Call to Order and Roll Call
The 552nd meeting of the Legislative Research Commission was held on Thursday, December 17, 2015, at 1:30 PM, in Room 125 of the Capitol Annex. Representative Greg Stumbo, 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, Gerald A. Neal, Dan "Malano" Seum, and Damon Thayer; Representatives Rocky Adkins, Johnny Bell, Stan Lee, Sannie Overly, and Jody Richards.
Guests: Sen. Carroll introduced Reverend Steve Weaver, a pastor at Farmdale Baptist Church, in Lawrenceburg, who is part of a new non-partisan ministry called the Capitol Commission.
David Byerman and Christy Glass.
There being a quorum present, Representative Greg Stumbo called for a motion to approve the minutes of October 7, 2015, meeting; accept and refer as indicated items A. through G. under Staff and Committee reports; refer prefiled bills as indicated and approve items B. through E. under New Business; accept and refer as indicated items 1. through 49. under Communications; and accept and approve as indicated items 1. through 3. under Other Business. A motion was made by Representative Richards and seconded by Representative Adkins. A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred.
The minutes of the October 7, 2015, meeting were approved.
Staff and Committee Reports
A. Information requests for October 2015 through November 2015.
B. Committee Activity Reports for October 2015 through November 2015.
C. Report of the Administrative Regulation Review Subcommittee meetings on October 13 and November 10, 2015.
D. Committee review of the administrative regulations by the Interim Joint Committee on Education during its meeting of October 12, 2015.
E. Committee review of the administrative regulations by the Interim Joint Committee on Labor and Industry during its meeting of October 15, 2015.
F. Committee review of the administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of October 21 and November 18, 2015.
G. From the Program Review and Investigations Committee: 2015 Update on the Child Fatality and Near Fatality External Review Panel.
New Business
A. Referral of prefiled bills to the following committees: BR 277 (relating to temporary removal hearings) to Agriculture; BR 73 (relating to TVA in-lieu-of-tax payments, making an appropriation therefor, and declaring an emergency), BR 118 (relating to persons with developmental or intellectual disabilities), BR 251 (relating to the public employee health insurance trust fund), BR 289 (relating to an income tax deduction for qualified tuition programs), BR 337 (relating to tax increment financing), BR 341 (relating to coal severance revenues), BR 371 (relating to donated clothing, household items, or other items), BR 441 (relating to taxation), BR 442 (relating to tax credits for airport noise mitigation), BR 474 (relating to tangible personal property used in the production of equine) and BR 801 (relating to the taxation of electronic cigarettes) to Appropriations and Revenue; BR 202 (relating to credit freezes for protected consumers), BR 206 (relating to credit freezes for protected consumers), BR 310 (relating to utilization reviews) and BR 492 (relating to insurance coverage of autism spectrum disorders) to Banking and Insurance; BR 249 (relating to maximum class size), BR 252 (relating to school accountability), BR 298 (relating to tuition waivers for foster children), BR 319 (relating to school safety and declaring an emergency), BR 340 (relating to military service), BR 348 (relating to financial literacy), BR 356 (a resolution encouraging school bus safety), BR 364 (relating to prevention-oriented child sexual education), BR 369 (a concurrent resolution encouraging the Kentucky Board of Education to continue and expand collaboration with the Council on Postsecondary Education, the Education Professional Standards Board, the Kentucky Chamber of Commerce, and industry interests to develop and align policies and practices to support strong career pathways that help more students earn industry and postsecondary credentials and obtain good jobs), BR 396 (relating to interscholastic extracurricular activities), BR 402 (relating to cardiopulmonary resuscitation training in schools), BR 466 (relating to school councils), BR 490 (relating to child abuse information in schools), BR 800 (relating to districts of innovation), BR 817 (relating to the posting of historical documents) and BR 856 (relating to nonteaching time for teachers) to Education; BR 228 (relating to municipal electric authorities), BR 463 (relating to nuclear power) and BR 476 (relating to electric utility billing) to Energy; BR 14 (relating to court-ordered outpatient mental health treatment), BR 24 (relating to breast-feeding), BR 25 (a concurrent resolution recognizing the importance of removing barriers to breastfeeding in the Commonwealth), BR 88 (relating to oral health care and making an appropriation therefor), BR 131 (relating to Medicaid provider appeals and declaring an emergency), BR 189 (relating to abandoned infants), BR 239 (relating to telehealth services), BR 260 (relating to the address protection program and declaring an emergency), BR 292 (prohibiting the use of public resources for abortion services), BR 332 (a joint resolution relating to a per diem increase for the care of children placed in state foster homes), BR 378 (relating to eligibility for public assistance), BR 380 (relating to welfare to work), BR 409 (relating to abandoned infants) and BR 895 (relating to mental health) to Health and Welfare; BR 3 (relating to concealed deadly weapons training), BR 26 (relating to arrest-related deaths), BR 43 (relating to offenses committed in a continuing course of conduct against vulnerable victims), BR 52 (relating to distribution of sexually explicit images without the consent of the person depicted), BR 64 (relating to personal safety and declaring an emergency), BR 213 (relating to autopsy records), BR 219 (relating to drone harassment), BR 234 (relating to synthetic drugs), BR 272 (relating to temporary removal hearings), BR 362 (relating to evidence in medical malpractice actions), BR 428 (relating to funding of government services and making an appropriation therefor), BR 435 (relating to crimes and punishments), BR 467 (relating to judicial redistricting), BR 486 (relating to qualified immunity) and BR 885 (a concurrent resolution directing the staff of the Legislative Research Commission to study the racial demographics of Kentucky’s criminal juries) to Judiciary; BR 288 (relating to exemptions from workers’ compensation coverage) and BR 301 (relating to Kentucky jobs) to Labor and Industry; BR 144 (relating to horse racing), BR 196 (relating to the appropriate care and disposition of human remains) and BR 806 (relating to horse racing) to Licensing and Occupations; BR 156 (relating to planning and zoning in consolidated local governments) and BR 322 (creating the Office of Inspector General in the Department for Local Government) to Local Government; BR 408 (relating to state authority to regulate air quality) and BR 805 (relating to chemical munitions disposal and declaring an emergency) to Natural Resources and Environment; BR 63 (relating to reemployment of retired police officers), BR 164 (relating to open records), BR 179 (proposing an amendment to Section 32 of the Constitution of Kentucky relating to terms of members of the General Assembly), BR 300 (a concurrent resolution urging the Congress of the United States to propose an amendment to the Constitution of the United States to allow Congress and the States to set reasonable limits on spending to influence elections), BR 307 (related to unclaimed property), BR 334 (proposing to amend Sections 91, 93, and 95 of the Constitution of Kentucky relating to the Commissioner of Education), BR 432 (relating to government contracts) and BR 822 (proposing to amend Section 95 of the Constitution of Kentucky relating to the election of state officers) to State Government; BR 8 (relating to concealed deadly weapons training), BR 61 (relating to motor vehicle registration fees), BR 140 (a joint resolution designating the “Breckinridge County Veterans Memorial Highway”), BR 326 (relating to the distribution of fuel tax revenues and declaring an emergency), BR 407 (relating to the Kentucky Driver Manual) and BR 416 (a joint resolution designating a portion of Kentucky Route 324 in Mason County in honor and memory of Colonel Charles Young for his dedication and service to our country and distinction as the highest-ranking African American officer in the United States Armed Forces until his death) to Transportation.
B. From Senator Albert Robinson and Representative Will Coursey, Co-Chairs of the Interim Joint Committee on Veterans, Military Affairs, and Public Protection: Memorandum requesting authorization, approval, and membership of the Subcommittee on State Police Safety Measures.
C. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum regarding the Inauguration Day Reception.
D. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum regarding request for proposals for a consultant to evaluate the funding process of the Louisville Arena Authority.
E. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum regarding membership of Interim Joint Committees, Subcommittees, and Special Committees.
Communications
1. From the Office of the Attorney General: Constitutional Challenge Report for the months of August, September, and October 2015.
2. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of September, October, and November 2015.
3. From the Cabinet for Economic Development: Construction Activity Reports for each loan approved as of the quarter ending September 30, 2015. Pursuant to KRS 154.20.
4. From the Teachers’ Retirement System of Kentucky: FY 15 In-state Investment Report as of June 30, 2015. Pursuant to KRS 161.430.
5. From the Public Protection Cabinet, Department of Insurance: 2015 Joint Report on the Kentucky Long-Term Care Partnership Program. Pursuant to KRS 304.14-640.
6. From the Cabinet for Health and Family Services, Department for Community Based Services: Response to Citizen Review Panel 2015 Annual Report.
7. 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 2014-August 2015. Pursuant to KRS 164.2847(7).
8. From the Personnel Cabinet: Executive Summary of the 2015 Annual Report from the Kentucky Group Health Insurance Board. Pursuant to KRS 18A226(5)(b).
9. From the Justice and Public Safety Cabinet: 2015 Annual Report of the Motorcycle Safety Education Program. Pursuant to KRS 15A.366.
10. From the Cabinet for Economic Development: FY 15 Linked Deposit Loan Investment Program Annual Report. Pursuant to KRS 41.606.
11. From the Personnel Cabinet: Personnel Cabinet Quarterly Reports as of September 30, 2015. Pursuant to KRS 61.392.
12. From the School Facilities Construction Commission: FY 15 Report of the Emergency and Targeted Investment Fund’s activities. Pursuant to KRS 157.618.
13. From the Kentucky Employers’ Mutual Insurance Authority: 2016 Administrative Budget and Financial Status and Actuarial Condition for the year ended December 31, 2014. Pursuant to KRS 342.813(3)(b).
14. 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 Periods 3, 4, and 5 of BFY 2016, and year-to-date activity for the period of July 1, 2015, through November 30, 2015. Pursuant to KRS 42.190.
15. From the Cabinet for Health and Family Services: Summary of Statement of Non-Compliance Findings, Assisted Living Community Certification Reviews FY 2015. Pursuant to KRS 194A.707(8).
16. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, quarter ending September 30, 2015. Pursuant to KRS 342.232(2).
17. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the third quarter of 2015. Pursuant to KRS 199.565.
18. From the Kentucky Higher Education Assistance Authority: FY 2015 Annual Actuarial Valuation of the Prepaid Tuition Trust Fund for Kentucky’s Affordable Prepaid Tuition (KAPT). Pursuant to KRS 164A.704(8).
19. From the University of Kentucky: FY 15 Kentucky Interagency Groundwater Monitoring Network Annual Report. Pursuant to KRS 151.625.
20. From the Cabinet for Economic Development: FY 15 Bluegrass State Skills Corporation Annual Report. Pursuant to KRS 154.12.208.
21. From the Tourism, Arts, and Heritage Cabinet: FY 15 Kentucky Production Industry Incentives Program Annual Report. Pursuant to KRS 148.546.
22. From the Tourism, Arts, and Heritage Cabinet: FY 15 Kentucky Tourism Development Act Incentives Annual Report. Pursuant to KRS 148.8591.
23. From the Personnel Cabinet: FY 2015 Annual Report.
24. From the Cabinet for Economic Development: 2015 Kentucky Angel Investment Act Summary. Pursuant to KRS 154.20-230.
25. From the Cabinet for Economic Development: FY 15 Agricultural Warehousing Sites Cleanup Fund Annual Report. Pursuant to KRS 224.01-020.
26. From the Cabinet for Economic Development: FY 15 Incentives for Energy Independence Act Annual Report. Pursuant to 154.27-050(4).
27. From the Cabinet for Economic Development: FY 15 Kentucky Enterprise Initiative Act Annual Report. Pursuant to KRS 154.31-030.
28. From the Cabinet for Economic Development, Department of Financial Incentives: FY 15 Kentucky Investment Fund Act Annual Report. Pursuant to KRS 154.20-264(2).
29. From the Cabinet for Economic Development: FY 15 Annual Report of the Kentucky Cabinet for Economic Development, Office of Entrepreneurship.
30. From the Kentucky Energy and Environment Cabinet: 2008-2014 Kentucky Environmental Quality Commission Overview.
31. From the Kentucky Employers’ Mutual Insurance Authority: Statement of Assets, Liabilities, and Policyholder Equity; Statement of Income; and State of Solvency as of June 30 and September 30, 2015.
32. From Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement and Financial Status for the period ending September 30, 2015.
33. From the University of Kentucky, College of Agriculture: Kentucky Tobacco Research and Development Center, Quarterly Report for the period July 1 through September 30, 2015.
34. From the Cabinet for Health and Family Services: 2015 Annual Report of Kentucky Child Victims of Human Trafficking. Pursuant to KRS 620.029(2)(b).
35. From the Cabinet for Health and Family Services: FY 15 Medicaid Fraud and Abuse Annual Report. Pursuant to KRS 205.8483(3).
36. From the Kentucky Office of Homeland Security: 2015 Annual Report and Supplement.
37. From the Public Protection Cabinet, Department of Insurance: 2015 Bi-annual Report on Impact of Mental Health Parity on Health Insurance Cost in Kentucky. Pursuant to KRS 304.17A-665.
38. From the Cabinet for Health and Family Services: 2015 Kentucky Commission on Services and Supports for Individuals with Intellectual and Other Developmental Disabilities Annual Status Report. Pursuant to KRS 210.577.
39. From the Kentucky Legislative Ethics Commission: FY 15 Annual Report. Pursuant to KRS 6.666(16).
40. From the Department for Local Government, Cities and Special Districts Branch: Special Purpose Governmental Entity Report. Pursuant to KRS 65A.020(6).
41. From the Energy and Environment Cabinet: FY 15 Annual Report of the Center for Renewable Energy Research and Environmental Stewardship. Pursuant to KRS 152.713.
42. From the Education and Workforce Development Cabinet, Department of Education: 2015 Physical Activity Update. Pursuant to KRS 160.345(11).
43. From the Kentucky Housing Corporation: FY 15 Kentucky Affordable Housing Trust Fund Awards. Pursuant to KRS 198A.715.
44. From the University of Kentucky: 2015 Geological Survey Annual Report.
45. From Northern Kentucky University: FY 15 Annual Financial Report.
46. From the Executive Branch Ethics Commission: 2011-2013 Biennial Report. Pursuant to KRS 11A.110(13).
47. From the Kentucky Law Enforcement Council: 2015 Annual Report on Mandatory Training for Peace Officers. Pursuant to KRS 15.334.
48. From the Justice and Public Safety Cabinet: 2015 Child Fatality and Near Fatality External Review Panel Annual Report. Pursuant to KRS 620.055.
49. From the Kentucky Retirement Systems: FY 15 Financial Statements and Supplementary Information. Pursuant to KRS 45.149(2)(a) and 61.645(12).
Other Business
1. Acceptance of NCSL Final Report: Comparative Staff Structures, Policies and Practices.
2. Approval to revise the eligibility and determination guidelines for the Vic Hellard, Jr. Award.
3. Approval to adopt an updated Computer and Network Policy (December 2015 Edition).
David Byerman introduced Morgain Sprague, General Counsel to the Legislative Research Commission. Ms. Sprague has been the general counsel for the Kentucky State Police and has been a key player on the Capitol campus in recent sessions.
Mr. Byerman also announced the hiring of Bill O’Brien as the Assistant Director for Human Resources and Professional Development. Mr. O’Brien most recently served as the Director of Wellness and Benefits at Rutgers University. He has served with the staff of the New Jersey state legislature and New Jersey state government. Mr. O’Brien’s start date will be January 4.
Ms. Sprague said that she is honored to be serving as general counsel and representing the Legislative Research Commission. Ms. Sprague indicated that Supreme Court rules are very clear on ethical obligations and standards moving forward, and she is honored to be serving in her official capacity as general counsel, and expressed her appreciation for the opportunity.
Senator Stivers recognized the facilities staff in the Capitol and Annex and how clean they keep the buildings, floors, brass, and restrooms. He wanted to express his appreciation for the great job they do taking care of the 138 legislators.
Representative Stumbo agreed that the cleaning crew does a great job.
Mr. Byerman offered his appreciation to the legislators who helped pay for the staff holiday party, for which there were no taxpayer dollars used. He said that he had asked for support from legislators, that they had responded, and that he wanted to publicly express his appreciation for those who helped fund the event.
There being no further business, the meeting was adjourned.