Call to Order and Roll Call
The 549th meeting of the Legislative Research Commission was held on Wednesday, September 2, 2015, at 10:00 AM, 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, Dan "Malano" Seum, and Damon Thayer; Representatives Rocky Adkins, Johnny Bell, Jim DeCesare, Jeff Hoover, Stan Lee, Sannie Overly, and Jody Richards.
There being a quorum present, Senator Stivers called for a motion to approve the minutes of the August 12, 2015, 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 C. through E. under New Business; and accept and refer as indicated items 1. through 9. under Communications. The motion was made by Representative Stumbo and seconded by Representative Hoover. A roll call vote was taken, and the motion passed with 14 yes votes. The following items were approved, accepted, or referred.
The minutes of the August 12, 2015, meeting were approved.
STAFF AND COMMITTEE REPORTS
A. Information requests for August 2015.
B. Committee Activity Report for August 2015.
C. Reports of the Administrative Regulation Review Subcommittee meeting of August 11, 2015.
D. Committee review of administrative regulations by the Interim Joint Committee on Education during its meeting of August 10, 2015.
E. Committee review of Executive Reorganization Order 2015-397 by the Interim Joint Committee on Health and Welfare during its meeting of August 19, 2015.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 38 (relating to sales and use tax) to Appropriations and Revenue; BR 167 (relating to superintendent screening committee membership) and BR 180 (relating to the commissioner of education) to Education; BR 135 (relating to the solemnization of marriage), BR 154 (related to marriage and making an appropriation therefor), and BR 214 (relating to preserving the right of Kentuckians to own and use firearms) to Judiciary; BR 72 (relating to licensing fees and making an appropriation therefor) to Licensing and Occupations; BR 174 (relating to travel required for certain state employees prior to appointment), BR 178 (proposing to amend Section 95 of the Constitution of Kentucky relating to the election of state officers), and BR 217 (relating to student assistants) to State Government; BR 141 (designating the new downtown bridge on Interstate 65 in Jefferson County in honor of former Governor and United States Senator Wendell H. Ford) to Transportation.
B. Referral of the administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 907 KAR 9:005 (Non-outpatient Level I and Level II psychiatric residential treatment facility service and coverage policies), 907 KAR 9:010 (Reimbursement for non-outpatient Level I and Level II psychiatric residential treatment facility services), 907 KAR 9:015 (Coverage provisions and requirements regarding outpatient services provided by Level I or Level II psychiatric residential treatment facilities), 907 KAR 9:020 (Reimbursement provisions and requirements regarding outpatient behavioral health services provided by Level I or Level II psychiatric residential treatment facilities), 907 KAR 10:014 (Outpatient hospital service coverage provisions and requirements), 907 KAR 10:016 (Coverage provisions and requirements regarding inpatient psychiatric hospital services), 907 KAR 15:080 (Coverage provisions and requirement regarding outpatient chemical dependency treatment center services) and 907 KAR 15:085 (Reimbursement provisions and requirements regarding outpatient chemical dependency treatment center services) to Appropriations and Revenue; 808 KAR 9:010 (Administration and enforcement of KRS 286.9-140 to ensure that check cashers do not violate the law against multiple transactions in excessive amounts by a customer), 808 KAR 12:020 (Claims of exemption), 808 KAR 12:021 (Licensing and registration), and 808 KAR 12:110 (Report of condition) to Banking and Insurance; 16 KAR 2:020 (Occupation-based career and technical education certification), 16 KAR 4:030 (Out-of-state educator preparation), 702 KAR 7:065 (Designation of agent to manage middle and high school interscholastic athletics), 704 KAR 3:303 (Required academic standards), and 705 KAR 4:041 (Work-based learning program standards) to Education; 902 KAR 20:160 (Chemical dependency treatment services and facility specifications), 902 KAR 20:320 (Level I and Level II psychiatric residential treatment facility operation and services), 902 KAR 115:010 (Water fluoridation for the protection of dental health), and 910 KAR 1:270 (Hart-Supported Living grant program) to Health and Welfare; 501 KAR 1:080 (Parole Board policies and procedures), and 501 KAR 6:270 (Probation and parole policies and procedures) to Judiciary; 803 KAR 2:180 (Recordkeeping; reporting; statistics), 803 KAR 2:200 (Confined spaces in construction), 803 KAR 2:250 (Discrimination), 803 KAR 2:305 (Powered platforms, manlifts, and vehicle-mounted work platforms), 803 KAR 2:317 (Special industries), 803 KAR 2:402 (General safety and health provisions), 803 KAR 2:421 (Adoption of 29 C.F.R. Part 1926.950-968), and 803 KAR 2:505 (Cranes and derricks in construction) to Labor and Industry; 201 KAR 30:070 (Grievances), 804 KAR 4:370 (Entertainment destination center license), 810 KAR 1:300 (International medication protocol as a condition of a race), 811 KAR 1:300 (International medication protocol as a condition of a race), and 811 KAR 2:300 (International medication protocol as a condition of a race) to Licensing and Occupations; 301 KAR 1:146 (Commercial fishing gear) to Natural Resources and Environment; 101 KAR 2:020 (Job classification plan), 101 KAR 2:046 (Applications, qualifications, and examinations), 101 KAR 2:056 (Registers) 101 KAR 2:066 (Certification and selection of eligible applicants for appointment), 101 KAR 2:120 (Incentive programs), 101 KAR 3:045 (Compensation plan and pay incentives) to State Government.
C. From Becky Harilson and Steve Collins: Memorandum requesting approval of prefiling deadlines for the 2016 Regular Session.
D. From Laura H. Hendrix: Memorandum requesting approval of the 2016 Regular Session Calendar.
E. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum correcting the expiration date of the appointment term to the Local Superintendents Advisory Council.
COMMUNICATIONS
1. From the Finance and Administration Cabinet, Office of the Controller: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Fund Programs, which reflect activity for Accounting Period 1 of BFY 2016, and year-to-date activity for the period of July 1, 2015, through July 31, 2015.
2. From the Kentucky Personnel Board: FY 2015 Annual Report.
3. From Kentucky Employers’ Mutual Insurance Authority: Statement of Assets, Liabilities, and Policyholder Equity; Statement of Income; and State of Solvency as of June 30, 2015.
4. From Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement and Financial Status for the period ending June 30, 2015.
5. From the Kentucky Department of Fish and Wildlife Resources: 2015 Report of the Status of Hunting Land Access in Kentucky.
6. From the Department of Military Affairs, Adjutant General Edward W. Tonini: Military Assistance Trust Fund State Fiscal Year 2015 Annual Report.
7. From the Finance and Administration Cabinet, Department of Revenue: FY 15 Disaster Relief Sales and Use Tax Refund Totals.
8. From the Cabinet for Health and Family Services: FY 14 Annual Report of the Kentucky Health Care Improvement Authority.
9. From the Auditor of Public Accounts: Examination of Certain Policies, Procedures, Controls, and Financial Activity of the City of Somerset.
Senator Stivers asked for a motion for the LRC to go into Executive Session for the purpose of discussion that may lead to the appointment of an individual to be employed under KRS 61.810(f), which is the position of the Legislative Research Commission Director. A motion was made by Representative Stumbo and seconded by Representative Richards to go into Executive session, and a voice vote was taken. At that time, the LRC went into Executive Session.
After returning from Executive Session, and there being no further business, the meeting was adjourned.