Call to Order and Roll Call
The 532nd meeting of the Legislative Research Commission was held on Wednesday, October 6, 2010, 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, Dan "Malano" Seum, Katie Kratz Stine, Robert Stivers II, Johnny Ray Turner, and Ed Worley; Representatives Rocky Adkins, Larry Clark, Robert R. Damron, Bob M. DeWeese, David Floyd, and John Will Stacy.
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 Stumbo called for a motion to approve the minutes of July 28, 2010, meeting; 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 P. under New Business; and accept and refer as indicated items 1. through 25. under Communications. A motion was made by Representative Damon and seconded by Senator Turner. A roll call vote was taken and the motion passed unanimously. The following items were approved, accepted, or referred:
The minutes of the July 28, 2010, meeting were approved.
STAFF AND COMMITTEE REPORTS
A. Information requests for July through September 2010.
B. Committee Activity Report for July through September 2010.
C. Reports of the Administrative Regulation Review Subcommittee meetings of July 13, August 10, and September 14, 2010.
D. From Bobby Sherman: Memorandum regarding mistaken referral of BR 49.
E. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of July 21, August 18, and September 15, 2010.
F. Committee review of Executive Reorganization Order 2010-431 by the Interim Joint Committee on Health and Welfare during its meeting of July 21, 2010.
G. Committee review of Executive Reorganization Order 2010-428 by the Interim Joint Committee on State Government during its meeting of July 21, 2010.
H. Committee review of Executive Reorganization Order 2010-436 by the Interim Joint Committee on State Government during its meeting of July 21, 2010.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 52 (relating to pawnbrokers), BR 54 (relating to the exclusion of abortion coverage for health insurance exchanges), and BR 68 (relating the continuity of health care) to Banking and Insurance; BR 70 (authorizing and directing a comprehensive study of the effectiveness of the economic development initiatives and incentives of the Commonwealth) to Economic Development and Tourism; BR 21 (relating to digital citizenship), BR 32 (relating to career and technical education, making an appropriation therefor, and declaring an emergency), BR 111 (relating to school attendance), BR 123 (relating to university undergraduate completion), BR 136 (relating to school funding), BR 162 (relating to school funding), and BR 163 (relating to fees in public universities and colleges) to Education; BR 17 (relating to the care of individuals with mental retardation or other developmental disorders), and BR 121 (relating to out-of-state durable medical equipment providers) to Health and Welfare; BR 33 (relating to driving under the influence), BR 92 (relating to firearms, including ammunition and accessories for firearms), BR 97 (relating to crimes and punishments), BR 131 (relating to domestic violence), and BR 161 (relating to firearms, including ammunition and accessories for firearms) to Judiciary; BR 19 (relating to wastewater) and BR 46 (relating to underground petroleum storage tank contractors) to Natural Resources and Environment; BR 43 (relating to public records), BR 55 (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 61 (proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote), BR 62 (relating to public financing for judicial campaigns), BR 69 (relating to campaign finance), BR 71 (proposing to amend the Constitution of Kentucky relating to hunting, fishing, and harvesting wildlife), BR 75 (relating to public records), BR 130 (relating to publications of state agencies), BR 132 (relating to state employee health insurance), BR 153 (proposing an amendment to Section 42 of the Constitution of Kentucky), and BR 154 (relating to the General Assembly) to State Government; BR 98 (relating to emergency vehicles) and BR 143 (relating to coroners) to Transportation.
B. Referral of the administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 302 KAR 20:020 (General requirements for interstate and intrastate movement of animals), 302 KAR 20:050 (Carcasses), 302 KAR 20:115 & E (Vesicular stomatitis), and 302 KAR 21:005 & E (Animal disease to be reported) to Agriculture; 103 KAR 31:102 (Rebate for a governmental public facility), 907 KAR 1:014 & E (Outpatient hospital services), and 907 KAR 5:005 & E (Health insurance premium payment (HIPP) program) to Appropriations and Revenue; 40 KAR 2:350 (Debt adjusters), 806 KAR 9:001 (Prelicensing courses of study; instructors), 806 KAR 9:060 (Identification cards), 806 KAR 9:070 (Examinations), 806 KAR 9:121 (Repeal of 806 KAR 9:120, 9:130, 9:250 and 9:280), 806 KAR 17:180 (Standard health benefit plan), 806 KAR 17:540 (ICARE Program high-cost conditions), 806 KAR 17:545 (ICARE Program employer eligibility, application process, and requirements), 806 KAR 17:555 (ICARE Program requirements), and 806 KAR 46:050 (Liability self-insurance group rate, underwriting and evidence of coverage fillings) to Banking and Insurance; 300 KAR 2:040 (Kentucky Film Industry Incentives Application and Fees) and 307 KAR 1:060 (Kentucky small business investment credit program) to Economic Development and Tourism; 702 KAR 7:130 & E (Approval of innovative alternative school calendars) and 725 KAR 1:061 (Records retention schedules; authorized schedules) to Education; 201 KAR 2:330 (Emergency pharmacy powers), 201 KAR 20:057 (Scope and standards of practice of advanced practice registered nurses), 201 KAR 20:070 (Licensure by examination), 201 KAR 20:110 (Licensure by endorsement), 201 KAR 20:162 (Procedures for disciplinary hearings pursuant to KRS 314.091), 201 KAR 20:225 (Reinstatement of licensure), 201 KAR 20:230 (Renewal of licenses), 201 KAR 20:240 (Fees for applications and for services), 201 KAR 20:370 (Applications for licensure), 201 KAR 20:411 (Sexual assault nurse examiner program standards and credential requirements), and 201 KAR 20:470 (Dialysis technician credentialing requirements and training program standards) to Health and Welfare; 500 KAR 2:020 (Filing and processing SLEO commissions), 500 KAR 3:020 (Filing and processing SLPO commissions), and 502 KAR 32:010 (Centralized database for DNA identification records) to Judiciary; 201 KAR 34:020 (Fees), 201 KAR 39:050 & E (Renewal of licenses and extension of temporary licenses), 811 KAR 2:020 & E (Licensing quarter horse, appaloosa or Arabian racing), and 811 KAR 2:140 & E (Licensing of racing associations) to Licensing and Occupations; 301 KAR 1:010 (Commercial boat docks, concession stands, and boat rental facilities), 301 KAR 1:410 (Taking of fish by nontraditional fishing methods), and 401 KAR 59:015 (New indirect heat exchangers) to Natural Resources and Environment; 105 KAR 1:190 & E (Qualified domestic relations orders) to State Government; 601 KAR 9:015 (Registration of motor vehicles and manufacturing) and 601 KAR 14:030 (Bicycle and bikeway program) to Transportation.
C. From Senator Brandon Smith and Representative Keith Hall, Co-Chairs, Special Subcommittee on Energy: Memorandum requesting approval to meet in Lexington on October 22, rather than the regularly scheduled meeting date of October 15. There are no apparent conflicts. (LRC Co-Chairs have jointly approved, LRC ratification pending.)
D. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing members to the Local Superintendents Advisory Council. (LRC Co-Chairs have jointly approved, LRC ratification pending.)
E. From Senator Elizabeth Tori and Representative Tanya Pullin, Co-Chairs, Interim Joint Committee on Veterans, Military Affairs, and Public Protection: Memorandum requesting approval to meet on Monday, November 22, rather than the regularly scheduled meeting date of November 11, which falls on Veterans’ Day. There are 11 potential conflicts. (LRC Co-Chairs have jointly approved, LRC ratification pending.)
F. From Senator Elizabeth Tori and Representative Tanya Pullin, Co-Chairs, Interim Joint Committee on Veterans, Military Affairs, and Public Protection: Memorandum requesting approval to meet on December 9 (beyond the statutory interim period). (LRC Co-Chairs have jointly approved, LRC ratification pending.)
G. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum regarding LRC website for public access to agency records. (LRC Co-Chairs have jointly approved, LRC ratification pending.)
H. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting authorization of and appointments to the Subcommittee on Families and Children and the Subcommittee on Health Issues and Aging. (LRC Co-Chairs have jointly approved, LRC ratification pending.)
I. 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, rather than the regularly scheduled meeting date of November 11, which is Veterans’ Day. (Conflicts appear to be avoided due to a change of meeting plans by the Interim Joint Committee on Licensing and Occupations.) (LRC Co-Chairs have jointly approved, LRC ratification pending.)
J. From Senator Jack Westwood and Representative Kent Stevens, Co-Chairs, Education Assessment and Accountability Review: Memorandum recommending reappointments to the National Technical Advisory Panel on Assessment and Accountability. (LRC Co-Chairs have jointly approved, LRC ratification pending.)
K. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum approving the 2011 Regular Session Calendar. (LRC Co-Chairs have jointly approved, LRC ratification pending.)
L. From Bobby Sherman: Memorandum requesting approval of prefiling deadlines for the 2011 Regular Session.
M. From Senator David Givens and Representative Tom McKee, Co-Chairs of the Interim Joint Committee on Agriculture: Memorandum requesting approval to meet on December 8 (beyond the statutory interim period). There are no apparent conflicts.
N. From Senator David Givens and Representative Tom McKee, Co-Chairs of the Interim Joint Committee on Agriculture: Memorandum requesting authorization of and appointments to the Subcommittee on Horse Farming and Subcommittee on Rural Issues.
O. From Senator Tom Jensen and Representative John Tilley, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval to meet on December 15 (beyond the statutory interim period) and approval to meet on January 19, 2011, to allow the committee to review and approve any proposed legislation produced by the Task Force on the Penal Code and Controlled Substances Act. There are no apparent conflicts.
P. From Senator Tom Jensen and Representative John Tilley, Co-Chairs of the Task Force on the Penal Code and Controlled Substances Act: Memorandum requesting approval of the following: extension of the deadline for the Task Force’s final bill draft and accompanying report to January 26, 2011; a two-day meeting on October 19 and 20; authorization for travel and expenses for any member of the Task Force (and per diem for legislative members) attending the Media Seminar on October 22 in Lexington; a two-day meeting on November 16 and 17; a two-day meeting on December 14 and 15; and a two-day meeting on January 18 and 19, 2011.
COMMUNICATIONS
1. From the Office of the Attorney General: Constitutional Challenge Reports for the months of June and July 2010.
2. From the Finance and Administration Cabinet: Report on the number of individuals working on a full-time equivalent and recurring bases, listed by contract and cabinet, FY 2010, pursuant to 2010 HB 387.
3. From the Cabinet for Health and Family Services, Department for Aging and Independent Living: FY 2010 Assisted Living Revenues and Expenditures Report.
4. From the Finance and Administration Cabinet: Permanently Assigned Vehicle Requests by Agency pursuant to HB 406.
5. 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 month of June 2010 and year-to-date activity for FY 2010; and for the months of July and August 2010 and year-to-date activity for FY 2011.
6. From the Finance and Administration Cabinet, Office of the Controller: FY 2010 Final Report of the Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Fund Programs.
7. From Kentucky Employers’ Mutual Insurance: Quarterly Statement for the period ending June 30, 2010.
8. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending June 30, 2010.
9. From Kentucky Employers’ Mutual Insurance: Second Quarter 2010 Financial Statements; Statement of Assets, Liabilities, and Policyholder Surplus; Statement of Income; Statement of Solvency as of June 30, 2010.
10. From the Tourism, Arts and Heritage Cabinet: 1% Transient Room (Lodging) Tax Progress Report for FY 2010.
11. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of July and August 2010.
12. From Adjutant General Edward W. Tonini: Military Family Assistance Trust Fund, FY 2010 Annual Report.
13. From Kentucky Employers’ Mutual Insurance: Letter advising of availability of 2009 Annual Report.
14. From the Cabinet for Health and Family Services: SWIFT Adoption Report for the second quarter of 2010.
15. From the Cabinet for Health and Family Services, Department for Public Health, Kentucky HIV/AIDS Planning and Advisory Council: September 2010 Year End Report.
16. From the Cabinet for Economic Development, Commission on Small Business Advocacy: FY 2010 Annual Report.
17. From the Cabinet for Economic Development: Annual Report for the Kentucky Investment Capital Network for FY 2010.
18. From the Cabinet for Economic Development: Linked Deposit Loan Investment Program FY 2010 Annual Report.
19. From the Cabinet for Economic Development: Agricultural Warehousing Sites Cleanup Fund Annual Report for FY 2010.
20. From the Cabinet for Economic Development: Kentucky Investment Fund Act Annual Report for FY 2009.
21. From the Energy and Environment Cabinet: Center for Renewable Energy Research and Environmental Stewardship Annual Report for FY 2010.
22. From the Personnel Cabinet: Statewide Turnover Report for the Second Quarter 2010.
23. From the Cabinet for Health and Family Services: 2010 Charitable Health Providers Report.
24. From the Tourism, Arts and Heritage Cabinet: Kentucky Production Industry Incentives, Annual Report for FY 2010.
25. From the Tourism, Arts and Heritage Cabinet: FY 2010 Annual Report of Incentives Provided Under the Kentucky Tourism Development Act.
ADJOURNMENT
There being no further business, the meeting was thereby adjourned at 2:00 p.m.