Public Health, Welfare and Labor Committee- House

House bill eleven ninety seven represent under what are you hearing prepared to present your bill welcome to set the table and present your bill. Thank you committee can that anyway District sixteen. If this is my interview ghosting prohibit prohibit mission on under guesting alternatively if you any of your Seinfeld fans this is also my vandal industry bill There's the episode where George is trying to get out of getting a job and try to get continued as unemployment benefits any pretends like he has an interview within the industry so this is to prevent those bad actors currently according to state chamber we have approximately sixty thousand unfilled jobs and workforce currently and right now you can drive any almost anywhere and see help wanted signs and despite mixed economic news the national level employers in Arkansas are looking to grow and expand but a huge ofschool tech economic growth in Arkansas is access to ready and willing workers currently there are ten open jobs in Arkansas for everyone person applying for unemployment benefits unfortunately there's things we can just policy makers that promotes employment and boost our state workforce. Arkansas as you are program provides temporary financial assistance to recently unemployed workers to no fault of their own find themselves without a job. Federal law establishes broad program parameters and requires all unemployment claimants to be able to to be able and available to work for work this is the enforcement of that requirement is left up to the states. In Arkansas we require claimants to look for work to be eligible for weekly unemployment benefits benefits are suspended if the claimant fails to look for work retains the turns down a job offer from an employer. Unfortunately across the country we've seen a rise in the number of people who simply never responds to employers offers for employment that may not turn down the job they just don't respond ghosting an employer and leaving them in the dark as to what happened in other instances prospective workers simply skip interviews not bothering to show up though they submit a resume and skips resume and schedule interview and this occurred according to USA today this is not a problem prior to two thousand eighteen and it was just worse after the pandemic with some of the things that are coming down from the federal government. So basically what this bill does it is addresses this emerging loophole and unemployment insurance programs by prohibiting ghosting any claim if you failed to respond to an offer of employment or her skips a previously scheduled job interview loses a week if you have benefits elements eligibility it's simple. If you're if you aren't going to work or make an effort to find a job in response to a job offer of employment you don't get the benefits for that week. also point out that nothing in this legislation changes existing provisions that requires a claimant to accept offered work the the definition of suitable work in the current process for conducting research is not touched by this bill and finally I'll say I've worked with the state chamber of the grocers and the division of workforce services on making a a slight amendments to the bill with that amendment there in favor of this bill this time and with that I'm happy to try to answer any questions. Are there any questions from the committee. Represent is authorization you're recognized for a question thank you Mr so it looks like currently the law says to that the director can can completely disqualify an applicant from from unemployment benefits if they don't accept a job if they don't apply for a job or they or they don't accepted a job is that uh then they can just unenforceable isn't what we're doing this or we just not doing that now and it looks like your bill even backtrack says it gathered just disqualifying them for that week if they don't follow through with this right right that's correct so they're required to look for Donald I wanna make sure please correct if I don't answer questions the required to look for a job the problem that we've had we've seen is a lot of people schedule these interviews and then they they look for a job that met the work search requirement activity but they don't actually show up to any interviews at all and so this is basically giving a tool for employers to submit this the online portal that we already have and say this person's for not sure of this interview that that repeatedly and you wouldn't lose your benefits completely just lose it for the week that you were searching for that we're trying to get a job essentially how that kind of answer questions not. The. Yes some somewhat but I mean I guess right now it's so if you if that person didn't respond for an interview is that not the same is not accepting the job. Well I mean they never never they would never actually get offered a job because they wouldn't show up to the job interview okay so it's somewhat unenforceable then currently this just adding some type of enforcement mechanism okay thank you. President Vladimir recognized thank you Mr maybe it's in the bill here but I don't see it but so someone schedule for an interview and they have good reason for not showing up is there a way that they can be not not be not lose the pay that yes I'm glad you brought that up actually I think it's maybe on the second page the bill there is a provision about rescheduling the interview so they have the ability if you just if something comes up university or something you can reschedule interviewing that it wouldn't be penalizing you for that. Okay thanks thank you the question resent Wardlaw you're recognized for a question. Thank you Mr I actually really like this idea I just I to want to follow represent Gonzales is questioning. I just hope that a week is enough to get their attention because what we see is people combine the apply now apply and you can't get him come back and it just seems like we can go further this week I'm going to support your bill will vote for it I'm all in I just wish that there is a reason we can't go more than a week amended apartment ask you not to do more than a week I mean what what what you come up with this act now and I mean I appreciate that that sentiment I mean I wouldn't be opposed to trying to strengthen it but I guess I would just say on that I mean if they repeatedly say that week after week after week they're gonna continue to lose those benefits so I think you lose it for a week and then the next week you're back working to get a job and that's fine you can go back to it but it also is going taken employer that will report that missed interview correct so I mean we're kind of asking everybody to participate in the program to be sure and penalizing for that week and I read and I know you're right in that that was them in a minute I made originally had a a provision that says employer shall report this not change that to a may because I didn't want to put any burdens on employers so this way is a tool for employers to to follow this process that they would like to and I can mention the state chamber after me that change they were in support of this bill so I'm just I'm just I guess I'm just trying to fix the problem a recurring problem we have the best that I can take some steps in the right direction and I and person for life I do appreciate the if there's anything we can do to make it better or to do something down the road the strength and I'm all for that. Thank you. Any other questions from the committee representative Allen recognized for a question. Thank you beating. I was close it was tight. Toggles of free there we go. Thank you Mr chairman my question to you is do we have any real evidence of proof of ghosted. What is that's or anything but I would say just from talking to employers and talk with the state chamber in the stuff you I think yes absolutely we have have reoccurring instances of people who consistently don't shut to interviews on the after they schedule them. So we we actually don't have anything in writing to substantiate that that's that's not my question it asked me if I have any documentation to provide you of that yes so either the dog to issue because you probably went down to a on this implore years have any real documentation that can prove or demonstrate that we are actually have in the form of ghosted yeah I mean I don't have I don't have that for you I know you was yes I will read this for you though and I stand on this matter you just a second time this is a from the USA today in two thousand eighteen so this is prior to the pandemic and they said a growing number of applicants are ghosting their their jobs blowing off scheduled job interviews accepting offers not showing up the first day and even vanishing from existing positions all without giving notice that's a quote directly from USA today two thousand eighteen. But that was from twenty eighteen correct within twenty twenty one so I guess what you're saying twenty twenty three I'm sorry I'm person on behalf I'm with you okay but what I I guess what I'm saying is that. I was hoping that we had some evidence other than something that happened in two thousand eighteen. Sure and so I would just say that at eight I think the problem has gotten worse since the pandemic and I think we've all seen evidence of that or we've had talked to constituents are district or business hours are district you've who've expressed those concerns so I know I certainly have so I believe that the situation has gotten worse since two thousand eighteen the problems the process but even if that's still the case this at least allows a level of accountability to ensure that we don't have that problem again reserve that we have several others not represent them I put you back in he represented Ferguson you have a question you're recognized for a question. Thank you Mr chair of representative under would I noticed in the bill is a procedure already in place for the department of workforce services to figure out what is the information that they're receiving from the employee's Akron at which you happen to know kind of what it perceives years or maybe somebody from work with services condemning yeah I ask that question because of in my previous life when I was a chore Director sometimes I would have problems with the Department is given out to information that effected in apple could adversely. Instead of going to my office and I had to correct it so I know there's a procedure but I don't remember quite in the law would it is now yeah yeah I know I appreciate that question as well there is a procedure I probably not the best person to give you the ins and outs that procedure I will say this bill obviously codifies that gives you codifies that portal the online for the having allows them to to verify that but I will tell you that Division workforce services work with me on this and their support of it and I don't think you're not but if if they may be able to land some additional information on that if they are so. This is here is if the can I ask if anyone from the Division workforce services you can answer that question yes you can come to the table okay. In addition to the committee. Good morning Sri shoulders director division of work for service you're recognized. I understand the question is is there procedure that we currently have in place for employers to report individuals that failed to report to work is that correct yes that's correct okay a yes we do have a procedure for that others online form where the employer that a report that information to the agency and then they obviously don't know if that person is receiving unemployment benefits were not so then we determine out of those that are reported from the employer how many of those are receiving unemployment benefits and then we follow up on those cases where they are receiving unemployment benefits with the issues that you've discussed here in this committee. Of one follows Mr as adopted children this is the agency take the word of the employer or Pacific Lee. we do what we what we would normally do one on any unemployment issue where an individual has has or has not completed the requirements we would talk to the employer and to the individual receiving unemployment benefits so there would be a process in order we're in order for us to determine any conditions that might allow them to have exceptions as you all have mentioned earlier so we follow up with the employer and the employee and the job seeker okay thank you Mister RepresentativeHouse you have a question. If I Mr just asked one of them but. On on page two. lines three through five this is if found by the Director of the Division workforce services in an individual shall be disqualified if he or she has failed without good calls is is good because defined anywhere or or do you just decide what good cause is no good cause is defined by unemployment low by the United States Department of life okay thank you represent gross you're recognized for a question. You resent letting you're recognized. Thank you Mr up lock jewelers do you get a lot of this information from employers where they report that people didn't show up is I know you can call the number but I mean they do that quite often and very often. we do we do to keep up with that information last number that I had was one hundred and forty five unique employers so obviously that's not all of our employers in the state of Arkansas and so then that way will allow those employers to that are reporting this to continue and we hope that it that it will encourage those that haven't been to report that information. Resent Allen you're recognized for a question. Thank you thank you Mr chairman I'm glad to see you here thanks to this thank there seems to be a number of job vacancies in the state of Arkansas I think of a resident was said it was sixty thousand vacancy. Is there any reason why. People are not applying for work all the is this post friendly of free people's front pre pandemic what what's what's the reason. Well I will say just anecdotally that the information that we had prior to the pandemic there are approximately the same amount of jobs that were open what we're seeing now is that uh individuals have chosen not to go back to work or they're being more selective on the job that they are being that they're applying for or being offered they're taking into account a lot of different things that we didn't have before the pandemic so I think it's more challenging now of than it was before the pandemic because employers are demanding more things like remote work for example and so we're hearing the same thing that you're hearing and what's being reported on national news minutes across the country but as far as any specifics specific data that we have from jobseekers it's you know it's it's all based on hearsay speculation and then what they're what they're telling telling us possibly in a in an audit. President Gonzales you're recognized for a question thank you Mr so you just brought up more questions for me on the on the good calls because you're saying that these employees are being picky about the applications of their accepting so what are some of those reasons that would fall into that good cause that they could not accept a job offer he said remote work is that is that good cause because an employer doesn't offer remote work they cannot accept a representative Gonzales I was speaking to why people are applying for the jobs at all no instance Airlie those receiving unemployment benefits I can definitely send you the information regarding the cost of that to be clear I was just speaking on why people aren't applying for jobs in general not necessarily those receiving unemployment benefits okay so. And so that would not be good because then it. I repaired to define good cause I didn't bring that up law with me and those that definitions that but I'll be glad to send that to this committee if you would like that now if I if I buy and I just say that I referred this question I will say the the good cause item is already in law that's not something that that's being changed in my bill but yes indication understand I appreciate the of just wanna kick can we change it because I'd like to say that just struck out completely if if we can discuss that may not work thanks. To hear speak against and for the bill. Sing NO one was little committee. Are you closing your bill represent under hi I'm close I greatly appreciate questions uniformis no thank you we have a motion to pass any discussion on the motion. All those in favor say aye. All those opposed yes having congradulations representative with the passing of the chair thank you may appreciate yes. Members are gonna pass over at house bill one one one five you will proceed to Senate bill six the thing Ripley Wardlaw step that is going to present that bill how about we go to represent Tasha you hear representative Tosh. So representative Tosh are you prepared to present house bill one three four zero. I am Mr you're recognized to present your bill thank you Mr. Committee members I bring to you today house bill thirteen forty as many of you on this committee know that a lot of bills that we run is legislators are issues that's brought us from some of our constituents and this is exactly what generated this piece of legislation I had a combat veteran they contacted me he was trying to he was in the combat he his vehicle ran up on mine and he ended up being paralyzed from the waist down many of us know story after story like that concerning our combat veterans. But what he ran into is why I've had to give him full time care he had three kids and so he applied for through the snap program for to try to get some help with food stamps. But he was denied or disqualified from that because his monthly income exceeded the amount that the federal government allows you to make to be able to qualify for that program so I work with DHS we looked at it because it's a federal program and really not anything we can do here at the state level to correct that so in corresponding with DHS and trying to get their guidance and advice as to what we can do to address this issue the only option we fell out we had was to ask the federal government for a waiver not to count the disability income for our combat veterans against their total of monthly amount that would disqualify them all qualified them for the snap program so what this bill will do it will allow the DHS will have they'll have legislative authority if we pass this bill it will allow them to make a request to the federal government to seek a waiver to not to camp out of combat veterans disability check against me lap when they apply for the state of for the approach now up for the food the stamp program. Members you have any questions from the committee represent road you're recognized for a question at the proper proper time make a motion to pass. The rivers and you're recognized for a question. Thank you Mr chairman of snap is a hundred percent federal money so have there been any other states that have had this kind of waiver approved to use federal funds no it is correct it is a hundred percent federal program to my knowledge I don't have any knowledge of it in another state is already tried to save this waiver that's reason I kept this bill narrow in scope I know it's a difficult I know it's a long shot but you know these veterans Tucker shot for us so I'm willing to take a shot for them. Could I ask a follow up that are you are you asking also to waive time frames you know like for you know regularly they would meet someone without children only qualify for like three minutes of snapper you can ask for a waiver on the amount of time they can say on snap as well or are you just are you just asking for a waiver in its undefined at this point is we're asking for a waiver undefined to disappoint just to to make sure that the disability check is not counted against a grand statement does it does qualify it regardless of how much that's groups ability they might because when some veterans make a significant amount of money. disability but regardless of the disability amount if you know if the other income puts him over that amount then obviously they wouldn't qualify so wishes to eliminate the disability that received from a combat injury. Regardless of the amount regardless thank you represent there you're recognized for a question thank you Mr chairman represent tossed if they if they apply for the waiver is granted for the snap program well that. Also allow them to qualify for a medical savings program Medicare savings program I guess we had to be that you would just say what DHS as for the waiver right now the conversations I've had with the agents have been just ask for the waiver to do not count the disability check against amend the request personnel okay all right thank you but. I see no further questions everyone here signed up to speak for against the bill. Representantes you're recognized close your bill Mister chairman I'm close with the bill committee I appreciate a good bill. The wishes of the committee. The motion do pass the discussion on the motion. All those in favor say aye. Opposed C. nine you've passed your bill representation graduation statement your committee thank you. President what are you prepared to present Senate bill six. I I got faith in the. Well you're recognized president Senate bill six thank you Mr sack this is where you can whistle. So member Senate bill six pretty simple is the law less than a half page it just says one say contractor reaches age sixty five if they've been in business less than twelve years they qualify them for a lifetime license of sixty five dollars just give them immunity from the test and munity from the annual requirements I think we owe it to those people that are still out there working to make it less red tape and easier to keep the licensing keep going and working for our good situate sits to constituents in Arkansas without answering questions. Receive Ladyman you're recognized for a question thank you Mr resent Wardlaw I mean how how would you determine that twelve year period I'm do you have to be actively being contractor or could you have had a contractor license back in the eighties and yes done in a while and you can go plan for this and get it now no Sir well I read the bill it's it's an active license kept active for twelve years consecutively and it have to be consecutive to the time you turn sixty five you can't just give it if he had it consecutive for twelve years back in nineteen ninety. With the supply I think it would. Okay that's my question thank you. Risen Gonzales you're recognized for a question thank Mr my question is is starting on line thirty four that they have to maintain the bonds workman's comp and all that stuff do they have to report to the contractor board that they that they've kept up with all that annually or if they decide that if they don't want to do that do they surrender their license their lifetime license do you have any idea how that works. I'm not sure practically out works but they would be liable if they let it drop and they kept performing the duties of a contractor without the bonds so they went to your house and they had a lifetime license and they did not have a bond then when you complained on to the board they would absolutely be liable for all that work. But I'm not sure how the reporting process works representative eleven can be in here today so I told him I'd run a bill form okay yeah I mean I just wonder about some of that you know how how that how that's going to play out you know how they're held liable. For those things if they are out there. Performed contract work without on yeah how are they held accountable for. I'll get you that answer representative Allen you're recognized for a question thank you let me see if I can help you out I'm actually a contractor in order to maintain your over the age of sixty five right I. It applies to me. I do too that's going. I'm here for you okay one of the requirements with the contractors board is that in order to have a valid license contractor's license you have to maintain your general liability insurance you also have to have you your workman's comp insurance so in your vote see I tell you vote so the contractors but we know if you have that or not because you have to turn that into them and then they will validate your license and then they would issue a license in every year when you renew your license you have to do this read repeat the process again so there are some checks and balances so just the average person can't say well I have my contractor's license you have to meet those requirements also. You're recognized service officer thank you Mr yes so again I'm and that's my concern because right now the checks and balances or the the contractor board won't renew that license they won't re issue that license but here we're saying we're giving them a lifetime license why would the contractors board follow back up on that if it's a lot of time license how does that reporting go down this is what I wonder. Yeah so I have a question as as I read the bill represent Wardlaw I don't I don't see that it changes any of the regulatory checks and balances are not places only it only waives that annual fee so my assumption is that the requirement to report liability and all the insurance requirements would still be there and the ability for the board to revoke a lifetime license doesn't change in how I read the language I just degraded and not six same answer I got if you look at it actually names out of statutes in line two on the second page so it it doesn't change the reporting are the requirements it only changes the fact that you're not paying an annual fee. The questions from the committee. Senate one hears that to speak for against the bill. President what are you closing your bill I have closed and I make a motion to pass a motion to pass all those any discussion on the motion. All those in favor say aye. All those opposed thank you Mister Committee graduation you pass the bill Committee I think that does a completes our business for today we're gonna have a pretty busy day Thursday we're gonna have at least six bills I think on the agenda for Thursday to run that also think we'll be able to get through all those bills because of a lot of faith and confidence in our ability to the good work so as far as timing of the meeting we've been meeting eleven as the houses and as a whole if we meet eleven looking at the bills there's a chance that we might meet earlier than ten so just kind of stay tuned we'll look at that depending on how much more bills fall to the agenda I'd like to try to hear as many bills as we can on Thursday and so just kind of keep an eye out for the timing of the meeting will will adjust based on factors yet to be determined any any other questions or business from the Committee forager representative you're recognized I just I don't know if I need to be a motion operative removed fill. What ten oh six from the special order to Thursday yeah we'll put that on for Thursday okay I just wanna make you aware and reserve Ladyman I believe you have a bill going to put on for Thursday to so that just keep it on the agenda there can be several appearing on the active agenda in addition to the ones that don't special order for the not. Any other questions from the committee. Seeing none who were meeting adjourned.