Public Health, Welfare and Labor Committee - Senate

Like health committee meeting welcome to the capital and I hope you enjoy your day today exactly those groups that are here with us I know that farm bureau farmers are in the house and also of the Arkansas federation Republican women are also here can welcome another other groups that are here either to testify on bills or just to enjoy the day in the capital so welcome we're glad to have you with us. All rights and because we have members kind of floating around we may be skipping through the agenda we might not follow it excites with that said we're going to go right at the top of the top of the agenda and and I know that represent of hawk is not here yet so we can pass over hers right now representative Pilkington is he here or. Okay Senator Flippo you're going to run that one okay. Okay house bill ten eighty two. Thank you madam chair and if you do with your permission if I could ask Taylor little to join me to help answer any questions. Okay first you have an amendment but I do have that we would just wanna explain the amendment so. The amendment is basically just to make sure that that that the legislature to Elsie is not giving up any rule making authority with this compact licensure agreement so and if it were not a lot of session that we still have the ability to approve rules that have been put their you know during the interim so with that I'll make a motion that would the minute be adopted okay motion and a second all those in favor say aye. And oppose ayes have it amendment is adopted so now you can. House bill ten eighty two as amended. All right thank you madam chairman. So. This is a bill so just basically allows for occupational therapy Lester compact which we currently have in Missouri in See here. Missouri and Tennessee Louisiana Mississippi currently have legislative legislation pending and so this is voluntary and so what it basically allows is for occupational therapist or for therapy assistant to enjoy you know you know privileges and other states are member of this compact it's it's it's within within the parameters of the constitution and so I think it's just a it's a free market and allows that allows therapist to navigate between states and jurisdictions are members the compact the state of Arkansas is not gonna beneath order here it has no effect on scope of practice and so I think it members It's a simplistic explanation but it's a pretty simple bill than what it allows and doesn't allow so if there's any questions I'll be happy to entertain okay and you want to go ahead and speak now at this state your name for the record and then you may address thank you madam chair and I appreciate your patience with this being on your calendar for so long my name is Taylor riddle and our president occupational therapy association for Arkansas. Go ahead I mean I would like to add that we do you have a letter of endorsement from the department of defense in favor this legislation. The key aspects here that I would like to highlight is that the medical board still overseas all licensing requirements for for Arkansas it is optional for license Thiessen Arkansas to become a member of the compact they are not required just because they and Activo too licensee here in the state I know it is a a longer bill but I would be happy to entertain answer any questions specific to to the language of the bill. Okay Senator Solomon you're recognized for a question it is to be sure I want to make sure Arkansas remains a Thomas as to licensing we have full discretion over who practices in our state. Yes Sir this actually sort of takes it a step further to me if if somebody that I'm gonna you states there around us for example if somebody that is an O. T. licensee for Mr and they're practicing in Arkansas we can revoke their privileges for any reason necessary that the the medical board deems fit okay yes. Thank you. T. could you just point to that spot in the legislation for me that would be helpful yes ma'am give me just a second because I As much as I've gone through this is still need to understand. it actually on page seven and I believe this is in here a couple of times but the the one of this come to me first is on page seven under section II which is line seven. It says the remote state in accordance with due process and that state's laws remove a licensee's contact privilege in the remote state for a specific period of time impose fines and or take any other necessary actions to protect the health and safety of its citizens the licensee maybe an eligible for a contact privilege in any state until a specific time for removal has passed and all fines are paid and beyond that when a state takes action they are required when there's a finding of fact to notify all member states of the compact that SS of action okay have a quick question when the public on page fifteen when we talk about the Commission may levy the on and collect an annual assessment from the minute each member state or impose fees could you just talk about the revenue side of this like who is this entity that's receiving those monies and how are they regulated yes ma'am I was actually somewhat prepared for this based on our conversation earlier so I appreciate you asking the Commission obviously as administrative costs with maintaining the database with the some staffing aspects what happens is and I believe there's probably other people that are in that can speak to this With current examples of contacts in Arkansas like the psychology compact the nursing compact there are some administrative costs that the state put on to the individual that is choosing to join the compact my understanding is the psychology compact they could charge let me fees spread among those up to six thousand dollars I don't think that they actually do that that's not per individual that's across everybody from Arkansas that we're to join the compact so that's not six thousand dollars per individual that's that's what they said there's I believe the nursing compact is the the same. Okay and and where is this Commission lake located or are they audited or the A. like who has authority over them yes that there is specific language as to you will the requirements that they're supposed to provide to the board which is made up of for Arkansas to be an individual appointed by the medical board it's there's a lot of language in their of their responsibilities provide financials I believe it's towards the latter part of the legislation. But I mean I just wanted to share my concern with that structure because generally like if you have licensing and you have these boards like we have those we have moved under different agencies because the legislature has a fiduciary responsibility of understanding where all those monies from taxpayers or licensee's or whomever we have the ability to look at those and audit those or I understand that as we've had some issues before in the past where we've had some commissions that were kind of spent a lot of money unnecessarily and we had to reign those in and so that's a big concern I have with the way this is structured because. You know I I'm not sure how who has the ability to bring those in or if they will ever be able to bring those folks in and there's no limitation on how those fees are set. By this governing body which is the state legislature does not can you answer that for me I will do my best I do understand your concerns will in that regard I would say that the way this is set up as each state the by their licensing board has the ability to appoint a representative to attend these meetings to review these these findings these documents due to review the financials I believe Page twenty gets into a lot of of the obligations of of the Commission and the abilities also for Arkansas to withdraw from the commission if it sees fit I would think the you know. We is they would have to put faith in our representative to to you know advocate on behalf of of the individuals that are yep being represented I I appreciate that so much but that individuals not elected official and we have we have had issues with people that have been appointed to boards or commissions that really aren't the ones with the constitutional authority to make those fiduciary fiscal decisions like this body is is delegated to do so I totally I understand that my concern with this or with any compact bill is just that big because I've seen those things happen and and I'm not sure if there's a way you know that you could incorporate perhaps the attorney general's office or something like that to where we just have the ability to have more eyes on that and and I'll give you an example and on certification board certifications which it happens a lot those maintenance of certifications continue to rise and rise and rise and there's really no power over those academies that are certifying through these board licensing examinations and and so there there's no way to control that cost and so and I think our legislature has done a pretty good job of trying to rain some of those licensing fees in for individuals and so but we we we our hands are not we can't our hands are tied and we don't have the ability to do that with these compact bills the way I read them unless you can point to me something differently I do think that there is to some degree Legislative Oversight and the sense that the through this amendment in particular like even during the interim A. L. C. Kinh contest certain rules promulgated by the commission and I would also like to point out you know at any point in time and I know this probably won't satisfy your concerns but at any point in time the you know the appointee by the medical board can be removed and replaced you know and that that's up to her to the medical board in that regard all right thank you any members have any other questions. Senator love. Okay I need thank you mentioned I guess I will pick up because I was trying to figure out this piece on the commission so is the are you saying that the commission. Our members that are appointed by the medical board set for Arkansas it will be the medical board at the exposition the the licensing board for each state appoints the representative for their state okay the appoint their representatives to this commission yes in the in the Commission between I guess whoever's whoever's within the compact the assess the fees so okay our. I was trying to get a better understanding thank you madam chair yes any other questions members of the committee all right as there anyone here to speak for or against this bill. All right seeing yes I'm sorry please come forward. Our aim is a teacher thank you state your name for the record and you may proceed my name is Peter Brant's Kim and I'm from Rogers Arkansas and I actually am here today to speak on behalf of the counseling. Compact bill that day of hawk is representing or okay bringing but I own a pediatric hold on just a second. Yeah. Four or. Work for it but also I understand her concern I think it's very valid because. The is that okay I'm new to the show Senate we these monies that you're here to speak for a different bill it's all. I want to say okay we have got to get on it in the pediatric therapy business I've had since nineteen ninety nine I never intended to be a working mother of seven but that's what I do because the need is so great in our communities for therapy services for everybody. What we do is we address functional daily living skills and the earlier we can get to it the better but we help people get to work that's what we do so what if you all decide here. Please. Open up the floodgates for us to get more people into the state to provide the services that we need. With that said if they're being charge six thousand dollars a year to do that that's not right. There is no way. I know. I have sixty people employed in my company today. There's no way it takes that much time to review somebody's licensure and renew it. I'm a speech pathologist by trade. My licensing dues are about a hundred fifty dollars a year. It is the same kind of process that we have for O. T. and PT. If somebody's wanting to maintain their license because I'm not going to do a few hours at some point in their season of life but they have to pay six thousand dollars a year to do that we just lost for our people because that's it doesn't make sense. So we need something that makes sense to open the floodgates for us to get services to our people our children need it. Our adults needed. That's okay I really appreciate you being are there any questions do you mind take any questions are there any questions for members of the committee for her. No okay all right thank you so much for being here for your testimony of the just madam chair December thirty I don't think that six thousand dollars per person is kind of spread across the state you know you know for for you know for all occupational therapists and you know certainly you know Arkansas is able to pull itself out of this so if things are you know coming off the wheels so I think we would have to be in session a special session or to do that I don't think that we could do that just a rail C. but you know in the event that there are you know that we and counted some significant problems which I don't foresee but that possibility I think it's probably always exist with anything that we have the ability to remove ourselves from this compact so this is not like a forever binding thing we're the ones we if we do this we can ever get out of it and so with that you not ask me to close my bills will be quite madam chair and well I just wanted to see if there are any other questions from members of the committee anyone here to speak for or against this bill. All right and and and then the last thing I would just say that six thousand dollars I'm not sure how many that would be spread across so that would make a difference right and how many and I'm I'm not sure how many How many folks are part of your association not every licensed occupational therapist are members of associations so D. do you mind just answer that question for me yes I appreciate that opportunity because I don't think I did that clearly enough so I believe. It don't hold me to this one of the the packs it's up to six thousand dollars that they would levy that's not what they're actually doing they set a marker as a commission to say we're not going to go beyond that they actually pay if he per individual the injury that that except the privilege to join into the compact I believe that's the psychology packed of of correct we don't hold me to that I can find that out to be sure we have not there's no fees that we're talking about specifically for the occupational therapist at this time those are just two contacts that Arkansas is a part of that I do have that I did have some data regarding of those provided by the council of state governments so I probably had a little bit more confusion than was necessary when I when I mention that my apologies what will and what you're talking about is what the state pays yes ma'am and the state has the ability rather than the state actually paying out of the tax revenue they can put the fee on the person that is acts asking for the privilege to join the compact and so so let me just follow through the math here is ma'am if three if three occupational therapists in the state of Arkansas the site and the fee is six thousand dollars okay yes ma'am those are your numbers not mine yes we have three occupational therapist in the state of Arkansas decide that they're going to join the compact and each of them would have to pay two thousand dollars that would be active that were the case that's not the case the general consensus and I believe and I'm done once before but Mr Gilmore at that house public health meeting regarding Reserve hawks bill that's coming up next was able to talk to some of the general costs regarding this issue I don't want to speak for him on this but I think we are talking generally about minimal costs being around thirty to forty dollars average year per individual that is enjoying a privilege to be a part of the compact. Okay. Well I'm I'm I voice my concerns but because I just I don't like for us to lose control over that on behalf of our citizens and that's just a big concern of mine but I'd appreciate appreciate answers any other questions. All right okay now you please close for your bill. Thank you madam chair close the bill make a motion to pass all right as amended has admitted that there is there a second second all those in favor say aye by. I'm sorry Senator love. Okay I apologize. Thank you madam chair You are this is not to share the same concerns as Senator Irvin shares I do like for Arkansas to be in control. However I have a unique perspective in occupational therapy or trying to get services for occupational therapy as you all know that I adopted a little girl. A couple years ago. And she came to our home with very significant needs one. Is occupational therapy needs in it has been a nightmare to try to find occupational therapist to actually provide service to or are we still. We were it pediatrics plus and you know something happened to where she's kind of graduated but she still needs a professional therapy and we have yet to be able to actually find I could patient therapist for her outside of pediatrics plus in so that makes transitioning very very hard so with that being said even though I do share the same concerns the Senator Irvin if we can we can actually address those concerns I would like to but I will be in support of this bill because I knew known. And I share the the I share the the concerns that we really do need more occupational therapist to provide services to our children and our deal so thank you for this bill. All right thank you all those in favor say aye aye and opposed ayes have it congratulations you passed your bill thank you madam chair of the committee. Senator Solomon you want to go ahead and run that bill I'm gonna run downstairs. Member center urban is running a bill another committee I know we all have other committees to run to representative Cavenaugh with without objection posted like to hear House Bill fourteen fifty a. The representative has other bills to run. Thank you Mr chair and if you would go ahead and introduce yourself and you may present the bill representative Fran Cavenaugh district thirty. this is a bill that it's come to me because of an incident that happened to one of my constituents back in July of twenty twenty two cadet a Vincent park passed away during training at we'll at the camp Robinson training facility so this bill it rolls out of that it happen to be a hot day and so heat exhaustion played into that that tragedy this bill addresses that by asking all law enforcement trainers instructors and those with firefighter instructors also to be able to be certified and recognizing certain heart health issues and conditions as they present themselves and so that's what this bill actually does I've worked with the department of public safety and they're all on board with this and I understand that the need for this in their support of of it. Thank you membership any questions on the bill. Seeing no questions is it anyone here to speak for or against. Saying no one to speak for against representative Cavenaugh you're welcome to close for your bill thank you Mr chair just so. Everyone understands from my point of view and I'm sure from senator Solomon's point of view this tragedy is something that we hope we learn from and that we don't let Vincent's death be in vain and that we become better because of it can't bring him back it can't make the family feel the loss last but I think it is the right thing for us to do. And with that I would appreciate a good vote thank you members have a motion the second the second we have a discussion on the motion. Hey none all in favor say aye. Opposed. Thank you representative Cavenaugh and I know the family I think it's here to where you're appreciate you being here and your bill is passed thank you Committee. The next committee we will go to House Bill eleven eighty one. Is. What forgot an amendment being passed out. We'll give everyone a chance to read that before we move forward but representative would you introduce yourself. Good morning yes Sir Delia hog District seventeen from western Benton county. And your esteemed guest beside you. Senator Justin Boyd Senate district twenty seven. And I'm ready present amendment whenever you're ready for me to start. Anyone have any questions on the amendment. Okay now we have a motion and a second. I need a secondary here a second all. All in favor of you have any discussion on the motion. Seeing none all in favor say aye opposed. Your motion passes. The member passes if you would like to begin and to explain your bill please. Thank you so much for the opportunity to address you this morning on the importance of H. B. eleven eighty one this was brought to me by a constituent counseling student who is working to reserve her licensed professional counseling degree and get her license data from the National Alliance on mental illness indicates that roughly half a million our cans and suffer from a mental health condition and at a hundred and forty five thousand our Kansans do not receive or have access to the mental health treatment that they need. Furthermore this organization reports that one point four million our Kansans living communities where there are simply not enough mental health providers to meet the client's needs. According to the twenty twenty to data from the mental health America survey and the census bureau household poll survey Arkansas ranks forty fourth in best states for mental health care. The counseling Compaq will allow licensed professional counselors in Arkansas the privilege to treat other clients in person or via telehealth to member states currently there are seventeen members states that are part of this compact primarily from the south east states nineteen other states are currently looking at legislation to join the national counseling compact. Currently a client initiates care with a licensed professional counselor in Arkansas and then travels out of state or relocate temporarily or permanently for any reason the Arkansas licensed professional counselor must seek special approval from each state where the client has traveled in order to provide care to their client because licensure laws are different in each state that's a major barrier to the continuity of care for many Arkansas clients. Accounts and compact also expedites the licensure process for qualified professionals moving into the state of Arkansas as well as Arkansas L. PC's who moved to member states we know that more and more people are mobile society that we live in and we know our nurses are moving from state to state our military personnel are moving from state to state students are coming into Arkansas or going from Arkansas to other states and this compact will allow their counselor to to be able to continue serving them and treating them. So this is for all the member states have a sixty hour requirement in their master's degree program they must graduate from an accredited. Institution with the licensing of. Having passed the national exam K. crap is the national accreditation and they require the schools to cover eight domains so you'll notice in this bill there are certain areas that are required for every licensure to cover those are not courses specific they are domain specific that every licensed professional counselor will have that certification I know there have been concerns raised in particular about those that would be coming in from other states what they have the same requirements that we have in Arkansas for the quality of counselors that we want to be practicing in here and the answer is yes every member state has the same requirements recovered. A few concerns have been raised about the rulemaking and prosecuting power of the counseling compact commission some of which was addressed in the earlier compact that was discussed but choose to read it a rate that commission's purposes to oversee and carry out the compact not to oversee licensing an individual states so they would establish and maintain a national data system a code of ethics the by laws rules and budget but to be clear that commission oversees the compact not the practice of counseling in the individual member states so the compact is not a waiver of sovereign immunity and the compact is not change how Arkansas in axing carries out the rules governing licensure and practice of counseling in Arkansas nor does it take away any prosecuting power when indicating counselors are indicting counselors practicing in the state or their their clients coming to see. Justice whether Arkansas's consider their home state or their member state so again I would just reiterate the need and we've seen bills that are coming through children in our schools are needing mental health counseling our veterans are needing mental health health counseling I serve on joint budget and what we're looking at a request for two and a half million dollars to increase the funding for veterans to receive mental health counseling but all of that leads back to the very need that we're here today to address and that is the need for more a licensed professional counselors to practice in Arkansas and for our Kansans to receive the mental health counseling that they need and with that I will take any questions. Members anyone had questions. Saying that is anyone here to speak for against the bill. You're welcome to come to the table. Please introduce yourself and are you speak for or against four on four four okay I want to say four four four four four that's what I would say if you would introduce yourself I'm teacher Branscum you may proceed. Thank you. There are two things. I have taken the time in my life of the last few years to reach out to legislators and the governor's office to do for the state of Arkansas. One of them is. The Arkansas lines bill. Several years ago I started asking for that the second one is we need to open the floodgates to get counselors in our state the numbers that day I have. Under. With the two numbers are because I see in our communities and I hear the number one thing I get calls about week after week after week is please please help us get counselors for these kids we have kids emotionally disturbed covets made it worse the lock down made it so much worse. Don't even get me started. But I'm gonna tell you something. We cannot operate out of fear of what could happen. We've got to operate out of what needs to happen right now. And we have got to open the floodgates to get people yes people are going to come over people are going to commit fraud people are not going to do it right people are going to be lying about their license but ninety I will say I've been in this industry since nineteen ninety nine I'm gonna say ninety five percent of providers for PTO ten speech which is what I've mainly been doing. A good. There's a five percent that are not going to write in the legislators here are about that five percent they hear all about it. The other ninety five percent out there they're making a difference making an impact for people's lives are making an impact every day and you don't hear about it so please don't operate out of fear of fraud I just want to say that I would want to say that for a long time. Number two is. The Bill I trust her I know some about her. She's from JB you she was professor in the business department is that right got that right. And I know about her character. And I know about her family's character and I trust that she has research and she knows what she's talking about and she is going to do a good job I don't know the other guy and I'm sorry if I stepped on some toes I can't remember his name but I think what he's trying to do is right I think the association. Need some tweaking on his still. But all said is we have got this is this is a major major deal for our people mental health issues affect our daily life functioning. Work home. And we've got to we've got to figure out what can we do how can we increase. Counseling in the state of Arkansas. One of the things we can do is exactly what she's doing this is the best thing I've I've entered we added counseling in our company because all of our referral sources were begging us to do it. So I did several years ago I added that in. I can't find one. Go go go on indeed a counselor at PC and LMFT and LCSW licensed counselor job there's hundreds of them in Rogers Bening's hundreds openings in Rogers. I can't even get in people and I'm one of the best end gigs in the state because I don't have to work for the money. So plenty enough money to pay for seven kids see I don't have to but the second center Wallace you have a comment or question no I I appreciate what's being said but I'd like to move for immediate consideration have a moved for immediate consideration. Second. We're going to immediate consideration being for likely going to do what you want to happen okay. Thank you we have a motion for committee consideration. That is non debatable all of that I think we have to go to media consideration so do we have all in favor say aye. Opposed thank you pastor bill. I'm sorry motion immediate consideration now will vote on the bill as amended that are you gonna come back with that mixture motion senator Wallace second. Senator Flippo all in favor the bill say aye. All opposed. Your pastor bill now thank you. All right thank you so much all rights. Let me down I believe. But senator Wallace. H. B. thirteen forty Tucker. He has a hand out this is information that was requested. Okay as Senator Wallace you're recognized to present a house bill thirteen forty center Dave Wallace District nineteen members hi Brought this bill to you our our last meeting and I was asked to come back with a. Fiscal impact I checked with the department of finance I have provided you a copy of the email they're not gonna be able to provide that to us because there's no cost to the state of Arkansas I do recognize who is a cost to the state of or to the the country. And and then we with senator king on his. Thoughts on that. Members the key point to this bill. If you look at the items seventeen our line seventeen just one moment they can shut that door it's real difficult to hear okay thank you so much for helping us out there go ahead. The purpose of this bill is to require DHS. To apply to our federal government for permission to apply a waiver. Regarding certain. Okay sorry we. If you just keep that door shut no more people coming in we can't hear. Thank you. Go ahead here we go. Sorry this Is just requiring our DHS to apply for a waiver from the federal government. To allow veterans who have been injured in combat to. Dross that program. receive information after I present the bill the last time there's only sixty veterans. In the state of Arkansas the drawing snap program. At many of those at least some of those. Will not be combat injured veterans. Step program if you're making over twelve hundred dollars a month. You're not gonna be able to cross that. So that tells me that the sixty individuals are making less than sixty dollars a month the average VA disability comes out to about thirteen hundred dollars a month. The thirteen hundred dollars a month will make a world of difference to the sixty individuals if it is as many as sixty individuals. Join step. in with that. I wish you questions all right and there any questions from members of the committee. All right C. nine is there anyone here to speak for or against this bill. No questions no one's here to speak for against you're recognized to close for your bill. Members listen sixty people sixty veterans who were injured in combat will benefit from this if the federal government agrees to accept the waiver from DHS eyes for good vote thank you and you make a motion to pass do pass second second all those in favor say aye opposed as have it congratulations a cast your bill. All rights let's see going down this agenda let's see senator Hammer we're skipping over all Senator hammers bills center Penzo are you gonna go or skip over I'm going to pass over Senate bill two eighty nine today right due to this ridge that were looking at ways to incorporate their comments into an amendment okay thank you all right let's see Senator Johnson's not here anyone for house bill fourteen forty nine. Okay. Fourteen twenty house bill fourteen twenty. President brown. fourteen ten. Okay fourteen anyone here. Fourteen ten. I before we do that members Senate bill one eighty nine is my bill all we're doing on that is concurring in the house amendments. Senate bill one ninety nine. If you look at that it's just a concurrence of the amendment that we are placed on by the House Let me just do that one real quick if you don't mind. I'm gonna let somebody take the chair real fast I'm just trying to clear the former quick. Senator Wallace we. I apologize for running through the agenda as quickly as we can you senator if you are recognized self service Senate bill one ninety nine Senator Missy Irvin district twenty four. For quite permanent services. And so the amendment this bill relates the definition of intellectual development disabilities when the governor the house among within the provider community they start have some disagreements about the meaning as the language of this just clarifies couple things makes all the providers happy and actively listening greed on women. Members do you have any questions. Do I have me that would like to speak for a C. one individual come on up. Hi I'm. Doctor checked me Marla and I. Attention business owner Northwest Arkansas and first I am for that bill sorry if you're not is getting and from Iraq has a really fast to get here today and. Anyway the is so the definition of intellectual and developmental disabilities wonderful edition very important I emailed you previously at about the definition of an autism service I mean autism. Spectrum disorder definition if you noticed in the bill which have been taken out of my bag unfortunately it's the only definition that refers to a separate bill and I understand. Based on. At what I inferred from everything I'm previously and. Back at references that definition because at that may it's a bill that's under DHS in Medicaid and none of the other disorders disabilities that are listed on there referred to any other legislative code back in twenty twenty one for my first time I tried to come up and address the legislation that that definition file under Simply because. Chinese thanks because I talk a lot and I'm very passionate about it but I'm also nervous and I know you're to get their agenda anyway is that definition as written is a very restrictive to individuals with autism spectrum disorders as we know that families of I have children or adults that have any intellectual and developmental disability and I have so much on their plate already and so many things that they're trying to navigate and fight through their entire lives and they often cannot even keep a job because there are so many endpoint appointments they have to go to and so many times they have to be called out of work for this Saturday at anything having to stop their contract forever on all of that And with regards to the definition of autism as it's written and that bill that is referenced it requires specifically. Two medical providers to diagnose autism spectrum disorder and that was back in twenty twenty one because it went from three to two providers to diagnose autism and which. What is better but it still is a significant problem I am most states don't require that a pediatric developmental pediatrician or even a pediatrician with experience and understanding can provide the checklist and I can provide as a behavior analyst and educator I can put to PhD level I can do the whole gamut of SS managed with regards to an autism spectrum disorder. That's not the important thing. The point of saying that is there is no need to have to providers required to diagnose autism spectrum disorder it is very clearly delineated and that DSM. Five revised I'm and. It can be diagnosed by a physician alone and there is a as we have all heard and I have about twenty bills I wish I could speak on all of them with regard to the mental and behavioral health crisis. In Arkansas and across the nation but as we heard just a moment forty four I think in that nation on something in that regards and the crisis in our state there has been since they moved here in two thousand eight and worked as as an educator in Springdale schools before that I was in Kentucky as an autism consultant and teacher and started the behavior specialist program in Springdale to help support all of our kids with intellectual developmental. Emotional disturbance which I really wish to change the language in that law because I've worked with so many kids that don't deserve that definition that's a whole other issue my point is aye I know. There are two things with this bill and maybe nothing will change today but what I would pretty but I would like to see on behalf of all of the children and families that I've served that that diagnosis and that definition and this bill be given in the same consideration every other diagnosis or disability as defined. as it is defined without us reference to another law that simply reference to a diagnosis based on the DSM I am and also I really would appreciate someone to help me get that other definitions changed under the autism waiver program it is just one area that our children and families do not need to go through to get services and. We don't have enough psychologists in this state to even do the diagnosis I mean that's a whole other thing it's a two year wait list I'm gonna stop there because I could talk for hours thank you think you've done a wonderful job yeah we we need to move on and think of. Is there anybody else that is in favor or would like to speak for or against the bill. With that members. I have a motion. I have a motion to have second. To concur with a minute first of all. Yes Sir. So all in favor. I. That would. Okay. Senator Penzo you're recognized. Okay thank you you're recognized if you'll state your name for the record you're recognized presents house bill fourteen. Ten. Representative Rebecca Burke's District eleven. Please proceed thank you madam chair House Bill fourteen ten deals with the work permits that are required for fourteen and fifteen year olds uh to turn in before they can get a job you may or may not be familiar with this we have many many child labor laws a federal and state that protect children from working certain hours of the week certain days of the week certain types of industries also keep in mind that generally in Arkansas under fourteen cannot work unless you're in a family business or certain certain exceptions like that so we're talking about fourteen fifteen year olds this work permit doesn't apply to sixteen year olds and the notion behind this this bill came to me from the foundation for government accountability it is truly a paperwork that has to be done before this minor can can accept the job it has to be signed by the a parent it has to be signed by the employer and signed by the division of labor so the government has to give permission before this individual can get a job regardless of whether it's parent thinks it's right or wrong for the for the minor to be employed. Again I would just say that the bill restores decision making to the parents and we talk to the division of labor about this I believe that they're here to give some testimony as well date what they do is they accept the permit when it's turned in and they store it but they don't use it for anything my first question to them was okay so you go out and you spot check these employers to see what's going on no we don't use it in that way we don't use it at all in fact we don't even know if employers attorneys and are not turning these in we don't audit this form so it truly is just about paperwork that is a barrier for a a young minor to or a fourteen fifteen year old to getting a job they do that investigate complaints in the division of labor so when there's a complaint I saw a young person working until midnight every night during the school week they investigate those complaints eliminating this paperwork obviously frees up some time for the investigators to spend more time studying and investigating these complaints that they receive so that's the impetus for house bill fourteen ten and I'm happy to answer any questions unless senator Penzo you have additional comments. No just going to say that I know some of the questions will be probably directed to the department of labor so Steve Gunthorpe Thorpe is here to answering those questions appealed like him to come to the table. Let's go ahead and have you recognize yourself. Thank you Mr chairman State Gunthorpe department labor license thank you Sir. Members what of what questions do we have. Centreboard. So right now under the current law when you review what when someone reviews this I mean did they give consideration to something or they just literally this is just an extra step that they have to sign off on. This is just as far as the employment this is just the a state law that requires them to submit the application to us for us to verify age the the the type of employment the hours worked. So I apologize I have a question also so when this document comes to the Department. What do you do just look at and then followed the Sir. We make sure that all the rules are being followed as far as child labor law and then we that we verified with the employer that everything is is accurate correct and the child is a child though the fourteen or fifteen year old is eligible for work as long as they're under this that certain criteria It members go ahead. Senator love. Thank you Mr I want to I want you to speak to some of the comments that the representative made in regards to not reviewing the documents submitted would mention that what you're testimony that it was just something that they don't really review that is just another piece of it is not used for any kind of investigation so they receive the documents they store them in a database maybe or file I'm not sure but those aren't these this permit is it used for any kind of investigation. That's accurate I mean we do have the paperwork on file but as far as investigations we only investigate when a complaint is made we don't go through the fall and do spot checks on individuals to make sure that you know what they applied for is what is being upheld two we only investigate when a complaint is made. Okay so the and I guess now I'm alone and thank you for bringing this because I guess this might be a problem if you're not I mean if you're not looking it if you're not reviewing the document once it's turned in how do you. I mean is that is certain is in like employment it's employment situations that children and does not. I'm not going to be and I mean like. Is there certain jobs to children cannot hold EMS restriction work any type of work that would be deemed dangerous that they would not be allowed okay so the in do you all not review this document to make sure that. I know that the information that is submitted to us this review yes we would verify that if if it's a diner or whatever that the the job that they're applying for meets that criteria that you know it's not a dangerous job for this fourteen or fifteen year old okay so the in the With with this bill I guess what you would you not have that safeguard which you Miss can you speak to that man. I'm not sure I understand the question can you speak to the fact that I mean if if that's a safe car because I I guess that was to me that's a provision of safety right for children. With this bill what I children be less safe more safe I mean how. I do want to speak to the intent of the bill if I might speak to that yes so there are many child labor laws federal and state and every employer is bound by those laws just like they're bound by the minimum wage law for example every employer is is deemed to understand and know what laws apply to them the employers under federal law are required to get any employee to fill out an I. nine form which has the date of birth so every employer is deemed to know the age of people that are applying for and working for them they know the age of these people we have a lot of lost federal and state the covered child labor so that violate any of those laws but of course they're liable for that. Okay but in this in this building structure I love you're recognized for a follow up on site Mr okay I guess I'm just thinking because in this bill is trying to throw the language so. It just eliminates the permit this piece of paper that has to be signed by the government before the minor can get a job. Okay all right thank you. Sturch Sullivan you're recognized for. Is there any condition far parent notification on this. Sign off how does a parent know their child is going to work yes if if this forms use and a lot of employer an employer could hire somebody without doing this process then it does have a place for the parent to sign I would also mention that this form and this process initiated in nineteen fourteen when we had concerns about children missing school to go work in the mines and factories and at that time the superintendent had to sign off on it it's changed and morphed over time but this idea originated in nineteen fourteen. Sure seven still has his fourth nineteen fourteen. All right of center void you have questions. Yes so so does the department of labor have a real concern with this law. I mean with removing the the bill in front of us is what I'm trying to ask not not the current law but the bill in front of. We have no issues with the bill. All right any other questions from members of the committee. All right scene nine we have Clark Collins. Here to speak against the bill. You come to the table and introduce yourself for the record. Good morning madam chair and members of the committee on Lara Callum's I'm with the Arkansas advocates for children and families Oregon organization that since nineteen seventy seven I have been working to ensure that the laws of our state our in service to kids and ensuring that they can grow up healthy and reach their full potential of both representative perks and I Senator Penzo have been kind enough to hear our concerns and the concerns of many other child advocates who I know have written to you as members of this committee day and I disagree about the usefulness of this piece of paper and if you don't mind I mean it it is just one piece of paper. The most important thing that it does is ensure that parents are involved in the decision about whether a fourteen or fifteen year old gets a job. That's. That is no way that they should be the case for anyone under sixteen the parents should be involved in the decision making about whether a child gets a job they get more protection under state law because they deserve more protection under state law because of their age they deserve that extra protection. And it's not too much to ask an employer to make sure that a parent knows that a fourteen or fifteen year old is working. Without the certificate the employer doesn't have to obtain that permission. And and the paint this is the way that the parents are involved in the process and without this form they're not involved in the process the department of labor confirm that to me and I would encourage you if it's allowable to ask them if that is the case where does the parent wears a parent involved in the process without this from this form. It does work one of the other things so that is the first little section of the form is it this is all about the parent having being involved the second is just this little part right here it requires that the employer have on file that the child is working within hours allowed under the law not too late on school nights not too many hours in a day whether the state takes a look at this paper ever again isn't it also important that the employer have to fill it out and have it on file to show that they're following the law. It's it's not it's easy to get and it's easy to fill out and it's a way it's a paper trail to ensure that young people are working hours that are allowed under the law and you've heard that the certificate is a relic of the early twentieth century when child labor was an issue. But if you've been paying attention at all to the news in the last few weeks did you know that child labor is very much an issue today dozens of children younger than sixteen were working overnight shifts in dangerous conditions with hazardous chemicals and that's happening right here in Arkansas most recently in Batesville and Green Forest senator kings home. A couple of weeks ago a subcontractor for the poultry companies in Green Forest in Batesville paid hefty fines for hiring children in equal illegal conditions the U. S. labor department asked to just raise the alarm just this past Monday two days ago about a sixty nine percent increase in child labor violations in the past five years in the last reporting year the Department count eight hundred and thirty five companies in violation of child labor laws they've six hundred investigations under way right now child labor is not a relic of history it's very much back in America and back here in Arkansas and mostly it's immigrant children who are the victims were through with you know when we think about kids working her fourteen we think about we think about who this might protect it's not the fourteen year old is working at the ice cream parlor in the in the in your home town whose parents have have given them permission to work we're worried about the children who are at risk of being exploited and who are being exploited today we've heard that employer shouldn't have to get the government's permission to hire a fourteen year old but I contend they actually should these kids have protection under the law because the state law recognizes that they're younger than sixteen and then another layer of protection is involved and that the parents need to be involved in that decision making. The certificate is not a burden for law abiding businesses to obtain it's free it's a free permit it takes two days the department of labor told me that takes two days for this permit to turn around in the summer when they have a whole bunch of requests for fourteen fifty animals to work it might take three days but right now it's free it's easy it's one sheet of paper that I showed you and that and the reason that the government is involved is because of the children's age again. If this is not red tape so who is it a burden to that it's a burden to companies who are illegally hiring minors beyond the allowable hours and conditions that aren't allowed and I'll give you example of what I mean from right here in Arkansas one of my colleagues daughter's worked at a fast food restaurant here in Little Rock when she was fifteen the manager had her working six PM to close which is a violation of child labor laws so they brought their certificate and showed it to so that to the manager that it says right on the certificate it shows what type of ours are allowed and so that the fifteen year old took it to the manager and the manager fired her. So this piece of paper is not meaningless if nothing else it allows parents to know their child's rights in the workplace because it says it right on there and as for the parents permission and it lists the hours that are allowed. I'm the I'll be the first to tell you that I think teenagers should work I did my first job was in a chicken plant in a sixteen I worked there again when I was seventeen and eighteen and nineteen it's actually the chicken plant in Green Forest that it was in violation of this law it wasn't back then and I was sixteen I was old enough to work there Senator king and I know a lot of folks in common who worked in that Green Forest plant this piece of paper is not too much to ask of an employer this is not bureaucracy this is child protection we do so much here in the capital to protect children you all do that every day and we admire you for it we shouldn't take away a layer of protection that we already have in place when no one is even here in the room asking asking for this child advocates are in the room here asking you not to do this thank you madam chairman and members of the committee for your time. Right other questions Senator board had a question if you don't mind yes Sir thank you thank you for your testimony I guess the the question I have the that kind of comes up in a situation like this is yeah we have these laws to protect people and here's one more and so if a company really is willing to work immigrant children at odd hours around dangerous chemicals is this sheet of paper really going to protect the the children how how would you answer that that would still be that would still be illegal but this would be a paper trail that shows that they verify the age they have parents permission and that they've showed when what the hours should be another way to hold the employers accountable. Senator Penzo. The subcontractor referencing in green forest and they have these form signed I I I wasn't involved in the investigation so I don't know what they did or not thank you. Okay other any other questions for this witness yes senator Boyd you're recognized. Again thank you for your testimony and and you bring a balance to the idea I mean this is been a place a long time and we should be thoughtful before we suddenly change it I I agree but also though the other thing that comes to mind is a parent is this a parent do I have personal responsibility to figure out where my kid is where my kids going what my kid is up to. Does the government really have a role in that and is it the employer's responsibility to do that as well so how would you respond to that this sexually involves the parent in the decision otherwise you could hire somebody fourteen or fifteen without the parents being aware. I'm and again it's not children who the children who are y'all's neighbors we're talking about kids who may not have someone to sign off and if and if they don't have anyone to sign this form then they should be hired. And so I'm going to take you back on that question and and both representive arts and you both can answer my questions but I'm concerned about those kids that don't have those parents or that have those parents to do place them in I have a friends okay that this was his him it was a man and because of child labor. And the employment of where he works as a child. That is how he became a victim of sex trafficking. And so that's a real concern I have I'm just going to be Frank about about this and I really think. We have to be very very understanding that in the perfect world everybody's got a mom and a dad. We don't live in a perfect world. And and and in the world that we live in is people don't have moms and dads four they have moms and dads that are profiting off of them in sex trafficking. They're selling their children for drug money. And and and I that is real and that's happened and it happened to a very good friend of mine because it was a child labor situation and I know that first hand so you can both answer representative parks and and both can answer that question absolutely and that that's a horrible situation that you described and I completely have share that concern however I would say that this form doesn't prevent bad actors from doing bad things and so if you're an employer who is inclined to entice the child to come work for you in violation of the child labor laws you're not filling out this form and turning it in we don't know how many people across the state are not completing this form and turning it in if you're a good actor a good employer and you have good intentions then you may fill this form out that that's very true but the problem you describe is very real the form doesn't solve that problem. Are there other areas of the state law that you can point me to where. That are that are gonna be remaining intact absolutely the entire code so chapter six title eleven chapter six has many many sections that deal with the hours that children are these these minors can work the days of week they can work the types of industries they can work and and and all of that code is still intact all we're doing is striking the requirement that this form be turned in and that the government sign off on the minor being able to get a job okay. Unanswered questions at the the folks at the department of labor said that this is the only way that the parents are involved in this again so those all those labor laws do exist still and they're still in place but this is the way that the parents signs off on a fourteen or fifteen year old to get the job if the if a business isn't doing that than they are in violation of the law but what they're law abiding businesses can fill out this is a piece of paper it's free and it takes two days to turn around and they can add in it there attesting that they're following those labor laws and their listing hours that the child the fourteen and fifteen works so it's easy to see that they're following it which is why the department of labor needs to sign off on it okay thank you are there any other questions. Thank you for your thank you for testimony. Josh price. Good morning thank you Committee thank you madam chair my name is Joshua price and I am the deputy director of Arkansas United which is an immigrants rights advocacy group based in Northwest Arkansas but we also have offices in in little rock as well as in do miss an enforcement and I'm speaking against the bill okay please proceed yes actually a miss killings that amazing job and I think she probably still have my talking points but one thing I really do want to focus on and you brought this up Senator Irvin the the child trafficking portion is something of a special concern to us and the immigrant communities we serve as was said earlier this form is a paper trail yes it could be an inconvenience to some parents but as you said we're not talking about the parents that if you're coming from a two to parent child in a household that they know where you are I was blessed enough that my mom took off work for nine years and I was able to have a state on mom a lot these kids it's a single parent household or maybe they're shuffling between parents or maybe the orphans they don't have parents or maybe they're living with grandparents or even in foster care so this is really you we think a way to protect these kids from these predatory employers as ms Gillam said just just a couple weeks ago it's an honor to investigation of the department of labor it was those two packing plant she mentioned one point five million dollars in penalties they were pulling children from age thirteen to seventeen to do hazardous work at thirteen years old in the packing plants in eight states including Arkansas we heard reports from the department of labor the US department of labor so these kids are losing fingers some of these kids are losing limbs on this chart machinery. And they were hiring these young kids because they said they were squat small and could fit inside spaces so that's very very troublesome to us especially if you think about these kids that don't have the parental involvement maybe their parents don't speak English. And you know I would just think eve even best case scenario you drive up to the sonic and your fourteen year olds working as a car hopping you didn't know because maybe you're divorced and maybe your your child is the other parent and and you had no idea because there was no form that you have to fill out to show that that child was able to work at that sonic I worked in a fast food as well when I was younger I worked in a restaurant all through college and I remember fourteen fifteen sixteen year olds getting jobs at the restaurant working as you know bus boys and they had to fill out that form to show that they couldn't close on certain nights that only work so many hours and again it's just another layer of protection some my personal background I work with the federal government for a long time with the small business administration and the delta regional authority and yes there are federal guidelines of course but at what point does that get to the federal level is it when she loses a finger or loses a hand that it's finally reported up that far again if we're not tracking this if the employer is not tracking it if we're not tracking on the state level. If there's some type of a criminal investigation how is the department of labor gonna have that paper trail to know what was going on and I think a question earlier was well these bad actors probably don't have that for the private filling it out. That's evidence to why did you have a form. Department labor can come in and say why did you have the form you can have these forms on file you've hired all these thirteen fourteen fifteen year olds in need and fill out the form that's another way that they could prosecute those folks for being bad actors I don't think I want to bring up to tie back into the the child trafficking situation. In Florida where this bill regenerated from that the group that a representative Brooks mentioned they passed a similar law there was a thirteen year old girl that was found working at a strip club. She got in a fight with her mom ran away from home got the job she could find they didn't check for ID they didn't fill out any forms she was working at this club for one month. Before was finally put on the radar of the government. And by that time god knows what's going on what happened to her and as senator Irvin said this is what pulls the man that child trafficking to that sex trafficking it's a very slippery slope and unfortunately there are bad actors out there that will take advantage of these kids they will it's just like that saying it's nine o'clock do you know where your kids are will this form allows parents to know where their kids are. And again if there's bad actors if they don't fill it out that's on them but at least we have a paper trail of what's going on and we can refer that up to the proper authorities if need be. Well you yield for a question yes please thank you senator Boyd you're recognized for a question. Sorry I didn't answer limit or enter a contest senator so. Again this is important issue I don't think anybody at this table is for child sex trafficking in the form of questions so but that said. In this scenario you're describing in Florida is for someone is willing to hire thirteen year old girl without checking an ID is having this form in place really going to prevent that well no it wouldn't but as I said the fact that they didn't fill out the form at all that's another way to prosecute them right because then they could see if there's no law against it they could see what we can do anything wrong where's the culpability right that the the company can say well there's no form we don't have to give them anything so. We don't do anything wrong it's on the kid the kid lied and then tells the true age we thought there eighteen. Basically they have no responsibility in that they can wash their hands of it so again this form allows the government to then come in and say well you were supposed to have this form you purposely didn't fill it out so that's the way that they can hold them accountable. Yes questions Senator Penzo. He brought up the argument that they could state that they didn't know how old the child was is it not federal law that you have to fill out I nine for every employee whether they or a resident or a citizen yes that's correct and senator Penzo I do want to thank you for the record center Penzo reached out to me we had a great conversation about this bill yesterday hopefully we're gonna have some proposed amendments that didn't happen that's all right but I do appreciate you taking the time to talk to me about those concerns it really does mean a lot to our communities but yes they are supposed to fill up that I nine and again companies are gonna do what they want if they're that actor clearly but we feel like this this form it's just another layer of protection right it's just another layer of protection it's a simple form as miss Caroline said it's quick it's quick turnaround. Why why not have it. Why not have it. It's kind of like the if it ain't broke don't fix it right and again if the parents are involved and everything's above board and that's great that's wonderful that's wonderful but for these kids that are falling through the cracks my mom was a psych nurse for thirty two years and I can't tell you she works with kids who were molested abused neglected put through the wringer she told me or stories and I just when I think about this bill and call me jaded but I think of all the bad actors that are going to take advantage these kids that really are a and as the Bible says the least of us that we need to look out for the most. Thank you senator Boyd you have questions. Yes Sir. Again thank you for your testimony I do appreciate it so thank you come across like that you know. So I guess the other question I have is we've we've had a lot of discussion on protections and that's important I don't want to undermine that but at the same token with there's always balance right so there are kids who are struggling that have emotional challenges mental challenges I guess my question if some of them had easier access to meaningful work might that help on that front. I think absolutely but again this is not having this form is taking a walk away parental involvement so the parent actually sent to sign off on anything so what if that kid that you mention that as the emotional issues besides the take off to work in a job that's completely inappropriate or something that the parents would approve of that's that's my concern that that child is already battling these issues I mean these kids if the ready not doing the right thing they're not going to go get a good job at the local sonic for Wendy's they might get sucked into something that's a little bit more Troublesome and put them down a dark path so that that's the concern for us. All right any other questions right C. N. nine thank you for your testimony thank you madam chair thank you Committee thank you we have a Benjamin Washington servants in my Washington here. If you will to state your name for the record you're recognized hi my name's been Washington I work with the Arkansas public policy panel here I guess today I'm representing myself as a member of the community a concerned citizen and someone who's had a long history of working with vulnerable communities in central Arkansas so I'm a data person really like data so I just want to read off a couple few stats here from twenty eighteen to twenty twenty to the United States Department of Labor states investigated four thousand cases found more than fifteen thousand minor at age children and suffer from employment violations the suit that's been brought up several times today about a packing facility here in Arkansas Tyson facility in Arkansas. That suit involved a hundred and two children from eight states all aged eight thirteen to seventeen many of those children were my great use who did not speak English and who probably would be taken advantage of by other business was taking me time say this a permit does not protect you from of workplace violations that that that's occurring I guess my concern as a citizen someone who works with these vulnerable communities is it seems like we're taking away protections and not considering the. Effects of those protections and I understand that this permit does not spur investigation department labor that's a that's a great point the permit that exist in Arkansas right now is a good tool for parents though to spurn those complaints to department of labor if I do not know my child's employed by a company I cannot complain about the rights that my child may have been violated at that employment or during their core courses employment because I just don't know it's happened I've to rely on the goodwill of some other adult in that situation to say okay this is bad let me pull this up to the higher ups so um I really feel like given the nature of employment violations that youth are facing across America and the thousands a year it just seems odd to remove this protection this is a violations that come from chick fillet Tyson McDonald's major employers that many young people work for and that you know that it might be some McDonald's franchisee running that that's doing that but still it's that that's the name of the business and that's who's doing the work so I really feel like this is a bad. Bill for children I think it's going to end up hurting more youth it's gonna open up more youth to workplace violations and it'll make it harder for parents to know or advocate for the rights of their children on the job site okay senator Penzo has a question the manager if you'll take one you know number questions okay I move that question thank you thank you for joining us today said you're kind of a data gap do you know if in these cases if there were just. Fines or if there or were any criminal charges had very said there's so many cases that you know in my analysis of this to you prepared for this meeting kind of stops but what I didn't know that of our later noted in this Packer facility case in particular and other ones in meatpacking bills facilities that the staff force children apply to department of labor about the practices that they were being forced to work under and they tried to coerce these children to basically lie on the record so it there's a lot of coercion a lot of power dynamics going on here that I I think that the law has already recognized the fact that we have to have a work permit first place your knowledge and by that that this is a a voter population of people that need to be protected so why remove it now I guess that's really my question as a a citizen it just seems like amidst all these cases of child welfare violations it just seems weird to remove it and I I just have to know that this is primarily affecting black and brown communities across the country and it just seems like if this were something that primarily affected other communities and may not be something that we be removing in this moment but that's just personal understanding I don't I'm not sure thank you. Thank you senator void where you finish Senator Penzo. Okay Senator Boyd. Thank you and. I'll say maybe I should have thought of this question for one of the two previous people but I'm asking you because you're right you're right now you're giving testimony against it so there's all of this that here's this form and this is how the parents going to know in as I'm sitting here and thinking about my own kids like. In order for them to get paid these days they got have a checking account or savings account there's got to be away so. Are these. Places paying in cash I mean how how are these kids getting paid because isn't there still some kind of mechanism where an engaged parents would know that the child is working. So Arkansas doesn't require an employer to supply a A basically a pay stub so we do not have laws that protect anyone in the state at this time uh so it that in that situation describing a youth needs a bank account to receive a check they could receive paper checks if they receive paper checks when they may or may not be you know taking advantage of a situation because there's no record that they are legally required to receive in order to receive that payment if they get a direct deposit like you're stating that was my first job I started with a work permit fifteen my mom opened up thank Have to a now that go that process from mother to get that bank account they do have accounts that are easier for use to open now days and there are cards they can use to receive direct deposit so isn't necessarily requirement and just speak as someone who's worked with policies over the years who it definitely experience many periods of like take being taken advantage of by various people in their lives this. Permit does a lot of heavy lifting in the sense that it forces a It forces the the parent into that relationship in in a way right now so and my mom was aware that I took that job fifteen she had to know that I was getting payments and she. Paid attention to the relationship if I may use that goes out on my own accord and try to seek employment and is somehow violated on a job I don't have as many protections with if this bill passes because there's no paper trail there's nobody that I can do this on my own accord there's no requirement to get my printed signature there is a note that at the end they do have decided at that point you went to the whole hiring process and you're just signing a piece of paper and I my kids bring me stuff all the time school when I read it you know I try to be a good parent and pay attention to it but you know sometimes teenagers conside you something and you sign it you don't necessarily know if that's my only engagement with their hiring process I I don't know who the who they're employed by or anything like that I'm not as equipped to protect them as a parent so. I think it's just it takes away a parental right that I'd like to see retained as somebody who has an eleven year old who wants to go into the workforce and so. Thank you thank you so much for your testimony being with us today are there any other questions from members of the committee right thank you Sam nine is there anybody else here to speak for or against this bill. Right C. nine you're recognized to close for your bill thank you madam chairman of just to clear up a couple of points I would also note that on the I. nine form it states that employees must complete this form no later than the first day of employment but not before accepting a job offer and when you turn in your I. nine you have to submit identifying documents that can either be a passport driver's license birth certificate other identifying documents that have to accompany this form that goes to the employer so if if if the if you're concerned about the employer not knowing the age that is that covered in that area and I would also say that I want the division of labor investigating child labor problems I want them spending their time investigating these issues and not working on what I would call call paperwork that is taking up their time in away from investigating these issues we want parents involved in this decision making process of course we want them to be the final arbiter of the decision of whether the minor gets a job and not the government if your child doesn't come home six nights in a row and tell or two nights in a row one night in a row until nine or ten o'clock at night and hopefully as a parent you're asking where is my child what are you doing and you're very involved in knowing what's going on then again I would just submit to you that this forum did not prevent any of the child labor violations that we've heard about today that we read about in the newspaper we want the division of labor investigating and spending their time stopping that from happening through investigations. I've also like to say the reason I asked the last gentleman about the a criminal or just financial penalties for the violations I had some good conversations with the miss Callum's Mr price last night and I was you know asking them do you do you think that the laws in Arkansas or strict enough. To protect kids and and it so we're going to look into down the road such a curious if if there's just penalties financial penalties it may be worth to you know to some these corporations to getting everyone so on some violations if there's no criminal penalties in there that might be something we we need to address I think that's that's the side we uh need to focus on not have in place in the government I think this is a decision for the the parents the children and employer to make I don't think the government should be involved if there's of a violation I think it needs to be more strict one of the Mister Mister price mentioned that we had discussed amendments to this bill the the the issue they have is with C. two if you only read half the sentence it's concerning but if you finish it out I think a lot of people the there's a lot of misinformation put out about that and that's that's the section they wanted us to amend and I just wanna point out that's in the DO not codify section so it is not going to go into statute it is to direct the the rulemaking process somewhat the legislative intent was in and I'll read it the Division didn't say anything about the employer should not require that a child under sixteen years of age verified proof of their age I think it's your body stops. Through an employment certificate. As a condition of employment so this is just restating that that certificate shouldn't be involved. In the process of that's. That's a do not codified section it is not directing anything other than the Division on how how to proceed so I understand that it may have caused some confusion with people and that's unfortunate because I think there's a lot of misinformation put out about this bill you know every every legislative session I come down here I run several bills addressing improving the adoption process combating human trafficking and child exploitation of got a few that are about to be filed here in the next week that is that is my passion to protect the vulnerable children in our communities the elderly the disabled well you know I'm gonna disabled sister so it is very important to me to protect our children the disabled and elderly so it it in in my opinion this form is not fixing anything if if we want to fix this problem we need to look at the criminal charges involved with this process and then needs to be addressed outside. This just simply removes the government from the decision making process on whether or not the parents and implored ascetic it can have a job and with that I'd. Be closed unless you're Rebekah something Sir. Los. I'd like to ask make a motion do pass. Okay is there discussion on the motion I'm I wanted just to have a little bit of discussion I appreciate your comments senator Penzo and working with the folks that testified and and attacking the criminal aspect of it I would just encourage this form and. Does have ours listed and those other forms just checking eligibility of age do not so I'd I do think that is an issue and to be Frank because of because of just the safety aspect I wouldn't want my child closing for something that you know midnight not be able to protect themselves or whatever so that's just my discussion In my in my discussion on the motion. Senator love you're recognized. Thank you madam chair A couple of a couple of colleagues and of mine did discuss this bill and then some found that Hey you know what this you know this really opens up the opportunities but then we begin to to really review it in I guess my biggest concern is that you know because in the non codified section and see is restored decision making to parents concerning their children however under this bill it shall can go and seek employment without their parents. I want to make sure that I know where my kid is at all times. I want to make sure it's his it's my job to know that my kid is is getting the job and if they are getting into taking employment and I'm not aware of it that that is a problem for me in so I think it this bill relaxes those types types of this this bill is going to relax that secondly I am in a in the area I probably serve the most diverse community in. The state meaning that I do have a number of south American communities. I have a Mexican community south American communities. Someone some with some that do not speak English hi of talking of talking to the Mexican consulate with people living in the shadows ninety first I just thought that was a catch phrase line okay people living in the shadows then I began to meet with these communities and people of being taken advantage of. And to me that is a real concern with this bill and for that you know among other things I'll be I'll be voting no and I encourage everybody else to vote no as well thank you thank you any other discussion all right all those in favor say aye. And opposed no all right I just have a. Okay please call the roll. You can just start at the top. Senator Flippo. Senator Flippo votes yes senator Wallace all right Senator Wallace votes yes senator king. Senator king votes yes senator Penzo is Senator Penzo votes yes Senator Boyd yes Senator board votes yes Senator love. Senator love votes now Senator Solomon. Senator Solomon. Thank you the bill passes of products thank you. Yes centerpoint. This is a point of clarification and maybe I wanna make sure I understand the rule and maybe I missed something like if we ask for a roll call does that require second. Or is it just one okay thank you. Senator Kanger recognized for a question so like on Senate bill two seventy eight three sets about fiscal impacts I've had one I've got one yet back on the. Okay we'll check on so I'll check it out on the probably last for five weeks so I need to know okay the Committee forget it team. What I'll check on that thank you the representative Lundstrum tear. Okay. House Bill fourteen thirty three. Thank you. Colleagues this is a cleanup bill but it has two things that I think are important to note it does provide at department of workforce services with some confidentiality that they do not currently have when going after fraudsters you don't let them know about how they go after fraudsters so allows them to keep that part private and It also allows them to if someone has a appeal and they've already won their appeal it allows them to stop appealing because evidently that's been a problem in the past with that I'll entertain any questions. Are there any questions. Members of the committee. Is there anyone here to speak for or against this bill. None you're recognized close for your bill. freesheet good vote. What is the pleasure of the Committee. Second all those in favor say aye. And opposed ayes have it graduations you've passed your bill. House Bill fourteen thirty. Colleagues this bill has a breakdown for spots for you it goes from four months to three months when it comes to unemployment second it reduces the new employers contribution rate which currently we are the one of the highest in the country from two point nine percent to one point nine percent which would make us the lowest of the low was third and reduces the penalty rate from fourteen percent to ten percent which is again one of the highest in the country and it puts us at a serious disadvantage when competing for businesses to come to Arkansas. It also reduces the stabilization tax from point two percent to point one point two five percent in FY twenty four and that in FY twenty five it would go to point one zero percent it has no fiscal impact the senators reduces the tax rate for the employer by about thirty one million and currently are Trust Fund is quite hefty and consisting this quite well I also want to thank partminer fork for services for their help in putting together this bill with that I would entertain any questions bank chairman thank you are there any questions for members of the committee. It's my understanding that I think there's like one billion dollars in our trust fund nine hundred and something and change and projected to be clearly like a an additional two hundred million that's what I was told yesterday that is and so members I just want to give a little bit of history here when I was elected in twenty ten we were at a eight hundred thousand dollar deficits that we owed to the federal government. That is incredible work by this legislature you have to understand the hard work that we with the business community and our state agencies back there did a lot of just really really hard work on making sure that the unemployment fund was stabilized and Senator Flippo was here during those discussions to remember and we were facing an eight hundred thousand dollar bill that we had to pay to the federal government so to know that we are now. Topside yes and almost reaching one billion and that fund is pretty remarkable so I think it's just good work by this legislature. Fitting that pain being conservative and put that in place and then also making sure that our business community obviously they stepped up and we partner to and they they did a great job fixing that with us. Any other questions comments statements or. Senator okay so. Again this month month thing with with the bill and bills like this and because I was I was also I came in twenty eleven when we did all the federal government a substantial amount of money However through those times we have reduced the amount of benefits that we've given families families are in need the most and I I mean while we do have a hefty Trust Fund we continuously making and to cut benefits to for families who need to the benefits. When it's necessary and so I truly are I don't understand I understand about Making sure that businesses can thrive and be competitive. But. I don't share that sentiment when it comes to Arkansas families I believe when families hello somebody's working in they become on employee they need to get the benefits so that I can make sure that they get back up on their feet. I personally have worked and I personally have received unemployment benefits and they help me get back up on my feet but when you don't have enough weeks there. You know it makes it hard for families so I don't share the sentiment of of actually continuously cutting benefits to families that actually have worked to help put into the system along with the employees employers. In the car in the district times they need those benefits inside don't share that I don't share the same sentiment yes I'm glad the Arkansas nine hole and I'm glad that you know we have a healthy trust fund but we've done that through cutting benefits to families when they most when the team needed the most so with that you know that's my comment thank you thank you senator if I could allay some of your concerns first of all when we have five months of unemployment people tend to go back to work and month for men four and a half we had four months of unemployment people tend to go to work now it's it's shortened now we're going back to work at eleven point seven weeks so every time we short it people tend to go to work faster and we have a shortage of employees now their jobs begging for people in fact they you know even the Donald's is now offering a five hundred dollar bonus so kids have it a shot at getting a job wherever they want to work so I understand how you feel but we have and it's it's so bad in some parts of the state that we have actually have an app that's updated every night desperate for employers to have good people to come to work so there are options for people if you can show up. You've got a job in Arkansas so there's that hope in their state help for those people so three months of unemployment is still a very generous three months. That helps thank you any other questions members of the committee right C. nine and close for your bill yes ma'am all rights what's the pleasure of the Committee. The motion to pass second. All those in favor say aye. And opposed. I have it congratulations you've passed your bill thank you colleagues thank you for your time. Okay. We've already run the house bill fourteen fifty eight we just have a few I have two bills I believe that with our agencies and so Senator Flippo human to take the chair for me great we're just playing musical chairs today and public health. All right Senator Irvin he'll introduce yourself for the record and then. Your guess as well and you will be recognized perceive your bill and thank you to start off with Senate bill three twenty one to twenty three three twenty three twenty three all right members Senate bill three twenty three. Go ahead. Good morning my name C. Gunthorpe with the Department labor licensing welcome thank you I'm gonna go ahead and let him describe the bill and okay three twenty three. The elevator. Morning apologize committee this bill is basically simple language clean up as far as the elevator safety board requires the US secretary of labor licensing to serve on the board this just adds the language of a designees so he can serve he or she can serve or their designees and that's all. Are there any questions for members of the committee. Senate questions any by Senate speak for against system seen by signed up so with that Senator Irvin you'd be restless your bill thank you I close I make a motion to pass we got a motion by Senator Irvin second by Senator love all in favor please say aye. Post resolution center your bill passes and then next Senate bill three twenty one thank you sure okay again this is just a cleanup bill as far as the a collection agency a board Mr just to make sure that just a few introduce yourself each time we do a bill just without policies yes the Gunthorpe with the labor licensing yes this bill recall involves the collection agency for this language came from the board itself it just VOL some clean up language in particular to some of the membership on the board it doesn't reduce the membership there is just some requirements as far as where the governor would choose from a some collection agency associations those associations really do not have a presence in the state anymore so it just makes the governor's appointments a little more Vegas for as collection agency representation and there's just some other clean up language as well okay. Receive her an explanation of the bill or any questions from there is the committee. All right see no questions are hereby Senate speak for against middles anybody Senator Irvin B. recognized close your bill I'm close motion do pass on a motion by Senator Irvin second senator Boyd all in favor please say aye aye opposed congratulations center your bill passes and then the last thing you're gonna be running a house bill fourteen forty five yes all right Senator B. B. recognized perceived house bill fourteen forty five okay thank you members this is a bill that we've had before us in the past I just wanted to say that the system living association is supporting of the bill and I appreciate their work with us on this what this bill does is requires assisted living providers that accept Medicaid to report their operational costs of the state similar to how nursing homes are required to submit their cost to medicate these Medicaid payment rates forces living there set based on what it costs the provider to care for Medicaid clients and so right now Medicaid must rely on cost out of that providers momentarily submit in response the survey's the issue has been at the response rate for those surveys hasn't been very high so they really can't get a good a good grasp on on on generating that rate in a proper manner because of the lack of response of the surveys so what this bill does is it requires that that we have those costs reports submitted so that we can actually base our rates on the best knowledge and data that we can that's what the bill does all right members you for an explanation of the bill or any questions for members of the committee. I see no questions is or anybody signed up to speak for against does anybody signed up so would that Senator Irvin B. recognized plus your bill I'm close to and make a motion to pass got a motion from Senator Irvin second senator Boyd all in favor please say aye aye opposed resolution center in your bill passes okay thank you. When I think Senator Flippo Senator Wallace answers all of them for taking the chair to it's been a busy day as or any other business to come before the committee any other yes you have one. Fourteen sixty. Okay House Bill fourteen sixty. Senator David Wallace District nineteen. Okay please proceed. Members this is about helping folks. They have had a drug abuse problem. the person that can help. Person the most that can be a good counselor in this. Is referred to as a peer support specialist is someone that has been down that road someone has used drugs someone that has come out of that someone that's clean. They know what it's like to be. Burdened with drugs they know what it's like to come out and I know how hard it is that's the type of person who can best help an individual that suffering from drug abuse right now. This bill will allow DHS to make a decision on whether a person is qualified to be a peer support specialist into the canon revolves around the term violence violence that the term is pretty wide. Has a Brad Board of of definition it can be somebody. Shooting. Or can be somebody if they want to play that uses to extremes this bill simply allows our DHS employees to interview and determine if that person's background will qualify them to be a peer support specialist. Bill was written by retired captain or the Arkansas state police my good friend or what Tosh. It passed to the house. only one vote was against it. It's a good bill that would help our folks in the help the most. Thank you. Are there any questions for members of the committee. Three nine I'm assuming the hours with DHS this. Excellent any other questions or anyone here to speak for against this bill. C. nine U. close for your clothes and. Motion to pass second all those in favor say aye opposed ayes have it congratulations you've passed your bill. Sir Boyd. Your I'm done. before you gaveled out I wanted to ask yes we have bills pending fiscal impacts to have any kind of timeline on them is have this out by the end of today I believe we will get those to you today so and and then yes we'll get this to you today and then you can contact us and members we are going to meet Monday at ten o'clock because we do have some people that asked to run their bills on Monday at ten so this committee committee meeting will meet at ten and so if you have one of those bills you want to get with me and we can schedule that that's fine just let me know when you're going to run that bill after you get the fiscal impact statement that may that may change you know you may want to. Depending on the fiscal impact you may want to change language I don't know but will just give you the time you need. I want to receive that okay so but we should is receive a fiscal impact today if that I believe that I believe I'm not gonna state is that correct organized you will have those finished or by the end of the week. Some are done vote not all right I believe there may be one or two that the may be used to that the day's work or so but we'll do our best gives me those out today And anymore within sixty or so okay perfect thank you any other any other business to come before the member that members of the committee all right C. N. nine thank you all for your adjourned.