The 504th meeting of the Legislative Research Commission was held on Wednesday, September 3, 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 Charlie Borders, Bob Jackson, 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 L. Hill.
Representative Richards called the meeting to order and the secretary called the roll. There being a quorum present, Speaker Richards called for a motion to approve the minutes of the July 2, 2003, meeting; accept Items A. through F. under Staff and Committee Reports; refer pre-filed bills as indicated, and approve items B. through K. under New Business; accept and refer as indicated items A. through Z. under Communications; and approve Resolutions A. through F. Speaker Richards asked the Secretary to read Resolution E. in its entirety honoring Dr. Thomas Clark on his 100th birthday.
There was a brief discussion regarding item D. under New Business. After the discussion, a roll call vote was taken and the motion passed unanimously, approving the entire agenda as follows:
STAFF AND COMMITTEE REPORTS
A. Information requests.
B. Committee activity report for July and August, 2003.
C. Report of the Administrative Regulation Review Subcommittee meetings of July 8 and August 7, 2003.
D. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare at its July 16 and August 20 meetings.
E. Review of FFY 2004 and 2005 Community Services Block Grant Application by the Interim Joint Committee on Health and Welfare.
F. Review of FFY 2004 Community Mental Health Services Block Grant Application by the Interim Joint Committee on Health and Welfare.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 53 (a resolution naming United States Route 460/Kentucky Route 80 in Pike County in memory and honor of Brandon Jacob Rowe; Name the reconstructed US 460/KY 80 in Pike County from the city of Pikeville to the Virginia State Line in memory and honor of Brandon Jacob Rowe), BR 100 (relating to traffic regulations), BR 125 (a resolution naming the Daniel Boone-Hal Rogers Parkway), and BR 136 (relating to motor vehicles) to Transportation; BR 59 (relating to birth control education programs), BR 60 (relating to abortion), BR 150 (a resolution petitioning the United States Congress to propose an amendment to the Constitution of the United States, for submission to the several States, to recognize marriage as the union of a man and a woman), and BR 160 (a resolution petitioning the United States Congress to propose an amendment to the Constitution of the United States, for submission to the several states, to recognize marriage as the union of a man and a woman) to State Government; BR 65 (relating to tax credits for biodiesel), and BR 119 (a resolution confirming the appointment of Stephen C. Cawood to the Mine Safety Review Commission) to Agriculture and Natural Resources; BR 70 (relating to carrying a concealed deadly weapon), BR 116 (relating to crimes and punishments and declaring and emergency), BR 117 (relating to crimes and punishments), BR 118 (relating to crimes and punishments), BR 131 (relating to fetal homicide), BR 132 (relating to actions terminating parental rights), BR 133 (relating to the use of juries in competency hearings conducted in guardianship proceedings), and BR 196 (relating to conditions of probation and conditional discharge) to Judiciary; BR 72 (relating to the insurance premium tax), BR 154 (relating to insurance claims), and BR 158 (relating to personal motor vehicle insurance database) to Banking and Insurance; BR 73 (relating to the identification of certified volunteer firefighters), and BR 157 (relating to collection of local governmental insurance premium taxes) to Local Government; BR 74 (relating to the Kentucky Military Museum) to Seniors, Veterans, Military Affairs and Public Protection; BR 81 (relating to tongue splitting) to Licensing and Occupations; BR 195 (relating to income tax), BR 210 (relating to sales and use tax), and BR 211 (relating to sales and use tax) to Appropriations and Revenue; BR 75 (a resolution designating September as Character Education Month in Kentucky), and BR 128 (relating to the Kentucky Educational Excellence Scholarship program) to Education.
B. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum replacing David Hanna, Ph.D with William Kraft, Ph.D., on the Task Force on Services and Supports for Individuals with Acquired Brain Injuries.
C. From Senator Alice Kerr and Representative Steve Riggs, Co-Chairs, Task Force on Inter-County Cooperation: Memorandum requesting approval of two more meetings at the call of the co-chairs, to provide adequate time to complete its report for submission to the LRC no later than October 1.
D. From Senator Richie Sanders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet at the University of Louisville on September 18, 2003, a date other than the committee’s normal meeting day. This would be the committee’s third out-of-Frankfort meeting. There is a conflict with the interim joint committees on Economic Development and Tourism, and Labor and Industry.
E. From Bobby Sherman: Proposed 2004 Regular Session Calendar.
F. From Bobby Sherman: Prefiling Deadlines for the 2004 Regular Session.
G. From Senator Ernie Harris, Representatives Roger Thomas and Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting approval of Representative Mike Denham’s request to change his subcommittee assignment from the Subcommittee on Horse Farming to the Subcommittee on Rural Issues of the Interim Joint Committee on Agriculture and Natural Resources.
H. From Senator Ernie Harris, Representatives Roger Thomas and Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting approval for the Subcommittee on Rural Issues to hold a second monthly meeting on November 20, 2003, to address a request from the Tobacco Settlement Agreement Fund Oversight Committee.
I. From Senator Tom Buford and Representative James Bruce, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting to change their regularly scheduled meeting date of September 23 to September 30 due to conflicts with the Interim Joint Committee on State Government’s September 23 out-of-town meeting.
J. From Senator Albert Robinson and Representative Steve Riggs, Co-Chairs, Interim Joint Committee on Local Government, and Senator Albert Robinson and Representative Charles Geveden, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting permission for a joint, out-of-town meeting to be held in the Irvine/Stanton area on September 24, 2003. This is the regular monthly meeting day for both interim joint committees, and there are no apparent conflicts.
K. From Senator Albert Robinson and Representative Charles Geveden, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting permission for additional monthly meeting on September 23, 2003.
COMMUNICATIONS
A. From Senator Katie Stine and Representative Charlie Hoffman, Co-Chairs, Program Review and Investigations Committee: Memorandum notifying the Commission, pursuant to KRS 6.905(3) of three Program Review studies instituted and statutory opportunity for consideration of appointment of non-voting ex officio members.
B. From the Office of Financial Management: Monthly Investment Income Report for June 2003, to Appropriations and Revenue.
C. From the Office of Financial Management: Monthly Investment Income Report for July 2003, to Appropriations and Revenue.
D. Letter from the Auditor of Public Accounts: Transportation Cabinet in Reference to the Statewide Single Audit of the Commonwealth of Kentucky, to Appropriations and Revenue.
E. Letter from the Auditor of Public Accounts: Personnel Cabinet’s Payroll and Personnel Functions in Reference to the Statewide Single Audit of the Commonwealth of Kentucky, to Appropriations and Revenue.
F. Letter from the Auditor of Public Accounts: Cabinet for Families and Children in Reference to the Statewide Single Audit of the Commonwealth of Kentucky, to Appropriations and Revenue.
G. Letter from the Auditor of Public Accounts: Cabinet for Health Services in Reference to the Statewide Single Audit of the Commonwealth of Kentucky, to Appropriations and Revenue.
H. Examination of Selected Transactions and Activities of the Kentucky Racing Commission by the Auditor of Public Accounts to, Appropriations and Revenue and Licensing and Occupations.
I. Letter from the Auditor of Public Accounts: Finance and Administration Cabinet in Reference to the Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2002, to Appropriations and Revenue.
J. From the Office of the Attorney General: Constitutional Challenge Report for May 2003, to Judiciary.
K. From the Office of the Attorney General: Constitutional Challenge Report for June 2003, to Judiciary.
L. From the Secretary for Health Services: FFY 04 Substance Abuse Prevention and Treatment Block Grant Application Summary, to Health and Welfare.
M. From the Kentucky Commission on the Deaf and Hard of Hearing: TDD Distribution Program Annual Report for the fiscal year 2002-2003, to the Special Subcommittee on Energy and State Government.
N. 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 June 2003, and year-to-date activity for the period July 1, 2002 – June 30, 2003, to Local Government and Appropriations and Revenue.
O. From the Labor Cabinet Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending June 30, 2003, to Labor and Industry and Appropriations and Revenue.
P. From the Secretary for Health Services: FY 2003 Assisted Living Revenue and Expenditure Report for FY 2003, to Health and Welfare and Appropriations and Revenue.
Q. From the Justice Cabinet: 2003 Criminal Justice Council Interim Report, to Judiciary.
R. From the Cabinet for Economic Development Department of Financial Incentives: Loan data sheets for each loan approved as of the quarter ended March 31, 2003, to Appropriations and Revenue and Economic Development and Tourism.
S. From the Office of the Secretary, Finance and Administration Cabinet: Letter stating that no appropriation of state general funds will be required for the issuance of the Kentucky Economic Development Finance Authority Medical Center Revenue Refunding and Improvement Bonds, Series 2003A and 2003B (Ashland Hospital Corporation d/b/a King’s Daughters Medical Center Project) to, Economic Development and Tourism and Appropriations and Revenue.
T. From the Transportation Cabinet: Memorandum stating compliance with the recommendations of the FY 2002 Statewide Single Audit of the Transportation Cabinet to, Appropriations and Revenue.
U. From Kentucky Employers’ Mutual Insurance: Statement of Assets, Liabilities and Surplus; Statement of Income; and Statement of Solvency for the six months ended June 30, 2003, to Labor and Industry and Appropriations and Revenue.
V. From Kentucky Employers’ Mutual Insurance: Quarterly Statement as of June 30, 2003, to Labor and Industry and Appropriations and Revenue.
W. From the Personnel Cabinet: Dual Employment Report for the quarter ending June 2003, to State Government and Appropriations and Revenue.
X. From the Kentucky Judicial Form Retirement System: Judicial Retirement Fund and Legislators Retirement Fund operating statements, lists of investments held by the funds as of June 30, and portfolio valuations of the funds as of June 30, 2003, to State Government and Appropriations and Revenue.
Y. Department of Workers’ Claims: Quarterly Activity Report April – June 2003, to Labor and Industry.
Z. Natural Resources and Environmental Protection Cabinet: Inventory of facilities eligible for reimbursement from the Office of Petroleum Storage Tank Environmental Assurance Fund, to Agriculture and Natural Resources.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of James “Tex” Madison.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of David G. Eddins.
C. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of A. G. Pritchett.
D. A RESOLUTION urging Congress to enact legislation that guarantees greater equity between all states in the amount of federal highway funds allocated to each state.
E. A RESOLUTION adjourning the Legislative Research Commission in honor of Dr. Thomas D. Clark upon the occasion of his one hundredth birthday.
F. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of David Joseph Goetz.