Call to Order and Roll Call
The 536th meeting of the Legislative Research Commission was held on Thursday, June 28, 2012, at<MeetTime> 10:00 AM, 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, R.J. Palmer II, Dan "Malano" Seum, Katie Stine, and Johnny Ray Turner; Representatives Rocky Adkins, Larry Clark, Robert R. Damron, Bob M. DeWeese, Danny Ford, and Tommy Thompson.
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 October 5, 2011, and June 13, 2012; accept and refer as indicated items A. through S. under Staff and Committee Reports; Refer prefiled bills as indicated and approve items B. through V. under New Business, incorporating the handout distributed regarding membership of the Task Force on Kentucky Public Pensions; and accept and refer as indicated items 1. through 104. under Communications. A motion was made by Representative Clark and seconded by Representative Adkins. A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred:
The minutes of the October 5, 2011, and June 13, 2012 meetings were approved.
Staff and Committee Reports
A. Information requests October 2011 through May 2012.
B. Committee Activity Reports for October, November, and December 2011, and January, February, March, April and May 2012.
C. Reports of the Administrative Regulation Review Subcommittee meetings of October 11, November 7, and December 6, 2011, and January 9, February 13, March 12, April 11, and May 8, 2012.
D. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of October 19, November 16, and December 19, 2011, and June 20, 2012.
E. Committee review of administrative regulations by the Interim Joint Committee on Education during its meetings of November 14, December 12, 2011, and June 11, 2012.
F. Committee review of administrative regulations by the Interim Joint Committee on State Government during its meeting of November 16, 2011.
G. Committee review of administrative regulations by the Interim Joint Committee on Veterans, Military Affairs, and Public Protection during its meeting of November 10, 2011.
H. Committee review of administrative regulations by the Interim Joint Committee on Local Government during its meeting of November 30, 2011.
I. Committee review of administrative regulations by the Education Assessment and Accountability Review Subcommittee during its meetings of December 12, 2011, and June 12, 2012.
J. Committee review of administrative regulations by the Senate Standing Committee on Health and Welfare during its meetings of January 18, February 15, and March 21, 2012.
K. Committee review of administrative regulations by the House Standing Committee on Health and Welfare during its meetings of January 12, February 9, and March 15, 2012.
L. Committee review of administrative regulations by the Interim Joint Committee on Licensing and Occupations during its meeting of June 8, 2012.
M. Committee review of FY 2012-2013 Temporary Assistance for Needy Families Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on October 19, 2011.
N. Committee review of FFY 2012-13 Unified Mental Health and Substance Abuse Prevention and Treatment Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on November 16, 2011.
O. Committee review of FY 2012 Small Cities Community Development Block Grant and Section 108 Loan Guarantee Program Application by the Senate Standing Committee on State and Local Government and the House Standing Committee on Local Government during their meeting on March 14, 2012.
P. Committee review of FY 2013 Social Services Block Grant Application by the Senate Standing Committee on Health and Welfare during its meeting on March 21, 2012.
Q. Committee review of FY 2013 Social Services Block Grant Application by the House Standing Committee on Health and Welfare during its meeting on March 22, 2012.
R. Committee review of FY 2013 Low Income Home Energy Assistance Program Block Grant Application by the Special Subcommittee on Energy during its meeting of June 15, 2012.
S. From Senator Jimmy Higdon and Representative Fitz Steele, Co-Chairs, Program Review and Investigations Committee: Study of 911 Services and Funding. (Staff suggested committee referrals: Energy, Veterans, Military Affairs and Public Safety, and Appropriations and Revenue.) (Copy available upon request.)
New Business
A. Referral of prefiled bills to the following committee: BR 17 (relating to driving under the influence) and BR 26 (relating to dating violence) to Judiciary.
B. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum regarding the selection of former Representative Charles Siler as recipient of the 2011 Vic Hellard Jr. Award.
C. From Bobby Sherman: Memorandum requesting approval to assign LRC staff liaison to monitor the PSC study of the impact of utility rates on Kentucky’s aluminum smelting industry
D. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing the membership of the 2012 SS HB 1 Implementation Oversight Committee.
E. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing the initiation of a staff study of nutrition habits of Kentucky citizens (2012 HB 550).
F. From Senator Ken Winters and Representative Carl Rollins II, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting authorization and the appointment of members to the Subcommittee on Postsecondary Education and the Subcommittee on Elementary and Secondary Education of the Interim Joint Committee on Education.
G. From Senator Ken Winters and Representative Carl Rollins, II, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting approval to meet on July 13 in Louisville in conjunction with the annual meeting of the Kentucky School Boards Association, rather than the regularly scheduled meeting date of July 9. There are five potential conflicts.
H. From Senator Tom Buford and Representative Jeff Greer, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meet on September 24 in Covington in conjunction with the annual convention of the Kentucky Bankers’ Association, rather than the regularly scheduled meeting date of September 25. There are no apparent conflicts.
I. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing membership to the Task Force on Economic Development of the Interim Joint Committee on Economic Development and Tourism.
J. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing membership to the Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs of the Interim Joint Committee on State Government.
K. From Senator Ernie Harris and Representative Hubert Collins, Co-Chairs, Interim Joint Committee on Transportation: Memorandum requesting approval to meet on July 17 rather than the regularly scheduled meeting date of July 3 (there is one potential conflict), and approval to meet on November 13, rather than the regularly scheduled meeting date of November 6 (there are four potential conflicts).
L. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum making adjustments to the memberships of the Interim Joint Committee on State Government and the Interim Joint Committee on Transportation.
M. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing membership to the Task Force on Kentucky Public Pensions.
N. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing membership to the Task Force on Student Access to Technology.
O. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing membership to the Task Force on the Unified Juvenile Code.
P. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing membership to the Task Force on Middle School Interscholastic Athletics.
Q. From Bobby Sherman: Memorandum requesting acceptance and referral of consultant’s study entitled Review of Kentucky’s Economic Development Incentives pursuant to 2011 HJR 5.
R. From Senator Ken Winters and Representative Carl Rollins, II, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting approval to meet on November 19, rather than the regularly scheduled meeting date of November 12. There are no apparent conflicts.
S. From Senator John Schickel and Representative Dennis Keene, Co-Chairs, Interim Joint Committee on Licensing and Occupation: Memorandum requesting approval to meet on August 27, rather than the regularly scheduled meeting date of August 10. There are no apparent conflicts.
T. From Senator Brandon Smith and Representative Jim Gooch, Jr., Co-Chairs, Interim Joint Committee on Natural Resources and Environment: Memorandum requesting approval to meet on July 12 in Pikeville, Kentucky, rather than the regularly scheduled meeting date of July 5. There are five potential conflicts.
U. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health & Welfare: Memorandum requesting authorization and the appointment of members to the Subcommittee on Families and Children of the Interim Joint Committee on Health & Welfare.
V. From Senator Jack Westwood and Representative Tanya Pullin, Interim Joint Committee on Veterans, Military Affairs, and Public Protection: Memorandum requesting approval to meet on August 21, rather than the regularly scheduled meeting date of August 9. There are two potential conflicts.
W. From Senator Bob Leeper and Representative Rick Rand, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on September 26 at the Newport Aquarium rather than the regularly scheduled meeting date of September 27. There are 28 potential conflicts.
Communications
1. From Senator Jimmy Higdon and Representative Fitz Steele, Co-Chairs, Program Review and Investigations Committee: Memorandum regarding opportunity for appointment of ex officio members for particular studies.
2. From the Office of the Attorney General: Constitutional Challenge Reports for the months of August, September, October, November, and December 2011 and January, February, March, and April 2012.
3. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for each loan approved as of the quarters ending September 30 and December 31, 2011, and March 31, 2012.
4. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of September, October, November, and December 2011 and January, February, March, and April 2012.
5. From the Energy and Environment Cabinet: FY 2011 Annual Report from the Center for Renewable Energy Research and Environmental Stewardship.
6. From the Kentucky Department of Fish and Wildlife Resources: The Status of Hunting Land Access in Kentucky.
7. From the Kentucky Personnel Cabinet: FY 2011 Annual Report.
8. From the Cabinet for Economic Development, Office of Commercialization and Innovation, and the Kentucky Science and Technology Corporation: FY 2011 Annual Report for the Kentucky New Energy Ventures Fund.
9. From the Personnel Cabinet: Personnel Cabinet Quarterly Reports as of September 28, 2011.
10. From the Kentucky Pollution Prevention Center: FY 2011 Annual Report.
11. From the Public Protection Cabinet, Department of Insurance: The Impact of Mental Health Parity on Health Insurance Cost in Kentucky, October 2011.
12. From Sanitation District 1: 60 Day Update on Implementation of the Auditor of Public Account’s Recommendations.
13. From the University of Kentucky, Office of the Treasurer: FY 2011 Report of the University of Kentucky Capital Construction.
14. From the Auditor of Public Accounts: Examination of Certain Policies, Procedures, Controls, and Financial Activity of Lexington-Fayette County Health Department.
15. From the University of Kentucky: FY 2011 Annual Report of the Kentucky Interagency Groundwater Monitoring Network.
16. From Eastern Kentucky University: FY 2011 Financial Statements and Independent Auditors’ Report.
17. From the Cabinet for Economic Development: FY 2011 Annual Report of the Bluegrass State Skills Corporation.
18. From the Cabinet for Health and Family Services, Office of the Secretary: FYS 2008-2011 Annual Report for the Kentucky Women’s Cancer Screening Program on the Status of Breast Cancer in the Commonwealth
19. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarters Ending September 30 and December 31, 2011 and March 31, 2012.
20. From Kentucky Higher Education Assistance Authority: FY 2011 Annual Actuarial Valuation of the Prepaid Tuition Trust Fund for Kentucky’s Affordable Prepaid Tuition.
21. From the Cabinet for Economic Development, Office of Commercialization and Innovation: FY 2011 Annual Report on Office of Commercialization and Innovation activities.
22. From the Kentucky Office of Homeland Security: 2011 Annual Report.
23. From the Cabinet for Economic Development: FY 2011 Annual Report of the Kentucky Investment Fund.
24. From the Cabinet for Economic Development: FY 2011 Annual Report of the Kentucky Enterprise Initiative Act.
25. From the Cabinet for Health and Family Services: 2011 SWIFT Adoption Teams Report for the first and second quarters of calendar year 2011.
26. From the Kentucky Employers’ Mutual Insurance: 2012 Administrative Budget and statements of financial status and actuarial condition.
27. From the University of Kentucky, College of Agriculture: Kentucky Tobacco Research and Development Center, Quarterly Report for the period July 1 through September 30, 2011.
28. From Northern Kentucky University: FY 2011 Annual Financial Report.
29. From Kentucky Higher Education Assistance Authority: FY 2011 Audited Financial Statements for the Kentucky Higher Education Assistance Authority, Kentucky Higher Education Student Loan Corporation, and the Kentucky Affordable Prepaid Tuition Program.
30. From the Kentucky Department of Agriculture: 2011 Annual State Veterinarian’s Report on the Cervid Chronic Wasting Disease Surveillance Identification Program.
31. From the Finance and Administration Cabinet: FY 2012 Temporary Contract Workers Report for First Quarter.
32. 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 October, November, and December 2011 and January, February, March, and April 2012 and year-to-date activity for FY 2012.
33. From the Cabinet for Health and Family Services: FY 2011 Report of the Operations and Activities for Health and Family Services Related to Health Data Collection for Hospital Inpatient Discharge and Outpatient Services and the Cabinet for Health and Family Services Biennial Report on Health Care Transparency.
34. From Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement and Financial Status for the period ending September 30, 2011.
35. From the Kentucky Employers’ Mutual Insurance: 2011 Third Quarter financial statements.
36. From the University of Kentucky: FY 2011 Audited Financial Statements of the University of Kentucky and its affiliated corporations.
37. From the Finance and Administration Cabinet: Letters regarding the Kentucky Economic Development Finance Authority Revenue Bonds, Series 2011B.
38. From the Education and Workforce Development Cabinet, Department of Education: 2010-2011 academic year Physical Activity Report.
39. From the Cabinet for Economic Development: 2011 Programmatic Involvement Report.
40. From the Kentucky Judicial Form Retirement System: FYS 2010 and 2011 Audited Financial Statements of the Kentucky Judicial Form Retirement System.
41. From the Kentucky Personnel Board: FY 2011 Annual Report.
42. From the Cabinet for Economic Development: FY 2011 Contract Workers Report.
43. From the Department of Revenue, Division of Corporation Tax: FY 2011 Energy Efficiency Products Credits claimed.
44. From the Department of Revenue, Division of Corporation Tax: FY 2011 Energy Star home and Energy Star manufactured home credits claimed.
45. From the Kentucky Pollution Prevention Center: KEEPS 2011 Annual Status Report.
46. 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, December 1, 2011.
47. From the Kentucky Legislative Ethics Commission: FY 2011 Annual Report.
48. From the Personnel Cabinet: October 2011 Semi-annual Report listing filled positions, exempted from classified service.
49. From the Cabinet for Health and Family Services: 2011 Annual Report for Charitable Health Providers as of September 30, 2011.
50. From Murray State University: FY 2011 Annual Financial Report. (Staff suggested committee referrals: Education and Appropriations and Revenue.) (Copy available upon request.)
51. From Kentucky Retirement Systems: FYS 2010 and 2011 Financial Statements and Supplementary Information.
52. From Kentucky Retirement Systems: FY 2011 Audited Financial Statements.
53. From the Kentucky Pollution Prevention Center: 2011 KEEPS Status Report.
54. From the Cabinet for Economic Development: December 2011 Semi-Annual Report of the Riverport Marketing Assistance Trust Fund.
55. From the Auditor of Public Accounts: 2004-2011 Accomplishments and 2009-2011 Biennial Update.
56. From the Public Protection Cabinet, Department of Insurance: 2011 Annual Report of the Kentucky Health Care Improvement Authority.
57. From the Public Protection Cabinet, Department of Insurance: 2012 Kentucky Access Report.
58. From the Kentucky Business One-Stop Portal Advisory Committee: 2011 Report Assessment and Recommendations.
59. From the Cabinet for Health and Family Services: 2011 Child Fatality Review Annual Report.
60. From the Kentucky Council on Postsecondary Education: Criteria and explanation for Advanced Practice Doctorates in Kentucky pursuant to 2011 SB 130.
61. From the Kentucky Department of Agriculture: 2011 Kentucky Equine Health and Welfare Council Administrative, Programmatic, and Financial Activity Report.
62. From the Cabinet for Health and Family Services: 2009-2011 Biennial Report of Commission for Children with Special Health Care Needs.
63. From the Energy and Environment Cabinet, Division of Waste Management: Report of Kentucky’s Waste Tire Program.
64. From the University of Kentucky: FY 2011 Kentucky Geological Survey Annual Report.
65. From the Office of the Governor, Kentucky Office of Homeland Security: FY 2011 Annual Report for the Commercial Mobile Radio Service Board.
66. From the Cabinet for Health and Family Services: FY 2011 Annual Report for the Kentucky HIV/AIDS Planning and Advisory Council.
67. From the Kentucky Department of Agriculture: 2011 Annual Report for the Kentucky Milk Commission.
68. From the University of Kentucky, Kentucky Tobacco Research & Development Center: FY 2011 Annual Report.
69. From the Department of Revenue: 2011 Progress Report on 2004 HB 162 (relating to debts owed to the Commonwealth.
70. From the Auditor of Public Accounts: FYS 2008, 2009, 2010, and 2011 Report of the Audit of the 56th Judicial District Corrections Board, Inc.
71. From the Auditor of Public Accounts: FY 2011 Report of the Audit of the Kentucky Valley Educational Cooperative.
72. From the Auditor of Public Accounts: FYS 2010 and 2011 Report of the Audit of the Communicare, Inc., Community Corrections Commission.
73. From the Auditor of Public Accounts: FY 2011 Report of the Audit of the Kenton County Community Corrections Advisory Board, Inc.
74. From the Auditor of Public Accounts: FY 2011 Report of the Audit of the Kentucky River Authority.
75. From the Auditor of Public Accounts: FY 2011 Report of the Audit of the 21st Judicial Circuit Community Corrections Project, Inc.
76. From the Auditor of Public Accounts: FY 2011 Report of the Audit of the 28th Judicial Circuit Community Corrections Board, Inc.
77. From the Auditor of Public Accounts: FY 2011 Report of the Audit of the Kentucky Artisan Center at Berea.
78. From the Auditor of Public Accounts: FY 2011 Report of the Audit of the Kentucky Heritage Land Conservation Fund.
79. From the Auditor of Public Accounts and the Attorney General: 2010-2011 Biennial Report of the Kentucky Employers’ Mutual Insurance Authority.
80. From the Auditor of Public Accounts: Examination of Certain Policies, Procedures, Controls, and Financial Activity of Metropolitan Sewer District.
81. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the third quarter of 2011.
82. From the Louisville and Jefferson County Metropolitan Sewer District: 60-Day Corrective Action Update on the Implementation of the State Auditor’s Recommendations.
83. From the Cabinet for Health and Family Services: FY 2011 Annual Report for the Domestic Violence Batterer Intervention Provider Program.
84. From the Administrative Office of the Courts: 2011 Annual Report for the Kentucky Citizen Foster Care Review Boards.
85. From the Cabinet for Economic Development: 2011 Annual Report for the Business Information Clearinghouse.
86. From Kentucky Employers’ Mutual Insurance: 2011 Annual Statement and Letter of Actuarial Opinion.
87. From the Cabinet for Health and Family Services, Office of the Inspector General: FY 2011 Annual Report regarding federally licensed blood establishments.
88. From the Office of the Attorney General: Notice of Constitutional Challenge to KRS 367.409.
89. From the Auditor of Public Accounts: FY 2011 Report of the Audit of the Kentucky Department of Fish and Wildlife Resources Statutory Audit.
90. From the Personnel Cabinet: Personnel Cabinet Quarterly Reports pursuant to KRS 61.392 as of March 30, 2012.
91. From the Auditor of Public Accounts: 2011 Report of the Audit of Motor Vehicle and Motorboat Taxes and Registration Fees Collected and Remitted to the Commonwealth of Kentucky by Each County Clerk.
92. From the Cabinet for Health and Family Services: 2011 Annual Report of the Kentucky Spinal Cord and Head Injury Research Board.
93. From the University of Kentucky, College of Agriculture: Kentucky Tobacco Research and Development Center, Quarterly Report for the period January 1 through March 31, 2012.
94. From the Auditor of Public Accounts: Examination of Certain Policies, Procedures, Controls, and Financial Activity of the Former Administration of the Kentucky Department of Agriculture.
95. From the Finance and Administration Cabinet, Department of Revenue, Office of Property Valuation: 2012 Real Estate Exemption List.
96. From Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement and financial status documents for the period ending March 31, 2012.
97. From the Auditor of Public Accounts: FY 2011 Report of the Audit of the Northern Kentucky Convention Center Corporation.
98. From the Kentucky Employers’ Mutual Insurance: 2011 Annual Report.
99. From the Kentucky Personnel Cabinet: 2011 Employee Turnover Report.
100. From the Cabinet for Health and Family Services: Elder Abuse in Kentucky, 2011 Annual Report.
101. From the Cabinet for Health and Family Services, Department for Aging and Independent Living: FY 2011 Traumatic Brain Injury Trust Fund Program Annual Report.
102. From the Auditor of Public Accounts: FY 2011 Report on Compliance with Civil Rights Laws Including Agency Title VI Implementation Plans, Updates, and Compliance Reports.
103. From the Auditor of Public Accounts: FY 2011 Report of the Audit of the McCracken County Fiscal Court.
104. From the Kentucky Legislative Ethics Commission: Recommended changes to the Legislative Code of Ethics 2012.
No action was taken on Item W. under New Business, pertaining to a request for the Interim Joint Committee on Appropriations and Revenue to meet on September 26 in northern Kentucky.
Adjournment
There being no further business, the meeting was thereby adjourned at 10:05 a.m.