The four hundred ninety-sixth Legislative Research Commission met on Wednesday, July 5, 2000, at 1:30 p.m., in Room 111 of the Capitol Annex. Representative Jody Richards, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Representative Jody Richards, Presiding Officer; Senators David Boswell, Charlie Borders, Dan Kelly, David Karem, Marshall Long, Richard "Dick" Roeding, and Elizabeth Tori; and David Williams; Representatives Woody Allen, Joe Barrows, Jim Callahan, Larry Clark, Danny Ford, Jeff Hoover, and Greg Stumbo.
LRC Staff: Peggy Hyland, Deputy Director; and Diana Hill.
Upon motion by Representative Barrows, seconded by Senator Williams, the minutes of the February 9 meeting were approved.
Under Staff and Committee Reports, a motion was made by Senator Karem, seconded by Senator Williams and duly passed without objection, to accept and refer as indicated. Those items are as follows:
B. Committee activity report for January through June, 2000.
C. Report of the Administrative Regulation Review Subcommittee meetings of March 6, April 12, May 9, and June 13, 2000.
D. Report of administrative regulations from the House and Senate Standing Committees on Health and Welfare and the Interim Joint Committee on Health and Welfare.
E. From Representative John A. Arnold, Jr., Chairman, Administrative Regulation Review Subcommittee: Report on a statutory conflict affecting 202 KAR 6:030, Finance and Administration Cabinet: Commercial Mobile Radio Service Emergency Telecommunications Board, to the Special Subcommittee on Energy.
F. Report on the FY 2000 Kentucky Small Cities Community Development Block Grant Application (CDBG) from the Senate Standing Committee on State and Local Government and the House Standing Committee on Local Government.
G. From Bobby Sherman (FYI): Appointments to the Program Review and Investigations Committee by House and Senate Leadership.
H. From Bobby Sherman (FYI): Appointments to the Legislative Ethics Commission by the Senate President and Speaker of the House.
I. From Bobby Sherman (FYI): Appointments of ex officio non-voting members to budget review subcommittees by the Speaker of the House.
Under New Business, a motion was made by Senator Karem, seconded by Senator Boswell and duly passed to accept item A. and refer the following prefiled bills: BR 5 to Appropriations and Revenue; BR 16 to Health and Welfare; BR 17 to State Government; and BR 28 to Licensing and Occupations.
A motion was then made by Senator Boswell, seconded by Senator Karem and duly passed without objection to approve items B. through Q. and to pass over item D. Those items are as follows:
B. From Senator David Williams, President of the Senate, and Representative Jody Richards, Speaker of the House: Request for the appointment of Senator Dale Shrout to the Long-Term Policy Research Center Board to complete the term of Senator Bob Jackson.
C. From Representative Brent Yonts, Chair, Government Contract Review Committee: Request to change monthly meeting date from the fourth Tuesday to the second Tuesday of each month.
D. From Bobby Sherman requesting approval of past LRC policy relating to presiding co-chairs of interim joint committees.
E. From Dr. James Ramsey, State Budget Director: Request for approval of appointments of John P. McCarty, Mark C. Berger, and James F. O'Connor to the Consensus Forecasting Group. One appointment will replace Dr. Charles Haywood who is resigning. A letter is attached from the co-chairs of the Appropriation and Revenue Committee concurring with the appointments.
F. Senator Albert Robinson and Representative Charles Geveden, Co-Chairs, Interim Joint Committee on State Government: Request for approval to establish a Subcommittee on Information Technology as recommended by the Task Force on Information Technology.
G. From Senator David Williams, President of the Senate, and Representative Jody Richards, Speaker of the House: Request for approval of the appointment of Lloyd Clapp to the Legislative Ethics Commission.
H. From Jerry Bailey, Deputy Director, Office for Budget Review: Request for approval to issue the FB 2000-2002 Final Budget Memorandum for the State/Executive Branch Budget Bill (HB 502), the Legislative Branch Budget Bill (HB 576), and the Judicial Branch Budget Bill (HB 577).
I. From Senator David Williams, President of the Senate, and Representative Jody Richards, Speaker of the House: Request for approval of appointment of members to the Subcommittee on Veterans' Affairs.
J. From Senator David Williams, President of the Senate, and Representative Jody Richards, Speaker of the House: Request for approval of appointment of members to the Tobacco Task Force.
K. From Representative John Arnold, Chairman, Administrative Regulation Review Subcommittee: Request for approval to change their regularly scheduled meeting date of August 8 to August 1 due to a conflict with the SLC Conference August 5-9.
L. From Representative Jodie Haydon, Chair, Capital Projects and Board Oversight Committee: Request for approval to change their regularly scheduled meeting date of July 18 to July 13 due to a conflict with the NCSL.
M. From Senator Ernie Harris, Representative Roger Thomas, and Representative James Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Request for approval for the yearly meeting in Louisville in conjunction with the Kentucky State Fair to meet with Fair Board members.
N. From Senator Vernie McGaha, Chair, Tobacco Task Force: Request for approval to meet on July 31 and August 28 in Frankfort to fulfill the requirements of SB 49. The Task Force also requests approval of a regularly scheduled meeting date of the second Tuesday of the month at 1:30 p.m.
O. From Senator Richie Sanders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Request for approval to meet on July 24 rather than the regular meeting date of July 27, to hear testimony regarding the June 30, 2000, fiscal year ending general fund and road fund receipts and preliminary year ending fund balances.
P. From Senator Ernie Harris, Representative Jim Gooch, and Representative Roger Thomas, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Request for approval of changes to the Senate appointments to the subcommittees of the Interim Joint Committee on Agriculture and Natural Resources.
Q. From Senator Lindy Casebier and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Request for approval of appointments of Senator Robert L. Jackson to the Subcommittee on Elementary and Secondary Education, and Senator Dan Seum to the Subcommittee on Postsecondary Education.
Speaker Richards said that there was a handout from the co-chairs of the Interim Joint Committee on Education requesting approval of Senator Shaughnessy's appointment to the Subcommittee on Postsecondary Education. A motion was made by Senator Karem, seconded by Senator Boswell and duly passed without objection, to approve the appointment.
The next handout was a memo from Peggy Hyland requesting that Ken Henry, Director of the Office of Education Accountability, or his designee be approved to fill a new position on the State Committee for School District Audits. Upon motion by Senator Karem, seconded by Senator Boswell, the motion was passed without objection.
The last handout was a memo from Speaker Richards requesting the appointments of Representatives Larry Clark, James Gooch, and Michael Weaver to the Electricity Restructuring Task Force. A motion was made and seconded to approve the appointments. As a point of order, Representative Ford said that in the past Representative Cave had served on the committee. It was agreed this was an oversight and a motion was made and seconded to approve the appointments as amended adding Representative Cave. Senator Williams asked how many House members were on the Task Force. John Gillig said there were ten members, three appointed by the President and three by the Speaker, and two appointed by the Senate and two by the House Minority Leaders. The motion was then amended to add Representative Marie Rader to the Task Force. A motion was made by Senator Karem, seconded by Senator Boswell and duly passed without objection to approve the appointments as amended, adding Representatives Cave and Rader.
Senator Williams and Senator Karem presented a memo requesting approval of appointments of Senators Harris, Borders, Long, Boswell, and Tori to the Electricity Restructuring Subcommittee. A motion was made by Senator Boswell, seconded by Senator Karem and duly passed without objection, to approve the appointments.
Under Communications, a motion was made by Senator Karem, seconded by Senator Boswell and duly passed without objection, to approve items A. through DD. and refer as indicated. Those communications are as follows:
A. From the Office of Financial Management: Monthly Investment Income Reports for December 1999, January, February, and March 2000, to the Interim Joint Committee on Appropriations and Revenue.
B. From the Office of Attorney General: Report of constitutional challenges during the months of January, February, March, and April, 2000, to the Interim Joint Committee on Judiciary.
C. 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 months of February, March, and April, and year-to-date activity for the period of July 1, 1999, through March 31, 2000, to the Interim Joint Committee on Appropriations and Revenue.
D. From the Natural Resources and Environmental Protection Cabinet: Quarterly reports for the periods of October 1, 1999, to December 30, 1999, and January 1 to March 31, 2000, to the Interim Joint Committee on Agriculture and Natural Resources.
E. From the Kentucky Higher Education Student Loan Corporation: Unaudited Financial Statements for the six months ended December 31, 1999, to the Interim Joint Committee on Appropriations and Revenue.
F. From the Cabinet for Public Protection and Regulation, Office of the Petroleum Storage Tank Environmental Assurance Fund: Performance Audit of the Petroleum Storage Tank Environmental Assurance Fund to the Interim Joint Committee on Agriculture and Natural Resources.
G. From the Natural Resources and Environmental Protection Cabinet: Letter in response to the report "Petroleum Storage Tank Environmental Assurance Fund January 2000 - Performance Audit" to the Interim Joint Committee on Agriculture and Natural Resources.
H. From the Housing Policy Advisory Committee: Annual Report of the Kentucky Housing Policy Advisory Committee to the Interim Joint Committee on Local Government.
I. From the Revenue Cabinet, Office of the Secretary: Kentucky Revenue Cabinet's (KRC) Annual Report for Fiscal Year 1998-99, to the Interim Joint Committee on Appropriations and Revenue.
J. From the Cabinet for Economic Development, Department of Financial Incentives: Annual Report of the Bluegrass State Skills Corporation for industry-specific training programs funded during FY 1998-99, to the Interim Joint Committee on Economic Development and Tourism.
K. From the Kentucky Cancer Registry: "1998 Cancer Incidence Report", to the Interim Joint Committee on Health and Welfare.
L. From the Office of the Secretary, Finance and Administration Cabinet: Letter certifying that no appropriation of state funds will be required for Catholic Health Initiatives, to the Interim Joint Committee on Appropriations and Revenue.
M. From the University of Kentucky: Tobacco and Health Research Institute Quarterly Reports January 1 - March 31, 2000, and April 1 - June 30, 2000, to the Interim Joint Committee on Agriculture and Natural Resources.
N. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for each loan approved as of the quarter ended March 31, 2000, to the Interim Joint Committee on Appropriations and Revenue.
O. From the Personnel Cabinet: Information on the turnover rate in excess of 15% for 1999, to the Interim Joint Committee on State Government.
P. From the Auditor of Public Accounts: Audit of the Transportation Cabinet, along with letter from the Transportation Cabinet stating intent to implement audit recommendations, to the Interim Joint Committee on Transportation.
Q. From the Auditor of Public Accounts: Audit of the Cabinet for Health Services, to the Interim Joint Committee on Health and Welfare.
R. From the Auditor of Public Accounts: Audit of the Cabinet for Families and Children, to the Interim Joint Committee on Health and Welfare.
S. From the Labor Cabinet, Coal Workers' Pneumoconiosis Fund: Quarterly Report/January - March, 2000, to the Interim Joint Committee on Labor and Industry.
T. From the Secretary for Families and Children: Annual Report on Committed Children for Fiscal Year 1999, to the Interim Joint Committee on Health and Welfare.
U. From the Kentucky Higher Education Student Loan Corporation: unaudited Financial Statements for the nine months ended March 31, 2000, to the Appropriations and Revenue.
V. From The Secretary for Families and Children: Elder Abuse Committee Annual Report 1999, to the Interim Joint Committee on Health and Welfare.
W. From Kentucky Employers' Mutual Insurance: Statement of Assets, Liabilities and Surplus as of March 31, 2000, to the Interim Joint Committee on Appropriations and Revenue.
X. From Kentucky Employers' Mutual Insurance: Quarterly Statement as of March 31, 2000, to the Interim Joint Committee on Appropriations and Revenue.
Y. From the University of Kentucky, Office of the Controller and Treasurer: Mining and Minerals Trust Fund Quarterly Financial Report to the Interim Joint Committee on Appropriations and Revenue.
Z. From the Auditor of Public Accounts: Report of the Statewide Single Audit of the Commonwealth of Kentucky, to the Appropriations and Revenue.
AA. From the Auditor of Public Accounts: Audit of the Office of Kentucky State Treasurer and Office of Financial Management and Economic Analysis, to the Interim Joint Committee on Appropriations and Revenue.
BB. From the Auditor of Public Accounts: Audit Examination of the Lease Law Compliance, to the Interim Joint Committee on Appropriations and Revenue.
CC. From the Pennyrile Area Development District: Annual Report for 2000, to the Interim Joint Committee on Local Government.
DD. From the Revenue Cabinet, Department of Property Valuation: Annual report of all exempt property by county, to the Interim Joint Committee on Appropriations and Revenue.
Senator Kelly brought up the question of language for the proposed constitutional amendment regarding annual legislative sessions. He asked staff to distribute a memo from Bobby Sherman concerning the language submitted to the Attorney General. He then raised concerns about the clarity of the language. He said he was afraid it would be confusing to the voters because it appeared to be inconsistent when talking about the maximum days. Senator Kelly proposed alternative language to make it clear that these were "additional legislative days" and change "30 days" to "20" days. After a brief discussion, it was decided that the language contained in the original memo would be clear to the voters and needed to be submitted at this time. A motion was made by Representative Clark, seconded by Senator Williams, to adopt the language in the original memo. The motion passed by voice vote. Senator Kelly stated again that he was still concerned that the voters would be confused by the language.
A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Emerson Holmes Hendley, was approved upon a motion made by Senator Karem, seconded by Senator Boswell and duly passed without objection.
A RESOLUTION adjourning the Legislative Research Commission in honor of James Graves, Superintendent of the Monroe County School System, upon the occasion of his retirement, was approved upon a motion made by Senator Karem, seconded by Senator Boswell and duly passed without objection.
There being no further business, the meeting was adjourned.