ALC-Administrative Rules

All right members if you had find your way to see what I would get started by our clock should appear to ten o'clock and just want to remind everybody that if you're in the audience and there is a rule that you would like to comment on that their sign up sheets back there out there at the table just in front of you if you would please your member of the audience get that get it signed up if you want to speak on a rule with that we have one report from the executive so committee this month concerning its review and approval of merchant rules which is in your packet and by having questions. All right then without objection report will be filed item see on your report we have no report this month from alc subcommittees consuming the revealed rules move another day next on the agenda and be the agency role so i'd like to get our considerations commissioned come to the table first graham we got you there you would please circumstable name entitled for the record please. And we're on on the agenda were d one a rules on campaign contributions limit thank you mister chairman greyhound slaum director of the ethics commission can go here sir this is a rules on campaign contribution limit in it it's gone up from twenty nine hundred to thirty three hundred. I asked the formula that. It's in the statute that we follow. Okay are they having questions. I had seat forty two. A present rate. Thank you mister sloane I guess my question would be moving forward because we do this every two years right is there a better way to do this whether it's emergency rule or or what happened because what what ends up happening inevitably every two years as the f c will put out a new limit for federal campaigns and then it takes us six or seven miles to go through the rule making process right update that and so what you end up worth is you know a campaign cycles twenty four minutes so about thirty percent of the campaign you have a two tiered system where you have one limit for federal campaigns and you have a different limit altogether for state campaigns. Have you given any thought to how we might be able to improve this process maybe in the next session so that we don't have that issue every two years yeah yes the before the of ethics commission was tasked with raising it by rule the general families to just change it in statue you know so they were just passed a bill and amended if if he didn't for whatever reason that one working in in the are decided to go the room I can process I know air zone for warn they just are there as they're ethics commission to publish the new number and and and so you know I don't know that we need to go through a rule making them to put that number out there the ftc numbers came out of february second we had to get governors approval for rule making that took two months and then there's a thirty day comment period as part of the rule making so our part of it took about two months then we were actually done with this back on june sixteenth and then this was just first opportunity to for yall put it on your agenda and so you know it was so if the legislature in the next session decided to. The. Change that change this process so that doesn't have to go through the rule process you wouldn't have any objection to that no not at all in fact it is the you have trouble of having them to go through rule making which is time consuming and expensive I think it'd be a lot simpler alright thank you very much there are any other questions for members nobody in the owners sign up speak for against it so without objection this rule will be this will be reviewed and hold on a second thirty eight is represented ladyman thank you mister I was just wondering in the description here it doesn't talk about the effective date one is there if it's in the rules it say off and it's effective back february second okay now thank you please call any other questions. Then without objection as rule is reviewed and approved thank grant for being here today thank you next time a list is d two a which is arkansas tourism development department commerce please. That. If you were police name internal for the record. Thank you mister chair tucker brackens legislative affairs for the department of commerce. Prone dirty policy director for the arkansas economic development commission good morning go ahead. This rule before you today is a result of act six fifty two pastor in the general session that expands our tourism development tax incentive program that provides sales and income tax credits for qualified projects that locate in a natural state opportunity zone the act also gave the economic development council or commission authority to promulgate this pilot program and to establish the four natural state opportunity zones and those are. Queen will mean that petty jean pena call and the delta heritage trail the boundaries of those parks and then an eighth of a mile surrounding the boundaries yeah i'm happy to take any questions any questions for me. Speaker shepherd. This representative sorry represent word long I just wondered as a presenter have a can folks in the legislature i'm not sure if I should answer that or not I would play the fair to four of you thank you mister any other relevant questions alright they would now be sign up speak for against the without any objection as rule as reviewed and approved thank you for being here today and tucker I think you're up on the next one to answer and that's going to be agenda item d three a amendment to saw ten of department commerce. And david you can come join or is it just going to be I think quarterly trailers is on a way of care too. Yeah. Good morning courtney trailer deputy director of division of work for services david one more time for you please tucker brackets legislative affairs for department of commerce or you'll go in proceed please were no day three a. This rule and results from a change in the federal requirements for the tanner program it requires that our state plan established standards and procedures to ensure that applicants are potential applicants for the tan of program are notified of assistance for victims of sexual harassment domestic violent sexual assault so this rule just reflects that change in our our state plan as required by the feds. Happy to take any questions right now in that transitional period so just I know you have to table but DHS dw work and well to get this transition your agreement with it that it's okay could come over to you we are and if there are any implementation questions I think the adjustments here to answer those since they'll be taken handle in this program from here for right here i'll get a question from seat sixty one I can't see who that is but you're in. Senator well. Thank you mission in looking at this rule and you review it you all did not have a public comment you don't have a public comment public hearing held is there a specific reason why you did not is it just because it was handed out from the fears of me like was just curious. I'm not aware that we didn't have a public hearing there's the promulgation process for the started back in twenty twenty two some night i'm not sure if we had a quote i'm just reading from the page six to say there was there was no public here in hill for this rule. The. I'm sorry so i'm trying to catch up with you miss it sure do they have a one of our packets. I do not know if you have one of the packs but look right there in front of you shiving package right from you turkey on going out there and look on page six at the top of the page that right center love is that where you're looking here saying thank you. Okay I see senator love let me get dbs general council appear and he may be able to answer that question okay if that's okay mr chair yes. Our general accounts all just confirm there was the forty five day comment period but there wasn't a hearing okay it isn't that you are don't hold hearings or is it just that you just have a comment period. Just the comment period. The. Okay d do you are holding any comment periods for any of the rules that you all have. You underweek wheel at least the public are thirty day public comment period public hearings for any of the rules that you have for you just do not whole public hearings for near the. Of the rules we do have public here we had public hearings for that last rule that I presented i'm i'm not sure why there wouldn't be a public hearing less than forty five day sir love canada rep for a second just let me ask you a question could make clear just covered under the apa. It has does the apa require that you have a public commitment period. It does require a public comment period yes but not a public hearing right that I don't know the answer to i'd have to ask council it doesn't now ok part shouldn't love maybe they will help or go here with your own questioning okay and i'm well whenever you don't have a public hearing I just give a little concern because you know while you do how public comments not everybody you know cover takes part in there but when you have a public here usually people do come out and the public usually comes out so I was just without curious as to why you are in how often i'm finder just in the future how will I would be interested in new or home public hearings to just ensure that the public needs you know. To be able to come down and and so what they need to say yes senator we we understand your concerns and I don't think it's best practice that always have a public hearing as well so we'll make sure to take care of that going forward thank you sir thank you miss share it welcome any other questions. You're good anything else now sir okay then no with no other questions somebody's sign up speaker for against the without objection as rule is reviewed and approved they kill for being here thank you mister chair care removing out of d for got AB and c all with the department of health. The. The. Necessarily one on microphone is to your heart so she didn't turn it off and will have the same question for the department of house as well too what do you just wait and turn it off but like back up you'll be first accused of love. Good morning if you always please name and tell for the record and center lower push about their placer good morning i'm large sheet on general counsel for the department of hell. Good morning i'm not in button depthy state health officer good morning if you will for a which is rules pertaining to reportable diseases. Thank you mr chair we have three rules to present to you today the first being the rules pertaining to reportable diseases we have added a several diseases that will now be mandated to be reported they include conditions that also needed modification are based on changing and take just gives me changes and testing and reporting other changes include reporting instructions at the app we prefer electronic reporting using an h l seven feed a prior to a phone call or a fax and this will help speed app are the reporting for our list there was no public hearing held on this issue all of the stakeholders were notified and obviously under the law under the apa of twenty five members of the public or an association asked for a public hearing we would obviously hold one but one was not held in this matter the public comment period expired in november of twenty twenty two and we received no public comments okay let me ask up a questions among the well certain level go ahead and then i'll come back if you go in. Uh thank you mister mit mission can you repeat that for me in regards to what she stated about the public comment. We did not have a public hearing in this matter of did have the the mandated public commit period pursue it to the administrative procedure okay so under the administrative procedure he said you said if there's twenty five members i'm trying to try to get you to repeat what you which is requires you to have a public hearing if twenty five members of the public or an association request went we traditionally notify all stakeholders including the hospital association in any providers that would be mandated to comply with this rule so there aware of this rule and we receive no public comments alright thank you cop questions one would you have to do or what has to happen or get on this least and is it updated annually or something arises that meets the criteria or to get on this list. You said yes it it's periodically updated based on national guidelines and new and emerging diseases that we see as a threat that need to be included in the list so that we are notified another soul it it is basically based on national organizations guidelines changes so hence experiencing updated are to reflect that okay and then with that the alpha girl send room it's associated with if I got this right it's it's associated with tick bytes as they're correct yes yes it okay so they've been referred to its tick fevers have been referred to his line disease or in our launch two different ones cause there been a blood a debate about that the past i'm just wondering yes it is it's a totally different das in dramatics it's not itself it's associated with it by but it is not limited other than dick diseases so you'd say or to a logic reaction when someone has a ticket by history of the bid and is exposed to a certain type of red meat they get this condition so it is not a you know it's not like lie more other diseases but you'd say a logic type of reaction okay and then the other question is and and i'm asking because I don't know I just member ring something over and had time to google it to check which i'll have the term monkey parks on here and I was under the impression that that term was in the process being changed is is that correct or not correct and without having a bearing in the fact that it's going to be in rule as of now that's the nominee glitcher that is being used and that is what we are planning to use. Hey guys if we get all chatter down please look trouble here and could you say that again please that is what is currently using the nominature and that is what we have included in in the less here okay thank you any questions for me members on this rule. Nobody signed up to speak for against with that objective this rule is reviewed and approved were on two rules of hospital and related institutions for be on your agenda all right your head. Thank you mister chair members of the committee the next rule for the department of health is dealing with the rules for hospitals and related institutions in arkansas this is implementing in a formal final rule promulgation process but fifty nine of twenty twenty three which was signed by the gavener on february thirteenth we had an emergency rural promulgated back in may due to the fact that the law had an emergency clause we moved forward with the permanent rule promulgation and had the board of health approve this rule back in average we had a public comment period we received one public comment and two questions from belar and those were answered in your packet on pages at twelve and thirteen we have to go ahead and file this a permanent rule because our emergency rule expires in september and this rule is being utilized currently for hospitals and are going there application process in my understanding that we have at thirty five hospitals that are eligible over the twenty eight critical access hospitals and the seven rural hospitals and we are happy to take any questions okay in a few minutes name and tile for the record for brother please I didn't get that sorry. Can email to are considered department of health okay any questions for many members. Now we sign up speak for against them without any objection as rule as reviewed and approved thank you for being here in your one guanda four c rules pertained to the list of control substances thank you mister chair members of the committee i'm large sue general council with the department of health. Shane david arkansas apartment health. We have several amendments are pursue it to the law that requires the department of health and the secretary of help to a man the controlled substance list annually we have the list provided for you in a summary of several of these substances are added pursuing to better while and following the dea some of the use substances are scheduled according to what the fda has approved for a certain drugs schedule six has been clarified and we also mirrored act six twenty nine at six twenty nine of twenty twenty three is currently under challenged and you may have I read about that and the paper recently there is a federal court hearing that was held yesterday so the possible injunction of the enforcement of act six twenty nine it's pending and we are paying attention. To add the legal proceedings led by the attorney general's office and keeping and close contact with the governor software in the attorney general's office in that matter in the meantime we are trying to go forward with our rule promulgation until the court tells us not to so we will be happy to take any questions center every thank you mister chair just just back on the previous rule and an apologise mr chairman did we contact the ceo of helena at a hospital in response to his comment just to help advise him or direct him more to the governor's office for those for those comments of assistance sure and will be happy to follow up after this meeting today to but traditionally when what the agency response are to a stakeholder that makes a public comment we reach out to give the agency response either in person are in a latter and we'll be happy to follow up with them and make sure they have contact with the governor's office that'd be great thank you II don't have any questions on the this rule except for the again we just explain to me how we're going to proceed with this current rule in light of the litigation how does how does the mechanically that work. It am is kind of a a dance that we have to do with the laws that require us to move forward with rural promision and quickly and act our rules are preserved to emergency clauses so we are moving forward to the extent that we can if the court tells us that we are can I am in force this part of the at there are several idea clauses and so we can aband note in our rules that this part has been enjoyed we've had to do that before with and some of the abortion challenges so we've promulgated rules with abortion facilities and then noted in the rule that this part has been challenged okay okay alright and then when there's a changes or or made do you come back and report to the subcommittee as to what's happening or. Or who do you report that too and the legislative branch it wins outside we are in between this meeting in the next we have a mandate under act five ninety five of twenty twenty one and we do reporting on all of the rules we recently came off of the reporting list because there were certain are pending litigation and were I believe under that law also advised to contact you while i'd keep you all updated and we we certainly can do that okay I just think it would be a good idea if you can as these progresses and if any of those partials are enjoying because of the legal proceedings that you get that information to perhaps follow the chairs of alc so that it can you know sent out to the membership because me I have a constituent that's very affected by the us right now so I appreciate that thank you I received. Hi any other questions members. And we signed speak for against them without objection this rule is reviewed and approved thank you for being here today thank you are removing under e which was the agency updates on status about stain real making. Department. This. Came and totally for the record pleasure. Pushed a button until it's read then it's good. Leave it read now be hot then okay go in good morning my name is michael bynam and with the arkansas apartment of agriculture you want to proceed with your explanation please. Um I am I am here today provided update on the proposed temporarily required by five sixty five of twenty twenty one I can report that the proposed rule is expected to be on the september agenda for this committee I am happy to answer any questions as best as I can just live in sight we did have conversations culture and I did and they had it just yet to us and we were to head up the special things to get on we talked to the agency they're fine we were fine with put this off to september and coach it to handle it so just look background inside there any questions membership. All right thanks for your parents name the update appreciate it department corrections. More in lensi name entirely for the record please good morning mr chairman committee members lindsey wallace chief of staff the department of corrections that go here please am here to update you all on the status of our payment of a death benefit rule I was here last month to provide some updates related to this rule that came as a result of what of our correctional officers being killed in the line of duty I am happy to report that at all of the final approvals were received from the governor's office and it has been submitted so it should appear before you all next month for final approval that I have so okay in questions for members. Fresh my memory how long ago was that it was a as a result of the fiscal session and twenty two okay I don't know if it was ever done it probably was but members just a sensitivity of the matter because she's here and it's been well up i'd like to ask you very weight police stand will have a moment of size members family grief as a hard thing to deal with in a doesn't it doesn't go away you just want to cope with it so in honor of the officer who lost his life line doing a family that's grieving continued deal with us that have mum of silent please. Rouge late and we're perplete. Work prayer which especially on the thing. The. Empty today laura just to thank you for all your blessing lord we just has to day law that you will go out to this family lord that you will watch our protection given peace given comfort let those around them just embrace them and hold them tight or we just ask it's also lower than she would just watch over all of our police officers are correctional officers each and everyone that puts her life on the line each day lord so just go with them keep them and we just thank you for what they do and jesus thank you maybe see if they can represent closer at once while we get put thanks but back in perspective this is one of those same so thanks for being here in questions for anybody. All right thanks for the thank you all all right next year department of education. Morning name and town for the record please sir. Good morning chair and race roads chief legal council for the department of education we have two rules on the report the first is the decision rule governing school safety the department presented these rules to the state board of education and all this tenth twenty twenty three public common is set to begin this next week and we hope to bring this rule to the committee's review in the november alc. But having questions regarding this one. All right thank you next one thank you chair the second rows that that he rule governing professional development. The department has been working to finalize drug language to address legislative changes in both the twenty one and twenty three sessions we've made significant headway and rework in the rules and I aim to present these rules of the state board of education and this committee this for. All right a question framebody. All right take for the update being here today thank you welcome office serve arkansas. When brantwich name tell through a recur please good morning mister chairman members of the committee money's branch standards i'm legal council for the department of finance and administration office of the arkansas lottery heater report about the rule this required by x six thirty six of twenty twenty one since we were here last time this specific rule has was presented to the department of financial administration council as well as the governor's office and have been in the communication both including the governor's officer's legs yesterday they have approved this rule and they have approved the other operational and retailer rules will be bringing before this committee and there is going to be one minor change but it doesn't related all to the rule this required by xix thirty six of twenty twenty one so as far as the status goes were ready to file these rules with the b l are forthwith we've already had her public comment period that's already expired we've already had opportunity for comments to be so listed so or at the point where we can foul the proposed rules with blr and get it placed on the next available agenda I don't know whether that would be september or october is quickly as we can get these but on the agenda we can go forward with it been given the green lot to go forward on this all right and they have any questions. All right thank you appreciate the update thank you mister chairman you welcome all right members item f you should have a hand out that accompanies this that gives a verbal explanation greatly will add to them i'll give you one minute summary on it and then we'll open our questions and take a vote after that start in october we will be receiving monthly written updates on the status of agencies rule making resulting from x of twenty twenty three general session pursuant to x five ninety five of twenty twenty one request for the exclusion of acts from those updates may be entertained we have received a request to exclude act five o four of twenty twenty three which concerns the creation of technology resource policies and cyber security policies by public entities this act did not use the term role and was therefore only included in the bureau's report in the section of acts required action that could fall within the scope of rule making. The governor's office has notified staff that due to the unique nature of these policies and the need for such policies to be secure public entities will be drafting these as internal management policies instead of rules rather than have each and every public entity bring a separate request for exclusions we have before it's a single request to apply to all has a matter of efficiency and you have a document that gives a little bit more detail but in a nutshell that captures what the request is and I would open it up for any questions from members. Okay then I would call for emotion and I heard senator urban senator in your motion. Okay so the motion is to approve the recommendation that was requested submitted a end of have a second okay goes second animal open up sinner urban you want to speak to your motion just to put it on record my motion as to approve the recommendation that was submitted as a regards to act fibo four of twenty twenty three okay and discussion to the motion so we have emotion a second no discussion on favor any opposed. Motion carries and with no other business before the committee we are turned thanks for being here.