The 510th meeting of the Legislative Research Commission was held on Wednesday, July 7, 2004, 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, Dan Kelly, Richard Roeding, Elizabeth Tori, and Johnny Ray Turner; Representatives Jim Callahan, Larry Clark, Bob DeWeese, Jeffrey Hoover, and Ken Upchurch.
LRC Staff: Bobby Sherman and Diana Hill.
Representative Jody Richards called the meeting to order and asked the secretary to call the roll. There being a quorum present, Representative Richards then asked for a motion to approve the minutes of the June 2, 2004, meeting; accept items A. through D. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated, and approve items C. through K. under New Business; accept and refer as indicated, items A. through V. under Communications; and approve Resolutions A. through B. and three handout resolutions, in memory and honor of Sen. Paul Herron, Jr.; Robert B. Collins, Betty Roeding Collins, James Amann, and Guthrie Minor Wilson II. A motion was made by Senator Williams and seconded by Representative Clark. A roll call vote was taken and the motion passed unanimously. The following items were approved, accepted, or referred:
A. Information requests for June 2004.
B. Committee activity report for June 2004.
C. Committee review of Executive Reorganization Orders 2004-481, 2004-561, and 2004-616 by the Interim Joint Committee on State Government.
D. Committee review of the FY 2005 Low Income Home Energy Assistance Program Block Grant Application by the Special Subcommittee on Energy.
A. Referral of prefiled bills to the following committees: BR 17 (A CONCURRENT RESOLUTION confirming the appointment of Rodney Dick to the Kentucky Agricultural Development Board) and BR 18 (A CONCURRENT RESOLUTION confirming the appointment of H.H. Barlow to the Kentucky Agricultural Development Board) to Agriculture and Natural Resources; BR 41 (relating to off-duty employees of the Department of Parks) to State Government.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 301 KAR 1:130 (Live bait for personal use); 301 KAR 1:171 (Grass carp supplier requirements); 301 KAR 1:400 (Assessing fish kill damages); 301 KAR 2:049 (Small game and furbearer hunting on public areas); 301 KAR 2:081 (Transportation and holding of native wildlife); 301 KAR 3:029 (Repeal of 301 KAR 3:028, Applying for disability hunting and fishing exemption); 301 KAR 5:010 (License agent selection criteria); 301 KAR 5:020 (License agent requirements and responsibilities); 301 KAR 5:030 (Purchasing licenses and obtaining replacement licenses); 301 KAR 5:050 (Purchasing licenses electronically); 401 KAR 51:001 (Definitions for 401 KAR Chapter 51); 401 KAR 51:017 (Prevention of significant deterioration of air quality); and 401 KAR 51:052 (Review of new sources in or impacting upon nonattainment areas) to Agriculture and Natural Resources; 11 KAR 5:034 (CAP grant student eligibility); 11 KAR 18:010 (Robert C. Byrd Honors Scholarship Program); 16 KAR 2:010 (Kentucky teaching certificates); 16 KAR 4:020 (Certification requirements for teachers of exceptional children); 16 KAR 6:010 (Written examination prerequisites for teacher certification); 16 KAR 8:030 (Continuing education option for certificate renewal and rank change); 702 KAR 7:065 (Designation of agent to manage high school interscholastic athletics); and 702 KAR 7:125 (Pupil attendance) to Education; 921 KAR 2:500 (Family Alternatives Diversion or "FAD") and 922 KAR 1:310 (Standards for child-placing agencies) to Health and Welfare; 502 KAR 45:025 (Disqualification); 503 KAR 1:160 (Department of Criminal Justice Training - Kentucky Police Corps basic training: graduation requirements; records); 503 KAR 3:010 (Basic law enforcement training course recruit conduct requirements; procedures and penalties); 503 KAR 3:020 (Law enforcement training course trainee requirements; misconduct; penalties; discipline procedures); 503 KAR 3:040 (Telecommunications academy trainee requirements; misconduct; penalties; discipline procedures) and 503 KAR 3:100 (Department of Criminal Justice Training - Kentucky Police Corps basic training course cadet conduct requirements; procedures and penalties) to Judiciary; 201 KAR 1:041 (Repeal of 201 KAR 1:040, 201 KAR 1:045 and 201 KAR 1:130); 201 KAR 12:250 (School equipment for esthetics course); 201 KAR 12:260 (License fees, examination fees, renewal fees, restoration fees and miscellaneous fees); 201 KAR 15:120 (Requirements for applicants holding a license in another state); 201 KAR 42:020 & E. (Fees); and 201 KAR 42:035 & E. (application process and curriculum requirements) to Licensing and Occupations; and 815 KAR 7:125 (Kentucky Residential Code/2002); 815 KAR 10:060 (Kentucky Standards of Safety); 815 KAR 20:020 (Parts or materials list); 815 KAR 20:090 (Soil, waste and vent systems); 815 KAR 20:110 (Traps and clean-outs); 815 KAR 20:191 (Minimum fixture requirements); and 815 KAR 20:195 (Medical gas piping installations) to Local Government.
C. From President David L. Williams and Speaker Jody Richards: Memorandum reflecting a correction to the LRC referral on June 2, of administrative regulation 922 KAR 1:310 (Standards for child-placing agencies).
D. From Senator Lindy Casebier and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting an additional meeting on August 25 in Louisville, in addition to the regularly scheduled meeting date of August 9, for the Interim Joint Committee on Education and its Subcommittee on Elementary and Secondary Education. There would be a conflict for eight members.
E. From Senator Gary Tapp and Representative Denver Butler, Co-Chairs, Interim Joint Committee on Licensing and Occupations: Memorandum requesting approval for the Interim Joint Committee on Licensing and Occupations to meet on August 27 rather than the previously approved special meeting date of August 6, due to a conflict with the Southern Legislative Conference annual meeting. There are no apparent conflicts.
F. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting approval for the Interim Joint Committee on Health and Welfare to meet on July 8 and August 24, rather than the regularly scheduled monthly meeting day for those months due to conflicts with the Southern Legislative Conference and the National Conference on State Legislatures annual meetings. There are no apparent conflicts. Approval of the appointment of members and co-chairs to the Subcommittee on Families and Children is also requested.
G. From Senator Ernie Harris, Representative Roger Thomas, and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting approval for the Interim Joint Committee on Agriculture and Natural Resources to meet on August 26 in conjunction with the Kentucky State Fair Board, rather than the regular monthly meeting date of August 11. There are no apparent conflicts.
H. From Senator Katie Stine and Representative Eddie Ballard, Co-Chairs, Interim Joint Committee on Economic Development and Tourism: Memorandum requesting approval for the Interim Joint Committee on Economic Development and Tourism to meet in Louisville on August 25, rather than the regular monthly meeting date of August 19.
I. From Senator Alice Forgy Kerr and Representative Steve Riggs, Co-Chairs, Interim Joint Committee on Local Government: Memorandum requesting approval for the Interim Joint Committee on Local Government to meet on July 15, rather than the regular monthly meeting date of July 28. There would be a conflict for four members.
J. From Senate President David L. Williams and Representative Jody Richards: Memorandum approving a request from the Co-Chairs of the Education Assessment and Accountability Review Subcommittee for the issuance of RFPs toward the execution of personal service contracts between the Commission and consultants or consulting firms to assist the Office of Education Accountability in fulfilling the directives within 2004 SJR 156.
K. From Bobby Sherman: Memorandum transmitting a request from Senator Alice Kerr and Representative Charles Geveden, Co-Chairs, Interim Joint Committee on State Government, and Senator Alice Kerr and Representative Adrian Arnold, Co-Chairs, Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs, for a new regular monthly meeting day for the task force, falling on the fourth Tuesday of each month.
A. From the Finance and Administration Cabinet: Monthly Investment Income Report for May 2004, to Appropriations and Revenue.
B. From the Finance and Administration Cabinet, Office of the Comptroller: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Programs year-to-date activity for the period July 1, 2003, through April 30, 2004, to Appropriations and Revenue and Local Government.
C. From the Office of the Attorney General: Constitutional challenges for the months of April 2004, April 2004 (supplemental), and May 2004, to Judiciary.
D. From the Auditor of Public Accounts: Letter in Reference to the Revenue Cabinet, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003, to Appropriations and Revenue.
E. From the Auditor of Public Accounts: Letter in Reference to the Cabinet for Families and Children, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003, to Appropriations and Revenue and Health and Welfare.
F. From the Auditor of Public Accounts: Letter in Reference to the Department for Local Government, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003, to Appropriations and Revenue and Local Government.
G. From the Auditor of Public Accounts: Letter in Reference to the Department of Education, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003, to Appropriations and Revenue and Education.
H. From the Auditor of Public Accounts: Letter in Reference to the Justice Cabinet, Office of the Secretary, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003, to Appropriations and Revenue and Judiciary.
I. From the Auditor of Public Accounts: Letter in Reference to the Department of Military Affairs, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003, to Appropriations and Revenue and Seniors, Veterans, Military Affairs, and Public Protection.
J. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-Upon Procedures to the Kentucky Racing Commission, to Appropriations and Revenue and Licensing and Occupations.
K. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Valley Educational Cooperative for the Fiscal Year Ended June 30, 2003, to Appropriations and Revenue and Education.
L. From the Public Service Commission: Biennial Report July 1, 2001, through June 30, 2003, to Energy.
M. From the Kentucky Employers’ Mutual Insurance: 2003 Annual Report, to Appropriations and Revenue and Labor and Industry.
N. From the Auditor of Public Accounts: Report on Compliance with Civil Rights Laws Including Agency Title VI Implementation Plans, Updates, and Compliance Reports for the Fiscal Year Ended June 30, 2003, to Appropriations and Revenue and State Government.
O. From the Auditor of Public Accounts: Report of the Audit of the West Kentucky Educational Cooperative for the Fiscal Year Ended June 30, 2003, to Appropriations and Revenue and Education.
P. From the Auditor of Public Accounts: Report of the Audit of the Lease Law Compliance for the Fiscal Years Ended June 30, 2002 and 2003, to Appropriations and Revenue and State Government.
Q. From the Auditor of Public Accounts: Letter in Reference to the Cabinet for Health Services, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003, to Appropriations and Revenue and Health and Welfare.
R. From the Auditor of Public Accounts: Letter in Reference to the Transportation Cabinet, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003; to Appropriations and Revenue and Transportation.
S. From the Auditor of Public Accounts: Letter in Reference to the Office of the Kentucky State Treasurer, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003, to Appropriations and Revenue and State Government.
T. From the Auditor of Public Accounts: Letter in Reference to the Department of Personnel, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003, to Appropriations and Revenue and State Government.
U. From the Auditor of Public Accounts: Letter in Reference to the Cabinet for Workforce Development, Statewide Single Audit of the Commonwealth of Kentucky for the Year Ended June 30, 2003, to Appropriations and Revenue, Education, and Labor and Industry.
V. From the Kentucky Commission on the Deaf and Hard of Hearing: TDD Distribution Program Annual Report for the Fiscal Year 2003-2004, to Energy and State Government.
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Senator Paul Herron, Jr.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Robert B. Collins.
Representative Richards asked if there was any other business before the Commission. Senator Kelly asked Representative Richards when the House budget bill proposal would be available. Representative Richards said that the proposal should be ready within the next couple of days. Senator Williams asked Representative Richards if he was going to participate in the ongoing litigation process regarding the budget, and stressed that he felt it was important that the House and Senate participate to preserve separation of powers. Representative Richards said he did plan to participate.
There being no further business, the meeting was adjourned at 1:40 p.m.