ALC-JBC Special Language

Meeting to order the special language subcommittee. Of we have little housekeeping we need to do before we get started here this morning. Of we do not have assigned seats now so it's gonna be county hard to recognize somebody so if if for some reason on the issue thank you and let me know and I'll probably just be calling seat number well because of that. The. Also in the we're going to need a motion this morning to to batch we're about three weeks behind right now. we got five beatings left and staff tells me we have around five hundred items will probably be reviewing. Of and so. Things that we will batch will only be a date change owner. so of. That'll be the only thing of. Is the make a motion to back all items that are date change only. Okay I have a motion from German Wardlaw to batch that second I have a second all in favor say aye. Those opposed say no. And it passes. Also of we have a few examples for those who have not said in this committee before. Of. Okay before we get to that I listed item see I apologize us the listed items see. Of if we have something has special language in it and it is related to personnel I need a motion to send that personnel before we don't see that at all. I have a motion. I have a second all in favor say aye. Those opposed say no Senate passes. also list the we have a in your packet right there you'll have some examples of what we will hear. On the left you will have the agency's request on the right you will have the executive recommendation. Of sometimes they may differ. Of so there being basically six different motions if you can make. Of approval of the executive recommendation approval of agency request continue current language. Discontinue current language repeal the language. Are approved as modified. With that being said will move at this point to ET. Of this was referred back from the budget committee of it was a proposed special language from department of labor licensing and chairman Wardlaw will be recognized at this point to present that. Thank you Mr chair I think committees very familiar with the language basically what the language does is ensure the boards and commissions that they will not spend X. money that will cause them to have to raise their fees we will be sure the A not raise their. I'll be glad to take any questions Mr. See the eighty. Thank you Mr chairman it just to just a couple quick I guess comments I think it's great legislation in particular like legislation that we or are taking note of those that have excess of fund balances at least in excess of what they need for one year of operations one thing that I would like for us to do in and maybe it's something we do to future point but the agent the cash agencies because we passed pass cats agency budgets are used to like. with with very little oversight very little consideration but I think what we're finding is some of those cash agencies are are not raising of Freddie revenue to support themselves and actually in the and relying on general revenue and I just wanna make sure that we have some way to be able to track that and I think that's what's kind of proving out in the shared services again you have some agencies that aren't exactly just dealing with their own revenues but are relying on the resources of the state and and I think that's something we need to be aware of. German Wardlaw would you like to read respond to that. The. Yes Sir thank you I thank senator DISMANG has a good point and that could be the problem on the news that has been years since they raise their fees and we could be seeing an issue the other problem was is that if an A. had offered the services basically free right to use the word free and now they're being charged for some of the services and we don't do something like this language we're going to see three increases and solemn up to sixty percent I just don't think that's fair to our license holders across the state. And just to to respond to that quickly I agree and support of the language I'm not making a recommendation that we change it however I do think that we need to be aware because I mentioned most of this in this room we're not aware that there was general revenue going to these cats agencies in the amount that it that that it act actually was that these all of these services I did not know were being provided for free because as we know is members typically would you say these two cats agencies they find themselves will that's not what's proving out to be true the state was actually through my tax dollars your tax dollars people's tax dollars propping up a number of these agencies boards and commissions and so again I just think it's something that we need to be getting it to track with that we need to be aware of and that we need to follow so that we have a true understanding of when we're passion cash agency appropriations without much oversight that in fact we're spending job general revenue dollars in a number of different cases. Okay thank you senator. I agree. Six seventy two. A yes. So on the proposed modification to language for those people that have excess funds are fun carryovers. Out the. What I saw all that that was put out was that those agencies could spend more than their and take their proposed R. their forecasted revenues for that year if they had. Funds in carryover is that correct. Yes yes please. Kevin you're recognized. Thank you Mr chairman Kevin Anderson legislative staff yes Sir you're talking about the new language that was added to this from the original version is number seven. And what is what that is saying is that. If a border commission maintains a fine balance that they carry year to year those are recouped greater than one year of their operating expense then they can use that fund balance however they want they don't have to worry about the expenditure cap yes Sir that's what I was looking for at the last meeting so that's very good so those funds are not there not isolate or nobody. Correct yes Sir very good thanks. Okay. The other questions. Okay seeing no further questions. Of. I have a motion. A motion to approve a motion to have second. I have a second all in favor say aye. Those opposed say no. All right passes. Thank you Mr chairman all right. I will move down to the department of labor. And just Walden you're recognized thank you Mr chairman good morning members my name is Katie wall than ever in the bureau of legislative research this morning we're gonna be going over the department of labor request and there's only one piece of language that has is not included in the batch that shall just approved it is on page one. Of your special language manual this is their shared services language. You may recall this language allow the department to create a shared services regular salary section an appropriation section it is designed to eliminate duplication of services and multiple divisions and to allow the agency to be more efficient in their administration at their cabinet level operations it allows funding in positions to be transferred from each division for services that are provided to that division by the shared services section with approval by the Legislative Council or joint budget committee depending on who's in charge at the time. This language and as I said before was added to the transformation alive fiscal session and if you look on the second page it has a provision in fee one and two that requires legislative staff to remind the committee that this language was initially intended for one year to establish the shared services sections. The agency request an executive recommendation is to continue the language and the next fiscal year with the deletions of that subsections the one into which again is that reminder just that it is temporary language only intended for one year. Thank you Mr chairman those are my remarks. Thank. Okay are there any questions. Seeing none motion. Thank. Do you have a question yes. You're recognized hi I just like to just have a quick discussion on I mean there is reason this language put in here was to be a reminder mainly because the chair special language move transferred to us there's different folks in the position at a I mean would there be executive opposition to just changing the fiscal year date twenty twenty three and see one and changing the twenty twenty two I guess it would be twenty two twenty two a fiscal session in section two. That way to maintain the language maintains the intent of right was originally put their states and and it does provide for that reminder that at some point we need to get out of rolling this Ford. Jake could you answer that pours. Yes Sir I don't think that we would necessarily have a problem with that the original intent by the language was to recognize the once we got transformation shared services stood up the yeah I think was that at some point is that our Dismang is correct we would be getting out of it however you can standing it up we realize that we would still really need to be able to move positions around and if we move positions that will need appropriation and they regardless of the structure that it takes some kind of fund transfer language would be necessary so I don't think we would have a problem with the senator DISMANG is most. The Mister chairman I'm to have take questions but I'd like to make a motion that would make legislative recommendation to adjust in C. one to fiscal year twenty twenty three and N. C. to adjust the language to a twenty twenty two fiscal session. Okay have a. At this motion we have a second. Second all in favor say aye. Any opposing no. Good passes with opposition. All right moving the to the of labor department lasting until you and boards and commission I tell you what we're gonna do here if it's alright with everyone we're going to go through and in reading all in this of each one of these divisions. And if you want to pull one out will pull one out if you don't then we'll vote on them all together. There being no problem Katie go ahead. Thank you Mr chairman and the next piece of language is from the board of accountancy it is on page four. Of the special language manual a grants the board of a public accountancy the authority to transfer appropriation from their operating expenses promotional items and and in an amount not to exceed five hundred dollars each year this is to so they can provide promotional items to colleges and universities in attracting students they're requesting to continue this language in the executive recommendation provide to the agency request. Okay continue all. The Arkansas ABSTRACTERS' board professional fees this is that allows the board to hire an independent or private investigator is needed by the board and it just states that the board members may not act as investigators this was added in the two thousand nine regular session the agency's requesting to continue the language in the executive recommendation provide to the request. The board bail bonds company fund transfer language this language just states that the bail bond board may carry forward a balance of one year and for their operating costs in any amount above that seventy five percent of that shall be transferred to general revenue they're requesting to continue to language in the executive recommendation provide to the agency request and finally the barber examiners this and just states that the board of barber examiners shall not deny any application for the establishment of a new barber college on the basis of geographic proximity and they're asking to meeting the language in the executive recommendation provides for the request and those are all the boards and commissions. Is there any questions. Seeing none will be voting on Of the department of labor licensing boards and commissions. all in favor did you need to speak for the discussion. Seeing none the I have a motion. Okay have a second. Okay all in favor say aye. You pose seeing none passes. Walton workman's comp. Thank you Mr chairman on page eight of your manual begins the workers compensation commission the first piece of languages regarding investments this language gives them the right to invest with the treasurer's office and and the commission sets how the money will be allocated but they Bob investment through the treasurer and they're requesting can continue the language the executive recommendation provide to the agency request. The next piece of language on page nine this is a refund to expenditure this just allows them if if they recoup any funds for example if someone passes away that received a trust fund payment and they get to keep those funds that allows them to also re keep the appropriation and they're requesting seeking team this language in the executive recommendation provides to the agency request and finally we have the fund transferred piece of language and this is pertaining to the second injury trust fund as you all may know this fund is winding down on and potential claims and so this just give the commission the authority once all the claims are exhausted according to their actuary they can transfer all the funds from that trust fund to their permanent death and total disability trust fund to be used otherwise they're requesting to continue the language in the executive recommendation revised agency request thank you Mr chairman correct. Any questions. Seeing none entertain a motion. I have a motion second. Second all in favor say aye. Post. Seeing none it passes. A we talked about batching earlier right now we have the election boards commissions public defenders then drop down over public retirement you have a public service commission fishing game. In Arkansas transportation although only thing changing and these are the. Are the The date. we can batch all those with the motion. I have a motion to batch. I have a second. Okay any discussion on that. A give me a moment looking overview one pull one of these out then we would allow give you just seconds. Senate eighty you're recognized yes could you give me the pages again that we're going to bat okay. is the Election Commission board. This page two four and five. A public commission fifty nine sixty sixty two sixty three. Public defender commission skews me. Public service commission sixty nine seventy one seventy two. Game and fish commission twenty five twenty six and twenty seven. Arkansas department of transportation. One two three and four pages. Thank you Sir. Members there are two volumes that are included in your binders one specifically is for the department of transportation has a number five on it and the other is a game and fish manual. Those are separate from the binder. Senator DISMANG you're recognized for a question thank you Mr chairman and just a quick and I didn't get that I just didn't of on the R. dot the special language do we know how long that's been caring Ford minute is that pretty much been forever. I need to ask the US staff that. Senator DISMANG Billy parishes analyst for this agency and he's coming to the table. Billy pears legislative research on Senator span all the pieces of languages for participation has been there since at least the late eighties contract further than that but in everyone's memory they've been there as long as anyone to be around. Thank you. Any other questions. If not we're voting on the motion to the batch Election Commission board public defender commission public service commission game and fish commission Arkansas department transportation. All in favor say aye. Those opposed say no. Impasses okay we moving down the line public retirement employee retirement of Mr she recognized. Thank you Mr chair members were in volume one still this is page sixty four volume one that begins the special language section for the public employees retirement system. The first item is judicial retirement fund transfers. This language allows a transfer sixty three thousand seven hundred eight dollars from the judges retirement fund to the Arkansas public employees retirement system fund for costs incurred Mangini judicial retirement system a transfer is subject to approval by chief fiscal officer of the state the only changes are the updates the amount to transfer by three percent this is to keep pace with the actuarially as soon rate of inflation the sense that updated and the recommendation provides for this agency request. The next item is on the next page sixty five it's the state police retirement fund transfer section it's very similar to last we reviewed this thing to let the transfer of a hundred seventeen thousand four to twenty eight from one system to the other this is to for costs incurred managing the state police retirement system. the changes again on updates the amount that's by three percent this to keep pace with actually actuarially is in rate of inflation the senses updated and executive recognition five aids your quest all other items for apers I just have the changes. Okay. Any questions. Okay have a motion and a second. A second all in favor say aye. Those opposed say no. The passage. Okay moving down to parks and tourism. Mr pairs you're recognized. Thank you Mr chair down volume two so this is manual to on page one. The first section is similar to what the Early in its Katie Waterman overs shared services this language allows the department to create a shared services regular salaries section and appropriation section that is designed to eliminate duplication of services in multiple divisions within the department it allows funding in positions to be transferred from each division for services that are provided to that division by the shared services section with approval by the Legislative Council joint budget committee this language was added due to transformation last fiscal session it has the proficiency one and two to require legislative staff to remind this committee that this land was initially intended for one year to establish the shared services section age your question is a grim executive recommendation is to continue the language of the next fiscal year but the deletion of sub subsection C. one two which is the reminder it was originally intended for one year. The next item is on page four this is the promotional educational materials request and this language authorize the division to purchase up to forty thousand promotional educational merchandise from the maintenance and general operations line items in appropriation sections under authorizing the act there are no changes other than updating the dates and updating the names of the division of due to the transformation the exact recognition provide for the needs the request. On page five is the Arkansas natural resources council section and this language authorizes the secretary of the department to be the disbursing officer of any authority to other agencies for the national culture resources council a main street programs the late also stipulates D. actual expenditures reflected by the recipient agency moneys disperse arc counted as inter agency or enter intra agency fund transfers there are no changes other than updating terminology after transformation and up that in the sense that the second recordation provides for that request. Sure those are the of requests for division of heritage within parts heritage tourism. Okay thank you thank you bill. I'll tell you what it if the I could get a motion right now we have been C. one and see to that will appears six times here and issue striking that language of I get a motion not to read that again then we won't have to do that I have a motion the second. This is the language that you had requested modifications to senator DISMANG so the motion that German would like to make is that we go ahead make the modifications on all subsequent pieces of shares services language that we won't have to read each one of them every time they presented for every cabinet. Your okay. All right the motion section. Okay any other discussion. Thirty you're recognized. Right okay. The all in favor say aye. You pose a no. Okay it passes seeing none okay alright we're back on the the. Parks and heritage and tourism this is anyone want to bring out in one of these three right here in discussion. Seeing none I would in a the. The thank you. Okay do I have a second. I have a second thank you okay all in favor say aye. Those opposed say no thank you. It passes okay rona state tourism and state parks and tourism bill parish would you please. Thank you Mr chair of volume two still page six this begins the state parks and tourism division within parts heritage and tourism the first item on page six is parks budget allocation this requires report to LZ J. C. prior to July one on the plan expenses for each Parker entity with a comparison against the anticipated funds expended in the current year and the actual funds expended the prior year there are no changes other than updating terminology after transformation and that the the sense that exact recommendation provides for the agency request. Next item page seven is special maintenance. This language specifies the funds appropriated for special maintenance and conservation tax preparation section will be used for repair and upkeep of parties and facilities that have been deferred due to lack of funds in the individual budgets of the parks museums expenses require prior approval by LOCOG B. C. there are no changes other than updating terminology after transformation and updating sunset executor recognition provides for the agency request. Nicks items page nine this is cash prizes state parks this language authorizes the division to work much nice gifts and prices two contestants and special events and pay for these expenses through the maintenance operation line item in the parks cash fund the prices can action exceed two thousand the fiscal year again there are no changes other than updating terminology after transformation and up to the the sense that exact recognition provides for that request. On page ten is Mississippi River domestic international marketing plan and this language authorized divisions use up to fifteen thousand each year for implementation of the Mississippi River domestic international marketing plan from the great River Road expenses in the state operations appropriations section there are no changes other than that the terminology and of that in the sense that exact recognition provides for this agency request. One page eleven is purchase of uniforms of this length authorize the division to purchase uniforms for personnel staffing sports shows travel shows and other special promotion programs and specifies any clothing purchase shall remain the property of the division there are no changes and updating terminology after transformation and updating the sense that exact recognition provides for this agency request. On page twelve is tourism attraction feasibility grant program and this language authorize the division to make grants to cities and counties on a one to one dollar matching bases up to fifteen thousand a state funds per grant for feasibility studies for towards and attractions it also requires dedication Senate house members of an award in your district again there's no changes other than of the terminology after transformation and of that in the sense that executor commission provides for the agency request. page thirteen this item is employed contract this will be seen by the personnel subcommittee. So moving page fourteen small festival funding. this lady requires division to dedicate hundred fifty thousand for small festivals in Arkansas committees of less than ten thousand five hundred people any funds not cleaning out the fiscal year should be available for other tourism promotion efforts there are no changes of in that the terminology after transformation and at that in the sense that exact recognition provides for the agency request. One page fifteen is extra help again that item will be seen by the personnel subcommittee. A Mister those are all the request for this division. Okay. Would would anyone like to pull out one of these. Okay I have a comment here. Assembly to a committee just beer on page eleven we have heard from the agency and they inadvertently struck and tourism in their language so we're going to go ahead and make that technical correction in the database so that it shows up properly when we draft the bill. Okay. Any other questions discussion. Seeing none I would accept a motion right now with the this technical change on page eleven. I have a motion second. All in favor say aye. Those opposed say no. Okay I see no other business before us at this time uh. As a side we have from my understanding We have over five hundred pieces that were new to review and got five meetings in which to that of the injured pretty uncertain right now so I would encourage you to to be here so we have a quorum so it cannot be challenged our next meeting will be Thursday at seven AM so she me seven thirty AM. All right anything else come before if not return.