Call to Order and Roll Call
The 545th meeting of the Legislative Research Commission was held on Wednesday, November 12, 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 and Bob M. DeWeese.
LRC Staff: Marcia Seiler and Christy Glass
There being a quorum present, Senator Robert Stivers called for a motion to approve the minutes of the August 6, 2014, meeting; accept and refer as indicated items A. through L. under Staff and Committee Reports; refer prefiled bills as indicated and approve items A. through H. and item I, which had been distributed to all members separately from the agenda book, under New Business; and accept and refer as indicated items 1. through 54. under Communications. A motion was made by Representative Stumbo and seconded by Senator Thayer. A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred.
The minutes of the August 6, 2014, meeting were approved.
Staff and Committee Reports
A. Information requests for August 2014 through October 2014.
B. Committee Activity Reports for August 2014 through October 2014.
C. Report of the Administrative Regulation Review Subcommittee meetings on August 7, September 12 and October 14, 2014.
D. Committee review of the administrative regulations by the Interim Joint Committee on Education during its meeting of August 11, 2014.
E. Committee review of the administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of September 17 and October 15, 2014.
F. Committee review of the administrative regulations by the Interim Joint Committee on Local Government during its meeting of September 24, 2014.
G. Committee review of Executive Reorganization Order 2014-460 by the Interim Joint Committee on Education during its meeting on August 11, 2014.
H. Committee review of Executive Reorganization Order 2014-559 by the Interim Joint Committee on Education during its meeting on August 11, 2014.
I. Committee review of Executive Reorganization Order 2014-560 by the Interim Joint Committee on Health and Welfare during its meeting on August 4, 2014.
J. Committee review of Executive Reorganization Order 2014-561 by the Interim Joint Committee on Health and Welfare during its meeting on August 4, 2014.
K. Memorandum from Teresa Arnold, Deputy Director for Research, submitting the 2014 Report of the Military and Overseas Voting Assistance Task Force. (Staff suggested committee referral: Veterans, Military Affairs, and Public Protection.)
L. Committee review of Executive Reorganization Order 2014-618 by the Interim Joint Committee on Health and Welfare during its meeting on September 17, 2014.
New Business
A. Referral of prefiled bills to the following committees: BR 65 (relating to legislative procedures for state fiscal measures), BR 116 (relating to coal severance revenues), BR 118 (relating to sales and use tax holidays and declaring an emergency), BR 178 (relating to the promotion of organ and tissue donation), BR 180 (relating to sales and use taxation), BR 203 (relating to tax credits for airport noise mitigation) and BR 236 (relating to TVA in-lieu-of-tax payments and making an appropriation therefor to Appropriations and Revenue; BR 37 (relating to deferred deposit transactions) to Banking and Insurance; BR 34 (relating to interscholastic extracurricular activities), BR 58 (relating to the transfer of academic credit), BR 67 (relating to school notification of persons authorized to contact or remove a child), BR 82 (relating to education), BR 97 (relating to public school standards), BR 175 (relating to districts of innovation) and BR 269 (relating to career readiness) to Education; BR 127 (prohibiting smoking in public places and places of employment) and BR 195 (relating to treatment of substance abuse) to Health and Welfare; BR 3 (relating to substance abuse and declaring an emergency); BR 38 (relating to mandatory prosecutorial training in driving under the influence cases), BR 39 (relating to prosecutions for driving under the influence), BR 64 (relating to sex offender registrants), BR 66 (relating to foreign law), BR 70 (relating to the disposal of vehicles forfeited to law enforcement agencies), BR 96 (relating to stalking), BR 112 (relating to Zohydro), BR 117 (relating to dextromethorphan abuse), BR 151 (relating to criminal records), BR 153 (relating to sexually based offenses), BR 164 (relating to controlled substances and declaring an emergency), BR 168 (relating to controlled substances) and BR 194 (relating to the involuntary termination of parental rights) to Judiciary; BR 216 (relating to rescue squad benefits) to Local Government; BR 78 (relating to fishing license exemptions) to Natural Resources and Environment; BR 68 (proposing an amendment to Section 42 of the Constitution of Kentucky relating to compensation for members of the General Assembly), BR 84 (proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote), BR 85 (relating to the disclosure of public retirement information), BR 91 (relating to retirement), BR 102 (relating to public pension fund investments), BR 113 (proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote), BR 138 (proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote), BR 198 (relating to the Legislators’ Retirement Plan), BR 212 (relating to the Public Pension Oversight Board) and BR 232 (proposing to amend Section 95 of the Constitution of Kentucky relating to the election of state officers) to State Government; BR 71 (relating to the valuation of motor vehicles for property tax purposes), BR 126 (resolution designating portions of Kentucky Route 36 as the “Nicholas County Veterans Memorial Highway” and “Bath County Veterans Memorial Highway.”) and BR 132 (relating to the valuation of motor vehicles for property tax purposes) to Transportation.
B. From Senator Paul Hornback and Representative Tom McKee, Co-Chairs, Interim Joint Committee on Agriculture: Memorandum requesting authorization and approval of membership to the Subcommittee on Horse Farming and the Subcommittee on Rural Issues.
C. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum appointing Dr. Terri Cox Cruey to the Local Superintendents Advisory Council.
D. From Marcia Seiler: Memorandum requesting approval of the 2015 Regular Session Calendar.
E. From Marcia Seiler: Memorandum requesting approval of prefiling deadlines for the 2015 Regular Session.
F. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum authorizing the reappointment of membership of the National Technical Advisory Panel on Assessment and Accountability (NTAPAA).
G. From Senator Mike Wilson and Representative Derrick Graham, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting approval to meet on November 20, at 10:00 a.m. There are no apparent conflicts.
H. 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 outside the interim on December 17. There are no apparent conflicts.
Communications
1. From the Office of the Attorney General: Constitutional Challenge Report for the months of June, July, August, and September 2014.
2. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of July, August, and September 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 September 30, 2014.
4. From Kentucky Employers’ Mutual Insurance Authority: Statement of Assets, Liabilities, and Policyholder Equity; Statement of Income; and State of Solvency as of June 30, 2014.
5. From Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement and Financial Status for the period ending June 30, 2014.
6. From the Kentucky Judicial Form Retirement System: Operating Statements of the Judicial Retirement Fund and the Legislators Retirement Fund for FY14; List of investments held by the Fund as of June 30, 2014; and Portfolio Valuations of the Fund as of June 30, 2014.
7. From the Energy and Environment Cabinet, Department for Environmental Protection, Division of Water: 2014 Annual Report.
8. From the Kentucky Assistive Technology Loan Corporation: FY14 Annual Report.
9. From the Public Protection Cabinet, Department of Insurance: Semi-Annual Report of the Independent External Review Program, January-June 2014.
10. From the Tourism, Arts and Heritage Cabinet: 1% Statewide Lodging Tax Progress Report for FY14.
11. From the Auditor of Public Accounts: Examination of Certain Policies, Procedures, Controls, and Financial Activity of the Cincinnati/Northern Kentucky International Airport.
12. From the Department of Military Affairs, Adjutant General Edward W. Tonini: Military Assistance Trust Fund State Fiscal Year 2014 Annual Report.
13. From the Cabinet for Health and Family Services: FY 14 Summary of Statement of Non-Compliance Findings Assisted Living Community Certification Reviews.
14. From the Cabinet for Economic Development: FY 14 Annual Report for the Kentucky Investment Capital Network.
15. From the Cabinet for Health and Family Services: 2014 Child Abuse and Neglect Annual Report of Fatalities and Near Fatalities.
16. From the Cabinet for Health and Family Services: Report of the Department for Community Based Services Tuition Waiver Program for Youth for the reporting period September 2013-August 2014.
17. From the Kentucky Personnel Board: FY 14 Annual Report.
18. From the Kentucky Department of Fish and Wildlife Resources: FY 14 Hunger Relief Program Report.
19. From the Cabinet for Health and Family Services: Report of the Hospitalization of Kentucky Long-Term Care Facility Residents Due to Influenza Virus, Pneumococcal Disease, and Associated Complications, 2013-2014.
20. From the Finance and Administration Cabinet: FY 14 Disaster Relief Sales and Use Tax Refund Totals.
21. From the Department for Local Government, Cities and Special Districts Branch: Special Purpose Governmental Entity Report.
22. From the University of Kentucky: FY 14 Capital Construction Report.
23. From the Kentucky Department of Agriculture, Surplus Agricultural Commodities Advisory Committee: Report of the Farms to Food Banks Program.
24. From the Personnel Cabinet: 2014 Kentucky Group Health Insurance Board Executive Summary.
25. From the Education and Workforce Development Cabinet: Unemployment Insurance Report for the third quarter of 2014.
26. From the Teachers’ Retirement System of Kentucky: FY 14 In-state Investment Report and Interim Financial Statements as of June 30, 2014.
27. From the Kentucky Board of Medical Licensure: 2014 Annual Report.
28. From the Kentucky Public Transportation Infrastructure Authority: FY 14 Kentucky Public Transportation Infrastructure Authority Operating and Financial Statement as required by KRS 175B.100(1).
29. From the Cabinet for Economic Development: FY 14 Linked Deposit Loan Investment Program Annual Report.
30. From the Cabinet for Health and Family Services: 2014 Charitable Health Providers Annual Report.
31. From Kentucky Higher Education Assistance Authority: FY 14 Annual Actuarial Valuation of the Prepaid Tuition Trust Fund for Kentucky’s Affordable Prepaid Tuition.
32. From the Personnel Cabinet: Personnel Cabinet Quarterly Reports as of October 1, 2014.
33. From the Auditor of Public Accounts: Examination of Certain Policies, Procedures, Controls, and Financial Activity of the Shelby County School District.
34. From the Kenton County Airport Board: Response to the Auditor of Public Accounts’ Report of Examination of Certain Policies, Procedures, Controls, and Financial Activity of the Cincinnati/Northern Kentucky International Airport.
35. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter ending September 30, 2014.
36. From the Energy and Environment Cabinet: FY 14 Annual Report from the Center for Renewable Energy Research and Environmental Stewardship.
37. From the Public Protection Cabinet, Department of Insurance: FY 14 Kentucky Long-Term Care Partnership Program Annual Report.
38. From the Cabinet for Health and Family Services: 2013-2014 Annual Report for the Kentucky HIV/AIDS Planning and Advisory Council.
39. From the Kentucky Employers’ Mutual Insurance Authority: Statement of Assets, Liabilities, and Policyholder Equity; Statement of Income; and Statement of Solvency as of June 30, 2014; and Statement of Actuarial Opinion for the year ended December 31, 2013.
40. From the Kentucky Employers’ Mutual Insurance Authority: 2015 Annual Budget.
41. From the Kentucky Department of Fish and Wildlife Resources: Annual Report on Law Enforcement Division Training.
42. From the Kentucky Personnel Cabinet: FY 14 Annual Report.
43. From the University of Kentucky, College of Agriculture: Kentucky Tobacco Research and Development Center, Quarterly Report for the period July 1 through September 30, 2014.
44. From the Kentucky Commission on Services and Supports for Individuals with Intellectual and Other Developmental Disabilities: 2014 Annual Status Report.
45. From the Kentucky Office of Homeland Security: 2014 Annual Report and Supplement.
46. From the Cabinet for Economic Development: FY 14 Bluegrass State Skills Corporation Annual Report.
47. From the Cabinet for Economic Development: FY 14 Agricultural Warehousing Sites Cleanup Fund Annual Report.
48. From the Cabinet for Economic Development: FY 14 Incentives for Energy Independence Act Annual Report.
49. From the Cabinet for Economic Development: FY 14 Kentucky Enterprise Initiative Act Annual Report.
50. From the Cabinet for Economic Development, Department of Financial Incentives: FY 14 Kentucky Investment Fund Act Annual Report.
51. From the Cabinet for Economic Development: FY 14 Annual Report of the Kentucky Cabinet for Economic Development, Office of Entrepreneurship.
52. From the Tourism, Arts, and Heritage Cabinet: FY 14 Kentucky Production Industry Incentives Program Annual Report.
53. From the Tourism, Arts, and Heritage Cabinet: FY 14 Kentucky Tourism Development Act Incentives Annual Report.
54. From the Cabinet for Health and Family Services: FY 14 Annual Report of Kentucky Child Victims of Human Trafficking.
There being no further business, the meeting was adjourned.