Call to Order and Roll Call
The 547th meeting of the Legislative Research Commission was held on Wednesday, June 3, 2015, 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 Julian M. Carroll, David P. Givens, Jimmy Higdon, Gerald A. Neal, Dan "Malano" Seum, and Damon Thayer; Representatives Johnny Bell, Jim DeCesare, Jeff Hoover, Stan Lee, Sannie Overly, and Jody Richards.
LRC Staff: Robert Jenkins and Christy Glass.
There being a quorum present, Senator Stivers called for a motion to approve the minutes of the February 4, 2015, meeting; accept and refer as indicated items A. through H. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through X. under New Business; and accept and refer as indicated items 1. through 32. under Communications. The motion was made by Senator Thayer and seconded by Representative Richards. A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted or referred.
The minutes of the November 12, 2014, meeting were approved.
Staff and Committee Reports
A. Information requests for February through May 2015.
B. Committee Activity Reports for February 2015 through May 2015.
C. Report of the Administrative Regulation Review Subcommittee meetings on February 9, March 10, April 14, and May 5, 2015.
D. Committee review of the administrative regulations by the Senate Standing Committee on Health and Welfare during its meetings on February 4 and February 25, 2015.
E. Committee review of the administrative regulations by the House Standing Committee on Health and Welfare during its meetings on February 5 and February 26, 2015.
F. Committee review of FY 2015 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 their meeting of February 25, 2015.
G. Committee review of FY 2016 Social Services Block Grant Application by the Senate Standing Committee on Health and Welfare during its meeting of March 4, 2015.
H. Committee review of FY 2016 Social Services Block Grant Application by the House Standing Committee on Health and Welfare during its meeting of March 10, 2015.
New Business
A. Referral of prefiled bills to the following committees: BR 15 (an act relating to service animals) and BR 17 (an act relating to criminal records) to Judiciary; and BR 18 (an act proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote) 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): 103 KAR 3:030 & E (Property and Severance Forms manual), 907 KAR 1:044 (Coverage provisions and requirements regarding community mental health center behavioral health services), 907 KAR 1:102 (Advanced practice registered nurse services), 907 KAR 1:350 (Coverage and payments for organ transplants) and 907 KAR 10:826 (Repeal of 907 KAR 10:825) to Appropriations and Revenue; 11 KAR 4:080 (Student aid applications), 11 KAR 5:145 (CAP grant award determination procedure), 11 KAR 15:010 (Definitions for 11 KAR Chapter 15) and 11 KAR 15:090 (Kentucky Educational Excellence Scholarship (KEES) program) to Education; 900 KAR 2:050 (Transfer and discharge rights), 908 KAR 2:220 & E (Adult peer support specialist), 908 KAR 2:230 & E (Kentucky family peer support specialist), 908 KAR 2:260 & E (Targeted case manager: eligibility and training), 910 KAR 1:140 (Appeal Procedures), 910 KAR 1:170 (Older American Act supportive services for the elderly), 910 KAR 1:210 (Kentucky Long-term Care Ombudsman Program) and 910 KAR 1:220 (General admission, programs for older individuals and persons with disabilities) to Health and Welfare; 803 KAR 1:035 (Hearing procedure) to Labor and Industry, 201 KAR 10:050 (Fees), 201 KAR 44:010 (Fees) and 804 KAR 7:011 (Repeal of 804 KAR 7:010) to Licensing and Occupations; 101 KAR 2:102 (Classified leave general requirements), 101 KAR 2:105 (Sick leave sharing procedures), 101 KAR 2:106 (Annual leave sharing procedures), 101 KAR 2:160 (Kentucky Employee Assistance Program (KEAP)), 101 KAR 2:180 (Employee performance evaluation system) and 101 KAR 3:015 (Leave requirements for unclassified service) to State Government.
C. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing membership to the Subcommittee on Tourism Development.
D. 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.
E. 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.
F. From Senator Whitney Westerfield and Representative John Tilley, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval to meet June 15 in Lexington, rather than the regularly scheduled meeting date of June 5. 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 meet on July 27 in West Liberty, rather than the regularly scheduled meeting date of July 3. There are no apparent conflicts.
H. From Senator Whitney Westerfield and Representative John Tilley, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval to meet on August 24, rather than the regularly scheduled meeting date of August 7. There are no apparent conflicts.
I. From Senator Whitney Westerfield and Representative John Tilley, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval to meet on September 25, in Louisville, rather than the regularly scheduled meeting date of September 4. There are no apparent conflicts.
J. From Senator Whitney Westerfield and Representative John Tilley, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval to meet in Hopkinsville for the October meeting.
K. From Senator Whitney Westerfield and Representative John Tilley, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval to meet in Highland Heights for the November meeting. From Senator Christian McDaniel and Representative Rick Rand, Co-Chairs of the Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on November 16, rather than the regularly scheduled meeting date of November 26. There are no apparent conflicts.
L. From Senator Ernie Harris and Representative Hubert Collins, Co-Chairs of the Interim Joint Committee on Transportation: Memorandum requesting approval to meet on November 5, rather than the regularly scheduled meeting date of November 3, which is Election Day. There are no apparent conflicts.
M. 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 June 18, in Northern Kentucky, rather than the regularly scheduled meeting date of June 12. There are nine potential conflicts.
N. From Senator Chris McDaniel and Representative Rick Rand, Co-Chairs of the Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on June 18, in Northern Kentucky, rather than the regularly scheduled meeting date of June 25. There are (15) potential conflicts.
O. From Senator Chris McDaniel and Representative Rick Rand, Co-Chairs of the Interim Joint Committee on Appropriations and Revenue: Memorandum requesting authorization and appointment of membership to the Subcommittee on 2016-2018 Budget Preparation and Submission of the Legislative Research Commission.
P. From Senator Chris Girdler and Representative Kevin Sinnette, Co-Chairs of the Capital Projects and Bond Oversight Committee: Memorandum requesting authorization to Expend Funds to Evaluate the Funding Process of the Louisville Arena Authority.
Q. 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 15, at Kentucky Dam Village State Resort, rather than the regularly scheduled meeting date of September 17. There are two potential conflicts.
R. From Representative Sannie Overly, House Majority Caucus Chair: Memorandum requesting LRC recognition of the Women’s Caucus.
S. 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 June 17, rather than the regularly scheduled meeting date of June 18. There is one potential conflict.
T. From Senator Mike Wilson and Representative Derrick Graham, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting authorization and appointment of members to the Subcommittee on Postsecondary Education, and Subcommittee on Elementary and Secondary Education of the Interim Joint Committee on Education.
U. From Senator Paul Hornback and Representative Tom McKee, Co-Chairs of the Interim Joint Committee on Agriculture, and Senator Whitney Westerfield and Representative John Tilley, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval for the Interim Joint Committee on Agriculture and the Interim Joint Committee on Judiciary to switch regular meeting days for the month of October, with Agriculture meeting on October 2 in Lexington, and Judiciary meeting on October 14 in Hopkinsville. There are no apparent conflicts.
V. From Senator Paul Hornback and Representative Tom McKee, Co-Chairs of the Interim Joint Committee on Agriculture: Memorandum requesting approval to meet on August 27, rather than the regularly scheduled meeting date of August 12. There are (15) potential conflicts.
W. From Senator Robin Webb: Memorandum requesting LRC recognition of the Sportsman’s Caucus.
Communications
1. From Senator Danny Carroll and Representative Martha Jane King, Co-Chairs of the Program Review and Investigations Committee: Memorandum regarding opportunity for appointment of ex officio members for particular studies.
2. From the Office of the Attorney General: Constitutional Challenge Report for the months of December 2014, and January, February, and March 2015.
3. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of January, February, March, and April 2015.
4. From the Cabinet for Economic Development, Office of Compliance and Administrative Services: Loan data sheets for each loan approved as of the quarter ending March 31, 2015.
5. From the Cabinet for Health and Family Services, Department for Public Health: FY 13 Status of Breast Cancer in the Commonwealth Annual Report.
6. From the University of Kentucky, Office of the Treasurer: 2014 Kentucky Tobacco Research and Development Center Financial Statements.
7. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the fourth quarter of 2014.
8. From the Justice and Public Safety Cabinet, Department of Corrections: FY 14 Annual Report.
9. From the Cabinet for Health and Family Services: FY 14 Kentucky Elder Abuse Annual Report.
10. From the Cabinet for Health and Family Services, Department for Behavioral Health, Developmental and Intellectual Disabilities: 2014 Locally Grown Food Use Report.
11. From the Administrative Office of the Courts: 2014 Annual Report for the Kentucky Citizen Foster Care Review Boards:
12. From the Cabinet for Health and Family Services: 2013 Kentucky Colon Cancer Screen Advisory Committee Annual Report.
13. From the University of Kentucky, Center for Business and Economic Research: 2015 Kentucky Annual Economic Report.
14. From the Cabinet for Health and Family Services: 2015 Kentucky Diabetes Report.
15. From Kentucky Employers’ Mutual Insurance: 2014 Annual Statement and Letter of Actuarial Opinion.
16. From the Auditor of Public Accounts: FY 14 Report of the Audit of the Green River Regional Educational Cooperative, Inc.
17. From the Kentucky State Nature Preserves Commission: 2015 Biennial Report.
18. From the Louisville Policemen’s Retirement Fund: 2015 Actuarial Valuation and Report.
19. From the Cabinet for Health and Family Services: 2014 Annual Report of the Kentucky Spinal Cord and Head Injury Research Board.
20. From the Kentucky Employers’ Mutual Insurance: 2014 KEMI’s Authority Management’s Discussion and Analysis with Supplementary Schedules.
21. From the Education and Workforce Development Cabinet: Unemployment Insurance Report for the first quarter of 2015.
22. From the Kentucky Employers’ Mutual Insurance: 2013-14 Report of Independent Auditors.
23. From the Personnel Cabinet: Personnel Cabinet Quarterly Reports as of March 31, 2015.
24. From the Kentucky Council on Postsecondary Education: Letter regarding information on postsecondary education students participating in the tuition and mandatory fee waiver program for foster or adopted children.
25. From the Kentucky Department of Agriculture: 2014 Kentucky Equine Health and Welfare Council Administrative, Programmatic and Financial Activity Report.
26. From the Kentucky Association of Food Banks, Surplus Agricultural Commodities Advisory Committee: Report of the Farms to Food Banks Program.
27. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, quarter ending March 31, 2015.
28. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the 1st quarter of 2015.
29. From the University of Kentucky, College of Agriculture: Kentucky Tobacco Research and Development Center, 1st Quarter Report, ending March 31, 2015.
30. From Kentucky Employers’ Mutual Insurance Authority: Statement of Assets, Liabilities, and Policyholder Equity; Statement of Income; and State of Solvency as of March 31, 2015.
31. From Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement and Financial Status for the period ending March 31, 2015.
32. From the Cabinet for Health and Family Services: 2014 Batterer Intervention Provider Program Annual Report.
Other Business
Senator Stivers asked if any member wished to discuss new business. Senator Higdon asked that President Stivers and Speaker Stumbo make the Kentucky Retired Teachers Association a priority in January 2016. President Stivers said that he and the Speaker had already been discussing this issue. Speaker Stumbo said that he thinks a report from the Pension Oversight Committee needs to be delivered to LRC by October or November in order to prepare for hearings. President Stivers agreed, saying the report should be no later than November.
A memorandum was handed out requesting approval of the creation of and appointments to the 2015 Senate Bill 192 Implementation Oversight Committee. A motion was made by Representative Stumbo and seconded by Representative Hoover. A roll call vote was taken, and the motion passed unanimously.
President Stivers stated that he and the Speaker and other leaders from each chamber have been in discussion regarding the conclusion of the NCSL report and the necessity of a motion to start the search for a new director. Speaker Stumbo moved to: appoint the President of the Senate, Speaker of the House, Minority Floor Leaders of the Senate and the House and one female or minority Senate member and one female or minority House member, to be selected by the President of the Senate and the Speaker of the House, respectively, as the members of the LRC Director Search Committee, and that these six members be given the authority to engage an independent search consultant and incur costs, not to exceed $25,000 without additional Commission authority, for the purpose of identifying suitable candidates for the Commission’s consideration for the appointment of LRC Director; use the statutory job description for the position of LRC Director as well as the job description provided by NCSL for the position of LRC Director in seeking and evaluation applicants for this position; conduct a national search, and that the current LRC acting director and any current employees be considered if they apply; that the full LRC be given a choice of three candidates to consider for employment on or before LRC’s September 2015 meeting, or a briefing to document progress. The motion was seconded by Senator Carroll, and a roll call vote was taken. The motion passed unanimously.
There being no further business, the meeting was adjourned.