ALC-JBC Special Language

Members if you're out in the lobby around can you can you be making your way up to the front go ahead take your seat like. It's going to get started chair sees a quorum members we've got a large number of items to batch here so if you can be looking over those but first on the agenda is some propose language for department education and I will if you could get your mind absent a five. Let you explain that that piece of that's okay or you would would you rather have staff. No it's not popping up. Yes Sir you're recognized all right. Hi Lee County we've The bill pass sales tax for a for a career and technical education center. It is about a forty million dollar bond of we've got six school districts of come together in which to the to go to in this project. we have sales tax this cannot be used the for for management maintenance and operation of the center what we're gonna be able to do is be able to take the state board career education center the money that comes per student and be able to use that if we can. But thank you do have any questions on language. Seeing none which will committee we have a motion to adopt by rips in five seconds by. Me all those in favor signify by saying aye those opposed all right. Languages been adopted now we're gonna move on we had a little bit of carry over from meeting I guess two meetings ago relation to the employment of attorney language for the dental examiners board medical board and board of optometry that item is on page ten volume one in your report. It's a just have a couple questions we could for the I believe it's AG's office about the language. So if there's Representative. Good good recognized suffer the committee. Good morning members Corey **** chief staff attorney general's office. Good morning members Brighton I am with state agencies at the attorney general's office good morning Hey just real quick so we talked a little bit about this outside the meeting but how long is this special language been caring for so the tear how to that specific question about the the the special language Senator I'm not sure exactly how long the special language is being there but there is a statute that is is on point in is essentially says the same thing that the the special language says which is the Arkansas code twenty five sixteen seven oh to which cities in essence that any department institution agency that needs the services of an even an attorney in the Attorney General fails to render the services when requested then riding then the governor may appoint counsel to look over the matter or may authorize the employment of counsel by A by the agency needing the services of an attorney we. Have traditionally represented most state agencies there or a few that have an outside counsel racing commission Lotfi the natural resources council being three of the we're sure of there may be some that's done with the agencies that are outside of the there being constitutional entities on their own like game and fish but I would I would imagine that those that special language has been there for a rather long time because that's just just the way that it's set up under statute okay so if we've already got statute in in this is just read done in some ways and so there there should really be no issue just not adopting special language let the statute that's in place take hold and FOR I will defer to the legislature on ahead with it we we've got a statute that says that so I think would be okay okay all right sounds good and members you all have any questions on again this is volume one page ten and eleven. Six sixty one I'm not sure who that is yeah. Thank you Mr let me ask you based on where this language reach can you tell me how. how less of a demand it's gonna be on the Attorney General with shared services and transformation and with the reconfiguration very thing are you gonna see a lessening of your load because of that. At. A Senator hammer thank you for the question at and I think you and I had spoken about this previously a couple meetings back but with transformation some of the smaller boards and commissions especially that we've previously represented while we still represent them as they've transitioned under departments that already have a chief counsel an in house counsel we've seen that the workload for some of those committees and boards has lessons for lesson for us and our state agencies department is is fully staffed and we do have the capacity to represent these additional ones that are coming over to us. Thank you put together spreadsheet what that would look like as far as to come and go engine and give ME UP give me a visual picture of of who you're gonna be picking up and who you're gonna be dropping off and how that relates to increase manpower decrease manpower made your manpower will have to work as hard stages late and all that kind of stuff could you get something together for me like that Senator I would be happy to do that and and and usually just as a comment the only three that we are bringing on currently is optometry dental and the medical board then I'll be happy to put together a spreadsheet of those that are either being taken over in the house by a particular departments chief counsel and those that we are still representing but we're seeing less day to day questions because in house counsel is answering some of those general counsel type questions that we've typically been involved with that now we're not nearly we're not seeing the same on the phone calls for so yes okay if nothing else it help me know which. And I apologize we are bringing on the accountancy board as well okay it if nothing else it help me know which one you're turning east call for a question about some without having to you know labor you all down so thank you Mr. I think a. One quick comment on the yeah go ahead I was recognized from there now repeated it that's okay to take the lead so what on this issue and you know labor licensing is a good place where you're going to see the legal costs of the because a lot of small boards and commissions that probably occupied a great deal of their time is now being absorbed by the department but. Those are limited legal resources to really day to day routine stuff. One of the board or commission gets involved in a big litigation or there's a big loss to work still gonna avail ourselves of the Attorney General so it's not going to be a clean hand off or a hundred percent goes to the boards or commissions or the hunt recess stated the AG's office. I wish I had a clear answer for that in some of that's true of already with their I would say probably ninety percent of the agencies when they get litigation come to us I know we got DHS here I know the rule is a DHS if it's a if it's a jury trial it comes to us in the the boards in question they they send things to us a pretty regular we're just having a a claims commission case sent over to us so it's it's the general practice of of agencies that if they have in house counsel if they get into especially complex litigation I give it to us. I think that is initially restate what he had to say also sent Mister Sir just one quick one when you when you represent agency like that do you charge backed your time to that agency years at absorbing your budget what we have the ability to do that but we we don't as a practice. Generally if they're the if there are some cost that we can identify their specific of transcripts of if we're doing an appeal expert witness fees we from time to time send them a bill for that but generally now we we don't it's it's a we have a budget that allows us to to support these agencies with with attorneys and with all the legal fees associated. Okay thank you Mr I thank you. All right at thank that is everyone had a couple that were on and then rolled off to have any other questions comments. Okay. I've got a motion to not adopt this special language. I have a second. Second all those in favor of say aye. All those opposed thank yes thank you thank you and then like I said if we need some additional language you feel like something doesn't fall into the statute and let's and this is for every agency we need to start moving towards things that a recurring forever to get out the special language and moving the statute if they really need to be there so thank you. Alright members that's going to bring us to the item be which is the batch agencies and special language requiring date changes only. We have any questions on any of the items in section be. I do have one so this is DHS medical services five forty three the pharmaceutical dispensing fee survey. It's the right one. If I could just get a little bit of background click to buying. A little bit of background on that language. So that Sir volume five page forty three. Mark what with DHS and serving which motor take a look at it and yes. And also a center I don't agree background on the history in terms of how long it's been there I mean this does fit with our normal practice run rate reviews no these are the types of illness would want to look at we're sitting dispensing fees for pharmaceuticals so something out of the ordinary I would say and and and some night and we've had a problem with historically okay so and again just to to repeat back if we can get some of this stuff is gonna be recurring at your number operations I'm not sure the background on why it was there why some of the land and there's some. Interesting pieces of language or sentences in this but if if we could you know before the session start taking a look at these items and get amend statute if the need to be so the full membership can have a discussion on them but with that I'm I'm fine with moving forward yes Sir will do that Sir with any other questions on in the items in section be. Seeing none out there we go. Senator hammer you're recognized for a question quick question missed white based on this special language here one was last time the survey was done and did we adjust as the special language I think. Direction did we adjust the dispensing fee according to the last survey. Yes that's my first day that we did a survey in the adjusted based on the survey and we also to national standards in making those decisions are what that fee was. Not often but I can get that for you if you don't mind please thank you Mr. All right see ten. Thank you Mr chair I'm on page thirty one of the volume the carry forward upon obligated general revenue. Is is there usually unobligated revenue this carry forward for senior centers. If so we'll come over here mark. So there is. Server love A I have a news you best of what conceive how these pledge class and grade. So yes I know last year we did have the full five hundred thousand those available in the fund so that's carryover front across the department that the that's what from I believe the same was true for this year I can double check on that but I know we did last year. Okay. In. He said this is a collection the record throughout the senior centers is that correct right DHS sort of all the unobligated funds we have at the end of the year and then of those before any sweat back to the F. and A the first five hundred thousand is diverted to Yasser singles chart thank you this this I just want to clarify that the staff have a comment the third. They did Kerry for the full five hundred thousand dollars in this office from last fiscal year into this fiscal year and just to clarify this is not include the Medicaid grants paying appropriation these are all the fund accounts that fund operations for the individual divisions within the department. Okay alright thank you. Thank you. With any other questions. Comments on any items in section be. All right what's will the committee. We got a motion to batch adopt. The all the items in section be we have the second by Representative fight all those in favor signify by saying aye. All those opposed all right motion carries moving on to of section C.. With that will turn it over staff with the the secretary's office first. Members this is volume five pages one two and five. And you're recognized thank you Mr chair and the first is on page one of mental five and it is for the director's office off the chief counsel participate finance it allows a chief counsel DHS to transfer up to twelve thousand dollars in the bank account for the purpose of investigating the stamp fraud and set forth requirements for accounting of privacy and that agencies requesting changes to transformation the requesting that the director be struck and secretary be added within the title because her title is different now and in the executive provides for the agency's request. And what was rolled through the three. on page two is the Human Services renovation fund is establishes the DHS renovation fund the uses for the fun and funding sources it allows a maximum of five million dollars from any of the listed divisions to be transferred in any fiscal a in any fiscal year it requires approval by the chief fiscal officer of the state the governor in AOC JBC and it's usually done as part of a reallocation of resources the agency's requesting changes to transformation they have title changes on pages three I believe and FOR from director to secretary because that's that tied her title has changed and executive provides for the agency's request. On page five is the transfer authority this section governs transfers and Leah allocations their utilized by between multiple divisions it listen detail all the transfer authority specific to the department in one place some of this is in code some of it is not in code It sets out restrictions and reporting requirements that are associated with the DHS renovation fund match transfers and resource free allocations they're requesting for this one changes to the transformation changing director to secretary in several places if you look on page six about. Think it's around it's about halfway down you'll see the debate you'll see the work department four times and that in a row at the very beginning of the sentence that last one it says the director and that one is not marked up and it needs to be marked up so that it matches the rest of it and and the remaining except for that as the executive provides for the agency's request and I think that that should be changed as well in order to be in line with what else with the rest of the language And that's all that I think I have for the secretary's office. Thanks very much to have any questions or comments on any of the items related to could to the secretary's office. Art sing and I think so I think we're gonna need a a motion to adopt so. With the additional changes to strike the director and replace the secretary. By that motion. Hold on just a second. Now we're off their we are back on Senator hammer. I have a question okay Steph question Sir you're recognized I'm page two and three. If I'm reading this right the money is originally established for the purpose of unexpected repairs that were unforeseen to the tune of five million dollars is that correct. Yes okay but they want to get over further in that it says. Carry over into next fiscal year and all obligated general revenue funding that may remain in the funding of fish year carried to satisfy any legal and contractual obligations that have been entered into the prior into the fiscal year. Is is that for the purpose of the all right is that just so that for projects starch in one year and it carries over into the next year that they have the the funding to do so yes Sir that's my understanding Europe have now how much carryover there is do you. Not off the top of my head but I can get you that information you don't mind please thank you Mr. The questions or comments. again so we're gonna need a motion to adopt with the exception of adjusting the language related the correct to director and changing that to secretary with motion by Representative fight if a second by Senator von others favor signify by saying aye. All those opposed motion carries a moving on to division of aging adult and behavioral health services you're recognized thank you Mr chair that language that we can talk about for aging adult behavior health services begins on page twenty seven and it is for aging adult services state match authorized it's is the director of the department is the authorized to use state funds to match federal funds available under title three and title five of the older Americans act social services block grant or other such federal funds they may become available. there agency is requesting to change the title for duty transformation from director to secretary and the executive provides for the agency's request. To have any questions. seeing none. I have a motion to adopt abruption five second by Senator bond all those in favor signify by saying aye. All those opposed motion carries next up is DHS medical sorry county operations you're recognized thank you Mr chair the next one is on page thirty four of manual five and it is for interagency transfers state general revenue for temporary assistance for needy families programs of this allows for transfer of up to a little over three point six million dollars to the division of county operations from work for services for the ten of program the agency's requesting changes to your transformation here the references to the director now secretary and they're also changing department of workforce services to division of workforce services in executive provide to the agency's request. I thank you any questions and comments seeing none we have a motion. With a motion to adopt exactly wrecked by rescinded fight a second by Senator bond all those in favor signify by saying aye. All those opposed motion carries next up is a medical services you're recognized and thank you Mr chair the next one that we can talk about it on page sixty an answer transfers of appropriations and this is actually in the Medicaid tobacco settlement act appropriation bill and it governs the transfers of appropriations within the tobacco settlement appropriations the DHS has they have to be there set forth differently and and so they had to have their own transfer of appropriations language and they are that request is changes or do you requested you to transformation from third director two secretary and the department of information systems to division of information systems and the executive provide to the agency's request. Thank you do have any questions or comments. Right. Seeing none with a motion to adopt exact rack by Representative fight a second by Representative Jean all in favor signify by saying aye all opposed motion carries. and then it looks I guess is the last the do you services division. Thank you Mr chair at these two pieces of language are for the division of youth services and they begin on page sixty three at the first one provides a mechanism to transfer funding for the division of youth services to pay for the juvenile ombudsman program and they can transfer after two and forty thousand dollars a year and they're requesting changes due to transformation they're changing director of the department of Human Services secretary the department of Human Services. And then on page sixty four there's another transfer and this is for local juvenile detention facilities and provide the transfer of four hundred thousand dollars to DFA disbursing to fund the juvenile detention operations appropriation these approach this appropriation is housed in DFA disbursing it is for local area juvenile detention centers this is not finding the a juvenile treatment centers that DYS runs and the Spencer distribute bait distributed based on special language that is in D. F. A.'s disbursing appropriation special language in there bill and they're requesting changes due to transformation from director to U. secretary and the agent the executive provides for the agency's request. Alright thank you to any questions or comments. Seeing none we have a motion to adopt exactly wrecked by a written five second by Representative Jean all those in favor signify by saying aye. All those opposed motion carries a members of the I think this concludes our our committee bit business add we have any other business anything anyone like to bring forward. All right with that a I just remember it was we get in this next session I'd really like to focus on getting rid of some the special language putting in statute where possible we say this every single year since I've been years let's. Ten plus at this point so if we can have really kind of buckle down and get some of that done so that the lot of the stuff is heard in front of the full body not just in this committee and we also get to the understanding of why this special language existence importance with that seeing no other business we are adjourned thank you members for your time.