Call to Order and Roll Call
The 544th meeting of the Legislative Research Commission was held on Wednesday, August 6, 2014, at<MeetTime> 1:30 PM, in Room 125 of the Capitol Annex. Representative Larry Clark, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Robert Stivers II, Co-Chair; Senators R.J. Palmer II, Dan "Malano" Seum, Brandon Smith, and Johnny Ray Turner; Representatives John Carney, Larry Clark, Jeff Hoover, Sannie Overly, and Tommy Thompson.
LRC Staff: Marcia Seiler and Christy Glass.
There being a quorum present, Representative Larry Clark called for a motion to approve the minutes of the June 4, 2014 meeting; accept and refer as indicated items A. through E. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items A. through J. under New Business; and accept and refer as indicated items 1. through 20. under Communications. A motion was made by Representative Thompson and seconded by Representative Overly. A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred.
The minutes of the June 4, 2014, meeting were approved.
Staff and Committee Reports
A. Information requests for June 2014 through July 2014.
B. Committee Activity Reports for June 2014 through July 2014.
C. Report of the Administrative Regulation Review Subcommittee meetings on June 10 and July 8, 2014.
D. Committee review of the administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of June 18 and July 16, 2014.
E. Committee review of the administrative regulations by the Interim Joint Committee on Local Government during its meeting of June 25, 2014.
New Business
A. Referral of prefiled bills to the following committees: BR 31 (relating to individual income tax), BR 69 (relating to the inheritance tax) to Appropriations and Revenue; BR 79 (Concurrent Resolution honoring the aviation and aerospace industry upon being the top industry exporter in the Commonwealth and requesting an evaluation of the aviation infrastructure and the industry’s current employment and total economic impact upon the Commonwealth) to Economic Development and Tourism; BR 57 (relating to school funding) to Education; BR 7 (relating to public benefit corporations; BR 11 (relating to drone surveillance); BR 14 (relating to preserving the right of Kentuckians to own and use firearms); BR 19 (relating to the abolition of the death penalty); BR 20 (Concurrent Resolution establishing the Task Force on the Costs of the Death Penalty in Kentucky; BR 21 (proposing an amendment to Section 146 of the Constitution of Kentucky relating to persons entitled to vote); BR 22 (relating to offender reentry); BR 36 (relating to general principles of justification); BR 40 (relating to grandparent visitation rights); BR 56 (relating to trafficking in heroin); BR 80 (relating to the safety of minors and declaring an emergency); BR 90 (proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote) to Judiciary; BR 35 (relating to oaths) to State Government; and BR 30 (relating to the valuation of motor vehicles for property tax purposes) 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): 806 KAR 38:100 (Risk-based capital for health organizations) to Banking and Insurance; 16 KAR 4:060 (Certificate renewals and teaching experience); 704 KAR 3:346 (Repeal of 704 KAR 3:345); 704 KAR 3:370 (Professional Growth and Effectiveness System) to Education; 201 KAR 8:550 (Anesthesia and sedation); 201 KAR 8:571 (Registration of dental assistants); 921 KAR 2:055 (Hearings and appeals); 921 KAR 2:060 (Delegation of power for oaths and affirmations); 921 KAR 3:030 (Application process); 921 KAR 3:042; (Supplemental Nutrition Assistance Program Employment and Training Program); 921 KAR 3:050 (Claims and additional administrative provisions); 921 KAR 3:060 (Administrative disqualification hearings and penalties); 921 KAR 3:070 (Fair hearings); 922 KAR 1:320 (Service appeals); 922 KAR 1:480 (Appeal of child abuse and neglect investigative findings) to Health and Welfare; 501 KAR 6:110 (Roederer Correctional Complex) to Judiciary; 803 KAR 2:300 (General); 803 KAR 2:306 (Occupational health and environmental controls); 803 KAR 2:308 (Personal protective equipment); 803 KAR 2:309 (General environmental controls); 803 KAR 2:314 (Machinery and machine guarding); 803 KAR 2:317 (Special industries); 803 KAR 2:318 (Electrical); 803 KAR 2:400 (Adoption of 29 C.F.R. 1926.1-6); 803 KAR 2:404 (Personal protective and lifesaving equipment); 803 KAR 2:406 (Signs, signals, and barricades); 803 KAR 2:412 (Fall protection); 803 KAR 2:421 (Adoption of 29 C.F.R. Part 1926.950-968); 803 KAR 2:423 (Adoption of 29 C.F.R. Part 1926.1050-1060); 803 KAR 2:500 (Maritime employment); 803 KAR 2:505 (Cranes and derricks in construction); 803 KAR 2:551 (Repeal of 803 KAR 2:550) to Labor and Industry; 804 KAR 1:100 (General advertising practices) to Licensing and Occupations; and 301 KAR 1:201 (Taking of fish by traditional fishing methods) to Natural Resources and Environment.
C. 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 17, rather than the regularly scheduled meeting date of November 27, which is Thanksgiving. There are no apparent conflicts.
D. From Senator Joe Bowen and Representative Steve Riggs, Co-Chairs of the Interim Joint Committee on Local Government: Memorandum requesting approval to meet on November 19, rather than the regularly scheduled meeting date of November 26. There are no apparent conflicts.
E. From Senator Mike Wilson and Representative Derrick Graham, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting approval of the appointment of Senator Reginald Thomas to the Subcommittee on Postsecondary Education.
F. From Senator Paul Hornback and Representative Tom McKee, Co-Chairs of the Interim Joint Committee on Agriculture: Memorandum requesting approval to meet on August 21 at the Kentucky State Fair, rather than regularly scheduled meeting date of August 13. There are twenty-five (25) potential conflicts.
G. From Senator John Schickel and Representative Dennis Keene, Co-Chairs of the Interim Joint Committee on Licensing and Occupations: Memorandum requesting approval to meet on August 12, rather than the regularly scheduled meeting date of August 8. There are three potential conflicts.
H. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum approving compensation for the Acting Director.
I. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum approving the renewal of the National Conference of State Legislators contract until June 30, 2015.
J. From Senator Mike Wilson and Representative Derrick Graham, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting approval to meet outside of the interim on December 8.
Communications
1. From the Office of the Attorney General: Constitutional Challenge Report for the month of May 2014.
2. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of May and June 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 June 30, 2014.
4. From the Cabinet for Health and Family Services: 2014 Annual Kentucky Stroke Encounter Quality Improvement Project (SEQIP) Registry Data Summary Report.
5. From the Cabinet for Health and Family Services: FY 2012 Status of Breast Cancer in the Commonwealth.
6. From the Education and Workforce Development Cabinet: Unemployment Insurance Report for the second quarter of 2014.
7. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Department of Fish and Wildlife Resources Statutory Audit for FY 13.
8. From the Auditor of Public Accounts: Report of the Audit of the Rural Development Fund for FY 13.
9. From the Auditor of Public Accounts: Report of the Audit of the Lung Cancer Research Fund for FY 13.
10. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Health Care Improvement Fund for FY 13.
11. From the Auditor of Public Accounts: Report of the Audit of the Early Childhood Development Fund for FY 13.
12. From the Kentucky Commission on the Deaf and Hard of Hearing: Telecommunications Access Program Annual Report, FY 13.
13. From the Kentucky Personnel Cabinet: 2013 Annual Turnover Report of 15%+.
14. From the Cabinet for Health and Family Services, Department for Community Based Services: 2014 Statewide Strategic Planning Committee for Children in Placement.
15. From the Energy and Environment Cabinet, Division of Waste Management: 2014 Report on Revenues and Expenditures of the Hazardous Waste Management Fund.
16. From the Tourism, Arts and Heritage Cabinet, Kentucky Department of Fish and Wildlife: Report of the Kentucky Department of Fish and Wildlife Resources’ Report from the Statewide Single Audit FY 2013.
17. From the Kentucky Justice and Public Safety Cabinet, Office of the State Medical Examiner: 2013 Annual Report.
18. From the Personnel Cabinet: Personnel Cabinet Quarterly Report as of June 30, 2014.
19. From the Energy and Environment Cabinet, Division of Waste Management: 2014 Hazardous Waste Management Fund Annual Report.
20. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending June 30, 2014.
Senator Stivers expressed his appreciation for the excellent reception that Kentucky had sponsored at the Southern Legislative Conference’s Annual Meeting in Little Rock, Arkansas. He thanked the Speaker Pro Tem, LRC staff, leadership staff, and Marcia Seiler for their hard work in giving others a wonderful impression of Kentucky, and for their hard work in making the state an inviting destination for SLC in 2016 in Lexington.
Representative Larry Clark said that it was the best pre-conference reception he had attended in 30 years and offered his appreciation for the hard work of LRC staff and President Stivers.
There being no further business, the meeting was adjourned.