Insurance & Commerce - Senate

No Sir I I think we do remember you you've gone quite a long time force but you did a very good job project what you did. The. In a list. Okay. Okay speak against the bill we have Michael Ford. I do want to reiterate one thing I know that we're gonna be on time constraints this time as well so if you have something that basically going to repeat what we have actually already heard please think twice before you come up here and take a one time but we don't want to limit you either. Senator Hill All in in members of the committee thank you so very much for the opportunity I do have a three page speech but thank god I will throw it away so you don't have to worry about that this this morning I will would just like to say I'm a realtor from West Memphis Arkansas I've been in the business for forty three years I both help consumers by sale and rent property and have done that for the past forty three years I do want to say that as a realtor and as a part of this organization and leadership for a long time it is always been a goal of ours that we make sure that we protect private property rights and I'm happy to say that in Arkansas as as homeowners and if you own a piece of property you can sell it. You can lease it you can hire someone to manage and lease it for you if they're an employee of yours also want to take this moment and thank Senator Dismang and this is been said more than once but he's not been thanked for his leadership in passing the first. Have a bill to law in the State of Arkansas that is a step in the right direction. Yes I'm thank you senator sorry about that I want to once again keep my remarks very short and so I'm going to skip to something that I just want to regenerate and that is there this bill seemingly handsome very minimal protections however there is no one to ensure or monitor these things are in place so thank this bill has a minimum experience requirement but who's going to determine whether that experience requirement has been met. This bill also has a nice for national certification requirement but who is actually going to charming that they've met that certification this bill also says a felon cannot. Of practice property management if this bill passes but who is there to determine whether they have a convicted felon or not or road there's that background check run there's also requirement of a bond but who is there to monitor that that bond is in place so I just want to take a moment and I think there are a lot of questions they're left in this bill but I also want to close my remarks today by one saying thank you to each and everyone of you for the service that you have given throughout the session and many of you for many years is always the privilege of the Arkansas realtors association and myself every time I've had the opportunity to to fast to testify at a hearing here and I want you to know that our organization has the deepest respect for everything that you guys do on a daily basis so thank you very much want to keep my remarks short at this time I would like to take any questions the committee might have. Thank you senator thank you Committee. We have. Mr Lester's. And please enter several record Sir my name's Jennifer Lester I'm chief operating officer for Moses Tucker partners and we're commercial real estate company here in Arkansas one of the largest property management companies also I'm at I've been in real estate for twenty five years in commercial property management I have my RPA designation by CPM designation of that's real property administrator and certified property manager designation and I'm also a licensed real estate broker in the state and also currently and the vice president for building owners and managers association of greater little rock that's Velma and government is one of the leading associations for commercial real estate for more than a hundred years and we have over sixteen thousand members worldwide in more and we represent in nineteen countries and it's important a bona and the committee that we we tell you that this bill doesn't just impact residential multi family real estate it also impacts property managers for all types of real estate commercial office industrial retail centers and medical office buildings and I don't think that that's been discussed very much at the table and the commercial property managers that I am a part of we manage. We manage and and operate multi million dollar property portfolios across the state including forty five fortune five hundred companies state of the art medical facilities industrial properties and that house some of our state's largest economic assets many of our favorite retail centers and even some of the facilities that house your state offices A licensed real estate broker and sales person are required to complete continuing education each year two and such to ensure that they were maintained Excuse me that they remain well informed a legislative changes to real estate laws disclosure requirements ethics of real estate and safety practices building owners and managers association organizes an annual continuing education that's geared to commercial property managers and it's relevant it keeps the property manager informed of changes in building codes life safety ADA requirements and so much more. I'm the the other thing that I wanted to mention at this time I know there's been some talk about this waiver for brokers license and seventeen years ago I applied for a waiver for my broker's license I call the real estate commission we had an issue with the company that I was working for which is based out of state and I ask them what do I need to do and they said oh you just need to apply for a waiver and take the broker's exam which I did and it took me just a couple of months and I received a way of the waiver for my broker's license I just want to make sure that the committee understands that it's not a difficult process and I actually have have done that myself so anyway that that's really all I wanted to talk about is wanted to make sure that the committee understands that this doesn't just affect residential a multifamily property managers it's across the board this bill. Thank you senator Hickey. Thank you just I want to just make sure I fully understand so seventeen years ago you didn't have a license is that what you said I'm sorry I had a sales person's license okay. But you don't have that you didn't have a license that was required to do the property management that correct so the company that I worked for was based out of Dallas okay and so we had to have an Arkansas broker to operate in Arkansas and the broker that we had left the company so we were left without a broker so I had my salespersons license I applied for the waiver for the broker's license so that they didn't shatter company down. Your comment if I in this I misunderstood you you said that you were told that you had to apply for the waiver and. To take the broker's exam correct okay. That would be this is the case of somebody was just applied for a waiver if we use this form right here that these out less I'm misunderstanding they can apply for the waiver they can apply for the waiver and then the Commission or whoever looks at it and then they just approved or not. Having to having to take the broker's exam is not a contingency with us within this form. It is. Yes Sir. Okay. Okay so I just need clarification so it's just a short term waiver but it requires you to take the exam in my case it did I'm I can't speak to many other cases I just know that in my case we didn't have a broker is required by law to have one so. I asked the commission to not make us because our company basically okay I appreciate your testimony I I would just need some clarification is there anyone here currently from the real estate commission the current commission educators. That vision for you or were you looking for Senator I just need clarification arounds what was just commented on to you you have a former. Commissioner president Commissioner that test I just wanna go Mr Yates. Yes. Is there a question I would you would you come back to the table sorry leased you say they're taking from occurring and answer these well because I'm on allow him up after the after you finish ma'am to to go into just the correct form that dealt that we have now to the incorrectly so just to be fairly three. For the for the purposes yes explained okay yet for the purposes of live streaming we we need people to be at the table to answer questions instead of in the audience so that's what we needed him to come back up to the table but thank you Sir. What is your question Centerton Michael yes dog gates from Fayetteville. So the question is do you have to take and pass the broker exam and the answer is yes okay all right thank you so much waiver the waiver is simply for the two years of experience as a sales agent how long were you had several years we just did not have okay for the record okay and. Follow up with that thank you okay Mister Gates going to stay there because I will call you out just a second if you'll hang tight right there okay but will let the committee finish a finish here than in have you any other questions. If not thank you very much for testimony ma'am. The Mr PH I just wanna get you to follow up with passed out the proper forms while ago you pass one format earlier I said it was the wrong form we just passed another one out. One of the. No the other form was based on experience. Yes Centerton. The former passed out earlier straight off the website faith without okay. Okay that was brought to a in all fairness I wanted you to be able to look at that and looking to have Senator Hickey you have a question okay. I was gonna say that form has like three or four more pages okay or experience so this so this form that's to our application for council broker's license experiment Meeks experience requirement this is what you use for the waiver that's what an applicant would use to obtain the waiver yes. And then there was another one that was passed out this is Arkansas real estate commission application for broker experience waiver. Any idea I'm not sure why. Okay where okay I just know that for my past out this morning I printed. Nine o'clock last night straight off the website that works. Thank you Sir. This message. Yes Sir give rarely would you might maybe not maybe not. Go ahead. Thank you Mr up mystery H. there's there to form peer and one has a bunch of. Like check box all that and that's fine nothing wrong with that and then this one is it says a application for broker experience waiver and so what you're basically the this one is it's got a lot of big blank so you can I guess. DO a narrative that explains why you you would get the but that but the still that is only applying to someone that already has a sales license correct so if you didn't have well you say that labour shaking her head I'm just trying to clarify where we are on the edge of. I have no problem with a waiver process but what it's it's saying well if your county in the club already you're a. It says socit member that's not what a sales person is I respect the sales people but you're at the it's the second tier level and you want to move up to the first tier level so you can do this this property management you would have had to had the experience and a sales license you can do it from two different directions you can have a sales person license not have the two years experience that would be required to normally apply for Brooklyn and okay let me give you the example I'm on you Senator Hickey Senator Hickey as a son who's very young man's will be a doctor but let's say he been following his dad around managing property for many years which probably happens if we have a but that he if let's just first stipulate that he had and he decided I want to do this that instead of going to medical school which we know thank the lord even do that but he he decided he wanted be a property manager. He could apply the thank you scores apply forget is sales license and then through this process apply to have that experience that he had accumulated being in a family business of managing you know house rental houses of whatever could apply that toward the end is that what this would that be allowed or would it not be allowed if he could show that he was involved in those transactions yes okay but he could be a sales person and and. Short circuit that two years and an apply for a broker's license or he could simply apply for the waiver without sales person when you say involved in that transaction though I mean I'm that's that's not exist that's I realize that's not explicit it's and and we all know people that have worked in quote unquote the family business and the fame you didn't have this well I I work this was my project and I was which are now I help my dad my mom on my uncle on everything and I like in back to my dad who this my grandparents had a country store and so my dad everything from pop gas to cut me to stock shelves the haze stock sales by the way but that's the point being that y'all don't consider that y'all would only consider that you thank you senator Ernest talk about with her sixty eight a person who was a young lady that mandate that got a degree and and construction management should have to be that this I did the the A. B. C. complex and this is my experience it couldn't be I've worked in this with my family business for. However law. Yeah yeah I've got a specifically tied to a project. Is that correct actually were involved in those activities yes is is that is and and I'm I'm not pinning you down mistreat you been very forthcoming I appreciate it but. Is that in it rule somewhere or is that just sort of the way the commission is operated this this is how we interpreted that experience requirement. Like I said earlier it is to some degree subject to yes okay. just because I watched you shoe horses doesn't mean I know how to shoe horses correct so that's definitely the truth I promise you that. I do so the mail. so yeah it's not just that you were in the vicinity but that you were involved in the transaction well and to me that's a little gray and I'm and that's not your fault it right be our fault but we didn't clarify that that right thing but but what I keep thinking is that you know someone that's. then in a business family business for their literally since they can remember and then you know that so I've got this experience well they certainly do but you know this was not I was helping I was part of the team I wasn't the the quarterback of the coach I which is part of the team that that but that specific that kind of experience based on the the rules are your practice is not considered are are not. Maybe I should say not necessarily considered is that. Wouldn't know until I saw it okay so it again you you you create your candor contested subject it is. Okay Boyd thank you thank you I have a follow up and I realize your expertise is in real estate real estate but maybe this is common sense enough so Committee remember that he has already been up here once we just going back to clarify she. So like and health care do you think that they let our answer LPNs to experience a lot of health care and go into work with doctors every day all of a sudden jump to the medical board and asked to be physicians and grant them licenses I'm not on the board but I wouldn't think so. Thank you Mr Yates appreciated and we're going to go to another mystery eight CGF Yates. Lesser. Thanks thank you Sir. Their next we're going to go to miles Morgan speaking for the bill. Or. Your earlier. Thank you better hurry then we have one more the no that is it as the last one to. Signed up to speak for against the bill. This isn't that's the for this bill okay. Is there anyone else to speak for or against the bill in the audience. You saying no one. Any other questions from the Committee. What what is the will of the. Thank you. We'll go back to you sorry about that Sir I fix it it's been alone two weeks. Would you like to close for your bill I think that the the proper thing to say. Yes your committee in thank you very much and thank everyone for your persistent this is Ben I know we broke several times and so I appreciate you all being here and all y'all that testified And. I have a long preparation on keep it pretty short This is. Let me just say this. one is someone going to release a school to become a real estate agent that's a pretty simple answer they go there to sell real estate. We have heard. Some say I'm going to registered agent for two years so I can run property management company no because it's a different career path let me be clear currently you do not have to have any experience and almost no education is required on property management the become a real estate broker that allows you to manage property no experience almost no education. My exemption requires experience knowledge and proven success. There's a huge need for good property management Arkansas there's a huge gap in Arkansas between upper and the lower end rentals this bill have to fill that gap with experience educated and bonded professionals it does not change any existing law it does not affect anything that regulators are doing now it's a small exemption that provides a path for someone who specifically wants a career path in property management. The Arkansas department of labor and lasting supports this bill he was here earlier to testify in support of this bill. This offers opting to grow property management in Arkansas from a group whose whole focus will be property management and most important it does not grow government. With that. I would also like to comment on the waiver. The real estate commission admitted to me that the waiver is not working if you go to their web page property management's not on their web page at all. The waiver has been used very little and as you can see it's very misunderstanding and it's also gives the Commissioner the right to tell you know even if he just doesn't like you. So with that I would ask that you please help to grow in strength in the industry and property management Arkansas vote for the tenants no yes appreciated. The representative has closed on this bill. What is the will of committee. The motion to pass by Senator Johnson. Second by Senator Irvin. The discussion. Said rob. Then. Okay. Thank you so The two or three items that were mentioned relative to the regulating of the the bonding place in some of the other requirements at the bill one of the gentleman that testified right out by three things. That. I don't know the bill answers who would police this or who would verify those things that we get an answer for that. I'm talking to the committee members we did not nobody there is nobody to police it my understanding. But I could answer them in discussion is closed okay he's closed again answered okay I just I mean I guess point of order I mean I know senator Johnson would pull his motion back to that. It is to allow a representative group to answer questions yeah at a public drive a motor motion to withdraw the motion all in favor say aye hi. Representive. Obando. No okay. Senator Hickey is unknown that tax. Let me just say there's extensive regulation on property management is asked me that I learned the testimony not only to regulated in municipalities occupation tax fair housing act you can get a response within a minute twenty eight seven seconds the tenant can restate Commission happy to be there so many agencies on top of of of re of property management it's a very. There's just a lot involved in a lot of people overseeing us and I'll just get it what what what is the interest question directly though about the bond. About the bond yes who who's gonna make sure you have a bond bonded there was two or three other things I just wanna make sure I did miss it one step that I guess my question on that is I don't I don't guess three someone specifically required just to make sure you have that bond bond in a couple of the more than bill and or that you try to think the other but thank thank you for that thank coming back and clarify that thank you Sir. It back to the. HM you're if you're used proper time now. Have a motion by Senator Johnson Secondus Senator Irvin do pass any other discussion. Penzo. I believe it okay go ahead anyone else is there Johnson. First I want to thank everybody on both sides of this issue for the Frank discussion especially want to thank Mister Yates for his candor and how he told us how the process works it's not your fault if it doesn't work perfectly it's our fault or somebody else's and process and and that's that's why we come in every two years to fix these things but Mr chairman I. I see this as. A entity that's regulating a very legitimate public purpose in real estate sales coming over and say okay we want to also regulate this over here which to me is is a totally different discipline and there's nothing wrong with the fact that these are two separate disciplines but I return we believe that this is an example of of we're you know it's the nature of bureaucracies at all levels to perpetuate and expand instead of rolling back and looking back at things the world changes we're sitting here dealing with with the In many cases people fight over the same calendar and your our job is to to call balls and strikes and protect the public and outside of that I'm I'm a firm believer in free enterprise and let people do what they do best I think there's experience that is totally different and substitute I appreciate senator Durbin's example of a of a young lady that went got a four year degree in this particular area over here not this area over here and I I can see how it's probably a lot more relevant than having you know listed and sold some houses as far as managing the property I in our meeting I guess it was yesterday I lost track of thanks I mentioned my daughter has a sales license and and I think she be the first to admit she's not the anyway qualified to manage property she's smart girl she can do things but if there's any will HVAC problem shouldn't just call me a ticket or help get fixed she called me because she doesn't even understand what the potential problem could be and that's not a reflection on her it's just it's kind of a it's a division of labor and vision of authority and the Division of experience and I really do believe that the existing law does not properly recognized that differentiation and someone else use the car salesman versus the guy that's back in the back fixing your transmission they're all audible mobile business but those are absolutely two different disciplines so I would appreciate a yes vote on this bill I think it's good policy I don't think it hurts are real estate brokers and salespeople what so ever but does help get Recognize the delineation the different disciplines and I think if it were had be here if that wasn't the case then representative group would never brought the bill in the first place so I think the committee thank thank you Senator center Penzo I'll make this real quick since it's ten I just wanna respectfully disagree with senator Johnson I work in this business rental property say the rentals and sales are. Very close together when a client relocates to northwest Arkansas sometimes they'll say Hey Clint I need a rental for a few months to look and find a property so many it it's the it's the same business I know that you're not in the business and so you may not understand how how it all works but in an education is to learn how to protect public like someone said earlier it's our responsibility and we're we have to have continuing the education hours this bill does not require any additional education so I would appreciate a no vote. But with what most motion for committee consideration. Well yeah it is not about I he is correct there. The if you're in favor meeting consideration say aye opposed same sign. I seven we have a motion by Senator Johnson seconded by Senator Irvin to approve. The bill as presented all those in favor say aye. Opposed same sign no. Your bill is filed. Thank you. Yes ma'am. I would like to speak. I would I did not get to have this is discussion because everybody's in a hurry. But I'm gonna say to you. It is inappropriate that a young lady gets a four year degree to build something that cannot be considered for that being a property manager of something that she builds or he builds up you have real problems when you have this is my opportunity to speak I was cut off by your motion FOR immediate consideration I need to be able to speak on the centerman of allowed you time please use it I'm doing it. I think you have real problems and real issues and I hope that you are very thorough and thoughtful about this waiver process and about what you're doing because I do think there is legitimacy and what representative miss group brought forward it may not be perfect but you really do need to consider these young people that are coming out of four year degree programs that are literally capable of building and know every intricate detail of the electrical of the H. FAQ and if every single detail that cannot manage that property that's a real issue and I think you're doing a disservice to a lot of young people if you're not thoroughly and thoughtfully looking at this issue I just need to say that thank you senator but I am going to allow center console. I have about ten seconds I'll make it quick I think the Senator Irvin youth you might have misunderstood that the the education would be considered but that had experience working in after their education working in a construction that could be counted it's an experience waiver did you catch that I didn't misunderstand that I know exactly how we're moving on now to the S. B. for forty nine. Is anyone here for Senator English. Seeing no one here center Penzo you have S. B. one fifty one. Okay center board or you will run. Senate Perry's bill. Johnson is a. Okay we have a representative Perry's bill H. B. seventeen thirteen. Mark Perry. Okay. Please please please please okay committee we're gonna we're gonna going on we've got. Jana I don't with with. All right of center Murdock would you please go present the bill real fast and we have the subject for hearing okay. Seventeen thirteen. We just. Thank. So with me you're probably running it. Okay. This. Senator Murdock the floor is yours. Thank you. The. Please present represented Perryville. This. This gives me please introduce yourself a record in. What we're doing yes I'm and made a Gibson managing attorney of the Arkansas insurance department. Thank you please. Please present representative Perry's bill far centre Murdock okay and this bill amends at that the statutes that govern the fidelity bond a program this is the program that reimburses at. Governmental entities school districts municipalities counties and state agencies when they have been the victim of theft or and other dishonest acts when those acts have been committed by government employees and the legislation adds the term as self insured throughout the statute so that's just for consistency because the name of of the program is the selfinsured fidelity bond program and they also the amendments also describe what types of losses are covered by the blind and also in one of the later statutes the citation that governs and at that that I mean the citation to the statute that governs how those bonds may be invested that statute had been repealed and so at that this particular amendment at the end of the bill corrects that that it's that citation to it to the correct statute. Thank you senator Murdock anything else you like to add to that. You have. Thank you any the Senator Johnson. And thank you senator Murdock and may. Because I was truly not prepared first to admit on this I will the fact I'm I wanna make sure who is covered this is both the state in counties and cities to it covers add that to that technical term is participating governmental entities so those are school districts K. through twelve municipalities and counties and state agencies and and higher at having served on audit. when we find things that I mean I'm not talking about stakes in the course I'm talking about like the city Clerk over in some town over I believe near center boards district or something that the Clark I'm Scott did with about twenty five thousand dollars or more something does that indemnify the city for that yes it does and. Why is that situation covered under the previous without this bill was it covered yes yes so what are we fixing I'm I'm all for fixing anything but what are we fix right well and you can see the term self insured has been added through out and that it is a self insured fund well that because that's and that's the name of of the fund it's the self insured fidelity bond fund and but on page two of the act one seven ACT or acts just emphasize that it's maybe just not one fast but like a series of thefts that meant that and that may occur and then further down on page two lines thirty one and thirty two clarifies that it's a direct pecuniary loss like it where the crime itself as a dishonest act that Dembele's lament or can you know concealment of of you know that the theft and and that sort of thing. Thank you and that is reviewed reason now I'm sorry that I didn't help use center but projection to the questions from the committee. Seeing none. We're gonna Henderson had for sale just second here I'll take that motion of property I'm case centered is anyone in the audience speak for or against the bill. Seeing none we have a motion by Senator Irvin. Plus. She closed. The the most by Senator Irvin cigna Senator void all those in favor say aye I. Thank you for presenting a the bill for the center Murdock. The bill is passed. Six. I guess we're going now we're going to go to the Aaron Pilkington show for the next six or seven Bills. The third day. Representative Pilkington if you with the in addition several record then start with the I guess we're going to start with bill H. B. C. sixteen fifty six I thank you Sir I think I'll just if if allowed to yourself first I and I resented airfield in district forty five Johnson in Polk County If you'll give me a little leniency kind of talk about all the ones and then I'll just go by one by one for this of time that's what we did in the house and I think it may make things a lot easier. If you go to that yeah okay okay thank you we so essentially I've been working a group called right to start the pro entrepreneurship group center Penzo and a few other members we met with them before kind of finding ways to help encourage entrepreneurship here in the natural state one of the things you know like we already do a lot of good things that they can to make recommendations and there is another kind of more heavy lives as we got near the end of session really what we just want to do is do some information gathering to have these bills are asking for reports to be sent to the insurance commerce committee the other bills are shall encourage so they're not bills that require eighty C. to do anything we're just asking that they encourage shall encourage as opposed to shall so with the award of certain funds whether be workforce development funds economic development grants things like that it's kinda nudge but not not a definite they have to know there is one built that's I believe it is house bill sixteen sixty I don't plan on running that bill I think we've run out of time I needed amendment on it so I will not be presenting that bill today there's a draft initial on that it really should be under TS asked not ATC and obviously with time and everything I just I I don't want to the final that I think these are simple easy Bills alleges get him down to get out of here and so also the first one which is at sixteen fifty six your cart report concerning fund supporting programs for individual starting new business or business established within. The motion for committee consideration all the. All those in favor me consideration say aye. That helps those that. The motion to ask that. I have a motion and a second. All in favor say aye. We're going to match your bill. Right thank you thank you senator the so we have a. Like make sure we get this correct. To get. We'll take a two minute recess and. Yeah. Thank you will only run you can. Yes pre project want to check on that thank you senator so we have a motion the batch. H. B. sixteen fifty six H. B. sixteen fifty five H. B. sixteen fifty seven H. B. sixteen fifty eight and H. B. sixteen fifty nine. For approval. All of the motion we had a second by Senator Johnson. Do pass do pass on the batch. The center just second all those in favor say aye opposed same sign. Representive you have never pass that may be also fast. Thank you. Okay. Okay we'll get the one presenting Lee Johnson bills representative Johnson. Senator Irvin. In which when the president M. all our I thank well I think there's you're you're presenting some of. Lease bills right okay. H. B. twelve seventy two is the one I'm presenting that please introduce yourself a record okay started Senator Missy Irvin. Add to stir twenty four at H. B. twelve seventy two what this does is it If a healthcare insurer desires to rent or lease their provider network then those providers that are in the provider network would need to be at and notified and then as so it would require the insurer to provide the providers that are in network notice of their intent to lease or rent the network and then it also allows a provider an opportunity to opt out of participating in the proposed lease of the network upon the execution or renewal it allows the provider to terminate the lease that work with respect to an individual insurer or TBA if they have violated the contract without impacting the original contract it adds dental plans as plans that are not allowed to be lease without these following without following these requirements At the so so generally speaking you you've created a contract as a provider to be in network with an insurer and if that insurer decides to then at least they're not work to somebody else or rented or whatever you would just need to provide notification to that provider that's in now or to say this is what we're doing and who it is so that they know you know where they're going to be a part of they did not separately negotiate that contract to be with that new entities so it gives them the right to refer to at. To to opt out of participating in that New and not least network. I have a I have a question for you. I think I understand real simply it gives the patients if you will client a chance to approve opt out of a new situation if the original situation changes well the provider provided doesn't mean that I'm not exhausted so my provider I went in with X. they set lease it to Y. I have a chance to approve why is my new provider yes you can choose the state yeah okay that's fine I'll stay in the network or not but and then you also need to know who it is that they're leasing to talk about relevant information yeah it just so that you know you know okay. This is a different entity that we're going to have to deal with our work with as far as you know providing claims and all that stuff to thanks that that's just the simple part of the bill so that's not currently currently that can happen without yes. Yeah I didn't know that either yes I think the Denel dental association is is as been part of this bill Well. Senator said just close of this is only dental plants. Adult dental plans no I mean it it adds dental plans as to whether or not allowed to be lease without following requirements okay. At some any other questions the committee. Seeing none is anyone here to speak for or against the bill moved it to a different section. Cixi NO one what is the will of committee. I said to pass I have a second senator Murdock all in favor say aye hi same sign that your bill is passed thank you. Senator Boyd to present HB twelve seventy six. Thank you Mr chair this bill is please please Shepherd yes senator Justin Boyd district twenty seven thank you so this bill adds anti psychotic therapy to this to the stepped therapy program so in my view it it probably was an oversight that it wasn't included in the first first place anti psychotics you know you might have one and they might work five different way so to say this anti psychotic is really the same as that the anti psychotic is problematic from and in my opinion yes speaking as a pharmacist not as a legislator to try to substitute one for the other that's a decision that needs to be made by the The prescribing person based on specific characteristics of a patient so that's all this bill does as far as the single report it indicated no material impact nami in A. M. I. I think it's National Association mental illnesses support of this legislation. If there's opposition to it I don't know what it is so I guess we'll find out a minute somebody signed up to speak against it. Any questions for. Senator Johnson. Surfboard this means that stepped therapy which is where you get the cheaper weaker drugs then you get stronger when if you needed it cetera. At the step that that doesn't. The policy can't exclude that you have to allow the doctor the pharmacist to go to what they think is the appropriate up treatment stepped therapy not withstanding is that what it does that's typically that's what stepped therapy do this would exclude anti psychotics which sell to the doctor in this case the doctor the pharmacist yes they would make that decision and thank you sense of both there is one exception if it's a brand and generic it doesn't mean that you can't you know require the generic of it which is the same drug yes thank my professional opinion I believe your professional. Any other questions. Six of us that are you closing for if there's no by Speaker or again up. No one signed to speak for against the bill then I'm I'm closed and make a motion do pass motion to pass second by Senator Penzo if temp all those in favor say aye. Posing sign senate bill is passed. Okay we have a H. B. thirteen forty eight representative Johnson again Senator Irvin center Boyd. For. Okay what a Yoshi's moved that to the to the end today will give him a chance to respond to my Senator Irvin okay is anyone here for H. B. sixteen fifty two. As. I want us to You might you might will sit you moan senator Mark how to do that is a good job on the go. But. Thank you senator Penzo would please RT for several record. Yes. Clint Penzo district thirty one House Bill sixteen fifty two adds a political subdivision to to the bill here apologizes when slipped up on me. For the. And that's a sign Senator Penzo you have had too many bills that's the case the session but I have I have Yes. Yes and then it adds a and all of the bodies of politics to the definition of political subdivision so. Questions the committee. Johnson would that include a. Real estate commission or some entity such as that which is on governed by an independent board or or would it be limited to those that have elected officials like a quorum court the County Board of bodies of politic I would assume would be elected officials. Okay yes not do not have somebody could commissioners are not I well I know we all practices form law finalizes but is there a lawyer that can can touch that okay we have a former Attorney General over here that can L. probably eight. Who. I could just exactly this is now this is for any entity any other political subdivisions using the construction management form of of of of doing a construction that form of delivery so they just S. opens up to more entities besides just a public school if that body politic things my and so the the yes anybody's building something isn't that that that is the agency under state of Arkansas considered an agency can do. Senator him though these are some very good questions would you like us to put that toward the end so when we come back after lunch we can we can do that that the answer these questions I mean I don't make a motion to whatever you get okay. Well I mean if you have the time yes motion to pass a motion do pass have a second follows a favor say aye opposed same sign your bill is passenger. Thank you senator Murdock. Representantes okay. The. Senator Bryant. Is not going to run that bill almost takes this sentence so you gonna run another bill. Fifteen or five fifty three. It is with the. Okay. So we're gonna talk about a two minute recess then for Senate differ representative Johnson to get here. The. Your north star okay that's fine. I would say thank you for keeping the wheels on the bus but I think they're already off. Areas areas C. I met my cap the warm for years by the door. Both. Niki I couldn't. Looking for about to break a sweat goodness. Yes bank representative Johnson you may not be aware of it but we work pretty hard on the Senate side I guess may not do the same on the House I see we've been here for long hours the last few days and so you were saved by the dorsal this will be quick I said did you do the German ladies members the committee this in in twenty twenty one the federal government passed something called the no surprises Act this was a federal law to try to dispute in resolve issues between in networking out of network provider charges this bill was brought to me. In conjunction with the Arkansas insurance department to try to provide some framework for them to promulgate rules to Judy case use related to this federal law it went into effect in January. We play their dentures that for the record representative Lee Johnson District forty seven and so it's very senate bill that allows him to promulgate rules in the interim to try to educate issues that are coming out now they don't have authority to adjudicate because this law went into effect January one. And as I catch my breath I'll be happy to answer any questions. Any questions the committee agenda Johnson. Doctor Johnson thank you I'm. I have well I'm I'm live it's me I've had an issue with a a provider and you go through this thing here's my insurance card here's my Medicare card and and we go through the whole process I had a surgery actually two it's all over and I pay the copays I pay the bill and now suddenly I start getting bills and I get text and we'll send this to the collection agency is this addressing that type of thing where you know it like they got to kind of be up front with you and this is what you're going to go in this what the insurance bill yes this is certainly the no surprise Act federally is addressing that issue the way that act was written there's a default process for dispute resolution so if there's a dispute between a provider and a insurance company about what who does what for the bill right now that process to foster this federal procedure but each state is given the opportunity to come up with their own unique at procedures S. S. best seen by that status of this bill is designed is designed to allow our insurance department to address that issue to state level and not automatically default to the federal by rules by rule correct yes thank you Sir thank you Mr any other questions. Seeing no other questions anyone here to speak for against the bill. Say no one was will of committee. And do pass by Senator Johnson second by Senator Boyd any discussion. And void Senator Irvin are you gonna get this Calendared it doesn't have a Senate sponsor okay yes if you put me down I will run it on the floor. Calendars yes so what do we need to an amendment on the estimate we don't know you're not okay. Okay I mean you can do it but I think we just need to make sure somebody calendar is a somewhat counter because the center Johnson may hold this bill it does not have a Senate sponsor on it. Yes down the side. Because of the court when used in in this is on me I could I should have had a sponsor before it came down to this and that it did was one of those sort of last minute trying to get us together bills that you know it does are ya concurring amendments with how to add sponsors I don't know that I don't know that we aren't how's that for nice political answer. I like to do. Okay we're gonna we're gonna roll with the way it is a we have a motion and a second to do pass All the favor say aye. Those same sign representive your bill is past president does hard work thank you thank you so much. Mr. Yes. Proper time. We had a. I presented to a bill that they ran a companion house bill the other not in committee it was so on dental it was that benefits bill it for expediency's sake so we don't have to hear the Senate bill I just wanted to see if the committee would be willing to sign out house bill seventeen forty one it's identical to we've already passed it out we really don't have to do that but we will be coming in after we do the same I was informed while ago that we want to listen to the Senate bills on the floor. Thank you Committee break. For committees to run try to finish things up and so we will be coming back here because there's some bills coming to us that will be hearing from our house of house and Senate bills it would prevent us from hearing the that my Senate bill on the floor today which would speed this up and then it would keep us from hearing another house bill in committee if the committee feels like it would be willing to sign it out I'm good okay thank you yes Sir thank you. So I guess maybe we need to recess we need to adjourn how do we need to do that. No I'm comfortable referring to we're going to come back in Act after twelve o'clock whenever here's Senate floor. We'll be coming back to committee after that. Right yes so. We're gonna go on for twelve. Recess. That is the way yes we will hear the Senate bills is what I was told earlier that something's changed this joint budget will hear the Senate bills on the floor then we're going to take a recess Congo Committee then after committees go back to your other bills. Yes I know we are yes I know we have have to fill in when I'm pulling will have people here to speak for against collectibility. All we have control yes will. Say again will we be meeting. That's a question for Blake. Probably be good to go. The record. Fire code we can just wait outside. We're and so do we need to recess or adjourn. Recess we need to reset this is what we will be held in recess till. Three minutes after a we had recess in the Senate today. Yes here where germs are we're recess.