The 497th Legislative Research Commission met on Wednesday, August 16, 2000, at 1:30 p.m., in Room 111 of the Capitol Annex. Senator David Williams, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator David Williams, Presiding Officer; Representative Jody Richards; Senators David Boswell, Charlie Borders, Dan Kelly, David Karem, Marshall Long, Richard "Dick" Roeding, and Elizabeth Tori; Representatives Woody Allen, Joe Barrows, Jim Callahan, Larry Clark, Danny Ford, Jeff Hoover, and Greg Stumbo.
LRC Staff: Bobby Sherman, Director; and Diana Hill.
There being a quorum present, the first order of business was the approval of the minutes of the July 5, 2000 meeting. A motion was made by Senator Boswell, seconded by Representative Clark and duly passed without objection, to approve the minutes.
Under staff and committee reports a motion was made by Senator Roeding, seconded by Representative Callahan and duly passed without objection, to accept items A through F as follows:
A. Information requests.
B. Committee activity report for July, 2000.
C. Report of the Administrative Regulation Review Subcommittee meetings of July 11 and August 1, 2000.
D. From Representative Tom McKee, Chair, Special Subcommittee on Energy: Report on the FY 2000 Low Income Home Energy Assistance Program (LIHEAP) Block Grant Program.
E. From Senator Richie Sanders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Interim Appropriations Actions FY 1999-2000 and FY 2000-2001.
F. From Senator Katie Stine and Representative Gippy Graham, Co-Chairs, Program Review and Investigations Committee: Memo regarding August meeting actions, studies adopted, and approval of Committee Operations 2000-2001 Interim Manual.
Senator Kelly said that there were some statutory committees and advisory councils that needed to be appointed. Senator Kelly made a motion to approve a memo from President Williams requesting approval of the appointment of Senator Brett Guthrie to the Kentucky Information Technology Advisory Council. The motion was seconded by Senator Williams and duly passed without objection.
Senator Kelly moved for the approval of the appointments of Senators McGaha, Sanders, Harris, Moore, Shrout, and Miller to the Tobacco Settlement Agreement Fund Oversight Committee. President Williams asked Speaker Richards if the House wished to make its appointments. Speaker Richards said that the House had not finally considered recommendations for appointments and that appointments to committees customarily have been done at the same time. He felt that appointments should not be voted on separately. Senator Karem expressed concern that in the past the party caucuses have been consulted about their own appointments and that this is the first time that hasn't been done. Representative Ford said that appointments should be made uniformly for all committees, and this has not been done in the past.
President Williams called for a voice vote on the motion. Senator Karem then requested a roll call vote. On roll call, the motion failed, having eight ayes and eight nays as follows: Ayes: Rep. Allen, Sen. Borders, Rep. Ford, Rep. Hoover; Sen. Kelly, Sen. Roeding, Sen. Tori, and Sen. Williams; Nays: Rep. Barrows, Sen. Boswell, Rep. Callahan, Rep. Clark, Sen. Karem, Sen. Long, Rep. Stumbo, Speaker Richards.
Senator Boswell said he would like to explain his "no" vote by saying that in the past the minority party has been given the opportunity for input into the committee membership.
Speaker Richards presented a memo requesting that the regular interim committee schedule should resume on September 1, 2000. A motion was made by Speaker Richards and seconded by Representative Callahan to approve the memo. A roll call vote was called for. President Williams spoke in opposition to the memo stating that since there could be no agreement on the appointment of the statutory committees, then interim committee meetings would be approved as they become necessary.
Speaker Richards said the statutory committees have nothing to do with the interim committee system, which should start as usual to allow members the opportunity to discuss issues. He said that a number of members have contacted him wanting the interim to start.
Senator Roeding said that the statutory committees are an integral and important part of the legislative process and until they are appointed there should be no interim committee meetings until statutory committees are appointed.
Representative Stumbo asked Bobby Sherman if the LRC has the authority to tell committees they cannot meet. Mr. Sherman said that traditionally, the statutory committees are considered to be outside of the interim, and can meet anytime. He stated that the motion by the Speaker deals only with the start of the regular calendar for meetings of interim joint committees and special committees.
Representative Stumbo asked if the statutory committees had been appointed and approved by the LRC during the organizational session. Mr. Sherman said that the statutory committees at issue were last appointed in July of 1998, and members are serving two-year terms ending July of 2000. Mr. Sherman advised that those appointments should continue until their successors are appointed.
Representative Stumbo said that the statutory committees may be serving under a quasi power not extended by LRC as far as appointments, which could generate a court challenge if they took any action. He said that the interim should begin.
President Williams said that the Majority Party of the Senate wants equitable representation on statutory committees between the Senate and the House. Traditionally, the House has had control of at least three statutory committees and that the statutes do not address this issue, nor has an agreement been reached.
Speaker Richards respectfully disagreed with President Williams and said that the committees were created by statutes, which were enacted between 10-20 years ago. By law, each committee has seven members with one member to serve as chair, and the LRC has no authority to increase the membership to eight. Speaker Richards said if this is changed, it needs to be done by law.
President Williams said they are not proposing to increase the membership to eight, but the Senate Majority feels strongly that the Senate should have majority membership on at least one, and perhaps two, of the statutory committees at issue.
Senator Long expressed concern that the Governor was going to call a special session on workers compensation and environmental issues, which need to be addressed before February. He said committees should be meeting now.
Representative Stumbo said if the statutory committees continue to act with the current membership in place, then the status quo does not change. He said he did not understand holding the interim committee system hostage when the statutory committee membership is the same.
President Williams said there was linkage on the issues and that any decisions regarding committee memberships should be equitable to both the Senate and the House.
Speaker Richards stated that LRC does not appoint chairs of statutory committees. Rather, they are elected by the members of the committee.
Representative Stumbo questioned if the interim does not begin, could a House committee meet with the Speaker's approval and the members be reimbursed, or vice versa in the Senate, for attending a meeting that was not an interim meeting.
Bobby Sherman stated that the only committees authorized between sessions of the General Assembly are statutory committees and committees authorized by the LRC, which include interim joint committees and special committees. These are considered subcommittees of the LRC.
President Williams said that KRS 6.210 states that the compensation and travel allowance of members of the General Assembly shall be paid on the certificate of the co-chairs of the LRC. President Williams said that he did not intend to sign any such certificate until the issue of appointments is resolved.
Representative Callahan expressed concern that if the LRC meeting adjourns, and the interim does not begin, the work of the legislature will be effectively shut down.
President Williams said he would approve be willing to approve any upcoming committee meetings when the committee had a real need to meet, and that the LRC approval of such a meeting would be appropriate.
After further discussion, a fifteen minute recess was called to try to resolve the issue of appointments to the Tobacco Settlement Agreement Fund Oversight Committee.
Upon returning from the recess, President Williams asked if there was any report on resolving the issue. There being none, a roll call vote was taken on Speaker Richards' previous motion that the interim begin on September 1, 2000. The motion failed on a vote of 8 ayes and 8 nays as follows: Ayes: Rep. Barrows, Sen. Boswell, Rep. Callahan, Rep. Clark, Sen. Karem, Sen. Long, Rep. Stumbo, Speaker Richards; Nays: Rep. Allen, Sen. Borders, Rep. Ford, Rep. Hoover; Sen. Kelly, Sen. Roeding, Sen. Tori, and Sen. Williams. Action on the remaining items on the agenda was then considered.
Under New Business, a motion was made by President Williams, seconded by Senator Kelly and duly passed to accept and refer the following prefiled bills: BR 15 to the Interim Joint Committee on State Government; and BR 38 to the Interim Joint Committee on State Government.
A motion was made by Senator Roeding, seconded by Senator Tori and duly passed without objection, to approve items B. and G. as follows:
B. From Senator Virgil Moore and Representative Hubert Collins, Co-Chairs, Interim Joint Committee on Transportation: Request for approval of membership of the Subcommittee on Highways and Traffic Safety and the Subcommittee on Vehicle Regulation as follows:
Subcommittee on Highways and Traffic Safety
Sen. Bob Leeper, Co-Chair Rep. Larry Belcher
Rep. John Bowling, Co-Chair Rep. Barbara Colter
Sen. Marshall Long Rep. Paul Marcotte
Sen. Richard Sanders Rep. Chris Ratliff
Sen. Ed Worley Rep. John Will Stacy
Rep. John Arnold Rep. Tommy Turner
Rep. Eddie Ballard Rep. Pete Worthington
Subcommittee on Vehicle Regulation
Sen. Charles Borders, Co-Chair Rep. Denver Butler
Rep. Charlie Miller, Co-Chair Rep. Jodie Haydon
Sen. Walter Blevins Rep. Jimmie Lee
Sen. Paul Herron Rep. Lonnie Napier
Sen. Albert Robinson Rep. Marie Rader
Rep. Rocky Adkins Rep. Will Scott
Rep. Ira Branham Rep. John Vincent
G. From Senator Albert Robinson and Representative Charles Geveden, Co-Chairs, Interim Joint Committee on State Government: Request for approval of the membership of the Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs, and the Subcommittee on Information Technology as follows:
Subcommittee on Elections, Constitutional Amendments,
and Intergovernmental Affairs
Sen. Alice Kerr, Co-Chair Rep. Hoby Anderson
Rep. Adrian Arnold, Co-Chair Rep. Joe Barrows
Sen. Glenn Freeman Rep. Jim Bruce
Sen. Ernie Harris Rep. Stan Cave
Sen. Ed Miller Rep. Perry Clark
Sen. Elizabeth Tori Rep. Gross Lindsay
Rep. Woody Allen Rep. Mary Lou Marzian
Subcommittee on Information Technology
Sen. Elizabeth Tori, Co-Chair Rep. Carolyn Belcher
Rep. Buddy Buckingham, Co-Chair Rep. Brian Crall
Sen. Ernie Harris Rep. Jimmie Lee
Sen. David Karem Rep. Jim Wayne
President Williams mentioned that there were three resolutions which had been handed out which would adjourn the LRC in honor of Glenn Francis Smith, Charles Leslie Cornett, and Alfred Daniel Long, retiring Kentucky State Police who have served the General Assembly for many years. A motion was made by Speaker Richards, seconded by Senator Karem and duly passed without objection, to adopt the resolutions.
Under Communications, a motion was made by Senator Roeding, seconded by Senator Tori, and duly passed without objection, to accept and refer items A. through P. after adding an additional referral to the Interim Joint Committee on Economic Development and Tourism of item L. They are as follows:
A. From the Office of Financial Management: Monthly Investment Income Reports for April, May, and June, 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 May and June, 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 month of March 2000, and year-to-date activity for the periods of July 1, 1999, through May 31, and July 1, 1999 through June 30, 2000, to the Interim Joint Committee on Appropriations and Revenue, and Interim Joint Committee on Local Government.
D. From the Natural Resources and Environmental Protection Cabinet: Quarterly reports for the period of April 1, 2000 to June 30, 2000, to the Interim Joint Committee on Agriculture and Natural Resources.
E. From the Auditor of Public Accounts: Report on Applying Agreed-Upon Procedures for the Kentucky Department of Education, to the Interim Joint Committee on Education.
F. From the Auditor of Public Accounts: Audit Examination of the Payroll and Personnel Functions, to the Interim Joint Committee on Education.
G. From the Auditor of Public Accounts: Audit of the Personnel Cabinet Payroll and Personnel Functions, to the Interim Joint Committee on State Government.
H. From the Secretary for Health Services: 1998 Child Fatality Review Annual Report, to the Interim Joint Committee on Health and Welfare.
I. From the Labor Cabinet, Coal Workers' Pneumoconiosis Fund: Quarterly Report for April - June, 2000, to the Interim Joint Committee on Labor and Industry.
J. From the Kentucky Judicial Form Retirement System: Operating Statement of the Kentucky Judicial Retirement Fund and Legislators' Retirement Fund for Fiscal Year 1999-2000, to the Interim Joint Committee on Appropriations and Revenue.
K. From the University of Kentucky, Office of Controller and Treasurer: June 30, 2000, Mining and Minerals Trust Fund Report, to the Interim Joint Committee on Appropriations and Revenue.
L. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for loans approved as of the quarter ended June 30, 2000, to the Interim Joint Committee on Appropriations and Revenue.
M. From the Kentucky Commission on the Deaf and Hard of Hearing: Annual Report of the TDD Distribution Program for the fiscal year 1999-2000, to the Special Subcommittee on Energy.
N. From the Secretary for Health Services: Medicaid Fraud and Abuse Reports for the periods of July 1, 1999 through May 31, 2000, and July 1, 2000 through June 30, 2000, to the Interim Joint Committee on Appropriations and Revenue and the Interim Joint Committee on Health and Welfare.
O. From the Kentucky Employers' Mutual Insurance: Bylaws of Kentucky Employers' Mutual Insurance Authority, to the Interim Joint Committee on Labor and Industry.
P. From the Kentucky Employers' Mutual Insurance: Quarterly Statement as of June 30, 2000, to the Interim Joint Committee on Appropriations and Revenue and Interim Joint Committee on Labor and Industry.
A motion was made by Representative Clark and seconded by Senator Karem, to approve items C., D., E., & F. under New Business. The motion failed on a voice vote. The items are as follows:
C. From Senator Albert Robinson and Representative Steve Riggs, Co-Chairs, Interim Joint Committee on Local Government: Request for approval for a change from its regularly scheduled meeting date of September 27 to September 28 to meet in Louisville with the Kentucky League of Cities. There is a potential conflict for three members.
D. From Senator Lindy Casebier and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Request for approval for the committee and subcommittees to meet on September 11 rather than its regularly scheduled meeting date of September 4 (Labor Day).
E. From Senator Richie Sanders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Request for approval for the committee to meet on August 24 to hear testimony from Dr. James Ramsey regarding the General Fund and Road Fund fiscal year end balances.
F. From Senator Tom Buford and Representative James Bruce, Co-Chairs, Interim Joint Committee on Banking and Insurance: Request for special meeting date of September 11 at the Northern Kentucky Convention Center in Covington as part of the Annual Convention of the Kentucky Bankers Association.
There being no further business, the meeting was adjourned.