ALC-Administrative Rules

Good morning everyone it's ten o'clock so we will call this meeting to order. Of the administrative rule subcommittee of Legislative Council. For a mind those that wish to comment on a rule to go ahead and sign in be sure to specify the rule which you wish to comment will be taken up that sign up sheet here momentarily. First item on the agenda is the adoption of the bureaus report on acts of the twenty twenty three regular session requiring new rulemaking we'll start with comments by our ministry Mr Beckham back whenever you're ready. Thank you Mr chair Rebecca Miller rice with the bureau the four U. S. labeled as exhibit be in your packet is the report on the acts of the twenty twenty three regular session requiring new rulemaking and this is a report is required by statute staff prepares and identifies any rule specifically required by newly enacted laws from the general session. M. the acts are categorized into five different categories there's those clearly specifying rulemaking that's required that is referencing rulemaking but including the term necessary as necessary those indirectly referencing required rulemaking those specifying the reassignment of rulemaking to a different agency or entity and those requiring action that could fall within the scope of rulemaking it may not use the term role but a court or the agency may determine that it's a rule. And the acts are also categorized by the agency or entity that's responsible for the rulemaking and so several acts and. Have had multiple divisions may be in different sections there's a table of contents for you by agency there's also an index by acts. Thank you Rebecca members are there any questions for staff on this report. Seeing none need a motion to adopt the report of a motion and second all in favor say aye opposed nay emotion carries members item C. and D. there are no reports this month from executives or from the A. L. C. subcommittees so we'll go to agenda item any. these will be quarterly reports one administrative directives out invites armed corrections come the table first provide a report they may have. Jordan five yourself for the record you may I give you report thank you Mr chairman committee members Lindsey Wallace chief of staff at the department of corrections. I'm here to present the quarterly report on new enterprise secretarial directives and administrative directives issued during the second quarter of calendar year twenty twenty it'll be short we have issued nine so that concludes my report to the Department. Thank you in the members any questions for Lindsay on the report of no report. Or for the department corrections. C. nine thank you for being here today and for your very brief report. Next would invite II to the proboards. Come forward. Warning device yourself for the record and then may present your report of brought Cummings executive administrator for the parole board. And regarding the proboards report for the quarter ending June thirtieth we also have no new or revised administrative directives to report. No administrator records from the parole board right you know they know newer intended members any questions for ms Cummings. The parole board. Seeing none thank you for your support today thank you for your parents being here. Members will go to item F. on the agenda. this will be agency rules will by the Department of Education Division of elementary secondary education leave they have one rule to present. Thank you for being here today you're both identify yourself for the record and then you may present your rule. Thank you chairman address rose with the Department. Morning chastity Wagner also with the Department. I'm here today to present and the Division elementary and secondary education rules governing the school counseling programs. These rules were created percent Arkansas code annotated six eighteen ACT two oh five two thousand and five skews me to list the definition of terms related to the program including the definition of accelerated learning set out requirements for program implementation outlined he's of school counseling plan components and list the requirements for monitoring and support. The majority of public schools in Arkansas follow the American school counseling association model for school counseling programs for consistency across programs as long as there was not a conflict with the law the terms from ASCA model were added to the rules. Last the rules clarify that administrative activities do not include professional learning professional networking professional conferences that are directly related to or aligned with the comprehensive school counseling program or facilitation of administrative conferences Advisory Council meetings. Post public comment there were no substantive changes made language was modified to for clarity and to mere existing law. We'll take any questions thank you members any questions for the Department specific to the rule. Seeing no questions thank you for being here today without objectionable be reviewed and filed. Next members will go to item G. on the agenda these are updates the status outstanding rulemaking will go to G. one first and we'll call the department of ag to the table. Morning service. Good morning what Hodge chief counsel for the department of agriculture here to report on the status of the plant board's him cruel and as I've told you before the plant board had a hemp rule that was ready for you your review in may of last year had gone through the public comment period and everything and then we started hearing from industry reps who had some concerns about that rule and so we pull that rule down to try to alleviate their concerns met with them discussed with them different occasions really couldn't come to any type of an agreement. I took it back to the plant board because some of the things that we had and as staff tentatively agreed to would might be considered a substantive changes so we took it back to the plant board to see if they agree with that and that was in December of last year Plant Board decided since we were so late in the process we would wait until after this session to see if any new help laws were passed which might necessitate even further changes was one ACT past that has a definition of him up that is worded just slightly differently than it is boarded in federal law so our plan is to also include an amendment to our rules that will clarify that issue and and as you're probably aware as well all this was going on there was a court ruling which declared unconstitutional this statute by which the plant board members were appointed and half of the plant board members were removed by court order making it very difficult for the plant board to meet and do anything and so that's where we are as soon as we get the appointments to the new plan for we and then at a examine the issue further thank you charger questions of questions represent Wardlaw you're recognized I think I think my question's more for staff and maybe yourself It's always interesting to see I I'm I enjoy the fact that we put these on here to see I inefficient our state agencies are but how many of these acts are waiting to go into effect because of rules haven't been in place and maybe Mr hide you can answer that for department of agriculture's maybe corrections and education lottery needs answer that same question. Just always behooves me that they've delayed these rules this way and I've got all these excuses but somebody's legislation is not in effect. Charged. eighty yes representative Wardlaw we've been in contact with the USDA over this matter and and that they understand that we're going to have to Make some waivers to our current rules because of the new legislation that we have and we've been accommodating the few licensees that we have and so there's not been any Any set back to any of the licensee's under this program due to the delay in the rules so you you made a comment Mr **** you made a comment that some of these due to the fact that a court order kicked off the members of the plant board is a flat Board still have a quorum with the current set. Or did they have a quorum with the set after the court eliminated the members eliminated they can of their so they did have a quorum so there's no real reason for delay because those people remove correct. And the the plant board yes yes or no but I'll I'll agree with you that's a fair statement thank you. I I just think if if you guys going to come here and you're supposed to have rules then we need real excuses we need real property real issues what's not there and if they had a quorum they could have met they could handle it and I just think we need to see efficiency taxpayer money is being spent these folks came down legislature voted these laws in place we need to see the rules that an act those legislation. Senator Hammer. Senator Hammer you're recognized. Would you give an explanation as to why based on what you just gave testimony to that the rules have not been presented to us yet. Straight ahead straight ahead of you yes sorry thank you thank you yes senator it we we have a draft of that we were looking at what we as staff were planning on doing is once we do get the new members of the plant board appointed takes a rule back to them. Because we we anticipate. You know there might be changes to the membership they may want to go a different direction with the rule from what we had and so at this point we're kind of waiting to see what the new plan or would want to do. And cents a court ruled in you had the members removed from the board that were removed how many members does that leave you with and what to take to make war. It leaves with ten and it takes ten to make a quorum so we have to have one hundred percent of the members the remaining members there tabernacle and and so since the court ruled you lost your membership you have ten and you have to have ten there in order to have a quorum have you had meetings where you did not have a quorum to where you could not conduct business no the the few meetings that we have have we've we've worked with the members to get good dates and the meetings that we have have we've had a war okay all right when due to state and that these rules will be completed. Are you are you still make going to maintain your position that your wait for the new members to be added or D. anticipate that if you have a draft to go ahead and just get a month through an thank you know based upon some of the questions that I've had today I think my plan will be go back and scuffs with the Secretary of agriculture to see whether we need to move forward or or what would be the best plan of action okay thank you. Representative Vaught you're recognized thank you Sir and you made a comment at the end of that that you would go back and see if you all would I move forward. So what my husband sat on several stabilization board for a little bit and I remember some lawyers coming in and trying to keep a rule from being made on a dairy farmers and and the meal. So this is a piece of legislation that was passed in twenty twenty one I'll tell you exactly like I told those lawyers that day in that room. Y'all's job is to write rules we're talking about a session ago not even this past session but a session ago and we still don't have rules and I would say that you should go back and you all should write the rules regardless and bring them back to us to to approve or to not approve because that is actually y'all's job to do and and it shouldn't hinder on anything legislation from the next session of the next session because that keeps this piece of legislation from becoming a a law that's enacted so I would encourage you to go back and you all to please come up with the rules for this piece of legislation and bring it back to us thank you Sir thank you. Senator Hickey you're recognized yes Sir just based on that the legislation that was passed it requires the required the plant board to actually approve the rules or is represented Vaught said can you all just do that the Department of act they are Plant Board rules we we are just staff for that okay but let me ask a question or two let's just say that since we have this legislation in place at this general General Assembly is passed and if the statute. If you can hear if the eighty eight let's just say that the plant board never never passed the rules be it with this one or being with the other one. Would you think that the legislation would never going to place is that the the way that would would work we have current Plant Board rules some. I want to say amendments but it won't really be amendments what will be proposing to do is to repeal the existing rules and initiate an entire new rule because the old law was repealed the old law upon which the current rules are based was repealed but we have been working with our licensees and any accommodations we need to make because of the new law we have gotten permission from the USDA because our program has to be approved by the USDA to make the accommodations for what but we just don't know how long the USDA will allow that okay. Well personally I'm like to other members if we if we if we have a quorum there I think that we need to need to get those members there I mean is that's their responsibility they've been appointed and they're not going to show up for a meeting of this importance then actually we need to do something else so you know from my standpoint I think they need to I need to have their meeting as some other legislators have said they need to put this in place and the only to voted up or down we need to go from there thank you Sir. Representative Beatty you're recognized. My my comment one I think that act that we're waiting on this rule is a bill that I was the sponsor on the house in the twenty twenty one my comments more related to twenty twenty three an ACT six ninety five and just a word to the wise that the rules around prescribed burning are vitally important to the forestry industry as well as to the conservation in this state and you will find that I am far more or less patient. If those rules two years from now not been implemented and put into place so word to the wise that those rules need to be taken care of and they need to be taken care of immediately and don't wait on those the end and I'll just give you briefed up update we've of we've got a a draft that we're finalizing on that now well I'd like a copy of that draft and and I hear that every time we talk about rules there's a draft and then some reason we find of a reason not to move forward with those this rule is vitally important to an industry as well as provide providing protections to those that are or performing prescribed burns is a vital importance and it needs to be a top priority thank you thank you. Senator hill you're recognized thank you Mr the college what what's the estimated time we've talked about the Plant Board replacements and everything not holding meetings what's the estimated time on getting the will those are places been quite a while now. as senator I'm sorry I I I think I can tell you that we expect appointment soon I just don't know House and soon he is a thank you. Senator Hammer you're recognized. Thank you would you refresh my memory of sub you sent me to go so the rules on this subject matter before the committee today you have them drafted they've already been out for public comment and you have them back in your control is that correct they have been out for public comment In in their original form after we met with the industry representatives staff tentatively agreed to some changes that could be considered substantive changes that would break cause them to go back to the plant board and a new public comment period as well if we go forward with. Thank version that would include the changes represented included by the industry representatives if we go with the original version then no further public comment will be required and when is your next board meeting but not everyone scheduled at this point but you could call on it I mean you have the authority to call one is that correct the the chairman of the Plant Board is the one that has the authority to call meetings okay so I'd like to make a suggestion I'd like to make a suggestion you call board meeting or get the board president called board meeting take the rules that you have. Pushing through again with us will taking consideration the public comment and then maybe they'll go through as they are or welcome back to you and and get that done before the next rules meeting that's not a motion maybe somebody go through one after this but I think that would be prudent and then let those of lawyers or the industry are presented let them come into this committee room and let them have that discussion with us and we will will make the decision so we can move this thing forward do you think you think that be a pathway for I'll be happy to pass that along thank you thank you Mr. Senator Hickey just members if you would see me center Hickey we can keep side chatter down as little bit please Senator Hickey just just so that I'll know and maybe this is something that I should remember the the appointment center left that you're you're in reference to I know that sometime during in the Senate the pro tem as over sometime in the house the Speaker does are these all executive branch appointments or some of the Senate and some of these House situating their executive branch okay and how many are there exactly nine okay and do we already know some level more or they I don't I I don't know any okay thank you Sir. Seeing other questions massage thank you for your parents and the update today I'm look forward to seeing you back here next month and move this route along. Next we invited department corrections back up. If you identify yourself for the record and give us your update. Thank you Mr chairman committee members Lindsey Wallace chief of staff department of corrections and this rule that I'm here about today is payment of a death benefit for correctional employee by way of introduction we had a correctional employee who was killed in the line of duty in February of twenty two after his death we saw some legislation that would allow us to establish payment of a death benefit if we had an employee who passed away I'm upon passage of the law we immediately went into drafting processes and wound up with a draft to present to the board of corrections in April of twenty two we went through that process Senate up to the governor's office and upon kind of some discussion with them we made a few changes to it so another role was presented to the board of corrections received approval in August of twenty two that was approved by the governor's office we send it out for public comment and it was a public comment close December the seventh of twenty two so the first opportunity we were going to have to present that to you all was going to be and January of twenty three legislative session happened actually spoke with miss Rebecca about potentially getting in front of the Joint Budget Committee to hear during the regular session shortly after that governor Sanders came into office and the executive order was issued to pause rulemaking until you were able to identify rules that you could repealed during the during the process. So Secretary proof you comes in and we have you know kind of a small criminal justice reform package that comes through and we have singularly been so focused focused on that and I have had an entire legal staff turnover and the individual that was helping me with the rulemaking process also left her position so I really have kind of been up in the air on someone to help with the legislative I mean sorry the rule making process we are dialed in we've got everything in place now and since by way of an update since I presented the the last well I guess the last date the written update this is been sent back over to the governor's office for review with all the necessary paperwork and I'm confident that hopefully in August or September will have this in front of you for the final review and approval and that includes my report thank you and you just clarity make sure this particular rule did not come from the twenty one session necessary came came from we discuss that says yes Sir thank you very much yes Sir. Representative Wardlaw. Thank you Mr Mr as this family they haven't been compensated yet right they have they have actually he we were able to get him certified as a law enforcement officer so he actually have been compensated for this this would be in addition to the compensation they've already received thank you yes Sir. Well the questions Leding thank you for thank you Mr today and for your update next we will call up. Our medication. Restaurants for the Department good morning everyone we have to rules on the department's ACT five new ninety five report the first rule the department actually began the promulgation of the rules governing school safety in April twenty twenty two after revisions were made the rules went back to a second round of public comment I am and we promulgated emergency rules to effectuate the grants for public out for school safety program projects within schools and so the Department be restarting the process given we had legislation on the twenty twenty three session directly addressing school safety so we have to effectively restart the process butter from really answer represent what loss questions and we have an emergency rule set in place for these grants schools have a plan for this funding we've already disbursed funding to the schools have applied for expenditures up to this point and they have until the end of the calendar year to submit expenses for reimbursement. And a financial questions. How many schools across the state applied for their pro rated share of those grants. Courting solace for chief of staff of the department all except for one school district so proximally two hundred and sixty okay. Representative Wardlaw you're recognized I'm confused off of statements made not and I was actually not gonna say anything on this one since you mention my name. Your comments wars that they can receive that funding through the in a calendar year and you also said if I heard you correctly there's emergency rule in place to merge road expire in so many days that would be prior to the end of the calendar year so is there permanent rule this coming that would allow that funding to be disbursed when is that coming to this committee. So that would be coming later in the fall we're again we're we're having to restart the process but it's coming after this merger would expire correct correct but again that and we have enough authorizing authority under the statutes to effectuate the program again the emergency rule set in place and for the initial applications so that people knew what the process was can you get the bureau the information it gives you that authority outside of the emergency rule there's statute please sure first person to the committee thank you Mr. Thank you members any other questions for Department ed. Give a couple more to present yes we have one more the second rule the department's overhauling the rules governing professional development to account for stakeholder input I work in the rules ran into the regular session and we had the department had a lot on their plate during the regular session we anticipate the rules we completed this fall as well and we're open for questions. The questions on it rule. C. nine. Thank you very much for your parents today for your update. we're gonna G. for office of the Arkansas lottery. Good morning Mr my name is Erica I'm standing in today for Brent Standridge our chief counsel at the lottery I have there is one global matter that I'm here to address today and then once of matter that I believe can address some concerns that were also raised at a previous hearing. Regarding the status of Act six thirty six of twenty twenty one regarding the establishment of a single lottery trust account that's done and that was done within weeks of that being passed you might as well what's your thirty to do that if you're rules don't specifically provide for that the original rules of the Arkansas lottery have not been re written since two thousand and nine. I joined in August of twenty twenty and alone in that I've had three years to get this done. So you can catch me if you want we've been a little busy delivering the three best years in lottery history. one thing I will tell you is is we're a little different than some of the other agencies in that are original rule said that we would required to maintain one or more. Trust account for benefit scholarships. Originally the legislative body dictated that we would maintain three accounts. It would be the major coun workforce challenge in concurrent challenge and that was per Legislative directive. When ACT six thirty six of twenty twenty one was implemented that was our instruction to collapse those three accounts into a single account. We did so immediately and we have maintained that account and we're in full compliance with that six thirty six of twenty twenty one. I'll turn the more global issue of the revision the whole list taking global revision of all of the lottery rules which again or the original rules from two thousand and nine. We're not like an agency that's coming in and amending rules we're rewriting rules. Lottery has changed considerably from two thousand and nine to twenty twenty three and we're bringing those rules in a line with how we see the industry and how we believe the industry will develop and to ensure that we have a go forward path with rules that can subsequently be amended under future administrations. Regarding the timing of that. While not offering this is an excuse it is a factual basis we got caught in a perfect storm we undertook to amend our rules the it and then we went to a a process of publication we conducted a public hearing. And then we submitted we received approval and we were ready to come before you we were subsequently notified that we had missed one of the steps required to bring that to you. We produced the checklist that we were provided by bill or that set forth all of the steps that we required to take to bring this to fruition unfortunately there was one step that was not on the list and it was the very first out. My understanding is the bill our list has been amended in that's been added. We've done everything we can to comply we decided that we would come back we sought emergency implementation of rules and that was granted. Our public hearing was set for January the ninth unfortunately the cut off was January the eight and as such we missed the window. Subsequent to that the session was taking place we were not able to appear before the LOC we continue to work on our rules we were advised that once emergency rules expire you have to amend rules. It just so happened that in the interim period we had discovered a couple things that we would like to have included in the original set of rules and we did include those. We have had a second public notice we have had a second public hearing and we have submitted those rules pursuant to executive order. Twenty three zero two two both the governor's office and the administrative office of the department of finance and administration. These are not draft rules. These are final rules and we're waiting on approval from two parties the secretary of the department of finance and administration and the governor and once we have their approval we will put this on your agenda and we are ready to move for. I apologize for any delay and certainly we expect more as public servants and then what we presented vis a vis a calendar however I also believe that it's important to get things right. And I think every the every lesson it is something that you put in the bank and it guides you going further so we don't expect to be in this situation again but we sit here today And we sit here with contrition but we also sit here with full knowledge that we've done everything in our power to bring the an excellent set of rules and we simply have to push that process as far as we can it resides with parties above us and outside our branch in the executive branch. So I I'm here to entertain any questions I'll accept whatever criticisms coming our way that's the current status thank you. Representative very you're recognized I'm glad you will in take a little bit accrued criticism because it's back up like to take a section to your comment about. Student you know taken three years on on rules and you had the three best years in lottery history or what that's your job sure but when you have laws that mandate rules to be promulgated you know each year that's you got to do it. In yeah it is your job so I've heard nothing but a bunch of excuses really and for the fact that you're you're you're kind of balance that out with having the three best years in lottery history again that's your job that's what's supposed to be doing that's what pays the bills but you're responsible to the legislature by having those rules promulgated. I would agree thank you Sir thank you Mr. Your questions members. Seeing none thank you for being here Dave. For this committee for the update sure we'll see back next month and hope we have some this finalized and get these rules put in place we do as well thank you Sir. Members no other further business on the agenda for the subcommittee we are adjourned.