JBC-Special Language

It members at seven at seven thirty if you want to take your seats will get started. Represent capital you have anything you as a. Our members we do have a quorum call this meeting to order we will start with Adam C. one miss Hamilton. Good morning members on page two in your packet there is an amendment by representative them only for the department of health licensing and regulation boards appropriation this amendment increases a line item for the nursing student loan program for fifty thousand two hundred thousand which is payable from cash funds it also amends the code to reflect the increased amount represented Bentley is here to present. Wherever you want. Representative Bentley you're recognized thank you chairman colleagues in the interim I held a meeting with some stakeholders across the state to try and see what we can do to help with a nursing shortage suited for the nursing board was there we discussed a cap that was placed by this body on her with the scholarship fund I think was in two thousand five so she has a funds there's not increasing general revenue at all ages and ability for her to get out more scholarships and a larger amount to us students in our state so that's pretty much it I appreciate a good vote. Any questions from committee. These are scholarships by the nursing board to students that are going to nursing school also faculty there is increasing their degree two master's whatever so they can be a faculty at our nursing schools. Okay Macatee you Mr yes. Did are the are these funds coming out of the general revenues is given to the lottery. No this is a funded the nursing board hasn't and that she has the funds there's has the funds available is strictly with the nursing board okay. And that is here for you have mor she's here she can answer questions if you have more questions yes I'd like to because we do fund some of nursing Scholarship straight out of the G. or from the of lottery I want to make sure that that's No Way attached because we have a bill that we're doing that so. Going to help direct all that your towards the end of the session. So long as I get that Mr I'm fine. The state state your name for the record you're recognized. C. Tait for director of the board of nursing. Do you understand what I'm saying out of our out of our lottery scholarships as you know that comes lottery proceeds and we put twenty million in general revenue the nursing we we fund some nursing scholarships not out of the lottery proceeds but straight out of that G. your. Is this affect that in any way shape or fashion no all of our committee revenues generated by licensing fees and this is coming out of our revenue. Thank you. Okay any other questions for members. Saying that I have a motion to pass representative Bentley. And a second all those in favor say aye. Opposed say no motion carries Adam seek to. Members were moving to pay seven in your packet this is an amendment by senator Wallace for the department of labor licensing boards and commissions. This amendment relates the grants line item for the board of collection agencies if you look in your packet you'll see their appropriation is on page ten and section twenty six. This amendment does is it adds. The Arkansas northeastern college appropriation line item for the grants and it increases that line item of twenty five thousand a year additionally it changes the code to add the college as a recipient of the grant funds at twenty five thousand a year and this is going to be used exclusively for nursing programs we Senator Hester is going to present personal Wallace Senator Hester you're recognized to present the bill if there's too much questions we'll just wait on Senator Wallace but I've talked to him at length about this but this is a so there's there's several colleges the get grants off the top on this and he just wanted at his college to it and uh. So that's it it's twenty five thousand dollars in there is excess proceeds in that in that. And that borders collections budget happy to answer any questions are there any questions committee. CNN do I have a motion. Motion to pass all in favor say aye I'm not a. Regulations your bill is passed. Adam C. three m's hamlet. Members we are moving to page thirteen in your packet this is amended by Senator Dismang for the Department of Parks heritage and tourism division of heritage appropriation this is a fund transfer language that they would lie from time to time to authorize from the Division of heritage special fund account or transfer to a cell phone with in the Arkansas cultural institutions trust fund this is a new funds my understanding that was created by substantive language and they're going to utilize it's fun to make grants for major capital improvement projects Arkansas cultural institutions Senator Dismang is here to present. Senate is made if you push a button. You are recognized thank you senator great job on explanation of of what it allows disallows transfer as needed if needed or inspired by parks and heritage. Are there any questions for members. Seeing none I have a motion to pass. And the second all those in favor say aye. Opposed say no motion carries Adam C. for. Members removing to Page eighteen. Skews me this is an amendment by Senator Hickey this is for house bill one one oh six department of finance and administration disbursing officer. This amendment does a few things the first is there's an appropriation for the American rescue plan act of twenty twenty one the first appropriations in section thirty seven is for the twenty twenty one fiscal year the second one is for the twenty one twenty two fiscal year and you'll notice that there are several pieces of special language that are added. The special language requires all the funds received to be spent using the appropriations that are listed in the amendment any state entity that receives a has to submit a request for appropriations to the chief fiscal officer there are some reporting requirements and they're it allows the chief is closer to a prop approve or modify the request you know pending approval by any General Assembly member it also outlines any update approval language reflect the extended recess that begins may first of twenty twenty one if there is a oversight for steering committee that's established they have to work and coordinate the required approval process. And there is non separability language used that is added to this amendment it also in section eighty one on page twenty one LC I'm sorry on page twenty you'll see that of the new section is a special language or passage and approval so they'll go into effect immediately upon passage of the bill. Senator Hickey you're recognized yes and that that was a good explanation I'm here to to do any other the only thing that I would point out whenever I do my motion on number seven the act there's two first in there whenever we were talking about paying off debt we inserted unintentionally. Whatever it says or specifics on lines one two three four five and seven this is or specific purpose may first we're just going to take out the first there in the one to two lines down we're just say may be considered so there won't be any confusion on that that would be something we do first. There any questions from committee. Thank you I have what I guess this is just following your ammo making sure that the legislature's gonna have control this money yes Sir that's what it is. Okay up first members we need to accept his verbal member have a motion to pass on the verbal members Senator Hickey and the second all those in favor say aye opposed say no the amendment is passed I've got a motion on C. four as amended got a motion to pass and the second all those in favor say aye All opposed say no motion carries. Adam C. five simple. Okay members we're moving to the next item which is also for. Okay department of finance administration on house bill one one oh six for the disbursing officer this amendment is similar to the previous amendment there is one exception now if you look on page twenty six. Section thirty nine. All of the language is the same with the exception that there's the addition that any member of the General Assembly may submit a request for appropriation from these funds a representative Dotson is a sponsor of the amendment he's here to present represent Dotson you are recognized thank you Mr chairman of the committee Simpson pretty much summed up the the amendments entirety this is identical to senator Hickes with the one exception that on that page twenty six that item for a that one paragraph there basically gives us one additional layer of being able to submit requests members of the General Assembly may may submit those requests in and to Legislative Council or Joint Budget foreign session in order to get the process started if we want to make a request of what those funds would be so. One happy try to answer any questions. Are there any questions from committee. Seeing none I have a motion of. Senator Hickey you're recognized yes Senator Dotson of United spoken on this at of course I like most of your language of course because is identical to mine the. The only the only thing is and and you know that I'm a stickler for separation of powers here and always back to the legislature the only thing is personally I believe that the language that you have and I have this Up until the point where the legislature does it fulfills our responsibility I personally think that that exceeds our responsibility whatever you know whenever we say in what they'll see that we're gonna be bringing those appropriations before ailes the as the legislature itself the way that of course the other language that I have or whatever requires executives to bring it before us. And do it that way but I just think it puts this Puts us too much in in control that way I also think it though creates a massive amount of work for a. You know frail seed address for each each individual member to start bringing those to appropriations on this federal money so anyway again I'll I like most of it thank you Sir I knew you would like most of it thank you Sir only thing I would say is if you recall during the the last year you're so the cares acts during committee was set up to hear these types of request this would basically put it to where the Legislative Council or or subcommittee of the Legislative Council for in the interim and Joint Budget Committee for during session would. Basically act kind of like that cares Act steering committee in that we could hear the requests and then of course the executive branch doesn't have to. Go forward with spending any of the money but it would give us an opportunity to submit those request to a legislative body for consideration and then approval before the full Legislative Council Considers the the full appropriation so that's that's the intent of this section and worked with bill our staff to make sure that this was adopted and As far as a node and you ask multiple attorneys will get different opinions on on things but I don't believe this exceeds our authority order as trades on that separation of powers at least in my opinion in in some of the pinions of some of the attorneys I've talked to so. A representative Payton you're recognized. Thank you Mr. Representative Dotson I've always thought appropriations were suppose Sturch in the legislative branch but my question is in paragraph eight where we just adopted amendments to center Hickey's of the eliminated the word first would you want to drop that same amendment. Yes Okay I think I would have to depend on a member of the committee to make that well so moved if the chair would receive the motion thank you. So we have a motion for the the same exact Amendment Senator Hickey just past. the Amendment I have a motion and a second for that amendment all those in favor say aye. Opposed say no. That a member state Senate senator Bledsoe you're recognized. Yes. All questions answered. All right Jake believe if you have something you'd like to say. Thank you Mr chair Jake plea DFA office of budget we do have concerns with this language because procedurally the way that we envision this working and and right now I want to make clear that we do not have anywhere near the kind of guidance that we need from the federal government on how these funds are going to be made available to us in the process we're gonna go through so although this language and the language that Senator Hickey proposed is is a good place to be right now it's entirely possible that will have to make some changes later on down the road it's a huge amount of money the federal government has a long history of putting some strings on limitations on that and then adding to that as the process continues so we're gonna have to be able to a wall with it with this language in particular. allowing I think the the appropriation request or the the use of funds ultimately request to come along in the process in my mind procedurally makes things more difficult for us if you read the rescue plan act the idea of the plan we're gonna have to come up with some proposal to use findings submit that to the federal government for approval there's certify that use that will come back down here will have to then seek legislative approval for the appropriation to spend those funds my assumption is that in the we'll have some process on the front end to seek legislative approval we of course don't want to send anything up to Washington get their approval bring it back down here and have you all say know one it might gases through all that process the legislature will be very involved under center Hickey's proposal and that there will be a lot of opportunities for legislative input the governor is also not made a final decision part because we don't know what the guidances from the feds. On how a sort of steering committee might be formed whether what we need one and what the membership but that would be my guess is the legislature will have a great deal of input on that process as well. J.. I read some different things but like how much money are we expecting to get that's a great question and the amount of money laid out here I hope would be sufficient when we had started talking about this a few weeks ago few months ago now we had added a really what's a shell bill for the miscellaneous federal grant appropriation and at that time we were trying to figure out what kind of a number to put their it's at this point it's hard to say one of the reasons it's hard to say is. You know under the cares Act we received a lump sum that went to treasury and that was cares Act money then there was money that was made available directly to the agencies through the cares act that was not through the American recovery fund that we use the miscellaneous federal grant appropriation funds so we use the appropriations to track the different programs in this case there may be strings attached programs there may be different types of funding there may be limitations we might get a billion dollars for DHS and a billion dollars for education there might be limitations there where this might not be enough money or we might need to add later on down the road we have that capability if necessary. Thank you. Any questions for members. Scene nine president Dotson Jack closed your bill I thank you Mr chair. Again this this just gives a little bit more legislative oversight if you approve it and so I would certainly appreciate a good vote. Right now I have a motion for committee. I have a motion. I've got a motion and a second all in favor say aye. Opposed say no. Motion fails thank you members. You representatives for. Items Adams C. six. Members were gonna move to Senate bill one oh eight department of health licensing and regulation boards on page thirty two you'll see an amendment by Senator Hammer This amendment does a few things that establishes a three hundred fifty thousand dollar appropriation payable from cash funds for the full independent practice credentialing committee members there was a substantive bill which is now ACT two sixty five that created this committee within the department of health however there are some of fiscal components that were absent from the substantive legislation so this amendment is to add those fiscal components. It is essentially says where the application fees for the certificate and any renewal fees are supposed to go. It also has a process in place to control the deposits into the cash and treasury funds specifies the use of the funds and put this statute exactly how much premium the members of the full independent practice credential committee are eligible to receive. Senator Hammer is here to president Senator Hammer you are recognized thank you Mr and is Mildred had explained this is in response to I think it was ACT three sixty five was number she gave this was a P. R. and bill that representative Dr Lee Johnson and I ran and successfully passed this would set up the ability to receive the fees that we charge which we hundred dollars application fee it be parked in this count not of that will be the funds to use to pay for the of full practice credentialing committee that has which that was created in the substantive legislation and so there's no new money is generated out of those fees that were agreed upon by everybody when we ran the bill and I'll be glad to answer any questions Mr. Senator Hickey you're recognized. Thank no so. Is there anybody that hasn't. Oh Dismang yep sorry. I mean you're recognized as the and it just real quick on this I'm just a little bit curious why would include the fees section in the substance language for the subs from bill and we have any idea what those fees are going to look like I guess to its going to total somewhere around three and fifty thousand yes Sir and actually the fee is in the legislation it's a hundred dollar application fee and we delegated to the committee to determine if there would be re application fee or to come back in two years and to reset that because this is a new program we work with the nursing board to get an estimate of how many might be applying and we set it in at a hundred dollars and that's how we came up with that is mentioned I believe in the in the upper Act itself I can't explain why this piece to get put in there other than it was just oversight on representative Johnson my part that we can put this in there may we acted on little faith at the time and our faith has been rewarded okay thanks. Are there any other questions from committee members. Many one seeing none. I have a motion. I have a motion do pass and a second all those in favor say aye opposed say no. Motion carries great restaurants Senator Hammer I'm sure the seven. Okay. Members on page thirty seven this amendment to the State board of election commissioners it's house bill ten eighty one This amendment does two things there is an appropriation of seven million for county election expenses and then there's a recognized a special language. Basically it says that in the event that the state board determines that account uses to pay expenses for an election the director after receiving a vote of a majority of the state board of election commissioners can contact the chief fiscal officer to make that transfer if they have general revenue turn back ones that were designated to be distributed to the county. Senator Johnson's your president Senator Mark Johnson you are recognized. Thank you Mr chairman of this is a contingency situation where we need this for the state board of election commissioners to carry out an election where there's been a problem in the county then this will will provide the basically the cash flow to do this who would come out of the budget stabilization trust fund and would to ensure there wouldn't be any shortfall been till it was reimbursed so appreciate a good vote. Are there any questions for members. Seeing none I have a motion to pass. I have a motion to pass and the second all those in favor say aye. The post say No. Congratulations German thank you senator Johnston your motion carries for. Is there any other business. Seeing none we are adjourned. Early.