The 530th meeting of the Legislative Research Commission was held on Wednesday, November 11, 2009, at 1:30 PM, in Room 125 of the Capitol Annex. Representative Greg Stumbo, 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, Jerry P. Rhoads, Dan "Malano" Seum, Katie Kratz Stine, Robert Stivers II, Johnny Ray Turner, and Ed Worley; Representatives Rocky Adkins, Larry Clark, Bob M. DeWeese, David Floyd, Jeff Hoover, and John Will Stacy.
Guests: John Hicks,
LRC Staff: Bobby Sherman and Christy Glass.
Representative Stumbo called the meeting to order and the secretary called the roll. There being a quorum present, Representative Williams called for a motion to approve the minutes of September 2, 2009; accept items A. through H. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve and refer items C. through X. under New Business; accept and refer as indicated items 1. through 26 under Communications; and approve Resolutions A. and B. A Motion was made by Representative Adkins and seconded by Representative Clark. 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 September and October 2009.
B. Committee Activity Report for September and October 2009.
C. Reports of the Administrative Regulation Review Subcommittee meetings of September 8, and October 13, 2009.
D. Committee review of administrative regulations by the Interim Joint Committee on Education during its meetings of September 14 and October 12, 2009.
E. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of September 16 and October 21, 2009.
F. Committee review of Executive Reorganization Order 2009-754 by the Interim Joint Committee on Agriculture during its meeting of August 27, 2009.
G. Committee review of Executive Reorganization Order 2009-770 by the Interim Joint Committee on Health and Welfare during its meeting of September 16, 2009.
H. Committee review of Executive Reorganization Order 2009-771 by the Interim Joint Committee on Veterans, Military Affairs, and Public Protection during its meeting of October 8, 2009.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 139 (relating to industrial hemp) to Agriculture; BR 31 (relating to taxation and declaring an emergency); BR 159 (relating to sales tax on alcohol); BR 187 (relating to sales and use tax holidays and declaring an emergency); BR 210 (relating to encouraging healthy lifestyles); BR 239 (relating to sales tax); BR 240 (relating to the individual income tax); BR 265 (relating to the alcoholic beverage wholesale sales tax and declaring an emergency); and BR 276 (relating to live organ donation) to Appropriations and Revenue; BR 70 (relating to motor vehicle repair claims); and BR 96 (relating to health care services provided in clinical trials for the treatment of cancer) to Banking and Insurance; BR 79 (relating to public school academies); BR 107 (relating to college student financial awareness); BR 165 (supporting Charles “Ed” Massey’s candidacy for the post of secretary-treasurer of the National School Board’s Association); BR 169 (relating to school district vehicles and declaring an emergency); BR 231 (relating to digital citizenship); and BR 232 (relating to suicide prevention training) to Education; BR 15 (relating to mold remediation standards); BR 213 (relating to the continuity of health care); BR 216 (relating to the Colon Cancer Screening Program, and making an appropriation therefor); BR 229 (relating to the care of individuals with mental retardation or other developmental disorders); BR 230 (relating to child custody); and BR 263 (relating to pharmacy technicians) to Health and Welfare; BR 20 (relating to crimes and punishments); BR 95 (relating to crimes and punishments); BR 114 (relating to the Department of Corrections); BR 120 (relating to criminal gangs); BR 182 (relating to inmates); BR 185 (relating to the abolition of the death penalty); BR 202 (relating to sexual abuse); BR 237 (relating to criminal gangs); BR 251 (relating to the use of global positioning monitoring systems including monitoring-related restrictions and sanctions in domestic violence cases); BR 262 (relating to domestic violence); BR 275 (relating to driving under the influence); BR 277 (relating to public safety); and BR 341 (relating to crimes and punishments) to Judiciary; BR 48 (relating to the initial removal of dead human bodies); and BR 250 (relating to acupuncture) to Licensing and Occupations; BR 334 (relating to county consolidation) to Local Government; BR 86 (relating to retirement); BR 108 (designating burgoo as the state dish); BR 172 (proposing to amend Section 228 of the Constitution of Kentucky); BR 174 (relating to automated or recorded political telephone messages); BR 176 (relating to retirement); BR 178 (proposing an amendment to Sections 36 and 42 of the Constitution of Kentucky relating to legislative services); BR 197 (commending Ridgetop Shawnee Tribe of Indians for their efforts on behalf of preserving Native American heritage); BR 222 (relating to primaries); BR 268 (designating June 2010 as Kentucky Rabies Awareness Month); and BR 300 (relating to administrative regulations and declaring an emergency) to State Government; BR 122 (relating to personal identification cards); BR 142 (naming a portion of Kentucky Route 840 in Harlan County in honor of Jerry Chestnut); BR 164 (relating to special license plates); BR 180 (relating to personal communication devices); BR 199 (relating to the operation of golf carts on public roads); and BR 238 (relating to motor vehicle license plates) to Transportation; BR 367 (relating to honoring military service) to Veterans, Military Affairs and Public Protection.
B. Referral of the administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 103 KAR 17:150 & E (New home credit) and 103 KAR 44:130 & E (New motor vehicle trade-in allowance) to Appropriations and Revenue; 307 KAR 8:010 & E (Application for Kentucky business investment programs) to Economic Development and Tourism; 16 KAR 7:010 (Kentucky Teacher Internship Program) and 102 KAR 1:310 (Benefit eligibility conditions for members providing part-time and substitute services) to Education; 201 KAR 11:121 (Improper conduct); 201 KAR 11:215 (License recognition; application requirements); 201 KAR 11:250 (Listing and purchase contracts and other agreements entered into by licensees; provisions required; seller-initiated relisting request disclosure form); 201 KAR 11:300 (Use of facsimile and electronic-mail transmissions; electronic storage); 201 KAR 11:450 (Broker management course); 201 KAR 12:105 & E (School districts); 201 KAR 34:010 (Licensure of professional art therapies); 201 KAR 34:015 (Examination); 201 KAR 34:020 (Fees); 201 KAR 34:030 (Continuing education requirements); 201 KAR 34:040 (Code of ethics); 201 KAR 34:050 (Complaint procedure); 810 KAR 1:004 (Stewards); 811 KAR 1:015 (Race officials); 815 KAR 6:010 (Home inspector licensing requirements and maintenance of records); 815 KAR 6:020 (Advertising by home inspectors); 815 KAR 35:060 (Licensing of electrical contractors, electricians, and master electricians pursuant to KRS 227A.060); and 815 KAR 35:090 (Electrical training program standards) to Licensing and Occupations; 401 KAR 5:310 (Surface water permit fees – Amended After Comments); 405 KAR 16:140 (Disposal of coal mine waste); 405 KAR 18:140 (Disposal of coal mine waste); and 805 KAR 1:190 (Gathering lines) to Natural Resources and Environment; 101 KAR 2:102 & E (Classified leave administrative regulations) and 101 KAR 3:015 & E (Leave administrative regulations for the unclassified service) to State Government.
C. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Representative Charlie Hoffman to the Land Stewardship and Conservation Task Force and designating him as House Co-Chair
D. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Representative Adam Koenig as a liaison member of the Budget Review Subcommittee on General Government, Finance, and Public Protection of the Interim Joint Committee on Appropriations and Revenue; and appointing Representative Martha Jane King to the Special Subcommittee on Energy.
E. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing the membership of the Poverty Task Force.
I. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Representative Tom Riner to the Subcommittee on the Penal Code and Controlled Substance Act of the Interim Joint Committee on Judiciary.
J. From Senator Bob Leeper and Representative Rick Rand, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on November 16 rather than the regular meeting date of November 26, which is Thanksgiving. There are no apparent conflicts.
K. From Senator David Givens and Representative Tom McKee, Co-Chairs, Interim Joint Committee on Agriculture: Memorandum requesting approval to meet on November 10 rather than the regular meeting date of November 11, which is Veteran’s Day. There are four potential conflicts.
L. From Senator Jack Westwood and Representative Kent Stevens, Co –Chairs, Education Assessment and Accountability Review Subcommittee: Memorandum recommending appointments to the National Technical Advisory Panel on Assessment and Accountability.
M. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing members to the Local Superintendents Advisory Council.
N. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Senator Robin Webb to the following interim joint committees: Economic Development and Tourism, Labor and Industry, Licensing and Occupations, Local Government, and State Government
O. From Senator Tom Jenson and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Natural Resources and Environment: Memorandum requesting approval to meet on November 17 rather than the regular meeting date of November 27. There are no apparent conflicts
P. From Senator Damon Thayer and Representative Steve Riggs, Co-Chairs, Interim Joint Committee on Local Government: Memorandum requesting approval to meet on November 18, in Louisville, rather than the regular meeting date of November 26, which is Thanksgiving. This will be the third out-of-town meeting. There are five potential conflicts
Q. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Representative Ancel Smith to the Interim Joint Committee on Natural Resources and Environment.
R. From Senator Damon Thayer and Representative Mike Cherry, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting approval to meet on November 18 rather than the regular meeting date of November 25. There are six potential conflicts.
S. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Senator Alice Kerr as Co-Chair of the Subcommittee on Postsecondary Education of the Interim Joint Committee on Education.
T. From Senator Bob Leeper and Representative Rick Rand, Co-Chairs of the Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on December 8. There are no apparent conflicts.
U. From Senate President David L. Williams, House Speaker Gregory D. Stumbo, Senate President Pro Tem Katie Stine, Senate Majority Caucus Chair Dan Seum, and Senate Majority Whip Carroll Gibson: Memorandum appointing Senator Robert Stivers to the Legislative Research Commission.
V. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Senator Tom Jenson as a member and Senate Co-Chair of the Interim Joint Committee on Judiciary and appointing Senator Brandon Smith as Senate Co-Chair of the Interim Joint Committee on Natural Resources and Environment.
W. From Senator Damon Thayer and Representative Mike Cherry, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting approval for the Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs to meet on November 17 rather than the regular meeting date of November 24. There are five potential conflicts.
X. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Representative Reginald Meeks to the Interim Joint Committee on Appropriations and Revenue.
COMMUNICATIONS
1. From the Office of the Attorney General: Constitutional Challenge Reports for the months of July and August 2009.
2. From the Collaborative Center for Literacy Development: 2008-2009 Annual Report.
3. From the Cabinet for Economic Development: Annual Report for the Kentucky Investment Capital Network for FY 2009.
4. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of August and September 2009.
5. From the Personnel Cabinet: Statewide Turnover Report for the 2nd and 3rd Quarters 2009.
6. From the Cabinet for Health and Family Services, Department for Community Based Services: Child Abuse and Neglect Annual Report of Child Fatalities and Near Fatalities, September 2009.
7. From the Auditor of Public Accounts: Examination of Certain Bullitt County Internal Controls and Procedures Governing the Processing of Automated Payroll Transactions.
8. From the Cabinet for Economic Development: Linked Deposit Loan Investment Program FY 09 Annual Report.
9. From the Kentucky Personnel Board: FY 09 Annual Report.
10. From the Cabinet for Economic Development, Department of Financial Incentives: Kentucky Investment Fund Act FY 09 Annual Report.
11. From State Budget Director Mary E. Lassiter: September 2009 monthly updates on ARRA formula funding.
12. From State Budget Director Mary E. Lassiter: October 2009 monthly updates on ARRA formula funding.
13. From the Personnel Cabinet, Department of Employee Insurance: Kentucky Group Health Insurance Board, Kentucky Employees’ Health Plan Ninth Annual Report.
14. From the University of Kentucky, Office of the Treasurer: University of Kentucky Capital Construction Report for FY 09.
15. From the Teachers’ Retirement System of Kentucky: In-state Investment Report for FY 09 and Interim Financial Statements for the Quarter ended June 30, 2009.
16. From the Teachers’ Retirement System of Kentucky: FY 09 Annual Report.
17. From the Cabinet for Health and Family Services, Office of the Secretary: Report of the Department for Community Based Services Tuition Waiver Program for Youth for the reporting period September 2008-August 2009.
18. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the second quarter of 2009.
19. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for each loan approved as of the quarter ending September 30, 2009.
20. From the Finance and Administration Cabinet, Office of the Controller: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Fund Programs for the months of July and August 2009, and year-to-date activity for the period July 10 through July 31 and August 1 through August 31, 2009.
21. From the Auditor of Public Accounts: Lyon County Sheriff 2008 Fee Audit.
22. From the Auditor of Public Accounts: Simpson County Sheriff 2008 Fee Audit.
23. From the Auditor of Public Accounts: Trigg County Sheriff 2008 Fee Audit.
24. From the Auditor of Public Accounts: Trigg County Clerk 2008 Audit.
25. From the Auditor of Public Accounts: Simpson County Clerk 2008 Audit.
26. From the Cabinet for Health and Family Services, the Commission on Services and Supports for Individuals with Mental Retardation and Other Developmental Disabilities: Ninth Annual Status Report.
27. From the Kentucky Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending September 30, 2009.
28. From the Public Service Commission of Kentucky: Biennial Report for the period from July 1, 2005, through June 30, 2007.
29. From the Kentucky Legislative Ethics Commission: Recommended Changes to the Kentucky Code of Legislative Ethics, October 1, 2009.
30. From the University of Kentucky, Kentucky Tobacco Research & Development Center: Quarterly Report for the period July 1 through September 30, 2009.
31. From the Cabinet for Economic Development: Bluegrass State Skills Corporation Annual Report FY 09.
32. From the Finance and Administration Cabinet, Kentucky Higher Education Assistance Authority: Financial Statements for the Kentucky Higher Education Assistance Authority, the Kentucky Higher Education Student Loan Corporation, the Kentucky Higher Education Savings Plan Trust, and the Kentucky Affordable Prepaid Tuition Program for FY 09.
33. From the Education and Workforce Development Cabinet, Department of Education: Commonwealth Accountability Testing System: Validation and Research Agenda, September 2009.
34. From the Cabinet for Health and Family Services, Office of the Secretary: A report of the Operations and Activities of The Cabinet for Health and Family Services Related to Health Data Collection for Hospital Inpatient Discharge and Outpatient Services for FY 09; and The Cabinet for Health and Family Services Biennial Report on Health Care Transparency for the period July 1, 2007, through June 30, 2009.
35. From Kentucky’s Affordable Prepaid Tuition: FY 09 Actuarial Valuation.
36. From the University of Kentucky: Audited Financial Statements of the University of Kentucky and its affiliated corporations for FY 09.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Glennmoore “Ballie” Ray.
B. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Howard N. “Nick” Johnson.
OTHER BUSINESS
Mr. John Hicks, Assistant State Budget Director, was then introduced as a guest speaker. Mr. Hicks updated the members on the progress on the ARRA expenditure status report on the formula grants that have been received by state government since the stimulus bill has been implemented.
Mr. Hicks pointed out that the Cabinet has split this report into the formula money that comes to all states through these various programs, which totals about $3 billion. He said that the Cabinet has started adding a section of competitive grant awards that have been received by the various state government agencies through the various programs.
Mr. Hicks pointed out some notable inclusions in this month’s report are several National Institute of Health research type grants and to the University of Kentucky, particularly. He advised that there are several criminal justice grants to the State Police, one of which will allow them to hire non-civilian personnel to help free up some of their sworn officers and to devote to higher priority areas. Mr. Hicks stated that Kentucky has received about $2.5 million dollars to help update an informational technology system for electronic benefit transfer for the Women, Infants and Children Program. Also received was another small public health grant to help prevent infections in health care facilities. Mr. Hicks reported that one other piece of information that the Cabinet has forwarded to the members at the behest of President Williams was a second report that provides all of the various sub awards that state agencies receiving stimulus monies have made to the respective local governments, and other entities who have become the sub recipients of those awards.
Mr. Hicks then advised the members that one of the key events that has just taken place for all fifty (50) states has been the reporting process that the federal government requires quarterly. The first quarter reporting process ended September 30, and the Cabinet spent most of October providing the information to the Federal Government.
At that time, Speaker Stumbo asked for any questions or comments from the members.
Mr. Hicks responded to a question asked by President Williams regarding the sub recipient award under Department of Education, Title I. Mr. Hicks said that this was regarding the Individual Disability of Education Act, and those are the special education grants made through the Department of Education to school districts.
Speaker Stumbo then asked if these grants were made by existing formula, to which Mr. Hicks responded, “yes, that’s correct. In fact, it’s a federally mandated formula.”
There being no further business, the meeting was thereby adjourned at 1:45 p.m.