Call to Order and Roll Call
The534th meeting of the Legislative Research Commission was held on Wednesday, October 5, 2011, 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.
Members:Representative Greg Stumbo, Co-Chair; Senators R.J. Palmer II, Jerry P. Rhoads, Dan "Malano" Seum, Katie Kratz Stine, Robert Stivers II, and Johnny Ray Turner; Representatives Larry Clark, Robert R. Damron, Bob M. DeWeese, Danny Ford and Tommy Thompson.
Representative Stumbo called the meeting to order and the secretary called the roll. There being a quorum present, Representative Stumbo called for a motion to approve the minutes of the July 6, 2011, meeting; accept items A. through J. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through S. under New Business; and accept and refer as indicated items 1. through 42. under Communications. A motion was made by Senator Stine and seconded by Representative Clark. A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred:
The minutes of the July 6, 2011 meeting were approved.
STAFF AND COMMITTEE REPORTS
A. Information requests July through September 2011.
B. Committee Activity Reports for July, August, and September 2011.
C. Reports of the Administrative Regulation Review Subcommittee meetings of July 12, August 15, and September 13, 2011.
D. Committee review of administrative regulations by the Interim Joint Committee on Education during its meeting of July 11, 2011.
E. Committee review of administrative regulations by the Interim Joint Committee on State Government during its meetings of July 21 and September 28, 2011.
F. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of August 17 and September 13, 2011.
G. Committee review of Executive Reorganization Order 2011-534 by the Interim Joint Committee on Education during its meeting of August 1, 2011.
H. Committee review of Executive Reorganization Order 2011-353 by the Interim Joint Committee on Health and Welfare during its meeting of August 17, 2011.
I. Committee review of FFY 2012 Low Income Home Energy Assistance Program Block Grant Application by the Special Subcommittee on Energy during its meeting of June 22, 2011.
J. Committee review of FY 2012-2013 Community Services Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of August 17, 2011.
A. Referral of prefiled bills to the following committees: BR 4 (relating to refunding transactions), BR 46 (relating to property tax), and BR 121 (relating to the gross revenues and excise tax fund and declaring an emergency) to Appropriations and Revenue; BR 209 (relating to motor vehicle personal injury reparation benefits) to Banking and Insurance; BR 75 (relating to educator evaluation), BR 76 (relating to districts of innovation), BR 84 (relating to career and technical education, making an appropriation therefor, and declaring an emergency), BR 85 (relating to a high school technology diploma), BR 159 (relating to career and technical education, making an appropriation therefor, and declaring an emergency), and BR 165 (relating to school collection of data on body mass index, height and weight) and BR 272 (relating to option school bus advertising) to Education; BR 197 (relating to utility franchises) to Energy; BR 19 (relating to the employment of persons with criminal records in long-term care facilities, nursing facilities, and assisted living communities), BR 63 (relating to eligibility for public assistance), BR 87 (relating to fingerprint background checks of long-term care employees), and BR 158 (relating to the accreditation of health departments and making an appropriation therfor) to Health and Welfare; BR 108 (relating to children), BR 111 (relating to children), BR 119 (relating to children), BR 123 (relating to domestic relations), and BR 136 (relating to the duty to report a dead body) to Judiciary; BR 120 (relating to qualifications for military service), BR 175 (relating to the sale of alcoholic beverages at restaurants), and BR 246 (relating to the provision for and control of casino gaming and making an appropriation therefor) to Licensing and Occupations; BR 48 (relating to naming of public properties), BR 112 (adjourning the Senate in honor and loving memory of Thomas O’Daniel), BR 131 (adjourning the Senate in honor and loving memory of Willie Mathis, Jr.), BR 132 (adjourning the Senate in honor and loving memory of Margaret B. Deters), BR 189 (proposing to create a new section of the Constitution of Kentucky and to amend Section 226 of the Constitution of Kentucky relating to gaming), and BR 211 (relating to public financing for judicial campaigns) to State Government; BR 18 (relating to safety inspections for official vehicles), BR 122 (relating to traffic control devices), and BR 135 (relating to special license plates) to Transportation; BR 88 (Resolution requesting the President of the United States and the Attorney General of the United States to abandon plans to try Waad Ramadan Alwan and Mohanad Shareef Hammadi in federal court in Bowling Green, Kentucky, and to transfer them to the detention facility at Guantanamo, Cuba, for trial by military tribunal) and BR 154 (relating to the Veterans’ Personal Loan Program and making an appropriation therefor) 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): 806 KAR 12:150 ( Annuity disclosures) and 806 KAR 12:170 (Life insurance disclosures) to Banking and Insurance; 807 KAR 5:076 (Alternative rate adjustment procedure for small utilities) to Energy; 201 KAR 9:091 (Repeal of 201 KAR 9:090); 201 KAR 20:161 (Investigation and disposition of complaints); 201 KAR 20:370 (Application for licensure and registration); 201 KAR 22:045 (Continued competency requirements and procedures); 201 KAR 22:053 (Code of ethical standards and standards of practice for physical therapists and physical therapist assistants); 900 KAR 5:020 & E (State health plan for facilities and services); 908 KAR 3:060 ("Means test" for determining patient liability); 921 KAR 2:040 (Procedures for determining initial and continuing eligibility); and 921 KAR 3:090 & E (Simplified assistance for the Elderly Program or "SAFE") to Health and Welfare; 501 KAR 3:040 (Personnel); 501 KAR 3:050 (Physical plant); 501 KAR 3:090 (Medical services); 501 KAR 3:140 (Prisoner rights); 501 KAR 6:060 (Northpoint Training Center); 501 KAR 7:050 (Physical plant); and 501 KAR 7:140 (Prisoner rights) to Judiciary; 787 KAR 1:010 (Application for employer account; reports) to Labor and Industry; 201 KAR 3:045 (Recordkeeping and accounting); 201 KAR 3:081 (Repeal of 201 KAR 3:015 and 3:080); 201 KAR 3:090 (Administrative fees for applications and services); 201 KAR 5:110 (Expanded therapeutic procedures); 201 KAR 42:035 (Application process, exam, and curriculum requirement); 810 KAR 1:027 (Entries, subscriptions, and declarations); 810 KAR 1:070 (Kentucky Thoroughbred Breeders' Incentive Fund); 810 KAR 1:145 (Advance deposit account wagering); 811 KAR 1:285 (Advance deposit account wagering); and 811 KAR 2:185 (Advance deposit account wagering) to Licensing Occupations; 301 KAR 1:015 (Boats and motor restrictions); 301 KAR 1:152 (Asian Carp Harvest Program); 301 KAR 1:201 (Recreational fishing limits); 401 KAR 42:005 (Definitions related to 401 KAR Chapter 42); 401 KAR 42:011 (Scope of underground storage tank program); 401 KAR 42:020 (UST systems: design, construction, installation, and registration); 401 KAR 42:030 (UST system general operating requirements); 401 KAR 42:040 (UST system release detection); 401 KAR 42:045 (Delivery prohibition); 401 KAR 42:050 (UST system release reporting, investigation, and confirmation); 401 KAR 42:060 (UST system release response and corrective action for UST systems containing petroleum or hazardous substances); 401 KAR 42:070 (Out-of-service UST systems, temporary closure and permanent closure of UST systems, and change in service of UST systems); 401 KAR 42:080 (Classification of UST systems containing petroleum and listing of associated cleanup levels); 401 KAR 42:090 (Financial responsibility); 401 KAR 42:095 (Lender liability); 401 KAR 42:200 (Annual fee for underground storage tanks); 401 KAR 42:250 (Petroleum storage tank environmental assurance fund reimbursement procedures); 401 KAR 42:290 (Ranking system); 401 KAR 42:300 (Third-party claims); 401 KAR 42:315 ( Repeal of 401 KAR 42:314); 401 KAR 42:316 (Petroleum storage tank environmental assurance fund eligibility criteria for contracting companies and partnerships); 401 KAR 42:320 (Hearings); 401 KAR 42:330 (Small owners tank removal account); 401 KAR 42:335 (Financial audits); 401 KAR 42:340 (Laboratory certification); 401 KAR 47:205 (Contents of the application for petroleum contaminated soil treatment facilities); 401 KAR 47:207 (Public information procedures for petroleum contaminated soil treatment facilities); 401 KAR 48:205 (Technical requirements for petroleum contaminated soil treatment facilities); 401 KAR 48:206 (Petroleum contaminated soil treatment facility liner soil layer quality assurance and quality control); 401 KAR 48:207 (Petroleum contaminated soil treatment facility liner geosynthetic quality assurance and quality control); and 401 KAR 48:208 (Petroleum contaminated soil treatment facility liner high-permeability layer quality assurance and quality control) to Natural Resources and Environment; 32 KAR 1:050 & E (Political committee registration) and 32 KAR 1:070 & E (Waiver from filing candidate election finance statement) to State Government.
C. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Representative Tanya Pullin to the Interim Joint Committee on Labor and Industry.
D. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Hon. Henry L. Stephens as a full Commissioner of the National Conference of Commissioners on Uniform State Laws.
E. Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Representative Martha Jane King to the Special Subcommittee on Energy.
F. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing the following members of the Local Superintendents Advisory Council: Dr. Larry Vick (2nd District), Mr. Marian Ed McNeel (3rd District), Dr. Donna Hargens (4th District), Dr. D. Scott Hawkins (5th District), Ms. Dot Perkins (6th District), Ms. Elaine Farris (at-large), and Mr. Walter Hulett (at-large).
G. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum approving the Final Report of the Subcommittee on 2012-2014 Budget Preparation and Submission.
H. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum approving the 2012 Regular Session Calendar.
I. From Bobby Sherman: Memorandum requesting approval of prefiling deadlines for the 2012 Regular Session.
J. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum approving the Reissuance of Request for Proposals for Consultant to Study Effectiveness of Economic Development Initiatives (2011 HJR 5).
K. From Senator Jimmy Higdon and Representative Fitz Steele, Co-Chairs, Program Review and Investigations Committee: Memorandum requesting the submission date for the Report on 911 Services to be changed to the date of the Program Review and Investigations Committee’s December meeting (currently December 8, 2011.
L. From Senator Damon Thayer and Representative Steve Riggs, Co-Chairs, Interim Joint Committee on Local Government: Memorandum requesting to meet on November 30, rather than the regularly scheduled meeting date of November 23 (day before Thanksgiving). There are no apparent conflicts.
M. From Senator Jack Westwood and Representative Teddy Edmonds, Co-Chairs, Education Assessment and Accountability Review Subcommittee: Memorandum recommending the reappointment of current members of the National Technical Advisory Panel on Assessment and Accountability.
N. From Senator John Schickel and Representative Dennis Keene, Co-Chairs, Interim Joint Committee on Licensing and Occupations: Memorandum requesting to meet on November 2, rather than the regularly scheduled meeting date of November 11 (Veteran’s Day). There is one potential conflict
O. From Senator David Givens and Representative Tom McKee, Co-Chairs, Interim Joint Committee on Agriculture: Memorandum requesting authorization and the appointment of members to the Subcommittee on Rural Issues and Subcommittee on Horse Farming of the Interim Joint Committee on Agriculture.
P. From Senator Tom Jensen and Representative John Tilley, Co-Chairs, Task Force on the Penal Code and Controlled Substance Act: Memorandum requesting authorization for a meeting on December 16 (beyond the statutory interim period) and requesting authorization to extend the date for its final report to December 16.
Q. From Senator Tom Jenson and Representative John Tilley, Co-Chairs, Interim Joint Committee on Judiciary: Memorandum requesting authorization for a meeting on December 16 (beyond the statutory interim period). There are no apparent conflicts.
R. From Senator Tom Jensen and Representative John Tilley, Co-Chairs, Interim Joint Committee on Judiciary: Memorandum requesting authorization for a meeting on December 9 (beyond the statutory interim period).
S. From Bobby Sherman: Memorandum requesting approval for redistricting recommendations pertaining to geographic information used for initial reference.
1. From the Office of the Attorney General: Constitutional Challenge Reports for the months of May, June, and July 2011.
2. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for each loan approved as of the quarter ending June 30, 2011.
3. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of June, July, and August 2011.
4. From the Auditor of Public Accounts: Report on Compliance with Civil Rights Laws Including Agency Title VI Implementation Plans, Updates, and Compliance Reports for FY 2010.
5. From the Auditor of Public Accounts: Examination of Certain Policies, Procedures, Controls, and Financial Activities of Kentucky Retirement Systems.
6. From the Kentucky Council on Postsecondary Education: Transmission of report entitled Stronger by Degrees, A Strategic Agenda for Postsecondary and Adult Education.
7. From the Office of the Secretary of State: Uniform Commercial Code 355.9-527 Report.
8. From the Kentucky Commission on the Deaf and Hard of Hearing: Telecommunications Access Program (TAP) Annual Report FY 2011.
9. From the Personnel Cabinet: 2010 Annual State-Wide Turnover Report.
10. From the Finance and Administration Cabinet, Office of the Controller: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Fund Programs for the closing period (Accounting Period 13) and the months of July and August 2011 and year-to-date activity for FY 2011.
11. From the Kentucky Assistive Technology Loan Corporation: 2010 Annual Report.
12. From the Finance and Administration Cabinet: General Fund balance for FY 2012.
13. From the University of Kentucky, Kentucky Tobacco Research & Development Center: Quarterly Report for the period April 1 through June 30, 2011.
14. From the Justice and Public Safety Cabinet, Department of Corrections: Home Incarceration Program Annual Report for FY 2011.
15. From the Office of the Governor, Kentucky Office of Homeland Security: Kentucky Commercial Mobile Radio Service Board FY 2011 Draft Annual Report.
16. From the Cabinet for Health and Family Services: Domestic Violence Batterer Intervention Provider Program FY 2010 Annual Report.
17. From Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement and for the period ending June 30, 2011; Statement of Assets, Liabilities, and Policyholder Equity; Statement of Income; and State of Solvency as of June 30, 2011.
18. From the Kentucky Council on Postsecondary Education: Letter informing the Commission that all public higher education institutions are in compliance with the provision of information on preventing transmission of HIV/AIDS information to all freshmen and transfer students.
19. From the Kentucky Judicial Form Retirement System: Operating Statements of the Judicial Retirement Fund and the Legislators Retirement Fund for FY 2010; List of investments held by the Fund as of June 30, 2011; and Portfolio Valuations of the Fund as of June 30, 2011.
20. From the Auditor of Public Accounts: Examination of the Compliance and Oversight Related to Green River Marina’s Lease Agreement with the Department of Parks.
21. From the Auditor of Public Accounts: Examination of Certain Policies, Procedures, Controls, and Financial Activity of Sanitation District 1.
22. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending June 30, 2011.
23. From the Justice and Public Safety Cabinet, Department of Corrections: FY 2012 Annual Report.
24. From the Cabinet for Economic Development, Commission on Small Business Advocacy: 2011-2012 Annual Report.
25. From the Kentucky Legislative Ethics Commission: Recommended changes to the Legislative Code of Ethics 2011.
26. From the Personnel Cabinet: Personnel Cabinet Quarterly Reports as of June 30, 2011.
27. From the Cabinet for Health and Family Services, Department for Aging and Independent Living: FY 2011 Assisted Living Revenues and Expenditures.
28. From the Department of Education: KIDS NOW Bi-Annual Report for the period FY 10-11.
29. From the Cabinet for Economic Development: Linked Deposit Loan Investment Program FY 2011 Annual Report.
30. From the Tourism, Arts, and Heritage Cabinet: FY 2011 1% Transient Room (Lodging) Tax Progress Report.
31. From the Cabinet for Economic Development: FY 2011 Annual Report for the Kentucky Investment Capital Network.
32. From Adjutant General Edward W. Tonini: Military Family Assistance Trust Fund, FY 2011 Annual Report.
33. From the Cabinet for Economic Development: Letter informing the Legislative Research Commission that there have been no grants, loans, expenditures, or commitments made from the Agricultural Warehousing Sites Cleanup Fund for FY 2011.
34. From the Tourism, Arts, and Heritage Cabinet, Kentucky Department of Fish and Wildlife Resources: FY 2011 Hunger Relief Program Report.
35. From the Transportation Cabinet: FY 2011 KPTIA Operating and Financial Statement.
36. From the Kentucky Board of Medical Licensure: 2011 Annual Report.
37. From the Cabinet for Health and Family Services: 2010 Report on Interstate Sharing of KASPER Data.
38. From the Tourism, Arts, and Heritage Cabinet: FY 2011 Kentucky Tourism Development Act Incentives Annual Report.
39. From the Tourism, Arts, and Heritage Cabinet: FY 2011 Kentucky Production Industry Incentives Annual Report.
40. From the Education Commission of the States: 2011 updated ECS Bylaws.
41. From the Energy and Environment Cabinet: Listing of agency-owned properties that were open and closed for hunting during FY 2011.
42. From the Teachers Retirement System: FY 2011 Annual Report.