Insurance & Commerce- House

The table I believe we have a couple Senate bills electron. If you would go ahead introduce yourself for the record and proceed with that I believe SB ninety five yes Sir thank you Mr chair Joe we Kerr District thirty four of the first bill have proposed is Senate bill ninety five and that deals and both of these both of these bills are coming from the state board of embalmers funeral directors cemeteries and burial services and senator Wallace took care of them in the other chamber. Senate bill ninety five it. Amends the previous law allowing. The license holder of as a funeral director. Two double the price and purchase a two year license that what they're not having to do it annually only. And then it changes the wording from it It typically expires the it previously says December thirty first but because that may end on the weekend they change the expiration to say that it that would expire on the last day of the year. Thank you are entertaining questions thank you represent Kerr any questions by the committee. Okay saying none of the no one signed up as anyone in the. I do too I speak for or against this bill. Okay actually what we do have a question at this time represent brown recognized for a question. Thank you Mr president Carter no. What is the difference between December thirty first and the last day of the year well December thirty first may end at on that may end on a Saturday or Sunday and if they say well. It expired so they're trying to renew it that first day or two in January they say well I had until the thirty first that was my understanding and by just saying the last day of the year that would be the last Friday in December as that last business day. I think it is a business day but to make it perfectly clear but those are my thoughts thank you. Thank you have any other questions by the committee. Seeing none then there's no one signed up to speak for against a. Represent Perry you're recognized for motion. President represent Kerr I pause on the back of personal Kerr would you like to close for your bill yes Sir I'm ready to close and I appreciate a good vote thank you president Perry recognized for motion. I have a motion do pass by represent parents a proper motion any discussion on the motion. Seeing none all in favor motion do pass say aye. Any opposed say no regulations represent be a pastor bill thank you to Mister chair thank you Committee you're welcome you can proceed on SP ninety seven if you would like a yes Sir this one as well came from the state board of embalmers funeral directors cemetery Burch services what this is it's a a couple of amendments to the current law it's to regulate prepaid benefits and to enhance the administration there are three three sections of the current law that are being amended of the first one is in section two of the proposed language will add a thirty day time frame the in the event that the fuel Director of let's their license. Expire if it's suspended or if it's revoked it says that they have to turn in their documents within thirty days to the state board and that just allow that's a protection for the the the holders of those those policies the second thing it sets a time frame. And penalties just to make sure that they will follow suit on that the second section in section four that's amended it removes the requirement of quarterly reports instead it requires for those reports to be done annually and that. But just a under reduces the up the burden on the funeral director. And then the second part on section four that's amended is that it adds references and the reason to do that is that that's necessary language because about seventy five percent of those contracts are funded by an insurance policy or annuity instead of cash so that language will clear that up and then the third section which is section six. It clarifies the requirements when the consumer wants to transfer the contract to another funeral home in the event after the the death of the the decedent it also clarifies who has control over the prepaid contract it's it's specifies. That in the event that the person is deceased then it allows their. There are a the air or the appointed guardian of their finances to to be the one that's in control over that it also adds references to the final disposition act it's codified everywhere else in the code and this just helps to determine the next of kin. And then the last point on that part of the amendment is the language is just done so to clarify and to be consistent throughout the entire law. Thank you for the car in question by the committee. Okay saying that there's no one signed up but would anyone like to speak for against this bill. Represent Perry you're recognized for a question. Thank you Mr chairman representative Carter on the Whenever on the fine that's imposed in the. The the files have to be turned back over to the department if the they're not done that who would who would reach out and secure those files from understate the up the the board of directors state board of directors. State board of directors for the okay. In the board of directors is made up of. Mister chair could yes Sir Mr last year he can maybe clarify that. Absolutely Sir if you would come to the table introduce yourself and who you're with and then you can you can answer the question. Thank you Committee my name is Robert acres I am the director of the funeral services division in the prepaid funeral benefits division with the Arkansas insurance department we were a little further down on today's agenda that's the reason I wasn't the table to start this out but I can certainly answer those questions. The prepaid funeral benefits division which is represented under bill SB ninety seven is now it's not actually under the Arkansas state board of embalmers general directors cemeteries and burial services we report to the Arkansas insurance department. The deal the change to Arkansas code annotated twenty three forty one eleven which has to deal with securing the prepaid funeral benefits business files in contracts in the event of a license is revoked or suspended that falls into my territory so what I had to do is you're familiar in the case we dealt with back in two thousand fifteen so when a licensee lost control or walks there are license to operate it was my responsibility to go to the funeral home and take physical possession of those federal contracts and files and records and I acted as administrator of those until such time as a change of ownership was approved by the Department We've had one issue over the last two and a half years where a license was revoked back in October of two thousand and twenty and the licensee refused to relinquish control over the prepaid funeral benefits contracts and file so adding this language to twenty three forty one eleven. insurers that the former prepaid licensee will relinquish those files to the department for administration if it turns out at a later date that the licenses either reinstated or the suspension lapses then those files would be turned back over to the funeral home for administration at such time. Great thank you Mr Akers I appreciate what you do you just need more staff to be able to help you do that is that correct. From your mouth to god's ears yes. Thank you. Thank you at the parity further questions by the committee. Okay. Seeing none there's no one signed up within one in the audience like to speak for or against this bill. Saying no one person already like to close for your bill a yes Sir Mr chairman of thank you for up the time and thank you Committee and I appreciate a good vote okay original call has closed for his bill what are the wishes of the committee. We have a motion do pass by represent Ferguson Senate discussion on the motion do pass. Saying that all in favor motion to pass say aye opposed say no regulations represent be a pastor bill. Committee I do want to say before we move any further represent McGrew let me know this morning he's not intending to run H. B. fifteen seventy three and a lot of people the audience here for that so he's not going to run that what you're welcome to stay but that's my understanding and leave represent Johnson let me know I believe that twelve fifty nine is moving to the deferred list as I collected onsen okay so with we have some people who are here for that bill that is moved to deferred and then represent Johnson would you like to go you have members bill if you'd like to go in. Go to the. C. unix. Thank you Mr chairman representative Lee Johnson District forty seven. Which bill would you let me start with Mr. You can proceed if you I just it and number on the agenda in order sounds great so house bill twelve fifty two so currently The interest coverage will provide a prosthetic it It but not multiple prosthetics for people that have lower lower limb amputations the issue comes up to represent Johnson could you let's person having a man we have the midway of the men were passing out right now sponsor. Amended adding co sponsor of they had to take any questions on that amendment okay so what we're passing that out that amendment out now Represent Johnson has explained the Amendment. Resident John says do pass motion on the amendment close to the main all in favor of passing just the amendment say aye opposed say no. Thank you committee president Johnson and percent on a motion to monitor and on your bill with the amendment so this the in essence this bill is going to require insurance companies to cover more than one a prosthetic for people that have an EP Tatian specifically the two types of prosthetics were adding to coverage one would be what's called a wet prosthetic so many of these entities have a single prosthetic and when they're trying to get in and out of the shower in the bath having to get in and out one leg or one lands because they don't have a price that they can wear in the shower the process they have is is not geared to get wet and dry this is a low cost prosthetic as I understand it and would give them the opportunity to have this prosthetic that they could take you to the shower take out of that put on there every day you know going around the community prosthetic the other type of prosthetic we're asking for coverage for what what we're defining as an athletic or recreational prosthetic this is one as defined in the bill is one one of these prosthetics like you see where's the the blade sort of so if you're a young person who wants to participate in track and field or tennis or some sort of sport this would allow you to get coverage this this is a relatively small number of people in the state that would be able to take advantage of this but for the people that are needing it is an important thing right to add to the quality of life and you can see from the fiscal impact statement they consider the fiscal impact to be immaterial as it as it with respect to ease the I have worked with the insurance companies to try to come up with the a reasonable approach to this they do have some questions still about my definition of athletics and recreation I think the main thing there want me to address and I'm happy to do this with an amendment on the Senate side talking to them this morning as to consider striking the word recreation just clearly making an athletics I think I think that's reasonable that could open you up to some broader terms than my intentions were so my intention would be if we can get this out of committee today would be to In that instance take that word out on the Senate side but leave me leave my definition currently the same and I'll be happy to try to answer questions on this bill. Thank you action Johnson a question by the committee. Represent flowers you're recognized for a question. Just quickly I'm just wondering are these types of prosthetics. Typically or typically the night so so and if so why so at my understanding is that the answer could be yes yeah and and because I've been working with the orthodontics Community the people that make these or thought ex my initial bill just had the athletics prosthetic that was my last from legislation passed in other states to help young people that are trying to participate in sports get coverage of that particularly I know isn't is many times not covered in drafting the bill I was approached about this wet prosthetic idea because apparently in many cases it's not covered this would ensure that there actually now covered to have both a wet and dry prostate but that the insurance companies don't offer a reason why it is just something they typically deny that's that's my understanding I I I can't speak to details that that's mine thank you so much yes. Representative did you. Have a question. Just. On one of the pages it talks about I'm just trying to make sure this is. You're you're trying to get insurance to cover it does Medicare and Medicaid also covered on there and. C.. We have got a written if they would cover to the extent that they cover now correct so if you if you if you look at the first part of two already in statute your defines eligibility for Medicare Medicaid and then we're just adding to devices to that list to be covered what about the the data they cover these as well I'm not I'm not sure I'm not sure I mean I'm certain that cover at least a prosthetic but as far as what the federal government covers in the ads on India thank you. Any further questions about the committee. Okay saying none there's no one signed up but is there anyone knowledge would like to speak for against the bill. Saying no one questions Johnson was closed your bill some question the bill make a motion to pass. President Johnson made a motion do pass as amended in the discussion on the motion. Say none all in favor the motion do pass as amended say aye. In a post in a great place to pass the bill thank you represent Johnson I hate to ask this but could we accommodate represent Wardlaw very lately force is important man I know I know I know I'd rather get out of here Franklin. Wardlaw believe you here on H. B. eleven sixty yes Sir Jeff Wardlaw representatives District ninety four and I have with me director of EVD grant Wallace the one enters a great Wallace stricter B. B. D. we've been working on this bill it in you guys know it's been here since begin a session waves even on the deferred at one point there's some language issues in the beginning draft we work with the Department we worked as all parties included and I'm now happy to sit here and tell you that the bill is totally agreed upon what the bill actually does is insurers that the cafeteria plans and they involve the voluntary plans are kept separate from the B. D. there are some remarks made during the the study over the that two year period that they saw an Avenue for revenue here at the department and. I want everybody hear me hear an Avenue for revenue means a charge our employees more money on one side to make it up on another and that's just in excess of in a inexcusable this bill takes care of that and make sure they can never do that so it keeps the premiums as cheap as possible on this product and it sets up a bid process in the bill for a B. D. and the board to work through the employee benefits division and I think E. B. I.'s a name the company does it for the public school side to make sure that we keep it as cheap as possible for employees and we're not charging more to make money over on the health insurance side we need more money on health insurance side that's up to us to put that money in there not to take it off the backs of our employees so with that Mr I'd be happy to take any questions thank you SO Wardlaw any questions about the committee. What reservation recognized for a question so what are you saying this would not have any effect on those that. I didn't opt out of the United. This has nothing to do with the retirees at all this is current employees only. Thank you Hodges you're recognized for a question thank you Mr yeah could you just explain cafeteria plan to me. So when you look at a cafeteria plan that really can be as broad as a by the time the deferred or that does include the voluntary products and that's why you'll see that the voluntary products was excluded from that but that's going to include your dental your vision your cancer policies extended life accidental death those kind of things are all kind of covered in that definition of cafeteria plan there's a lot of plans in there I mean Affleck's included there's it's it's huge represent Hodges so the way to list it was just to put voluntary and cafeteria plans in the bill. right now for the state employees is handled under state employees association or see but I think is the the acronym for that and like I said the schools have their own it it's the I think the name of the company and Mar read the CBI. And we worked with all the stakeholders on this language they all had amendments and we've included all some error was a lot. Thank you as it is any further questions by the committee. Saying none there's no one signed up as and when they are in stock speak for or against this bill Mister chair I would just take the opportunity thank represent Wardlaw for working with us in me as the new director to get this language is perfect as we can get it and this director has no intention of playing a shell game when it comes to the insurance benefits of our state employees or public school employees. And I would also echo to the committee of Mr Wallace's been really really good to work with he has opened up a lot of sunshine over there and showed us how stuff works and I look forward to work with him in years to come. Wardlaw. Wardlaw D. let's close your bill I'll close researcher represent Wardlaw is close Russian Eubanks you're recognized. For the motion do pass by representative Eubanks any discussion on the motion saying none all in favor motion do pass say aye opposed say no graduation you've passed your bill thank you Mister Committee. Representative Johnson would you like to go back to the end of the table. And we'll take a moment Committee at an amendment is being passed out so take a moment to look at that and then. Per se. Thank you. Okay committee the amendment has been passed out representantes you're recognized to present the amendment. This man is just adding some cleanup languages negotiated the insurance industry and I'm happy to take any questions on the cleanup language there. Any questions just on the amendment on the amendment that was described represent Johnson. Saying none we have a motion represent Johnson motion do pass on the amendment yes ma'am all in favor motion do pass just on the amendment say aye opposed say no the minutes passing present your bill as amended thank you Mr chairman the members this this bill times of the time frame one Senate wants to the knowledge but may for privatization and it's in the appeal process with the independent review organization this puts a time frame on there for the independent review organization to come back with a adjudication the time frame in the bill I believe it's four days for non urgent a privatizations in this was again together said with the industry and it with the insurance industry and agreed to language I'm happy to answer any questions on this bill. Johnson any questions by the committee. Okay saying nuns anyone in the audience would like to speak for against this bill. C. no one other Senator Johnson would you like to close for your bill some question about make a motion to pass. Representative John Smith a motion do pass as amended all in favor say aye. Say no regulation to pastor bill. And you would like to proceed with twelve seventy six at this time yes I have an amendment adding a co sponsor yes that amendment adding a co sponsored being circulated right now that appears that's all amendment does if you'd like to. Make a motion that we adopt the amendment we have a motion just to adopt the amendment all in favor say aye. The posts and no person Johnson you can proceed with the bill as amended members I think most of us are familiar at this point with the concept of stepped therapy this is the concept of requiring failure of a particular drug before moving to the next dragon a lot of treatment while I understand the reason behind that there times where that is a hindrance to kid there times where provider clearly knows the right drug for its patient is step two or step three and making the patient fail at step one and two to get the three doesn't always make a clinical sense we've we've addressed stepped therapy in past sessions with different types of medications this bill is designed specifically to address stepped therapy with anti psychotic prescriptions that are used for folks with mental health issues I don't know of any opposition to this bill and be happy to answer any questions. The question by the committee. Singman twenty one in the audited like to speak for against this bill. I do think we have some here speak for the bill okay Sir if you would like please come to the table introduce yourself and who you're with and proceed with your testimony please. One M. doctor buster wacky with the national out for mental illness non the Arkansas in a report for the bill that I have the one of our urgent business day has reached out and asked me to present his story I'm just going to briefly share his story his name is Richard he was diagnosed with schizophrenia at the age of fifteen he spent five years struggling on and off with hospitalizations and incarcerations during this time. He became quite well acquainted with law enforcement authorities on numerous refractions and two in two thousand seven it was a a judge been Mountain View that system to five years of hospitalization residential programs after you got out twenty seventeen he spent ten years with no hospitalizations incarcerations because of the medications and treatment received in twenty seventeen his medications need to be adjusted adjusted as is common with long term efficiency of these drugs Arkansas Medicaid determined that he needed to fail first for the less expensive and I psychotics despite previous experiences with billing these prior drugs in a not show ten years of success with now personal by having to start over again experienced the terrible side effects medications that did not work and continuous ground is excess you have fought so hard to achieve. it's heart wrenching due to his two sisters of it was heart wrenching to witness its decline as he failed over and over again on these medications he ended up repeal the House hospitalizations and incarcerations he ended up in a jail in southern Arkansas and his family was unable to find him after finding missing persons report with Arkansas state state police were able to find him in that jail he's been forty five days in jail with no treatment and no medications basically it it took it took about six years to get this gentleman turned around because of the medications that they needed to do the steps that the steps therapy with I just wanna remind you guys that one in five Arkansas for mental illness so whether we're one of the five or when the for that deal with the and take care of those people mental health doesn't know a political party it so please support this bill. Thanks Sir. Okay Ferguson recognized for a question. Yes I was reading the bill is Medicaid included in that particular section minutes referenced a I want to say that Medicaid maybe only has something to address this particular issue was stepped therapy already intimate is not that I would have to I would have to defer to someone else to get a clear answer that question have to get back to you on that yeah I mean I was just list this testimony under Dave Medicaid would be covered thank you. Thank you in person. Any other questions by the committee. Anyone else would like to speak for or against this bill. Similar sent Johnson to close for your bill I'll close make a motion to pass as amended the motion to pass as amended on the bill with a discussion on the motion. Saying that all in favor say aye. There's no regulation a pastor bill. Your committee would you like me to go Mr Mr chairman by take me up in the queue next time I come from happy to do that one will allow represent Graham wants to go thank you. Once if you would just introduce yourself and. He can proceed with SP three twenty one I believe yes Sir. Thank you committee for your time today. I'm inviting miles Morgan from the department of labor and licensing. To answer questions thank you Mr chair Committee miles Morgan associate counsel department labor licensing. Three twenty one has two sections the first and this is just a cleanup bill the first section rewrites the definition collection agency for clarity and to go for the Arkansas Code style but it's not change the current meaning section to remove the requirements during the appointment process for the governor to consult credit associations there are no longer active in the state but all of the substantive qualifications for the board members percent remain same and it also the state board collections agency has not administered licensing exams in decades and therefore reference to grading examinations and seventeen twenty four two oh one B. is eliminated. I'll take any questions. Thank you are so many questions by the committee. President rose recognized for a question proper motion at the time. Any. Session rather committee. Okay seeing none is anyone and not as I speak for against this bill. Saying no one lives in grand ledge would you like to close for your bill and closed thank you Committee thank you Sir revenue rose you're recognized for motion. Question do pass motion if passed over the road all in favor say aye. A post say no regulations in the passed your bill thank you for your time. Brown. You you're recognized for you go to the end of the table. Webstagram as I don't want what bill are you running. The report. Thank you. You can go and proceed with S. B. three forty eight. House. Use I'm not accusing to fight with the. Colleague's SB three forty eight this is a hell concert at a cleanup bill the issue has arisen is Congress in twenty twenty two passed public law hundred seventeen dash one oh three is about eleven hundred page omnibus bill but one section the bill change the some rules when it comes to Medicaid reimbursement from third party liability TPL Henty bills a fancy word for another insurance coverage or carrier that is responsible for the coverage as well under current rules Medicaid is the payer of last resort in other words if you have a claimant or some other insurance available you have to go exhaust that insurance the Medicaid picks up whatever's left you know the service to the taxpayer Congress may two small changes to those rules the first change Congress made was his that what are issued as a reason is these third parties carriers are on the hook for third party liability carriers sometimes I played a game of well we don't have to cover this because even though Medicaid authorized procedure you get pre approval from us so therefore we're not coverage this the Congress got rid that rule the second change they made is they put in a time deadline of sixty days for the third party liability carriers to address claims are made ask any questions anything of that nature this bill simply implementing those two changes we are required to by Congress and assembly implementing those in our state low level and we glad to answer any questions. Thank you absent any questions by the committee. Seeing none as anyone the audited like to speak for or against this bill. Say no one's acting brownie like to close for your bill thank you for your time appreciate a good resume brown's close for his bill representative rose you're recognized for motion motion to pass. Motion to pass by represent road all in favor say aye. Say no graduation you've passed your bill. Repairs were back to Mister John representative Johnson. I don't have an amendment on this one or not. I do not. Twelve are you a starry at twelve seventy three yes Sir. No amendment at this no no amendment to you may proceed with job centre okay members that some time ago we passed a bill requiring insurance cards to have been identified to edification on this to what type of insurance a person has this bill simply adding two more tops the can be placed on that identification card again negotiated bill be happy to try to answer any questions on that. The flowers recognized for a question thank you so much. Johnson does this bill require people conference is a great question you know I think some interest comes of going to issuing an electronic card in lieu of a paper card I know some people prefer to have a paper card because it is something you can carry in your wallet on your person if you're injured somebody can actually find it on his bus and locking your phone I think that's something worth considering this bill does not address that issue as it's written but I'd be happy to consider amending it on the Senate and to try to address that specific issue if there's an appetite for requiring a paper card happy to discuss that would be awesome and and I would add not only an emergency circumstances but also many seniors sure just are not adept at smartphone many medium seniors like myself have. So we just force my dad out of a flip phone so its good okay how bout I'll look into that as we're going through the process. Any other questions about the committee. Okay saying none no one signed up was there anyone in the other two like to speak for or against this bill. Similar to Johnson you like to close for your bill close for the bill I make a motion to pass. Person just as close for his bills amended motion do pass all in favor say aye. Ippo se NO regulations you've passed your bill. I guess the next was sixty two of seventy five is that correct yes Mr. The absentee formulas. Seventy four on the active agenda. I'll do whatever I want to let me do here Committee violence and for. For. To see if we already did with seventy four four yeah so twelve seventy five AS left okay. Too many. Just get started representation I got a few down under federal the letter it remembers I appreciate the patience today with these bills I do want to commend I've said this before you know it's it's difficult when two groups on different sides of an issue right in one of the things we do well down here sometimes not so well as work with competing interests and all of the bills that I'm presenting today we've tried to work with the insurance industry on to try to come to green it's this bill as it stands right now I think still from the insurance people standpoint and needs some work they may still have some concerns I think it's a good bill and I'd like to present it today if they want to come to the table and is it about it I want to be appeal full transparency if I'm telling of Bills the goshi it is to go she added I want to make sure if I have one that I don't think is completely negotiated to stand I want to be aware that too so because of this bill I think it's fairly straightforward the idea is is when you submit information to the insurance companies health care provider sometimes they come back in need more information to process the claim to adjudicate the prior authorization often times they will ask for that in written form if you're a hospital or clinic that has electronic medical record and and you would like to allow the insurance company to access the medical record so that they can pull whatever information they need electronically without requiring you to do a paper transmission this bill is just saying that it's saying look if you if you as a healthcare provider entity what to allow the insurance code you can import information electronically to reduce this laborious process of continuing to print paper and then another request comes in a we need this is well I'm a hearing back in print this this just empowering the people that are the health care providers to provide provide that permission it doesn't require any healthcare provider to allow an insurer committed access to medical records but if they want to do. That process it says the insurance company has to follow and abide by that again This Is reducing some of the bureaucracy around some of these process sees because oftentimes nothing's very innocent on the Punisher's company as well as the healthcare provider you know some piece of paper some piece of document gets messed so this just facilitates that when there when when the insurance companies are when that when that healthcare providers or agreeable to allowing the insurance companies have that access to their electronic medical records now we have to try to answer questions on that. The by the committee. Okay seeing none is there anyone in the audience who would like to speak for or against this bill. Mister Smith if you will come to the table introduce yourself and we can proceed with your testimony. Thank you Mr chair committee my name is Derek Smith I'm with the Mitchell Williams Selig gates and what your law firm here in Little Rock Arkansas where a practice manager and regulatory law but I just want to clarify the I. the issue that the representative Johnson identified really comes round to operationalize in some of the record some of the issues that might come across with having access to medical records as opposed to receiving records in paper a lot of the process sees that representative Johnson mentioned our staff was by law and so we're just trying to make sure that we can work through how you comply with those processes when you get records in a way that's different than you're accustomed to receiving them with that said not speak against the bill just want to identify the things that we're confident we're going to work through just like we work through the issues on all the other bills. I apologize for that Questioned by the committee representatives. Yeah I'm not really sure how much information an insurance company has on someone's. I guess private health records I mean is this going to allow an insurance company to just start digging through randomly someone's private health information and the all the hip laws would still apply so that the hip applicability is still there for whatever healthcare provider is providing the information ultimate responsibility for HIPAA compliance which is your portable portable portable information back to to control that private information that burden would still be on the healthcare provider. Okay so just asking for a digital record versus a paper record on the same content correct in in there's nothing that we would be sharing with the insurance company the I don't I don't understand what you're asking I don't think there's anything that would be excessive bowl on the healthcare provider side to the insurance company that they wouldn't already have they couldn't yet thank you. Thank you our surveys any other questions by the committee. Saying that is there anyone else in the audience would like to speak for against this bill. Okay saying no one lesson Johnson got to close for your bill question bill make a motion to pass president Johnson's close for his bills meant a motion do pass do we have any discussion on the motion. Okay saying none all in favor motion do pass say aye. Hippos NO. Graduations you've passed your bill. The representative Pilkington if you'd like to go to the end of the table. I believe this is House Bill fourteen seventy seven. And there is an amendment. Yes Sir and a committee today this amendment which we just got last night and so I want to gross in my bill but then I want to come back next week to run the actual bill up and asked within the stakeholders as a fact just give them time to review it and I I think that that's only fair and so I'm just going to get the amendment engrossed today if that's okay with the committee and I think it is yes Sir okay thank you he per se just put it on your amendment at this time yes Sir since two I'm doing is on page two I'm deleting lines eight through thirty one and then instead I'm adding this language that beginning on and after July first two thousand twenty three of the Arkansas Public Service Commission shall not access or charge any storm recovery costs or charges under this subchapter against data centers if the data center has a dedicated substation our own to substation to my conversations with stakeholders about helping kind of creative environment to attract data centers to come be built here in Arkansas one of things we saw was this this charge and when so what recently was to basically say that utility companies can charge and they said listen it's not up to us this is a ruling comes after the public service commission and so if you want to change in your your issues with them not us like that okay well just come through that so so that's what the amendment does and so like so what I've been on the bill today just want to get a minute so we have time to work on and then come back and and president as a whole but that I'm close to my amendment. Thank you at the pole content represent Eads Jett would correct answer questions on the amendment thank you. reading. The amendment I'm not exactly sure what it changes but. Why would a data center not participate in the storm recovery costs like every other business that uses electricity. So these are for new data centers that are being built so currently they're getting charged for this fee for an event that they were not a part of and occurred when they weren't a part of the system to begin with so so currently I think it's like a six percent charge that they're getting charged let's say that another weather event occurs they want to pass it again though it's been other charge on top of that and they just said that's cost prohibitive for them. What about and say manufacturing company that moved in from out of state. Moved in and requires a lot of electricity they would be participating in the storm recovery costs and charges I'm I mean why are we singling out of data center well the reason why a single in a data center is the amount of power they actually use and so which grant a large manufacturing to Aussies that I think that's the case we brought in a different bill I've got this bill in two other bills which are on the road and Tax Committee related to data centers I'm just trying to create a package to help increase are competitiveness with surrounding states like Oklahoma Texas which currently have some of these large super data centers being built and that's why and I know I can only speak on the amendment but it given the latitude that's why we're saying these are data centers of over ten million dollars to produce over fifty jobs that pay over a hundred percent or a hundred fifty percent of average wage I mean there's kind of a near framework one is high paid tech jobs and and so that's what we're kind of tailored to this week you know we just went through something similar this and I apologize for not talking the offline just now set here today but it's it's okay it's the renew this session the fact that when we went through such a similar thing as you recall with solar and the the utilities and cost shipping does this not sort of also shift the cost to the other consumers who are using a large number or a large amount of electricity or even not a large amount of electricity if they're not participating. The rest of the participants manufacturing companies and so forth are are the ones paying into it so potentially you know with this enormous amount of electricity they're going to use. You know other manufacturers or other users of electricity or subsidizing the storm recovery costs and these that is Senator not participating I'm just trying to understand yes so I guess my are going to be is that storm recovery was to get those businesses and back online that work currently in existence other pain for essentially the storm that affected them to get back online to be recovered and then this is just a new entity that's coming into place and like I said of another storm Whitaker and we have to do another storm recovery issue then they would they would have to pay that but it's just the one they weren't here for the storm and the recovery process and reap no benefit from the Mayo spent to get everyone back online so we're just trying not to get them to have that additional charge on and to make us more competitive but this is an amendment what I read the bill today and so I just asked the. To let me amend my bill so that I can run it next week and like I said I'm gonna have these meetings with the stakeholders that's why wait a week so I'm not trying any funny business even though no joke around a lot in this committee I I'm not trying anything. Thank you Pilkington any further questions by the committee. Okay saying none what it was the ways on the Committee rose you're recognized motion to pass for the motion do pass on the amendment all in favor motion do pass on the amendment say aye. Ippo se NO. Congratulate you have passed the amendment. They would important. Members that is all we have there's no one else who is wanted to write a bill today so we ordered.