ALC-Administrative Rules

Good afternoon everyone welcome to the ALC administrative rules subcommittee it's when a remind you that if you wish to comment on a rule please go ahead and sign in and be sure to specify the rule of which you're going to make your comments on and we'll be taking up that sign up sheet momentarily. Item b and c on your agenda today we have no reports this month from executive or a from the ALC subcommittees concerning the review rules who will go to item d. On your agenda that's rules hailed at the may thirty twenty twenty four meeting that could have the department of bag to come to the table. The. And we'll be taking up item d one a. The. Thank you sir for being here today if you'll identify yourself for the record then you may you got proceed. Thanks sir was corey seats from the department of agriculture. At the department appeared before the subcommittee on may the thirtieth. With among other things with regards to the egg marketing rule that rule was held based upon some concerns from this of committee concerning an exception for what we've called small producers and particularly with regards to temperature requirements that they accept be maintained at. In response to those concerns the department conducted an extensive review the will the rule as well as the argument so I marketing act. Which is codified arkansas code annotated section twenty fifty eight to a one at sec. After that reviews the department's opinion that the language contained within the statute's preclude the temperature exception for small producers requested about suggest about this of committee and that the implementation of these exceptions would require a minute marketing. Can you ready for a questions or thank you. They have that explanation in representative what you reckon asked for a question so if I understand correctly about this rule you can't really do anything about what we were asking to be done at the last meeting am I correct and they are correct with the rule that's okay and if we were going to do something to protect those farmers market eggs or the eggs that might be being sold fresh wise we would need to do something legislatively is that correct that is group thank you mr chair I would ask that you please ask secretary ward to come to the table. Sector ward here to out there could you please come to table serv. The. If you'll identify yourself for the record of representative thought has a question for you. The. Yes west war from that argument backgroup said voucher recognized thank you mr chair secretary war this isn't about this rule it's about another rule that i've been asking about for several months now trying to figure out while we haven't gotten the rule where we're at the rural process that's for the. Regfar and I know of a farmer that's been held up for almost a year now do to e n a tell on him it's a major product production to fix what he's wanting to feex I don't think it's a major thing I actually think it's a matter of adjustment but he's been held up for a year we are supposed to be an ag friendly state agriculture brings in nineteen point six billion dollars worth of tax dollars to this state every year and here we are hindering a farmer from doing what he's got to do to survive could you please tell me where a regular rule is that in when we should see it. Yes me i'm absolutely and II would agree with you and and certainly with a passage of a better lol and the twenty twenty three session last year to to move that rule to the department of arab coach would it would agree that we're we're going to take every effort to be as a really dang reporter as we can be and certainly have a good work working relationship with the part of energy environmental continued to consult with them work with ms as it raws completed and transferred over but right now we we have work with industry we've worked internally to try to get that rule us as good as we can I think we've got the support of the industry on on a draft version it's going through the the internal review process and which were very hopeful and optimistic that will have I have that out the public comment in the very near future so we're we're actively working on that working with industry to to get it as accurate as we can and hope to have it presidency. There are farmers in this state who need that to happen and they need it to happen sooner rather than later so I ask that you please push as hard as you can to get that done sooner rather than later thank you mister chair a grapes and various airward thank you for your attention to that issue reps and about it you have additional questions on item d one a. Any other members any other questions for the department ago d one a. See no other questions in without objection the rule is reviewed and prove gentleman thank you for being here on this matter. We'll go to item e on your agenda. These are agency rules for this month we'll start with the e one as teacher retirement please come forward. Thank you for being here this afternoon you'll identify yourself for the record and percentage rule thing was chairman more quite a director of the oxygen retirement system. Generally well our facility to retirement system thank you receive please thing was chairman so these are changes to our rules six which relates to our membership and also employer participation make some changes connectors in the acts from last session of rose from clarifications and other clean up that we've done in the rules we had brought this rule back into george harmon committee a few months back who he did there is one section of the rule where there is a couple of questions and sorry about a wording choice we pull the rule at that point went back we adjusted the wording brought it back to public retirement committee I think they're good with it they reviewed it at this point i'm not aware of any concern to issues with the rule and so we would ask for your review turn members any questions for teacher retirement on e. See no questions with that objection the rule is reviewed and approved thank you for coming thank you members. Good item e two department of ad. The. Thank you view for being here today identify yourself for the record in the new mappers into rules courting sellers for cheaper staff thank you chair and grace roads two political council. Then your shop counts roads people that just love the closure t please is that better yes or thank you perfect thank you chat so thank you chair members of the committee we are for rules before you today i'm going to turn it over to deputy or deputy legal council then your shorts the presents do transfers and the student protection act rules and i'll be presenting the right to read an educator performance rules. Thank you last job of the committee this rule governings to transfers is a rule associate with statutory process by which students can move from one school district to another the rules necessary due to the changes made by act seven thirty one creating an appeal process where the denial of a student transfer petition is now appealable to the state board of education. Uhm the asked with the app turned declared fire and tried to standardize processes related to student transfer sticks impossible. We have to answer your question thank you got a couple of questions will start with senator urban you recognize for a question. So and I just want to look at it and we on page circs on the car mounts the comment was as suggested change or concern add language that says the student who transfers to another school district and then the section show complete a changing schools athletic participation form as to find other arguments activities that say. I know that it says this comment was considered back. But the the large trumps any regulation passed by the arkansas activities association as that not correct. That is correct. The statutory provisions would control and there is no statutory provision related to student transfer process we're aware of that and there's no statutory language that. Creates or. Mandates that are seasap form be utilized or filled out and any former fashion that correct that's great. And so did your home as good toys and has as this progresses. How's that going to square up with. The restrictions that are being in placed on student athletes vs every other student. Enrolled in public education. I think the the answer that question is employed that that's beyond the scope of this rule now there is a school choice process which is a separate statutory process and that process does require a that form in statutory law but the legal transfer process just because the statute silent on that subject the rule assignment on the subject as well. And if I may senator this rule was primarily drafted to account for a new change so scoops school to school transfers were previously final at the school district level there was no appeal process and this legislative session there was a bill passed we're told have not became law and it lead to this regulatory change that provides an appeal to the statement of education and sell whatever a school district has denied a school to school transfer after the school choice deadline then if it is the night by the school district the parent may appeal to the state board and we've had one such appeal this for that is the main change here as mister schulz noted the school to school transfer law is completely silent on activities association issues and so that so in and review of any of those cases the state to board of education does not then consider any type of activities association and regulations that correct when they're making a determining so the law is limited simply to whether the student can enroll in that school and that is where to restrictions I mean the reason asking these questions is because of the comments and the concern that was made in relation to the rule itself so I just wanted to follow up on that good information thank you thank you. The. Represent a bought you recognized thank you mr chair I was reading the comments also and had some concerns I think it's the cabet school day strictestly assistant superintendent who says what is the criteria for denying a a legal transfer. And as I read through that I don't think there's a clear. This. Sensors on what that would look like or what that should be can you allude to where i'm reading wrong or where they super assisted superintendent is wrong in the way that they're reading all themselves thank you representatives so a lot of the comments were confleeting school choice process and school and school to school transfer process the status for school to school transfer our primarily tied to a superintendent's recommendation for the transfer to be denied and at that point the triggers a school board meeting in which that is effectively adjudicated and then we have this new appeals process that the the transfer to transfer statutes are are more subjective than the school choice loss the school choice laws were tied to capacity and that's why you are seeing a lot of the same comments their transfer rules are a little bit more more nebulous on that point thank you mister chair thank you my coach senator hammer you're recognized the christian the the one thing that i've heard historically whenever anything gets appealed up to the board is that the board. Goes ahead and pretty much does what it wants to do anyway with regards to a transfer in one of the comments in here speaks to the question of capacity and program do you know his storically what the board percentage is for denying a school when it doesn't want to transfer a student but the board over rides at school's choice so we only have one case this for the now school choice I can't speak to that we would have to get more information on that we've had one appeal in the last year pursuant to this act where I school district denied a transfer of one student with a neighboring school distract that appeal was taken by the state board of education and after arguments represented by both the parent and the school districts erm the state board overruled the decision of the district and allowed the student to transfer that is the only example we have for transfer to transfer adjudications because previously they were not appealable to the state for do our final at the school board level for a school choice will be happy to get that information for you and make sure that they have a young okay then second question would be all the responses for the same. A comment considered no changes made but it seems like the ones that are presenting there argument or their comments have some very specific issues is it is it going to be the departments and it just kind of lifted but i'd like to ask their part to defend its response as being just cookie cutter comment considered no changes made. So a time is when we will make a non substantive change because of the public comment received but will now. A nonsense no substantive change was made person to public comment if there is a substantive change made will now a substantive comment with the substantive change change this may percent of public comment and will put out the rules for a second round of public comment most of the comments that were received on this particular rule or questions that can be addressed by the department and a non outside of this process when we did receive comments there were specifically tied to the language of the rule and the appeals process that we have to promulgate we tried to address those we do try to be fair to the comments and consider all of them and we usually do have groups within the department I will sit down and consider all of the changes together and determine whether we will make it substantive change right now so some to change in this particular matter we were receiving a lot of comments that were related to public school choice law and not transferred to transfer law and so no substantive changes were made we did consider the comment they were just not applicable to this rule already thank you thank you so. The. Representative painter you recognize for comment thank you mister chair now kind of want to find followed the same line of questioning that sinner hammer did so on these response comments that you got is responded to comment consider no changes made you guys plan on responding to those questions giving those folks better some of them are teachers superintended so for like that do you guys plan on giving a answer to those comments or are they posted reassert question at a later date we'll be happy to return to anyone i'm i'm we cement these responses to the bureau so that you can have them in front of you I don't know for contact folks have reached out to these individual specific specifically but we're happy to do that okay I would encourage you to do that and and if you can't let the committee know that you guys are doing that absolutely yes thank you thank you. Senator urban you recognized. Thank you just and following out cause i'm checking that on the next rule as well there's a lot of comments in here that have nothing to do with the rule they're just questions about policy. And honestly like that's an appropriate is there any I mean do your provide like a portable for questions and answers and as it regards to specific topics of policy because. This is nothing to do with the rule itself these are just questions concerns. You know future legislative suggestions or whatever but. So I mean it be actually to me it's kind of I think the schools need to be a little bit more diligent about whether they're actually responding to a I mean i'm not you know. But at to me it's not really appropriate for them to be asking you these kinds of levels of questions that are have nothing to do with the rule but are just about policy and program and how to do something and that they're really not familiar with or something this is add to me. And and I don't want to put more burden on yard because they also have a little bit of responsibility here too. Do we provide any kind of are just. Question an answer type of portal thing or something outside of this think a senator will appreciate the comment and the question I do believe we do have. A portal I don't remember called the name of the portal. At so yes editor we do have a few different mechanisms on our website available on our website where they can submit general questions or questions specific to a content area each continent area also has a specific person listed that they can contact but as you point it out many times it's they just hear public comment and want to submit those and so we try to direct those to the right avenue and to represent steps and painters point in instead of addressing it through the rules process which isn't really which I think with the appropriate place to do it so in your response if that is the case I would actually recommend in your response you say you know we we will direct you to our sister questions utilizing our portal on our website and make that part of the response so that we can start to clean us process up a little bit so that these comments that come before us we know immediately this is a common on the rule or does this just a question about policy and they really should have utilized this other avenue to ask those questions so certainly yeah start looking at doing that we have found based on experience that a lot of the times when public comments are considered as mr roads pointed out we submit these responses to blr and for you and the commenters rarely actually look at this document so we try to do that through other avenues but we can also include that on here so that you all have that information well because then we could contact if we represent that score we can contact them and say hey you need a utilize thurs not use the rules come in in process just to ask your questions of course anyway just a suggestion thank you sir thank you senator representative painting your backup you recognized they was chaired I just want to clear for the record i'm not asking through the whole thing i'm just asking about all the comments of the transfers I mean if you look on the packet that we have page five through eight. Like sinner hammers to those are cookie could cut including answers there i'm just and they're talking about the transfer but they didn't get a response so i'm just politely asking since they are talking about the transfer that they get a response about that subject and I know you guys will appreciate it thank you mister chair thank you representative. Members any other questions. On rule two a. Seeing nine without objection the rules reviewed and approved we'll go to two b. Thank you chair members of the committee the next one the agenda. As the rules governing right to read this room provides the framework from which the literacy literacy coaches are deployed to school districts with the nf schools to provide educator as we intense coaching support and training on foundational reading methods the gallery staff prevented a preventative mindset in the school districts and intervenes quickly as possible with young students whether I see coaches specialism period signs of reading child phone and special education and focus on k to three reading professions however literacy cultures do prevent provide educators support up to six screen. The rules provide for literacy screening each year against the reading profession see came to assessments will be tied to the atlas exam next year. Currently we do have we have deployed a hundred and twenty six literacy coaches two hundred and twelve school discretes this accounts for a hundred and eighty nine schools and around forty five thousand students this will also ties into the tutoring rules that this body approved in march for a high impact tutoring which is for came through three during the school day and literacy tutoring grants which is usually outside of school for k two to twelve this rule has also been amended to include further changes to updated to be in line with twenty twenty three legislative acts were available for questions we have given me pride as the commissioner for learning services and she can address programmatic questions. It members any questions on two b. Senator hammer you're recognized thank you miss sheer okay so same thing on this one comments considered no changes made the concerns addressed by this comment are governed by statutory provision would you just educate me the comment concerns address. By governed by set short bruising was that meaner is that mean it's law somewhere else so usually when that come and is that responses uses when I member of the public sim it's a comment that would have been the top of argument that is maybe hurting committee whether it's opposing the act perhaps or arguing against language in the act and not maybe in the rule the rules mirror the acts that are you know passed by by the general assembly and so any time we get comments on language that is such tourist provided we usually use that response. Okay and as as I read and I want to take on what senator urban said some of these are just it seems that their questions were they are seeking information. I know there was you know town hall meetings and all that with regards to the learn fact. But they all make any attempted all to answer the questions that are in the comments or. What would you advise as a department as far as how they're going to how they could get things who sees questions because if. It may help to spell some things if they could get answers. So this might be a better question for doctor pride and you know we're not in the field she has an accumulation and I know that they do have communications with school districts they go to campuses so there may be questions like these that are asked on the field and they their own side to be able to address those questions but. The. At a two work for a sacred time college makes a suggestion go ahead what I would just ask years. That these questions would be responded to. Two the one set of asked them. And maybe it would help clear something and I think you'll probably have a portal or website already that they could be listed on and maybe to center over his point if that's the vehicle if these questions could be listed on there and then you know the ones have assist comments could be directed to that and somebody answered these questions maybe that would help absolutely thanks thank you representative you recognized thank you mister chair my question is do we have a third grade standard in place like a standard that's already there for reading at third grade level. Can you tell me. Because we're saying they students have to. Read at a third grade level correct correct or they'll be held back right is there a standard or some way that they can test to make sure that they are at that third grade. So is there like we have standards for everything else is courtney and so. Did we just gave the first round of the atlas assessment and so once those scores come out and the statisticians and and all the really smart people will look at those and established cut scores and weight determines whether someone is at grade level they'll then bring that to our state board for approval and then that will be the standard going forward we're ok that's one of my biggest questions about the reasons this is the first year for the assessment obviously have not said that yet okay thank you ma'am so you know the questions without objection the rule is reviewed and approved will go to item two c. The. Thank you mister chairman this rule is the decided rule governing arts or soon protection act and this amendment makes a small change which mirrors the language of act six fifty three of two thousand twenty three it's it adds to a list of conduct that makes an entity and eligible to transact business with the public school the language offers or provides abortion referrals. Members any questions on this rule. So you know that objection rules reviewed and approved item d. Thank you chair on the final rule on this match as the rule governing educator performance this rule provides the framework to assess educator professions again effectiveness this updated rule looks to create a career latter for teachers from which they can lead from the classroom and be compensated for highly effective teaching. This rule ties existing professional growth plan requirements to annual assessments of educators that determine eligibility for teacher merit raises about bonuses I should say school districts are flexibility to determine the components they valued each year for purposes of the annual assessment these components are fully assessed every four years and the tests and lead subsemitive assessments which come have twenty two components this room has only also been amended to further add to include further changes to updated to be in line with twenty twenty three legislative acts were available for questions and we also have early serious scene error assistant commissioners for education effectiveness and life insurer and she can address program questions are there any questions for members. The. Seeing none without objection the rule is reviewed and approved part repaired thank you for being here today will go to item e three department of energy thank you. Thank you for being here today you will identify yourself for the record you may present your real rule twelve good afternoon lauren ballard chief of staff department of entertain environment. The. Michael mccallister managing a turning department of energy daniel pilkington attorney with the department of energy and environment. At good afternoon committee today representing rule twelve which is on the regulated storage tanks rule for the political control and ecology commission this rule are essentially puts into to place the a mandate of act for twenty two of two thousand twenty three and essentially raises the cap for reimbursements on corrective action from one point five million to two million to this basically just implements in the rule what was passed by the general assembly twenty twenty three and pending any questions that we would ask for adoption. Members any questions on item e three a. See no questions without objection to the rule is reviewed and approved thank you for being here. Got a e four believe this also department it is roll for is organs are oil and gas commissioner d twenty three the general rule for underground storage of a natural gas that leaves the original title at this bill likewise implements a legislation from the twenty twenty three sessions that this implements act one forty of twenty twenty three changes some reference and the references in the rule to bring them in line with the statutory language that now exists. And pinning any questions we have just asked for an adoption of this role members any questions on e four. If that objects in the role is reviewed and approved thank you. E five department health. The. The. The. If you'll identify yourself to the record you present your rule thank you mister tere members of the committee i'm large to on general council for the department of health magnomic partner health we're here to present one rule today dealing with the standard pertaining to human breast melt banks this is pursuant to the original at a was passed in twenty nineteen it was act two sixteen of twenty nineteen and this is to amend our current rules are to comply with at two twenty five of twenty twenty one and it provides for the appropriate safety standards in the transporting processing in distributing of commercial human breast milk to protect the citizens of arkansas essentially the changes were made to update the standards to comply with current practices and are to comply with the legislation it was was approved by the board health in september of twenty twenty three the governor's office approved it in january twenty twenty four we submitted our public comment report to you all in april of twenty twenty four. There were a few public comments from an alab that provides for accreditation standards for laboratories. We took those comments and I had them reviewed by a public health lab director and she agreed with the concerns and made the changes we also had a a typo that was caught by the blr rules attorney and we appreciate either do diligence they do in reviewing all of our rules we just ask that this rule abbey reviewed and approved and were happy to have to take any questions thank you members any questions on e five. The. Seeing none without objection the role is reviewed and approved thank you six department human services. Yeah. Mitrous chief staff dhs i'm john park director of payment integrity with dhs thank you gentlemen representative rule. They are auto guidelines for the agency had been string lined and modernized they were last changed in december of nineteen ninety eight uh had some anti quoted references that we needed to update. Okay members any questions on e six regarding audit guidelines. So you know that objection the rules reviewed and approved chairman thank you. E seven. The. Division of aging a daughter behavior health services. Good afternoon miss german jay hill department human services director of aging. The rule that we're presenting this afternoon is to amend the living choices assistant provider manual this amendment will bring the manual into compliance with act one ninety eight of twenty twenty three centually this rule requires a sister living facilities who participate in the arkansas medicaid program to present cost reports to the department as a as a condition of remaining in that in the medicaid program reports must be submitted not later than ninety days at the end of the facilities fiscal year or within sixty days of change of ownership or management or within sixty days upon request from the agency or the office of medicaid spectrum general with that and happy to answer any questions dangerous deal said a hammer you're recognized but share it's not the rule but it's related felt that okay record on your. Refresh my memory increases as far as going to all to the assisted livings or you know the last rate change those kicking in a julyer would just help me remember what they are signed respond to a question some we presently have an amendment at submitted to cms for a rate change procedure to our recent culture boarding process we have requested a start date of july one ok and refreshed my maybe what the rate changes from what to what it will go to eighty six seventy three right presently is it was the two part rate it's divided but it's it's either whether you're an urban or rural facility eighty one or eighty five dollars it will go up to eighty six seventy three across the board for all providers okay thanks tomorrow's any other questions on e seven. Seeing none that objection the rules reviewed and approved thank you. Continuing with the hs we go the division of children and family services. Good afternoon my name is christian harper and assistant director with the dhs division of children and the ambulance may present your rule thank you the roll up for review this afternoon will bring language and state rule into compliance with the federal public law when seventeen three forty eight the linguist revisions are minimum for instance providing specific examples of visible features and endangerment information to provide to lawn forcement agencies and the national center for missing an exploited children netmeck when a child goes missing and adding specific language regarding the requirement for ongoing communication between our agency law enforcement and nickmac. I am in order to provide a safe recovery of a missing child in practice this is already something dces doing an overall we have great communication with and support from law enforcement map. There's no fiscal impact the public comment period ran from april fourteenth the sixteenth and no public comments were received and i'll be happy to answer any questions you may have thank you members any questions on e 8. Say none without objection to the rule is reviewed approved go to e nine division of children family services child welfare agency. Greenished writer identify yourself for the record you may present your rule. Thank you mister chair a gymbrider on the chief council with the department human services. This role women's the minimum licensing standards which all well for agencies residential we're bringing this pursuing to act eight or six of twenty twenty three. That act required us to promulgate rules settings and minimum standards for metrics governing the quality of care provided in the these regulate facilities. Proposed effective days going to be july first there was no physical impact. We also did not receive any comments during the public commit period what is ruled does kind of an induction is it's going to increase the oversight by dhs of these these types of facilities. Can a unify the enforcement of. Going out and monitoring the quality metrics it gives them enforcement ability as well and it kind of puts it all in one place regardless of the pay source we haven't answer any questions and thank you members any questions on e nine. The. Seeing none without objection rules reviewed and approved thank you for being here. Etn division of it development of disabilities. The. And police stone department of human services office of substance abuse and mental health thank you you may present your rule. This rule is an update to the counseling services manual it does three things it's changes the name of acute crisis units the crisis stabilization units it also allows for crisis civilization units to bill architects on medicaid for a less than twenty four hour stay we had crisis civilization units that were receiving people stabilising them and they were leaving for for midnight and they weren't getting paid for that service so we want to make sure that they got paper that service and the thing third thing it does is clarify it some of the other services and that counseling manual allowing cs used to provide counseling services on an outpatient basis and then also be able to bill medicaid for any sort of assessment service even if someone is not admitted to that unit. Thank you mister brick out take a question a seat seventy I believe that representative cabinet you're recognized thank you mr chair thank you for being here I just want to verify this is the information that we've been working on that we discovered while we're talking with the c issues this is going to allow them to be able to hopefully be all for more services that they have been providing for basically free that is exactly right they were only allowed to where they could only be medicaid and will reimburse for that if someone's stayed for a full twenty four hours and we wanted to make sure that often times they could stable as someone and less than that time and we're allowing them to be paid for is that still going to be sick that that partial day what's the hour and so we'd change that to midnight so if you stay past the night no matter at the time you come in we're doing past midnight you get the full rate if you don't say passman that you get a lower rate okay alright thank you. There was any other questions on etn. Seeing none without objection the rule is reviewed and approved. Thank you mister. Eleven. Division of provider services quality. You'll identify yourself for the record you may procedure thank you mister chair martinez smith division director for provider services and quality assurance i'm here today to present to you two rule changes and those rules are the most nursing home administrator manual or mayor and the nurse a training program manual are in eighty PM. We are seeking to make these changes based on two x there were passed during the session and twenty twenty three that is act one thirty seven which remove the one your requirement for veterans and service members and their spouses to seek to come into this date of arkansas to begin work as a nursing home administrator or certified nursing assistant and then also at four fifty seven which is regarding the automatic licenser of individuals that come into our state and seek to become started by nursing assistance or nursing home administrators there were no comments no opposition to the rule we also make of technical corrections and updated web links and things like that in the manuals as well and i'll be happy to take any questions thank you miss move members any questions on eleven. Seeing no questions without objection the rule is reviewed and approved thank you members will now go to item. This includes the in person updates from the department of education on outstanding rule making from the twenty twenty one sessions if we could have the department of a component. The. The. Thank you generally feel identify yourself you may present your update thank you chairman members of the committee on race rates chief legal council dinner soul step to council for the department. Erm for this item we have one rule is the governing professional development this rule was submitted to the bureau this month and we hope to present it to you in august. There was any questions regarding the update on item s. See no questions thank you for your parents on that and being here today and if you don't mind to stay there because you're gonna first one up on item g so will go to g. This is in person updates concerning real making from the twenty three regular session. And we have the department at first for g one gap thank you chair would you like me to take them one by one yes sir okay thank you no you can do them just present at all now collect questions if we have okay thank you chairman so first the permanent second time it's rules going prohibited in declaration be excluded from further reporting the court requirements to depending on litigation that's in the matter style roofy walls at all versus the honorable server can be senders at all which includes a department and the docket number is four twenty four cb two seventy pour that my clothes will do if you would separate her yes. Would you like me to repeat what I stand now I guarded I got you want to repeat that if you would please share the department is seeking to have its rules governing prohibited doctor nation be excluded from further reporting requirements to depending litigation and that's in the matter style groupy walls at all where she is she among other planets are soon the department on that particular provision of the learn so this update is regarding doctor nation it's tied up in legal and that's your date on that that's right yesterday. Any questions. So you know. The next rule is the rules governing the arkansas adult the plummet program those will have been submitted to the bureau for alc approval after the staple of education approved them this will be present to also hopefully in the august meeting it was any questions. Seeing no carry on the next is the rules governing the public school choice those will be released for a second rate upon a comment the department made substantive changes percent of public comments received and the rule will be presented to the stateboard meeting in the red august meeting mister writes when will those be released republican so we are going through those comments hopefully we will do so by the end of the month and then they will go back out for some period yes okay thank you membership the comments are questions on there. See none please proceed thanks chair on this section of the department the next rules are the transportation modernization grandparent rules those have been drafted in an art are currently awaiting final review and approval after completing the public comment period on in what this part this month we enter speed presenting these rules to the commission for organs and public school facilities and transportation and its next meeting which will either be july august though the department did make some non substantive changes to the rules but again we we can present him for full approval and the upcoming meeting so you think by september we should have that back here. Yes sir that's probably any other questions members. Nothing on that go ahead please the next rules are the rules governing standards for state aid for public libraries they've been drafted in our waiting final review and approval we had to speak these rules will be presented to the state library board and then it's next meeting likely in august so it's another item that could be back here in september yesterday it was the questions. So you know and please go carry on the next rules are rules governing the activity facilities partnership program thus have been drafted in are currently waiting for a review on approval after completing the public common period june six twenty twenty four we interspect presenting these rules to the commission again at next meeting like august academic facility partnership to any questions on that. Seeing none. Thank you sure the next rules are governing approval of computer science related career and technical education courses does have been drafted and will be presented to the state board of either and it's july or august meeting. Computer science and regards to create. See no questions. Thank you chair the next rules are given vacation start up grant program like was they've been drafted and will be presented to the state party there it's july or august meeting sounds like september is going to be really busy with rules updates yes already had a couple of meetings that were pretty happy questions members on that. See no please proceed thank you chair the next rules will be governing water safety information as i've been submitted to the bureau for alc approval and they hopefully will be a presentation in august three. Members any questions. So you know alone to get more and you have a question. You're recognized but I just want some clarity you said august. I don't. Is that is that correct right so we've we've submitted it to the bureau they will be presented to you likely at the august meeting okay i'm happy to like you that's what I thought I heard thank you. You know the questions they could share the next rules were an attorney leave cause sharing program they've been summitted to the bureau for alc approval and hopefully we'll be presenting him to you and. Sending a questions. Thank you chair the next rules or educate a performance in the representative of earlier. You expand just a little long educator performance but those dales are yes sir that was the teacher pay bonus rule that we presented just now. Okay there was any questions. The. So you know. Thank you sure the next rules are public school for a policies relating overnight travel and use of public school laboratories those rules have been submitted to the bureau and we hope. Setting in. Yeah. Yeah. Okay and hopefully with the presentative and that rule was regarding what public school advertise and overnight travel game. There's any questions seeing no and i'm trying to pull them mike a little closer I just don't want to young it seemed the next rule is rules governing educator license does have been drafted and completed that prothe common period were reviewing a lot of public comments that were received and may expect to present those rules either to the stable in july or if public comments require substantive changes then that when we return in to put him back out for public published their backup for more common great desert members any questions. Seeing. The next rule is rules governing child sexual abuse and human trafficking those rules have had grafted and are awaiting final review and approval interspace to present those to the state board in july august. Seeing a question to carry on the next rules were governing arkansas educational support and accountability act does are currently in a public common period that ends on july fourteenth twenty twenty four public hearing will be held on june twenty eighth of this month when did you say that public common into and on july fourteenth july fourteenth thank you members any questions. Seeing none thank you sure the next rules are the school the strength waivers they've been drafted on awaiting final review and approval we hope to bring us to the state board either actually or august meetings sounds like you're gonna have a busy summer yes sir members any questions. Seeing and if you go ahead the next rules are greeting and course credit those have been drafted and are waiting for a review on approval they'll be presented to the state board in july. Seeing no questions the next rules are those guaranteeing the right to read act and we present those to you today right right to read any questions on that. Nine please proceed the next rules are governing school transformation contracts and those have been submitted to the bureau and we hope to present them to you at the august meeting members questions. So you know the next rule are those governing the course choice program thus have been drafted or waiting final review and approval we hope to bring those to the state board at july or august approval from the state board of education state board yesterday members any questions. See no the next rule are the rules governing the slexia screenings those went for through a full public comment period and it will be released for a second right a public common after we made some substantive changes. Questions on that members. Saying no the next rules are governing educational freedom of crap program of the seventy minutes of the beer after being a per by the same board of education I know we have some responses do and when we'll be going back to your house but i'm we hope to bring those to you and an upcoming meeting okay thank you members any questions that was the education freedom accounts rules regarding that. Seeing no questions. The next rules of the rules governing are the arkansas in our chance program those are currently out for public comment and the period ends on july fourteenth and will be having a public hearing on june twenty eighth member's questions. So you know the next rules are those governing the implementation of brail and large print textbook appropriations those have been drafted on our waiting final review and approval we would like to bring those again to the state board in july august. How much questions on this rule. T no the next rules are those governing career ready pathways and arkansas public schools that are in a public comment period ending on july fourteenth and a public hearing will be held on june twenty eighth career ready pathways members questions own rural making process of that. Seeing none the next rules are those governing consolidation and accession of public school districts those have been drafted are awaiting final review and approval and as hopefully we'll be presented to the staple of education and july august thank you. Consolidation annexation so you know questions. The next rules are governing the implementation of the impatient and residential facilities appropriation those have been drafted are awaiting final review and approval and might be as we like to bring those to the state board of education in july august impatient. See no questions the next rules are those governing the juvenile detention facilities appropriation program like the previous rules that have been drafted and we would like to bring those so stay board in july august. Any questions members see no questions the next rules are those governing public charter schools those have been drafted in our waiting final review and approval those will be present to the state board either at july or august meeting. Any questions regarding public charter facilities. See no. The next rules are sculpture program rules and they'll be present to the higher education. Cornet coordinating board at its next meeting for final approval after completing the public comment periods which ended on during six twenty twenty four i'm just going to list them because they're several and and they were all in a batch and that's arkansas governor school teacher academy scholarship program the arkansas concurrent challenge scholarship program arkansas future grand program arkansas governor scholars program the arkansas work force challenge scholarship program the governor's higher education transition scholarship program the productivity funding distribution policy and that's that for that item. The. There was any questions on these scholarships. Seeing none the next item on their report or the rules governing some other scarship programs they've been drafted our waiting final review and approval of those were the washington center scholarship military dependent scholarship program allows dependent scholarship program student undergraduate research fellowship and those rules will be presented to the higher education coordinating board actually or august meetings questions remembers. Seeing none. The next rule is the rules governing sustainable building maintenance program they have been drafted or awaiting finally an approval those rules will be present to them and coordinating board either in july or august. Any questions members. Seeing none the rule the next rules the rules governing automated external different relators and up your risk rescue kits does have been drafted and married the same rules that we've done for catherine twelve schools and they're awaiting final review and approval where you would like to bring those to the state hired coordinating board in july questions on ads. Seeing nine the next rules are those for financial it appeals that and drafted on our waiting for finally an approval that they will be present to the state hurried coordinating board in july or august. Questions for members. Say no and finally the state the rules going universal academic credit had been drafted or not waiting for review and approval and again we would like to bring those to the state coordinating board enjoyer august. Question from representative springer you're recognized thank you good afternoon added on who any rules regarding the reading recovery teachers. Say that again represent read it reading recovery teachers you have any rules regarding the reading recovery teachers i'll be happy to get that information to you I don't have that really informed me but but i'll get back with you for the meeting with with that information so so will there be a rule about numbers and that sort of thing I guess is my fault follow up question i'm sorry. As to numbers in that sort of thing numbers assigned to schools of that sort of thing is I guess my concern in question he said reading recovery reading recovery teacher okay will definitely check that with you I don't know if there's any overall up with the right to read rules that we present it earlier or with their two and grant rules that we presented and in march but i'll get that to you. Yeah. They give you get that to stay I forget that to send out I believe that was your last one yes sir thank you for your parents and your update on these on these rules we think border seeing this big badger rules we get some final approved along those in the next couple of months yes got item g two teacher retirement. This. If you see again sir they identify yourself and give you that day please. Thank you mister chairman more quiet executive director retarded to the retirement system the only outstanding out and we had was the rule six that you heard earlier in the meeting regarding membership status and employer participation that implements acts fifty two in one of seven assuming favorable review tomorrow by council will follow those sectories and will be done good thank you members any questions missed white. Say no and thank you for being here for the update. Department of bag. Yes our west war from the arkansas partner yesterday your update your sir so so this can it goes back to the question that representative bought head earlier about the at the rule five transfer into same team updates before we're actively working on that we've met with industry stake holders working with the department of energy environments and and we've been I think we've got a good silent draft right now that's an internal review process and we hope to have that out to public comment very soon representative that satisfy the update you were looking for thank you anyone else have questions regarding this rule. Seeing that thank you mister borde d four department of commerce adc. You'll identify yourself and you can give us your update please. Jack winning director of legislative affairs for the department of commerce. Alice and happier department of commerce cheaper staff thank you for being here please proceed. We have three rules for consideration or to give updates on first is an amendment to the consolidated incentives act act eight thirty four of twenty twenty three amended the act arm to change the definition of an eligible business we are going through the rule working on an amended version of the rule were also since the consolidated incentives act rule is a large and sentenced package were also going through to identify ways we can modernize it going forward we hope to have the amended rule open for public comment july and to present before this party in august or september. Next draw is a moment to the arkansas business and technology accelerator grant program same act mended the definition of an eligible business. And same way we're going through it changing the definition modernizing it help being to open public comment in july along with the consolidated and senator incentives act rule and bring it for this body in august september. Funnily for an update is the digital product and motion picture industry development act of two thousand nine what we call the film rule. Act five seventeen twenty twenty three amended the program to change the tax incentives. We're working on an internal process to but those amendments into being. Opened up to public comment july bring it before this party in august september thank you for those updates memory any questions for. Department commerce. Seeing none of those thank you for your parents here today in that update thank you. Staying with department comma state board of involvement funded director cemeteries and barrier services. If you'll identify yourself for the record and give us your update please. I'm going for is that one more than returns read you're good there you go. Good afternoon again i'm tired where a turning for the board. Amy gave executive secretary for the state water and bombers general doctors in the materials and burial services are yes ma'am thank you please proceed. Er years of we are here to update on rules six pertaining to the governing of burial associations we are currently in out for a public comments and. That will enid july the sixteenth where we are how the public hearing we should be ready to present. It the july or august. Alc committee mean. Okay. Members of the questions on item five. See nonthank you for your parents here today in your update item six department of commerce state interest department. Yeah. Thank you mister jones booth random council or to insurance apartment i'm here to update about rule one eighteen which is our pbm role we had the rule almost file in ready to be reviewed by this committee unfortunately we've had a significant number of pharmacy are complaints about reimbursement so we're holding this role back in going to renotice it with some changes that are going to improve pharmacy reimbursements so you're looking at in the next month or mother to have it will come back here but we do want to address the current pharmacy reimbursement crisis where we've got chance of this rule it is time mister thank you very much for doing that and for listening to the complaints that you were hearing out out in the marketplace members any questions on on this rule. See no thank you for your interest they have date look forward to hearing back from you after this next round item server department corrections. Good afternoon tony rall er chief legal council department of corrections. We have am a couple rules on our list that are not technically in effect until one one of twenty five but I didn't want to go ahead and run through those one of those is by the board of corrections that's for owned release credits person into the arkansas protect act and that one is in progress with the board two more are by the post present transfer word those have to do with the award of earned release credits by the board and then ravocation of post release supervision once again the legislation for those rules does not go into effect until five and those were in progress we have a rule by the arkansas sentencing commission that sets which offenses can earn seventy five percent in earned release credit and which can earn fifty percent those have actually been adopted preliminarily by the sentencing commission we did get one in public comment that had some grammatical corrections so the sentencing commission will meet in august to be final at option and then that will be in front of you. We have two rules that actually the legislation went into a fact on one one of twenty four. He ended the secretary of corrections as a required to promulgate those rules the first of which has to do with president rape elimination act into that one is in public comment right now and the second has to do with visitation there are two board of corrections rules that conflict with that as well as some discussion at a federal court level about attorney visitation so we are working through those and hope to have that ready to get soon and that's all great thank you misreal members any questions for department corrections. Seeing nine thank you for your parents in the update today item eight department of energy and environment. Good afternoon lauren ballard chief of staff department of energy environment. At for a five eight five real we have to add two rules for presented earlier in this committee so that would be roll and pushing control and ecology commissioner or twelve and the oil and gas commissioner old d twenty three so that is the status of virtuals of the remaining rules we have one left over at from the twenty twenty three session and that was the pollution control and ecology rule and number thirty six and that's related to the tire accountability act we are still in the process of an editing that document it's under legal review trying to get that to conform to the statute doing some clean up that needed to be done actually several iterations ago and also incorporating some really helpful suggestions from belar and we went through the cartification project some of the more substantive additions that we couldn't do their clarification so we hope to have that rule ready and since the governor's office within the next two weeks and from there we will hopefully get that into the process of promotion good thank you membership in question department of energy. See no thank you miss ballard for your period here today. I don't know and dfna regulatory. The. You can identify yourself for the record percent you're even a please. Trempener regulatory administrator department of finance and administration. I'm christie be orange and director of alcoholic beverage control in arguments are tobacco. We have a few rules to you guys are about today we have eleven new rules that we are working on matching statutory changes from twenty twenty three and then we have one other rule which changes delivery times for wholesalers from five am to four am we are hoping that the public comment period should be done on july twenty fourth. And we will have our board approved those and have been ready for alc by either the august or september meeting could you can expand a little bit on the five am four am what. The reason behind their idea came from. We have some retailers who accept early deliveries on things that aren't alcohol so they are open for deliveries super early in the morning and our wholesalers have been kicked out of line a few times because they're not allowed to deliver until five am and so they had requested a four am rules about some of the bigger retailers are able to take deliveries from them earlier in the morning great thank you members any questions for the regulatory division. Senator hammer you're recognized thank you what were those times again five am to work i'm sorry. From. The. Sorry it was changing the delivery time from five am to foreign. I'll get you to general okay so you know the questions thank you for being here today for the update. The. We beyond item team still dfa revenue division. You'll identify yourself for the record providers with your update. Thank you mister chair members of the committee paul gearing dfa assistant revenue commissioner policy illegal we have two rules to provide an update under its act for eight oh four of two thousand twenty three it's our rule for taxi cabs and for higher vehicles as well as act eight eighty one of two thousand twenty three the waterways investment income tax credit both of those rules we have a final draft that has been circulated within our department we anticipate to be sitting those over to the governor's office shortly with proximity within the next couple of weeks and hopefully begin our public comment period as soon as we get the governor's office approval great thank you mister questions members for revenue division. See no questions thank you for your parents here today item eleven department of health. Thank you mister chair members of the committee i'm large to on general counsel for the department of help make your more work in health for our update today and we wanted to let you on that that all of our rules implementing a twenty twenty three legislation have been drafted and approved by the board of health the most resent am approvals from public health and the alc rules committee have resulted in the rules pertaining to hospitals and related institutions the critical access hospitals in arkansas. The freestanding birthing centers and the rules for hospitals home health and private your agencies have been filed with the secretary of state on june seventh of this year and so they are currently effective as of june seventeenth in addition we have the rules for cosmetology and body are to implement various acts from twenty twenty three the board of health approved them january of twenty four the public comment period is currently a pending we have a public comment hearing on july tenth and we will submit the public comment report to alc rules are to try to get those on the agenda as soon as possible hopefully in august or september the rules gaverning medical mariwanna registration testing and labeling or approved by the board of health on january twenty fifth of twenty twenty four this is updating a various revisions that were required since the last version I was implemented in twenty seventeen to the extent that any proposed changes were attempting to implement and act eleven twelve of twenty twenty one that addresses telehealth for written certifications recertifications that act has been challenged and courts in the latest activity on that cases I think there was an answer from the attorney general's office that was filed in february of twenty twenty four but to the extent that many proposed changes relating to that are affected by that legis that litigation will make sure that that's removed from the pending rules we did have a public hearing on june eighteenth as a part of the required public comment period and we are working with the public comment about report and hope to have that filed soon. The three remaining rules approved by the board of health include the rules for emergency medical services to implement acts fifty four and two fifty eight of twenty twenty three the board of health approved these rules in january of twenty four we are having a public comment hearing that starts june twenty ninth through july thirtieth we will have a public hearing on july thirtieth and will get the public comment report to alc rules as soon as possible in order to get it on the agenda we have rules for lead based paint activities that will implement the military license your act act one thirty seven of twenty twenty three and we are working on getting a public comment period set up for that one and the remaining rule is pertaining to rabies control which implements acts one sixty one and five twenty two of twenty twenty three and the board of health approved that rule in january of twenty twenty four and we're a waiting further executive approval and we're happy to take any questions membership questions for department health. Seeing none machine gilmore thank you for being here today and for your update. Dhs. The. Mitera as chief of staff dhs we had two outstanding rules they were both reviewed today that the residential last is in standards rule pursuit act eight oh six and the assisted living facility cost reporting rule pursuing it to act one ninety eight assuming they get approved tomorrow we'll get him to the secret secretary of state's office great thank you mister rails members any questions on this. See no questions thank you for your parents here today. Item thirteen taxpayer commission. You'll identify yourself for the record and then give us your update please thank you mister chair alice and brag secretary inspector general summit the blast and game chief council inspector general and mr chair are update is that our rules are ready they've been ready since january unfortunately dfa revenue division has insisted on a significant level of input that has a still waiting so once they are finished we'll be able to submit those rules for promulgation. I'll give you the honor so standard hammer you recognize so what are they asking you for the was holding it up many many things twenty four things to be exact we have negotiated as best we can were hung up on two roll provisions that they don't like and so once they're more comfortable with them I guess we'll be able to proceed. Specifically related i'm sorry to interrupt you but specifically relative filing answers with the commission and following the procedure that the commission has set forward they don't like following that procedure and they don't like the rules about that so we've been having a lot of talks about that so I guess my second question for you better. I am trying to get my mind why why do they have the authority to hold up you presenting your role they don't. So why wire the roles in front the well as you know as part of the executive branch we have to submit them for approval through the governor's office and since deface also part of the executive branch that's where we're all trying to get on the same page and so that is where the hold up is is with the negotiation with the fay. A hold by my head one more if to the truth and sector would I be correct that this is causing enormous matter frustration with your remaining process. Yes mister. Representative daughter you're recognized mr chair this is question for the chair can we just ask that these rules go ahead and be brought to us in that weekend we can make those decisions if we have to. Staff as based on that that really is. Up to the agency as to when they submit those. I work question to the chair you recognized can we have the ones that are at least approved brought to us these have been here since january we're now going into a seventh march. We don't have to have all of one kit we have partial of a rebecca. Straight. We're back a miller rice administrator with the bureau representative dollar they could bring us with the what they just see it wants to bring us and we have to wait for them to file him but once they fall certainly get them in the in the queue for a review. Thank you mister chair I would request as a member of this committee that they bring what they have ready to use the next time received acknowledged respect that request in and that request has been has been noted we would ask the agency to submit to us what they do have ready and I would also ask that if you have further delays in getting those back if you would advise staff so that we can. Can assist with that as well thank you mister june center hammer you're recognized thank you miss chair I would also like to request that they send to us twenty four. A point that seemed to be the sticking point and that does be mailed up to the members of the committee so we could be a little bit ahead of the game as far as you know understanding that okay that's my request take that request there to make note of that please represent a painting or recognize for a question this is to you mister chair I guess you know I don't see anybody from definite it's out there would be nice for them to be here you can you know answer the frustrations of the inspector general and of two is. Can we not make them show up I know we won't be here in july so in august to explain why. You know they're they're hanging up all this. I mean we can certainly always extend that request for them to attend okay representative or did you have a question. He askers can there was any other questions for. In the department of inspector general. So you know and thank you for being here today and we appreciate the day that you were able to provide item fourteen department of labor licensing. I guess we're live here yes sorry good afternoon dan parker. General counsel for the department of labor and licensing re the majority of our five ninety five rules have been submitted to the committee and approved we have three more there will be submitted shortly are towing and recovery board rules have been I found the public comment report for that just last week. And they will be on the next agenda of the committee for approval. The or combined rules for the consolidated appraiser abstractor in home inspector board have been through the public comment period as of late last week so they will also be submitted. I guess in it at the august committee meeting. And then the last one is the auctioneers auctioneer licensing board rules are under review by the governor's office and as soon as we get the back will put him out for public comment. And then present him to the committee thank you sir. Members of the questions for labor and licensing. Seeing now answered thank you for being here today for your update item fifteen department of public safety. The. You'll identify yourself the records are in in no please provide us with your update yes our philipporner with the department of public safety I believe the only outstanding rule we have is for x eight forty one d office and fire protection services in the state far marshall and we intend to have something to you in august. Okay members any questions. Tina sort of thank you for being here say last item from this part of the agenda secretary of state. Yes shared michael harry general council for the sector state. Are the rules that we have we're regards to act for forty one dealing with uh. The uh voda registration lists those rules have been drafted and they are currently out for public comment we have a public hearing set for july eighth. Okay members any questions for sector state office. The rule making seeing no answer thank you for being here today your parents in that update the members will go to item age on the agenda we're still in the process of considering the rules reports of group two agencies pursued act seven eighty one in sixty five. In each of these reports to agencies indicated those rules it wants to extend an enforce of those if any that it wants to repeal the sub committee has before today several agencies under the department commerce. Advanced copy those reports for next month is in your package for a day if you have any concerns we would encourage you to reach out to the agency prior to next month's meeting and discuss those with the agency for this month if we could have personnel from the department of commerce. Yard saw development finance authority come forward and present its rules report. Mister bleed. Yeah. Good afternoon jake bleed with the arkansas development financial authority and thank you for the opportunity to present this report the report that you have before you is the list of the existing rules which have been promotated by the authority not have gone to the acc seven eighty one process. Ah I want to before I get into anything in particular thank the bureau rebecca and isaac have worked very diligently to work with us through this process a lot of these rules are very old they are in many ways reflect programs which are agency has not administered or does not actively involved in but because of the length of the program in the funding day they regulate we still feel like we need on the chance that if we have a a an issue that comes up it will be better to have and not need the need and not have. We are continuing to work with the bureau as well as with the governor's office to update rules we have a number of different rules which are in the process now for promotation so two of the rules that are on that list dealing with the volume cap and multi housing multi family housing I will be replaced we hope here as it works for it in the process and we have some other rules which we look forward to bringing to you are to appropriate time. With that I would open up if there are any questions on the report so he may as you part the request from the agency they have a motion to accept their request to keep extinguished rules as outlined in the report I have emotions second you discussion on the motion are those in favor I pose nay motion carries thank you sir thank you or moving item to department commerce adc. The. Jiquinly director of legislative affairs department commerce also happier cheaper staff department of commerce. Members which are before you is the architect economic development commission's act seven eighty one report we currently have thirty six rules and force we are recommending at eight be repealed of the aid that we have slated for appealed the majority of these are it because authority for administration of the rule has been transferred to other agencies or they were temporary programs where the state funding has run out and we don't see a purpose for them or they were temporary emergency measures brought about by the cover nineteen pandemic the remainder of the rules we are requesting be kept on the books there usually in senate packages and programs that at worst need to be modified at best should continue to proceed planned. Happy to accept any questions that thank you members any questions see known that I need emotion to accept their report to repeal the eight rules and keep and extend its other rules as outlined in the report i've got a motion i've got a second in discussion on the motion you know are those in favor I pose nay as have it. Thank you very much for that update next is the state bank department. The. Good afternoon she's in a marshall commissioner of the state bank department good afternoon john owen depend commissioner bank department we're here to presented the rules for arkansas state bank department for our banks and other regulated financial institutions. We're requesting that all of our rules being forced and if you have any questions based on the report would be happy taking questions there is a sir you've heard the update to have a motion to accept the department's requires got a motion i've got a second discussion on the motion so you know all those in favor I personally as have thank you very much for that and we'll have a state security department please come forward. The. Good afternoon against is that a marshall state securities commission this moon in good afternoon campbell mclaren deputy commissioner of the arkansas securities department. The scores partner was responsible for oversight of five financial services industries in arkansas. Our department's authorities are set up about five different statutory acts each one covering one of these industries currently we have five corresponding sets of rules in effect a support administer acts these five sets of rules are included in our rules report and today we ask that each of these rules be allowed to extend enforce and i'd be happy to answer any questions thank you mister mcloren members any questions seeing no questions need emotion except the department's request got a motion we've got a secondly discussion on the motion so you know all in favor I pose nay as have it motion carries thank you miss marshall if you could wait just a couple of minutes I just when the meetings over members that's all for item age next item last month there was some discussion over the department's administrative directive concerning the movement of pregnant women the department reports on this directive's quarterly in this directive went into effect on march the fifth the subcommittee asked the department to come back this month just to discuss it a little more in depth would ask the department of corrections please come forward. Good afternoon tony rall chief legal council for the apartment of corrections will strong debit direct for invision of corrections great thank you in your update on this topic sure so we went back and reviewed this policy next to the law and that it was written based off of and i'm gonna grab that status toward citation here twelve thirty two one o two just a little background on that law it was passed in two thousand and nineteen there were some technical corrections entitled twelve and the protect are consight actually in some definitions. Erm and then changed a couple references to divisions our policy and the exemptions within that policy mirror the statute almost for beta and I do have deputy director restaurant here and he did confirm after that last meeting that we have not used restraints on any women while they were in labor since twenty nineteen when this law was passed and the exemptions are really just there for the safety and security of the marm hospital staff the the child and as the child is being born and those can't actually be overridden by hospital staff and the medical provider if we were to make a security determination the law and our policy both provide that the medical provider can't override that decision senator hammer reconnected a question thank you and a phone which you have said that the hospital staff could override this based on their medical judgment of the situation times that correct absolutely do they at the time they make that decision assume the liability for what happens if they do that or we're just the liability rest should incurs happen. Well I think that might be a question for our good friends at the attorney general health office um you know I it's so difficult to answer because it hasn't happened yet you know I think that we found that we haven't even had to use restraint sim any meaningful fashion at all so we have not an individual there security does remain inside the room as long as medical allows it if it will come to medical need for security to leave out they are told the eggs at the room so we would still have to afford it did an interfere with the medical process okay maybe just work encouragement check with the ag's office because I could see if that became allowed building healthy it never would be just crashed across teased out there thanks they consider him remembers any other questions for the department. Seeing a other questions thank you very much for being here for that update members have no other further business thank you for being here today was a lengthy agenda but appreciate your attendance in your input we are journal.