The 505th meeting of the Legislative Research Commission was held on Wednesday, October 1, 2003, at 1:30 PM, in Room 111 of the Capitol Annex. Senator David L. Williams, 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, Daniel Kelly, Richard Roeding, Elizabeth Tori, Johnny Ray Turner, and Ed Worley; Representatives Joe Barrows, Jim Callahan, Larry Clark, Bob DeWeese, Greg Stumbo, and Ken Upchurch.
LRC Staff: Bobby Sherman and Diana Hill.
Senator Williams called the meeting to order and the secretary called the roll. There being a quorum present, Senator Williams called for a motion to approve the minutes of the September 3, 2003 meeting; accept items A. through E. under Staff and Committee Reports; refer pre-filed bills as indicated, refer administrative regulations as indicated, and approve items C. through I. under New Business; accept and refer as indicated items A. through R. under Communications; and approve Resolutions A. through D. A motion was made by Senator Roeding and seconded by Senator Tori. A roll call vote was taken, and the motion passed unanimously to approve the entire agenda as follows:
STAFF AND COMMITTEE REPORTS
A. Information requests.
B. Committee activity report for September 2003.
C. Committee review of administrative regulations by the Interim Joint Committee on Agriculture and Natural Resources at its September 10, 2003, meeting.
D. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare at its September 17, 2003 meeting.
E. Final Report of the Task Force on Inter-County Cooperation.
A. Referral of prefiled bills to the following committees: BR 11 (relating to blasting operations) and BR 275 relating to anhydrous ammonia) to Agriculture and Natural Resources; BR 104 (relating to the Kentucky Virtual High School), BR 209 (relating to participation of Head Start teachers in the Kentucky Teachers’ Retirement System), BR 222 (relating to tuition at public postsecondary education institutions), BR 268 (relating to compulsory school attendance), and BR 269 (relating to compulsory school attendance) to Education; BR 207 (relating to domestic violence), BR 219 (relating to crimes and punishments), and BR 276 (abolishing the rule against perpetuities) to Judiciary; BR 20 (relating to electronic gaming at racetracks as a part of the state lottery) and BR 21 (relating to electronic gaming at racetracks as a part of the state lottery and making an appropriation therefor) to Licensing and Occupations; BR 214 (relating to providing the public with information about sex offenders) to Local Government; BR 90 (relating to telephone solicitation), BR 93 (AN ACT proposing an amendment to Section 226 of the Constitution of Kentucky relating to video lottery terminals at racetracks), BR 140 (proposing an amendment to Sections 7, 14, 54, and 241 of the Kentucky Constitution and proposing to create a new section of the Kentucky Constitution, relating to medical malpractice), BR 255 (relating to governmental smoking policies), BR 274 (designating Muhlenberg County as the birthplace of thumb picking as a style of guitar playing), BR 284 (relating to executive branch state employees), BR 285 (relating to an annual report to citizens on the finances, operations, and management of state government), BR 286 (relating to candidates’ disclosure of income tax returns), and BR 287 (relating to noncompetitive negotiation) to State Government; BR 64 (relating to license plates), BR 67 (relating to encouraging transportation within the Commonwealth), BR 239 (a joint resolution naming the Breathitt County Veterans Highway), and BR 241 (a joint resolution naming the “Sheriff Bobby Thomas Memorial Highway” in Hardin County) to Transportation; BR 273 (relating to telephone rates) to the Special Subcommittee on Energy; and BR 88 (relating to revenue and taxation, and making an appropriation therefor, and declaring an emergency) to Appropriations and Revenue.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 301 KAR 1:020 (Snagging); 301 KAR 1:201 (Fishing limits); 301 KAR 1:220 (Reciprocal agreements regarding fishing); 301 KAR 1:301 (Repeal of 301 KAR 1:300 and 301 KAR 1:310);301 KAR 2:041 (Shooting preserves and foxhound training enclosures); 301 KAR 2:082 & E (Transportation and holding of exotic wildlife); 301 KAR 2:144 (Fall wild turkey hunting); 301 KAR 3:030 (Year-round season for some birds and animals); 301 KAR 4:100 (Peabody Wildlife Management Area use requirements and restrictions); 301 KAR 6:060 (Safe boating certification); and 401 KAR 52:080 (Regulatory limit on potential to emit) to Agriculture and Natural Resources; 107 KAR 2:010 & E (Payment schedule for medical examination of reported victims of sexual offenses); 907 KAR 1:006 & E (Coverage of and payment for services for persons eligible for benefits under both Title XIX and Title XVIII); 907 KAR 1:022 & E (Nursing facility and intermediate care facility for the mentally retarded and developmentally disabled level of care criteria); 907 KAR 1:060 & E (Ambulance transportation); 907 KAR 1:160 & E (Home and community based waiver services); 907 KAR 1:170 & E (Reimbursement for home and community based waiver services); 907 KAR 1:340 (Reimbursement for hospice services); and 907 KAR 1:360 & E (Preventive and remedial public health services) to Appropriations and Revenue; 806 KAR 17:240 (Data reporting requirements); 808 KAR 9:040 (Limitation on electronic fund transfers from customer accounts) to Banking and Insurance; 11 KAR 3:100 (Administrative wage garnishment); 11 KAR 5:001 (Definitions pertaining to 11 KAR Chapter 5); 11 KAR 5:140 (KTG award determination procedure); 11 KAR 5:145 (CAP grant award determination procedure); 11 KAR 5:160 (Disbursement procedures); 11 KAR 6:010 (KHEAA Work-Study Program); 11 KAR 8:030 (Teacher scholarships); 11 KAR 12:060 (Cancellation, partial withdrawal, and payment of refund); 11 KAR 14:060 (Osteopathic Medicine Scholarship Program application of payments); 11 KAR 15:010 (Definitions for 11 KAR Chapter 15); 15 KAR 1:040 (Eligibility for insured student loans made directly by the corporation); 16 KAR 1:040 (Teachers' National Certification Incentive Trust Fund); 704 KAR 7:050 (Student discipline guidelines); and 770 KAR 1:070 (Capital construction procedures) to Education; 40 KAR 3:011E (Repeal of 40 KAR 3:010, Payment schedule for medical examination of victims of sexual offenses); 201 KAR 20:070 (Licensure by examination); 201 KAR 20:095 (Inactive nurse licensure status); 201 KAR 20:110 (Licensure by endorsement); 201 KAR 20:225 (Reinstatement of license); 201 KAR 20:370 (Applications for licensure and registration); 201 KAR 20:390 (Nursing Incentive Scholarship Fund); 201 KAR 20:480 (Licensure of graduate of foreign nursing schools); 201 KAR 28:010 (Definitions and abbreviations); 201 KAR 28:020 (General provisions); 201 KAR 28:030 (Short-term practice of occupational therapy for persons practicing under KRS 319A.090(1)(e)); 201 KAR 28:051 (Repeal of 201 KAR 28:051); 201 KAR 28:060 (Requirements for licensure); 201 KAR 28:070 (Examination); 201 KAR 28:121 (Repeal of 201 KAR 28:120); 201 KAR 28:130 (Supervision of occupational therapy assistants, occupational therapy aides, occupational therapy aides, occupational therapy students, and temporary permit holders); 201 KAR 28:140 (Unprofessional conduct and code of ethics); 201 KAR 28:180 (Temporary permits); 201 KAR 28:200 (Continuing competence);201 KAR 29:050 (Continuing education requirements); 902 KAR 20:008 (License procedures and fee schedule); 906 KAR 1:140 (Validation and complaint investigation procedures for deemed hospitals); 921 KAR 2:491 (Repeal of 921 KAR 2:490); and 921 KAR 3:045 (Issuance procedures) to Health and Welfare; 503 KAR 1:170 (Career Development Program); 503 KAR 3:050 & E (Telecommunications Academy: graduation requirements; records); 503 KAR 3:070 & E (Telecommunications Academy (non-CJIS)); 505 KAR 1:010 (Definitions); 505 KAR 1:050 (Local juvenile delinquency prevention councils: formation procedure); 505 KAR 1:060 (Local juvenile delinquency prevention councils: operation and duties); 505 KAR 1:070 (Local juvenile delinquency prevention councils: Community Juvenile Justice Partnership Grant Program); 505 KAR 1:110 (Department of Juvenile Justice Policies and Procedures Manual: program services); and 505 KAR 1:120 (Department of Juvenile Justice Policies and Procedures Manual: health and safety services) to Judiciary; 803 KAR 25:010 & E (Procedure for adjustments of claims); 803 KAR 25:125 & E (Computation of attorney fee in award of retraining incentive benefits pursuant to KRS 342.732(1)(a) and interim attorney fee motions) to Labor and Industry; 201 KAR 1:190 (Computer based examination sections, applications, and procedures); 804 KAR 1:131 (Repeal of 804 KAR 1:130); 804 KAR 4:081 (Repeal of 804 KAR 4:080, 804 KAR 4:090, 804 KAR 4:120, 804 KAR 4:245, 804 KAR 4:320); and 804 KAR 7:041 (Repeal of 804 KAR 7:045) to Licensing and Occupations.
C. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum requesting the appointment of Representative Jon David Reinhardt to the Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs Committee of the Interim Joint Committee on State Government.
D. From Senator Gary Tapp and Representative Denver Butler, Co-Chairs, Interim Joint Committee on Licensing and Occupations: Memorandum requesting that the committee be allowed to meet on November 21 rather than its regularly scheduled meeting date of November 14. There is a conflict for three members.
E. From Senator Ernie Harris, Representative Roger Thomas, and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting approval to meet on October 9, in addition to their regularly scheduled meeting date of October 8. There are no apparent conflicts.
F. From Senator Virgil Moore and Representative Hubert Collins, Co-Chairs, Interim Joint Committee on Transportation: Memorandum requesting approval to meet on November 17 rather than its regularly scheduled meeting day of November 4 (election day). There are no apparent conflicts.
G. From Representative Larry Clark, Representative Scott Brinkman, and Representative Joni Jenkins: Memorandum requesting approval, pursuant to KRS 6.747(2), for prepaid out-of-state travel on October 30 and 31 to Winston-Salem, North Carolina for the purpose of visiting the Piedmont Research Park at the request of the Louisville Medical Center Development Corporation.
H. From Senator Albert Robinson and Representative Perry Clark, Co-Chairs; Capital Planning Advisory Board: Memorandum requesting to meet on October 24, in addition to its meeting date of October 9, to complete the 2004-2010 Statewide Capital Improvements Plan. There are no apparent conflicts.
I. From Senator Albert Robinson and Representative Charles Geveden, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting that the Subcommittee on Public Employee Benefits of the Interim Joint Committee on State Government be allowed to meet on October 13, October 21, and November 17, in order to complete deliberations prior to the 2004 session. There are no apparent conflicts for subcommittee members on October 13 and November 17. There are three potential conflicts for subcommittee members on October 21.
A. From the Secretary for Health Services: Cabinet for Health Services annual report regarding federally licensed blood establishments in Kentucky, to Health and Welfare.
B. From the Secretary for Health Services: Charitable Health Provider Report, to Health and Welfare.
C. From the Revenue Cabinet: Letter reporting findings regarding insurance premium surcharges, to Banking and Insurance and Appropriations and Revenue.
D. From the Kentucky Council on Postsecondary Education: Information provided to state universities and colleges on how to prevent the transmission of the human immunodeficiency virus (HIV), to Education.
E. From the Office of Attorney General: Report of constitutional challenges received during the month of July 2003, to Judiciary.
F. From the Personnel Cabinet: Annual Report 2002-2003, to State Government and Appropriations and Revenue.
G. From the Auditor of Public Accounts: Kentucky’s DUI Program September 2003–Performance Audit, to Judiciary.
H. From the University of Kentucky Tobacco Research & Development Center: Quarterly Report April 1–June 30, 2003, to Agriculture and Natural Resources.
I. From the Collaborative Center for Literacy Development: 2002-2003 Annual Report, to Education.
J. From the University of Kentucky: Capital Construction Report Fiscal Year 2002-2003, to Appropriations and Revenue.
K. From the Kentucky Department of Education: Report on the Early Reading Incentive Grant Program, to Education.
L. From the Finance and Administration Cabinet, Office of the Comptroller: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Fund Programs Surtax Receipt Schedule for the months of July and August 2003, to Appropriations and Revenue and Local Government.
M. From the Cabinet for Economic Development, Department of Financial Incentives: Kentucky Enterprise Zone Authority Annual Report, to Economic Development and Tourism and Appropriations and Revenue.
N. From the Kentucky Teachers’ Retirement System: Annual Report 2002, to Appropriations and Revenue and Education.
O. From the Kentucky Teachers’ Retirement System: Annual reports outlining financial and investment activities, to Appropriations and Revenue and Education.
P. From the Kentucky Teachers’ Retirement System: Letter reporting activities during the 2002-03 fiscal year in making in-state investments, to Appropriations and Revenue and Education.
Q. From the Department of Alcoholic Beverage Control: 2001-2002 Annual Report, to Licensing and Occupations.
R. From the University of Kentucky: Kentucky Interagency Groundwater Monitoring Network Annual Report 2002-2003, to Agriculture and Natural Resources.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Norman Edwin Farris.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Paul W. Richardson.
C. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Philip “Joe” Clarke, Jr.
D. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Charlie McGinnis.
Senator Williams called for a motion to adopt a resolution which was handed out, relating to space allocated to the General Assembly and the Legislative Research Commission in the Capital Annex. Representative Clark expressed his concerns regarding the budget crisis and for that reason, stated he could not support the resolution. A motion was made by Senator Roeding and seconded by Senator Worley to adopt the resolution. A roll call vote was taken and the motion passed with 13 yeas and 1 nay. The following resolution was adopted.
A RESOLUTION relating to space allocated to the General Assembly and the Legislative Research Commission in the Capitol Annex.
WHEREAS, KRS 56.463(4)(b) allocates space in the New State Capitol Annex for the use of the legislative branch, and authorizes the Legislative Research Commission to determine the space needs of the legislative branch and the dates of occupancy of such space by the legislative branch;
NOW, THEREFORE,
Be it resolved by the Legislative Research Commission of the General Assembly of the Commonwealth of Kentucky:
Section 1. The legislative branch shall occupy the following additional space on the first floor of the Capitol Annex: Going west from the center (north/south) hallway on the first floor, all space (approximately 15,744 square feet) north and south of the east/west hallway, to and including the eighth pilaster, except the elevators, public restrooms, and mechanical maintenance areas. The occupancy of the space described in this section shall be effective on December 1, 2003, except occupancy of the first floor space currently occupied by the Auditor of Public Accounts shall be effective on January 5, 2004.
Section 2. The legislative branch shall occupy the following additional space in the basement of the Capitol Annex: In the east/west hallway, west of the center (north/south) hallway in the basement, approximately 2,248 square feet in the area between the LRC Computer Room and the Mechanical Room (Room 079), and which is currently referred to as Rooms 069, 071, 073, 075. The occupancy of the space described in this section shall be effective on December 1, 2003.
Section 3. The legislative branch shall occupy the following additional space on the second, third, and fourth floors of the Capitol Annex: Going west from the center (north/south) hallway on each floor, all space (approximately 11,648 square feet on each floor) north and south of the east/west hallway, to and including the ninth pilaster, except the elevators, public restrooms, and mechanical maintenance areas. The occupancy of the space described in this section shall be effective on December 15, 2003.
Section 4. A copy of this resolution shall be transmitted to Mr. Gordon C. Duke, Secretary of the Finance and Administration Cabinet, Capitol Annex, Room 383, Frankfort, KY 40601.
There being no further business, the meeting was adjourned at 2:00 p.m.