Joint Budget Committee

All right members if you go ahead make your weight your seats if you're in the back please make a way to the front we're going to get started here just a minute or so. Okay members chair sees a quorum. A person is the personnel subcommittee report Senate president that today. Senate. Represent what are you going to present the personal report. You are. Was listening Milligan understand what you said yes Sir no personnel committee met yesterday morning and here in big mac a and the the subcommittee Handled and review the items one through three listed in our report and items four and five were referred back to the J. J. B. C. or back in here without without being reviewed and the we'd be happy to I'll be happy to answer any questions that you might have missed your opponents are report. All right thank you senator Senator Hester. You're recognized. Yes so I I believe in personnel we're adding about seven th I think up seven positions the public defenders which there's no doubt there is a need there we added some positions in the Prosecutors well but I'm I'm also seeing that we added already like one point two million dollars in funding for public defender just salary increases. When you add the two it is like unprecedented increases. In in one of these divisions I mean just see beyond significant just want to know if that discussion happened yesterday in personnel or not. Just about how big the increases were for the public defender's. I think that was a question about the public defender at this products are Class I came here and you have my my question was but between earlier this session in their budget for salary increases and now increases in personnel just the sheer magnitude of the percentage increase in personnel funding for public defender did you all discuss thoroughly that it in the committee yesterday. Yes I believe that be correct. Okay can can I ask Jake Jake believed to come forward. Is a. Anyone here from the office of the court. It's really if you could tell right Mister chairman we we have an attempt to answer the question yeah we'll have you would say you know Jake are a lovely come up. Maybe it will help and so Senator Hester if you could repeat your question I think for I will some members of the the the base of this question is not the basis of need there is clearly need the public defender's office clearly needed a lot of areas we've already added one point one or two million dollars in salary increases for public defenders. Now we're increasing another six or seven hundred thousand dollars maybe for positions Jake is this in the RSA that that's been placed in our desk the six or seven hundred thousand dollar increase funding for this would come out of state central services I believe which is not in general revenues so would be in the RSA but funding request can be accommodated but it but it it comes off the top so ultimately it would be it would affect it would affect our bottom line later because it comes off the top yeah it will at some point affect the bottom line is yeah. And I guess I guess that's my question I'm really not speak against this other than I just want membership to know that the the there is no greater winner this session in the public defender's I'm not saying that's a bad thing Mr parish is a great guide has these needs I'm saying that we just I just want to recognize there is no greater winner this session then the public defenders in in funding. Okay that's all thank you I think Senator thank you senator Elliots. I thank you Mr chair I think of Mr Lee if I'm think about this right Mr Parrish But I think Senator Hendren make Hester makes a good point that if you want to call that winners in quotation but I think that's because you've been such a big loser all this time. Of Mr would you would you just tell me what I've gotten that wrong because I want to have some balance before we leave here. A great Paris public defender commission and. I thank you separate with the term big loser center. I think you would understand that in the context. What what Senator Hester is referring to wasn't even in my budget request last year it was because we personnel issue because of the gross disparity in pay and my inability to increase salaries I'm losing people lose people every day. This was an executive director after conversing with OPM. at any request and the governor was kind enough to recognize the issues that we have so that I can address inequities with our employees as a state right now I cannot hire you positions with this money that we're discussing the the the exact right right and. It will not go very it will go a good ways toward addressing the inequities but it will not be agency wide to take care of all are turns us not just the money's not there to do that okay so you need to keep on winning so much winning. All right thank you thank you Mr chair. Senator Hammer you're recognized for a question thank you Mr over here to your left Greg what's your turnover rate. If you sporadic senator I would say probably for fifteen percent but it depends upon where you are in the state as well the problem To the prosecutor's office and I don't blame you I would want to good prosecutors because I cannot come close to what the prosecutors could play for instance all lost a a public defender part time topped out at thirty six thousand few weeks ago started for the prosecutors at fifty five part of. What your average length of retain each of your employed and what your long standing employee time wise my mom her grade attorneys my GS thirteen that I've got eight U. S. fourteens or career my GST as a coming in an entry level we're keeping them probably about three years after the date of loss Law School unless you were able to hire and they're moving on there you're moving to the private sector or they're moving to other public service okay thank you. Thank you represent Springer you're recognized for a question. Good morning thank you Mr chair I would just like to know how many public defenders do you have across the state of Arkansas and can you give me a kind of a breakdown on the average number in each county. Yes ma'am right and and thank you of an average we have a hundred and sixty eight attorney positions. a large number of those we do what we call job share meaning they are part time positions we take the position and break it in half. And of. That is so that we can cover the multitude of courts that we have we have city court we have juvenile court criminal circuit mental commitments the whole let me of course to cover. We have to travel I don't have a public defender in every county in the state because of the geography it's really hard to keep anybody or tracks you talent south of little rock to be honest about it. Follow up missed the chair. Follow up missed a chair. Yes ma'am. What is the average case load for each one of the defendants of. I have public vendors right now carrying active felony cases of three hundred. Of. Active in in where it gets real bad is when you're in the larger districts was for instance I come from South Arkansas with six counties and you're traveling the district and you have cases and every county. you could even carried two hundred twenty five active felony cases but then when you factor in the travel the jail visits the client visits it becomes overwhelming on a full time basis thank you for your service Sir thank you ma'am. I think you have any other questions on the report. Seeing none what's the will of committee we've got a motion to adopt got a second any discussion on the motion any questions all right seeing none all in favor signify by saying aye those opposed motion carries members there's two Bills inside that report that are ready to go I referred to Senate bill one thirty four administrative office of the courts. Which will the committee we've got a motion do pass that got a second all those in favor signify by saying aye those opposed motion carries in the second one is house bill ten eighty one state board of election commissioners. As amended. I was will of committee we've got a motion do pass as amended we've got a second any discussion on the motion. Representative voted. The trouble hearing this morning but I'm I'm moved for adoption of the report if it's correct at this time what you're asking for Mr chairman yes Sir we're going to go okay Sir thank I move for adoption of the report as reported and we we've we've fully reviewed the the the request for the public defenders and the others that we approved it you are the same testimony that we heard and the system works is is we would like for them the personnel that we look at it and the only he's a constitutional offices or were these up a public defender and Election Commission and of the secretary of state's office in in our a review of those we have to depend upon as you do the information that we're providing with that so I moved for adoption with report Mr chairman thank you. Thank you Mr chairman and I think we're good to go we've already had the motion and so what we're we're good to go on that the next bill up is the house bill ten eighty one state board election commissioners that needs motion do pass as amended I've got a motion and I've got a second any discussion on the motion seeing none all in favor signify by saying aye those opposed motion carries. That's going to take is to I don't see. Yeah. Thank you Mr chairman. This is an amendment to the revenue stabilization act you'll see there is a schedule that is for your information that is a schedule that has been out sent out to all the members input on the desk. In behind it is the actual Amendment it's an amendment to Senate bill seven oh two. I thank you members you guys it does anyone have any questions on the amendment. I give you just the. A little bit to look through that. An amendment for seven oh two nineteen forty nine are the same. All right members I don't have any questions what's will of committee I've got a motion to adopt the amendment I've got a second any discussion on the motion seeing none all those in favor signify by saying aye All those opposed motion carries that's on Senate bill seven to do the same thing for house bill nineteen forty nine. First. All right me back up will I will go ahead and entertain a motion on Senate bill seven two seven oh two motion to a motion do pass as amended I've got a motion I've got a second all those in favor signify by saying aye All those opposed motion carries. Now back to the same amendment house bill nineteen forty nine any questions or comments on the amendment. Seeing none got a motion to adopt we got a second all those in favor signify by saying aye All those opposed motion carries. All right members now we're going to bring up house bill nineteen forty nine do pass as amended I've got a motion I've got a second. Any discussion seeing none all those in favor signify by saying aye those opposed motion carries. Right section the. Thank you Mr chairman. Item the one. This is an amendment to Senate bill three seventy five. As you'll see the first page is a schedule of what this amendment does The Amendment is distribution of those one time or surplus funds for the biennial period of two thousand twenty one twenty three. Thank you members this is the same schedule that you had the over the last several days any questions on the amendment which would to adopt the schedule. All right seeing none we've got a motion to adopt we've got a second any discussion on the motion. Seeing none all those in favor signify by saying aye aye those opposed motion carries of members now we need to take back up Senate bill three seventy five as amended I've got a motion do pass as amended I've got a second any discussion on the motion seeing none all those in favor signify by saying aye aye those opposed motion carries. And that brings us to do to. Mr chairman Adam D. two is on page fifteen this is an amendment that the personnel committee referred to the full committee for their consideration it's by Senator Clark. It's for the secretary state house bill eleven eighty seven this adds two new records specials positions and it increases state central services by a hundred and twenty thousand dollars to pay for their salaries this is for management of data entry for the secretary of state compliance and guidelines database. All right thank you senator Clark so this was in the personnel subcommittee But I think you are unable to tense we're gonna hear that today if you there you go all right I'll I'll recognize you to kind of explain the amendment okay we're not secretary St I've come to an agreement and we're not running this amendment okay so we're going to pass over I do too and I miss leave your Mike ott where it D. three and that's the amendment to Senate bill ninety five public defender commission elect Kevin give the summary and then turn it back over you Senator. Thank you Mr chairman that is on page twenty this is an amendment to Senate bill ninety five public defender commission as one public defender position and pays for that for thirty nine thousand dollars out of state operations which states central services and it adds one point five million dollars payable out of state central services to the trial public defender office Senator Clark you're recognized plane the Amendment. The Mr this has to do with the parent council being in the public defender's office could I ask for a. Greg parish and Brian will succumb to the table to better explain this amendment. And if you'll just make your way in and recognized yourself of the committee and you're welcome to explained the Amendment. Greg parish Director of Arkansas public defender commission. Brian Welch director of the parent council commission. Well Mr thank you of during the last biennial the public defender commission as a whole inherited the parent council division from the ministry of Office of the Courts it has nothing to do with the criminal rail on the public defender side is more intimate Brian can explain it better it is more of a civil in nature representation of parents in actions were. There's been a need to take care of children slaughtered is and so this request and Brian can explain it further is costing the state very very little because it's money that's being brought down through DHS. And it's a windfall for bronze and run a windfall for the state of Arkansas as well. Just kind of clarify that so they're federal funds available this comes at a central services the reimbursable funds and so we makes expend this funds out of center services but would seek reimbursement through DHS from the federal government that generally correct. Close for me and thank you for the question how this works is two years ago the the fed's redefined what we could pull down under forty reimbursement for the representation of children and parents in dependency neglect cases we've worked the last two years to get our imho you put in place with the department and we are now at the position where we're able to. Invoice the Department we started qualifying in October of twenty twenty we have one invoice over there already that's been approved we're just waiting for the transfer the funds based on the outcome of this meeting today and then we also are prepared to pull down the second invoice as soon as we get the penetration rate numbers how this works is our budget currently sits in the neighborhood of three point one million every penny that we spend goes towards representation of parents so that all qualifies under the reimbursement guidelines at a rate of fifty percent times another sixty one percent right now which is the penetration rate which comes out to a little bit more than two hundred fifty thousand quarter so what we've asked for is the one point five million to allow us to spend those federal funds once they're sent to us they don't come initially from state Central Services it will come directly through the department from the federal government so what we spend in our initial Appropriation which is the three point one is how we do have at the money that will get back from the feds and we ask for one point five million to give us just a little bit more cushion will pull down a little bit more than by one point one a year on average but we had a head start since we're not using any of the funds for fiscal year twenty one will start using them in fiscal year twenty two should this committee decided purpose. Senator Hickey you're recognized. You. If you don't want a nine. Okay. All right thanks for the explanation Senator Clark anything else you'd like to add. Badly needed a parent council submitted we need to pass thank you all right members you heard of an explanation of the amendment what's will the committee we got a motion to adopt the got a second all those in favor signify by saying aye those opposed motion carries that C.. Yes Senate bill ninety five is now ready so entertain a motion to do pass as amended we've got a motion we got a second any discussion on the motion seeing none all those in favor signify by saying aye those opposed motion carries D. for I understand we're passing over D. four that brings us to the rest of the Bills when try to get out today. Mr chairman after our personals of committee actions in actions and not in the there are two bills but they're both House bills in the House packet. It is house bill eleven oh six that is on page two. On page two eleven oh six this is DFA disbursing officers ready Mr all right thank you any other questions or comments on house bill eleven oh six. Seeing none we've got a motion do pass we've got a second all those in favor signify by saying aye those opposed motion carries. So Mr in the Texas to page. Thanks is house bill eleven eighty seven. Yeah confined Page four. this is secretary of state we did add an amendment on this so would be do pass as amended yes Sir. We didn't do the amendment This is. He passed over. All right members any questions comments on house bill eleven eighty seven. All right seeing none was will the committee we've got a motion motion do pass and got a second all those in favor signify by saying aye those opposed motion carries. All right members looks like we the pretty well wrapped things up at least I hope I just want to thank our staff for the work they've done this year having everybody's been incredible so if we can't get them round of applause and appreciate your work also members. Members again thank you and hopefully we'll see you soon we're Journal.