The 502nd meeting of the Legislative Research Commission was held on Wednesday, June 4, 2003, at 1:30 PM, 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: Senator David L. Williams, Co-Chair; Representative Jody Richards, Co-Chair; Senators Daniel Kelly, Richard Roeding, Elizabeth Tori, Johnny Ray Turner, and Ed Worley; Representatives Joe Barrows, Jim Callahan, Larry Clark, Bob DeWeese, Jeffrey Hoover, Greg Stumbo, and Ken Upchurch.
LRC Staff: Bobby Sherman and Diana Hill.
Speaker Richards called the meeting to order and the secretary called the roll. There being a quorum, Speaker Richards said that with the passage of SB 221, 9 votes are now required to approve all LRC actions, and that all LRC votes must be by roll call.
The first order of business was to approve the minutes of the March 22, 2001, and March 25, 2003, meetings; accept items A. through F. under Staff and Committee Reports; refer prefiled bills as indicated; approve items B. through S. under New Business; accept and refer as indicated, items A. through G. under Communications; and to approve Resolutions A. through D. A motion was made by Senator Worley, seconded by Representative Barrows and duly passed by unanimous vote. The following items were approved, referred, or accepted:
Minutes of the March 21, 2001 and March 25, 2003, meetings.
STAFF AND COMMITTEE REPORTS
A. Information requests.
B. Committee activity report for May, 2003.
C. Report of the Administrative Regulation Review Subcommittee meetings of April 10, 2001; May 8, 2001; June 12, 2001; July 10, 2001; August 7, 2001, September 11, 2001; October 9, 2001; November 13, 2001; December 11, 2001; January 8, 2002; February 13, 2002; March 13, 2002; April 15, 2002; May 14, 2002; June 11, 2002; July 9, 2002; August 13, 2002; September 10, 2002; October 8; 2002; November 12, 2002; December 10, 2002; January 14, 2003; February 12, 2003; March 11, 2003; April 8, 2003; and May 13, 2003.
D. Committee reviews of administrative regulations: Local Government, March 23, 2001; Seniors, Military Affairs, and Public Safety, September 10, 2001; Health and Welfare, September 25, 2001; Agriculture and Natural Resources, October 11, 2001; Health and Welfare, October 17, 2001; Senate Health and Welfare, February 6, 2002; House Health and Welfare, February 7, 2002; Local Government, February 7, 2002; Senate Health and Welfare, March 13, 2002; House Health and Welfare, March 14, 2002; Senate Health and Welfare, March 27, 2002; House Health and Welfare, March 28, 2002; Health and Welfare, April 30, 2002; Appropriations and Revenue, July 16, 2002; Health and Welfare, August 21, 2002; Health and Welfare, September 18, 2002; Agriculture and Natural Resources, October 11, 2002; Health and Welfare, October 16, 2002; Health and Welfare, November 13, 2002; Health and Welfare, December 18, 2002; Health and Welfare, January 15, 2003; Senate Health and Welfare, February 11, 2003; and House Health and Welfare, February 13, 2003.
E. From Bobby Sherman: Status of LRC Communications.
F. From Senator Albert Robinson, Chair, Senate Standing Committee on State and Local Government, and Representative Steve Riggs, Chair, House Standing Committee on Local Government: Memo reporting committees’ acceptance of FY 2003 Kentucky Small Cities Community Development Block Grant Application.
NEW BUSINESS
Referral of prefiled bills to the following committees: BR 13 (relating to fetal homicide) and BR 30 (relating to the Interstate Compact for Juveniles) to Judiciary; BR 17 (relating to parks and recreation) and BR 18 (relating to parks and recreation) to Local Government; BR 29 (relating to mines and minerals) to Agriculture and Natural Resources; BR 31 (relating to consumer protection) to Banking and Insurance; and BR 45 (relating to retirement) to State Government.
B. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum appointing members to the Local Superintendent’s Advisory Council.
C. From Senator Lindy Casebier and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Request to meet on June 19 rather than the regularly scheduled July meeting date, and to meet on September 8 rather than the regularly scheduled meeting date (Labor Day), and for approval of three subcommittees. Approval of the September 8 meeting date may result in a conflict for one member.
D. From Senator Ernie Harris, Representative Roger Thomas, and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Request to meet on June 18 rather than the regularly scheduled meeting date and the approval of three subcommittees. There is a potential conflict with five members if Health and Welfare meets.
E. From Senator Richie Sanders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Request for approval of meeting date of June 19 rather than the regular monthly meeting date. There is a potential conflict for five members if Labor and Industry meets.
F. From Senator Robert Stivers and Representative Gross Lindsay, Co-Chairs, Interim Joint Committee on Judiciary: Request for approval of meeting date of August 20 rather than the regular monthly meeting date. There is a potential conflict for four members if Health and Welfare meets.
G. From President David L. Williams and Speaker Jody Richards: Request for recreation of the Special Subcommittee on Energy.
H. From Senator Richie Sanders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Request for creation of the Subcommittee on 2004-2006 Budget Preparation and Submission and for authorization for meetings during May and June, upon call of subcommittee co-chairs.
I. From Senator Charlie Borders and Representative Royce Adams: Request for appointment of members to the 2003 Task Force on Funding for Wildlife Conservation and request for approval to hold two meetings during the 2003 interim.
J. From Bobby Sherman: Recognize membership of the Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs, and particularly request ratification of appointment of Senate members and co-chair.
K. From Senator David L. Williams and Representative Jody Richards: Memorandum to Mary E. Lassiter, Acting State Budget Director, confirming appointment of Finance Secretary Gordon Duke to the Consensus Forecasting Group, replacing Kevin Flanery.
L. From Bobby Sherman: Request for ratification of execution of four personal service contracts between LRC and the following: Professor William F. Fox (tax policy consultant: completed); Mark Overstreet (Patton v. Sherman: assumed completed); Paul Coomes and Larry Lynch (Ohio River casinos study: completed); and Mark Overstreet (Young v. Williams: ongoing).
M. From Senator Albert Robinson and Representative Charles Geveden, Co-Chairs, Interim Joint Committee on State Government: Request for approval of November 24 meeting date rather than the regular monthly meeting date. There are no apparent conflicts.
N. From Senator Albert Robinson and Representative Charles Geveden, Co-Chairs, Interim Joint Committee on State Government, and Senator Alice Forgy Kerr and Representative Adrian Arnold, Co-Chairs, Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs: Request for establishment of the fourth Tuesday of each month (p.m.) during the 2003 Interim as the regular monthly meeting date for the Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs. There are no apparent conflicts.
O. From Senator Gary Tapp and Representative Denver Butler, Co-Chairs, Interim Joint Committee on Licensing and Occupations: Request for approval to hold a September meeting on September 19 rather than the regularly scheduled meeting date of September 12. There is a potential conflict for three members on the Special Subcommittee on Energy, should that committee meet in September.
P. From Senator Albert Robinson and Representative Steve Riggs, Co-Chairs, Interim Joint Committee on Local Government: Memo requesting approval for meeting date of June 19 at Northern Kentucky University rather than the regularly scheduled meeting date of June 25. There are no apparent conflicts.
Q. From Bobby Sherman: Recommendation for appointment of Bill VanArsdall as Reviser of Statutes.
R. From John Cubine, Deputy Director, LRC Budget Review: Submission for approval of the Final Budget Memoranda for Fiscal Year 2002-2004.
S. From Ginny Wilson, Deputy Director for Research and Finance: Recommendation that the issue of health insurance coverage for infertility services (2003 HR 163) be assigned to the Interim Joint Committee on Banking and Insurance, should LRC determine to assign the issue.
COMMUNICATIONS
A. From the Auditor of Public Accounts: Examination of Selected Practices and Financial Transactions of Knott County Government, to Appropriations and Revenue.
B. From the Office of the Attorney General: Constitutional Challenge Report – March 2003, to Judiciary.
C. From the Kentucky Higher Education Student Loan Corporation: Unaudited Financial Statements for the nine months ending March 31, 2003, to Appropriations and Revenue.
D. From the Revenue Cabinet, Department of Property Valuation: County Real Estate Exemption List Pursuant to KRS 132.220(6), to Appropriations and Revenue.
E. From Kentucky Employers’ Mutual Insurance: Statement of Assets, Liabilities and Surplus as of March 31, 2003, to Appropriations and Revenue and Labor and Industry.
F. From Kentucky Employers’ Mutual Insurance: Quarterly Statement as of March 31, 2003, to Appropriations and Revenue and Labor and Industry.
G. From Natural Resources and Environmental Protection Cabinet: 2002 Status of Kentucky’s Forest Biennial Report, to Agriculture and Natural Resources.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Connie Sue Hegge Hemmer.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Ethel Blanche Richardson Alston.
C. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of the Reverend Edward Deedom Alston.
D. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of John Toebben.
President Williams offered a resolution adjourning the LRC in loving memory and honor of Richard A. Sanders, Jr., father of Senator Richie Sanders.
Speaker Richards offered a resolution adjourning the LRC in loving memory and honor of Dr. Janie Jones, who was a long-time LRC staff person and CSA of the Interim Joint Committee on Education.
Senator Roeding mentioned two previously approved resolutions adjourning the LRC in memory and honor of Connie Sue Hemmer and John Toebben.
A motion was made by Representative Callahan and seconded by Senator Tori, to approve the resolutions for Richard A. Sanders and Dr. Janie Jones. The motion passed by unanimous vote.
There being no further business before the Commission, the meeting was adjourned at 1:50 p.m.