Arkansas Legislative Council (ALC)

Ladies and gentleman let's take our seats were getting ready to start our meeting I believe the that to. Senator Elliot has a point of personal privilege. Thank you madam chair let me get dialed in here. madam chair and and members of a L. C. and and up people of this state I don't know if Mike person as he or not is Mike in the room. Not yet all you come up on his come out of on his behalf madam chair up my Kristin made me aware that there is a retirement that's happening at a ET see that they considered very notable not worthy to recognize today and I agree so this is high Tatian on behalf of patrician non brown and Patricia non brown direct of the minority and women owned business division of the Arkansas economic development commission is retiring after that dedicating forty five years of solid leadership an outstanding public service in state government I wish you could see her she could not be here today they are watching online a past her husband you would not know she's barely a forty five years that a long work forty five years for the state I'm form as she began her career in August nineteen seventy five as a receptionist at the Arkansas industrial development commission she quickly moved up and has held several impact for positions including secretary to the industrial consultants editor of the Arkansas manufacturing directory prospect development manager and trade show marketing manager and whereas Patricia has served in her current role since two thousand seven and has been recognized for her work including receiving the twenty sixteen Maria Haley lifetime achieve leadership award for economic development and the the twenty seventeen first ladies are women in public service award she's helped to foster a more open and inclusive business environment that is led to growth and success of many minority and women owned businesses in Arkansas and whereas the members of the Arkansas Senate wish to join Senator Joyce Elliott and commending I'm is Patricia brown for her exemplary commitment to the state of Arkansas and wishing her well in her future endeavors now therefore pursuant to the motion of senator Joyce Elliott in this state and the Arkansas Senate. Directs the citation to be presented on this twenty eighth day of November twenty twenty two per Tricia non brown I signed out a gem Hendren president pro tem pro tem and Cornwell secretary of the Senate and Senator Joyce Elliott we you please join me and recognition of ms brown service they are watching so let's make it worth their time to be up this time of mourning. All those present this on on to eight DC to make sure Pat gets this and if you have been remarks If they're brief. This very quickly I know your package and about the want to thank they also taking the time to recognize miss Pat her her years of service are significant but most importantly her impact is significance will to the citizens of state Arkansas miss Pat we will miss you at the office you're a sweet spirit we know that you have many many other ways to be certain state the years ahead so thank you very much ma'am thank you and your thank you. All right a. I want to call the meeting to order the chair sees a quorum. A need to motion to adopt the minutes from our October sixteenth meeting have a motion the second all those in favor say aye all those opposed over height we have of the presentation of the October twenty twenty within you report of Mister Wilson is out of town but Kevin Anderson will present Kevin you are recognized. And I believe you are going to introduce someone very new to us. Thank you madam chair Kevin Anderson bureau of legislative research I'd like to introduce a new employee with the bureau Ellie Stan and she's our legislative economist so. We want to welcome you with C. like. All right. Okay so appealing for Richard the October revenue report. Year to date net general revenue collections one is is two hundred and forty two point six million over last year. If you go to the. Third page it's actually page one you'll see that gross receipts sales tax was up over the first four months of this year from the first four months of last year ninety point six million enough where the big increase was was in income taxes two hundred and eight million increase over the last four months of last year. So when talking about the forecast the graph on the second page you'll see we are two hundred and thirty one point eight million. Above what is forecast us to collect for this year October had an increase of seventy three point one million about forecast. Madam chairman have dancing questions. I'm going to call out the number of where you were sitting up because we don't have we've come a change to ram we don't have a seating chart per se so a seat number sixty one you're recognized for a question and that is a a bit of a Senator hammer you're recognized. Thank you madam chair Kevin I'm looking at our page for. And it's under the highway and transportation department. The electric hybrid vehicle registration. The. Increases pretty significant on that do you happen to remember. Based on the fiscal analysis that that is tracking what we thought it would and if you don't know could you get that for me please. Yes this could you tell me which one that was again sure it's electric hybrid vehicle registration fee yeah I'm gonna have to get that for you. Okay and then skipping down to state police. And that I think it's additional driver search fees. That also is jump significantly could you could you get that for me as well sure and those are special revenues just just FYI at the special revenues start on page four of those are not general revenues as your dedicated sponsor says but I will definitely get that for you are thank you thank you Mr. All right any other questions. Seeing none of there is no action needed and. We will excuse he thank you so much. All right senator each you're recognized you there again. Thank you madam chair the. A ministry rule subcommittee met on Monday November sixteenth the committee adopted rules of the executive subcommittee concerning its approval of emergency rule since the last meeting the subcommittee reviewed and filed the quarterly reports that were submitted by the department of corrections and parole board in accordance with ACT twelve fifty eight of two thousand fifteen at the agency's request to rules were pulled from consideration prior to the meeting including the department of health rules for hospice and DHS rules concerning minimum licensing standard for child welfare agencies all other rules reviewed and approved the subcommittee also reviewed agency updates on delinquent rule making under ACT five seventeen of two thousand nineteen and I move adoption of this report alright ladies and gentleman a motion on the floor to adopt to a half moon do I have a second. All right all those in favor say aye all those opposed alright moving on down two of eight it's if a eight performance appear. All right Representative Vaught are you ready to give your report. Well we'll pass on that one and will go on down to ten. I'm sorry. Review Representative Andy Davis. Thank you madam chair. This is not Representative Davis but hello. The review subcommittee met on Monday and reviewed methods of finance alternative delivery construction projects discretionary grants and services contracts one item was held a contract for a ET queue with you see a for additional information it is our understanding now that the agency has decided to pull the contract from legislative review at this time I move adoption of the report excluding the eighty eighty E. Q. contract which is number two on page ten of the report. All right. You've heard the motion. Do I have a second. All those in favor say aye all those opposed motion passes. All right we're going back to peer and Representative vault. Belligerence feet sixty six thank you madam chair sorry about that the peers subcommittee met on Thursday November the nineteenth the subcommittee approved request for various temporary appropriations shared service appropriation transfers rainy day fund transfers restricted reserve fund transfers and cares act appropriations a request it's been made to pull the fifty million transfer of Kerr's appropriation to DF a that would make a payment to the unemployment insurance trust fund this is Adam B. to see and the pair report the subcommittee reviewed several other items and received a monthly reports to request from the department of health to establish positions river were referred to counsel without a recommendation in the peer report those are the MF G. request D. nine to establish eleven positions and D. tend to establish eighteen positions at the proper time I move adoption of the report which includes holding in council Adam be to see that cares request for the unemployment insurance trust fund. All right you've heard the motion. All those in favor say aye. All those opposed all right. Madam. Madam chair yes there are representatives from the department of health here to discuss the two M. F. G. request for positions also all right those representing the department of health if you come to the table please. Alright you're recognized state your name for the record please. Good morning my name is don Adams on the deck deputy director of the Arkansas department of health. Morning my name is Mike some on the chief of the house for a brick response associate director for science department health. Good morning I'm Joe Thompson on the chief financial officer for the department of health alright you're recognized. The steering committee. Thank you madam chair we are requesting a total of twenty nine positions on this first grant skews me see which one the first one. Is say it's a supplemental grant from our if it immunology laboratory capacity grant the appropriations to spend this money I have already been approved in a subsequent meeting and we're this is an amendment to that. MSG request to add these positions to fund with this these funds of these positions consist of epidemiologist laboratory ends other disease specialists to assist us in the response many of these positions are to assist us in the process of allowing our other federally funded staff to go back to their their primary functions that they're funded for we have gotten permission from the federal government to reallocate many positions re direct these efforts to co V. it for example we have thirty five epidemiologist in the department and the majority of those are fully dedicated to coded nineteen response but they're funded with different funds such as injury prevention tobacco so we're not a disease and so that is temporary and so this allows us in large part to have dedicated staff for this effort in the process of requesting these positions we are surrendering to the budget process forty lower classified positions. Of Senate rendering those in requesting a total of twenty nine positions. between these two supplemental grants that are on your agenda. Alright thank you. Thanks in German. See who is in C. forty four. Thank you have a question all right. Ready for your question thank you madam chair Here in the mail S. Metalder Just want to ask you said your surrendering forty positions were those filled positions that you're surrendering for. Are they Full positions are they positions that were federally funded positions because these are supposed to be federally funded right. Yes Sir these were authorized positions that the department of they were vacant authorized positions they were lower graded positions that we are currently using it don't need in this response and these are twenty nine hire car grated positions the that meet the qualifications and needs needs for our response so so these the that wonder surrendering were were not working on things like contact tracing and things like that but these will. Yes Sir these positions will not be working on contact tracing these two supplemental grants do include funds for contact tracing but these positions them sales are not involved in the contact tracing process okay yes Sir thank you hi eight. Six sixty one. Google one. Okay Senator hammer you're recognized. Thank you madam chair. The how long is this federal grant for the fund or you're too far left the is the source of the funds that are going allow these positions to be added how long was it good for. Yes Sir Senator hammer I'm going to refer that to doctor might seem a we had we discussed that yesterday the the information that I have is through July twenty two twenty two on one grant in October of twenty two on another grant but I would like doctor seem a to confirm that. Yes Senator hammer that that is correct for the these grants run through twenty twenty two one ending in July twenty twenty two and the other ending in October twenty twenty two right so all these positions are hundred percent federally funded income twenty two July twenty two. Those funds go away then the positions go away. Yes Sir if if the fund is not extended and yes the the those positions in those functions would go away okay and what is it specifically that they will be doing that the current staff is not capable of doing because there's I mean you got a software analysis you got GIS you've got if you got a of budget manager there it's kind of a wide range of things that you've got in these title positions and I guess the federal grant money allows for those positions to be used in that capacity yes these positions in these functions have been submitted to our to the CDC and they've been approved as far as the functions so we are currently doing a lot of these functions with our existing staff but most of this other staff is funded to do other things outside of cold in response and so they're the they're federal funders are allowing us to read director effort to this temporarily but that's in large part with these funds are for so that that is a temporary Arrangement that we are redirecting their effort to fully to coal bed right now with their permission but again that's just temporary right so the some point they've got to go back to the job that they that their federal funds require them to do our so this can get everybody in the right slider back the right slot and and you're not subject to audit findings as it is now with the allowances that the federal government is giving you to shift those people over these areas temporarily out the redirection that we're doing now is we have permission from all our funders we're reporting to them monthly on our activities so they are aware and we have their their agreement their support to do this our thank you thank you after hi. Seeing no other questions A need a motion to review. All right second all those in favor say aye. All those opposed motion is adopted thank you very much. All right we're going on to number eleven and the I'm going to ask of Mr Tony Robinson from BLR to come up in the. Explain all of the miscellaneous federal grants. Thank you madam chair Tony Robinson with the bureau of legislative research. the two grants you have before you are the same to greet you just voted on personnel normally reviews the classifications that are associated with these two grants peer will review the appropriations in the positions themselves giving the positions and personal reviews the classifications attached to this particular case we just heard the explanation from the department of health the position or the skews me the classifications attached are epidemiologists business administration classifications and IT classifications as well as a medical classifications madam chairman if you have any other questions I'll be happy to help as best camp. Any questions from the committee. Seeing none the motion to a I'm sorry senator Chesterfield you'll you won't have to. All right when a motion put in motion to review all right we have a motion on the floor to review. And second we have a second all those in favor say aye. All those opposed motion passes thank you very much right. All right A going to the second page number twelve the lottery oversight committee senator Elliott you're recognized to give you report. Thank you madam chair and for members at you know we have a new director of the lottery and I would just like Mr Haigler distant able to stand up for just a minute so you can just see who we is if you haven't met him and are you point at me for some reason to take you into okay so I just wanted to say use just wave and if you have any questions you may but you'll know who is you may talk with him but I'm sorry you somebody's requests that you come forward because there is a column and so we're going to treat this like this to Mr ma'am pageant so. So here you are all right thank you very. Welcome. Sorry about all that madam chair the lottery oversight committee met Thursday November nineteenth that yesterday at two thirty PM and the committee heard testimony and review the following items and most of our meetings were out our meeting was about accepting reports number one report was of the office of the Arkansas lottery activities monthly disclosure reports and term contracts the second report was a review of the Arkansas division of higher education higher education's report an invoice for reimbursable administrative expenditures and the last report was an update regarding the Arkansas academic challenge and work challenge scholarship program that are concludes my report madam chair and I move adoption alright ladies and gentleman you've heard the motion second all right all those in favor say aye aye those opposed motion passes thank you very much next we go to item thirteen and of Representative McNair we're calling on you to report. Thank you recognized thank you madam chair. Act two ninety eight of twenty nineteen required the Legislative Council to conduct a study of the process is and functions of the Arkansas department of transportation and required a LC to hire a consultant to assist with the study the AOC rules adopted in my. Of twenty nineteen assigned that study to the highway commission review and a driver subcommittee. In August twenty nineteen god house LLP was hired to provide consulting services to the committee got house perform to review the various functions of art off and reported on its findings to the subcommittee. In June of this year got house presented the subcommittee with thirteen recommendations for improvements in efficiencies of are not. Between June and October the subcommittee met six times to discuss the recommendations and here on our our daughter sponsors to the recommendation. The subcommittee work with our daughter and got house to revise some of the rift recommendations and report in your packet reflect the final recommendations adopted by the subcommittee at October thirteenth meeting including two draft bill. In addition to the recommendation provided by god to house the subcommittee also voted to recommend continued oversight of the department as it works to implement the recommendations of the subcommittee. This oversight is accomplished through providing additional authority to the subcommittee as set forth in a proper proposed amendment to the agency rules which was mailed to all of you last Friday. Madam chair I have two motions at the proper time for. Let's hear your motion. I move adoption of the subcommittee final report all right you have heard a committee you have heard the motion do I have a second. All right all those in favor say aye. All those opposed alright you're second motion. I move adoption of the Perot proposed amendment to a LC rule five thirteen all right for the motion to have a second all right second all those in favor say aye all those opposed most. I'm sorry. All right. All right of represented McNair do you want to explain that or do you want up missed that failure to do it. I would prefer jail to do that all right or belly eight one. You're recognized thank you madam chair Jill fair beer of legislative research the subcommittee approved sending you all a proposed amendment to the rule and five thirteen this is the rule that provides that thirty two the how a commission review an advisory subcommittee it adds the language stating that propose rules of the highway commission related to implementation of any of the recommendations in the study would come to the highway subcommittee not for approval just to be heard and reviewed. Am proposed contracts of the commission and the amount of fifty thousand dollars or more that are entered for the purpose of implementing any of the recommendations would also come to the subcommittee. And the staff highway department would provide monthly reports to the subcommittee regarding status at dates of implementation of the recommendations. All right you have heard the motion and you've heard an explanation of the rule of. Do I have a. To have a second all right all those in favor say aye all those opposed to a motion passes right going on down to number fifteen occupational license review Senator Missy Irvin you're recognized. A thank. All right. Thank you madam chair and the occupational licensing review subcommittee met on Monday November sixteenth we to discuss the draft report of the subcommittee will finalize and submit the report and draft legislation packet to the Legislative Council in December. Am I will move adoption of the report. Right. A second. All right all those in favor say aye all those opposed. For this adopted by going on down a. We are going to hear from the report of the interim a home or special committees number one special segment subcommittee on data sharing Senator Jane English. You're recognized. That data sharing and data trick driven decision making subcommittee met on Friday November the thirteenth two thousand and twenty to hear testimony from the chief data officer received an update regarding the data and transparency panel I move to accept this report all right of the the second all right all those in favor say aye all those opposed motion is adopted. A report is adopted all right then the house interim committee on city county and local affairs Representative Lanny Fite. Thank you madam chair. For the requirements of interim study proposal two thousand nineteen dash one thirty one house the city county local affairs committee was required to me to study on public notice participation and environmental permitting process. The committee met on August eleventh two thousand twenty in September the twenty pull the Mike a little closer please. As as listed in the report nine agencies participated in the discussion and recommendation the study of eyes P. two thousand nineteen dash one thirty one produce several recommendations and concluded there should be an independent study on how to effectively notify the public A public notices and the cost analysis comparison for running a state website close of verses a private petitioner does should be conducted. The conclusion my report madam chair all right a motion to adopt the report. All right second all those in favor say aye. All right all those opposed motion is to adopt the report is accepted all right of. Adam H.. Review of communications and the only one we have ladies and gentleman is exhibit H. one OFC Arkansas economic development commission division of rule services and to so I would. Okay I have a motion to approve I have a second. All those in favor say aye all those opposed motion to approve it said is passes all right up look at all the others from on the page two and three. And going down to page for a to the two K. all of those would like to batch those but if you have questions. Okay well they would cry no action but if you do have a question will entertain a question. All right. Seeing none. Women who who has a question is hard to see okay. Are you in AT our. You're recognized and madam chair I'm not sure if that's including your supplemental item a one. Is is are you including that we can do that after we get with with K. okay then I'll weights to make comments about that at that time thank you. All right seeing no questions. We're going on to all right we're going on to Kelly and this is the division of workforce services. The two thirds. Here. Okay. Is the doctor to there's none here. Number one or she's at a for taxpayers to inquire she's eighty was thinking it would come a little bit later. Honestly she's the expert on employment I am familiar with presentation would you okay would you introduce yourself for the record I'm sorry A Jim Henson the Arkansas part timers. Alright. It would just go on if you think you can. A. Explain all of this yes ma'am I will I will try and if there's a question point I don't understand can answer all make sure I get an answer get all right in my apologies to the committee as well that the we were ready for sea. Alright you're recognized thank you house in just a minute they do have a I believe they have a handout ladies and gentlemen if you look at this in your packet. Alright you're recognized. Thank you and and Dr Childress is on her way over from number two capital also she will be here so shortly. At first amend is given update on this deed of yes is staffing there a lot of questions I think the past couple months about the staffing level and whether or not we have optimum utilization of staffing. Mike is on. By this mass culls take the mask off if that's okay with you that better yes okay. So again up per rail sees resolution several months ago there was a requirement that that we staff the DWS hotline six days a week ten hours per day that we can call volume has declined significant we've been getting feedback I think for members legislature also for from DWS employees that they're not busy enough on the weekends and so one things we want to do is just you know make sure that we're utilizing staff appropriately in people aren't sitting around and doing anything and so we have figured out a way to reduce the number weekends that staffer working will still cover the weekends for the time being but as staff will not have to work every single week and on average it'll be about once per month and if the trend continues we would go to just back to five days a week staffing of that of that we're gonna watch that for the next month and a half or so that given that the six day weeks staffing model is something you mandated for us we want to bring to your attention and then get your approval before you know we implemented something that was taken at less than than six days per week so let's. A quick update on the the staffing for the local offices. In terms of how they work schedule one things I think we heard last time as well was some concern that that folks have been working a Lotta hours they're tired and are we doing things to take care of our staff to give them some time off and so here's you'll see is the a holiday work schedule we were closed on veterans say so I have that day off for thanksgiving DWS offices we closed on thanksgiving day that Friday and that Saturday in a Christmas will be the same schedule as well there was also a question or concern about unused vacation give the number of hours that folks are working we weren't able to have ordinary vacation schedules this year because the pandemic and there is some concern about the the level vacation hours of folks make you lose under the normal operation of the personnel policy I believe TSS is here they're next on the schedule will speak to you I think a solution to that particular issue so I just a quick update on the DBS hotline staffing. In terms of claims in volume and what we're seeing on claims the next slide just gives you an indication as to the level of work the team has done since the pandemic began just as a baseline from March to November in two thousand nineteen just a little under seventy two thousand additional claims being the first time somebody filed a claim for unemployment for you II claims not including P. U. A but just you are claims that number from March November's four hundred sixty four thousand nine hundred and twenty eight so obviously significant number and then P. U. a claims to fifty one ninety seven just remind you P. U. A is kinda gig economy workers so folks who ordinarily do not receive unemployment benefits during the pandemic they are receiving unemployment benefits bring a total two seven hundred sixteen thousand nine hundred fifteen claims from March through November so I was a very significant number in terms of cash disbursements will under forty seven million in two thousand nineteen. And then for you I'd again not including P. U. a year to date twenty twenty for March to November two point five billion dollars that is money that is out the door on his money in the hands of taxpayers here in Arkansas P. U. a disbursements two hundred ninety million four grand total of two point eight billion. That sharing it with you just to just to establish a baseline and understand we we do know you get a lot of feedback from your constituents who are caught up in the process and and they're frustrating there needing money and don't mean to minimize that that pain that frustration at all but we also make sure that the anecdotes are Nicks obscuring the bigger picture of what is actually getting done and so if you look at the number of claims actually getting process the amount of the dollars that are actually going out the door it is a significant amount of money that is already in the hands of taxpayers and so it's does to the DWS team for for doing that. And then the next line gets in some of the identity of fifty fraud claims. And I will yield to doctor shoulders. And all this run the laptop. Thirty two just if you would introduce yourself for the record please. I ran up the hill so let me catch my breath. I'm in. Sure he's children's division of art for services. Please accept my apology at. US senator and members of the committee. So she is she gets our state run over a letter catch I've been sitting for a little while on the front claims slide just to be able to speak to that and and tell you a bit more about that prior to this year fraud was just not an issue ninety we we will it's ten at most for two thousand nineteen so just not a concern because we hadn't you know programs in place that we operated that you know make sure that we you know forty some those fraud claims but if you look at two thousand and twenty the number of you out fraud claims these are claims that we know are fraud how do we know they're fraud it's because an employer contacted us and said this is fraud or an employee contact us and said this is fraud so you look at for you II it's not ten for this year it's you know a little under thirty one thousand. So six six point six percent of the total number of claims submitted are known fraud again emphasize it is known from a P. U. a claims there are no PHP you a claims in two thousand nineteen because it in existence two thousand nineteen but you see the number there is one thousand five hundred twenty not quite as big a number but there is a bigger pile of P. U. a claims that are suspected fraud that will speak to in just a second so you combine both of those is thirty two thousand you out fraud claims other thirty two thousand ten thousand and forty three actually had been if it's paid out. To the fraudulent claimant. And the dollar amount that payment that one ounce twelve point two million twelve point three million dollars. We recovered some amount that about a million dollars has been recovered and that by believe doctor chose to speak to that most of that recovery is the assistance of banks who realize that something is afoot and they notify us of rebel pull that money back out of the a CH. Just some notes on the fraud claims identity theft fraud claims a report about individuals employers we require every single time for a police report to be submitted depending on the jurisdiction that report may get work more simply than other jurisdictions but as you talked to law enforcement around the state they will tell you they have a pile of these police reports we also the federal authorities are working on it as well doctor Childress's and rare contact with the FBI the secret service they they are working on these. There tend to focusing more on the crime rings rather than the let's say retail fraud that may be happening here. It is difficult to recover over payments for fraud and lesser able to pull it back from the bank almost immediately if that individuals fictitious climate we don't know who they are they that Scott and with the money and and that is that is lost money to us. Now we do have some measures we we have begun putting in place deal well give us a grant in September a one point eight million dollars to help combat fraud that's allowing us to staff up it's providing for rob fraud prevention both our P. U. A. P. U. C. area we're also adding staff in the regular you eyes will see see it last board we've increased the staff from nine before any of the before the pandemic two twenty three as of the end of October the plans to bring that to thirty seven by the end of this month and a forty five by the end of the year. Okay for me to right to shop you go are you wanting okay early what will let you do color commentary than P. U. a claims flak for fall from review this is the bucket that I mentioned a little bit earlier initially flagged for fraud review seventy six thousand these again these are the gig economy workers who are filing claims for unemployment insurance seven six initially we've already released seventeen thousand one hundred fifty five of those so there are fifteen thousand fifty eight thousand nine hundred twenty three that are still in this suspected fraud bucket not all of those are fraud. Some of them are legitimate claims we have to acknowledge that but the in the sense is a good number of those are fraud what's holding them up let me just put to the next line talk more about that again this is for identity theft or suspecting the system that's been designed for P. U. A which is a system that was created this year so it's a relatively brand new system it has algorithms that look for indications of fraud obviously we can share in a public forum what those indicators are but they get into this bucket because of the claim has tripped one of those algorithms and the way that a claim it gets resolved is they bring forth and identity of proof of identity that confirms is legitimate claim adjournment person and they can move into further scrutiny of the claim and determine will not benefits are actually warranted the team is getting ready to implement within the next thirty days and automated ID solution for it's call I identity proofing this will be an online tool you will get an email every claim will get an email and it will step them through a process where they'll be able to use their computer or other smartphone and to be a take a picture of the bar code on the back of a driver's license that will be uploaded to the system it'll be validated against a national database and will determine will not this is a legitimate ID that will either confirm indeed these are fraud or will confirm this person should be moving into a payment status. Says on P. U. a claims. Let's discuss the you I'm P. U. a claims that are pending in adjudication. Pending education means this the claim is been submitted it is been validated to some extent that it's not a fraudulent claim and now what we're doing is we're trying to determine is this a claim that warrants the payment of benefits are they are they are they have the the sort of eligibility requirements to be paid benefits under the unemployment or the P. U. a system give me some baseline there for two thousand nineteen between March first not for October thirty first of two thousand nineteen we had about forty six thousand claims that had issues that required adjudication or to be able to be resolved you look at that for twenty twenty it's about triple the number. Now that the thing out point out about claims adjudication is it's very fact intensive very fact intensive of you think about just basic eligibility information to some by submitting an application you're looking at some data points on the screen there may be some math involved but is a fairly quick process to say this is an application that can move into the system adjudications a little bit different you're really examining the circumstances under which somebody part of their employment did they depart for involuntary reasons to no fault of their own well they laid off because of lack of work was or some other issue that that you know made them eligible for unemployment benefits versus someone who voluntarily quit or someone who is terminated for an act of misconduct. As you can imagine in the even normal times there's a lot of dispute between employer and employee about the reasons for termination you add that sore normal characteristic on top of the volume that we have right now that's resulting in a significant number of claims that are in G. in adjudication compared to our historical averages. So again want to just give you specifics and what you see you know be transparent about where things are at in the claims adjudication system. Zero twenty nine days you know that be kind of a normal adjudication period maybe a little bit longer that six thousand claims claims there thirty to sixty days about eight thousand claims sixty one to ninety days about eight thousand claims more than ninety days about three thousand claims getting you to a grand total twenty six thousand claims that are currently in adjudication. Not just a little bit of commentary on just we're wrapped in the in the process and over the past several months the the analogy I've been using as I've had conversations with UBS team and with the commerce team is is a can to a flood on the river. And there's a crest the goals of the flood right. And the crest moves down the river. If your call early on back in may back in June we had conversations with you because there is concern of the phones were getting answers. All the phones were ringing off the hook because people were trying to access the system to begin the application process and that was putting some frustrations because of the adequate nature of the system. Well as time has gone by the crest has moved from that initial application for employment down the river to some eligibility issues in terms of identity we had to put some measures in place to validate I do need to get some of those claims released and now we're getting to the harder claims that claims that require a little bit more scrutiny as to well not benefits should be payable select crest is moved to this stage of the process at this point. And there's another state it's coming as well we'll talk more about that in a second as such the appeals pending stage of a little over seven thousand claim so when a claim gets denied in adjudication the claim it can either walk away from the claim because they agree that it's it's not compensable or they can file an appeal and they're two different appellate jurisdictions that can review that Klein. So some quick notes on the the pending claims again it is primarily questions around separation from employment such as voluntary quitting discharge and then will not somebody left for medical leave or if they're able and available for work. Claim resolution to state is fact intensive that requires supplement supplement information from the claimant and the employer it may require getting a narrative from the employer just explaining why things happen the way they did same thing from the employee and so that process of back and forth requesting information reading information asking questions about the information getting more information it is is a much more low Babel of laborious process then what is the very beginning of the process. Just some steps that were taking also we we have to increase our people resources at this stage okay I get more people working these claims so we're increasing the staff from twenty six to thirty three those positions are currently being advertised the hope is to have them fill by mid December we got him trained and deployed so you know we're talking about more about the end of the year before we have somebody who's their production will able to actually judicata claims. Meanwhile maximus which is doing support force in the P. U. a side I will have them do some support for us on this system as well we wanna be able we can and this is this is an idea that Dr children or team have can we do a little bit of that section and get and so to speak of information can we take that off the deed of yes staff so that you maximus will go out the request the information the bill receive it the upload the system so that people who are G. Decatur is can actually look at it and focus on adjudication maximus third parties that came Judy case came judicata in state employees to do that. So we're hoping that will pay some dividends as well I'm only appeal sign again we need to increase our capacity there in anticipation of the crest of the flood going to that stage next so the appeal tribunal staff is increased already from fourteen to twenty two it will increase further to twenty five by November thirtieth and the forty six by the end of the year. The border review staff which is the next US so that's the Supreme Court appeals tribunal maybe appellate courts spring court our borders review staff is increased already from eight to fifteen or increase that from seventeen was Chris Chris at two seventeen by November thirtieth and to eighteen by December thirty first. And madam chairman that concludes. The presentation but EW es and will receive any questions I'm sure Dr Childress has much more knowledge about this program and I do it but that's the crash course that I got on with that now you've gotten as well all right thank you A ladies and gentleman if you would if you have questions about employee overtime A we would ask that you would wait with those questions until both of agencies or are at the table and then if you have questions about fraud that would be the time for these questions so take your if you take the seat off the Q.. A okay. And so we will start with the seat twenty four and I think that is the senator Chesterfield. Adam cheer the only thing we're dealing with right now as identity theft fraud claims which is for questions of fraud if you have for a. Does that include the from the unit. Yes I am concerned because if we have an eleven million dollar difference in the amount recovered in the amount that was paid out. Are we increasing that number even more so that we can get to the bottom of what is going on. Senator Chesterfield the this is the amount that we've identified this been paid out in fraudulent claims and those are based on the self reported in the employer reported fraud. That we have knowledge of we expect that there is more fraud that has been has not been identified because the only way for us to know if it's a fraudulent claim is if it's self reported or employer reported other than the the internal review status that a lot of the P. U. I. claims are under now and we're continuing to investigate those in the UMass system if an individual goes in and files a claim and they have all the information on you and they submitted as it's as if there they are you filing for for unemployment The letter goes out to the applicant and to the employer well lot of times the applicant puts an address that is not your address they put their address so we'll net will never see that letter but we have to rely on the employers then to report that for a claim that they receive and that person has never been an employee of they're ever. And so we are dependent upon individuals reporting that fraud to us the amount that we were covered is Jim said earlier that's the amount that we received back from in most cases A back from individuals receiving checks that said on never applied for unemployment that I received this check in the mail and they're returning that to us then of course we go in and stop that claim or and that's specifically in P. right because there's no employer involved in P. U. I. so we don't have that extra layer of of protection there or reporting and so the ones that are being reported or the mostly those that are going to banks that are saying that this isn't this is fraudulent we it's suspicious it's there's no account except are wrong routing number and then we for follow up on that investigation and I need for are we talking about the great sheet that we have in front of us madam chair I just one portion of the great she. We're talking about that she okay longer than I can proceed to my questions because I was for those who are no longer able to pay their internet service how do they upload something into the system. Because so many of these people have been paid for the very long time what process do we have in place for them because if I can't pay my internet service I can't upload anything to you. What's plan B. for those people senator Chesterfield we have we have of in an address where they can mail their documents specifically to the P. U. I. system because there isn't as of office for P. U. I. there's not an in person office or they can take those to their local office and I'm happy to report that we're looking at some of our offices not having any lines at this time which is which is a very good sign however it goes back to the point that Jim made earlier where we have in the the the. Flood and and where we are right now is in adjudication which isn't requiring those individuals to come to the office unless it's to show their ID or to present additional information concern because I'm still getting calls and I'm referring them to you. So there is something amiss between what people who need the unemployment. A in what they're able to get from your from your services so help me with that please yes yes ma'am I can add to under Childress said and the fifty eight thousand claims as I said earlier we think a substantial number them a fraud but we also there probably some they're not fraud and and that's the hard thing for those individuals were caught up in this and so completely sympathetic to what you're saying and and what's your constituents are going through what what we're asking you to be asked to do is to figure out are there some quick things that we can put in place to clear out the noise so to speak our other either way to kind of bring that fifty eight thousand down that number down to a more manageable number so that the ones that are the exceptions that probably are valid claims is gonna get looked at a bit more can get can get examined and they can get moved into a payment status as well right now everything is hung up and that's not a satisfactory status and so what can we do to on clog pipeline in either identify the fraud claims that we can say with a degree of certainty they are fraud and we move amount so the ones that remain or we can say these probably are legitimate so what we need to do to help them move through the system so you have a fourteen to fifteen we determination period. That's what you're saying here the increased volume is resulted in a fourteen to fifteen week determination period compared to to the five weeks prior to the pandemic so you're talking about over two weeks of people to get a response and yet you're talking about perhaps cutting back the number of employees that you have helped me understand that rationale. Sure by cutting cutting back where we are adding employees in adjudication center Jessalyn allocation you're adding employees at in every area we're adding employees as quickly as we can well this gentleman said something about the holiday pay and all that stuff so I was trying to figure out where that all feeding in yes ma'am this and so just to clarify I'm I'm I'm sorry if if I wasn't clear on that we have a call center that is receiving telephone calls from people who have questions and so the staffing of that we want to be data driven and look how many phone calls are people getting and and the claimants are not calling on the weekend they're not calling on Saturday so and so you never know that you're open on Saturdays yes ma'am I think we need to know yes ma'am we've had a they know how do you know that they know. Why I know that we've communicating we publicized and so it's it's an information goes out statements that go out any anything coming from the department has the hours and has the phone numbers on it that thing call but we don't want to do is after several months of these employees working very very hard having them work on a Saturday for for no reason but again I don't want you to take that to mean that there's not concerned and there's not a dissatisfaction with the current state we've got to get those claims moved through and I think part of the difficulty is that it's fourteen to fifteen weeks in the G. cation but they've also been waiting before that to to even get to this stage so some folks have been waiting for a long time we recognize that. Right lands this is gonna be my last one madam chair last year Representative Scott scares shared this with this from you director Childress we have a total of two hundred forty nine thousand four hundred eleven applications in P. U. lay keep in mind the DFA estimated approximately a hundred thirty thousand individuals would be eligible based on tax receipts that provides us with a better understanding of the numbers seventy two thousand seven hundred eighty eight applications have been approved thirty eight thousand four hundred twenty three applications of our being review. Is that number down from where you were talking about a hundred and thirty eight thousand two hundred are denied under from review referred to regular are you I invalid. Help me understand do we have this under control. Because I anticipate was this new surge of Colbert nineteen that once again you gonna be overwhelmed are we ready for this next wave or discontinued wave whichever eighties. Yes ma'am center Chesterfield operate my staff this morning on a lot of the restaurants that are reducing their their size to twenty five percent so we do expect that we also know that during the holidays and numerous companies of furlough their employees for a week of thanksgiving or week of Christmas and also shut down their facility in order to do some of the manufacturing of sites do this in order to do inspection and cleaning of their facilities so our offices are prepared for that I will say that P. U. eighty ends on December thirty first so we're also looking at the the staffing and what we will do at that point in time and what will be needed in order to continue to investigate these claims that are still in review as you referred to. I will say that that you offer on estimates in the US range from about forty to seventy percent of fraud yes for P. U. I.. And so so while we're experiencing this it doesn't make it any easier but other states are experiencing this as well sorry that I write anything I look by the end of this year. Well according to the the law that was passed to you eight ends December thirty first so we will continue to provide assistance to those that are still in the pipeline and we will work through those claims are they also had an till December thirty first provide their tax returns from twenty nineteen and so we will continue to be doing of determination on those and REDETERMINATION on those that are that had not submitted that and are receiving the minimum amount of one thirty two per week as established in the law. And we have not considered raising that amount are we still doing the three hundred dollars. No longer doing that so people are down to one thirty two and P. you add the minimum amount is one thirty two and the maximum is four fifty one and that was that is calculated by a formula based on our weekly benefit amount in Arkansas thank you. To a ladies and gentlemen if you have questions about this part A I'm going to start down the list but if you have questions about. A the the part that we talked about which secretary and the fifth for will explain then I would ask that you would want so the next one that has questions on the fraud issue is the Senator hammer you're recognized. Thank you ma'am chair on the sly G. number five slide the difference between the fraudulent benefits paid out the amount recovered does the difference of that come out of the unemployment trust fund. As senator hammer some of those benefits were paid out of the unemployment trust fund and some were paid out of P. Eubanks are the ones that were regular you our paid out of the trust fund yes Sir. So we if if you are successful in recouping some of that money which nobody really probably knows for sure what you can or not some of that would go back into the trust fund right. Yes Sir okay and then on the next slide on the P. U. a claim still flag for fraud review number seven you may sentiment go that fifty eight thousand nine twenty three your best guess testament with the manpower you have now the manpower your and in you have any idea how long it'll take to resolve work through those cases. A no Sir I don't have an estimate of on the amount I did not bring my spread sheet that shows me the amount that they're working three daily I did have that out of the. A as of yesterday but I did not bring that with me so I will be glad to send that to you if I may sure I'd love to cause that seems to be where I'm getting the highest number calls are people whose P. U. a claims still not been paid and they've been you know flag is fraud and I understand you got the good mixed in with bad and sort in the two is difficult task but that's one get the Gration recalls from side like to know what you would project takes to work through that number claims just shrug give will hope people that the. Yes Sir I think that that question is is the question ran and got a good record children I had a long conversation about this yesterday we're trying to determine what the current capacity is for clearing these things out and to identify where can we make some incremental improvement looking we used to do a little bit better to get more out the system and and that is an area of focus for us. We do think that the P. U. a group is a little bit more stable in terms of numbers being added to it compared to the regular you II lot more numbers kind of coming **** I would think on the radio that we have for P. U. A but if we can identify one or two measures that can clear a significant number of claims I think that will help us a lot and that's one of things that we're looking at right now do you know what other states are doing to how we compare to other states with regards to how faster moving through and I know you all doing all you can I appreciate I'm just. You know how long would take you look at other states and have they xcelerated their abilities and what do you need from us to give you that capability to accelerate looking at those. Thank you senator hammer on our weekly calls with all of our other states state directors and you are departments what we're hearing is exactly the same thing I mean it's just it's it's a repeat of exactly what we're experiencing a dire implementing all of the tools that we have implemented well most of the states have they're looking for ways to to to determine fraud just like we are and to keep from paying those those fraudulent claims so as far as the staffing issues hearing the exact same thing they're using as many outside resources that they can to today's of fraud review just like we are so I wish and that there was a a silver bullet of that we've not found it and no other states have either if believe me if there was one it would be shared with all the states so that we could make it. this process faster but we are going to keep asking the question how can we get better all right will keep asking that question yes Sir all right if you could just similar center last questions this address is so I've got lots of people in the key make it appear short one please Jr thanks up of a short Louisiana is having a new type fraud that's hitting them what are you doing to make sure that the new types of fraud that are coming up the line we've got a good firewall built so that we are adding to it thank you. Thank you thank you all right next is see senator Ingram you're recognized for a question. Thank you madam chair and you can be brief you don't have to go along with this but what you're telling us this is not individual fraud this is an organized fraud that is going on in multiple states regarding this is both it but but is is the bass bass majority of it though an organized effort verses individual we have no way of knowing that as at all at the state level what we're reporting and that is that it could be anything as a this simple was one individual that is that has applied in someone else's name and using someone else using someone else's address or it could be as large as a as a fraud ring that we have we're we're saying. Five the fraud ring you the the FBI and the secret service are investigating those in yes they have found of several of the third working three to and then they notify the state so that we can be aware of that as well okay thank you. All right see thirty nine who's in that city we. Vivian flowers a Representative flowers you're recognized for a question thank you madam chair just a couple of quick questions. Just so I can be clear will those who are currently being held. Tending the fraud investigation as well as the adjudication process. If they got their applications in an uploaded that documentation before December thirty first. Will they still be considered to receive those dollars to them if they you know once adjudicated or once they've been taken out from under the fraud investigation if they're proven to be legitimate. A yes ma'am we will work the all of those claims to we get through every single one of them and if they applied before December thirty first we have their information we will continue to to look at all of their documentation and yes they will get paid so they'll go they'll have back weeks that they go back and and will be paid for those weeks you why and P. U. way yes ma'am okay thank you and then just secondly I've come into contact with people who have had issues. Continuing to work in one of them you and I have talked about and I know that's on going I received another when this week where a woman who she and her husband had separated and she has three children including one infant was working at a hospital and could not really was afraid to perform you know get into being in a room and cleaning rooms of Of a co that positive people and Herc and coupled with the fact that her you know back in March our kids were home so she's either you know. The. Right bottom line is she she had to be home with their kids so I haven't had is that child care issue. An issue that's being considered or if you left your job for whatever reason you're an eligible. So those are examples of claims that have issues okay and so with that claim just the one just going through just some of the issues there's able and available that's an issue as far as separation issue from the employer the employer will make a statement as to what what occurred and what options they provided to that individual to accommodate them so that's where it gets in adjudication okay and so one claim may have four five issues and then they have to investigate every single one of those issues much like the ones you just mentioned there are I have of notified some of the claimant says to their to the the available families first. Leave and that's what employer should be using if they qualify and then also working with their employees so that those employees can return back to work is that Sir that's what we we would hope for all of these individuals so yes were identifying every single one of those issues the child care issue I was something that we address back in April and may when schools closed. March April and may and so we're looking at that again as schools are closing there will be accommodations for and and consideration for those that were there schools have closed and there is no child care available in that area so we were using the DHS information is provided as to child care providers and then we watch which schools are closing. Okay thank you. Senator bond you're recognized for a question and just quickly backing on center Chesterfield center hammer's question do we have a goal to clear the fifty eight thousand to you a claims and all these appeals. And we trying to clear by Christmas Regis hoping for the best it seems to me and and and my business will we have a deadline I know that may not be possible in the house and buys working there but all I get it but. It would be helpful if we could tell our constituents look they're trying to clear a mall by this date instead of you know maybe Easter in a I mean can you give us something or has the department said a. All to clear the count planes. It's almost impossible to determine then where we will be and when we will get there just because of as the non if as we look at the numbers which Jim and I have looked at those a lot this week those that we clear we get that many more back in the back in the hopper and so and also the issues are increasing so we're at the point now where we have claims that are that have a significant issues and those take a lot longer to work three out we know that during the recession we were working appeals for two years after the recession so while we hope we don't have those numbers and adjudication obviously we know that they will have to go through most of these half of these energy to cast you will most likely go to appeals so just based on the numbers that were saying now Iraq at that sent bond that's exact right question I think to ask but rather than you know say we want to clear fifty eight thousand within the next thirty days without really having a plan to do that I think the first step that we need to be really understanding is what's the capacity to clear claims every single week and then what can we do to increase that capacity every single week and then once we can figure that out I think we can run out some numbers and figure out how long it's gonna take to clear out the pile it's it's those questions and I think you know from. Dr chills mainly speaking for a little bit here and and her team they have been so dated day and is dealing with a mountain of these claims that they probably haven't had as much time to think about process improvement and from a from a commerce department standpoint this is one of the benefits of transformation there are teammates I work for you have yes I work for a DC but this affects the companies in Arkansas and so we're gonna help them figure this out what can we do to improve the process it's important. Right out of date this final day I don't think. Two years you know is not acceptable in my mind and and Easter is an acceptable and so if you need more resources that's the only way we can help you is for you to come and tell us and and if I had fifty thousand litigation files I need more lawyers you know in my office so many got it you got to come to us I think it's kind of like a claim that is not being paid that that should be paid it is very important I know fraud very important also but when you're not paying something someone who is entitled to that that's a significant failure of government and I think it's a may be largely related to manpower whatever we need to know that so we can help or for they do I'll be gone soon thanks thanks Sir. All right the heavy finished of senator bond okay. All right of. Representative garner you're recognized for a question. Sorry garner. Got it a quick question forever here would you remind us about what constituency to do if they're P. way and their their contractor is out of state. I've got a couple of folks that have said that they thought they were eligible for P. way and then when they because there Because the corporation make corporation is out of state they have to go back now to unemployment is that is that correct I'm just trying to get that what what what do I need to tell them. They would need to apply for P. U. a in the state in which there where they're Floyer is located so they're not eligible for anything and Arkansas. I don't believe so I want someone to to clarify that that has more knowledge and I'm not sure if. Yes that that we have that person here today but I will send a response to the Representative garner okay not not of. Limited knowledge of of out of state is that they would go and apply and then that employer I would send that information to Arkansas if they worked out of state of in and they're currently working in state because we would need that employers wages and that's for you are but our ploys wages out of state during that base period and the amount of the purity which were calculating the weekly benefit but for P. U. I. and I think they would have to apply for P. U. I. in that state okay I will confirm that and Senate information great thank you very much just let me know who he to have her call that would be great thank you all right thank you ladies and gentleman we are now going to our next item that children send Mr had sent if you just want to stay in the in a secretary fixture if you would come to present update on compensation options for workforce services employees. Ladies and gentleman A after the presentation if you have questions on this part. You can start. Get your name on the key. You might need we might need another chair down with the front. Ninety two deuce. I think we need you. So you might want to come back in Mister Hudson I guess we'll just call you up if. All right okay here's another chair. Mon pull it on the other side maybe. All right if you would. introduce yourself for the. Hi I'm Amy Fisher secretary of transformation shared services. And purpose with transformation shared services. K. Barnhill office of personnel management transformation insurance service alright you're recognized thank you madam chair and members we wanted to look at the issue of employees that were critical and necessary for government functions during the pandemic and they were an able to utilize their leave hours so we look at it globally not just at the department works for services Senate It mostly impacted the frontline service employees which is work for services corrections Human Services and public safety. As you know state law prohibits us from carrying over two hundred and forty hours of leave at the end of a calendar year so were an able to carry over annual leave. However we worked with the governor and we are establishing a Covin Kerry for carry forward leave category. For this year only. And anyone that has over two hundred and forty hours of leave at the end of this year they will be moved into that new category and they will be able to use those during twenty twenty one. We've excluded all senior executive positions from that ability impacts five thousand two hundred and ninety one employees right now that number is always changing. And with that we'll take any questions. Right to hurt chairman Wardlaw you're recognized thank you madam chair Thank you my questions more for Mister Hudson but leads into you guys I just wanna make sure we have a lot of these folks in these frontline offices would deed of yes that accumulate all these hours on Saturday and not able to take any time off for the last eight months and I just wanna make sure that this hour deadline you guys of said covers all those people and they're able to have that time off. Is that what you are told Mr chairman is is to do that now I'm looking at the director shoulders as well make sure don't overstepped her division but we're trying to solve that exact problem with this with this provision here so looking at our children confirming that the staff needed yes will be take advantage of this correct I send that the individuals all of the individuals with two forty were were looked at by TSS and OPM as to as to by their status and what leave they will earn three the end of the year because some of these are continuing to earn leave I haven't looked at the list of those that have of art were not included in the in the In the allow ability of the US meaning senior staff at several of that will definitely work with TI SS and OPM and looking at that list in determining A who is and who isn't Mr argument I will look at the list and and see what the coverages and if it's not covering the extent you one five concerned all I'll get with you let you know that hi I just wanna make sure that we take care of these folks have taken care of us and gave it up their Saturdays and give up their vacation time to make sure that our people got signed up on unemployment and corrections I know we've had a lot of trouble in corrections then public safety so twenty ensure that to forty line is the right line to make sure we're not exclude any of these people that we need to take care of in the next year. I represent Wardlaw what we did is we compared what happened at the lands end of last calendar year and what happened this year in the last calendar year there's two thousand four and three people that fallen that gave up leave and some of them were just people like me that have RK that earn too much leave probably but also what we really concentrated on this is that frontline worker in in particular you know we saw an an an increase of I think in two thousand calendar two thousand nineteen it was twenty four hundred this year is five thousand two or ninety one employees with an average leave carry forward would be about sixty seven hours and so what what we did is we took a snapshot in time back in on a new October and then what we did is we projected out of they didn't take any leave between now and the end of the year and that was what created that a sixty seven average carry forward. Use use part me at sixty seven hours and we're putting a line at two forty that's that's what bothers me is that large gap it may be if sixty sevens are average maybe one hundred is better I just wanna make sure we don't these clues the excluding these folks that have worked all this time let let me clarify two hundred forty is is what the law says that you that we cut off at two forty. So what we did is we said okay it we took all the employees with their current leave was leave balance then we estimated how much do you accrue someone like me that's been around a long time I crew fifteen hours a week a month as if I didn't take any lease and so what and so as as we look at what the impact of this would be then we after I just did and quick average what does that look like for the average employee that's about sixty seven hours but we would they would anybody over to forty all over we would they would carry forward so they had a hundred eighty hours they would carry that for. sixty seven over to forty I'm sorry that's probably what he to clarify. Okay thank you. All right senator hammer you're recognized for a question the committee chair away here to left the If they are working overtime they're getting paid their overtime pay is that right. Senator hammer nine exempt employees who've been working overtime have received compensation for those hours or so the proposed plan is to just deal with the mist vacation time that they've not been able to take correct yes Sir that is a proposal we're making today okay and of the ones that you've identified how many of them already had the accumulated total that they could carry forward because they weren't able to take vacation time before the pandemic or is there a way to separators are need separated. Senator is is similar to what the issues of always been you've got the department of corrections and have staffing concerns so so that would be one of the you look at look at at her store Klay it hasn't been at work for services that that their numbers were not because of just the uniqueness of this current situation and so really is on a case by case basis on the particular department and it's going to be those twenty four seven facility sometimes that you see this cut up and need to occur. Okay because I guess one driving it is it they already were not able to take their vacation time and I know off line we're working on something coming up down the line but if they were already accumulating a large bank a vacation hours and now we're adding to that at some point there's only so many hours that they can take so will they be bought out at the end of their working career. I think we're gonna have to do is revisit this on an ongoing basis is what we kind of made a commitment for the city in an as things maybe start settling down after maybe the first or second quarter of next year hopefully these people will be able to take their leave but that that it is it hasn't occurred then we'll revisit but at that particular time thank you. Senator Elliott you're recognized for a question. Thank you madam chair this is kind of a follow on to senator hammers question but I'm concerned about folks who for whatever reason of you know cannot take the time of the job might demand and that not take the time was there any discussion ever of Of have an option of payment. In lieu of the can't take the time. Senator Elliot will we estimated what the overtime overturning forty hours would be worth approximately nine million dollars which is a sizeable amount of well I would I wouldn't agreed I wouldn't even think about it would be the entire thing I am like the like a mix a mixture of of and you know you could you could have some you can even have some you know some metrics for you can say this percentage of this much of whatever was nine million dollars I know that's a non starter in one of the things we look at a nice I talked to the different departments is is is the the liability if if and in the event of a pay out but also what you have to require member is a lot of this maybe federal funds in federal funds may not have to make that an allowable pay out of these funds that that are already paying the salaries and so that really wasn't something we could do under our current law our current regulations but it is was something we look at look that and it would have been eight about eight million dollars to pay that out. If we did a so all these funds are all these funds federal funding all of them are it's mixed federal funded partminer corrections course at state general revenue department of Human Services once again there's a large number of employees that this will impact there as well the health department is one that that this year they've seen a lot more people not being able to use their leave so it really does very on a case by case basis based upon the particular department well I just as much as the issue special language this seems like would be a great place to have a special language measure to allow us to do something that we traditionally would not do. so it's if somebody is if it turns out legitimately there is no way I can get this vacation time used and then they just lose that they just lose that time. Under under current recommendation it would be something that for this year because of the public health emergency that we would create another administrative leave category of the recalling code carry forward for those employees that were required to be at work during this this pandemic and then after that time hopefully they'll be able to use down that late but will continue to look at that if that's not the case then we'll just that particular time as well adjusted as and you don't have to have the used in twenty twenty one about going to twenty twenty two right because as things are going now I can foresee they might not be able to use it at twenty twenty one thank you madam chair all right of senator each you're recognized for a question. Thank you madam chair could you can explain what the. The reasoning was to not it include the senior level staff and this opportunity because I'm sure there are many of them that had to be there at supervisory roles have missed their time off as well when we come up the senior executive staff level would be somebody in like in my position secretary factors position there's about a hundred thirty of those in state government but it's so it's really at the very highest level that we're only excluding it's is not any of the people that were kind like a frontline supervisor or any of that type of person that was maybe having to do Saturday workers those mean we're always working as well but at the same time it really wanted to concentrate on those people that that really were in the front lines or having to be in the office in those kind of things so as as a result of this emergency there hasn't been you've not been able to see people that have had to miss their time off as well but that may be in some of those top rules. Yes there are people in in the senior executive level that have worked overtime and what and and worked a lot of hours during the pandemic however we felt like at that level that was a commitment they made to put in hours it took to to do the job so. Okay but not just the time work though but I mean they've not been able to take time any time away though is that something that's a concern that they're going to have to miss time. For vacations or whatever that they may have had that they're gonna lose going forth in the year as well. I can get your report on how many positions in the at the esee positions would have over to forty hours of carry over at the end of this year okay that would help that a great thank you. All right to chairman Wardlaw. Thank you madam chair of one thing I heard in the beginning is you're only going to give them this mask muffles everything you're only going to give them next year to use this leave. We we don't have certainty of a vaccine or any certainty of this thing going away anytime soon so would it not be smart to only give them the leave from this year that we contract that carryover for two years instead of that one year because we're going need these frontline workers possibly through at least half of next year they were being told by national media today and possibly the whole year so just concerns me I the these people are the guys that they're sweating to make sure that the state of Arkansas gets to have the benefits and the needs that they need and to make sure that our prisoners stay. And lock up and fed and all the things we we've heard from department corrections this whole band they make and how bad it is to get the food service out and all the different things so I wanna make sure we're not we're gonna do this let's do it right. If it would make the body more comfortable to extend it for two years we can do that our our thoughts were that we would extend it for one year and see how things went to encourage people to go ahead and take that time off because they have worked so hard but but if it if it makes everyone feel better at two years we could set it at two years my second question kind of piggy backs on Senator any Elliott how do you plan on doing this isn't going to be a rule March two rule or will it be special language or when we go into the session or how do we. How do we plan on executing this. What Wardlaw there is a need to finally back that governs all the leave FOR state employees and that's where the two nine forty hours is established so what we're doing here is more an administrative process of just saying we're gonna carry this board or not amending the leave act at this time we're just declaring that anyone would have to run forty hours can carry forward that lead in the code that category anything else would require legislation of the full what thank you. All right the Senator hammer you're recognized for a question thank you Mr chair one of the things I'd like to see is the list of the agencies that you've grouped into this because I know that in the department of ag for example their meat inspectors that have had you know to go without any pay and so I'd like to see the list of the agencies if you would we can get you that but the exact number of employees in each agency or department okay and then the second thing is have you put a price tag on what it would cost to buy out that time and how much is adequate to maybe that yeah that was Senator Elliot not it here I'm finally pulled the data it you know it'll change daily it was eight million six hundred and five thousand three hundred and seventy six dollars and seventy seven cents it be a pretty big gas but is there a reason we can't use cares act funding in order to buy out the time. Whether as I understand under debate of should we or shouldn't we is there a reason we could use cares ACT money that's left over by a mile I believe it would be because you can only expand cares ACT money through December thirtieth of this year and we would have to wait until December thirty first and now their exact carry over number. It would be in the pay period in July I mean July January that they would be paid for this. That that be worth a discussion though because surely we could at least get a portion of the paid out as we sent it to just to speak to the carriage ACT and cares act funds as relates to state employees are fairly limited and that the sorts of uses for that for for salaries and FOR benefits I'm not sure meter the requirements no four for cares ACT use of use of funds okay then the last thing is I would joint center age I know you guys have taken it on the chin and some of that from us and I think yells time to your family in time which is just as valuable as anybody else I think you'll need to put yourself in consideration and lock yourself into that for my part thank you Mr manager. A senator Elliott you're recognized. Thank you madam chair I I just really want to pick it back on of senator aids and and Senator hammer because I was going to say the same thing about I I don't think it is a big deal that somebody has a a higher executive position we're still human and we cannot talk about these been extraordinary times and not act as if you know there's not extraordinary expectations from everybody and create these different categories A I just think it's a matter of humanity and fairness that we not of treat people just because of the position that they that they hold that they have not if they have made these extraordinary commitments and all these hours. We need to be thinking about them to I don't care how much money you make because money does not make quality of life if you don't have time to enjoy life. Thank thank nineteen. A. Senator Irvin you're recognized for a question. eight listening to the discussion I just might want to suggest or recommend if senator Elliott eads or hammer represent for law would like to make that motion as as aside to as a as a recommendation from Legislative Council. Okay. I I agree I agree with the comments and that were made about the higher level I appreciate the concern I appreciate what. That decision is however I I think I agree and I think it's the fair thing in the right thing to do. On the first senator Elliott. A. Senator are you wanting to make a motion to recommend that to. The a. Transformation and what what is your motion okay well I I'm. One moment. Okay. I think I think we just ask for this to be held and at this decision to be held and then let's work on this with the legislature of Representative Wardlaw and we'll come back in December for for that motion. The there's no motion ladies of. With the disk making the just letting you all know that to that is something that we would be interested in doing in the future. So. For clarification you're asking that we don't act upon this and don't allow the carry forward. I'm sorry. We just trying to clarify what you all were asking if you are asking us not to act upon this and not to allow employees that have over two hundred and forty hours at the end of the year to carry those Ford under a new category if you worked in the pandemic. Hi to list let senator Irvin state her a maker statement again. No that's not our intention I think our intention is to allow this to go forward but I think what our intention is the two years I think it's something we would like to see happen I'm speaking from what I'm hearing about the body I think that two years is important but I also think to include the senior level staff to have that and that and so that's the recommendation and I would make a motion to recommend that from Legislative Council just so that you have a clarity and what I think this body would like for you to bring forward as a policy recommendation you know and so we can do that today or if there's some concerns and that needs to be worked out more than I'm just saying let's let's figure that out in December if we need more meetings about that but because there could be consequences are ramifications of that decision to include higher level state employees into that bucket but I do think it's the right thing to do so I think I think we all appreciate the move we appreciate the policy which look at the policy rights. The we appreciate that we appreciate the deference to yourselves but we also think that it's important because you know people have been working around the clock in state government to make it work and we recognize that we appreciate that and at all levels so we need to include you all and in that disclosed with question thank you A me to say that we will include this in December and and you can come back and we would discuss it yes there's just one problem at that we have to get the asus system ready and convert it to do this because it is a new category and that's why we wanted to bring it to you this month if we wait till December eight it may not can happen by the first of the year. Okay then I'll I'll make the motion to go ahead and do it the extended extend this for two years and then also to include higher and higher level positions into that policy decision we're happy to change that. My motion all right and this is just a recommendation all right so you've heard the motion we have a second all those in favor say aye all those opposed thank you very much. All right C. eighty. Okay all right now we're going on to the supplemental agenda I need a motion to suspend the rules. Motion I have a second all those in favor say aye. Motion. Is adopted all right A if you look on your supplemental agenda it's about broadband and we're going to ask Joseph Sanford Dr Joseph Sandford to come forward. Alright you're recognized up please introduce yourself for the record yes ma'am thank you hi my name is doctor Joe's of Sanford I am the chief clinical informatics officer in the interim director of the institute for digital health and innovation at UMass. Alright you're recognized thank you it's my pleasure to bring forth you all today a recommendation for the approval of the five applications to the role broadband IT program we submitted to this body my letter with the application packets there's have reached completion and ready for approval those include pope county Howard County Arkansas county the city of and and city of cap. All right any questions. All right to senator Irvin you recognized for a question. Thank you thank you doctor center for being here first off at excellent report. Of incredible detail in this report am of these first five if you I was just encourage the membership to read through them and they're very very details and I'm just going to ask a few questions this this right now is three hundred forty thousand dollars do you know how much will this three hundred forty thousand dollar initial investment of state dollars will allow us to leverage and federal dollars that's an excellent question it's hard to be precise given the opportunities the the is granted the federal level but I think it's safe to say that successful due diligence studies by these groups will allow for an order of magnitude opportunity. To millions of dollars yes ma'am so at millions of dollars that we can leverage in federal dollars and so it's a combination of the FCC a rule digital the art off program and then USTA's and then several others one of the things I wanted to point off and I'll just go through Polk County pope county A in their description need said that they do not have staff capable of doing technical studies emanate and then then on page five it talks about the partnership and and the partnership is with rich mountain electric cooperative and with pinnacle telecom and so I just wanted to point that out and because of the cut the. Collaboration that is occurring and to talk about their budgets that they have that's on page five in pull county and and how they just don't have this money in our budget so I wanted just to give you an opportunity to highlight and then also just to note the different letters of support that are in here included from the hospital and mean a farm bureau and the schools and I think you're reading those letters kind of also brings to mind exactly what these businesses are dealing with and struggling within the schools as well so I just wanted to give you a quick opportunity to tell us about anything else that might be in the pipeline and what we should be expecting and any comments you wanted to make on these projects yes ma'am thank you very much of the there are three more applications that I would consider close and ready for submission to this body with other applications that were working on behind that as a reminder this program it has a limit to the number of applications it can't award so we would encourage anybody watching that stinks they might want to do this or that has an application in preparation to please get that submitted because we are working on a first come first serve basis additionally I think to your point on the collaborations and partnerships with the local entity in various profit and not for profit enterprises we very much encourage that and look for that as a component of successful application that's because as you note many of the cities do not have the the the talent in house to do the studies and we are very where a work very well aware of that and have resources pages on our website and IT H. I don't you a mistake ET you that applicants can use to go find partners for their application the last thing I would say is that some of these applications and reading this report are about both accessibility and about speed yes ma'am. Robin speeds so could you just quickly highlight the fact that you can apply for both of those reasons yes ma'am so accessibility speaking to if you have no cellular or wireless or fixed internet access to use any of those modalities are appropriate for an application so I call all of them out additionally the federal definition of broadband speed twenty five megabit download speed three megabit upload speed if your local conditions are such that you have less than that you would be an eligible applicant as well. So just wanted to point that out I think that city of Denton and city of cabinet and parts of Arkansas county as well so I just really wanted to yeah shout out to these judges and mayors that stepped up and after doing this for their citizens and some I think the legislature again for supporting this program thank you for your work to as well as you right now. All right thank you with the help to Objection I'd like to batch these grants and so seeing no objection or hearing no objection of I need a motion motion to approve. But our second all those in favor say aye all those opposed motion has passed thank you so very much thank you ladies and gentleman there and there's no other business we are adjourned.