Call to Order and Roll Call
The 557th meeting of the Legislative Research Commission was held on Wednesday, October 4, 2017, 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 Jeff Hoover, Co-Chair; Senators Jimmy Higdon, Ray S. Jones II, Dennis Parrett, Dorsey Ridley, Dan "Malano" Seum, Damon Thayer, and Mike Wilson; Representatives Rocky Adkins, Kevin D. Bratcher, Dennis Keene, David Meade, David Osborne, Jonathan Shell, and Wilson Stone.
LRC Staff: David Byerman and Christy Glass.
There being a quorum, Senator Robert Stivers called the meeting to order.
Present Stivers welcomed new members, Senator Dennis Parrett, Senator Mike Wilson, and Senator Jimmy Higdon to the Commission.
President Stivers called for a motion to approve the minutes of the September 6, 2017, 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 A. through F. under New Business; accept and refer as indicated items 1. through 17. Under Communications; and approve the handout of the 2018 Regular Session Calendar.
A motion was made by Senator Parrett and seconded by Senator Higdon. President Stivers 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 September 1, 2017.
B. Committee Activity Reports since August 31, 2017.
C. Report of the Administrative Regulation Review Subcommittee meeting on September 11, 2017.
D. Committee review of the administrative regulations by the Interim Joint Committee on Natural Resources and Energy, during its meeting on September 7, 2017.
E. Committee review of the administrative regulations by the Interim Joint Committee on Health and Welfare and Family Services, during its meeting on September 20, 2017.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 228 (relating to credit freezes and declaring an emergency) to Banking and Insurance; BR 170 (relating to student criminal history background checks) to Education; BR 216 (relating to pharmacy benefits in the Medicaid program to Health and Welfare and Family Services; BR 28 (proposing to amend Sections 117, 118, 119, and 122 of the Constitution of Kentucky relating to the election of appellate judges) and BR 67 (relating to appellate judges) to Judiciary; BR 149 (relating to the expansion of gaming and making an appropriation therefor), BR 197 (proposing an amendment to Section 226 of the Constitution of Kentucky relating to casino gambling) and BR 155 (relating to sports wagering and making an appropriation therefor) to Licensing, Occupations, and Administrative Regulations; BR 113 (relating to sign language interpretation in the House and Senate chambers), BR 195 (relating to a day of prayer for students) and BR 199 (concurrent resolution urging the United States Congress to amend 2 Title II of the Social Security Act to repeal the Government Pension Offset provision) to State Government; BR 57 (relating to electric and hybrid vehicle fees and making an appropriation therefor) and BR 187 (relating to notification of the expiration date of an instruction permit, operator’s license, or personal identification card) to Transportation.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 806 KAR 5:031 ( Repeal of 806 KAR 5:030 and 806 KAR 5:040), 806 KAR 7:011 (Repeal of 806 KAR 7:010), 806 KAR 9:051 (Repeal of 806 KAR 9:050 and 806 KAR 9:300), 806 KAR 17:575 (Pharmacy benefit managers) and 806 KAR 24:022 (Repeal of 806 KAR 24:020) to Banking and Insurance; 803 KAR 2:425 & E (Toxic and hazardous substances) to Economic Development and Workforce Investment; 902 KAR 20:360 & E (Abortion facilities), 921 KAR 3:025 (Technical requirements) and 921 KAR 3:042 (Supplemental Nutrition Assistance Program employment and training program) to Health and Welfare and Family Services; 501 KAR 6:230 (Little Sandy Correctional Complex), 501 KAR 6:270 & E (Probation and parole policies and procedures) and 501 KAR 6:999 (Corrections secured policies and procedures) to Judiciary; 201 KAR 31:010 (Fees), 804 KAR 4:390 (License renewals), 804 KAR 4:400 (Applications incorporated by reference), 804 KAR 4:410 (Product registration and forms) and 804 KAR 8:050 (Signs on vehicles used) to Licensing, Occupations, and Administrative Regulations; 301 KAR 1:201 (Taking of fish by traditional fishing methods) to Natural Resources and Energy; 45 KAR 1:030 (Audits of sheriffs’ tax settlements), 45 KAR 1:040 (Audits of county fee officials), 45 KAR 1:050 (Audits of fiscal courts) to State Government.
C. From Senator Joe Bowen and Representative Brian Linder, Co-Chairs of the Public Pension Oversight Board: Memorandum recommending to cancel a request for proposals for actuarial services.
D. From Senate President Robert Stivers, House Speaker Jeff Hoover, and Senate Majority Floor Leader Damon Thayer: Memorandum appointing Senator Jimmy Higdon as President Pro Tem Designate and Senator Mike Wilson as Majority Whip.
E. From Director David Byerman: Memorandum suggesting Prefiling Deadlines for the 2018 Regular Session.
F. From Senate President Robert Stivers and House Speaker Jeff Hoover: Memorandum approving the extension of David Byerman’s contract
COMMUNICATIONS
1. From the Office of the Attorney General: Constitutional Challenge Report for the month of August 2017.
2. From the Finance and Administration Cabinet: Monthly Investment Income Report for the month of August 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 Period 2 and year-to-date activity for the period of July 1, 2017, through August 31, 2017. Pursuant to KRS 42.190.
4. From the Kentucky Housing Corporation: FY 17 Kentucky Affordable Housing Trust Fund Awards.
5. From the Kentucky Council on Postsecondary Education: FY 17 Annual Report of the Kentucky Lung Cancer Research Program (KLRCP). Pursuant to KRS 164.476(7).
6. From the Kentucky Council on Postsecondary Education: FY 17 Ovarian Cancer Screening Annual Report. Pursuant to KRS 164.476(1).
7. From the Cabinet for Health and Family Services: FY 17 Annual Child Fatality and Near Fatality Report. Pursuant to KRS 320.020(2).
8. From the Kentucky Council on Postsecondary Education: 2015-2016 Report on Students Participating in the Tuition and Mandatory Fee Waiver Program for foster or adopted children. Pursuant to KRS 164.2847.
9. From the Auditor of Public Accounts: FY 17 Report of the Audit of the Kentucky Reclamation Guaranty Fund. Pursuant to KRS 350.500.
10. From the Department of Public Advocacy: FY 17 Annual Litigation Report.
11. From the Kentucky Board of Medical Licensure: 2017 Annual Report. Pursuant to KRS 311.201.311.201.
12. From the Kentucky Department of Agriculture: FY 17 Farm to Food Banks Annual Report. Pursuant to KRS 247.986.
13. From the Justice and Public Safety Cabinet: KRS 196.031 Annual Report.
14. From the Cabinet for Health and Family Services: Response to Kentucky Citizen Review Panel’s 2017 Annual Report.
15. From School Facilities Construction Commission: 2017 Emergency and Targeted Investment Fund Report. KRS 157.618.
16. From the Teachers’ Retirement System of Kentucky: FY 15 In-state Investment Report as of June 30, 2017. Pursuant to KRS 161.430.
17. From the Teachers’ Retirement System of Kentucky: FY 17 Annual Report. Pursuant to KRS 42.615.
President Stivers mentioned that in December many legislative members will be traveling to Nevada for the Council of State Governments meeting, which will be hosted at the Mandalay Bay Hotel. In light of the recent tragedy that took place this past Sunday night in Las Vegas, President Stivers asked for a moment of silence in remembrance of the victims of that shooting.
There being no further business, the meeting was adjourned.