ALC-JBC Special Language

I think we're there. Chair sees a quorum. We're going to go ahead and get started for the day. Members we're gonna be working out of volume three today and then volume seven which is the orange book that's at your desk. As you're coming in can you go ahead and grab your name plate. There we were make sure that you also have the binders at the agenda is in the front of your packet again will be operating out of section three seven. the orange the orange book is the the part that's at the section seven related to a higher ed. And then the the other piece of housekeeping and that we have is the recommendations are being made by the higher education coordinating board and the left side will read institution request. Equipment there okay we do have a couple heirs just mentioned and said a you a massive volume seven page fifty five I'm sure we'll go over that again at the center for dental education not but not a bad stock item and then southeast Arkansas volume seven page ninety I will be heard by the personnel subcommittee. Our members we're gonna go to section be now all of these items or date changes and will be faxed. And we're gonna do a. With the quick overview and be happy to take any questions on those. Members the only change that we've got on the agenda is senator DISMANG mentioned is item fifty five it has a very tiny change on it that I missed during our review so if you open your manuals. The orange volume. Volume seven. And go to page fifty five. Can you rice is the analyst for the agency. And he can explain the tiny change that the institution would like to make the only the only change for them. And you're recognized Sir. Thank you Mr chairman Henry Reis legislative research so we're on page fifty five of the orange manual. And what this language does it's the UAMS center of dental education languages established as the center for dental education in cooperation with the university of Tennessee's dental school you a mess and children's hospital to facilitate the development of dental education and services for the state citizens. this language as originally been around since the two thousand nine regular session and the center opened in two thousand twelve an institution seeks to update the language just by removing the word new and the a heck B. recommendation that's Arkansas higher education coordinating board provides for the institutions request. All right thank you members we have any questions on any of the items in section be. Senate just one quick comment pay particular to the department military I think these been caring for for quite awhile and at some point we need to get to unless there's a another reason as and substitute language that In in the code red incurring Ford I'm assuming it may have something to do with federal monies that are coming in but again we need to if we could have a discussion on that at some point get this special language removed and turn it into a substance language. Are any comments on any of the items in section be. Seeing none all entertain a motion. The motion by Senator bond I have a second by Senator Hendren all those in favor signify by saying aye. All those posed with batch approve those items moving to section see. Members are moving back to the binder we're going to be in tab that says volume three we're going to start on page one with department of Veterans Affairs Kathy Smith is the analyst for the agency. You are recognized. Thank you Mr chairman good morning. as Mildred said this is Emmanuel three starting on page one this is for Veterans Affairs a few years ago we put in a special language that allow them to have contingency pool positions There are some of the positions and those are listed on page two of this Natalie this could be done through personnel and everything but in addition to that this particular special language also allows them to have contingency appropriation this is in order for them to if they need to ramp up open the more beds in their facility they can do that in addition to keeping this language the agency would like to add their north little rock that from time location as well as their bird I cemetery so that it would cover both of their homes as well as both of their cemeteries if they need to ramp up positions and again on page two of the positions that are available in this also provides appropriation the agency is wanting to keep this even though they've had not had to use it so far but they would like to keep this in their appropriation bill at this time. Thank you ma'am do we have any questions. Any any comments. A Senator Hickey you're recognized Yes and I'm just looking at this I guess this goes all the way over to page two is that correct yes Sir okay is that correct at the box at the bottom the provisions should it shall be in effect from we scratched through twenty twenty I'm sort on the next the next I'm sorry I didn't see it over on the next page thank you ma'am who. Thank you for that you have any other questions. Any comments. Under ten motion. With motion by Senator Hendren second by Senator bond those in favor signify by saying aye. All those opposed it's been adopted I will move on to the department inspector general. Members we had some discussion about shared services in the the language a change that was in the executive wrecked there was some adjustments made to that that was going to carry forward at throughout the rest of our hearings in in pre budget and so that is part of the reason we would not be going over there is again because I think we've already. Rather than re hashing that every single time because it approved it it comes up often just understand it were moving for that language with that you're recognized. Thank you Mr chair would that language that we're gonna talk about this morning is going to be on volume three page twenty nine FOR the department inspector general and this is the Arkansas fair housing commission promotional items language authorizes the agency to transfer appropriation to a promotional line items wine from the operating expenses line item and the requesting that this language to be transferred into the department of inspector general from the fair housing commission the only material there's there's not really any material change is exactly the way that it was when it was in fair housing it they're just requesting that it be moved and that they change the dates to a the appropriate ones for the next biennium and and that some explanation I'll be happy to answer any questions. Thank you ma'am members do we have any questions. Any comments. Six seventy two you're recognized for a question or comment thank you Mr chairman just a question as to the reason for the change I know that the promotional item special language gets talked about a lot as as in past sessions I was just curious as to as to the reason for that please date the Arkansas fair housing commission has become that was transferred as for through transformation and into the department of inspector general so they're just moving the language to the department of inspector general said that it's all together alright thank you. The Mr Speaker do we have any other questions or comments. Seeing none on a motion. The motion by Speaker shepherd we have a second by Senator Hendren all those in favor signify by saying aye. All those opposed it's been adopted moving on to. The page thirty one department transformation shared services. And you're recognized her. Thank you Mr chair our first these language this is on page forty four. This is building authority looking at the funding transfer general improvement funds this is an excuse me can you go to page thirty one thirty one okay this is the part transmission shared services this is their shared services language. Okay. Alright members we're gonna pass over at page thirty one. And move on to page thirty four. The. Forty four what other. Okay this language we're in building authority page forty four this is the funding transfer for general improvement funds this relates to the agency's sustainable development revolving sustainable building design program in a revolving loan fund this special language would allow the agency to use any funds made available from the general improvement fund this is a technical change to reflect that since we're no longer using to improvement funds this would come from the development enhancement fund instead. Next page is page forty seven this is their insurance department trust fund. This language is added and twenty sixteen during the fiscal session which would allow for a transfer funds from the insurance department trust fund to the division building authority real estate fund related to B. capital place building on. A sixteen ten. A was Markham the agency this language is no longer needed and they're asking for it to be stricken. Thank you I just a quick question on the funding transfer for building authority again going back to him and how long have we allow that transferred to carry forward is it being fully utilized and historically what transfers that we made. The we talk and pay forty seven page forty four and at that we have building authority at a to my knowledge the conversation with the agencies not sure if it's been utilized was there as a contingency in case the agency had received a general agreement funds for that that's correct and late all director to direct building authority and when they sustainable building design fund was set up there the funding mechanism for that was this G. I. F. funding as well as some are offending that came to the Arkansas energy office all that funding date get transferred into the fund and has been I used in loans that we've done this just maintains a mechanism by which we can get additional funds into the roof and to that revolving loan fund if we needed it that we have not had a need to request additional funds the revolving fund aspect is working very well we're able to continue to fund projects that are being brought to us for the for the does for the revolving fund so this is just flexibility in the future okay thank you and I'm fine with the moving for this however if we could have staff flag for the session because I think they'll be some discussions on the funds themselves. Our members you have any questions on page forty four forty seven FOR the department a building authority division. Seeing none any comments. Question seat eighty four yes Sir I just wanna know why we pass over thirty one was a specific reason for the I believe it was related to yesterday because we passed over shared server the the the transfer trained to transformation share services appropriation okay so there's no no requested changing the language the school committee future date as of right now on page thirty one. Well on just one seven mention that's the global motion what we've already done yeah. Say yes okay that's the that actually is the global motion that we made that brings everybody in line on the in the in laws that language that was request to be stricken by the executive they were leaving in there to to make sure that it's re visit with the chairs and that sort of thing okay to my understanding all right so. This is going to stay in affect the way it was whereas they did have it struck out that not running again and we so we made a motion global motion that changed all the dates on that A bill were thank you Sir thank you. All right. Any questions on page forty four forty seven. Seeing none now entertain a motion on both of those items. The motion by Senator bond second by Senator Hendren all those in favor signify by saying aye. All those opposed to doctor the moving on to information systems. And this is going to be page and tab three forty eight fifty and fifty one. You're recognized thank you Mr chair our first section on page forty eight with information systems this is compliance with state and federal regulations there are two parts to this language this is originally from ACT Fortino one of two thousand five our first item is required to direct a allows the director to adjust billing rates or issue billing adjustments to be federally compliant and our second part allows the director to have the authority to transfer funds between the IT reserve fund and the department right and services revolving fund for cash management purposes and the last part is severability language. The change is technical in nature where only replacing from before was the department information systems it's now being changed to see the division. Of information systems. Our next to the language this is on page fifty. This is gifts grants and donations this is from ACT twelve a one of twenty thirteen provides a specific authority to solicit and accept federal grants. For a. The nation's real or personal property and equipment. Let the direct to accept on behalf of the we now the division of information systems rather than the department and the second part also requires that the division will file shall file quarterly report on all these gifts and donations with a LC or GBC. Last piece of language on page fifty one this is new language it's a transfer provision for line items with the division of information systems operations appropriation. Senate after receiving approval from the chief fiscal officer and prior review by a L. C. JVC authorize the secretary of the department for information shared services to transfer appropriation between the line items in the division of division of information systems operations appropriation the best utilize resources this was brought up at instruction for the agency yesterday and our budget hearing where the example they gave was yes there's something to be fit in professional fees line item that would otherwise be sent through their operate the operating expenses they would transfer appropriation to professional fees to be more transparent about how their appropriation funding was being spent. Mister chair that includes our presentation for inventor making systems all right thanks Sir at C. twenty six you're recognized. Here. I guess is the question I always have when I deal with special language wine on page forty eight why but they're just not be a part of the regular order of business is it in order to affect compliance with requirements a state and federal statutory regulatory position provisions the director would have that ability why is that special instead of just a regular part of doing business. In the question in a hopefully we'll have an answer. And purpose chief of staff for TSS Senator I think I was actually around with this this language was drafted back in two thousand and five and it had to do was to litigation that we're having with the federal government and one things that they wanted to say is make sure that we're going to be in compliance in the future and we had a methodology to do that as opposed to how we they were operating at that point in time but if it's been around since two thousand five why is it not a part of your policy it is part of our policy but this all as a special language thing it was drafted in special language and continues for because it also gives a review process within this special language outside the department and they we all thought that was important at the time of that day of and I at that time. I guess. Question is what are we think this section language and and and have it and I will all right is is that something we can flag and then maybe have some language drafted if you don't mind getting with the member about having that done so we can have this special language may stop caring for every year alright thank that fair enough. C. eighty four. Yes thank you Mr chairman may be the staff all pages fifty one. This transfer right here. We're just allowed under the the. Shared services to do it normally in the past what would happen that would come before peer is that correct if I needed to do that. Yes Sir okay so. How does how does this provide more oversight because from my standpoint we're just going to allow them to do it and I see that we have prior review of. Wait counsel in there so they've got to come before the council anyway why do we not just continue to take it take it before peer have the request and then it'll be approved through a LC. I'll have to probably a conferred with. Because I don't think I have the authority to transfer between appropriations Kevin probably has the. A better understanding but that's always been my understanding I don't have the authority to transfer it thank you. We your what Kevin's is. Yes Sir you're recognized. Thank you Mr chairman Kevin Anderson bureau of legislative research this is a this is more allows additional flexibility than the agency would normally have the BCT budget classification transfers that we get in peer deal with in the single appropriation this allows just as you said for them to transfer between two different appropriations so it's a he gives additional authority to the agency right and and that's what and that's the way I understood I don't know if I wanted to give that was the reason I was question it what what would be that procedure right now if they wanted to wanted to do what they're requesting that have to wait for session to have that in like the budget manuals now were the General Assembly approved it okay so there's no way to do that through peer if not one from different line items not not like this language allows this is this is additional flexibility for the agency okay thank you thank you Mr. At this real quick one question over they still would have to go through peer to have this transfer approved. Not as a language is drafted. And I think we have a comment for Mr bleed. Good morning it if if an agency when was lacking transformation the appropriate place I think the intent to this is to move that appropriation from elsewhere within the bill so you don't have a net increase but not absent this kind of language the solution would be to come to a LC or appear and seek the additional appropriation to the traditional cash letter or a temporary appropriation holding request that we see a lot of times and in Kevin I think I'm reading this to say they did does require prior review of Legislative Council maybe I miss heard but my understanding is this does seem to require ails the approval my reading that right it's review not approval yes. Review your right. Check thank you Mr chairman I'm sorry I just started a yet this does this will go before ale CJ B. C. for prior review before they make the transfer so I misspoke on that I apologize. Sir Hickey. So it within follow essentially the same process we have in place right now our or some process that may not yet be created since it's a. We do do we have a mechanism places that requiring changes in a L. C.. To allow that we we will process will this add an item to the pier agenda if the all decide you want to approve this that shows whenever they want to make a transfer between appropriations okay. Do any other questions. Senator Hickey recognized okay so. If I understood Mister Billy correctly though there is a there is a way that we could do it through like a cash later now so that we can get it done. Does that actually require approval instead review. Some of it yes Sir it does we have what would Jake is saying and is. If we don't allow them to move appropriation between two different sections then they have to come master's for additional appropriation and when they do that it does require approval if they use. That that mechanism that's in place now. So you're sorry so to answer your question yes they do need approval this requires review but with the approval they're getting additional appropriation with this review they're using what they have been moving around that makes sense. Thanks for. All right thank you the members we have any other questions or any other comments. All right seeing none I wanted ten a motion on information systems. I have a motion towards the front and I have a second by Senator Hendren all those in favor signify by saying aye. All those opposed all right each one of those items has been reviewed moving on to Arkansas tech in this is never going to get into the orange binder. Page eight anyone's binder. Sir you are recognized. Thank you Mr chairman Henry Reis legislative research as the chairman said we're on page eight of the orange manual volume seven. This is the Arkansas tech institute language this language outlines the goals and priorities of the Arkansas tech institute which is under the auspices Arkansas tech university among its listed disciplines the institution request adding agriculture healthcare and technical programs talking to Arkansas tech staff the institute is an unfunded concept at this point. And Arkansas higher education coordinating board recommendation provides for the institution request. Thanks Sir to have any questions or comments. Just one quick one is this something that we should only change here's a something that when you change elsewhere. I was wanting in special language because it's not funded at this point that's my understanding okay. I thank you with me questions or comments. Seeing none. Under ten a motion. Motion by Senator von second by Senator Hendren all those in favor signify by saying aye all opposed motion passes I move in on the Henderson state university page ten eleven and twelve. You're recognized Sir thank you Sir so on page ten the community education center funding language that does not have any changes so that was previously batching should not of was inadvertently put on this agenda under conditions state. So if we could continue to page eleven. So this is the Henderson state university and college of the Ouachitas cooperative agreement language what this language did it stated or first of all the agency the the institution may request that it be stricken I should start with that the language states that in Clark County the college of the wash Tosh shall not offer classes that Henderson state offers and that they'll meet with Henderson to avoid offering credit bearing programs to avoid duplicating efforts and in light of Henderson state and college of the Ouachitas which is now ACT three rivers joining the issue system and no longer really being competing institution the institution they no longer request this language and a heck B. that's the higher education coordinating board provides for the institution request. And I will say that later in my presentation will have an identical requests from a issue three rivers. We're moving on to page twelve please. Still under Henderson state this is the lone language and this language last session allowed who Henderson state to request six million from the budget stabilization trust fund for fiscal year twenty twenty that loan is to be repaid no later than the end of fiscal year twenty twenty eight or is decided by the General Assembly and the status of this land shall be presented to the Legislative Council or GBC each year. The institution request removing the language regarding the loan of six million as this one time loan has been made. And they also requests adding a line of clarification about the loan identifying it as a as a loan from the budget stabilization trust fund. And a heck B. recommendation provides for the institution request. Thank you Sir do we have any questions on a ten eleven or twelve page live at ten eleven twelve. Numbers just so you know there's and technical changes on page twelve you'll notice that the under one language diss budget stabilization fund we're gonna at the word trust to that sort read correctly to identify the fund we're going to add some sense that language to this. Thank you a Senator Hickey you're recognized and and that may have been exactly what what I was going to I have no problem with this and I remembers doing it I just thought that we put what are what I call a balloon on this thing in other words it would. Mature and I thought it was before twenty twenty eight. Is that is that correct. Wasn't wasn't we gonna part we was and I say what I see where it says the legislature will. Can look at it at any time but I thought that we had come up with some form of it said that the note would balloon that we look at it in three years whenever we previously did this. I am certain we have somebody here that can help answer that question. Reluctantly. Thank you Mr chairman Shang Broadway with issue system Senator Hickey I think there was some discussion about that and I think the we ended up saying twenty twenty eight but that we we would Henderson would would produce provide a report every June tale city and then obviously. L. C. R. J. B. C. can. Do anything they want to do between nine twenty twenty eight to move that forward based on those reports but there was discussion about a balloon reevaluating but I think that's where we ended up doing report every year instead okay again I have no no issues with this and thought that we should do it I just wanna make sure that this language was consistent with what we have done and to be honest with you that it didn't same consistent but this state existing language from last session from or from the fiscal session. Okay again if that's the way it is then I'm fine with Mr chair. I think Sir. Moving on to see seventy two. Thank you Mr chairman in my question relates to this the same language since we were striking the language actually defies the loan I just wanna make sure is this the only loan from the book budget stabilization fund to Henderson state yes yes Sir thank you. Thank you Mr Speaker we have any other C. ten. Yes Sir you're recognized that. Thank you Mr chair this a Broadway keys speak to page eleven a strike in all the language between Henderson state university and college of the Ouachitas in and tell me the impact of of what this would be on what works first of all tell me. Is there is a college of the Ouachitas in. No spoon we're representing them then I'll issue three rivers. Reporter they issue system. I give you I can I can understand why you strike in this language it is a quick history actually this we say this is some my best work. She hated this language in the middle of all nine of the bin Kroger on a Saturday morning. We have a dispute going on between the then present the college of the Ouachitas in present Henderson state university that was. Rising to a level that it didn't need to in one was trying to enter into the other ones territory and so we. Upon them both on the phone on Saturday mornings of this is going to end here today and that's how this language came to be but now that both Henderson and issue three rivers will be part of the same system of the system office will be able to control those those kind of situations enters only for the language okay I understand thank you thank you Mr chair thank Sir. The seventy two thank you Mr thank you Mr chairman and just to to go back for clarity and and I don't have a problem with this language but with regard to the loan repayment of a look back and according to news reports originally it was supposed to be repaid in June of twenty twenty correct we did extended and I take it by this this is the date we extended it to is that correct that's my recollection of the motion Mr Speaker okay thank miss one the language is written the way it is. I thank one last question we had is what is the balance of the loan this point six million six million. Certainly Pandemic deserve an impact on Henderson state university's ability this year enrollment and housing has taken a hit so certainly. We're working on a long range plan revenue Chester on board Jim bore six some of you have met him he is a strategic group on campus we're going to each and every program each and every office on campus looking for ways to reduce our expenditures and bring our expenditures in line with the revenues and then proceed down the road to being able to to pay the loan back to the state. Thank you Sir I'd we of the any other questions or comments. All right I'll entertain a motion related to interstate of the items for initial take Henderson state university. Motion by Senator von second by Senator Hendren all those in favor signify by saying aye all those opposed motion passes. Moving on to page twenty two you may. You're recognized thank you Sir. We're on page twenty two this is the buffalo river watershed monitoring language said institution mentors to request this language being stricken and they don't want it for the next biennium this is not reflected in the manual but this is what they have requested this language states that the appropriation and funding of regarding the buffalo river watershed monarch during is to be used to monitor swine farming operations within the buffalo river watershed on behalf of the department of environmental quality. Institution no longer request this language in a stated its watershed monitoring activities have concluded and the final report regarding these activities has been issued. Division of agriculture did not the cat requests the appropriation section which has a company this language and the a heck B. recommendation provides for the institution request. All right so members were going to be a motion to adopt the amended adjusted institution request which is distracting language. With any questions. I have a motion for center Hendren second by Senator bond all those in favor signify by saying aye. All those opposed. And moving on to the you have a medical sciences page fifty three in your. Thank you Sir on page fifty three this is the UAMS adult sickle cell disease program language. This language establishes the adult sickle cell disease program to develop treatment care education and training utilizing the area health education centers this also states that UAMS will not be responsible for funding the pro for for programming sees me route responsible for funding until the legislature appropriates and funds the program and the change that you a message requesting is that the program is nine years old and it's they don't really consider it new so they're getting rid of of that in the new word as well as as another entity and they also update to reflect institute for digital health and innovations name change but you can see a little bit further down paragraph and they had me recommendation provides for the institutions requests. Thanks Sir do any questions. Any comments. Seeing none we have a motion. Motion by Senator Hendren. I have a second visor. Senate Johnson all those in favor signify by saying aye all opposed motion passes moving on to issue three rivers and this is related reviews language in is on page eighty nine. Thank you Mr chairman this language the Henderson state university in college of the Ouachitas cooperative agreement it mirrors the previous section that we discussed in this meeting this is just from a issue three rivers and because they're it that's a issue three rivers in Henderson state or both under the auspices of the Arkansas state system of the for no longer requested this language and they had to be recommendation provides for the institutions request. Thanks for the explanation I'd with any questions or comments seeing none we a motion by Senator Hendren a second by senator bond all those in favor signify by saying aye. All those opposed motion carries moving on to the final outcome in our packet southeast Arkansas college. I'm sorry that one actually is going to personnel our next meeting is going to be November fourth at seven thirty AM we have any questions or any other business. All right seeing none with that thank you members for your time this morning we are churned.