Call to Order and Roll Call
The 543rd meeting of the Legislative Research Commission was held on Wednesday, June 4, 2014, at 1:30 PM, in Room 125 of the Capitol Annex. Senator Robert Stivers II, 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.
LRC Staff: Marcia Seiler and Christy Glass.
There being a quorum present, President Robert Stivers called for a motion to approve the minutes of the December 11, 2013, meeting; accept and refer as indicated items A. through L. under Staff and Committee Reports; refer administrative regulations as indicated and approve items B. through K. under New Business, and corrected item L., which has been distributed separately and reflects a corrected term expiration of April 30, 2016; and accept and refer as indicated items 1. through 43. under Communications. A motion was made by Senator Stine and seconded by Representative Stumbo. A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred.
The minutes of December 11, 2013, meeting were approved
STAFF AND COMMITTEE REPORTS
A. Information requests for December 2013 through May 2014.
B. Committee Activity Reports for December 2013 through May 2014.
C. Report of the Administrative Regulation Review Subcommittee meetings on December 10, 2013, and January 13, February 10, March 10, April 14, and May 13, 2014.
D. Committee review of the administrative regulations by the House Standing Committee on Health and Welfare during its meetings of January 9, February 13, and March 20, 2014.
E. Committee review of the administrative regulations by the Senate Standing Committee on Health and Welfare during its meetings of January 15, February 19 and March 19, 2014.
F. Committee review of the administrative regulations by the Senate Standing Committee on Education during its meeting of January 23, 2014.
G. Committee review of the administrative regulations by the House Standing Committee on Education during its meeting of January 28, 2014.
H. Memorandum from Teresa Arnold, Deputy Director for Research, submitting the 2014 Report of the Unified Juvenile Code Task Force
I. Memorandum from Teresa Arnold, Deputy Director for Research, submitting the 2014 Report on the Probation and Parole System.
J. Committee review of FY 2014 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 its meeting of February 26, 2014.
K. Committee review of SFY 2015 Social Services Block Grant Application by the Senate Standing Committee to Health and Welfare during its meeting of March 19, 2014.
L. Committee review of SFY 2015 Social Services Block Grant Application by the House Standing Committee to Health and Welfare during its meeting of March 20, 2014.
NEW BUSINESS
A. Referral of the administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6) and 158.6471(6): 907 KAR 1:019 & E (Outpatient Pharmacy Program); 907 KAR 1:030 & E (Home health agency services); 907 KAR 1:038 & E (Hearing Program coverage provisions and requirements); 907 KAR 1:039 & E (Hearing Program reimbursement provisions and requirements); 907 KAR 1:044 & E (Coverage provisions and requirements regarding community mental health center services); 907 KAR 1:045 & E (Reimbursement provisions and requirements regarding community mental health center services); 907 KAR 1:054 & E (Coverage provisions and requirements regarding federally-qualified health center services, federally-qualified health center look-alike services, and primary care center services); 907 KAR 1:082 & E (Coverage provisions and requirements regarding rural health clinic services); 907 KAR 1:604 & E (Recipient cost-sharing); 907 KAR 1:631 & E (Vision Program reimbursement provisions and requirements); 907 KAR 1:632 & E (Vision Program coverage provisions and requirements); 907 KAR 3:005 & E (Coverage of physicians' services); 907 KAR 8:005 & E (Definitions for 907 KAR Chapter 8); 907 KAR 8:010 & E (Independent occupational therapy service coverage provisions and requirements); 907 KAR 8:015 & E (Independent occupation therapy service reimbursement provisions and requirements); 907 KAR 8:020 & E (Independent physical therapy service coverage provisions and requirements); 907 KAR 8:025 & E (Physical therapy service reimbursement provisions and requirements); 907 KAR 8:030 & E (Independent speech pathology service coverage provisions and requirements); 907 KAR 8:035 & E (Speech language pathology service reimbursement provisions and requirements); 907 KAR 10:014 & E (Outpatient hospital service coverage provisions and requirements); 907 KAR 13:005 & E (Definitions for 907 KAR Chapter 13); 907 KAR 13:010 & E (Private duty nursing service coverage provisions and requirements); 907 KAR 13:015 & E (Private duty nursing service reimbursement provisions and requirements); 907 KAR 15:005 & E (Definitions for 907 KAR Chapter 15); 907 KAR 15:010 & E (Coverage provisions and requirements regarding behavioral health services provided by independent providers); 907 KAR 15:015 & E (Reimbursement provisions and requirements for behavioral health services provided by independent providers) to Appropriations and Revenue; 102 KAR 1:270 (Statement of member account); 102 KAR 1:320 (Qualified domestic relations orders) to Education; 201 KAR 8:016 (Registration of dental laboratories); 201 KAR 8:532 (Licensure of dentists); 201 KAR 8:562 (Licensure of dental hygienists); 908 KAR 2:240 & E (Kentucky Youth Peer Support Specialist); 908 KAR 2:250 & E (Community support associate; eligibility criteria and training) to Health and Welfare; 500 KAR 8:030 (Administration of breath alcohol tests and chemical analysis tests) to Judiciary; 803 KAR 50:010 (Hearings; Procedure, Disposition) to Labor and Industry; 201 KAR 3:025 (Reciprocity requirements); 201 KAR 3:090 (Administrative fees for applications and services); 201 KAR 14:090 (School curriculum); 201 KAR 14:115 (Examinations; school and board); 804 KAR 1:051 (Repeal of 804 KAR 1:050); 804 KAR 9:050 (Quota retail drink licenses) to Licensing and Occupations; 109 KAR 15:020 (County Budget Preparation and State Local Finance Officer Policy Manual) to Local Government; 301 KAR 2:132 (Elk depredation permits, landowner cooperator permits, and quota hunts) to Natural Resources and Environment; 600 KAR 6:040 (Prequalification of firms for engineering or engineering-related services); 601 KAR 1:230 (Education and safety training for motor carrier operations) to Transportation.
B. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum appointing Commissioners to the National Conference of Commissioners on Uniform State Laws.
C. From Senator Alice Forgy Kerr and Representative Rick G. Nelson, Co-Chairs of the Interim Joint Committee on Labor and Industry: Memorandum requesting approval to meet on September 10, at Kentucky Dam Village State Resort, rather than the regularly scheduled meeting date of September 18. There are seven potential conflicts.
D. From Senator Mike Wilson and Representative Derrick Graham, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting authorization and the appointment of members to the Subcommittee on Postsecondary Education, Subcommittee on Elementary and Secondary Education, and Subcommittee on School Finance of the Interim Joint Committee on Education.
E. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum reappointing members to the Local Superintendents Advisory Council.
F. From Senator Jared Carpenter and Representative Richard Henderson, Co-Chairs of the Special Subcommittee on Energy: Memorandum requesting approval to meet on June 5, in Owensboro, rather than the regularly scheduled meeting date of June 20. There are no apparent conflicts.
G. From Senator Whitney Westerfield and Representative John Tilley, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval to cancel the July 4 meeting, and in lieu thereof, convene a second meeting in August, to be held on August 21, in Lexington in conjunction with the annual Kentucky Prosecutors Conference. There are seven potential conflicts.
H. From Senator Joe Bowen and Representative Brent Yonts, Co-Chairs of the Interim Joint Committee on State Government: Memorandum requesting approval to meet on November 19, rather than regularly scheduled meeting date of November 26. There are four potential conflicts.
I. From Senate President Robert Stivers 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.
J. From Senate President Robert Stivers 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.
K. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum appointing memberships to Interim Joint Committee on Education and Interim Joint Committee on Appropriations and Revenue.
L. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum appointing Henry L. (Steve) Stephens, Jr., to the Kentucky Legislative Ethics Commission.
COMMUNICATIONS
1. From the Office of the Attorney General: Constitutional Challenge Report for the months of November and December 2013 and January, February, March and April, 2014.
2. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of November and December 2013 and January, February, March and April 2014.
3. From the Cabinet for Economic Development, Office of Compliance and Administrative Services: Loan data sheets for each loan approved as of the quarter ending December 31, 2013 and March 31, 2014.
4. From the Auditor of Public Accounts: Cyber Security: Pay Now or Pay More Later, A Report on Cyber Security in Kentucky.
5. From the Personnel Cabinet: 2013 Annual Report of the Kentucky Group Health Insurance Board.
6. From Murray State University: FY 2013 Annual Financial Report.
7. From the Education and Workforce Development Cabinet: Unemployment Insurance Report for the fourth quarter of 2013 and the first quarter of 2014.
8. From the Cabinet for Economic Development: 2013 Report of Programmatic Involvement.
9. From the Justice and Public Safety Cabinet: 2013 Annual Carrying Concealed Deadly Weapons Report KRS 237.110(19)(h)(1-3).
10. From the Justice and Public Safety Cabinet: Annual Report on Mandatory Training for Peace Officers.
11. From the University of Kentucky: FY 13 Audited Financial Statements of the University of Kentucky and its affiliated corporations.
12. From the University of Kentucky: 2012-13 Kentucky Geological Survey Annual Report.
13. From the Personnel Cabinet: Personnel Cabinet Quarterly Reports as of December 31, 2013 and March 31, 2014.
14. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarters Ending December 31, 2013 and March 31, 2014.
15. From the Energy and Environment Cabinet, Division of Waste Management: 2013 Report of Kentucky’s Waste Tire Program.
16. From the Auditor of Public Accounts: FY 13 Report of the Audit of the Kentucky Retirement Systems.
17. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the third and fourth quarters of 2013.
18. From the Administrative Office of the Courts: FY 13 Report of State Citizen Foster Care Review Board.
19. From the Tourism, Arts, and Heritage Cabinet: FY 13 Kentucky Tourism Development Act Incentives Annual Report.
20. From the Tourism, Arts, and Heritage Cabinet: FY 13 Kentucky Production Industry Incentives Annual Report.
21. From the University of Kentucky, College of Agriculture: FY 13 Kentucky Tobacco Research and Development Center Annual Report.
22. From the Auditor of Public Accounts and the Attorney General: 2012-2013 Biennial Report of the Kentucky Employers’ Mutual Insurance Authority.
23. From the Louisville Firefighters Pension Fund: January 1, 2014 Actuarial Valuation and Report of the Louisville Firefighters Pension Fund.
24. From the Kentucky Department of Agriculture: 2013 Kentucky Equine Health and Welfare Council Administrative, Programmatic, and Financial Activity Report.
25. From the Cabinet for Health and Family Services: FY 13 Medicaid Fraud and Abuse Report.
26. From the Kentucky Council and Postsecondary Education: FY 13 Kentucky Coal County College Completion Scholarship Program Evaluation.
27. From the Kentucky Department of Fish and Wildlife Resources: FY 13 Hunger Relief Program Report.
28. From the Education and Workforce Development Cabinet, Kentucky Center for Education and Workforce Statistics: County Profiles for 2014-15.
29. From the University of Kentucky, Center for Business and Economic Research: 2014 Kentucky Annual Economic Report.
30. From the Cabinet for Economic Development: 2012-13 Report for the Business Information Clearinghouse.
31. From Kentucky Employers’ Mutual Insurance: 2013 Annual Statement and Letter of Actuarial Opinion.
32. From the Kentucky State Nature Preserves Commission: 2014 Report on Kentucky’s Native Flora, Status and Trends of Rare Plants.
33. From the Justice and Public Safety Cabinet: 2013 HB 463 Implementation Report.
34. From the Cabinet for Health and Family Services: 2013 Kentucky Elder Abuse Annual Report.
35. From the Cabinet for Health and Family Services: FY 2013 Traumatic Brain Injury Trust Fund Program Annual Report.
36. From the University of Kentucky, College of Agriculture: Kentucky Tobacco Research and Development Center, Quarterly Report for the period January 1 through March 31, 2014.
37. From the Cabinet for Health and Family Services: 2013 Batterer Intervention Provider Program Annual Report.
38. From the Cabinet for Health and Family Services: 2013 Annual Report of the Kentucky Spinal Cord and Head Injury Research Board.
39. From the Finance and Administration Cabinet, Department of Revenue, Office of Property Valuation: 2014 Real Estate Exemption List.
40. From Kentucky Employers’ Mutual Insurance Authority: Statement of Assets, Liabilities, and Policyholder Equity; Statement of Income; and State of Solvency as of March 31, 2014.
41. From Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement and Financial Status for the period ending March 31, 2014.
42. From the Department of Military Affairs: Implementation of Fiscal Year 2013 Single Audit Recommendations.
43. From the Auditor of Public Accounts: Management Performance Review of Certain Policies, Procedures, Controls, and Financial Activity of the Jefferson County Public School District.
There being no further business, the meeting was adjourned.