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Arkansas Legislative Council (ALC)

January 17, 2020 ·9:00 AM ·Room A, MAC ·1:32:34
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Thank you. Thank you. Thank you. Thank you. Thank you.
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Senator Cecile Bledsoe Chair Unverified 2:30
Ladies and gentlemen of the committee, let's take our seats. Chair sees a quorum, and before we get started, I'd like to take a moment to ask all of you, members of the committee, members of the committee, if you would take your conversations out of this room, take them to the staff and members only room back in the back, we would appreciate it it's really hard for your colleagues to hear and also when you're up here and behind us the staff can't hear what's going on as well as they need to so I would appreciate that very much all right before we have a motion to approve the minutes representative Wardlaw has a point a personal privilege you're recognized thank you madam chair members this week we all sat through
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Representative Jeff Wardlaw Unverified 3:54
subcommittees from monday until today one thing that i noticed in those subcommittees this week and i try to attend them all every council week was agencies were putting things on our agenda coming to our committees and they did not have the data to explain those items this is aggravating they all promised us an email before today and expect us to make a decision without the data agencies you're in this room i'm telling you don't come back to our subcommittees without the data don't put it on our agenda without the data we will hold it for a month this is ridiculous and hard for us to make decisions so thank you madam chair all right thank you all right ladies
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Senator Cecile Bledsoe Chair Unverified 4:45
Ladies and gentlemen, you have a minute to look over your minutes from the last meeting. If you would do that at this time. All right, I have a motion to adopt the minutes and also a second. All those in favor say aye. All those opposed. Minutes are adopted. We're going down to item D, which is the executive subcommittee, and Representative Jeff Wardlaw will have that report. Thank you,
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Representative Jeff Wardlaw Unverified 5:20
Madam Chair. The executive subcommittee met on January 16 in her proposal from Senator English regarding creation of AOC subcommittee on data sharing, which will complete the work of a recently expiring data sharing task force. The executive committee approved the proposal and recommends a completion to the subcommittee of legislative council. all right you
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Senator Cecile Bledsoe Chair Unverified 5:42
need a suspension of the madam
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Representative Jeff Wardlaw Unverified 5:47
chair I'm sorry that was left off my paper I need to make a motion to suspend the
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Senator Cecile Bledsoe Chair Unverified 5:56
rules to adopt the creation of the subcommittee all right do I have a motion motion second all those in favor say aye all those opposed motion passes
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Representative Jeff Wardlaw Unverified 6:15
Madam Chair, thank you, and I'll move on with the rest of the report. ALC Rule 5C requires a suspension. I'm sorry. I read the wrong one. The subcommittee heard the Arkansas Racing Commission request a review and approval of six emergency rules. The emergency rules were received and approved effective upon adjournment of today. The subcommittee also continued its discussion from the December 19th meeting for approval of emergency rule for the Benton County Solid Waste District concerning district fees. The emergency rule was received and approved upon adjournment of today's ALC meeting. Finally, Director Marty Geraghty of the Bureau provided her director report.
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Senator Cecile Bledsoe Chair Unverified 6:53
I move for adoption of the report. All right. You've heard the motion. Questions?
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Representative Fredrick J. Love Unverified 7:04
uh representative love you are recognized for question thank you madam chair um since i i wasn't didn't attend that meeting can we get like a little summary of the the racing committee the the rules that the racing committee would like
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Senator Cecile Bledsoe Chair Unverified 7:21
to have approved all right is there anyone here representing the racing commission if not our staff can explain what happened and what we talked about anyone all right would we we'd like to have someone from the staff please go down to the table and explain what happened in the executive committee with the racing commission you recognize yes
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Speaker 35 8:16
ma'am lacy johnson bureau of legislative research the thoroughbred rules or the racing commission rules that were presented yesterday were just various things related to thoroughbred racing. I don't recall specifics of each
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Speaker 36 8:32
rule. Do you have the summary sheet?
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Speaker 38 8:38
If you would like, I can find you a summary of
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Speaker 35 8:45
those rules. I do not have it on me.
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Senator Cecile Bledsoe Chair Unverified 8:52
Okay, thank you. Any other questions on
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Speaker 42 9:12
this particular issue? all right we have the summary
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Speaker 47 9:18
okay thank you representative love there were several rules the first one set required standard jockey mount fees when there is no specific contract between a jockey and an owner okay sorry I'm gonna have run through these. The second rule defined an objection made to stewards related to an event that did not occur during a race. The third rule was regarding entries in races when two or more horses are entered in a race that have the same owner. Then we have identification of horses through microchips and digital tattoos in conformity with current national standards. Then we have time periods for protests for issues that do not occur during the running of a race. And the final one was owner's option to declare a horse ineligible to be claimed and reduces the 90-day last start date requirement to 60 days okay all right that's that's
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Senator Cecile Bledsoe Chair Unverified 10:32
what I need thank you thank you very much you can continue with the report all right representative Wooten you're recognized for a question Is your question on the Racing Commission?
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Representative Jim Wooten Unverified 11:03
To back up what the vice chairman pointed out, why should our staff be down there giving the report or answering the question when, of course Mr. Wather did come up there, but this is a continuing problem. One not telling us about a matter until it's gonna come before us and then to some of the secretaries are not attending the meeting our meetings and I think they ought to be here but anyway that's just a statement all right thank you all right
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Senator Cecile Bledsoe Chair Unverified 11:40
representative fight you're recognized for a question thank you madam chair my question
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Representative Charlene Fite Unverified 11:44
is about the waste districts all right I think we're We're ready for
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Senator Cecile Bledsoe Chair Unverified 11:48
that. Go ahead. All right. Thank you, Madam
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Representative Charlene Fite Unverified 11:50
Chair. We have some people here from the Boston Mountain Waste District, which is in my district. And could we hear from them as to how the change in this rule will affect them and perhaps other districts, waste districts throughout the state?
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Speaker 63 12:10
Thank you.
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Speaker 67 12:40
Thank you.
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Senator Cecile Bledsoe Chair Unverified 13:10
Representative Fite, that has never been the way we have done things. Usually those things are done in the Executive Committee about rules, but Representative Senator Ballinger will probably have a motion that might address some of that. Thank you, Madam Chair. Thank you. Senator Ballinger, you're recognized.
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Senator Bob Ballinger Unverified 13:47
Thank you, Madam Chair. I know the report has not been read on this issue, so as long as I'm in, as long as this is an appropriate time to carry the motion, I'll make the motion. Okay. All right. So, pursuant to ALC Rule 22-3-F-B, a majority of the members of ALC can ask the Executive Committee to reconsider its decision on emergency rules. I move that they reconsider review and approval of the Benton County Solid Ways Management District emergency rule in order to determine whether it's actually an emergency. And I'd be happy
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Senator Cecile Bledsoe Chair Unverified 14:23
to speak to that motion. All right, that's an appropriate motion. I think I may have a motion to split the vote. So we're going to do that. Senator Hester has made that motion. I need three hands.
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Speaker 71 14:47
Okay, got three hands. Okay. Madam Chair, I'd also like to speak to that motion if it's
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Senator Bob Ballinger Unverified 15:04
possible. All right, that's possible, go ahead. Okay, so on my motion to re-refer to committee, one of the things, and I think the request by Representative Feit is a great illustration of the problem here. Almost none of us know what's going on with this rule because it's an emergency rule that went through the executive committee. I'll give you a little bit of background. It's extremely complicated. I'll try to stay out of the weeds, but since 2011, there's been a little bit of a spat with how Benton County divided its fees with the Boston Mountain Solid Waste Management District that has a landfill in Madison County. They also do work in Washington County, so this is something that affects Washington County as well. Well, there was a question about it. They've been in court, they've been litigating, And then recently, there was a court decision, appellate court decision that came on the side of Boston Mountain Solid Waste Management District to say what actually plainly the code says is that if you can't agree on how the fee is split, it should be split 50-50, right? And so for years, 50% of the fees have been distributed to Benton County Solid Waste Management District. 50% of the fees have been held in escrow that should be going to my poor little county in Madison County. Now there's two different worlds, right? So on an executive committee, there are multiple individuals who are from Benton County on the executive committee. Whereas Madison County has one state senator who shares several other counties, has state representatives that share several other counties. The truth is on the executive committee, Benton County is well represented where all the rest of the counties who are affected are not. And I don't blame the representatives of Benton County for supporting the Benton County Solid Waste Management District. But what I would say is it's an inappropriate place to consider such an important issue. And by the way, what this rule change does, it doesn't just split the fees, it also changed how the fees are collected. So before it was collected by tons, so it would be collected by the place where it's actually distributed, the trash and distributors. So you have one person collecting the fees. Well now it's every person who carries has to collect the fees, which means an administrative nightmare means that the carrier is gonna have to try figure out if they if they do it i don't know what their legal mechanism to enforce it is but have to figure out how to collect the fees and and while i'm not saying that there isn't some reason to debate here what i'm saying is that there should be some debate here this body most of us should have some idea of what's going on here and how it will affect your waste management districts and you don't know that and the reason why you don't know that is this didn't go through alc rules there wasn't the same public comment period and all that it was pushed through as an emergency rule for a problem that's been going on for you know near a decade and to subvert something that that is in the code something that the courts have have determined and so through rule making they want to try to manipulate the system and like i said i have no hard feelings towards my colleagues that are supporting their benton county solid waste management district but what i would say is that is an issue that affects the rest of us and it should be something that is is not considered as an emergency rule and so that's why i made that motion
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Senator Cecile Bledsoe Chair Unverified 18:24
all right thank you uh we have some questions before we take up the motion representative dodson you're recognized thank you madam chair um trying to figure
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Representative Jim Dotson Chair Unverified 18:41
out where to start with this uh so this is an issue i became aware of just a month ago uh when it came through alc executive subcommittee it was held off for a month and the question on this rule is whether or not an emergency actually exists or doesn't exist the statutory language is absolutely clear that the Regional Waste Authority has the authority to promulgate rules and to make this change. And they have begun the rulemaking process in order to make that change through the regular promulgation process. And that will be coming before us in the next couple of months. What this is, is whether or not there's an emergency that exists. And as Senator Ballinger alluded to, this has been something that over the last several years, half of the funds that Benton County had traditionally been receiving and collecting. In fact, I believe the other authority has never received a penny from these fees. They've always gone all the way to the original one. Over the last several years, there's a lawsuit. And so half the funds have been held in escrow to the tune of hundreds of thousands of dollars. And that court decision is pending, it's working its way through the courts, it's on appeal. What the status of that really matters very little to the substance of this particular rule that's before us. This particular rule that's before us is an emergency rule on whether or not an emergency exists to go ahead and make the change in the fee structure, which they clearly have the statutory authority to do. It will be done in the next few months regardless and it will have no effect on the the court case and the previous split hundreds of thousands of dollars that's being held in escrow. In fact that's possible it'll all go to Boston Mountain or some of it may end up going to I don't know what the I can't predict what the court will do. None of us can. However, to the rule that's before us right now, we heard testimony both last month and this month that Benton County Solid Waste District had received, had been, I guess, basically dipping into their reserves month after month in order to maintain their obligations, maintain their programs, and continue to do the service to the residents of Benton County that are paying this fee, by the way. So over the last 30 days, they went back, looked at everything, and by the end of this month, they will go and lay off two staff as well as cut some of the programs that they have if the emergency rule doesn't pass. so we heard all of that testimony within committee i mean it's open to the public everybody that had any dog in the fight was there the room is very packed the discussion went on and on it's had two public hearings in debate we've we sent it back and delayed it in that time period i think it was about fifteen thousand dollars of funds that they were hoping for if the emergency rule would pass last month, is being reduced from their, I think it was $108,000 reserve for, I mean, that's their reserve for the year. So, as you can see, over the course of time, if this continues to drag on, they're bleeding down their reserve or they're going to have to cut staff. That's the question at hand here on whether or not an emergency exists. after all that discussion all that debate this passed out a committee without a single objection so the entire committee membership was there a majority of the committee is not from benton county and no one objected to the passage of this emergency rule so that's kind of the history and the background on this rule we're deciding on the rule whether or not it's an emergency not whether or not they have the authority to make this
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Senator Cecile Bledsoe Chair Unverified 23:05
this decision that's thank you madam chair all right thank
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Representative Dan M. Douglas Unverified 23:14
you representative Douglas you're recognized yes okay thank you madam chair I appreciate that and thank you representing Dodson for a good summary of that I would just add one statement and that is the fact that since 2016, Boston Mountain has been collecting their entire fee a dollar and a half a ton, while Benton County's Solid Waste District is getting half of their fees put in escrow for this lawsuit and has been collecting 75 cents a ton because they're operating on half the budget, half the revenue from tipping fees that Boston Mountain is. They've been burning through their reserves, and their reserves are becoming depleted. Their savings account's getting empty, and they're going to have to lay off people. People will lose their jobs, and services will be cut, and there will be less recycling, so the landfill will fill up more. There will be more trash on the roads, and this is an emergency because they've been getting half, and that's not fair they're getting half what the other district is and that's why this is an emergency they're bleeding through their reserves and they just can't do it any longer thank you all right representative fight
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Senator Cecile Bledsoe Chair Unverified 24:34
you're recognized thank you madam chair i would just
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Representative Charlene Fite Unverified 24:40
remind everyone that this will affect not only the boston mountain waste district but every district in the state if we change this. I am in full support of Senator Ballinger's motion. All right, thank you. Senator Hickey, you're recognized. Yes,
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Senator Jimmy Hickey, Jr Unverified 25:08
Madam Chair. I just want to know what the exact motion was again before we vote. I want to make sure
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Senator Cecile Bledsoe Chair Unverified 25:16
that I fully understand that. Senator Ballinger do you want to
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Speaker 71 25:24
repeat your motion very succinctly? I'm so sorry
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Speaker 26 25:27
I was speaking with staff. I said would you repeat your motion succinctly.
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Senator Cecile Bledsoe Chair Unverified 25:32
Yeah but let me just reiterate one thing. I've just recognized you for a motion please we've already heard. I'm sorry so I don't have
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Senator Bob Ballinger Unverified 25:42
any opportunity further opportunity to discuss this or refer to any of the other comments made i mean if that's the case
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Senator Cecile Bledsoe Chair Unverified 25:50
i'll just read the motion i'd rather you do the motion i
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Senator Bob Ballinger Unverified 25:56
think we've heard both pro and con okay pursuant to alc rule 22 3 fb a majority of the membership of alc can ask for the executive subcommittee to reconsider its decision on emergency rules i move that they reconsider review and approval of the benton county solid waste management district emergency
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Senator Cecile Bledsoe Chair Unverified 26:13
rule i need a second all right you've heard the motion uh we've had a also a motion a substitute motion to add to that uh to divide the vote all right let's start with uh the senate roll call I think that'd be better this is killing
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Speaker 104 26:47
it's starting with Senate okay Senate members Senator Ballinger aye Senator Byn Senator Caldwell Senator Caldwell First alternate, Senator Cooper Senator Cheatham Senator Cheatham Senator Chesterfield Senator Clark Senator Brianne Davis Senator Dismaine Senator Eads Senator Elliott Senator English Senator Flippo Senator Flowers Senator Hammer Senator Hendren Senator Hester Senator Hickey Senator Ingram Senator Irvin Senator Blake Johnson Senator Malik Senator Ruibert Senator Sample Aye. Senator Stubblefield? Aye. Senator Teague? Do I
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Speaker 110 28:37
need to go to his first alternate? No, because Senator Rice is his first alternate, so no.
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Speaker 104 28:42
Okay. Okay. Senator Wallace? Aye. Senator Rice? Aye. She's a no.
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Speaker 115 28:54
Okay. Okay. Senator Blase. I have 14 and 5. I have 15 and 6.
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Speaker 117 29:25
but somebody came and talked to me during one of the blood zone. Did you count her? I didn't count her. So I
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Speaker 90 29:31
passed. Now we're going to go to the house. Now we're going to go to
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Speaker 104 29:45
the house. Okay. House members. All right. Go ahead. You ready? Okay. Representative Bragg. Representative Birch. Representative Cozart. First alternate, Representative Pickleton Yes Representative Davis Representative Diffenbaugh First alternate, Representative McCollum Second alternate, Representative Petty Representative Douglas No Representative Eubanks Representative Ferguson, Deborah Ferguson Representative Kenneth Ferguson Representative Fielding First alternate, Representative Watson Second alternate, Representative Bentley Representative Charlene Fite Representative Lanney Phite Representative Gottfried Representative Gene Representative Love Representative Lowry Representative Magnere Representative Magnere Representative Miller Representative Murdoch First alternate Representative Hollowell Second alternate Representative Michelle Gray Representative Payton Representative Ritchie First alternate Representative Lynch Representative Richmond Representative Rushing First Alternate Representative Warren Representative Shepard Representative Smith Representative Sullivan First Alternate Representative Ladyman Representative Walt, Representative Whitaker, Representative Womack, Representative Womack, Representative Wooden? No. Representative Dyson? No. Representative Warlow?
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Speaker 128 32:59
Thank you.
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Senator Cecile Bledsoe Chair Unverified 33:29
all right ladies and gentlemen the motion passes and we'll send it back to the executive committee the executive committee will need to meet either today or monday thank you let's go on on let's go on down the agenda all right we're going to adopt the rest of the report i need a motion so move all right all those at second do i have a second all right all those in favor say aye all those opposed thank you Ladies and gentlemen, the co-chair and I have talked, and we will meet at noon today so that the people who've driven down for this will not be inconvenienced, and we will meet and B, Big Mac B, right next door, 12 noon. Thank you. All right, we're going on down to the standing committees. Senator Lance Eads for administrative rules.
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Senator Lance Eads Unverified 35:21
Thank you, Madam Chair. The subcommittee met on Wednesday, January 15th at that meeting. They reviewed and filed letters submitted by the Department of Corrections, DHS, Oil and Gas Commission, and the Plant Board pursuant to Act 893 of 2019. All rules on the agenda were reviewed and approved. The subcommittee also heard agency updates on delinquent rulemaking under Act 517 of 2019, and I move
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Senator Cecile Bledsoe Chair Unverified 35:52
adoption of this report. all right motion to adopt second all right all those in favor say aye all those opposed all right going down to item E7 Senator Ballinger, I believe you
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Senator Bob Ballinger Unverified 36:27
have that report. Thank you, Madam Chair. The Litigation Reports Oversight Committee met Thursday, January 16th. Room B of MAC Subcommittee reviewed one settlement, Alicia Christopher v. Department of Human Services, and the subcommittee heard public testimony on monk v rogers respectfully i submit the submit by the subcommittee co-chairs respectfully submitted by
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Speaker 72 36:50
the subcommittee co-chairs sorry all
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Senator Cecile Bledsoe Chair Unverified 36:54
right ladies and gentlemen you've heard the motion do i have a second all those in favor say aye all those opposed motion passes all right going down to uh let me Let's see, number eight, Representative Vaughn, we're ready for your report. Okay, you're
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Speaker 13 37:27
recognized. Thank you, Madam Chair.
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Representative DeAnn Vaught Unverified 37:31
The peer subcommittee met on Tuesday, January the 14th. The subcommittee approved one item, an appropriation transfer request for the Department of Health. One approval item was held, which resulted in the request for more information from the Department of Human Services. Item B1, a reallocation of the sources was held. Item G1, a report for the carry forward funds for Senior Citizen Center resulted in a request for more information. representatives are here from those from that agency and can answer more questions if need be and if there are no questions for them i move for the adoption of the report all right questions
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Senator Cecile Bledsoe Chair Unverified 38:17
see none All right, we do have a couple of questions. Representative Love, you are recognized for your question. In the meantime, if the agency would come up to the table, please. Thank
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Representative Fredrick J. Love Unverified 39:10
you, Madam Chair. The motion is to move to adopt the report, but there's an item being held. Are we releasing the hold on that item? I'm just trying to make sure. I think they're going
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Speaker 147 39:22
to answer the questions for the committee. Okay, and once the questions
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Chair Unverified 39:26
are answered, then it will be released? Is that what you're saying? Okay, all right.
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Representative Jeff Wardlaw Unverified 39:31
Representative Wardlaw, you're recognized. Representative Love, if you were here when I had my opening remarks, when we were in Peer subcommittee on Tuesday morning. I was in Peer. This was one of the items where they did not have the data to support the item on the agenda. Okay. And so what my motion was in that subcommittee was those agencies had to come to council and explain those items with data so that we can make an educated decision on those items on those subcommittee agendas.
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Representative Fredrick J. Love Unverified 40:01
Okay, I agree, but I guess my question was a procedural question. If we adopt this report, then are these items still being held? It's more of a procedural,
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Representative Jeff Wardlaw Unverified 40:12
not... I think once explanation of the items has taken place, we can amend that motion to include these items. Okay, all right, thank you. all
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Senator Cecile Bledsoe Chair Unverified 40:29
right mr. white if you would state your name and also the other gentleman
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Speaker 156 40:35
at the table for the record thank you madam chair mark white with DHS Jay Hill aging adult behavior health services with DHS all right you're recognized thank you madam chair there were two items in which we were asked for additional information on the first item was an approval item for a reallocation of resources we're transfer asking to transfer 3.5 million dollars in appropriation unfunded appropriation from the division of developmental disability services to the division of medical services and this is to cover some expenses related to some of the nursing homes that we've taken over in this last year we have additional costs that are going to exceed the appropriation we have for covering those costs for those nursing homes and so we're taking some unfunded appropriation and to move it over we have the funds available in DMS to cover it it's just the appropriation that's lacking and the question that was asked was about the remaining appropriation available within DDS and so I have that was taken from three line items for regular salaries the authorized appropriation is eighty one point four million eighty one point four million dollars we're asking to transfer two million of that which would leave 79 million dollars and then the expenditure expenses from that last fiscal year was 69.9 million dollars for personal service match the appropriation is 32.9 million we're asking to move 500 000 from that and the expenses last year was 28.8 million and then for professional fees and services the appropriation is 5.3 million we're asking to move 1 million from that and the expenses from last year were 233 thousand dollars and i should pause for questions on that item madam chair any questions on
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Senator Cecile Bledsoe Chair Unverified 42:29
this item seeing none go ahead
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Speaker 156 42:35
thank you madam chair the second item was a report there was special language in one of our appropriations bills that directed us to sweep up to five hundred thousand dollars of unobligated general revenue to be used for senior centers around the state and so the special language also directed us to submit a report indicating once we had done so and so that's what the report indicates the question that was asked was about the total funding that is provided to for the use of senior centers statewide for this fiscal year, including that $500,000, we anticipate distributing $29,536,380 to the Area Agency on Aging. The vast majority of that money can be used in senior centers. The amount used in the senior centers will vary from AAA to AAA because they do have some flexibility in how those funds are spent. But the majority of that funding is nutrition funding, which can go towards those meals that are served in those senior centers. that we have to answer any questions
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Senator Cecile Bledsoe Chair Unverified 43:39
do you have any other questions on this item seeing none thank you thank you
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Representative Jeff Wardlaw Unverified 44:03
I'll make a substitute motion to include all items on the
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Senator Cecile Bledsoe Chair Unverified 44:06
report including those two items okay we have the second all those in favor say aye all those opposed motion passes all right ladies and gentlemen item 10 representative Davis you're recognized for your report
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Representative Marsh Davis Unverified 44:28
thank you madam chair review subcommittee met on Tuesday and reviewed revised OSP procurement rules methods of finance grants and service contracts there were two contracts recommended for ratification ADQ's contract with natural state and the DHS contract with BSA select optical. After the meeting the Department of Commerce contacted staff and asked us to remove a contract with UAMS which is on page six item one of your packet and pull that from the report and refer it back to review subcommittee. Madam Chair I move adoption of the report including pulling the Department of Commerce contract with UAMS referring it back to review subcommittee
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Senator Cecile Bledsoe Chair Unverified 45:08
ladies and gentlemen you have heard the motion all those in favor say aye all those opposed all right going down to uh number 14 uh representative Debra Ferguson. We're ready for your report. Thank
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Representative Deborah Ferguson Unverified 45:32
you, Madam Chair. The Arkansas Health Insurance Marketplace Oversight Subcommittee met on Monday, January 6th in room 171 of the state capitol. The subcommittee met jointly with the House, Senate, Public Health, Welfare and Labor Committees to allow the Insurance Commissioner Kerr to only present this report one time instead of having to make his report twice to both committees and the subcommittee. The subcommittee heard the following testimony. Insurance Commissioner Kerr noted that the health insurance marketplace was transferred to the Arkansas Insurance Department on March 15, 2019, and as a result, the expenses of the Arkansas health insurance marketplace dropped dramatically. The commissioner noted that there are four insurance companies offering 28 different plans, which are either gold, silver, or bronze plans on the exchange. He also said that all of these plans are being offered statewide, and the rates are uniform across the regions for all companies. the commissioner further noted that the federal exchange user fee has been reduced from three percent to two point five percent and the arkansas health insurance marketplace exchange user fee of one point two five percent has been eliminated beginning january 1st of 2020 this has resulted in lower premium increases ranging from point five one percent to two 2.89 percent for all policies being offered on the exchange. Enrollment in the exchange stands at 64,601 to begin program year 2020, respectfully submitted by myself and Senator Hammer. I move
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Senator Cecile Bledsoe Chair Unverified 47:19
that we accept this report. All right, ladies and gentlemen, you've heard the motion. Do I have a Second? Okay. All those in favor say aye. All those that are opposed say no. All right. Motion passes. All right. Going to number 15 on your agenda. Senator Missy Irvin,
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Senator Missy Irvin Unverified 47:40
you're recognized for your report. Thank you, Madam Chair. The Occupational Licensing Review Subcommittee met Monday, January 13th to receive reports on occupational authorizations from the Arkansas Motor Vehicle Commission and the Arkansas Professional Bail Bondsman Licensing Board. In addition, the subcommittee discussed recommendations regarding the Arkansas State Board of Acupuncture and Related Techniques, Arkansas Fire Protection Licensing Board, and the Arkansas Department of health radiation control section and with that I would make a motion to adopt this report all right ladies and gentlemen you
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Senator Cecile Bledsoe Chair Unverified 48:15
have heard the motion do I have a second okay all those in favor say aye aye all those opposed motion passes all right ladies and gentlemen we are going to item G and with the exception of G1 and G10 which you will find in your packet I have the copies right here and this one uh none of the others need a motion so we're going to just receive those articles of communication uh going to g1 oh i'm sorry senator bond you're recognized
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Senator Will Bond Unverified 48:54
no i was just going to ask if it was possible on g5 on the uh division of community correction the probation services caseload if we could discuss that or get some clarification as to what our caseloads are if they're here if not we can do it at the next meeting
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Senator Cecile Bledsoe Chair Unverified 49:15
I don't want to hold things up no that's uh that's uh acceptable and we will uh we will go to article I mean uh item five when we finish with uh well I'll tell you what let's go to item five right now I think that would be better we have someone here that would be able to speak to that all right would you state your name for the record please yes ma'am Jerry Bradshaw I'm the
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Speaker 167 49:59
director of the Division of Community Correction. All
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Senator Cecile Bledsoe Chair Unverified 50:03
right Senator Bond you're recognized. Well in the
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Senator Will Bond Unverified 50:06
past legislature we added 30 additional probation officers in an attempt to get caseload down and I've been trying to keep up with if that has been successful. Can you tell us where we are on hiring those new officers and what our average caseload is across the state?
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Speaker 167 50:24
Yes sir our current vacancy and parole officers is that 30 positions are vacant at the moment. That is pretty typical, and the turnover that we have, that's about 6%. The current regular caseload for probation and parole average around the state is 92 offenders to one officer. Is that down? I think
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Senator Will Bond Unverified 50:43
in the past, the averages were running about 120, or is it? That is down, yes, sir. Okay. All right. Thank you. One other follow-up. I thought in the past they had told me that they could get that vacancy down to around 15. Is that out of the question, you know, so we keep our caseloads even less? I
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Speaker 167 51:08
wouldn't say it's out of the question. It's highly unusual. The lowest I've seen it is 19 in my entire career. All right. Thank you. All right. Thank
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Senator Cecile Bledsoe Chair Unverified 51:18
you. All right. Senator Chesterfield, you recognize for a question. Thank you, Madam
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Senator Linda Chesterfield Unverified 51:23
Chair. I'm looking at G1. infant and child death review program. All right, well,
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Senator Cecile Bledsoe Chair Unverified 51:29
we're going to that in just a minute.
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Senator Linda Chesterfield Unverified 51:32
Okay, well, let me ask you something. Are we going to deal with G2? Are there changes that we need
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Senator Cecile Bledsoe Chair Unverified 51:43
to be aware of in this policy because it's here? All right, Mrs. Garrity will speak
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Speaker 175 51:50
to G2. You're dismissed. Thank you. Senator Chesterfield, G2 is a report that's required for member travel to conferences other than that. It's a report we do every month.
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Senator Linda Chesterfield Unverified 52:04
So it's just a report? It's just a report. There's no policy change? No. All
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Senator Cecile Bledsoe Chair Unverified 52:10
right, thank you so much. All right, going back up to item one, G1. Yes.
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Senator Linda Chesterfield Unverified 52:22
Am I recognized for that as well? You are recognized. Thank you, Madam Chair. I am very, very much concerned about the number of deaths of our young people. Have we changed some policies? I guess this would be through DHS or maybe the health department. What are we doing to address
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Senator Cecile Bledsoe Chair Unverified 52:44
this? Okay, thank you for that question. We'd have DHS to come up and state your name for the record. and try to answer the question, please. Also, Senator Chesterfield, the motion here would be to refer this to the Senate Interim Committee on Children and Youth and the House Interim Committee on Aging Children and Youth, Legislative and Military Affairs. That's fine. I
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Senator Linda Chesterfield Unverified 53:18
just wanted to see if I could get some information as to what we are doing to mitigate the number of deaths that we're dealing with. I'm looking at the unintentional, the suicide, the homicide, and the numbers scare me. All right. If you
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Senator Cecile Bledsoe Chair Unverified 53:35
would, state your name for the record, please. Mark White with DHS. Sherry Williamson.
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Speaker 182 53:42
I'm with the Arkansas Commission on Child Abuse, Ripe, and Domestic Violence.
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Speaker 183 53:47
Dawn Porter, Infant and Child Death Review Program
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Speaker 182 53:52
Coordinator. All right. You're recognized. Just for clarification, the report that was submitted was authored by Dawn Porter in the Infant and Child Death Review Program, and there may be some DCFS and DHS data in there, but the information that you have in front of you would probably best be, your questions best be answered by Ms. Porter with the Infant and Child Death Review Program. I
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Senator Linda Chesterfield Unverified 54:14
just need to know if we, I hear what your title is. Are there state actions being taken to help mitigate the number of deaths, be it through homicide, suicide, unintentional, whatever? What are we doing? Because
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Senator Missy Irvin Unverified 54:32
we're losing our children. Yes, ma'am. We have partnerships with organizations around the state, such as American Foundation for Suicide Prevention, to address the risk factors with suicide in our kids. We're providing assist trainings to schools around the state for those teachers and faculty to be able to identify those suicide ideations that may be happening and how to help those students get the help that they need during those times. So during
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Senator Linda Chesterfield Unverified 55:05
our training for our counselors who have the primary responsibility, I know all of us do, but our counselors would take the lead, I suppose, in this. Is that where the training is taking place and meetings, national or state meetings of counselors across the state? No,
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Senator Missy Irvin Unverified 55:24
we're actually providing the training to the school. So we go to the schools around the state.
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Senator Linda Chesterfield Unverified 55:30
So it's the entire faculty being trained? Yes. Okay. Yes, yes, ma'am. That
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Senator Cecile Bledsoe Chair Unverified 55:36
would take care of it. Thank you, Madam Chair. All right, thank you.
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Representative Deborah Ferguson Unverified 55:43
Representative Deborah Ferguson, you're recognized for a question. Thank you, Madam Chair. I know that nationally they've approved a
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Representative Kenneth B. Ferguson Unverified 55:49
new 988 suicide prevention number. Has Arkansas adopted that, and are we doing anything to
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Senator Missy Irvin Unverified 55:55
publicize that, or is that active yet? Yes, ma'am. When we provide suicide resources, prevention resources to agencies, schools around the state, we have the suicide prevention hotline that is given to students and faculty and then organizations. So then they have that resource to call that hotline if they need to
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Representative Kenneth B. Ferguson Unverified 56:17
or even the text line. And it is the
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Representative Deborah Ferguson Unverified 56:22
new 988 number? Yes, ma'am. May I ask a follow-up? Yes. I see that you said suicide is down 23% from firearms. So what is increased? I guess what are the majority of the suicides from?
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Senator Missy Irvin Unverified 56:38
It is still firearm, but we are seeing a decrease in the firearms.
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Representative Kenneth B. Ferguson Unverified 56:43
And an increase in any other area? No, ma'am. Thank you. All right. Representative
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Senator Cecile Bledsoe Chair Unverified 56:50
Wooten, you're recognized for a question. There we go.
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Representative Jim Wooten Unverified 57:04
Thank you, Madam Chairman. Can you share the qualifications of these people that are going into the public schools and sharing about this serious matter? What qualifications are required of that person or that individual are in that professional development class? The representatives for the American Foundation Suicide Prevention, they receive national
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Senator Missy Irvin Unverified 57:38
training through Living Works, and it is an evidence-based curriculum that they're trained on how to provide this assist training to those faculty and so they it's an extensive training that they receive for a week a long week of how to address the suicide risk factors the the statistics that are out there not just nationally but locally and then how to
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Speaker 34 58:08
identify a student that may be in need
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Representative Jim Wooten Unverified 58:13
Can you give me an example of their degreed situation relative to what professional training above and beyond what this outside group is providing to them? What is their qualifications? What have they been to? Are they psychologists? No, sir, they're not.
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Senator Missy Irvin Unverified 58:46
I honestly don't know their qualifications on that. So we
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Representative Jim Wooten Unverified 58:51
don't know the qualification of the people that we're sending into the schools to? it correct me if i'm
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Speaker 182 59:02
wrong here dawn but i believe that the people who are being sent into the schools have been qualified through this national program and we don't know if if i'm understanding your question correctly what requirements the national program has for someone to apply to be a trainer is that correct what you're because we can get that information
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Speaker 206 59:24
for you but we don't have it what i
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Representative Jim Wooten Unverified 59:29
want to know are these people qualified i mean do they do they know the nitty-gritty i mean this is a serious situation and i you know just to send someone that's been uh qualified by a national foundation that we probably don't know much about them i mean are these are these folks uh teaching our teachers and administrators how to really cope with and deal with this situation. You know, it's one thing to go in there for a two-hour professional development and another thing to go in there and tell someone how to keep a child from taking a gun or some other method in taking their life. And I'm not seeing any drastic changes or movements downward in the numbers relative to
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Speaker 182 1:00:17
that. And I will tell you, Representative Wooten, how much I appreciate your genuine concern about this issue. As a parent who adopted older children from foster care and as a parent who has literally been called to their child's school because their child was suicidal and needed immediate assistance, I'm happy to check with the national agency to find out what exactly their requirements are for their trainers. the the bit of information that I have I can tell you that I feel like they're certainly more qualified than getting no training which is what was happening before as scary as that was but I I will find out personally for you and get that information to you and I genuinely appreciate your concern about this
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Representative Jim Wooten Unverified 1:01:06
issue I'll share an incident with you in the past two weeks an eight-year-old in a classroom so I'm just gonna kill myself now where is that coming from is that coming from that home is it coming from contact with the other students but the problem is we can't afford not to overlook it I don't I don't think from my what I've what I have followed up with it in in information on that I don't think he really perhaps was intentional in what he was saying but but still an eight-year-old child threatens to take his life because he's being in this situation bullied so I mean if this is a and I know you know it's a serious matter but we need to be sure that the people are qualified that are going in there thank you thank you madam and also
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Senator Cecile Bledsoe Chair Unverified 1:02:09
as we refer this to excuse me as we refer this to the Senate Interim Committee on Children and Youth and also the House Interim Committee remember the questions that you've had so that you'll be able to address them then all right next is representative Bentley thank you chairman I'm looking
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Representative Mary Bentley Unverified 1:02:30
on page 22 where we had the report about about SIDS and we've seen a great decrease in the numbers from 16 to 17. Can you address what we're doing and what we need to
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Representative Jim Wooten Unverified 1:02:43
continue to do to decrease that number? The decrease that you're
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Senator Missy Irvin Unverified 1:02:49
seeing there is as a result of we're having a better thorough sudden unexplained infant death investigations and so now our undetermined deaths are being declared asphyxiation and so that is one reason why our undetermined deaths had had a decrease. Also we have partnership with organizations around the state to promote safe sleep to our new and expected parents and that has also been helping with the numbers. Thank you. All
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Senator Cecile Bledsoe Chair Unverified 1:03:24
right. Senator Elliott, you're recognized for a question. I'm not, there
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Senator Joyce Elliott Unverified 1:03:35
we go. Just a follow-up to the last response when you said you were declaring undetermined deaths as an asphyxiation. So there must be a series of things you have ruled out that that is the only logical thing left because that kind of
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Senator Missy Irvin Unverified 1:03:54
caught my attention. Yes, ma'am. So when a sudden unexplained infant death investigation occurs, a coroner or a law enforcement officer will go in the home and do what's called a doll reenactment with the parents and the doll reenactment is where they take a a stuffed doll that doesn't have a face on it and they ask the parents to show the investigator where they placed their baby last and if they were laying with their baby how they were laying with their baby and they take photographs how they found their baby and then they take photographs of that and then those photographs along with a SUTI investigation report form that's completed at that time with those parents is sent to the crime lab to the medical examiner's office and so they take all those investigation pieces and review that to be able to determine if asphyxiation was
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Speaker 186 1:04:47
what had caused the death of this infant.
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Senator Joyce Elliott Unverified 1:04:52
And I'm just assuming so when asphyxiations take place with the parent and the child in the same bed, do we have any protocols or do we have anything that would help address is there a way to do that and not probably lead to asphyxiation that we can share with parents because I can't assume that every parent just has another bed. In other words if we were going to do something about that what would
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Senator Cecile Bledsoe Chair Unverified 1:05:31
it be do you think? Well we do provide just a minute excuse me just a minute let's be a little bit quieter it started it's starting to get noisy behind us so
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Senator Missy Irvin Unverified 1:05:44
let's be a little quieter. Thank you continue please. We provide safe sleep education to new moms at the Injury Prevention Center with our infant mortality specialist, Lisa Payne. They get safe sleep education, and during that education, they complete a survey, and Lisa is able to determine from the parent if they need a safe place to place their baby, so if they don't have a pack-and-play or a crib, and then they are given one based on their need. And the education of... They're given a crib based
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Speaker 225 1:06:15
on their need. Pack and play. Okay. I don't know what a pack and play is. A cribette. A bit of wine. Yes. Okay. So they're educated
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Senator Missy Irvin Unverified 1:06:24
on not putting anything in that pack and play with that infant. We also have our birthing hospitals around the state that are providing safe sleep education before parents are discharged from the hospital after birth of baby. So they are getting the education on putting their baby alone on their back in their crib. We have safe sleep satellite sites around the state of Arkansas that provide safe sleep education to the needs of the community. And then we have our local teams that, you know, our DCFS workers and CACD workers will go into the homes and provide safe sleep education if they see that there's a need in the home, a parent with an infant that doesn't have a pack and play or a crib at.
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Senator Joyce Elliott Unverified 1:07:05
And just one last question. Do you have any data by income of where most asphyxiations take place by income? I do not. Is it possible to get that? Do we? That's a good question. I'm not
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Speaker 182 1:07:21
sure if it's possible to get that or not. It's something that we can check into to find out if there's another state that does that, that because we always want to try to be sure not to re-traumatize the families by asking them any more than we have to. Sure, I understand that, yeah. But we could
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Senator Joyce Elliott Unverified 1:07:44
check and see what other states are doing. It's just a suspicion about it. Absolutely. No, I'm with you. I'm following you. I'm following you. If you have the funds to do better,
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Senator Cecile Bledsoe Chair Unverified 1:07:53
you probably do. Okay, thank you, and thank you, Madam Chair, but I appreciate that. All right, thank you. One last question, and then we're going to go ahead and send this on, and if you have other things that you're concerned about you could meet with the committee on children and youth all right representative Ferguson you're recognized yeah and maybe
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Representative Deborah Ferguson Unverified 1:08:10
I need to go to that committee meeting is there any graph that correlates preemie births with SIDS are you looking at no ma'am I don't have one I
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Senator Missy Irvin Unverified 1:08:20
know that when we do our case reviews we do look at if if the infant was premature but we don't have any I don't I don't generate data on that but I can certainly look look at that yeah I know there
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Representative Kenneth B. Ferguson Unverified 1:08:35
is some correlation between premature births and
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Representative Deborah Ferguson Unverified 1:08:38
SIDS in in reference to Senator Elliott's question maybe instead of asking the question we could look at how the claims are paid medically we could see if they're on our kids that might give us some economic indicators thank I'll go to the committee
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Senator Cecile Bledsoe Chair Unverified 1:08:55
thank you all right ladies and gentlemen I need a motion to refer to refer the report to the Senate Interim Committee on Children and Youth and the House Interim Committee on Aging Children Youth Legislative and Military Affairs do I have a motion motion to have a second okay all those in favor say aye all those opposed motion passes and it will be referred. All right, going to G10. G10A. All right, do I have any questions? All right, seeing no questions, do I have, okay, I have a motion to approve and a second. All those in favor say aye all those opposed all right motion carries all right down to new business we have item i and uh uh senator urban would you like to go down to the table she's on her way to the table I believe she is
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Speaker 234 1:10:12
and then yeah all right you're
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Senator Missy Irvin Unverified 1:10:45
recognized thank you madam chair and members i have before you interim resolution requesting that the arkansas legislative council encourage the united states senate to exercise its full constitutional authority as quickly as possible regarding the impeachment process of president donald j trump and it condemns the actions of some of the members of the united states house of representatives for passing and holding the articles of impeachment against the president. I can answer questions, but I would also appreciate a good vote. The reason I'm filing this is because it's important for those chambers to do their work and do it effectively and efficiently, and they need to get back to work. And I think when they do that, it benefits us here in the state capitals so that we can do our work. Enough is enough, and I think it's time for us to move on with this matter at hand because our country is suffering as a result of the many weeks of delay and the lack of focus on the issues that we really need to be addressing to help the citizens of our country and our state. All right, thank you.
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Senator Cecile Bledsoe Chair Unverified 1:11:56
Questions from the committee? Representative Richmond, you're recognized. thank you madam chair I have a motion at the
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Representative Marcus E. Richmond Unverified 1:12:04
proper time all right let me see
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Senator Cecile Bledsoe Chair Unverified 1:12:08
if we have a question and then we'll come back to your motion senator Chesterfield you recognize for question thank
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Senator Linda Chesterfield Unverified 1:12:16
you madam chair senator you said that it's time for them to get back to work article one makes this a part of their work. The House has already acted. The Senate has already scheduled its hearings for next week. So what part of that process are you unhappy with? The members who represent, represent not us, but the state of Arkansas voted unanimously against impeachment. There are voices at the federal level. They did their job. They said no. Now I'm pretty sure that the people representatives at the federal level in the Senate are going to say no. Are you
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Senator Missy Irvin Unverified 1:13:01
unhappy with what they've done? No, in fact if you read the resolution it commends the four congressmen for voting against the articles of impeachment and encourages our two senators to continue to their position that they've stated publicly on that. What I'm unhappy with is the fact that the House of Representatives passed these articles of impeachment and then waited four weeks before transmitting them to the Senate and the reason why they did that was to try to use that for leverage to dictate the terms of the rules and the processes of impeachment. I'm going to finish. Of impeachment to the Senate. And you know as well as I do that there's not any state capitol across this country where the House would put up with the Senate dictating their rules or their processes. Likewise, the Senate, we would not respect the House for dictating the rules or our processes and that way we operate. And so that is really what I became very frustrated with as well as so many people in our state and the people I represent. They are frustrated with the games that are being played and it was time and I filed this last Friday before noon as was the deadline for this to be considered today. And at that time none of that had occurred. They had not transmitted these articles to the Senate. They were trying to continue to dictate the rules and the processes of impeachment in the Senate. I think that was inappropriate, and I think it was wrong. And so I do believe that this is an appropriate resolution. It is appropriate for us to be able to speak out on what is happening. And so that is why we filed this resolution, and I would appreciate consideration for it to be passed. Now that you've
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Speaker 243 1:14:42
said all of that, the articles are
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Senator Linda Chesterfield Unverified 1:14:47
there, which almost makes what you're saying moot because the articles are there. Mitch McConnell has not ever been dictated to by anybody and certainly does not need this body to come to his defense. He's been the leader for some time and nobody tells Mitch what to do and nobody tells Nancy what to do. And if we pass this, it's not going to change anything because we have a hearing taking place next week. I guess that's what's concerning me is if we were not having a, well, even if we were, we have elected six people to represent us at the national level. Well, let me say the people of Arkansas have because I didn't vote for any of them. The people of Arkansas have elected six people, and they have represented what you're saying very well. The two senators will represent what you're saying very well, and yet you're asking us to interfere in what their role is, which is to, you told me. That's correct. all right now you know we we eat barbecue together let's let's be cool i know we do all right so to me it would be like them sending us a resolution telling us what we ought to be doing and i would resent it if they did but these guys have represented your perspective i think in a wonderful way if that's your perspective it's not mine but it's yours and these folks who are in the Senate are going to be doing the same thing. They're not going to vote to remove the president any more than the four congressmen voted to impeach him. But impeachment is a part of the responsibility or the power that's given to the House of Representatives. They've done it. There's nothing in the Constitution that says how long you can hold it at all. The Speaker decided she'd hold it as long as she wanted to, whether you consider it appropriate or not. That's what she did. it was marched over yesterday, you got a hearing starting Tuesday, why do we still need this resolution? I guess I don't get it because I would resent federal telling me what to do, just like so many of us do every time the federal government tries to dictate something to us. We get all messed up about Amendment 10 to the Constitution. Those powers not granted to the federal government that are denied to the states belong to the states. Now here we are asking this council to say even though we don't want you telling us what to do we're gonna tell you what to do. That's my concern. Thank you for taking my
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Senator Missy Irvin Unverified 1:17:42
question. Thank you Senator Chesterfield for expressing your concern. I think all voices matter how no matter how big or how small you are and I think this resolution for me represents the people out here that are really frustrated with what they're seeing. And I think this resolution gives us an opportunity to say we hear you. We hear your voices. We understand your frustration. And so I do think it's an important statement for us to send on behalf of the folks that we represent in our state. They have made it very clear who they support, as you so well pointed out, who they represent and who they voted for for president and for Congress and for Senate. I do appreciate your position though Senator Chesterfield I
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Senator Cecile Bledsoe Chair Unverified 1:18:26
hope we have barbecue soon all right representative Richmond you're recognized for a question oh
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Representative Marcus E. Richmond Unverified 1:18:40
sorry there you thank you okay actually madam chair I'm still waiting to make a motion at the proper time what's your motion madam chair I move that interim resolution 2019-004 upon adoption by the legislative council be considered adopted with the inclusion of the names of any house or senate members wishing to co-sponsor the interim resolution and as provided to director guarantee by the end of this
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Senator Cecile Bledsoe Chair Unverified 1:19:11
meeting all right ladies and gentlemen that's a proper motion have a second all right oh and we have a motion and a second all those in favor say aye all those opposed all right motion passes
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Senator Missy Irvin Unverified 1:19:30
thank you madam chair thank you members of
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Senator Cecile Bledsoe Chair Unverified 1:19:35
the committee all right now that was not for adoption of the resolution that was just for his motion all right representative Wooten you are recognized thank you
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Representative Jim Wooten Unverified 1:19:52
madam chairman I have a question and then a statement has this impeachment discussion gone on for three and a half years I I believe so, sir, yes. Thank you. I want to share something with you. Let the man do his job. He was elected, and all this impeachment stuff has been a tremendous distraction. It's a miracle that it has not impacted our economy and our economic condition. We won the election. You need to accept that and need to understand that this man is doing a good job. Now, some of the conversations he had, you can take them and make anything out of them that you won't. But I guarantee you the two articles that were sent over there are a hoax. we've got a situation in our nation today in the middle east that we need to deal with and we've got problems internally and all of this is a distraction and i 100 support this and you better bet those six that went up there from arkansas they voted the conscience of the people of this state 84 percent of the people in my county voted for Donald Trump that's 84 percent you think I'm not going to represent them when it comes to something like this document
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Senator Cecile Bledsoe Chair Unverified 1:21:40
thank you madam chairman all right thank you. Senator Clark,
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Speaker 55 1:21:53
you're recognized. I think we lost
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Senator Alan Clark Unverified 1:21:55
you. Thank you, Madam Chair. Senator Irvin, I think that Senator Chesterfield used the right word, resent. You said frustrated, that the people of Arkansas are frustrated, and she said that Congress would resent. I think the people of Arkansas resent, so we don't really care if Congress resents, do we?
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Senator Missy Irvin Unverified 1:22:31
Senator Clark, I appreciate your questions. I think what I am trying to make this statement is there are so many issues that we have to deal with. Let me give you an example. Arkansas passed landmark legislation on prescription drug pricing and pharmacy benefit managers. A lot of people in this body voted for that piece of legislation. That's now going to be heard at the level of the United States Supreme Court. That's an issue that Arkansas led on, but the federal government hasn't acted on it. They're too busy fighting with one another. There are so many other issues that we could direct towards that. Premiums are rising for insurance premiums. People's deductibles are rising. That's an issue that impacts every single one of us in all the different states across the country. And so I resent the fact that they're not focused on those issues and that the states, we are working to do our very best to stabilize markets and to do those different things that we're trying to do and put in good policy. Another example, the tax cut bill that was passed at the federal level had real implications at the work that was being done in every state capitol, including this state capitol. I'm thankful that they did that work at the federal level because look at the impact that it made here in Arkansas. These two are in tandem, and we work well whenever they're working well, we work well. When they're not working well, it becomes more difficult for us. And that is so very clear, and we all know that because we have struggled with the Affordable Care Act. We have struggled with the way that bill was written and the impact that it had on Arkansas. I think we, no matter how you feel about those issues, what people try to do here with policy, we try to make lemonade out of lemons. Well, no, I resent that. I want them to work as they are supposed to work, as thoughtful policymakers focused on the issues at hand and including national security issues, which we know is so important right now with what has happened with us recently in the Middle East. And those things are outlined in this resolution about the different issues that are so important they need to figure out on the federal level so that we can have some consistency and do our work at the state level. It shouldn't have to be every state working as hard as they can on these different issues. Yes, there's separation of powers. Yes, I'm a huge supporter of the Tenth Amendment. But you have to admit that policy at the federal level directly affects us at the state level. You know that. We know that. And so when they are focusing on doing good work at the federal level, it helps us do good work here. And so let's get on with it. Enough is enough. It is time to move past that, and yes, it's frustrating, and yes, I do resent the lack of focus. I do resent the unthoughtfulness that's occurring. I do resent the political gains that are playing because when that happens, it really disturbs our country. And to Representative Wooten's point, it is a miracle that the economy is surging, That job creation is at an all-time high, that unemployment is at an all-time low, that our stock market has hit record after record after record, that these trade deals are being renegotiated to the benefit of so many hardworking, middle-class people. Those are wonderful things, and there is so much work that can be done and should be done. President Bill Clinton balanced the budget at the federal level. that's amazing let President Trump do that let's work and let's get this country rolling harder than it already is thank you for your
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Senator Cecile Bledsoe Chair Unverified 1:26:45
question alright we are going to hear from Senator Bond then next will be Senator Hester you're recognized okay you're passing alright Senator Hester you're recognized I make a
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Speaker 252 1:26:57
motion for meeting consideration alright
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Senator Cecile Bledsoe Chair Unverified 1:27:00
We have a motion, and it's a proper motion, and a second. All those in favor, say aye. Aye. All those opposed. No. All right, motion passes. All right, ladies and gentlemen, I need a motion for adoption. Have a second. All right, all those in favor, say aye. Aye. All those opposed. No. All right, motion passes. Thank you very much. Now, ladies and gentlemen, we are going to the last item, and I am going to call on Senator Ballinger. This is something that you have been dealing with. It's item J, and it's a carryover from another meeting. So I'm going to
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Senator Bob Ballinger Unverified 1:27:49
recognize you. Thank you, Madam Chair. so this issue on the the bail bonds licensing um regulations were okay so let me let me read the motion then i can um then we can talk to the motion i move that we adopt the report of the administrative rules subcommittee on december 20th from december 20th 2019 with regard to rule and regulation two with regard to rule and regulation one i move that these rules not be renewed effective or be yeah not be
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Speaker 71 1:28:19
removed effective 180 days from today's date sorry all right ladies and gentlemen
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Senator Cecile Bledsoe Chair Unverified 1:28:26
you have heard the motion although uh do i have a second or i have a question all right uh senator elliott you're recognized madam chair i was just trying
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Senator Joyce Elliott Unverified 1:28:41
to find what we're talking about um could i just get a quick synopsis of what we're about to but I mean, what's the effect of
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Speaker 253 1:28:50
what we're doing? Madam Chair, I sure don't
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Senator Cecile Bledsoe Chair Unverified 1:28:53
mind explaining this. It's item J. Item J, okay. Yes, and Senator Ballinger, if you would explain it,
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Senator Bob Ballinger Unverified 1:28:59
please. Okay, thank you. Okay, so last session, or maybe it was session four anyway, we passed a bill, an act, that essentially makes it where the rules from agencies sunset. So it was divided, I think, in four parts. the first part went through and actually went through last last meeting without any real issues so essentially none of the rules sunset and and we adopted well a group of us started looking at some of the rules and because my experience with the bail bond association i started looking at at these rules and i had some concerns so we held it over until this meeting so essentially there are two rules um big big rules but but you know only two rules that were adopted one set didn't have any issues in it but the set that is actually rule regulation one and item j did have we had some concerns so essentially i'll just give you an example um that there was one section in section 11 that points to a code section that no longer exists so it it states as its statutory statutory authority to implement this rule is a code section that was repealed in 2011 11 so those type of rules is exactly why we put the sunset in and so essentially if we now what we're doing is we're saying we're not going to sunset this rule right now because there's some some things we have no problem with at all we're going to give them 180 days in order to to promulgate rules to do things like take section 11 out all together that that references or find some other statutory authority for it. And there are some other sections that I also have some concerns about that I think exceeds the scope of their statutory authority. And so all I will do is just give them an opportunity to make the rules in conformity to the statutory authority or be able to explain how they believe that the rules do fit into statutory authority. So there will be no change for 180 days. This rule one will sunset in 180 days if
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Speaker 257 1:30:57
they don't actually go promulgate new rules and fix it. if that makes sense i'm happy to answer any questions yeah
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Senator Joyce Elliott Unverified 1:31:03
i i think it i think i understand it but but if there are people out there who have um questions uh i'm talking about constituents and so forth have questions in the meantime if there's something they need us to know somebody they want us to consider the status quo will remain and they have time to do that to talk to us if they need to that is correct okay
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Senator Cecile Bledsoe Chair Unverified 1:31:26
thank you thank you madam chair all right uh ladies and gentlemen you have heard the motion uh do i have a second okay all in favor say aye all opposed motion passes and i'm going to recognize uh senator bill sample for a
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Senator Bill Sample Unverified 1:31:45
motion madam chair uh seeing that it's 10 30 rather than 12 i would like i'll make a motion executive committee committee make five minutes upon adjournment all right that's
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Senator Cecile Bledsoe Chair Unverified 1:31:57
proper motion all those in i'm sorry do i have a second all right all those in favor say aye all those opposed all right motion passes in five minutes we will meet in uh the next room b we are adjourned
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Unknown speaker 1:32:27
You
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Agenda

A. Call to Order

2:50

B. Roll Call.

4:28

C. Approval of the Minutes of the Last Meeting, December 20, 2019.

5:06

D. Report of the Executive Subcommittee — Rep. Jeff Wardlaw, Sen. Cecile Bledsoe, Co-Chairs.

5:26

E. Reports of Standing Subcommittees:

35:32

F. Reports of Interim or Special Committees:

G. Review of Communications:

48:33

H. New Business:

I. New Interim Study Proposals and/or Interim Resolutions:

1:09:35

J. Business Carried Over:

1:27:44

K. Adjournment.

1:32:22

Documents

TitleTypePagesSource
Agenda — ARKANSAS LEGISLATIVE COUNCIL (ALC), Jan 17, 2020 Agenda 3 Official source ↗
Exhibit C - Minutes of December 20, 2019 Exhibit 9 Official source ↗
Exhibit D - Executive Report Exhibit 2 Official source ↗
Exhibit E.01 - Administrative Rules report January 2020 Exhibit 29 needs OCR Official source ↗
Exhibit E.07 - Report to ALC - Litigation Reports Oversight January 2020 Exhibit 1 Official source ↗
Exhibit E.08 - ALC-PEER Report January 17, 2020 Exhibit 3 Official source ↗
Exhibit E.10 - ALC Review Report 1-20 Exhibit 16 Official source ↗
Exhibit E.14 - AR Health Insurance Marketplace Oversight 01-06-20 Exhibit 1 needs OCR Official source ↗
Exhibit E.15 - OLR Report to ALC - January 2020 Exhibit 1 Official source ↗
Exhibit G.01 - ICDR Annual Report 2019 Exhibit 44 Official source ↗
Exhibit G.02 - Travel Report - 01-17-20 Exhibit 2 Official source ↗
Exhibit G.03(a) - Dept of Agri Local Food Farms and Jobs Act 2019 Annual Report Exhibit 30 Official source ↗
Exhibit G.03(b) - DOA-AFC December 2019 report complete Exhibit 11 needs OCR Official source ↗
Exhibit G.04 -Dept of Commerce - Arkansas State Broadband Manager Report _ Final Exhibit 51 Official source ↗
Exhibit G.05(a) - DOC-APB December 2019 Exhibit 42 Official source ↗
Exhibit G.05(b) - DOC-DCC Parole and Probation report as of 01-02-2020 Exhibit 6 needs OCR Official source ↗
Exhibit G.05(c) - DOC-ADC Statewide Population report as of 01-06-2020 Exhibit 2 Official source ↗
Exhibit G.06 - DFA December 2019 General Revenue Report Exhibit 5 needs OCR Official source ↗
Exhibit G.07(a) - DHS-DCFS Sensitive Exhibit 2 needs OCR Official source ↗
Exhibit G.07(b) - DHS-DMS Inpatient Psych Mcaid Placements Oct, Nov, Dec 2019 Exhibit 7 Official source ↗
Exhibit G.08 - CZDC Activity Report - December 2019 Exhibit 3 Official source ↗
Exhibit G.09 - DPS-ASP Health Plan report-December 2019 Exhibit 3 Official source ↗
Exhibit G.10(a) - DTSS-DBA-ASP Request of Real property Sale Exhibit 5 needs OCR Official source ↗
Exhibit G.10(b) - DBA December 2019 Exhibit 22 needs OCR Official source ↗
Exhibit G.10(c) - DBA Oct-December 2019 Exhibit 7 needs OCR Official source ↗
Exhibit G.11 - TOS Semi Annual Report ending December 31, 2019 Exhibit 2 needs OCR Official source ↗
Exhibit I.01 - Interim Resolution - Senator Missy Irvin - IR-2019-004 Exhibit 6 Official source ↗
Exhibit J - Professional Bail Bondsman Licensing Board Exhibit 23 needs OCR Official source ↗

Speakers

Senator Cecile Bledsoe Chair Unverified
125 segments
Representative Jeff Wardlaw Unverified
11 segments
Representative Fredrick J. Love Unverified
4 segments
Speaker 35
3 segments
Speaker 36
1 segment
Speaker 38
1 segment
Speaker 42
1 segment
Speaker 47
3 segments
Representative Jim Wooten Unverified
17 segments
Representative Charlene Fite Unverified
3 segments
Speaker 63
1 segment
Speaker 67
1 segment
Senator Bob Ballinger Unverified
20 segments
Speaker 71
3 segments
Representative Jim Dotson Chair Unverified
9 segments
Representative Dan M. Douglas Unverified
3 segments
Senator Jimmy Hickey, Jr Unverified
2 segments
Speaker 26
1 segment
Speaker 104
11 segments
Speaker 110
1 segment
Speaker 115
1 segment
Speaker 117
1 segment
Speaker 90
1 segment
Speaker 128
1 segment
Senator Lance Eads Unverified
1 segment
Speaker 72
1 segment
Speaker 13
1 segment
Representative DeAnn Vaught Unverified
2 segments
Speaker 147
1 segment
Chair Unverified
1 segment
Speaker 156
7 segments
Representative Marsh Davis Unverified
2 segments
Representative Deborah Ferguson Unverified
9 segments
Senator Missy Irvin Unverified
40 segments
Senator Will Bond Unverified
5 segments
Speaker 167
4 segments
Senator Linda Chesterfield Unverified
21 segments
Speaker 175
1 segment
Speaker 182
9 segments
Speaker 183
1 segment
Representative Kenneth B. Ferguson Unverified
4 segments
Speaker 34
1 segment
Speaker 206
1 segment
Representative Mary Bentley Unverified
2 segments
Senator Joyce Elliott Unverified
12 segments
Speaker 186
1 segment
Speaker 225
1 segment
Speaker 234
1 segment
Representative Marcus E. Richmond Unverified
4 segments
Speaker 243
1 segment
Speaker 55
1 segment
Senator Alan Clark Unverified
2 segments
Speaker 252
1 segment
Speaker 253
1 segment
Speaker 257
1 segment
Senator Bill Sample Unverified
1 segment