ALC-Administrative Rules

Community correction facilities that are on probation and also parolees and additionally the policy allows the appropriate division director to approve Temp request along with the communications director generally the communications director is the one that you would contact if you would like to request a tour but division directors also routinely receive those so we just adjusted the cost of the policy to account for that moving to the Division of code recognition administrative directive twenty two dash fourteen this is covering inmate footwear it was revised to increase the maximum value for ten issues that are sold in commissary the policy provided that it was fifty dollars it has increased to eighty and this is due to vendor raising prices administrative directive twenty twenty two dash fifteen concerning health care copays this policy was updated this state specifically that the eighty SI will at a minimum provide and medical dental and mental health to all inmates within its carrying capacity there is also provision added to account for the potential for electronic signature regarding copays instead of our standard paper forms that we've been utilizing. Eighty twenty two dash sixteen concerning an I'm sorry secretary. Give me the the paper clips or what informations on the paper clips would you tell staff Hillman please. Sure Rebecca Miller rice with the bureau you before you in your packet you have a summary that the department has prepared of each administrative directive in its sights to the different page numbers the actual directives just like our actual rules are all located on the paper clip for this meeting that you can access electronically on the website. Okay our just wanna get that after go ahead sorry. Okay so AT twenty two dash sixteen this is concerning inmate name changes so this was updated to state that all financial obligations necessary for name change are going to be borne by the inmate requesting that name change and then also kind of sets out some general policy things for our department once an inmate has received an actual legal name change if a unit receives that court order than it has to be sent to our centralized records department so that they can effectuate that name change in our system. I'm AT twenty two dash seventeen M. as governing the inmate work craft program this policy was amended to add some specific acceptable methods of payment a cashier's check and money order no cash will be accepted so that if you would like to purchase an inmate work craft you will send it also to make it payable to the inmate's name and ADC number so it can be attributed to the correct account. Eighty twenty two dash eighteen covers inmate access to information technology it's an existing policy would change the name and we did some updating to define some terms that maybe were already included in the policy but we're not specifically defined the last one for division a correction is eighty twenty two dash nineteen this was the inmate classification manual it was updated to reflect existing language in an Arkansas Code section twelve twenty nine two oh two and just specifying for classification purposes it will be limited to four classes and as we are classifying inmates when they come in we're gonna look at good behavior good discipline their medical condition and their job responsiveness and voluntariness for rehabilitative action. I've got one more sorry for the division of community correction there were node ministry of directives issued between July first and September thirtieth of twenty two and that concludes my report for the department of corrections you should have an auctioneer sorry. A couple questions yes okay well I'll go to members first Centers level buildings that you were here and there you go I should be recognized thank you Mr chairman. Our can you give an example of of a divisive concept. The music grant funding being used to promote a divisive concept. Let me pull the policy at I don't know that it includes examples we try to stay as close to the. Code section as possible we did include the definitions from the code section in the policy to define what a divisive concept was instead of trying to give a I guess an example if you will but just to specifically follow the code section which says divisive concept means a concept that is one race or sex is inherently superior to another race or sex just going through all of those things race and skate six scapegoating and things like that. We just followed along with the is there been a problem and in our correctional facility with that no Sir we have not had something use came up with no Sir we did this pursuant to the the law that was passed in twenty twenty one all right can you give an example of wine the inmate would need a name change. No Sir I can't give you an example of why they would want for one sometimes they just would like to have their name change to something different and I'm sorry Secretary graves is coming up to help make sure if you put your name and title for the record please members for his speech let me just make this observation we're in very close quarters in here we're not used to being in here with the large number that we have on rules so as far as a sidebar conversations either if you keep it to wish for use one side rooms behind us please that's from the chair and the code or a mistake you would you're recognized self name and title for a record please Sullivan great state your corrections Senator Stubblefield the two main reasons our of of four of us so would invite religious reasons and also for marriages while in custody. And that's self identified religious reason yes Sir is to change the name that came with the birth certificate yes Sir. Can you give me an example of a religious title is is it a title there and to the often you'll you'll have a inmates who may say that because of their sincerely held religious beliefs which the Department rightfully does not regulate that they want their name change they don't feel like their name is reflective of their sincerely held religious beliefs may be an issue of conversion from a face that they were born into and they want a name that reflects the faith that they now subscribe to resolve this is doesn't have happened frequently does no it is it's a matter of course within our business but we're we're not dealing with name changes every single day Sir thank you Mr your. All right of I've got a question and is on the footwear the. The job went from fifty five dollars the pair to eighty dollars a pair. Are those of the converse or they inflation be quite on is of costs from our our commissary vendor cure is the material proper cares the items for sale and then passes that cost of one to the customers once unfortunately our of offenders in our prisons and centers are having to deal with the same inflationary pressures that we're dealing with when we go to our local grocery stores or big box retailers. And I just a we will have a sidebar conversation they don't They don't have much of a choice when it comes to shopping selections of those just per significant jump there is a so we'll have a cyber yes station is that across the board on the other items that are being provided to the inmates are we seeing that kind of an inflationary jokes yes then yes Sir and and that's something that we can provide to staff afterwards our current priceless okay or any any other members from any other questions from committee members regarding the report that's been read. Okay then without objection this report will be reviewed and filed. Right to the parole board yes Sir okay Lindsey Wallace chief of staff and for the department of corrections this one's really short at the parole board did not issue any administrative directives for the quarter ending September thirtieth twenty two. That concludes my report okay with that object any questions remembers. They without objection report will be reviewed five thank you senator. All right next the item a department of corrections we're gonna take the one in your agenda and it's gonna be the minimum standards for adult criminal detention facilities. They all recognized and if you got somebody new coming to the chair name and title for the record please. Good afternoon my name is sterling panics coordinator of detention review. Okay you are recognized. Thank you again Mister Mister chairman I'm a start all of before the subcommittee today are a revision to our minimum standards for adult detention facilities of these would commonly be referred to as the county and municipal lock ups in your districts last time the state adjusted the standards were in twenty thirteen in the current US standards set that went into effect in January of fourteen what we tried to do with this revision is a roll back areas where we provided a of of level of specificity because one of the things we've heard over the last almost decade in and rightfully so is that a jail in council acts is going a little different than a jail in council Y. and while they may be achieve in the same of functions in their areas of responsibility how they approach those functions are different so we wanted to give your sheriffs and jail administrators the flanks stability on a local basis to address issues as they arise additionally these changes reflect Legislative of requirements that have been in place since that have been implemented since twenty fourteen that we have an updated standards to reflect those examples of that are legislation related to housing restrictions for pregnant and postpartum detainees or the shackling of of pregnant and postpartum detainees along with us statutory requirements regarding the provision of necessary feminine hygiene items all of those things have been passed by. The General Assembly since twenty fourteen but had not been updated and to our minimum standards and then finally what we tried to do this is take this opportunity to look at how our region is approaching these predominantly are border states and take the good that those border states are doing in terms of how they are approaching their minimum standards if they have minimum standards and reflect those and that in these revisions We also want to make the subcommittee aware because this is a substantive we write we started working with your shares in jail administrators on these back in the spring of summer of twenty twenty one we made them aware that we were going to begin this process and been working with the sheriff's jail administrators consistently since that time and I think we've made about five different revisions over the course of the last year and a half getting to this point not speaking for the the association but at this point we're not aware of any known opposition and last conversation we had with them earlier this week they were comfortable with where the standards are in the current draft will be spending next malls training sheriffs as part of their new share of school and we plan to make these effective January one of twenty three and began R. twenty twenty three standards standard review cycle which under the law we have to of visit all detention facilities once a year so will begin in the twenty twenty three cycle applying the standards. Of Mr with the there's a specific question all will. Take those okay any questions from members. Right subject to the rule be reviewed and approved then thank you all. Right one to department Education Division of elementary and secondary education. And can be a rules governing succeed scholarship program. Good afternoon if you would name and. Title for the record please or good afternoon courting solace for chief counsel for the department of education these are the divisions rules governing the succeed scholarship program which were amended to incorporate ACT six eighty nine and seven forty one of twenty twenty one regarding eligibility for children to receive a scholarship following public comment only non substantive changes were made and we are seeking final approval and I'd be happy to answer any questions any questions from members. The. The representative rate. Good afternoon I just wanna see if you could can you tell me can you give me a little bit of context or explanation for the language on seven dot zero six dot three it talks about. Potentially complying with a federal court order federal administrative order. So that is language that came directly from this statute but essentially saying that the only way we could use a weighted lottery process whereby any particular group of students would receive greater weight than another is if it was to comply with such a court order to our knowledge there are nine that are in existence at this time that's just language that was in the statute okay thank you. All right any other questions regular members. Nobody signed up to speak for against them without objections will be reviewed and approved thank you thank you and we're on to. Department financing ministration racing commission. Afternoon German Joe would name and title for the record please. Byron for you with the Arkansas racing commission. Skip able with Oaklawn. Good afternoon Joan would present and this is thoroughbred rule. Twelve one seven dot three shockwave therapy. Most of these rules well first of all what we were docked roasters racing commission be talked to climb H. PBA which a horse representatives and make sure that everybody is on board it has an interest before we even come before this committee or presents a rule so we did that in this case also in most of these rules were presented by the HEPA or Oaklawn and. It also they wrote also present because the new federal legislation comes into effect January one of two thousand twenty three. Wait in Arkansas we say here so some people say hi so. health integrity safety regulations but by the federal government gonna take over racing starting July one the takeover all drug testing and they'll take overall safety issues and so we have alter some of our rules to make sure they comply because we we have racing in the month of December each year so that would be before the his or house or rules take effect. In the first row is twelve seventeen point three it prohibits the use of a extra corporal shockwave therapy unless it's done off the track you have certain regulations of action notify the. This state within forty eight hours in the attending vet and the trainer can be sanctioned if they fail to notify the. The state that you're using this shockwave therapy off track they can't do it on track anymore this is complies with his or we believe our representative Jean. Thank you chairman I'm over here of the federal regulations is is our additional calls to us to and and water we were I'm assuming we're not getting any federal money to pay for this call and what about what is the average cost increase in how we go to fund it what they come up with. Question what they come up with is an estimate based on past history in the Arkansas has higher purses in other states to sars is higher I believe it's like four hundred thousand. The that that's what it was for two thousand twenty twenty two it's actually going up to two point two million four twenty twenty three and that is assessed the by hi Sir against racing participants which would include the racetracks or strainers or so owners jockeys anyone license and basically a participant in the racing high so the under the federal legislation has the ability to allocate its budget program in a in some kind of program away among the different states and they base it on the number of racing starts part of it and all persons so it it's it's based on racing starts and purses there's a way that go into purses and so we have a little bit higher allocation but just so you get the sense of it last this year was like four hundred eighty thousand which the assessment and next year it's going to be two point two million. what we have money to pay for the collectors that were there several different categories of veterinarians you we get credit for the money that we pay these people against highs the assessment so we don't know we're willing to the end but we've had conversations with these people in which we take. Good shape as I told our values we a lot of bumps in the road is set to take care of as we go along after January one. Follows. The distant to continue on with your question that the we get a credit is Barney indicated against that two point two four basically what we're already doing and we will be in that can reduce that down to maybe million seven or so and then that million seven and it is then allocated among the horsemen and ocal and they can come up with an agreement among the horsemen and Oaklawn if we have that agreement hi Sir will recognize that and we generally we come to an agreement and on the allocation between the race tracks and the horsemen generally I assume this rule I have a follow up of come out of a lot of things purse money and a lot of the stuff yes okay well Hey it's part out of the pocket and then the horsemen share will be paid out of of the per portion of the purse Fund that doesn't have a statutory mandatory dedication so before casinos in before a lot of things there is a but the person I was basically just made up of what Oaklawn and the horsemen came to agreement from the take out of horse racing and so every time someone makes a bet there's a percentage take out some goes to the state for taxes and then Oaklawn would keep a set percentage of the take out in the horsemen and Oaklawn for fifty years a hundred years have agreed to share that proportionately and it basically fifty fifty but that portion the it's just contractual between Oaklawn endorsements generally consistent with what other racetracks have done and as other ways tracks or under hi this is well the horsemen shared to go into each the. Valid or each trainer or each a person who is caring for horses Jack instead of setting a fee on each of them comes out of the personal fund that's that's not dedicated to persons by statute in that way it's built that year of course men and the in a fair way in the owners obviously have less personally but we're we're fortunate that we have a good good about purse Fund this comes from other sources that are. The bottom line is we think you'll get credit for everything we stand with the salaries to the state will come out the same. Okay thank you Mr chairman yes Sir and representative Cavenaugh thank you Mr chair talking about the his regulations because. We resources sought were involved in this the staff so. All that you're having to change a lawyer rules I'm assuming to mate The New has the rules regulations because their fingers are just about everything dealing with the integrity of the racing yes July one their their safety regulations came into play which affect us but it it didn't affect us for a last racing season we will start with the his the safety regulations going forward and then is Byron mention effective January one the medication rules that hi so has in place will become effective it will be under the those rules so when you talk about you and the horsemen came to the argument great but who represents the horsemen and the state may have realization called the Arkansas of course means protective and benevolent association and they elect the board of directors to that the horsemen and then claw that race that a law that have horses that the trainers the owners and they elect a board of directors and that's who we deal with are they only our Kansans or do you allow because most people that rise above one aren't really there's several our cans and owners but a lot of them are going to be from out of state I think it's the it's the participation of anyone who races at Oaklawn I think that can give participate okay and almost of as a practical matter I think most of the people on the border Arkansas okay and on the shockwave therapy I just wanna make sure so you're saying that they can't do shockwave offsite more than forty eight hours before a race correct and they have to report that to it's not the commission which better they report that the state anticipates that the statement at the local just prohibits it on its premises grounds right but if they will head of training facility off like they would they can only do it for forty eight hours prior to write in they have to report it to the state that near and that meets meets the new history. Bills yes yes okay thank you has recently changed. Well one recent change Senator Stubblefield. Senator Stubblefield. Thank you thank you gentlemen is this the first time the federal government injected itself with a mandate into the medication of our. Horses we're. Yes both houses of Congress the Senate house both passes yes okay senator McConnell it was a late addition but he did agree to it. Right what was the date this was passed a couple years ago but it had an effective date of the of his of with its regulations that'd be in effect July one of this year we on the safety side and then on the medications that January one of twenty twenty three there's litigation pending against this basically saying it's a federal over reach. Leverage castings. A. This in no way conflict with anything in our constitution. In the Arkansas constitution. By the Senate mandating this. That's the argument being made in court it's been by in two different federal courts they lost one it's on appeal would not have debt or a discussion of the second with your two different cases are proceeding in federal court. R. one question I race horses to we also raced towards it for awhile how do you teleport how can you tell for horses had shockwave therapy two days after that it. That's one of the reasons that they were mandatory of the reporting so if he found out that someone was doing that the so you game you're gonna have to do some investigations and that's one of the reasons a local law required the horse we didn't we won't allow it on local on premises someone will almost have to film someone doing it are you have a I witness to tell if someone has done charter enacted not contracted will have with you is a there is a slight we feel in a person for investigator and then if we pay that person which we in this case we don't because we don't have funds for the we would get credit for with the federal government will have an actual investigator that would be investigated Committee at this committee I just wanna say this to the committee this is another good example of federal overreach. It should not be taking place in the State of Arkansas which is a sovereign state thank you German. Couple questions of that number one are you participating in the lawsuit that's been filed or what's our role is filed the lawsuit of various works means organizations I have and I believe the Arkansas course men are participate Oaklawn is not participating in okay but the us but up. Which is pain okay so we're actively involved in trying to resist is correct well possibly not be ideal racing commission but Arkansas force report is a look at right and there are penalties if there's an investigation get somebody that fails to report to the State veterinarian their their severe enough penalties to maybe be a a new issue yes Sir and we have the axe we actually have the ability to inspect farms as part of this part of the agreement to race at Oaklawn okay basically say if you're going to race a horse from the farm to local and you basically have to give the investigation right the same with cat out on the backstretch right any other questions. I was signed up to speak for against this then without objections rules reviewed approved and we're going out to non invasive treatment. This is real to eighteen noninvasive treatments what this is there are two sections of this rule that are deleted section be wanting to talk about external noninvasive treatments and then not another device designed to produce localized indecision over you so because of his or ice the rules which everyone of state we have deleted two paragraphs for rule twelve eighteen to comply with federal regulations and in those two paragraphs remarked of. The draft. To. Any other questions for members. A representative Cavenaugh thank you and on this not a by thank you Mr chair on the non invasive treatment is that just any type of noninvasive treatment or is it just going to be basically for the numbing of the pain I don't House says extermination treatment such as icing sauce there be use of magnetic blankets by operator equine chiropractic chiropractic treatments. So basically every thing that you can use on equine athlete to help them recover is now prohibited. We'll this this rule was was deleted you'll see in the next room twelve nineteen that comes up that those rules are what the his or his is requiring so the next one that comes up is is twelve nineteen that has those prohibited track practices yes I'm just a second so everything that a trainer or owner can use to help a horse recover from a race is being prohibited only only if it occurs within a short period of time before racing for example the shockwave it's forty eight hours you said I see. Yeah this specifically says icing Tosh therapy massage therapy software skate get a massage using magnetic blank is made like its client carpet okay are practice treatment so everything that someone a good owner or trainer would use to help the equine athlete overcome. And recover from a prior race what's the time frame that they can't use those there is no time frame rules so they can't use them at all. So I have a horse that runs. It qualifies as a run back into the race I can't get a massage to help loosen up muscles I can't get a chiropractic treatment to help corrected alignment I can't pass it to kinda help overcome if it's got any soreness because. Athletes do that human athletes do that every time they have a race. And I'm just bringing this out because as we brought out and I understand you're between a rock and a hard place because of the federal laws but I'm trying to bring out. Some of the stuff that we do. Is more detrimental to the animal that is beneficial if you look at the next real we're gonna talk about twelve nineteen this is the all these things can be done within forty eight hours can be done within forty eight hours you get so so you're you're correct within forty eight hours from right okay so but they can still be asked up to forty eight hours or whatever to help them overcome you know I I don't like to mask stuff but you want some treatments where you can at least help them recover from a race you that that's the get it okay it's more of just changing the. Our rule to to parallel what the his or not yeah I know I know I really want dock yeah yes I just as somebody it has to do with the I'm not a related party and I know you'll feel the you'll feel the pain I understand but I mean I'm just trying to bring us people understand the real issue with with this because unfortunately we had the fans who don't understand horse racing overseen horse racing. Thank you I concur. All right co chair so I don't race horses so I'm trying to follow what representative Cavenaugh saying what you're saying. Are you saying that these rules are going to be in place because of the has a rules number one and are you saying that those rules would prohibit someone like representative Cavenaugh from having massage performed on a horse after it raised or is this just they can't do it forty eight hours within forty eight hours what are they. What if they race three times in the same day as I considered one race or that they would just raise what you do is raise once every few weeks not kept up to the Mike I don't I mean divorces race three races are four races in a day or two races in the day so it's just one race and they can still do the massage in the magnetic blank all that. Okay so long as the deck you within forty eight hours of the next time they have divorces generally race forty eight less than eight hours okay usually a horse will race every few weeks sometimes a race every couple of months sometimes they might come back and race within a week rarely ever do you see them coming back on less than this that week but to. A. Is this an litigation anywhere. Two two different court yes Sir did well the previous rule we passed was in litigation well it in general all the rules or medication because there are no changes federal over reach and they can't get eight ten point the states do or the rules are so in a broad sense all these rules removed against that that's was going to ask you so we we brought up the subject that under the first role it's under litigation but we passed it out without objection but all the rules that are before us today a through G. are all tied up in that same litigation correct okay so. Well I would say all like we've got one here keeps you from having a hand held device we are trying in a horse to ride which was things like that that's the that's the okay so except for the they're all tied up in litigation how long do you think it's going to be before that litigation is settled and what happens. What happens at these rules don't get out here today knowing that it's under litigation well if they if they don't come out then hit yes high so what you're or USA is going to institute their own rules starting January one it in they're going to they're going to govern those rules and they will have people who will charge you if you violate the rules they will have a hearing if you violate your rules will take the racing commission out of it and will do you know if the rules that they are going to enforce are going to be any different than the rules that we're passing out or they work for word identical there should be identical so what we would be doing is relinquishing. State. Opportunity to deal with this person is somebody from a federal organization come intent was that we would do this to cover the month of December of twenty twenty two it's clear that in January one twenty twenty three the federal rules take over it may there's nothing really we can do about that other than the medications were successful against. And and just for clarification is just the first three that are basically high so the provisions the first threat AB Commission Clark A. B. C. the third G. you're basically things we've agreed out locally Mr okay. Okay AT got questions from co chair can you go back over again real quick what what you said at the beginning if if these three rules don't get approved what kind of position does that leave us and and the racing commission and I guess the. Well the rules don't technically take effect they're rules that the federal government rules hi Sir is to take effect January one so these rules will take effect the first of the racing meeting December in effect if we didn't pass road you just have the same rules we've had in the past for December what we're trying to do is make the rules in December the same as we're gonna be in January because it would be confusing to the horsemen into those trying to force regardless of what happens today the hi so rules go into effect January correct and are you the medication rules yeah the safety rules regarding on. The medication real so these three or the medication rules are part of the medication rules. Thank you senator safety rules and no. Which one of these I've already gone into effect in if you talk to hi Sir no I've talked and had several conversations with their general counsel and I would say they would probably call these. Safety rules that have already gone into place okay and did you say in January that the federal government's going to have. People at I guess Oaklawn watching for this forty eight hour rule and all the other things we mentioned in the contract that they soon as there's a block for an investigator the other positions somebody takes care of tracking safety issues with track things like that they have investigators say will employees that the government will employee pay who does the best occasions they found a rule violation it goes for the the Federal. Process it does not go back for review commissioner regardless of what we do here you have to comply to these three items in January no matter what. Unless the court litigation okay thank you. And you don't know when that litigation's going to wrap up what a what as a playable. They'll have appeals have tried with the court's going to do. They try to pick or worse if we're we're not going to be here today all right go to representative Ladyman first. Thank you Mr chair up you say we have to do this what we don't do it what's the enforcement the federal government's gonna force in January however the what what are they going to find you or the gun take yours away within the yeah can well they'll have an arbitration panel way I understand it thank you that the border Sturch we have now they can find you thank you rule you off thank you thank you for being having a license so they have all those things if they can do. Okay. The reason we're trying to change the the first three rules to talk about it so. People who were in the racing industry won't be confused FOR D. several what they can and can't do we're just trying to make those the same as what they to do January so what we would be doing if we don't improve these as we will be bringing more enforcement into the state to watch our horse racing they would be here to enforcing it I understand they're gonna be here anyway all they are so this is not it doesn't matter what action. Thank you they won't be here on January. Yeah. So in January when they show up. Our local folks who's who's got your stiction when it comes to January federal government over the safety and the medication. she's what we got to rules of your for claiming and things like that. They don't get involved in claiming a claim is real big in Arkansas as you probably know if you in the racing industry so there's claiming. Changes we were proposing also okay is the first three. Have to do you deal with the federal government of notice that in the public comment section nobody nobody responded with any comments from the from the industry players. That are involved what what is the what is the feedback from the people are actually. Have have horses generation again the horseman I think would but their position would be they're not objecting to it but they're not in favor of anything that relates to hi Sir because they're obviously and litigation with them so that would kind of be Oakland's position at two no objection to that the for the last four are things that Oaklawn and the horsemen have come together to do our center so Phil I know you're sitting out there from a recognized representative. Dotson first Cavenaugh sorry and then you're sitting in a spot no compares and up and then I'll come to you Senator Stubblefield thank you Mr chair and I just for clarification I wanna make sure I understand and the Committee understands this new hisa or Class I however you want to say that in Oklahoma we say yes the two state but. When this was approved. There the states that run thoroughbreds and this is dealing with only thoroughbreds currently it doesn't deal with quarter horse racing quarter horses can opt in if they want to I don't know many states that have opted in for quarter horses but it is going to come up so. Currently when this law was enacted by the feds which there was a big fight all the way through the process but it passed barely. When it was enacted basically the horsemen the trainers the owners the race tracks had no what they had no choice no authority there is restrictions in there where they talked about yes they can find you and as the owner they can take away your livelihood for not being able to own horses because you can't get a license they can take away your trainers livelihood that they can't trying if they don't follow these rules. It's it's kind of scary if you think about because and that's where the federal over reach is coming from. Just wanna make sure people understand. Even if we don't approve these rules. They're coming. Because the feds are going to force it one way or another. Or they don't shut down a lot of racing that's what's going to happen I'm just gonna I'm being as honest as I can be about now. My opinion the most we can hope for is that a judge has ruled that federal over reach and then we can do what we think is best in the state Arkansan states can decide for themselves what they think is best for their own horse racing industry but right now the people sitting at the table are between a rock and a hard place do you not agree I agree that we're just trying to we're trying to be consistent so people are confused of because obviously it passed the rules the way they work we would be or trying to change it may not work with several federal legislation that's the sole purpose of the first three is so people won't be confused shall have the same rules in December they have in January. And on after that your bond amounts for the time. You're basically trying to buy a month's worth the time to get the season off on the same correct saying no that is going to be in your. All right it's hard enough to for a person to know what's is rules about the changing rules on January first our Senator Stubblefield. If you're recognized Senator Stubblefield. I'm sorry. Thank you Mr chairman of. Just a little bit what representative Cavenaugh said. A we raise quarter horses too I can assure you thank you gentlemen know this this will come to the court Russian as well it started with the server it I've seen it happen in other areas where the federal government gets involved with the with unfunded mandates to take control of every arena in our lives and it's coming to the quarter horses because they work to groups like pita and HSUS do you love these things done I know I've dealt with those two organizations. If states like Arkansas. If if some of us state this summer states like Arkansas does stand up against this it. Our disapproves rules and let some of the judges know that there are states out there there are not in agreement with this there might be some judges says Hey we need to stop this for the time being. And do we have some more time to look at it this is this is a gross overreach of the federal government into the personal lives of citizens in orders owners and trainers which I've been a part of all my life and I've seen it happen over and over we've used a blanket with magnetism for twenty years. Anybody this press sources if you have used. And we're calling that a health concern. You can go to a chiropractor needed more. To harm me then then we do a horse by putting up a magnet blanket on. So I'm what Mister chairman I have a I have a motion at the proper time. All right I'm a whole The motion to go to one member them coming back to save your motion ready represent right. Thank you Mr chairman what you wonder about in a situation like this is okay for example marijuana on the federal level is guess law but in Arkansas we have a constitutional amendment that makes it for health purposes not against the law right now what would be the difference in that and this. Well. The mental one about. Let magnetic blank things decision these rules were proposing to his or rules you can't get forty eight hours for the rights you can still do it still do all the sessions cabinet forty eight hour or right so that but the difference of. Okay you will you said Porter question again the difference between what the federal government is. It. Okay it's Interstate Commerce it's the same thing for the matter an marijuana the states can do it as long as it doesn't cross state lines so you could you can the states are allowed to have medical marijuana as long as it stays within the state borders horse racing the reason that they have a hot hits the ice the can regulate it is because of the Interstate Commerce acts of horse racing one is where we're sending our racing signal to other jurisdictions the they basically say if you violate his the you can't send your signal Oaklawn has races at Oaklawn that are bad in Las Vegas in New York in all across the world and then some of that money comes back to Arkansas and just put in the purses and and benefits Arkansas racing and so you could not do that under the federal interstate horseracing act and it's it's those kind of things if you have a lot large amount of people who are coming across state lines to bring their horses to race that's that's the difference. Hello client economically yes. Yes I'm not I'm not in favor it's the first. What I want everybody clear it's not. But Rovers. Engine. Yes but let me ask you this all medical marijuana does it comes within the state of Arkansas writing represent right I don't know that we need to be having discussion about medical marijuana under this once almost stop right here the Speaker Shepherd wants their summit in. Just just a couple questions and I was out of the room for the first part of this but my understanding is that basically the industry while and the racing commission while you don't like it you're asking for this because you want consistency at the the federal government has has passed this legislation it's going to go into effect in January whether you like it or not you're trying to avoid inconsistency having folks operate under some rules in December and then all of a sudden in January they're operating others I want to make sure it's true that I'm correct on that secondly is it sounds like there is litigation related to this correct yes Sir okay and so that is several courts if that is struck down would you anticipate that you would be back here in front of us asking to make adjustments to this to move away from these rules. That would be a question for the racing division but I I mean Oaklawn. What are are these first three you know we've operated under him for many years and they're you know they've been successful here in Arkansas basically on some of these are just shifting from you know six PM before the day of the race maybe to forty eight hours so that's kind of some of the CFTC okay and in the final the final question I have is it sounds like nobody likes it no one here likes it but it's just the fact that matter trying to provide consistency if we don't do it and if if if individuals want to try to operate under our rules as they exist then something bad that it likely there's going to be some enforcement in January either whether intentionally or unintentionally as far as in consistency or otherwise where something is going to happen it could be very detrimental to to the industry that's what we're trying to track thank you. There's there's no one in favor of it that way. Source racing commission's concern. We are where we are. Okay. Senator Stubblefield you dropped off the board you want back on. All right. Senator Stubblefield I have a motion. Your motion. A partial like to make a motion which budget first vote on a. That we approved was not correct. We would have to have a motion to expunge the vote by which we passed a rule Which was a on their little red shockwave therapy right I would like to make a motion to expunge that vote. At the motions are second. motion of second any discussion to the motion. All favour say aye aye a post. Shares a rule that passes. The once over a all right now Mister chairman I have another motion Keiichi motion I have a motion that we are not approved rules A. B. and C. E.. At least this will give us thirty days of reprieve until we have to abide by this on January first I have a I have a motion that we not approve a B. and C. rules. Senator Stubblefield We have not heard C. yet I'm hesitant understand where we are understand probably what the reasoning is but I'm hesitant to allow a motion for the fact that you group C. and there we have not heard C. yet I think would be proper for us to hear discussion I'll be glad to hold that motion until they explain C.. Okay the problem is we've expunge of keeping straight with expunge the vote on a we've taken no action on B. I can't move passed be. I guess we could hold action on B. until we hear see and I'm a recognized coaching question and I'm this is maybe a question for staff The the only reason we can not approve a rule in this committee is either it violates the constitution of the state or it has a fee increase or violates Legislative intent is that correct. Your record. Yeah sorry about that Rebecca Miller rice with the bureau so it I'm a motion to not approve has to include one of two bases that's the rule is inconsistent with state or federal law or the rules inconsistent with Legislative intent there are and. There is a cabbie ought to that that if a rule contains a fee or penalty or if the rule submitted in accordance with concerns exemptions for prescription drug monitoring program then you wouldn't have to have grounds But those are the basis on which you can make your motion. Here's what chairs for a role we're gonna hold on B. right now let's shall present C. and then I'll come back to you Senator Stubblefield I'm not going to recognize your motion at this time of we're gonna hold be and where to go let's all do a brief explanation C. because we kind of know where we are so if you will go ahead and pick upon C. and let's hear your explanation C.. What rooms what what is adequacy is real twelve ninety this is the following are prohibited practices in these came from the federal act that the magnetic blankets in the massage therapy is can't do that then forty eight hours of time to re enter the race see you can still do those practice of magnetic like its besides their but you can't do forty eight hours for your involved in race. It is prefaced the shockwave therapy than forty eight hours. Sir Clark chemical used to desensitize. Darfur's. So it was so submitted previous House thanks listed. It is taken from the the the the history of the highest rule. Right any questions from members. All right members hold just one second what council. Alain Rep representative Jane go ahead thank you Mr chairman. All right. I will try to get this thing little clear. Oaklawn right now does not. Allow. Rule eighty B. or C. on site the correct a shockwave there is a we don't know a on our premises million see you do The. Is the change that check out what we've been doing for many years and it's basically the. Before six o'clock on the day immediately free proceeding where the horses going to race and so that's the change in and be going to basically forty eight hours and then see is just adopting the federal hi Sir requirements that we're just trying to so thank the easiest way to say this is we're trying to keep people from being confused by looking at our rule book it'll have one rule and really the real clickable rule would be that hi Sir rule because it will preempt the Arkansas rule to the extent it seemed consenso a is the only rule that you do not allow on your premises that's what those three that's correct now if somebody's training all site. They can do that now but the federal law Committee and has prevented them from doing this as of January one twelve seventy forty. Yeah in that would be it it's basically prohibiting so these practices within forty eight hours instead of six o'clock the night before the race okay. Anything if I may if anything that we do here and don't pass these rules. Would you all in any way if we don't get it corrected we all be in jeopardy. January one of of racing being stopped damaged signed by the federal government. We will just it just be a confusing situation that we will have to people will have to abide by the the hi Sir rule even though the Arkansas rule has something different in it so people will be confused as to the the but my question is how hard do you know and I know this is territory you don't know which you get more hardship with an identical you're in the business how much will either find or can they stop racing. At Oaklawn and a committee you get into something stop racing at that's pretty big we would have to abide by the heist the rules even though the Arkansas rule says something different because it's preempted under federal law if we didn't abide by the federal law then we so we don't offer the third bid for the Arkansas racing your going to your own implemented anyway well we're we're going to be forced to follow paralogs that to the extent it preempts state law and so will be in that were in a box anyway I just don't wanna do anything that'll hurt climb because that's a that's a big economic engine. December through what we're going to you will have to follow the highest the rules until a quarter declares it unconstitutional if it does thank you thank you and so it will be confusing that the Arkansas rules will be different than the federal rules to people try to back all right. Avoid trains coming and say well here's the Arkansas rules second do this after January one is okay just better start off in the with consistent rules for ever having days wrong number because resignation January through may. Thank you. Thank you. I want to ask more questions about what Speaker Shepherd assn just wanna stand if we were to pass these rules out today. And. You were to prevail in court and they determine it would that be federal over reach by the fact that we have passed these rules out day would that obligate you to have to continue to operate under rules that would have been thrown out in court. And would you then have to come back to us and ask for these rules to be reversed. We would we would have to come back what we would do is the horsemen in Oakland we get together we like to go back to what we used for loop holes and we would go back and probably J. J. as to be at the beach and yacht which means you'd have to come back yes go through public comment again you'd have to come back before us again by then rations season would probably over yes Sir but yes so I guess my question is do you feel that you're going to prevail in court or not or would you care to guess I think there a lot about arguments in it against the legislation in court and but as to whether they're going to prevail or not I think it's it's if I don't get back I couldn't say province of Tammy to save eleven decision for maze is really strict so. I'm I'm just I'm hoping for the next six yes I'm just thinking you're about to if if the sale goes through your about to impose something on yourself that you have to live with that you're arguing against that you don't really want but you're you're basically bring it upon yourself but I understand why because you know the federal government's coming in in January I just want to try to keep down confusion among the horsemen as they came in okay it's that's the whole reason is Dr Joshi Johnson is aye we here's Arkansas room I've added to the Arkansas rule okay this January the second he gets popped we don't want that to happen our our. so feel or you want to make a motion. Thank you Mr chairman yeah I want I want to make a motion that we hold these rules until the next rules committee meeting in December. At. That You heard the motions are second. Is our second. Without a second motion fails. And then at this go ahead. Senator Rice thank you I will make a motion that we hold these three rules and have final vote in I DO see this Friday give more time for discussion in case somebody's got of some other the points I would like to say this I I understand were the gentleman in the in the Oaklawn is in the middle of but we've got to have some way. For this body that I feel like as against this I have a vote so between now and Friday at at least like to come up with something that that we will express our displeasure with this where they know Arkansas just not okay with it in full council Friday can make the final determination I motions over to Friday. Sgt I have a motion Is there a. Second. Section is to hold a rule over to full ALC Friday for discussions are second second. Got a motion second want to make a point of clarification so there's no one. Is everyone signed up to speak there's no one signed up to speak for or against this rule so if this passes and it goes to a O. C. on Friday there will be. US tomorrow. Thank god that there there is there is no opportunity for the public including you all Urbino Leicester's Lowery yes but there would be no no room for public comment when he gets before a LC tomorrow this is held. Any discussion to the motion. A discussion to the motion co chair yes. I agree with everything that Senator Stubblefield as said as far as federal over reach and I agree with most everything that Senator Rice just said but I think it's important to realize. That if we do hold it over tomorrow at A. O. C. it's going to be the same situation is either going to violate the state constitution or violate state state or federal law whether we like it or not or have a fee increase on it those are the reasons we would be able to disapprove this rule I think that again well I agree they're the they're saying we're putting Oaklawn and maybe the racing commission kind of a bad spot here with what what he just mentioned a minute ago you've got a set of rules are going to be in place in December and then come January third that they would be at trying to comply with something that they've not been able comply with for the last month of racing so for what it's worth those are those are my opinion. Speaker Shepherd. This I guess we're in discussion on this motion we're in discussion on the motion so I'm just I'm just wondering on this motion if we if it were to take taking up tomorrow whether we took it up today I wondered whether the racing commission in their rules if this does pass could just simply noting the rules that this is the this rule is as required by federal law giving notice to folks it's not really what the state wants but it's with federal law requires again just a quick question I don't know if we can have the answer but that seems to be a lot of the concern is whose mandating this and and where we ask from a from a state perspective. Yes it could and we can leave it even further how will we offer C. just so I'll be out from under scrutiny the chairs going to allow the question to be answered but they will have no other comments go ahead that yes Sir we could even go further in that I would ask the racing commission if we could even say something if his is overruled we go back to our own rule and we can. We can do so you can work Smith we can days something along those lines to make it to the we're just trying to be consistent so paid be confused if this goes away we go back to the okay all right any other discussion to the motion. Motion is that the rule will be held for full Aoshi consideration tomorrow there is no one signed up to speak for against additional public comment would not to be allowed less loud but years they'll see tomorrow that's motion second no other discussion all in favor say aye. All opposed. I have been here any hi seven held over till tomorrow and that's just on a B. and C. we still got. D. E. F. and G. shock okay yeah because you said rule I was gonna make it clear to make the first three that's the first three yes if you all could to. Let's get through the next forty can place. A. We're on a D. twenty ninety nine point one Commission klockor. It these last four head up agreed to with the horsemen Oaklawn and then we went to the right hang on a sec members we could bring the chatter downward close quarters here. All right D. go ahead. Right. This room two oh nine nine point one Commission klockor it just allows the Sturch to give a lecture time to origin and that have trying of then on the second page Mr given additional seven days there's a thirty day a rule in the sixty day rule last year to give it a little extension too harsh when it comes in and says they need the extension. So that this that a man do if this is This is changing it to change the horse requested from the racing commission or any questions for members. Nobody signed up to speak for against the objections rules review to prove and we're going on to E. which is hand held communication. I had a a communication is simply a rule that prohibits a jockey from being on the track. A training or racing having a hand held communications device additional years ago talk to be no reason for rule yes but you drive a car in the stable ride horses with handheld communication devices this is a dangerous situation restraint outlaw we we had a situation where some jockeys were having their cell phone while they were training in the morning we want wanted to rule to prohibit that okay. AS questions members. The representative gene. I've got a we have a race where somebody had electronic though that that would have been all right it we will right we thought of and we are ever get like the quarterback talking into the phone all at a when we were thinking about this real quick is really just set for work outs but that someone several can they use it in a race and obviously no one can we we've added that into our thank. So you can't tax generations overtures that knows. I wanna make sure all right any other questions or smart L. comments from committee okay all right hearing none without nobody being signed up to speak for against this rule without objection passage and F. purse distribution. This person distribution this is a rule proposed by the horsemen it just changes a purchase your vision on a stage race the winner it's sixty five percent of the person rather than sixty percent and it just a couple of changes like that it's it's a very minor change request by the horse. Basically gets part of the person to some of the lower finishers to cover costs of traveling to Arkansas and that was a part of it. A question for members. The the notion of speak for against the objections rules reviewed and approved and we're on to G. claiming. Oakland has won the most active claiming communities their claim for horses there than a lot of tracks is so there's a group of horsemen who are very interested you watch these rules and they try to change things I think make it more fair each year racing commission looks tougher questions care as possible the support of Oaklawn the racing commission approved a this change to the claiming process. We're like if there's more than one claim the race then they they did it what colour shape his side of a lot of guests to claim it is also if you if you've got a horse climb and get a claiming preferences you can use these these these rule changes were requested by the horsemen in in in the racing commission agreed within and as presented for change. Thank questions from members. No it's up to speak for against without objection this rule is reviewed and approved. I think we're done. Okay I understand A. B. and C. we're not approved obviously do we come back to we need to come back tomorrow I would recommend that you be available and they'll see in the morning because at the chair's discretion you could be asked to come but A. B. and C. have been held over to a full LCD who will have the final vote in the morning when his rations Sturch what date December the night. December the ninth yes Sir okay I start manner nine thirty tomorrow we started nine. Sturch night will be in the big room next door a okay and we'll or well A. L. C. Senate chair sit right over here so he knows all right thank you thank you as a good ratio individual to your thank you all right let's go on thank you Department finance administration Revenue Division. This is the Arkansas elective pass through entity tax rule. In general if you would please name and title for a record. Thank you Mr chair members of the committee Paul gearing system revenue commissioner for DFA. Good afternoon key funders attorney department finance administration you are recognized president on the on your. Thank you Mr chair before the committee is that are proposed Arkansas elected to pass through entity tax rule back in two thousand seventeen the federal government enacted the tax cuts and jobs act which initiated a ten thousand dollar cap on the state and local tax deduction so and Arkansas was one of approximately thirty states that enacted its own elective a pass through entity tax as a work around against the federal ten thousand SALT cap. I DFA following the enactment of act three sixty two we work with the taxpayer community to Put together these proposed rules to address questions that weren't directly addressed in the act we had or public comment hearing in October the third of this year we did not receive any written comments we did have a Thank you individual common in person at the public comment hearing to make a very minor change to the rules which we incorporated in the final draft that we presented for the members for consideration today we would be happy to answer any questions about the rules and questions from members. The way signed up to speak for against so without objection this rule is reviewed and approved thank you all thank you Mr thank you department of the health. State board of dental examiners on page ten your packet this will be licensure fees. Afternoon show would please name and title for the record. If you would please push that button to lights up red there you go okay Meredith Rogers executive director Arkansas state board of delegates and enters. Gilmore department health. Shall proceed please. The Arkansas state board of dental examiners has to proposed rules for your review and hopeful approval the first one is our propose article twenty five on licensure fees. This proposed article lays out the licensure and application fees that are charged by the Arkansas state board of dental examiners any complies with ACT seven twenty five and eleven OO one of twenty twenty one. It was published in the Arkansas Democrat Gazette June twenty six through twenty eight and the coming here it was June twenty sixth through July twenty six and there were no comments. The second oppose article. Okay so we have a second of any other questions for members. I was signed up to speak for against for the objections rules reviewed and approved all right and credentials required in issuing dental hygiene license please okay the proposed article details the process for expediting licensure for eligible military members and their spouses in accordance with at one thirty five of twenty twenty one any grants temporary licensure for ninety days while awaiting the fulfillment of all licensure requirements it was published in the Arkansas Democrat Gazette August nineteenth of the twenty first come up here it was August thirteenth through September thirteen and there were no comments. Any questions from members. Without objection this rule and was signed up to speak for against this that Jackson's rules reviewed and approved. Thank you thank you thank you. Members this is a blanket statement for rest of them we don't have anybody signed up to speak for against any of the rest rules so I'm also a one time one time only so we've fulfill that obligation we're on to number six apartment health state board of health the rules for volunteer health care immunity. We. Johnson senator any Arkansas department health. Correct Smith attorney for a Arkansas department health okay you're recognized proceed. Thank you Mr thank you Mr cochair thank you members what you have before you is the rules for volunteer health care community there's three section code sections in Arkansas Code the reference volunteer health care munity we side and make sure that the and eighty H. task with promulgating those roles we want to make sure they were one spot and combine them so that it was it for ease of reading for healthcare professionals there is nothing substantive other than making sure we comply with Act nine sixty eight of twenty twenty one representative Pilkington ran and that added some added some other members of the healthcare community that could access the act that included therapists addiction specialists counselors and other healthcare professional Reginald under title seventeen that act also increase the amount of continuing continuing professional education that one could claim under under the act from eight to thirty two we did have one public comments from regarding the use of the term physician's assistant that was what was in the old act since then that terminology has been updated in that particular professions licensing act so accordingly we have changed it so that river reflects the terminology physician assistant this was reviewed by public health joint public health earlier this last week unanimous review we have to take any questions members have any questions. Right without objections rules reviewed approved thank you thank you chair thank you senator thank you members all right we got department Human Services. Division childcare early childhood education and it's on the better beginnings quality rating improvement system. Good afternoon name title for the record please. I'm at page comics education program manager for a DHS division of child care and early childhood education and I'm here to present to you today that proposed amendments to that better beginnings quality rating and improvement system the first change is to change the name to the better beginnings tiered quality rating and improvement system currently Arkansas has three quality rating for call quality rating levels for childcare providers at this new role would add levels four five and six that build on the previous levels this is a voluntary program for childcare providers but right now we have about eighty eight percent of our providers who do at select to participate. We did hold a public hearing on September thirteen eight people provided feedback the primary discussions related to us. The fact that it appeared that special needs children are not included in the requirements for that quality rating improvement system M. R. response that is that hearing for children with special needs is a requirement and minimum licensing for childcare facilities so it's not it's not doing anything additional for quality it's a minimum minimum requirement the other act comment that we received was it appeared as though we had removed professional development from being in important in our quality levels however that's that's not true Arkansas uses a several nationally recognized tools in order to assess quality of programs in order for them to At higher quality levels or scores that participants are educators have to have had the professional development so essentially is redundant to have professional development listed it because it's already required in order to achieve those higher levels. We feel like it's important to add more quality levels of for our child here for providers and we have a number of providers who are currently at quality level three but they actually go above and beyond the requirements and so we know that some of them already achieve the higher levels and we want to encourage providers to continuously work on improving the quality of their programs. At the other at a change of the amendment is that it really provides clarification of the application process for quality improvement which makes it easier for providers to apply and I'm happy to answer any questions members might draw your attention to exhibit II dot seven dot a PC it is of about seventeen pages of public comments with regards to this role and I would just ask you kind of scandium. Any any negative comments and the public comments or what was the general overall. So that the two areas that were that really highlighted in those public comments one was the concern about ensuring that special needs was addressed they wanted that says to see that addressed in our quality rating improvement system however since that is a requirement for a minimum licensing for childcare providers that we serve all children we didn't feel like it is necessary to add that into a quality level that's not really going above and beyond that that's reaching minimum licensing the other thing comment was related to a concern to that professional development was removed removed from the requirements however and that is a redundant requirements because we do use a tool that in order for providers to be successful they have to had the professional development. Okay and questions about one is. For someone for a for a child care center to be able to receive vouchers or reimbursement through the voucher program they have to offer the the better beginnings program is that true or not true that is correct in order for at a child care for provider to accept that federally funded vouchers they do have to be participating in better beginnings at a level two okay and that's that's a federal requirement is that anything we have a latitude of state over is not a federal requirement that they participate at level two at that federally they do encourage us to find programs that are quality programs okay that it sorry go ahead our system say it it is Optional for providers to accept vouchers. Project with several funding if they don't accept if they don't show up to better beginning program that precludes him from being able to get the vouchers right that's correct yes okay and then I noticed on page two in the public comments says I've reviewed better began document to see the document has been kept very basic for most part but I do see emphasis on a few particular topics child health child development breast feeding screen time. Are there requirements that are being. Forced upon the childcare centers through the better beginning each curriculum education that deals with anything related to a gender identity gender changes or anything along those hot topic items no Sir. Okay all right any other questions for members. I'm not sure one third. Okay of. Representative Springer. Thank you Mr I'm not a member of the committee but I was in the committee earlier this weekend and had some questions and I thank you for I just want to say thank you for providing additional information the only remaining question I have is is it true that the payment of the hot the four five and six levels will receive a higher payment based upon the people teacher ratios that they they're reimbursement amount is going to be higher based upon teacher pupil ratios than the levels one through three. There is a is a requirement I believe in the higher levels that you have it's encourage for you to have a lower child to staff ratio so if if you were to look at it and and that way yes but it's for the higher levels you that reimbursement rate as it increases with each level per child following the following message here yes ma'am so would you for the record would you just tell us what the different rates are then from levels one through three and then four through six for the record. So for our rate structure there are different rates based on age range so infant toddler preschool and school aged all have different rates for levels one through three at the rates are divided between at Benton and Washington County and then there's an urban right in a rule right when you get to levels four five and six it's all the same rates M.. For instance for every age Rangers of full time part time night weekend rate and then there's what we call as special needs one rate special needs to write special needs three right those rates actually allow and we provide additional funding to facilities that at two. Work with children who have. It needs and that this could help offset maybe the cost of having additional staff in the classroom additional support. Do you want me to go through the individual rights for. Yes the amounts if you okay okay so here's the I'll just start this and you can tell me if I'm going in the right direction so you will catch your how long is your list there it is two pages let's do this if you don't mind could we get could you can we get caught up in the. Could you just let's have that will run copies your taste that would that be okay yes okay thank you great okay thank you good good all right represent Eubanks. Thank you Mr I just wanna make sure that I understand is there difference between daycare and childcare. No Sir no so the minimum licensure requirement is they have to take special needs or be able to provide for special needs children that that's correct we're with inclusive. I have people in my district that have been providing day care in their homes for for years are they they're required to take special needs students I mean children. There are required to to serve all children and so that would be it you know it's an option for them at their and their their home. As I believe as a as a business they would have now. The me I'm not gonna answer that can I get back to you on that I don't wanna answer incorrect and the only reason I'm asking it seems like there's a shortage of day care child care and. And our state so I I don't want to make it more difficult. Sounds like we already have but if you can get that information for me I'd appreciate it I'll be happy to do that. Are to be favored you would would you send that to the chair and we'll send it out to all committee members seen how we've all heard that if you don't mind please. I'm happy to do that okay all right any other questions from members. There is a what's what's the minimum number just for you know if you if you keeping children in your home what's the minimum number that you can keep without having to have the state come to the inspections I believe the minimum number is four okay. All right it could be five and I can meet I I don't have my licensing rules with me okay we'll get with you there okay all right any other questions on the role Senator Rice. Should be on thank you my question is you're saying that's gonna go get information committee in some information she doesn't have or we expected to pass this on and like representative Eubanks said if that's going to affect some of our Home. Child care centers. in a negative way I I come like no that in advance. To the Committee thank you. I'm. You heard the question representative Eubanks does the rule. What bearing does the rule have in relation to the questions that he asked her what what. What is the the questions that have. Do not have any bearing on this rule there actually questions related to minimum licensing requirements. It's totally separate from from the S. okay. So if. If somebody has children in their home. Can they receive the vouchers. For childcare service or daycare service the one that is being done in their home not necessarily in a licensed facility but in their home. I guess I'm not so if if they're not a licensed facility then And they don't have to follow these requirements if they're not licensed. Okay let me let me take another right okay. If. If someone has children that they're keeping in their home if there under the minimum threshold state has no. No jurisdiction over them if there under the minimum threshold. But if they're keeping them in their home and they're above the minimum threshold. How would this rule affect them and it would only affect them if they were taking the better because if they were taking the vouchers is that correct this just affects the people taking the vouchers right this is a voluntary program right okay. And if you're taking bouncers that required yes okay all right any other questions or input from members. Senator rush to your point about a meter going up in a minute say without objection rules reviewed improve in a minute. And you can do the objection process or you want this held over till A. L. C. tomorrow and we can get information sent out to all the A. L. C. members before tomorrow so they can have that in consideration for a decision I'm just deferring to you based on your comments do you have a preference. Okay hi. then we're gonna go without objections rules going to be reviewed and approved and if you will can you get that this afternoon to the safety thing and members I just encourage you to approach a procure a miss Harper she has if you have anything else but if you get a question online sent to the chair will get out to the full ale C. membership that way they'll have it okay a good camp they rewrite that they're without objection this rule is reviewed and approved okay thank you all right the. I'm sorry miss Williams I think called miss Harper all right next is going to be. Department him services in more on eight a foster care driving program. Name and title for the record please. Yes good afternoon homicide morning good afternoon I'm Mr Martin I'm the Director of the Division of Children and Family Services now apologize and standing in for Mr per she has another commitment today for item he ate a foster care driving programming care insurance reimbursement program this role is some clean up to incorporate existing practice into a written rule specific to the criteria the DCFS transitional you services manager reviews when a youth applies for driving in car insurance reimbursement program. We also received feedback from our youth advisory board are you the advisory board is made up of children in care or they're really you they're older they're using care those youth recommended a name change from the driver's licensing program to a more generic driving program to better reflect that this program has and will continue to provide a mechanism for youth in foster care not only to earn driver's license but also their instructional permits in a minute license exaggerate as allowable under state law we've also added language from existing statute to this policy to better communicate to staff and foster parent said that that if they sign driving permit or license application on behalf of a minor in foster care they will not be held liable for any damages caused by negligence or willful misconduct of the minor we hope this additional messaging will encourage more staff and foster parents to support youth in the process of earning driver's permit or license there is no fiscal impact as a result of these revisions and receive no public comment. All right members any questions on this item. Currency number that objection this rules reviewed and approved moving along to item eight the. This will resent the division's policy regarding educational leave and educational assistance but only because there is existing departmental policy that is DHS policy one thousand one hundred and twenty that supersedes directives within the divisions policy this should limit confusion for assassin's going forward they will only need to refer to the P. H. S. policy on educationally No of we receive no public comments on this policy. Our members any questions on this item. See non and without objection this rule is reviewed and approved thank you. Thanks is down to item nine Department of military. Should be on page twenty of your package. You would just introduce yourself for the record we get started. Scott Steiner chief of staff for military. Belinda Harris Ritter stated turning department of the military. Thank you Richard thank you chair the military with a mental impairment really trust fund is a program that's been established for many years this rule changes couple things that are notable the first one is that the administration and operations of this of this program will be changed to the secretaries AS in general so designate which is the Arkansas National Guard foundation that allows the foundation to administer this program to a grant through from the Department military that will cover any kind of emergency needs for guardsmen and reservists so that's a change there's active duty programs out there that cover active active component for all service members in Arkansas but there's not one for the guard or the reserves this would cover down on the reserve previously it was just the National Guard. the classic example of where this fund would go to the first if the service member had a house fire tornado or something like that and they were in some kind of emergency need this would help this will be a small microgram to that service member based off a couple criteria that they would have to go through the other noticeable change in this rule is there's an appeals process now on the rare occasion that a grant to a service member has been denied the service member now has an appeals process and go through to basically plead their case. And I'll be happy to answer any questions the questions from members. All right then without objection this rule is reviewed and approved thank you thank you. All right members on rule if The mental. Let's see We need to of we need to consider pending suspension of the US subcommittee rules do to the public comment period expire in October fifteenth of twenty twenty two and for the sake of simplicity because rules under item F. of the regular agenda item a of the supplemental agenda both requires suspension rules like to take them up at the same time without objection then the subcommittee will suspend its rules to consider the next role for the Arkansas Economic Development Commission is wells rule for the supplemental agenda for the tax appeals commission any objection. All right then for your child to come forward please for the department conversation German would. Name and title for the record please. Thank you Mr chairman jim Hudson chief of staff partner commerce. Stephen porch chief legal counsel department of commerce good afternoon see your on on the addendum to to the Arkansas real connect is that right yes Sir okay go ahead please thank you Mr chairman thank you committee for suspend the rules here in the rule today the role for you primarily implements recommendations and the broadband master plan published by BTG last spring. As well certain funding requirements there can't contained in the federal funding sources a key parts of the rule in front of you specifies required symmetrical download and upload speeds of a hundred megabits per second for projects funded through the treasury's capital projects fund and a hundred by twenty for projects funded through state local fiscal recovery funds. Each project we defined by the broadband office based on the maps and state broadband master plan each project is open to multiple bidders with each bed scored according to rubric contained in the rule as a process for incumbent providers to challenge the inclusion of their existing service areas within a project footprint. Project costs must be shared at a minimum of seventy five twenty five percent by the statement grantee. An internet service providers must attain a an indirect revocable stand by letter of credit or in lieu thereof obtain a performance bond covering the same. We had multiple public comments to the proposed rule primarily from providers within the broadband industry. Based on these comments we made several changes to the proposed rule and then had an additional thirty day comment period for the public to consider the changes the changes we made were we clarified speeds required in the two different federal funding sources we clarified that for companies that companies may submit an audited financial statements as long as the Arkansas state broadband office finds the statements actually depict the financial health of the company. Clarifies if a grant applicant is unable to secure the endorsement of a county judge or mehr the company may still apply but must document it's a tent of tents to secure an endorsement. An aspect the rule that drew the most comments was the proposed letter of credit several commenters noted the expense and difficulty of obtaining letters of credit in the current credit environment. Based on that feedback we add an alternative method of compliance in which the grant applicant could provide a performance bond in lieu of the letter of credit. Throughout the rule promulgation process we've actively engaged broadband businesses to hear their concerns we believe the rule in front of you today addresses those concerns while also protecting the taxpayers with that Mister chairman have take any questions the committee may have. The questions from committee members. While on the substituting the performance bond for the letter credit is that to. Is that equal to the amount of the job or just kind of hit that real quick if you will yes Sir so in its it is an alternative so if they do not want to go the route of the letter of credit they can get a performance bond of the amount of the bond has to equal the financial payment that's coming to the company from the state and the longevity of the bond will be held for how long after the completion of the project until completion project in completion of the acceptance testing for the projects we have to know the projects good done all the work the network functions as it should then the bond is released then last question is how do you go about because we've had discussions about this how do you go about verifying that all the subs that are affiliated with who would maybe be the what I refer to as the general contractor doing the job how do you how do you know for a fact before you release that bond that all those subs have been paid well the most important centers that we're not gonna pay their invoices until we have confirmation they pay their subs we've actually got that language added to the rule this time so clarifies as we'll be asking that question okay all right in the gross members represent a few banks. Thank you Mr Whizzer multiple problems with the providers getting endorsements from me there's a county judge or marriage or what yes a representative there were several I think that we had heard examples of that either just difficulty getting engagement local officials are that maybe the local officials warn to endorse one but not another and so we. We felt like to change that we made call let the process flow continue as we had envisioned it to what would have been acceptable reasons for them not giving an endorsement for provider that was wanting to. Provided broadband is areas well I think one the things that we've been a part of this program since the inception was we want feedback from local officials because they know the business community and their area better than we do. And so if there is somebody who is got a bad reputation terms providing service we want that feedback and we're still gonna get that feedback is just not going to be a roadblock at the very beginning of the process okay thank you. And how would you. Detector decide that maybe a local official favored one provider above the other for reasons other than quality control. Well frankly it's not relevant except if there's a tie in so you know to the extent that the local official endorses that's in the record we see that that it's there if they don't provide an endorsement we're asking the company to get the reason from the provider so it'll be the record as well but in terms of the scoring it doesn't really affect the scoring unless the scores for the applicant's or exactly equal in which case the tiebreaker we will use the local endorsed officials endorsement to break the tie we think that's appropriate because again the services are being provided in their community so that local endorsement is only comes into play in the event there's tie after all the other unbiased or yeah okay good as Christians have. Thank you jim but I hear you say that the performance bond amount could be up to what I'm calling the draw. The entire project used for the draw yes Sir for the for the performance bond it will be for the aggregate amount that's going to be paid by the state and if not can it will be that is the amount it won't very we will be different for the letter of credit for the letter credit it will be the amount of the draw as the draws occur so as the draws a curve the amount of letters of credit increases by a corresponding amount okay for which monitors the aggregate amount the words from the state but performance bond doesn't give any less assurance of the total overall acceptance of the end result no Sir does not it in the date what we all make sure was the work it's done forms bond is that right thank you thank you Mr mmhm. Any other questions from members. This subsection this rule is reviewed and approved and get a second one thank you Mr chairman thank you Committee. Okay Sir thank you. All right Your. All right we're gonna go supplemental agenda on the next item so you should have it in a packet attached and it's going to be. part of inspector general. Right. Remember now. And if you would please name and title for the record. Jeff Moore Commissioner tax bills commission. Temer Harrelson chief counsel for the department inspector general Matt Matt talked Commissioner tax bills commission or recognized to proceed. Jericho chair and members thank you for having us here this afternoon. I believe. S. the at the rules been suspended senator Hammer okay excellent if you get and we're here today for the first draft proposed rules at the tax appeals commission as many of you know the last general session this body passed and enacted ACT five eighty six and five ninety three to create a tax appeals commission a neutral body to your cause of action administratively between taxpayers and deafening and so that body the taxpayer's commission was placed in the department inspector general's office the commissioners were and actually inducted recently and they have been working on the rules since July first when they were appointed these rules deal with the definitions statement of organization for yet they deal with general organization rulemaking and educated the proceedings we have had a public comment and we have also responded to those public comments and made some small changes in the rules in order to resolve those issues we have a public comment period has ended and we just ask that you review and approve the rules and we are all available for questions if you have any thank you. any questions from members. All right here none without objections rule is approved reviewed and approved thank you thank you Sir thank. All right back. Ranji. And just a quick statement or next item on the agenda include updates from those agencies of the complete the rulemaking in accordance Arkansas Code and as amended by act five ninety five you may recall from last month the statute provides that the rules were not filed as required to check you had agency or his or her designate you will prove before sept appear for subcommittee to provide a in person update the outstanding real and for any item that has master's by we will for growing up updated if we reviewed and approved all those other items so with that being said the first one up as part of a. Department bank. Afternoon name and title for the record please. Wait Hodges chief counsel for the department. Thank you Mr chairman members of the committee of updated you monthly on the help rule process I don't think I'll need to review that entire process in my sass as I informed the committee last month the plant board is set to meet on December fifteenth I will be there opportunity to re review this rule coincidently that's also the same date that this committee is scheduled to meet next month so I'll have to figure out how to be in two places at once but that's where we are Mister chairman a questions members. Thank you. Parvin. Court a solace for department of education we have four rules remaining and outstanding the first ones are the rules governing school safety that were approved to go out for public comment that public comment period ended on August fourth however instead of completing the process those rules were held to add additional language regarding the school safety grants the the fifty million set aside by the legislature and so we hope to have those back to A. L. C. Fite February for final approval. The school counseling improvement act rules were approved for public comment by our state board of education on October thirteenth and are currently awaiting governor's office approval so we hope to have those backyard ale C. early and at twenty twenty three. The succeed scholarship rules or approved given final approval by a and this body earlier in this meeting so those will be complete and effective by next month. And our rules governing professional development although rules are not required and pursuant to act in eighty nine we will be incorporating the new requirements for professional development for nurses into our professional development rules and however there go undergoing a much more comprehensive revision process and because of the and time taking to get stakeholder involvement and input those probably will not be complete until spring and late spring of twenty twenty three I'll be happy to take any questions the questions members. Our thank you thank you all right we're skipping over three because we approve that earlier so that takes care of that one so department health. Afternoon name and title for the record please. Thank you Mr chairman of the committee on large you and I'm general counsel for the department of health for our ACT five ninety five report for today we have three rules remaining of the rules for abortion facilities obviously were affected by the Dobbs United States Supreme Court case that was handed down this summer but to the extent that Arkansas laws not aggregated by jobs we're still reviewing those rules at two review Arkansas state law if there's any requirements for reporting that are still required by and the Department help with regard to the rules governing medical marijuana registration testing and labeling we went through the first public comment period in April of twenty twenty two at the representative comments and revisions were made a lawsuit was also filed in February of twenty twenty two the last time I checked there has been no movement or changes on the lawsuit challenging our interpretation of ACT eleven twelve of twenty twenty one there's been no changes since April of twenty twenty two we are currently under another a public comment period from November tenth through December twelfth this is to give a chance for the public to review the reset Lee revised revisions that were presented to the board of health on October twenty seventh of this year and once the public comment period closes then we will provide the public comment report to stakeholders and to the bureau we will also go before the public health committee the LC of marijuana oversight subcommittee an ALC rules subcommittee for review and approval. Finally the rules for cosmetology body art and permanent semi permanent cosmetics is being extensively reviewed at because of sees me the extensive revisions due to all of the stakeholder interest in ACT nine hundred of twenty twenty one we've shared the initial public comment report with BLR and stakeholders it is undergoing substantive revisions at this time and because body art is now part of cosmetology of the previous version of the rules pertaining to body art establishments will be repealed and we are anticipating ADD that rule to be finalized in the winter of twenty twenty two early twenty twenty three and the rules for volunteer licensed healthcare professional immunity were presented today and approved and hopefully will receive approval by the full A. L. C. tomorrow and they'll be filed with the Secretary of state for final filing and that concludes my report thank you any questions from members. Or thank you thank you the last one office of Arkansas lottery. Afternoon. Good afternoon Mr chairman members of the committee Amani's Brent Standridge legal counsel for office of the Arkansas lottery we were before a ill see you on this rule last month the twenty first it was approved is emergency rule so it's valid for a hundred twenty days up until February twenty one since that time we've looked at that rule because it was also and all over the rules were also approved is emergency rules we don't anticipate any changes whatsoever that rule and so we're to a point now where we can put that rule in our other rules that were adopted as emergency rules to make all those rules permanent. So as far as the timeline goes in we we don't anticipate there being any issues with respect to these rules are there wasn't any opposition to them as is they were passes emergency rules. So we should be able to be back before the body I would say January at the latest December might be a little ambitious but anyway we have that process going on to get this rule as well as are others approves emergency rules and then we'll be back before the Committee NALC to seek approval of all of those. All right any questions remembers. Our thank you appreciate it. All right on item H. members as you may recall for legibility bag Arkansas bureau standards had one rule outstanding which concerned two thousand nineteen legislation that had to be that have been in litigation the agency reported last month that the litigation has concluded so we will resume monthly in person updates on the status of the rules shall come please. White House department of agriculture. Yes since since I last updated you on this. The act from twenty nineteen was challenged the constitutionality of that act was challenged the court if the in September did rule that that provisions of that act were unconstitutional this deals with the labeling of agricultural products that are edible by humans. Primarily concerning the use of meat beef pork chicken when the product is actually made from tofu or other plant based materials and as I stated the provisions of the act that we would need to promulgate rules for the court court ruled that one of those was unconstitutional on its face and the others were unenforceable and so at this point we're in a position where we don't feel like we're able to promulgated any rules regarding this act. Any questions from members. All right thank you for appearing today. Our members run to item H. and the next item on will be the November. I'm sorry Nexon will be November monthly written updates percent ACT five ninety five twenty twenty one these update your from the agencies regarding status of their rulemaking implemented twenty twenty one or twenty twenty two legislation in our in your package these updates are from those agencies revel a letter deadline for the rules than June first so they'll have more time are there any questions. Okay. The C. none then we'll filed in November monthly written updates and with that we have no further business for the subcommittee so meetings adjourn thank you.