ALC-Administrative Rules
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- October 2, 2026
right members the the clock on the wall is wrong and I'm sitting there looking at it didn't look
at my watch so we're gonna get started in one minute so get to your seats.
right members we're gonna get the administrative
rules subcommittee called it to order just a reminder for anybody out in the public that wants to speak on a rule there's sign up sheets right there behind the witness table if you'd like to speak on a rule please sign up and be paccific of what rule you want to speak on and then after we get started we'll take up those those sheets and bring them forward so we'll see
if anybody has any comments on any of these rules members you haven't already go ahead and log into your station. and also silence your cellphones if you haven't already done so first item on the agenda is the reports on item B Department oforrections and the postrison transfer there are no new additions these are but these are reports that they have to file do we have any questions about any any of these reports
if not we will file these reports the next item is item C in the Arkansas teacher retirement have anybody or Mr White If both of you will identify yourself and give
a brief description of what you're doing and then we'll see if we have any questions good morning and welcome thank you Mr Chairman Mark White
Speaker 7
4:02
executive director Arkansas teacheracher retirement systemstem n
Speaker 9
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ni f er Kelly general counsel Arkansas teacher retirement systemste.
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you may proceed. thank you Mr Chairman. Mr Chairman I know we have several items would you like me to
take these one by one or just go ahead
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go one by one and then we'll we'll we'll get the questions to the end OK right item number one this is to section 10-207 this
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is implementing act 938 which revised our trustee requirements
to remove the requirement that one of our trustees
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be a minority member. OK? all right go ahead OK then item number 2 this section
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10-302 regarding confidentiality of our member accounts this is just clarifying language about when we require a written confident confidentiality agreement and then item number3 10-329 this implements Act587 which allows certain early childhood employees of child care
facilities to become members of our system if their facility accepts state dollars through the department ofducation. then
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item4 section 10-501 and four and five are the same explanation both of them are
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implementing Act227 which revises gap year service that's where a classroom teacher can purchase service credit if they've missed a quarter or a semester in the school district. then item six section 10-513. This is just correcting the misspelling
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item7 section 10-613 this is implementing two acts Act222 is just clarifying some language around deadlines to make the language consistent with other parts of the statute and then Act363 allows payment of benefits to a special needs trust. and then number 8 this is section 10-616. this is just correcting the tapo in one of the subsection headings and then item number 9 this is section 10-710 this is
implementing act 226 which clarifies when a member can modify their tearop distribution election. and then number 10 this is section 10-71el it's simply correcting a tapo number 11 section 10-804. this is implementing actct224 that reduces the waiting period for
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a spouse to become eligible for survivor benefits from two years to 1 year.
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number 12 section I'll say 1213,14 and 15 all are the same act it's all implementing act 225 which allows all qualifying dependent children to receive child survivor benefits through age 22. and that's those four items and then the last item number 16, section 10-826. this is clarifying that when you have a qualified domestic relations order and that
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is where essentially a divorce court is making an order dividing retirement assets between a
member and their former spouse just clarifies that we do not owe any benefits to that former spouse until there's a court order has been filed with us and approved and with that we'll be happy to answer any questions members do we have any questions do we have anybody from the public that
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signed up we d we have nobody from the public to
sign up we have no questions so without objection these rules will stand reviewed and approved thank
you thank you Mr White. thank you all for coming
Nix will be the department of sentencing commission we have anybody ever to M Lee you'll introduce yourself and give us a brief explanation of what you're
Elaine Lee
Unverified
8:08
doing. Good morning my name is Elaine Lee. I'm the director of the Arkansas Senatecing Commission. We have one rule in front of you today that is 11-102. This
involves our50% and25% offenses and eligibility for release to postre release supervision as you know the 100% and the 85% offenses are statutory. the50% and the 25% are given to the Arkansas Sentencing Commission to determine where they fall. They new offenses are50% by default and so the sentencing commission determines whether or not they should be50 or 25%. I'm happy to answer any questions do we have any questions for Miss Lee? Anybody signed up for the
public? Nobody signed up for the public and seeing no questions so without objection this rule will stand reviewed and approved thank you for coming. Next on the agenda is the department of financedministration Smith if y'all will identify yourselves and then give us a brief of of the
next three items of what you're what you're doing on the on the rules thank you Mr
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Chair Alicia Austin Smith, chief counsel for the revenue division of DFA. KeithlenderdFfa we will take these one at a time as instructed but I will give an overview that essentially what we're doing
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is because of the code of Arkansas rules we are reviewing really old rules that need to just be repealed so that's what we're doing so the first rule we called it the in lieu of tax payments rule 2002-da1. It only covered agreements through 2003 and was actually superseded by by
statute so we're asking that this will be repealed right the second rule is the enterprise zones rule 19891 that will role was replaced by rule 1993-1ev, so we're asking that that will be repealed. and finally we have rule 1993-11. that role was expired upon the promulgation of a jointly promulgated rule by DFfa and AEDC and so that role is no longer necessary as well and should be repealed. We're asking
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that all three be repealed and then we're happy
to answer any questions. Members do we have any questions for M Smith? ing none nobody signed up for the public seeing no questions without objection this this reveal this rule will be reviewed and approved thank you for coming Next up is the uhdF andA the racing commission
we have two rules if y'all identify yourselves and then you can proceed on the two rules one at a time good
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morning. I'mrtie Bjornsson regulatory administrator in DFA. uhmyron Freland, the
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attorney for the Arkansas racing Commission. I'mwalter Ebel, general
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counsel for Oaklawn and I'm just here to answer any help answer any questions John Campbell was also
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list but he's ill so he he couldn't make it today
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Go ahead. we we have uh4 changes to two rules they're they're both in the same section each year Oaklawn has a meeting with a horseman and comes up with rules that they would like to change Mr Ebils here he was involved in that process so these are the rules that Oaklawn and the horsemen came up with it they wanted to change or alter for the coming racing season which starts in December the the the first one is it
it involves LAsixx and that you may not know what Lasixx is it's erro furosemide Lasixx it's a diuretic it's used to to it affects the lungs of a horse and the small capillaries it's used on humans alsoAsixx is a trade name and according to my sources 97% of the horses run on LASsixx or given Lasix and so that's it's a it's a very widely used it's a diuretic anyway
there's a rule and they want to change if a horse has not been given the lasi the Lasixx has to be given4 hours before the race and it's done by LaSIx vets and theASIx vets cannot practice on the track they are local vets who come in and just do that one thing they give Lasik shots in in the mornings before the races but if if a horse for some reason has not been administered Lasixx this the vets is by mistake the Stuarts and the state vet can still approve that horse to run
that's the first change and it's the 23 CAR section357 secondcon change is 2357 CAR for worse is running onASI they run aAsixx free race that that is disregarded for purposes of of taking them off the Lasix rules like there are stakes races or LASIx free generally and most is there are only a few
steaks races each day at Oaklawn ber3 other it's a change to the time period from60 days to 120 days for a horse owner to declare the horse ineligible to be claimed is this we're getting into the claiming rules and that that's consistent with the federal rule that's probably pre preceded it's been used anyway for the last year or so but the 120 days is consistent with the federal rule ber 4 is another claim he
repeals all claiming preferences in the past the owner could would get a claiming preference if he had a horse that who was claimed at a race and there the complaint was that the the larger owners had many preferences so they would have claiming preferences in a lot of races and that's being repealed and those are the four changes we had we had no public comment when we had the meeting and we've not had any since that time and I'm I I don't know if they're here to speak for it OK Anybody got any questions for the racing commission
do we have anybody from the public signed up? We do not right seeing no questions these these rules will stand reviewed and approved we thank y'all for coming in today
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thank you ber 5 we've got Department of Parks and heritage they'll come forward looks like we got two rules
each of you will identify yourselves and whoever's gonna lead off lead off
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after you introduce yourselves laystone general counsel
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Suzie Cowan the industry relations manager for Arkansas tourism.
Marty Ryall
Unverified
15:38
Marty ye director of legislative affairs for shares of tourism. we have two proposed rule changes they both have to do with grants that are administered by our tourism division at Parks areas and tourism the first one is the festival
advertising grant the purpose of this grant is to assist local festivals in the promotion of their eventurrent rules provide a maximum of $2000 with a 2/3 match. This was enacted in 2015. our proposed rule change would increase the amount to5,000 with no match required up to5,000 and up to $10,000 if you have a 2/3 match it also streamlines application process and requires digital submissions the other is the regional tourist association grants these rules were originally enacted in
1969. this proposed rule change modernizes the application by streamlining the process and moving it to a digital process and also removes inefficiencies and duplicative processes do we have any
questions for Parks and andhe have nobody from the public signed up to
speak seeing no questions we will take up these two rules and approve them without objection
thank you for coming in members the next thing on the adams the next 21 of them is the Arkansasrural Medical Practices Anybody here Miss Rebecca if you
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give a brief description of what we're doing
here and this will take a motion in a second and a vote
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be c ca Miller Rice with the bureau. Good morning members. as many of you will recall Act781 and2017 in Act65 and2021 established a systematic review of all agency rules to ensure that they were relevant and necessary for the proper operation of each agency. in accord with those actc governor Sanders divided the agencies into rural review groups and this year we have group3 coming before us in the upcoming months each agency was responsible for going through all of their
current rules they provided us a copy of the rule the justification for the rule and they've made a determination as to whether they want to continue to keep the rule and enforce it or to repeal it. should the agency wish to repeal a rule, this review would allow them to do so without going through the full rule promulgation process. it is important to note that during this review there are no changes or amendments being made to any of these rules. It is strictly whether the agency wants to keep them and continue to enforce them until otherwise amended or
repealed or whether they want to repeal them. and this subcommittee you you have a report before you for each of the agencies on today's agenda those reports divide up the rules that they wish to keep and the wish the ones they wish to repeal if they wish to repeal any, some do not and the subcommittee is charged with considering those rules and may accept or res reject the recommendation of the agency to extend it Miss Platt do you have anything
else you want to add identify yourself first good
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morning my name is Tammy henson Platt. I'm the administrator of the Arkansasrural Medical Practice and Student loan programme and we
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do not wish to repeal our our act all right Any questions seeing none I need a
motion and a second to approve all in favor
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say aye any opposed thank you Miss Platt for coming
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the next is the Arkansas teacheracher retirement Mark's
coming up you will give a brief description of what we're doing Miss Rebe Thank you Mr Chair.
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Mr. White will just present his rule to the subcommittee and whether he wants to keep or repeal it thank
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you Mark White, Arkansas teacher retirement systems we are asking to keep our existing rules and these rules simply govern our members how they earn credit and how they receive benefits any questions for Mr White?
seeing no I need you got a question Representative Rye you're recognized
Representative Johnny Rye
Unverified
20:24
Hold on hold on hold on there you go thank you thank you Mr Chairman. Mark just one small question for you. upp until this point we're an excellent shape within the school retirement for our teachers how are we standing now?irly doing
Speaker 7
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very well our fund is status we just got it
back for this year we're at about 84% funded status which is that's good for a pension system but for us it's particularly good because in the last 10 years we've changed the underlying assumptions twice to make it even more conservative if we're still op er ating under those old assumptions we'd be well past 90% you know Mark overall we thought
Representative Johnny Rye
Unverified
21:01
or above we were in great shape but you say 82 or we're at right now thank you thank you Mr Chairman
any other questions from any members we do need a motion a motion and a
second any discussion all in favor say aye any opposed Mr White thank you for coming in Members the next item on three they have no reports no actions required but we did want to list them but there's nothing changed so there's nothing on the next A through E so that no action is required and the next is item E
this outstanding rulemaker you want to go do a brief description Miss Rebecca
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what we're doing here Thank you Mr Chair. The agencies
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that have outstanding rulemaking resulting from the 2023 legislative session are listed on your agenda and they have provided written updates those agencies are here if members
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have any questions for them kind of review it if you have any questions I'll call
them up if not I'm gonna keep them in their seats
seeing no questions we'll take up items E12 and3 and no action is
required there. Mr. Chair, item F are
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the outstanding well they're not necessarily outstanding at this point. there are rules that are going to be promulgated as results of the
2025 legislative session. Each agency is required to provide a monthly written update to the subcommittee just letting them know where they are in the rules those reports are in your packet. Each is individualized by the agency and they will continue to report until that rulemaking is in
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place. had time to look at your reports do we have any questions on any of
the reports in your packet let me see if I can get you on Representative Stetson
Representative Stetson Painter
Unverified
23:33
I love it thank you Mr chairir. This question for staff do do they also provide the aggencies provide you guys updates for the previous rules that are outstanding too from the 23 session each month as well representative painter those are the ones that are listed on under item
Speaker 57
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E in the agenda. it's just those three agencies that still have outstanding and those are their monthly written updates OK I just want to make sure appreciate it because some of them seem like out there for
Representative Stetson Painter
Unverified
24:03
a very long time and I hate to be in the 27 legislative session we're still working on this
so appreciate it all right any other questions no actions required on this seeing nothing else we will stand adjourned thank you for your time
Agenda
A. Call to Order
B. Reports on Administrative Directives Pursuant to Act 1258 of 2015, for Quarter Ending September 30, 2025
C. Rules Filed Pursuant to Arkansas Code § 10-3-309
D. Evaluation of Rule Review Group 3 Agencies Pursuant to Act 781 of 2017 and Act 65 of 2021
E. Agency Updates on the Status of Outstanding Rulemaking from the 2023 Regular Session Pursuant to Act 595 of 2021
F. Agency Monthly Written Updates Pursuant to Act 595 of 2021 Concerning Rulemaking from the 2025 Regular Session
G. Adjournment
Documents
Speakers
Representative Lane Jean Chair
Unverified
Speaker 7
Speaker 9
Speaker 13
Speaker 16
Elaine Lee
Unverified
Speaker 28
Speaker 31
Speaker 35
Speaker 37
Speaker 39
Speaker 36
Speaker 45
Speaker 48
Speaker 49
Marty Ryall
Unverified
Speaker 54
Speaker 57
Speaker 60
Speaker 62
Speaker 64
Representative Johnny Rye
Unverified
Speaker 69
Speaker 65
Speaker 59
Representative Stetson Painter
Unverified