ALC-JBC Special Language

This is language that was referred to the special language subcommittee these are batch items you're going to see some items from volume three volume for. VOL you. Five. Six and seven so we're going to be covering a number of agencies Feel free to take a look. At the language and see if there's anything that you want to be pulled out for discussion next week. Yes members if you'll take time to look over the list this would be the last one that we really have to batch next week we're not doing any batch datums were doing discussion items only Senator Hill do you have a question. Thank you. So take a moment to look at this if there's any that you want to pull out. To discuss or to vote on separately please let me know. And with that. Miss auditor I believe you have a remark about yours which is going to be for eighteen if you would like to discuss with us. If you'll come forward in addition cell for the record thank you for being here. Thank you madam chair committee members I have a unique position of trust passing a budget that I'm not going to be implementing it so awkward position to be in and yesterday Roger Norman if for those of you that were at the Budget Committee meeting Mr Norman brought up a very good point having to do with CPA's and keeping them M. hired or Alexa still working for the state so we have special language on there and I did not madam chair president a letter to the committee for any change but I just wanted to make you aware of it my recommendation to the incoming administration whoever that is next week will be to remove the part of special language that says the operations manager needs to be a CPA currently the special language says that the internal auditor needs to be a C. I. A. or a CPA and then we added also that the. A operations manager needs to be a CPA I do not want to hamstring the incoming administration or the administration after that and into the future as we all know times have changed and the private sector CPA can do very well for themselves and it's hard to keep them in a in a job working for the state and that's all I wanted to say on that and make you aware of it and I appreciate you taking moment letting me share that okay thank you so much any questions. Members this is in volume four page eighteen if you want to take a look at the one I'm sorry what it's nineteen it's. Discuss it. Members after listening to the auditor mean I think she's saying after some recommendation from Roger Norman that we might. We might be okay with not having special language requiring CPA have that position I mean I'm good with removing that from the special language does anyone have any thoughts on the. Is there any other discussion. So basically you. What we're saying is instead a require the person to be at a CPA they could be a C. P. I. is that correct just don't need that at all they don't need that at all so that would be the motion. Any discussion about that. There is issue special. I'm sorry. Transitions and special language one is for the internal auditor and they're requirement a CIA or CPA either the other is for the operations manager to be SCPA the my recommendation is that the operations manager not have that requirement on them just operation manager right but the the internal auditor have a C. I. A. which is a certified internal auditor or a CPA they're the ones that oversee everything we do in office so thank you thank you. So my understanding is they're requesting that the words for a certified public accountant licensed in good standing in the State of Arkansas be struck through is that correct yes we're with tractors and shall hold and maintain a certificate a certified public accountant licensed okay. Only on the operation only on the operation okay. Yes we need a motion. US representative Dotson you have a question yes so it is that that means were just striking through that first line. That first full sentence after position requirements the operation manager starting yes that's in this thank you. Senator Hickey you're recognized that that was my point that we can distract the first line. Do I have a motion. I have a motion the second all in favor say aye no okay Is haven't thank you very much. With that do we have any others that we like to discuss on the batch Statham items member state. Yes. Can you get your. It's about. Represent a fight you're recognized. I think it's in the back to. Twenty three twenty. The added lying down there appropriations provided for. The county okay that would be I thank for twenty three is going to be on item day we're on Adams C. world. Yes Sir. So what we want to discuss that when we get done today if that's alright represented five. Representative Jane you're recognized to be to be clear. Starting on page warning going to page six. That would issue missile those are dates only right. Yes okay all right thank you will be going all see which does take us from I think it is three three all the way down to seven ninety three okay thank you. Saying no questions or discussion I would take a motion for do pass motion second all of Senator Hickey you are recognized get it up did I miss it I heard what representative Jean said that paid six but it's more than a date. Correct. Most of these are these are not submitted language there now that would be and no all of the added language is in D. as a special language for review. It was on page six about three quarters of the way down the page those are the items will be discussing anything before that. Or items that just have date changes okay thank you. So I have a motion the second all in favor say aye. Lows NO all right does the past let's move on to Adam date which is going to be page six. And we're going to start and it's going to be in your tab number three and it's page number four and Mr perish if you will please come down. And if the agency when he's presenting if you'll come down a case or any questions. We'd greatly appreciate that. Thank you and if you introduce yourself for the record. The manager the Billy pairs with legislative research thank you. We're on page four in volume three this is for a eighty cute equipment purchased restrictions and this language provides the Department laboratory equipment and data processing equipment expenses in the capital outlay in data processing purchases line items those are both in the hazardous waste cleanup appropriation section are funded only through interest earnings and vestment earnings in additional funding from the hazardous substance remedial action trust fund this requires in reporting the alleged accounts of all expenditures from these purchases there are some changes about the six line down the far right you'll see that shall is change to may. And new languages added it says three percent of the corpus of the fund is included or is added as a revenue source for this and a court today to see interest rates have been low for several years and has limited their ability to use this phone for the specified purchases so this new language allow the principal the fund to be used but only three percent that fraction that will not compromise the future the fund. There's also the sense that and the second recognition is the agency request. Thank you have any questions members. CNN do I have a motion. Motion for. Agency request second all in favor say aye. One all right let's move on to the next one Mr pears. Thank you ma'am pick them share on page five this is a preparation restrictions. And this language in terms of no expenditures from the environmental settlement trust fund for information technology needs may be made without prior approval of the chief fiscal officer in review by legislative counsel as well as by the chief information officer and CIO council approved projects must be reported to the Joint Committee on Advanced communication and information technology the agency request to discontinue this language according to the agency the chief information officer and CIO counts or no longer functioning in cities also there is an established process for procurement of skews me for procuring treatment through TSST contracts for goods and services at Baptist must be followed and that provides for a legislator to have reporting review opportunities the the thank you recommendation is for the agency request. Any questions members. Saying that I have a motion motion agency request all up. You're recognized do you the effort I was involved in this do we get any feedback from them there's no problem for them. So my from the oven I hear. Thank you. Now do I have a motion motion and second all in favor say aye. Please note okay thank you will move on down to three six. The manager on page six this is fund transfer provision this language allows a transfer of one point five million from various funds to the department of environmental quality fund account this is a supplement personal services and operating expenses described in the State operations appropriation section any remaining funds are allowed to carry over to the next fiscal year this adds new languages says amounts transferred shall not be considered as part of any statutory limitation on use of funds for administration of programs of the division and and this lady's actually comes from the next section that's on page seven and that sections requested to be deleted so what this does is consolidates two sections into one and the executive addition is agency request. Any questions no questions. Can I get a motion to do both six and seven at the same time. All right have a motion the second all in favor say aye. Move ahead thank you very much will move down to three ninety the manager was given Page eight because that was batched so rampage nine this is the non hazardous site cleanup restrictions section and this language says an expenditure shall be funded only through interest earnings from the eighty U. P. trust fund and the agency shall seek cost recovery from parties responsible for damage to the environment. The the ledge the rate the legislative recommendation is for codification and executive recognition provides for that. Any questions. C. ninety motion of. Thank you you're recognized I apologize it one of this is divisions she call C. cost recovery or that means there's that menu is going to make a written request or does that mean you're actually gonna file a lawsuit or what is it what is it until. Please introduce yourself for the record. Sure chain coring. Chief counsel for the Arkansas department of energy and environment Senator Hickey that's yes it means whatever is appropriate in the circumstances if we're obligated to seek cost recovery it would be I don't have a written request but if they're viable entities actually seeking cost recovery for its a clickable. Okay St that's going which also discretion on that on how you're going to pursue it. Yes Sir we we would have to document if we decide not seek cost recovery the we always doing abatement memo reasons why we don't do it if there's a. Not entity responsible. Or in existence but. What have you what have you been doing before this language if you always this is the kind of this is the current language in special language our doing is asking the codified this to move it out of special language into the substantive while they're not. To me the me ask one more question you're you're not required to report those two ALC or anything. No Sir. We do have to I believe we have to report all lawsuit that were engaged in two to a also well to the legislature but we don't do the ones that we don't see cost recovery for okay thank you Sir thank you ma'am you're welcome. Any other questions Sam Nunn I need a motion. Second all in favor say aye opposed okay we'll move ahead we're going to three ten Mr Parrish. Thank you madam chair brown Page ten this is the landfill post closure trust fund. this language allows agency to use landfill post culture trust fund to pay contractors or regional solid waste management district to complete post closure of a landfill when the solid waste management district foster vacancy is unable to meet demand so I'm sorry debts or otherwise and solvent the agency may take civil action to recoup these funds this is allegedly recognition for codification and the executive recognition provides for that. Any questions. The Nanda have a motion. Motion the second all in favor say aye. Hold now all right we're moving along we're going to move down will be in the oil and gas commission and will be on three sixteen. We. Sorry. Jump ahead we're on three twelve I was trying to get a better quicker they give them share on page twelve this is investments and this language allows all trust fund to be invested with the approval by the office of the treasure eighty he director or designee determines fund transfers out of investments this is less than a recognition codification and executive recognition provides for that. Any questions. CNN motion motion second all in favor. Posted all right now we're going to move down to three fourteen which is Arkansas Geological service thank you madam chair this is for Geological Survey will page fourteen this is a new language request by Geological Survey it allows agency to carry forward end of your fund balances general revenue agency must explain any for Kerry for by the if a I start to the thing by June thirtieth each year the they must report it to will see the amounts carried forward and this information must be included in budget manuals the executive recommendation is to deny the agency request. Questions discussion. Yes senator Hickey recognized a motel that the motion for the executive recommendation. To Represent Springer you're recognized thank you madam chair good afternoon is there anyone here to explain why the. There's a denial of this request there anyone to explain from the executive branch why it was denied. I think that's a no. Senator Hickey you're recognized no added not not from the executive branch I don't for the legislative branch out I think it's always more proper we've got a few agencies of course that you know what's the end of the fiscal year is over they want to maintain those funds I mean that's up to the General Assembly in my opinion we don't need to make a habit of that we need to do we need for the agencies always come back before us to to request that so that we can look at that so that's my reason for agreeing with agency request of the to now. Is that the motion rep Senator Hickey is executive. Yes consecutive. All in favor say aye. Okay no all right now we're gonna move on to three sixteen all and gas. Thank you madam chair on page sixteen this for the long as commission. This first pieces for fund transfer is this limit allows a transfer up to one million per year from the oil and gas commission fund to the abandoned and orphaned well plugging Fund after C. review by the chief fiscal officer and reporting it to Legislative Council this language is there's deleting language allowed a one time transfer of ten million transfer two million take take place in fiscal year twenty two took their fund balance in two point eight billion or twelve point eight and this language also of the Sisson said the executive commission provides for the agency request. Any questions. Saying that I have a motion. Motion the second all in favor. All right let's move ahead thank you were going to be on three seventeen now thank you Mensur page seventeen this is a new language request by the commission to amend code so it's a new request it'll also in code this is for investments this language allows funds held by the commission to be invested it requires approval of the treasure and allows the commission to direct transfers in and out of investments the second recognition provides for this agency request. Any questions. Motion. Second all in favor. Both all right moving on it. Thank you so much now will move down to the bureau of legislative research Mrs Roque if you'll come down thank you be with us for a little while. Members were gonna be in tab this is volume for we're going to start on page one. And if you'll please recognize yourself for the record. Thank you madam chair. Jennifer rector of Legislative Research. The language for the bureau of legislative research is there's three pieces of language at section eight section nine and section ten. That are being combined into one and being codified this legislative recommendation is to go on these they are the existing pieces special language one is for transfer provision it's authorized to direct that this Chief fiscal officer of the state to transfer appropriations between lot on line items within appropriations the second is the cost of living increases. This is employees having L. labor grade shall be eligible for cost of living increases and the third is the disbursing officer the director bill are shall be the disbursing officer for the funds appropriated by the operative operation appropriation act I'm sorry. In this concludes this appreciate that any questions. I would entertain a motion to accept in batch four one four three and four four cents are all really related have that motion second everyone in favor say aye. Lows now thank you very much let's move down to four eight which is going to be I miss it ministration of Office of the Courts. Thank you madam chair. The first is language is on page eight. The legislative recommendation is to codify this this is to be a dependency neglect attorney contracts it said they can enter into production professional services contract with a qualified attorney and like I said the legislative recommendation is to codify that. Thank you the I. see any questions. C. nine I have a motion. Second all in favor say aye. Follows night all right let's move on will be for eleven now. And I guess I should tell you this these are having executive recommendation. Sorry. I'm on page eleven is the legislative recommendation to codify this is well is the Division of dependency neglect representation finding and it's DFA shall transfer funds as needed from age eight to stay Central Services for reimbursements for a portion of dependency neglect representation finding. Thank you any questions. I have a motion. Motion the second all in favor say aye. Nose thank you very much I will move to Page twelve now thank you madam chair. This also has no executive recommendation the legislative recommendation is to codify this language it is the District Court automate motion finding the operating expenses of the District Court state automation system may be funded through fines received by the division of Arkansas state police from the department of transportation from the safety incentive finds. The funds may be transferred to a or C. as directed by the Division. Thank you any questions. Concerns. Motion. Motion the second all in favor say aye. Does all right now we're going to move down to four fifteen members there's a hand out that's going to come around so if you'll give us a couple minutes to get that distributed before Jennifer starts for presentation there's been a modification in the request we wanna make sure members can take a look at the changes that are being requested. Okay miss rock if you want to continue on with the presentation thank you madam chair. So this is a little bit more difficult. The legislative recommendation was to codify this language is language that was put into the act last session. The agency would like to change this and keep it in special language they originally how we're we're asking to delete this language but they would now like to keep the language but keep in special language instead of codifying it. This language is regarding reporting for the TCA's and the court reporters. This is new language that from last session so that that's the reason why they want to keep it in there's just because it is so new okay. So what the motion will need to be used. Keep in special language right Senator Hickey you're recognized. Is there is a reason that you don't want codified the new language we put in. Trying trying to get some of those out of your the understands what's in there. As Sam Kaufman in the financing ministration director and see no frankly it's that it's still relatively new and wanting to keep it and special languages a desire to be able to modify it a little bit more easily than it or codified really it's hopefully for y'all's benefit to be able to figure out exactly what information you might need or want in the future eight this is the first time we've gone through this so that that's our thinking. Which which part do you think would ever be an issue. Well Senator what though that out there I mean if you would just point that out to make. There's one in particular that does come to mind at. That has to do with a request for us to put into the report the specific amount each TCA or court reporters expected to receive I believe which paid which pages that would be Page six delete sixteen a when we see here. Yes sixteen a two D. for question increase amount of salary mad for each tease trial court minister indoor court reporter at. The step plan that applies to these particular employees at a second would allow for a set of dentures salary increase upon the completion of required as a qualification whether that's three positive performance evaluations in a row attaining a certain a particular kind of certification something to that extent so the the nature of it depends on their actual attainment of that certification or qualification so it's hard for us to predict we simply cannot predict exactly what that will be for a person for an individual TCA in court reporter so that that that which which alliance which line is that were it says exactly I guess I keep I guess someone missing that well it would be the the requested increase and now is. Perhaps I'm reading it incorrectly but it seems to me that that would suggest it's very which which amount I'm I'm looking at this thing so which one is it one two the main I don't have lines on my copy well just one two three four five six seven eight. Twelve line twelve. Your term recess It shall not exceed the total. Our project of similar. At that would be the the the relevant line reads the requested increase amount of salary match for each trial court administrator indoor court reporter. It's on back page. Members of the language he's referring to is on page sixteen a it's capital letter D.. The third page your hand out. The committee members reason I'm I have a question is we we did this language I thought we had it correct so if it's not correct that's why I want to say because we just did this so the requested increased amount of salary match for each topic or administrator in a court order. I just don't understand why it's an issue. At the mess the the staff this can the motion be that we codify this handout language it was given is that a appropriate motion. Okay at the appropriate time after any other questions I'll probably make and then this guy makes a better point thank you. Any other questions. Senator Hickey it's all you. Yes this language that was passed out to us This not struck through what I would do is make a motion that we codify this particular language thank you so the motion is for us to codify that hand out just or by understands regrade codified the handout. All second. All in favor I. Thank you all right let's move on thank you very much I will move on to four seventeen which is going to be the court of appeal. Yes can you Jennifer. Thank you madam chair. Okay this is language has been the bill for a while but they are at legislative recommendation is to codify there is no executive recommendation this is regarding mileage reimbursement for judges thank you any questions. See and and I have a motion motion second all in favor. Ninety eight all right let's move on all right ms request moved down to county and municipal aid for twenty three and you're recognized. Thank year. This is also language has been in their bill for quite some time that a legislative recommendation is to make it a code amendment The executive is also the agency request as well and this is any appropriation provided by the General Assembly for aid to counties may be supplemented if necessary by transfer from an appropriation provided for unanticipated special revenues. Thank you. Any questions. Senate I have a motion I'll sorry represent a fight you're recognized yes can I get an explanation on that And language there. Special revenues. It's not added languages languages been there bill for quite some time we're just asking for it to be our legislative recommendations to move into code okay manager does not have anything to do with this but I own the. Page twenty eight the Municipal Aid the identical language is on there I don't know how it's supposed to be or not. It is it's that's the same language the when we write the bill county and municipal later put together when we do a budget presentation County Aid a municipal later separated out so you have duplicate looking language in the main all. You're welcome. Any other questions I have a motion motion second all in favor aye. Nice all right thank you very much. Will move down to the tourney general were we on for thirty two and this rock you're recognized thank you madam chair. Page thirty two Attorney General this is I'm regarding an attorney fees this is again language that has been in their bill for quite some time and there is no executive recommendation legislative recommendation is to codify it. And it's just saying that they may charge a fee to the unit to reimburse the office of the Attorney General for an expenditure made on behalf of the governmental units. Thank you very much any questions. C. nine I have a motion motion second all in favor. A post nine all right thank you very much will move ahead now to the lieutenant governor's office and that's going to be on for thirty five insert your. Recognized. Thank you madam chair again This Is language that has been in here before and they are the legislative recommendation is codified at there is no executive recommendation it is an appropriation transfer and it's allowing the lieutenant governor that they may transfer an appropriation from any line item authorizing the operations appropriation of the office to any other line auto item authorized and she fiscal officer has to approve it and the transfers reviewed by legislative counsel or JVC. Okay any questions. Eighty nine. I have a motion. March second. All in favor say aye. Posed. All right when passed now we're going to move down to the office of the governor which is going to be on four forty one and is rock you're recognized thank you madam chair. This is again language that has been there act before there is no executive recommendation the legislative recommendation is to codify it this is regarding maximum salary increases it's allowing them to be increased by two so they can get well qualified personnel they can increase that by no more than twenty percent the maximum salary and the maximum salary increases requested for no more than one third of the positions authorized in the operation appropriation act the governor of receives approval for the maximum salary increase from the Legislative Council or from JBC. Thank you ms rook any questions. Senator Hickey recognised just a staff so this requires all three items. All three items have to be met to comply it's not okay thank you. Any other questions Sam Nunn I have a motion motion second all in favor say aye. Nose all right thank you never going to move down to legislative audit will be on for forty three mistrust you're recognized thank you madam chair. This language there is no executive recommendation is language that has been there Act previously and the Legislative recommendation is codified it's transfers of appropriation and that they can transfer appropriation between line items of the approach operations section of the operative appropriation act. A regular salary line items in the operations act of the operative and appropriation act shall not be increased or decreased decreased by transfer and it has to be reviewed by Legislative Council or Joint Budget. Thank you so much any questions. Motion motion second all in favor say aye nine thank you let's move down to four forty four. Thank you madam chair you're recognized. This language also has been there Act for quite some time there is no executive recommendation the legislative recommendation is to codify it this is similar to the language that we just on the governor's. it's regarding salaries and. So they can retain employees so they can. No give a maximum salary levels by no more than twenty may exceed maximum salary levels by no more than twenty percent for no more than one third of the positions it does have to be approved by legislative counsel or Joint Budget. Thank you ms wrote any questions. C. nine to have about all. Mr Speaker you're recognized thank you I just I have kind of a stylistic question because a lot of times this comes back up in code revision but I noticed the language here for audit is it's basically the same language as what we just prefer the governor's office but it's set up differently it says the same thing but that Senator Hickey asked the question about the three whether the all three have to apply all three exist here but it's written differently I'm just wondering if there's a reason why it's written differently here from a format standpoint as opposed to the governor's office. I'm not for sure if it's written differently or not the this is came up about over a period of time the first part of the special language was written and then then this other part was added a few years ago because other constitutional offices had had that same language in there maybe it may have just been written at different times he was it was written in different times lesser for example on four forty one there is one two and three and then on four forty four it doesn't break it out one two and three then it breaks it out one into between Legislative Council joint budget it all means the same thing I'm just yeah she was asked because code revision ends up having to clean those things up so if it was written at different times I understand yes thank you thank you Mr Speaker any other questions. I have a motion motion second all in favor say aye all right no all right we'll move ahead and that's going to move is down to four forty five in you're recognized. Thank you madam chair. Again this is language that has been there Act previously there is no executive recommendation the legislative recommendation is to codify this language this is regarding funds that are received in connection with the Arkansas scholarship lottery act. I am funds received by Arkansas legislative audit for performing its duties under the Arkansas scholarship at scholarship lottery act shall be deposited into the State Central Services Fund to be utilized solely by Arkansas legislative audit in performing those duties. Any questions members. C. nine I have a motion motion second all in favor I know all right thank you so much we're going to move down to the department of commerce. And miss Hamilton you're recognized will be on page four forty seven. Thank you madam chair the first piece of language notice there's different recommendations for the agency requested the executor recommendation I do want to note that this recommendation is based on a twenty twenty acts this is not the most recent iteration of this language the agency currently does not have an appropriation for this or need language during transformation this program for county fair grants was moved from department of commerce into ag I'm sorry department of agriculture so they currently have the appropriation they currently have the funding so unless there's an objection by the department of commerce I don't think that this is language that is needed okay. So members do you understand so it is been transferred from the department of commerce to the department of agriculture so the Department commerce doesn't need it any longer. Correct okay. So with that we would take executive recommendation if somebody would like to make that motion motion second all in favor say aye thank you I move ahead and miss Hamilton that'll bring us to four fifty two you're recognized thank you madam chairman this is a code amendment that is being recommended regarding the training activities for our the Arkansas industry training program languages being added is that funds appropriated for the commission for this program can be used for personal services operating expenses grants and aid capital acquisition and other purposes that are industry specific training opportunities there are listed some permissible training activities and it requires a quarterly report to the governor and Legislative Council or if the General Assembly this session Joint Budget this is the item that the department wanted to address yes did someone from the department of commerce want to address this one. If you want to come forward anyway I just either in case anybody has any of questions on the other ones if you're recognized yourself for the record you're recognized. Mike Preston secretary of commerce. Jim Dotson John counsel for ADC chief of staff for commerce. You're recognized yeah. A man shared what we're looking to do is we would like to switch that reporting from a quarterly report to an annual report of this particular program does not have a lot of activity with it it is an incentive that we offer to businesses as component of a larger incentive package so most quarters or be no activity to report so we think it be more economical use of your time in our time we just do that on an annual basis we do included already in an annual report as well so to streamline reporting for us thank you any questions. Thank you what is the will of committee. You have a question okay representative Tosh you're recognized thank you madam chair on page fifty two. You go down to Number two were sent funds appropriated to the commission for the Arkansas industry training program may be used for personal services can you give an example of what how'd of money would be used for a personal service sure hiring a trainer to come in and train a particular business that's relocating to the state if this is not for ADC staff compensation to be for third party expenses these are given to to businesses so I could travel expense related to someone going to a certain location actually do training. Okay thank them to. Thank you referred to Springer you're recognized good afternoon thank you madam chair of you want to change of under. Two you want to change from quarterly to yearly you have a specific month that you would want to change the report to maybe so that it could be more specifics as you say that there's certain months of the year for there's nothing to report so yes ma'am we would commit to providing that no later than ninety days following the close of the state fiscal year that's typically we're doing a reporting back to legislature all right thank you. All right members I have a motion representative Dotson you're recognized. The actual question okay. In my question was How long has this been going on I guess that it's been quarterly in here if I miss that. For a. Is it is a longstanding program the long standing. Sure why we were why would we why we would want to change it is yet and tire that can like to sure quarterly reporting aspect of things just elaborate a little bit you know in the recent years with the advent of Esty and more training dollars for business flowing to always be the activity in this particular program is just a managed and so it's it's offered on a very selective basis as we're offering an overall incentive package to to a business and so just not that much activity it will still have it quarterly we can still do quarterly but it's just not trying to streamline all reporting you all and and work for us. thank you. Thank you any other questions. I have a motion. What's the will of committee. As in the book okay so. We have a motion the ground on the floor they will accept it as it is written in the book second. All in favor say aye okay thank you. Both. Okay we're gonna move down to fifty four and is Hamilton you're recognized thank you madam chair this language deals with foreign office operations and have this language for a while they would like to add that the commission can enter into contractual arrangements with private or public entities anything that you see online is language that is recommended to be codified but essentially it allows them to operate their of foreign offices and they can engage the services of contract employees they can stipulate what services the office as provided in you standard professional service contracts for office operations or the payment of their professional services from the special line items within their budget. Thank you miss Hamilton do I have any questions. You're recognized senator what countries are you currently in this. Model in. This will be for the are Taiwan Hong Kong China office. It what we're doing team Germany I just remember last cycle so. Germany as well your term yes certain Germany as well. Japan. It's quite quite okay. All right. Senator Hickey you're recognized to just question maybe for staff so normally if you entered into a contractual agreement you have to come up for review is that correct your term okay. Who is are you is this still coming before review it is. Is that the way staff understands it also. Okay all right thank you. Your. All right. Any other questions. I have a motion to accept. Represent Dotson you're recognized sorry a little slow on the question here but so this is going to be the recommendation is going to be this is a code amendment. Other than it being in special language going forward with relation to their budget. On an annual basis. Hello this is seems like this is not. For a lot of discussion of the years about this particular topic. And I don't know that this is a non controversial code amendment change at I kind of feeling comfortable doing this is a code amendment and special language not having this go through the regular legislative process you for and take it out of special language that I don't know I I guess my motion would be that we either leave it in special language or. If it needs to be a bill and go through the regular legislative process to codify at some special one. Representative Johnson you can make a it's up to you to make a motion that this remain in special language so when the bill is drafted it would appear as a language currently is it would not be codified. That's the motion and make them okay that all in favor say aye. Posay nine all right has moved on let's move down to four fifty seven Hamilton you're recognized. Members this is language that deals with their grant review process there are some functions powers and duties that are stipulated in statute and they would like to have both of these pieces. Codified so this essentially is going to talk about the final approval for the disbursement of the grant funds from the rule development center assigned to review of all the applications for those grant funds and then later on later on down the section will see that the commission and the Division will also promulgate rules for the program. There is a comprehensive final report that is required an annual report to legislative joint auditing regarding the disposition of the funds for the world grant set aside. Thank you. Do I have any questions. Sam Nunn I have a motion motion second. Okay. The question is is is of the sole power to recommend grant applications do you not already have that we do it's existing language president will get is it's under like with its underline another line I think you always been new language well it's underline because it's a code. Okay so they'll be adding it to code okay I have had the language for quite some time thank you. one. Senator Hickey you're recognized and just one more at all that language is existing including the as represent line James said and provide final approval of the grant funds that's the way that's in there it we bring to you every time. Eight is there anything that requires you to bring it to us. That's currently in our appropriation language so that's. That's special language existing appropriation currently so yes Sir okay. I'm fine with as long as you all bring before us but if there's something in here that's going to preclude you all from having to do it and that's where we have an issue so if staff were defined that there's some issue with that after we do this then I'd like you all to bring it back to us before we go to all the steps. Thank you. Representative Dotson you're recognized. Again I have some of the same concerns as. Some other colleagues have an animal as same concerns I had on the last one. I'm not sure this is something we need to move into. The code permanently and needs to be looked at and discussed a special language so at the appropriate time I have a motion to leave it in. This is appropriate time nobody else is in the queue I'll make I'll make that motion that this stays and special language thank you have a motion for special language everyone everyone say aye that's fort eight all right we'll move ahead will move down to four sixty two and miss Hamilton you're recognized. Members this is language that deals with additional payments that are authorized for the Secretary the language that is recommended to be codified essentially says that additional payments from private funding sources. That have received prior approval of the Commission the industrial and economic development foundation the governor. Shall not be considered salary or construed to exceed the maximum salary established by the General Assembly. And that it doesn't reduce or eliminate any other authority for the payment of allowances or bonuses. this is language that has been in their special language appropriation bill for quite some time the recommendations that it just be codified thank you and representive eleven you're recognized. Thank you madam chair of for the department under the qualifications A. B. and C. is that that all three of those must be met or that any of those three can authorize. The payment. Repeat the question so it says May make additional payments from private funding sources to the Director if the additional payments have received the prior approval of the. Eighty C. A. I. E. D. F. and governors I'm assuming all three would have to sign off on that that's correct okay thank you. Any other questions. Senator Hester. Yeah I just wanna make sure on a four sixty two I've I do not want to let their codifies religion special language please okay so the motion will be free to stay special language. Second all in favor say aye our closing date all right thank you we're going to move ahead to four sixty five and you're recognized. Members this is on page sixty five dealing with seed capital investments language this is another recommendation to codify language that states that any money received from the repayment of seed capital investments that was expense from the line item in the agency's budget shall be deposited in the State treasury to the credit of their main operating fund and you still provide additional C. capital investment funding. Thank you miss Hamilton any questions. C. nine two I have a motion. Motion second all in favor say aye. Nine all right we'll move ahead thank you all so much thank you were going to be in the insurance department now and that'll be you page four seventy nine and you're recognized as Hamilton. Members this is a new piece of language is being requested by the insurance department deals with refund to expenditures they would like for the proceeds from the reimbursement of their travel expenses you deposit into the same state treasury fund or fund account from which the original travel expenditure was incurred as a refund to expenditure credit to the appropriation. Thank you. We have any questions. Motion to accept second all in favor say aye. Opposed nay all right thank you so much we're going to move ahead now we're all going to be on page eight and it's going to be the state insurance our state security department in this Hamilton you're recognized thank you we're on page eighty we're selling long for this language deals with quarterly reports. they would like to include seven items in the codification essentially the casing of a court order or settlement agreements to be included the amount of funds that are received. Or transactions that are recognized for the proper for any court order or settlement agreement a plan for this first one of their funds and item is ation of specific investor education enforcement activities an explanation where the funds received required a court order or settlement reporter rationale for disbursing the funds and report a current balances all of these reports are required under this section to be no later than the fifteenth day of the month immediately following the end of each quarter the department would like to make a comment regarding changing the quarterly reporting to annual reporting okay if you'd like to come down if you have a comment you'd like to make. And if you come down recognize yourself for the record and you will be recognized. Hi good afternoon Campbell maclaren interim commissioner of the Arkansas securities department you're recognized since codifications being considered we wanted to propose that the quarterly reporting requirements the move to annual this is simply for a couple reasons one is I think it would provide a more fulsome comprehensive report to move to annual reporting show years worth of funds received and expenditures made a support as opposed to just a quarterly snapshot it also conserve resources for reporting and review while still allowing the monitoring of the account. Do thank you members have any questions. What is the will of the committee. I made a motion. Do I have a motion to accept. Legislative. Which will keep it quarterly or do we want to change at the annual. Senate bill you're recognized. I make a motion it will be quarterly. Well except motion will be to accept Legislative. Request on second. All in favor say aye all right post nine. You're going to say that I have. Thank you. Thank you we're gonna move down to work for services that's going to be four eighty five and miss Hamilton you're recognized. Members this language is also recommendation for cold amendment of the use of certain federal funds this morning if you're in budget hearings we have talked about read act funds which are except phone there collected under the federal unemployment tax that your available for the administration of the employment security program and the language that governs it right now the appropriation bill is what is requested to be codified so their distributions that have to have the following purposes meant without limitation so they can use it for all seven of the items that you see listed there construction improvement rent or lease costs acquisition land in the salaries maintenance and operations of the local offices payment of unemployment insurance benefits and any other allowable uses as provided by law and this is something that they would like to take out of their preparation bill and put into the cult. Thank you. I have any questions members. Do I have a motion. A motion second. All in favor say aye opposed nay all right thank you were moving ahead we're gonna be on four eighty seven and miss Hamilton you're recognized. Thank you madam chairman on page eighty seven this is another recommended code amendment that allows the director to establish new or additional full time positions. If certain. conditions for Matt or necessary eighty through city bank are listed there. This is currently in the appropriation bill but I think that the agency would prefer that it be codified so that if they do need to establish additional positions and they won't necessarily have to come every time to. Okay we'll do it. All right members have any questions. Aren't Senator Hickey you're recognized eighty seven this is the Director seeks review. I mean is that normal language that we would normally have notices seeks or will be brought before us for review. Does it matter. Just different to what up remembers. Did you want to change the word seeks. I just. Sir. I just thought that we had some other language where it says it will it will be brought to review by a you know Legislative Council I mean I'm not seeks mean means that will be it will. It will be brought to this. House movie. About shows. Let me think about it. So you would like to insert the word also that blind would read the director shall seek. Review. Our shall be reviewed the Legislative Council. Okay so it would say the director. Shall bring the up shall bring The Legislative Council for review yes that sounds like a good idea. Okay so members what the motion is is that we're going to accept it as written with the exception on line three it will say the director shall bring to Legislative Council for review. And if the general session General Assembly is in session that that's what we at. Mr Speaker you're recognized. Well I'm just wondering on that language. I mean if we what if we're saying six review or whatever the alternative languages. Technically once they. Submit the request then that seeking review I mean it should be obtains review. What I mean right now that would if once I submit the request and technically they they're seeking would be. So what we're saying is it made what you're recommending is it says the director obtain review. Instead of six substitute obtained for the next I mean it seems like it should be is its review or if if the will is for it to be approved but it should be something more than just merely seeking that. At just and as a reminder if we want to you can hold this to next week and we can wrap their proper language and then we can bring it back because we do have next week to bring it back if that's the will of the committee I think that probably best in this instance. All right. Representive eleven you're recognized. That was to be a motion to to hold until next week okay also if just for no for the record just clarification that. What this would do is this would authorize the director do you have yes to hire. Up to two hundred additional positions. New an additional more than their appropriated for. Item for our online for. The director authorize the employment of no more than two hundred so they can hire up to two hundred additional positions above what they're appropriations for. Yes Sir that's what the language says. Okay. Yeah I'd like to hold that next okay that that's not it will hold that for next week and will need to work on that language next week with the last week all right thank you with that members represented Dotson sorry you're recognized yeah I I just to a question on these two hundred positions potentially are those being out out of the gross pool. That. Where the with those positions come from are they already pre authorized in some sort of DFA growth pool. All right now you've got a special language that has I think four hundred and twenty two positions that they're authorized to use in the event that they need to utilize extra positions above what they have in their salary schedule now if it's a global position they still have to come in requested from Legislative Council during these hearings so that become. Permanent if they needed to be permanent so if that if these are not I mean the that would be to make it permanent that. What I'm reading this is that this would. Allow the director to establish additional full time positions if all these criteria are met. But wouldn't that be. Like without having a court in the way this is written without have to come back. For like Legislative Council approval through personnel like it normally does or budget. Therefore in session. They're not the views on how this language works the directors here some a letter introduce yourself and then she can answer the question you're recognized straight shoulders director division of workforce services if a this ad or stand your concerns of this is this special language has has been in place at least since I've been the director and it's utilize when there are special circumstances so when there's a disaster and then most recently that pandemic so we utilize that authority in in special language to add positions over and above what was appropriated in what was allowed in our in our appropriation regardless it still has to go through the same process just as it just as it states seeks review and required before Legislative Council and all of that language that you were you were discussing earlier so it still requires approval to submit to OPM I can't just you know established positions without going through the approval process right I I guess my question is more and I understand that and I think they'll be maybe some work done on this two if uncodified this to make. Potentially make that that line item there that you shall seek Legislative Council approval before before moving forward with it but I guess I'm confused about where do these two hundred up to two hundred positions come from as far as if it's in a growth pool or if it's in or or they already in your appropriation. AS unfilled positions No Way Out of a it's out of the this it's out of a growth pool which is set aside for DWS or allowed by the WST okay so there is a specific set aside growth tool for that. I'm not sure exactly how OPM has that set up in their system but it is specifically for DWS okay to use in the start special circumstances thank you. Thank you. All right we've got that noted that will be on hold the next week and I'm sure they'll be getting with you to work on some language thank you all right with that we're going to move down to rehabilitation services and where we on page four ninety eight in this Hamilton you are recognized. This is a code amendment dealing with our comprehensive system of personal development this is for their career and technical education for their Arkansas rehab services section code essentially they are required to establish qualified personnel standards for rehab personnel that are consistent with national state approved recognized certification and licensing in order to comply with that particular act though in the state plan requirements they have to use a waiver of the financial management guide that allows them to provide college level course work in a degree program for eligible employees who seek the certifications this is language that they currently have in their appropriation bill that they're requesting to be codified. Thank you miss Hamilton do I have any questions. CNN do I have a motion. Motion second all in favor say aye. Jose nine all right thank you so much we're going to move down to four one hundred and you're recognized as Hamilton this is similar languages on the previous piece but this is specifically for the Division of State Services for the blind but the language is essentially the same. Thank you miss Hamilton. Any questions. Motion motion second all in favor say aye opposed say nay all right that's pass thank you members with that just a reminder our last meeting will be next week on Wednesday sold out only I'm that we held overall need to make sure that we get it for the end and with that we are adjourned.