ALC-Administrative Rules

Comment and will check the sign up sheets here momentarily so if you're going to speak on any rural place please sign up again comments from the culture. You encourage no comments hard here we go. Reports of the executive so committee concerning emergency rules we didn't have any and then reports from alc so committed concerning review of the rules we have no report this month from the executive serve committee oriental season committee concerning the rules review the rules. All right report on the ministry directed percent act twelve fifty eight two thousand fifteen court enemy. And in september thirty twenty twenty three so next we'll have the quarter report on administrative directives and of unless somebody. Do any members have any questions of the department of corrections or the pro board if not we're gonna dispense with calling them to the table. No new directors any members want to have met the table. See none we're gonna move on there from that were down to e on the agenda. The. Came in our nerve and d without objection to report be reviewed and found. Were under round e at our last mean the subcommittee helped the department there cultural industrial heap rules until could provide financial information that have been requested as a department provided that information staff and it was emailed to last week hard copies also including a pack today however the agency has since requested police rules down from consideration due to ongoing litigation so will not be here in these rules today all right going on to f agencies for the month and so we're going to start off with the arkansas ethics commission when it graham slowner representatives to the table please and if you would name entitled for the record. We'll go on. Yeah. Thank you chairman hammer my name is graham sloane the director of the architect exclamation alright members want a page six rules on ballot and legislative questions will be agreed. Yeah. I'm briefly state that there's a result of lastpass during the general assembly earlier this year we had revise. At eight second rules and they're here before you today I be. Happy to move them and briefly explain number take questions when I have real one to do it all right the two um we're going to take water time case members having questions alright do any members have any questions on f one a which is the rules on ballot legislative question committees. All right without objection this rules reviewed and approved on the roles on campaign finance and disclosure which is on page seven rammy having comments about that there were looks like four accident necessary change then these rules the first one was act for fifty five which raised the back contribution limit from five thousand and ten thousand so where that the five thousand dollar contribution limit was referenced it was changed to ten thousand at seven fifty three had monthly reports that used to be fifteen days do fifteen days after the end of the month it raised extended out to twenty days and then the administration threshold. I was raised from fifty dollars to two hundred dollars the act eighty five and dealt with the quarterly report for remaining campaign bonds and the report for the fourth quarter of the year the election isn't do unless there's been money span and then at three o seven campaign materials are required to have a disclaimer of saying who paid for room and if it's it if them if it's campaign two sided campaign sign that disclaimer needs to be on both the ads of the same. And that's that's a summary of the change is there some cleaner up some of the internal satasians in the rules the rules have been changed and so there were some internal satasians that needed to be cleaned up a little bit and then i'll solve the statute said been there being changed in the statutes and yansons and for example that something that used to be so division ages now subdivision of the age of stains to. Just a little clean up stuff like that all right questions represent world thank you miss chair graham I know you didn't think I was just going to sit here and let this go right. Yes i'm here i'll always want to thank you for putting the ad complaint form online and getting that handled the way we ask you to do it back to your session and you did it you even beat some timelines have you seen it yeah I know we're only all day or two in now since farling but have you seen it being used yet at all. We really hadn't had an app taking complaints and then II can't say that there we move when they come in and i'm not sure where they got it so that I can't tell you for certain that somebody is used the online complaint for but we've referred people to its people are calling and ask for a complaint form will tell me it's available online i'm not asked for something here open staff listening to me. Less start at the first year and and at the end of every quarter start in january one give us a report on how many complaints come in next year during the year because what I want to do on a follow that because I really took it to heart your test mind your session right that you're worried about the complaint staff levels being able to dress more so if you don't mind it the in every quarter start in january one just send a small letter into council that will file in the council report on that month that it will show us how many points come in that they were dressed or staff levels were adequate you know that tells what you did I don't see the complaints and say also just want to see that either it was more or was less hard that you guys had adequate staff to address them is that fair sure thank you thank you mister welcome any other question on b they were the objection as rule is reviewed and approved a comment on c rolls on conflict. This end rules was. Amended to add language about conflict of interest by a school board members in the end uh and then also there's a problem on school board members essentially break in the law at school advance and so they were revised or remanded to incorporate them incorporate those two changes. The. Going back to representative wardlaws request will what you provide under his request incperiod. All these. I have complaints to be filed for could you had that one to the list yet if it's a complaint we're going to renew we're just going to prepare report of the number of complaints received each counter court and that would certainly include any vowed under under that okay representative mister certain and thinking about it we'd probably need to see historical for the last two cycles on each month reports what it looked like and that first quarter under twenty twenty two and twenty twenty and watch that all the way throughout the year and missed chair i'd be happy if you want that report come to rules I would but we have a place in council for reports and I was just going to put it in in that that section no i'm totally fine with it going to your co just want to capture any of any of the complaints make sure that it applies to everything and I wasn't clear i'm wondering as for so just want some clearly but totally phone it going to doc thank you thank you represent cosor. Like miss chair the slow and app on sea on rules come like on school board members got a situation and gone account you probably have heard about it about a school board member that ran for a jp race was elected. Served out his term on school board but ran again for school board and was elected again. That does count a go against ethics rules is that my correct one there i'm not sure if I understand you're saying somebody that one eligible to run did run if if if i'm not mistaken if your own AJ p or core court you could not run again what's your term is served just like with same thing for us up here but he did that on opposed and was reelected to that position is that though him in two and ethics violation or to somebody have to complain to make that happen I think that would it would really go to their else building your qualifications to hold office and then that that's not under our per view the all right that was my question because I he's still doing both so. Thank you in a questions and see. Without objection as rules reviewed approved. This is the rules of display on campaign literature on vehicles on campaign grounds in it was based on statistically provision that was repealed backed for fifty six and so this this and rules since the last night longer on the books and that decent rules was just repealed in its entirety and questions members. With our objections rules reviewed and approved as an independent expenditure yes the to my understanding that be large work and honor code of rules it's going to have all the agency rules. In it in we made some changes to the format of our rules uh part their suggestions would want to get incorporated into that bigger sat so there are some changes in there that are just what i'll call stylistic. Intended to make it compatible with their code rules the there are some changes for from act seven fifty three the reporting trigger for an independent expenditure committee was lowered from five hundred two hundred the item was stationed through our shows were raised from fifty to two hundred and so those changes were made and then at three o seven put independent expenditure committees on the same reporting schedule as candidates and so there now you know the point the reports are dues men changed to mirror that the the portuguese same to happen to do from candidates and questions members. Without objection as rules reviewed and approved f rules on local option about question committees the main change here was just the definition of pack was revised to show that the contribution limit went from five thousand and ten thousand and there was just some minor clean up back to just the internal citations the rule of the rules have been renumbered a little bit ness of the internal citation for off and over the statute to changed inside the non statute number one wrong but the subdivision might have been wrong and so we clean that a. A questions member. Objections rules review improved just a statement in less I state that somebody has signed up speak for against a bill you can assume that nobody has spoke or signed up to speak for against any bill we got one later on but just for the record nobody signed up to speak for against these rules and were under g rules on political committees the. These are the pack rules and so the act for fifty five change in the confirmation limit from five thousand and ten thousand that changes been made at five fifty two. Under that. Oh act packs are no longer required to register annually so the rules rather than rechange to reflect that change in the fifty three that was a threshold on contributions went from fifty to two hundred and then the act three or seven pran material disclaimer has to be on both sides of. Okay and questions on it members the objection the rule is reviewed and proved and h this is the rules practice procedure act seven fifty three contained what i'm going to call at three strikes in your out provision if somebody files three reports late they don't fix it within thirty days of the original due day that it's a mandatory thousand dollar finance unless good cause me shown and then the act seven fifty three also spelled out the procedure method of our complaint in that procedure is men added to these rules. Okay questions members. Then with the objections rules reviewed approved preschedule being here today thank you up next architectural public service commission and mrperiod werban. Resporting mr carton come to the towborn. Name entitled for the record please. Members were on page eighteen on the net metering rules good morning off you would please name entitled for the record. Abdul web chairman of the public service commission. Ballary boys chief administrative law charge public service commission with cars attorney for the arkansas public service commission good morning you'll go in present please thank you miss chairman let me give a brief summary of where we are before you today or the art so published service commission's net metering rules which were amended and response to x two seventy eight of twenty twenty three the call shifting prevention act of twenty twenty three after receiving preliminary comments from stakeholders the commission proposed amended rules in june. Then receive further comments on the proposed amendments combinating with a hearing on august thirty first twenty eight parties participated in the docket including jurisdictional electric utilities the university of our console system and the arkansas advanced energy association order number seven adopted amended rules on september twenty ninth which incorporated further changes in response to the party's comments. There were no requests for rehearing the emphasis that there have been no request for rehearing and no appeals of the commission order at that time has expired. Currently the utilities have filed revised net metering tariffs to incorporate the provisions of the amended rules and the commission is required by two seventy eight to approve revised tariffs by the end of the year. That we would be glad to answer any questions it member saving questions. That objection rules reviewed approved thank you thank you mister chairman thank you members of the committee alright next we got to port funny administration arts all racing commission. A good cambodia freeland and why they're coming I need a point of clarification. Mr skip bell you are signed up to speak for could you raise your hand in the audience where you are put out their clothes. Um you speaking on all of them are you going to do a one in all comment abandoned here to answer any questions into a represent oakland on their general council i'm just here to answer any questions help barn and a note that these rules are supported by oakland and the arkansas horsemen's association that is the organization that represents horsemen trainers and horse owners at oklahome okay thank you it was a specified on sheet I just want to make clear to there and we're going to take that as your name and title for the record and if you would please sir name and title for the record yelk and go ahead and present my name is barring free on the attorney for the **** a racing as mr evil said it's a rare time we would ever come for this are you with it said a rules and have not been approved back in the horseman each year we encourage the track in the horseman you come to the racing commission to her rules if they want change for the upcoming rating meet and so the racing starts to december the test expert in these are the real proposals proposed changes made by the horseman in the track for the upcoming racing meet. And we've done this each year. I can go through each one if you want me to say what do just a real brief summary short with a and let me just systematically check them off which we go but if you just do brief semi only china because of preself explanatory in her package okay rule eleven fifty two is designed to cover sam or cash racing sam or cash racing is raising this on tv at oh from other race tracks like churchill down to another places like that people wage around the same as I do they'll have racing so it's animal cash raising god didn't have these rules that you had cash for taken within a hundred and eighty days and so we passed a rule saying this person who bets on samuel cash raise most do the same thing somewhat better betting all i've raised they must present to take it for paying within a hundred and eighty days if they do not state law says it goes one third oak on one thirty state treasury in one third of garden county members and questions. The. Represent my clending. So. Okay now go thank you chairman I had a question on. Rule twenty eight hundred. Only get there sorry. I'm on which rule the fourth one okay will be there just second so i'm. Just right back up and i'll get you first when we get there if you want going push button or any other questions any questions on rule and fit to. Which objections rules reviewed and approved and now on to twenty two sixty. Twenty two sixty as a request to for approval of the stake races it will increase the purses it goes up approx one percent of some cases which is set out in the the real itself but it is it increase in the purse as his first has in payments for people who enter the state's races. This would propose again by the horseman and by representing my cleaner you want to push a button how recognize you if you have a question. The. Okay okay. I'm sorry are you on asked question on twenty eight hundred is that twenty one question representative okay sorry I in questions on this one. With our objections rules reviewed approved twenty four forty four. Twenty two forty four deals with claiming and traditionally i'll call it had a great deal of climbing activities sometimes i've heard it says more claiming there is any other track claiming is for someone uh here's their horse and a claiming race and then people are being on that horse and put their their name in the claiming boxes drawn at to see who gets the horse so the horse on a ship changes. And a what we've done the owners want to get a claiming preference if they had a horse claimed it's oakland and they would get a claiming preference and these are some real changes for their this is an older year's horse claimed or no clock current racist she'll be award one claiming preference in a claiming preference means they have a preference over other people who are claiming horses in that race. Claiming for claiming for efforts are vowed the next day. And in the. If you desire to use your claiming preference you have to check on the box is for our stewards in each year fill out a form with a stewart and you you check it in one exercise you're claiming for efforts. So it's relatively simple rules of three changes or members and questions. The objection is rules reviewed improved twenty four forty eight. I get fifty eight. Thirty eight excuse me. Oh again this is a deals with claiming in the currently when a horse is claimed in ocline they can't read another rice track with in thirty days. And this is at the end of the meet in the old real you can if you reclaimed into the s fifteen days then you you could you couldn't run another another tracking now extended to twenty one days and claimed the last twenty one days and oakland you're accepted from the requirement that you can't run another track for thirty days so is it shortly to twenty one days if you're if you're claimed in the in the last twenty one days of the race members saying question senator. Stubblefield. Thanks chairman yet what was the reasoning behind each time in these claiming a claim I wanted to be paid filled here once again. Sir would you mind turning off your mike we get a little feedback that clears it up there thank you thank me german it what was the reasoning behind each time in the claiming period beyond the. The one we had in place it's really just to take into account that we normally now race through days a week friday saturday and sundays and sometimes will raise four days a week on a thursday whereas we used to race can a five days so this can it just keeps the time period the same given the number of days we race a week if the the prior rule dealt with racing days and this rural deals with calendar days so if you cannot do the math if we were racing five racing days a week it would come up to the bout the same of what we're doing now with twenty one calendar day so that was the the purpose it's to take into account that the number of days were racing per week is journalist up fewer than we raised in the past are are racing season has extended to the december to may and we but we raised generally on friday saturday and slendy instead of to to tuesday through sunday for example as we did many years ago and then include all thurbid direct cross country. That's correct this is a rule that it actually is this the the rule where you can't race at another race track for thirty days after the horse has been claim is consistent with what the rules are in in other states as well okay I think it was chairman. Any other questions members. Alright with our objection is rule is reviewed and approved and run to twenty eight hundred. Ro twenty eight and entered his own rule the history positive wage reading and there has been some talk with these they started doing this type of best one in other places about someone getting on a device or a computer there's not eighteen years old or who's not authorized it to be on it in these rules are designed to ensure that only the person who is approved back on is only vast deposit wagering so it is a new rule of. In. With the purpose but had it is is for security to make certain it only the person who has the account out is able to wager if their passwords it has a code or a way they can change ausport to they forget it but it it requires a track to to have a a firm work with my best on security so that we can keep people who are not license who do not have the account wager they're not proved and they can't bet on these accounts so it's an attempt to to do so attempt to do security on it yes advance deposit wagering. Just these rules these rules parallel rules the job recently approved on the sports wagering side of in the casino rules yup approved a rule that's almost verbatim to this and so this just tracks the rule that relates to a sports wagering determining those accounts as well there is a difference in the age that agent placing wagers are horse racing its eighteen whereas the the casino rules are twenty one but otherwise it tracks pretty much verbatim I believe that the rule you previously approved on the casinos that all right represent the mechanic. Yes thank you chairman thank you mr freely mister carable I do appreciate you working on this I think we've worked on this for several months now and so I do appreciate your surfal through and making sure that we have these age verifications in place two quick questions one can you just tell me what system you're using for age verification or have you determined that yet. I don't know the specific system but that they use but they do have they have a system in place where believe a third party provider that does that verification okay and then just a second quick thing it looks like there's a a type of that needs to be corrected on a f four I believe the word should be permitted. The. She'll only be permitted to have. Do you see that. Is it f yeah under f four it says a patron shall only be permlitted permit permitted yesterday I think that's what mounts is oh mine says from letter. A patron shall only be permitted to have one active player eighty w account at the time that's what I think it should be my my version has a completely different word in place sorry no it's all good as long as it's correct in the law that's what we need thank you thank you very much it does say permitted sir the proposal that I have does a permitted okay. Alright any other questions members thanks for the kitchen. Then without objection as rules reviewed approved precious i'll be in here today thank you thank you department human services county operations. The. The on page twenty seven mem. Morning if your name town for record please good morning i'm mary franklin director of the division of county operations department of human services mitrous stuffstaff ds okay we're on the will act section one or three please. All right this rule is to comply with the federal ability also known as the achieving a better life experience able accounts. And it removes the ceiling of a hundred thousand dollars. A for those finds in those accounts to be encountered as I said in determining eligibility they there should be no ceiling so we are correct in that and there is no fiscal impact on this. I know public comments in questions matter. That objection rules reviewed approved and on to be the supplement of nutrition snap program yes this rule is to implement the physical responsibility of twenty twenty three which changes the snap requirement to work for able bodied adults without dependence what this law does is raise the age that that requirement to work applies to incriminally year by year up to age fifty five in it also add three new exemptions to that requirement to work wine being for those who are homeless the other being for those who are veterans in the final one being for a dot two aged out of foster care at age eighteen until they turn twenty four and we did not get public comments on this rule either in the fiscal impact is that you see is from system changes to implement this rule and other than that we feel like it will be budget neutrals because although the age limits are raised there are new exemptions being added so we feel like that will be budget neutral. The result there's a law on the books that have somebody ages out at eighteen but then they want to. Come back is did you say foster care would you say it age eighteen yes this is that is a new exemption being added to the snap requirement to work if you age out of faster period. Then your exempt from the snap requirement to work until you're twenty four. And if they want to come back into the foster care program because there's there's a lot of the books that they can age out the each out of eighteen they can go first here but then if they decide no way to want to get. Get back in. Does that have a bearing on this that's different are thank you all right any questions members. They without objections rules reviewed and approved thank you thank you. Six department human services off chief council. Name entitled for the record please. Metro stiff staff dhs somewhere fall can be re cheap all day office of appeals in the hearings okay you would please present sure so the administrative procedures act was amended during the last session to allow the office of appeals and hearings to send decisions out electronically if the parties were questioned this rule will essentially make our internal policies and procedures consist it with the administrative procedures act. It will remove the requirement that we send any notices for defective appeals untimely appeals or for our decisions to be set certified mail will now be allowed to send them electronically at the request to the parties or be a regular mail to and there's no cost it's actually a cost savings to do any questions members. What objection rules reviewed approved thank you thank you department parks heritage or on page thirty nine members. Good morning if you would please name a time for the record. Martyrial director of literally the first part series in tourism. Susan grab buyer cheaper staff department of parks here did in tourism. Mike wilson manager of operations for the division of arkansas state parks within arguments all department and parks heritage and tourism. Tremendous from dfa here for a. And if you are workpleased go ahead. So act six fifty five of the twenty twenty three regular session established a law that the division of parks in coordination with the secretary of the department of parts hurts and tourism established processes for the secretary's approval ministration sale of alcohol and state parks. Previously some parts are required to obtain a private club license or have some other type of the on premises permit the new law allows for a uniform procedure to be established state wide and state parks it also establishes a permanent process for the sale of alcohol state parcel for events such as by graces and weddings in those kind of things some of the major events the state parks were at a competitive disadvantage competing for national events without the availability of revenue from alcohol sales which is often the profit margin within some of these major events that we compete for in a new allow new law allows the process for those permits then we have two repeals you make top better wait mr chairman catch it all now that way we'll get all the questions at one shirt so we have two repeals of first is that uh the twenty twenty one rates and these are within the parks x six fifty two twenty twenty one a repealed the rates being set by rule those rates are now sit through the state parts recreation and travel commission but they are still reviewed by legislative council so those rules are obsolete and being repealed in regard to the wildlife objectivation trials polite program these rules also are obsolete this is a program that operated back and forth we are twenty ten and twenty eleven and the there has been no funding since that time for for this program and so those rules are up for a repeal. Okay senator love. Thank you miss sure I just ahead of question in regards to the color them alcohol permeating what is the liability is there any liability in regard to that self safer instance. We sent out a hard to someone. Somebody runs over a kid is there any liability to the state where we're there I mean how's that helmet. Yes sir within the state of article currently our permits or through a non profit and there is liability and insurance in place with our current club licenses okay but with the new law that liability from what I understand would follow traditional pass of any claims against the state of organs i'll probably go through claims commission. Okay so then do you do you see any increased liability with us pass it or I mean it's just a laws already passed I guess. Maybe looking at any unintended consequences of the law do you see that there might be a potential or any increased liability with with this law pays person no sir i'd like to add to the last question two if the permit is allocated to a concession area that they would be held liable through the permit issued by the secretary of our agency but no sir it's been my experience you know working through the park system net having control of alcohol and the training and and the monitoring of the alcohol that are current traditionally over the arm. And for fact over the last seventeen years we've had no issues and we've been able to monitor and and not allow those circumstances to happen and I don't see any difference I have moving forward with this so do you do you are tracked like the number answered this is maybe maybe internet was like that who are or somebody may be may get intoxicated at a part there are any. Anything that that cannon. Yes sir if anybody is over intoxicated which we really aspire to be a family friendly park first is our ultimate goal that if any situation like that occur generally through our department it would go through our law enforcement section they would be called to the their on site they would be called to that location I don't have any numbers but I do know for my experience and I read most of those incident reports I don't remember any coming from our current club licenses our current permit. Okay all right thank you thank you mischief is her on ask a questions. The. The industries more because there's quite a few comments that have been given an emails have been sent to the so just want to get it out the opening give a chance response some of the things had been dressed. As far the public being prohibited now from bringing alcohol into the parts where these licenses are going to be issued or potentially be issued is anything that prohibits the public from bringing alcohol into those parks now individuals. Based on the permit and we're going to follow the same structure we always have with abc and the rules applying to the permanent there is no alcohol allowed and those permitted areas that doesn't come from a license distributor controlled back you know within our permanence that each one of our locations okay the me let me back up take no right show me shows up at the park where these rebe issued and I got a camper they're going to recoration whatever the is there anything prohibits him from bring alcohol on to the camp onto these sites now not where they're going to be permitted but i'm just talking about in the general area and no sir not at all that is considered there their area they lease that you know they rent that area so they're allowed to you know to parade alcohol within that area as long as they follow all other state laws rules and race and then the questions been raised by some of the public is the matter of the constitutionality given the fact some of these are gonna be dry counties which are just speak openly to that in address that please. The. The only thing that I can add to that is. That you know the bill was submitted in past and i'm I can at anything to the abc might be able to day out to there. I'll take a running. I don't think I have anything specifically to add to that okay represent cosor thank you miss chair so i'm I guess kitchen back up I had to walk out take a call but I think i'm i'm trying to kids where you're you have gone so is this places like queen william state par places like that that you can be able to serve out all of it only be for special events. So would be all the time sold anybody's got a restaurant could actually sub alcohol at that restaurant yesterday currently we have four club licenses which administratively as a headache because we have to run that through nonprofit are profitability on our alcohol is down because we have to pay retail for that alcohol through the club license bet with a with a. Whether traditional permanent for alcohol sales whether it's driver where we can issue that and maintain our alcohol are obtained or alcohol from a license distributor that lower calls delivered to our bag dark at each one of those large we already have permits at those areas and we're just trying to extinguish the club license per minutes with this power would this trickle down to our small state park such as them. Nazy state park it's a phishing lake area where they can't but it's all state park areas with that trickle down to they could sell that in their their shops at this time sir we're not looking at that for where it would help us is on those outdoor vance those weekend events and and things like that i'll give you an example we recently had an event up on mountain ebo where we had the downhill the big mountain downhill and and we had to provide some alcohol up there we would be able to provide it through our permit quickly and be able to manner through the at as well as other evidence throughout the states the special special of it yes that's what we're looking at thank you thank you mister any other questions members. Before i. Portray appointment represent senator love. Thank you miss chair. In amount of piggyback off of represent of cozart's question in regards to does this uniform rule open it up to all the parks I mean I know that you keep you you have to simply say it. For specially the better in in this allows you are too I guess lower them the expenditure on alcohol but. If you establish a uniform rule it could get a plaster every single part that we have this estate park is that not correct. Yes her the way the rule in the laws laid out it would we currently have twenty two parks and laying within drive counties. But our approach really at this time it's just for the outdoor activities of the outdoor special events as mentioned earlier so basically if they're there is a restaurant within the state park then that would be on a continuing basis be able to offer alcohol beyond that it would be special of the it's a special permit within an understate parts or within those state parks if it if I understood the question correctly okay but I guess that does it within the pervie of the other administration is that that correct. So so once you establish a uniform rule if once the administration changes then the rules could change that not correct. Can I ask a question to follow up when you say when the administration changes the rule no longer applies many meaning this is this this rule is through the perview of the current administration is that not correct through this secretary. Which is which is going to change potentially and so I get I guess i'm trying to figure i'm trying to understand this doesn't plan once we get this uniform role it does apply to every single state part is that that correct. Theory yes in budget but it's it's it's your perview there are the true gonna just restrict that to just special events. At this point is there okay. But it is but you have the ability to are the guest of rule can change and you have the ability to actually open it up where it is nature especially the insistence. I think you have turn off your mike if you don't mind so they they go now go ahead mail. That do ok I think I can answer your question so specifically within the statute where focusing on restaurants. And special events we have to define with each event what that area is and where it's going to be held in for a while period of time. In theory there is we have a capital development consistently happening at state parks in theory if you generations decide to build additional lodges then that would extend to those largest likely i'm so it will be a department through the years okay alright thank you thank you mister. Right members any other questions. The. You'll sit type per second ok. They were that objection is rule is reviewed approved minor I just want to make sure I got the head on street your abc right. The. I with the regulatory division and dfa which includes ABC. Described sit there with this doesn't apply to you and have consulted with my codashchair and yelled at come in here to talk about this but to my knowledge there's not been a opportunity when the legislatures had you before committee and it'll keep me from calling another committee if you guys will answer question or two this past year during the rageback season when they were at the war memorial random supplies I know what was read in the paper and said paper i'd like you to give to the sledge later body a brief explanation of what happened reference planation and then give this give the legislative branch to assurance that when the next game rolls around or memorial we're not going to have a repeat which are please address that. The. Yes sir I was that I was there on the day of the van I was actually managing all concessions so we we never totally ran out of fluids and we did run out of water though we still had gatorade on site water fountains and. And it was an extremely heart day within side that was correct that one court were going around so a lot of it was air movement around the inside of the court or. But we have put together a plan for next year to ensure we don't have a repeat and will have other avenues of water we're looking at some of the things that the raiser backs are doing up in northwest as long as these large gator water features that allow people just to go buying it water it's at their time placing signs above the water fountains to make it easily seen when you're going through the crowd you can't see the water fountains that were signage is going to be taking place. For sure there will be more bottles of water there. And also some of the things were doing is had duration in core last stations. The issues that were were have and was aren't uncommon from other stations around the country and even northwest arkansas during the summer game so. Okay we're good gonna open a members any questions. Okay thank you very much appreciate it yesterday all right we're moving on to g. And members. Next general included our impersonal updates from those agencies that have not completed the rule making from two thousand twenty one general session courts with act five ninety five twenty twenty one right okay for item g one is a reference earlier the dartman culture pulled down its industrial hip rules due to uncle and litigation over one of the action. Which the rules are based those rules included changes proposing light of act five sixty five twenty twenty one as well as act six twenty nine twenty twenty three accordance with act five ninety five department has submitted a letter notifying us a litigation concerning twenty twenty three which I think is in your packet by doing so the department should not be required to appear on outstanding rule making it to the litigation of the solved by the department and the department frauds written notification that resolution department slayer has been provided to you long side your packet do I have a motion to exclude the department from further reporting on these rules which includes changes stemming from act five sixty five at twenty twenty one and six twenty nine twenty three until the litigation is resolved to have a motion. I have a second. I'll in favor say I post. And the motion carries all right departments education for your update please this is g. Name entitled through record please. Good morning share members of the committee when amazon dress roads and the chief legal council to the arkansas department of education we have two rules on the report today the first rule governing school safety that was submitted to the bureau back in october and it should be in your agenda for the december meeting before questions on this one members. The. Okay your next one please thank you chair and the second rule is a rule governing professional development the department has finalized the language for that rule we hope to present to the state board of education next month in december and opened up for public comment moving forward and questions members. Okay thank you for the update thank you. H members. Pursuing tax five may five twenty twenty one if agency believes that rules not necessary for the operation of the enacted law from the twenty twenty three general session agency may be a request no find the subcommittee of its intent to not adopt the required rule in requesting that rule be excluded from the agency's monthly written updates i'd like to have someone from the agency create come up in your shuffle the record explain your quest for the exclusion and we're going to have teacher retirement first. The. Morning off you would please name a tail for the record thank you chairman marquide executive director arkansas teacher thomas system generally won't general council for etrs you'll go ahead with what thing was during so we have some rules their identified as possibly need real making sixty three one eighty three and five oh four we reviewed those we compared to our existing rules there is not anything that needs to change in the language of our rules table with these acts so we're already consistent there and so we'd ask those be removed from the reporting requirements we have to answer any questions and questions for members. Have the motion to approve the agency's request for a truth. Your motion have second. A discussion. On favor to post. Motion cheers thank you the apartment health. The. A morning few would name and total for the record please make your more department health. Amy embraced statement board. Pushing leave it read who we get good. John cart lived the board of pharmacy morning off fewer please sir go ahead and a claim. Mister chair i'll join a name he speaks a little bit but the this is it act for the twenty twenty three session that required. Two boards to work on joint criteria for development process I think they're doing an internally we don't believe a rule is needed we want that we can work on that if if things changed when four but I will adjourn speak to the trace briefly for a second thank you matt mister chair honestly bought a medicine and more to pharmacy of both set up a a policy statement on how we intend to look at these requests and are setting up for scheduled meetings of parts of both of our boards to consider request for drugs that need prior authorization through that process happen answer any questions on it. In questions members. The. Representative dolly. Thank you mr chair i'm sorry i'm i've read the exhibit what request are we are you referring to when you say request that we're requesting to no longer have to do the monthly reports I don't know now that's not what I mean and I am talking about requests from either outside people that you were just referring to not this I understand this letter i'm wanting to know the background sure on act bob seventy five of twenty twenty three on page sixteen of it there is a process so that if a insurance company or a pharmacy benefit manager some of their payer wishes to continue to have a prior authorization required for specific medications or drugs and their plan they have to go through an application process for review by the board of pharmacy and the board of medicine to see if their drugs would be approved to continue to have a prior authorization process. Sure go ahead. Hang out so I have to like. Okay go it in this does not obviously something they ever dealt with understand exactly but why would we not want it. Maybe i'm misunderstanding why would would this eliminate the need for that review and why would we not want the boards to review this the the law actually requires the boards to set up this review process at which we are actively doing we've already set up criteria and you miss american I have met one kind of the model that we have in place that we think how we will accept these request in four review so so we will be reviewing them are only requested as since it will not require a rule change just not having to do the the rule reports on a monthly basis. Okay thank you. Any other questions members. Can I get a motion second you can get motion second to allow the agency to be example. Your motion second. And second any discussion. I'll favor say I and opposed. Chergeo rule knows how it. Thank you thank you thank you health board examiners. Name town for the record please. My gilmore heart have nothing your road director of organs or board of examiners since beach pathology and ideology. Alright we all would please. Thank you mister chair this this request is for the speech pathologies board to do. Do not reward bring forward monthly updates on rule making due to the compact license law that was passed to the compact so forming. We don't know when those rules will be formulated and down the so we think maybe a year from now so it's going to be quite a while before we have concrete rules that we can ring before you also just ask and for. Exclusion from rule making on this rule this point. Would it would there be a time of the future then you would come back once to competitors for it may be about a year though we're thinking from a discussion on the compact or any questions members. Can you motion to approve the agency request please. And have second. Get a motion secondly discussion. On face they are posed. The passes thank you thank you very much of november monthly written updates by agencies consumer real making resulting from the twenty twenty three general session these updates are in your packet and questions. If there's no objection will file the november monthly written updates and. No other matters come before the committee we are adjourned.