Public Health, Welfare and Labor Committee- House

We'll pass over the amendment to house bill thirteen certain sixty represented in it he prepared to present your bill this is house bill fifteen forty three you come to the table and state your name and district in. Whoever you got with you thank you senator some cells and then you're recognized to present your bill. Good morning public health committee my name is representative Denise Ennett I represent District eighty parts of downtown little rock and Pulaski County. My name is Amanda Gibson I'm the managing attorney at Arkansas insurance department I'm also if the attorney for the board of embalmers funeral director cemeteries and burial services. Last summer my constituent ms Yancey called me to let me know that a cemetery enhancing Arkansas which is in my district the name of the cemeteries rest in peace she called to let me know that there was a hearing last July about how bad the owner of the cemetery kept the cemetery the help she sorry she was she let me know that the cemetery owner has not kept up there in the barking lick the upkeep of the cemetery when I was at the hearing I heard countless number of testimony saying that I can't buy my love one or the tombstones have been sunk and cracked in this some cases some of the bodies have been may have been buried in the wrong plot. So at the hearing these testimonies I spoke with ms Yancey she said we gotta do something and so House Bill fifteen. Forty three is to is to set fines for perpetual cemetery owners who do not properly maintain their property. Members do you have any questions yes. I just had one question for you Mr who is the fine go to. it goes to the. It goes to the state board of a bombers funeral directors cemeteries and burial services. President Ferguson you're recognized for a question. What happens if a perpetual cemetery owner goes out of business is there a fund to cover those costs of upkeep. We at that has not happened in the history of you know sense and perpetual care cemeteries have been you know licensed for many many decades and that would be you know. It would be new territory for for this board so there's there's no reserve fund or math it people contribute to for as a insurance sort of for that that's correct and the cemeteries are required by statute to maintain a trust fund for the care and maintenance of the of the cemetery and what is unique about these cemeteries who are a license to an operator perpetual care cemetery is that they when a consumer buys the burial plot the the cemetery is making a promise to that consumer to maintain his or her part in the cemetery for perpetuity the lawyers in the room I'm sure we'll look back on when they learned about the rule against perpetuities and law school but there is actually a statute and at the cemetery statute that says that no rule against perpetuities shall apply to the cemeteries okay thank you. Ladyman you're recognized thank you Mr chairman I mean the you know it is this a problem in a number of cemeteries or is it just a few do you have any idea like around the state is or are there a lot of cemeteries in this condition there are several cemeteries that are in this condition and this also is a problem that is happening nationwide this is not just in the in Arkansas. Any other questions. Seen and we do have someone Senate speak for the bill. CNC. You're recognized can table just state your name for the committee and I welcome to. Have testimony soon as you've stated your name. My name is Cheryl gainsaying. You're recognized as you. I contact ms the representative miss any. When nice start going to the cemetery and start seeing how the upkeep was been cap and I reached out to the owners. And no response so I did contact the The board. For Arkansas so we could try to get some something on the records because when I started the campaign. I realized this was a bigger issue than I could even imagine. I was getting calls from everywhere. And I just want something done so nobody else will have to go through what we have Winthrop. We add I always go to the cemetery and there is not nothing has been done at all I mean the owners not take an act concerns would do a complaint forms we have done everything we needed to do and still we need some extra help because nothing is being done we appreciate you testament procedure bring the star tension working the representative members are there any other questions represented in. Are you presenting you close your bill. And I just say something real quick here When we lose our loved ones and when we think about the burial process we pay. Places like rest in peace to have our level ends there and the thought of you going there in see in that the place is not kept up rate you see the grass growing over the two stones in some cases the two thousand I've been placed on the grave sites this checkers everywhere anthills everywhere on this particular Cemetery has been mentioned on three different local news stations is so bad so I do ask this committee for a favorable unfavorable vote to help correct some of this wrongdoing thank you. Reserve It is closed the bill was will of the committee I have a motion to pass any discussion on the motion all those in favor say aye. Opposed C. nine congradulations representatives pastor bill. See I think except resume column are you ready to present Senate bill ninety. We. Do we have amendments shall. So what what we'll pass over Senate bill ninety Reserve Stommel are you ready to present Senate bill I think this is Senate bill three twenty two. Thank you Mr chairman the record yes Sir. May I have feels Jacobson come up to the table with me please absolutely you satisfy yourself for the committee when you come up. I'm Phyllis Jacobson director of the board a barber examiners. and I'm Dan Parker on the chief legal counsel for the department of labor and licensing the Board barber examiners is one of our sixteen different boards and commissions that do occupational licensing in the state okay. Representive you're recognized to present your bill thank you only fitting that die in the person's going present this bill because in eighteen ninety four the sanitary in Randolph County is the oldest continuous barbershop in operation Arkansas so it was meant to be. this bill has a few amendments existing statutes designed to improve the administration of our laws and assist the operation of barber schools and colleges so it will remove some the geographical hindrances of appointments of board members and relaxed requirements to help recruit TM eyes so that is a new word for me or new acronym teacher manager instructor instructors eliminate also the minimum education requirement before Barker state may practice barbering under the supervision of a licensed instructor and also adding the board's executive director to the people authorized for inspections. So with that I will take any questions. Members of any questions. Representative was recognized for a question. Color me pretty ignorant when it comes to the the whole barber examiners board I was just curious does this in any way shape or form impose anything that would make maintaining your license or be getting a license or. Graduating from one of these barber colleges anymore difficult or is this just more efficiency yeah I believe the efficiency is the manner here that we're trying to get up past okay that's perfect thank you. Any other questions from committee. C. nine I see no one's up give see no one signed up to speak for against her two older chip motion to pass a motion to passing discussion on the motion. Discussion on the motion seeing none all those in favor say aye. Opposed. Congratulations you pass your bill thank you Mr thank you Committee represent Burch you here. ASA command are you prepared to present House Bill fifteen seventy five. Thank you. You're recognized thank you for Beckham Berks District eleven I am presenting to you house bill fifteen sixty five which relates to the work search activity required for somebody who is receiving unemployment benefits so currently in the law if you have lost your jobs through no fault of your own one of the things you need to do to maintain your unemployment benefits is to work search activities per week that would be submitting a resume going for an interview attending a job fair some of those things that are enumerated in the statute this bill simply moved that to five work search activities work search contacts per week And does not necessarily have to be one per day just five in a week. Members are there any questions represented barks. See ninety new incentive speak for against the bill. C. nine. Motion to pass any discussion on the motion saying that all those in favor say aye. Those guys. Is have it. Twenty two is for local. Representive Waldridge. Representable ordered to vote yes the president of Richardson. Representative Richard St. Representative Graham like representative Graham let. Representative rose yes representive road votes yes representative more. Representative more votes yes representative Schultz. Representative Schultz votes yes representative Perry. Representative Perry. Representative Pilkington. Representative Pilkington votes yes representative Alan. Representative Alan. Representative Kenneth Ferguson. Representative Kenneth Ferguson. Representive Gonzales. Representative Gonzales votes yes representative Bentley. Representative Bentley. Representive Ladyman. Representative Ladyman votes yes representative Deborah Ferguson. Representative Deborah Ferguson votes No representative Womack. Representive Womack votes yes representative McGee. Representative again votes now representative Eubanks. Representative Eubanks votes yes representive Wardlaw. Representative Wardlaw. Representive Wardlaw votes yes representative Miller. Representative Miller. Congratulations you passed your bill thank you Mr chairman. Members are gonna pass over fifteen seventy eight representative wouldn't have intended around that today but he's gotten traffic and takes me these I will be here Representive warns also asked we pass over his bills or Z. Ballinger you here and ready to present your bill. Welcome to come to the table present house bill fifteen eighty three. Thank you Mr chairman Sir. Representative Steve Unger District nineteen parts of spring Dale Johnson and parts of federal Arkansas. House Bill fifteen eighty three. Is requesting to exempt facilities that provide continuing care including without limitation a continuing care retirement community our life care facility from the quality assurance fee for nursing facilities and for other purposes the background of this is. Within my district is Butterfield trail village. It is what is called a wife care facility or a covenant of care facility means the same thing and basically you have to apply for admission. Once you're accepted you are coveted in with that community and you cannot outlive your money basically if if you do that with your money or you are you know swindle by your children or something they're not going to kick you out. So currently. Well in part of being a coven of care facility they don't accept Medicaid patients. They have four hundred residents forty eight forty five of these the most of the residents live in a pretty nice neighborhood actually that would blend in anywhere in any suburban community roughly forty five of the residents are actually in a nursing home. They are assessed what they call the bed tax or what the federal government calls quality assurance the at the rate of sixteen dollars and eighty cents a night adds up to six thousand one hundred sixty one dollars and twenty cents per year. They don't get any benefit from this. And so basically the this is a taxation without representation scheme. Where the widow's mite is passed hand by hand of the worst in DC to be distributed but not to them. And so. Me being here today and presenting this bill is what I feel like an opening salvo. Of and ask that I do not consider to be under reasonable. It seems like Medicaid and DHS have become dependent on this funding stream. And I would make the case that it should have never been exempted she the never been existed never existed. And so It's just going to open for questions. You have any questions represent longer president will that you're recognized for a question thank you Mr chair representative how many facilities would fall under this category like the one in your district around the state you have any idea okay number we're talking about a toll for. With any other questions. See a lot of people in there My expressing no one looking at me to represent protein you're recognized thank you I think your representative occur for bring this bill as soon just sure so you're asking to essentially repeal a fee that is mandated by the federal government are we as a state doing it. Is repealing a feat mandated by the federal government. The. Sep. And so DHS is taking the position that this can't be done it's just too hard but in fact. Arizona California Colorado. Connecticut Maryland Michigan Nebraska and Washington and those are just the ones I know about have somehow managed to do it so it seems to be doable of Arkansas has asked the question. But from the record I have been provided the last time that Arkansas actually asked the federal government to help them with this the dates back to two thousand ten is that's thirteen years and I just like to see this chart the battlements again. To try to get this unfair tax repeals. Follow up. You're recognized for pop so just some understands correctly this fee that is collected is not going anywhere just it's going to the feds not going to the Arkansas state budget and all others yes yes yes the fiscal impact yes there will be a physical impact because it is going to other nursing homes okay. Representive what are represent shows you had your hand up first re read do you have a question I think you know what the fiscal impact was. I believe Mr white is here he could probably answer that better than I can. Mr why you you signed up to speak against a bill if you like to come to the table your welcome Committee. Consider the show for the record for the. Thank Mister Clark what department of Human Services dance the question the fiscal impact is as follows. So there we based our announces the builder three facilities that would be exempted from the fee if this were approved. The revenue collected from those three facilities is a total of one million five hundred forty six thousand six or ten dollars up from all the other facilities in the state we collect it's by eighty three point eight million dollars in addition to that. Sure eighty three point eight million is what we collect from the remaining nursing facilities in the state. And then that money is then used to draw down federal funding which is used for our skilled nursing facilities and the total amount of federal funding drawn down by that is three hundred point nine nine million. Records it will you're recognized for a question. Sobol that spaghetti down you're telling us that the impact is three hundred point nine nine million correct. Yes Sir if CMS does not approve this and we're highly confident they would not approve it and we kept that exemption in place CMS would disallow federal match for those monies and that would be a loss of the three hundred point nine nine million so if this is Mr if this bill passed how would we feel that gap over it Medicaid today. The only feel that would be to find a nother revenue source for that eighty five million in state share so the worst the eighty five million we collect from quality assurance fee now we can't find a different eighty five million for S. G. R. or some other source in order to draw those funds down thank you. It was any other questions represent bunker for you're recognized for the rest. Should this continue the the Quality assurance fee. How does that impact that particular nursing home or how does that impact those particular residence if nothing changes what's going to happen in that situation. Will these elderly people will continue to pay this tax from which they see no benefit. you know and I would make the case. That the state has become dependent on a funding stream that they should never become dependent on and I wish this could have been done right the first time. But here we are now frankly I would be willing to make amendments to this if it would lead to some conclusion that would allow these elderly people to keep more of their own money. President will that you're recognized thank you Mr us one to follow up on representative rose question so he spoke to the impact of of the the few in those facilities have how would this impact the rest of the people in nursing facilities in the state if it did pass and that may be better directed to Mr what. Well certainly in the the primary impact would be on the funding because. Any time we charge a tax on a medical provider they're very strict federal rules that govern how that tax is applied and so we have to stay in compliance with that historically CMS has not been very friendly to those they've looked at them rather strictly that is they've only gotten more strict over the years since the last time that we went through this and also just of the committer stands this but there's a there's a broader question here and that this is been the fight over this quality assurance fee going back to when it was passed in two thousand one which is quality assurance fee applies to all skilled nursing facilities so even say aye aye these continue care facilities there nursing homes that do not accept Medicaid but they'd still have to pay in there are nursing home residents who are not in Medicaid their private pay but they're still fee charged on them and that's that's been the the speed an argument over this fee from the beginning but over the years legislature is made to the decision that it's better for the state as a whole to continue charging that fee to draw down those federal funds despair having to use state general revenue to cover that cost. Riz roast you have questions yes I just kind of was listening to both of your perspectives and I heard a representative on your committee to go reference being willing to discuss an amendment or some alterations or changes is that any type of conversation that you guys have had previous to now any input on the bill or any any any changes he could to make it more amicable between parties what we had discussed and I wish there was a change we can make as I asked I completely understand the frustration of these residents I get if I was in their shoes I'm sure I'll feel the same way but I think we are. We just don't see any flexibility with CMS we don't we don't see our route to get there to exempt these individuals without violating the federal requirements and losing that funding. Any other questions from committee. Seeing that results should question I Mr that have you'll ask for waiver before yes Sir we ask for everyone in two thousand eight was last time I was requested CMS to not at that point for snow Senator but at the time congressman John Bozeman he took because of an issue and lobbied CMS and push them to get them to either reverse course or identify some of the way to exit these facilities and they came back and we got two thousand ten later they came back and said no and I'll just note in the trump administration CMS actually tried to do a new rule around these taxes those even more strict more restrictive on who can be exempted that is not not passing but that's using an indication of where CMS is that on this question. Resembled it you're recognized for thank you Mr so I I just wanna make sure I'm clear on the question that I asked in I guess I'm trying to understand and digest this and I appreciate representative under trying to bring this for his district and help help the few that are that would benefit from this but my understanding is the masses would far outweigh the benefits so the the harm here potentially to the state and to those other residents in your opinion would outweigh the benefit to the select few. That's I think that's the policy judgment legislature is still historically made and based on the dollars I would have to agree with that thank you. There's within the questions. I see no one else signed up to speak for against the bill. Select committee. Your bill is felt for lack of a motion procedure committee presenting that today thank you representative will make you Mr thank you Committee. President makes which I can throw. You're recognized president Senate bill two ninety one. Thank you Mr colleges bills pretty simple is brought to me by our friends over at UAMS currently under Arkansas law individuals with a traumatic brain injury how are there's a list that's maintained by the brain injury alliance of Arkansas the Department of Health wants to take over that responsibility all parties are in agreement on that just to allow them to better serve their clientele santol does just just the ships the list from the alliance of Arkansas department of health that's it everybody's in agreement and with that I'll take and try to answer any questions otherwise I appreciate a good vote. Any questions from committee. C. nine no one Senate so yes you have a question president of are there any legislators on this list of head trauma not that I know of what I do question that sometimes. any other questions from committee saying that I see no one signed up to speak for against the bill the motion do pass schedule on the motion to none all those in favor say aye. Does congratulations there's the makes you pass your bill represent Baki. Are you hearing prepared present house bill thirteen eighty five. Thank you Mr chairman I have of six Mr watts join me at the table yeah absolutely thank you. The invite District eighty seven. I do have some then Mr terabits okay I'll hand you and maybe we can hand out to the committee members sure. You're recognized thank you Mr chair so today I'm presenting house bill thirteen eighty five it's a long acting reversal reversible contraceptive payment plan this is to increase access to immediate postpartum contraception forty two states Medicaid programs have implemented the payment implement improvements which carve out some portion of the lark. Senate right lark calls from the global The the financial impact of offering lark immediately postpartum both costing cost savings is a driver in the this carve out policy and. This would also help in not immediately I have been somebody. Immediately get pregnant again possibly and hopefully it would help with. I think I've if I remember correctly it maybe makes it were it's longer times before they would have another baby Act if it's what they would like to do is not forcible it's it's just offered to them that way the cost savings would be you know if if someone was born on Medicaid and they're on the system for eighteen years that cost begins to rise and this would help with those costs that continue to rise with somebody who might not want to have another baby as quickly as what they could if they weren't given this option and I'm doing a horrible job at it but I'll let Mr Clark help me out here. There is a lot more quite for review services I certainly finds talks about the cost just a little bit now I know there there are a number bills this session where folks are introducing this and on the thought those would snow you know there may be some cost attached to it will save Medicaid money and and there's several those were that important maybe possible this is the rare instance where I think I can tell you absolutely with certainty this will save Medicaid money and so let me just briefly tell you the dollar figures the call on the cost side what we project as a cost of three point six five million of that the state sure will be three hundred and sixty four thousand nine hundred so not a huge amount cost Medicaid program but to illustrate the savings which tell you this so just for the bill for a delivery I went back and I pulled that would cost on average for us to pay for a pregnancy delivery and that's just for the doctor's expenses about eleven hundred dollars and all of that we generally pay twenty percent of that cost a lark is going to cost us about a thousand dollars and we only pay ten percent and so you see right there for every pregnancy is aye that is prevented we merely start saving money there and then when you add in the additional cost of when you have preterm babies we have complications other things that run that cost up as we avoid those by helping these mothers avoid additional unplanned pregnancies that savings that occurs the state and so we from the governor's office the governor's office board with this and we're supportive of it. Members are there any questions president person you're recognized for. Thanks at a saying we're talking about placing IEDs yes my time of delivery yes ma'am to explain to me how that works with the global for a at that the physician get paid to an additional fee for placing a lark that's my memory Bentley turnaround in advance of yes yes yes yes okay and No that's all thank you. Members of the other questions president consolidated return as for questions. I have a question maybe not so much on on the bill in particular but the fiscal impact statement that we receive think like you do like you just presented like this this should very well be a cost saving to the state I think it's a great idea but this fiscal impact seems to fall in line with some others and I think or just completely worthless this is the third there's a ten million dollar fiscal impact to this can can you just and I think there's an updated and that is dated one yes but it still shows a big hit okay if I can find the right yes there was we sent out an error in a statement so we sent a corrected version out that has the correct numbers which is that three point six top five million I gave you earlier but I so we could we do cost impacts we can we can come up with a pretty good estimate of what is going to cost us on the cost side of the question for many these things trying to figure out what it may save that's much more of guess work and it's very difficult for us to give you a confident prediction of what the savings would be and so I will say that on any of these things were bring this fiscal impact statements to you absolutely clear that we we can project will think within the cost is the savings that sometimes we can project a lot of times which can give you an accurate prediction of the savings this with this one case where we look at the cover the cost of those two services side by side it's apparent that there's going to be savings over time. If I might ask questions to be clear on the fiscal impact the state general revenue portion you estimate to be three hundred and three hundred thousand riders five thousand just to be clear. There any other questions from committee. C. ninety one percent of speak for against the bill. C. nine representive are you closing your bill can't close you can okay so what this bill does is to ensure our Medicaid fully reimburses providers for providing long acting reversible contraceptives immediately after the birth and during postpartum this is about giving young mothers who would not normally not have access to good healthcare that I might could buy for myself they would not probably be able to afford it this is actually given them that option to be able to have this long term acting contraceptive that I'm close appreciate a good vote the motion to pass any discussion on the motion seeing none all those in favor say aye. Those sing that congratulations are thank you Mr chairman thank you Committee. Representative McCollum are you prepared to present Senate bill ninety your we have an amendment on that bill is that correct so you would present the member personal pass at the mint Amendment first members. Thank you Mr cherry out said the amendments getting past I only got in you can absolutely good present the amendment. The number of things on the amendment one is just change of sponsorships some. Cleanup language I'd say with the title the meat of the amendments on the second page of the amendment in terms of the title changes on individuals to licensure we thought that considering that there is a residency requirement within the bill we found the title is a little bit misleading to say this is for out of state individuals and when reality what we're referring to is out of state licensure and how to deal with folks that are licensed and out of state it's when they come in Arkansas but that meet on the second page that was kind of an agreed upon it was an agreed upon amendment with Senator Clarke Tucker on the Senate side and his thoughts were he he understands and he is cool with us and we hope you all are cool with the idea that if someone comes from another state to Arkansas thirty licensed in a similar type of scope of practice that they should be able to get to work here. But what we did not want to do and what we help this amendment fixes is making it even easier for that person out of the state to come and we want to make sure that they're having to go through the same proof of insurance financial statement or make sure that the applicant has furnished a bond so trying to get more consistent members in any questions on the amendment. See no question amendment to a motion. Motion up the amendment all those in favor say aye. Those sing then you're now recognized to present your bill as amended great thank you Mr chair thank you members of the committee for the time today the whole idea of this bill in front of you is to get people to work in Arkansas if they move here not create unnecessary burdens to what many would say a lot of work that they're already experienced in and so. You'll see there's number meant amendments that were made along the way but the the the example that we're talking about and probably. The meat of the bills on page two Line twenty nine. If I live in Tennessee my wife gets a job at the Walmart home office we want to move to Bentonville but I'm a plumber and I've been practicing and I'm a licensed plumber and we're trying to look at this question do we come to Arkansas are doing not what this says is if if I'm licensed in Tennessee I've had that license for over three years and I'm automatically going to get this license in this state now there's a number of things that will automatically happen when I get that license and that's. Described throughout the bill. One of the issues we have is that there are a number of Occupations that across many states some have licenses some domes so how do we deal with that you know let's say in the previous example that I gave is plumber in Tennessee and they don't license that occupation what we do with that what we're saying is if if you've been working. For at least three years in that occupation you're automatically going to go to the board and they're gonna review making sure that you don't have any type of questionable criminal background checks number also going to make sure that. You're gonna have to pass Arkansas specific requirements and where to put that burden on the licensing board define what that is. I also have a guest with me today his name's Trevor. Your permission cherry one is is in addition to the committee for the record you're welcome to present testimony yes my name is Trevor Carlson a visiting fellow with opportunity solutions project thank you for the opportunity to testify in support of SB ninety on behalf of OSP Arizona was the first state to pass universal license in recognition of the policy has helped grow its workforce increase the state's population and boost its economy just this month governor young concerning the bill to do the same in Virginia. Now it's Arkansas stern as being ninety is an opportunity to attract new residents and businesses to the state it would streamline the licensing process for professionals by recognizing out of state licenses and work experience. Under the bill licensing authorities would issue an in state license if a person has already earned it out of state license and held it for at least a year SB ninety would keep Arkansas competitive as twenty one states have already passed some form of universal licensing recognition. Nearby neighbors like Missouri and Mississippi have passed policies along with states and other parts of the country like Utah Idaho Pennsylvania and Ohio. Across the country more than one thousand occupations work choir licensed work but fewer than sixty occupations are licensed in every state this means that some workers may have real world experience in states. In this state that does not require a license well Arkansas does SB ninety accounts for this by allowing a person to obtain an Arkansas license based on out of state work experience so long as they have been practicing the profession for at least three years among others states like Mississippi and Ohio have also adopted a type of work recognition policy along licensee recognition. Currently is there in Idaho are advancing bills the strengthening their strength in their licensing laws with workers record birth with work recognition but under SB ninety Arkansas could get it right the first time around. Well the bill removes various work it doesn't remove all safeguards when it comes to licensing states use different terminology that's why SB ninety focuses on job duties covered by an out of state license. As opposed to mere labels in other words just because you have a plumbing license in Texas doesn't mean you have to be eligible to practice all types of plumbing in Arkansas Arkansas would review the out of state license to determine if it covers similar job duties to an in state license the same idea would apply to work recognition. At the same time all applicants would be required to clear background checks being good standing with regulatory boards past next necessary exams and have real life experience licensing maybe mid necessary but for experienced professionals it could be an expensive and time consuming hurdle Americans are fleeing highly regulated states and research confirms that workers are less likely to move to a new state when licensing stands in their way Arkansas to take this opportunity to hang its open for business sign by passing SB ninety to test the policy that can help grow the workforce and economy. You for your time. Thank you yeah I love the line about Arkansas being open for business I should say that the occupations that we're talking about today are only those mention title seventeen mostly professionals related to. Action is probably easier to describe it as what is exempted which is listed at the end of the bill so VOL healthcare is exempted in this bill as well as legal professions. Members of any questions relating you're recognized for hope sorry representative Allen actually ask before you I wrote him down already. I'll get back to you. Thank you Mr I just wanna make sure when you said a license in the state they must be licensed in another state in good standing. Yes AS correct. President Ladyman you're recognized the exception would be if that state doesn't actually have a license for whatever that occupation is. In that scenario it describes that that individual would have had to been in that field with good standing working in that field and it's up to the licensing board in Arkansas to decide how similar their line of work is. With this line of work that we do actually have a license for. Follows. So if the person is not a license in that state. They come to the state of Arkansas. The licensing board has the option either to give them license of the night and license based on qualifications yes Sir thank you yes Sir okay thank you for your Ladyman you're recognized. Thank you Mr chairman I have a question on page two line twenty there were talks about and has established a residence in the state. Can you can a explainable what does that mean I mean are you established residence. Legal residents I mean is there a time frame is there the reason I'm asking that when you when you have large projects like building of something large plant or something there are people that move in and out of the state a lot. So I mean would they have a residence if they they come here they live here for six months and then they go to another state on the president has that hasn't handled on this bill. Good question I don't have the definition of what a resident is in this state I would imagine it's a tax paying citizen the House staff to have a proof of address so I I'd I don't look at that as as a temporary resident. Follows you're recognized of. Why if if this is good for these trades why are we exempting certain people like medical legal. Individuals why would we exempts and require this for others or give it to others. I would imagine that within different states there are what I've heard from folks within the healthcare industry that there's a lot of Arkansas specific rules that. we don't want to slow down the process of getting these other folks to work when they moved Arkansas by we sort out what all those differences are but I don't wanna pretend to speak for those individuals within that trade. Thank you. President Richmond you're recognized for a question thank you Mr so my. As I read the bill there is the option still for the individual licensing mechanism that's already in place these boards to require Arkansas specific. Licensing processes whether that be a testing of some sort or review is that correct. Yes yes okay so that they would these licensing board still would have the. Means by which they could require individuals to be tested and certified and still go through that process so I guess my question comes going to have to be Arkansas specific. There have to be something with that line of work that's Arkansas specific for them to justify this type of examination so I'll go back to represent Ladyman question why are we excluding these three groups are these two groups specifically if if we're already requiring within the bill meet fourth it's Arkansas specific for us to. Testamenti one. My best sensors are partners on the Senate felt that it was necessary but I don't know if you had a background in those discussions so it is that as the bills written there exempts in other states they are also except with the exception of like I mentioned at the beginning my tester in Arizona they do not so separate record of the state to do that if I go back and think about some the senators that were originally working on this as well as higher higher injured colleague representive Underwood. The reason the languages in there it was mirrored after the The military equivalent of this I can't remember who ran that last session but we're nearing the language off of that and in that military language that said if there's an individual veteran or family member of that veteran in an already have that medical profession language as well as the legal professional English in their. The questions. I see no other questions we do a someone signed up to speak against the bill. Mr Oliver you hear. You're recognized comes at a table speaking is the bill. You just state your name for the committee John Oliver. So does my button there that you need to test to make hot if you could just station again into the month I'm sorry John Oliver. Interview with I'm with their tech corporation here in Little Rock we're a large commercial HVAC supplier and deal a lot with the large commercial contractors in the state of Arkansas been in business for forty years so what I wanted to say was sent thank you Mr chair on behalf on behalf of the plumbing heating cooling contractors association Arkansas my name is John all or the CEO of air tech corporation in Little Rock we've been in business since nineteen eighty one and we are large supplier of commercial large HVAC equipment to contractors and and Eskil professionals were concerned about the potential impact of SP ninety because of state should be judicious in how to ward's plumbing and mechanical licensing so Having said that as a member of PH CC plumbing heating cooling contractors of P. H. C. CA could not have a representative here today so I volunteered to come to all be and and discuss this bill and I'm going to read a short a statement here from PH CC you don't mind. it's a wise licensing important plumbing work is complex maintains safe possible water provides proper sanitation and must be completed by professional licensed plumber with demonstrated competencies. Plumbing codes are in place to which professional plumbers must adhere in order to safely and effectively install fixtures and other components of plumbing systems codes that plumbers spend years learning as part of their friendship and ongoing training preventing water heater explosions providing protection from thermal shock eliminating cross contamination of the water supply or a few examples of benefits that professional plumbers provide in states where licensing is regulated to municipalities farmers need to be licensed in each of the localities where they work increasing the cost for licensure and limiting the areas were plumbing business can operate a regulatory model such as this means plumbers will pay up to thousands of dollars in annual licensing and bonding fees for each jurisdiction in which they operate on licensed handy man performing plumbing work that is not up to code poses serious risks to public health and safety. What is P. H. C. C. PH C. C. PH C. C. stands for plumbing heating cooling contractors so what is P. H. C. C. C. solution PHCC understands licensing a call accomplishes two very important objectives that must not be overlooked by policymakers. Number one licensure verifies plumbers have demonstrated the capabilities to install repair and maintain complex residential and commercial plumbing systems that first and foremost insurers public health and safety number two licensure means a plumber commands the knowledge skills and abilities to perform a variety of work that ensures proper system function and long term performance of modern plumbing systems. AACC supports the licensing of professional plumbers after completing a registered apprentice program and passing appropriate licensing examinations PHCC further supports the permit and inspection process as a method to ensure compliance with the requisite codes and standards in order to facilitate this the state plumbing border oversight commission must have the funding and resources necessary to carry out this mission. PHCC believes the value of taking the time to master the comprehensive skill set required of a competent licensed professional workforce for. So. That that's their position and I guess I'm open for any questions and by the way I'm I even though I'm on a commercial HVAC company that sales to large commercial contractors I do have a nephew in hot springs Arkansas he and his son have a plumbing company and do residential plumbing. Representative and you're recognized for a question. Yeah thank you Mr Oliver coming here today I've got two questions one is the does your company have trouble finding skilled workers well let me let me qualify so no yes or no because I got to question the without a lot of time against thank you okay and then my other question is what in this bill exactly is your concern you spoke about licensure in general what exactly can you pinpoint the language in this bill you've got concerns with. Well PHCC issues with it is the qualifications of outside plumbers from out of state that will come in and and says as a point of order at you can only testify to your position if you're official if you're an official capacity with the PHC see you can testify to their opinion if ever you hear an official capacity with them yes I am I'm a I'm a member of the PACC because you're representing yourself as the representative the PACC yes Sir okay you may continue yes so there is there concern is is that is the policing of the qualifications and the farmers that will perform this work from out of state and then move back out and and and and be gone. Review road you're recognized. Yes Sir Mr Oliver thank you for testimony today you mentioned in your opening statement with regards to thousands of dollars in licensing fees that we're gonna be. Having to be paid for from different municipalities are in different counties wherever the the plumbers or electricians or somebody was going I I'm it's not your fault that I got a little lost in the weeds I was trying to write notes as I was hearing it but I was trying to kind of find the parallel in the bill that was causing that could you speak to that please. well I've I've got a look at the specific statement that you're referring to I'm fine away I'm sorry I'm fine to wait to find okay shall I read it again just reset that it would cause thousands in fees to be spent that that was a concern. I just wanted to know where that was coming from yeah Yeah I've I'm trying to look for the specific statement as to what that was well so more to the point my question was where in the bill was the concern that these thousands and in fees would be required I could I could tell you that. Okay so just to summarize it in in your statement you mentioned that this would cause thousands in fees to have to be paid by plumbers electricians or somebody in these fields but we don't have a. An example necessarily where that's actually being because is that correct but yeah so I'm sorry I was looking as you wish to speak up look at that some to sentence again and I'll read it I think this is what you're referring to a regulatory model such as this means plumbers will pay up to thousands of dollars in annual licensing and bonding fees for each jurisdiction in which they operate so where does this bill because that. I've got a I would have to look at the bill and see specifically in there and an address that I have to once again I'm here representing PHCC and could ask the bill sponsor to address that you can certain certainly may ask questions and then we have other questions that you ask questions bill sponsor representative McCollum to this point is that is that in the bill somewhere these new licenses will have to have a follow all the rules and you know current license is moving forward I don't think that'll be impacted they would have to fall off the what's present yeah okay thank you president Richardson you're recognized for a question thank you Mr so thank you so much for your testimony today appreciated I I just have a I'm curious you said that licensed plumbers to specifically plumbers have a lot of responsibilities in your testimony and and a lot of life safety kind of implications clean water or making sure service taking care of that fact I'm just curious what are the differences between the licensing requirements are should say the licensing outcomes as what you stated there the the clean water and such what what are other states requiring of their plumbers are there I'm assuming they're requiring clean water and the sewer be taken care of effectively as well is that correct I believe that's correct but I don't know what this another state specific laws are that I could refer a refresh refer to okay thank you so much. Members of any other questions president bill you're recognized for a question. Thank you Mr Allen for being here can you you reference in your comments there this bill's gone wild bunch of I'm licensed plumbers to work can you show where in this bill that's going to allow a licensed plumbers to because I don't see that anywhere in this bill that would allow an license plumbers to. To do work here. yeah I've I've I've I can't reference that in this bill I would have to look at it and have the the P. P. H. C. review it and give you a specific answer. One final question Terry as follows are the other tool that's different in Texas and then they are in Arkansas for you that they'll I'm sorry I could is that are the toilets different in Texas or Oklahoma than they are in Arkansas for you they'll work the same way not the ones I've used. Represent Gonzales you're recognized for a question. Thank you Mr chairman I read this bill twice in in the bill it says that when a person is licensed in the us in our state they come to the state of Arkansas with license so the state of Arkansas will be the grant them license I'm not grant them license but every person that coming here is coming into the state of Arkansas with a license limit on my from workers come here they all a license. Wouldn't you agree. Yeah when you agree. President Gonzales you're recognized for a question yeah so we've already been doing this for awhile now with the military families and have have we seen any problems with that and and by by your statements should we should we eliminate that go back to lift which was before. Search So you well I I've let me follow your question your question is you hello this is been allowed on military bases for military members and their families not not and not a military bases but across the state they they've been able to move that they had a plumbing license in another state they've been able to moved Arkansas take the exam. And. Operation be licensed here so yeah I could not I could not point to any issue that that has resolved or happened due to that so why do you believe will be an issue for someone who is not a military member to they take a different woman license course in another state or. I just fail to see how it's how it's going to be a problem for someone who's not a military member if we we've we've been doing this for military members and haven't had a problem yeah I think P. H. C. C. would be concerned about maybe what other some of the state requirements are that that would be coming here. Represent Richmond you have a question. Okay are there any other questions from committee members. Sing number do a someone else Senate speak for the bill Mr Warner you here you're recognized comes at a thank you for testimony Mister Oliver yeah. First time if you state your name and who you're with thank you thank you Mr chairman the court and with the opportunity Arkansas action I know a represent Miller is not here today but he told me to keep my comments short so in that in that vein I will try to be very if you so I wanted to submit to speak about this bill which I think is very important for the future of Arkansas as work force today nationally in this is in reference already nearly one in three occupations require a license in Arkansas according to the institute for justice more than seventy percent of low income occupations require a license significantly higher than the national average so that means if a worker wants to move to our great state. Put roots down which I think we would all agree would be a great thing we want Arkansas to grow there's a good chance they'll have to have an occupational license and they're going to have to figure out how to get it transferred to Arkansas and this is where things get pretty dicey because under the status quo many of them would have to essentially start over redo their education take exams pay fees even if they work safely in their industry for decades. How is this fair. And how can we expect to ever recruit highly skilled workers to our great state with these hurdles in place. Imaginea loan from Tennessee we can caller Laura. She's a single mom in a licensed manicurist and she's been working in the field safely for years. Just to put food on the table for her three young kids. She wants to relocate Arkansas to be closer to family. The move makes the most sense for her in every way except one. She have to redo her licensing and miss work and miss income in the process. And all of this would be the case even though licensing standards in Tennessee for that industry are actually higher than they are in Arkansas. So this is a major loss not only for Laura but for our state. Because our workforce needs her our communities need her and her kids need to be closer to her family. But because of the archaic licensing rules that we have in place she stuck where she's at. And you could buy this scenario to hundreds of thousands of other Americans who might otherwise be interested in moving to Arkansas but the hurdles are too high. The plumbers electricians contractors barbers and more. They're good hard working Americans that we would be fortunate to have contributing to our state and our economy. But we've made the Birtles the hurdles too high. SP ninety would flip the script because Lara and people like her would now have a fair shot. They would still have to pass a background check and comply with continuing education requirements going forward and in some cases at the discretion of the licensing boards they would still have to pass an exam. But they're honest hardworking other state to be recognized more fully and more quickly by our state. I believe making Arkansas's workforce more competitive is one of the most important things we can do if we want to keep up with our neighbors in Tennessee and Texas who are attracting workers from literally around the globe and growing their local economies and I believe SB ninety is a great step in the right direction thank you know be happy to answer questions means any questions restored. C. nine thank you for your testimony today. Receive a call would you like to close your bill. I would thanks feels time as was stated where he did this with military members and their spouses the goal of this bill is we're just saying if you want to come to Arkansas and go to work here's where we can get another burden out of your way you can come to Arkansas you can go to work you can provide for your family to become a taxpayer can help grow the economy as reference to the individual that had some concerns with the bill you know if there are differences and qualifications with a license from outside of the state this bill does address what to do with that and allows the licensing board to take a look and maybe what's Markham saw specific changes. R. what's Martin saw specific rules need to be considered if there needs to be another exam given to the individual we also at another concern that was was talked about I just said that we did pass a local like licensing preemption bill last session was sent I am closed within the committee we have a motion to passengers guests on the motion as amended. Related when you're recognized for discussion. Well. I still struggle with why are we exempting you know medical professionals I don't understand why tradesman can be accepted. But you know medical professionals could be nurses Health any anybody in that profession so if we accept plumbing electricity and all that why don't we accept these other people what's what's the difference in these groups that I don't understand that and the answer that I got well if there's a board requirement. We'll does that mean. They're more important than tradesman I don't really understand if it's good for everyone should be good for all. There's Wardlaw you're recognized thank you Mr president Ladyman I think I can answer some of that there's there's already compact set up is we've learned a lot about this session for the medical industry and there's also other aspects in ways for them to transfer in there's a military exemption we've got the representative bill Keating to back me up on some there's there's multiple avenues for the medical industry to come in and I think the way they come in in the rules they said under our little bit different than these and that's one of the exemption exists here but there are covered in other aspects of the law to offer that come in we would love to have all the nurses we can get from anywhere we get on but there's also shortages and every other state in the union as well so I just want to rest assure that there are places for them to get here but this is not the place to to have them in this bill thank you Mr. Nearly comments from the committee members. Seeing none all those in favor say aye. Opposed Senate bills passing resolution review McCollum representative from agree we just come to the table to present your amendment to house bill thirteen sixty. Without objection. You're recognized. Thank you chairman. Committee this is a. H. B. thirteen sixty is a bill that came before you before it was allow residential electric shouldn't license to. Who currently could only do single family duplex to do trap thanks using quadruplex is the path of the committee of the Senate they asked for an amendment to the bill had added. Abyan see at the bottom which states dwelling means a building or other structure designed and constructed for residential purposes when inclusion building or structure that houses a home office or business activity in the business activity. Well and that doesn't does not include a mix building or other structure requires commercial simply made sure that that a home office would be allowed in that in a home it's pretty simple man made them available for any any questions members of any questions represent agree. Saying that and we have a motion to current member we have a motion concurring you discussion on the motion. Seeing none all those in favor say aye opposed saying that congratulations amendment has connector thank you Committee. Members I think that concludes our business for today percent