ALC-Claims Review/Litigation Reports Oversight (3PM - 5PM)

Multiple reports to present each report separately. And then pause to allow for the sub committee to take action before moving on to the next report will start with the litigation oversight portion of the agenda and then we'll proceed to the claims review. Members I didn't add AB wine contains three litigation reports submitted by the contractors licensing board was someone from the agency please come to the table introduced themselves and present the reports. Did that do it I guess it did I certainly can my name is james lawson and the executive director administrator with the arkansas contractors licensing board since august ninth of this year. Note that you have three separate cases on your agenda from our agency the first is our residential contractors committee versus antonio flowers dba flowers and sign law lawn express solutions this was illegal action that we filed in plasky county court to collect and unpaid penalty against this contractor for violation we obtained service on him he did not respond we found the motion for a default judgement and shortly thereafter he filed chapter seven bankruptcy so our action was stayed. The second matter let us apologize are there any questions. Seeing no questions do I have a motion to review motion to review second second i'll i'm favor say opposed no motion carries nay my proceeds are thank you that the second matter is arkansas residential contractors committee versus chase robertson dba chase robertson roofing again this was an action we filed to recover and unpaid fine or penalty for violations of our laws we found that matter and then before. We could file any motions he father he he paid the the van in four so we dismissed that matter with prejudice are there any questions. I've got a motion in a second all in favor say I oppose no motion carries you may begin thank you the third matter is arkansas residential contractors committee versus jodie benson dba benson home repair as with the other two this was a last suit that we filed in plastic accounting circuit court to recover and unpaid fan we. Filed the complaint we had to correct the amount that we were suing for at that point the contract to reached out and began making voluntary payments to us we withdrew the matter dismissed it without prejudice told him that we would not refall it so long as he continued to make payments and he is currently making monthly payments on his total fan to our agency if he files behind again we can refile. Senator hammer do you have a question on these like the first one where he went bankrupt do you did he have a contractor's license at all or do it all through these have a contractor's license in the cell where they revoke to what said all three of these were fine for unlicensed activity so they did not have a license which resulted in the vans okay thank you you have are there any other questions. Seeing other questions do I have a motion to review motion i've got a motion to have a second second i'll in favor of say question he didn't pop up whenever I said motion okay sorry so so the length of time for repayment of this fan. I believe that the terms of this were two years and he's making monthly payments he has made the monthly payments as required so far sorry about that senator johnson all right now do I have a motion a motion in a second i'll in favor of they are opposed no that motion carries. Now we'll move out to agenda adam b two which contains litigation report submitted by the department of labor and licensing. And you may begin with a please introduce yourself for the record and you may begin. And may I be excused thank you. Thank you madame chairman chairwoman miles morgan attorney department of labor and licensing this was an action filed on our behalf of the division of labor for back wages and employee she wasn't paid her last week or two of pay I believe and. The employer refused to cooperate with some of our contact with him so we filed suit he was served he did not respond and we filed a motion for a default judgement which was granted and now we are pursuing collection efforts for those wages. And i'll be heavy take questions are there any questions saying no questions do I have a motion to review i've got a motion in the second all in favor say a opposed no. Thank you thank you. Are the next item is c one a which is a proposal settlement submitted by the office at the attorney general or someone from the agency please come to the table in order to self and present the report. Good afternoon kitchen more assent assistant attorney general. That demorist most versus the arkansas division of community corrections is a failure to met bill your two promote and retaliation lawsuit that was pending in federal court. The parties negotiated a settlement to an agreed number of fifty thousand dollars and that number contemplates the state's potential liability for back pay and other damages as well as attorney speeds and the event of a verdict for the plaintiff. Are there any questions. Seeing no questions do I have a motion to review. Motion by representative back second but center double field all in favors they are opposed no motion carries. Thank you maybe excuse me the next mess see one b which is the proposed settlement submitted by the department of finance administration or someone from the agency please come to the table in our does yourself and present the report. Thank you mrs chair members of the committee alicia are since made them chief council for the revenue division of dfa and i'm bread young managing attorney with the revenue division we have the privilege of bringing a proposed settlement to are you for a review for you today spring valley filed sued against the department in bed in county circuit court opposing a sales tax assessment the parties have returned settlement which would resolve the litigation and for spring valley would pay the entire tax do and the amount of four hundred and twenty nine thousand dollars and some change over a four year period and at the end of that for your period the department would waive all of the penalty and interest as of the writing of the mimo to the committee. That penalty and interest totaled about three hundred fifty six thousand dollars of course it would accrue a little extra and so that would be waived as well and we are asking for review and approval of the settlement agreement. Are there any questions. Seeing no questions for motion. It's your speaker you're recognized thank you madame chair my question is it gets somewhat related to this and the basis of these claims this relates to from remember incorrectly this relates to the assessment of sales tax on club memberships. And is it my recollection that we actually took action and legislative session to clarify that those are no longer taxable or there's a dispute asked whether it was taxpayer in the first place but we've actually passed legislation going forward they're clearly not taxable is that correct partially represented yes so believe you're speaking about act by twenty one of the regular session that did not affect this particular litigation but it did provide needed clarity to members of the committee taxpayers and the department that essentially membership do has paid to a hunting ambition club that are paid to access the land for hunting and fishing are are no longer going to be taxable okay thank you. Representative I mean senator hammer your recognized thank you so. If you are a member of a hunt club now. And we pass that legislation. Are you currently looking at any other club conservatives slow high clubs around the state. Are there any other their actively being looked at or from this point for that off the table as far as i'll be there look at those hunting clubs. So for eight for the duse to not be taxable they would have to be separately stated from any taxpayer transactions so said the law does not provide that a hunting and pission club would no longer be accepted to audit if that makes sense so but I would not i'm i'm just in the litigation department I would not be able to speak to whether any taxpayers currently be in audited. Okay so it is a potential that there are some honey clubs sitting out there now that may be stunned somebody's. Make sure whether they're being looked at now or not whether some honey clubs out there that potentially could be audited or subject to being audited that this is going to apply to them too. So our I would say that any any taxpayer in the state of arkansas I would be subject to so hunting ambition clubs would not be excluded from that thank you. Representative cabinet you're recognized thank you madame chair my question is going to be so water the what did these taxes arise from for what operation or they pay and taxes on. So i'm gonna differ to brad he was the lead attorney in this litigation thank you representatives so there were a variety of items that were taxed in this case some of them were for the sales of tangible personal property including alcohol i'm some of them were for excess not just to hunting and fishing lands but also to other recreational facilities such as them the libe where people could stay there as access to golf club to golf courses. And then there were some other items I think some food and beverage service that were included in this so as a variety of things though are they they're not having to pay the taxes on what we said was not tax bull is that correct or are they actually paying it on the memberships also so as as a part of the settlement neither party is you know of course admitting bot it's a negotiated settlement so they are paying all of the taxes that were assessed and then go and board both parties you committed to following the law as now stated again but that's not what my question was my question was just specifically the taxes that they're paying on this now are they paying it on membership my understanding is that the invoices included all of those items that bradges mentioned and so yes a membership due might have been included in a total invoice. Okay thank you senator johnson your recognized. Proud of this action was any other news ever claimed this is taxable rate and this so my understanding that they're testing money II of course have not worked in the audit division but my understanding is that the testimony from the regular session when this came up was that a a hunting impatient club was not taxed strictly for you know access to the land but if items were that were taxable were not separately stated yes that would have been taxed. The one who was in the room. Is there any I mean it is dues in this settlement. Yes sir. Have does ever been taxed prior to the settlement yes a. More there's been sales text claims go into the litigation which I was involved in the parties did income discovery and that was one of the questions that the plane have had and discovery was where there other any other taxpayers over time that were in a similar situation that had been tax in the judge internet protective border that said we could produce that information without identifying who the taxpayers were it was limited to ten years if I recall correctly we identified a pricing fifty other taxpayers over the past in years that were similar in different ways to this taxpayer in some of those did include memberships thank you. I think it is senator mark johnson I believe thank you madame chair mister young without getting too far in the weeds on this what is the text status of membership which I mean i'm member of a lot of things that I don't think are taxable but I think membership and a hunting club is hate to call it rental but is this an allegories to reading tangible personal property versus. Having. Okay let's say there's a a room there at a light and it's kind of room it's almost like reading a hotel room but then there's also it just gives you the privilege to come on the property and you know park your camper or picture or whatever and have the right to hunt there and i'm trying to ask retain if we need within general similarly need to drill down on this and clarify what constitutes those and I know i'm asking about this specific case but hopefully it's instructive to where we might want it go forward what in a case like this is the department believe is taxable what are we taxing per se and I know personal property so you something that's different II get with. So if I can send her let me answer that as to this case and then generally going forward as to this specific case one of the issues that was disputed and that was being litigated in the case where is that. The department's auditors determined that the membership fees included not just membership but some of the other benefits in the menities that I talked about a few minutes ago so that was one of the issues in that case and it's well established I mean going back the last fifty years and are consulted tax law that if you have as miss smith and engine if you have multiple items on an invoice and they're not separately stated in some of those items are taxable in some or not if they're not separated out there all going to be taxable as for going forward I do believe that that the new statute gives us awesome clarity on that I think the statute reads that if the purpose of the membership to honey and fishing club is primarily for access to the land then the new steps you specifies that's not going to be taxable. Okay all right thank you sir thank you. Representative back you're recognized thank you voucher and i'm I will bring it down and not here a lot of legal talk here so talking around numbers four hundred and twenty nine thousand dollars were old and taxes and then accumulated some penalties and some interest and the settlement was okay if you're just pay us but you owd us. We were not gonna. Charge you anytime. That is correct we will waive their interests and penalty better crew it was for a a period from twenty fourteen through twenty nineteen twenty I mean II understand the disputed part of this I partially been on all the way but that's okay my my point is if this taxes were owned why would we just come to a company and say okay well organization whatever it is and then some of the so what you know you don't have to pay the penalties on our interest but would we allow that same thing for an individual taxpayer in arkansas so we don't have to pay your taxes you ought to pay the interest you'd have to pay the penalties for not paying those taxes I understand they they're concerned representative as part of settlement it is in litigation it is comment to compromise on on a matter such as penalty and interest and we want to work with taxpayers as much as possible. So that's a yes we can that pay and not have to pay penalties and interest in four years because i'd like to have a half a minute give me one so is it certainly if I taxpayer is properly assessed interest and penalty that is do as part of their bill this is this is part of a compromise settlement. Nice compromise. Represent a cabin all you recognized thank you matter something that was say and I just want to make sure I understand so you're saying that on an invoice if you have one invoice and it has tax more non taxpayer items on it yeah gonna say everything is taxable that is arkansas I use representative. So they were those items were doing to be separately stated the the taxable items and the non taxable items. And that would be too of any business okay thank you. Senator rast you recognized thank you in a far messed in I apologize but is there anything that corrections could be made retroactively. You're saying were things worked split out on billing correctly. Do you allow that to go back and be substantiated what the split should have been. You a taxpayer would not be able to return actively change an invoice because it would then just be their word let's say II charged you a thousand dollars and i'm tell i'm telling the fa that that thousand dollars as well I think it was two hundred dollars for x and two hundred dollars for example two hundred dollars for x it's just my word now if I had something else that substantiated what the two hundred dollars was for this was taxable this was not taxable then certainly dfa would take those records but it couldn't just be my word and that's what i'm saying if they if they had examples of other cases they could show you during those time period would have had made a difference. I would not speak for that situation II suspect it would not make a difference just to have other cases you would need to show what you were actually charging okay and then then go to the. I realize you see where you penalties and interest. This was over what period of time it was from may twenty fourteen thirty december twenty nineteen. The. Okay fab plus years. Yes and. So. Penalties in interest is roughly three hundred and fifty. Six thousand dollars. On four hundred and twenty nine thousand. What right of interest you are figure ten percent per arkansas what what kind of penalty. Uh. I don't know where penalty were successful in a bit it's just it's a it's a lot of interest in penalty yes we understand the the penalty would be applied according to what the statute requires it they have and you have fall along the lower can be changed but yes it can't see in the years i've been down here I see a lot of time government excuses ourselves. Sometimes in it really chaffed me when we lower things to the letter of the law and now they had always concerned me you seem like off a lot of interest and family even though the offer they were away thank you thank you sooner. Senator hammer thank you ma'am chair on that ten percent it is that in statute that that's what you had to apply to this particular case you have certain percentages that you apply to certain cases there is ten percent the max ten percent across the board and that's legislatively yes and the one other question are there any I go back to what issue i'll go on to make sure are there any other hunting clubs that your currently. Looking at an auditing now if you don't know the answer could you get that to me and do they know that they're being locked out would be the next thing II think even apply went back that would be confidential as to whether any taxpayer is under audit at this time. Taxpayer or organization like a club or they treated the same that would be treated this and they would still be treated as a taxpayer and that would be confidential thank you thank you. Senators double field who recognized thank you matter just one quick question is there is there a statue of limitations on any of this. Yes are generally it would be three years for an assessment but if a taxpayer is more than twenty five percent under reported than the department can go back six years then so this one does not fall within the status it did at the time of the assessment of course we've been through the administrative hearing process and then the taxpayer filed suit in circuit courts that this has been an ongoing matter okay thank you. To have any other questions. Seeing no other questions do I have a motion to review. I've got a motion to have a second. I got a second i'll on favor say opposed no. The motion carries. Thank you. Miss I re if your came to the table in order to south will move on to the claims review portion of the agenda for this part of the agenda misdesk and. I will read a brief as summary of each claim followed by any discussion in questions from members and the end the subcop sad committee will take action on the adam. Adams in part d of the agenda are reassurances of glass or expired warrants and paid bills for the agency admitted liability or salary corrections please introduce yourself for the record then you may start yesterday and my name's catherine urbi and the director of the arkansas take claims commission all right miss deskin could you please give us a brief description of the claims. The first one is claim number two three zero nine six three angela lloyd versus university of arkansas from medical sciences here are the claimant filed a claim for salary do in the amount of thirty four thousand eight hundred and forty five dollars and five sets you ms answered admitting liability in full the claims commission allowed the claim and referred it for review and placement on an appropriation bill. Miss harry with does the claim does the commission have anything to add and no member that happy to answer any questions do we have any questions. Seeing no questions do I have a motion to approve this address. Motion and a second i'll in favor site oppose no motion carries. Mr can can you give us a brief description of the next one. Yes this is claim number two four zero one five seven benjamin sidual vs university of arkansas for medical sciences claim at five this claim for salary doing the amount of sixteen thousand one hundred and fifty four dollars and forty cents you answered admitting liability in full the claims commission allowed the claim and referred it for review placement on an appropriation bill missouri would you like to add anything no man but i'm happy to take any questions. Representative states and paying debit yes appreciate your line i'm not member here so am I just understanding this wrong but did you a mess to stop pay their salary I mean. Ah I believe that the documentation attached the answer said that this was a vacation payout that was owed from the prior fiscal year after the employee transitioned below full time status okay great thanks are there any other questions. Seeing no other questions do I have a motion to approve the item i've got a motion to have a second second all in favor of no motion carries misasking could you please give us a brief description on d three this is claim number two three one four two eight arkansas health and wellness health versus the arkansas insurance department. Claimant request of reassurance of an outdated war in the amount of twenty six thousand dollars payable from the arkansas insurance department the warrant is still outstanding and no duplicate has been issued the claims commission unanimously allowed the claim and referred it for review replacement on an appropriation bill. Misread would you like to add anything new me i'm happy to take any questions though. Have any questions. Saying no questions do I have a motion. Motion to have a second. Second i'll in favor oppose no motion carries miss deskin could you please give us a brief description on d four. This is claim number two three zero four eight one veraz and wireless network vs the arkansas apartment of finance and administration. Sorry claimant requested reassurance of an outdated warning the amount of ninety thousand ninety one dollars payable from the fine the warrnam still outstanding and no duplicate has been issued the claims commission unanimously allowed the claim and referred it for review in placement on an appropriation bill missouri would you like to add anything now ma'am happy to take any questions though are there any questions. Saying no questions do I have a motion to approve motion to have a second second all in favor say a opposed no motion carries miss deskin could you please give us a brief description on d five. This is claim number two three one one three zero row ardos vs university of arkansas for medical clients here claimant filed this claim for salary doing the amount of fifteen thousand twenty one dollars and twenty one cents uams answered admitting liability in full the claims commission allowed the claim and referred it for review in placement on an appropriation. Misery would you like to add anything now me i'm happy to take questions now are there any questions. Seeing no questions do I have a motion motion in a second. All in favor say I oppose no motion carries miss asking could you please give us a brief description on dc. This is two three one two six eight hand a hands and williams versus the university of arkansas for medical sciences claim that fathers claim for salary doing the amount of seventy three thousand one hundred six dollars and eighty nine sets you must answer admitting liability in full the claims commission allow the claim and refer it for review in placement on an appropriation bill missouri would you like to add anything now me i'm happy to take questions representative cabinet you recognize for a question thank you matter how do we all that much salary. The. My understanding is that the the documentation attached the answer says that there was an increase in full time employment and that that's the basis for this increase as to how it accrued I don't have any additional information. So were we just not paying this individual where they just not paying on what they all don't. That question be better direction the agency i'm sorry ma'am can I sagency please as someone from the agency here please come to the table in order to start for the record and then you may begin. Good afternoon my name is sherry robinson senior associated general council for the university of arkansas system representing you a mass and may I go ahead and answer this yes ma'am so doctor williams had been working at twenty five hours per week and she increased to forty hours a week at some point and that did not get input in the system to start paying her salary at the same time that she went to forty hours a week so once that was discovered through an audit we work with the employee at that point to file the claim and get her back to status so that employee didn't notice she wasn't being paid. Well some of those folks are pretty busy so I think she was getting paid but she was still getting paid for twenty five hours a week and they get paid monthly so I couldn't tell you how many pay periods that represents. Okay thank you. Senator like johnson you recognized. So council is it I mean a multiple of these is three a a ms. Is the personnel. Still there the person who does all these and screwed all this up. Still employed. Yeah. Well with other respect we can't pin point one individual for this and the university system as a whole his transition over the past several years to a system called work day some of those hr processes have to be and put into that system as just transitioned a little over a year ago so some of these matters would have occurred during that time whether someone didn't put the right information and I think two of these claims were terminal vacation pay so someone makes a change I believe the information on one was from one status to another or leaves the agency altogether that information may not have been input in the system to generate it so it's not something that's necessarily targeting one individual responsible for putting that into that information in we have over eleven thousand employees throughout the state of arkansas and a light going on. So internal controls have they changed to. To help the help these matters were certainly every time something happens we tried to make a change that will prevent it from happening in the future thank you. Yeah. Yeah. Represent pain out your recognized appreciate a manager having hr personally got how. Hr is probably wanted the largest administrative departments and I do not know the answer to that do you know if folks are getting underpaid you know folks are getting overpaid I know that there are routine audits conducted and a lot of times that's how this information is caught we have folks that do those article when they see that as occurred then they reach out to the employee like I said most of these are proactive from uams finding the information notifying the employee and then working with them to get the information to the commission and get it straightened out can can you say that that last part again so this is from just want to make sure. You guys are the ones that tell the employee not the employee that's missing seventy three thousand is coming the one telling you guys i'm sure that's not the case and every or not the circumstance in every case i'm sure there are some employees that are a little bit more diligent but we have employees that are paid by weekly and we have a large number employees you're paid monthly so unless they're following that closely in the stay of direct deposit some may not notice that for a pay period or two but our internal audit controls will catch things like a change that should have been made for number of years of service or an experience level and so when those are caught by an added hr one of the stain divisions of her will take the information work with the employee to send it to the claims commission and get it changed. One more or more follow up mountain do you know how long you know like if we you know an employees you know seventy three thousand or fifteen thousand how long that's rectified is that a month two months. For they get that salary back I mean or when it's get cut how often do you do audit. How often we do audit that i'm not sure but as far as the payment mechanism wants it is caught and it goes through this process and I think miserably can answer that question manager out I hope they could let us know how often they do add its because this is kind of a concern. Do you want her to do would you like miss arbiter answer the first part of your question they'll sure. So when the amounts are over fifteen thousand it obviously takes longer to get them paid out because it has to come over here to be put on an appropriation spell if it's under fifteen thousand dollars we typically have a cheque sent to its we typically have an order sent to uams and then it's paid out through payroll I would think within two months. Okay thank you. Would you please get to ask how often you'll do articles get it misdesk and and then she'll send it out to the whole committee if you don't mind please certainly thank you representative cabin all your recognized thank you and this is going to go cannot offer representative stats and question when we're doing these article you say that we found one that are overpaid. How do we go about getting that money back. Well that would be a different issue that we'd have to find out if the employee is still there and we can work out something to pay that back incrementally if the employee is no longer there eventually it lines up in my hands to work with my boss and determine whether or not we can file a matter to recover that. Okay what I would if annoy if you not mind what i'd like to ask is that if we can get a report that shows us how many employees that we underpay like we're asking for this and how many we overpay in with us to sex rate is of getting that money back. And i'd appreciate that is there a time period that we can narrow that to I would say the last three years. The. Because you were only catching it dare in audit you should be able to look at your audits and now pretty quickly in the last three years right would you like those and i'm i'm just asking because I don't do audit to note know how they work is that fiscal year calendar calendar year we find. Thank you. And again just get it to miss desk and so get it out to us. Are there any other questions. Thank you for coming to the table. Do I have a motion to approve the adam. I've got a motion a second. Second i'll i'm favorite opposed no motion carries missus desk and can you please give us a brief. Description of client d seven this is claim number two three one five four two centers for youth and families versus the architect apartment of human services claimant requested payment for an unpaid bill in the amount of seventy three thousand two hundred and twenty four dollars dhs answered admitting liability the claims commission unanimously allowed the claim and referred it for review in placement on an appropriation fill miss arbi would you like to add anything no me among happy to take questions though. Is it. Does anyone have any questions. Seeing no questions do I have a motion to approve i've got a motion to have a second second all in favor say I oppose no motion carries we're going to move down to e party of the agenda contains one negotiated settlement misdesk and please give a brief description of the claim. This has claim number one nine zero or nine seven look on to shepherdy as the personal representative of the estate of tomorrow jenkins deceased and lorry brawn as the administrator of the estate of casandra bron vs the arms of it stick please this is a claim by the representatives of to bond jenkins and casandra bron mr jenkins and his brand dating a motor vehicle accident where the vehicle they were in collided with the vehicle driven battery for brian burke claimants alleged that the trooper negligently and recklessly drove his police cruiser into a vehicle driven by the disease causing the death of both decedents on august twenty second two thousand twenty three the parties entered into a mediation settlement agreement settling the broad matter for one million eight hundred thousand dollars and the parry matter from one million two hundred thousand dollars the claims commission subsequently entered an order approving each settlement agreement and referred the matter to the general assembly for review and placement on an appropriation bill. Misarray with the commission like to add anything new man happy to take questions though are there any questions. Yeah. Mr speaker you recognized so I would like a little more information just related to this claim it specifically was with regard to the collision. Was this i'd like a description of what occurred in the collision and then secondly there's reference in the information we were provided about a federal law suite that was involved and i'd like to know what was the what occurred in the federal last suit what was the outcome from that and how does that relate or not relate to what before it's here today I think the parties may be in a better position answer that questions are please come to the table state your name for the record and then you can answer the speaker's question. The. This. Kitchen more assent assistant attorney general. The questions two questions the first question was and was the nature of the of the accident itself was the search was this an instance where the trooper was intentionally kind acting the other vehicle or resistance uh some other type of I guess what was deemed negligence on the part of the trooper the triple was engaged in a persued of another vehicle and while he was pursuing the other vehicle the vehicle that the. Miss brawn and mister pirie were in turn left across the path of trooper broke and they collided. So there vehicle was not their vehicle was completely unrelated to the purse suit that the trooper was involved in. That's right. Then the other one of the other questions I had was with regard to there was reference to federal litigation. What was the nature of that litigation what was the outcome of that litigation and then what's the well allergic answer that then hold my follow up. The estate of mess brawl and filed suit and federal core under forty two usc nineteen eighty three um seeking vindication of her federal civil rates and there was extensive discovery and briefing in that case they filed suit against trooper burg and against then colonel brian. And. During the course of that litigation. There. Was the decision in the federal court that they're was no federal constitutional liability the case was appealed to the eight circuit and the circuit affirm the decision of the district court. The case the family then. Site review by the us supreme court and the us supreme court declined to hear the case. And that's what it ultimately brought the claim to the to the claims commission. The claims were initially filled in the claims commission around the same time. As the case was filed in federal court as a matter of preserving the statute of limitations i'm sure and it was held in a bands while the federal litigation pended. And one final question if I may this appears to be the result of of immediate mediation voluntary mediation and that's parties. And i'd take it that this is. Bit by the state entering into this agreement and bringing this that this is uh essentially agreed to buy the state police and the attorney general that's right okay thank you senator hammer you're recognized thank you to your left or here thank you was it determined in the litigation process that the trooper was operating outside the policies of the state police as far as operating in emergency mode. Yes okay thank you representative jean your recognized i'm over here thank you out of here was the trooper's light in sirino. No sir okay. This. Are there any other questions. Thank you for coming thank you. Do I have i'm sorry to have a motion to approve the item I have a motion do I have a second second all in favor say I oppose no motion carries. Part effort the agenda contains eight corrections. Comply claims which were denied and dismissed by the claims commission the complaint in each case has appealed the decision if there's no objection we're going to batch these adms for one through f eight. Hearing no objection and they will be back. I need a motion about i've got a motion in a second all in favor site i. Opposed no motion carries. The. Now that the items have been batch do I have a motion to affirm the decision of the claims commission concerning items f one through f eight got a motion and second all in favor site I oppose no motion carries. This. We're down to g. Members of the last three claims on this agenda are appeals of decision of the claims commission that were submitted outside the town frames described under arkansas code nineteen t to eleven a. At four seventeen of twenty twenty three which was passed around the twenty twenty three general session and became effective august first twenty twenty three now prohibits the transmission of untimely appeals to the to their general assembly however the three cases in part g were decided prior to the effective date of act four seventeen of twenty twenty three so although the commission received these appeals after the statutorially described times the commission was of the opinion that it is required by law to transmit these appeals to us having fulfilled this it's obligation to notify the claim sub committee it is now up to the sub committee to determine what action will take place with regards to these three adams do I don't have a motion. As to these. Claims. Senator mckey you recognize for emotion. We have emotion to consider all claims. Hi read that hold she said. Yeah. Three claims and g one three g three were submitted outside the statutory time frames for an appeal in architect code. As such a move the subcommittee not considered his claims and send a letter to parties reporting the subcommittee's action on on legislative councils adoption of our report do I have a second second all in favor site opposed no motion carries. Yeah. This concludes our agenda saying no further business this meeting is adjourned thanks for being here.