insurance department. Hello again, Booth Rand, general counsel, Arkansas Insurance Department. We have one delinquent rule, Rule 118, that is our PBM rule. We've had to refile it twice. We have a public hearing scheduled for September 10th. It is our goal, uh, to get this rule over to this body on its October meeting, and we are now in public comment period. Thank you, Mr. Rand. Members, any questions on this one rule update? I see no questions. Thank you for your appearance here today and the update to that rule. Item 6, Department of Corrections. Good morning, Tony Roll, Department of Corrections, uh, corrections is here. We have 7 total rules, um, that still need to be promulgated. 5 of those, the statute actually doesn't go into effect until 11 of 25, um, of those two, are dealing with the earned release credit Committee and earned release credits. Those are both promulgated by the Board of Corrections. The Board of Corrections approved the earned Release Credit Committee rule, and that committee has started meeting sort of informally to provide guidance. on the actual rule for earned release credits. The post-prison transfer board has two rules, one for the award of earned release credits and one for revocation of post-release supervision, both of those are in progress. The Sentencing Commission has a rule for eligibility for transfer to post-release supervision. That is slated to be on the September rules agenda. And the Secretary of Corrections has two rules. Um, one is for visitation of minor children. Um, that one is in draft progress. We're working with the board of Corrections to make sure that There's no conflict between the secretary's rule and the board's rules on visitation. And the last is for the prison Rape Elimination Act and that one is scheduled to be on the September agenda, and I'm here for any questions. Members, any questions from the Department of Corrections and the rules on item 6. See, no, thank you for your update and your appearance here today. We'll go to item 7, Department of Energy and Environment. Good morning, Lauren Ballard, Chief of Staff, Department of Energy and Environment. Keisha Morrison, Chief counsel, Department of Energy and Environment. Good morning. We have one delinquent rule from the 2023 session and it is pollution Control and Ecology Commission Rule 36 related to the used hire program that, um, rule is just to update, uh, the Codification that the changes in legislation in 23, uh, that has been completed, that drafted drafting has been completed and is now, um, pending with the governor's office, um, here very recently, so we hope to have, uh, something back to this body. Members' questions for the agency, Dean Nunn, thank you for your appearance here today and the update on that rule. Item 9 DFNA revenue division, or excuse me, regulatory division. Trim in Department of Finance Administration, regulatory division. Good morning, Christy Bjornsen. I'm the director of Alcoholic Beverage Control and alcoholic or I'm sorry, Arkansas tobacco Control. You may proceed. ABC has 10 outstanding rules, part of it's, uh, that are in the process of promulgation part of the Act 595 report, all 10 of those rules will be before this subcom. Members, any questions on those 10. Rule updates. Seeing none, thank you for your appearance and update today. Item 9 DFNA revenue division. Good morning, Mr. Chair. Paul Geering, Assistant Revenue commissioner. Smith, counsel for the Revenue division. Good morning, Mr. Chairman and members of the committee, we have two rules to provide an update. Uh, the first is the rule required by Act 804 of 2023. Uh, this rule is our taxicab licensing, um, and. Insurance rule, this rule has been approved by the governor's office. It was published for public comment. Um, we have our public comment hearing scheduled for September 18th. Uh, so we hope to have this rule before this body for consideration and not. Do you have others? We have one more. Our second update is on the waterways investment tax credit roll. This was required by Act 8881 of 2023. We have finalized the role within the department. It's been approved by everyone in the department. We also obtained commerce's approval of the role, and we are just now finalizing the application. We want to make sure both commerce and DFA are all on board with the application form. We anticipate that it will be submitted to the governor's office for approval next week and then hope to have it in front of you in October as well. Thank you, members, you've heard the On these two rules from the revenue division. Any questions? Seeing no questions, thank you for your appearance and update Good morning. Good morning. Thank you, Mr. Chair, members of the committee. I'm Laura X and I'm general counsel for the Department of Health, and I have a, a few rules to report on, um, as you saw earlier, our 5 rules that were reviewed and approved, uh, today, massage therapy, home caregiver training, on-site wastewater, plumbing, and cosmetology and body art, um, with regard to the rules governing medical marijuana registration testing and labeling. We had a public hearing on June 18th of this year and, uh, Department is working on responses to all the public comments. Future, uh, legislative review will, uh, go before the Public Health Committee, the ALC medical marijuana Oversight Committee and the ALC rules subcommittee. Uh, the rules for emergency medical services will implement Acts 54 and Act 258 of 2023, we had a public comment period and the public hearing that ended on July 30th, we filed our public comment report and we expect to have, um, uh, a review in public health and then, uh, to this committee this fall. The rules for lead-based paint activities are gonna implement Act 137 dealing with military licensure, and we also filed that public comment report and, um, August, and so we expect to be reviewed and approved, um, in this committee in the fall. I'm happy to take any questions. Thank you. Ms, any questions for Ms. Xu? Seeing that, thank you for your appearance and update on those. Item 11. Good morning, Mr. Chair. Alison Bragg, Secretary, Inspector General. Matthew Bach, Chief Commissioner of Tax Appeals Commission. Good morning. Please proceed. Yes, there are rules are in the public comment period right now and that will expire on September 3rd. We have our open hearing scheduled for September 5th, and we expect to have those rules before this body in October. Great. Thank you. Members, any questions for Secretary Bragg? Saying no questions, thank you for your appearance and update today. Item 12, Department of Labor and Licensing. Lacey Kirchner, counsel for the Department of Labor and Licensing. We have one set of outstanding rules, which is the auctioneer's licensing board rules, public comment period will end on Monday, August 26th, and we anticipate having these rules in front of y'all in October. Thank you. Members, any questions for the Department of Labor and Licensing on that update. Seeing no questions. Thank you for your appearance and update today. Good morning again, Joan Shipley for the, uh, Department of Public Safety. We have one, delinquent rule, uh, that was pursuant to Act 841 of the general session of 2023, uh, that moved the state fire marshal's office from, um, under Arkansas State Police to Adam. Uh, it only required that the board adopt those rules. Uh, we've had, um, some issues because they are voluminous, um, but we've worked with the AG's office that represents the board and we finally have finalized Those the board saw them yesterday, they're happy with them. Director of Adam is happy with him as, as well as Secretary Hagger. So we hope to proceed through the promulgation, um, process that is required for adoption. Look forward to seeing those in the near future. Remember any questions for Department of Public Safety. See no questions, Ms. Shipley, thank you for your appearance and update today. Thank you, Mr. Chair. We go to item 14, Secretary of State's office. Morning, uh, Michael Harry, general counsel for the Secretary of State, um, You may have noticed that we had a rule, uh, earlier on the agenda, we made some slight changes to the rule. They were not substantive in nature, so. We don't need to issue it again for another comment period. Uh, it will be ready for the, the next agenda, um, I think. October, since most of our office will be in DC in September for the Johnny Cash statue. So we're gonna push the, uh. Rule to October. But Members, any questions on this update? Seeing and we look forward to seeing that in October. Thank you for your patience and your appearance and update today. Members next on the agenda, on the agenda is item I. This is the submission of the August monthly written update by the Oil and Gas Commission. This concerns rulemaking resulting from the 2024 fiscal session that update is in your packet. Any questions on that update and without objection we'll file their monthly written report. We'll go to item J. Uh, these are the quarterly reports on administrative directives. Uh, I like to call to the table that the Department of Corrections. Good morning, Tony Roll of Corrections, much shorter quarterly report this time we only had two secretarial directives issued and the first of which is 202401 access to facilities by attorneys. Um, this was primarily dealt with, um, this is kind of a plug to deal with some access issues we were having, um, Policies were inconsistent between the two divisions. Um, we're working on this. I actually probably expect this one to be on a later administrative directives report as well, um, because we're working with the public defender commission, the private bar, really trying to make sure that we're meeting, you know, the needs of criminal defendants, um, but it reroutes, um, issues to the office of the secretary so that we can kind of get those legal eyes on those. The next is the prison rape Elimination Act. This was very substant changed, um, as you probably all know, there's a big push by the department to become compliant with the prison Rape Elimination Act. Um, y'all approved money to, um, hire an auditor to come in and this was just what effectively that auditor in the prison rape Elimination Act Resource Center said that we need I'll take any questions. Great. Thank you. Members, any questions on this update, seeing no questions. Thank you. Thank you. Without objection, then this report will be filed. Members with no further business, I K, we are adjourned.