ALC-JBC Special Language

Meeting to order. Thank you for attending. With that we're going to start on an item be. And this is the things that we carried over from our last meeting and miss Mildred. Thank you madam chairman good afternoon members the first item on the agenda we're going to discuss is workforce services there was a piece of language that we had discussed last week that dealt with the ability of the Department were for services to utilize up to two hundred positions in their growth pool apologies referred to the subcommittee kicks because I confuse the issue I confused two pieces a special language one that had to do with temporary an extra help positions that had nothing to do with the discussion so I Dr Childress graciously came to the table and clarify the positions we're talking about at the request of chair we were able to request ms K. Barnhill from department Vice Administration office of personal development to come and discuss the actual language and how its utilized by the agency so if the chairs ready for that we have to have the handout that is coming around if you look at the handout this is the new handout thank you just been given it and if we can get K. and S. Dr Childress will come down that way we have any questions. And if you will just introduce yourself for the record. Members the language that his changes on the first page of C. as page eighty seven it says Division to workforce services number three it's E. one eight the to read the third item is what was changed the language said seek approval thank you and it was changed at member's request you prior to establishing the new additional full time positions the director shall seek approval by legislative counsel now because approval was added to this language on the second page which is page eighty eight you'll see that what we call the non severability language has also been added so it will be up to the same committee to decide whether or not they want to pursue having approval language or if they want to change it to just shall seek thank you respond here yes K. barn health state personnel director office of personnel management Sri shoulders Director of the Division of work for service. Thank you both for being here I think one of the questions that we had here in the last meeting was exactly how these two hundred positions are going to be used and K. if you don't mind if you can kind of explain to us how that might be working yes ma'am this language has been around for several years and really the first time I think we've used in modern history was back in may of twenty of twenty twenty and I think it was COVID related when D. W. S. was faced with so many challenges at that time since that time we have a establish sixty two growth pull out of sixty two positions out of this two hundred two children's can you cut your off someone. Sixty two positions have been established out is out of this growth pool and We go they go through the process that they soon Senator request to the office of personnel management and we treat them just like we do the pole position that are authorized in the uniform class and compact placed in the position request to us we ask for supporting documentation as to the duties and responsibilities of those positions we analyze those and I have to have the funding to be able to support him and then we make a recommendation to the personnel committee who refuses requested in prisons that the Legislative Council turned and. Thank you very much for that explanation. Does any members have any questions about this. Do we understand what we changed. Where it says we shall seek approval. Okay do I have a motion. Motion to accept I guess this legislation legislative recommendation second on favor I'm. Nose all right remove ahead thank you all so much for being here thank you. All right with that members we're going to move down to the fun part of it we're going to start with see which is going to be the special language for review we're going to start first with the department of education as a Katie is going to. Walk us through this and so we're going to be in your week five and the first pages seven. Thank you madam chair good afternoon members Katie Walden bureau of legislative research fiscal division as manager stated the first piece of language with changes for your review today's on page seven of your special language manual this is pertaining to the salary of the Commissioner of Education. This is a recommended legislative recommended code amendment this was previously in special language that you all recommended for it to be codified it states that the secretary of education shall devote all of their per professional time to the department of education that they shall not accept salaries from other sources they shall not perform consulting work for other entities while they're serving as the Commissioner of Education. So the recommend the legislative records for this language to be codified. Thank you members do we have any questions. Does the motion religious promotion second all in favor. Night all right we'll move ahead we're going to jump down to it's going to be Page eight week five. Yes ma'am on page eight this was previously special language that stated that no state funds shall be used for abortion referral services in public schools this is listed twice in the department of its bills this one is under the general education appropriation bill and the recommendation is to delete this language as it is already stated in code and executive also provides for that. Any questions motion except. All in favor I'm not nice okay we'll move ahead we're going to move down to the five nine. Page nine in this language pertains to the if you all remember the fifteen million dollars that was set aside for the school safety grant program. Eighty just request that we remove the language the portion of the language that talks about the set up of the sub Fund as that has already occurred but they ask for the rest of the language to continue. To provide for the school safety grants. And that's executive recommendation as well thank you motion the second all in favor I'm not all right thank you now we're going to move down to five eleven. Thank you madam chair page eleven this was also temporary language that provided for the one time transfer of the fifty million dollars to the school safety grants set aside as you all know that transfer has already occurred so AT requests for that language to be deleted and the executive recommendation provides for that thank you any questions motion the second all in favor. Night all right thank you so much now will move down to Education Public School Fund which would be on page five seventeen. The first piece of language under the Public School Fund is a codification recommendation this was previously special language that stated that the consolidation incentive appropriation funding shall be allocated and spent on eligible districts in accordance with eighty E. rules this is just an added kind of requirement as I said it was special language but it is recommended to be codified now. And that's legislative recommendation thank you any questions. Motion the second all in favor. Posed nine all right thanks so much we're going to move down to five eighteen now. Page eighteen this is another like a legislative recommendation for codification it states that funds allocated for the education of students in residential or inpatient facilities as well as juvenile detention centers all the funding providing for the education of the students shall be in accordance with eighty E. rolls this was previous special language it's recommended to be put into code now and that's the recommendation thank you any questions. Motion the second all in favor say aye. Lows all right we're gonna move on down to five twenty two. On page twenty two this was previously special language but the legislative recommendation is to add this into the code this language provides that funding used for teacher retirement shall also be used to pay employer matching costs for all the employees of the education service cooperatives the occasional centers easterseals of Arkansas and the Arkansas correctional school district. Okay I have a question why are we paying easterseals of Arkansas out of this. Representa Eubanks recognized manager can we hold this until we can get that information. Well we don't really have time to hold it but what we can do is leave and special language that way we can address it. If you'd like to make that motion. So moved okay. Second. All in favor say aye. Posed ninety all right thank you so much to move ahead. At five twenty eight. Thank you madam chair on page twenty eight this is another legislative recommendation for codification is language allows that eleven dollars and twenty cents from each contribution. For health premiums shall be to offset the cost of health insurance premiums for retired members this was previously special language but the agency said that it could be put into code and so that is the legislative recommendation thank you any questions. The nun motion. Second all in favor say aye thank you we're going to move now to five thirty which we kinda just touched on a moment ago. Yes ma'am Page thirty is a like a legislative recommendation for code and code amendments this language states that of the amounts allocated for public school health insurance that dollar shall be allocated for employees of the education service cooperatives vocational centers in the Arkansas correctional school districts for health insurance costs thank you any questions. Motion the second all in favor. Lows ninety thank you will move ahead will be on five thirty one. On page thirty one this is also a legislative recommendation for code it was previously special language. The language states that alternative learning environments that operate outside in in excess of the normal school day so in addition to six hours that they can be paid proportionately for those additional operating hours. Thank you any questions motion the second all in favor say aye all right thank you so much will move down to five thirty two. On page thirty two this is the same language that you saw previously for the department this languages for the public school find it was previously in special language and it states that no state funds shall be used for abortion referrals and public schools using public school fines as I stated before this language is already in Arkansas Code six stash eighteen dash seven oh three E. and so the recommendation is for this language to be deleted. Motion the second all in favor say aye. Overhead all right we're gonna be on five forty one. Sorry five thirty eight. Yes ma'am on page thirty eight of the manual this is special language the eighty E. requested to be changed. This language establishes the criteria for funding for the enhanced student achievement grants. The existing language still refers to the old national school lunch here in SL program so AT each has just requested for the name to be changed to E. S. A. to refer to the new enhance student achievement funding and executive recommendation provides for this name change thank you so much questions motion second all in favor say aye. Right all right let's move down to five forty one now. Thank you madam chair on page forty one of your manual this was special language that pertain to the educator compensation reform sub Fund. Now that this program is over in all school districts are meeting the thirty six thousand dollar salary minimum this program has ended and so AT has requested that the special language pertaining to the old program be deleted the executive recommendation provides for the agency request thank you any questions motion the second all in favor. Close night all right thanks so much will move down to five forty four. On page forty four this was previous temporary special language that was added during the pandemic you may recall that and at that time several school districts were giving universal eligibility for school lunch programs and so in order to hold those school districts harmless over that period of time this language allowed for their NSL counts to be held constant FOR FY twenty nineteen throughout the rest of the pandemic however we're coming out of that now and schools are beginning to re apply for their school lunch application or the free and reduced lunch applications and so AT has requested for this language should be deleted as it's no longer needed the executive recommendation provides agency request thank you so much question. Motion the second all in favor. Posted thank you for going over the five fifty one now. Five fifty. Thank you madam chair on page fifty this is for the Division of career and technical education this is a legislative recommendation for codification this was previously special language that stated just the requirement that funding given for vocational started grants shall be given in accordance with rules promulgated by the Division of career read in the workforce development board so they just recommended for this language to be codified thank you so much any questions. Motion. Motion second all in favor say aye. Mosae night all right we're going to move down to five fifty one. On page fifty one also pertaining to career and technical ed this was one time fund transfer language that career and technical aid used to transfer an old balance into their public school fund account that transfer has already occurred and so the division is asking for that language should be deleted and the executive recommendation provides for that deletion thank you so much thus the westerns motion. Second all in favor I'm. Thank you let's move on now down to five fifty two. Thank you madam chair on page fifty two this is a legislative recommendation for codification this was previously special language pertaining to emergency situations allowing Division institutions of higher read it to access an extra help pool. It was set up so that any institution that was affected by a disaster or emergency could utilize this extra helpful to help the school during and after the emergency. as I stated before the recommendation is for this language to be codified and that's. Thank you do I have any questions. I have a motion motion second all in favor say aye. All right no all right let's move ahead we are going to be on five fifty six. Page fifteen. Thank you ma'am Page fifty six this is the D. H. E. loans language this language pertains to the allowance of GHC to take out loans for the payment of financial aid programs. This languages already outlined in Arkansas Code nineteen dash five dash five oh six and so the division has requested for it to be deleted and the executive provides for that request thank you any questions motion the second all in favor say aye thank you now will move down to five sixty. On page sixty this language is pertaining to the National Guard tuition incentive program. However the agency is no longer utilizing this program and so they are requesting for the language to be deleted and the executive recommendation provides for that request thank you question motion. Second all in favor. Ninety all right thank you and let's move down now to the five sixty one. On page sixty one we have another legislative recommendation for codification this was previous special language pertaining to the health education grants and loans it states that the higher Edward needing board shall set priorities and numbers of positions for each program and the Legislative recommendation is to codify the language in this format. Thank you any questions. Motion second all in favor say aye. Night all right let's move on down to paid sixty two. Page sixty two this is also another legislative recommendation for codification is language pertains to the reporting requirements for the funding allocations of higher education grants as well as projected budget allocations and as I stated this was previously special language but the recommendation is for now it to be codified thank you any questions motion. Second all in favor say aye. Hi all right so now we're going to move down to page sixty three. Page sixty three another recommendation for codification. This was previously special language it stated that any institution that receives state funds shall also be subject to legislative audit's. And the recommendation is for this to be putting code thank you any questions motion the second all in favor oppose nine all right thank you now we're going to move down to page sixty four. On page sixty four we have another legislative recommendation for codification this language states that any increase to an institution that is intended to be for salary increases that increase shall be used for salary increases at that institution. Again this was special language of this now recommended recommended to be codified thank you any questions motion second all in favor. Both night all right thank you we're gonna move down the page seventy now. On page seventy in your manual another codification recommendation this language was previously in special language and it sets up the terms for the implementation of the student undergraduate research fellowship program and the recommendation is for all these terms to be codified thank you any questions motion the second all in favor opposed nay all right thank you so much we're going to move down to five seventy two. Page seventy two another recommendation for codification this language allows the Division of higher ed to receive reimbursement for costs associated with administering lottery scholarships from the lottery and again this language is recommended to be codified thank you any questions motion second all in favor. Right thank you Page fifty I'm seventy three now. Page seventy three another recommendation for codification this language sets out the terms for the administration of the critical needs minority scholarship program and again this is recommended to be codified. Thank you any questions motion second all in favor. Night all right thank you now will move down to page seventy four. Page seventy for a recommendation for codification this allows the Division of higher ed to recover administrative fees related to the certification of out of state or non public and for profit colleges and universities this was previously special language and the recommendation is for this language to be put in the code thank you question. Motion the second all in favor oppose night all right we're going to move down to the seventy six now. On page seventy six this language was pertaining to the Arkansas workforce challenge scholarship funds as you can see further debt and middle down on the page this language actually became effective at the end of fiscal year twenty and so the agency request for the language to be deleted and the executive recommendation provides for that request thank you question's motion the second all in favor say aye opposed nay all right thank you so much moved down to page seventy nine. Page seventy nine this is new special language it's called to amend expenditures related to women's sport athletic programs. This program allows institutions of higher education to expand the amount of funds needed to support their title nine programs. So this is grants and the authority to fully fund those programs. And the executive recommendation provides for the request for new language thank you any questions. Motion. Second all in favor say aye. Thank. I. Right right thank you will move down to five eighty. On page eighty we are now on the northwest technical institute language. They have one piece of language recommended for codification. This language provides for the payment of instructors outside of their normal contract. And it allows them to be paid by private industry this was previously special language it's now recommended to be put into code thank you so much any questions motion second all in favor. Postman all right thank you so much now we're going to move down to page eighty two. Thank you madam chair so on this one I'm gonna take a second to explain this language. Was previously special language and it allows employees to receive additional payment for duties outside of their normal work contract such as being a sponsor for a club doing parent training adult ed classes it allow them to receive stipends and in the special language I think the the amount there to a different amount the school for the blind is three thousand the school for the deaf is thirty five hundred either way it's recommended to be put into code however you'll see under the agency request. Under that little B. the agency requested for that item to become five thousand dollars. But then if you look on the right hand side the executive recommendation still provides for the code amendment but it provides for the stipend amount to be thirty five hundred dollars. So. Thank you is there anybody from the agency that come down for the school the blind explain why they think they need five thousand versus the seven thirty five hundred. If you introduce yourself for the record and you're recognized. Yes Greg Rogers former education so when they were first looking at they were looking at labor costs and try to sign labor costs to that they were at the thirty five the three thousand and I think the day of school was at a different one so after they submitted and going on the Executive wrecked you'll see an earlier and one later on that both on May thirty five now and that's what they're good with okay. Hi there I understand so they're good with the Executive reckoned thirty five hundred instead of the five thousand. So. And the question I have a motion for executive. Second all in favor say aye I thank you will move ahead never gone on five eighty three. Thank you madam chair on page eighty three still with the school for the blind this language pertains to braille and large print textbooks. And it provides that funding to the school for funding to be provided to the school for the blind for the purchase and distribution of braille and large print textbooks to school districts statewide this was previously special language but they're allowing for it to be added into the code thank you any questions. CNN motion second all in favor. Follows right thank you so much now we're going to go down to page eighty four. Underpaid eighty four this language pertains to additional salary and compensation provisions and it states that no employee shall hold another job with without the approval of the school for the blind superintendent and if approved the salary must not exceed the higher of the two positions. This language is already codified and so the agency request is for this language to be deleted. Thank you. Any questions I have a motion motion the second all in favor. Opposed all right we'll move on we're going to be going down now to page eighty six members if you'll give us a minute there's a handout for this item this item deals with the certified master's degree or bachelor's degree teachers entering State Services language. Members will be getting a handle on this. Katie you're recognized to be want to continue thank you madam chair members this piece of language was part of the original batch of Legislative recommendations for codification and so that's what you're seeing in your hand out we received the manual it appear that the agency had asked for just for the language to continue because it pertains to salaries and so they felt like they needed an additional layer of discretion and they wanted to keep that and special language in case it needed to be changed so that that's what you have before you is the legislative recommendation the language states that Basically the superintendent can certify that the salary of teachers entering State Services teachers for sensory impaired might be adjusted to a rate of pay closest to but not less than the annual salary they would receive from their previous employer so it allows for a salary adjustment for those employees so you have before you the legislative recommendation for codification and hand out the agency has requested for the special language to continue. Okay. Thank you do it so make sure so the Legislative was to do away with it. It was to codify the yes ma'am but the agency wants to continue it in special language only yes ma'am okay derails Dan. Do I have a motion for either one of them beg leave it is special language or do you want codified. Special language. I have a motion. Second all in favor say aye. Ninety all right thank you so much now we're going to move down to page eighty seven. Thank you madam chair page eighty seven this is a recommendation for codification pertaining to teacher salary increases it states that if teacher if public schools receive funds from the General Assembly to raise the salaries of teachers employed in public school districts that the Arkansas school for the blind in the school for the deaf shall also be included in those increases and that's the recommendation thank you any questions motion the second all in favor opposed nay all right thank you so much we're gonna move now down to Page five ninety three. Thank you madam chair on page ninety three this language is for the Arkansas school for the deaf. And. You have already reviewed this language under the dip the school for the blind and it also included a recommendation that the language be deleted. And so the recommendation is for deletion executive provides for that as well thank you any questions motion. Motion second. All in favor say aye opposed nay all right we're gonna move down to five ninety four. On page five ninety four this is a mirror. Situation. To what you saw with the school for the blind where it was that extra duty pay that you already provided for and so the recommendation since you already voted on it for the school for the blind the recommendation is this language be deleted. On ninety four I thought this is. This is the one. Okay to thirty five hundred so we're yes ma'am related so we understand we already took care of it earlier so. Motion second. All in favor say aye. Thank you so much we're going to move down to page ninety five. On page ninety five this is Arkansas school for the deaf shift differential the Legislative recommendation is for this language to be codified it states that for the Arkansas school for the deaf shift work must not be must begin not earlier than two PM and and no later than eight AM the following day and this is another situation where there's a disagreement The agency request for the language to continue. Are there saying that it's already in code the executive provides that the that the language continue and that the time be changed from two PM to two thirty PM. Thank you. So do we have anybody here can explain the difference between what that agency request is and what the executive. And why we're changing it from two to two thirty. And if you'll come down I please recognize yourself and your introduce yourself you're recognized. Thank you Greg Rogers departments station so. My understanding is from the No seven we're going to it is that OPM is trying to make all the staff differences at the same time so ours is off by that too and they wanted to be at the two thirty. Okay do we know why the agency thought it should be delayed it but the executive wanted to leave it the because we aren't digitar Jean code under six forty three forty three twenty at the two o'clock but my understanding is that opium was trying to get off the ship difference with that same time which is why they were asking to have it changed to the two thirty representative Tosh you're recognized thank you madam chair I'm just curious what were even involved in the scheduling of shields within the within the department should not be a the Department decision as to what hours are they work I mean I guess I'm just not clear on that what we're even addressing this type of language. For the blind as close as they are state agencies we had to have and the Arkansas classic compositions we have to have something that allows either special language or something code that allows for space ship differentials well I understand that and and but you know we've got a lot of state agencies and we we give them the authority and responsibility to schedule their people at what hours they would work we don't try to mandate that we let them run their agencies and cover those shields as they deem necessary so I'm just a little of. Confused here as to what we're trying to do that and that with this particular agency that's just my question. I really don't know that did we would I mean if you wanted to it's a Jensen was which was first have that control to do that we would take and we would work with it absolutely. Ballinger could we I mean I really think we need an explanation why we're involved in the scheduling of an agency and have laid schedule their employees I just don't really understand this and maybe there's a great explanation board appreciate you trying to explain it to me I guess may have a difficult time understanding why but abuse seems like that's a little unusual maybe we don't do that with other agencies across state so while we're doing it here. We we can see if we can we get anybody from opium over here to answer that hold this until the end of the. Your. What would be representantes we're gonna put a hold on this too we get to the end of the agenda we'll come back to it and see if we can get an answer before then that's great okay what approach it thank you so we'll skip over that till the end of the agenda. and page ninety six is next and it has a handout. Thank you. And Katie recognized thank you madam chair this handout that we're seeing is the same as what we saw earlier it's the cleanup measure from that this language pertains to the certified master or bachelor teachers entering state service that allows the superintendent to adjust salaries. FOR more qualified candidates and so in this situation the legislative recommendation was to delete the language because it was already addressed in with the school for the blind they want school for the blind school for the deaf together in that code amendment so the second part they recommended that that does school language be deleted however you'll see in your book the agency requested for the special language to continue. Okay so legislative is asking that we delete it because it's already in code somewhere else correct an agency wants to continue it but it's a duplication of the is that would that be correct. It would be but it would remain in the school for the blind appropriation sections as well. Do I have any questions. I need a motion for legislative or agency request. Legislative request. I have a motion. Motion the second all in favor. I'm opposed nay so we went legislative. All right let's move down to a page ninety eight. Thank you madam chair the last piece of language for the school for the deaf is on page ninety eight. This pertains to the teacher salary increase that just again states that any time a teacher salary increases provided to public schools that the school for the deaf should also be included in that increase. It states here that this was combined with another section you remember you already reviewed this on page eighty seven under the school for the blind and it includes both the school for the blind in the school for the deaf in that codification on page eighty seven so the recommendation is for Pitsch ninety eight to be deleted thank you. Any questions I have a motion. Motion second all in favor. I. All in favor I. Opposed nay all right thank you we're moving on thank you Katie so much well as for miss walls to come down we're going to go into DHS now so we're going to be into a new week so you'll need to go to wake number six. And we're going to be on page five weeks six. Page five D. H. S.. And you're recognized thank you ma'am I am this is special language for DHS that begins on page five and it runs through age nine do you mind pulling that might just a little closer to you yes ma'am thank you and I have this section governs transfers and re allocations that are utilized by divisions are made between divisions and it lists in detail the transfer authority that specific to the Department there three subject to subsections to this piece that expect to address different aspects the first one authorizes the department secretary to request fund transfers for the DHS renovation fine as authorized in this Act as well under the provisions established in code the second piece which is B. is authorized to spend transfers within the divisions to provide for the state's matching share for programs eligible for federal reimbursement is mostly for Medicaid in these transfers are required to be reported reported quarterly and the most recent publicly available report is on the November peer agenda for next week the third section authorizes re allocations of resources within and between divisions it provides the Department with flexibility to transfer up to four times annually a combined five percent of their total annual appropriations funding positions there for the restrictions about Medicaid funding DCFS spending and the and DDS grants to community providers line item it sets out the process for requesting pleading requirements for approval from CFO the governor and the Arkansas Legislative Council in the purposes for which these transfers can occur in these requirements must be satisfied prior to any transfer this kind of caring the most recent transfer was done in June for the it is the first reallocation for fiscal year twenty three they also have a reallocation on November's puritan death next week your term a seven about. Halfway a little over halfway down the page there executive recommendation is for the number of re allocations to be reduced from for reallocation per year to two. An. And that's it for this one thank you so much I have a question what's the difference between. Legislative an agency request an executive the difference if you go to page seven. Because it's really hard to see on page seven it's eleven lines from the bottom if elected there it's about it's almost halfway up the page on the very on the right side and it is at the very end of the line and they strike through four and underlying to this change the number of reallocation request that they can do in a fiscal year okay thank you so we understand we have legislative agency request an executive request. Executive takes down the number of times that they can request reallocation from four to two so. Any questions. Do I have a motion for executive. Correct. motion second. All in favor say aye. Post nine thank you we're moving ahead and we're going to do on sixteen in you're recognized thank you ma'am this next one is a I'm sorry members this is gonna be a companion piece there's on page eleven a similar piece of language we're going to do a hand out this deals with nursing direct care education there's a stipend program with Department of Health and aside from program with Department of Human Services the language is similar there's been a codification suggested to combine the two pieces of language was walls is going to go through it but this is the handout the gives you the language for department of health and you'll see in your manuals the Department of Human Services request. Thank you you're recognized yes ma'am thank you this section and that serve a legislative requests for college like legislative recommendation for codification combines two similar pieces for the Department of Health and the Department of Human Services together it allows for stipends to be paid for nursing students and sets requirements for their employment upon graduation how many seconds are available and from which funding sources those statements may be paid it also sets forth repayment requirements in the event that there employment commitment is defaulted on if you lack in it has aids six dash eight two dash two two zero two is for the Department of Human Services type and which is for everything from registered and licensed practical nurses down to behavioral health aides in the list of the top and then the department of health stipend which is on page eleven a six dash eight two dash two two zero three and that one pertains only to advance practice nurses and the executive recommendation provides for codification thank you do I have any questions. C. nine to have a motion. Motion the second all in favor say aye. We were hit okay thank you so much. The second rate all right miss M. and chair the next change that we're gonna do is that legislative or recommendation for codification it's on page thirteen. And it runs through Page fifteen AM this is for nursing director Richard Krugman retention bonuses and it allows the Department issue recruitment retention bonuses to certain types of direct care workers primarily nurses in addition to the regular salary this sets out the total amounts that they can be paid and the amounts in the time period that their pay because they don't get it on some all once they get it as their employed and it says that if they do not fulfill their employment obligations for each time period any remaining payments are forfeited and the executive recommendation provides for the codification thank you any questions. I have a motion motion second all in favor say aye. Posay nine thank you with that. Mildred if you don't mind thank you if you don't mind can you. Going to do this one eleven because we'll have to make right we're gonna go down we're going to be on Department of Health. That's at hand out the were just given members as a result of the codification that live with just explained there were differences in DHS's language and Department of Health language with regards to the nursing direct care program now accepting the codification means that any discrepancies within the program that were adjusted by the agencies to include. All of the changes that were different in terms of the stipend amounts in terms of the types of nurses that would beginning the stipends and the program requirements those issues were resolved in the convocation so accepting that codification means that this piece of language that you see on page one eleven and they hand out is going to be the lead in our department House appropriation bill just wanna make sure everybody understands that before we move on. Iran stand basically what we just codified took care of this and we're going to delete it and the Department of Health. So and I will need a motion. Motion the second all in favor say aye right thank you so much and while we're going to be back at six eighteen and you're recognized and if it please the chair representative Cavenaugh I'd like to discuss six eighteen is going to be deleted as a result of a codification that I'm going to talk about later so if it's okay with you I'd like to talk about all five of those pieces together in a in a couple minutes okay. all right so we're gonna I'm going to be talking about what's on page six twenty for vocational trainees and this actually encompasses six twenty six twenty three and six twenty four they're requesting that these pieces of special language be codified into a single set into a single piece so that would mean that the vocational trainees piece will appear as the codified piece and then the extra help in I'm sorry that job here in state hospital contingency positions will be appear deleted and the bill. And what this allows is it authorizes the first section for vocational trainees at authorizes the divisions to provide employment opportunities to residents separate from those in regular vocational training in those positions will be provided by the community mental health center or at the Arkansas State Hospital on a cash account basis and the second piece is jobs share for nursing classifications and it allows the division to utilize job sharing for nursing positions for up to twenty four hours per week per individual to allow for weekend option shifts unless the division to use their days the same to a two people in one position so that they'd have to request additional positions in order to allow for a week and option and then the third piece is on page twenty and twenty one and it allows the divisions to request additional contingency fee positions in the event that and management contract with private providers is discontinued at the Arkansas State Hospital. I'm in the executive provides for the codification of all these things together so that would mean that. Twenty M. would be codified and twenty three and twenty four would be deleted as a result of the codification if you choose to codify this thanks so members just make sure we understand we codified twenty what we're going to be doing is combining twenty three and twenty four in it so we will be codifying twenty and the lady twenty three and twenty four. To have any questions. I have a motion. Motion the second all in favor say aye on Thursday night all right thank you so much. All right well you can go back up to eighteen at work you want are you I am going to say I'm going to go actually to page twenty eight eighteen S. is part of this one as well this twenty eight is a codification of legislative recommendation codification for code amendment and it codifies six eighteen. M. six. Twenty seven. Six. Twenty eight. Six thirty six and six thirty seven together into a single piece and we waited this will be appear codified in here and for page twenty eight and then eight and then those other pieces would be deleted as a result of the codification if you choose to do that so let me explain what it does okay the first section of it is for timber and he sales by the division it allows the division to harvest timber and Hey at its facilities to make capital improvements or purchase capital equipment and allows for the announcmenet to be utilized for operations at the Arkansas Health Center it sets forth accounting contracting reporting requirements for these funds. And the next piece is on page starts on page twenty nine as extra help limitations it places annual limitations on extra help positions of the division they can be paid no more than eighty five percent of the maximum annual salary for a comparable full time position and they are limited to one thousand eight hundred hours per year. the next one is in it's going to be on page twenty nine in its talks about state federal funds in there three pieces that aired in subsections that are codified together and it's going to allow the Department secretary to use state funds to match federal funds available through the older Americans tax act which is titles three in five social services block grants or other funds as they become available and little be is allowing to division to disperse grants and contracts in the same manner as authorized under title three of the older Americans act and section C. S. says that federal funding shall be used to conserve or reduce the expenditure of state general revenue except where it's prohibited by law in the executive recommendation provides for the codification of all five of those pieces together in a single place thank you are representive eleven recognized for a question thank you madam chair miss walls six twenty eight we're talking about sales timber and Hey. I think the project is that we talk and and and where where is this. Where is this land that this is being done on. Honestly Sir I know that for the timber piece it doesn't happen very frequently because you have to allow for timber stand to actually grow before you can harvest it and I'm not certain which one of the facilities this act someone from the agency no. Yes if you can come down and please introduce yourself for the record and you're recognized. Good afternoon J. hill with agent of a real services. Senator you ask about where the location is so the Arkansas health centers a facility located in just outside of Benton well town called Haskell it's approximately five hundred acre campus and in two thousand seven two thousand eight planted to between and I'm I'm guesstimate between eighty to a hundred acres of open open land with with time countries there was a estimated twenty year wait for those to reach maturity so we're not quite there yet be roughly twenty twenty eight before those for those that that all that timber would be ready for harvesting but it was just it was unused land and it was the opportunity for us to make an investment and plan for capital improvements in the future by using it goes way up to this point there agency is not harvested any timber harvested any Hey we have something that's planning for the future we have not in many years and it probably has been fifteen to twenty years since we harvested hay on those properties there are stands of timber that are mature that could be we've not had a a need to to to cut those yet there are portions of that property that do have some pretty pretty substantial stands of timber on okay great thank you for the explanation just a manager thank. Any other questions. Okay just for clarification if we codify six twenty eight it's going to combine six eighteen six twenty seven six thirty six and six thirty seven all in one so six eighteen six twenty seven six thirty six and thirty seven will be delayed it and rolled in the six twenty eight. Okay and I have a motion. Motion the second all in favor say aye. Jose nine are thank you with that we're going to move down to DHS county operations and that's going to be six Page forty four. Thank you thank you ma'am all right this one is a is a legislative recommendation for codification for the Division county operations for their employees and states in the event of a state or federal disaster declaration The division may exceed the normal limitations on contracting extra help labor and the executive for recommendation provides for the five codification of this piece. Thank you. Any questions. C. nine to have a motion. March second all in favor say aye. Okay thank you so much. And then we're gonna move down to DHS developmental disabilities which is going to be on page six forty seven and miss walls you're recognized if you had your but not term job of a state a okay thank you ma'am on page forty seven this is Ellis at a recommendation for codification and involving vocational trainees this allows the division to provide employment opportunities for residents in human development centers to work at less than competitive employment level and the executive recommendation provides for the codification of this piece. Thank you any questions. Saying that I have a motion. Motion a second all in favor I pose a night thank you so much now will move down to six forty eight and you're recognized thank you ma'am I'm paid six forty eight this is timber sales proceeds for capital improvements equipment for developmental disability services so it is a similar situation to the one with behavioral health services that we just talked about this allows the division to harvest timber at its facilities for capital improvements and to purchase capital equipment and it sets forth accounting contracting reporting requirements for those funds and per the agency similar language is codified in this section may be deleted that if you look at the very very bottom on page forty eight actually says the recommendation it does that this is codified and its good aye aye and it does it can be deleted city executive recommendation provides for the deletion of this piece thank you so much just for clarification we're going to be the leading this because it's already been codified have a motion motion second all in favor say aye I thank you so much let's move down to six forty nine and you're recognized as well yes ma'am thank you and this is our last piece for DDS is for as a legislator recommendation for codification and it's a prohibition of closures of human development centers and also discusses funding for human development centers and community providers this prohibits closures or reductions in funding to the human development centers or the IT community providers and provide for the continued acceptance of clients for both types of services and the executive recommendation provides for the codification all right thank you can I have someone from the agency come down I have a question. And if you can just introduce yourself for the record to be recognized. Melissa whether ten director for development disabilities services thank you so much my question and you're familiar with this you know we've been working and some mental health issues and work with and development of the agencies is this going to affect anything that we're currently kind of working on how we're you know we've changed the manual around and things like that I don't want to do anything that's going to create an issue with what we're trying to accomplish in the next session. no ma'am I don't think it's going to cause conflict with what we've been working on but we did have suggested language changes to this particular section we were not recommending that this be codified as is okay are you one minute left in special language is that what you're you're wanting are you actually. Morning actual verbiage changes. We were actually asking for Burbage changes get. And what changes. For that are are they that you asking so what we had recommended was that and the the starting at the top where it says twenty forty eight four nineteen with the prohibition language we had no suggested changes about language nor section a that says the board of development disabilities services shall not close we did not have any M. suggested changes but from that point forward we were asking for the language to be removed the reason being like if you get to be one it says the department shall continue to accept clients for whom we determined need therapy in residential at the human development centers that's actually not the criteria to get into a human development center and then if you keep going down and it goes into great detail about and how we match federal funds and these items are already in our special language in other sections on how you'll allocate and appropriate funding to ask for these funds sources so we were saying that and those things and like I said the B. one is just is not very accurate and then the rest is the duplication okay so just to clarify you're okay with a. But then you would like this distract through B. one and everything down to the rest of the language yes ma'am and that's because the definition bay one is not correct and then the rest of it is a duplication and other parts of special language yes exactly okay. Do I have any questions do we understand what that agency request is. So if I had. You're recognized representing Eubanks thank you madam chairs of the agency requests has changed. Thank. Correct yes okay. So the motion would be to accept. The recommendation as it appears with the change that we would delete everything from baby one all the way down. Do it I have a motion for that. Motion second all in favor say aye. Thank you thank you you're welcome all right with that we're going to move on to I have no idea at this point six forty no six fifty two which is DHS medical services. And you're recognized thank you madam chair and this particular piece of special language is actually in the at the Medicaid tobacco settlement program appropriation bill it is for medical service as their it's it's just included with medical services but it would apply to all of those appropriations that we have for Medicaid to back that are included in meditate Medicaid tobacco settlement program and this requires it separate paying accounts be established and maintained for the Medicaid tobacco settlement program this is something that has done been done since we have had the tobacco settlement proceeds act so it is something that they're accustomed to doing and it will continue this to just allow it to continue and be codified instead of appearing special language in the executive recommendation provides for codification thank you so much have any questions motion. Motion the second all in favor say aye. Posay night all right thank you. Just. Thank you hold on just a moment. Since OPM is here we're going to go back and we're going to take up Page ninety five that's five twenty eight. So she can explain To representative Tosh so he can understand. Okay if you come down recognize yourself thank you so much for coming back. And if you just introduce yourself and you'll be recognized. Hey Barnhill state personnel director TSS OPM thank you they're Tosh if you'll try if you're ready to put your Speaker on and on. Can you your Speaker yeah. Got me now I got you now okay I have the opportunity while ago to K. came over we had an opportunity to visit and She explained to me and was able to thoroughly answer my question I understand and they are not to schedule in for their share of work this strictly had to do and you can correct me if I'm wrong it had to do with the some type of incentive pay for extra hours worked at certain times of the day but the agency is not scared schedule and we're not trying to put in the language and tell him when they can work in when it can't work so I'm satisfied with it if you would like to explain it for the rest of the committee and maybe I've I've just copies that poor yeah I don't know but so what do we need to do. Okay okay in the in form class and compact what we do is we allow for shift differential so any employees who should start after two at two thirty after is eligible for six percent incentive differential at the department so wants to pay it if there's just starts after eleven o'clock at night their eligible for twelve percent incentive differential and there's also a weekend shipped differential this is used most commonly and residential facilities and twenty four hour facilities where they have to make a payment there's no requirement of the departments to make that payment but that is what the practice of the law allows for if they're going to make that payment they put a request and OPM we approve it to make sure it meets criteria and set up on the HRS and so that's kinda house of different works okay thank you so much with that explanation do I have a motion motion second all in favor say aye thank you so much for coming back. Okay miss walls if you would like to return and with that we're gonna pick up with DHS medical services which is going to be six page sixty. And you're recognized. Thank you madam chair and this is the legislative recommendation for codification on page sixty regarding pharmacy pharmaceutical dispensing fee surveys. It provides for pharmaceutical dispensing fee survey no more than two years before making changes to the fee. And establishes that only factors relative to cost shall be surveyed in states what those factors shall not include and it allows it to fees maybe increased at any time I am in the executive provides for codification of this piece thank you so much to have any questions. I have a motion a motion second all in favor say aye. Posay nine all right thank you so much with that we're going to move down to page sixty four in its walls you're recognized all right and thank you madam chair on page sixty four this is legislative recommendation for clarification regarding early and periodic screening and diagnostic and treatment services for children it clarifies the Medicaid state plan pertaining to EPS D. T. services for children and teens on the Medicaid program regarding the types of services the program will provide it also clarifies in regards to a District Court decision that child health management services clinics will be reimbursed for both diagnostic and treatment services for early intervention day treatment and the executive recommendation provides for codification of this piece thank you so much do I have any questions. Saying that I have a motion motion second all in favor say aye. Ninety thank you will move down this page sixty seven now thank you madam chair and this legislative recommendation codification is regarding personal care program in private care agency participation requirements this allows that private care agencies be eligible for round the clock reimbursement subject to Medicaid program rules regarding monthly benefit limits and prior authorization requirements it defines what a private care agency is and it requires that they be licensed and supervised under the department of health rules and the executive recommendation provides for codification of this as well thank you so much to have any questions. Motion second all in favor say aye opposed say nay aren't thank you so much. All right miss walls with that we're going to move down to DHS division a provider services and quality assurance which is going to be a paid seventy six. You're recognized thank you ma'am and this man on page seventy six M. is eligible a recommendation for codification regarding certification and licensure by the Division of provider services and quality assurance it establishes that the division may use funds appropriated for certification or licensure of entities on behalf of any other Division of the Department of Human Services and the entities certified or licensed by the division of provider services and quality assurance hold their certification or licensure under the authority of the relevant other division of the department and that certified or licensed entities are bound by the laws rules and regulations of the relevant divisions authority and and the executive recommendation provides for the phone codification is peace thank you so much do I have any questions. All right do I have a motion. Motion second all in favor say aye. Posay nine aren't thank you so much with that we're going to move down to DHS you services division will be on page seventy seven ms walls you're recognized thank you madam chair and this piece is for is a change and it provides a mechanism to transfer funding and at two seven hundred and forty thousand dollars to pay for the juvenile ombudsman program. And the executive recommendation that is included here changes the amount the amount that can be transferred it and decreases that from two hundred forty thousand dollars to one hundred and twenty thousand dollars and and that's all that they have to say for this particular piece okay thank you and members if you'll notice there's a difference between what the Legislative an agency request is versus the executive request and the defender commission would like to come down and speak to that so if you would like to come down to recognize yourself in addition cell for the record and you're recognized. We are on page seventy seven. Grech perished Arkansas public defender commission of the this is obviously not a request from the agency. Since the inception of the ombudsman program in nineteen ninety nine that. That part of our agency has gone from eight people to one. And this position is separately allocated by statute setting forth. The duties and all rights of the ombudsman that is found in sixteen eighty seven to sixteen. What this state what this request also brought to the attention is that the statute mandates that the ombudsman reports we have one also have an assistant about Bussmann for which we have no position whatsoever. The money sell this works is the moneys come to us for from DHS. And if we do not use all of the funds as we don't we always tell DHS what we're needing and allow them or free them up to use the money in other ways. Some of the obligations on them but it's been just so you will know what I mean I got a phone call last week she was trying to enter facility for juveniles are detained because of some issues that arose there. The statute gives her court plans to do so and she was being denied access. to inspect the needs of the juvenile. I don't know where the request comes from or why. But the she was instrumental in protecting. Children kids who are in custody in juvenile custody. And I'll be to glad to take any questions anyone might have. Okay members I just wanna try to clarify I think the way that this is happened is this would have been one of the special languages that we would have backed because it was a date only change but when that happened the executive came back with a different recommendation basically they changed their okay with the date change but they also reduce the amount of money so that's how this came about because it was one that we were going to reject we were going to batch because it was a date change only. So that's how this came about. And representative Springer you're recognized for a question good afternoon thank you madam chair so I'm just trying to understand so your request is for the two hundred and forty thousand dollars to me be maintained yes ma'am that's correct and then my follow up question is why is it that you want this to remit main beam remain a special language whether they become part of the statute well it it just came to our attention last week of the reduction of what we are seeing at this point. Now that all the facilities are opening back up the floodgates of opened for her for this one person. And we expected to be this way for the next couple of years since it's been hectic is not a good word to use I would say that okay so and then the answer to my follow up question why would you want this to remain in special language and not be become a part of the statute. Procedurally I think it needs to remain here so with there's no question what the intent is as for where the money's coming from and how there to be used of the statute does not address the funding whatsoever okay so then I guess my follow up question and then how does one know about this program how is it communicated if it's not part of the statute I would want how would one know that this this is available to them in it's by statute and we will I'll receive this through the commission through the public defenders as well as the private attorneys the problem or knows about this program and what her role is done only to inspect facilities addressed to everyone else needs. That means there's like twelve or thirteen roles that she has are listed she also provides testimony throughout the state for instance you've got a fourteen year old charged with a felony that may belong in juvenile court first adult court she looks two avenues for treatment all the public defenders as well as the problem or use or as well for her expertise which is widely known the monks the the defense for the state of Arkansas by statute I guess final question I guess I guess I'm not understanding what portion this year that's not a part of the statue okay I think I might be able to clarify okay thank you all this is doing is changing the amount that you want okay if not being codified okay we're just trying to change that I understand but that's I guess that's my whole problem is is not being codified and is not a part of the statute so is going to remain as special language and so that's what I'm that's what my question and concern is is that is not a part of the statue is that risks remaining in special language and who knows about it how does the public know about something this subdivision this is not anything to do with the program this is just with the appropriation of ninety I understand I understand that I'm I'm I guess I'm still not understanding that person's or where that there is this program available and there's funding to assist them with whatever needs they have that's my point thank you. Mr Speaker you're recognized. I think maybe I've gotten some answers there's been text to me by my question would be why is the executive recommendation so much lower how much has been spent in and how much has been spent in the past. I cannot answer why the executive recommendations lower I don't know this just came to our attention last week. So someone else may be able to answer maybe we the FNA maybe could could enlighten us but I mean I think that the ex the expenses been. Around seventy seven thousand last year are do you into you have any idea what you would anticipate spending on this understanding that things have opened back up and I know particular with our juvenile facilities it's a there's a lot of fun. Needs and issues there. I certainly anticipate expanding the one twenty com no doubt and with the statue proclaiming that the ombudsman. Should have in the system as well. Question is does the funding come out of this two forty as well because of statutory and we don't even have that position. Thank you. And they have made do you think you come down and answer the speaker's question. And if you don't mind if you'll introduce yourself when you're recognized thank you so much for coming. Yes Robert record DFA the reason it was reduced to there hasn't been an expense over eighty thousand dollars or work today and in the age of sexually budgeted seventy seven thousand in this so that's why I was reduce they haven't spent that much in the past okay thank you. All right any other questions. I have a motion. Agency wreck. So that means it'll be the two forty just so we all know so I have a motion for agency wreck do I have a second. Second all in favor say aye all right now As will move ahead okay with that we're going to move down to six seventy nine and miss walls you're recognized. Thank you madam chair and this is a legislative recommendations for modifications on pages seventy nine eighty and this is another piece about harvesting timber. This allows DYS to harvest timber at its Mansfield facility to make capital improvements and pay for capital projects at that facility and it sets forth the counting contracting reporting requirements for those funds in the executive recommendation provides for the codification thank you so much. Members I have any questions. Sam and I have a motion. Motion all of a second all in favor say aye opposed say night all right thank you thank you miss walls Preciado it now we're going to go down to a issue Jones Burrel we're gonna be and to wake number seven and Mr rice is going to be with us and our first one is going to be a issue Jones Burrel the pages seven eight. All right members in your packets in your binders you'll see special language volume seven. But what you should also have is this handout that has about eight separate pieces of language in its salmon colored. What we have in this packet or pieces of language that were legislative we recommended to be codified these are different pieces of language the institutions of higher ed put together their own special language manual so the manuals that you have or are there requests for what they would like to see in the appropriation bills moving forward and the eight pieces that you have in this handout or what the legislative recommendations are for codification. Okay members just wanna make sure you understand. What we have in the weeks seven. Is what the agency request is that they would like to have in their special handout you have that looks like this is what the Legislative would like to have they will not be the same. Just giving you a heads up. All right Mister Reiss you're recognized and we're moving down to seven eight. Thank you madam chair Henry rice beer legislative research of we're on page eight and the current language allows the issue system to offer bonuses and educational differentials of up to six percent of the employee's salary for degree attainment and these are allowed if the education is included as a special Carmen or minimum qualification the institution request deleting the language and the a heck B. that's the Arkansas higher education coordinating board provides for this request and in the salmon colored handout on page eight the legislative recommendation is to codify the language. Okay just so we understand the agency and a heck recommend we delete it. Legislative recommends we codified. So we need to talk about this and what we're really. And the agency is here if you don't mind if you'll come down introduce yourself for the record and you're recognized. Thank you madam chair members of the committee members the reason we want to delete this is we want to reconsider this idea and want to so do away with this language and reconsider the our policy position in regards to this if we want to do something later that's why you don't want codified because you've got to come back into the a bill to repeal it and everything else if we decide to go a different route so it's something institution wants to look at internally and then come back to the General Assembly shall we decide if we want to continue it into the future we haven't Chesler leadership if we wanna do something into the future or not or not do this at all maybe go a different route so that's reason we want to leave it okay. We can come back representative can to represent of eleven you're recognized for a question thank you madam chair So there's Legislative intent here. Who was a legislator that. The intended this language we brought the language initially I don't know it was probably a member that sponsored. I can't remember which member it was but it was at our request service so there's been no discussion with of member changing deleting that's been there a long time I don't know how long it's being or note the member who sponsored it's been here. yeah okay. So it's been there well Sir thank you bye bye go calling. All right members. Hold on just a second. Members if you don't mind we're going to take a small recess until we figure out something and then we'll be right back so we're gonna take a few moments for recess. You. Again for recess Mr Anderson is going to explain of how we arrived at. Our handout thank you so much. Mr Anderson you're recognized it you'll introduce yourself and to be recognized. Thank you madam chair Kevin Anderson of Legislative Research. during the interim. Of a lot of special language was codified a lot of existing special language is codified. Right by your staff and that's what you'll find in this. In this handout right here's the existing language that your staff codified without making any policy changes just taking existing language and moving it out a special language in the code when we receive the manual from the institutions it had something completely different and they're so we felt obligated to show you the what the legislative recommendation was by your staff and then what the agency requests so that you all can make an informed decision on which one you which way you wanted to go in the agency is here to say why they wanted something different in what's important point out is in this we didn't make any policy changes it was actually taking existing language that was specialized which input again and code where is these by with by the agency made some changes so they're here to explain why they wanted those changes. Any questions from a stranger son. The nun thank you so much Mister Anderson. So does that clarify why there may be a difference. Okay with that we're going to go back and we're going to discuss seven Page eight. Which is for a issue Jones Burrel. As You John's role has asked for us to delete this. And then. So. The representative Tosh Ballinger I'll have a motion at the proper time. Time of the law I think we uh up the issue up I would need to grant a request to Two of. Put this off and not codified at this time and K. in the event I want to come back later and and re address this issue I think we need to allow them that opportunity to do so okay I just want to clarify a issues request as we delete the language not codified we're going to delete the language I wanna make sure we understand what are what we're going okay thanks for clarifying that I did miss I understand but I still of moved that we delay to language in honor of the request okay thank you I have a motion I have a second second all in favor say aye. All right now As thank you so much and with that we're going to move down to seven eleven is which is Arkansas tech and Mr rice you're recognized. Thank you madam chair. We're on page eleven. This language in its current form allows Arkansas tech to make special allowances of up to ten thousand dollars to coaches who coach more than one sport and as such allowances they must be reported annually to join audit the legislative the legislative recommendation is to codify this section it also includes another section on page fourteen if I may include that as well if I can go down to page fourteen yes Sir thank you. So on page fourteen this language allows the Arkansas tech board of trustees to reimburse their faculty for tuition fees and educational related expenses of who seek additional educational levels and these requests must me critical shortage instructional areas or when academic programs must be restructured and the Legislative recommendation is to delete district this current section and it's to combine and codify with the language on page eleven that I just went over okay thank you so much I just I guess I have a question not just for Arkansas tech but for the other schools that come because you're if you've went through this we have several requests that are very similar my request is not a agency might be able to answer BLR staff so this will allow them to pay ten thousand dollars extra if a coach T. coach is more than one sport what if a teacher or professor actually teaches more than one core subject do they get extra pay for that. Can somebody come down and answer that so. So it's on the record. Because of somebody hears coaches are getting paid teachers aren't I want to make sure that's on the record and if you don't mind introduce yourself for the record and you're recognized. It push it again. It's read your on thirty eighth Julie Bates executive vice president at the issue system office yes and I would just say that yes faculty are paid over low pay for when they have to teach over there assigned amount okay and how is that paid reconciled I mean how did they how much pay did they get if they do one course load one subject over it would vary by campus. Can you give me around I'm. I really can't ma'am with that I can find out for you pretty quickly though before we leave yeah if you could just kind of find out I just because you know we're asking this I'd like to know that you know. We're all good with athletics but were also good with academics and we want to make sure that academics are getting reimbursed also yes if you could find that out I appreciate you thank you. With that members Almeida motion. Second. All in favor say aye. Thank you now remember what we just did is we took eleven page eleven and fourteen and combined them and fourteen is deleted okay with that we're going to go down to page twelve and Mr rice you're recognized thank you madam chair we're on page twelve and currently this language outlines the goals and priorities of the Arkansas tech institute which is under the auspice of Arkansas tech university and it also has a reporting requirement to L. C. or GB C. about its funding programs and services and the Legislative recommendation is for codification. Thank you so much have any questions. Sam and I have a motion motion second all in favor say aye. All right thank you nice we're gonna move down that's going to take us to Henderson state university which is gonna be on page seventeen image director recognized I mean fifteen. Thank you madam chair one page fifteen the current language states that the funding for the community education center let's be used only for the operation and maintenance of the center and to teach technical and industrial subject to citizens and employers legislative recommendations for the codification of this section. Thank you any questions. Motion second all in favor say aye. Jose nine all right thank you were moving ahead now we're going to jump down to southern Arkansas State University which is going to be paid seventeen and you're recognized Mister Reiss thank you madam chair on page seventeen this language states that the S. A. U. board of trustees may reimburse tuition fees and other educational related expenses for faculty who are seeking additional education levels this only applies in critical shortage instructional areas and this also but it's going to combine Page nineteen if it's the will of the committee if I may go to that page include that yes Sir thank you we're on page nineteen and this language it currently states that this so you board may make special allowances to its coaches who coached multiple sports up to ten thousand dollars must be paid from auxiliary income and they must report these allowances to join audit annually and the Legislative recommendation is to delete the existing language and codify it with the language on page seventeen which we just discussed thank you so much all right just for clarification what this is going to do this is going to take seventeen and nineteen and combine them into seventeen and nineteen will be deleted so. I have a question. Motion second all in favor say aye opposed a night thank you so much we're moving ahead we are now going to be on page you have a we're going to be paid seven twenty six this is one that's going to be in our special handouts so you're going to see a difference and you're recognized Mister Reiss thank you madam chair sort page twenty six and the current language as it's outlined in the handout that's also says Page twenty six at the bottom the current language allows the board of of the board of trustees of the University of Arkansas to provide allowances for housing and other unusual expenses for athletic directors head coaches assistant coaches coordinators and head trainers and these payments must come from athletic event revenue or sources other than state funds and they cannot exceed ten thousand for athletic director directors associate eighties And head coaches and other listed positions they're limited to one thousand dollars a year so the legislative recommendation is to codify this section along with page twenty nine. Actually skews me that should be twenty eight twenty eight okay sorry bout that. If I am good in twenty eight real quick and I'll jump back up to the institution request. So on page twenty eight the legislative recommendation which is basically the current language it states that the U. of a board of trustees may pay the coaches from contracts for with vendors of a peril it's athletic apparel shoes multimedia rights and other products for consulting other obligations related to the contract so the institution request is to delete the second piece of language not the first part will get back to that and the a heck B. that's of Arkansas higher education coordinating board recommendation provides for this request and the legislative recommendation is for codification of this section and the first. So I'm gonna go back and I wanted to talk about the institution request. The a heck be written recommendation is to in essence codify these two sections. So the institution requested differs in that it removes the limit of compensation which is up to one month salary and it replaces this specified positions that I discussed earlier with all employees and athletic department and those who directly support its operation so it allows them all to be paid it also removes the mention of being used for housing allowances for broader use an instant the excuse me at the institution request it request the deletion of the next section which I've just discussed while the legislative request provides for codification of those two sections. Thank you. Mr Speaker you're recognized for a question yeah I think the be helpful to have the U. of a come down just to go over these changes If you don't mind if you come down and introduce yourself for the record and you're recognized. Matt makori. Thank you madam chairman Rebecca Haley University of Arkansas government relations. McElroy S. senior associate general counsel for athletics with the University of Arkansas System general counsel's office thank you you're recognized Mister Speaker yeah so. Mr McQuay at thank god we've already heard an explanation of it but I think just from your base perspective you can talk through why the difference between what you've asked for versus what the what what BLR had previously marked up. At thank you Mr Speaker I think it's important understand what the practical reason for that particular special language had been over the years and the primary function of that was to ensure that the athletic department was fully self funded and that it would use its auxiliary income to pay for athletic expenditures so that it wouldn't drawn the finite resources of state appropriations or draw from student fees at the time it was written those amounts we're certainly reasonable and I will say this we do agree that these amounts should be codified. but over the years it's not that those provisions have not been addressed and large a lot of that language in the codification is antiquated some of the titles are no longer used some of the titles of change to different titles and I think everyone in here is probably seen that the amounts are substantially larger now but what it does is if you keep the ten thousand and one thousand amounts lower it limits the amount of. Ticket revenue merchandise apparel funds that you can use to actually pay for that which then would either do one of two things put the burden back on using state appropriated fees our state appropriated dollars student fees or utilizing a private foundation funds and one of the things that are current athletic director and current administration wanted to make sure is that we had greater transparency so we took this as an opportunity knowing that was gonna be codified we wanted to make sure that it was something that would not need to be amended every year or addressed every year. and and would stand the test of time of the next fifty years so we we clarified some of that we simplified the language combine two of the provisions to make it easier to follow the other at the vantage I think the codifying is that it makes the funding source transparent it's easier to find than finding the special language in the appropriation. Thank you thank you. Any other questions. I have a motion at the proper time. Mister Speaker the proper time is now like to make a motion I will I would move the agency request incentives institution request thank you Mr Speaker with that we have institution request the second all in favor say aye. Posay ninety all right thank you will move on and with that we're going to go down to the U. of a system and that's going to be on seven thirty one and this is another one that we will actually have another. Out of the R. package so they'll be different Mr rasher recognized. Thank you madam chair so the current special language it states the Arkansas school for math science and arts and structures residential life staff and mental health professionals who work in the summer months within the summer program they may be paid no more than one tenth of their annual salary for each month worked and the a heck B. recommendation provides for the institution request you're the handout which is on page thirty one. Of the the current language is identical but the the agency they institution they refer only to teacher residential mentors being able to receive additional compensation skews me the legislative request recommendation and the legislative recommendations for codification the institution requested it broadens the the number of employees who can receive these additional payments or she's me be eligible for the one ten salary additional compensation. Okay so members just clarifies. What is currently special language. Says that it could be teacher residential mentor only. The institution request as actually broaden that for instructors member residential staff laugh mental health professionals so it's broad and who can get that one tenth extra salary that is essentially what I see to be the difference or not I'm wrong somebody let me know but that's what I say. And so to have any questions. Do I have a motion. Are we going to do we're going to take institution request. Yes second. All in favor say aye. Okay all right we're moving on. All right thank you and with that members we are going to go down to seven thirty two. Mr rice or recognized actually I think maybe we combine seven thirty one seven thirty eight so we're going to go down now so you of a medical sciences which is going to be on page seven forty three. You're recognized Mysterons. I think rampage thirty two are we still sorry our one thirty two sorry about that a one page thirty two and. The current language allows of the U. of a system to pay one time bonuses or educational differentials of up to six percent for degree attainment for its employees this is an all out of the education is included as a special carmine or minimum minimum qualification it be recommendation provides for the institution requests for deletion and the Legislative recommendation is for codification so this is one of the recommendations differ. Thank you Mr ask all right so this is one where we got a difference between what is currently in language versus what the institution had requested the institution basically requested that it be deleted. So we need to discuss this and figure out which way we want to go. And if someone from the agency can come down explain why you're needing to have it deleted that would be great and if you can introduce yourself for the record and you're recognized. Hi Melissa roast with university of Arkansas system this is the same language that a issue Jones or a request to be deleted a few moments ago and essentially The personal subcommittees report that was adopted this morning in joint budget committee Basically approves the recommendation that the coordinating board made to move positions from classified and unclassified status and based upon that recommendation there's not a need for this language going forward and so that's the basis upon which we requested that the language be delayed thank you to have any questions members. Motion institution request motion is to request all and second all in favor say aye hi thank you thank you for appreciate now we're going to move down to the U. of a medical services sciences and it's going to be on seven forty three. And you're recognized Mister asks. Thank you madam chair. So this is this piece of language is going to combine about seven or eight section so it's alright with the the chairman of kind of briefly just go over the so we're not here all day so this this language it states the necessity and intent of the General Assembly to aid in developing rule pride band across the state. And at the institute for digital health innovation at UAMS will manage the application process promulgate rules and determine grant funds to applicants and the limit per Grant is seventy five thousand. And L. C. or JVC approval is required for grants to be awarded. UAMS must provide a bi annual report to detailing the fund balance administrative overhead costs and grant applications received the total of Grant funds awarded and has to go to the governor L. C. or J. B. C. and the Joint Committee on Advanced Communications and information technology and the treasure of State one vest the available money in this fund the money in the fund will carry forward to the next fiscal year. And local entities to receive grants must report to you M. S. twice a year about their broadband due diligence studies this in the manual there is a cut off of some of the information on page forty eight. And that information what it provides is it just provides a. Who the local providers who get the federal funds who they must notify and that's the digital health innovation institute the governor LC or JBC the Joint Committee on Advanced Communications and information technology so in the manual that was cut off but in the in this the salmon colored of manual you can see there that it's it's it's there. And the local entity that that get federal funds be awarded an additional two hundred thousand. And the local entities that receive federal funding they have to report the status of their broadband development program to you M. S. within nine months of receiving that money. And lastly the local entities they have to provide mapping information to the Arkansas spatial data infrastructure for legal descriptions and digital mapping and have to provide broadband mapping information Arkansas geographic information systems office so legislative recommendation is to delete all these existing sections and combine them all into one for codification. Thank you so much do I have any questions. I make sure on page forty eight to ten are handed out this is the stuff that was left off of the page that's really all that that is just so you understand that that's just a continuation of it not that it's different it's just a continuation of it all right to have any questions. Motion motion to accept. Visitation request all in favor of second all in favor I Nate all right thank you with that we're going to move down to page fifty two and you're recognized Mister Reiss thank you madam chair it's a one page fifty two and this language is established the mistrust yes ma'am. Represents bring or have a question I'm just getting in the queue okay. I have all right if you get back in for me. Mr rice you're recognized thank you ma'am so this language it establishes the adult sickle cell disease program to facilitate the continued development of adult sickle cell disease treatment preventative care to education and training for health professionals that utilize at UMass so this is codified in two thousand eleven so it is in code so this would if if this was a proved it as the legislative recommendation or she's me the institution request you just delete the language and since it's in code it would it would be there so it would still have its place. Okay I just want to make sure we're deleted and special language because it is already been codified if that's what you choose ma'am yes all right. All right I have a motion motion second all in favor say aye. All right with that we're going to move on down to the number seven fifty four and this is a handout in numbers just so you know it says change on the agenda and I put that there because it looks different in the manual this is actually request to delete. Mr rice you're recognized thank you madam chair so this language it states that a center for dental education would be established in cooperation with the university of Tennessee dental school UAMS and children's hospital it's purposes for the continued development of dental education specialties and services for the state and as a miss Hamilton said Page fifty four it shows the revised institution request you a mess they just they would like to delete the language because it too is in code so it since it's already in statute there's not a need for this language according to the institution. Thank you just for clarification we have a revised institution request which is what your hand out page fifty four is is for the deletion of the language because of already existing codification and if I can have a motion motion second all in favor say aye opposed nay all right thank you we are moving down to page number seven fifty seven. And Mr Russia recognized thank you ma'am currently which states that the UAMS board of trustees to make special allowances to doctors dentists and professional faculty from receipts for patient care or funds from federal agencies foundations and private sponsors in support of research and that currently. In code at the allowance it may not exceed two point five excuse me and code right now it's it may not exceed two times the employee's authorized salary what this would do per the Legislative recommendation it would change that to two and a half times. the legislative recommendation is to codify this language and it removes the contradiction of how large the special ounces maybe. Thank you have any questions. C. nine to have a motion to accept institutional quest. Motion second all in favor say aye opposed thank you we're going to move on now down to paid seven fifty eight Mister Reiss you're recognized. Thank you ma'am one page. Fifty eight. The current language allows the board of trustees of the U. of a to provide special ounces for the use of UAMS leadership for criminal faculty and staff members after the approval of the president's board do you M. S. chancellor can administer the allowances and ensure that the total doesn't surpass hundred fifty thousand or the total that the board authorizes the funding sources may not be state tax dollars are charges to students for educational purposes or others there's an annual reporting requirements about the details of the special allowances and this language it is a existing code so it's no longer being requested by the institution institution it request for the deletion of the language and they hate it be recommendation provides for that request thank you so much I have a motion second all in favor say aye. Thank you Apollos nine all right now we're going to go down to seven fifty nine Mr rash you're recognized thank you madam chair this language states that funds that are that may be used for contracting with physician and health related teachers only for students at area health education centers remote from you M. S. with prior approval the agency had an quarterly reporting to the Legislative Council or Joint Budget and the legislative recommendations for codification. Thank you have any questions. Motioned motion second all in favor say aye. Jose nine all right we're going to move ahead thank you so much we're going to be on page sixty and this is in your hand out also so you have page sixty and you'll have a handout Mr Asher recognized. Yes thank you ma'am so the current language states that all unclassified positions are employed to provide patient care eligible for overtime at one point five times their annual rate and in addition over time these unclassified patient care employees scheduled to work outside their normal schedules they may receive up to twenty four percent other at other hourly rate paid as a shift in differential and all unclassified positions she's employees providing patient care are eligible to receive incentive pay up to one point two times their base hourly rate and employees working in the specialty areas can receive up to ten percent as a specialty differential and certain positions are ineligible and the special ounces may not exceed at the bottom it refers to nurses and they may not receive special ounces that exceed their line item Max by more than twenty percent. So the institution request is similar to the current language but instead of. Just those employees to provide patient care being eligible. It It allows employees to provide indirect patient care or support or support patient care so this broadens the pool of eligible employees for overtime incentive and differentials and a heck B. recommendation provides for the institution request legislative legislative request is for codification the current special language. Thank you if someone can from you I am asking come down if they would introduce themselves and explain to us why you request the change. Andy Davis with you M. S. you're recognized manager committee with the tweaking the language written request is so that we could have the same flexibility with positions such as sanitation and janitorial services food service lab tax people who are necessary and critical to providing good patient care but some people may not considers direct patient care. We just want to clarify that those staff members would be included as well okay thank you to have any questions. St under I have a motion. The motion for institution request motion for institution request all in favor say aye opposed nay all right thank you so much for moving ahead we're going to go down now to page sixty seven. Mr rice you're recognized thank you madam chair currently which states that you M. S. may expenses cash funded indigent care appropriation. To authorize procedures for the disbursement of its maintenance and general operations and be reimbursed from treasury appropriations and funds following procedures established by the chief fiscal officer the state and the legislative recommendations for codification this is I believe in the. The handout. That's not okay the only difference is that the there's an item C. should be item ID. So C. should be day that's my understanding at. Okay so. What made the motion to change. What you want to technically one is to make. Okay we'll need to have a motion to where we change the city to a date technical corrections all we're doing motion all in favor say aye. All right here we go thank you so much now we're going to move down to page seventy five Mr rice you're recognized thank you madam chair wanted seventy five this language states that pay differentials may be given to patient care employees whose job requires providing services when there isn't ready regularly scheduled staff coverage employees may not work over a hundred and twenty eight hours a week and their pay may not exceed that in class and converts excess or with the UAMS operating act and the legislative recommendations for codification. Thanks so much to have any questions motion motion second all in favor say aye. It may move ahead now we're going to go down to paid seventy seven you're recognized Mister Reiss thank you ma'am one page seventy seven so this language was added in the twenty nineteen session and this language has UAMS and DHS agree to determine reimbursements charges or fees for the state on state plan or for state match funds under the Medicaid disproportionate share program can benefit benefit you in mass with prior review of LC or JBC hello the legislative recommendation is to codify the language. Thank you have any questions. CNN motion motion second all in favor say aye. All right thank you so much thank you Mr Davis we are now moving down to you have a pine bluff and we're gonna be on page seventy nine and you're recognized. Thank heavens thank you madam chair and chair for the purpose of consistency and transparency it just so that the language is all matching. I would like to see that at the request that was made by the U. of a on this topic in the special ounces B.. Consistent amongst all the age all the different institutions of higher ed and state. and I believe the simplest way to do that would be but that language consistent and Department higher it's bill. Okay. So are we wanting to not. So the language is written in in each of their request was written just a little bit differently yes Sir but if we could mere that to the U. of a requested by consistent for all in that can I believe that can be handled through the departments through their bill. Okay so for the special language that we're looking at here yes are we wanting to delete that. Yes. We delayed. You are Vice. Their their languages B.. Their language would stay the same and then we would just have. Language in the department's built that the all of the institutions would be the same. Miss rest come table explain them. Most rest university of Arkansas system a representative eleven I believe the language for the University of Arkansas at Fayetteville you today clarified some of the languages they testified in the end requested that that language be codified so if you're if you're wanting to do something similar you know for instance for the other campuses I suppose you could do that an eighty eight she's appropriation bill if you wish to do that work or do I a separate section that would codify you know that language as well but at least for for the fate Health campus what they requested was to clarifying clean up trans make that more transparent but then to codify it up for that can certainly would like to see that for all campuses. And to clarify your talk about all campuses Eubanks. Of higher ed Iran. Your resume Cavenaugh there are several campuses that have athletic languages a representative eleven you know has indicated not all do but there are some that do and I presume anyone that has language of that nature you would like that to mirror the language that the fable campus received earlier certainly okay so this special language that's before us you're going to want it tomorrow what we passed for you a bank yes that is our motion for the UAAP bait and the UCLA. And a issue and I issue. That your motion yes. Nobody under. Standers. Okay at. Yes. Four year or two year also will two year would be ethical for your online. Please introduce yourself for the record. The pharmacist and director finances the Division of higher it might add if it were codifying the language it might be better just take the one section put in broader higher ed Code. Can to take out the specifics to the institution and just allow all institutions of higher ed to be able to do this so it just have one section of the code that applies to everyone service is the recommendations right. So. My my question is this for. The U. of a fable that we've already passed uncodified do we need to not codified that. If we're going to put it in a broader. Yes Mr Anderson if you can please kind of tell us where we're at. Yes ma'am I. It would be a duplication to have it be when you can have the same language to different places and Cody would be cleaner if you just explains that boating deleted it but if we put it Nick is exactly right if we put it in higher ed we can say specific institutions and have an applicable to the four years okay have a language universal that'll work fine okay members if we can have a motion to expunge the vote by which the U. of As request passed. Motion second all in favor say aye opposed say nay thank you very much. And then now represented by eleven your motion will be. Most would be the deed that the Department. Would draft language in there bill using the basis of the of As language to make it across the board for all institutions of higher ed and state four year yes four year okay that's a motion second all in favor say aye. Jose ninety all right thank you so much. All right with that I don't have a clue where we're at so I guess we're going to. So we run seventy seven so we took care of seventy nine with that one correct. And we took care of seven eighty five at the same time because those were the same ones so when we did that we took care seventy nine and eighty five. So we're going to be now on page eighty two with you a peeping. Okay. All right all right thank you madam chair I'm on page seventy nine. The current language it allows the UP board of trustees to employ competent scientists at the biomedical research center at the at salaries up to one point five times the distinguished professor line item Max. And the next included segments on page eighty two ninety three. So we're on page eighty two. And this language it requires any funding calculations by the Division of higher education include a hundred percent matching funds for the eighteen ninety research and extension programs is for you APB legislative recommendation is deletion so can be combined in codified with the language on pages seventy nine. Okay and it's my understanding that page eighty three was dealt with. Okay thank you so for clarification Page seventy nine is going to be codified and then page eighty two is going to be delayed it because it's going to be combined with seventy nine and we've already dealt with eighty three. So I'll need a motion to accept seventy nine and eighty two so moved all in favor say aye. I was a night all right thank you so much and we've dealt with eighty three thank. We dealt for eighty five also when we did that okay then that's going to take us down to eighty seven Mr rice you're recognized thank you ma'am as a chair state were on page eighty seven and a current language states that the UC board may reimburse tuition fees and other educational related expenses of faculty who seek further education and reimbursement can only occur when the the request has been documented to me critical shortage instructional areas legislative recommendations to delete this section to combine actually never mind we're not doing any combining so just be to delete this section. Okay do I have any questions. C. nine motion motion second all in favor. Follows night thank you so much now we're going to move down to a issue baby which is going to be on page ninety one and there is a handout on this in the salmon package and you're recognized Mr rice thank you madam chair currently which states that a S. U. B. B. campus would receive the check the same general revenue reduction is the Hebrew springs campus however the appropriation sections are no longer separated by campus and the allocation section it was removed in fiscal session of twenty twenty so without a related allocations without related allocation section the institution did not request the language and the Arkansas higher education coordinating board recommendation provides for that request and there's yeah. Thank you and this is me there is a legislative recommendation for codification which as you stated I believe in the handout. Thank you and if I get somebody from a issue to come down and explained. Your request and if you're in addition cell for the record and you're recognized. Thank you madam chair Chuck Welch president the Arkansas State University systems so as Henry said when the issue he per springs campus was originally started it had its own appropriation that was separate from issue Beebe and so there was language that said if he per springs budget was cut the B. B. budget would be cut those appropriations were ultimately consolidated therefore there is no longer a separate a issue he per springs appropriation the US no longer need to have that particular language place thank you do you have any questions. CNN got a motion for instance institution request. Second all in favor say aye. It's a nice aren't thank you so much with that we're going to move down to SAT. See and it's going to be on page seven ninety five and Mr rice you're recognized thank you madam chair so the current language states that the institutions board may reimburse faculty for tuition fees and educational related expenses of seeking further education levels to benefit the collagen such reimbursements will only be paid if it meets critical shortage instructional areas and the Legislative recommendation is for codification. Any questions. Motion. Second all in favor say aye. Jose ninety all right thank you Mr rice. That ends our agenda. And with that I see no other business and we are adjourned.