Call to Order and Roll Call
The 537th meeting of the Legislative Research Commission was held on Wednesday, September 5, 2012, 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 "Malano" Seum, Katie Stine, Robert Stivers II, and Johnny Ray Turner; Representatives Rocky Adkins, Larry Clark, Bob M. DeWeese, Danny Ford, and Tommy Thompson.
Guests: Geoff Mearns, President, Northern Kentucky University.
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 28, 2012; accept and refer as indicated items A. through I. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through O. under New Business; and accept and refer as indicated items 1. through 30. under Communications. A motion was made by Representative Stumbo and seconded by Senator Stine. A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred:
The minutes of the June 28, 2012 meeting were approved.
Staff and Committee Reports
A. Information requests June 2012 through August 2012.
B. Committee Activity Reports for June, July, and August 2012.
C. Reports of the Administrative Regulation Review Subcommittee meetings of June 12, July 10, and August 14, 2012.
D. Committee review of administrative regulations by the Education Assessment and Accountability Review Subcommittee during its meetings of June 12 and August 14, 2012.
E. Committee review of administrative regulations by the Interim Joint Committee on Education during its meeting of July 13, 2012.
F. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meeting of August 15, 2012.
G. Committee review of Executive Reorganization Order 2012-418 by the Interim Joint Committee on Veterans, Military Affairs, and Public Protection during its meeting of July 12, 2012.
H. Committee review of Executive Reorganization Order 2012-419 by the Interim Joint Committee on Education during its meeting of August 13, 2012.
I. Committee review of Executive Reorganization Order 2012-561 by the Interim Joint Committee on Education during its meeting of August 13, 2012.
New Business
A. Referral of prefiled bills to the following committees: BR 54 (relating to dogs) to Agriculture; BR 65 (relating to legislative procedures for state fiscal measures), BR 77 (relating to the angel investor tax credit), and BR 88 (relating to sales and use tax holidays and declaring an emergency) to Appropriations and Revenue; BR 68 (relating to school notification of persons authorized to contact or remove a child) to Education; BR 55 (relating to medical marijuana) and BR 66 (relating to foreign law) to Judiciary; BR 40 (relating to the sale of alcoholic beverages on election days) and BR 84 (relating to the sale of alcoholic beverages on election days) to Licensing and Occupations; BR 45 (relating to fire protection services) to Local Government; and BR 82 (relating to retirement) to State Government.
B. Referral of the administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6) and 158.6471(6): 302 KAR 16:091 (Rides and attractions not included in the definition of amusement ride or attraction) to Agriculture; 103 KAR 31:170 & E (Disaster area relief sales and use tax refunds) to Appropriations and Revenue; 304 KAR 1:040. (Campgrounds) and 304 KAR 1:080 (Kentucky Proud TM Promotion Program) to Economic Development and Tourism; 16 KAR 2:120 (Emergency certification and out-of-field teaching); 703 KAR 5:070 (Procedures for the inclusion of special populations in the state-required assessment and accountability programs); and 703 KAR 5:225 (School and district accountability, recognition, support, and consequences) to Education; 201 KAR 2:340 (Special pharmacy permit for clinical practice); 201 KAR 22:040 (Procedure for renewal or reinstatement of a credential for a physical therapist or a physical therapist assistant); 201 KAR 22:045 (Continued competency requirements and procedures); and 910 KAR 1:190 (Nutrition program for older persons) to Health and Welfare; 501 KAR 6:130 (Western Kentucky Correctional Complex) and 501 KAR 6:140 (Bell County Forestry Camp) to Judiciary; 815 KAR 20:020 (Parts or materials list) and 815 KAR 20:191 (Minimum fixture requirements) to Labor and Industry; 201 KAR 30:030 (Types of appraisers required in federally-related transactions; certification and licensure); 201 KAR 30:125 (Continuing education for appraisers); 201 KAR 30:180 (Distance education standards); 201 KAR 30:190 (Educational requirements for certification); and 815 KAR 35:060 (Licensing of electrical contractors, electricians, and master electricians pursuant to KRS 227A.060) to Licensing and Occupations; 405 KAR 10:011E (Repeal of 405 KAR 10:010 and 405 KAR 10:020); 405 KAR 10:015 & E (General bonding provisions); 405 KAR 10:030 (General requirements for liability insurance); and 405 KAR 16:020 (Contemporaneous reclamation) to Natural Resources and Environment; 502 KAR 10:120 & E (Hazardous materials endorsement requirements) to Transportation.
C. From Senator Tom Jensen and Representative John Tilley, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval to meet on November 19, rather than the regularly scheduled meeting date of November 2. There are three potential conflicts.
D. From Senator Julie Denton and Representative Tom Burch, Co-Chairs of the Interim Joint Committee on Health and Welfare: Memorandum requesting approval to meet on November 9, rather than the regularly scheduled meeting date of November 21. There are no apparent conflicts.
E. From Senator Jack Westwood and Representative Teddy Edmonds, Co-Chairs of the Education Assessment and Accountability Review Subcommittee: Memorandum requesting reappointment of members of the National Technical Advisory Panel on Assessment and Accountability (NTAPAA) and authorization to enter into a one-year personal services contract for each member.
F. From Senator Damon Thayer and Representative Mike Cherry, Co-Chairs of the Interim Joint Committee on State Government: Memorandum requesting approval to meet on September 27, rather than the regularly scheduled meeting date of September 26. There are no apparent conflicts.
G. 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 November 29, rather than the regularly scheduled meeting date of November 22. There are no apparent conflicts.
H. 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 27, rather than the regularly scheduled meeting date of September 26. There are no apparent conflicts.
I. 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 September 26 in northern Kentucky, rather than the regularly scheduled meeting date of September 27. There are no apparent conflicts.
J. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing Representative Keith Hall and Mr. Jerry Young to the Task Force on Middle School Interscholastic Athletics
K. From Senator Alice Forgy Kerr and Representative Rick Nelson, Co-Chairs, Interim Joint Committee on Labor and Industry: Memorandum requesting approval to meet on September 11 at Kentucky Dam Village in conjunction with the Kentucky Labor-Management Conference, rather than the regularly scheduled meeting date of September 13. There are two potential conflicts.
L. From Senator David Givens and Representative Tom McKee, Co-Chairs, Interim Joint Committee on Agriculture: Memorandum requesting authorization and the appointment of members to the Subcommittee on Rural Issues and the Subcommittee on Horse Farming of the Interim Joint Committee on Agriculture.
M. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing Dan Volpe, ATC, to the Task Force on Middle School Interscholastic Athletics.
N. From Bobby Sherman: Memorandum requesting approval of the 2013 Regular Session Calendar.
O. From Bobby Sherman: Memorandum requesting approval of prefiling deadlines for the 2013 Regular Session.
Communications
1. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the fourth quarter of 2011.
2. From the Office of the Attorney General: Constitutional Challenge Reports for the months of May and June 2012.
3. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of June and July 2012:
4. From the Economic Development Finance Authority: Loan data sheets for each loan approved as of the quarter ending June 30, 2012.
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 months of June and July 2012 and year-to-date activity for FY 2012.
6. From the Kentucky Personnel Cabinet: 2012 First Quarterly Turnover Report.
7. From the Cabinet for Economic Development: Semi-Annual Report of Riverport Marketing Assistance Trust Fund for the period January 1 through June 30, 2012.
8. From the Kentucky Commission on the Deaf and Hard of Hearing: Telecommunications Access Program (TAP) Annual Report FY 2012.
9. From the Department of Education: 2012-2014 Biennial Plan for Validation Studies as required by KRS 158.6453(17).
10. From the Kentucky Assistive Technology Loan Corporation: 2011 Annual Report.
11. From the Cabinet for Health and Family Services: FY 2011 Kentucky Colon Cancer Screening Advisory Committee Annual Report.
12. From the Department of Parks: House Bill 166 Annual Report.
13. From the Kentucky Council on Postsecondary Education: Senate Bill 1 (2009) PD Development, Institutional and Entity Plans Report Summary.
14. From the Auditor of Public Accounts: Report of the Audit of the Eastern Kentucky Exposition Center Corporation, FY 2011.
15. From the Auditor of Public Accounts: Report of the Audit of the Foundation for a Healthy Kentucky, Inc., 2011.
16. From the Cabinet for Health and Family Services: FY 2012 Summary of Non-Compliance Findings Assisted Living Community Certification Reviews.
17. From the Education and Workforce Development Cabinet: Unemployment Insurance Report.
18. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending June 30, 2012.
19. From the Personnel Cabinet: 2012 Second Quarter Statewide Turnover Report.
20. From the University of Kentucky, Kentucky Tobacco Research & Development Center: Quarterly Report for the period April 1 through June 30, 2012.
21. From the Kentucky Judicial Form Retirement System: Operating Statements of the Judicial Retirement Fund and the Legislators Retirement Fund for FY 2011; List of investments held by the Fund as of June 30, 2012; and Portfolio Valuations of the Fund as of June 30, 2012.
22. From the Kentucky Commission on Small Business Advocacy: 2011-2012 Annual Report.
23. From the Energy and Environment Cabinet, Division of Waste Management: 2011-2012 Report on Expenditures and Revenues of the Hazardous Waste Management Fund.
24. From the Auditor of Public Accounts: FY 2011 Independent Accountant’s Report on Applying Agreed-Upon Procedures to the Kentucky Department of Education.
25. From Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement for the period ending June 30, 2012.
26. From Kentucky Employers’ Mutual Insurance Authority: Statements indicating financial status for the period ending June 30, 2012.
27. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the first quarter of 2012.
28. From Department of Military Affairs, Office of Adjutant General: FY 2012 Annual Report of Military Family Assistance Trust Fund Board.
29. From the Cabinet for Health and Family Services, Office of the Secretary: Child Abuse and Neglect 2012 Annual Report of Fatalities and Near Fatalities.
30. From the Tourism, Arts, and Heritage Cabinet: FY 2012 1% Transient Room (Lodging) Tax Progress Report.
Adjournment
There being no further business, the meeting was thereby adjourned at 1:50 p.m.