The 506th meeting of the Legislative Research Commission was held on Wednesday, November 5, 2003, at 1:30 PM, in Room 327 of the Capitol. 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, Daniel Kelly, Richard Roeding, Elizabeth Tori, Johnny Ray Turner, and Ed Worley; Representatives Jim Callahan, Larry Clark, Bob DeWeese, Jeffrey Hoover, and Ken Upchurch.
Guest: Governor-Elect Ernie Fletcher.
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, Representative Richards called for a motion for the Commission to approve the minutes of the October 1, 2003 meeting; accept items A. through D. under Staff and Committee Reports; refer pre-filed bills as indicated, refer administrative regulations as indicated, and approve and refer as indicated items C. through H. under New Business; accept and refer as indicated items A. through CC. under Communications; and approve Resolutions A. through F. A motion was made by Senator Worley and seconded by Senator Roeding. 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 October 2003.
C. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare at its October 15, 2003, meeting.
D. Committee review of Executive Reorganization Order #2003-935 transferring the Kentucky Athletic Commission from the Finance and Administration Cabinet to the Public Protection Cabinet by the Interim Joint Committee on Licensing and Occupations at its October 10, 2003, meeting.
A. Referral of prefiled bills to the following committees: BR 305 (A Joint Resolution relating to vehicle emissions control testing); BR 332 (relating to the tobacco master settlement agreement); and BR 384 (relating to vehicle emissions control testing) to Agriculture and Natural Resources; BR 148 (relating to sales tax) to Appropriations and Revenue; BR 130 (relating to anaphylaxis reaction in schools); and BR 242 (relating to credit card solicitations) to Education; BR 87 (relating to telephone solicitation) to the Special Subcommittee on Energy; BR 76 (relating to continuing care retirement communities); BR 80 (relating to Medicaid oversight); BR 309 (relating to individuals with disabilities); and BR 413 (relating to the report on dispensing prescription medications) to Health and Welfare; BR 336 (relating to drug control); and BR 337 (relating to drug control) to Judiciary; BR 351 (relating to unsolicited electronic mail communications) to Labor and Industry; BR 91 (relating to industrial recruiters) and BR 237 (relating to the regulation of the use or consumption of tobacco and tobacco products) to Local Government; BR 411 (proposing an amendment to Section 77 of the Constitution of Kentucky, relating to the pardon power of the Governor); and BR 417 (A Concurrent Resolution urging the United States Supreme Court to overturn the United States Court of Appeals for 9th Circuit’s decision regarding the pledge of allegiance) to State Government; and BR 197 (A Joint Resolution naming the 1932 Yancey Mine Disaster Memorial Highway); BR 290 (relating to license plates); BR 359 (relating to traffic regulations) to Transportation.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 202 KAR 6:100 (PSAP Phase II certification.); and 301 KAR 3:022 (License, tag and permit fees) to Agriculture and Natural Resources; 907 KAR 1:155 & E. (Payments for supports for community living services for an individual with mental retardation or a developmental disability); 907 KAR 1:520 (Payments for targeted case management services for adults with chronic mental illness); 907 KAR 1:530 (Payments for targeted case management services for severely emotionally disturbed children); 907 KAR 1:604 & E. (Recipient cost-sharing); 907 KAR 1:655 & E. (Spousal impoverishment and nursing facility requirements for Medicaid); and 907 KAR 3:110 & E. (Community mental health center substance abuse services) to Appropriations and Revenue; 11 KAR 17:010 (Definitions for 11 KAR Chapter 17); 11 KAR 17:040 (Applying for a prepaid tuition contract); 11 KAR 17:050 (Prepaid tuition contract prices, payments, and default); 11 KAR 17:060 (Amendment of a prepaid tuition contract); 11 KAR 17:070 (Using prepaid tuition contract benefits); 11 KAR 17:080 (Terminating a prepaid tuition contract); 11 KAR 17:090 (Refunds and transfers); 11 KAR 17:100 (Administrative fees); 11 KAR 17:110 (Grievance procedure); 16 KAR 7:010 (Kentucky Teacher Internship Program); 20 KAR 2:011 (Repeal of 20 KAR 2:010, 20 KAR 2:040, 20 KAR 2:050, 20 KAR 2:060, 20 KAR 2:070, 20 KAR 2:080, 20 KAR 2:090, 20 KAR 2:100, and 20 KAR 2:110); and 780 KAR 3:080 (Extent and duration of school term, use of school days and extended employment) to Education; 201 KAR 9:350 (Expungement); 202 KAR 7:010 (Definitions); 202 KAR 7:020 (Board organization); 202 KAR 7:030 (Fees of the board); 202 KAR 7:055 (Advisory opinions); 202 KAR 7:201 (First responders); 202 KAR 7:301 (EMT); 202 KAR 7:401 (Paramedics); 202 KAR 7:462 (Repeal of 202 KAR 7:461) 202 KAR 7:501 (Ambulance providers and medical first response agencies); 202 KAR 7:510 (Air ambulance services); 202 KAR 7:601 (Training, education, and continuing education); 202 KAR 7:701 (Scope of practice matters); 202 KAR 7:801 (Medical directors); 902 KAR 45:070 (Body piercing); 902 KAR 45:090 & E. (Farmers markets); 920 KAR 1:060 (Protection of human subjects); and 922 KAR 2:100 (Certification of family child care homes) to Health and Welfare; 502 KAR 10:110 (Commercial driver's license skill testing) to Judiciary; 787 KAR 1:090 (Unemployed worker's reporting requirements); 803 KAR 2:304 (Exit routes, emergency action plans, and fire prevention plans); 803 KAR 2:307 (Hazardous materials); 803 KAR 2:311 (Fire protection); 803 KAR 2:317 (Special industries); and 803 KAR 2:320 (Air contaminants) to Labor and Industry; 40 KAR 2:161 (Repeal of 40 KAR 2:160, 40 KAR 2:170, 40 KAR 2:180, 40 KAR 2:190 and 40 KAR 2:260); 40 KAR 2:340 (Contact lens seller annual registration and verification requirements); 201 KAR 18:040 (Fees); 201 KAR 41:030 (Examination); 201 KAR 41:040 (Fees); and 810 KAR 1:027 (Entries, subscriptions, and declarations) to Licensing and Occupations; and 9 KAR 1:040 (Registration and expenditure statements; financial transactions and termination forms; handbook; and enforcement) to State Government;.
C. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum referring the Final Report of the Task Force on Prescription Drug Abuse to the Interim Joint Committee on Judiciary.
D. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum recommending appointments to fill vacancies on the Local Superintendents Advisory Council as follows: reappoint Mr. Stuart M. Silberman; appoint Mr. Lonnie Anderson; reappoint Dr. Stephen Daeschner; appoint Mr. Dallas Blankenship; reappoint Ms. Elizabeth Grause; appoint Mr. Stephen F. Jackson; reappoint Dr. Leon Mooneyhan; and appoint Mr. Dale Brown.
E. From Senator Charlie Borders and Representative Royce Adams, Co-Chairs, Task Force on Wildlife Conservation Funding: Memorandum requesting appointment of Mr. Jim Thompson to replace Mr. Roland Beers as the representative from the League of Kentucky Sportsmen on the Task Force.
F. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum designating Representative Eddie Ballard as House Co-Chair of the Interim Joint Committee on Economic Development and Tourism, replacing Representative Tom Kerr.
G. From Senator Richie Sanders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on November 25, a date other than the committee’s normal meeting date, which falls on November 27, Thanksgiving Day. There are no apparent conflicts.
H. From Bobby Sherman: Memorandum recommending referral of the Final Report of the Task Force on Inter-County Cooperation to the Interim Joint Committee on Local Government.
COMMUNICATIONS
A. From the Office of Financial Management: Monthly Investment Income Reports for August and September 2003, to Appropriations and Revenue.
B. From the University of Kentucky Tobacco Research and Development Center: Quarterly Report for July 1-September 30, 2003, to Agriculture and Natural Resources.
C. From the University of Kentucky: Management Review of the Center for Rural Health for fiscal year 2002-03, to Health and Welfare.
D. From the Office of the Attorney General: Constitutional challenges received for the month of August 2003, to Judiciary.
E. From the Secretary for Health Services: Submission of Kentucky’s Preventive Health and Health Services Block Grant, to Health and Welfare.
F. From the Cabinet for Economic Development: Loan data sheets for each loan approved as of the quarter ending March 31, 2003, to Economic Development and Tourism and Appropriations and Revenue.
G. From the Kentucky Board of Medical Licensure: Annual Report for Fiscal Year 2002-03, to Health and Welfare.
H. From the Secretary for Health Services: Commission on Services and Supports for Individuals with Mental Retardation and Other Developmental Disabilities Third Annual Status Report, to Health and Welfare.
I. From the Office for the New Economy, Cabinet for Economic Development: Kentucky Investment Fund Act Annual Report for the fiscal year beginning July 1, 2002 and ending June 30, 2003, to Economic Development and Tourism and Appropriations and Revenue.
J. From the Cabinet for Families and Children: Tuition Waiver for Foster and Adopted Children 6/31/01-9/30/03, to Health and Welfare.
K. From the Cabinet for Economic Development: Department for Regional Development’s Local Government Economic Development Fund Biennial Report, to Economic Development and Tourism and Appropriations and Revenue.
L. From the Finance and Administration Cabinet: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Fund Program for the month of September 2003, and year-to-date activity for the period July 1, 2003 through September 30, 2003, to Local Government and Appropriations and Revenue.
M. From the Revenue Cabinet: Kentucky Enterprise Zone Program Annual Report for Fiscal Year Ending June 30, 2003, to Economic Development and Tourism and Appropriation and Revenue.
N. From the Auditor of Public Accounts: SSI Application Fraud Detection Efforts, to Health and Welfare.
O. From the Kentucky Higher Education Student Loan Corporation: Single Audit Report and Financial Statements for the Fiscal Year Ending June 30, 2003, to Education and Appropriations and Revenue.
P. From the University of Kentucky: Financial Statements of the University of Kentucky and its affiliated corporations for the Fiscal Year ending June 30, 2003, to Education and Appropriations and Revenue.
Q. From the Secretary for Health Services: Third Annual Report of the Kentucky Commission on Services and Supports for Individuals with Mental Illness, Alcohol and Other Drug Abuse Disorders, and Dual Diagnosis, to Health and Welfare.
R. From the Department of Military Affairs: 2003 Annual Report “Readiness of the Commonwealth to Respond to Acts of War or Terrorism”; to Seniors, Veterans, Military Affairs, and Public Protection.
S. From the Office of the Attorney General: Child Support Enforcement Commission’s 2002 Annual Report, to Health and Welfare.
T. From the Personnel Cabinet: 2003 Annual Report from the Kentucky Group Health Insurance Board, to Banking and Insurance and State Government.
U. From the Auditor of Public Accounts: Examination of Governance and Funding of the Prestonsburg Recreation, Tourist, and Convention Commission, to Economic Development and Tourism and Appropriations and Revenue.
V. From the Personnel Cabinet: Dual Employment Report for the quarter ending September 2003, to State Government.
W. From the Labor Cabinet: Report of the Coal Workers’ Pneumoconiosis Fund, Quarter Ending September 30, 2003, to Labor and Industry and Appropriations and Revenue.
X. From the Department of Workers’ Claims: Quarterly Activity Report July-September 2003, to Labor and Industry.
Y. From the Kentucky Higher Education Assistance Authority: Actuarial Valuation of Kentucky’s Affordable Prepaid Tuition Plan – June 30, 2003, to Education and Appropriations and Revenue.
Z. From the Cabinet for Economic Development: Bluegrass State Skills Corporation Annual Report, to Economic Development and Tourism.
AA. From the Department of Financial Institutions: Individual Development Accounts Feasibility Study 2003, to Banking and Insurance.
BB. From the Kentucky’s Small Business Development Centers: Annual Report 2002-2003, to Economic Development and Tourism.
CC. From the Secretary for Health Services: Report required under KRS 205.561 on the dispensing of prescription medication, to Health and Welfare.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Dr. Willys Braun.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of John Stanley Hoffman Jr.
C. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Stephen C. Bloyd.
D. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Pfc. James E. Powell.
E. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Edward T. “Ned” Breathitt.
F. A RESOLUTION adjourning the Legislative Research Commission in memory of Dickie Luttenton.
Senator Williams asked that the Commission recess for the arrival of a special guest, Governor-Elect Ernie Fletcher. Representative Richards recessed the meeting. Senator Williams then requested that the Commission come back to order to bring attention to the Resolution adjourning the Commission in loving memory and honor of Edward T. “Ned” Breathitt. Senator Williams said Ned Breathitt had a great love for Kentucky and was respected by Republicans and Democrats alike. Representative Richards also mentioned the Resolution adjourning the Commission in loving memory and honor of John Stanley Hoffman, a former member of the House of Representatives from Henderson County.
Representative Richards called the meeting back to order and recognized Senator Williams, who introduced Governor-Elect Fletcher. Mr. Fletcher thanked members for the opportunity to come before the Commission, and said he looked forward to working with the Commission and the Legislature in the future to address a magnitude of challenges in order to move the state forward.
There being no further business, the meeting was adjourned at 2:00.