ALC-Administrative Rules
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Senator Lance Eads
Unverified
5:00
Welcome, members. I'd like to call this meeting of the Administrative Rules Subcommittee to order.
There are no executive subcommittee reports this month, so we'll proceed directly to the
rules on the agenda. In section C, first rule is Arkansas Development Finance Authority. Will you please come up and introduce yourself for the record and present your rule? you're recognized
Chair
Unverified
5:59
thank you my name is ben van cleef i'm the vice president for multifamily and general counsel for the development
Speaker 7
6:06
finance authority the amendment to the national housing
trust fund operations manual will allow rehabilitation to existing properties as well as new construction previously we'd only allowed new construction as an eligible activity we also excuse me we had also changed what was a reserve solely for extremely low-income veterans to a preference to extremely low-income veterans while we found difficulties finding eligible projects with the existing what we call Eli's Eli veterans we wanted to expand
upon all Eli households in Arkansas however we still want to keep that preference for the
Chair
Unverified
6:52
veterans that summarizes my amendment members are
Senator Kim Hammer
Unverified
6:56
there any questions on this rule Senator
Speaker 11
7:03
Hamer, we're recognized. Thank you, Mr. Chair.
Senator Kim Hammer
Unverified
7:09
Is it structured as far as who gets the priority of the money?
How much money are we talking about, number one? And then number two, the veterans get priority, so if there's a competitive process by which the money is going to be allocated out, do they get preferential access to money, whoever's going to be remodeling or doing the work on that house
Speaker 7
7:33
for that population it's expected that HUD will be providing us with two million dollars annually for this fund and yes they the veterans would have priority in
Senator Kim Hammer
Unverified
7:43
the scoring matrix then would the new construction or the remodels
have second priority status or is it a toss-up
Speaker 7
7:49
it's a toss-up of what is presented to us after the notice of funds availability and the projects come in the new construction rehabilitation have equal standing. Okay but the but the veterans get first priority right? Yes sir. Thank you. Thank you Mr. Chair. Any other questions
Senator Lance Eads
Unverified
8:12
members? Seeing none this without objection this rule is reviewed and approved. Thank you. Next we have the Arkansas Department of Education Division of
Elementary and Secondary Education if you'll come up and introduce yourself for the record and present your
Speaker 22
8:39
rule good morning Courtney Salis Ford for the division so we have two rules to present to you today that are the result of Act 170 of 2019 the teacher salary Enhancement Act. That act both raised the minimum teacher salary that districts
must pay to teachers and change the formula for calculation of the Educational Excellence Trust Fund. The first rule before you is that rule regarding EETF and again it changes the formula so that it is based on the prior fiscal year instead of the highest year since 1991 which was the previous calculation and I'd be happy to answer any questions on that rule members any rules any
Senator Lance Eads
Unverified
9:23
questions from this particular rule seeing then we'll consider this
rule reviewed and approved if you want to go ahead and
Speaker 22
9:33
proceed with your second one the second rule is the educator compensation reform program which allocated 60 million dollars to school districts in order to meet those new minimum teacher salaries and this rule sets forth the calculation by which it was determined which school districts got that money and how they would apply for and receive that money. Any questions on this rule?
Senator Lance Eads
Unverified
10:02
Again seeing none without objection this rule is reviewed and approved. Thank you. Thank you. Next rule is from the State Board of Election Commissioners. Please come forward to introduce yourself and present your rule. There we
Chris Madison
Unverified
10:33
go. It works better now. Good morning. My name is Chris Madison. I'm the
attorney for the State Board of Election Commissioners and this
is my first time having the opportunity to appear before you. So the rule that we're amending the The State Board of Election Commissioners has the specific authority to set the fees for nonpartisan judicial candidate fees under Arkansas Code 710-103-B1. One of the issues we ran into is that the last cycle we had fractional dollar amounts. So the purpose of this rule is to set a clear amount.
And the other issue we had is it's based on the salary of the position they're running for, and it was calculated as of the date of filing. Well, that isn't always real clear ahead of time. So what we've done with this is set a date certain, which is the last fiscal date of the preceding year, June 30th, so that candidates know what the actual fee is. While we were working on it, we included a roundup to the nearest $10 so that you'll have a fractional dollar amount. So that's the purpose of
Senator Kim Hammer
Unverified
11:41
Any questions, members, on this rule? This just allows the candidate
Speaker 10
11:47
to prepare a little ahead of time as well, so knowing what the filing fee is going to be
Chris Madison
Unverified
11:52
then. And the other thing is we have a responsibility to publish the running for public office book that says basically it's the plain English version, and we publish the amount into it so that you know what you have to do, how much you have to pay if you want to run for a judge or prosecutor.
Senator Lance Eads
Unverified
12:08
Okay, thank you. Any other questions, members? Okay, seeing none without objection, this rule is reviewed and approved.
Thank you, sir. Thank you. Next, we have the Department of Labor and Licensing, the Arkansas Real Estate Commission. If you'll introduce yourself for the record, you're recognized to
Andrea Alford
Unverified
12:41
present your rule. Thank you, Mr. Chair. My name is Andrea Alford. I'm the Deputy Executive Director of the Arkansas Real Estate Commission.
The overall intent of this rule change is to make real estate education more accessible and convenient by ensuring that all required real estate courses can be taken online. Specifically, this rule change will expand the allowable delivery methods for salesperson post-license, broker post-license, and broker pre-license education, all of which are one-time education requirements for licensure so that these courses can be taken online in addition to the classroom. This is a critical step forward in eliminating barriers to entry into the real estate profession,
most specifically in relation to active duty military members, veterans, or their spouses who may be transferring to Arkansas but are unable to attend classroom instruction in these initial courses. It also benefits low-income workers who may be unable to afford time away from work to attend classroom courses, and unemployed or dislocated workers who may be able to afford the course tuition itself but cannot also afford associated travel costs if no classroom
courses are offered in close proximity to their homes. I might add this is especially pertinent in certain rural parts of the state, such as southern Arkansas and the Arkansas Delta where real estate classroom courses are historically difficult to find. Broadening the accessibility of these courses also stands to benefit individuals with criminal records whose circumstances prohibit classroom attendance or whose educational backgrounds call for the self-paced study and mastery based learning
approaches available in distance or online education. An additional benefit of this rule change is the removal of impediments to consumer choice in how licensees receive their education, and it minimizes the state's potential for exposure to antitrust litigation as a result of limiting delivery methods for mandated education, both of which the agency considers crucial components of bringing our rules into alignment with Arkansas's desire to take a leading role in the nationwide pursuit of reforms to occupational licensing.
the real estate commission held a public hearing on september 9 and did not receive any public comment we have received a letter of support from the arkansas realtors association we have also received support from don barry who represents the arkansas veterans coalition and with that i'm happy to answer any questions any questions members on this rule without objection
Senator Lance Eads
Unverified
15:22
seeing none that this rule is reviewed and approved thank you thank you sir
Next rule comes from the Commission on Law Enforcement Standards and Training.
Please introduce yourself for the record. You are recognized to
Amanda Yarbrough
Unverified
15:50
present your rule. Good morning. My name is Amanda Yarbrough. I'm the counsel for the Commission on Law Enforcement Standards and Training. The packet in front of you is really a clean-up packet after the 2019 legislative session. We had several statutes and several acts that affected our rules, so we have presented this all to you as one large packet for compliance with the 2019 session changes. We held a public comment period, we did not receive any public comments, and we have been
approved as required by statute through the subcommittee public health, welfare, and labor. that I'd be happy to answer any questions. Any questions from the committee? Seeing none
Senator Lance Eads
Unverified
16:33
without objection this rule is reviewed and approved. Thank you very much. Next we
have State Aid Street Committee. If you'll come forward and introduce yourself for the record you are recognized to present your rule.
Steve Knapper
Unverified
16:53
Thank you, Mr. Chair. My name is Steve Knapper. I'm attorney for the State Aid Street Committee. We basically had five changes in our rules. The first was to increase funding for overlay projects from $250,000 to $300,000. Next was to cap engineering costs for design projects at $160,000. The third was to eliminate the current priority for first-time projects. fourth was to allow the chairman to approve the award of construction
projects and the fifth was to provide a procedure for the suspension of certain rules in the event of an emergency that's it any questions from the committee representative gene you're recognized for question
Representative Lane Jean
Unverified
17:51
there's no additional fiscal impact on this is there? No sir. Okay thank you. Any other questions? Seeing
Senator Lance Eads
Unverified
18:07
none without objection this rule is reviewed and approved. Thank
you sir. Last rule Arkansas Department of Transformation and Shared Services from Arkansas GIS office. If you'll introduce yourself for the record, you are recognized to present your
Speaker 47
18:35
rule. Thank You Mr. Chairman. This rule is an update. It was originally implemented in
2000, excuse me, I'm sorry, Shelby Johnson, Arkansas Geographic Information office this rule was originally implemented in 2004 and it is a publicate both a publication standard for the database and then also technical practices for creating the data so it provides guidance both to the agency and then guidance to the folks that are in the county assessor offices that produce the tax parcel GIS layer for our state we work closely with our colleagues at
the arkansas assessment coordination division and then of course our folks in the county assessor offices there's a lot of tech technology related changes in here that are related to technology updates and revisions to practices but primarily it's a publication standard for how we publish one of our most popular layers that's in the statewide system we did our public comment period back in July, and then we received some comments from some folks in the industry
and then also some folks from outside of the state. I thought I would just provide you one little update in terms of the database itself. On October 2nd, we published the statewide database twice per year, and our most recent publication was October 7th, and that publication is now at 1.937 million records covering 72 counties our three counties
that we don't have completed yet are novada surcy and fulton counties but it's one of our most popular databases and we needed to update the standard in which we publish it and i'll answer any questions if there are any questions any questions from the members seeing none then
Senator Lance Eads
Unverified
20:46
without objection this rule is reviewed and approved thank you sir members we had a short schedule today but i appreciate you being here and and know that
we're going to have a lot busier schedule coming up in november and december in rules so please plan to be here if you can and with that we are adjourned You
Agenda
A. Call to Order.
C. Rules Filed Pursuant to Ark. Code Ann. § 10-3-309.
D. Adjournment.
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — ALC - ADMINISTRATIVE RULES, Oct 16, 2019 | Agenda | 2 | Official source ↗ |
| A. Summary Agenda | Exhibit | 29 needs OCR | Official source ↗ |
| C.01a ADFA Amendments to the National Housing Trust Fund Operations Manual | Exhibit | 9 needs OCR | Official source ↗ |
| C.02a ADE DESE Sch Dist Educ Excellence Trust Fund and Act 170 of 2019 | Exhibit | 8 needs OCR | Official source ↗ |
| C.02b ADE DESE Educator Comp Reform Program and Relevant Acts | Exhibit | 28 needs OCR | Official source ↗ |
| C.03a SBEC Rules for Non-Partisan Office Filing Fees | Exhibit | 4 needs OCR | Official source ↗ |
| C.04a AREC Expansion of Allowable Education Delivery Rule | Exhibit | 6 needs OCR | Official source ↗ |
| C.05a CLEST Rule and Act 151 of 2019 | Exhibit | 121 needs OCR | Official source ↗ |
| C.06a State Aid Street Committeee Amendments to the Rules of Procedure | Exhibit | 10 needs OCR | Official source ↗ |
| C.07a GIS Board Cadastral Mapping Standard Revisions | Exhibit | 18 needs OCR | Official source ↗ |
Speakers
Senator Lance Eads
Unverified
Chair
Unverified
Speaker 7
Senator Kim Hammer
Unverified
Speaker 11
Speaker 22
Chris Madison
Unverified
Speaker 27
Speaker 10
Andrea Alford
Unverified
Amanda Yarbrough
Unverified
Steve Knapper
Unverified
Representative Lane Jean
Unverified
Speaker 47