Arkansas Legislative Council (ALC)

Members fuel. What a little bit we will get started with the Legislative Council read representative Karl wing is gonna lead us in prayer your stand. I do have a look father we are grateful to the for the blessings of this day grateful for the opportunity we have to gather together and to do the work the people of this great state we pray for the spirit. To be upon us and bless us as we go about our proceedings that we will that we will be wise compassionate makan we ask thee to bless us with wisdom in our work and we pray for the people of this state that they will truly be blessed we say this in the name of Jesus Christ a man. Thank you. Welcome everyone today we will. Start with the hopefully you had time to look at your minutes. And I would take a motion to adopt the minutes. I'd take a motion for committee want to drop the document thank you got a motion and a second all in favor aye. Posed thanks for that next we have Mister Kevin Anderson come up with the president to present the July revenue report. Thank you German Diana thank Kevin's got a introduction farce welcome please enter the identify yourself you're recognized yes Sir thank you Mister chairman Kevin Anderson pure of Legislative Research I'm here to give the monthly revenue report for the last time hopefully Carlos is are a new legislation I'm sorry Dr Silva is our new Legislative economist and he he just came on board with us hasn't been here long enough to do this revenue reports so I'm. I'm carrying through this month but I just he's your staff and he's available for use in the fiscal division so I just wanted introduce them to all you guys make sure you know he was available for you. Doctors do if you hit you back you're recognized anything you'd like to all that thank you I'm excited to be here and supported rest of Arkansas thank you. Okay Mister chairman I'll proceed with the revenue report yes Sir okay well we're on item D.. And this is the monthly revenue report and as you know this provides details on general revenue collections in this report deals with the first month of fiscal year twenty three so it's July twenty two. you'll see on the report proximately we collected approximately six hundred fifteen point nine million dollars this month which is an increase of fifteen point five million above last fiscal year. You for net general revenues in number at the bottom on the first page for distribution net available for distribution to state agencies and institutions we have five hundred forty one point nine million which is an increase of twenty seven point one million from all was available last June July sorry so the first page shows you in that column the gross general revenues collected at six hundred seventeen million for the month and then after you take out all your deductions the amount that was distributed to agencies and institutions was five hundred and forty one point nine million. If you go to the second page. This page will show you the amount the deviation from what was forecast actual collections so for the month of July are forecast our actual collections was twenty six point six million above forecast now that's not moneys surplus those funds have been distributed to agencies because we're still funding into our say but we are ahead of our projected revenue by twenty six point six million for the first fiscal year for the first month of the fiscal year. And then pages the following pages are all your collections by category and I'm happy to try to answer any questions Mr chairman that's. I'm happy to answer any questions. Members we have any questions on revenue report. Senator Hammer you're recognized thank you Mr Kevin I'm on page four. It deals with DFA fines penalties and court cost. The percentages significant from last year do you know. Why is up as high as it is have they just been more successful in. What can the fines or penalties or yes Sir and and that's one thing I do we do this report we look for those big percentage differences to see if we can identify just like you've done and with fines and penalty collections those you'll see that those vary greatly from month to month because it just depends on who actually received a fine and how much they collected you'll find the even out as the months go it is a relatively small amount which does skew that percentage to make it look a lot bigger than you know the total dollars comparatively to other collections in this report are thank you thank Mr. Representative makes you're recognized. Thank you Mr just a quick question the income taxes that we recently passed on how soon we expect to see those changes actually impacting the budget. will that we won't see that right away of course in this report will reflect that we will expect to see them by the end of this fiscal year and certainly in the next fiscal year but I will point out that our current forecast which was done before we enacted those had a not over nine hundred million surplus projected so I I don't see it there probably will be a forecast revision I would assume even though collections or higher I would still say that it looks like or say would still be hundred percent funded all right thank you thank you Mr. Senator Hammer back to you thank you Mr over here Sir I'd like to ask you I know you are just on the job but evidently you come with great expertise for you would be in the position you're in to give us advice and to analyze numbers last month Kevin gave us his opinion of with the recession upon us and apparently coming in greater form would you care to give us your professional opinion about what you think the future holds and what the experts are saying up where we're sitting right now. I'll write the response to that next month as we do we have a couple things to look into and and I understand what it budgets or the general that that is some expected decline twelve twenty twenty three and twenty four have apps expected tool of their. Companies that we have data from so as a chess market and moody's analytics but that's kind of what I stand right now I can talk to you and give a more detailed report on next month or thank you thank Mr. Thanks doctor soon not saying any more of a. Questions thank you gentlemen for your report today. Next up we have our report for the executive subcommittee my co chair representative Wardlaw you're recognized thank you Mr subcommittee met on Thursday August eighteenth and heard from representatives of the department of education regarding a proposed merge the rule for provision education are like Senator your discussion by the subcommittee the department was asked to withdraw the rule no action was taken on that item the subcommittee authorized bill RT enter into a contract with Mitch Williams law firm to represent the bureau regarding subpoenas for documents in addition to those items subcommittee recommend approval of the full LC of the addendum to the AOC rules incorporate responsibilities given to they'll see under the provisions of act three a special session related to the promulgation of rules and disbursement of funds for school safety grant program. Mr I'll have to motions so I think I'll make a motion to adopt the report first and then we'll go into the rules discussion. Okay and got some questions first senate just for you you're recognized. Thank you Mr chair in reading the paper I found that it set you approved a match for those individuals who provide internet service throughout the state could you explain that to me because it it gives me great angst and that there's some Q. for communities that are not going to be doing the match or is it the company itself that's supposed to provide the match in order to get the infrastructure done in those particular areas. That was in. Board I'm going to have to have a little more information. Okay well is to Mister Wardlaw it was my understanding that the department of commerce recommended that we have a match that of the state would provide so much and that the entity that was to provide the infrastructure for internet capability was to be able to provide so much money in one of those And added senator I know that was not taken up in his executive okay so is it taking it Sir I don't I don't know I'm kind of lost it what we're talking about here we haven't heard that this week and we didn't hear last week exactly Committee they just make the paper onus on I guess all right thank you yes so. Okay Senator Elliot you're recognized. Thank you Mr chair this is a question to represent Wardlaw I just wanted to understand better in the other business section about the subpoena and Assess or what we're doing with this with the Absolutely and I'm going to have the Marty Garrity from the bureau staff address that question for you okay Senator Elliot this Marty Garrity Senator Elliot the bureau received a subpoena for legislative documents documents that we consider privileged documents are communications correspondence between members between members and staff and so it is always the policy of the bureau that we. Engage attorneys to what's the right word. To look at whether we need to turn those documents over or not because of the legislative privilege that is enjoyed by the members with respect to these documents. Is is there if I may Mister chair is there more pressure or different kind of pressure request that we're not able to say this time around because I know before that's what we we we just said these are working papers so forth and so on is there something different about the request now that said hello this is similar to other requests we received and where we've engaged Michelle Williams to represent the bureau with these types of requests okay so we just engage them on an ongoing basis ninety two okay thank you Mr. No other questions of back to my culture Wardlaw. I have a motion to adopt a report. I have a motion to adopt the report all in favor I. And your second motion I have a motion to adopt the addendum to the L. C. rules. In pursuant to the school safety grant program. Okay members I am told this does require separate a vote for the house in the Senate we will vote the house first all in favor I opposed from the Senate all in favor aye. Opposed thank you passes thank you for the report. We now have our standing committee report starting off with the administrative rules represented less seeds you are recognized. Thank you Mr chairman the administrative rule subcommittee met Thursday August twenty fifth the subcommittee adopted a report of the executive subcommittee concerning its approval of emergency rules the subcommittee also reviewed and filed a quarterly reports that were submitted by the department department of corrections and the parole board the subcommittee received agency updates on outstanding rulemaking pursuant to act five ninety five of twenty twenty one and the subcommittee filed the August monthly written updates pursuant to act five ninety five all rules were reviewed and approved and I move adoption of the report. Thank you of any questions on report I have a motion and a second a second all in favor aye. Posed thank you for that port is adopted next we'll go to claims review and litigation reports oversight representative Bruce Cozart. Thank you Mr. The claims review litigation reports oversight committee met on Monday August the twenty second of two thousand twenty two concerning litigation reports oversight and subcommittee review of seven litigation cases a subcommittee also reviewed one proposed settlement submitted by the Arkansas rehabilitation services concerning claims review the subcommittee affirm the ruling of the claims commission as to three rear research is looks of warrants and want to go should a settlement agreement one warded claiming fourteen denied it to miss claim dismissed claims subcommittee to talk declined to consider five claims that were submitted outside the statutory time frame for appeal of the claims commission decision under the Arkansas code annotated section nineteen days ten days to eleven a I move that option of the report. Okay I have a motion any discussion on the motion. I'm not a second second on favor I. Posed. Report is adopted we have our game fish state police subcommittee the. Senator Blake Johnson you're recognized for report. Game and fish date and state police subcommittee met used the August twenty third twenty twenty to the Arkansas state police provided general updates regarding law enforcement the state and the game and fish commission gave report on ongoing conservation projects and initiatives with that I would move to adopt a report. I have one question here first senate page you're recognized. Okay if you get back in the queue you're just getting for a for next four K. Singh no questions second but I have a second on favor I. Posed that reports Dr now Senator Pitsch for the hospital in Medicaid study thank you Mr chairman the hospital in Medicaid study subcommittee met on Tuesday August twenty third at three PM in committee room be in Little Rock subcommittee heard a report from three M. health information systems about modernizing the hospital inpatient payment system for Arkansas Medicaid the subcommittee learned that seven states are using a per diem or cost based hospital based inpatient payment system like Arkansas and that forty three states are using some form of a diagnosis related group payment system respectfully submitted by co chair Senator Ingram and representative Ladyman I do make a motion for approval of the report yes and no questions have a motion to have second second on favor I posed thank you for that report next for the peer a committee Senator Dismang you're recognized. Thank you Mr chairman the A. L. C. performance evaluation expenditure review report summaries as follows there to subcommittee reports on the agenda The first report is from August eleventh when the subcommittee gave final approval of the first round of the A. R. P. S. for funds the second report is from the August twenty third if from August twenty third includes final approval on the second round of A. R. P. S. reappropriation quest for the department's cation one item a restricted reserve fund transfer for the military department eighty two is held in the subcommittee to receive more information and have further discussion to items for a late submission or not on the agenda but were discussed for the subcommittees information attend attachment to is a restricted reserve fund transfer request of one million to the division of environmental quality for the used tire recycling accountability program attachment to is a cash preparation quest ready queue for the same amount and purpose it will give the division spending authority to use restricted reserve funds I move for adoption of the report and and I move that we refer. Items the items related eighty Q. and the used tire recycling accountability program to JB are working conjunction with legislative audit I move that we suspend the rules take up a or P. S. request for the department's cation the department's case request seven or seventy three thousand nine hundred ninety eight dollars and a or B. as a preparation to send Esther funds the rector school district staff has handed out the documents related this request. I need to record your. Well let's back up on going to do is move so far as for the adoption the report and for to refer the items related eighty Q. to J. P. R. in conjunction with legislative audit that I move to the other motion. Okay proper motion members were wrong I have a vote on adopting the report firstly the separate have. Russian from center Chesterfield yes could you explain to me the thing with eighty Q.. I can do my best there was a there's been request the water thing now this is for a tire disposal okay there were there was some of financial request for assistance related to the tire disposal program I think that that you know it's bounced around quite a bit into alternately I think there may have been some timing issues on the last payment went out and saw some of this may fix itself again I'm in over my head trying to detail it there's probably other members have more information but if that's generally correct I'm happy to turn it over to somebody else thank you thank you Mr. Okay saying not no more questions I have a motion to adopt the report at the second. Second all in favor aye opposed now if you would restate your part for the. Education for. So first I need to moved to suspend the rules take up an A. R. P. S. request for the department education I have a motion spend road second all favor I. Those rules are suspended stage motion thank you of the Department education request seven hundred and seventy three thousand nine hundred ninety eight dollars a or P. appropriations and answer funds to the rector school district staff is handed out the documents related to the request. Gegard motion seeing no questions at all in favor aye. Posed. Motion is approved thank you. Next we're going on to the policy making Senator Linda Chesterfield a few of that report please. Thank you Mr chair the policy making subcommittee met on Wednesday August twenty fourth and heard from senator Terry Rice representative Jeff Wardlaw requesting approval of the employee health benefits actuarial consulting services contract between the Siegel group and the bureau of legislative research subcommittee voted to recommend approval of this contract and I move adoption of the report. I'm sorry I was distracted you like a motion with that yes Sir I'm willing to jump in the report the motion top report second second I'll favor I suppose thank you senator just for thank you Sir next to Senator Scott Flippo will give the review report thank you Mr chairman the review subcommittee met on Tuesday reviewed methods of finance discretionary grants and services contracts in addition to the disclosure of a proposed contract between the Arkansas insurance department and Senator Hammer was reviewed and I do believe Mr chairman that Senator Hammer one make sure that he's gonna be upstanding. From this and I'm sure he'll chime in here in a second tell that the committee heard a report from secretary Mitch rouse that after further consideration the Department transformation insurance services office of state procurement would not move forward with the study proposed earlier this year for the development of a statewide contract for potential savings for the state we're going to wait until next year to move for with that per the amended the amended ALC rules in April of this year this report will conclude the study requested by the end of the year on this request no items were held and I'm there to talk to report. Okay thank you we've got a couple members of on you're just a second Senator Hammer you're recognized for thank you Mr chair for the record publicly I'll be obtained from voting on just this rule report and this report only today thank you thank you Sir representative Cavenaugh you're recognized. Thank you Mr chair I had requested some information from the department of corrections and they've provided that but I have further questions I'd like to ask them. If the department would come up. Welcome Gillam if you'll pull your Max at two U. turn Amona recognize yourself my name is Richard Cooper on the system director of construction maintenance for the department of corrections. Wilmot Wimberley the chief financial officer for the department corrections thank you for being here today represent Cavenaugh you're recognized thank you Mr chairman here to your right okay on thank you for providing me the information I requested on your phase one in phase two it's approximately eighteen million dollars that we're spending on these energy saving projects phase one is and basically both of them are showing that we're going to save one point one million dollars on those so we're spending eighteen million dollars to save one point one million dollars. Do we have projected out how long the savings will last because looking at it you know it's gonna be sixteen years before we recoup the money that we're spending. You mean. Thank you for your question the the contract itself is based on a twenty year term. That's how the contract is designed. typically we have two payments that we pay out toward that contract annually. The savings that we realize the actual your energy savings that we realize is somewhere in the neighborhood of right at seven hundred fifty thousand dollars and that's what makes that payment every year so it's virtually at no cost. By the time you calculate that out annually so we pay that out that eighteen million often annual installments. So it zeroes out basically annually that will make those payments for. Twenty years and will make those payments in the savings will pay for follow up Mister chair. Great for your report that you gave me you should be had energy savings I think you had maintenance savings and then you had or something called capital of void and savings what is capital of within seconds yes ma'am that's us not having this is of new H. back equipment new boilers new chillers operated large equipment that we would have had to of purchase or repair over the duration of this time frame annually that we provided that those savings is what you'll capital for this is us not having to buy equipment is there provided through this contract. Okay. Okay but we're we're binding through the contract yes. That's how we avoid that capital expenditure if we're binding through the contract with the capital equipment that was established in the contract was low efficiency these were items that was really costing us a lot more than just our maintenance on the actual pieces of equipment itself so by installing this new equipment it created a a higher efficiency that affords us the opportunity to be able to operate in today's world new when we have to make any kind of repairs to it they're available a lot of the commitment that was repaired or replaced we cannot even get parts for anymore so that's what is it instead of us having to come up with a large sum of money at one time to replace the two hundred thousand dollar chiller. Or a two hundred fifty thousand dollar boulder that is spaced out because we're we're entering into that into the contract is part of the contract so we're able to be able to diversify those funds over a period of time instead of having to come up with all those funds once. Okay but we're still paying form yes ma'am. Okay I don't really understand how we're avoid that when we're paying for it in the contract but okay so basically we're Sabin seven hundred and fifty thousand dollars a year and you're using that savings to pay for this new construction. To pay for our payment toward the performance country which is equipment for the new lighting H. back assuming waters water conservation yes wastewater okay thank you. Thank you for questions here representative back you're recognized. Thank you Mr chairman. On your contract I think I understand that you're paying for the contract off the savings that the contract produces what what is a life expectancy of the equipment you mentioned chillers and boilers what would life expectancy of those equipment they want to replace. Well that really is going to be determined on the type of equipment I mean if you're talking about a package unit they got a life expectancy of somewhere between seventeen and twenty years chillers can last up to twenty five thirty years so you'll actually be realizing savings even after the contract has matured you should be realizing those savings continue. All right so so. Do you have any numbers and I'm I'm sorry I did not see that report but the do you have any numbers related to what percentage of this equipment will be on going beyond the twenty year I'm assuming that this you're doing the math here and that the twenty years is when we get that contract all paid off and all that so how much of a quick minute will be actually performing force beyond that twenty years you have a percentage of the con. If I were to have to put a guess on that today I would say seventy percent. Thank you. Senator Hammer you're recognized. Thank you Mr too far left over German morning just a quick question following up on representative back if the equipment fails prior to the end of the contract to absorb the cost of replacing the equipment because if I understand it right equipment is supposed to help pay for the cost of the upgrade your P. time but if you Quitman fails during the length of that contract or proposed time that is supposed to last who's responsible for that. The agency will be responsible for the server but they also part of the contract is preventive maintenance performed on that equipment. Correct contract. So it there shouldn't be a reason other than a major power failure or something of that nature that would cause that equipment to fail to the point of of non repairable. And in the event something like that happen that would affect the projected savings because now you're having to step in to replace whatever that is but nobody really knows that that's going to happen or not so hot. How do we track it or we just gonna have to monitor that over the next twenty years to see if the theory really plays out reality twenty years down the road. Our division is actually tracking all of the equipment replacements and the preventive maintenance is performed on each piece of equipment and preventive maintenance part of the contract you just it is okay thank you I thank Mr. Thank you a representative body you're recognized. I would just look. Maybe I was sleeping I just heard numbers in my mind started calculating you said seven hundred fifty thousand dollars a year on an annual payment and that would repay twenty million R. eighteen million over twenty years. I mean my math would say that's more like nine hundred thousand dollars a year so could you clarify that again so I can I can get that straight in my head with the seven hundred fifty thousand dollars as referenced is pure energy savings cost again there's Capital One into maintenance costs that's been avoided to the contract that will get you to that basically one point one so it's not necessarily just the pure energy cost savings at seven hundred fifty thousand dollars just the money the agency is saving by not having to spend an enormous amount of money at any given time on any piece of equipment so this is managerial accounting and not true. Mathematics. Nine would be a yes. Thank you yes. All right the representative back you have another question. Thank you Mr I think maybe referred senate hammer in our that back and forth a little bit here but is it in you might be able to clarify this on this contract for weeks in these out. The equipment that's on these contracts if your extended out twenty years has to have a life expectancy of. The length of the contract over that contract is and that is determined by a national organization that says that that piece of equipment should last two X. number of years is that not correct that is correct Sir thank. All right saying no other questions thank you gentlemen for being here and answer questions the. I have a motion from Senator Flippo to have a second to set the report. And the second on favor I. Posted buses. Next we have a representative Cavenaugh you're going to give our personnel subcommittee report today please. Thank you Mister chair Mister chair of the personnel committee met Wednesday August the twenty fourth and room a in the mac building the committee reviewed and or approve the request continuations and reports listed as items one through thirty on the report I would be happy to entertain any questions and I move for the adoption of the report at the proper time. David I have a second no questions all in favor aye opposed. Report is adopted representative Gary Deffenbaugh you have our lottery oversight reports morning. Thank you Mr chair lottery oversight subcommittee met Wednesday August twenty fourth two thousand twenty two at two thirty PM in room back me in this subcommittee heard testimony and reviewed the following items number one the Office of the Arkansas lottery report number to the Arkansas division of higher education report number three Arkansas division higher education academic challenge and workforce challenge scholarship award and student status. For. So I move for the adoption of this report okay no questions have a motion and a second second owned by rye road thank you for that our Highway Commission review an advisory board representing but neither. The highway commission review an advisory subcommittee met Thursday all August twenty fifth at three PM the subcommittee heard testimony and discuss the following items. The progress of each highway construction project of ten million dollars or more July and August twenty twenty two monthly updates of the ALC of patients the study recommendations rules for implementation. The proposed contract with data Trevor transfer solutions to develop a maintenance management system for the implementation of efficiency study rule recommendation number seven. And the Federal national electric vehicle infrastructure formula program update. I move for adoption of the report. No question I have a motion and second taken on favor I posed next we have center hammers can give our employment benefits division oversight report you're recognized thank the share the employee benefit Division oversight subcommittee met on Wednesday August twenty fourth twenty twenty two and at ten AM Committee room a in Little Rock subcommittee approved the actions of the state board of finance which met on August sixteenth twenty twenty two the actions approved where the adopted ADD quarterly report for the fourth quarter of twenty twenty to prove changes to the B. D. drug formulary and approved R. F. P. for the actuary employee assistance program subcommittee also heard of pharmacy benefit manager update and this is respectfully submitted by the shares Deborah Ferguson and center Jason Rapert I moved for the approval of the report as chairman. All right I have no questions I have a second. Our own favor I. Post and members of the B. D. you know been working act Several months and we appreciate the input for members the chat on it because it affects everything in the State Council you have been sent out the schedule of the meetings that are going to be around the state you can look at that you can't get that information out to your constituents in your area that affects and now we will be sending that out to without any objection in here to the entire legislature where everybody will be involved in that and let me to recognize Richey Wardlaw thank you Mr I want to add to that of we met with the director Jake believe this week and he's going to be getting a one eight hundred number out to all the members to put on your social media accounts get out to your constituents for any questions related to the Imedi plan or the drug benefit plan they will call that number. What we have found is our constituents for calling United healthcare and they were getting General United health care answers instead of employee benefits division plan answers so we want those people to call employee benefits not United healthcare so you'll get a call that number will get out all the members in the coming days just make sure to distributed out to your constituents thank you. Thank you. Just for the record yes following up on that Mister chair of representative one are we going to have those meetings around the stage deal. Yes I think that's what our chairman rice was point out is that schedule was sent out to all the council members I believe yesterday and this afternoon will be sent out to all the members of the legislature okay thank you so much thank you Sturch. And there. Again a lot of work go into that members were please what we see on the plans for I've had a comment or two this is this this looks too good it's not the off the street planned this is a exclusive plan for our state and public employees and and I think we're seeing some people please with it but we definitely want to get him to the place to get the correct information and and we appreciate everybody helping with that. Senator Breanne Davis who would you be available to give our occupational Lassen Review reports yes thank you thank you share the occupational licensing review subcommittee met on Thursday August twenty fifth twenty twenty two to receive reports on occupational authorizations from the Arkansas department of health and the veterinary medical examining board I'm a for adoption of this report. I have a second. In no questions on by right post thanks for that next we have communications a report. Okay members all these don't require action if there's any those that you see that you want to call out and get a questions on get some answers only be glad to do that first one that we will be covering is number six department of Human Services I believe miss Clark what's going to come up and give that report. You're recognized self missed what you can proceed. Thank Mister Clark what part of Human Services us as your may recall back in the fiscal session their special language include with our Medicaid preparation directing us to do our rate review around assisted living services and look for ways to increase that right uh we've been working with this it's living facilities I had extensive number of meetings to go through that we brought in a vendor to help us with that process and they produced a report that draft report is what is in your agenda today and they're recommending a new rate for assisted living of ninety six seventy six per day and so we're moving forward to adopt that will be submitting that CMS because CMS permission to implement that rate the vendor since we submitted this they have now spent their final report it does have a substance changes other just adding the feedback they received and a few other minor things and will submit that to you all for next month I would that be happy to answer any questions. Okay any questions representative Murdock or somebody in the seat that's represent Bentley. You're recognized. Thank you chairman and Margison I know we do this more that's a pretty huge jump from sixty something to ninety six an hour so can you give us a little insight on that thirty percent increase their sure the increased its really travel to factors first of all in the past rates we have declined to include some expenses around mill preparation and related things because we were concerned that would fall under what is excluded by federal law in Medicaid rates what we've the compromise we've reached with stakeholders is we've included in this rate we've called out in the report and service image CMS and CMS accepts it great will pay that rate and to move forward is CMS declines it then we'll circle back and revisit see what we need to do about that accounts for just nine dollars and sixty eight cents of that difference for the remaining difference it is the increased staffing costs reported by providers ask for this process with a call survey they submitted the costs they've incurred this is looking at more recent data in the past because surveys we've done and that increased cost of they reported that accounts for seventeen dollars forty five cents there is a put those two together and that's the difference. And do we know yet with this going to cost us anyone as the state getting numbers on that yet. A polling followed chairman I'm sorry the was something Mister hill may have that. I'll put that in my folder I don't believe I did. Okay we expect the total budget impact be US three point nine million of that we expect the state share B. one point one million thank you thank you chairman appreciated. Thank you rip the going to center Chesterfield Nicks Mr chair and good morning mark it one of the questions that came to me is how did you guys a DH yes implement your raises are that the governor approved because we if those around us I said thought that if you're making a hundred thousand you wouldn't be eligible but I noticed that several people to DHS Lowery making under it got the race could you explain that to me. And I'm sorry your foreign to the the races that the the the cost of living raise the government last spring right. I have to go back double check my memory is that we just apply that across the board now if an individual was close the maximum for their particular pay category thank you go only go up to the maximum but not my memory is a thousand cross the board okay so it was not if the governor say people making over a hundred thousand we're to get raises as well I'm just trying to gain cared clarity on that I I don't recall that limitation but I that's that's what's the matter thank you thank you Mr. Representative Bragg you're recognized thank you Mr chair over here right of I know it's speculation but do you have any idea how long it would would take to get this approved in the effective. We will be submitting this to CMS by the first of October CMS has a ninety day clock in which they should give us an approval we don't expect it to take full ninety days orderly try to get that within forty five days so we're expecting we're hoping that we'll have approval by probably November or so and then will be bringing this to you all for legislative review in November or December the rate will be effective January one okay thank you. Senator Hammer you're recognized thank you just clarification to what Senate represent Bragg we say. Is that why are we have the way to October first to get it to CMS is not ready to go out the door yet or what what do you lack getting it out the door to work get there or putting together the package that has to go to CMS that's been pulled together next up is for the secretary to prove it and then for the governor to approve it and once that happens there's public comment period has been published the newspaper source going through those procedural steps and is there no way to make it retroactive and you're saying it the rates we kick in January first of twenty twenty three there's not a retroactive method to pay back to when the started. It's no not go back that far keep in mind that we are paying a higher rate now under a US special permission is granted by CMS so the the providers are receiving an increased rate at the moment and that will continue through January one when the new rate kicks in and what's the current rate you're paying paid now it is about eighty five dollars per day and the new rates can be around ninety six H. yes Sir okay thank you thank Mr. Okay saying no other questions hello thank you for being here thank you for. Okay members before we proceed with us more reports of we need to go back to a beating employment benefits division we have the of the report I'm only to expunge that vote if I could hat I have a motion to that I have a second. Second on fiber I. Boatswain okay now I'm going back to Senator Hammer if you will give our give a correct report please. The employee benefit Division oversight subcommittee met on Wednesday August twenty four twenty twenty two ten AM in the committee room may in Little Rock subcommittee approved the actions of the state board of finance which met on August sixteenth twenty twenty two the actions approved where the adopted EBT quarterly report for the fourth quarter twenty twenty two and the approved R. F. P. for the actuary program the subcommittee held the EBD drug formulary changes in the R. F. P. for the employee assistance program till next month subcommittee also heard a R. F. P. for pharmacy benefit benefit manager update submitted by representative proportion Senator Jason Rapert. for the adoption of the report Mister chairman. Okay a second all in favor aye. Closed thank you for that now members will go back to seven a rescue me a seven B. as the next one that requires a motion if we'll have believe Mister Jeff king you'll come up. With the division of state parks. Thank you all for being here today if you will give your name in the title and then we'll go to questions. Jeff king deputy director of the division of state parks. Leslie Fisk in Chief of legislative affairs for parks heritage and tourism if you will pull your back for a little bit closer to you to discuss record or you can pull it. Yeah please call the whole thing close to you that what we hear hi I'm Leslie Fisk and chief of legislative affairs for parks heritage and tourism thank you a review Wardlaw you're recognized for a question thank you Mister I understand the law says that we should give favorable advice on this I just want to understand what this real property acquisition is and explain to me why. And I'm guessing parks with this bill forward to make a law but why do we use the words favorable advice here. Not sure that I can answer the questions related to the specifics of the language of the law but we have followed this this process I've worked for the parks division for the last fourteen years and we've been following this section of code ever since then I'm not sure that the civics of that but I can lay out a request to you if if if that's appropriate yeah so we're that the code says that we will take all of our property acquisitions for state parks and for any new parks for approval by the state park recreation travel commission also the governor's office the department of finance administration and the Legislative Council and so we've gotten those previous approvals for the purchase of this property that's at mount Nebo state park of hundred forty six point seven seven acres and so we're we've kind of gone through our process and gotten it to the level of review here I by the Legislative Council. Thank you. And Mr IDOT any other questions. The representative makes you're recognized thank you Mr chairman her friends so I was looking through this and I noticed that one hundred acres of this proposed property is a dual claim of ownership and I noticed also that the parks department have I a trail on what is essentially potentially private property and so it sounds like there's a backstory there and I'm wondering if you could give us that that backstory. Yes Sir represent make makes we've been working to acquire this property for a number of years our commissions given various authorizations going back to mid two thousands and so we've been able to reach an agreement with our with the landowner of the property and also really that do will claim aspect came about when we were digitizing our our records are geographic information system personnel in two thousand nineteen I digitize all the deeds dating back to the to the thirties for mount Nebo and so that's where we were we were able to identify this is a dual claim piece of property hi. So is that a problem back in the nineteen thirties or both the state and I assume this gentleman's ancestors both claimed that property is our owns and filed paperwork to that effect right and it really is the due to the fact that we've we had multiple court houses that you can file for property not Nebo and also just a listing of the property weather was broken out in terms of lots and blocks or in terms of township section range had a discrepancy there but when you overlay those pieces of property in a digital format you see that there's there's two titles that that show ownership of a piece of ground okay so so he had a legitimate claim to the property that it wasn't just something he made up okay and then my my final question is I'm kind of looking at the map here of the piece of property you're wanting to purchase and a notice is a piece of property here that's going to be landlocked within the state park is that something you all are gonna look at purchasing at some point as well. That that's correct yes we've already but I've been in contact with the owner of that property and will be be looking to negotiate a the purchase of that going to last in the holding all right thank you thank you Mr. Thank you Senator Hickey you're recognized it just just quickly you will be acquiring title policy on that land. That's correct okay and if it has any abnormal exemptions are not gonna move forward correct with the exception of the non exemption that will have here for a for this dual claim piece of the hundred acres. Okay how how is that going to read on there do you do you already know I mean I know you have to. Wait for the specific exemption but how how's that going to be. Listed on that title policy or do you expect it to be I'm I'm not sure that I can answer that just yet but I'd be happy to report back to you as we get into that process and have have our title commitment okay it let me ask you this with the dual exemption if the if that's an exemption on there is that is that going or if it's some point thirty forty fifty years from now we wanted to get rid of that is that going to cause a problem in selling the things so that you to get the full purchase price at that time or do you know. I don't know but generally we you know we say we're as a State Parks we're we're kind of in the forever Business one typically when the entire piece of property were utilizing it for its historic and cultural natural resources so I don't see it as but really have time where we would we would love to dispose of the property but I can gather some more information about the specifics on exemptions for U. K. the the. This is This undivided interest is that what you're calling of. The tool it may not is that what I would refer to his undivided interest or not no it's really two separate deeds basically that are outlined the same piece of property so I would expect we get a a basically a quit claim deed from the current owner to to negate their their interest in the property so that our duty is that. The card is standing priority right. It and I'm I'm not going to hold anything up here but I Mister chair I think that at the least maybe we should to at least have that come to us so that we could to review that. Okay it's noted. Senator Hammer you're recognized for a question thank you share as far successors to the air and all that stuff to just terminate upon. Death or just transfer to future family members or house that workers that even in the discussion in the picture what we would like that as as well as the property damage does that I would take out any future heirs or successors and might have a claim from from the private interest. That they would have they would not would not have okay thank you. Senator Ballinger recognized. Thank you Mr and I I'm I'm sorry that I'm not not up to date that you got on this but you're talking my language as a as a real estate title tourney but. One thing that so what we have is an overlap of it in the title do we have any any evidence that the both sides or were actually claiming or possessing the property. well that that I would say yes because of the the the private landowner is utilizing the property and has for for hunting and recreation and we're out we're utilizing a piece of the property because the bench trail at mount Nebo State Park actually goes through about a quarter mile section of this piece of property okay so that the but the the party party party currently possessing it is willing to give us a the right even if the quit claim deed nope not at all that's correct why would we want to do a quiet title action just to clear the title we may I I would have to kind of deferred of our kind of that next step in the process which will will involve our general counsel and and get the proper paperwork in order to close on the property yes okay I thank you. Senator Blake Johnson you're recognized. Is it is a proper I'm over your left. Is the property that is landlocked owned by the same private owner. No it's not. The little the private owner has been paying taxes on the bill titled property or at that's correct. All right thank you. Okay members this is the first of two that we have for the division of state parks lasting no more questions I have a motion to approve. For for excuse me for favorable advised. I have a motion the second on favor I. Post all right now two seven C. and you're recognized president. Item seven C. as is pursuant to act one seventy four the twenty twenty two fiscal session and this is a report of our general revenue comparison you're over a year and is listed by park. So. we're just asking for a review of this item. Okay members any questions. Not saying questions on But need motion to review the file as reviewed. I have a motion and a second our favor I. Opposed thank you all for being here today and taking a question thank you. Next one required action known members is nine B. division of Building Authority. if And lay low. Your someone come on up. Thank you for being with us today if you will recognize yourself yes Sir thank you Mister chair and members and like all director division of building authority and with me is Crispell he's or administrator real estate services. Good morning. J. Richard Wardlaw you're recognized thank you Mr I'm I'll make a motion that we hold this for one for to to next month's council which is only two weeks away I want to understand why we're proving that bid so low and if there was opportunity for possibly a better advertisement a new bid so Mr Libby my motion Preciado favor what. Okay is proper motion any discussion on the motion. Senator Hickey you're recognized that I agree with the representative Wardlaw I would like one thing there's is there any time constraints with us so that over next meeting is when is that Mr chairs it September fifteenth. There's no. But within the documents or is there any time constraints with that Nassar there where that it does require your review so okay thank you think two weeks of the phone number sixteenth on the. That's all discussion we have a have a motion I have a second. Second all in favor I have to hold it over all right follows thank you for that. Okay members if you C. there we've got to interim study bills and take a motion the batch those. For the I have a motion second all in favor I. I have one more day if you'll hang with me just a minute Also if anybody noticed that my co chair representative Wardlaw looked a little owners because he had a birthday yesterday and. And members are last dealing recognize Senator Hammer for an announcmenet Senator Hammer you're recognized thank you Mr Senate ethics will meet twenty minutes upon adjournment of ALC in room three oh nine. Okay members not seeing any more business thank you for being here today we're Jr.