Arkansas Legislative Council (ALC)

Committee let us take our seats. Chair sees a quorum. I need a motion to adopt the minutes from August twenty first have a motion to have a second all right all those in favor say aye. All those opposed. All right motion passes. Ugh going down to item D. we are going to have a presentation of the August twenty twenty revenue report Mister Richard Wilson. State your name for the record. A Richard Wilson thank you madam chair members. the August. Mostly written report. Reflects that after only two months we are three hundred six million dollars above the previous two months year. Twenty nine point six percent growth rate. And on a net basis two hundred thirty nine point six million dollars ahead of the same two months last year the growth rate there twenty six point three. Percent. Turning page to the graph you can see were ninety three point seven million dollars ahead of the official forecast after two months. And after two months gross receipts. up ten percent and total income taxes of fifty two percent strictly because of the shift in the. Deadline FOR tax payments that'll be good take any questions on any questions from the committee. Seeing none. El all right. A represented paid you're recognized for a question thank you madam chair of do you have a way of kind of separating this is we know how much of that ahead of that ninety one million ahead of forecast is a result of the income tax increase of fifty two percent and how much of it is the result of the ten percent increase in sales tax. That can be done of what one thing we have done is take the five month period between March and July and then we. This last week ended August and compare that. income for gross receipts in income taxes compare that to the previous two years. And so for the six month period up to date right now. The it is below fiscal year. Twenty levels but ahead of fiscal year nineteen level so. The pandemic induced recession is here but is it sure isn't severe in the Arkansas numbers for revenue. So we're doubt about ninety million from last year over that six month period. When you think about a six billion dollar skews me that's combined yes okay thank you. Yes. When you think about a six billion dollar net that's only one point five percent. So. There's a lot of stimulus out there that's that's winning and. The without further action. Congress will see these numbers decline a bit. Thank you thank you madam chair and any other questions. Seeing none thank you so much for that report thank you. All right we're going to have a report from the executive subcommittee Representative portal thank you madam chair the executive subcommittee met on August thirty first the reviewed and approved the Arkansas real connect corona viruses emergency rule for the department of commerce we also met and adopted a quite a few recommendations one was Add in practical last to this room for all the seats for the October budget hearings other was authorizing mileage and per diem for members elect after the general sent the election the other was authorizing the purchase an instant the installation of the pricing last for the for the room hardy mention that. September seventeenth the executive subcommittee met again and we heard a rule one twenty one of from the Arkansas insurance department in my motion will be sending that rule back to the executive subcommittee. The other items that were approved for Drake feet access from committee room a to be. The other one was re doing are fixing audio visual and streaming equipment for committee room from the regular session on on the fourth floor of big mac the other was replacing all the audio visual systems in room A and B. and with that madam chair I make a motion for approval our adoption with the exception of rule one one twenty one being sent back. All right thank you the motion all those in favor just a minute we make we have some questions Representative Sullivan. all right so. Okay. In the center within a senator Irvin you're recognized for a question at thank you I was just curious as to when executive subcommittee might meet again because of budget hearings or how that's gonna work we could fit to call the chairs we meet anytime between now and the end of October okay thank you thank you all right to senator Chesterfield. Explain in the motion for the October yes the we. I'm sorry okay Do the budget schedule all ale see subcommittees will be meeting will come to a see that meaning that rules. Review claims anything that has a major issue will come straight to council on October because of the budget hearings we did allow for the highway subcommittee of occupational license subcommittee and the data sharing subcommittee to meet because they have reports to to get done. Thank you thank you I'd skip that one I think. All right up there to motion on the floor to adopt. The. Okay we have a second all those in favor say aye. All those opposed say no. Motion passes. Going on down to the reports of the standing said committees with cabinet minister right of rules and that is Representative Dan Sullivan you're recognized thank you madam chair the subcommittee met on Wednesday September sixteenth subcommittee adopted the report of the executive subcommittee concerning its approval of an emergency rule subcommittee reviewed and filed the quarterly reports that were submitted by the department of corrections and the parole board in accordance with ACT twelve fifty eight of twenty fifteen the medical board's rule forty six for for for to public health all other rules were reviewed and approved including four rules with changes agreed upon by the agency during discussion at the subcommittee meeting those are noted in the report and such changes were submitted to the membership of the subcommittee the subcommittee also reviewed and filed letters concerning agency updates on delinquent rulemaking under ACT five seventeen of twenty nineteen I moved adoption of this report alright ladies and gentleman in the motion all those in favor say aye all those opposed. Motion passes going down to item three claims. Okay it. Senator Irvin you can have that report all right. Thank you madam chair service vice chair of claims review subcommittee of the claims review subcommittee met on Thursday September seventeenth twenty twenty the subcommittee affirm the release of the claims commission as to to unpaid bills to awarded claims one negotiated settlement and eight denied and dismissed dismissed claims appeal by the claimant's I move adoption of this report all right motion to adopt all those in favor say aye I'm sorry motion you make the motion all those second that I get a second all right all those in favor say aye aye those opposed motion passes going on down to item eight we have the peer review committee of Representative D. involved you're recognized thank you madam chair the peer subcommittee met on Tuesday September the fifteenth the subcommittee approved request for shared service appropriation various temporary appropriation cares appropriation and a rainy day fund transfer the subcommittee reviewed several other items and there's and received monthly reports one of the reviewed items was a request for pay plan appropriation for the court of appeals this is Adam E. one in your peer packet report. During discussion the subcommittee approved to have the court of appeals work with DFA to submit an additional requests to a L. C. for consideration today the motion is E. one a in the peer report. As I understand the additional request will be presented after the adoption of the pier report at this time I move that for the adoption of the report ninety heard the motion all those in favor second all those in favor say aye. All those opposed motion passes. The additional request from the court of appeals is attached to the pier report I representatives from the court of appeals are here today to to report to present the request all right if they would come forward please and identify themselves for the record. When in the. Madam chair. Madam chair. That just for a reference to those that were not it peer there was a three month period in which they were not being caught up on pay and by law they should be the same as the Supreme Court just for reference thank you madam chair to this is a question apparently. So you're recognized yes ma'am my name is Rita Gruber I'm the chief judge of the Arkansas court of appeals and and this is hi yes I'm sorry go ahead I'm and Solomon I'm chief staff attorney at Arkansas court of appeals can you recognize for report out yes ma'am Medicare I believe that all the information it can you put skis beef in writing can you pull your microphone or that would put that may help sorry I don't have a soft voice and I apologize I think all the information is and the request that we made out we were here on Tuesday and after we Discussed the initial request has been approved today out I believe was Senator Hickey I asked about the retroactive part of it and we had not added that to our request initially so we went back and work with the F. and A and we were able to come up with the figures that are in the request which is an additional increase of a hundred fifty five thousand nine sixty nine twenty four rather salaries four this almost three month period and then the personnel matching appropriation go along with it and again as Representative I indicated this this is part of the statute that they are supposed to be parity between the law clerks of the Arkansas court appeals and the Supreme Court. All right thank you we have the question of senator Elliott you're recognized for a question I thank you madam chair since I'm not part of that committee that reviewed this could you just give me just a quick house an officer how would happen that we fell out of compliance so the bill at least no one four would have not to do that again. I'll try to answer was difficult well wait we actually found out And actually and let me just let and tell you how okay. I think it because it by a constructive one forward absolutely senator Elliott and early this year and around January twenty twenty we realized by the transparency website that the Supreme Court had awarded races to its law clerks and that was the first that we knew of it so at that point we began going forward to try to achieve parity we initially tried in the spring during the fiscal session of course the financial outlook was pretty Graham at that point and so we agreed to a request being tabled hi and we've brought it back now that things have improved. That's good enough I understand that thank you very much yeah. Representative Johnson you're recognized for a question. Thank you madam chair Over to your right. They are I'm sorry so I guess the question I have is I'm unfamiliar with that Zack's working in the statute but is it said parity between law Kirk Clark's is that to where the law clerks have to make the exact same wage on both or is it they're in the same grade level. Is how do you handle that if there's a a brand new law Clerk that. Walks in the door day one in there somebody that's been there for twenty years do they make this axing wage because there's parity that's incorrect the statute is Arkansas code annotated sixteen twelve one no eight and there's two sections that are particularly relevant section F. one says law clerks for the court of appeals and the Supreme Court shall receive the same salaries the immediate subsection after that F. two says all other employees of the court of appeals and the Supreme Court performing the same duties shall make the same grades so this the statute itself anticipates that. The same salary should be awarded now I understand your point and it and we are not seeking to do that we're not seeking to happen and starting salary law Clerk make the same as a law Clerk with twenty years experience they're within the supreme court's pay scale there are variations based on experience with and that's what we seek to achieve to that a starting salary law Clerk at our court will make with a starting salary law Clerk makes at the Supreme Court and but by way of explanation right now all our most senior law Clerk who has thirty years experience makes less than a starting salary law Clerk at the Supreme Court you might not even have a law license. Okay not answer your question yeah and you may not and no the answer this but Hey Howard the additional raises. Arrived at for the Supreme Court law clerks verses I mean you're trying to achieve parity here I I understand that but I don't know if anybody here today and knows the answer to that question they just. Given raises because they wanted to. I I cannot answer that one hundred percent but what I understand from my discussions is that the Supreme Court looked at what top attorneys were making at various state agencies as well as what law clerks for appellate courts were making and the surrounding states to Arkansas now again that I was not privy to the conversations for the Supreme Court awarded those races but that's my understanding after the fact okay thank you. All right the. Senator hammer you have a question you're recognized back behind you thank you the rector active part is that the hundred is that included in the hundred fifty five thousand figure. Yes that is that is the retroactive amount. Is it rector active to the date of hire or rector active back to the last fiscal year retroactive to July first of the fiscal year this July first twenty twenty the beginning of fiscal year twenty twenty one. Wonder if somebody was employed prior to that and if this is been going on for an extended time why you would go back to date of hire. Well. All the judge Gruber well I'll I'll try to answer that question We we did discuss this with the F. and A and it is very difficult to go back to a prior fiscal year four retroactive amount I'd I'm not gonna say it's impossible but at this point we decided just again after Tuesday's meeting to discover ACT to to the July first For the retroactive amount. And your employees are happy with that we're not going to be getting phone calls once because as I understand it if the law said that they should both be paid equally and you're gong Li rector active back it back to the July date then that means that there's money prior to the July date that they haven't been paid that the loss that they should have been paid for. I guess there's no one hundred percent guarantees in life on anything however I do not think our law clerks would do that I think that's a will be very pleased with the legislation for taking the actions I've taken. Okay and last question would be if it the law clerks for the court of appeals advocate for salary increase are they doing it in harmony with the law clerks of the Supreme Court that they combined together or if one gets it then that automatically back drafts the other ones up equal to them I'm just trying to get it in my mind moving for what one gets the other one's going to get no matter who. Comes asking for the money is that correct. I believe that the statute would would call for that the law clerks of the court of appeals to oversee the signs that ours is the Supreme Court law Clerk so there there should be parity between the two courts are thank you thing manager. All right of any other questions seeing none all right of I'm this calls for motion senator Hickey and. Yes. Yes ma'am of I will do the motion and I very we've got it written out here and the number right there could. This can be the addition of the two on there whenever you all hear it so I moved review the request of the court of appeals for two oh five eight seventy eight fifty five. In the PAYPLAN appropriation that is in addition to what we also reviewed in the appear subcommittee report that represent the fault read alright ladies and gentleman you've heard the motion that is I have a second all those in favor say aye all those opposed all right motion passes aren't going to Adam on behalf of the court of appeals off Clark's we thank you very much thank you I am going to item ten of senator Flippo. All right. Okay all right by senator Flippo thank you madam chair review subcommittee met on Tuesday and reviewed and and S. grants and services contracts no items were held and I moved for adoption of the report thank you for the motion. A I'm sorry here's a question Representative Wardlaw can can we have somebody from DHS come for police. Page eight. You're recognized thank manager mark what with the just. Mark Hey time and time again we hear of contracts at DHS that go awry and we've wasted millions and millions of dollars over the ten years that I've been here in contracts like this. When autumn contract was bid three four years ago my member ID and serve me exactly when but it was bit on monetary basis and they got that bit in a business been twelve million dollars per year. When you look at today and this final amendment you guys are putting on it we're going to be at sixteen million three hundred thousand fifty four dollars and five hundred fifty four. Thousand five hundred eighty dollars so we're up a little over almost five million dollars from the start can you explain to me why we allow a company to win a bid at twelve million dollars per year on a set number of bills and and we're sitting here three four years later paid a five million dollars more than the bid was yes Sir can so the the original bid was for a two year period total twenty five point five million which doesn't quite about twelve point seven five million per year as we work through those first two years of the contract we did encounter several changes and we had to take those into account they did costs increased work and increased other things that often had to do so for example we ended up for more assessments the word richly projected we also had some changes the assessment particular on the eighteen side where we added some components based on changes to the program and so and we also additional mailing cost select for example originally the and made it in vision plan was that often would mail out a one or two page summer results to beneficiaries and have the full results available on request we eventually change that so we're moment of complete results which is a packet of can be twenty thirty or more pages maltreatment fisheries those precinct expense that often Kurt and so last year at this time we negotiate with optim and we agreed on an increase in which we've added three point six million annually to that amount and so what we're asking for this year is slightly less than we asked for last year it's a difference maybe like ten dollars is not much of a difference but they still based on those same changes that we saw originally those who continue to so that's what we are asking for the same increased amount this year and I would note that on the original bid cost was a component we looked at both the technical school or and the cost cost was thirty percent but on that technical school or there was a company that. Scored higher than Optum on technical correct yes on technical there was there were some higher scores than Optum that's that's my point it is if a four year war needs bids on money when do we hold these people accountable because I'm building a bridge or highway department and I bit it two million dollars and I and I end up having to put a filing deeper and I miss that it's on me so when are we going to do that at DHS hold these companies accountable for the exact bids that they bid will invest less will want to do and will be we will strive to do on all of our contracts in this case these were changes that either often could not a for saying or changes that we implemented because we thought their appropriate program it would be a better choice for the program for beneficiaries. Thank you thank you madam chair all right we have several in the queue and to I would just days the to make your questions very sess sank of Representative love you're recognized. Thank you madam chair I just wanted to ask if the additional assessments that we're paying for are those the on the heels. The additional assessments we saw increases on both sides both on the past side which includes is includes behavioral health and development disabilities clients and also in the aging site which includes our our choices program in a personal care program so are the appeals included in the assessment so I'm I'm sorry I'm saying appeals we did see is that increasing appeals last year on the program and that was related back some changes made to the programs that has that has tapered off since then and so this one on I would not say we're seeing a large number appeals okay alright thank you all right Senator hammer you're recognized thank you. Thank you madam chair first of all do we pay for the assessments. On appeals that. That we lose the appeal in other words they got to the assessment it gets it gets peeled and it's a term that often didn't assess correctly do we pay them for that second appeal. We pay for one assessment so if there is a need for reassessment because often did something incorrect in the first one we don't pay for the next six months okay and how may fines or penalties have been assessed against Optum and have we collected that we do this this penalty last year based on timeliness issues we did collect on that by reducing their invoice and since then the Thomas has been good do you know what the amount was. I don't have them out with me but I can get that for you okay I'd like to get that please thank you thank you Mr all right thank you a. Senator Chesterfield. Thank you madam chair and I've already expressed press marked my concern about option in a continuing contract but I'm wondering are they the only company that does this no ma'am there are the companies that do this around the country and we have not considered in Arkansas looking at those. And seeing if we can get a better bang for a book called say that last year when we were having some issues and we have some concerns about how in this other things we look at all options at the time we thought the best approach was to impose a penalty to work within one corrective action plan to get them back in the compliance and they've they've done that. So we have never conciliate not really consent we have not really stopped applications or a request for qualifications and others that might do a better job them then optim number would not we are not open that the procurement up again since the original procurement and how long is this country had on his contract it can last up to seven years and so the beginning date was June of seventeen so if we continue with often for the full extent you can extend through June of twenty twenty four what would constitute Ending the contract. It could be a number of things that could be issues of their performance if their form started to drop off and we had concerns about that it could be a program change if we decide to change how we administer these programs how we Mr these assessments in their number of reasons that might trigger a decision to go out for another procurement but that's written into the contract. Of those reasons no no and that's just just our general forty around around vendors and procurement of when we can go out for another procurement what can the contract says if you don't do that these things then you will lose the contract there's nothing specific in it. It sets out a number of very specific metrics and threshold they have to meet if they don't meet those we have some flexibility on how to respond to that and ending the contract would be one of those options we could use if they did not meet those commercials in over the last several years the only thing that we have done is say you did a bad thing but we don't keep on hanging with you anyway what we said that we are concerned about it we imposed penalty we collect of that and since then they've improved Ragland opt. Right of the senator rice. I mark this quickly since we've got a little bit more time this morning sometime when due Friday. Refresh my memory you say this vendor was weighed thirty percent or this was white thirty percent Yet we've had other contracts that. Go for a hundred percent price. And we've had people that have done it for. Two decades or so. A good job and given no consideration that they've done a year in year out what we find out after the fact. Is we have had to terminate people. Caught terminate contracts. Ship contracts. Have all kinds of problems that caused all kinds of terminal. Lives disrupted. What I'm my question is. House who and how many people. Make determinations on the lady I thank I have asked before but I don't think I've ever gotten is it very greatly or how is that done it can very depending on the nature of the contract and what the need is that what's what type of service recurring those decisions are typically made by a combination of the program staff who are actually building the specific things were asking for and procurement along with our procurement staff and in some cases the office of state procurement would be involved as well so for example in this example this was a procurement that was run by the office of state procurement and simply we would work with their staff as well on making that decision of how much we want to wait technical school war verses Proskauer. And just a final comment I would you say I hope they look back sometimes. And in learn from experiences and A maybe Leadership help some sometime not maybe to tell him what their job to do because if they read and understand the hip qualification experience but I thank you will be here but look back to see some problems could have been aboard thank you absolutely right of Representative Sullivan. Thank you madam chair of the you and I have this conversation awhile back but at one point a Optum of start of the contract and then they transition to a lot of their top employees out of state has that been rectified. Yes Sir we were satisfied with the staffing that right now okay and also there were several I thank legal challenges and on their penalties have we ever collected those penalties we did okay thank you thank you madam chair all right of senator Irvin. Thank you and just to reiterate and confirm there are deliverables and that's contract there measure their metrics that have to be met and they've met that is that correct it is and and so the additional amount requested is based on what DHS that we need more work in this area we need to add is sustenance because I remember at the th we needed to do that a lot of that was driven by our concerns is the legislature and the timeliness of not being able to get the assessments needed plus plus some of the programs that we had that we needed assessments for expand it correct yes ma'am okay thank you very much right to a Representative Wardlaw thank you madam chair thank you mark mark and I've been talking throughout the week about this one thing I just wanna make the committee aware of this when we bid these contracts out and they're done on monetary basis then we are to hold on to those monetary basis the only point I was making this morning the date when this bid was made the next lowest bid was nineteen million dollars per year and we're getting very close to hitting that number now and that companies technical scores with very very high compared to Optum so I just want to be clear that when we when these people come in under bid us then they need to figure out how to make it or go bankrupt of that's that's their fault not or fault so thank you mark and with that madam chair I have no further questions thank you alright ladies and gentleman senator Flippo made the motion do I have a second. I have a second all those in favor say aye. All those opposed motion passes all right if you go to Adam Levin personnel committee senator Dave Wallace has that report. All right. Senator Wallace is not here Representative will. Alright you're recognized. Thank you Mr chair personnel subcommittee met alone to use the September fifteenth of the committee the committee received and discuss various reports that required no action there listen nine was one two four on our report the committee also reviewed request requiring action as well and these are listed as Adams five through nine in the report and madam chair that's the our report I'll be happy to answer any questions that I move for the adoption of the report at the proper time all right of any questions seeing none there's a motion on the floor to have the second. All those in favor say aye. All opposed motion carries thank you. Going down to thirteen the highway commission of senator DISMANG recognized. Thank you madam chair the how would commission review invests re subcommittee met on September sixteenth the subcommittee heard recommendations on procurement and information technology from ale sees consultant got house in her responses to the recommendations from the department transportation and from the public I move for the adoption of the report and it and I'm happy to take any questions any questions seeing none all right. Of this motion on the floor I do have a second all those in favor say aye. All those opposed motion carries going to fourteen we have the Arkansas health insurance marketplace oversight of Senator Kim hammer Kim hammer. Thank you madam chair the health insurance marketplace subcommittee in the house and Senate insurance and commerce committees met jointly on August thirty first at nine thirty AM committee roommate sector commerce discussed issues that are affecting the Arkansas economy during the covert nineteen pandemic subcommittee heard from secretary health and a former part time M. D. it calmly human development center about all opinions and conflicting medical research on how to treat covert nineteen patients manager moved for the adoption of the report all right seeing no questions of you have a motion on the floor second. I have a second all right. Those in favor say aye. All those opposed motion carries right number fifteen occupational license review of Missy Senator Missy Irvin. Thank you madam chair and the occupational licensing review subcommittee met Monday September fourteenth in committee room a the discussion of these are that we heard testimony regarding the following items number one discussion of recommendations for occupational authorizations from the Arkansas state board of registration FOR professional soil classifiers Arkansas state board of physical therapy Arkansas state plant board feed and fertilizer does vision and Arkansas department of health engineering section I we also have presentation of draft legislation from the recommendations regarding occupational authorizations all answer any questions. Right the senator Elliott you're recognized for a question I thank you madam chair I just stuck through you to senator Irvin out if that draft legislation is available from where that can be reviewed we have that yes ma'am we do add Senator Elliott as a you'll be able to look at that at the upcoming meetings we will be continuing to review that I have the time line that be happy to send to you and other member okay I'll have or as being handled and recommend it okay thank you thanks madam chair. On going down to Adam H.. I'm sorry. I just wanted to on on one of the items members you may be hearing from rural water operators because the role water conference was cancelled due to cope it the Arkansas department of health engineering section is looking at how to waive those requirements for those credit hours to renew their licensure because many of those operators received the or their hours by attending the conference so that is what that one item is a ballot in case you're getting phone calls they are working to try to waive that due to cove it and the cancellation of that rule water conference and and so I can happy happy answer any questions but I will leave adoption of the report all right seeing no questions there's a motion on the floor to have a second. All right I have a second all those in favor say aye all those opposed motion is adopted. All right going to H. there is no action on this that's necessary but if you have questions would be glad to try to answer your question so kind of look that over for just a second it's from it's H. one. Three. H. ten. All right seeing no questions. We're moving on. Alright we have a. Any new business. Right going on to item K. E.. Of. Number one the carries act appropriation request. Please put to come for please. Alright you're recognized this is the carriers act appropriation request which had been previously presented to the pier subcommittee last month when we take this off. Last month dealing with one hundred and fifty million dollars in charismatic funny which had been set aside by the steering committee for support of the needs of the cities and counties to respond to the covered nineteen epidemic we've been working with the Social ation counties in the municipal league to work out exactly how this would be these funds will be made available to cities and counties work out the process by which we can recognize allowable expenses and make sure that we can respond to these needs there are representatives from both the the season the counties here so we can I think we should be able to answer any questions you might have. All right and let the ladies and gentleman of the committee we have you have a handout. And explains a lot of this and we do have some questions all right Representative Johnson you're recognized for a question. Thank you madam chair Jake the. Not sure if you might know the answer this question but it's come to my attention that some municipalities have utilities that they have not been. Able to seize service on due to restrictions during a pandemic will any of these funds be able to be used to help residents cover the cost of their their back bills I guess For those utilities that have been discontinued. Of I'm not familiar with anything specific to that Apollo thirteen for who's been a little more involved in in the process of identifying allowable costs is here and I think you might be able to provide some more information on that this state has engaged a consultant C. T. E. H. Roos working with Haggerty consulting in DC one of the many duties are doing for us is helping answer questions like that so that as request come in from the cities and counties is this an allowable costs can we be reimbursed for this the consultant is helping us make those determinations but I think Paul can answer your question more specifically good. All of the in the. Yes that will be the topics renders it will be reviewed and approved we're looking at real assistance mortgage assistance of food bank assistance all of that will be on the table. Excellent all pass that along greatly appreciate it. Thank you Mr though the in would you mind just staying until the end of the discussion and you stayed at the table until we finish the discussion with thank you and it's good to see you thank you. Alright senator Chesterfield you're recognized for a question yes thank you so much look in is there a list of of of those things which are. Reimbursable. Yes we are going to per pass out of the next exactly steering committee a list of expenditures. That we would hope would be pre approved by the executive committee so that those applications committee process very quickly we've got an October thirtieth deadline coming up censure yes ma'am we're going meeting going to be a next Wednesday okay. The of at which time we're going to reduce the and introduction of the portal is so will start handing out the sign on a log ins to cities and counties for them to enter in applications for reimbursement expenses already occurred or for projects that will be for over the next a ninety day period of time we're going to offer training F. we bring the portal Hey four people here from the sea tech integrity which are the contractors a to be on site to help us do that. The folks at the municipally have been doing some training this week of with their the cities of I start off with the bigger cities are now working her way down the list they have been given their allocation amount so we know what those are so they can plan projects against the health spoke with the county judges earlier this week they've been given their allocations of we had some conversation with them. About some projects that we think would be very quickly and for them and we're trying to build those into the portal so they'll simply be able to click a button and the project definition will come up the justification will come up they'll be able to put a dollar amount in there that you're looking to retrieve put that in for what they spent currently a get a reimbursement back for that and in project expenses through of the end of or the middle of December of FOR certain items we think or pre approved and should be very obvious that their eligible for reimbursement that list now has about seven projects on and it may be expand over the next week or two as we talk to people and try to figure out what their needs are at a greater level of detail. Thank you Mr Speaker someone from municipal league if they're here. That's okay madam chair yes thank you. My great concern is I continue to get calls me to estimate a dentist by yourself for the record thank you excuse right chair blade Gary legal counsel for Arkansas municipally all right senator Chesterfield thank you thank you so much madam chair and my sincere apologies but jumping the gun of could you tell me what you're doing for outreach to the black mayors association. Specifically what we are doing retail for all the mayors of all the cities all five hundred four hundred nine nine cities I hope so is I get as many calls I think about. What's available and so I'm wondering what. You're doing so that I don't have to get the because it should come to you right and please share our information let them know we're here for like I said all the mayors and we. Wanted to make sure with that for us were ecstatic to be here this is kind of the last step Ingram before we can fully notify our members and start the training process why we have started with the bigger cities who you know deal with grant funding all the time do with reimbursement in all aspects of that nature so we kinda talked to them to get get their opinion on what they think this will look like but we we will be sending out communications notifications hopefully starting next week all right in thank you to all matters yes ma'am to all of them up all right thank you all right thank you A Senator Malick recognized for a question. Thank you madam chair of the I I'm I'm fully supportive of this for our cities and counties my question and it may be more for someone from the steering committee liquors actor committee is. We know some of these funds will be turned back of and I'm just I'm interested in doing something for a convention and visitors bureaus I know that has been discussed of their their limited in number in the state but they've been hit tremendously hard so I don't think it takes but a few million dollars to help them survive but they bring people into the state to the generate sales tax money hotels restaurants and so I just I know it's been discussed but if there's money left from this pot or others from cares ACT and I'm certainly supportive of looking at something to assist the convention and visitors bureau number of someone from the adjuster committee may have a comment on that. Is there anyone here that would like to make a comment. Liz Smith a director Lewis B. Smith. All right director are recognized thank you hi I'm Elizabeth met I'm the. Chairman of the cares ACT steering committee and yes we are aware of the request for that convention and visitors bureau is to be considered that's also something that the individual at we've also spoken with the municipal league about that and some of the commission and is the turns bureaus are actually part of the municipal government is that the right way to say that city owned or leased bonded. So essentially that that could be just addressed immediately with the funds that we're giving directly and to those they also have contracts with the city's potentially and the cities and counties can give a portion of those funds to the sea bees so we are looking at turnback fines or funds that are coming back to us and we're and trying to count those dollars right now to see how much we potentially have. Isn't senator. The only comment and I appreciate that it I know most of the of the event venues that would be talking about or convention Mr bureaus are in the larger towns that are getting you know of a larger part of the money but they may have a other larger needs throughout the city too so I mean if there's enough money there to accommodate that helping them then that's good but if those cities were going to Max out from other needs and I'd still life force look at something else but anyway that's the. Something I guess for the future but the future. Pretty short with the cares ACT money but anyway thank you madam chair right thank you all right of senator Ingram you're recognized for a question. I agree with senator MALOCH thank you madam chair agreed Senate Malachy I we don't want those to fall through the cracks and I think lives with we've had that conversation whether the hotel motel restaurant of end of the reimbursement or three cities you take of west Memphis I just had a run it they lost so far this year forty eight events and you know not a lot of money but a hundred thousand dollars and if that eligible but back to my question in in we've got some mayors in here and some former county judges so let's use the analogy of fame and female when there is a disaster they have guidelines what's reimbursable from the federal level are we being provided from the federal level what is being reimbursable Paul is is that the way this is going to be set up. Who cares ACT monies that although it's federal is not necessarily there to replace the female dollars no no no I didn't say it was there to replace FEMA dollars what I ask my question was will the reimbursement be set up similar to have the FEMA dollars are in what is eligible for reimbursement and what is not. Yes rights my understanding I'm not real familiar with the aim of the we set this up according to the guidelines with the cares act funding at the federal level there's a series of questions they will go through and say yes or no this meets these criteria and then they will give us a project definition of why they believe that fits the coated nineteen responses and there's some assistance in this application process to help them understand what's necessary to explain and and answer those questions. As long as it's designed to mitigate the risk of over the spread of the virus then the the presumption is it is an eligible expense and there's a lot of uh guidance out through that we will be handing out we your hand some of it out it will be linked on the website for them to review and then we're also trying to give them some condensed information is much easier to understand of and as I said you know there's been some some training already there will be a much more next week okay thank you manager thank you. What I'm sorry senator DISMANG. Thank you madam chair and one thing when I was just reading through that I guess I don't know if it's a concern or just a thought of what I don't want to be is the you have the cares act is kind of the approve or disapprove of committee that it be subjective in anyway you know we've given the state a lot of flexibility in how we used care acts money to be creative including me of the wifi hot spots in broadband in all kinds of things to make it kind of fit in with the federal guidelines are we to cities and counties are on the same exact ones I just hope that the and we have a very non subject to process that allows them to apply and long as it fits in the parameters of that application and what you see in the federal guidelines that's what's approved not the will of the cares at committee but again inside to me it's gonna be important have a very clear cut process in place how those things are measured in how they agree or Connie or or disagree I guess with the federal cares act you know parameters. That is that the plan yes Sir I think it's important for everyone to understand as a piece of wine we asked to have the contract receipt taken Haggerty they have a lot of experience in this area. Distaste rate up there something come across my desk a suit now I think this will work I don't think it makes the criteria of Senate on to Hagrid you've contact to have their than fifteen minutes he said yes it does here's where it is and here's how will document that. And because I would think that what we've done is a state so far as the template for the cities and counties and if they want to implement some similar similar programs or have similar type expenses then I assume that those will be on the generic you know you click a button this is what we're doing with those funds and then if there's something that's a little bit more outside the box again if it fits in the parameters. It hopefully the care that committee you will have that process so thank you. All right to a Representative love you're recognized. Thank you madam chair first let me say Blake that you're welcome to come to the Arkansas legislative black caucus meeting we are meeting with black mayors on Monday at one o'clock so if you could be the that would begin at. Secondly I'm going to go to some subjectivity that are I have kind of seen in the process in regards to minority applications so missed a lot the and if you can explain something to me. I've I've seen in number minority and here I am absent a number of minority proposals come before you all with mortgage assistance in them and they have been directed to go to DHS which I have no I have no issue with because DHS does have. Hi funding in which they do and they they do pay for mortgage assistance however it now we are allowing counties from what you just stated in your testimony that the county or the cities can use this money for mortgage for mortgage assistance which I have no problem with but I do have a problem with this objective the of of. One nine cities and counties are a provide cities and county this assistance in the and take a minority repose is in town and then they have to go through another process if the money can be used for the same thing and so if you can explain to me. How you all arrived at this I'll I will I'm very interested in in that. Okay a I think there's a there's a couple things understand their this is the the fact that it can be used at the city or minute or a county level will have some discussion points that have to be met they'll have it appears at this time and they're still being some legal work done on this that they may have to go through a third party and non profit or some type of committee to make that happen and get it down to the level of the citizens they're still working on that I think the concept that you're speaking of was DHS has these federal programs that they administer all the time in that process is always available to a citizen in the state and so the guidance that we would give would be if you have if you have gotten previous federal assistance in this. For this amount of this time period time for this request then you won't be eligible for the cares that money if you've been in that and if the program was already fully funded at the age is then we will work to try to go through this Avenue if the city and county terms that's the best need for their money it's and eligibility they can be established early says our conversation Missy taken hairdo this time but is not a mandatory product that the city or county pick up it's an option. Okay any of the if they go down that road there will be a certification they will have to be signed by the person requesting assistance if they have not received a form of assistance prior to this from some other source okay are with amend it is that that is that that's one of my concerns is that some of the proposals and I've been watching them the meetings that some of the proposals specially some of the minority proposals there's an assistance there really needs to take a hit because especially African Americans again hit by Kobe heart in at this I feel like sometimes there's a little subjectivity in what we are what we're we're pushing through some are but I thank you for your explanation right thank you all right to a Representative Lowery you're recognized for a question. Thank you madam chair my questions related to the advertising and promotion commissions my understanding is that many of these are supported through a pass through a process that as hotels restaurants have more business day in many many of them the cities have hamburger taxes for instance So it. As we open up more more events restaurant some my understanding is the contact tracing is showing the numbers are showing that only three percent of transmitted built the happened to restaurants as we follow the science which everyone wants to talk about it actually open up for business the advertising promotion commissions will benefit from that correct if hotels and it and actually the hotel of contact tracing shows zero incidents of transmissibility because of contact at a hotel so. Could you clarify that generally speaking that is how the AMP commissions give fund it is through the hotel's restaurant tax and then that money directly goes back into advertising and promoting all those the entertainment restaurants motels hotels and all of that nature so I'd there is a correlation there okay well I just hope that we would follow the science open up Arkansans so that these advertising and promotion commissions can receive that pass through rather than us just continuing to throw out money to to gird up something that actually the people of Arkansas the surrounding states they want to Kerr they want to support so that would that would be my statement thank you thank you of Representative Johnson you're recognized for a question thank you madam chair this is kind of in relation I don't know necessarily if it specifically this item but I've been watching all week long for There was a proposal apparently the steering committee had approved for hotels restaurants and and that sort of thing through the parks and rec parks and tourism and I haven't seen that proposal presented to us what's the status of that words that when is that going to be coming before us for consideration. Sure I can answer the first part I've been working with the John Andrews and the or Jim Andrews it heritage along with the secretary harsh in a couple of other people the bill the list of expenses that will be eligible for reimbursement and the business process for that how we will work through the system we have not finalize that you in fact ask answered to the similar questions last night the and Colin that I would talk to him after lunch today of the we are working on that as quickly as possible A to outline that program we're trying to make it as easy as we can to just say ex you know submit these expenses to us. And we reimburse you for those expenses parser that we're we're still in the middle of that and I will get that to you as quickly as possible. So so I guess. That'll be probably next month's meeting that that will come before us is a request or is that going to be an emergency request sometime in the middle of the month. From my discussions with secretary Hearst I believe she's planning on. Having at the regular meeting she wanted to make sure that all of the business process was complete and that the questions are answered and that everything was lined out when she when it was presented to peer into thank you yes all right thank you representatives I'm sorry well Representative sell open soon to be Senator Sullivan. We've got to on the. Yes you're on. A yes there's something with your button there. Okay thank you so Representative Lowery hit on this word we talk about rescuing businesses but we are we considering letting them to rescue themselves by the department of health phone report the cut the transmission of Covin is almost nil in hotels restaurants indoor events outdoor vents convention centers is the. Are you all considering relaxing some of those restrictions so that they can help themselves that even going on our our our mayors advocating are having meetings on what restrictions can be lifted are what restrictions are how local government can start to control some of the since one size fits all. Doesn't seem to be working but again the transmission rate according to the department of health's own research and owned Arkansas data indicates that it's almost nil. So what are we doing to try to let them help themselves. represent so that I don't know if I'm the right person to ask thank you are you're the right person you're the guy that you're the guy pulls all those folks together so are what are we doing are they advocating to regain some of their own control over their own city so they have some determination or what happens in their local outdoor events and their local businesses I have not personally heard a whole bunch of cities come to me specifically so I don't know anybody else that the leak has come to media of asking I think what you're asking of I I I the it goes back to I think any city once or city to be back up and running would you prior to the well I don't know that I would agree with that if no one's come to you saying that they want to get back up and running I don't know that I would agree that they want to. Well as an apologize adjustment specifically for convention centers we have heard of I think Fairfield bay is a good example we've heard for a long time house the they're it from their computer convention center community center has been very heavy for them so the municipal league actively taking a lead in helping cities regain some weather control given with Representative Lowery said we follow the science and the science says the transmission rate is almost nil so is the municipal league helping lead the way in helping cities regain some of their authority to control how many people at the restaurant whether they can happen indoor outdoor for fat because it's it's so much different in different parts of our state that and the transmission rate again at almost zero seems like some local control would be beneficial. And I don't disagree if you're asking whether we're actively campaigning right now for that specific topic no Sir but we are in constant contact with all matters listening to all their issues all the time okay yes I would hope that that they would. Start with the miss municipal league would start helping people help themselves thank you madam chair thank you hi we have some others on the queue next is so senator Irvin. Thank you madam chair I really just and my comments are really just brief and just wanted to respondents number of the of the steering task force just really appreciate the amazing work that has been done by Blake Gerry and Josh Curtis and crystalline some markes on this as you recall the initial cares acts at the federal level directed money towards cities that met a certain population threshold so this was very much in following precedence and from our point point of view that this money needed to go down towards the city in the county levels to where they would then be able to spend it and address the needs that are particular to their cities and to their counties and that looks very differently as we know across the state we're very aware of the issues that senator Malick brought up I share that concern being at the tourism industry is a huge part of our economy in the state of Arkansas so we recognize that and I think with senator DISMANG action and lead and leadership I think that was very important the fifty million dollars that we approved for that program and secretary Hearst in the work she's doing it's really critical but I would just encourage legislators to take this list home with you and contact your mayors and contact your county judges and make sure that they're real clear and in constant communication in contact with the municipal league and the association of counties that's a role that we actively can play and I would echo senator DISMANG says comments as well there is going to be some flexibility so really try to work with those county judges and those mayors to utilize this pot of money is the best that they possibly can because that is going to be really really important so I'm. I'm available if people have questions I'm happy to help in anyway I can but just how mark for us take this list contact your mayors in your county judges and help them utilizes fund to the best of their ability and I think that'll help all of us thank you madam chair for my ability to have comments all right thank you add Representative love you're recognized for a question thank you madam chair I'm a go back to the what Representative Dotson was asking of Mrs Smith the or secretary spent the you think that it's adequate time of for the expenditures to be accounted for by the the tourism industry so say for instance of because I'm kind of worried about our our the time line that we have as far as to expend the phones the thing by us approving it next month with that will provide. Adequate time for them to get their reimbursements in. It is a domain you can I mean is that if you feel like it's adequate time and that's fine but I'm I'm kind of concerned in regards to win we need to have the money expended right I hear I hear concern and and that really would fall I think with secretary Hearst or with D. F. and A I'm I'm sorry our role really is to review the request okay well Mister Lowthian. Yes roughly through be time is a said earlier we're trying to get this down some very simple basic expenditures that we know they've having of. There we can reimburse on very quick basis with limited amount of work on their part and documentation of but still meet the the requirements of the cares act of. I think we can process those fairly quickly when we get a. Thank you all right to a Representative Wooten you're recognized for a question. Thank you Mr chairman do we have anyone in prison Madam chairman from the health department is there anyone here from the health department. I don't okay here we go. And okay large issue and sector mental of I'm I have a question for you to I come on come on man. A let yes do that but I would ask that to a point in this league you ma'am all state to. With. Yeah just take that one and be fine. I met him or her to health. Just Gilmore. Been made Future senator Sullivan. Is it not true that the transmission is calls by groups of large groups of people congregating being present. Yes Sir we see it mainly around close contact with individuals yes Sir Has not the convention centers been struck very hard by the rules and regulations that I have been put in place to protect the people of the state of Arkansas and tourists that are coming into the state so the convention centers of have a. Not been able to hold conventions early ahead conventions canceled not necessarily by rule of the state of the people who had booked the conventions is that not true. I would agree that the tourism industry in Arkansas has been severely impacted yes Sir is not the restaurant industry on the same deal I would say that this is also. So not not point being that why we use the fact that there's been no transmission of major mail of the of the clover virus through the convention centers of motels are restaurants. The fact is they have suffered more than most people relative to the number of people that have attended so it's really not not their fault it is not the rules of Arkansas or by the governor this been put in place the his created this situation up to where they are small transmittal of the of the virus is that not true. I would say that what we have seen Some cases tied to restaurants and to these larger meetings so I think this is the evolving situation I think that we're continually looking at what we can change but I think that that the discussion that the secretary of health and the governor and we have with you on a regular basis I think we're trying to move to where we can continue to relax things. The point being is that they may not have had as much traffic or population is other entities have that have may have a higher rate because of the fact that people have stopped coming. Not necessarily by the rule of the state of the health department. The just simply by the fact that people have been scared away and decided not to come. I guess what I'm trying to say Maddox sectarian and Blake is is not is not really the fault. Of the rules of the state as much as it is the fact the paper or being not not willing to the near or around or in so the convention centers have lost business is as well as the restaurants so when you measure that they're contributing factor the transmission is going to be low anyway seven all right. Why would it be they don't have the people. Representative would. Off topic well it is the chairman that I think is the senator Sullivan represent to sell of will raise the issue and nothing was said. Well I think we probably need to have someone of. Physician. Has been involved in this to come and speak to some of these questions. It might be through the health committee that's why the thank you all right thank you and let's try to keep it on topic please. All right of. A Representative Lundstrum you're recognized thank you chairman one of the issues and I'd like to clear this up one of the reasons that restaurants are having a problem is because we have limited capacity they are limited in the number of customers that they can have and when you look at convention centers they are limited because they have to ask mother may I from the state they have to submit a plan what that plan is going to be so there is a limit so I want to clarify that it's not the people are wanting to come is that you must submit a very limited plan in a very limited capacity so it's very expensive to have an event at a convention center I know our I'm I have a business it's a convention center we've been shattered since March and it's very difficult when you pay for a. Limited space and it's five hundred but you can only have a hundred a hundred and fifty people are going to spend that kind of money so you can't say they don't want to do it if they can't afford to do it so it takes you out of the game completely in restaurants during that as well so we do need to open up to state transmission is happening at homes so let's let's use the right information we are limiting were limiting what we can do if you want to have a wedding in the state of Arkansas you have to ask mother may I to the state of Arkansas and submit a plan to the state of Arkansas for your own wedding. Any event so there are rules and some of them have been effective but some of them and now become Alden ineffective so let's let's make sure we clarified the information. Thank you A senator Chesterfield you're recognized remove immediate consideration are are we voting it out on the cures that money. There's no motion on the table No motion on the table I move that we adopt the distribution the allocation and distribution suggestion from of for the care that money. That's a proper motion. We have a second all. And this money is designed only for the cities and counties is that what we're dealing with yeah only yes and A I have accepted the motion so you have heard it and the we're calling for the question all those. Yes this is a hundred and fifty million. All right. If you're discussing the motion yes just ask. Yes. All right all right I'm going recognize you for comment I don't have a comment I was just. Did just in case somebody else I had a question or a comment. There's there's no one else on the key. All right. In the the motion. All right to have a second. Second all those in favor say aye. All those opposed motion carries. We are adjourned.