Arkansas Legislative Council: Adminstrative Rules and Regulations – November 16, 2009
Posted on November 16th, 2009
Date & Time: Monday, November 16, 2009 at 9:00 PM
Location: Room 151, State Capitol
Committee Information: Members on Committee
Agenda
9:00 am – The meeting called to order by Senator Percy Malone.
9:02 am – The Interim Study Proposal 2009-190 by Represenative Steve Cole was approved. Rep. Cole asked that the Act 971 not be implemented (his own bill) until the ISP was completed.
9:10 am – The State Board of Public Accountancy submitted rules to be approved. They had slipped in a fee increase that was not approved in associated legislation. The agencies have a bad habit of doing this sort of thing, at every opportunity they slip in stuff like this. Senator Malone stated that sometimes these agencies are out of control. Upon realizing that the committee may not review the rule changes, Leveta Ray from the State Board of Public Accountacy offered to strike the fee increase in order to get the rest of the rule changes implemented.
9:32 am – There are alot of questions for the representative of the State Board of Public Accountacy. I just pulled up Act 93 on the computer. Fees aside, these rules seem to violate the intent of the Act 93. This rule change was held for further review.
9:42 am – Richard Bell, of the Arkansas Agriculture Department, is presenting information onf the Arkansas Milk Stabilization Program Grants. There have been about $3.5 million in grants let. The program has worked to stabilize the decline of milk production in Arkansas and has in fact caused and increase in milk production in Northwest Arkansas.
9:47 am – Arkansas Development Finance Authority is presenting new rules for 2010 Compliance Monitoring Policies and Procedures Manual for the Low Income Housing Tax Credit Program, 2010 Multifamily Housing Minimum Design Standards, and the 2010 Housing Credit Program Qualified Allocation Plan.
9:55 am – The Department of Education is presenting rules changes that effect, Public School End-of-Course Assessments and Remedication, Public Charter Schools, Calculation Methods for Declining Enrollment and Student Growth Funding for Public School Districts, Reimbursement by School Districts for Election Expenses, Identifying and Governing the Arkansas Fiscal Assessment and Accountability Program, Highly Qualified Teachers, Regulatory Basis of Accounting, Waiver of the Earnings Limitations under Arkansas Teacher Retirement System, Calculation of Arkansas Smart Core Incentive Funding, and Limited Charter Schools.
10:02 am – Senator Bledsoe and Rep. Mike Burris are asking questions about the remediation requirements. Specifically how metrics will be used to measure and minimize the amount of remediation required when students get to college.
10:21 am – Many many questions being asked by legislators about remediation and end of course examinations.
10:29 am – I am wondering what percentage of students are not currently performing at grade level, of those what percentage are recieving special education or some other sort of remediation to bring them up to grade level. Of those who are neither performing at grade level nor recieving special instruction, how many are being advanced to the next grade.
10:56 am – We are still covering Department of Education rule changes. This is by far the most extensive amount of rule changes. I would have never thought that the majority of the time and difficulty in state government would center of the education of children.
11:09 am – We are still covering Dept. of Ed. rule changes. I have only nodded off twice so far. I now know and sympathize with Ronald Reagan’s occasional nap during meetings.
11:12 am – We are now covering rules changes by the Board of Registration for Professional Engineers and Land Surveyors. They have mostly just updated rules to match other national trends. There are several fee increases that are driven by costs of examinations by NCEES.
11:20 am – The Department of Environmental Quality, Regulated Storage Tanks Division is presenting Regulation No. 12; Storage Tanks. Sen. Hendren is asking about liens so that the State can recover clean-up costs.
11:22 am – The Department of Finance and Administration Revenue Division presented rule changes for Charitable Bingo and Raffles that were brought about by and act sponsored by Rep. Pennartz and myself during the last session.
11:24 am – The Department of Arkansas Heritage, Arkansas Historic Preservation presented rule changes for the Arkansas Historic Rehabilitation Income Tax Credit Program and the Arkansas Civil War Sesquicentennial Historical Marker Program.
11:27 am – The Dept. of Human Services, Children and Family Services presented changes to the DCFS Policy Manual; Board Rate/Adoption Subsidy Increase.
11:28 am – The Dept. of Human Services, Developmental Disabilities Services presented an change to DDS Policy #1086; Human Development Center Admissiona and Discharge Rules.
11:29 am – The Arkansas Department of Human Services , Medical Services presented new rules concerning Assited Living Facilities, Billing for Essure Procedure and Device, Diagnosis Codes, the State Plan Amendment, and the Independent Choices Update.
11:35 am – DHS is implementing a rule that will allow seniors to participate in an Independent Choices program that will allow them to self direct their own home care. Apparently Sen. Malone didn’t like seniors to have this option because they might use the funds to pay a relative to provide those services. Admittedly there is some room for abuse of the system, but it is nice that DHS is providing this choice to seniors.
11:38 am – The Insurance Department presented rule change to Rule 57 related to Insurance Department Adminstrative and Regulatory Fees.
11:39 am – The Oil and Gas Commission presented rule changes related to Abandoned or Leaking Well and Well Site Remediation, Class II Disposal and Class II Commercial Disposal Well Permit Application Procedures.
11:41 am – The State Board of Optometry presented rule changes for Applications for Examination, Procedures for Emergency Situation in Optometrist Clinic, and Prescribing Oral Steroids.
11:57 am – There has been a lot of questions and comments about this subject. The committee is holding this and asking for the committee to reconsider this. Part of the problem is that this is being slipped in under “rules” that should only be presented to the legislature as a bill.
12:11 pm – The poor and disrespectful attitude of Mr. Bill Trice, the attorney representing the Board of Optometry, probably undermined the legislators willingness to consider these rule changes today.
12:21 pm – The Department of Parks and Tourism representative Joe Jacobs presented rule changes that increases park fees and rates. Senator Hendren is worried that we will be pricing the camping sites out of the reach of poor people. The rule was reviewed.
12:25 pm – The State Board of Pharmacy is presenting a rule change on Regulation 09; Pharmaceutical Care/Patient Counseling. This rule change strikes testing requirements for tests that no longer exists.
12:29 pm – Meeting adjourned.
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