Arkansas Legislative Council (ALC)

Thank you members you get seated appreciate everyone being here called the legislative council to order this morning a few will join me in standing for our prior central girl the fuel. Ask your pro this morning. Scathering people lord watch overseas we do the people's business have our hearts peer our minds clear or we just ask that you give traveling grace and everybody on the way home and have a great meeting in your name lowered email. Thank you. Members you've seen in your packet hopefully the minutes if you say knows I would take emotion to the doubt they minute have a motion to have a second old and fire I post minutes are adopted. I leave step we've got our revenue report doctor silver. Few come forward. Thank you for being weathers today if you will give us your official stuff and we will recognize you if you report. Thank you mister chairman today i'm presenting their january twenty twenty four revenue report we are four thousand eight hundred and sixty million dollars on gross general revenue collections it's as a decline of ninety one point five million dollars for last year or one point eight percent of the four thousand nine hundred fifty two million dollars we moved towards our net available for distribution will have four thousand and ninety six million dollars which is declined of two hundred and forty three point nine million dollars of five point six percent compared to january twenty twenty three as we were looking here page number one you see the corporate income tax refunds and interview drink contacts with funds or the ones that they are driving the difference here between the gross general revenue and the net available for distribution and that's something that we keep in an eye on a s tax interview during contact starting january twenty ninth keeping an eye closely to see how house down working hard refunds are moving forward as we move to page number two. You see a community of deviation form their forecast from the effort as the previous forecast they have provided forecasts for february which is going to be updated next month. As we move forward february first in compare february two february as well look here up to january we had a two hundred thirty one million dollars above forecast and as we moved from page number three and number four we're going to have a standard general revenues collect it and from page five and beyond we'll have our special revenue use we have senior increase on gross receipts taxes as we have seen the other few months that seems to be standard with a more so the states around us they also had a decline in general revenue but they have seen crassing in sale stacked in. Sales in general are ordered and we have kept an eye on commodities as we keep talking before. And as we have discussed previously with regard of a consumers and how it's they'll work with the court of their credit card volumes and their payments it seems to have a stabilized for the thirty plus days past to do we had increased in the last few months but right now it seems to have stabilized as we're looking to vintage for the previous years compared to right now twenty twenty three it seems that the new sentence seems you have a lower delinquency rate compared to the previous ears so but we keep in an eye on it in and look in each other the lower and their dear the credit score at six twenty and below it seems that the day or the ones with the high and delinquency in the past your month but with that i'll take any further questions thank you. And we have questions central hammer you are recognized thank you good morning thanks for the report could you give me some inside as far as natural gas severance in the. Change in the numbers on it please. Charm page five of the report. Yes there are natural gas service has been going out and it going down in the past few years you have a huge decline in the less few weeks as well so that's being better tran that's been going on throughout this whole fiscal year and there's no from what I have observed and for what I have looked into at the dataset to receive that is there's expected to continue in the short term so that that declined there is been going on for since the beginning of this fiscal you had a increase in the last year less you have done covered until two years ago have a huge spike on the natural gas braces they have been declined significantly and in this fiscal year and that's why we have this this huge change here because we compared to the last fifteen year less it's called you better year and and the expectant continued just if this declined he on the less the next few months is that whether related usage related or what what contributes to the followed out i'll fall beyond my expertise here for if I speculate on all all the changes but the price has been declined because again coverage doesn't and the need for it and dan right now there's not much of a can I need for a sorry thank you. Centre urban recognition the the water waste pollution abatement bind at eight point eight is that a monthly. Amount sorry man what page and i'm page one under adjusted general revenues the water waste pollution abatement bind it's a it was eight point eight from previous is at a set is just a standard yes yes sorry is that would we put that money in a monthly eight point eight million mutual looking to a mark that is but at no snap is not every month there has been a change there for our only should get back to you exactly what marked there was but he's as a consistent unless you see your desk white there's no percentage changed on their line yeah I just wanted to see if that was an annual amount that we put in there. Or if that's monthly okay yeah I can get back to you on exact what that's going to and and then can you also give me the balance of what's in there yes ma'am and then the history of the drawer the spend on it. Yes ma'am thank you. Thank you i'm seeing no war questions thank you today thank you they're an extert my culture word loud as a report for the executive subcommittee. The executive subcommittee met on thursday february fifteenth and approved the release of an rfp by BLR for audio visual system and services for the fifth floor of the mac building subcommittee heard presentations from the department of education department of higher education and representatives of metal adams and lee concerting it study on education facilities property insurance the subcommittee will meet again on march fourteenth to hear recommendations related to the school and property interest thirty and I encourage all members and alternates to a ten and participate in these meetings. Director guarantee updated subcommittee on proposal the construct two new conference rooms in the lobby across from committee room b and a subcommittee voted to approve bl moving forward in that process finally the subcommittee was given an introduction to mistiffany right the new director of division of children and family services at dhs. As an addition to this report cinderice and I asked for the approval to authorities bor to move forward with negotiations for new contract via special procurement with the siegel group for consulting services related to the health insurance benefits for. Energies are the state the result in contract will be brought back to you once negotiations are going through the executive subcommittee policy and exactly legislative council for approval with that I move. For the adoption i'd be happy to answer any questions. The question for replacement. Not to have a second second i'll in favor of the report say I post a report is adopted next up we have administration rules. Represented brian evans you are up thank you mister chair administrative real subcommittee met on thursday february fifteenth subcommittee foul report from the executive subcommittee concerning its review and approval of an emergency rule. Pursue attack five ninety five of twenty one the subcommittee received an agency update on outstanding rule making from the twenty one regular session and filed written updates relating to the twenty three regular session the subcommittee also accepted the recommendations by group two agencies concerning the extension and repeal of rules pursuant to act seven eighty one two thousand seventeen and act sixty five of two thousand twenty one all rules were reviewed and approved including one held over from the sub committees january meeting that was noted in the report mister chairman I moved for the adoption of this report that your representative I have a second on the motion circuit our own favorite eye boost report is adopted next step we are at claims review and litigation report centre dots you are recognized. Thank you mister chair. Claims review litigation reports oversight subcommittee met on wednesday february fourteenth twenty twenty four concerning litigation reports oversight the subcommittee reviewed two litigation cases. Concerning claims review the subcommittee affirm the rulings of the claim commission as to four reissuance of warrants to ordered claims fifteen denied and dismissed claims and one negotiated settlement. Finally pursuant to arkansas code annotated nineteen five six o one e. The treasure of the state submitted a claim for additional general and special revenues that the city of confirmation be should have received based upon the sensors count the subcan be approved inclusion of these amounts and the claims appropriation bill I move adoption of the report. They said in no questions they have second. Take it out in favor I thought report is adopted employee benefits division centre hickey you are recognized. It sent to hickey here. More eighty one. The employee benefits the vision oversight so committee met on wednesday february fourteenth twenty twenty four the subcommittee approved the drug formula reports for january twenty twenty four the employed benefits division provided update on the united health care network i'm looked for adoption of the report. Thank you center hickey have suckered no questions on vibraged report adopted thank you we have are the hospital in medicaid a study at center urban your recognized for that report. Thank you mister chair the hospital and medicaid study subcommittee met on wednesday february seventh to hear testimony regarding the assisted living facility reimbursement rates under the living choices assisted living waiver happy to answer any questions I move adoption of the report saying no questions have a second i'm saying it now in favor a post report is adopted occupational lasting review reps and if shortly in fact you are recognized who that report the occupational licensing review subcommittee met on thursday february fifteen to receive reports on occupational authorizations from the following entities arkansas department of health center for health advancement arkansas word of hearing instrument dispensers are considered praiser licensing and certification board architects are liquified petroleum gas board and the arkansas state plant board plant industry division I move it option of this report thank you I have a motion and a second i'll in favor of the dopped in report say I post report as adopted. Performance valuation in expenditure review committee center just made you are recognized. Thank this chairman the pierce had but subcommittee met on two state february thirteenth the subcommittee received reports for viewed request and improved the following various temporary appropriation american rescue plan act appropriation infrastructure investment in jobs act appropriation in restrict reserve fund transfers review item e one and appropriation transfer by the game and fish commission total and three point two five million was contingent on a new request being made by the commission based on the discussion in the meeting the new request is attachment one behind the report and move for adoption of the report and have you take any questions that's not seeing any questions to have a second one emotion so I can't know on favorite I post per report is adopted before go to the next one I just want to make note that it is centre right jobs as birthday and I know he doesn't like that and we are not going to saying but II wanted to take this opportunity to embarrassing if I could thank you next time we have reviews center flip of europe last. And I can see that you were ready to go as always as german the reviews of committee but on tuesday and review the gender items including most alternative delivery destruction projects grants and contracts the also reviewed to arky requests a contract was held for additional information and that has been received I move adoption of the report including contract number eight on page for that was held really questioned for certain to flip. Not seeing any of the second one that motion has second own favor I pose report is adopted thank you we looked at a personnel reps in a barry thank you gonna give that you are recognized sir thanks the personal committee met wednesday february fourteenth the room a at one thirty and reviewed or prove the items listed in reporters items want to seven the review included the revised promo start performance evaluation system policy and procedures that were presented by the office of personal management as item one the committee also approved a request by the university of arkansas community college at baseball to her ms temmy pierce spouse of representative shad beers as item three I will take any questions and move that the adoption of the report be accepted at the proper time thank you mister thank you I think i've got a question seat eighteen. Don't represent maybe. You have a question yes thank you mister chair and I appreciate the opportunity I realize i'm not on ALC I did want to bring up an issue that I brought up at the meeting I got an email from a constituent because this policy is going to adversely affect her i've done a little bit more dicking and it's going to affect a total of thirteen people thirteen state employees in the state of arkansas and I realize the sum you might say that's not really a big deal it's only thirteen people but if you're one of those thirteen people in the family affected by it. You want someone to speak up and make sure that it's known before moving forward so i'm here speaking on behalf of my constituent she made a lateral transfer from one department to another in january based on the circumstances at the time the policy that was in place and when you make a decision to move jobs you consider a lot of things and the policy that it will now be in place i'm not arguing about the policy from today moving forward it is what it's going to be i'm not here to do skies today moving forward what is disturbing to me is that we are. Doing this and it will be retro active to january second so we are changing things that she took into consideration when she made this lateral transfer she received no raise through this did not receive a raise last year I don't know how long it's been since she's how to raise and if circumstances were that way she probably would have held on to the job until at least the end of you know june and then tried to make a transfer. Yeah. Yeah. I do know there are thirteen people total who are affected by this and. I just think that it's the right thing to do and it is a very simple thing to do. In this policy change if we could make the start date even today so that today moving forward this is what the policy is this is setting a horrible precedence to because as we move forward what else as any of us want to make a job change. That the circumstances three months later two months later a month later might change. It's not right i'm not on the committee I probably can't make the motion but maybe there's someone on this committee who can and all i'm asking is for a substitute motion to move to adopt the report with the exception of item one which could be pulled out and voted on separately thank you thank you recognize you for a question one in there somewhere we'll go to uh representative and by the way members this was covered in committee yesterday before we would thank miss chairman you're exactly right this was covered extensively in the committee and it was approved without the objection by the entire committee and I will also say that the representative of maybe he's constituent with it allowed was sometime being made there that she would have gotten a raise or or if she was going to get a raise you just don't know that but this policy was actually there was a lot of collaborative efforts between the executive branch the secretary of fiscal pm the house and send leadership nasce was a supporter of this policy and it's not gonna make everybody happy but it's the best policy and it's I think it's a a great policy in order to recognize our employees and it gives that cabinet secretary at least six months to determine whether or not an individual is performing up to the the level to receive a race so I don't think that there needs to be changed I could say it was approved by the subcommittee and all the players that has been working on this for about six months now so were that being said I think the policy should be accepted as is thank you mister chairman and i've got a. Another another question central hammer you recognize I think it was shareman and yes I respect everything was said an agree but for the purpose of consideration would the chair consider asking january did this particular point ever come up in those six months of discussion as far as the number of people that would be affected such as this constituent is expressed or the chairs could respond if you don't mind please. Representative barry thank miss chairman and center hammer yes it did come up and actually truth be known the originally the committee looked at a one year wait time you'll transferring employees bewind negotiated down to six months because all the players felt that there we needed that six month time frame in order to effectively value waiter one of our employees to determine whether or not they needed it should receive a married increase. Could I do a follow up mission good thank you. Did did we did the group that was working appreciate the work of all the group in their right waiting and did they consider what would happen. If. It was if they're sick much would weigh it's affecting by by the report thirteen people but if it was changed either way do we know how many people of greater number might be affected by. In in a way such as these thirteen would be affected not my knowledge that in it may have been I may have miss up senator davis that was is my coach here on that subcommittee I would defer to her but i'm not aware we didn't specifically talk about numbers we primarily talked about giving the cabinet are the secretaries and opportunity to be able to evaluate and employee over that six month period and and I will say they're you know you mentioned thirteen employees and just like representative maybe it's constituent there's there's no guarantee that she was going to get a mirrored increase in the past or in the future so there is a lot of assumptions being made there and i'm i'm sure there's the same case with the entire group of thirteen. They can reach a brand it's thirteen now but it could go to thirteen hundred if something's moved we don't know if this is if this is altered from what it is. How great a number it may go one way or the other and and that's why I brought it up is you moved one peace it may affect somebody else in the way and we'd be back where one point well taken thank you center thank you mister german central davis you recognize thank you mister chair I just wanted to reiterate a lot of what representative was saying but also say you know we've been working on this sense early summer so for months and mines there's been virtually everyone at the table trying to make sure that the new employee played a plan for the time period or the evaluation is fair and is something that makes sense and that everyone's on board with and so I think there's been a lot of thought through every single angle and what it looks like and for state employees across every department every agency to ensure that there is a fair plan in place for them to be evaluated and also have an appeal process if they disagree with the evaluation and so. This has been worked on for months by a lot of different people thinking through every single thing from the three months to the six months to the year to insure that it's a good policy it's a fair policy and even the state employee association is totally behind it they are on board they are very pleased for my understanding with the way the plan is and I always think it's a battery of them to change policy just for one person or one circumstance I think when you're talking about thousands and thousands of employees across the state that we need to come up with a plan that's fair and right by those employees and make sure it's a good evaluation system and that's what the work that the governor's office has been charged was doing that's the work that we've been charged was supporting and helping work through and I think we've done that over the months and we've gotten good feedback everybody has been at the table they're on board they're pleased with the plan and I think it's something good that we need to move forward with thank you. Recognize members of take a minute to do something that usually do on the day you leave here as a chair. I can't brag or my subcommittee chairmans enough and I know sender rice would echo this. And representative and center davis took this. Not only about the bull by the horns this thing came to committee. A month and a half ago undine with no details. These two took it. Went to the apartment had and pull it back set through multiple meetings hours I want you to understand how we're. They didn't come up here and spend a day they come here without people. And a worked to get it to where we are today. So then it took care of the masses of the twenty eight thousand employees that we have in state government. And if it affected thirteen people i'm sorry that it affected thirteen people but the masses were taken care of in yes under hammer we know how many people it is because we know how many people have transferred and stay government since january. So that number thirteen. So I mean I think it's important that we take and we recognize the work these folks and put into this and they did a lot. So thank you. Thank you maybe. Thank you I just did want to clarify that I was not trying to say that they would get a raise but the problem is is that they can't even be considered to get a raise and that we are date back dating this policy this policy moving forward all the hard work that is greatly appreciated i'm not at all trying to say anything negative towards anybody working on this policy i'm very grateful that we have a policy to move forward with my argument in my concern is that it's back dated and you're changing the circumstances after the fact so I will end with a question one more time if there is someone on alc that would be willing to ask for a substitute motion to take out that part and boat on it separately. Thank you very much for the opportunity to share the concern and to just to have the opportunity thank you. Thank you I had a motion from representative mary did you have something else. I have emotioned from representative on the table and i've second our own favor say I post. It is adapted and reporters about. Next members of your look to h. We have the report there that fifteen day needs be pulled out first one it is requiring action members is. A h four energy and environment there is uh division of environmental quality a coach airward law on a sale or a sanding that to public health senate and house without objection not seeing any objection that will be a sand to public health instant and house next up we have number six is a report from secretary putnam. If you will come forward. They're objective putting him misman where glad to have your here today please identify yourself you're recognized for a report. Thank you to christie pertinent secretary of department of human services good morning jane at may and deputy secretary arkansas dhs. As I directed by section fifteen about two thirteen of twenty twenty two we're reporting to the architect legislative council the status of our efforts to increase reimbursement rates under the living choices assisted living waiver we're continuing the work necessary to implement act when ninety eight of twenty twenty three and will provide a little bit more detail about that. To date as we've previously reported all cost reports were received and forwarded to myers and stuff are for inclusion in their analysis we we previously provided the cost reporting methodology and anticipated timeline for a completion to alc and to all living choices providers on december fifth twenty twenty three we also requested myers and staffer to provide a draft report for review by all stakeholders prior to completion of their final version in addition yet in our letter dated february seventh we were we reported that we were continuing to work on updating the provider manual that rule has now been completed and is in the approval process to update the provider manual regarding the the cost reporting requirements of act one ninety eight on october first dhs posted for public comment the intent to petition cms for approval to implement the current appendix k rates for use in alpha imbursement as the permanent rates for the duration of the current living choices waiver and those rates are eighty one fifty nine for urban facilities and eighty five sixty seven for rural. The amendment for these rates was formally submitted to cms on october thirty first twenty twenty three and formal cms approval was received on january twenty fourth twenty twenty four with an effective date for those rates of march first twenty twenty four. Then on january sixteenth we did receive the cost report analysis and shared this information with all providers and associations the cost report analysis was also presented to the alc hospital and medicaid study subcommittee on february seventh and additionally the cost report analysis was posted from for public comment and that public comment period does end today we did receive a number of questions we are working to do follow up on responses to submit formally back to blr on the questions and answers that were discussed during the february seventh hospital and medicaid study subcommittee and we are continuing our broadbased review of the entire medication system for a long term sustainability and that concludes the report for this month. The. I have questioned reps in your shortly in fact you recommend thank you mr chair thank you for this report could you sum arise briefly the committee said you received a kind of how they categorized as a critical or in favor and what they basically were saying. So the comment period is still open and so it does close today we we've received several comments we had to wait till the comment through this over we can okay. Checking checking with a deputy man we have received several comments asking questions about some of the with the rate of analysis the cost methodology that was done in the report specifically around orient rates calculated and some of the time periods that were used to calculate rates and we've also received a a couple of comments indicating that the rate is sufficient but with some questions about some programmatic changes not related to the rate that we could possibly make and those are programmatic changes about being able to charge for days that individuals are not in the facility whether or not we can make that change so that's what we we will continue to discuss and we will also have a summary of all of the comments received at the conclusion of the of the comment period today. Follow up. Thank you if we're not able to make those changes that you suggested about some of the at the rates to charge you for certain things how would that affect this. Yeah. It if we're not able to make the programmatic changes it wouldn't affect this current process that would be a separate process and go for going forward in discussion that was my question okay. Member general more questions for sector button or ms mayor. Not seen in thank you for being here a day and for your report thank you. Memories and her last one is. Division of building authority is. Number nine b. The questions they are not i'll take a motion they were motion improve second circuit their own favorite eye opposed. Members seem not seeing any of the business we are adjourned.