Call to Order and Roll Call
The 556th meeting of the Legislative Research Commission was held on Wednesday, September 6, 2017, at 12:00 PM, in Room 125 of the Capitol Annex. Representative Jeff Hoover, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Robert Stivers II, Co-Chair; Representative Jeff Hoover, Co-Chair; Senators Jimmy Higdon, Ray S. Jones II, Dennis Parrett, Dorsey Ridley, Dan "Malano" Seum, and Damon Thayer; Representatives Rocky Adkins, Kevin D. Bratcher, Dennis Keene, David Meade, David Osborne, and Wilson Stone.
LRC Staff: David Byerman and Christy Glass.
There being a quorum, Representative Jeff Hoover called the meeting to order.
Speaker Hoover called for a motion to approve the minutes of the June 7, 2017 meeting; accept and refer as indicated items A. through N. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items A. through I. under New Business, and accept and refer as indicated items 1. through 20. under Communications.
A motion was made by Senator Thayer and seconded by Representative Bratcher. Speaker Hoover asked for discussion. Seeing none, a roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred.
STAFF AND COMMITTEE REPORTS
A. Information requests since June 1, 2017.
B. Committee Activity Reports since June 1, 2017.
C. Report of the Administrative Regulation Review Subcommittee meetings of June 13, July 11, and August 14, 2017.
D. Committee review of the administrative regulations by the Interim Joint Committee on Health and Welfare and Family Services, during its meetings of June 21, July 17, and August 16, 2017.
E. Committee review of the administrative regulations by the Interim Joint Committee on Natural Resources and Energy during its meetings of June 1, July 6, and August 3, 2017.
F. Committee review of the administrative regulations by the Interim Joint Committee on Economic Development and Workforce Investment during its meeting of August 17, 2017.
G. Committee review of the administrative regulations by the Interim Joint Committee on Education during its meeting of August 28, 2017.
H. Committee Review of Executive Order 2017-269 by the Interim Joint Committee on Health and Welfare and Family Services during its meeting of June 21, 2017.
I. Committee Review of FFY 2018-2019 Community Services Block Grant Application by the Interim Joint Committee on Health and Welfare and Family Services during its meeting of June 21, 2017.
J. Committee Review of FFY 2018 Social Services Block Grant Application by the Interim Joint Committee on Health and Welfare and Family Services during its meeting of June 21, 2017.
K. Committee Review of FFY 2018 Low Income Housing Energy Assistance Program Block Grant Application by the Interim Joint Committee on Natural Resources and Energy during its meeting of July 6, 2017.
L. Committee Review of Executive Order 2017-433 by the Interim Joint Committee on Education during its meeting of August 28, 2017.
M. Committee Review of Executive Order 2017-434 by the Interim Joint Committee on Education during its meeting of August 28, 2017.
N. Committee Review of Executive Order 2017-496 by the Interim Joint Committee on Education during its meeting of August 28, 2017.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 15 (an act relating to taxation) and BR 102 (an act relating to the natural resources severance and processing tax) to Appropriations and Revenue; BR 37 (an act relating to area development districts and declaring an emergency) and BR 97 (an act relating to criminal histories of job applicants) to Economic Development and Workforce Investment; BR 91 (an act relating to suicide prevention training) to Education; BR 14 (an act relating to the reporting of child abuse, neglect, or dependency) and BR 173 (an act relating to public assistance) to Health and Welfare and Family Services; BR 64 (an act relating to vacating convictions for reckless homicide), BR 165 (an act relating to firearms), BR 172 (an act relating to carrying concealed weapons), and BR 175 (an act relating to public protests) to Judiciary; BR 114 (an act relating to the Public Service Commission), BR 115 (a joint resolution directing the Public Service Commission to reexamine certain rate cases), and BR 182 (an act relating to electric utility billing) to Natural Resources and Energy; BR 25 (an act relating to death in the line of duty benefits and declaring an emergency), BR 40 (an act proposing to amend Section 29 of the Constitution of Kentucky relating to administrative regulations), and BR 41 (an act proposing to amend Section 95 of the Constitution of Kentucky relating to the election of state officers) to State Government; BR 2 (an act relating to public safety) to Tourism, Small Business, and Information Technology; BR 1 (an act relating to the overtaking of bicycles on a roadway) and BR 54 (an act relating to railroads) to Transportation.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 907 KAR 1:041E (Repeal of 907 KAR 1:018 and 907 KAR 1:019), 907 KAR 3:066 & E (Nonemergency medical transportation waiver services and payments), 907 KAR 3:206E (Repeal of 907 KAR 3:205), 907 KAR 23:001 & E (Definitions for 907 KAR Chapter 23), 907 KAR 23:010 & E (Outpatient pharmacy program), and 907 KAR 23:020 & E (Reimbursement for outpatient drugs) to Appropriations and Revenue; 11 KAR 15:090 (Kentucky Educational Excellence Scholarship (KEES) program), 16 KAR 2:020 (Occupation-based career and technical education certification); 16 KAR 5:020 (Standards for admission to educator preparation), 16 KAR 8:040 ( Ranking of occupation-based career and technical education teachers), and 704 KAR 7:051 (Repeal of 704 KAR 7:050) to Education; 201 KAR 2:076 (Compounding); 201 KAR 35:080 (Voluntary inactive and retired status), 900 KAR 6:090 (Certificate of need filing, hearing, and show cause hearing), 900 KAR 6:125 (Certificate of need annual surveys); 900 KAR 7:030 (Data reporting by health care providers), 900 KAR 7:040 (Release of public data sets for health care discharge data), 902 KAR 55:015 (Schedules of controlled substances), 902 KAR 55:040 (Excluded nonnarcotic substances), 902 KAR 55:041 (Repeal of 902 KAR 55:020, 902 KAR 55:025, 902 KAR 55:030, and 902 KAR 55:035), and 902 KAR 55:095 (Prescription for Schedule II controlled substance-authorization of oral prescription for immediate administration, facsimile transmission, or partial filing) to Health and Welfare and Family Services; 505 KAR 1:130 (Department of Juvenile Justice Policies and Procedures: juvenile services community) to Judiciary; 804 KAR 4:230 (Extended hours supplemental licenses), and 804 KAR 10:010 (Appointment notification of local administrator) to Licensing, Occupations, and Administrative Regulations; 301 KAR 1:152 & E (Asian Carp and Scaled Rough Fish Harvest Program), 301 KAR 1:195 (Repeal of 301 KAR 1:192), 301 KAR 2:049 (Small game and furbearer hunting and trapping on public areas.), 301 KAR 6:005 (Boat registration fees), 401 KAR 8:010 (Definitions for 401 KAR Chapter 8), 401 KAR 8:011 (Repeal of 401 KAR 8:070, 401 KAR 8:101, 401 KAR 8:550, and 401 KAR 8:600); 401 KAR 8:020 (Public and semipublic water systems; submetering; general provisions), 401 KAR 8:040 (Laboratory certification), 401 KAR 8:075 (Consumer confidence reports and public notification), 401 KAR 8:100 (Design, construction, and approval of facilities and approval timetable for 401 KAR Chapter 8), 401 KAR 8:250 (Inorganic and organic chemical sampling, analytical techniques, maximum contaminant levels, radionuclides, and secondary standards), 401 KAR 49:011 (General provisions relating to area solid waste management plans), 401 KAR 49:080 (Solid waste grant funds and solid waste collector and recycler registration), and 401 KAR 49:091 (Repeal of 401 KAR 49:040, 401 KAR 49:090, and 401 KAR 49:210) to Natural Resources and Energy; 31 KAR 4:010 (Voter identification cards), 31 KAR 4:040 (Procedures for absentee voting in county clerk’s office), and 31 KAR 6:020 (Provisional voting) to State Government.
C. From Senator Tom Buford and Representative Bart Rowland, Co-Chairs of the Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meet on November 9 in Louisville, rather than the regularly scheduled meeting date of November 28. There are two (2) known conflicts.
D. From Senator Chris McDaniel and Representative Steven Rudy, Co-Chairs of the Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on November 20, rather than the regularly scheduled meeting date of November 30. There are no apparent conflicts.
E. From Senator Mike Wilson and Representative Bam Carney, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting approval to meet outside the Interim on December 11. There are no apparent conflicts.
F. From Senator Julie Raque Adams and Representative Addia K. Wuchner, Co-Chairs of the Interim Joint Committee on Health and Welfare and Family Services: Memorandum requesting approval to meet on October 11, rather than the regularly scheduled meeting date of October 18. There are no apparent conflicts.
G. From Senate President Robert Stivers and House Speaker Jeff Hoover: Memorandum approving the organization of the Louisville Metropolitan Caucus.
H. From Senate President Robert Stivers and House Speaker Jeff Hoover: Memorandum appointing Representative John Blanton to the Budget Review Subcommittee on Justice and Judiciary.
I. From Senate President Robert Stivers, House Speaker Jeff Hoover, Senate Minority Floor Leader Ray S. Jones, II, and Senate Minority Caucus Chair Dorsey Ridley: Memorandum approving the election by the Senate Minority Caucus of Senator Dennis Parrett as Senate Minority Whip.
COMMUNICATIONS
1. From the Office of the Attorney General: Constitutional Challenge Report for the months of May, June, and July 2017.
2. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of May, June, and July 2017.
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 Periods 11 and 12 and year-to-date activity for the period of July 1, 2016, through June 30, 2017, and Accounting Period 1 and year-to-date activity for the period of July 1, 2017, through July 31, 2017.
4. From the Cabinet for Health and Family Services: Kentucky Stroke Encounter Quality Improvement Project (SEQIP) 2017 Annual Report.
5. From the Kentucky Legislative Ethics Commission: Recommended Changes to the Code of Legislative Ethics/2017.
6. From the Kentucky Personnel Cabinet: 2016 Annual Turnover Report of 15% and greater.
7. From the Kentucky Commission on the Deaf and Hard of Hearing: FYS 16-17 Telecommunications Access Program (TAP) Annual Report.
8. From the Office of the Attorney General: 2017 Report on the Status of the Administrative Hearing Process in the Commonwealth of Kentucky.
9. From the Cabinet for Health and Family Services, Department for Community Based Services: FY 17 Citizen Review Panels Annual Work Report.
10. From the Cabinet for Health and Family Services: Social Service Worker Caseload Averages Reporting.
11. From the Cabinet for Health and Family Services: Statewide Strategic Planning Committee for Children in Placement Status Update.
12. From the Kentucky Personnel Cabinet: Quarterly Report as of June 30, 2017.
13. From the Kentucky Judicial Form Retirement System: Operating Statements of the Judicial Retirement Fund and the Legislators Retirement Fund for FY 17; list of investments held by the Fund as of June 30, 2017; and Portfolio Valuations of the Fund as of June 30, 2017.
14. From the Auditor of Public Accounts: Report of the Examination of Lease Law Compliance, FYS 16-17, and Independent Accountant’s Report.
15. From the Cabinet for Economic Development: Construction activity reports for each loan approved as of the quarter ending June 30, 2017.
16. 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, 2017.
17. From the Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement and Financial Status for the period ending June 30, 2017.
18. From the Justice and Public Safety Cabinet: FY 17 Annual Report of the Education Program on AIDS.
19. From the Department of Military Affairs, Adjutant General Stephen R. Hogan: Military Assistance Trust Fund State FY 17 Annual Report.
20. From the Justice and Public Safety Cabinet: Application for funding under the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) State Program.
There being no further business, the meeting was adjourned.