The 529th meeting of the Legislative Research Commission was held on Wednesday, September 2, 2009, at 1:30 PM, in Room 125 of the Capitol Annex. Senator David L. Williams, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator David L. Williams, Co-Chair; Representative Greg Stumbo, Co-Chair; Senators Carroll Gibson, Dan Kelly, Dan "Malano" Seum, Katie Kratz Stine, Johnny Ray Turner, and Ed Worley; Representatives Rocky Adkins, Larry Clark, Robert R. Damron, Bob M. DeWeese, David Floyd, Jeff Hoover, and John Will Stacy.
Guests: John Hicks
LRC Staff: Bobby Sherman and Christy Glass.
Senator Williams called the meeting to order and the secretary called the roll. There being a quorum present, Senator Williams called for a motion to approve the minutes of June 3, 3009; accept Items A. through Q. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through AA. under New Business; accept and refer as indicated items 1. through 25. under Communications; and approve Resolutions A. through D. A motion was made by Representative Clark and seconded by Representative Seum. A roll call vote was taken and the motion passed unanimously. The following items were approved, accepted or referred:
STAFF AND COMMITTEE REPORTS
A. Information requests for June through August 2009.
B. Committee Activity Report for June through August 2009.
C. Reports of the Administrative Regulation Review Subcommittee meetings of June 9, July 14, and August 11, 2009.
D. Committee review of administrative regulations by the Interim Joint Committee on Education during its meetings of June 8 and July 13, 2009.
E. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of June 11 and August 12, 2009.
F. Committee review of administrative regulations by the Interim Joint Committee on State Government during its meeting of July 29, 2009
G. Committee review of Executive Reorganization Order 2009-363 by the Interim Joint Committee on Health and Welfare during its meeting of June 11, 2009.
H. Committee review of Executive Reorganization Order 2009-513 by the Interim Joint Committee on Health and Welfare during its meeting of June 11, 2009.
I. Committee review of Executive Reorganization Order 2009-536 by the Interim Joint Committee on Education during its meeting of July 13, 2009.
J. Committee review of Executive Reorganization Order 2009-539 by the Interim Joint Committee on Education during its meeting of July 13, 2009.
K. Committee review of Executive Reorganization Order 2009-540 by the Interim Joint Committee on Local Government during its meeting of July 29, 2009.
L. Committee review of Executive Reorganization Order 2009-543 by the Interim Joint Committee on Local Government during its meeting of July 29, 2009.
M. Committee review of FY 2009-2010 Child Care Development Fund Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of June 11, 2009.
N. Committee review of SFY 2010 Social Services Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of June 11, 2009.
O. Committee review of FY 2010 Low Income Home Energy Assistance Program (LIHEAP) Block Grant Application by the Interim Joint Committee on Special Subcommittee on Energy during its meeting of June 19, 2009.
P. Committee review of Executive Reorganization Order 2009-661 by the Interim Joint Committee on Health and Welfare during its meeting of August 12, 2009.
Q. Committee review of FY 2010-11 Community Services Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of August 12, 2009.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 2 (relating to taxation and declaring an emergency, BR 66 (relating to the gross revenues and excise tax fund and declaring an emergency), BR 73 (relating to investment of the Local Government Economic Assistance Fund balances) to Appropriations and Revenue; BR 23 (relating to insurance licensing), BR 24 (relating to insurance loss run statements), and BR 121 (relating to health insurance) to Banking and Insurance; BR 60 (relating to Kentucky State Parks) to Economic Development and Tourism; BR 75 (relating to the Education Professional Standards Board), BR 82 (relating to school attendance), BR 115 (relating to charter schools), BR 123 (relating to the Kentucky educator award and recognition fund and making an appropriation therefor), and BR 132 (a concurrent Resolution directing the Legislative Research Commission to create a task force to establish a strategy to provide home laptop computers for middle school students) to Education; BR 10 (relating to childhood hearing loss) and BR 11 (relating to smoking cessation) to Health and Welfare; BR 38 (relating to shock probation), BR 49 (relating to criminal record expungement), BR 65 (relating to domestic relations and declaring an emergency), BR 98 (relating to mental illness), BR 133 (relating to dating violence), and BR 145 (relating to dating violence) to Judiciary; BR 12 (relating to the Kentucky Board of Examiners of Psychology) to Licensing and Occupations; BR 16 (relating to fire protection subdistricts) to Local Government; BR 50 (a concurrent Resolution affirming the principles of the Ninth and Tenth Amendments to the United States Constitution and declaring that the United States Constitution will be nullified if the federal government assumes further powers that it does not possess), BR 54 (a concurrent Resolution claiming sovereignty over powers not granted to the federal government by the United States Constitution; serving notice to the federal government to cease mandates beyond its authority; and stating Kentucky’s position that federal legislation that requires states to comply under threat of loss of federal funding should be prohibited or repealed), BR 87 (relating to open records), BR 93 (proposing to repeal Section 233A of the Constitution of Kentucky relating to marriage), and BR 124 (a concurrent resolution urging support for the Second Amendment of the United States Constitution and urging Congress not to enact any law that would infringe on the right to bear arms under the Constitution of Kentucky) to State Government; BR 47 (relating to highway signs), BR 57 (joint Resolution designating Kentucky Route 8 in the city limits of Dayton, Kentucky in honor and memory of Staff Sergeant Nicholas R. Carnes), BR 58 (a joint Resolution designating Kentucky Route 8 in the city limits of Bellevue, Kentucky in honor and memory of Sergeant Justin A. Scott, BR 118 (relating to personal communication devices), BR 135 (relating to water transportation and making an appropriation therefor) and BR 168 (relating to public safety) to Transportation.
B. Referral of the administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 103 KAR 3:020 (Sales and telecommunications forms manual), 103 KAR 3:050 (Miscellaneous taxes forms manual), and 105 KAR 1:390 & E (Employment after retirement) to Appropriations and Revenue; 806 KAR 6:100 (Actuarial opinion and memorandum) to Banking and Insurance; 300 KAR 7:010 (Golf carts, all-terrain vehicles and horse trailers) to Economic Development and Tourism; 16 KAR 8:030 (Continuing education option for certificate renewal and rank change) to Education; 201 KAR 21:090 & E (Coursework for two (2) year prechiropractic education) to Health and Welfare; 500 KAR 2:011 (Repeal of 500 KAR 2:010) and 500 KAR 2:020 (Filing and processing SLEO commissions) to Judiciary; 803 KAR 2:300 (General), 803 KAR 2:306 (Occupational health and environmental controls), 803 KAR 2:308 (Personal protective equipment), 803 KAR 2:311 (Fire protection), 803 KAR 2:320 (Toxic and hazardous substances), 803 KAR 2:402 (General safety and health provisions), 803 KAR 2:403 (Occupational health environmental controls), 803 KAR 2:417(Steel erection), 803 KAR 2:425 (Toxic and hazardous substances), 803 KAR 2:500 (Maritime employment) and to Labor and Industry; 201 KAR 11:230 (Continuing education requirements), 201 KAR 16:015 (Fees), 201 KAR 30:010 (Definitions for 201 KAR Chapter 30), 201 KAR 30:030 (Types of appraisers required in federally-related transactions; certification and licensure), 201 KAR 30:040 (Standards of practice), 201 KAR 30:050 (Examination, continuing education, and experience requirement), 201 KAR 30:070 (Grievances), and 201 KAR 30:180 (Distance education standards), and 815 KAR 35:100 (Electrical continuing education procedure) to Licensing and Occupations; 815 KAR 8:041 (Repeal of 815 KAR 8:040) and 815 KAR 20:191 (Minimum fixture requirements) to Local Government; 401 KAR 5:002 (Definitions for 401 KAR Chapter 5), 401 KAR 5:005 (Permits to construct, modify, or operate a facility), 401 KAR 5:055 (Scope and applicability of the KPDES Program), 401 KAR 5:060 (KPDES applications requirements), 401 KAR 5:065 (KPDES permit conditions), 401 KAR 5:080 (Criteria and standards for the Kentucky Pollutant Discharge Elimination System), 401 KAR 8:010 (Definitions for 401 KAR Chapter 8), 401 KAR 8:022 (Sanitary surveys), 401 KAR 8:075 (Consumer confidence reports), 401 KAR 8:510 (Disinfectant residuals, disinfection by-products, and disinfection by-product precursors), and 401 KAR 8:600 (Secondary standards) to Natural Resources and Environment; and 201 KAR 37:010 & E (Kentucky Veterans’ Program Trust Fund, administration of fund) to Veterans, Military Affairs and Public Protection.
C. From Senator Tom Jensen and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Natural Resources and Environment: Memorandum requesting authorization and appointment of membership for the Subcommittee on Regulated Utilities of the Interim Joint Committee on Natural Resources and Environment.
D. From Senator Tom Buford and Representative Jeff Greer, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meet on November 12 in Louisville rather than the regular meeting date of November 24. There are four potential conflicts.
E. From Senator David Givens and Representative Tom McKee, Co-Chairs, Interim Joint Committee on Agriculture: Memorandum requesting authorization and appointment of memberships for the Subcommittee on Rural Issues and the Subcommittee on Horse Farming of the Interim Joint Committee on Agriculture.
F. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing the membership of the Task Force on Economic Development of the Interim Joint Committee on Economic Development and Tourism.
G. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing the membership of the Task Force on Elections, Constitutional Amendments, and the Intergovernmental Affairs of the Interim Joint Committee on State Government.
H. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing the membership of the Special Subcommittee on Energy.
I. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Representative Linda Belcher to the Interim Joint Committee on Economic Development and Tourism and the Task Force on Economic Development of the Interim Joint Committee on Economic Development and Tourism.
J. From Senator Tom Buford and Representative Jeff Greer, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meet on September 30 at Eastern Kentucky University rather than the regular meeting date of September 22. There are no apparent conflicts.
K. From Senator David Givens and Representative Tom McKee, Co-Chairs, Interim Joint Committee on Agriculture: Memorandum requesting Representative Fred Nesler be removed from the Subcommittee on Rural Issues and reassigned to the Subcommittee on Horse Farming and Representative Wilson Stone be removed from the Subcommittee on Horse Farming and reassigned to the Subcommittee on Rural Issues.
L. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Senator Bob Leeper as Co-Chair of the Interim Joint Committee on Appropriations and Revenue.
M. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Ms. Ann Henn to the Kentucky Legislative Ethics Commission.
N. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Senator Bob Leeper as a member and Senate Co-Chair of the Subcommittee on 2010-2012 Budget Preparation and Submission.
R. From Bobby Sherman: Contract for Publication of Statutes and Web Versions of Regulations.
S. From Senator David Givens and Representative Tom McKee, Co-Chairs of the Interim Joint Committee on Agriculture: Memorandum requesting approval to meet on October 8, rather than the regular meeting date of October 14. This will be the third out-of-town meeting. There are twelve (12) potential conflicts with two other committees.
T. From Senator Damon Thayer and Representative Steve Riggs, Co-Chairs of the Interim Joint Committee on Local Government: Memorandum requesting approval to meet on September 24 in Covington in conjunction with the Kentucky League of Cities Annual Conference, rather than the regular meeting date of September 23. There are nine (9) potential conflicts.
U. From Bobby Sherman: Memorandum requesting approval of prefiling deadlines for the 2010 Regular Session.
V. From Bobby Sherman: Memorandum requesting approval of the Proposed 2010 Regular Session Calendar.
W. From Senator Brandon Smith and Representative Keith Hall, Co-Chairs, Special Subcommittee on Energy: Memorandum requesting approval to meet on October 7 in Pikeville rather than the regular meeting date of October 16. There are two (2) potential conflicts.
X. From Senator Bob Leeper and Representative Rick Rand, Co-Chairs, Subcommittee on 2010-2012 Budget Preparation and Submission: Final Report of the Subcommittee on 2010-2012 Budget Preparation and Submission.
Y. From Senator Robert Stivers and Representative John Tilley, Co-Chairs, Interim Joint Committee on Judiciary: Memorandum requesting approval for an additional meeting of the Subcommittee on the Penal Code and Controlled Substances Act on Monday, October 19 in Louisville. This would count as the fourth out-of-town meeting for the Interim Joint Committee on Judiciary. There are no apparent conflicts.
Z. From Senator Damon Thayer and Representative Mike Cherry, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting approval to meet on October 7, in Princeton, rather than the regular meeting date of October 28. There are twenty-one (21) potential conflicts with three other committees.
AA. From Representative David Floyd: Memorandum requesting LRC recognition of the Bourbon Trail Caucus and identification of membership.
COMMUNICATIONS
1. From the Office of the Attorney General: Constitutional Challenge Reports for the months of April, May, and June 2009.
2. From the Cabinet for Health and Family Services, Kentucky E-Health Network Board: 2008 Annual Report.
3. From Kentucky Employers’ Mutual Insurance: Letter advising that KEMI’s 2008 Annual Report has been posted to kemi.com.
4. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of May, June, and July 2009.
5. From the Cabinet for Health and Family Services, Department for Mental Health, Developmental Disabilities and Addiction Services: Response to the recommendations of the Auditor of Public Accounts performance audit.
6. From the Kentucky Council on Postsecondary Education: Letter regarding compliance by public higher education institutions with the provision of information on preventing transmission of HIV/AIDS to freshmen and transfer students.
7. From the Auditor of Public Accounts: Simpson County 2007 Sheriff Tax Settlement Audit.
8. From the Auditor of Public Accounts: Simpson County Sheriff 2007 Fee Audit.
9. From the Auditor of Public Accounts: Trigg County 2007 Sheriff Tax Settlement Audit.
10. From the Kentucky Commission on the Deaf and Hard of Hearing: Telecommunications Access Program (TAP) Annual Report for FY 09.
11. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for each loan approved as of the quarter ending June 30, 2009.
12. From State Budget Director Mary E. Lassiter: June and July 2009 monthly updates on AARA formula funding.
13. From the University of Kentucky, Kentucky Tobacco Research & Development Center: Quarterly Report for April 1-June 30, 2009.
14. From the Kentucky Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending June 30, 2009.
15. From the Kentucky Judicial Form Retirement System: Operating Statement for FY 2009; list of investments held by the Fund as of June 30, 2009; and Portfolio Valuations of the Fund as of June 30, 2009.
16. From the Advisory Committee on Services for the Deaf and Hard of Hearing: 2009 Biennial Report.
17. From the Kentucky Assistive Technology Loan Corporation: 2008 Annual Report.
18. From the Cabinet for Health and Family Services, Office of the Inspector General: FY 2009 Joint Report of the Medicaid Fraud Control Unit of the Office of the Attorney General.
19. From the Cabinet for Health and Family Services, Office of the Secretary: FY 2008 Assisted Living Revenues and Expenditures Report.
20. From the Kentucky Employers’ Mutual Insurance: Statement of Assets, Liabilities, and Surplus as of June 30, 2009; Statement of Income as of June 30, 2009; and Statement of Solvency for the six months ended June 30, 2009.
21. From Kentucky Employers’ Mutual Insurance: Quarterly Statement and Financial Status for the period ending June 30, 2009.
22. From the Finance and Administration Cabinet, Office of Administrative Services: Report of Permanently Assigned Vehicles as of August 1, 2009.
23. From Adjutant General Edward W. Tonini: Military Family Assistance Trust Fund, FY 2009 Annual Report.
24. From the Tourism, Arts and Heritage Cabinet: 1% Transient Room (Lodging) Tax Progress Report for FY 2009.
25. From the Commission on Small Business Advocacy: FY 2009 Annual Report.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Joseph M. Flannery.
B. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Thomas A. Saladin.
C. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Robbie Castleman Terry.
D. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of William J. Schickel.
OTHER BUSINESS
Senator Kelly asked to be recognized and informed the members that parts of counties of Kentucky are to be designated as a National Heritage Area. This would be a national designation that would have some fifteen (15) years of federal funding streamed to help Kentucky coordinate and promote its Lincoln Heritage areas and national historic area. He advised the members that he has information on this if anyone is interested.
Mr. John Hicks, Assistant State Budget Director, was then introduced as a guest speaker. Mr. Hicks handed out the August 2009 monthly update on ARRA formula spending, which was accepted and referred as part of the Agenda. Mr. Hicks advised that in that report, the composition of which is basically the federal grant programs that come through Kentucky State Government. Mr. Hicks indicated that this would be a monthly report to LRC that updates the members on the status of the various grant programs, where they are in their progress and decisions that have been recently made. The other piece of item in the report is the amount of spending that has occurred, cumulatively to date. At that time, Mr. Hicks went over amounts in the August report. He did advise the members that a lot of other programs are still under way, and in some cases Kentucky has not been awarded all of the funds, but they will be forthcoming from the various federal agencies. Mr. Hicks noted that Kentucky has not yet received any competitive grant awards. He said there are many underway, but the federal agencies have not yet made a lot of those decisions, and as those decisions are made, and awards are received, they will add those to this status list and report to LRC monthly.
Mr. Hicks informed the members that there were a handful of recent announcements on things that have gone under the Clean Diesel Program. Twenty-three (23) school districts have received funding to help retrofit school buses. There was also a small grant of 1.8 million dollars for school lunch equipment and forty-seven (47) school districts recently received funding for that.
Mr. Hicks also advised the members that several other grant programs from which local entities will be receiving funds are still under decision making. Among the most prominent are the BURN Justice Assistant Grants that are used a lot of times for drug task forces and other local criminal justice law enforcement uses. Those decisions are made by the Justice and Public Safety Cabinet.
Mr. Hicks then asked if there were any questions from the members.
Representative Adkins asked who made the decisions regarding BURN Grants, Department of Education grants and various other grants.
Mr. Hicks said that most of the funds are additional funds to programs that already exist; for example, the BURN JAG program. That program already exists, so there are already a set of requirements on the decision process. In this case, the Justice and Public Safety Cabinet puts out the RFP’s to local law enforcement. They bring them in and have review teams that evaluate them, the same as with the Kentucky Department of Education on the school lunch program.
Representative Adkins then asked who picks the review team.
Mr. Hicks responded that internally, the Department and Cabinets make those selections on the individuals.
At that time Senator Gibson asked if there has been any funding that Kentucky, or possibly the Transportation Cabinet, has not received because it did not meet time lines.
Mr. Hicks advised at this point, that Kentucky has met all time lines required to date.
Senator Gibson asked if the Federal Government had extended any time lines to which Mr. Hicks replied, “no, sir.”
Senator Williams asked Mr. Hicks if there is a list of grants available on the internet or anywhere in terms of who is to receive them for decisions already.
Mr. Hicks said that essentially what is out there right now is that that information is inside certain press release type documents that are on the internet. Senator Williams asked if the Department could provide a comprehensive list and post it or give it to LRC so that it can be put it on the web, so that everyone would have an opportunity to look at it. Mr. Hicks said he would be glad to provide that for all of the sub grants that he just mentioned that have been awarded.
There being no further business, the meeting was adjourned at 1:45 p.m.