Call to Order and Roll Call
The 558th meeting of the Legislative Research Commission was held on Wednesday, November 1, 2017, at 1:30 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: 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 Kevin D. Bratcher, Dennis Keene, David Meade, Jonathan Shell, 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 October 4, 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 D. under New Business; and, accept and refer as indicated items 1. through 16. Under Communications.
A motion was made by Representative Shell and seconded by Senator Thayer. Speaker 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 October 1, 2017.
B. Committee Activity Reports since October 1, 2017.
C. Report of the Administrative Regulation Review Subcommittee meeting on October 10, 2017.
D. Committee review of the administrative regulations by the Interim Joint Committee on Natural Resources and Energy, during its meeting on October 5, 2017.
E. Committee review of the administrative regulations by the Interim Joint Committee on Health and Welfare and Family Services, during its meeting on October 11, 2017.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 248 (an act relating to educational programs) to Education; BR 247 (an act relating to kinship care), BR 131 (an act relating to the safe disposal of controlled substances) and BR 163 (an act relating to personal jurisdiction) to Health and Welfare and Family Services; BR 143 (an act relating to unborn children and declaring an emergency), BR 105 (an act relating to sex offenses), BR 271 (an act relating to the safety of canines and felines), BR 192 (an act relating to personal jurisdiction), BR 164 (an act relating to animal safety) and BR 305 (an act relating to public protests) to Judiciary; BR 234 (an act relating to estheticians) and BR 193 (an act relating to occupational licensing regulations) to Licensing, Occupations, and Administrative Regulations; BR 81 (a concurrent resolution urging the United States Fish and Wildlife Service to issue more migratory bird depredation permits and Kentucky Farm Bureau-administered subpermits to allow Kentucky farms to legally take black vultures that are depredating on their livestock), BR 18 (an act relating to telecommunications) to Natural Resources and Energy; BR 204 (an act relating to retirement benefit participation for members of the General Assembly), BR 213 (an act relating to retirement benefits for legislators), BR 235 (an act relating to retirement benefit participation for members of the General Assembly and declaring an emergency), BR 285 (a joint resolution applying for an Article V convention to propose amendments to the Constitution of the United States that impose fiscal restraints on and limit the power and jurisdiction of the federal government, and requesting Congress to similarly propose such amendments) and BR 230 (an act relating to retirement benefits for legislators) to State Government.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 806 KAR 3:011 (Repeal of 806 KAR 3:010, 806 KAR 3:020 and 806 KAR 3:220) and 806 KAR 3:210 (Privacy of consumer financial and health information) to Banking and Insurance; 787 KAR 1:070 (Reasonable time for protesting claim), 803 KAR 1:100 (Child labor), 803 KAR 1:121 (Repeal of 803 KAR 1:030 and 803 KAR 1:040) and 803 KAR 6:011 (Repeal of 803 KAR 6:010) to Economic Development and Workforce Investment; 13 KAR 2:120 (Comprehensive funding model for the allocation of state general fund appropriations to public universities), 13 KAR 2:130 (Comprehensive funding model for the allocation of general fund appropriations to the Kentucky Community and Technical College System institutions: Adult Education and Literacy), 13 KAR 3:050 (GED® eligibility requirements), 702 KAR 7:065 (Designation of agent to manage middle and high school interscholastic athletics), 780 KAR 3:072 (Attendance, compensatory time, and leave for certified and equivalent service) and 780 KAR 3:080 (Extent and duration of school term, use of school day and extended employment) to Education; 201 KAR 9:260 (Professional standards for prescribing and dispensing controlled substances), 201 KAR 13:040 (Licensing; application, examination; experience; renewal; and inactive status), 201 KAR 13:060 (Military service; reciprocity), 201 KAR 20:057 (Scope and standards of practice of advanced practice registered nurses), 201 KAR 22:020 (Eligibility and credentialing procedure), 201 KAR 22:040 (Procedure for renewal or reinstatement of a credential for a physical therapist or physical therapist assistant), 201 KAR 22:070 (Requirements for foreign-educated physical therapists) and 900 KAR 11:010 & E (Medical review panels) to Health and Welfare and Family Services; 500 KAR 8:010 (Certification of breath alcohol analysis instrument operators), 500 KAR 8:030 (Administration of breath alcohol tests and chemical analysis tests) and 501 KAR 6:110 (Roederer Correctional Complex) to Judiciary; 201 KAR 15:030 (Fees), 201 KAR 15:050 (Apprenticeship and supervision requirements), 201 KAR 15:110 (Funeral establishment criteria), 201 KAR 45:071 (Repeal of 201 KAR 45:070), 201 KAR 45:110 (Supervision and work experience), 201 KAR 45:120 (Renewal, reinstatement, and inactive status), 201 KAR 45:170 (Application procedures), 804 KAR 5:070 (Minors) and 804 KAR 6:020 (Advisory opinions) to Licensing, Occupations, and Administrative Regulations; 739 KAR 2:050 (Volunteer fire department aid) to Local Government; 402 KAR 3:010 (Timber sales) and 402 KAR 3:030 (Best management practices for timber harvesting operations) to Natural Resources and Energy; 17 KAR 3:020 & E (Charges for room and board, goods and services at state veterans’ nursing homes) and 106 KAR 2:040 (Survivor benefits for death of a National Guard or Reserve Component member) to Veterans, Military Affairs, and Public Safety.
C. 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 request to meet on December 13, which is outside the interim. There are no apparent conflicts.
D. From Senate President Robert Stivers and House Speaker Jeff Hoover: Memorandum authorizing the Director of the Legislative Research Commission to contact the Executive Director of the Council of State Governments for the purpose of offering the City of Covington in the Northern Kentucky/Greater Cincinnati region as the host state and city for the 2018 National Conference of The Council of State Governments.
COMMUNICATIONS
1. From the Finance and Administration Cabinet: Monthly Investment Income report for the month of September 2017.
2. 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 3 and year-to-date activity for the period of July 1, 2017, through September 30, 2017.
3. From the Cabinet for Economic Development: Construction activity reports for each loan approved as of the quarter ending September 30, 2017.
4. From the Kentucky Fire Commission, State Fire Rescue Training: FY17 Financial Disclosure Reports.
5. From the Finance and Administration Cabinet, Commonwealth Office of Technology: 2017 Personal Information Security and Breach Notification Annual Report.
6. From the Justice and Public Safety Cabinet: Annual Report Pursuant to KRS 196.736.
7. From the Cabinet for Economic Development: FY17 Linked Deposit Loan Investment Program Annual Report.
8. From the Cabinet for Health and Family Services: The Kentucky Commission on Services and Supports for Individuals with Intellectual and Other Developmental Disabilities 2017 Annual Report.
9. From the Kentucky Personnel Cabinet: 2017 Executive Summary of the Kentucky Employees’ Health Plan.
10. From Kentucky Employers’ Mutual Insurance: 2018 Administrative Budget and Financial Status and Actuarial Condition. (Staff suggested committee referrals: State Government, Economic Development and Workforce Investment, and Appropriations and Revenue.) (Copy available upon request.) Pursuant to KRS 342.813(3)(b).
11. From the Department for Local Government: 2018 Special Purpose Governmental Entity Compliance Report. (Staff suggested committee referrals: Local Government and Appropriations and Revenue.) (Copy available upon request.) Pursuant to KRS 65A.
12. From the Auditor of Public Accounts: FY17 Report of the Audit of the Kentucky Department of Veterans’ Affairs Veteran’s Program Trust Fund. (Staff suggested committee referrals: Veterans, Military Affairs, and Public Protection and Appropriations and Revenue.) (Copy available upon request.)
13. From the Auditor of Public Accounts: FY17 Report of the Audit of the Kentucky Department of Veterans’ Affairs I Support Veterans License Plate. (Staff suggested committee referrals: Veterans, Military Affairs, and Public Protection and Appropriations and Revenue.) (Copy available upon request.)
14. From the Kentucky Personnel Cabinet: Quarterly Report as of September 30, 2017. (Staff suggested committee referral: State Government.) Pursuant to KRS 61.392.
15. From the Kentucky Board of Physical Therapy: 2019-2020 Biennium Budget Request. (Staff suggested committee referrals: Health and Welfare and Family Services, and Appropriations and Revenue.) (Copy available upon request.) KRS 327.080.
16. From the Office of State Budget Director: Report detailing preliminary estimates for the General Fund, Road Fund, and Tobacco Fund for FY18 (Staff suggested committee referral: Appropriations and Revenue.) Pursuant to KRS 48.120(2).
There being no further business, the meeting was adjourned.