Call to Order and Roll Call
The 551st meeting of the Legislative Research Commission was held on Wednesday, October 7, 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, Ray S. Jones II, Gerald A. Neal, and Dan "Malano" Seum, Representatives Rocky Adkins, Jim DeCesare, and Jody Richards.
LRC Staff: Christy Glass and Robert Jenkins.
There being a quorum present, Senator Stivers called for a motion to approve the minutes of September 23, 2015, meeting, and accept and refer as indicated items A. through F. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through G. under New Business; and accept and refer as indicated items 1. through 13. under Communications. A motion was made by Senator Carroll and seconded by Senator Seum. A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred.
The minutes of the September 23, 2015, meeting were approved.
STAFF AND COMMITTEE REPORTS
A. Information requests for September 2015.
B. Committee Activity Report for September 2015.
C. Report of the Administrative Regulation Review Subcommittee meeting of September 8, 2015.
D. Committee review of administrative regulations by the Interim Joint Committee on Education during its meeting of September 14, 2015.
E. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meeting of September 16, 2015.
F. From Pam Thomas, CSA of the Interim Joint Committee on Appropriations and Revenue, Jenny Anglin, Assistant Budget Director, and Justin Perry, Legislative Fiscal Analyst: Memo regarding the Review of Off-Budget Accounts.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 77 (relating to ziplines) to Agriculture; BR 122 (relating to the impact of federal funds of natural resources severance and processing tax upon distributions from the local government economic assistance fund) and BR 255 (relating to legislative procedures for state fiscal measures) to Appropriations and Revenue; BR 126 (relating to medical coverage) to Banking and Insurance; BR 134 (relating to tuition waivers for children) and BR 257 (relating to school notification of persons authorized to contact or remove a child) to Education; BR 125 (relating to physicians) and BR 127 (relating to the Board of Medical Licensure) to Health and Welfare; BR 1 (relating to powdered or crystalline alcoholic beverage products), BR 11 (relating to tenancies in real property), BR 65 (relating to the safety of minors and declaring an emergency), BR 158 (relating to involuntary treatment for substance abuse), BR 222 (relating to donated clothing, household items, or other items), BR 225 (relating to public benefit corporations), BR 241 (relating to the safety of persons and animals and declaring an emergency), BR 254 (relating to sex offender registrants) and BR 256 (relating to foreign law) to Judiciary; BR 45 (relating to welding safety) to Licensing and Occupations; BR 236 (Concurrent Resolution directing the staff of the Legislative Research Commission to study municipal bankruptcy) to Local Government; BR 7, (relating to the Health Insurance Trust Fund and making an appropriation therefor), BR 176 (relating to elections) and BR 258 (proposing an amendment to Section 42 of the Constitution of Kentucky relating to compensation for members of the General Assembly) to State Government; and BR 91 (relating to emergency medical services) to Veterans, Military Affairs, and Public Protection.
B. Referral of the administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 907 KAR 1:055 (Payments for primary care center, federally-qualified health center, federally-qualified health center look-alike, and rural health clinic services) to Appropriations and Revenue; 808 KAR 10:500 (Required forms, fees, filing procedures, and recordkeeping requirements for persons operating pursuant to KRS 292.411 and KRS 292.412, the Kentucky Intrastate Crowdfunding Exemption) to Banking and Insurance; 11 KAR 15:090 (Kentucky Educational Excellence Scholarship (KEES) program), 11 KAR 15:100 (Comprehensive transition and postsecondary programs) and 11 KAR 16:060 (Early Childhood Development Scholarship Program system of monetary incentives) to Education; 201 KAR 2:370 (Pharmacy services in long-term care facility (LTCF)), 201 KAR 20:056 (Advanced practice registered nurse licensure and certification requirements), 201 KAR 20:062 (Standards for advanced practice registered nurse (APRN) programs of nursing), 201 KAR 20:064 (Repeal of 201 KAR 20:061), 201 KAR 20:070 (Licensure by examination), 201 KAR 20:110 (Licensure by endorsement), 201 KAR 20:215 (Continuing competency requirements), 201 KAR 20:225 (Reinstatement of license), 201 KAR 20:230 (Renewal of licenses), 201 KAR 20:370 (Applications for licensure), 201 KAR 20:390 (Nursing Incentive Scholarship Fund), 900 KAR 5:020 (State Health Plan for facilities and services), 900 KAR 10:010 (Exchange participation requirements and certification of qualified health plans and qualified stand-alone dental plans), 902 KAR 20:420 & E (Pain management facilities), 902 KAR 45:120 (Inspection and permit fees: hotels, manufactured or mobile home communities, recreational vehicle communities, youth camps, and private water supplies), 908 KAR 3:050 (Per Diem rates), 908 KAR 3:060 (“Means test” for determining patient liability), 921 KAR 1:400 (Establishment, review, and modification of child support and medical support orders), 921 KAR 3:060 & E (Administrative disqualification hearings and penalties) and 921 KAR 3:070 & E (Fair Hearings) to Health and Welfare; 501 KAR 6:241 (Repeal of 501 KAR 6:240) to Judiciary; 787 KAR 2:040 & E (Local workforce development area governance) to Labor and Industry; 201 KAR 12:110 & E (School license), 804 KAR 4:390 (License renewals), 804 KAR 4:400 & E (ABC basic application and renewal form incorporated by reference), 804 KAR 4:410 & E (Special applications and registration forms incorporated by reference), 804 KAR 9:040 (Quota retail package licenses), 804 KAR 9:050 (Quota retail drink licenses), 810 KAR 1:070 (Kentucky thoroughbred breeders’ incentive fund), 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), 811 KAR 2:300 (International medication protocol as a condition of a race), 815 KAR 20:060 (Quality and weight of materials), 815 KAR 20:100 (Joints and connections), 815 KAR 20:130 (House sewers and storm water piping; methods of installation), and 815 KAR 35:020 (Electrical inspections) to Licensing and Occupations; 301 KAR 1:015 (Boat and motor restrictions) and 301 KAR 1:201 (Taking of fish by traditional fishing methods) to Natural Resources; 30 KAR 7:010 (Standard form for occupational license fee return), 101 KAR 2:034 (Classified compensation administrative regulations), 105 KAR 1:200 (Retirement procedures and forms), and 200 KAR 5:365 & E (Alternative project delivery methods for capital construction) to State Government; 603 KAR 5:155 (Removal and pruning of vegetation), 603 KAR 10:002 (Definitions for 603 KAR Chapter 10), 603 KAR 10:010 (Static advertising devices), and 603 KAR 10:021 (Electronic advertising devices) to Transportation.
C. 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 18, rather than the regularly scheduled meeting date of November 25. There are no apparent conflicts.
D. From Senator Paul Hornback and Representative Tom McKee, Co-Chairs of the Interim Joint Committee on Agriculture: Memorandum requesting authorization and approval of the Subcommittee on Rural Issues and Horse Farming, and also requesting approval to meet on November 4, rather than the regularly scheduled meeting date of November 11. There are four potential conflicts.
E. From Senator Julie Raque Adams and Representative Tom Burch, Co-Chairs of the Interim Joint Committee on Health and Welfare: Memorandum requesting approval to meet outside of the interim, on December 16. There are no apparent conflicts.
F. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum adjusting memberships of Budget Review Subcommittees
G. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum appointing Representative Lynn Bechler to the Interim Joint Committee on Labor and Industry.
COMMUNICATIONS
1. From the Finance and Administration Cabinet: Monthly Investment Income Report for the month of August 2015
2. From the Office of the Attorney General: Constitutional Challenge Report for the months of May, June, and July 2015.
3. 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 2 of BFY 2016, and year-to-date activity for the period of July 1, 2015, through August 31, 2015
4. 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.
5. From the Kentucky Judicial Form Retirement System: Operating Statements of the Judicial Retirement Fund and the Legislators Retirement Fund for FY15; List of investments held by the Fund as of June 30, 2015; and Portfolio Valuations of the Fund as of June 30, 2015
6. From the Tourism, Arts and Heritage Cabinet, Kentucky Department of Fish and Wildlife Resources: FY 15 Hunger Relief Program Report. (Staff suggested committee referral: Natural Resources and Environment and Appropriations and Revenue.) Pursuant to KRS 150.150.
7. From the Public Protection Cabinet, Department of Insurance: Semiannual Report on Independent External Review Program, January-June 2015
8. From the Public Protection Cabinet, Department of Insurance: 2014 Annual Early Warning Analyst Report.
9. From the Cabinet for Health and Family Services: 2015 Child Abuse and Neglect Annual Report of Fatalities and Near Fatalities.
10. From the Auditor of Public Accounts: FYS 14-15 Report of the Audit of the Examination of the Lease Law Compliance.
11. From the Education and Workforce Development Cabinet: Unemployment Insurance Report for the third quarter of 2015
12. From the Cabinet for Health and Family Services: 2015 Charitable Health Providers registered with the Cabinet of Health and Family Services.
13. From the Kentucky Board of Medical Licensure: 2015 Annual Report.
New Business
Senator Stivers introduced the new LRC Director, David Byerman, and asked Mr. Byerman to say a few words regarding his first few days with LRC.
Mr. Byerman expressed his thanks to the Commission for the timing of his arrival, as he explained that October 6-10 is Kentucky Public Service Recognition week. Mr. Byerman made the Commission aware of some steps he had taken to show staff that they are appreciated. Some of the things he has initiated include an OpEd, which Mr. Byerman has sent to several newspapers around Kentucky recognizing LRC’s 390 permanent, nonpartisan legislative staff. He is also giving away gift cards all week long to random staff employees. Finally, he has created a sign with the LRC logo and the words “We are LRC” underneath the logo. Mr. Byerman has asked all staff, partisan and nonpartisan to sign the sign proclaiming that we are, in fact, LRC. This sign will be framed and hung outside the Director’s office.
Mr. Byerman stated that he and staff have a legislative session to prepare for in three short months, and his priority has to be that he and staff provide the services that legislators need to make that session go off without a hitch.
Mr. Byerman said that, after getting past the session and into the next interim, he will be in a position to make more substantive progress on issues. He believes that this is a realistic timeline, and he feels he has support from staff that he is moving in the right direction. Mr. Byerman expressed that it is his great pleasure to lead this organization and to lead the staff and to work with legislators to make that vision a reality.
Senator Stivers thanked Mr. Byerman and asked if any other members were seeking recognition.
Representative Stumbo told Mr. Byerman that he was excited about seeing these events come true. Representative Stumbo said he felt that once he understood some of the actions that had been taken by the previous director, he felt as much responsibility as anyone, because it was his job to watch him, and that maybe he didn’t watch the previous director as much as he should have. Representative Stumbo said after the incident with former Representative Arnold, he gave a floor speech and invited every LRC staff person that had any type of harassment to come see him and that he would offer that again today. No one came, however, and he thinks that is a testament to the fact that much of what was reported in the media may have been over exaggerated. He said he thinks LRC does have excellent staff and they provide top notch work. He wants staff to know if they work hard and do their job, then they should be rewarded properly, through pay and moving up the career ladder.
Representative Stumbo presented Mr. Byerman with a Kentucky Colonel certificate on behalf of himself, the President, members of the Legislative Research Commission, and LRC staff.
Mr. Byerman expressed his appreciation. He said that he had offered an invitation for staff to come by his office for 15 minutes and express any concern, idea, or suggestion. He said he is happy to report that, in the five days this offer has been open, there have already been over a dozen people to sign up. He said he hopes to have spoken to the majority of the staff by the end of the year so that he can find out what different jobs entail and how everything fits together. Mr. Byerman said he will be very visible in the Annex as well as the Capitol.
There being no further business, the meeting was adjourned.