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ALC-JBC Special Language

November 4, 2020 ·7:30 AM ·Room A, MAC ·1:23:36
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We read yes. We'll call this meeting to order of. You know if you would will be in the law and the White special language moved today also your name tags that asks that you pick up your name tag to put your name tags out we have no seating orders so I'm I recognize you by your number of in this plexiglass is kind of hard to see so make sure if you have a question or something that You can see that on notify the also. we're bashing quite a bit this morning under of item be. And. On the third page there the department of agriculture would like to pull out four slash forty five. Of four fifty one. And FOR fifty four and we will hear that at the end. the agency asked that we do that so I'll give me a minute to look over those back to items if you have any questions or comments. So I will give you the minister. Okay If you have enough time. All right. Yes. Thank you Mr chairman of first question is on one team and the Arkansas state dental examiners board Arkansas state medical board and said of optometry. Board of optometry in this it has to do with their the Attorney request all. I guess my question would be really for the attorney general's office. Okay would you like the. Your seven U. Attorney General's office the command. Yes Sir if that's possible just like to make sure I understand this process. What. Okay I get I mean I'm not sure I guess my my question really is the only stipulation that you know that that's in this is that there has to be demonstrations the AG's office does not have sufficient personnel to cover I'm not sure that that should be with the only thing that is limited to my understanding there can be some conflicts of interest and other other issues that arise between the boards as far as their legal representation and so I just wanna make sure that we're not just solely limited to if the AG has staffer not think that's fairly subjective of. What it may be the if they can answer I'm not sure who it is those AG have representation here the day. Mister chair there's no one here from the AG's office but this is an item that we can hold and we will be hearing them at the next meeting so we can ask them to come at the next meeting all right perfect Bonior's quest. That sounds good and then my next question. Which we'll pass over that one. Has to do with the carryover funds and release the reporting on the carrier funds that's page twenty five in volume one. I'm just a little bit curious at the very end so start department this page twenty seven apartment health so filing an annual progress report by each in we first preceding the session the General Assembly to the cochairs of legislative women's caucus. I'm not sure what that is as far as the I'm not sure who the cochairs of the Legislative women's caucus. Is how what would it how that reports utilized. And why it's not going to a standing committee of some kind instead I mean do we I'm someone else may know but do we have a women's caucus and who are the cochairs that are going to be getting these reports. Could we get does someone from the health department in. Please state your name for the record in go ahead and proceed. Good morning I'm Stephanie Williamson chief of staff at the department of health and I apologize I'm trying to find the exact line that's being referred to it's on page twenty seven in the manual and so what it what it says is the Arkansas department health shall file an annual progress report by H. January first preceding session of the General Assembly to the co chairs of the Legislative women's caucus yes Sir we date filed this report this is specific to the breast care program and so it is filed every year by January first two who you giving that to who are the chairs of the women's caucus Okay how do you know who to give it to them and I I'm not even aware of the election or the the caucus. Yes I. Senate. Okay I am miss Purvis has assisted me we send it to miss Garrity and then she gets it to the chairs of the caucus. Okay. So. This is what would you like I'm assuming this is languages carried over for quite some time and so there this may be obsolete language at this point potentially if there's not a women's caucus. Which has been in place since the inception of the breast care program yeah I'm I'm all for the report I'm just not sure where it's going and so if it's. If it's given name to our staff and. Amend to a committee that's or a caucus that's not. We can check with ms Garrity and get back to you on that senator if you don't mind a little time to get that information together if there's an actual you know chain of how that falls through that's fine but if it's getting you know if. They also have an obligation to thing with it by the way that are freed when it goes to the co chairs and is probably information that the members would like to see to that's one to ensure that it's not being lost so we can just put a hold on this until next meeting we will do that. With that I am done thank you Sir okay. Okay any other questions. Okay will be pulling out of this fact will be put pulling out the under the health department of the page ten. Also will be paging out of agriculture of forty five. And fifty one and fifty four. Identity a motion at this time. Choosing. One. One twenty seven yes. I have a motion. I have a motion to batch. I have a second. The second by Senator a bond. Okay any further discussion. Not all in favor say aye. Those opposed say no. News adopted. Now moving to us the special language review Adam city. Of the department of health this Hamilton. Good morning numbers we are in. Terrible one of your special language manuals all of the language that you're going to see the next couple minutes is going to be for the department of health and the entities that are part of department of health FOR starting on page thirteen. This one was that the conditions under which the budget classifications of maintenance and operation may be modified if found to be an adequate by the administrative head of the agency this of course is after obtaining approval by legislative counsel the changes that are being requested or to change department information systems to department of transformation and shared services dash division of information systems this is merely a change that came about as a result of the transformation. The next piece of language is on page twenty. This deals with their nuclear disaster planning grants each county received sixty five thousand dollars they do have a three hundred twenty five thousand dollar appropriation and this is for the counties that surround nuclear one pope county Johnson County yell Conway and Logan and once again this is just a name change brought about by transformation they're requesting that department of emergency management be stricken and department of public safety dash division of emergency management being replaced. I on to page forty two this is language for the minority health commission. This again is language that sets out the maintenance and general operations of appropriation that take place. Again the request is to delete department of information systems and add departments transformation ensures services division of information systems again a technical change brought about by transformation. The next piece of languages on page fifty four it's for the tobacco settlement commission. Again this is transfer of appropriation language allowing the administrative head of the agency to request a transfer of appropriation in the event that they find that what they have is not sufficient and again this is a request technical change what about by transformation that's all I have Mr chair okay. We have any questions. Comments. Of seeing none and engine motion. A motion by represented back. The second by. Senator DISMANG all in favor say aye. Those opposed say no. Senate passes. Members were moving to volume two so it will be behind tab to. And Dalton Coleman it is the analyst for the agency we're going to start with. Division of Arkansas state police page one fifty two. You may proceed thank you Mr chair our first piece a special language is on page one fifty two and this is just a technical change involving promotional items for Arkansas state please just changing the word director secretary to transformation. The next piece is on one fifty three regarding overtime for the state police Senate accenting there the secretary to director Arkansas right changing director to secretary. on one fifty six we have a. Non technical change this is removed twenty five hundred dollar cap on food drink an essential item purchases during emergency operations for the extraordinary expenses section of the Arkansas state police. A technical change from director secretary is also included. You mean those on your agenda one fifty seven is on there but I that was that was batch as well that was just a date change and that concludes special language on state please Mr chair. Okay. Or any questions. Comments. Seeing none I would entertain a motion. Motion by a Representative Beck. Senate by senator DISMANG. Any further questions comments. Seeing none all in favor say aye. Those opposed say no. Senate passes. Members removing two one three this is an environmental quality were going to start on page seven the amas for this agency is William Parrish. Where she may prissy. Thank you Mr Billy pears legislative research were on page seven in volume three. This is for energy and environment the first piece of language is equipment purchased restrictions and this language provides the department laboratory equipment and data processing could expenses in the capital outlay in data processing purchases line items in the hazardous waste cleanup appropriation section are funded only three interest earnings investment earnings and additional funding from the hazardous substance remedial action trust fund the leave requires in reporting to Legislative Council fox features for these purposes there are no changes other than updating terminology to the transformation that the the sunset the executive recommendation is the agency request. On page eight is an ex a request is four appropriation restrictions thank you determines that no expenditures from the environmental settlement trust fund for information technology needs maybe may without prior approval of the choice of of the chief fiscal officer and review by Arkansas as Legislative Council or joint budget committee as well as the chief information officer in C. I. O. council. approved projects must be reported to the joint committee on advanced communication and information technology there are no changes the than updating terminology to transformation and I think in the sense that executive recognition is the agency request. On the next page page nine this request for fund transfer provision. This language allows a transfer of one point five million from the various funds the Arkansas department of environmental quality fund account to supplement personal services and operating expenses described in this day operations appropriations action to remove funds are allowed to carry over to the next fiscal year there are no changes of the nineteen the terminology to the transformation and up to in the sense that the second recommendation is the agency request. On page ten is reporting requirements this language is related to the proceeding special language sections regarding fund transfers the language the terms that funds transferred or not considered part of any statutory limitation on the use of funds for administrative programs for the administration of programs there are no changes other than at the in the terminology due to transformation and that that in the sense that. On page eleven this is landfill post closure cleanup restrictions this land requires Arkansas pollution the calls commission to approve expenditures of two million or more from the landfill post closure cleanup fund there are some changes the language retains the commission's requirement to approve expenditures over two million but factors would no longer require the commission to prioritize an authorized those expenses between fifty thousand and one point nine nine nine million. The agency they have no projects that range and the language changes make it clear that they can that the commission must approve expenditures over two million exact recommendations agency request. One page twelve is a non hazardous I clean restrictions this leaves the the expenditures shall be funded only to interest earnings from the eighty Q. the trust fund agency shall see cost recovery from parties responsible for damages to the environment. There are no changes of the nineteen the terminology uncensored and expect a recommendation is the agency request. On page thirteen is the landfill post closure trust fund this language allows agency to use landfill post post closure trust fund to pay contractors on a roof of a on state contractors wore a regional song waste management district to complete post closure of a landfill when the solid waste management district filed for bankruptcy is unable to meet that was otherwise insolvent agency may take civil actions recoup these funds there are some changes the language strikes three closure and limits expenses to post closure costs. The agency the language change protects the integrity the post closure trust fund this language is amended and the last fiscal session the amendment removed a section to allow the department seeks civil action to recover funds according to the agency with that ability removed limit expenses to post closure costs protects the fund. The next item is on page fifteen suspension of landfill disposal fees to support a computer and electronic equipment recycling program in the same suspends that fee that will be replaced by Senator in the future The land allows the distribution of revenues are you collected the awesome changes the agency request deletion language due to repeal the being covered by acts six two four two thousand seventeen and the second recommendation provide for that request. Page sixteen is investments. This allows all trust funds to be invested by the office of the treasurer eighty two director or the director's designee determines fund transfers out of investments there are no changes of the nineteen terminology do transformation in the in the sense that and the second recognition is the agency request. One page seventeen is trust fund contribution fees and waves trust fund contribution fees FOR public facilities boards and public water authorities there are some changes the agency request this language to be codified executor condition provides for the request. On page eighteen is loan and this language allows ones are authorizes it ten million loan from the budget stabilization trust fund to the hazardous substance remedial action trust fund it is to be repaid by June of twenty twenty three the loans to pay for remediation cost of hazardous substance I'm sorry for hazardous waste cleanup efforts at the Trafalgar road site and all of this the the land use also requires a quarterly Portales see Dotson changes the age request deletion language this is you because no loan was made and the Bella Vista property owners association assumed ownership over the project in June of two thousand nineteen and is currently working on restoration plans as of the latest quarterly report from AT queue they spent one point three four million on the site is in the best and and they are investigating potential responsible party three cover costs the exact recognition provide for the aid to request. Questions. Okay seeing none of. Thank you. Yes Mister chair on page eleven. And I may be okay with this it just looks like but we need a little bit more. Discussion on this because we're changing quite a bit. So I don't know if the agency here so they could discuss that are staffed with you if you understand exactly what they're doing is just. The water language that the changing around within that is there it's my understanding that if you remember the last session we had there was an amendment to the special language that removed a provision that allows the the department to see cost recovery and with that provision removed these language changes they believe will protect the fund the integrity of the moving forward. Okay I guess the only question is is any expenditure in excess of two million. And then where we used to say prioritize and authorize now we're just saying it will be approved. The court today to see that was to clarify language because they didn't they didn't believe that prioritize our authorizes clear direction and that this further cements the action of the agencies to work for the commission is to approve items over two million. Back on the deferred today see I believe the here to answer questions. Would you like the agency Senator I think so my and like I say I don't know they have any any issues with this other than before today have a an option to do this. Because now it looks like to me that they're going to be required to do it under this language okay. This moment with the agency in here. If you would please state your name for the record and after you do that Senator would you can go ahead and ask question. Shane Corey chief counsel for the Arkansas department of energy and environment. Good morning April golden chief of staff of the department of energy and environment. Right number will come over to your left to your left yes Sir of my question is on page eleven and again we're in volume three so I assume you know no were read. Just if you could just give me a little bit more They tell what's going on here and specifically as it relates to used to sit prioritizing authorized and now we just says will be. Did you did you all used to have an option to do this and now you're just going to put yourself in a situation where you're going to be required to do it with the language. So it as it is is a currently works right now we The commission has the ability the authority to do anything over two million dollars so the majority of our Of these types of of clean ups are. Two million dollars or more we have almost none that are in the fifty thousand dollar range and so what this change would do would basically continue to allow the commission that authority that they already have but give a little bit of flexibility to the director of the each you to prioritize the clean ups that are smaller. Okay let me ask you this what what if they did not want to approve one. Because I guess that's where I'm headed with just with your language if I maybe your counsel the commission would still have total approval that anything that the director does would still be reviewed by the commission. Yes Sir so got if I may what I'm yes Sir on a follow up I think the current language required the commission to both prioritize and authorize where we're going is that the commission would approve the main distinction there if we're trying to provide clear flexibility that the commission only since most of these projects involve two million dollars or more only get involved at that point time anything if we had anything under two million the prioritization would occur at the DQ director level so I think the only. True change because it requires currently prioritization and authorization of the commission and we're just basically making sure that the commission retains at approval process for over the two million. The way the way it's written though is it it doesn't say that it says it will be approved I mean that could have been that could of been written better. Yes at least in my opinion yes so I agree Because you know somebody could construe it that once it once it's over two million dollars. And it has to go to to the commission that they will approve it. I agree and I think we were just trying to be consistent with the existing a language of of yes Sir currently will be authorized prioritizing authorized but I agree that could be read more clearly DO okay is there a is there will be any problem with changing that and trying to get it cleaned up so it's right no Sir will be happy to and I hate to make an issue of something like I know that but we appreciate it right thank you Sir thank you. Three any other questions comments. Okay we're going to pull a few. Okay seat done. Okay Senator bond you're recognized thank you just on page thirteen the change from deleting closure and. On that in that section how long is it how long we have that current language and. I know the the stated purpose is to protect the fund but is this something that we needed in the past. So this was special language and then well before my time but it was in inserted in order to allow the. Now division of arming of quality to actually go in and pay for the closure and post closure care of the neighbors landfill in northwest Arkansas at that that this point in time that was the initial special language that site has not been closed the queue is still in the process of doing post closure care. And during the last fiscal session this section was amended to remove our ability to see cost recovery for this specific sites so the goal is to one the site that this was written for is actually close so it doesn't need to read say that we still of authority to close it but only to continue post closure care and the other the other change it's in there is putting a date certain to end the department's or excuse me the division's responsibility for post closure care in transferring that back to the district. thing in December of next year which at that point time should be only minimal cost of post closure care going forward so there's only the one line failed this this was put in for no other landfills that we have closure care needs for this special language the way it was written only apply to the neighbors landfill at that point we don't have any other that meet that criteria this definition of the special language I thank you. Okay any other questions. C. dating. Senator DISMANG I've been on since okay I'm sorry apologize. Okay seeing no other questions of we'll be pulling out of eleven and also will be voting separately all. Item. On the volume three seventeen the trust fund contribution fee that is you speak to a motion to codify so will be voting on that separately. If a. All that environmental quality all in favor say aye. To the nay motion. Motion from US senator DISMANG. The second from representing hammer. any questions comments seeing none all in favor say aye. Those opposed say no it passes now will be voting on volume three. Of. Seventy. Page seventeen I need a motion and to codify. Senate this main motion to codify. A second. Said senator rice I have a second any further discussion comment. Seeing none all in favor say aye. Post a no. Okay passes. you are we appreciate you are dismissed thank you. Members were still in volume three we're gonna go to the oil and gas commission on page nineteen. Mr first you're recognized. Thank you Mr chair room page nineteen line three this is for the oil and gas commission it's a division within energy environment. And this language for fund transfer the language allows a transfer of one million from the oil and gas commission fund to the band in an orphan will plug the fun it also has one time transfer of ten million this is the dress and budget hearings the too many will allow the commission to plug ten million and identified it banned in wells it within the next biennium. Jane discussion. Okay I'd entertain a motion. Motion by represented back. Second my ribs as Senator hammer. Okay any further discussion comment. Seeing none all in favor say aye. Those posts she is being I do have a comment here apologized. Six sixty one. Six sixty one that you've Senator hammer. Okay Senator Hickey I apologize. No problem thank you thank you Mr chair would this be something where we would normally have a review of a LC also we're gonna have a one time transfer. Ten million dollars and it's going to be approved by the chief fiscal officer with that with with the standard language of that not be review by of by so you're the appropriate committee also. First can you answer that question please thank you Mr chair previously there was language in the required review but that was amended in the last session I'm sorry the last biennium they removed review to reporting to Arkansas Legislative Council that was or will this committee the last by any. In. Where is the reporting on on this special language are you saying that in another that that's on the second line. After see review from the chief fiscal officer of the state and reporting to Arkansas Legislative Council or joint budget committee that used to be you and review of ale see but that was changed to reporting to the last biennium hi okay thank you Sir. Okay any further questions. Seeing none I'd entertain motions. Motion by senator DISMANG. Second by Senator us all in favor say aye. Those opposed say no seeing none the motion passes. Members were still in volume three we're gonna move to page fifty six this is department of corrections and the analyst for this agency is Dalton Coleman he's making his way up. Yeah. Please state your name you may proceed. Thank you Mr chair and don't come with the bureau of legislative research. The first is a special language for corrections on page fifty six. And this is to do a county reimbursement rate restriction and the agency an executive are requesting deletions language due to being codified you'll see the same thing on page fifty seven with county jail reimbursement this language is codified so the. It is an executive requesting deletion there's well. The next piece a special language is it due to technical changes reallocation of resources on page sixty. Menu. This changes department to division. Page sixty five The only change here is the term straight time liability is changed to gap time liability and it has to do with twelve hour shifts I believe that after talking with agency they mention that was just a different term for the twelve hour shifts work whether employees. the next change is a technical change on page sixty six regarding the eighty SI sex offender assessment and those are just a transformation you'll see the same thing on page sixty seven with the inmate calls reporting state facilities. Just terms transformation change their. House more technical changes on page seventy two and seventy three seventy two being refund to expenditure and seventy three being use of maintenance and operation appropriation and salvage materials construction these just change from department to division the transformation. Page eighty we have the new facilities special language. this would allow the department to transfer appropriation only to existing shared services appropriations for new facilities my specifically the regional jail line item on the. department of correction shared services appropriation. Page eighty three see some more technical changes on the county jail invoice summary just changing the war department to division. Page eighty four we have the transfer appropriation to the county jail reimbursement fund special language. And that this is just in case there any funds. Committee on Matt obligations the county jails the agency requesting that they be able to relocate appropriation to meet those. Occasions. Page eighty five is our technical changes due to. Transformation for the local government and make cost report changing or adding the division of correction. Page eighty six you'll see some more technical changes the transformation regarding essential services stipends. Page eighty eight. Technical changes to promotional items Adding division there this transformation See you on page ninety three we have the agency requesting that this language to establish an actor value of products produced on the farm. basically comparing them with the other. A similar products that are required by the division of correction community corrections to to better establish a value of those products. Page ninety four agencies requested this language regarding carry forward entity maintenance and operational savings. to be added. In order to carry forward funding there energy savings. Page ninety five maybe on the agenda but that was pulled by the agency and page ninety six you'll see some technical changes regarding community correction programs line item uses the transformation skews me yes we we stop their own ninety five please yes. Okay okay we have several questions. Senator DISMANG you're recognized thank you Mr chairman in in is the agency your corrections maybe for some questions yes. We get the agency in here please. So I've I've read through this every time I read through it I get more confused because I thought originally understood in this is on page ninety four so this is the carry forward energy maintenance and operational savings is a at the end and so in looking at it I mean one thing that I think we do not need to have in the language is the balance of the preparation we often removing that yes we can suspect funds okay and then what I'm so what I'm trying to understand is so funds authorized in this act. FOR guaranteed energy maintenance and operational savings generated through a center center center Or similar efforts shall be cared for the main build for the same purpose for the fiscal year ending June thirtieth twenty twenty three how do you all calculate. We are so we're going to are they how those savings calculated how we gonna recognize them is that something that's recouped from the energy partners that you all have on the program or how are we going to know exactly what savings verses you know duty energy versus savings that might be generated and some other method. Sector would you identify yourself please I'm very sick corrections deter this Dismang the contract that we have with our energy efficiency partner sets out a series of measures that will establish the realize savings that are guaranteed by the a contract in FY twenty two those savings are guaranteed to be a minimum of three hundred and twenty eight thousand seven hundred and forty five dollars. So what we're proposing to this language and we are in agreement with your suggestion of pairing this language back to funds only is that the hunt at a minimum that three hundred and twenty nine thousand rounding up that is guaranteed in our contract we'll go in this fund so as we. are addressing other maintenance needs within our department and as you can well well imagine we have several million dollars and maintenance needs that we need to address these funds would provide a source to address those projects on down the road. Okay and so it's only gonna be limited to those savings yes Sir. Those those saving that are specifically generated through our energy efficiency contract. I mean the the only Mr chairman the only other suggestion I would have is just to make sure that we're all keeping tabs and track is a reporting requirement a you'll see in joint budget on the real actual rely savings we have a guaranteed savings which may be less than what's actually realized. in in those expenditures set you know the proper time I'd like to. Make sure we state that correctly in and make some of the other some of the other just things change okay. And we're good with the mist Mister. We have any other questions. Okay now would be property. We want to do we want to adopt everything with the exception of ninety four ninety five and come back to ninety four on its own yes yes we will okay so by then I make a motion to adopt Dr session with using should be I apologize senator I have some questions. Code seventeen. Thank you Mr chair of. The question I had of actually was if we're gonna full of not ninety four ninety five that I I'm probably okay with that but but there's one other question that I had concerning That the change of ten from straight time ability to gap that that's all receipts anachronism in a provisional what that is but the all the things I I what I read this I would understand it the way it was I would not understand it would be cities the term gap and and that that came about in the of based on the change in terminology that is used on the personnel side in effect was going on there is the amount of time when malt says clocking in the get and is about fifteen minutes that is added to the issue of going through security participating in shift briefings that is that's what that time is in is referred to as gap time. Okay so. Then you will. I I guess. It may be that the one drug without too much but it then I would I would with your explanation I would understand it to be that you would ask at that time yes you would also maintain district time on building. It almost looks like you gave away your straight time the mobility they're one and the same. That straight time liability is the capped out. Okay so if I were working for you. And hi it would if that's not a holiday it's not a. Over time it's not a hazardous thing how would you pay for just by regulation she this our. The room in the back you almost eliminated that one that sits in the. Six. If. So we're be is one of the same to you we eliminate the reference to gap two straight time replace did with gap time which is the current term terminology you the personnel side for whatever reason but it is there's my staff is still going to get paid eighty six hours every day and that's and and that's what this refers to that additional time they they get paid for going to security going to shift briefings that over the course of their normal work peered as of two additional six hours. I guess I was just a little bit confused as to the terminology do things like you would you would have called out those functions as part of straight time and then. Then they have the correct. Let the languish away this just thank you may I can you do to I would not Stella got time is a the average person I don't think would understand what gap time is and then it also seems like. You have trouble with that I understand that you're combining the two together. But I'm or I would I just think it that and I and I'm not in on what your your point completely reversed Representative Beck this this this was a at the recommendation of of our personnel folks it one does the same thing as the other. Okay any other let's see we have. Sixty one. Thank you Mr my question was regarding page ninety three the process for the change in process for establishing a value on the products produced and processed on the form what's the reason for moving away from the way it is and what are the benefits to the agency for moving to the way the proposed language is. This is the way is complete this this is the way it's currently done send Senator hammer the the reason why this was drafted in such a way as we're adding the division of community correction into the consideration of consumption this is the way consumption is currently current currently computer. Okay and as far as the establishment of the value of the product that's actually left up to procurement to determine that and that way you're not set your own prices they are bring it to you so as to make it apple apple compare shin in is an additional check this also certified by the division of legislative audit so they tell me what the words I don't tell them what makes the work okay very good thank you thank you Mr. Seeing no other questions the center this man you're recognized for motion. To me I'm sorry. I make a motion that we adopt all items agency West with the exception of three ninety four three ninety five okay the motion. I have a second. Second. All in all in favor say aye. Those opposed say no it is adopted. On all Adam sorry to it good senator things chairman on the item three ninety four. Like to just language to read any unexpended balance of funds authorized in this act so strike of appropriation and in this section and add additional language after The next to last sentence that that road read any realize savings manager shall reported to A. L. C. joint budget or joint budget committee. You're the motion. I have a second any discussion. Seeing none all in favor say aye. Those opposed say no. Passes AS amended. Okay I'd. If you would just keep sit there for a second okay of Mister Goldman. Thank you Mr chair I'll pick up on page ninety eight but the parking fees special language. This is just technical changes do transformation page ninety nine see the same thing just. Language changes the transformation for transfer provisions. Page one of one the reallocation of resources session language as. Strictly changes the transformation. Page one of nineteen eighty correction program line item uses also technical changes your transformation. Page one ten transfer authority for utility in fuel rate increase. The changes thereto transformation language. Page one twelve county jail invoice summary. AS changes the transformation as well. Same thing on page one thirteen with motor vehicle purchase provision. Final pieces special languages for the department of corrections parole board on page one fifteen. Need to see an executive request student he would stop but there will. The partridge. Community correction use any. Any questions comments on the. Senator DISMANG you're recognized things chairman's probably for staff and this is on the parking fees it's also we also pay parking fees look like to the department health I believe. I'm I'm just curious I mean why this is. So we're just making the adjustment for special language because the name change is that the case for both of those items. On page ninety eight yeah well so we had ninety eight and it was in the previous bachelor department of health was parking fees paid were more stadium of we'll both of the sections is related to a name change due to transformation yes okay our lease is far as just this one is the only one I can speak for unpaid understood okay is that something is that something that's required to be statue because it's transfer between. I mean at what why is it worded the way that it is in return the wisest. Parking fees are parking fee. Is there a reason that that is specifically laid out the preparation to go to war Memorial. I don't know whether or not it it needs to be in statute but in terms of your your prior question there are no changes in terms transformation for department help there was just a continuation language okay With respect to why it's it's in special language first statute I've I don't know I think it's because it's not necessarily a a permanent solution or a permanent action is taken all the time. Where is it would have to be permanent fit within statute but I guess my only request would be of if we can get a total of what we're actually spending on parking at war Memorial Stadium just so I I know who all what all agencies are paying it where it's coming from kind of how we come up with that and that sort of thing sure we can contact department of parks and tourism and and heritage and find out how much each agency is spending okay perfect working fees for them and then report back thank you. Yes it was six thirty have fallen great state sector correction gainful for the record us not to dis this make to the question a lot this is drafted this particular way this was intended to restrict the now division from using G. R. to pay for their share of parking and will memorial so and in a previous services Senate was the will of the body that they would only be allowed to pay for their parking fees out of their special revenues that they generate. Okay. Any further questions. Ninety seeing none of. I'd entertain a motion for a. Community corrections. I have a motion senator rice. The second the representing line. All in favor say aye. Those opposed say no. Passes parole board. Thank you Mr chair at the final preparation we have for corrections and it is simply the agency and executive requesting this language be removed due to it being codified. Mister chairman that concludes my presentation on corrections. Okay. Any questions. DO pass this is to me just second center. Okay Senator thank you you we have a motion. I have a second. Senator DISMANG second all in favor say aye. New posts a no. The passage. Thank you Mr secretary we appreciate you. All members are gonna move to volume four department of agriculture just as a reminder we did pull out those three pieces a language from the batch so in addition to pages fifty five and fifty seven we're going to hear page forty five fifty one and fifty four. Kathy Schmidt is the analyst for this agency. The speed you're recognized thank you Mr chairman as members said we're on page forty five picking up those three pieces that were pulled from the back that first one has to do with expense reimbursement and it details have A would pay their expenses for show premiums and the agency and the executive took a look at those and have asked to have this discontinue the appropriation is set up so that each of these line items is spelled out in the appropriation and the amount that page one it does so that is what they're requesting on this one is to do away with this line this piece of special language. Yes ma'am apologize that's okay we'll get the suggestion on this one is both the executive and agency requesting to discontinue this feeling it's no longer necessary since the appropriation lines that each of the specific. Expenses okay. Okay have a motion to discontinue. by senator DISMANG. I have a second second by Senator Hickey all in favor say aye. Any opposing no. The next piece that was batch to that was pulled out is on page fifty one this one has to do with forestry commissions reporting requirements this was put into special language a few years ago requesting that they make a report a monthly to I'll see about their expenses the fund and activities around fire suppression and those activities the executive and the agency taking a look at this and I would both like to discontinue this language if the committee is in agreement okay. Page fifty one volume for reporting requirements. By having these questions. Not entertain a motion to discontinue. A motion represented line. Second by Representative back. Any discussion seeing none all in favor say aye. Those opposed say no hold its use me to second. A did not see you over there Representative love you're recognized thank you Mr chair I was just wondering Total. You give me a little history on why we get this piece of special language before we we talk about disposing. Yes Sir a few years ago of the forestry department had some financial issues with some of their expenditures and so this was one of the remedies we have at this committee actually had a special subcommittee that looked into this and the remedy was to in addition to some other actions was to require this reporting requirement monthly and so they've been doing that monthly providing report to a LC about those activities okay do we know if the day room meet the issue that the okay the financial issue because I can remember forestry have and I'm a bit of a a conundrum over this and now we know if they remitted this issue. A you might ask the agency but I believe that of that has been the case okay alright thank you. Okay. Representative Hickey opened. Sixty one. That's me Mr okay thank center hammer you're recognized thank you I do remember when all this went on in there it it was under different leadership at the time but the question is do you know if there many audit findings since this time that would give us reason to think that we maybe need to keep this in place because of audit findings no Sir. So there's been no audit findings along that no Sir and that right apartments back in the back and they're the ones that are signaling to me that that no. We have a grant of Mara and there are no I audit findings for Agra that that's good this will or no thank you. Okay any further discussion. Seat number thirty four. Thank you Mr make sure I understand so we're discontinue any US monthly report. A to receiving no reported all so we're going from wants to month. To know report to the AOC and anyways that correct. That's what this continuing this language would man yes Sir. It was rainy consideration given to the fact that maybe we need to continue the report but maybe not do it is often lot once tomorrow at the may be at least one step recorder or at least at some point was that ever discussed. I'm. We need to talk with the FAA and the grad apartment to determine what was discussed I received an email that they both were in agreement to want to discontinue this. Okay well I'm just curious just same kind of extreme to me that we go from wants to month to. No no reported all. Mr believe you're recognized. The. Jake please give the office a budget speak with secretary ward the back we do have an annual report which is filed and which covers the information that we were covering right now with that monthly report and that report is submitted to. It's over here Dale C. okay does come Dale city. Yes Sir the General Assembly okay. eight representantes out cut you off accidentally there if you want to teach but again. Good. Two hundred. Areas that Yes Sir a this pair would you identify yourself for the record please yes Sir west Ford secretary Arkansas part of our culture so it's on the reporting requirements that a couple mechanisms there Sir so in particular within the department from the Forster standpoint they do still have forestry commission quarterly forestry commission reports so there is a report to the commission every quarter in addition to that we also do an annual report for the entire department I believe the language says that that's to the governor but we've been share that with the legislature as well but this is at all times back to you and we we do have our state Forster Joe fox's here for for something to happen over eight years ago and so they've they've been compiling this report every month it goes to there's to a you'll see we come up here every month and and we sit and wait for several hours and then we go back to work because there's never any there's never any issues never in question Sir I work at it's not that were we don't want to be transparent about the information if if the legislature feels like it's something I still me would be happy to continue to provide it but it was just something that there for the last eight years no water findings no questions and something that we continue to provide and continue to spend hours and and and Tom out of normal day to day activities to prepare and stand by for questions on the report but what were happy to move forward in any way that this is our land I sure you sure yeah I understand that and and the monthly does seem kind of extreme the specially for that type of data but I guess my concern was going as I've already stated going from on a Monday report to know reported on I think I understood you you just said that you submit this report annually to the governor's office is that correct that's correct yes Sir but it's not submitted Dale city correct I'd I would have to double check that language I believe that it's an annual report to the governor but I know last year was the first year we had completed and we submitted to the legislature as well but I don't know that that's in language that it's required well I personally thank in the still be submitted to us and and I'm not saying once a month but I say when you submitted to the governor's office annually what would be wrong with making the submitting that report to the this legislative body at the same time. You're a. Of complete my questions about thank as something this committee needs to consider that we still continue to receive that pull reporter but maybe not monthly but at the same time the governor's office does. Thank. Thank you Representative back direct you're recognized hold on sex. You're recognized as a. This section the comment that I thought it was an annual report to the earlier question IT sector has address my issue. Thank you. See number ten. Thank you Mr chair this represent a loving it sector were so it's so I'm just trying to clarify what you see in. You make the same report to the commission quarterly. All right so then that means that you will be so you still company you're still compound and that this same information except you're just you're not making it to us you make any test monthly but to them quarterly so the in. I would say what would be the difference in this report to us quarterly issue report to the commission. I don't think we would have any objections to that it's a different format on what is presented to the commission that's a full commission meeting there's a finance reports personnel report there's activity reports so it's it's just a more broader scope and much longer so I've I've got your the last month the report here it's it's a few pages long the actual come quarterly commission reports quite a bit thicker but what is this but is is saying information captured within that report it is yes Sir so so it's not that you all are not compound in this information is just in a different format. Is that I would say that's correct okay so. Yes I can understand. House nine wanted to that monthly but we're still report we're still compound in this data quarterly so. I would say if if it. I'll get some on the same line is is Representative Tosh in regards to report it you know going from from a monthly report to know report is in is a bit extreme but I guess going to a quarterly report or a semi annual report will probably I would say would be the. I would say Mr chair that that would probably be the more the more Thank you want to say something which please identify yourself for the record. Yes Joe fox state forester and director of the forestry division of the Arkansas department of agriculture. This report was established by the legislature in the fiscal session of two thousand and twelve is a month report I've been here almost all of those months and had one question on a report in eight and a half years the the report is our activities and our physical work expenditures in income on monthly basis in a different form we report the same information to our commission quarterly in is as secretary ward sorry expressed is thicker there's more activities the financial report is a little more detailed. And and we can provide that very easily we've been reviewed by the U. S. far service on our grants twice since I've been here with no findings we've been audited by the state of each biennium with little or no findings but none of none of great consequence S. what had happened in two thousand ten two thousand eleven so that's the reason for the report we're happy to report it to the to the legislature in any form this this requested those are the reports that we normally do the month the report is In its monthly packets is the way to say. So Mister fox I would not let me pick up then. Is it is it that is the time that you all spend over here waiting to report it to us or is it the I mean what I guess you're you're not you're not saying you object to to disclose any information to us as the candidate would advertise your personnel up over here for a period of time is usually me over here for the monthly ALC meeting in that particular case but it's also each of our districts each of our program managers are district foresters turning in a monthly activity report to the deputy state forester who compiles that we added that in look at it so I there's not I wouldn't estimate how much time we spend on there for money we spend on it when we could be out doing prescribed burns or checking seedlings or talking to farce landowners. Thank you thank you Mr chair all right seat eighty two. Well that was exactly Representative love my question it's not is budget means time with the report but it's it's the. Efficiency and we're not generate a lot of questions and surely there was a way we can find where they can submit the report and not have to be here and we can someone that asking the report for us if there are some questions but of Mr fox stated about as well as they've got some very positive things they could be doing other than just come in and city. Okay thank you senator. Senator DISMANG you're recognized am I think you re statement there were some issues they've been taken care of we're under audit I mean annually if there were it additional issues audits aware of what to look for what to find PM and so I think it's time to move forward I mean we could do something similar to this require reporting for everything latency over a resale action happens but we don't do that in so I appreciate you bringing it forward and and the other thing is if no one's reading it no one's looking through it which in raise your hand if you have then the third you need to and I'm sure they'll get something for you but anyway thank you off bring legislative. Thank you senator six forty nine. Three forty nine. I'm sorry senator us I apologize. I thank god I would just echo centering on and and Dismang I was here Senator king that was under different administration prior to Mister fox and there was some serious things going on and and at some Changin ministration so uh we've we do these things from time to time and we forget Lowery to amend and I would echo I think it's time can be used better and and it again I try to keep our eyes on some things and other due to we appreciate you all in the but I think it's time we Not waste your time on this thank you. Thank you senator. See no more questions the agency is asking to discontinue the language on reporting requirements on page fifty one she's me volume four page fifty one I have a motion. I have a motion. To. To discontinue the I have a second. I have a second was senator DISMANG all in favor say aye. Those opposed say no. The passage. Was. Mister chairman the next piece of language that we are passed over is on page fifty four of this has to do with fair waiver a few years ago there was a situation with one particular county fair where there was a problem with the date when the fair to the place and when they were quite a qualified for reimbursement absent this special language was put in place at that time to deal with that particular situation in talking with the agency they have done some new rules which go into effect in January and so it has eliminated the need for this special language so the agency in the executive took a look at this and both have requested discontinuation of this language as well. Okay any questions. Seeing none. Entertain a motion. Motion to discontinue the by senator DISMANG second by Senator rice any further discussion. All in favor say aye. Those opposed say no it's adopted. Mister chair the next two pieces are actually a new language that the agency was requesting on page fifty five and fifty six is language for carry forward language this is standard language this will allow act right to carry forward their general revenue funding which is referred to in the department of agriculture fund account that is their G. R. funding date this language to allow them to carry forward any balance at the end of the year into the next year and so the agency has requested this new language the executive has denied that request. The and then they have the same thing also on page fifty seven fifty eight again carry forward language in this case it has to do with the aggro show premiums hi this is the this is actually general revenue that is paid out of H. USA out of miscellaneous agencies fund account and this is the appropriation that goes toward the very as ag ride show premiums that they pay and they are requesting carry forward language to allow them to carry forward any of that general revenue that's not spent in that year to be able to use in the next year and the ad agency has requested that and the executive is that not that request. Any discussion. Entertain a motion. I have a motion the. A represent blank for executive director. Second a Dismang any further discussion. Seeing none all in favor say aye. Those opposed say no. Passes skews me. Environmental quality yes. Of thank you Mr. Okay a let's bring eighty two back to appear again please if we could. I understand you have some new language of. for volume three eleven post closure cleanup restrictions. Is that correct senator Hickey is that the one. Yes I believe we have a a proposed language that hopefully will take care of Senator Hickey is concerned maybe instead of saying we'll be prioritized maybe instead of saying will be approved which was our proposed change to just saying will be our shall be subject to review and approval by the commission Senator Hickey does that address the concern that you had with the kind of the mandatory Senator Hickey recognized yes Sir it should. So I'll make that motion you might have a okay have a motion the. For the What proposer clean up restrictions with the amended I have a second. I have a second via represent back. In discussion seeing none all in favor say aye. Passage thank you very much thank you. Has. Your. Okay. A senator DISMANG you're recognized at this time. Just hit me real quick. Thank you Mr chairman in this is got to do with the one twenty seven the breast care program talk staff that caucus is not met in years and so that report is just setting now what they'll see about to make make a motion to adopt the language with the exception of the mention of the the women's caucus replace that with the chairs of public health. Order the chairs public health you're the motion. Any discussion. I have a second. Second I have a second all in favor say aye. Those opposed say no. Senate passes is amended. Okay also own the. Community the. Under community corrections. Of all the employee page Senator anybody from the AG's office here. Well they're checking on that our our next meeting will be November the tenth at seven thirty AM and mac K. here. Okay seeing there's someone from the attorney general's office we will request them at the next meeting. Any other business come before us. Seeing none we are adjourned.
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Agenda

A. Call to Order

3:48

B. Batch Agencies with Special Language requiring date changes only

4:20

C. Special Language for Review

13:17

D. Other Business

1:22:57

E. Adjournment

1:23:20

Speakers