The 509th meeting of the Legislative Research Commission was held on Wednesday, June 2, 2004, 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 Dan Kelly, Richard Roeding, Elizabeth Tori, Johnny Ray Turner, and Ed Worley; Representatives Rocky Adkins, Joe Barrows, Jim Callahan, Larry Clark, Bob DeWeese, and Ken Upchurch.
LRC Staff: Bobby Sherman and Diana Hill.
Senator Williams called the meeting to order and asked the secretary to call the roll. There being a quorum present, Senator Richards then asked for a motion to approve the minutes of the February 3, 2004, meeting; accept Items A. through B. under Staff and Committee Reports; refer administrative regulations as indicated, and approve items B. through M. under New Business; accept and refer as indicated items A. through CC. under Communications; and approve Resolutions A. and B.
Senator Kelly paid special recognition to the Resolution adjourning the Legislative Research Commission in loving memory and honor of Eben Henson, which had been requested by Senator Buford.
The motion to approve and accept the agenda was then made by Speaker Richards and seconded by Senator Roeding. A roll call vote was taken and the motion passed unanimously. The following items were approved or accepted:
A. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 201 KAR 28:130 (Supervision of occupational therapy assistants, occupational therapy aides, occupational therapy students, and temporary permit holders); 922 KAR 1:050 (Approval of adoption assistance); 922 KAR 1:310 (Standards for child-placing agencies); 922 KAR 1:320 (Services appeals); 922 KAR 1:330 (Child protective services); 922 KAR 1:350 (Family preparation); and 922 KAR 1:480 (Appeal of child abuse and neglect investigative findings) to Health and Welfare; 501 KAR 6:040 (Kentucky State Penitentiary); 501 KAR 6:090 (Frankfort Career Development Center); 502 KAR 5:011 (Repeal of 502 KAR 5:010); 502 KAR 15:010 (Accident Reports); 502 KAR 30:060 (Dissemination of criminal history record information); and 502 KAR 45:115 (Appeals) to Judiciary; 31 KAR 3:010 (Current address of Kentucky registered voters and distribution of voter registration lists); and 200 KAR 3:045 (Monthly meal charges at mansions) to State Government; 600 KAR 4:010 (Certification of disadvantaged, minority and women business enterprises); 600 KAR 4:021 (Repeal of 600 KAR 4:020, the Disadvantaged, Minority and Women Business Enterprise Program); and 605 KAR 1:060 (Temporary off-site sale or display event) to Transportation.
B. From Senator Gary Tapp and Representative Denver Butler, Co-Chairs, Interim Joint Committee on Licensing and Occupations: Memorandum requesting approval to meet on August 6, rather than the regularly scheduled meeting date of August 13, in order to allow members to attend the Southern Legislative Conference. There are no conflicts with other meetings.
C. From Senator Tom Buford and Representative James Bruce, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meet on September 13, rather than the regularly scheduled meeting date of September 28, at the Northern Kentucky Convention Center in Covington in order to attend the Kentucky Bankers’ Association convention. There are no conflicts with other meetings.
D. From Senator Virgil Moore and Representative Hubert Collins, Co-Chairs, Interim Joint Committee on Transportation: Memorandum requesting approval to meet on June 21, rather than the regularly scheduled meeting date of June 1, due to a scheduling conflict of the Senate Co-Chair. There are no conflicts with other meetings.
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 of three subcommittees, membership, and co-chairs.
F. From Senator Lindy Casebier and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting to change the regularly scheduled monthly meeting date from the first Monday of the month to the second Monday of the month, due to scheduling conflicts.
G. From Senator Lindy Casebier and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting approval of two subcommittees, membership, and co-chairs.
H. From Bobby Sherman: Memorandum requesting adjustment of the “owned, leased, or rented” interim reimbursement rate.
I. From Bobby Sherman: Memorandum requesting reappointment of Lloyd Clapp to the Legislative Ethics Commission.
J. From Bobby Sherman: Memorandum requesting appointment of Senator Alice Kerr as acting co-chair of the Interim Joint Committees on Local Government and Sate Government.
K. From Tom Willis, Interim Staff Coordinator, Office for Budget Review: Memorandum requesting approval and issuance of the 2004-2006 Final Budget Memorandum for Judicial Branch Budget Bill (HB 396) and the Legislative Branch Budget Bill (HB 397), pursuant to KRS 48.300. (Copies of budget memoranda available upon request.)
L. From Senator Lindy Casebier and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting approval for an extension of time to complete the study of the teacher and principal internship programs required by HB 402 (2002) through the end of the 2004 interim.
M. From Senator Robert Stivers and Representative Tanya Pullin, Co-Chairs of the Special Subcommittee on Energy: Memorandum requesting the appointment of Representative Rick Nelson and Representative Brandon Smith to the Special Subcommittee on Energy.
COMMUNICATIONS
A. From the Department of Revenue: County Real Estate Exemption List, pursuant to KRS 132.220(6), to Appropriations and Revenue.
B. From the Teachers’ Retirement System: 63rd Annual Report of the Kentucky Teachers’ Retirement System for the fiscal year ending June 30, 2003. (Staff suggested committee referrals to Appropriations and Revenue and Education.
C. From the Environmental and Public Protection Cabinet: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending March 31, 2004, to Appropriations and Revenue and Labor and Industry.
D. From the Cabinet for Economic Development: Loan data sheets for each loan approved as of the quarter ending March 31, 2004, to Appropriations and Revenue and Economic Development and Tourism.
E. From the Office of Workers’ Claims: Quarterly Activity Reports, October to December 2003, and January to March 2004, to Labor and Industry.
F. From the Department of Personnel: Dual Employment Report for the quarter ending March 2004, to State Government.
G. From the Kentucky Tobacco Research & Development Center: Quarterly Report, January 1 to March 30, 2004, to Agriculture and Natural Resources.
H. From the Public Protection and Regulation Cabinet, Department of Alcoholic Beverage Control Annual Report 2002-2003, to Licensing and Occupations.
I. From the Office of Financial Management: Monthly Investment Income Reports for December 2003 to April 2004; to Appropriations and Revenue.
J. From the Office of the Attorney General: Constitutional Challenge Reports for December 2003 to March 2004, to Judiciary.
K. From the Cabinet for Health and Family Services: Title V Maternal and Child Health Block Grant summary materials and transmittal, to Health and Welfare.
L. From the Auditor of Public Accounts: Report of the Audit of the Northern Kentucky Convention Center Corporation for the Fiscal Years Ending June 30, 2002 and June 30, 2003, to Appropriations and Revenue and Economic Development and Tourism.
M. From the Auditor of Public Accounts: Examination of Selected Expenditures of the University of Louisville Foundation, Inc., to Appropriations and Revenue and Education.
N. From the Auditor of Public Accounts: Report of the Statewide Single Audit of the Commonwealth of Kentucky for the Fiscal Year Ending June 30, 2003, to Appropriations and Revenue.
O. From the Auditor of Public Accounts: Report of the Audit of the Ohio Valley Education Cooperative for the Fiscal Year ending June 30, 2003, to Appropriations and Revenue and Education.
P. From the Auditor of Public Accounts: Report of the Audit of the Green River Educational Cooperative, Inc., for the Fiscal Year Ending June 30, 2003, to Appropriations and Revenue and Education.
Q. From the Auditor of Public Accounts: Report of the Audit of the Badgett Regional Cooperative for Educational Enhancement, Inc., for the Fiscal Year Ending June 30, 2003, to Appropriations and Revenue and Education.
R. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Educational Development Corporation for the Fiscal Year Ending June 30, 2003, to Appropriations and Revenue and Education.
S. From the Auditor of Public Accounts: Report of the Audit of the Northern Kentucky Cooperative for Educational Services, Inc., for the Fiscal Year Ending June 30, 2003, to Appropriations and Revenue and Education.
T. From the Auditor of Public Accounts: Report of the Audit of the Central Kentucky Education Cooperative for the Fiscal Year Ending June 30, 2003, to Appropriations and Revenue and Education.
U. From the Justice and Public Safety Cabinet: Submission of application to the U.S. Department of Justice, Bureau of Justice Assistance, for 2004 funding, to Appropriations and Revenue and Judiciary.
V. From the Kentucky Higher Education Assistance Authority and Kentucky Higher Education Student Loan Corporation: 2003 Annual Report, to Appropriations and Revenue and Education.
W. From the Environmental and Public Protection Cabinet: 2004 Inventory of Facilities Eligible for Reimbursement from the Petroleum Storage Tanks Environmental Assurance Fund, to Agriculture and Natural Resources.
X. From the Kentucky Spinal Cord and Head Injury Research Board: 2003 Annual Report, to Health and Welfare.
Y. From the University of Kentucky, Kentucky Transportation Center: 2003 Annual Report, to Transportation.
Z. From Eastern Kentucky University: Audited financial report for fiscal year ending June 30, 2003, to Appropriations and Revenue and Education.
AA. From Kentucky Employers’ Mutual Insurance: Statement of Assets, Liabilities, and Surplus as of March 31, 2004, to Appropriations and Revenue and Labor and Industry.
BB. From Kentucky Employers’ Mutual Insurance: Annual Statement and Letter of Actuarial Opinion for 2003, to Appropriations and Revenue and Labor and Industry.
CC. From Kentucky Employers’ Mutual Insurance: Quarterly Statement as of March 31, 2004, to Appropriations and Revenue and Labor and Industry.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Eben Henson.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of John Minor Griggs.
There being no further business, the meeting was adjourned at 2:10.