ALC-Administrative Rules
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- October 5, 2026
all 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
All right members we're going to 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 Pacific 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 uh members you haven't already go ahead and log into your station and also silence your cell
phones if you haven't already done so uh first item on the agenda is the reports on item b department of corrections and the post prison transfer there are no new additions these are but these are reports that they have to file do we have any questions about any of these reports if not we will file these reports the next item is uh item c and the arkansas teacher retirement
uh have anybody here 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.
Speaker 7
3:55
chairman mark white uh executive director arkansas teacher retirement system jennifer kelly
Speaker 9
4:01
general counsel arkansas teacher retirement system you may proceed thank you
Speaker 7
4:04
mr. chairman mr. chairman i know we have several items would you like me to take
these one by one or just go ahead go
Speaker 13
4:15
one by one and then uh we'll we'll we'll get the questions towards the end okay all right item number one uh this is to section 10-207
Speaker 7
4:24
uh this is implementing act 938 which revised our trustee requirements to remove the requirement that one of our trustees be a
Speaker 13
4:33
minority member okay all right go ahead okay then item number two this is section 10-302 regarding confidentiality of our member
Speaker 7
4:40
accounts this is just clarifying language about when we
require a written confidentiality agreement. And then item number three, 10-329. This implements Act 587, 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 of Education. Then item four, section 10-501.
Speaker 13
5:06
And four and five are the same explanation. Both of them
Speaker 7
5:12
are implementing act 227 which revises gap year service that's where a classroom teacher can
purchase service credit if they've missed a quarter or semester uh in the school district then item six uh section
Speaker 13
5:27
10-513 this is just correcting the misspelling item seven section 10-613 this is implementing two acts act 222 is just clarifying some language around deadlines to make language consistent with other parts of the statute and then act three six three allows payment of benefits to a special needs trust and then number eight this
is section 10-616 this is just correcting a topo in one of the subsection headings and then item number nine this is section 10-710 this is implementing act 226 which clarifies when a member can modify their t-drop distribution election and then number 10 this is section 10-712 simply correcting a typo number 11 section 10-804 this is implementing act 224 that reduces the
Speaker 7
6:27
waiting period for a spouse to become eligible for survivor benefits from two years
Speaker 13
6:34
to one year number 12 uh section i'll say 12 13 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
Speaker 7
7:01
order and that is where a 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 have to answer any questions members do we have any questions do we have anybody from the public that signed up
Speaker 16
7:20
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 y'all for coming next be the Department of Sentencing Commission we have anybody there to come miss Lee if you'll introduce yourself and give us a brief explanation of what you're doing
Elaine Lee
Unverified
8:03
Good morning. My name is Elaine Lee. I'm the director of the Arkansas Sentencing Commission. We have one rule in front of you today. That is 11-102. This involves our 50% and 25% offenses and eligibility for release to post-release supervision. As you know, the 100% and the 85% offenses are statutory. The 50% and the 25% are given to the Arkansas Sentencing Commission to determine where they fall they are new offenses are 50 percent by default and so the sentencing
commission determines whether or not they should be 50 or 25 percent 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 Finance administration Smith if y'all will identify yourselves and then give
us a brief of the next three items of what you're trying what you're doing on
Speaker 28
9:16
the rules thank you mr. chair Alicia Austin Smith chief counsel for the Revenue Division of DFA. Keith Lender, DFA. Go ahead. We will take these one at a time as instructed, but I will give an overview that essentially what
Speaker 31
9:30
we're doing 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 2002-1. It only
covered agreements through 2003 and was actually superseded by statute. So we are asking that this rule be repealed. All right. The second rule is the Enterprise Zones Rule 1989-1. That rule was replaced by Rule 1993-11. So we are asking that that rule be repealed. And finally, we have Rule 1993-11 that rule was expired upon the propagation of a jointly promulgated rule by DFA
and AEDC and so that rule is no
Speaker 28
10:16
longer necessary as well and should be repealed. We're asking that all three be repealed and we're happy to answer
any questions. Members, do we have any questions for Ms. Smith? Seeing none nobody signed up for the public Okay, seeing no questions without objection this reveal this rule will be reviewed and approved thank you for coming thank you next up
is the DF&A the racing commission we have two rules y'all identify yourselves and then you can proceed on the two rules one at a time good morning I'm
Speaker 35
11:11
I'm Christy Bjornsson, Regulatory Administrator and DFA. I'm Byron Friglund,
Speaker 37
11:15
the Attorney for the Arkansas Racing Commission.
Speaker 39
11:19
I'm Walter Ebel, General Counsel for Oak Lawn, and I'm just here to help answer any questions.
Speaker 37
11:25
Okay. John Campbell was also a list, but he's ill, so he couldn't make it
Speaker 36
11:35
today. Go ahead. We have four changes to two rules. They're both in the same section. Each year, Oakland has a meeting with the horsemen and comes up with rules that they would like to change. Mr. Ebel is here. He was involved in that process.
So these are the rules that Oakland and the horsemen came up with that they wanted to change or alter for the coming racing season, which starts in December. The first one is it involves Lasix. And you may not know what Lasix is. It's furosemide. Lasix, it's a diuretic. It's used to, it affects the lungs of a horse and the small capillaries. It's used on humans also. Lasix is the trade name.
And according to my sources, 97% of the horses run on Lasix or are given Lasix. And so that's, it's 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 Lasix, Lasix has to be given four hours before the race, and it's done by Lasix vets, and the Lasix vets cannot practice on the track.
They are local vets who come in and just do that one thing. They give Lasix shots in the mornings before the races. But if a horse, for some reason, has not been administered Lasix, the vets, and it's by mistake, the stewards and the state vet can still approve that horse to run. That's the first change, and it's the 23 CAR Section 357. The second change is 23, 357 CAR.
For worse, they're running on Lasix, and they run a Lasix-free race. That is disregarded for purposes of taking them off the Lasix rules. Like, stakes races are Lasix-free generally, And most of this, there are only a few stakes races each day at Oak Line. Number three, it's a change to the time period from 60 days to 120 days for a horse owner to declare the horse ineligible to be claimed. This is where we're getting into the claiming rules.
And that is consistent with the federal rule that's probably preceded and it's been used anyway for the last year or so. But the 120 days is consistent with the federal rule. Number four, there's another claim. He repeals all claiming preferences. In the past, the owner would get a claiming preference if he had a horse who was claimed in a race. And the complaint was that the larger owners had many preferences, so they would have claiming preferences in a lot of races, and that's being repealed.
And those were the four changes. We had no public comment when we had the meeting, and we've not had any since that time. And I don't know if there are any here to speak for it. Okay. Anybody got any
questions for the Racing Commission? Do we have anybody from the public
signed up? We do not. All right. Seeing no questions, these rules will stand reviewed and approved. We thank you all for coming in today. Thank you.
Speaker 45
15:01
Number five, we've got the Department of Parks and Heritage. they'll come forward looks like
we got two rules each of you will identify yourselves and whoever's going to lead off lead off after you introduce yourselves claystone
Speaker 48
15:22
general counsel I'm Susie Cowan the industry
Speaker 49
15:29
relations Manager for Arkansas Tourism. Marty Ryle, Director of Legislative Affairs,
Marty Ryall
Unverified
15:36
Parks, Heritage, Tourism. We have two proposed rule changes. They both have to do with grants that are administered by our Tourism Division at Parks, Heritage 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 event. Current rules provide a maximum of $2,000 with two-thirds match this was enacted in 2015 our proposed rule change would increase the amount to 5 000 with no match required up to 5 000 and up to ten thousand dollars if you have a two-thirds
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 question for parks and
heritage we have nobody from the public signed up 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 items, the next two, one of them is the Arkansas Rule medical practices.
if you'll give a brief
description of what we're doing here, and this will take a
Speaker 57
17:25
motion and a second and a vote. Rebecca Miller-Rice with the Bureau. Good morning, members. As many of you will recall act 781 in 2017 and act 65 in 2021 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 act governor sanders divided the agencies into rule review groups and this year we have group three 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 know 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 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 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 reject the recommendation of the agency to extend its rule or repeal it.
Ms. Platt, do you have anything else you want to add? Identify
Speaker 60
19:03
yourself first. Good morning. My name is Tammy Henson-Platt. I'm the administrator of the Arkansas Rural Medical Practice and Student Loan Program, and
Speaker 62
19:09
we do not wish to repeal our act. Okay. All right. Any questions? Seeing none, I need
a motion and a second to approve. All in favor say
Speaker 45
19:22
aye. Aye. Any opposed? Thank you, Ms. Platt, for coming.
Speaker 64
19:32
The next is the Arkansas Teacher Retirement. Mark's coming up.
You want to give a brief description of what we're doing, Ms. Rebecca? Thank you, Mr. Chair.
Speaker 57
19:44
Mr. White will just present his rule to the subcommittee and whether he wants to keep or repeal it. Thank you,
Speaker 7
19:51
Mr. Mark White, Arkansas Teacher Retirement System. 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 none, I need a—you got a question? Representative Rye, you're recognized.
Representative Johnny Rye
Unverified
20:19
Hold on, hold on, hold on. now you go thank you thank you mr chairman mark just one small question for you up until this point we are in excellent shape within the school retirement for our teachers how are we standing now yes
Speaker 7
20:32
sir financially doing very well our funded 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 were still operating under those old assumptions we'd be well past 90 percent you know mark overall
Representative Johnny Rye
Unverified
20:56
were at 80 or above we were in great shape but you say 82 or we're at 84 right now 84. thank
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 action is required but we did want to list them but there's nothing changed so there's nothing on the next uh a through e so the no action is required and the next is uh item e uh this outstanding rule maker you want
to go do a brief description miss rebecca what
Speaker 65
21:47
we're doing here thank you mr chair the agencies
Speaker 57
21:50
that have outstanding rulemaking resulting from the 2023 legislative session are listed on your agenda and they have provided written updates those agencies are
Speaker 59
21:57
here if members 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 Adams II one two and three and
no action is required there yeah mr.
Speaker 57
22:43
chair item F are 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
Speaker 59
23:06
report until that rulemaking is in place we've had time to look at your
reports we have any questions on any of the reports in your packet let
Representative Stetson Painter
Unverified
23:29
representative Stetson I love it thank you mr. chair just question for staff do
do they also provide the agencies provide you guys updates for the previous rules that are outstanding - from the 23 session each month as well yes represented those are the ones that are listed on
Speaker 57
23:45
under item E in the agenda it's just those three agencies that still have outstanding and those are their monthly written update okay I just want to make sure appreciate it cuz some of them seem like out
Representative Stetson Painter
Unverified
23:57
there for a very long time and I hate to be in the 27 legislative session we're still working on this so any other questions no actions
required on this see nothing else we will stand adjourn thank you for your time Thank you.
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 70
Speaker 65
Speaker 59
Speaker 77
Representative Stetson Painter
Unverified