The 511th meeting of the Legislative Research Commission was held on Wednesday, October 6, 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 Charlie Borders, Bob Jackson, Richard Roeding, Elizabeth Tori, Johnny Ray Turner, and Ed Worley; Representatives Rocky Adkins, Joe Barrows, Jim Callahan, Larry Clark, Bob DeWeese, Jeffrey Hoover, and Ken Upchurch.
LRC Staff: Bobby Sherman and Diana Hill.
Senator David 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 July 7, 2004, meeting; accept items A. through Q. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated, and approve items C. through L. under New Business; accept and refer as indicated items A. through AA. under Communications; and approve Resolutions A. through C. A motion was made by Representative Richards and seconded by Senator Tori. A roll call vote was taken and the motion passed unanimously. The following items were approved, accepted, or referred:
STAFF AND COMMITTEE REPORTS
A. Information requests for July and August 2004.
B. Committee activity report for July, August, and September, 2004.
C. Reports of the Administrative Regulation Review Subcommittee meetings of July 13, August 10, and September 14, 2004.
D. Committee reviews of administrative regulations by the Interim Joint Committee on Agriculture and Natural Resources during its meetings of July 14, August 26, and September 8, 2004, and the Interim Joint Committee on Health and Welfare during its meetings of August 24 and September 15, 2004.
E. Committee review of Executive Reorganization Order 2004-724 reorganizing the Transportation Cabinet by the Interim Joint Committee on Transportation during its meeting of August 3, 2004.
F. Committee review of Executive Reorganization Order 2004-725 reorganizing the Workforce Development Cabinet; Education, Arts and Humanities Cabinet; and Education Cabinet by the Interim Joint Committee on Education, during its meeting of August 9, 2004.
G. Committee review of Executive Reorganization Order 2004-530 abolishing the Office for Security Coordination and creating the Office of Homeland Security by the Interim Joint Committee on Seniors, Veterans, Military Affairs, and Public Protection, during its meeting of July 1, 2004.
H. Committee review of Executive Reorganization Order 2004-730, relating to the reorganization of the Justice and Public Safety Cabinet by the Interim Joint Committee on Judiciary, during its meeting of September 21, 2004.
I. Committee review of Executive Reorganization Order 2004-731 reorganizing the Natural Resources and Environmental Protection Cabinet, Labor Cabinet, and Pubic Protection and Regulation Cabinet and the creation of the Environmental and Public Protection Cabinet by the Interim Joint Committee on Agriculture and Natural Resources, during its meeting of September 8, 2004.
J. Committee review of Executive Reorganization Order 2004-994, relating to the reorganization of the Justice and Public Safety Cabinet Office of Drug Control Policy by the Interim Joint Committee on Judiciary, during its meeting of September 21, 2004.
K. Committee review of Executive Reorganization Order 2004-723, relating to reorganization of the Finance and Administration Cabinet by the Interim Joint Committee on State Government, during its meeting of September 22, 2004.
L. Committee review of Executive Reorganization Order 2004-728, relating to reorganization of the Governor’s Office, Personnel Department, and the Department of Local Government by the Interim Joint Committee on State Government, during its meeting of September 22, 2004.
M. Committee review of Executive Reorganization Order 2004-903, which reorganizes the Department of Personnel by the Interim Joint Committee on State Government, during its meeting of September 22, 2004.
N. Committee review of Executive Reorganization Order 2004-444, relating to the reorganization of the Cabinet for Health Services and the Cabinet for Families and Children by the Interim Joint Committee on Health and Welfare, during its meeting of July 8, 2004.
O. Committee review of Executive Reorganization Order 2004-727, transferring the single county coal fund from the Department of Regional Government, the Economic Development Partnership Board, and the Kentucky Economic Development Finance Authority to the Department for Local Government by the Interim Joint Committee on Local Government, during its meeting of September 22, 2004.
P. Committee review of FY 2005 Social Services Block Grant Application by the Interim Joint Committee on Health and Welfare, during its meeting of July 8, 2004.
Q. Committee review of FY 2005 Community Mental Health Services Block Grant Application by the Interim Joint Committee on Health and Welfare, during its meeting of August 24, 2004.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 19 (confirming the appointment of Donna M. Amburgey to the Kentucky Agricultural Development Board); and BR 67 (relating to animals) to Agriculture and Natural Resources; BR 63 (relating to delinquent property taxes); and BR 131 (relating to foster families) to Appropriations and Revenue; BR 49 (relating to the refund of unearned insurance premiums); BR 57 (relating to failure to maintain security on a motor vehicle as required by Subtitle 39 of KRS Chapter 304); and BR 92 (relating to insurance premium surcharges) to Banking and Insurance; BR 65 (relating to economic development and declaring an emergency) to Economic Development and Tourism); BR 50 (relating to the Kentucky educational excellence scholarship program and declaring an emergency) to Education; BR 7 (relating to breast cancer research, education, awareness, screening, treatment, and funding through a replacement checkoff program, and making an appropriation therefor); and BR 54 (relating to adopted and foster children) to Health and Welfare; BR 66 (relating to the protection of the public from sexual offenders); BR 71 (relating to criminal record expungement); BR 84 (relating to grand juries); and BR 93 (relating to the marriage of minors); to Judiciary; BR 2 (relating to political advertising); BR 6 (proposing an amendment to Section 42 of the Constitution of Kentucky relating to legislative sessions); BR 21 (relating to government contracts); BR 42 (relating to the regulation of elections and declaring an emergency); BR 80 (proposing an amendment to Section 42 of the Constitution of Kentucky relating to legislative sessions); BR 102 (relating to retirement); BR 110 (proposing an amendment to Sections 42 and 80 of the Constitution of Kentucky relating to the General Assembly); BR 176 (relating to employee benefits, making an appropriation therefor, and declaring an emergency); and BR 182 (relating to health insurance) to State Government; BR 82 (relating to the transportation of natural resources); BR 94 (relating to mobile infrared electronic transmitters); BR 128 (relating to graduated driver’s licenses for teenagers); and BR 136 (relating to special license plates) to Transportation.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 302 KAR 20:115 & E. (Vesicular stomatitis) to Agriculture and Natural Resources; 907 KAR 1:045 & E. (Payments for community mental health center services); 907 KAR 1:155 & E. (Payments for supports for community living services for an individual with mental retardation or a developmental disability); and 907 KAR 3:090 (Acquired brain injury services) to Appropriations and Revenue; 806 KAR 10:021 (Repeal of 806 KAR 10:020); 806 KAR 10:050 (Surplus lines affidavits); 806 KAR 17:180 & E. (Standard health benefit plan); 806 KAR 17:280 & E. (Registration, utilization review, and internal appeal); and 806 KAR 17:300 & E. (Provider agreement and risk-sharing agreement filing requirements) to Banking and Insurance; 11 KAR 17:010 (Definitions for 11 KAR Chapter 17); and 11 KAR 17:100 (Administrative fees) to Education; 201 KAR 28:090 (Renewals); 201 KAR 28:110 (Fees); 201 KAR 28:210 (Inactive status); 902 KAR 20:058 & E. (Operation and services; primary care center); and 908 KAR 3:050 & E (Per diem rate pursuant to KRS 210.710 to 210.760) to Health and Welfare; 502 KAR 20:020 (Examiners) to Judiciary; 201 KAR 30:040 (Standards of practice); and 201 KAR 30:060 (Fees administrative regulation) to Licensing and Occupations; 9 KAR 1:030 (Administrative Proceedings); 9 KAR 1:060 (Disbursements from charitable fund raisers); 105 KAR 1:020 & E. (Reciprocal program between CERS, KERS, SPRS, TRS, JRP and LRP); 105 KAR 1:140 & E. (Contribution reporting); 105 KAR 1:200 & E. (Retirement procedures and forms); 105 KAR 1:210 & E. (Disability procedures); 105 KAR 1:220 & E. (Annual disability review); 105 KAR 1:240 & E. (Death after retirement procedures); 105 KAR 1:310 & E. (Fred Capps Memorial Act); 105 KAR 1:330 & E. (Purchase of service credit); 200 KAR 5:021 & E. (Manual of policies and procedures); and 200 KAR 5:380 (Protests) to State Government.
C. From Bobby Sherman: Proposed prefiling deadlines for the 2005 Regular Session.
D. From Bobby Sherman: Proposed 2005 Regular Session Calendar.
E. From Senator Lindy Casebier and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting change in subcommittee assignment of Representative Hubert Collins from the Subcommittee on Postsecondary Education to the Subcommittee on Elementary and Secondary Education.
F. From Senator Lindy Casebier and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting change in subcommittee assignment of Representative Charles Siler from the Subcommittee on Elementary and Secondary Education to the Subcommittee on Postsecondary Education.
G. From Senator Ernie Harris, Representative Roger Thomas and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting that Senator Dorsey Ridley be assigned to the Subcommittee on Natural Resources.
H. From Senator Katie Stine and Representative Eddie Ballard, Co-Chairs, Interim Joint Committee on Economic Development and Tourism: Memorandum requesting approval of the appointment of members and co-chairs to the Task Force on Economic Development, a subcommittee of the Interim Joint Committee on Economic Development and Tourism.
I. From Senator Alice Forgy Kerr and Representative Charles Geveden, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting approval to meet on November 22 rather than its regular meeting date of November 24. There are no apparent conflicts.
J. From Bobby Sherman: Memorandum requesting appointment of Senator Dorsey Ridley to the interim joint committees on Agriculture and Natural Resources; Transportation; and Seniors, Veterans, Military Affairs, and Public Protection.
K. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum requesting approval of guidelines for the operation and use of the National Technical Advisory Panel on Assessment and Accountability.
L. From Senator Katie Stine and Representative Charlie Hoffman, Co-Chairs, Program Review and Investigations Committee; Senator Robert Stivers and Representative Gross Lindsay, Co-Chairs, Interim Joint Committee on Judiciary; Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting an alternate meeting day (October 19 rather than October 20) of the Interim Joint Committee on Health and Welfare for a joint meeting with the Program Review and Investigations Committee and the Interim Joint Committee on Judiciary relating to the Program Review and Investigations study on Elder Abuse.
COMMUNICATIONS
A. From the Kentucky Employers’ Mutual Insurance: Quarterly Statement as of June 30, 2004, to Appropriations and Revenue and Labor and Industry.
B. From the Office of the Secretary, Finance and Administration Cabinet: Letter stating no appropriation of state general funds will be required for the issuance of the Kentucky Economic Development Finance Authority (Kings Daughters Medical Center) Hospital Revenue Bonds, to Appropriations and Revenue and Economic Development and Tourism.
C. From the Department of Personnel: Turnover Rate in Excess of 15% for 2003, to State Government.
D. From the University of Kentucky: Kentucky Tobacco Research and Development Center Quarterly Report from April 1 through June 30, 2004, to Agriculture and Natural Resources.
E. From the Office of the Attorney General: Constitutional challenges received during the months of June and July 2004, to Judiciary.
F. From the Cabinet for Health and Family Services: Annual Child Fatality/Near Fatality Report, to Health and Welfare.
G. From the Cabinet for Health and Family Services: Annual report regarding federally licensed blood establishments in Kentucky, to Health and Welfare.
H. From the Kentucky Personnel Board: Annual Report for Fiscal Year 2004, to State Government.
I. From the Kentucky Employers’ Mutual Insurance: Statement of Assets, Liabilities, and Surplus; Statement of Income; and Statement of Solvency as of June 30, 2004, to Appropriations and Revenue and Labor and Industry.
J. From the Department of Education: Management response to the Auditor of Public Accounts’ report on the Statewide Single Audit of the Kentucky Department of Education, to Appropriations and Revenue and Education.
K. From the Kentucky Assistive Technology Loan Corporation: Annual Report 2003-2004, to Appropriations and Revenue and Health and Welfare.
L. From the Cabinet for Health and Family Services: Medicaid Fraud and Abuse Report for the Period July 1, 2003, through June 30, 2004, to Appropriations and Revenue and Health and Welfare.
M. From the Cabinet for Health and Family Services: FY 2004 Assisted Living Revenue and Expenditure Report, to Health and Welfare.
N. From the Finance and Administration Cabinet: Monthly investment income reports for June, July, and August, 2004, to Appropriations and Revenue.
O. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for the quarter ending June 30, 2004, to Appropriations and Revenue and Economic Development and Tourism.
P. From the Environmental and Public Protection Cabinet: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending June 30, 2004. (Staff suggested committee referrals: Appropriations and Revenue and Labor and Industry.
Q. From the Kentucky Judicial Form Retirement System: Operating Statement of the Judicial Retirement Fund and the Legislators Retirement Fund for Fiscal Year 2003-2004, to Appropriations and Revenue and State Government.
R. From the University of Kentucky: University of Kentucky Capital Construction Report for Fiscal Year 2003-2004, to Appropriations and Revenue.
S. From the Cabinet for Economic Development, Department of Financial Incentives: Kentucky Enterprise Zone Authority Annual Report for Fiscal Year 2003-2004, to Economic Development and Tourism.
T. From the Auditor of Public Accounts: Examination of the Commonwealth’s Procurement Card Program Processes, Procedures, and Financial Controls, to Appropriations and Revenue and State Government.
U. From the Finance and Administration Cabinet, Office of the Controller: Surtax Receipts for the Law Enforcement and Professional Firefighters Foundation Fund Programs for July and August 2004, to Appropriations and Revenue and Local Government.
V. From the Personnel Cabinet: Dual Employment Report for the quarter ending June 2004, to State Government.
W. From the Auditor of Public Accounts: Report on Drug Reimportation is a Viable Choice: Working Together to Reduce Kentucky’s Prescription Drug Costs, to Appropriations and Revenue, Health and Welfare, Banking and Insurance, and State Government.
X. From the Teachers’ Retirement System of Kentucky: Activities during the 2003-2004 fiscal year in making in-state investments, to Appropriations and Revenue, State Government, and Education.
Y. From the Teachers’ Retirement System of Kentucky: Annual Report for 2003-2004, to Government, and Education.
Z. From the Personnel Cabinet: 2004 Annual Report from the Kentucky Group Health Insurance Board, to Appropriations and Revenue and State Government.
AA. From John Schaaf, Legislative Ethics Commission: Memorandum regarding e-mailing of lobbyist and employer lists to members of the General Assembly.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Dr. James A. Schleuter.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of James Alden Watts.
C. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of William J. Bertke.
There being no further business to come before the Commission, the meeting was adjourned at 1:40 p.m.