ALC-Administrative Rules

Committee. It's called to order first up is well let me just say this before we get started that if you'll notice item H. on the agenda is being removed from today's agenda any interest of time we're gonna move that to the December agenda so that takes us to be reports of the executive subcommittee you have for reports from the executive subcommittee in your packet regarding its approval of emergency rule since our last meeting. Or give you a second to look at those. All right members I have a motion to adopt these reports. Your motion all in favor say aye. Lows aren't motion carries that takes us to item C. The quarterly reports on administrative directives first I would be the department of corrections. Morning. You just would state your name for the record going get started. Good morning Mr chairman and committee members my name is Lindsay Wallace I'm the chief of staff for the department of corrections. And so I'm here to report on the quarterly third quarter report for new and revised secretarial and administrative directives and there were no new or revised administrative memos issued during the third quarter and I'm going to start with the list of secretarial directives that were issued I'm Secretary directive twenty twenty one oh nine dealing with information technology this is a combination of divisional policies to establish a department wide policy for acceptable use security maintenance upgrade repair and disposal of various forms of information technology. Secretary directive twenty twenty one dash ten concerning procurement purchasing disposition and contracting right guidelines this also was a secretarial directive that was issued to streamline processes governing procurement ten con contract contracting within the department's secretary directive twenty twenty one dash twelve concerning public relations and release of information this was an amendment to an existing secretarial directed to add procedures for community corrections offenders to request review of their institutional records secretarial directive twenty twenty one dash thirteen governing the department website is a new secretarial directive that was created to establish guidelines for information required for the department of corrections public website and the operation of the website. Secretarial directive twenty twenty one dash fourteen governing incident notification procedures this was an existing policy that was updated to add that the Secretary exercises discretion control and supervision over the immediate notification of serious incidents within the department. Secretarial directive twenty twenty one dash eleven governing set dress code for uniformed personnel it was an updated policy to clarify acceptable facial hair styles and restrictions on earrings for division of corrections staff due to security concerns and safety. Secretarial directive twenty twenty one dash fifteen governing internal investigations and criminal evidence handing handling this clarifies it the board of corrections may access or direct internal affairs investigations department what. Secretary directive twenty twenty one dash sixteen governing employment it clarifies various items related to department of corrections employment it was updated to add certain language governing the secretary's discretion and authority to appoint or transfer individuals into certain IT oh eight or above positions and executive staff. Secretarial directive twenty twenty one dash seventy seventeen governing the Americans with disabilities amendment act this directive was created to ensure that a qualified person with the disability will not on the basis of that disability be discriminated in hiring firing advancement compensation and job training procedures percent to the Americans with disabilities act. Secretarial directive twenty twenty one dash eighteen governing employee work schedules and leave this directive was updated to ensure that all the OC employees about by standard work schedule that meets the department of corrections needs it was also that language is also added to accommodate a flexible schedule if there was a need for department coverage statewide. Moving to the Division of correction administrative directive summary. Administrative directive twenty twenty one dash eleven governing death row this administrative directive was updated to add the protocol that attorneys must follow to visit with death row inmates it also adds language governing certified religious assistance and at the cotton the non contact with the Tatian area in which they are allowed to counsel inmates there are several that were repealed due to the issuance of secretarial directives those are I'm related to information technology AT twenty sixteen dash fourteen twenty nineteen dash oh two twenty seventeen dash oh four and twenty eighteen dash thirty nine those were all repeal due to the issuance of the secretarial directive AT twenty twenty one dash twelve governing the management of institutional files this was at updated to add specific required files and other data for the institutional file records and also to state that the correct location the files of male inmates shall be created at is the intake facility which is the wash tower River correctional unit. Eighty twenty eighteen oh two governing procurements was repeal due to the S. and issuance of the secretarial directive. Eighty twenty twenty one dash thirteen governing department owned housing and mobile home parks this administrative directive was updated to clarify existing policy for staff housing within the Department eighty twenty four twenty one dash fourteen governing the and make work craft program this administrative directive was updated to remove bead craft is an approved work craft and also clarifies when the Division correctional and reimburse work craft tools. Eighty twenty twenty one dash fifteen governing restrictive housing this directive was updated to remove language regarding to the housing of youthful inmates which is governed by the administrative directive on youthful inmates and then also languages added governing prea incidents eighty twenty eighteen dash oh nine this also is repealed due to the issuance of the secretarial directives governing the department website. Eighty twenty twenty one dash sixteen governing the inmate welfare fund this directive was updated to add that maintenance projects that improve the safety or health of inmates may be paid for from the inmate welfare fund eighty twenty seventeen dash fourteen the Americans with disabilities act this was repealed and replaced by the secretarial directives governing the same topic AT twenty twenty one dash seventeen governing testing inmates for human immunodeficiency virus this directive was updated to ensure compliance with ACT six fifty three of twenty twenty one which states that a person arrested and charged with the various sexual offenses and the victim of that sexual offense may request that the person arrested and charged with the offence be tested for the presence of HIV this is just if one of those folks happen to be in our custody. Moving on to the division of community correction the administrative directive summary here multiple eighties or appeal due to the issuance of secretarial directives governing commuter computer technology information technology AT twenty eleven dash oh three and twenty fourteen dash twenty or repealed by the secretarial directive the same with eighty twenty seventeen dash twenty seven eighty twenty eighteen dash oh eight governing procurement was repealed or placed by the secretarial directive an eighty twenty sixteen dash seventeen agency description public information was repealed at Wells certain sections or repealed and replaced by the secretarial directive on the Department website in the final update for the division of community correction is eighty twenty twenty one dash oh one this directive was updated to remove language that was superseded by secretarial directive and then just updated to comply with the various secretarial directive guidelines and that concludes my report on administrative directives for the department of correction. All right thank you for that members are there any questions. All right seeing none that object in this report will be reviewed and filed are you going to the parole I guess the proboards well yes okay and there were no this one short and easy there were no administrative directives or memorandums issued by the Arkansas parole board for the third quarter of twenty twenty one thank you permit members any questions of the pro for. Thank you saying no without objection that report will also be reviewed and filed thank you. Member that takes us to item D.. First up we have the department of agriculture Arkansas livestock and poultry commission. Good morning jim if you would introduce yourself for the record you can go ahead and begin your presentation. Wait Hodges chief counsel for the department of Patrick Fisk director for the a lot of poultry correct department. Mr chairman of the first rule we we have here is the of the Arkansas swine rule and what this is what the amendments do here it is eliminates some exceptions to diagnostic testing which actually gave an advantage to owners of out of state swine over hours they were being exempted from some testing that are in state folks were not exempted from so we just level the playing field there. and it provides greater judges second we if you don't mind we had some members asked you clear Mike a little bit closer so we can hear you thank you. It provides greater guidance for the commercial production management plan the rule did just state that the producer needed to file this plan but it didn't tell what should be in the plant and there were always written Rules if you were on what should be in the plan but they weren't actually in the rule would they were just a separate document that we had so we put those That outlined what has to be in that production plan into the rule nothing has changed we're not putting any additional requirements on what has to be in a commercial production plan what we put in our rule is exactly the same thing that they've always had to have in their plan it's just properly placed in the rule now. And also the the law was passed during this past legislative session to allow for the livestock and poultry commission to administer administrative penalties for transportation of feral hogs and so we just place that in the law as a in the rule as required by the law and then it also strikes some language regarding terminal facilities because that language was removed from the law so we no longer have statutory authority for that language in a rule and that's a brief outline of what the this rule amendment does be happy to answer questions we have a question representative Dotson you're recognized thank you Mr chair So the if I'm reading this correctly are you saying that the in state. producers still pay this. Still have to have the but higher standard than in state imports from out was called Douglas is free states that are exempt or can you explain the difference between it or are we making parity between them and not requiring in state providers to have that because it Arkansas as a now of a free state. This reason why we made. Using that's reason why we made the change is that in the rule at if required the out of state have be tested for brucellosis of pseudo rabies X. X. with the but the exception was if I came from a Free State or free status they don't have to have that testing right now all states are free states now so that put them in the state of Arkansas at UNSW for advantage or out of state folks were coming in this state without having to get those testing the we making changes to the in state we just made it equals on both sides so now out of state have to do the same testing that in state does yes Sir rather than going the other way and making Arkansas free like all the rest the states where Arkansas is increase the regulations on the out of state the Arkansas is a Free State but we still have those requirements for change of ownership exhibition any kind of movement of of swine throughout the state. So both out of state and state still have to have those testing for brucellosis and cideries. Okay even though we're a Free State yes Sir. Doesn't sound fair to me but that's thank you to. All right members any other questions on the swine rule Senator Hill you're recognized. We explain why he didn't go the other way. With this rule. Make us equal to the out of state is that is making them equal to us. As far as not requesting the state to have testing yes that is Lou the reason why Arkansas and many other states or free states is because of those testing requirements and the monitoring and the traceability of our swine industry the reason why we're keeping those standards in this so that we will maintain our free status because all we have to have is one outbreak and we could potentially lose our status for the state. You'll have to ask for a follow up to going. Oaktop stop touch instead senator Joe of. Thank you Sir. I'd like a more information on that more than just just what you just told me to that yeah I I totally understand you know what it was our first loss free state but if we are brucellosis free in other states or Bruce's Los history why requiring that on our farmers because of the challenges that are introduced to the industry especially for hogs most of our large industries like the the JBS for example that's our largest company here they have this witch this plan in place that requires them to submit to us. Biosecurity measures and ways to protect those those halls the backyard folks of the the FFA the four H. they don't have that same management plan and they have potential of having exposure to feral hogs doesn't matter how good your finances or how prepared you or if the hall can give his nose through there and have my contact with feral hogs and he's exposed himself potentially to the state in time the hogs being moved. Thank you. Thank you senator Senator Stubblefield you're recognized thank you Mr chairman the same protocol a certain path same protocol plastic cattle livestock. Testing for brucellosis yes Sir so this is the wind and the livestock or exactly the same not exactly the same order where of the difference there as far as cattle there is so CVI requirements in state or out of state the required to get us. Testing as well there is some differences in livestock if they're going to slaughter they don't have to have those testing for being sold in the market it's just that the individual sale between ownership and change of ownership they have to have some kind of requirements for those testing so some of those are difference because those two brucellosis ordered or different in some respect but we are brucellosis free status for livestock I'm just wondering Les between this one what about TB testing or we. Yes we're still required to be tested required under catalytic and state and we still have a volunteer program will work for most losses a calf with vaccination for because. Okay thank you Mr chairman thank you senator senator hill you're recognized thank you Sir now if we ship swine from Arkansas Oklahoma Texas Tennessee Indiana I don't I don't care where we have to do the same date we have had our animals tested when you get to that state are they doing the reverse no there's the same requirements though some may be enforcement greater than others but those requirements are met by you are required by USDA USDA okay thanks for. Thank you senator we have of seat eighty seven I'm not sure. That is. Senator sorry on this I got you you've said several times potential exposure can you explain to me the difference between potential exposure and potential non exposure. Well there's always potential exposure for a minute figure actually so with so when you say there's potential exposure there's got to be at a risk differential. What is the risk differential between potential exposure and not being exposed let's take for example and FFA students or for students of someone counselor so once one if they have a double fence and they have a way to keep the swirl of feral hog from actually making contact with their there's no risk for the potential risk is when there's no snow was contact or any kind of contact with feral hogs for hogs are rampant in this state or in every county holder hogs they're curious and they're gonna come up and I guess I'm asking different questions so when you say everyone has potential risk there's got to be like a one to ten scale that I have a potential risk of ten have a potential risk of one so when you talk about potential risk is our potential risk on the your where does it rank as far as how what our exposure is and that's going to depend on the operation and how prepared they are two eight two exposure to outside elements for your assumption is that your potential risk is much higher than the game. Yes Sir because of some of the facilities that I've seen hose a much higher risk than some other okay can you provide that data. Sure okay thank you thank you Mr. Thank you senator our members any other questions on the swine rule. Maxing number or objection this rule is reviewed and approved we're gonna move along to the feral hog airborne eradication rule. Thank you Mr chairman courses the airborne revocation program permit has been in the law since twenty seventeen when that law was passed it did not give the Department the authority to charge a fee for that permanent and there is quite a bit of administrative work that goes into examining the applications so you amended the law. At this past session to give us the authority to charge a fee and so we put that fee in the rule we also clarified the rule to make it clear that it is the person actually doing the flight and not the land owner who is responsible for choir ring that permit be happy to answer questions. And senator hill you're recognized for a question bail on that fee that you're you're talking about being charged to whoever's doing the flight you know I think that's it either passed on to you all are to the former because that that fee has to be covered somewhere. yes Sir potentially what what what most of those flights in those pilots do is they sale individual seats for those. For the the governor and that Pat we feel like that that will be passed on to the governor and not the land or that's reason why we made that changes to keep the landowners Mike I could not hear what you said a yes the pilot of the owner of the aircraft sales seats for those governors those he's once going to charge those individuals for that that individual event so that cost is gonna be passed on to him rather than the landowner there's no. There would be no interest for the pilot to charge the landowner because he's wanting to have as much access to the landowners as possible so he's not going to charge the landowners so he still has no deterrents so that cost is going to be charged to the a part of the governor so to speak. Okay. The I. see we're going with the fiat I just totally you know with all the problems that we have with feral hogs right now it seems to me like we're we're putting one more hurdle keep people who want to go out and do that are we not being counted correct productive with that we're just trying to make an on the go right right we're just trying to be cute in the county administrative call only paid him two hundred fifty dollars and then do it what the law would still say that we had to put a fee on there we look to other states that's one of the state for charging that fee can be changes can be reduced that's not the issue is if we had to put a fee on that because the law. Thank you. Mr chairman you're recognized for a question thank you morning Joe in the how much is the fee again two hundred fifty dollars what are the only turn fifty dollars annually do you know what the other states Texas for example it's big down there do you know what they're fee around two hundred dollars but that could be per. Event okay and actually the fee that is charged to the person who wants to rent the helicopter is a private industry decision is whatever the market's going to tolerate because I checked into it for take my kids out of Christmas decided I got that kind of money but that fee is negotiated between whoever owns the helicopter and the and the and the person's will to pay the price but they have to get permission from the landowner in order to fly over their land is that not correct that's correct that's the role of the land owner at this point is one to identify these got a problem and to is to give permission for them of flowers part is there anything that would prohibit that landowner from St to that chopper pilot sure you can flowers my land but one piece of the action and let that be of a free market negotiation occurs yes that would be a contract between them in the land or whatever they decide to do okay all right thank you. Thank you senator members any other questions on the feral hog airborne revocation rule. All right seeing none without objection this rule is reviewed and approved thank you John. Thank you are you staying for the next one. Veterinary medical exams I am sorry or not I'll be joined by Charis are from the board. Morning care Tharpe veterinary medical examining board good morning. Thank you Mr chairman again wait hajj from the department of agriculture during this last legislative session laws passed that allow the board to issue a restricted permits to someone a person who has graduated from a veterinary school that has not yes get past the national examination and authorize the board to charge a fee for that so we have established that feet in the rule and then the only other thing is a is a cleanup thing just to correct the reference to the citation about the. Licensing for a military and their spouses and that's all the rule does be happy to answer questions all right members any questions. Our team numbered objections rules reviewed approved thank you thank you. All right members next we have department of commerce Arkansas Economic Development Commission this will be item three a addendum to the Arkansas rule connect coronavirus rule. Good morning to which state your name for the record you can go and begin. Good morning Mr chairman committee agenda has some of the ETC. And what you have before you today is the addendum to the Arkansas rule connect program that enables the program to use the American rescue plan funds and the fund grants under the program is currently subject to an emergency rule emergency rule expires next week of this proposal before you today conforms entirely to what the emergency rule is judge porch address join me as well and runs the program you have any questions but essentially what the addendum does it just re calibrates the bandwidth speeds that are required by federal regulations and puts in the new timelines that are consistent with what the archetype lines are expenditure of funds and with that we'll take any questions you may have Senator sample you're recognized thank you. Of twenty June report I just one question and the question is when I as committee. Why have you on the third bullet point of this of your our. It says were impractical due to juror geographical. Operate for financial constrains upload speed can be between twenty megabytes and hundred the that is that for in case that we get approval to use wireless. And no there there may be some some other issues about it I can't think of any that and language mimics the federal guidance that we have verbatim straight out so it it it's this is came from our treasury right yes Sir okay and you're just you're just. Copying a reverse. Exactly okay that's all the questions I've got thank you thank you Mr thank you senator. Senator English you're recognized thank you so I guess I. Add on to the senator samples why why is it do you think there's a possibility that I is this in response to the letter the governor sent to the. president about the the one hundred. That that requirement for using our funds. I'm I'm unsure about that that language is always been in the interim rule and we've been following that now the final rule is to come out very soon. And that rule may allow for wireless providers so we're waiting to see that if that's the case then we will change our rules to meet those requirements so this would be a kind and then two summation of that this is even in here you not no ma'am that's it the language that's in there is actually a predates the letter that we sent to treasury so long as nothing cares Act money and all that you could use those dollars for that but for the ark Fund you can only use our funds for fiber and for one hundred one hundred is that my understanding that's correct. I guess I'm still confused about why we have the twenty five in their. Why that's what it's there what what we have the twenty five yeah why we have the the could be for wireless if the rule says or the whatever the the federal government says it's only going to be used those funds can only be used for for a hundred a hundred. This is in care that funny I I could understand that windows cares that money I just don't understand why we're why that even is in there if you can only use those funds for one hundred one hundred for fiber that that's been the ruling. Right I believe the the reason that the treasury made that a rule is because there may be circumstances where you're not able to get the upload speed of a hundred a hundred by topographical issues in in the area. But their guidance is pretty clear that they want a fiber or wire line connection when it comes to our was spending it was pretty strong language in. In fact what it says for an under unserved area the unserved area has to be in an area that does not have access to a wire line connection of at least twenty five three and so that's what they're wanting us to do now hopefully when we get the final rule that would change because I see a lot of places in Arkansas where fixed wireless will be beneficial. I thank you. Thank you senator representative Dotson you're recognized. Thank you Mr chair I. eight. This role is just adopting the emergency rules identically is that correct or is there any any changes at all in them. Just one one change because of the passage of time you have to have your project completed by December twenty two the check added another year to December twenty three that's the only okay. So one of the things that had come up with regards the emergency rules I want to make sure that we address this in this permanent rule is there there wasn't any sort of formal challenge procedure in the rule. Is that in there anywhere at all I I mean I I've heard that I'm trying to skim through the real real fast to see whether or not I see it in this new role but I haven't found it. Won't. Not in this particular rule it's not there what we do and I have a expressed it to other people is we look on say. I guess the best way to explain it this way we get a project in there we'll we'll check basic information form FCC data just to see whether or not that area Sir. If we see that the area is Sir binding comment ISP then we may dig a little bit deeper we may look at their website we may look look at their advertisements we may look at other things to see exactly where if that area is actually Sir because we know that that is not accurate and we know that the FCC's working to make it more accurate so that we can rely on it better but if we find data particularly if it's on and advertisement or a website of the incoming this is they don't serve that area then we'll go ahead and say okay that's good we consider that the best information if we don't find any information based on that then what we'll do is we'll go to the applicant's and tell the applicant okay submit us your best data showing that this area is not served and we'll get that data and then we'll send it over to the incumbent and says we will like a response to this information that we received on the applicant on whether or not you service area. So that's what we've been doing I I I guess. Just to to avoid any type of conflict at a formal challenge process if you award of a contract to entity a over into the be And there's any sort a discrepancy there we have no formal challenge process within rule or is it covered under the larger state procurement does this is this under the overall state procurement code in any way where someone can can challenge that or provide more proof for or whatever the case might be for further consideration if they look like Hey I was the one that should have been awarded this contract but for whatever reasons I was disqualified and. I believe that those reasons were invalid I want to produce to issue a challenge to it and dispute those disqualifying factors that would put me in in a position to to fill the contract if I may represent Austin just to clarify Watson from the Committee today it is it is strictly on the are put component to the program this is a companion rule to the base rule that addresses all the procedures in terms of how we issued grants so a challenge process is not documented here because it's not germane to what we're trying to accomplish today which is just conform to the requirements of our funding we have had other members and other conversations expressed some concern I have some questions about the challenge process I think we're talking about what we can do to make sure educating some ISPs out there but there is an opportunity for people to express concern and there is a dialogue that occurs but that challenge process all the administrative processes really aren't the subject to this rule today this is just about the funding stream. I understand that however I guess the question is does does the does this are profundity and the rules for this fall under that broader rule where there is a formal challenge process I mean is that covered somewhere else in the rules that's not part of this particular rule that we're talking about today yeah this is subject to the broader Arkansas rule connect rule so it complements that and it goes with that and there's a challenge process in that broader. There is no formal challenge process in that however in that vein I've heard different conversations about that region you has a challenge process that I'm looking into and I want to try to formalize what they're doing there because I believe is the it's prudent and effective for what we're doing is something that we could add to this rule before we adopted. We we we cannot serve this is This mercy rule would expire next week and so if the mercy rule expires then that means the the program can operate on we've got. Two days between here and Friday when this this is either approved or not we we can promulgate a rule on the administrator centers act in that short period of time and we can't do another mercy rule by statute. When I what I can do is this this rule here is important to pass now we have a projects now that is waiting on this rule that's been previously approved by the A. L. C. but what I will do because I've I've heard you're concerned and offered to concerns of others and I'm stating that I've looked into Virginia and their deal I'm planning on drafting a formal rule and have that promulgated In as an additional rule to what we have so that's something that I am planning on doing could that be done as an emergency if if you get that drafted in time to a that would be a separate role from this it would be a separate rule from this. And I want to make clear wording hundreds of millions of dollars right now with regard to this there needs to be some sort of formal process in place in I do understand that and yes we can make it an emergency rule and then followed up as a permanent rule the same as we've done this here. Getting my information together and we can get something and try to formalize that process I appreciate it thank you Mr. Thank you senator of members any other questions. Senator English you're recognized so. Over here so let me just ask that you just mentioned that that a project couldn't go forward without this emergency rule what is it is part of an emergency rule that would not allow project to go forward it's the date of. With the emergency rule the date to complete the project is twenty twenty two okay it's just the date for moving it forward I just. Thanks. Thank you senator members any other questions on this rule. Sing number that objection this rule is reviewed and approved. Thank you members. next item three B. Military Affairs grant program. I'll stay at the table for for that one the military affairs program was the subject to ACT five twenty take on just one second I got somebody else coming up looks. Ma'am you would introduce yourself for the record going to begin. Mourning number. Thank you. Good morning I'm reading with the Arkansas Economic Development Commission more. So committee members ACT five twenty two of twenty twenty one codified the governor's Military Affairs Committee that was more of an informal organization that advise the governor by secretary Preston on the issuance of military affairs grants on the grant program during the session a bill which ran that codified that so we will have a a good shelf life to it we thanks entering was for for doing that force what this rule does it simply this conforms the existing rule for the grant program to the changes in the statute which really is really non subdivisions changing language from committee to counsel grant terms state what they are existing without having take any questions right thanks for members any questions. Acting on that objection this rule be reviewed and approved. Thank you item three C. Arkansas public roads tax credit program. Yes Sir Mr chairman ACT six twenty eight of twenty twenty one again of the bill at random the session modified the public roads tax credit program to extend the life of the tax credit to ten years it also increased the amount of percentage of income that can be used to be taken a credit against to up to a hundred percent of income that's the the gist of the of the religious conforms to that statute and there are few others non substantive stylistic changes as well. Happy take any questions thank you Sir members any questions on this rule. Seeing them that objection this rule would be reviewed and approved Adam three the spay and neuter pet grant program yes Sir of the espy integrate pet grant program it is actually a legislatively created grant program in the ninety second session that provided funds for us to make grants to rule Arkansas communities to help facilitate help cover the cost of spaying and neutering of pets and those communities we ran that we're on the program for a year we had lots a lukewarm response to that and so we feel like increasing the amount of the awards from three thousand to six thousand may generate more interest a committee that does apply the have to bring fifty percent match that money as well and that match can be in cash or can be in in kind services the donation of veterinary services and things like that so essentially should increase the amount of grant awards have to take any questions thank you Sir members any questions on this rule axing number that objection this rule is reviewed and approved thank you our members that takes us to item for the department of commerce state insurance department this would be for a rule one oh six network adequacy requirements for health benefit plans. Good morning you guys will just state your name for the record will get started yes a good morning Dan honey in compliance counsel of the Arkansas Insurance Department of route one oh six was originally promulgated back in two thousand fifteen of it was a federal requirement that we and monitor and regulate network adequacy of but based on the for Care Act over the over the years this was something we had done in the past we have developed new and better procedures and processes and being able to of take data from companies and upload that to monitor this better and what we with this rule basically does is the industry was concerns that we're making them do things that work specifically outlined in the rule just because it's really procedural so we went ahead and and and amended and updated the rule to make this happen also we have clarified that this rule does apply to dental and vision plans as well. Thank you the members any questions on this rule. Sing number are judging this rule reviewed and approved that takes us to four be the regulation of medication step therapy protocols. Good morning I'm crystal Phelps with Arkansas insurance department. And this role as as as the title states has to do with the regulation of medication step therapy protocols now medication stepped therapy protocol is away for an insurance company to save money it requires a patient to go through a series of steps before that patient is prescribed a more expensive drug when a comparable lessons expensive drugs will do just as well. However there are times when a patient needs the more expensive drug and what these rules do is establish a process for designing stepped therapy medication protocols and also a process for obtaining an exception to those protocols and it also establishes time limits that an insurer will need to respond to when a patient request one of these exceptions. I would like to hear more about the real. No question so far I think that'll do it. I thank you members without objection this will be reviewed approved. Thank you. I foresee coverage for early refills of prescription eyedrops. This is a rule that says is very similar to what you see in a lot of other states. People who take prescription eyedrops often waste those drops its it can be very hard especially if you're an older person to aim the drop and have it actually make it into your eyes so for that reason people often waste a lot of the drops and so what these rules to implement a program that will allow insureds to refill their prescriptions early if they have additional refills left on the prescription. For a thirty day supply if an insurer reaches uses up seventy percent of the eye drops they can go ahead and repeal early even though the thirty days have not passed they can also go ahead and re filled at day twenty two as long as they have extra refills left on their prescription. Thank you members any questions sing no questions without objection this rule reviewed approved item FOR D. insurance been a business transfers. Thank you Mr. Okay it's on now. Thank you my name's generator on the general counsel with the Arkansas Insurance Department this rule is in support of act in eighteen which this body passed last spring the insurance business transfer Act was actually a new new law what this does it creates a process and it's a voluntary process for an insurance company that is that has to be in Arkansas domestic company domiciled here and they are permitted to and if they choose to use this this option selloff a book of business other times insurance companies will have an old legacy book of business that they're not really. adding to or doing anything but just administering and there are companies out there that are interested in taking those and maybe squeezing some efficiencies out cetera and this is one option company can use to to transfer those to a new company what with this transfer the company will apply to the insurance department submitted plans to the Commissioner commissioner will points and an independent expert who will ultimately review the plan make sure looks everything looks good the the primary guiding principle here is to make sure that there is not any material adverse impact on policy holders. The rule in the law also make some concerns for reinsurers and other affected parties but the primary purpose is to make sure before this is a prudent policy holders are not heard hard material adverse way. once the plan is approved by the commissioner then a petition can be filed with the Pulaski County circuit court for approval this kind of creates a new cause of action so to speak for review by circuit court we feel like this will be good for business in Arkansas a company that wants to come here and and pursue this Avenue would need to become a domestic company here and that's always good to get more companies coming Arkansas companies and this is kind of a this was based on an in coil model law and we are right behind Oklahoma and we're trying to catch up and answer pass then they've done a few of these since they actually pass the law couple years ago so this rule is in support of that law that was passed by this body last spring you have to answer any questions all right thank you members any questions. Maxine number that objection this rule reviewed and approved thank you. For E. would be authorization of off label use for drug treatment of pediatric acute onset and autoimmune. psychiatric center that's what I thought was going to be a yes then honey again Since you went ahead and and spell that out we I'll just refer this to pans and pandas and what of pursuant to Act ten fifty four of twenty twenty one of we were required to this basically authorizes or requires insurance companies to pay for off label treatment of let's see let me. I need to. Of I'm sick intravenous immunoglobulin IV IG treatment in this this requires of insurance companies to cover that this is a rule that we have promulgated for enforcement of that rule of that love the law. All right Sir thank you for that members any questions. No questions without objection is reviewed approved thank you. Takes us to item five from department of commerce State Insurance Department state board of embalmers funeral directors cemeteries and burial services. Good morning to you would just a state your name for the record you go to get started. Yes push push but there you go my name is Amanda Gibson I'm associate counsel at the Arkansas insurance department I also served as counsel for the board with me today is Mr Bailey Carl who is a professional member of the board he is also the chairman of the board's rules subcommittee. Rule one and. Provides for a number of amendments add to add to the rule. Some of the a significant changes at. Include clarifying the insurance coverage that is required for the different establishment types and as well as creating a new license type for crematory retort operators this new license type was added to one of the Board statutes a number of years ago and said this rule I will implement that that statute there are I have also been some changes to the apprenticeship requirements and as some of the significant additions to the rule include a Code of ethics and minimum standards of service and professional conduct. And Mr Carl and I would be happy to take any questions our members any questions on this rule. Senator Stubblefield you're recognized yeah up to this point we have a creamy towards haven't had to have a license. Crematory so I have always been required to be licensed what is now required is for the individual who pushes that button to operate the crematory that individual will have to have an individual licensed to operate the crematory retort. What about the reciprocal how does that work between the. To this rule clarifies requirements for reciprocal licenses yes. Can you explain that that's for a embalmers and funeral directors just embalmers and for. Yes. Okay. I thank thank you Mr chairman thank you senator members any other questions on that rule. Nixing number a judge in this rule reviewed and approved go ahead and present item five B.. The board's proposed rule to and implements legislation that was passed this year pertaining to perpetual care cemeteries prior to. The legislation being passed perpetual care cemeteries are not allowed to withdraw any funds from the principle of the trust fund in order to make at any improvements or at or eighty routine you know mowing or other maintenance expenses this. Act allows perpetual care cemeteries to you once every ten years with the approval of the board tap into the principal of the trust fund in order to make capital improvements in infrastructure repairs and this legislation and the role are needed and to help those cemeteries who may be in dire financial condition there are several in the state of Arkansas in the interest that is earned from the trust fund and nearly all cases is woefully insufficient for the cemeteries to provide the at needed routine mowing and other maintenance and with with that we'll take any questions are we have one question so far representative fielding you're recognized thank you Mr chairman is. Is that the rules already in place of them then we fix that going to go on a regular session. That perpetual cemetery Karakum office still after ten years can withdraw money from that answers the phone I thought I was already in place they they've always been able to draw from the interest of of of the trust account but not the principal just across the canal from the program the principal that that is correct that the new law allows at the cemetery to once every ten years to make a request. To the board in order to draw from the principal to make major improvements to the cemetery like more long term projects. So what bill we did on a regular session that affect of those cemeteries then we do something the Bill doubt session to authorize them to that minor abuse that minor. I'm I'm not sure what what it I'm the bill was about I member I members come through so my committed. I think and this was ACT. Three forty three. And the other with it and et allows perpetual care cemeteries to the west the oversight of the board make a withdrawal once every ten years from the principle of the of the trust fund okay all right thank you thank you Mr chairman. Now representative Crawford you're recognized. Thank you Mr chair I actually worked on this bill so just want to get clarification because the name of it says withdrawal from permanent maintenance fund so if I understand that what you just explained is that. Rather than just drawing off the interest they can now draw off the principal more than every ten years is that correct no it's once every ten years even off of the principal they can only pull that money every ten years yes that that's correct previously this statute prevented any withdrawal at all from the principle the principle has not ever been able to be touched prior to act three forty three of twenty twenty one correct so this allows. Principal and interest in those ten years so they could pull from both of those yes that that the cemeteries don't need permission to draw from the interest it's only to draw from the principal okay thank you. Thank you representative members any other questions. Seen on that objection is reviewed and approved. Thank you. There's a Texas down to item D. six department Education Commission for Arkansas public school academic facilities and transportation. The would just record a introduce yourself for the record you can go and get started thank you Lori Fran Arkansas department of education. Tim Kaine director of public school academic facilities and transportation. ACT eighty one of twenty seventeen charge to an advisory committee with assisting the division for public school academic facilities and transportation with conducting a comprehensive review of academic facilities programs including the academic facilities partnership program committee the committee's recommendations were adopted by the commission for Arkansas public school academic facilities and transportation and our corporation into these rules proposed rules amendments that are before you among some of those changes for the development to statewide needs less for academic facilities one for space and growth needs the other four warm safe and dry needs also changes for prioritization and ranking for purposes of funding and also the method for funding which split available funds between districts with warm safe and dry needs and those with space and growth needs. In addition to the rules themselves we also amended appendix H. the rules the Arkansas public school academic facilities manual and that was to make updates to current technical education spaces in school buildings. And we also did appendix B. which is the partnership program project agreement that is entered into between school districts and to the Division one of the things that the amendments brought about was giving school districts more flexibility to start to allow schools to start design planning earlier as you can see we have many public comments and. The as a result of that there are changes made to these to the amount that meant the rules and all the changes were non substantive. And if you have any questions Mr painter I would be happy to answer them. Representive Eubanks you're recognized. You Mr being contacted on this rule and it something about the the basis for findings based on two hundred dollars per square foot is that correct because I don't see anything in here what that is correct the two hundred dollar per square foot cost factor was included that was not changing these rules it was included in the last set of rules that we had as well how long has it been that value. Shaath's sense the rules that were promulgated in December of twenty nineteen. It raised at that point the cost factor was raised from a hundred seventy five dollars to two hundred dollars when was it. Change prior to that or is that the first time it in sediment. As far as I remember I and I've been with the department I guess right years I spent a hundred seventy five dollars for quite some time before that we all know that building costs have. Gone up considerably over the last couple years I just I didn't. The inquiry I got was that they thought that number should be increased I was just wondering what your thoughts might be on the. The representative of we intend to continue to monitor the fluctuations in actual construction costs to help inform the need for any cost factor modifications in the future. We believe at this time it's prudent to keep the advisory committee's recommendation of a two hundred dollar per square foot cat in continue to monitor. Okay thank you Mr. Thank you. Members any other questions on rule six a. A but I did have a request from my co chair to ask you I guess on the record if you would try to take a look at that dollar amount to me with the prices of building materials going up I know that especially in December twenty nineteen that's changed a little bit I I do think there need to be a cap or they're going to potentially be building Taj Mahal that there when it's not necessary but I think his ask was that you make a commitment to revisit that and perhaps that particular section maybe bring it back at a later date as a certainly don't wanna hold you up now I understand time is of the essence on this one so that we send you guys be willing to do yes Mister chairman thank you are members and no other questions objection is reviewed approved thank you thank you. All right item seven department of finance administration Arkansas racing commission. Good morning The would stage names for the record units are my name is Byron Freedom House from the Arkansas racing commission and with me Mr skip able whose cast for Oakland park in John Campbell who is director of the Arkansas racing commission on my left thank you all right. Share we have several rules for a review today rule twelve seventeen is the first one and there are three parts to that twelve seventy one twelve seventeen point five hang on just a second I'm I failed to mention the members were gonna let them present all the rules from seven a all we down to seven J. and then we'll both try to batch so that the end unless someone has an objection to that we can pull one out but that would have to vote on each one individually so if you would go ahead and we'll do all the rules at one time. Row twelve seventeen seventeen one twelve seventeen point five or national association of racing commissioners rules these are national rules and Klein and racy Commission and the horsemen to try to have uniform rules so we adopt the National Association rules and so we're trying to stay current on those so that when you travel from Kentucky to Arkansas or from New York to Arkansas or California Arkansas you have the same medication rules and so real twelve seventeen is adopting the national rules for the most current national rules and the biggest one of the biggest changes and moves quickly and you're all ministration from sixty days before raised a hundred twenty days in the talks as a provision about steroids and and stacking violations for incentives but those are still the standard rules that the commission's recommend the adoption of in their better provide the horsemen and Oakland park. A rule twelve thirty to five is Lasix that allows Oakland to run Lasix free races so client to designated races Lasix free this is on the right to do that rule twenty one sixty nine jockey map fees provided for payment to the fourth place finisher before the rules only provided for payment for first second third entire information it was common among the jockeys to have a contract where they were paid for fourth place anyway so it's not a it's not a big change. A rule twenty four twenty six as the claiming rule and these are generally gone over very closely by the horsemen and Oaklawn park are they and they have agreed all these we have a letter Senate agree to all these changes you don't have to have a previous start under rule twenty twenty four twenty six might have a previous started to do a claim so in order to come in and make a claim that used to yet have a previous started Oaklawn. Twenty four twenty six days claiming last a second claiming waiver the person claiming the horse can put in a performance is the you can't claim that horse for the second time that was designed to give the owners a chance to are some of the money back or state claim. In the rule twenty four thirty. If your horse is trained by the same vote that was a stable that has more than one forces from various owners will have one claim for stable or say can hit one trainer can have multiple claims. Real twenty four forty title to force extra claim to transfers is the start of the race and less the stewards void that claim one of the reasons listed in the rule. The rule twenty four fifty eight is also for claiming in normally horse could run for thirty days in another track after they were claimed in Arkansas they've made that they made a slight change if there were problems with the entering a race in Arkansas. Mr chairman though those are all the the rules we were asking to be changed I have been reviewed by the horsemen and clog and racy Commission and then there were no public comments okay we'll do a question representative Dotson you're recognized thank you Mr chair this is over here right backroom not as much a question is just I want to commend you on getting these rules out and not have an emergency rule this year I I greatly appreciate that thank you thank you. Thank you absent members any other questions on any of the rules from seven eight to seven J.. Axing nine will without objection will consider all these rules reviewed and approved thank you thank you thank you. That takes us to item eight part of health centre for health protection so with the rules for control of sources of ionizing radiation. Everyone of you would just introduce yourself for the record and you can win again. Thank you Mr chair Charles Thompson attorney with the Arkansas department health. I'm Bernie bevel with Arkansas department health radiation control. All right thank you Mr chairman versus what you have before you is the update to the rules for control sources of ionizing ready radiation this is done pursuant to act two sixty eight of twenty about twenty twenty one represent Ladyman ran ran that. And this was also heard in public health last week and and went through unanimously The access to sixty eight updates the updates the laws of as it relates to ionizing radiation sources with what the Nuclear Regulatory Commission would like to see our law say has really been much as been touched on it since nineteen sixty four needed some updates and that's what's what is reflected in law here we did have one public comment from a chiropractor I believe it was and Fort Smith or Texarkana we responded to explain that this did not have anything to do with chiropractic or his use of of radiation technology this practice this is things regarding that emit radioactive this is regarding radioactive materials this would be regarding doctors that use you know radiation for treatment and for cancer treatment things of that nature so this is really just an update for what new nuclear regulatory commission would like to see see our rules and laws say they've already had a preview of it and they like they liked it and have a indicated their approval as well we'd be happy to take any questions our members any questions on this particular rule saying none without objection this review and approved item eight B.. Thank you thank you. I have a B. as rules pertaining Arkansas prescription drug monitoring program. Good morning to you would just introduce yourself for the record you can go ahead and begin thank you Mr chair members of the committee on Mar sue and I'm general counsel for the department of health and I have with me David Turpin and she's administrator for the PDMP program we're here today to present the rules for and the Arkansas prescription drug monitoring program this rule was presented to the board of health and July of this year and approved we had a public comment period and a public hearing on October first we receive no public comments there is no financial impact to the changes in this rule it essentially makes miscellaneous corrections and add definitions and also implements Act sixty two of twenty twenty one and we're available for any questions. Our members any questions. Seeing no questions without objection this rule is reviewed and approved thank you. Our members takes us to item nine State Highway Commission. Good morning Mister Rogers one Sir thank you for having us. Go right ahead. Go Rogers with the Arkansas highway department Arkansas highway commission. You've got the first the rules is the transportation related research and workforce development grant program this was a an update to a previously passed grant program that was established I think in twenty. Nineteen there are interest funds from the highway department's general account that are used to Fund a transportation related research grant and that program is being extended to workforce development of these are grant programs for publicly funded institutions of higher education this rule simply adopts the legislative changes that were made twenty twenty one adding workforce development to the category of programs that can be recipients of the grant funds. Thank you members any questions. Seeing none this rule is reviewed and approved. the next row in front of you is the it's a fee change for the one hundred thousand pound permit before of agricultural products this is a bill that was passed in twenty seventeen we had negotiated the the the rules of time with bill drafter and fees at the time and since that time we have been approached by members of the General Assembly who asked that we reduce the fee after discussing it with them and go shooting within we reduce it as you see in the drafting for. All right members any questions. Seeing none without objection this rule reviewed approved thank you Mr thank you thank you Mister Rogers. Ten Department Human Services Division of Medical Services. Just to have it looks like an early morning good morning going introduce yourself for the record then you can start yes hi my name is Elizabeth and I'm the division director for the Division of Medical Services. In our first on the agenda today is the extension of benefits for Q. crisis units and substance abuse detoxification and telemedicine for specific services several of these pieces of this role or extensions of flexibilities we put in due to the public health emergency the first one allows for extension of benefits for crisis stabilization services that are purchased provided in that crisis stabilization units across the state as well as for a substance abuse detoxification services prior to this there was no extension of benefits this allows for that to go beyond those initial and I believe four days and then I can't remember exactly on the the substance abuse detox but I think it's around six units and then also allows for flexibility for telemedicine services and behavioral health services space. Any questions on this rule. Seen on that object in this rule is reviewed and approved Texas item ten B.. Yes the second role is a state plan amendment around long acting reversible contraceptives also called Clark's does not change anything we're covering in regards to the service category it does however raise the cost to the wholesale acquisition cost we had several comments from physicians that the reimbursement rate was below with their cost wise so we raise that up to help to help address that issue. All right members any questions item ten B. saying number objection this rule is reviewed and approved thank you thank you. That takes us to item eleven department of labor licensing. Division of occupational and professional licensing boards and commissions. Specifically they should be doing with the collection agencies. Good morning going introduce yourself for the record will get started. Thank you Mr chair members my name is Boyd mayor on the director the state for the collection agencies and joined by Denise Oxley general counsel for the department of labor licensing all right if you go to it I have to this board earlier this year and found that we had not promulgated any new rule since nineteen ninety seven. There have been a handful of statutory changes since then that we wanted to get caught up with also does the board stated day operations have evolved since that time and we wanted rules to be consistent both with current statute and with the way we do business. Anything else you wanna add to that but it sure can go more into it we wanted to incorporate language from the transformation Act we we also have a provision that will allow us to accept reciprocal licenses from other states. there were some fees authorized in twenty thirteen and twenty fifteen sessions that have been incorporated into rules or eliminating a late fee not authorized by statute also removing a provision for a written exam that's not required by statute and in practice wasn't being administered anyway one eight Clarify some procedures and just make things eliminate confusing and outdated and redundant language and clean up the format in a way we think flows a little better it's a little more intuitive and will lend itself better to the upcoming code of Arkansas rules project unity I took twenty some odd years to update these I couldn't speak to that my predecessors are retired and were not in touch this is how I found it fair enough all right members any questions on item eleven a. Seeing on that objection is reviewed approved thank you thank you. I'm members item twelve department of the military. Morning view with the all three of you please introduce yourself for the record will get started and input my pretty close yeah I believe representative Evans has a hard time hearing so if you could pull that look closer. Good morning my name is Scott Steiner chief of staff for military. Belinda Harris Ritter state attorney for the department of the military. Mister James Hollifield education services officer Department Good morning a. This rule codifies and changes a couple things in the National Guard tuition waiver systems program what it does is it allows soldiers and airmen to participate and to re programs are online that are in state universities or colleges that was a hole in the law that was fixed after being exposed to the pandemic in the second part allows the National Guard to take a look at soldiers airmen eligibility for the program due to circumstances that are not under control this of the soldier airman in particular special therefore site for some sometimes our technical skill jobs that they do military intelligence cyber warfare and things you should do with that usually or drones the schools are hard to come by and far few in between for their for so we could have an airman that could wait up to a year before they can actually go on active duty to conduct our initial training and during that year time frame they could be in college so with this rule allows us to do is take an assessment based off school bail ability and extend the eligibility to airmen and soldiers for stuff that's out of their control so they can participate and go to college while they're waiting to start their initial entry training. All right thank you very much members any questions on this item. Seeing none without objection this rules reviewed and approved thanks very much for being here. Next at nine thirteen Arkansas secretary of state. More enjoyment you would just introduce yourself for the record and you can get started. Thank you Mr chair Kirk Nauman director of administration legislative affairs secretary of state's office Michael Hary Legal counsel for legislative division for secretary state. Right. Of these rules pertaining to secured voter status they were promulgated pursuant to act nine eighty of two thousand twenty one as sponsored by representative Clowney the rules of the in the very simplest broadest terms just permit victims of domestic abuse and violence from maintaining their address information for voting information as privileged as far as release to the public. I want to point out a couple of things very specifically this is in no way change any of the voting registration or identification requirements and the information for the process that's defined by the rules is very specific in marriage the law and requires that specific court documentation be filed with the county Clerk to request such a retention of address information I'd be happy to answer any questions our president Clinton you have questions. Now members have one question from. Representative representative Crawford. Thank you I just had a. Question I've been hearing a lot of stuff and maybe you can help me. I agree with this in protecting those of domestic violence if Arkansas word to participate and some type of voter audit and they had the campus. To make sure those votes matched with this inhibit that it would not at all of the information from the an initial registration is maintained on file at all times but the county Clerk okay thank you. I remember seeing other questions without objection this review approved thank you Mr thank you. Members now we're on item E. we have some rules recommending an expedited process and procedure for occupational licensure pursuant to act one thirty five of twenty twenty one as you may recall ACT one thirty five allows an occupational licensing entity to submit proposed rules recommending an expedited process for licensure of uniformed service members veterans and their spouses instead of automatic licensure under this act when agencies recommend an expedited process the rules have to be reviewed at least thirty days before a public comment period ends and then reviewed and approved after the public comment period ends this stage is the preliminary review prior to the public comment period and only requires review by the subcommittee. Will someone with the agency please come up and introduce yourself for the record and explain the proposed rules. This would be. Department health Arkansas State Board of physical therapy. Mr McLemore department health. Morning morning and Nancy were then director of the physical therapy board. Or Okay the reason that we are when an expedited licensure instead of automatic is that are statute requires background checks state and federal which can. Of makes the process a little bit longer not much we do however have team for licensure that we can issue the same day that applications received and that is good for ninety days. In the US when I had the good sums it up. Members any questions on this item. You saying im without objection this rule is reviewed thank you thank you Mr. Members that takes us to item II to department of labor licensing division of occupational professional licensing boards and commissions Arkansas state board of public accountancy. Everyone of you would introduce yourself for the record you're going to start after that. Good morning my name is Jimmy Corley director for state were Polk County. And I'm here to up for this rule proposal for military members and spouses in response to act one thirty five twenty twenty one. Are we with a similar exercise back in twenty nineteen so we have existing process for expedited bosses are in temporary licensure however this change would match the language that was updated with one thirty five and also make it possible to those are applying for an initial license not just for holders of a license from another state. Yeah all right members any questions on the side of. Seeing none that objection this review is reviewed thank you. Members the next item on our agenda is a letter from the department of agriculture Arkansas bureau standards regarding its status update in accordance with ACT five seventeen of twenty nineteen you have the letter in your packet. This again item F. and if there is no objection we will review and filed a letter as a status update. All right now moves on to. Item G. this is the finalized on our agenda today this will be the October November monthly written updates pursuant ACT five ninety five of twenty twenty one as you recall these are agencies updates regarding the status of their rulemaking implementing twenty twenty one the legislation. The second to look at that. And if there are any questions. sim NO questions and there is no objection we will file the October and November updates again we moved item H. the next month's agenda so we have no further business before the subcommittee thank you for your work created being here we are adjourned.