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Arkansas Legislative Council (ALC)

September 15, 2023 ·9:00 AM ·Room A, MAC ·2:45:29
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Unknown speaker 6:24
Yeah I would stay in with. Lord were thankful that you are on the throne it's better difficult week this this week without a given take and lord out truly believe that you are are the author of this form of government that we have the deliberation the discussion back and forth as often difficult but always good and I pray that it brings glory to you and honor to you not only here in arkansas but throughout our nation in our state I pray with you would be with us are today as we continue that deliberation jason's name we met. Members need a motion for the minutes promotion of second auto's favorite they are has heard minutes are adopted will move on to the prestation of the august revenue report doctor carlos civilian. Yeah. Dr carlos year are recognized. Take mr chairman carlos silver bear legislative research and i'm here for the august report as we look on page one collections for gross general revenue one point two five six million dollars which is an increase of twenty six million dollars from from last year you over here for the first two months of the year which is a two point one percent increase. From there at one point two billion dollars as we were taking to your account the adjustments here were gonna have net general revenue available for distribution one point zero seventy million dollars there is a decrease of thirteen million dollars from last year of one billion and eighty four million dollars so as we move forward to page number two we gonna see here this was down before a session so there has not been adjusted so as we looked into here we have a for the month of august is a thirty three million dollars above forecast as we move from page one to page five we have collections for general revenues in the end of page five we start the collections for special revenue use some of the changes or expected no major changes for for this month and with their out take any further questions thank you. Are I members any questions on revenue report. So this main your reckon thank you just to make sure restraint were thirty three million dollars above forecast which was the forecast was also already projected to create a surplus yesterday so on on the forecast if you should go back here to the four case they have some. The forecast always include four hundred and twenty three million dollars of a surplus f after you take danger consideration if you if you are justified the taxes that would make a change there we're gonna have above forecast at one hundred twenty four point eight million dollars and that after taking your account they fifty million dollars they go to a highway in in that's going to be for the final number expect theirs off right now could I can we talk to the fa about that forecast and a little bit. Can someone from dfcom tables shall not hear. And synergist might I think it is important that we point out that fifty million for highway is part of surplus but it's dedicated surplus so not so we appreciate you point that out thank you. Jim heads and secretary DFA john shella dfa. Now it was me now I just wanted to make sure everyone was clear because we cannot have it some brief discussions you know wrap before session about this but you know. Even with current forecasts we're projecting a surplus and then we've had numbers coming in that put us about thirty three million dollars in above the project it surplus. In that you know what I want to know is where what where do you think we're going to land or how quickly do you think you'll have some numbers you know after a hundred fifty six million dollars you know tax cut we did for the working families in the i'm going tax curtain impact that everyone making twenty four thousand dollars and above what do you think this is going to leave at what point you guys anticipate changing the forecast for what we just you know passed in this special session. Well you know the law states that given the shift in the upcoming fiscal sersion the revenue forecast is required on february first of twenty twenty four. In addition to the the recent changes are going to be reflected and withholding in with holding instructions and formulas tables and formulas in in january of twenty twenty four so we're not off in the forecast immediately from the changes that just took place. And the tax credit will be showing up in the early withholding I mean uh tax filings in the tax following season starting in a february. As referred so with the changes so the hundred and fifty six million dollars it was the tax credits that were created for working families in the tax cut that benefited everyone making above twenty four thousand dollars where do you think that's going to leave ultimately with surplus goes again were projected to surplus we're already above for one month. Even what that projected surplus was going to be what what do you think we're going to you have just rough math on the back of an app and think we're going to end up at with. At inclusion is fiscal year. Well you know just looking at the numbers we're looking at a surplus of a hundred and seventy four million not counting the transfer that was mentioned previously we are running above forecast that's essentially a above for for any head wednesday we face across the physical school year that's that's only after two months so we need to see how things can play out with rising prices and a motor fuel prices and what that does to a consumers and and retail sales and sales tax in arkansas so we don't have a rough. Rough number of what you would project at this point I understand me to all of us know there's a ten of uncertainty but we're still required to have a forecast we still have to do an estimate of what the tax cuts was going you know what the impact would be I mean that's that's the physical impact that we have. Okay. The. Yeah I think center I think the is doctor shannon said that the hedges on the over achievement and so to the extent that there is any head winds the overchainment that we've senior today and you know hopefully will continue or help us hedge against that but the existing forecast for the existing surplus projection you know we remain confident will reforecast formally as we get closer session. Okay with their. I do have other questions are represented pilgrim and you recognize thank you chairman we saw eighty seven point eight percent decrease and economic development instead of funds from four point eight million down to five hundred ninety four thousand can you explain that to me. Sure yeah so the economic development is based on alterized disbursements for qualified phones so that tends to change from from one to month and as we we approach the end of the year those numbers so that's a volatile phone that can just look at two months that things like that dance will happen and and that's why does it change their. Okay thank you. Sooner hakey recognized thank you I want to go go back to our senator dismantlers. So we had to might. We're saying thirty seven million dollars so basically sixteen and a half million dollars of month is what we're saying however I assume that we've had refunds uh refunds they're coming in that are probably knocked that number back also so I guess my question is in concert with what he was saying. Historically historically were were at or after the first physical year in the first two minutes is that normally higher in the first quarter or is it only lower how does it average out with the with the remaining with the remaining year. Well we do expect a slow down in the economy and then revenue collections in the second half of this fiscal year it may start a little early if uh consumers start reacting to energy prices in the fourth quarter of the calendar year. So it would still need to be cautious about all of that with with regard to refunds you know that's part of the numbers that were were building in and lowering the surplus estimate one seventy four. Some I will just play out as refunds to get down to the one seventy four. It will build all of that in the revised forecast right but the refunds that you rental that you paid out the last couple of months is that the majority of them come in after the physical year in the first month two three might twice what is kind of standard with that historically. Well we did see a noticeable jump in a corporate refunds in the last month we counted as a random event essentially and that's why we're very cautious about corporate overall the gross collections as well as the corporate refund claims that in one more mister chair just just to get a better page or so what was our surplus say it may be staff could answer this at the end of the first month after the physical and now the. End of the second worth what weren't what were those actually. So right now we had a fifteen point nine for the first month and then right now cumulative at thirty three is on on the seventeenth for the second month so it's consistent around sixteen seventy millions and I guess that's where we were hidden do do we think and I understand if the economy changes but we think that that's going to pretty well bowed out for the whole twelve months. Again where were cautious the governor prefers a conservative forecast the fact that we're running a head really reflects consumers doing well at the outset of this first school year we don't expect that to continue at the same rate going forward thank you. Thank you guys in you are excused see enough for the questions senator history you have a point of personal privilege. Yep we have director martin come up dcfs to answer questions. Yes sir. Thank you membership may not know but the the job of being the director of dc or. Acting in two different jobs is. One of the most burden some difficult hard jobs are we have in state government the weight that you have to carry as a manson. That can be said bar director martin here being the longest tenured dcf character in the country right now but unfortunately this will be her last alc because she is here in a matter of a few weeks going to be moving on to I thought bigger and better things but I think we just. Oh and appreciation on behalf of all the kids in arkansas on the thousands of lots that she's affected miss martin if you would you're welcome to say a few words thank you and I didn't expect that there's at all and I it has a truly been an honor and a privilege to be able to serve at the hs for the last fifteen years I have an amazing and incredible staff in leadership team. Who has supported me and the work is so so task in my children went to kindergarten with me as the dcfs director in a few weeks ago and they started middle school I have to invoice your twelve in its town for me to be a mom for a little bit because I have a cared for every single child in this state not personally but I have worried and loved and wanted the best for our arkansas children and families and my passion is still there today like it was fifteen years ago so I hope that I will get to serve with each of you in the in the future and some way and i'm so grateful for so many of you as I look around that have reached out to me about complaints in your area and I have hopefully served in a way that you will want to continue to serve with me in the future and thank you senator hester this means the world to me thank you. Koto rice with the executive subcommittee report like rich chair alc executive so committee met wednesday september sixth and heard presentations from two vendors regarding their proposals submitted in response to an rfb for consulting servative related to the executive subcommittee study of education persidities property insurance the sub committee voted to award a contract matters adams and lee and authorized be allowed to be in okay negotiations with the farm or a contract incorporating the term in requirements for of the RF b you will hear a brief presentation regarding that contract under the policy making adam next day on the agenda machine I move adoption of the report as propromotion do I have a second i'm a second auto's in favor say a posed as habit report is adopted with that when move on to the policymaking of business and we have jill tire from the bureau to present the contract. This. Mr introduced yourself and you are recognized thank you mister chargel they are bureau of legislative research. Am I just going to give a brief overview of the contract you all have a copy of it in your packet and as center ross just mentioned the executive subcommittee is undertaking a study regarding property insurance for educational facilities ca twelve I have school districts and institutions of higher ad put out an rf and last week selected a consultant to assess them with this study that consultant is matters adams and late insurance and the contract will begin upon approval today and run their june thirtieth of next year with a final report due to legislative council and march of twenty twenty four and the max contract amount is fifty thousand dollars and i'll take any questions. For members this is this has been a huge problem that we face this summer with insurance rates for our schools cater twelve going up almost a hundred seventy percent what we're hoping with this thirty is that we can have answers in march are as is mistake just alluded to that way if there is some sort of fix that can happen in the physical session or there are round physical session that can take place in time to adjust those premiums for the next buying of insurance so hopefully we have this address by july one of next year so we can all alleviate that hundred and seventy percent increase of kidding us one more time as you know last month we appropriate thirty percent of those premiums back to the school districts across the state sender hammer do you have a question. Thank you missure to the chair to jail one of the other the company that we're awarding there's two they are themselves an actual insurance company is that correct. Repeat that again. That the company that we're awarding this too they are an actual insurance company themselves was that correct that is correct okay and based on their determination determination and you'll once a present to us would they be able to appeared on anything after the fulfilment of the contractor during the courts of the contract. As far as providing any insurance to the schools. Um that I don't know that that'll be a determination of the executive sub committee as any insurance contract would be run through whatever over sat body is determined by the general assembly. I'm sorry I don't I don't have the answer to that right now okay right thank you think this. I think the easy answer to that sir hammers are not procluded from some date they could if if they wanted to. Thank you any further questions representative. Later it disappeared i'm sorry I have motion of property of it is time for that motion thank you miss chairman i'm overproval of the consultant services agreement between bloring methods adams and leave as propromotion of second all those in favor say I opposed as have it. With that will move on to. The peer review agenda and were start with billy pears. So members before we get started here trying to simple far this as much as we can as you see abc and so on through the agenda I will take motions from from the chairs of peer for each ardom is abcd so we will batch each item as we go so if you have questions on any of those items I want to take those after billy has explained all of a all of the and then we'll take a motion on that in a move forward so just want to be clear to how we're going to move forward billy you are reckons thank you miss share billy parents bureau legislated research will start with section a these are the various appropriations for requests there's only one item it's a letter from the efa dispersing officer it's for five point one million inappropriations this is to pay for it software and hardware services such as technology the issues driver licenses and vehicle tags it supported by special revenue from fees collected when paying for license and registration which share those with all the f b. Capital you have a motion for approval. Thank you mister I make a motion for approval of the adamant's adams on an a promotion of second all those in favor of they are opposed as have it missed billy you recognize the human share we're in section be these are the cares act corporation requests there's only one item it's a letter from dfa dispersion officer it's for fifteen thousand five hundred and eighty and appropriation and this is to allow the effects return unused cares act funds to the federal government rips in cabinet I have a motion to approve adams b as proportion of second others surchase field you have a question as we're talking about returning money is that what we're saying. How much are we talking about. Searches for its fifteen thousand five hundred and eighty dollars and thirty one cents alright thank you so have a motion a second we had discussion all those in favor say a posed as have it million recognize receipt that he was shared when section see these are the american rescue plan act appropriation requests the first two items are awards made by the federal department that are grant grained directly to a state agency and then it was three three seven or made from the one point five seven billion part of state physical record refunds in those the funds within the repeat that the state has discretion in awarding the first item it see one this is on page three of c this is for the department of education office of early challenged education it's nine hundred and sixty eight thousand in appropriation this is to make subgrants to food banks through the emergency food assistance program for transportation long term storage of food and to remoral distributions a remote distribution sites to increase the number of clients served the next item is see too this is on page five this is a request from department of commerce rehabilitation services it's for eighty thousand spending authority is to provide assistant technology programs and expand the work force this supports public health for people with disabilities the next items are the state awards that were mentioned. The first day to word is see three this is on page seven this is a request from the fa budget management services it's for seventy million appropriations is to support programs that focus on helping victims of crime. The federal victims of crime act uses revenue from criminal fees and fees from sorry for criminal fines and fees to make grants to victims organizations those federal grants have decreased this day to world will back those organizations experiencing the loss of federal support. The awards we made for a twelve month period beginning this october it will be eligible for a second year if funds are available. Awards are limited to three hundred thousand and they have already and they already have a hundred and eighty applicants the next item is c four this is on page non this is a request from parks heritage and towards on the the office voucher recreation this is for just under one point six million and is to develop two trails and dark nil connecting to the arkansas river locking down maps in schematics for the proposed trails are included but there's requests behind the request page. The next item is see far the same page thirteen this is from department of public safety crime information center it's for a quarter of a million and appropriation and this is to upgrade the message switch platform and hosting services for their main frame system. The next item is c six this is page fifteen and this is again public safety division of state police it's for twenty four point seventy five million and to build training barracks at camp robinson upgrade security systems purchase license plate readers and update the architect wireless information network equipment. The next item is c seven this is the last item this is for public safety again this is the commission on law enforcement standards and training it's for twenty one point eight million and this is to update facilities at the camden in northwest campuses and that equipment. Thank you very much a lot so we do have a question representative meeks your replies making it chairman i'm way overheard you're far far right so my my question is on yes it's three the victims of violent crime fully supportive of what we're knewing here my concern is sounds like this money is being used back fill a shortage and do we know if these organizations are planning for the day when this money is no longer available or we and have urtenly creating a dependence here there that might be more problematic in the future I would have to defer that to the agency was there anybody from there to see here that can. The. I wanted to would introduce yourself for the record and you're recognized answer question. Thank you miss chairman of mcvaid proper finance administration representative makes that the agencies that receive these fines are aware of. What's taking place at the federal level that the fees have been decreasing there is a some discussion in some hope that that those decreases have some what then stayed in and there is a fix that's being developed at congressional level that hopefully will restore some of those fines or create an avenue that some of those funds could be restored but yes they're they're very well aware of it although the the services across the state or critical services that that have to be filled out thank you thank you. Sender over new recognize thank you mr terr just a quick question on the. Apartment of parks heritage and tourism outdoor recreation grant program was just a competitive grant program and were how many applicants supplied. For the these phones. Give us you have to defer that to the agency. Good morning can grab myer with cheapest after the department of parks here just in tourism the morning catherine injured his director of the office about the recreation. Thank you for their questions and it urban we arm as part of the natural state initiative looked at crosses for areas that we could impact with capital both effectively efficiently and saw either private or federal funds coming in to infuse in different areas in the case of dark now with reservation receiving the raise grant and the investment that's happened at mountain ebo it just seemed like a a really positive and unique opportunity to come in and provide the glue for it and the case with the other are by funding we identified four pilots the moment pinner goals the delta heritage trail queen will amina as well as petty genesis park both taking into account you know a state wide impact we know of a lot of other communities that are going to have similar abilities to do something like this and we look forward to seeing those proposals as they come up okay for how are these proposals being prepared is that being directed by your office and you looking at the stay and then go into those communities or how are these communities supposed to know how to put together a proposal so that they can apply for arpa funds for something that they are wanting to build a proposed as either a city or a county yeah I know and that's that's a good point we welcome a proposals through their office of outdoor recreation it is a new process I think with the governor looking at out to a recreation as a catalyst for our outdoor economy it's kind of a new perspective if you were and something we certainly are evolving I know we're working with various communities across the state where we see rays grants in particular arm as federal phones as well as projects receiving private funds as being. Night their driving force of these projects but rather a complimentary part of the process but II get your point I think we need to socialize that better into work with communities behind the ones that were already looking to work with yep so let me just give you an example right so the city of russia may have resources and personnel and people to apply for at the different levels of federal and state grant funding that they may or may not know is that they may know is available right. A place like kallago rock does not have that same level of personnel and knowledge to be able to play for federal grants or state grants and at some point the state of arkansas and I have to look at the entire state and not leave our areas of the state of arkansas which in my opinion nor central arkansas which is where I represent you have a lot of very very small communities but they don't have that type of capabilities to apply for and so in with our federal funds whether it be the cares are the arpa phones we as a bartie have always tried to make sure that these funds are distributed in a way that's fair and open to everybody across the state so I think it's important improvement that you have a program that is laid out very specifically that this is the part of money that we're going to use and we're going to use it for this purpose and you can apply for it out are you gonna develop that or I mean in a lot of this or are we just going to pick in shoes the projects we like no am i'm in a pass it to catherine injuries and who administers are fine part grants and are matching outdoor agreements but does just that okay. So those two grant programs do have a very detailed scoring criteria that is over the process of a year and. An outside committee decides and boats on there's and so likely what will happen in the future for these types of requests will be a very similar process to that. Okay but this this part this grant request did not go through that process that's correct. Okay well I mean I just you know I not gonna stop this but I just I think it's probably great for the entire state it's great for the city of dark now and for that area however you know there has to be a process that I think is important to follow so that communities are not left out of the process or left out of the opportunity to get fund it I think that we we need to operate in a manner of process vs. Operate in a middle manner of what we what we like to do and want to do versus a process that's fair and objective to everybody so I just want to note my concern with that one particular and request from the arab offense thank you. Soon just fills your question for parks okay i'm all hold your question for a second so you guys are excused consider consecratory haggered come to table please. I know you thought you were going to escape this but you're not. Sort of these license plate readers we've we've had continuous conversations over the last few minutes and there was actual language that was added in for reassurance that these things would not be used for certain purposes brought only for the purposes in which I want you to state on the record please sir yes sir absolutely and we have someone here that's very familiar with that program that could answer any question I see is very welcome to yeah. He's one of you people that I look better sitting besides that. As intended. So we would introduce yourself for the record and you guys are recognized answered a question I hit the little red but. Okay can you have any. Hi my name is lieutenant dennis overton a serve as the coordinator for interdiction team here in arkansas for architects I play some sand and how we patrol admiral here in lawrence. And i'm happy to be here answer any questions you may have better plus this plate reader request so if you would state from the committee the exact purpose and use and what they will not be used for please well specifically what we don't want to see them be used for i'll start with that if that's okay. Some states have have adopted a. A policy of issues that actions using license plate readers look throughout toll roads or interstate systems throughout some some state on a oklahoma possibly texas and some of those areas. I don't think that license plate reader should ever be used in arkansas for that manner and the law think the statute clearly outlines that they won't be or shouldn't be. If in the future then. There's a need for that I think it could be added by by the body of its hear but not by the state police or any other smaller agency. What you don't need to understand is daily. As we sit here today a criminal element circulates through the state end of the state out of the state daily basis whether me. Retail theft child obduction child phonography transports transporting those those items. Drug trafficking organizations for cartels operate freely in this state. And you just may not be aware of that but it it's an ongoing occurrence. What we need is on as a state is a system of of our automatic license plate readers that the assist law enforcement not just the state police but while unfortunate names around the state well city state county even federal with these organizations that are operating on our highways and interstates in arkansas. Um as we sit here today. Narcotics are being traffic don't state thirty forty fifty five US sixty seven coming off about twenty out of louisiana coming up texas coming up oklahoma. And we do everything in our ability to stop those narcotics from coming into or through our state and would do a pretty good job of it now. Currently we are able to use license plate readers that are used in other states but we have to use a time and distance calculation if we have prior information for example. If I know that texas license plate abc one two three is traffic he cocaine it to little rock and for if it's an ongoing investigation I could actually plug that tag that license plate into a reader. And it would sin an alert to either my email or to my phone but that that vehicle is moving into or out of the state. As an off is an officer that's beneficial to me because I can I know to be looking for that their vehicle as it stands now I have to depend on a read in that condosious texas a rock while texas amorolo texas some parts of tennessee we use those readers and we do have a calculation of time and distance to put officers in place to be able to watch for those vehicles. With a network of system in the state that would applied to readers for our benefit. Would be beneficial and number voice if a child is abducted today. At a at a school say a small school like in malvern arkansas and magnitude. In its in that child is taken by arkansas license plate abc one two three ornan or a known person we don't know what the with their driving we have a way of founding vehicles that that person has driven orders to have we can plug those license plate was played license plate numbers into the system and be watching for that vehicle as it crosses those points of interest if they took that child from magna cove and drove okahoma we would have to depend on alcohol to let us know when you get there. Where the system here in the place and input in place in arkansas we would be able to to immediately respond to that. What mid more minimists don't realize is that many municipalities around the state are currently using these systems inside their cities and counties and having a great success with locating people who are six offenders near schools near parks. Retail theft vehicles that come in from other states walk into a dollar general and take all of medication out of a certain drive out with those those tape things for what we need here in arkansas to be able to use these readers for but never in in this situation where they be used for riding tickets rations at. So in our conversations you and i've had multiple and enough talk to the folks a great county because it's my understanding shared and is is a big user of these at the moment. What is the data dump and how does that work because there's always a lot of questions about big brother knowing where I travel knowing how I travel starting to pattern my life so how does that data don't work and make the members feel comfortable about that and in talking through that lease repairs also really. The architect has a law already in place for that day to be stored II think the note said a hundred and eighty days but it's actually one hundred and fifty days by statute that that is stored for that period of time as we discussed we're not looking for my mom going to church or someone who's behind on paying their taxes driving to wall more we're looking for people who are known criminals that we are looking for a license plate whether they're wanted subject to whatever that that is retained for a hundred fifty days in the in the event that something happens today we don't know about it for two months we're able to go back retrieve that data on again ABC one two three and say hey that the vehicle traveled through reservation on this date in town that rape happened at the campus of arkansas around that same day in town that's the important service. That's the importance of storing that data as we discussed it's going up it's gonna read everybody's tags as we drove in here today in the city of lower out there multiple I would say probably close to a hundred. Of those readers around the city of arkansas around the city of literate being used on a daily basis for that exact reason but it's just inside the city cities use them daily so as we all travel here today me included. Through little rock we were probably our tag to read those tags are irrelevant unless they find out that a tag that was read. Was used in a harmoso or some type of crime or was stolen earlier today and that's where it becomes so crucial that we we look at that doing th. All misspeaker you recognize for a question thank you mister chairman. With regard to how you determine white tags to look for is is there any type of warrant requirement or is it just whatever I mean you all make a determination that we want to look for this tag that's what is that how you ultimately decide what you what you're pulling and standard questions yes currently there's no there's not a need for a warrant uh forest to enquire they had the same as if I were to run one from from a terminal in my car for example if if I see a tag. Parked at a house that is a known drug location that we know that drugs are going into and out of I don't have to obtain a warrant to run that tag as I drop by same would apply to the license plate reader system so if we have a house here in little rock that's we know is still in cocaine. Um if we see that vehicle pulled him to a residence we could actually run that vehicle through the license plate reader system and see if it had entered the state down in texana out of texas that it had just made a trip to houston pick up our colleagues which is a it's an investigative tool back and have a fault so with regard to the information that the readers are. Obtaining. You said that information is stored for a hundred and eighty days. The. Who has who has access to that information and how. I guess in what format is that information retained in other words is the only way you would ever know about any particular vehicles movement. If you input it you input a license plate to run a search or is it stored in a format in which. State police employees or others could look through and could see every license that has been has been viewed or scanned on the road so I guess my question boils down to who has access and then is the only way to actually a license plate by inputting that particular plate is here it's good question the the the persons who would have access or law enforcement personnel for example me as a as trooper work in the highway a deputy sheriff in mcdonald county and analyst crime analyst through the fusion center someone who would have a necessary means to run that through the PR system would be someone related to an investigative tap position within that agency. Ah designed to question for. Okay yes sir it has to be specified to that license plate it does have a special feature in it for an investigative purpose that if I have again i'll say abc one two three license plate. I can actually request vehicles traveling and co that coincide with that license plate that's the only way that you wouldn't yet you would retrieve information that specifically asked about an exact tag the reason for that is many of these load vehicles that we sees or take off with cocaine method fairly maintenance today are actually being escorted or followed by another vehicle so in those cases it's important to know what's what's around that core on a regular basis and it does that through a number of algorithms that is way above my ability to discuss here intelligently today but to say that it the only reason that would exist to do is say for example another good example if I have a college student uh female is abducted at a wall mark we could actually look at the reads with her license plate to see other cars that were made him in traveling. With her at the time or prior to them or after so it's a it's it's a great tool it's got to be used correctly the statutes employees for it to be used appropriately is just for us as a as a as a government body to make sure that done correctly. Suggest field and recognize for a question thank you mr chairo. Can you read a comfortable this morning this is given me great anxed and let me tell you why. If there is a trooper. The. Who feels that his spouse is having an affair with someone. And he knows that license plate number. What is to preclude that individual from using here's a her position. To high down that person. Against only has a grourge. Make me feel more comfortable with that because people are people. Regardless of positions that they hold and we appreciate the one that you have. But what is to preclude that kind of misuse of authority. What are you would be good on this when I understand and there there's a system in place for that on the backside of if I wanted to run that license plate for example there's a list of the license plates I have ran so in the event that that did occur i'm not going to say that police officials are perfect in there are some bad apples in the system as we have all seen in the past but there are systems in place that would prevent that or not warrant that to happen in that if their boyfriend suspected that happened or the police officer just showed up randomly at a location where he could actually request them for you you know to see if that tag had been rained by that officer you would be actually no different than the officer having the ability to run his license plate honest terminal just almost every officer now in the state at least a state police all officers have the built in around that tag from in the court. So it's it's the but they have the ability to do that now it's some to us to as a as an administrative body to make sure that doesn't happen and so what do you have and what are the parameters you have in place should they have. What happens to the individual who misuses the authority. And how soon to using you would be able to know it would take me saying saw this guy running a license plate out of the tell me how that works well it would matter if it would honestly target to answer that because we don't have that system in place now okay I guess you could say I could do it now if I suspect that that was happening on our wanted to find out about some person that say it's some woman that I wanted to made or some that I wanted to make sure wasn't around my wife I could do that now if I wanted another state those systems there there's an audit form to see what those tags are the the offshores been been using and in the on the hands out of that I guess if if there were some calls for concern that they would come up in the end that is far as displanary actions and all that they would be a question for the the director here but uh center of it just to expand that a little bit what we would typically do if this program and is that gets up and running we would reach out to other aids is that utilizing this now and there's always going to be a system of checks and balances to make sure that any power is not abused and the closest thing that we can relate to their right now would be the misuse of like across the point looked in it over to the socket met rang a tag for a personal use for whatever that's currently not only balanced policy it's actually separate employment on most people occasions based on finding out that does those things have happened over the year so it's not something that's very common but there are cheques of bounces in place and we would certainly adopt policy to to make sure that there was also the back sector missed sector senator chest field if you don't mind and when one second of course not message you if if you guys could summit a letter to give me a lot of good way and I do have the offer. If if you guys get some middle letter to council and impossibly to the governor's office also that you will honor the same rules that are under acre with this system because II think I understand what sent just feels saying if my ex wife and I won't know where she was riding around as an officer I could put her license plate number in that I could see where she's going and and that's some of the protections it's in across the now is to protect that from happening so if you had the same display actions for both a n and you honored that across the board and you made that a policy I think that would make people feel a little more comfortable it would certainly make me feel more comfortable with this year. And I am a request if you may I get back in the queue it's all you know thank you john and thank you for your answers I appreciate him and thank you for your service. Senator dots and you recognize thank you mister. To your left over here. Uh. So I II had a similar a couple of similar tracks that people have already asked some stuff about in my notes here. But I guess first of all where would these license plate trackers be primarily located on interstates only or would they be in. State highways where are you going to be deploying all of these. Yes sure it's a good question initially to start those those readers I think would be important be placed at the. Primary major entrances to and from the state which would be interstates thirty forty interstate fifty five or so forty nine. Was it for. These major highways come in in and out of the state initially and also some locations within the central part of the state so you can. You can track that vehicle as far as its movement through the state or out of the state adequately as a good example that a mississippi has a license plate readers they use some years back they had a shooting at a university in mississippi and which are a husband jells husband went in and shotty a professor at the campus he left that campus near grainful mississippi and entered our console. At the time license plate readers were being used a mississippi but they were only tracking cars coming into the state and not out. So that suspect to its shot the professor just been involved in shooting on campus at the university there flat into arkansas was here for an unknown period of time without a snowing later that same day he re entered mississippi and when he went back into grainvale that reader there caught his tag coming back into the state a pursued and soon and he was he was act he actually end up killing himself at app at the end of that pursuit with a gun that he used at the campus but the important thing to know about that is. We didn't know he was here and they didn't know he had left. It's important to know who's coming into the state and whose leave in the statement in the criminal aspect of of intelligence. So if I understood correctly. No warrant is issued. Do you have to have probable cars in order to start tracking. If like there's an actual action that's happened to where. That license plate was seen and now you are are trying to how does that work as far as. Protecting constitutional rights of regular citizens yes sir again if if it's a known suspect that tag can be entered if it's a vehicle that we suspect is traffic in our collection we have in tail that is being traffic the into the state that be there to vehicle can be entered with the license plate there's not a necessarily a warrant that has to go with that it's a reasonable suspicion type in investigatory tap tool to use. Okay and and you'd mentioned. With regards to. Asp if someone violates the authority that they have and begins to use this for personal that it was against the law you said though it was separation from employment is there also a criminal penalty that is included in that if someone violates that authority they've been granted. Yes sir that's just to be clear that's with aci seeing about a lation of acrc we currently have no policy in place and I don't believe there's a long place that would. They would. Apply to that right now because we don't employ that technology but the is for typically we will contact the local prosecutor's office for the violation occurred and that prosecutor's office will make a determination of criminal charges are pursued or not I believe they have been in the past I can't speak to any specific instance but I know a lot of time separation of employment may satisfy the prosecutor's office to wear but but it could be a criminal yes are absolutely prosecutor would obviously prosecutorial discretion would be something and then you'd mentioned something about foia with regards to if an officer was tracking somebody someone anybody in the public could find out who that they were what license plate they had been searching for through four year. How do you guard against. I don't know somebody. Using that. To find out which officers are tracking various. I mean either personally or or out. Criminal investigations or whatever it is there they're tracking if a officer is violating that trust. As far as if someone wants to target that officer I guess. I don't know the interest center behind me i'm not I really don't know the answer to that we. We have legal council in the room with this today that they may. Now. Is there a start looking each other ask your clarify we ever cheaper staff in the room who happens to be an attorney even he could possibly answer your question on that is far as it's. Availability to four year old honestly i'm not sure that thank you very much. Members I want to be honest for you i'm almost at a second page on mya they also just be conscious of the number of questions that we have sender or when you recognize thank you just quite a question on as it relates to your a went upgrades so I know that there had been some discussion and am always trying to figure out a way that we can connect our public school campuses into the and system with the usage of you so that there's some direct communication and contacts I see that you've got a lot of am equipment upgrades for a when listed here with your three different types of request here and is there any any portion of this funding for a when equipment upgrades that would go to the connectivity for our schools to be connected through the a one system. The. Suburb to admire ongoing have one of these guys came open and speak to their because I honestly I don't know if it because the questions we've got are more around this topic at the moment so this day right here and if you don't mind i'll put you back in the queue and will get that you. Sir jugger you recognize thank you mister chair thank you german my first question i'm asking for a friend what will this system work on legislative tax as a matter of fact yes sir okay good good yeah now my question really is more about another reason questions about and i'm following up on senator dotson forth amendment concerns in the like this is an oversimplification but my understanding of the fourth amendment is that it applies when people have a reasonable expectation of privacy like in your home or inside your car and there's no real expectation of privacy as to where you're driving out. In front of god and everyone on a public road is that consistent with yours understanding. Yes I would say that your your your limited on your expectation of privacy there because you're you suspect we'll be being video almost everywhere you go to in today's time trust me and almost everything I do is on video is forced work related or everywhere if I go to the mall if I could walmart were being video at all times honestly so there is a a ballot concern but the important thing to know is that it's such a valuable tool for law enforcement with what we have going on in today's society would the the road rage instance the shootings that happen in lora comparable of an inning in in malvern arkansas in any city and state. But in the nation now what we're seeing is a is a very dangerous society right if I can use a tool like this to take bad guys off the road that's what we need to do II hear you and my point really is if you're out walking around and downtown somewhere. Out in public you don't really have a reasonable expectation of privacy as to what you are doing in the same is true if you're driving around that that fair I think that's the first statement thank you sir. Represent evans you recognize they must chair don't even great to see you here today yes sir thank you just a couple of things regarding the software you'd mention being able to. Look out to other states and seeing when it. Particular abc one two three might be leaving that state coming in well this new software that that you're requesting lit network back and forth. With other states so that they they can look into our database as well yes are in some instances it would if they're private to that that and that information we would we would want to share that information with their needs as well for their investigative purposes okay in regarding child trafficking interstate commerce. Was this software read from the friday from the back or both. It the software will photograph one direction of travel some of the software will actually help I do not for an actual vehicle you can put in. And nineteen ninety seven camaro and you can look for that specific vehicle we didn't have the tags not all software is the same it depends on the the software which shows would choose to use primarily though it it it photographs east and westbound or north and south and it will catch the license plates on the rear of the vehicle at the time it takes a it's amazing that it can do that but the reflectivity of the license plate it it has hard time reading temporary license plates because it's paper but the reflectivity of the license plate the camera will catch their photographs to plate and it gives an overall picture of the car just said that to think about you because you mentioned mentioned in in the request that it it was a tour also be used for. Children set trafficking in most interstate commerce situations with tracker trailer you can't see the last is played with the tractor from behind that's great and they're louder than the front box sell something to think about thank you thank you. Misspeaker you recognize thank you just kind of a follow up and I think sinner tucker. Touched on this with the fourth amendment and the reasonable expectation of privacy in one distinction here and I think this is white a lot of the concerns get to is the fact that generally when you're looking at fourth of minimum issues that relates to searches and seizures correct and maybe in the regard to a traffic stop or in the issue and so the search warrant course the difference here is that at as your testified there is no warrant required in terms of what you're inputting in the system and even though citizens have no expectation of privacy on the road. I think that the concern ultimately comes back to. It's at least in marview it's not the government's role to monitor citizens activity and so it's it's a it's a very fine line here and I think that that's why yellow here today to talk about that into educate but I would just ask if you would agree that you need to be mindful of the fact that you're using a system that does not require warrant and while individuals on the roadway have no expectation of privacy this system is also gathering information on the vast majority of law abiding citizens who have done absolutely nothing wrong and wouldn't you agree that that's a system that should be very tightly controlled and very selectively used. Yes I would agree with that I will hardly agree with that not only do these readers read the tags that we're looking for that we have a special interest in but it's reading yours in mind as well with any system there's an opportunity for misuse with any weapon there's an opportunity for misuse a car whatever that case may be in a person's choice is that they make on a professional level are critical to to law enforcement in that person is upholding the the the rights of every citizen but I think also at the same time the citizens of the state have the right for a free way of living and not suspect sussettable to as much crime as they're seeing today and this being a tool that we can implement would definitely help the citizens of the state more than it would ever hurt. Yes sir. Yeah. Sender mickey irrecognize thank you chairman i'm offer giving law enforcement tools to cash bad guys but I echo some of the concerns that have been mentioned that I understand correctly that the data will be deleted after a hundred and fifty days. Yes others have a slight misprant in the in the notes that you see there today it's the statute requires that the data fall off after a hundred fifty days it could be retained in the event that is an ongoing investigation say it's a murder suspect of something that nature in those cases that could be retained longer but the data rolls off at a hundred and fifty days what is the process that you go through to flag a license plater a vehicle what is the threshold that somebody would need to reach to get that and get that in the system yesterday do you have to have access to the system and that takes a little bit of a formatting for a person to be even have access to it they have ever along forcement necessary need for that intelligence or that information that could be an analyst like we spoke of earlier so there is a betting process that that law enforcement goes through just to use AC as in and this would be the same type very process that be an active member of that department and have special privilege to be able to do that for example some some officers in some cities don't have access to the cameras in their cities only certain people in that department do I think that could be a mistakes in some home instances I think that the need for that data at mark at at at map. Need is is an is important it's it's incredibly important but like I said earlier there's always a chance for misuse of an and not being used in appropriate manner and those situations would be dealt with the both your policy and through statutory language. I have one more mister chairman. I'm gonna ask another question because he is not listening. So how long once you're entered in the system is there a time limit whereby those tags were vehicles would just automatically drop out or is it something that where you revisit why that was entered in the first place or is best I remember there's there's. There's different parameters for their okay work can fall off it you can fall off at the end of the day might fall off at the end of the month depending on the investigation and the need for that data to be known in a moment's notice for example if your truck was still on our parking lot today and we would want that data today and the limited until the vehicles are covered but once it's recovered it would need to come off looking one of one more and I know you may not be able to answer this now but I am I would like to know with respect to public access to this data if somebody would have to make specific requests for vehicle tags that have been flagged or if they make a four year and they can just get all of it. That would be interest it would be interesting to know that but also know this if the public did request that data and it showed all the reads I mean it would be it would literally be like sitting on the side of the interstate today and take a pictures of every car goes in providing that the problem with that is it's not going to tell them who you are who I am or anyone else without being able to run that tag and learn who is in that specific car but okay that is helpful thank you thank you mister. That enter maybe nervous. Represent a gas way reclass thank you miss german I guess let me begin by saying as someone who has supported law enforcement maybe as much as anyone in this legislature I carried the protect act. This last session along with senator gilmore I find this deeply concerning. I go speaker shepherds concerns about that this system will have the ability to monitor a law bank law abiding citizens who have done absolutely nothing wrong. And I think that you know it were inching ever close to a two a surveillance state and this is exactly the type of measure that gets us there and so I find this deeply concerning unless there are sufficient checks and balances in place and it seems to me what i've heard from you this morning and I think what a chairman word laws out. Was they would you can to the table to put this on the record basically that you guys won't abuse it and while I appreciate that. You know for me that's just not enough and you've cited a lot of things and you keep going back to this that you know these these cameras would be helpful in preventing human trafficking these help these cameras be helpful in preventing drug trafficking these cameras will be helpful in catching a murder suspect and all those things it they make perfect sense. But the problem is is that there's the potential for abuse. That can you know to monitor the activities of perfectly labeting citizens and we're just supposed to take you at your word that you won't do that well it's going to have to be more than that for me and so i'd like to know is there anything in writing specific policies where their safe guards and checks and balances in place or is this we're just going to come before a lc and give you our word because if that's it i'm gonna tell you that's not enough for me today. Thank you for your question to be honest again since this is not something that's in our policy we don't have anything writing to give you right now if we're approved in this will immediately reach out to other state and sees that employers technology reach out to some of our other law enforcement partners and we will look to see how what they've done to safeguard this information it's like a lot of things for us and this is such a baby and law enforcement that we don't if we're ever given the opportunity to employ the technology we're we're not going to want to lose it so we would put checks and balances in place to make sure that that were the case we would be more than happy to provide that if we go through that process and we develop policy and we could provide that to this party to make sure that it is satisfactory with you just at the time since we do not have it we really don't have anything to present. The. Representative watson you recognize. Thank you as cheer caught a polite in the cheques and balances do come forward assurance does happen that this uh lprs will be expanded I just won't make a comment as far as a drug seizures the legal immigrants be in transport on commercial vehicles what I may ask in spit term many years ago I sure would like to say it go forward with the other agency ahp at their way stations at the border the board for court the four quadrates of arkansas there'd be a may be in negotiations maybe talk is already happened with the chief I don't know my point is again I would like to see your that expanded to the age also cause as a valuable to I could just remember in the day is my goodness how they would help out when we have minimal information to go on tracking it from the valley. They'll pay so come along through we don't know whether going to in southwest arkansas where they were in earned southeast arkansas so I just wanted it comment I would like to see it go forward to the other agencies also I know little rock has had it many many years here downtail no further just so comment that you guys thank you sir. Well. Since or did you have something. Okay. So in this main you recognize thank you and I just want to get back to because I think for it helps for me to understand like real world examples maybe some instances that have been and it incurred in the district that I used to represent but let's just take add the abduction that occurred I think it started in oklahoma if I remember right a few years back and ended in lono arkansas may be rough you know some of that but essentially if i'm understanding things correctly oklahoma handed ability to track that vehicle as it was leaving this day probably recognized it was leaving state and when in dark and saw. And maybe they didn't have in place in the town but if they did then they could have known that and then what we the only thing that we could do was so well based on the fact that we know it crossed the oklahoma border and arkansas based on what oakland was it could be in a hundred and fifty different points in the state of arkansas in the given time. So we don't know in the meantime with some of the switch vehicles of someone's whatever but in and ultimately ended in lono now if we had something like this in place they traveled forty get off the interest date no one knows quite what's happening and we had an offshore get shot because of that and because there were so much confusion by the time I made it into arkansas. In so if you just want to take a human trafficking issue for instance we we are a black hole as it exists right now so elsewhere in this day I mean in it in other states if you're in texas or oklahoma there's different points wherever these cameras are that you could say will we know he's here or he's not here or she or whatever it may be but when they've made that border crossing an arkansas they disappeared and it was anybody's best guess based on assumptions of how fast you're traveling are not traveling or what dirt road or not in literally we could have last step together since if it wasn't almost bad work. That they were discovered in lonok county at a minute is that kind of I mean I know we've talked about direct trafficking in some other things but me almost had an office released it alives. Because we weren't prepared an arkansas to be able to receive and know where these individuals are this individual was going you almost lost a girl because again we were a black hole that is that kind of what we're trying to do is fill our black hole. Yes sir that's correct we there are multiple states that's around us that employee that's technology they're multiple cities within our state right now that employee is technology again the statement was made you know anyone that's been in town for the special station this week drive me a little rock. That information is why i've been captured already or their information bar. Doesn't have of different cameras so why there's always a chance to I guess misuse information like that I think it's it's the whole is the jews worth the squeeze kind of thing yes to research chance but there is exponentially more of a benefit that would come with that for the exact example that you use and I believe that actually start on the east coast it was in the carolina's. For that female came from but absolutely once she hits arkansas without being able to utilize that technology it's anybody's guess so you don't know you're expanding that search which is important law enforcement you know visited if you're in a man type of mode you're always expanding that search in the more town that goes by the more that search expands and that's all we can do right now because we have nothing to track that move once they know that arkansas they go after great so to speak so we've lost all that ability to track until a fair question for me to set here can I being exposed to that situation years. Is the potential that someone abuses and which I think is remote. Right worth that officer's life is it worth it young girls future. To be able to ensure that again we we fill some boys that we have here and we're able to protect it and but mean that's the question that they can face with right and when you talk about some versus squeezing banks are absolutely sure. I think it's important that the committee know how many cities are already utilizing this and arkansas and that numbers pretty hard so we're not actually that black hole were only a black hole when they're outside of those city so you guys can call around right now to those cities and see if these plates have passed through to those cities like shared and lover. I forget some of the other ones that were given to me and examples but those two have stuck in my head but. We we have the ability to track them if they go through those cities but only if they go through the city so if they're out on the interstate system and never get in the city you don't see is that correct our fair. Yes sir that's correct. Alright sooner hammering recognized for a question thank you assuring that i'll be quick cause I can hit on my point we very got this out there we've had it for a while I don't remember this kind of discussion elsewhere so seems like you guys are at the table getting pounded on this thing when it's already technology that's being used so do you know of any examples in any of the cities in fact I think this is a system they just recently put a low community called toll down and grant county that they're using it down there is not everyone the thing I hate about this morning use gave way you're tactics by saying it's going to be on these interstates so now that would prompt anybody to move to the back road I would hate for that to continue to be the discussion but do you know of any examples in any of the cities that are where it's currently that abuses have occurred that have been expressed today is concerned. The. No sir i've never heard of an example of that it it truly is it's hard for me to imagine how it would be misused at least again no others that potential but i've never personally heard of an example where it has been misused but. I'm certain that once we start out looking at the past is whether and sees that are comparable hours were we're going to see what those are those safeguards are there in place but you know to your point this is not new it's it's new to arkansas it's new to arkansas state police but this is not new technology by any stretch it's been employed for years and some the surrounding states write and you can network into those other existing systems and are they required to dump their information the same as yours or their cities out there that are holding it longer than what you are saying that you're going to hold yours. Right dennis could probably speak that more than I could but my understanding is it's it's very compromise what is being discussed in in this piece I think it truly you can imagine the the cloud space that that would take to store that much information even if they wanted to I don't think they're capable of storing it if it's it's any longer than what arkansas would allow it wouldn't be much longer. Right but she goes how to keep ability to network with the cities of that all we're doing is taking another piece of the puzzle putting it in to get the complete picture so we've got a complete puzzle the state of arkansas letter fair analogy yes sir that's absolutely crop okay and then the last thing I would just say is that term if if you have their built into network and if you get those policies from other ones I think they'd be great and then I keep thinking about the law we just password if you go through construction zone you're all those license plates are being tagged and eventually going to be dumped and regards whatever the system is we got where there's a gun on the hip of the officer whether it's a camera system it all balls down to hold in the person accountable and you feel that you have safety policies or will have safety policies a place to do that absolutely this tool would be too valuable for law enforcement to take any chance that we would lose it so that there would absolutely be safe in place thank you mission yes. Representative more you recognize thank you mister chair like many of my colleague over I like many of my colleagues or made uncomfortable by this type of surveillance just read books like nineteen eighty four and big brother it's it's just rather nerve racking you mentioned as the juice worth the squeeze well I don't know if anybody's asked for it but II would like to person if we implement this system I would like to see a report either quarterly or manually of how many arrested or bus are convictions this hasler too because if it if it truly makes the state safer and a better place to live for for our families I would like to know to what extent this has been used and successful on fortunate operations thank you. The. The. Represent gas where you recognize. Thank you mister chairman so you know I just want to address a couple of points one I realize that this technology is already being used in arkansas and spoke with a mayor not too long ago who informed me that their city had been using it and that when I entered the city limits that my license play was on record. And I was alarmed by that and we continued to have the conversation and I said you mean you don't have to get a warrant to access that information they're like oh no and talked about some of the people that had been arrested because of their use of the system. And you know I understand that and i've heard once again you know I can you continue to hear the justifications about this helps despite drug trafficking in human trafficking or suspects and and so on and so forth it is essentially helps with crime fighting but you know we could be much more efficient crombiting too if we just dismissed with the warrant requirement if we just dispensed with the fourth amendment altogether. But we don't do that and you know just go back to their have to be appropriate checks and balances there have to be appropriate safeguards put in place when you have this type of survey once capability. And what I hear you saying today is that you don't those currently really aren't in place at least not in writing you're just here today to give us your word we won't abuse it. And I appreciate that but so I guess my question is. This. Who does check I mean how can you check this i've heard of a for your request is maybe one way. But beyond somebody sending it for your request which most people aren't going to do. I mean. How does the public check to know that this is not in fact being abused. It would be along the same lines as if uh it was nasty assist uh inquiry as to whether or not that was being abused to the best of my ability to answer that question without us having that in place this time it's it's almost to pass me for me to say without the policies being an employees I would also mention though it's important to note that the status tour language for are on my classes plate readers require that the the promotion of the rules so I guess that could be taken care of during it during it port of. Of action if that makes sense. Again i'll say that any any type of. Tool that we have available to us. Not only as law enforcement but is a legislative body could be abused and a number of ways and it's up to us to make sure that that doesn't happen I think that overall we do a pretty good job I know that I took a note of office to to protect him to services this state and a tool like this will help me do that better than for it. And I think with the understanding that just about everything we do at the state we can't go to walmart that the same tap may be even more so with the technology they have there then that what this would ever infringe on anyone tried in the state. Uh in the instance it's not nothing more than just a camera taking pictures. Yeah. Yes you recognize that you miss german I mean it you know and again with all the respect and I support law enforcement more than anybody. But you know walmart is not the government. It private business is not the government. Yes they can you know they can video you all day long when you're in their store but that's private business this is the government who run in these cameras. It's just a totally different situation and I just think we need to have appropriate checks and bounces in safeguards don't think that's too much to ask thank you mister it is to be clear you we are certainly open to whatever safeguards this committee or the legislative body would like to you put in place them again it's just it's difficult for us right now to speed. Intelligently one work safeguards are in place because we currently do not have policy and we did not employ these this tool so you know that's something that with whether it be. You and implementation of your taser I suspect it's some point you know ten or fifteen years ago there is a conversation similar to this that were held there are questions asked about you know how that was going to be employed and the department had to reach out to other mirrored their policies their safeguards and and make those decisions on what their policy is going to look like with the safeguards you can look like and we would absolutely be open to members of this body having input on that or reporting back and to show what we've done and what we put employees. Sir just made you recognize that you just want quick question for you I mean at this point we have debated all the items that see one through seven. Inside I can make a motion that we are approved items c one through seven. That's proper motion I have a second. So you discussion on that motion. So members i've got a lot of people in the sand chest field you're there for a question on another autumn correct. The. This is this is included in his motion but i'm coming back to alan mcmade of the table for your question. You i'd recognize you for a substitute that's what you were yes i'd like to approve all of them accept i'd like a separate vote on this particular one cause I would hate to vote no one all of them. That's that's a substitute motion is there a second to that such too motion that would be cc. That have a second i'd like to speak to it at your recognized for discussion thank you mister chair the reason i'd like to vote on it separately is because we don't have rules and redright now. And we're we're going to approve the system even though it's in place in a understanding in the. The benefit and I would hope that they were out way there the negatives that i'm feeling right now. But it just love a million together and say that this is just just take it a leave it's. On something this important I think is online i'd like to know. What and when the rules are going to be promigated. So that the abuse is minimised. And it does not outweigh the pluses. And so that is one of the reasons that i'd like to vote on it separately and if nobody else says my concern the next phone thank you. To get off of phones so that i'm going to recognize the effort answered but I will do that after we handle these mother you handle represent cabin audio discussions on the motion yes I just wanted for some clarification. The statute is already a passed to given them authority to do this we're doing is voting on the money for them to buy the equipment is that what we're doing here that is great thank you. An and they have worked for thus for a number of months now I thought I made that clear in the beginning own the guidelines and the members I want you to read the request I just pointed out to another member while I go there is strong language in the request of what this is used for and what it is not to be used for so representative hammer do you are singer hammer do you have discussion on the motion and this is a substitute motion for swallow with the chair repeat to substitute motion before as a question make more commitment if we can handle the substitute motion I come back to you is that what you're asking. I just wonder what to substitute motion some too motion is to pull out c six for a separate vote. All right and now may direct question to the chair for thank you and this tags on representative cabin I just want clearly this has already been legislatedly passed and we are just authorizing the expenditure of the funds to that is that correct yes and in that legislative authority that was passed did it require a policy and rules so that it will either be policy by police say police or it'll be rules that have come before us I can't answer that I wasn't familiar with the legislation i'm not going to lie to you we can get that answer for you i'll have staff look at that statute and get that to you okay could discussion if it's already been legislatively passed as sorry been debated obviously somewhere maybe I just missed it and if in that legislation it requires rules of policy I don't know why the train can't run down the parallel tracks to us giving them authority knowing that they're going to have to come back and if we either deny the rule we still hold some power over the discussion moving forward but having an answer that question would help me and maybe that would clear some it up to some other people's mind thank you. Sure dotson do you have discussion on substitute motion I do you will recognize um. I guess before II knew that I do have a question on the chair possibly of staff regarding the item see six since it has other items within it. Is is it separate is it. Are we able to separate and approve the rest of it and see six with the exception of. The license plate reader five hundred thousand is there several other things and item c six. I don't think you can because it's in the single letter from dfnay is that correct so we would have to boat down the entire item see and they have to require they would have to send a new letter for request okay with that except with that with hill I think we've had a lot of discussion here or a lot of questions back and forth on this overall item and II too am very concerned about the license plate reader portion of items c six so i'll support the substitute motion just to port out for a separate boat and hope others will as well thank you. Representative makes you have discussion on it substitute motion yeah a question of staff here since we've already approved this in legislation the the vote today is on funding for them to make the purchase but if for some reason we deny this they still have the authority to proceed in law so am I correct that they could just use a different funding source of all year denying today as this particular source of funding cracks other they could use a different funding source within their already appropriation and still proceed with this while we do this or not we're just giving them authority for this funding source versus another funding source that they may have available would that be a correct that is great right. So nervous you have discussion on this and I mean my you're still holding for that question nothing to do with license plate readers thank you only about the equipment upgrade which is in these texts but I want it it's fourteen million and I want more information on exactly what that's forty million is and the connectivity to our school systems will come back to that question you guys don't leave the table once we finish this motion will come back. For memories substance and on the table is to pull c six for separate vote that is the motion all those in favor say I was supposed to. A moral that I was have it the motion on the floor now is for the items under c with the wife the objection of c six so all those in favor sar I was supposed as have it seat attempts undersea have passed do I have a motion for ce six at this point I have a motion I have second any discussion cnn auto's in favor say I was posed as have it c six as pass now with that can you bring your a win expert to the table and will get sender over his questions answe. And and i'm coming back to you a dfa sandra chest how haven't forgot you. Okay we recognize since we appears this and anticipated that we would but I think it's important that we have a separate vote could you tell me when the rules will be promiligated for this or is there a term though I don't I don't know that answer but secretary haggered could answer that question if you don't mind a more hold that question it to after soon urban because i'd started that first and thank you so much yes. Thank you I know we we spend a lot of time discussing this one portion which is a five hundred thousand dollars and i'm asking about the fourteen million dollars band specifically on the a one equipment and I would like more detail on that because again I think it would be prudent for us to be able to connect our public school schools and education buildings. Campuses to the ayon system and so are you planning to use any of that or can you give me more details about the fourteen million dollars in item c six yes ma'am like a lot of these items I can speak very generally so a couple day cash is here to have answer specific questions he knows this system inside now. I'm uncorporate that cash will state please and the answer to that question is this funding would solely be for the state lease to upgrade the actual radios that we use on the a when network. So a win started about five and a half years ago upgrading the actual system which put us behind radios themselves but they are the part that that you're asking schools can come on a win as an agency but that cost is on their own them to bear this sporting million is solely for use with the state police. For new radios or a reflash of existing radios I understand that Says deserve the ability to connect into that system and that why why when there be of a brake like you you're operating as silo again why wouldn't there be cooperation and and a recognition from you know our department of public safety to look at that in totality to make sure that we're all being able to communicate and case of you know something that happens on our schools and our campuses I would think that we wouldn't just look at the state police and their capabilities but that we would also look at should we be able to provide these these radios is a when radios to our school officer school resource officers are school campuses I understand there's a different funding but should they should they're not be an overall view and plan by the directors of the department of public safety I mean I realize that department of education is one thing but you are the department of public safety and and in my opinion if you're going to ask for upgrades for your police officers that's great that's fine but what about having a comprehensive plan of public safety as a relates to our school buildings and our school campuses and the and their police officers that are on those campuses what's wrong with that. Actually I believe that's in place now that the police officers and the share of departments the overwhelming majority of agencies again I could speak to more specific numbers but the overwhelming majority are under a win right now for they do communicate with state police and without a law enforcement to don't point this particular a lot of these other agencies to include the schools have already secured funding to do the upgrades to their radio equipment the state police is just following behind and that's the last few years it was just made known to us. There were a weird several upgrades behind so we now currently have radio equipment that soon will not be compatible with the score so to your point. It they're gonna be more equipped than we are so the the problem would be we couldn't communicate with them not because they don't have as good equipment as we do because we don't have security equipment as they do so it this is simply just to update that equipment on arian but as for the connectivity between the schools and their ability to network with long forcement I believe the majority of them had that as we speak right now some do and some doubt if they change to get on a win then they do if they do not then they updated their own radio equipment that does not have that integration capabilities so i'm looking to integration like that's I think should be a goal and if we're going to use spend money we should spend it effectively and efficiently and wisely and so i'm looking for your office to direct and integration in an intergroup integration approach for a went if we spend all this money in it let's go ahead and integrate it through out our school systems let's not say what we don't want nowadays on the away system from the schools we need to make sure we have full integration with that system so I guess that would be my request III don't I voted for your appropriation request i'm asking you to be comprehensive and look at the integration capabilities that's going to be helpful to your officers that also the officers on our score campus and thank you. Members see enough other questions date police thank you and you guys are excused. You've held a seat for a while today. Up the rules do you have you have a rules question on them right singer chest field. If I may have a copy of that one I can get staffed to get to that cup thank you so much and it it's an act from twenty twenty one so with that dfa if you would know come to the table and then we'll recognize it just feel for her opera question. Yeah. The. Mr allen and mr andy if you guys would introduce yourself at a record and so just feel your economic question element the adfa andy babbitt dfa the a and a guys are at the table thank you so much just a quick question I need to know what the process is to obtain the opportunity. Is territories feel currently there's no oppositor in committee so the request are coming in cooperation at the governor's office the administration working with the legislature and the request are to dfa from from the governor's office so an hour. To instruct an entity in magistrate. As to how to access these fines in the past we said when at that I understood the process that everything that the individuals and magistric wanted were labeled gif. How does one because i'm looking at several of these projects that I can label give us where. Could you tell me the number one what should they do is era of born that they need to access what does one do. Number one was the first year they couldn't they can communicate that to us how people don't have a contact yeah center of chesterfield they the best way is to contact me with the request and then i'll forward it on to the governor's office and governor staff. So how does mine contact you. When you are one of the best give secrets in the world. How does mine do that is people fill out or what they do now man they can there's no form there's just going to figure out if the a n a you can get information on a then they could easily. They can call our mind number for the first campus to reach out correct and then send it to the attention of allen or ever and and if they will just submit you know kind of a very short written request then one forwarded on to the governor's office so there is no formalised prices not not like you saw in the past now in how much money do we have to still available excuse me how much money is still available after today's requires to proceed billion actually done it three hundred and sixty one million three hundred and sixty one million dollars sitting out there but we have no formalised way of gaining access to it I believe there's discussions going on between the legislative body in the governor's office on how to disperse the it as any update from you mr. On out again access to the money. Can you repeat a question I was delivered to license please use the license license played reading i'm still doing okay we're moving on to this in the past we had a formalized process by which we could access this money. There is not wanna lies process because there is no place to go online and say this is where I need to fill out the paperwork so the people can gain it over three hundred million dollars they can get a bit of that path. What is the chair of what has the chair put in place because the finance they just reach out to us but if i'm reaching at them and I don't know the a and a guys then i'm liable to go to more convolutive process it seems to me the people of this day i'd be able to have a sample process by which they can access money or seek to access money because right now it's things if so you know. Do you have any idea of what their process really looks like number one two. A surgery I think the way i'd answered and I don't want you to take a fits to my answer but I am gonna be direct this is an executive breaks fine function the money is setting any executive branch in in the statute currently we do have an approval process of their decision in what is their process in the in the so once they send a letter over to the peer subcommittee for transfer for that money or a appropriation I think you could call it a transfer or an appropriation or both once that letter comes across that's when we engage in the process from the legislature I need to tell them if you want any money senior letter or your request to home first or they would have to get dfa to send us a letter for transfer or appropriations so they have to work with dfa to get to that process that any actually you're not on your head and my explain it correctly is there a website somewhere they go to because there's nothing to download I mean this doesn't make sense to me because normally for stuff there's something online that is deal out this morning answer these questions what is your project how do you plan on carrying it out how much is it gonna cost but that's nowhere online for sender at I think we're getting into an offline discussion you may need to have to have a definite but that's the process is right in what i'm saying there is nothing online that is correct thank you sir hammer do you have something this discussion I do you recognize for quick discussion and we do we have to move on they'll be great then working with you guys for about two years trying to get something for nursing utilising some of those money the reality is it's about relationships and just building out that basis of being able to make a legitimate argument that the administration can get out board and whenever it comes would have to sit from this party and make sure that this body would also be on board. It so it's really just bad get the communications come and sit down with you guys building out the plan try to get administration on board trying to get legislators on board and then if it's a good enough idea than then we hopefully could get it through just like all these others that have been presented before you think that's a fair description of the process. The. Yes sir thank you. Thank you guys billy will move on to d. They give us share we're in section day these are the infrastructure investment jobs act appropriate requests the first one d one is from that part of agriculture this is the nursery entry orchard improvement project it's for a hundred sixty thousand appropriations is this to support modernization efforts by purchasing any tractor repairing upgrade storage hoolers and improve irrigation systems next item d two is on page four in the this is from agriculture state force action plan is for six hundred and eighty one thousand spending authority is to provide technical and financial assistance to local governments to plan urban forestry programs the next item is the three this is on page seven this is the last one it's also from agriculture it's the state forest via assistance response and for three hundred and forty three thousand appropriations this is to purchase tablets for filled personnel and replace radios. Represent kevin all your ignorance thank you mister chair I make a motion for a approval of adams d that's probably motion I have second have second others in favor say I oppose as have it with that will move on to e and I think we have a one item correct yes there section earth is an appropriation of fun transfer this is a request from the department transportation the yarks or highly improving plan two thousand sixteen it took existing revenue streams and redirected them to are not to produce fifty million state match to pull down all available federal aid one of those revenue sources with interest earnings from the treasure's securities reserve arkansas code directs up to twenty million from interest rates flow to the highway transfer fine and then requires alc approval for a transfer to the department. Represent cabinet you recognize I make a motion for the approval of item either. That's probably motioned i've second have second older favorite sa first have it with that will move on to f thank you that he was shared section f are the restrict reserve fund transfer requests the first one is a letter from dhest division of age and adult behavioral health this is forty five million dollars transfer it's from the ebd or contingency set aside account within their restrictories are fun this is to pay for necessary storm damage repairs at the arkansas seat hospital staff learned that this is from the december twenty second december twenty two winterstorm and that it impacts three buildings and at the project is expected to take twenty four months to complete. The letter says repairs will be covered by insurance but the agency must pay for repairs up front reimbursements from insurance will be returned to the restrictories are fun this request is for funding later in the cash section there will be a request for spending authority. Scomedia I would tell you we've we've had lengthy meanings on f one. Because it is kind of a rare situation. I think I want to bring an apartment to the table. To give some reassurances that we are moving this forward in a correct manner can. Misty and mitch come forward please. And I think the interest department's here as well as if there's questions. Can you guys give a brief snopsister and can't talk through what we got to this morning and now. Just let the committee have some reassurances that we're doing this right. As mitch rouse chief staff dhs this is a five million dollars request for money so we can do repairs at ash we had three facilities that were damaged water damage from a pipe bursting. This money is we we have to have it in our possession before we can go out and did it so that's really the next step in this process we've been working closely with aid interest department and we've been working with the efa to to move this forward in the meeting this morning we committed to this body that we will smith quarterly reports on the update of this money we anticipate that you know it's going to take about ninety days to bid this out anyway so our first quarterly report will probably just be an update on who is submitted bids for these services but as the letter stays this is an eighteen to twenty four months project and our plan is to work closely with aid and DFA and dba and the sparty to make sure it gets done correctly. Sooner hammer is your question on this particular article. Is this one about the insurers payout I heard that come in a minute ago yes okay it's on this can I ask you please so what's the terms the insurance I thought I heard it sent me a go that we we've got to pay out and then they reimburse her would you get that again real quick yesterday you're exactly right so we're getting this money we have to pay up front when the work is done we will submit for reimbursement and and then we'll reimburse this body the amount of money we get reimbursed from insurance. Is that normal practices among the insurance industry with the state that we've got to pay for it and then they reimburse us normally what insurance companies pay for. I don't understand it that's normal practice for the state this one's a little bit unusual because of the the higher price the five million dollars but other than that yes this normal practice. Why do we pay the insurance premium in prohibit to do it this week who's the insurance company that we're deal with that's requiring this so this is the insurance that we are required by as a department all of our departments pay premiums towards this I think ad coordinates it for us insurance department coordinates this benefit for us but this is standard we do pay our premiums on it then I can we can have insurance come up if you've got more specific insurance questions I think I can help you part of the instant interest study that were and we looking at it will change some of this process but this is normal proper progress that we we we were on assure we had the same questions you had in some of the answers we got this morning alleviated those pains but this is normal this is the way that that is takes place and it's a self insurance. To a point and then as re insurance on top and that's why it's done this way of but it is a replacement policy authors so as this moves forward this money will come back to an account be swear and then once a let's say the body meets again we'll be able to take action and move it back to restrict to reserve but we have to actually meet in a session to be able to do that and don't for that and the money will be going back to restrictives okay thank you mister felt like that make you feel more comfortable. Central hickey do you want to add well yes and I was going to correct I heard staff because the first letter we had said it was going to go straight back districted reserve I think representative war law he said it correctly but it will not go back to restricted reserve out of this cash account unless this body votes in favor of doing that it will never it will net it will not be automatic because we do not have a mechanism for that so I just want to make sure that everybody's clear that was our thought it first but that's the reason this cash account was set up. So the data sit there and then this body will have their option to take it back to restrictive reserve which you know we would do at that time you know in an actual session. The fna and we've had that we that they are we've had those discussions and everybody's own board with that and whatever we get into session we're also going to make sure that everybody knows what this was and so that they'll know what what they're voting on to put it in to put it or not to put it back in. I don't I think they're still up in the air because there is if that's okay mister chair cannot continue. Well yeah possibly passport night because again I think right now you know there seal small world discussions on what should be paid by the insurance company thanks for share for liation understanding thank you. Like quaga said I didn't feel like we should just move through this I thought the committee should hear and understand how it's going to play out. Billy I think you still need to do two right thank you. Thank you share f two this is on page three in section f this is a letter from the department of public safeties from the division of state police this is a three point two million dollar transfer it's from the motor vehicle set aside account and this is the purchase motor vehicles share those raw the restrictories are transferring. Representative cabinet you recognize thank you mister chair amount for approval of the items on f with the correction on f one to require quarterly reporting on the status of the repairs and insurance reimbursement to the peer subcommittee. As proper motion I have second older the favorite sar. All nose as have it mostly spared you have an another motion you recognize going and submit that now thank you mister chair I moved that the state police provided quarterly report to the legislative council including the number rest made as a result of the use of the license plate readers as proper motion that have second all those in favor of they are posed as habit committee took a while to get that written correctly we want to make sure we were doing that right so just will let you know why that's behind as we move through the items a review will be moving through these without an objective motion we will take them up by the letter so they will be done in a batch just like before billy you are recognized to do g thank you miss share where section genies of the cash for an appropriation request the first item is a letter from department of health state medical board is for a hundred and eighty four thousand and spending authority is to make refunds to applicants legislation from the last issue requires an apartment to reduce fees if a board accumulates a large fund balance. Next item g tutors is on page three it's a letter from the chest division of eighteenth for five million this is to pay for the storm damage repairs the funding comes from their shippers are transferred it was approved in the last section. Next item is g three this is a letter from department public safety state crime level it's for thirty thousand in appropriation this is tetalized phoning provided by the attorney general's office for rapid deana technology must chair those are all the cash appropriation requests. The. Without objection we move on to h. Billy you recognize. Thank you miss share were in section h these are the budget classification transfer requests the first one is a request from transformation share services building authority it's a thirty thousand dollar transfer from operating expenses to capital outlay and this is the purchase a new tractor to maintain lawns round state next item the last item is from public safety criminal detention facility it's a thirteen hundred dollar transfer from travel to operate expenses and this is to cover an unanticipated vehicle engine replacement without objection will move on to our really you are recognized thank you miss share we're in the mislanes federal grant appropriation request is the section I the first one is for department of agriculture at the forestry division and this is a request for one point eight seventy five million appropriations they have a grant from the usda to connect people to trees and force an engage in stewardship activities with an effort with an emphasis on disadvantage communities that next idle number two is department of commerce economic development commission it's for four hundred thousand they have a grant from the US department of commerce for the hollings manufacturing extension partnership to develop programs to make domestic squad change more resilient and efficient. The next item number three actually the next three items that's I three through I five this is for the dhs division of aging they have grants from the federal department of health and human services that total nine point five million and these are grants from the older americans acts provide home delivered services to the senior population so that I three foreign file the next one will be I six. I six is on page seven of section I and the next seventeen items that I six through I twenty three are for the department of education office of early chocolate and a total two hundred and seventeen million each of these federal grants were previously a dhs the learned transfer of the office and programs to the department of education these requests will provide education with the spinning authority for those programs miss chair those are all the mfs on today's agenda. I'm trying to find out where the representative former representative bras comes in there building and I was hoping it took you longer to get to twenty three than that but. Go ahead and without objection we're going to do jay and then I have a statement at the end of jay. Senator tucker you recognize thank you would you just tell me one more time about that grant for the early childhood. Yes or so these were programs the red hs and they've been transferred over to education through the learns act for good speeding authority to spin those phones the the proper way they went about is just asking for federal appropriations through the mfg process and what's the federal force source of funding is it a granners are just regular part of the federal budget you know I would need to refer to the agency to give more specific answer thank you. Yeah. Send dots and you recognize. Thank you mischair bill you might be able to answer this all of these education earlier childhood grants that are moving over. Is there anything in there that. Is new or changed or reduced from prior years. I would need to defer to the agency to get an answer on that to have someone here that. Thank you so it was two hundred yeah it looks like we have someone. The. Yes sir they the I six through twenty three all seventeenth items a total two hundred and seventy million two hundred seventeen. He would introduce yourself a record in your recognized answer that. Director of finance for the office of early childhood. And these are all that there's nothing new and nothing has been reduced oh our federal funds come from the usda for food and networking program and our comment is program and then we have our children development block grant and then we have had start. Are there so these are all just the ones coming over from dhs to the department how much is already at the department of their. The governor had given us a fifty three million dollars appropriation so we had roughly two hundred seventy million total in in the all the really childhood development programs combined. Yes alright thank you. Thank you so without objection in my earlier statements means that all items in those letters are reviewed so I just want to be clear that we are reviewing them without objection so so if that you are excused and we'll move on to j. Thank you miss share when section jay these are pay plan appropriation requests there's only one on the agenda it's for the f a regulatory division it's for three hundred and fifty thousand preparation for regular salaries and match this is due to a reallocation of positions for tobacco enforcement. Without objection to stands reviewed. So members will move on to the view subcommittee now and we'll go to miss cathy smith miscarely when you are it seated less start with adam d without objection. Thank you mister chairman so we're going to start with item d in your packet this is the only approval item for the committee today and this is a lease agreement between you AM s their east regional programs in west memphis and it is actually the disclosure of the building that is partially owned by state representative of this requires both this approval from this committee as they got as well as the governor and on page six of this part of the packet you'll see the governors signing our phone this this has been in existence it's two thousand fifteen in once again this is a least disclosure of and it is approval at home for this committee. The. I can't believe i'm doing this to let the poke it out of here but send you flip out you recognize there is a propromotion have a second all those in favor of the opposed as have it miss gathering would a um under a we have these are our of construction projects over five million dollars also known as alternative delivery there's only one it's for you apb it's for their track and soccer field and. They note that they received four proposals they interviewed for construct contractors they chose nab holts as well as poke stanley wilcox it's a five point five million dollars project and this is for phase one of their soccer stadium and that's the only alternative delivery on today's agenda. Yeah. Without objection items in a stand reviewed and b mr chairman b or discretionary grants we have forty four grants they all come from the department of human services I will note at thirty one of these grants are going to be for services to homeless for over peer collaborative treatment project the others are for addiction and recovery treatment and support peer support specialists and services recovery sortifications service for domestic abuse victims literacy programs and feeding programs and again those are discretionary grants from the department of health without objection to stand reviewed and we're going to see the next items are our contracts in the beginning of packet see on page one is the letter for mr at armstrong director of osp stating that none of the contracts as he noted appear to have been procured in violation of arkansas procurement while the first group are construction related contracts this is on page two of the c packet there are two department agriculture north natural resources commission this is the new original contract to assist community water systems in preparing lead service line inventories and of the second one is the department of the military this is for the architectural engineering design services and this would be for a new eight thousand square foot barex to be built at the basil that the account robinson those are the construction related contracts. We have oh. Question. Okay so that in one without objection stand review number two please and pertain intergovernmental contracts beginning on page three the first one is the commerce department economic development commission with you a fayetteville and this is to run the world tried center arkansas number two is dhs in this one with ual artists is for planning and implementing substance abuse training and treatment number three on the next page is a new contract between the heads and UALR for substance abuse block grant prevention services and number four also for DHS with love is for supplemental nutrition assistance program nutrition education services number five is the department of public safety division of argues our state police this is the contract that they have with the with alabama university balance or move our which is the mobile officer virtual environment of arkansas system and the last one is apartment veterans affairs and this one is with UAMS or medical services for residents of the state bedrooms homes about the north little rock and fayetteville. Those are the annual governmental contracts without objection they stand review out of three next is out of state contracts the first one is department for agriculture natural resources and this is a contract that they have a new contract for professional engineering services for southwest dark into red river navigational core of engineers for that project nexus department of corrections and this is the contract that they have are pes control services number three is dfa management services and this is a new contract for the arkansas integrated revenue system it's or maintenance and poor and support of that system number four department of health this one is an amendment for the nurse family partnership project number five department of health and this is on page seven this is for a. Working with patience connecting with them automatically and effectively using two way email short message service and interactive voice response communications number six as dhs this is then a min to a contract for expansion of the supplemental nutrition assistance program education and training number seven is a new contract in this would be far DHS to have nursing and medical staffing services for the human development centers number eight is dhs this is a new contract for patient center medical home portal services number nine is department of transformation and shared services this is going geographic information systems office and this is maintenance of the next generation none when one system number ten is uar this is a contract for excuse me for services for stand plus c two grant number eleven is uca this is on page nine and this is that amendment to the contract they have for their enroll three sixty program it's for enrollment management services and number twelve uca this is for contract that they have with allusion degree works student education planner training and that has to do with their registrators office those are the out of state contracts. We have a question for representative cabinet contract yes this will be for the agency what change dfena. Alright they look surprised. The. The. And if you would introduce yourself at a record and represent the calendar direct last three questions thank you mister chair. And there but df mine is gonna be on contract number three with with fast enterprises it's on them arouse maintenance is for twenty eight million dollars and some change amazon and that's for a year yes ma'am that would be fair if my memory serves me correctly we they had some type of contract for this purpose system not too long ago did we not do some additions to theirs is this not for drivers license that I believe was for a demiant which is our our actual photographs for a driver's license this is for the underlying system the handles both are income tax in our sro car tags and in the system that handles all that how many people bid on this contract they were then only ones that actually beared it was an rf and they were the only better on the contract are they the only vendor that can do this no ma'am. How can we don't get any other bidders it's a the underlying system can be maintained by anybody who has the background in dot net however the. For whatever reason nobody else better on it. Is it an outdated system is that why nobody else wants to bid on it the man it is a it is a. It is a new system it's based on new technology the system. Eight minutes die its microsoft dot net so it's it's it's a modern language in system. And how much was the increase. Um the contract changed them where we did have a fixed price can't tray out but with a new one uh they went to a uh. A a resource based so the number of resources we need to maintain the system so what you're saying at the twenty eight million as if we fully utilize the contract however on a few years we will stand down personnel from fair so we should see some savings okay that's still didn't answer my question how much is the increase in this contract over the listing contract. Do you mind if I get that for you I don't have it with me yes i'd like to know what that you increase and also like to know why we can't get any other vendors to bid on this because this looks almost like a cell source and that's kind of what bothers me because they're already doing do an it and it looks like we only you know we're going to one vendor for this and we're not getting a competitive beat so that's what i'd can like to know okay thank you. The. I'm curious now. Was this written in an error wage or were only one vendor could be for this no sir it was written so you answer really quickly how how do you know that you involved in the writing and received personally good point I was not a reliable master for trust when they were authorpy. I think i'm on make a request that we hold this contract over the next month's review I just want to hear from the department and how this rfp was written I find it really weird that a twenty eight million dollar contract couldn't get more bitters than one it bothers me. It also bothers me that it increased from last time. I just think we need more information on this and it's probably too much discussion that we could have in full council and i'd stick to subcommittee needs to secure this one. So without objection and will hold this one over the next month for further discussion and have those folks please definitely at the meeting so we can get in depth reasoning why this is the way it is I just received a text it was five million dollars increase per year is what the increase was. So so with with my without objection were referring it back to review subcommittee for further discussion so hammer you got a question that just quick want to maybe you could bring us to that sub commute me did do nothing a company's work were involved in the original bid process or did you have anything from the once it chose not to be that responded by saying we declined to bed I will have to get that information for you I don't I don't having knowledge of how many may have. Ben solicited to be it on it and chose night to you okay maybe if you would just pass that answer when they come to the subcommittee they could have that information available what was what were their responses from the companies that were qualified bid but chose not to bed and if so what were they thank you very. And let me send to urban I get a couple and then i'll come back to you and yet and I think just for benefit of the members if we could provide more information versus just airs maintenance and support and say that we understand exactly what the spending so that we can review to see if rfp was written and let me let me make a low correction the twenty eight mean is for three years not for a single year that's big difference yeah so hookie recognized yes i'm i'm fine with your motion with just I just want to make sure that we didn't have any deadlines on that or anything else by waiting another month that was going to hold anything up that we didn't know about well if if this contract is held over will have to stand down the resources which means the current tax current that was just payout or will be a mind later in programming and implementing it into our system. So you're talking about as far as any table was any reductions in the tables and things that that nature also guess sir. So if we wanted a reduction in the table for the credit that we've done your telenuse that that you would not be able to do that if we hold this over until you get approval is that correct that's correct this can't track that we're currently under expires at the end of this month and so these resources would be stirred down and told when I came back to you and again mr chair i'm just make insurer and I think it's important thank you sir sir this mean you recognize all right so that again accepting a maybe have a different understanding what we're doing we're not doing. It is not the intent of dfa at this point. To do anything regards to regarding the tax cuts to change the current withholding tables so this contract let me limit try to address this what this contract is for for the resources that maintain how her system are general tax system and rsroom this contract expires at the end of the month we will not have the resources from the vendor. To implement the new tax changes that were just passed. Until next month when we come back I can get the contract reviewed the and some dads when we could start but we're not I mean I hope you do but out here we're not withholding tables prior to the end of the year yet yes from a sentiment this make jim heads of sector DFA we are not changing the withholding tables in calendar year twenty twenty three to take into account the hundred fifty dollar tax credit. We do need to begin the work as soon as possible to implement tax changes for next counter year. But you all be able to pull that off mean you have several months to work inside will be okay. Are you saying we're not going to be able to just kind of. Uhm. I think they're getting time we have a delay you know we always was crunch that time down you always. You push a resources harder. The possibility of an error in advertner could occur I can't say that we won't get it done on time if we have a delay it'll just be standing in on the resources between now and won't get the contract approved good it's important we're gonna get it done regardless right now thank you. Somehow I figured you would but I also want to know when was this contract was awarded the actual date owner that before we leave this table. The. The. When was it originally now this contract you're here for review the current terms are when I don't ask when did you award it to the vendor that you awarded to what's a date when do we make the pecument decision yet okay and we'll go off memory here it was a proximately. I want to say three weeks ago four weeks ago it was it was in time to get it on the agenda for this but not in time for the august. Correct. Thank you sender hammer so what what happens if a firm if the contract expires into this month. The. And it's an expired contract what could that potentially do as far as them coming back and saying it's going to cost us more now because you'll do this proof day and is there a potential this is going to end up cost us more if it's not handled today that's number one in number two why was it such a short window of time. That and i'm not sure that they may be the chair can answer did you go through did it go through peer with you before it got to us here today i'm just wondering why such a short window of time before it was no it did not go through pure review it was on the agenda for peer this mind but with a special session okay you get moved to this committee or at network that's why we're having it today but it's about what about the potential for additional cost if there's contract expires into this month say it gets held over next month this can be after the contract expired could they potentially come back and say you know what's going to call show more now because it's delayed. Yes we're sending to me all the procurement awards of contention upon review by this legislative body and you know the appropriate appropriations on i'm less concerned about that issue what i'm more concerned about is constrained timeline and you have not having a month available to us to have all the resources actually at work we will understand down during the intervening time for you to come down come back next month. And legislatively I can't remember in the legislation was required that we have those tax refunds and other things stood up by certain date or do you have any attitude based on what was written in legislation I don't remember senator hammer I think soon this makes us an alleviate some of that for you thank you since this may not recognize yet means so and if there's any chance at all that there's a possibility that we could change the tables I don't want to take that away inside the current year I realize that the direction is not trinding in my favor but if it's possibility I want to leave it there if we do what we're talking about doing right now and not allowing some attitude to be held by the chairs for someone else that we're setting that instone i'm in then potentially the making some more errors that would impact maybe even what we've done or were great more strict time table me to what my recommendation would be instead of just holding over the like to make a motion that we allow the chairs of the review people committee and constitution with the chairs of legislative council to prove this at a future date once all the answers have been you provided and then you know make sure that we do have a report submitted to council after that is that's probably motion to have second I have second honors favorite they are post at have it with that um forward at that mother if you if you could all please be as responsible as possible between now in the end of the month to request from the staff. Thank you. Members we were move on to c four are all items to see three outside of this contract in that motion are now reviewed without objection c four please see four which is on page ten of the packet these are the in state contracts the first one is department bagriculture this is a new contract for aerial fire suppression services number two is department of commerce economic development commission for with when right for management of the innovative arkansas program number three department corrections this is for their waste disposal services for their facilities number four department of corrections this is communicate community corrections number four and five or both for license transitional housing programs number six three seven also for community correction or for comprehensive based treatment services numbers eight and nine as well as number eleven are all for transitional housing number ten am number twelve this is on page thirteen these are going to be for community based treatment services again this is all for community correction and then on page fourteen of their is the department corrections division of corrections for hill services this is for crawl appalling services for each dark it's all in on this particular crinter act the legislature is being asked to review both adams amendment number two and number three number fourteen through number seventeen these are all going to be for DHS and these are far can't present substance abuse treatment services number that takes us to number eighteen that's on page sixteen then this is far meal services for the civilian student training program. Numbers nineteen three thirty are all going to be for UALR and they're all amendments to existing contracts they don't add any dollars but they are prevention services for arkansas communities and that takes us to the end of the in state contracts. So you know objection all these items will stand is review members will move on now to you to the I section we will need a motion for review under at two motion i've second orders in favor say I was have it and motion stands reviewed on our two we move on now to number seven to a presentation report from our sector putting on a sister living over. Ma'am secretary if you had energy separate record and you're recognizing report thank you mr chair christy panthem secretary department of human services. Here to make the monthly report as directed by section fifteen about two thirteen of twenty twenty two i'm reporting the status of our efforts around reimbursement rates under the living choices assisted living waiver in the august meeting of alc I announced that dhs had dispersed two million dollars for support of assisted living facilities on august tenth as bridge funding to assist with continued operations while we implement the cost reporting process required by act when ninety eight of twenty twenty three. Previously last month I reported that five also failed to respond or declined to participate in the two million arpa project that did not change their I reported it in august that there was a balance of hundred eighty four thousand in that account um i'm correcting that this time to two hundred twenty thousand nine hundred eighty seven dollars the difference there is that a one provider we had run the funding formula under their old provider their medicaid provider id we've corrected that which actually added funding back to what was left so we have a balance of two hundred twenty thousand nine hundred eighty seven dollars that will be redistributed to the facilities that chose to participate based on the original formula. We are continuing to work on implementing act one ninety eight which requires a cost reporting requires us to establish cost reporting for medicaid funded assisted living facilities. In addition where continue our broadbase review of the entire medicates system and we will bring forth recommendations on that later this year or next early next year we look forward to reporting this information are two alc when the information when the review is concluded I do want to report that in the cost rewarding process just to update you on that but we did send surveys out to all fifty two assisted living facilities on august eleventh we requested their replies by september eleventh which was this past monday as of monday thirteen of the fifty two assisted living facilities had not yet submitted their cost reports director j hill has contacted all thirteen of those facilities that had not submitted their reports yet and he has either spoken directly to the administrator or left a voicemail after multiple attempts to reach out two of the facilities on our list are no longer operating and as assisted living facilities so they would not be required obviously to comply with that and then there were several assistant living facilities who called us to see they had some trouble submitting trouble on their side of submitting the report whether they lost power or they had a cfo who was not present and could not respond to that timely. Um. And I think that is. Fact that concludes the report and i'll take questions if there are any. Thank you is two of the thirteen didn't respond because they're no longer business. Is that what you say my understanding is that they are no longer operating as assisted living facilities they may have changed the really there's a leven that didn't respond is that correct. Thirteen. Two of the original fifty two are no longer sitted living facilities but he said thirteen didn't respond thirteen did not respond which it was the two part of the thirteen. I'd like to ask director hill to come and clarify the correct number. The. Go ahead hill edging don't behave or health of the hs and senator there are thirteen active assisted living facilities that we are still awaiting their information of our original list of facilities we did determine it one of those are still an operation it is simply a while simply it is a skilled nursing facility they have closed their assisted living facility beds a second facility has closed altogether appreciate that clarification and she said their contact tried to be made I mean I don't couldn't lots like people supposed to meet a deadline it's in there advantageous for them to do are you getting credible reasons that wouldn't matter one facility had a torn out of a few weeks ago if it's great and I lost tower so that that is several of the facilities I say several there were a few a couple that had their finance staff their cfose or either out of town one had to go out on a family emergency they have their pledged me that they will get those in either but they or very early next week some of the facilities I have either I have reached out via email to their administrators i've left messages we've talked with their staff and there were two facilities that it did have follow up questions about the survey they've never completed one and so I think that this is our first our first four a into this business there have been some growing paints with them they have all in all told us he had told me that they have that they that i've spoken with that they do intend to get these reports back that they're excited about you take this data will DHS engage to go over to you this data so we've requested quotes from our two existing vendors because it is within their current scope to conduct costs conduct analysis of cost reporting those two vendors or guide health and middlemen so we are required we have waited with requesting or waiting for information back from them on the quote to do. The review but that should happen within the next week or two we should be able to proceed okay the temporary rate increases scheduled land in it early november. November eleventh yesterday can you give us some timeline. Uh when when you're going to be back before hours with the. Recommendation we will if not before the next alcee meeting we will provide a written update on that process cmstored issue guidance that it would allow us to extend and so we're reviewing that currently okay thank you thank me. Is it is there any kind of penalty and that statute firm. Facilities that do not respond and how their reimbursement rate. Would move forward cause I mean we're asking them to respond to tell us how they spent the money that we've paid on how that's been allocated and then they don't respond so II get that there's something had valid rescues and i'm all fair with all that but if if we go through this a month from now in two has at responded what I live what are the purities ways that dhs can get that information yes which chairman and there are their art financial penalties that are built in there they're not mandatory they are a discretion dead see when and working with the facilities up to an including limitation of their medicaid beds restriction of admissions all the way to removing them from the list of medicaid providers so there is a range of penalties thank you had a hour familiar with a statute so just yes senator hammer you recommend mister good morning the ones had have not responded are they do they take medicaid patients they do okay and do you know that they currently have medicaid patience or they do you know if they're choosing not to respond because they don't intend to take medical patients so why should they have to submit their financials. Senator are expectatives that they are enrolled as a medicaid provider and whether they have a sensor to date of medicaid clients they're expected to return the cost of port that if they're going to participate in the program. Okay so as long as you're on the sounds they're listed as a medicaid provider or willing to take medicaid patience even if they don't have any or don't intend to take any they're still required to submit their financials that's correct if they intend to maintain the active medicaid provider status their required to comply with the statute if you get any push back from any of them that said well yeah we're medicaid qualified and all that stuff but we're not taking any don't have a history of taking a so why should we have to give you a financial no sir we have not okay right thank you. Seeing of other questions we accept the report so members see another action items on the report on the agenda we stand adjourned.
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Agenda

A. Call to Order.

5:05

B. Roll Call.

5:12

C. Approval of the Minutes of the Last Meeting, August 25, 2023.

7:06

D. Department Secretary Presentations, pursuant to Act 413 of 2021: (none)

E. Presentation of the August - 2023 Revenue Report – Dr. Carlos Silva, BLR Legislative Economist

7:17

F. Report of the Executive Subcommittee — Rep. Jeff Wardlaw, Sen. Terry Rice, Co-Chairs

22:00

G. Reports of Standing Subcommittees:

22:41

3. Review Subcommittee — Rep. Les D. Eaves, Sen. Scott Flippo, Co-Chairs; Presented by Ms. Kathy Schmidt, BLR Staff.

2:12:55

J. New Business:

K. New Interim Study Proposals and Interim Resolutions: (none)

L. Business Carried Over: (none)

M. Adjournment.

2:45:00

Documents

TitleTypePagesSource
Agenda — ARKANSAS LEGISLATIVE COUNCIL (ALC), Sep 15, 2023 Agenda 5 Official source ↗
Exhibit C - ALC Minutes of August 25, 2023 Exhibit 6 Official source ↗
Exhibit E - BLR August 2023 Monthly Revenue Report Exhibit 8 Official source ↗
Exhibit F - ALC Executive Report - September 6, 2023 Exhibit 1 Official source ↗
Exhibit G.01 - ALC Policy-Making - Contract, Attachment Exhibit 36 Official source ↗
Exhibit G.02 - ALC PEER Revised Packet2 Exhibit 71 Official source ↗
Exhibit G.03 - ALC Review Subcommittee Exhibit 52 Official source ↗
Exhibit I.01 - ALA, AAC - 2022_inmate_cost_study_pdf Exhibit 57 needs OCR Official source ↗
Exhibit I.02 - APERS - HarbourVest Partners ALC Review Exhibit 2 needs OCR Official source ↗
Exhibit I.03 - COSL - Deed Report April-June 2023 Exhibit 413 Official source ↗
Exhibit I.04.a - DOC - APB - Activity Report - August 2023 Exhibit 52 Official source ↗
Exhibit I.04.b - DOC - DCC ALC Monthly Report DCC September 2023 Exhibit 7 Official source ↗
Exhibit I.04.c - DOC - DOC Inmate Population Report - Sept 4, 2023 Exhibit 2 Official source ↗
Exhibit I.05.a - DFA - EATR - August 2023 General Revenue Report Exhibit 5 Official source ↗
Exhibit I.05.b - DFA - OAS - ACA 25-1-110 · Miscellaneous Federal Grant Appropriation Requests › Department of Human Services – Division of Aging, Adult, and Behavioral Health – Older Exhibit 6 Official source ↗
Exhibit I.06.a - ASU - Compliance Report - 2023 Exhibit 5 needs OCR Official source ↗
Exhibit I.06.b - ATU -Compliance Report - 2023 Exhibit 8 Official source ↗
Exhibit I.06.c - UofA - Compliance Report 2023 - Rice, Sen, Wardlaw, Rep Free Speech 08-10-23 Exhibit 8 needs OCR Official source ↗
Exhibit I.07 - DHS - OOS - ALC Assisted Living Report - September 2023 Exhibit 1 Official source ↗
Exhibit I.08.a - DPHT - CZDC - Monthly Activity Report - August 2023 Exhibit 4 Official source ↗
Exhibit I.08.b - DPHT - DSP Division of State Parks - Annual Report Regarding Implementation of Dynamic Pricing Strategy Exhibit 2 needs OCR Official source ↗
Exhibit I.09 - DPS - ASP Uniformed Health Plan Fund Balance - August 2023 Exhibit 3 needs OCR Official source ↗
Exhibit I.10- DTSS DBA Monthly ALC Report.FY24.Aug Exhibit 22 needs OCR Official source ↗

Speakers