ALC-JBC Special Language

The meeting to order thank you all for all coming. appreciate you being here we've got a lot of work to do during these budget hearings so just try to keep up with where at what we're doing hopefully we have a process that's going to make this go smoother. And with that I'll ask my culture has any comments. He's ready to go and with that we're going to allow the staff to explain the process to everybody's so what we've got and how it's going to work miss Mildred. Good afternoon members welcome to the subcommittee for those of you who have not been on the subcommittee before would like to start off with a new process that we started last fall would like to bring Kevin Anderson Assistant Director of fiscal to the table to discuss the codification that we will be seeing in the subcommittee this was brought as a result of legislative recommendations for codification of pieces of language. That will not be in the appropriation bills hopefully depending on what this consent committee does the next session. Kevin thank you for coming to rest introduce yourself for the record please. Thank you madam chair Kevin Anderson of Legislative Research I'm your staff. so during over the years special language has has grown and we've got a lot of pieces of language that goes in the appropriation bills that can be codified they can be put in the code and taken out of the appropriation bills and this special language in these appropriation bills is language that has to be germane to that agency or institution that's in there so during the interim we were tasked with looking at language that could be taken out of special language so you don't have to see your after year after year and put in the code and when we did that we worked with the agencies are all the legal the the legal staff did the heavy lifting on this so when you see language. Like on page one I don't know do they have their volumes on. Where it says Special language code amendment that is an example of where the attorneys worked with. That particular agency to recommend for this committee to look at a to take this language and get it out especially when you put it into the Arkansas Code it's basically clean up effort now this agency still has a provocative to say you know we want to keep it a special language everyone amended or or agree with it being put into Arkansas Code the way that works is if if for example the committee were to adopt this is special language where it says special language as code amendment it would actually be in the appropriation bill one more time. H. as shown there on page one and then after the sessions over statutory rule for you review will put that language in Arkansas Code anyone being special language any longer thus the cleanup effort would be completed. Members have any questions for Kevin. On how the process will work. Okay miss Mildred do you have anything else you'd like to add. I'm just a small piece when you're looking through the manual the different pieces codification they might look a little different it might be one section a special language is codified there are some that are combined staff will make sure to note that for you so that you'll know that there's a combination of sections that are being codified. Thank you thank you Kevin. With that we're gonna move to item number C.. Okay are you gonna come. Members got one other thing we're going to cover any should have it in your packet. Members if you look in your manuals you'll see a document it's entitled special language subcommittee and has the purpose of the subcommittee which cabin pretty much went over this is language that we're gonna be looking at this in the appropriation bills is good for one year anything that'll be codified as he said it will be to appear one more time and then we won't see it. I wanted to go over the committee actions and examples of what you're going to see so that when you're looking through the manual you can identify what the agency is asking for what the executive recommendation is so some of the subcommittee actions that you can take are listed below you can approve you can approve is modified and if you do that we do accept verbal motions in subcommittee for members of the subcommittee. Anything that an agency might decide that they want to bring forth we ask for written documentation so that all the committee members can look at it before it's adopted and discuss it. You can delete or discontinue language this is when we strike this section or part of a section of the bill and this is only for non codified language the next is to repeal language there might be something that is already in Arkansas Code and would like to have it deleted. There are some markup formats if you look on your second page there are some examples I'm going to run through them relatively quickly grow familiar with what legislation looks like. So the first example on the third page this is a request you'll see at the top this is for the biennium will be. Pretty much Detail sorry. For the appropriation act that is asking for so you'll see on the left hand side the entity that's asking for this will be the agency name school for the blind to see the act number you'll see the section number that we're referring to current special language you'll see on the left side is what the agency is asking for your seat markup anything that is struck through is language that is being requested to be deleted anything that is underline is language that is requested to be added on the right hand side of the page you'll see the executive recommendation and they are recommending agency request so when the bill is drafted you will see this piece of language entered in the appropriation bill as you see it here. The second example. You'll see the workers compensation commission is the entity requesting the language all of this is underscored which means this is new language you'll see the act is new this section is new. This is language that is not in the appropriation bill but that the agency would like to put in there so the executive recommendation is for the agency's request so when the bill is drafted this is language that will now appear in the appropriation bill where it had not before. Example to be on the next page similar situation but if you look on the right hand side of the page the executive recommendation is to deny the agency's request which means that this will not appear and then of course with the subcommittee decides they can always make a different recommendation but if they accept the executive recommendation then that means this language will not appear because the second recommendation is to line agencies request. Example number three for department of corrections. As you can see all of the district's through the agency would like to get rid of this language the executive recommendation however is different and says continue the current language which means that despite what the agency would like if the subcommittee goes with the executive recommendation this language will still appear in the appropriation bill. Example three B. this is what I was talking about before we'll see some codified language this is a request to delete language out of the appropriation bill because it already appears in code in twelve thirty to ten. Rummel Spanish. Example number four this is something that you might also see an executive recommendation for new language now this is something the agency is not requesting with the executive would like this might be a new program or new appropriation that we get through governor's letter with accompanying special language that govern sat appropriation and the executive wants to go ahead and put it in an appropriation bill so that we understand the stipulations with regards to this program. Example number five I wanna make note when we're looking at this you are not going to see any recommendations from the executive on any constitutional officer so if there is a constitutional office that will look at probably in November December somewhere around there you are not going to see an executive recommendation. Lastly on Page six example six this is for an institution of higher education you'll see is university Arkansas Fayetteville. They do have a request but you will note there is no executive recommendation all of these recommendations for any institutions request goes to the Arkansas higher education coordinating board and they make recommendations that's it manager. Thank you Mildred I'll with that on item number see on our agenda these are going to be language that we would like to batch because it's a special language just requiring check due date changes of the dates only and what I would like you to do is take time to look at all of these and if there any that you would like to take out and discuss separately or a separate vote on please let us know otherwise we want a bachelor with one big vote. Thank a little time and. Let me know. Members you'll see one G. on your agenda this is for game and fish it's the pretty book with the gentleman and the young man he's got a pretty sizable fishing on the front. So that's your one G.. Senator Hickey direct recognized right before before pulling him out I just a may have a question of staff as it relates to like a. So it's on page twelve the volume one. Under the shared services. Whenever we have language like this is is is this automatic or does it or does it still come before peer and A. L. C. at that time. Do you know. This is Cher Services language. I don't know that it goes before peer I think that we only look at it in here. The only go before budget. So they discussed appropriations and budget yes. So if we put it in there during budget then. And this well this says that they're gonna be if they're going to be allowed to to transfer between appropriations and what I want to know is zero whenever they do that is that just something they can do on their own or does that require review or approval by Pierre Nailsea. It doesn't stipulate in a language that there's any approval or review by LC or JVC can I ask him a question. Kevin. I thank Senator Hickey Kevin can probably answer that for us. Yes ma'am. Senate going this senator Hickey's question if we're going to give them the authority to the transferred they still have to come and ask for that transfer that's what is question is is that true or not true that that item does not go before the peer committee that does not require legislative review review or approval place you will see it is in the budget manuals that set. Thank you Kevin. Do we have any other questions or. Okay. Representative Springer you're recognized. Good afternoon thank you madam chair up I was wondering if anyone is here present from the game and fish commission. I just have a question to inquire about okay comment out beautiful book. I want to ask you will come down to the table and recognize yourself for the record please. Good afternoon I'm Austin to the Director of the Arkansas game and fish commission thank you for the compliment on the representative thank you my question is I as I look at your page three of your bill looks like you have over six hundred employees given employment summary I think that's something that I've mentioned early on in again now which committee I was on the morning to know the make up of certain staff your by race and gender and I note here that you have over six hundred employees and you only have all told when minorities totaling six percent I'm just interested in. Recruitment activities why you don't held for a if you can come and tell us anything about why their search your employees with your department office of African American in other. Races. Make a comment real quick representative Springer this is special language I'm it only deals with special Lang okay I understand these items will be taken up in personnel okay all right that's probably the best committee to answer those okay all right then yes I'll come yeah personnel yes thank you. US if there were any questions I just want to compliment on the bill but still yeah I have that concern yes intend to bring that up during personnel all right thank you thank. Are there any that we need to pull out separate discussion. Senator Hickey you're recognized yes I want to pull out to one volume one page twenty one. Thank you do you want that for a separate vote separate discussion or both. This section okay thank you. Department of Health would you like to come down and. The old. With the questions Senator Hickey. Members the piece of language the Senator Hickey is addressing is on page twenty one in volume one it deals with Legislative intent this is for the department of health but it deals with tobacco settlement funds essentially the language says that the intent is for any funds that are dispersed in the act shall be in compliance with initiated act one of two thousand and in statute there were a number of entities and funds that were set up to disperse this money. Senator Hickey right sorry to catch you off guard I guess I guess my question is is easy is this is there even a need for this you know in reading that thing you know it's is the intent of the General Assembly the funds disbursed under will be at the authority of appropriation which would be what all appropriations or would seem to me. And the stated reasons within the act I mean it I just. It just looks like to me to be it's just kind of redundant with what the statute would require the submission so I wouldn't make Gilmore farm held I wouldn't disagree it's been there forever and I don't know why it was put in there it's always just been cared for your year I'd hate to. If there may be something with you know some kind of with the initial settlement or with any type of the. You know what the treasury at that's my only thought there we can look into that and it would be a vacancy I mean if there's a reason of course fine but again and just reading it just. What is autism I'm disagree and I think you'll see that similar language in the other tobacco settlement programs okay so we don't mind just pull in this and we can just research and there's not a need for it I mean there's no reason for us doing this year in year out looks like we've been doing probably since two thousand two thousand so we have it is seven years we can do that or at that point Senator dot and if there's a reason I mean I'm fine I just. Yes we need to know what that is okay thank you. A representative Springer you're recognized yes US so can. I'm following up on my comments with respect to game and fish so can we just hold the game and fish request until such time I'll hear from of the your what's being said in personnel then can we just hold this one not in special language because we're only dealing with special language I understand that but I'm just saying I've heard of the members say that they want a whole certain ones before the voted upon so I'm I'm I'm asking the same question with respect to the request of game and fish with respect to these items of one G. twenty six twenty seven twenty eight this on the agenda now. Okay I guess my question to you representative Springer is is this to discuss the language on these these pieces or is this to discuss a personnel issue that is to discuss a personnel issue okay those are two different cell committees so in this a committee the language that you're seeing has nothing to do with the personnel subcommittee of Tony Robinson is the administrator for that subcommittee and he will have separate meetings to discuss specific issues personnel Classifications titles everything that you would want to know makeup of the staff in that subcommittee okay well that's my question and if in fact I can requested until such time so now you're saying that that's something I should disclose in the separate committee meeting band right yes I don't think holding these pieces is going to affect what you want to discuss on the personnel said well I don't know but but I'll accept your explanation thank you. Thank you represent Springer. Any others. C. nine. Because everyone had a time to look at them. I would accept a motion. Then to approve these with the exception of the department of health Legislative intent which is one twenty one that will be pulling out. I see a motion from senator. Ninety. I have a second second from high all in favor say aye. Posed. Thank you motion has passed and we have that pulled out for you Senator Hickey. With that. We're going to do date. Andy is where we're going to start the codification process of this so we'll need to get your books out so that you can follow the process with that I'll turn it over to Mildred. Thank you madam chairman we're back to your big binder we're in volume one this is going to be page one disability determination FOR Social Security Administration and the analyst for this agency is liable walls. To have any questions. C. nine two I have a motion. They might have questions about the language. So something got a motion I have a second. That all in favor say aye. Opposed. Congratulations that was done let's move on to the Election Commission board. Okay whenever you're ready. Okay members this is one of the ones that I had discussed That was going to deal with codification and we're not going to deal with was on page five this is a separate section if you look on pages six and seven you'll see what is a combination of two sections that are in the appropriation bill into one section that the legislative recommendation is for codification so the top portion that talks about the use of election expenses appropriation that's from section seven. And then further on down the page and B. one Sturch section eight. So these are two separate sections they are related items our analysts can explain the language does if you would like but this is a legislative recommendation for codification. Any questions members. C. nine do I have a motion. Got a motion from representative fight second. Second from Tosh all in favor say aye. Opposed nay all right let's move on this past. We're going to go to the department of health. Which is going to be one nine. Page nine and volume one. Miss Mildred ready go thank you ma'am on page nine you'll see another requests for clarification is a code amendment. And this deals with the employment of attorney language now there are three boards that have got the same type of language that deals with employment over attorneys the state board of dental examiners the state medical board and the state board of optometry and what this language is doing is putting in one place and statute all of the language related to the employment of attorneys essentially the AG is expected to represent these boards in the event they had any legal matters if the AG could not do what they have to certify to those boards that they due to insufficient staff or what have you were unable to do it and give them permission to hire outside counsel with a report to council making sure that all of the re advertisement for outside legal counsel to place in the event that there was a on so that's what this language does is putting it in one place and that's the motion. Senator Dismang you're recognized thank you in just wanna make sure I understand the process will rejects a missed the first part I apologize for being late but I mean I know we're going to pull this out a special language and ask to be put in code whose responsibility is it to draft the language that then would have to be introduces bill to go into the code are we gonna do that automatically the this committee so now the way you see it is already drafted it's in a database so it gets pulled into the appropriation bill drafting program but it has been drafted by our attorneys if there any changes to be made any of these members of the subcommittee can go ahead and make changes and we will do that on our end but the language is draft. But I guess wanna make sure I understand but we're going from temporary to permanent though correct yes so that but when we're going to do that through an appropriation. Yes in okay and then who's going to carry that bill and make the argument for let's just say this one for instance there was pieces this that we're fairly controversial at the time yes And probably will continue to be controversial But how or how we can have a discussion on the passage of that particular this particular item for instance all of these items are going to be included in appropriation bills and these are all agency but also they will be sponsored by joint budget. That's what I was. So. but because I mean there this is so some language has never really been fully vetted by the body before and now we're asking for the Joint Budget chairs care legislation and that that inside of an appropriation I understand the process I would just ask that that means the any these out what let's just say for instance that this this is a controversial item. And if we don't want to go through joint budget but we wanted to go through the actual process you know an actual bill a normal bill thank you would think would be filed mean typically this the governor's office would ask a member to sponsor this piece of legislation so want to carry it and we'd move through now we are not doing that we're gonna do the preparation. What I mean what happens if we denied today for instance this special language in what we know we don't run it again and we say we don't want to put it into the big bill then what happens when you say you don't want to put it we don't want to put it invites you would just appear as normal special language you will continue to appear in the appropriation bill you want to the codification. Thank you senator if we don't vote for the codification it becomes special language and days and special English we don't deduct the Executive wreck on the special language correct someone else would have to bring it up all together. During the next session yes I thank and they can do to do that is it actual bill which was what we encourage on the spurs special language committee. But they but the problem is going to be is not having that background so if you're not on this committee and your. If you're on this committee but nothing expression language committee then you're gonna have the background to know exactly what's going on. I understand the process I'm just saying that this committee is going to be pretty diligent on what we recommend because from what I'm hearing this to pass both of them guarantee that this piece language exist. It's either through special language as we re up every year we're going to put it in permanent code yes so that the task is fairly significant thank you yes Sir now anything that's in here that you decide to pull out can also be run certainly is a substantive. You know that would require member sponsoring it that. It can be pulled out that is. You can face that is what you would like to do Senator Hester. Hammer Miller if if we pass something out here it does it come back to special language when we when we come in the session or it will just be part of the budget bill in session it will not come back to special language right it will be part of the budget bill you'll see it in appropriation bills because the bill drafting process takes place in December so all the items that were taken care. You'll see them in the bill in fact format it will be coming back to the special language subcommittee unless you hold it and ask for it to be brought back you can always do that also okay so that the next stop for the. We had in the special language it will go in front of the budget committee to be part of the budget bill. Right now pre budget hearings then it then the next stop is a budget bill during session yes thank you. Any other questions discussion. Do I have a motion. Sure. I have a question thank you again I'm I'm looking at we're under the department of health that I don't know if we've made it down to the item one nineteen tobacco fund transfer and as I read this of special we're we're still one nine of you okay yes ma'am I'm a little have you all the okay yeah we haven't quite made it there yet but we will all right this my question on that one thank. Rep Senator Hickey. Just as it relates to The page nine I'd like to I'd like to pull it down this particular time. Thank you will get that pull down. On one nine which is going to be dealing with these three different boards. With that we're going to move to one eighteen. Members on page eighteen there is first language also a code amendment this deals with the correct tobacco prevention and reduction. In terms of advertising it prohibits any elected officials and their immediate families who advertising or advertisement targeting the prevention and reduction of tobacco. Any questions on this one. CNN do I have a motion. Motion represented five second from Senator Leding all in favor say aye. Follows nee this one has passed thank you very much a representative Springer I'm going to let the staff explain one nineteen to tobacco fund transfer because that was part of what we batched earlier on but she's gonna explain it to you okay. Thank you madam chair representative Springer this is a five hundred thousand dollar transfer that takes place from the tobacco cessation program account for breast cancer control it goes into their fund with their specific questions you had about the transfer itself or. You have Michael yes you're recognized thank you I have a specific question about the amount what what the what it says with respect to the amount it says that The department of health is authorized to transfer five hundred thousand dollars for the fiscal year ending thirty June thirty of twenty twenty four for the prevention and cessation program account to breast cancer control fund in order to provide the state's matching share of Medicaid services provided a breast and councils. Of cervical cancer screening and treatment this announcmenet transferred annually shall be the I guess I'm having a problem with the shale shall be the only obligation of the Arkansas department of health for the statement of the services what if there is a there is a need for additional funds so that the is it just limited to that amount because of breast cancer awareness and that sort of thing screening and providing assistance to me is very important if we will limit that amount if they're if they're called upon to at for additional amounts what happens then. Yes Mildred try to answer that but I think it's because it's a tobacco cessation the money that and at the time that the special language was written this was not a transfer of funds that was. Viable for the purpose budget and so they limited it to five hundred thousand dollars that was the amount that they could afford at the time I do not know since that time whether or not the department has been able to secure additional funds in the event that they need more funds for this purpose but they are here to address that question that was gonna be my follow up question for history as to what is being spent in previous years what what what the budget announcmenet it's been five hundred a year yes ma'am this session also that's when the treatments so what has been put put up of that amount in previous years how much is being spent I guess that's my follow up question to win since the language has been in place it's always been five hundred thousand and but but we don't know how much they spend I guess is my question over the years since it's been into place in place so that like last year how much did they speak and that's my question in the year before. I don't know if this is something that is subcontracted out but I know that in terms of the department they have to make sure that the five hundred thousand dollars is transferred now the entities that that money goes to that would be a question for the department as to how much of the five hundred thousand was spent by those entities it. Thank you all for coming to the table if you're recognized yourself for the record and you're recognized. I Adams Arkansas Department hill deputy director of just for clarification the five hundred thousand is for our expenses related to Medicaid match we also set aside four point seven million to run the program so the five hundred thousand dollars just to meet our obligation for the Medicaid match it's not the funding for the program itself all right thank you this. Thank thank you all for coming appreciated thank you representative Springer. With that we're going to move down to one twenty two. Representive Tosh. Got a question I have we group did I miss that have we already group one twelve one thirteen one fourteen if we did we group those already yes Sir when we did the batch report because it was just changing dates only. Okay help for down the we group of the group to read more yeah if you look on your agenda everything and items C. was backed. Okay so we have a question regarding one of the group is it. Probably too late to each for the well no we accept represent Springer's ask I'll allow questions okay with your permission can we go back to one thirteen and I was just looking at the language here that and I'm really not sure what you're wanting to do our mental health do you mind calling thirteen under the Correct three jam under the Arkansas state board of. Page thirteen. And if you're recognized yourself again for the record. John Adams department health deputy director could could we repeat the question I'm so glad I really hadn't got to the question you have potentially good point though we were getting there but I was looking in the language that old none Page thirteen it is said you're can for appropriation for ten thousand dollars it in the professional Page line item and your warning that ten thousand dollars to be able to hire a private or independent investigator to I guess to conduct investigation into complaints against the. one of the doctors is that help me to understand exactly how this is going to work. Matt Gilmore the Department health representative Tosh that's money that they. The guys put a special language I think years ago for when they have a complaint against a chiropractor they can hire an outside investigator they don't have one on staff so they can hire an investigator and maybe with the department of health's officially services to do that. It's just money that was put in special language and been there for years for them to have the ability to use their preparation to do that you do that and I'm just curious do we know the results of any of those investigations over the past because thank you you know a private investigator just because or private investigator doesn't necessarily mean that they have the expertise in that type of background to conduct that type of investigation just because they've got that title in front of their name so I'm just curious how they're making that selection water based at all on and what have been the results of those investigations and is a. is a state getting their money's worth for money investigator one conduction and does he have the qualifications to do so yes they would hire someone specific to that field I don't think it would just be a private investigator I think it it and built the nursing board does they hire you know nurses that have investigative experience with nursing issues so and they you know they lost all those complaints and there's outcomes on those but they don't keep everyone on staff so they would go out and procure someone that has expertise in that field it wouldn't be just a private investigator thank you answer my question I know you did but if it been good if you've been in the language to say someone that has the you know the background of the quality could qualifications can to conduct or the experience conduct this type of the best case because that's just not an investigation anyone can conducting out now on the board and how they operate their very particular who they would engage with so I feel pretty confident they wouldn't this can be a rigorous process I know you know take it you are donated thanks Sir and representive Tosh Mildred is staff is going to give us some background history on this break Gillam what clear also. Thank you madam chair as Mr Gilmore indicated the person he's hired is usually someone who has this type of experience the issue was when this language would put in back in two thousand nine that the board was conducting a number of the investigations and there was a concern that there was no impartiality so they did go in secure outside investigative services but it was with someone who was completely familiar with the functions of this entity. Now whether or not reports are given that that was included in the language but we can find that out for you. Thank you number one one twenty two now rise. Okay members we're going to look at volume one page Department of Health for now you're gone thank you so much about one twenty two. Thank you madam chair on page twenty two were dealing with another recommended code amendment this deals with nuclear planning disaster grants within the department's budget there's appropriation for nuclear planning disaster grants it goes to the counties that are surrounded nuclear one and they get a tow appropriation of three hundred twenty five thousand dollars to the yet sixty five thousand dollars each in quarterly installments and this is to make sure that they can defray the costs associated with preparing for and participating in nuclear disaster incidents hiring additional personnel if they need them making sure that the public is informed of any emergencies this is a codification of the language that it does exist in the appropriation bill. Thank you Mildred any questions discussion. Seeing none do I have a motion. Most. Represent a fight drive a second second from Senator Leding all in favor say aye aye All opposed nay thank you let's move on to page number twenty six please. Members this is relatively new language that has been requested to be codified it did bills it It deals with development restrictions excuse me there was some concern about the public sewer systems and how improvements were being made are working with department of health and the engineering section and the effects of the plan on future development and zoning of adjoining property so this language was introduced by members requested to be codified and that's that's it. Thank you Mildred any other questions. The nun motion. See a motion represent seven second run. Representative fight all in favor say aye. Posed nine all right past was move on we're gonna be moving down to page number forty four which is the board of examiners and special language in path ology and audiology. Dalby page forty four. Thank you motor. Members this is another piece similar to the one that we saw before dealing with outside investigators for this Board. It does stipulate the duties that are hired under this section for the investigator they have to include without limitation investigation inspection of all complaints as determined by the board to determine whether or not there's practice in any way that's contain during to the health and welfare of the public in otherwise violates any of the rules regulations of the board said this is language similar to what we saw before requesting codification for outside investigations hiring of those persons. Thank you Mildred. Any questions. Represented the Dotson. Thank you madam chair just on that last line when it says otherwise violated this chapter or rules of the board is that referring to the chapter in code. Thank you. Representive Tosh. Ballinger my question would be the same out I just think there needs to be some clarity in this language when they're talking about. The duties of an investigator hired outside investigators and this one doesn't even say a private investigator I mean were they coming from those going to be conducting the investigation others like this committee needs to be able to to know exactly who's involved with these type of investigations before we sign off on this type of language. Do you want to make a verbal amendment do you want to hold it what would you like to do representive Tosh. Let's hold this one for now until we get some clarification on exactly what they have to. I know what they do owner who that what they mean by the investigator that's that's pretty broad okay thank you thank you Sir. Representive Springer. Thank you madam chair I would just like to follow up not necessarily what representative Tosh is indicated but for my own clarification and me being able to follow along. We were we jump from one twenty four of two I guess paid. Forty four so is there are a process of procedure that will be utilizing in order to know in advance what's going to be covered with respect to the length of the special language that we're having to address you today and in future meetings because of the I'm I'm having a difficult time because I haven't seen this in advance of the meeting I'm having a difficult time reading to catch up and understand what's taking place so I guess I would just like to have some of the in and that's why I'm having a problem with a system they making motions I understand the process to make motion that sort of thing but I'm having a problem because I'm not I have no if Vance knowledge as to what the is that we're supposed to be looking at and reviewing and approving so that's not a criticism is just that I just need to have that and understand I will. I will participate more if I knew what we were going to cover it in sequence because we're not following the agenda that we have president yes ma'am we're on item day and we are following that agenda we're on out of date and item details from one twenty six down the page forty four so if you follow item the that what that will tell us okay yeah yeah and if because we're we've through the batching process so now we're in the codification process so that's why they're not following numerically that there Johnson Johnson some of all right so I don't know you on page three so I guess I'm I missed that so number on we're on page three of the agenda and you're down to to pay forty four billion one yes ma'am thank you no problem. Representative Springer if you wanted to look at what we were going to be looking at in advance of the meeting the manuals are on the website so you can look through any of the special language manuals once you click on the link all of the agencies are listed as well as the page numbers of pieces of language and then you can see the language as it will appear in the subcommittee at the request of our chairs in order to expedite so we're not here till nine o'clock at night we decided to batch all of the agencies that have language that really only request a date change to continue that language into the next biennium and so that will be always the first part of the agenda and that will require motion once we accept the motion to batch that will move to the next. Part of the agenda which is just the agencies were going to discuss that have changes so those changes might be differences in amounts that they're requesting a transfer it might be a codification or some other change that the committee needs to be aware of so that's how the agendas are going to be structure but yes all the. Information you need in terms of what's in the manuals and we're going to discuss is on the website as well as the agenda and of course I'm available anytime you need you're welcome to call or come by and I can help you navigate. So it's under this section where we find out for this meeting the room taking place that should be that I looked in advance and I didn't see him so they've now been posted to that section then select Golding click on them what what what area are you speaking of I saw the agenda but I did not see these documents is what I'm saying. Okay this car ride is going to show you on our website where they can be located there on the general assembly's website under the battery section all right so you have that a participation from me from now on thank you thank you for to it now. Okay with that we went ahead and pulled down Page forty four so we'll get that pulled we're going to move on to page forty six was is tobacco settlement commission. Members this is another piece of language that is legislative recommendation for codification it deals with all of the Commission funds resulting from initiated act one of two thousand this is for independent monitoring and evaluation right now the department has a contract with you CA four hundred and seventy five thousand dollars and this is in the professional fees line item you'll see that once we review their budget but this is a language that indicates the Commissioner of file a quarterly progress report with the House committee on public health welfare and labor and the Senate Committee also on public health welfare and labor regarding this report. Thank you Mildred thank you can any questions for. Seeing none do I have a motion. Motion second all in favor say aye. Nate. All rights passed let's move on to page fifty six which is the ABSTRACTERS' board of examiners. And Katie is here we have any questions to explain thank you madam chair good afternoon members I'm on page fifty six. In the special language manual. There's one piece of language for the ABSTRACTERS' examiners board this is language it's recommended for codification and S. some of the other pieces you've seen previously this language states that the ABSTRACTERS' board shall hire a private investigator for any investigative matters for the board. And that is the legislative recommendation. I'm looking at you representative Tosh. Madam chair I just. Is to have some concerns about you know I'm sure the agencies or iron the proper private investigator but. I don't want to keep repeating myself but anyways you know that's the this bill special investigative background to be able to conduct an investigation of this nature and. I just don't see that in the description of the investigator just says private or independent I. This seems like the languages seems broad but to. You know you do you have an answer as to why there's not more of. The better definition of what we would describe an investigator exactly what we're talking about. Would you like to come down recognize yourself. Yes if you don't mind hit the button recognize yourself for the record and you're recognized for state. I'm Dan Parker on the chief legal counsel for the Arkansas department of labor and licensing one of our boards and commissions is the ABSTRACTERS' board of this language is been in the special language of the appropriation bill a year after year now so this is already the law but I think the way it's written is you know depending on what the issue is we may meet need an independent investigator may need a private investigator over there you know what the abstract board does is regulate the people who look at real estate titles so we're probably going to need somebody that has expertise in that area so we don't know exactly what type of investigator we're going to need so this language is written broad enough to make sure we hire the right person for the job but that that is the abstractor board specialty and it's their area and we're gonna make sure that they hire the right person for the job but having this in the code I think it's the preferred way where everybody can find what exactly the authority of the board is if they want to look it up and it doesn't have to reappear in your special language of the appropriation act year after year and representive Tosh if you Arkansas you have the same concern on all of these if you would like for us to pull those down and you can work with staff to get the right wording and we can do that and then get it processed. I DO not understand explanations given said it's always been that way but that means always been right so okay no I think at some point we need to address this and because some of these and again some of these investigations are I mean it could take someone with a lot of expertise in that area and I love I would I just don't know why you know we're going to approve this we don't have a definition of exactly the type of investigator that needs to be our instead of leaving that that brought so what the manager I appreciate you doing that so that we can get this. Cleaned up on from the okay not and let me ask numbered something. Okay so what we're gonna do thank you. Your. So what we're gonna do is on the group that we backed there's one that I'm going to pull out for representative Tosh which is going to be on page thirteen which is the Arkansas state board of chiropractic examiners. Investigative services for consumer complaints I need to have a motion to expunge the vote by what that passed do I have a motion for that I have a motion and a second second all in favor say aye. Thank you past and we're going to pull that one out. Okay that one is pulled. We're also going to go down and we're going to pull out let's see the forty four page forty four and then we're going to also pull out Page fifty six. Okay. All right and with that we're going to move on to page fifty nine Katie thank you thank you madam chair on page fifty nine of your special language manual this is another legislative recommendation for codification this languages for the barber examiners board and it pertains to barber colleges this language stays at the barber Board shall not deny an application for the establishment of a new barber college. Based on the applicant's proximity to an existing barber college and that is the recommendation thank you Katie any questions. Discussion. I have a motion. I have a motion the second all in favor say aye. Posed all right thank you that has moved on now we're going to go down and we're going to deal with Page sixteen which is workers compensation investments. Thank you Katie thank you madam chair page sixty includes a legislative recommendation for codification on the workers compensation commission investment authority special language this language allows the commission the right to invest with the treasurer's office however it gives the commission the authority to set how their investments are allocated. And that is the Legislative reckoned recommendation thank you any questions discussions. Motion I have a motion to pass the second all in favor say aye. Closed congratulations that's move on to page number sixty two thank you Katie the last one for the workers compensation commissions on page sixty two another legislative recommendation for codification this language states that once the workers compensation commission determines that there are no more commitments for the second injury trust funds once all the open files are closed on that trust fund they can make a determination to transfer any remaining balances to their existing death and permanent total disability or their workers compensation fund or both. That is the recommendation thank you. Recognized as. Who the one. Thank you for colleges do we back up to sixty I just have I've I've got a little bit of questions on this language. I apologize I'm trying to read through this stuff and. I don't know if they need to come for my my my question on is going to be is it you know as it relates to the second to the last line the movement of these funds into and out of business. Shall be by phone transfers as directed by the chair of the workers compensation I wonder if that's at the direction of the commission itself or if that you're going to have some policies. Other questions policy in place that so this going to tell the chair how to do that just I think we need a little more information on the weather wind we've already approved. Well we can always go back and examine the vote by which we twelve. The. I have a motion first find all in favor say aye. All favor. May. Past. My apologies for that. I was trying to read through it so. Is there someone here from the commission that could answer some questions please. If you come down and recognize yourself for the record and then Senator Hickey will be recognized. I'm David Greene the CEO of the Arkansas workers compensation commission right and I want to be clear you know we're probably here we're not probably here we're here we're doing this because I understand it's always been special language were you all come year to year of course the legislature and in a way to try to put things in the in the code or whatever we we're doing this and I it's my understanding we went through this whole process up here with our staff and then we sent you all the language to review would that be correct yes Sir okay. The way that this language is were on that last line it says that the move these funds into and out of these investments shall be by fund transfers my question is as directed by the chair. We'll The chair normally passes that meets with the full commission that full commission makes a determination as to what type of investments to make with the treasurer's office and then our staff then communicates with the treasurer's office right. So I'm what I wondered if we need to have that a little more specific you know because the way that it reads to me is that and would I be afraid of is in some future years ten fifteen twenty years from now we get we get some chair that says well I had a full authority to do that on my own because of this legislation so I just the and I understand your concern Senator Hickey and we we do have a a written sign off by the full commission with regard to those investments. So do you think this language are you comfortable with this language language or do you think that we might should be a little bit more specific this says that those investments and the transfers to and from where actually devote decided by the commission in the transfer I'm I'm I'm comfortable with making that change that by the full commission because of the full commission is always right in meeting and and their their decisions of our. Always unanimous so if they don't have unanimity it's not passed up if it's okay with the chair since he said that he'd be willing to to do that if we if we can pull this particular one with this try to get that more specific the way that are so that the exact intent is the way it's written yes all right thank you Sir appreciate you senator. Representative Dotson do you have a question for the commission also. No more of that I have the same question I was raised in before Senator Hickey did or I guess the same time but just as a suggestion Senator Hickey is you're looking at maybe making some modifications to this if you do look at that next page sixty two it says after receiving approval from the chief fiscal officer of the state the chair of the workers compensation commission so that might be. If you adopted similar type language there or. The chair of the workers compensation commission after receiving. authorization from the full commission one of those two things might. Give you that additional level of. Of the check amounts there. Mayor. Yes I am I'm not for sure about this the one you're you're discussing either because I was trying to read it there but it's it's almost a million you may have said this that you know they're saying the chief fiscal officer approves it. But then it's almost like the but if I understand you correctly. The workers compensation commission they actually approve everything before the chief of before sent over to a chief fiscal officer is that correct the Commission discusses those type of investments and gives the authority as to specifically it is you know the the the the market changed in for for instance a year ago we were investing in A one P. one of the highest rated commercial paper as well as As certificates of deposits that were a bit on Read the treasurer's office will we weren't getting any bids on CD's so we had to Reinvest owes moneys in commercial paper chill in order to get some type of return and is the rates changed the the the CD's were or the commercial paper it just in the last eight months have gone from Point two percent to in excess of three percent so we've always kept those investments short term ninety days or less so that we could generate the greatest return in the market sure and I agree with that and greatly appreciate that my my only thing is whether or not I think what the. A representative Dotson is is if I'm if I'm understanding we just wanna make sure that all the languages exactly the way that is transpiring we're that there possibly I know on the other when there was a step left out. I'm not for sure about this one yet so represent Dotson did. It. okay so I just wanna make sure number sixty we're gonna pull you have the same concern on sixty two also so we're going to pull bill sixty one and sixty two. I mean sixty and sixty those are. This we have that noted. And thank you. With that we're going to move down to the public employee retirement which is going to be paid sixty nine. And when you're recognized yourself. Thank you madam chair of the sixty nine this is the judicial retirement then transfer language. And this language allows a transfer of a sum not to exceed a hundred fifty thousand and that's from the judge's retirement fund to the Arkansas public employees retirement system fund and that's for costs incurred managing IT ministry AT the judicial retirement system apers is the administrator of that system the injured subject to approval by chief fiscal officer of the state there are some changes the first one is this updates the amount to transfer by eighty six thousand the amount was originally in languages sixty three thousand eleven hundred fifty thousand eighty six thousand dollar difference previously the amount will be updated by three percent each biennium and that was to keep pace with actuarially assumed rate of inflation the agency the from a the size request a larger transfer allowance and this is so that there will be no need to update each biennium and also we provide extra resources or some flexibility in the event of an unexpected system administrative costs an example is provided was intentional programming costs the ministration for new changes the retirement will the other changes and updates and said and the second recognition provides for this request thank you so I just wanna make sure before there had been an automatic increase to it. Is that correct no mails out a mag everybody knew with this the committee would see this language it would be updated by three percent three questions for three percent and as based on you know the actuarially assumed rate of inflation. But now they're just requesting a hundred fifty thousand across the board is we're gonna also be every time it comes to us a request off of that hundred fifty thousand my understanding speaking with a disease it if they'd get this request approved today they would have to come back and explain your because this will be in place for years to come before the whatever pop into that needs to increases of this would take it off the subcommittee's agenda for sometime. Thank you. Questions discussions. Sam Nunn motion. The motion the second all in favor I ninety thank you will move on we're gonna be on page number seventy now which is going to be the State Police retirement thank you at your this is the exact same circumstances the previous language that this is for the state police retirement fund and they're updating their their change amount from hundred seventeen thousand two hundred fifty thousand that's a hundred and thirty two thousand dollar difference and for the exact same reason to provide more flexibility resources in case there's administrative costs and to allow this not have to come back every biennium for a request to update. Questions discussion. Motion. The motion do pass second all in favor say aye nay. Motion has passed. All right with that I'm going to be our next meeting is going to be Wednesday October the nineteenth at one thirty PM in this big mac bait just as a reminder the way it's currently scheduled is we will meet every Wednesday at one thirty while we're doing these budgetary with that. We are turned.