ALC-Administrative Rules

Morning members. Call to order meeting of the administrative role subcommittee of the Arkansas Legislative Council members you'll take your seats we'll get started twenty remind those that wish to comment on a rule to go ahead and please sign in be sure to specify which rule that you wish to comment it will be taking up that sign up sheet momentarily. Members are referred item on the agenda item B. Z. adoption of our subcommittee rules all changes have been indicated for you included change from the twenty twenty three law concerning some cyber security policies all other changes in that packet of which are highlighted in red they're just strictly some clean up language any questions for members on the subcommittee rules in the changes to those. Seeing none that I need a motion to adopt the subcommittee rules motion the second second all in favor aye opposed nay Motian carries item C. B. reports the executive subcommittee. Concerning emergency rules members we have one report from the executive subcommittee this month that's in your packet and was online through the website and regarding the approval of a merger rules in December there any questions to the approval of those rules. Say no without objection in this report will be filed. Adam D. reports from subcommittees concerning the review rules we have no reports this month from the AOC subcommittees concerning any review of rules will go to item ET. Supports on administrative directives members we will hear next the quarterly reports that we receive concerning administrative directors by the Department corrections and the parole board you're gonna find a chart that is summarizing any of those directives it's in your hand out in front of you on your desk these directives are available on the website also under the documents tab for this meeting due to the session will be hearing a report for the quarter ending December thirty first two thousand twenty two and then we'll hear report for the quarter that ended March thirty one two thousand and twenty three Good to see you Miss Ritter appreciate your being here today she will be presenting the quarterly reports for both the department corrections and the whole of the reproach parole board. Sure if you identify yourself for the record you may present. Okay there we go. I Belinda Harris Ritter I'm the general counsel for the department of corrections as indicated the first report is for the quarter ending December thirty first. Two thousand twenty two. The Arkansas department of correction secretarial directives from that quarter were S. T. two oh two to eleven social media it we changed an appropriate comment to inappropriate content. S. T. two oh two two dash twelve dress code for uniformed personnel we had general formatting changes. Throughout the policy substantive changes included adding a provision to allow the secretary and division directors permitted to permit the wearing of mourning bands for the death of non uniform department employees. S. T. two oh two two one three was a time called for review directive the policy was updated to require review of all Division of correction offender records at intake. S. T. two oh two two dash fourteen divisive concepts and department operations policies and training materials effective eleven to to to to the Department of transformation and shared services. Finalize their role governing the same topic there by requiring this directive to be updated to reflect those changes S. D. two oh two two dash one five access to facilities by attorneys affected twelve twelve two oh two two this is a new directive that cover specific visitation guidelines for licensed attorneys and their agents describes the background check process data visitation procedures and provides general information about attorneys visiting the facilities S. T. two oh two two dash one six code of ethics effective twelve sixteen two oh two two. This directive was created to promote uniformity and ethical standards and practices throughout the department and all of its divisions. S. T. two oh two two dash seventeen employee conduct standards and discipline affected twelve sixteen two oh two two the conduct table definitions and some provisions were amended to promote clarity throughout the policy language was added to the six month probationary period to allow for discretion of a policy violation warranted a longer disciplinary probation. Yes the Division of correction administrative directives for the same time period. Or eighty two oh two two dash twenty two particulars a screening for employees affected can tend to to to the policy change from testing to screenings of TB to also include reporting a history of a previous positive TB test. Eighty two oh two two dash twenty one forced shall movement. Effective ten ten two oh two two other supplemental equipment was added to acceptable equipment for a forced cell movement up for the for sale movement team when necessary. Safety procedures for after a for sale movement of were added to include that hand cuffs would not be removed until the team had exited the cell eighty two oh two two dash two two publications effective ten twelve two oh two two publications many publications that inmates receive cannot be altered from the original state such as but not limited to writing in the book foreign objects placed in the book or stains from the liquid the option of for disposing of unacceptable publications by having been picked up by a person on the inmate's approved dissipation list during visitation was also added. Eighty two oh two two dash two three mobile or wireless telephone devices effective ten twelve to to to mobile or wireless telephone devices will be turned over to the Arkansas state police or radio shop whichever is applicable instead of internal affairs. Language was removed related to evidence lockers due to unavailable access at late hours eighty two oh two two dash to four to burglars a screening for inmates affected ten twelve two oh two to the administrator of Medical Services will notify the director of any potential exposures. The medical contractor will provide educational to be information and complete the Arkansas department of health to be notification form eighty two oh two two dash two five restrictive housing affected ten thirteen two oh two two inmates placed in restrictive housing must be transferred out within three business days of placement due to protective custody status alone unless approved by the appropriate deputy director. Eighty two oh two two dash two six count procedures language was added to clarify that the shift supervisor is responsible for maintaining the master account record and should have up to the minute information regarding all inmate housing moves work assignment changes hospital admissions gate passes and court releases eighty two oh two two dash two seven restrictive housing language was added statement inmates will only be allowed laundry bags with velcro closures eighty two oh two two dash two eight correctional officer training basic training and retires language was added stating that employees will receive hazardous duty pay wall enrolled in basic correctional officer training. From the division of community correction. There were no administrative directives between October first twenty twenty two in December thirty first twenty twenty two then for the time period of. The quarter ended March thirty first two oh two three we have no new or revised directives or memorandums from the secretary's office or either department for the parole board for the quarter ending December thirty first twenty twenty two we had no new or revised administrative directives and for the quarter ended March thirty first twenty twenty three the parole board had no new or revised administrative directives. Thank you Mr Ritter ugh ready for a couple questions yes we have first Senator love. Thank you Mr I was just looking over this policy for the social media here I am here meant to your to your left all the way over yeah all right thank you so um this is it inappropriate comment was changed to an appropriate content. I just want to know it this is a comment inappropriate comments not covered or. Thank you for your question inappropriate comments would be part of the inappropriate content it was to be. Spread that a little wider it would be clarified better okay all right thank you so much thank you Mr. Senator Hammer you're recognized thank you warmest read you're the only one here from the proper corrections for the right that is right okay so if you know the answers your questions if you would just channel up and somebody get back with me please happy to thank you on route twenty twenty two dash twenty one about the forced cell movement one of the things I read in the context is there seems to be resistance on the part of the inmate to be compliant I've got some feedback about the Varner unit at about maybe an entire unit up there being uncooperative because of some individuals not want to go out on the whole squad I'm just curious as far as how does the system handle when you have a block of inmates who are refusing to do something and limitations that they officers have to operate under in order to get them to do what they're supposed to do and if you don't want to answer that would you pass that up the channel and have somebody get back with me please. Rather than make any misstatement I would be happy to take that up to Director pain and backed your have him get back to you okay I appreciate that if you would please certainly thank you ma'am. Represent Wardlaw you're recognized a couple questions but first off you didn't try to increase to per diem for your board members through any of this right. Through this no okay I just Senator Flippo is really concerned about I just wanna make sure we didn't do that If you look over to eighty two thousand twenty two twenty three the mobile phone can you explain to me what this radio shop is. The radio shop yes phones are found in common areas we turn the radio shop phones that are to cut decline prosecution will be turned over to the radio shop just kind explain what that is. no I can't. Okay I'd like to know where the phones are going well there's going to the Arkansas state police or that radio shop which I believe is part of our operation that is. Accessible during the times that the evidence lockers were not able to be accessed. Okay I just have Director pain give me a call I absolutely will thank you. Senator Hammer you're recognized. Thank you one other thing and I will check under that issue do you are you familiar with the R. F. P. that's out there for any improvements on the security system the monitoring system that's currently in place and possibly an upgrade or replacement to that. I have I have heard some rumblings that's all I've heard I haven't heard anything definitive okay if you would not have the Director contact me about that as well please thank you ma'am yes. Representative Richardson you're recognized thank you Mr chair of. When you look at eighty the restrictive housing. Can you just tell me why is it identified as three business days instead of three calendar days. Three business days instead of three calendar days I do not know. Where I can't I don't know where you're recognized rugby's right here in front of I'm so sorry we are right there I see you now I'll be happy to to find out and let you know. And just to clarify we appreciate Mr being here today with this reports Lindsey was on the agenda to be here had something that came up at the last minute was not able to be here and and ask ms Ritter common her place present reports and we appreciate your acknowledgement of that. Any other questions for members. C. none without objection report be reviewed and filed thank you Mr thank you. Members will go to We'll go to item S.. These are the agency rules are on your agenda members couple of reminders on this you'll find in your packet summary agenda that contains a summary for each the rules going to be presented these rules can also be viewed on the website under the dogs tab for this meeting on the website will start with F. one. Of education Arkansas State Library you'll identify yourself for the record you may present your old. Good morning my name is Shaz requirements staff attorney with the Arkansas department of education and this morning we have the Arkansas State Library rules governing the state and federal documents depository programs these rules were amended simply to make technical changes such as removing microfilm and from the rules because microfilm is no longer used you have any questions I'd be happy to answer them. Senator Hammer you're recognized for a question. Thank you actually issues questions behalf of members not it will be in here as far as your affiliation with the county library system what are your direct a connection connection points or are you totally separate and independent of anything dealing with the county up County Leiber's. And this state library is separate and apart from the county libraries and but I do have Michelle got here who is the director of the state libraries if you like further answers on that question be great if you don't mind please. Laurie when. You identify yourself for the record did you make the interest questions Jennifer Chilcote director of the Arkansas State Library. Good morning of you've heard the question or do I need to repeat it or could you answer please I did and ms Wagner is correct we we do not have any authority we are separate and apart from the county libraries are only function with the library with the public libraries in the state is to distribute stated. Through the Arkansas through the Through the standards for state aid is part of our budget consent every year. Okay hello stop this time for sure thank you thank you meant senator Sullivan you're recognized thank you over here the as I understand that state library has responsibilities as authorized by state law to coordinate with county libraries and city libraries and such is that a leadership role that you take in networking or are you just part of it part of that group that works to comply. I will work with the with the public libraries in the state we also do work with other types of libraries such as academic libraries school libraries is to is just to provide support it is not and is is it's not an authoritative rolled okay my question and but I would assume then that is part of that role once a law is passed of our it's it's your role to make sure the laws carried out and advocate for the law. It is our it is not our duty to make sure that the law is carried out per se Chester concur Chester the wider can correct me but that is on the those those libraries are controlled at the local level okay so it is at the local level that they would be responsible for carrying out those laws okay and I would assume the the reverse it also be true you're not responsible for advocating against any law either that's correct yeah we've Mr we on the scholarship that I miss that are we on the first one we're on a one a okay I'll another question when one B. comes up thank you thank you. Members any other questions. Say no without objection the rule is reviewed and approved will go to one B. under F.. These are the Arkansas State Library rules governing distribution of scholarship assistance these rules were amended and it to make scholarship requirements consistent so that no public library can add additional scholarship requirements out outside of what is listed in these rules and and it was also and they were these rules are also amended to remove a financial burden on applicants to hopefully make it to where the scholarship can be sought after by more applicants that there any questions we're. Right to answer them. Senator Solomon. Thank you Mr as I read through that and see that if the if one applies for the scholarship one uses that money at a state institution and that state institution has a pro course of study are to be a master's degree librarian in the course of study must be approved by the American library association is that correct there a couple of points that you brought up the and there is not and approved of. Masters of library science program in the state of Arkansas I believe I heard you say that it needed to be let me rephrase my question whatever course of study this scholarship is going far the course of study must be approved by the American library association to get the scholarship is that accurate it must be accredited yes yes so and it's my opinion that some of the policies of the American library association are in direct conflict with state law order with the learns Act of part of it under the American library association policy that every child or everyone can read anything they want at any time and they can't be restricted in any way that's what their policy is that policy would seem to conflict with current state law in several places are. How do we give a scholarship out to people to be trained by someone and course American library association has no authority other than what we grant them they're not an official agency they're essentially a lobbying group we wouldn't endorse we would allow the in the in our a to set standards far as but now we're allowing the American library association to do that and I'm I've got some concerns over. What they're accreditation standards are I don't want to go into that right now that's not a topic here but would like to have that discussion with you after this meeting adjourns if you're okay with that yes Sir certainly thank you Mister chair Mr chairman again I think this is that we're going to give state dollars to scupper scholarships that run in direct conflict with what our state law is I'm concerned about that and I think there needs to be more discussion thank you. Senator Hammer you're recognized. Thank you Mr on the twelve I requirement you mention that there's nothing in the State of Arkansas were if I understood your right where they could get that requirement met is a reason why we have to develop something in the State of Arkansas ourselves it could be the substitute instead of having to be depended on entity outside the State. that would be in in an individual decision by any of the of institutions of higher learning in the state of Arkansas I'm not aware of any that have considered it there is a library in school library media specialist program at the university of central Arkansas that is well thought of as far as I know of for that particular degree and working in that particular field there was a. Of a covert program that was started up here in the state recently by. I'm blanking on the name I'm so sorry I'm a little under the weather There was a a cohort program that was started here and was had a group meeting at UCLA but of fulfilling requirements in Kansas and that that programme kind of fell apart they managed to get enough people for one semester but it's a you know it's a small state there's a lot not a lot of demand for the degree and and so I think it's a disincentive for academic institutions if I may speak out of turn a little bit I think it's a disincentive we're going to start a program okay thanks for that one last question Emporia I'm sorry Emporia state okay thanks thank you and there was a public comment from a gentleman regarding incorporating or allowing twelve hours to be substituted if I'm interpreting it right in lieu of the requirement they all have any feedback on on that I think we. So we consider this comment but the purpose of the scholarship is to assist public libraries imploring librarians to have a masters in and the degree in library and information sciences and his comment was more to expanding that degree field to include other degrees and that's not the purpose of this scholarship right now correct would would be considered to expanded and expand the purpose of the scholarship for you think that's steps outside the scope of what you're trying to achieve that's that's outside the scope of what we're trying to achieve okay thank you. I see no other questions for members without objection rules reviewed and approved. Sorry. Senator Hester you're recognized yeah I mean I just think I'm not saying we should or shouldn't right I just like the rest of maybe have this discussion tomorrow for Senator Solomon gets more satisfaction after this meeting on if we are giving authority to a national advocacy group that does not align with what are what are state law is like I think there are plenty of ways to give the scholarships without sending someone to have to get approval from an advocacy group of some sort so anyway I that's all I'm asking is that we don't send it through approved going to their disapproved we just reconsider it tomorrow that would that be my **** so with objection. Speak you're recognized thank you Mr chairman just a point of of clarification these are changes to rules that already exist is that correct yes Sir so the scholarship regardless of what we do right now the scholarship program exists and is going to continue forward. Yes okay thank you. Senator Hester. You have a motion. To hold for consideration fully LC. Are not opted not to call for more. The vote after. Members we have a motion by Senator Hester to hold we have a second all favor I posed a motion carries will hold this item for full consideration by full council tomorrow. Thank you members will move then to item F. two part of education. This freedom. Thank you Lori for you know our general counsel Arkansas department of education these rules are only changing sections five and seven of the academic partnership program rules currently under the partnership program there are two pots for a better word of funding one that is for warm safe and dry systems and space the other which is for space and growth so you each of these pots is funded equally and if there's leftover money in one of those pots in the first year of the two year cycle that money cannot be transferred under the current rules it has to we have to wait until after the second year at which point we can transfer the money with these rules do is would allow if there's extra money in one of those pots at the end of the year at the end of the first year that money could move automatically to the second year I'm sorry that money can move automatically to the other pot and also these rules give more flexibility for early construction starts to school districts which is something they have been they they ask for quite frequently. Representative Vaught you're recognized thank you Mr chair how often do you have money left over in pot. That have to be moved from one thing to another. I believe this is going to be the first cycle where that's going to be an issue but I will ask if Tim Kaine the director the Division could come up and speak to that because I believe we're under these. Then I'll leave Mr only possible. Your identify yourself and generation yes Sir Mr chairman Tim Kane director of facilities and transportation representive mispronounce correct this is the first time we've ever had two separate pots of money to separately est okay and is there a reason that you can't come back to us when a when you do want to transfer it over is there like some reason wine well there are other projects on the warm safe and dry your one less that can be funded and we just don't think it's prudent to hold that money for nothing here when there's projects that need to be funded. Okay how many people are on the project this. Just a minute. I'm sorry Mister chair I did that without your good. See on the warm safe and dry your one I'm counting. Thirty four projects. In that is of course now that could change if we get recensions projects will fall off. Thank you for ACT one on this list are enhancers so it's thirty three okay thank you Mr. Representative Cozart you're recognized thank you Mister chair Mister Kane help typically how many's warm safe and dry projects that we have every cycle. Not have to go back and look at the history representative that this. on each side because you're saying both years. This is I believe we had a little less than in the past but I'd have to go back and look at the history. Now do that if you probably more so now everybody's trying to add additions and build so okay thank you Mr thanks to. Any other questions Senator Hammer you're recognized. Okay we'll give me briefly the reason for why those projects were not completed. That the money is being left in the. Well the reason is is because of the way the rules workers we fund projects the commission actually funds I don't find I got a demographic emendations lifeline into the money runs out. So how much money is left over there that would be moved over now that is what I'm actually talking about. It would be twenty nine million six hundred and ninety seven thousand nine hundred and forty nine dollars so with the approval of this role that money is going to be pushed over is that correct and this is to have a a one a one cent time we solution but then moving for you to have the latitude to move each year right that's correct yes Sir so my question is why are we why are we having to do this what's the prohibit her that's completing that that's causing those projects not to get completed that we're leaving that much money and having to have this rule to push it over up that's one trait you will underground that's a good question senator the rule right now as stated it only allows a transfer after your to. And if your approve this allows to transfer the Commissioner transferred in your wine which is the year were coming up all right and may be able to not get my question across wire wires or money left there that we have to do any transfer at all yes Sir because in the space projects when you look at the money they were all funded and there was that twenty nine million left over. But they were all funded at the current construction cost with inflation and other I mean all the other variables are going into the. Subject what it costs to do schools. Yes they were funded the commission funded those in the in the may eighth meeting all of them okay so there was this money left over that we're asking to transfer and we can't do that until the rules are changed got it thank you. The representative Vaught you're recognized thank you Mr chair I know during session there was a lot of talk about say frames and how we are now making schools put in the State frames can those monies that you're talking about be used for those projects. As of now the answer that's No representative I mean this is for the actual project okay that rule is from the fire marshal's all right as we were but we've the schools have been informed of that and we're looking forward to a conversation next couple years on how we can help as a state. Thank you Mr. Any other questions for members on this rule. C. ninety without objection rules reviewed and approved the numbers will go to F. three part of education is free no. Thank you representative the role that work that you all are considering now is are the rules governing home schools these proposed amendment the proposed amendments to these rules incorporate provisions of act six twenty three of twenty twenty one basically it shortens the notice period for ace. Parent to have to give to a school district before their child is able to start home schooling and of course the law still allows the school district to waive that all together and then also it provides that students who are enrolled in a traditional public school wish to home school have to return. Any items that were issued to them any materials or equipment so forth before they would be eligible to to home school. And if anyone has any questions would be more than happy Senator Hickey you're recognized yes. Course what you just said doesn't doesn't appear to me to read what it says here which was not my question you said that they would be required to return the items. They would be required yes to return the items to pay for the items okay. Of this okay I will read. Is a second it provided that if that if a student is enrolled in a public school that temperature temporarily issued items resources supplies materials or other property to the student the student is not eligible for home school enrollment and teal. Items are returned paid for and my original question is going to be this or this semester has ended so their peers like to me there's a little bit more to the story because if the semester ends. They're not going to be required to return those according to the rules. This the language in the rule was taken directly out of law it mirrors the law and I recognize that there's a little bit of. Tension there but what we did was we incorporated the language of the of the act. about the tension but the So I guess my question says so whenever the semester ends then basically that indebtedness is forgiven is that correct. Asked the law currently reads that's I mean it is what the law currently reads okay and that's that's where the true they're telling me that so. So would it appears to me then that that debt is forgiven that once at semester ends and then they go to a home school is that what you're saying or not. I don't I don't think that that is I would say the debt is forgiven I think the law is open to interpretation I don't think it's perfectly clear but in no case should a student who was issued items from a traditional public school get to keep those and then enter the home school without returning the items were as they would have had to return them if they chose to to home school. During the school year okay but it says once the semester's ended so once this masters ended they've left that public school system. How would that data be collected. I do not know okay and that's that's fair. So. In essence and I heard what you said you said you don't really feel like that the debts forgiven but made it in all activities practical purposes I mean it seems like when the semester ends that it is if a student I'm also a parent because I guess everyone's and reliable if the in a public school system. Does their debt is whenever the semester ends is it forgiven also. So in other words if they stay. If they stay within the public school system. Whatever semester ends. Because I what I'm trying to get are we being consistent across that so that their debt would also be forgiven which I did for for what for equipment for this stuff we're talking about supplies materials or other property whatever the other property might be understand we're just to a broad swath there but yes I would think I would think Senator that if they were staying in a traditional public school district there would there would be nothing to give back they were that would still belong to the public school district if a student had a laptop that belong to a public school district that would still be belong to the traditional public school districts that have to keep it there this I think this law con this act contemplated what happens if a student leaves the traditional public school district and goes to the home school setting they can't keep that laptop at that point they have to return to the traditional public school but if they don't return it whenever they go the home school you're telling me that the debt is forgiven or you said you don't know that the laws by but that's what I'm asking if the same public school student has a laptop. They take it home I don't bring it back when that semester ends is there debt forgiven on that also I think it would be a consistent answer would be consistent I mean that is property that would be due to the public school okay I would assume that if they're in the public school system at and I don't know if there's any any law or rules or whatever that they're diploma or whatever's not issued. Is there any way that we make that consistent across the home schooled so if there was debt that was owed to the public school system whatever they left if they go to home schooled that follows them at some point there diploma is not issued so that we would be probably providing the same consistency I mean I thought that some of the public schools that that's what they did is that if you were O. did possibly to get your diploma issued to you I'm wrong on that you can correct me but. I'm just I do not I do not know that I do I do know that sometimes diplomas. Could be held up temporarily because of the death but I don't think they can be ever be held permanently because of the death okay the sport could you junctures of clarity that. Yes thank you senator Evan I representive eleven at Senator Hickey if I could intervene courting solace for Jesus after the department education so to add some clarification to the provision about returning the property I think essentially what the law is trying to do is say that if the student upon leaving the public school district does not return the property they cannot validly enter into a home school setting which they would have to do by filing a notice of intent with the department of education we would not recognize that as a valid notice of intent so they would be in violation of the compulsory attendance law it would still be out to the public school district how they chose to recover that property or whether they forgave the debt the law does not address that piece of it it is strictly saying that they would be in violation of compulsory attendance law because they are not in a validly recognized home school setting. But that all ends once is mystery is correct now because compulsory attendance is. Every day all year long depending I mean they may not be required to be in a school district attending school but they're required to always either be enrolled in a public school a private school or have a valid notice of intent for a home school and so if they are not enrolled in public school enrolled in private school or we are not recognizing their notice of intent is valid then they would be invited violation of compulsory attendance law and subject to being turned into court for truancy. You you just went off on a different deal with me or maybe I'm just that I can understand that because I'm looking at the rule this is eligible on school enrollment until the item to return paid for or the semester's end so the semester's ended the way you have his or the way this is written and I heard this lady at this and say that that is within was that we can learn check was that within prior law that was in part of all no this isn't prior law okay. Okay. All right thank you Mister chair I will stop their I'm not going to make an objection but if you would the unless somebody else does I'd like to be listed as a member of this committee is non voting on this item. Staff will take note of that representative Vaught you're recognized. Thank you Mr chair What if a child goes from their home schooled the same scenario but they change schools. The oil. Does that still apply are they still going to be relieved of all of those fines or. I mean I'm I'm with Senator Hickey aye there's a problem with this. Representative ought I mean so you're saying if a student transfers from one school district to another school district I mean they would have to return any property they have that belongs to the school district from which they came to that school district unless the semester has ended that's the way the law reads as and I mean that would be a legislative change I think that might be a prudent legislative changes to clarify that language that would take out that semester at the end of the semester language thank you I foresee that being done in the future thank you. You speak you're recognized. Thank you Mr chairman just to try to put a finer point on it in maybe two. Help out a little bit here. The rule that is proposed and I went and looked on west law it tracks the statutory language which is what has already been alluded to so this is the law yes that is correct that the legislature voted on. This and I think to to the point that was made. This statute only relates to the pre requisites to be eligible for home school it does not touch any other. Obligation. And so I think just for clarity While I understand why there may be confusion there any obligation to pay for items this law doesn't doesn't touch that or doesn't doesn't apparently effect that this is just to say when can they become eligible to home school home school would you agree. Correct all right thank you. Senator Hammer you're recognized okay just play out of center with me you got somebody that is in a public school they've been given a Chromebook okay and they decide they want to go home schooling okay home sure so they leave the go home school or but they don't return the Chromebook that under this they would not be granted home school or status until they return that chrome book is that is that the way this would play out that is correct okay and just say there's a attitude or spirit of defiance whatever it may be And kill that chrome book is returned then that student is still considered a student of the public school system where they were because they haven't return that chrome book even though they may go off and start doing home schooling stuff they're still gonna be listed as a student public schools not writer right. No Senator Hammer they once they have any withdrawn from the public school or if they do not attend for ten consecutive days the public school as required by law to drop them so that's where again it comes into their not enrolled in a public school and they don't have into a valid notice of intent to home school so they would be in violation of compulsory attendance the public school cannot. That forcibly keep them enrolled just because they have property but it prevents them from being eligible to the speaker's point of entering in the home school so they're kind of just out there in limbo. And to or until the semester ends because that's language in the law okay and on that point to the semester engine based on testimony gave do we have a conflict between the law that was passed in the rule or there is no conflict based on what the Speaker said there is no conflict the wording is identical okay. And then one other question So so that student is officially registered at that school and. And they go to home school and as far as any grades that might transfer or that would be credited to the student because a Chromebook as of in return is there any authority of the school who is the owner of the Chromebook to be able to withhold any grades that might otherwise transfer. There is a section of law and I can't site to it but I can get it for you that prohibits a school district from withholding records or a transcript due to unpaid that. So I believe it would also apply to a debt owed because I'm keeping property so the school cannot withhold their records or transcripts. I just try to get my mind around what the value of the lawyers so all right thank you. Members any other questions. Seeing none with no objection rules reviewed and approved thank you members will go to item F. for I do want to mention to you that there is a revised summary of this rule that's in your packet for your review. Get Northeast Arkansas regional solid waste management district to the table to present a rule. German if you'll identify yourself for the record and you made to your presentation. Thank you Mr chairman my name is Robert Thompson I'm the attorney for the northeast Arkansas solid waste management district I have with me Joseph pence Joe is the director of the district of the Northeast Arkansas is always management district is a regional solid waste management district a created pursuant to law there's several of them around the state some of them operate landfills some of them don't. this district does operate a landfill. The rules that you have in front of you are mostly grammatical and technical changes except for sections nine point oh two and thirteen point oh three which address the user fees for the waste haulers who transfer solid waste into the district. into the landfill operated by the district. With that I'll take any questions. All represented Wardlaw you're recognized Senator Thompson it's been awhile yes it was good assessor First off it ends and we can start the hand I don't know if you have it but the bureau asked the number of questions of looks like about five all were pretty substantial but the the read the response from you guys was was very generic of I'd like you to elaborate on a couple of them first for instance number five it is about one of those fee increases that you just referenced I believe it's about the one that's thirteen oh two thirteen oh three And. I guess I need to understand the reasoning for first abolition of fee for those hollers that are hauling outside the district and then how that collaborates to raising the fee for that per yard inside the district can you elaborate on those two sure under the law regional solid waste management districts can require that all solid waste produced within the district be disposed of within the district. Thank you that's permitted by law so if you have a regional district and their solid waste that's produced within the district the district can say you have to dispose of that solid waste at a landfill within the district. our board is made up of the county judges and mayors of cities within the district and that's to that's two governs the district and who voted on these rules date I think it's fair to say that they made a decision that they would not require all solid waste produced within the district to be disposed of within the district if the solid waste hauler wanted to take it outside the district and pay equivalent fees. So in other words Constant tension that we have that we've had within our meetings within the within the district is solid waste haulers not wanting to bring their solid waste to the landfill within the district which creates a financial strain on the district when haulers take it outside the district so we have a couple of options we can take legal action against those haulers which the law would permit. But the board relief has been reluctant to do that for several reasons so as an alternative we're proposing that we in axes were in in lieu of taking the solid waste to the landfill within the district they can take it to another landfill but they have to pay a fee. So so what me through that that eighty dollar fee how is that equivalent to your and and we're going to use these new numbers at this point but House adequate linked to your thirteen dollars per yard yes Is that time on the same is is that it is the yard yard bigger than that time under house at work yeah that's a good question the traditionally many lance's landfills either charge by the time for by the yard and the yard is obviously the volume and this time it is the way. So it's it's not in necessarily an apples to apples comparison depending on how dense the solid waste is that your transporting to the landfill. Our district since these always management districts were enacted pursuant to law that was passed in the early nineteen nineties when this this system of solid waste management district was set up since that since that was enacted the district at this the Northeast Arkansas District has always used a per yard basis on transporting the solid waste. it's not equivalent to wait it's difficult to change once you establish let me let me make a simpler for you okay you're legally killing me to death sorry sorry. Are you trying to stop them from going outside your district with this new fee because you you made to emphasize that you would legal take legally action but there were several reasons why you haven't so you decided to impose this B. so you're wanting the waste to stay inside your district at at at most but then I seed later in the fiscal impact that you're raising a five percent additional charged anybody bring it inside so are you trying to discourage that from happening as well we're trying to the the the district is trying to recover its cost in both circumstances okay. When when when solid waste leaves the district and isn't brought to our to the landfill. there's there's lost revenue. And obviously over that this the first time we've been before this committee and five years. the number twenty eight twenty eighteen was the last time and you raise the fee to that level in yes Sir twenty five yes yes Sir there is no fee for transporting outside the district now so our only option now is to take legal action against haulers who go outside the district we consume I think it's actually a misdemeanor to take to take Soloway's outside a district so we could threaten criminal action the board our board doesn't want to do that I mean for for obvious reasons it would rather get to the hollers the option to pay a fee to go outside the district but if we do that if they go outside the how do you regulate the collection of that fee. well. We we regulate the collection by I doubt I may let Mr pence address that but we have it's very rural district covers four counties in northeast Arkansas and the the waste haulers have to get a license they have to be license through the district if they're going to haul waste and so through that licensing process Joe will know where they're going where the where the waste is being transported some of the district is that the district is located in in northern Greene County and some of the some of the areas are over an hour away and there's a closer landfill to some of the areas in western Lawrence County and so some of those holders would rather take the solid waste to the landfill this more proximate because it saves them costs but if they take that solid waste that they collect the solid waste collect the garbage and take it outside the district it it means our district is having to is is losing revenue. And. Costs have gone up over the past five years So I don't know if that answers your question not really but I yield thank you Mr Senator Hester you're recognized. Hey Senator Thompson so I think I'm I'm following up on that deal my question was going to be. Why are people not wanting to use this current landfill and and logistics is clearly the majority of the reason for that but I mean you you could you could solve some of this with with hollers right like you could decrease the cost right of what it costs them to dump at your landfill to get them to come use it as opposed to going out like I'm just like so much of the trash mortgages so somewhat somewhat free market in the state of Arkansas that area is not now they want to use the government to force people to use a service that they don't want to use like what why are they operating a landfill instead of letting the free market operate a landfill. The there are some districts that operate landfills Craighead County operates a landfill this district has always operated the landfill why is there why is it operated by a private about public district instead of a a private landfill I don't know the answer to that I think that certainly. That goes beyond what we're asking today and I don't know the answer to that Senator all I know is are you know are this landfill the the northeast Arkansas landfill has seen extraordinary costs in terms of equipment. they've had to dip a lot of difficult time hanging on to employees that the number of employees is roughly stay between fifteen and twenty over the past few years there's currently nineteen employees they've had a difficult time keeping employees at this landfill some of the employee's leave to go to the other landfills. we're trying to keep up. That that makes total sense to me I would I would recommend the board they consider let the free market deal with those problems I would suspect if that if that. That was for sale that there would be there be there be many takers do my my last question is does does the does the Northeast Arkansas regional solid waste management district believe that the legislature has the authority to approve or not approve their fee increases. Well. It's a little bit of a unusual animal in that the the district is a is is codified these districts were codified I think in nineteen ninety one it took over from a lot of the old city and county docks you know we think of growing up I take my I take my trash the city done for the County Down. Does dumpsites were consolidated inter regional districts under the code the district operates with a board that's made up of elected officials within the district so like I said the board has four county judges and I think seven mayors on the board. date they have to approve these rules but then for for terms of rulemaking we're treated like a state agency so that that's a long answer to a short question the answer is yes this this is the ALC has to prove by rules. Thank you. Senator Hammer you're recognized. Thank you Mr of first question is a dollar increase is driven by what you've determined to be will cost of the loss to the landfill by them leaving and going to another district so are they leaving the state or in that area up there what's the next closest option well we they're not we don't know where they're going I mean we we don't control where they go presumably the closest landfills Cherokee Village chair Cherokee village which is in sharp county which is a. Which is to the west of Lawrence County and if it is for this is proper this is this covers a few communities in the western part of Lawrence County that primarily it's not a lot okay the the eight dollar cost though the determination of how you have it eight dollars is it because of the true cost of the lost to the facility or is that what you determine would be a prohibit her to them consider and so you it I mean could been ten dollars twelve hours whatever I'm just trying to get my mind around you're coming before us asking to allow you to give an eight dollar increase I think it's fair to say it's it's the it's the cost to the landfill and I would I would point out they don't have to pay this state it's not they're not required to pay the fee if they want to bring it to the to the landfill operated within the district right but now if they don't you would sue him if we don't give you what you're asking for here today you're only other recourse that would be to suit that that would be our our legal recourse for referred them for criminal charges all right and then I know that you the the board is made up of elected public officials correct yes Sir but I noticed that there was no public comment held on this so what is the reaction of the hollers that what we're going to do today will directly impact them because I don't I didn't see much I missed that there was any comments from any of the haulers or the people to be affected by this what was there what was their Avenue to get public input there was no public comment from private haulers because they were offered or because they published it was published at pursuant to law as as the rules are required to there was no comment from any public callers I would point out many of the holders that take solid waste to the district or the cities themselves. the mayor's some of the mayors that you see in the on the board voted for this fee increase. Not because they like fee increases but they know that the landfill cannot continue to operate with its current revenues okay and I'll be quick I just kind of racial question me why why would they in. That makes sense to me that they would impose upon themselves. And and go for another option but I guess lastly I'd ask is the governor's taken a strong position about no fee increases did you consult with the governor's office about this at all I understand you didn't have to but I'm just curious did you consult with anybody before coming before the legislative branch on this I don't. Not to my knowledge this to my knowledge the board voted for this this is actually. The board voted for this I think in October or November and we just. We were not able to get on the agenda due to the legislative session so this is the first time ever and if you don't and if we don't approve this and what leaves you the option is filing criminal charges are or soon will right. Well or continue to do business as usual without this fee increase we put it back in your lap to decide what to do. I guess that's fair okay thank you. Senator Rapert you're recognized thank you Morning center Thompson and you more is it is it Mr pence since we haven't heard from you in the back on a little bit of money what Senator Hester **** and I don't have a dog in the fight but I am concerned because I feel like there is a free market me left out Mr pence I would like to hear from you. understand quit Richmond purchased got have cost had recouped over trying to recoup costs too fast why can somebody take their trash an hour away enough cheaper that they wouldn't use you. they are actually not an hour away there on that's what testimony was up to an hour away. We are an hour away from them they are actually closer to the Cherokee landfill Cherokee Village because they're on the west side of our district our district is actually in the east side of our district east side of the four counties so it's actually a long haul to get to the solid waste from over there to our district in north Greene County so they actually have to traverse across to a county and a half to get to our district where they only have to once they finish their routes there actually within fifteen twenty minutes of the other landfill or understand so you're saying they're it they're doing what makes economic sense okay are there other people hauling their trash out of the district because of cost savings. Yes there's a there's about to I've I want to say somewhere around four hollers that are actually hauling outside the district currently because it's closer to get to the other landfill the closer that's the only reason you're closer. Well you know there there's. A common sense of sometimes gets in the way and many other things that I see in government and and I understand you've got cost and all that and I don't know who set this up this way but at some point it. Free market does need to plan as long as it's being done safely environmentally. Clean and and those type of things it looks like you've been given a legal monopoly Committee and while I understand you've got college to go to recruit it. Do you feel like if you go down the answer top you want in on this if you go down the. Or the board is we'll the legal way on this thing the use expect some while making coming up in the future that might fix this or is it that possible. Be able to allowed to be held hostage when it doesn't seem like it's prior. Would you tread cautiously or you thank you thank you go start suing people. No I mean nobody. We don't the the district does not want to sue people or or that's why we're proposing these rules and alternative to the rules I should say I mean I don't want to speak for other people but I none of the holders who do business at the landfill public or private have voiced any opposition to these rules I do want to point that senator Hammer pointed that out these were made open for public comment and I have I have not personally received any comment one way or the other and to my knowledge there has been no opposition to these rules read our is what you're expect them to do is pay this fee not to dump their. Is that not what I'm hearing they can pay a fee instilled up somewhere else that would be that it that would be the effect of that rule yes Sir. That's a lie thank you. Representative Cavenaugh you're recognized thank you Mr chair over here in full disclosure this is my district yes ma'am so I just want to get that on the record. I think the reason you had no opposition you had no public hearing. So there wasn't a chance for people to be really aware of the issue might of published in the newspaper I'll say nobody read the newspapers when it comes to public notices as a problem we've had for a little while just going to say that's another that's another whole story but. You didn't hold a public hearing so the hollers didn't know about it you know how the haulers are going to know about it is when you send out the letter like you saying to me when we're going to take ours over to you we got a rate increase still like for them to have a concern about. And and that's a big problem for me and I I love my mares and makes my judges in that district I work well with them but I also represent the constituency there. And by not having a public hearing to let the constituents know what's going on not just the haulers but the constituents I think you did a disservice to the district. I think if you're going to raise a family on someone they should have a right to have a public hearing and it be hailed and it will let them voice their concerns because much like representative Wardlaw. Your responses to these basically blew off bill are when they were bringing out certain information needed to be changed which was very limited changes if you're making graphical changes and technical changes why would you not get it up to code all the way but your response was pretty generic on these. But when we're looking at raising the fee who ultimately pays that fee that's being rights. It's not the hollers. Members could you hold your committee is that constituents that pay the bills. How much are you going to increase the fees of the average our cans and in this district had the called do you know that. Okay I don't know what the haulers will charge I only know what what the. The fees that are in front of you and could I make a could I respond a couple things you said is respectfully I apologize if if not fees if our if our responses to the questions from the bureau were insufficient I apologize I didn't I did not mean for them to be generic I thought they were responsive to the questions that were asked if I could clarify those in any way I'll be happy to do so. with respect to a public hearing I think actually we did hold a public hearing according to the rules as required by the rule making authority under the under the code we have we published notice the board meets monthly and we publish notice that we would hold a hearing at the monthly board meeting and we nobody nobody made written comments and nobody appeared intended and made public comments and as far as I know there were no comments made by to any of the county judge's or the mayor's in opposition to the rules so I can I don't know about read the papers or who I think we had published this online also I don't know who reads that. all I can all I can tell you representative is that we did everything that the law requires to get this information out to the public and there was no response I apologize for the if if the I responses were insufficient and in terms of who will pay the fees the fees will be paid by the hollers. they'll be paid to the to the district by the hollers with all due respect you know as well as I do when that Fagus increase still holler who doesn't end up paying they don't meet that fate it goes down to the final consumer and that someone that will see the increase on their bill. And I think that's the biggest part problem I have and I understand that you've got to have a solvent District and I understand that now charges somebody because it makes more economic sense for them to take it somewhere else thank I'm similar to Senator Rice that's something there's a legislator will have to look at is the is there a better way to do that but in some point free market does have to step in and I think that's something that will probably be visited but I'm just gonna say from someone who lives in the district from someone who is very involved in the district nobody knew about this thank you. Senator Hammer you're recognized. You may comment while ago that the majority of the holders are cities and entities and I would conclude from that that those are also some of the same ones that are sitting on the board making decisions about this is that of is that a fair conclusion it is okay and then how many haulers. Would that leave that are not directly affiliated to the board the total number of hall haulers last the number of holler said or have positions on the board I'm gonna have to leave that to Mr pants on I'm not sure about that. Currently last year we had about a hundred and twenty five dollars and as you know there's only about the seven mayors on the board the actual. Number of I guess residents this Retained by the members of the board makes up the over fifty percent of our population Greene County being pair gold is one of our largest haulers they have over twenty thousand people All of the city's on the board are over two thousand people it's it is comprised of our largest cities so the majority of our. Are a. Hollers there are actually representing Cities are representing Residents of the district of which they are not going to go outside the district to dump so this is going to fall on the hollers that do not have representation on the board and that that should ultimately going to impact because the the cities that represent the majority of the haulers are probably not leaving the district this is going to fall off on all the other ones they're picking up however the cities and others dollars that a fair assumption okay thank you. Members any other questions. questions. That objection the rules reviewed. Representative Vaught. I would like to be on record as a non voting for this I don't think we should be voting on these fees increases so I would like to be a non voting. Staff make note of that Senator Hester you're recognized yeah maybe maybe some may represent Wardlaw was under this but I I I say objection that we we do not pass this rule we are not increasing fees on the people of Arkansas as we have a pretty clear position on for quite some time that's my motion so we have a motion to not take a vote. We have a second. Motion to take a vote to not approve the motion I have a second members the motion is we'll take a vote to not approve the rule. All in favor say aye. Those may Is have a rule is not passed. Thank you thank you. Senator Hester. Steps buys it will need a second motion. To move to not approve the rule on the basis that has been given a motion by Senator Hester second by representative Vaught those of favour say aye opposed nay Is have it which carries members will move to two G.. These are agency updates on the status of outstanding rulemaking should fact five ninety five of two thousand twenty one we'll call first to table G. one department of ag. Yeah. If you identify yourself for the record and You may give your report. Thank you Mr chairman Wade Hodge chief counsel of the department of agriculture we're here talking about the plant board's him rule we actually had a rule that was ready to be presented was actually on the calendar for this committee in may of last year and then after public comment period was concluded and we had gotten that far then we began hearing from industry representatives who had some objections to the rule so we continue to work with them throughout the fall were unable to reach a final resolution some of the changes that they. Requested we did agree to make but we view them as substantive changes which required it to go back before the plant board that occurred in December of last year and by that time we were so close to the legislative session the decision was made to wait until the session to see if any more changes might be made to the help law so we wouldn't be deep into a process and then just have to start the whole thing over again. and during the session there was one change add to the definition of him in the Arkansas him production act in that definition does not exactly track the federal definition so this point where we are on the rule is examining that rule to see if any clarifications need to be made in the definition of him just to make sure that we all understand the definitions in the law. I see no questions for members massage thank you for your parents the update on that you've got an item coming up under age so if you're able to stick around for that please we'll go to item G. two department education. What if I yourself for the record you give your update in morning again courting solace for chief of staff of the department of education we have four rules I'm still on the list two of them the first of which being the rules governing school safety we were all the way to the end of the promulgation process when we enter the twenty twenty three legislative session and due to acts passed during the session those rules are going to require additional revisions and so instead of completing them and then restarting we are just going to make those additional revisions and then put them back out for public comment and complete the promulgation process at that time. Members any questions. C. nine thank you for your parents and your update on that and the second rules that are in the same situation would be the rules governing the succeed scholarship program as a result of the learns Act that program is being rolled into the educational freedom accounts and so those rules will no longer be necessary so we will be repealing those rules and any future ale seek immediate meeting. The questions on that real. C. not leave you have one more yes the rules governing the school counseling improvement act those rules are complete and have been submitted to be L. are to be added to the next agenda our submission was past the deadline to get on the June agenda however if you all would like to hear the message unit agenda my understanding is that can be done with a waiver of the rules otherwise we will be here at the July agenda to present those members any questions. Dont twenty thank you for being here today and the update on those rules go to G. three department of health State Board of Health. Chouf you'll identify yourself for the record and You may present thank you Mr chairman of the committee on large you I'm general counsel with the department of health trust on the twenty Arkansas department health. With regard to our report four ACT five ninety five of twenty twenty one we have three rules remaining on a report for you today the first being the rules for abortion facilities at due to the litigation under jobs and twenty twenty two there was an act that was passed in the twenty twenty three legislative session ACT one sixty two of twenty twenty three removed the licensure of Arkansas abortion facilities there for no at current rope rule revisions are necessary and in any pending at amendments to the rules are met at this time the second rule before you today is the rules governing medical marijuana registration testing and labeling the current revision as a substantial update because of input from all the stakeholders before during and after the public comment periods the board of health approves proposed amendments at its October twenty twenty one quarterly meeting there was a notice of public comment period was published in March have twenty twenty to the period ended in April of twenty twenty two the substantive changes based on those initial public comments were presented to the board of health on October twenty seventh the twenty twenty two we had a second public comment period which started in November and ended in December of twenty twenty two further amendments were required and they were presented to and approved by the board of health on October twenty seventh of this year we move forward even though there is pending litigation with regard to our interpretation of an act from twenty twenty one ACT eleven twelve twenty twenty one in our interpretation is being challenged in circuit court there was a lawsuit filed in February of twenty twenty two as of March of twenty twenty three I believe that circuit judge recused from the matter so it is still pending I check the status of that case and is still pending in circuit court. Regardless because we're not enjoined we are moving forward with our rule and our current interpretation of the act and upon approval of the governor's office the rules will then be placed on the agenda is for the public health committee the A. L. C. marijuana oversight subcommittee and then the A. L. C. rules subcommittee for review and approval. The third rule before you today for our report are the rules for cosmetology body art permanent and semi permanent cosmetics there was a state law changed and twenty twenty three so the pending rules are no longer necessary as they will require substance substantive at changes and ACT six eighty eight of twenty twenty three will be incorporated as soon as possible and upon governor's approval will be submitting those for public comment and for the review and approval process under ten three three oh nine consequently due to the twenty twenty three legislation and the pending litigation the board of health through the department of health respectfully request to be removed from the rule making updates pursuant to act five ninety five of twenty twenty one it's my understanding there will be at if if inclines that would be to add two motions that would be required to remove us from the rulemaking record numbers any questions if not we have a couple of action items regarding these these request so in in summation Department of Health is requested to be excluded from further reporting on its three rules ACT ninety five provides that an agency shall not be required to appear with a law requiring rule changes is subject to litigation in accordance with that actor departments indicated here today and in writing that the twenty twenty one law relating to medical marijuana rules and it is in litigation and the department will notify us in writing when that litigation is resolved so I need a motion to approve the agency's request for exclusion on these rules I have a motion I have a second all in favor say aye opposed nay moshing carries departments also requested in writing in here today to be excluded from further reporting on its abortion facility rules and the rules for cosmetology body art permanent and semi permanent cosmetics as a twenty twenty one changes are no longer necessary in light of laws passed in two thousand twenty three ACT five ninety five allows a subcommittee to exclude an agency for for. The reporting if it determines that the recording required rule is no longer necessary I need a motion to approve the agency's request for exclusion I have a motion and a second of second all in favor say aye opposed nay motioned carries she thank you for your updates today. Members will go to item H. We have we still have item G. for office of Arkansas lottery. Your identify yourself for the record you may be given the get your update. Thank you Mr chairman members of the committee so we hear about the update on that is at six thirty six of twenty twenty one required the Arkansas lottery to come up with some rules around the establishment of the Arkansas. Lottery trust account and we did so in the form of an emergency rule which is now expired so we're wanting to get that rule made permanent and we filed it as a permanent rule back in December open it up for public comment had a hearing on it and all that expired in early January and with without any public comment written or oral and we didn't have anybody at the hearing that had any objection or anything to say about the rule. We were at that time prepared to put it on the agenda to get it before this committee and then also in January we had the governor's executive order fifteen dash oh two and so it basically required that regardless of where you are in your process of getting a rule approved by the legislature it needed to go to the governor's office We've done that with the previous administration or having to do it again with the current administration but because the questionnaire that they came out with sometime thereafter is a little bit different than the questionnaire that was used before then and has some additional requirements and things that have to be met including generally repealing to rules that you already have an affect. So the bottom line is we're we are at that before we can get it back to the committee we have to complete that process with the governor's office I don't really anticipate any any problems with it there hasn't been any issues raised about the rule at all but we need to do that to comply with that executive order and then you get put on the agenda before this committee I'm hopeful that that can happen relatively quickly I don't know that we can make this unit agenda but hopefully we would be able to make the of July agenda and is we're currently doing and and have been since is this the center he's bill it became this act became law we've already implemented everything that we required to enter that in our continuing to to do that in here those requirements of the law so I don't think the rules really going to change much of anything but we still need to get it done. So they anywhere that's the status in the update regarding that rule not be glad to answer any questions members any questions for Mister Standridge. C. nine thank you for being here today for the update on that thank you one members will now go to H. just. Raniere tension The last time this committee met the department of agriculture's bureau standards had one rule that was outstanding the concern two thousand nineteen legislation that had been in litigation and since concluded we have resume the at the monthly in person updates on the status of that rule so Mr Hodge if you'll come. And provide us an update on that one outstanding rule. Thank you Mr chairman members of committee wait haulage department of agriculture as the chairman stated about two days before this twenty nineteen law was going to affect the lawsuit was challenged I in September of last year the court issued a comprehensive fifty four page pending declaring that the provisions of the law were unconstitutional and so we really don't see a pathway forward for adopting any rules of pursuant to this law we would ask to be excused from any further reporting on this and we'll be happy to put that in writing if necessary certainly so members under quarterback five ninety five just like we did with the Department health based upon the fact is litigation we can exclude them from the month reporting do I have a motion to exclude we have a motion and a second second all those in favor say aye opposed nay ayes have it. Motion carries thank you make large. Members the itemized rejects monthly written agency updates The spot all items are from January through may updation department corrections. Concerning the status the department's rulemaking implementing legislation from the two thousand twenty two fiscal session those are in your packet and all lines any questions regarding those reports. Seeing none that will file those January through may monthly written updates from the department of corrections no other further business for the subcommittee meeting is adjourned.