Call to Order and Roll Call
The 540th meeting of the Legislative Research Commission was held on Wednesday, October 2, 2013, 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 Robert Stivers II, Co-Chair; Representative Greg Stumbo, Co-Chair; Senators R.J. Palmer II, Jerry P. Rhoads, Dan "Malano" Seum, Brandon Smith, Katie Stine, Damon Thayer, and Johnny Ray Turner; Representatives Rocky Adkins, John Carney, Larry Clark, Bob M. DeWeese, Sannie Overly, and Tommy Thompson.
Guests: Jay Hartz.
LRC Staff: Robert Jenkins and Christy Glass.
There being a quorum present, Speaker Gregory D. Stumbo called for a motion to approve the minutes of September 4, 2013; accept as indicated items A. through F. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated approve item C. under New Business; accept and refer as indicated items 1. through 14. under Communications. A motion was made by Representative Clark and seconded by Representative Thompson. A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred.
The minutes of the September 4, 2013, meeting were approved.
Staff and Committee Reports
A. Information requests for September 2013.
B. Committee Activity Reports for September 2013.
C. Report of the Administrative Regulation Review Subcommittee meeting of September 11, 2013.
D. Committee review of administrative regulations by the Interim Joint Committee on Education during its meeting of September 9, 2013.
E. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meeting of September 18, 2013.
F. Committee review of Executive Reorganization Order 2013-518 by the Interim Joint Committee on Education during its meeting of September 9, 2013.
New Business
A. Referral of prefiled bills to the following committees: BR 168 (relating to eminent domain) to Energy; BR 79 (relating to animals), BR 100 (relating to naloxone), BR 126 (relating to driving under the influence), BR 164 (relating to probation and parole officers), and BR 173 (proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote) to Judiciary; BR 9 (relating to alcohol and drug counseling) to Licensing and Occupations; BR 121 (relating to consolidated local governmental funds) to Local Government; BR 127 (relating to elections), BR 132 (relating to anti-bullying), and BR 158 (relating to the legislative branch of state government) to State Government; and BR 123 (relating to injury prevention and making an appropriation therefore) to Transportation.
B. Referral of the administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6) and 158.6471(6): 103 KAR 2:005 (Life expectancy table); 103 KAR 16:230 (Intangible expenses, intangible interest expenses, and management fees); 103 KAR 41:120 (Retention of records); 103 KAR 41:200 ( Manufacturers report); 907 KAR 3:225 & E (Specialty intermediate care (IC) clinic service and coverage policies and requirements); 907 KAR 3:230 & E (Reimbursement policies and requirements for specialty intermediate care (IC) clinic services), and 907 KAR 10:018 (Repeal of 907 KAR 10:017, 907 KAR 10:372, and 907 KAR 10:376) to Appropriations and Revenue; 12 KAR 1:116 (Sampling, analyzing, testing, and tolerances); 12 KAR 1:135 (Tags available for purchase from the director); 12 KAR 1:140 (Permits, reports, and fees for persons using own tags); 12 KAR 1:145 (Registration of agricultural seed dealers, noncertified custom seed conditioners, certified seed growers, and certified seed conditioners); 12 KAR 1:150 (Stop sale orders); 12 KAR 1:155 (Schedule of charges for samples submitted for testing); and 12 KAR 1:165 (Germination standards for vegetable seed) to Agriculture; 30 KAR 5:010 & E (Definitions for 30 KAR Chapter 5); 30 KAR 5:020 & E (General provisions); 30 KAR 5:030 & E (Acceptance and refusal of records); 30 KAR 5:040 & E (UCC Information Management System); 30 KAR 5:050 & E (Filing and data entry procedures); and 30 KAR 5:060 & E (Search requests and reports) to Banking and Insurance; 702 KAR 7:065 (Designation of agent to manage middle and high school interscholastic athletics) and 704 KAR 3:303 (Required core academic standards) to Education; 807 KAR 5:009 (Repeal of 807 KAR 5:003); 807 KAR 5:011 (Tariffs); 807 KAR 5:067 (Purchased water adjustment for investor-owned utilities); 807 KAR 5:068 (Purchased water adjustment for water districts and water associations), and 807 KAR 5:075 (Treated sewage adjustment for water districts and water associations) to Energy; 201 KAR 9:016 (Restrictions on use of amphetamine and amphetamine-like anorectic controlled substances); 201 KAR 17:012 (Requirements for licensure); 201 KAR 17:030 (License fees and renewal requirements); 201 KAR 17:034 (Requirements for licensure as a speech-language pathology assistant); 201 KAR 17:036 (Requirements for licensure for an audiologist); 902 KAR 18:011 (Definitions for 902 KAR Chapter 18); 902 KAR 18:021 (Eligibility, certification periods, and time frames for processing applicants); 902 KAR 18:031 (Participant abuse); 902 KAR 18:040 (Fair hearing procedures for participants); 902 KAR 18:050 (Vendor authorization criteria); 902 KAR 18:061 (Vendor violations and sanctions); 902 KAR 18:071 (Participant access determination and civil money penalty); 902 KAR 18:081 (Local agency and vendor hearing process and administrative appeal process); 902 KAR 18:090 (High risk criteria); 902 KAR 30:001 (Definitions for 902 KAR Chapter 30); 902 KAR 30:110 (Point of entry and service coordination); 902 KAR 30:120 (Evaluation and eligibility); 902 KAR 30:130 (Assessment, service planning, and assistive technology); 902 KAR 30:150 (Personnel qualifications); 902 KAR 30:160 (Covered services); 902 KAR 30:180 (Procedural safeguards); 902 KAR 30:200 (Coverage and payment for services); 921 KAR 2:040 (Procedures for determining initial and continuing eligibility); 921 KAR 2:046 (Adverse action; conditions); 921 KAR 2:050 (Time and manner of payments); and 922 KAR 1:450 (Eligibility confirmation for tuition waiver) to Health and Welfare; 501 KAR 6:999 & E (Corrections secured policies and procedures); 503 KAR 1:161 (Repeal of 503 KAR 1:160); and 503 KAR 3:091 (Repeal of 503 KAR 3:090 and 503 KAR 3:100) to Judiciary; 787 KAR 1:090 (Unemployed worker's reporting requirements) to Labor and Industry; 201 KAR 11:220 (Errors and omissions insurance requirements); 201 KAR 45:001 (Definitions); 201 KAR 45:070 (Application procedures for current practitioners); 201 KAR 45:100 (Fees); 201 KAR 45:110 (Supervision and work experience); 201 KAR 45:120 (Renewal, reinstatement, and inactive status); 201 KAR 45:130 (Continuing education); 201 KAR 45:140 (Code of ethics); 201 KAR 45:150 (Complaint procedures); 201 KAR 45:160 (Scope of practice); 804 KAR 4:400 & E (ABC basic application form incorporated by reference); and 804 KAR 4:410 & E (Special applications and registration forms incorporated by reference) to Licensing and Occupations; 815 KAR 4:030 & E (Elevator contractor licensing requirements) and 815 KAR 4:040 & E (Elevator mechanic licensing requirements) to Local Government; 301 KAR 1:150 (Waters open to commercial fishing); 301 KAR 1:201 (Recreational fishing limits); 301 KAR 2:132 (Elk depredation permits, landowner cooperator permits, and quota hunts); 301 KAR 2:300 (Black bear seasons and requirements); 418 KAR 1:010 (Definitions for 418 KAR Chapter 1); 418 KAR 1:040 (Grant applications); and 418 KAR 1:050 (Procedures for acquisitions of land) to Natural Resources and Environment; and, 601 KAR 13:025 (Point system) to Transportation.
C. From Senator Mike Wilson and Representative Derrick Graham, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting approval to hold an additional meeting outside the interim on December 9; and requesting approval for its subcommittees to meet on the same day. There are no apparent conflicts.
Communications
1. From the Office of the Attorney General: Constitutional Challenge Report for the month of July 2013.
2. From the Finance and Administration Cabinet: Monthly Investment Income Report for the month of August 2013.
3. 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 August 2013; and activity for the period of July 1 through August 31, 2013.
4. From the Cabinet for Health and Family Services, Department for Community Based Services: 2013 Statewide Strategic Planning Committee for Children in Placement, Statewide Strategic Plan and Annual Report.
5. From the Auditor of Public Accounts: FY 13 Report of the Audit of the Kentucky Department of Veterans Affairs Veteran’s Program Trust Fund.
6. From the Auditor of Public Accounts: FY 13 Report of the Audit of the Kentucky Department of Agriculture Spay and Neuter Program.
7. From the Auditor of Public Accounts: FY 13 Report of the Audit of the Kentucky Heritage Land Conservation Fund.
8. From the Auditor of Public Accounts: FY 13 Report of the Audit of the Cabinet for Health and Family Services Breast Cancer Research and Education Trust Fund Grant Program.
9. From the Kentucky Personnel Board: FY 13 Annual Report.
10. From the Teachers’ Retirement System of Kentucky: In-state Investment Report for FY 13 and Interim Financial Statements for the Quarter ended June 30, 2013.
11. From the Teachers’ Retirement System of Kentucky: FY 13 Annual Report.
12. From the Kentucky Board of Medical Licensure: 2013 Annual Report.
13. From the Finance and Administration Cabinet, Department of Revenue: FY 13 Disaster Relief Sales and Use Tax Refund Totals.
14. From the University of Kentucky: FY 13 Capital Construction Report.
Senator Stivers called for a motion that the LRC name Marcia Seiler as acting director in charge, and be given all authority of the director, as derived from the pertinent statutes for the director of the Legislative Research Commission. A motion was made by Senator Stivers and seconded by Senator Stine. A roll call vote was taken, and the motion passed unanimously.
Senator Stivers addressed to the Committee regarding the direction the Committee should take in seeking to find a new director of the LRC. He asked that Jay Hartz communicate to the Committee what ideas and suggestions he had obtained from the National Conference of State Legislatures (NCSL) regarding the search for a new director.
Mr. Hartz said that South Dakota is also looking for a new director and had asked NCSL to assist. NCSL conducted a performance audit of South Dakota’s Legislative Research Council and compared it to ten other legislatures. NCSL made specific recommendations for South Dakota to consider in the process of hiring a new director. NCSL surveyed the South Dakota General Assembly to determine what was liked and not liked about staffing, and asked members for recommendations.
The performance audit was delivered in early September 2013. South Dakota has appointed an interim director, and NCSL is helping develop a new job description for the new director and helping create a screening committee to deal with all of the resumes.
Mr. Hartz contacted the Senate Majority Whip and found that South Dakota was pleased with NCSL’s work.
Senator Stivers asked how the audit was funded. Mr. Hartz will look for that information.
Representative Overly asked how long the process might take. Mr. Hartz said it took about one and a half months for NCSL to complete the audit.
Representative Adkins asked whether NCSL had sent anyone to South Dakota during the study. Mr. Hartz said that it appeared that NCSL had sent three people to the state.
Representative Adkins said that NCSL may be able to act quickly in Kentucky now that it has completed the South Dakota study.
Mr. Hartz agreed and said that, when Senate President Stivers and he went to the CSG meeting in Kansas City, they met with the Director of the Alabama equivalent of LRC. The director said that NCSL uses the Kentucky Legislative Research Commission--generally the structure of LRC --to provide suggestions to other states on how to think through things. Mr. Hartz felt that NCSL already has an understanding of how LRC is structured.
Representative Clark said he hoped that NCSL would interview LRC leadership staff and nonpartisan staff, in addition to interviewing members. Mr. Hartz said that NCSL had surveyed South Dakota members, but he was uncertain whether staff had been interviewed.
Representative Thompson asked whether NCSL has completed this type of study in ten other states. Mr. Hartz said that NCSL had compared South Dakota’s staffing to ten other states for perspective.
Senator Stivers called for a motion that the representatives from the House Minority and Majority offices, Senate Minority and Majority offices, and leadership staff work with Jay Hartz to open discussion with NCSL a performance audit and to make recommendations about starting the procedure of finding a new director. Following a motion by Senator Stivers and a second by Senator Smith, a roll call vote was taken, and the motion passed unanimously.
Representative DeWeese told the Committee that Representative Hoover had an unexpected illness and was not able to attend the meeting.
Adjournment
There being no further business, the meeting was adjourned at 2:10 p.m.