House Public Health Committee

I will also let you know that there have been two fiscal impact statements handed out. If you will get the last one, that will be the one that you're going to want to refer to. Oh, you've already taken that, so you only have one in your

packet. Very good. Representative Mayberry, you may proceed. Okay. Thank

you. Thank you, Madam Chair. I appreciate it, and members of the committee, I appreciate you. I know we're a little bit earlier this morning than usual, and coming down here for this to be the only item on the agenda. Certainly, I appreciate that. This is my first bill as a freshman legislator, and I purposely chose one that had both a personal interest to me and also I thought would be as non-contentious as possible. I kind of wanted to go through this process and see how it works and be able to, with a smiling face, go and visit with every member of the House and the Senate who I could and have everybody feel good about what they're going to do at the end of the day. I'd like to first make some introductions of some individuals who are here, some of whom may choose to speak today, all of whom support this. First and foremost, the most important constituent I have is the lady who I go home to each evening. And that's my wife, Julie, sitting on the end. Julie, if you'd raise your hand. Thank you. And a couple of other very important constituents to me. My oldest daughter, Ellie. And a little girl who kind of helped inspire this is my second oldest daughter, Katie. Katie was born with spina bifida. I do have two other daughters, and you wouldn't want them here today, I assure you. We wouldn't be having a committee meeting right now. Others who I'd like to introduce are Dr. Charlie Green, Director of the Division of Developmental Disability Services, Dr. Green. Also have Mr. George, Mark George, who's here with his daughter Tessa. The Corderos, and they're here with their daughter Emma. And I have Cheryl Vines, Executive Director of the Arkansas Spinal Cord Commission. And have I forgotten anyone? Oh, and Mr. Jim Brader, who is also with DDS and who helped draft the language that you'll see in this bill. I also want to thank Representative Elliott, who is one of our co-sponsors on this bill, for being here today. This is a bill that deals with the diagnoses of spina bifida and with Down syndrome. And I know that it's very special to Representative Elliott as he has a daughter with Down syndrome. We have other co-sponsors of this bill on this committee. I appreciate Representative Lampkin, Representative Wardlaw, Representative Smith, and I know that you have a family member, I believe a niece, with spina bifida as well. So this is something that touches a lot of people, regardless of race, culture, creed, gender, socioeconomic background. It just touches people. As I mentioned, this came to my attention because I have a daughter with spina bifida. What individuals with the diagnosis of spina bifida and with the diagnosis of Down syndrome, under current Arkansas code, qualify as developmentally disabled. when you read through the functional requirements of such. However, in other parts of the code where categorical examples are listed, there are not the specific mentions of spina bifida and Down syndrome. Therefore, in a variety of different cases with different state forms and so forth, where there may be checkboxes for other categorical examples, there's not a checkbox that specifically says spina bifida or, in some cases, a checkbox that specifically says Down syndrome, and it can cause, at times, a lot of confusion and a difficult process. Other states, many other states, have both of these diagnoses listed as specific examples in their state code, including our neighbors in Louisiana, Mississippi, Missouri they each do that. I've spoken with Dr. Green I originally this was as I said brought to me by my most important constituent my wife and we then went and visited with Dr. Green at DDS and I believe he would be willing to speak to the fact that DDS has has no problems with this bill whatsoever and that this should not, from their perspective, cause any kind of fiscal impact as well. You do have a fiscal impact that is here. Now, I'll tell you, I got this this morning and I've had some conversations. This $112,000 number that you see here, to address that, that is the best number that the Department of Finance and Administration has been able to come up with in the moments leading up to this meeting. And where that comes from is from individuals who may possibly take an income tax credit that had not taken an income tax credit before. So if there are questions about that, I'll be happy to take that, and I believe that But representatives from DF&A are here as well, and they can speak to that issue. That number, I believe, possibly quite conceivably could be less because there are some individuals who are – as a matter of fact, I know that some individuals are often instructed to mark other boxes on there, such as mental retardation or something like that. And so there are some who may be taking that already. this is a good bill this is one that doesn't hurt anybody it helps a lot of folks who already have some challenges simplifies life for a lot of people and it's one again like I said you can go home at the end of the day and be proud that you were part of in helping pass it's something that should have been done a long time ago, and I'll be happy to entertain any questions, but if there aren't any, I've had an opportunity to speak with most of you beforehand, and if there aren't any, I would certainly appreciate a good vote.

Thank you, Representative Mayberry. Representative Wilkins. Representative

Mayberry, I, you know, the thing I make decisions on here, are bills that really help people. I don't know if the cost is a big issue to me at all. I want to commend you for bringing this bill before us. And, you know, I'm certainly not averse to paying a little bit to do something good for people. So thank you. And wouldn't you agree? I

wholeheartedly agree. Yes, sir. Thank you, Representative

Wilkins. Representative Smith. Thank you, Madam Chair. Thank you, Representative Mayberry, for bringing this to our attention as well. The $500 deduction is just peanuts, in fact, for what people that have these kinds of problems would experience in life. And if it costs $112,000 a year, that's just a paltry amount for what we're trying to do to help people that are not as blessed as some of us are. Thank you for bringing this to our attention. Thank you, sir. Do you not agree? Representative

Wardlaw. I'd like to make a motion to do pass. Seeing no other questions, do we have, I accept the motion of do pass. Do we have any questions on the motion? All in favor of the House Bill 12-11, indicate by saying aye. Aye. Any opposed? Representative Mayberry, you have passed your

bill. Thank you very much. Thank you very much. Representative Penartz, you have a question or a comment? Yes, Madam Chair, this is directed at the Chair.

I'm supportive of the bill, and I talked with Representative Mayberry before our meeting in the Chamber. The

only concern that I have is one that since this bill does have a revenue impact, normally it would be a bill that would be considered by revenue and tax since it has a potential of $112,000 on revenue, and so I think that just a note that those are the kind of bills that normally go to revenue and tax, because there are house experts on revenue and the impact to GR, so I just make that comment. Thank you,

Representative Penaerts, so noted, and we'll certainly consider that. Any other business to come before this committee? If not, we stand adjourned.