The 512th meeting of the Legislative Research Commission was held on Wednesday, December 1, 2004, at 4:00 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 Rocky Adkins, Joe Barrows, Jim Callahan, Larry Clark, Bob DeWeese, Jeffrey Hoover, and Ken Upchurch.
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 to approve the minutes of the October 6, 2004, meeting; accept items A. through D. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated, and approve item C. under New Business; accept and refer as indicated items A. through FF. under Communications; and approve Resolution A. A motion was made by Senator Williams and seconded by Senator Roeding. 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 October and November 2004.
B. Committee activity report for October and November 2004.
C. Reports of the Administrative Regulation Review Subcommittee meetings of October 12 and November 9, 2004.
D. Committee reviews of administrative regulations by the Interim Joint Committee on Agriculture and Natural Resources during its meeting of November 10, 2004; the Interim Joint Committee on Health and Welfare during its meetings of October 19 and November 17, 2004; and the Interim Joint Committee on State Government during its meeting of November 22, 2004.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 124 (relating to occupational license fees and taxes); BR 129 (relating to revenue and taxation, and making an appropriation therefor, and declaring an emergency; and BR 193 (relating to revenue and taxation) to Appropriations and Revenue; BR 49 (relating to the refund of unearned insurance premiums) to Banking and Insurance; BR 10 (relating to postsecondary institution debt); BR 109 (relating to the Kentucky Educational excellence scholarship); BR 162 (relating to the closure of schools for elections); BR 179 (confirming the appointment of Lonnie R. Anderson to the Education Professional Standards Board); BR 180 (confirming the appointment of Stephen H. T. Lin to the Education Professional Standards Board); BR 181 (confirming the appointment of Joseph Kent Juett to the Education Professional Standards Board); BR 191 (relating to health insurance for school employees); and BR 236 (designating September as Character Education Month in Kentucky); to Education; BR 121 (relating to breast cancer and making an appropriation); BR 163 (relating to relative caregivers); BR 184 (relating to the provider tax); BR 204 (relating to compulsive gambling, making an appropriation therefor and declaring an emergency); BR 215 (relating to Medicaid); and BR 231 (relating to newborn screening) to Health and Welfare; BR 123 (relating to domestic relations); BR 166 (creating the Interstate Compact for Juveniles); BR 167 (relating to certification of peace officers and court security officers); BR 188 (relating to debtors); and BR 254 (relating to the use of juries in competency hearings conducted in guardianship proceedings) to Judiciary; BR 5 (relating to gaming and making and appropriation therefor); BR 29 (relating to criminal background investigations) to Licensing and Occupations; BR 170 (relating to license taxes on insurance companies); and BR 233 (relating to the identification of certified volunteer firefighters) to Local Government; BR 4 (proposing to create a new section of the Constitution of Kentucky and amend Section 226 of the Constitution of Kentucky, relating to casinos); BR 32 (relating to sponsorship of bills); BR 135 (proposing an amendment to Section 42 of the Constitution of Kentucky relating to legislative sessions); BR 186 (relating to waiver of employee health benefits, making an appropriation therefor, and declaring an emergency); BR 221 (proposing an amendment to Section 42 of the Constitution of Kentucky relating to legislative sessions); and BR 235 (relating to the Capital City Airport) to State Government; BR 211 (relating to operators’ licenses); and BR 216 (relating to highway signs) to Transportation.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 301 KAR 1:060 (Sport and rough fish); 301 KAR 2:041 (Shooting preserves and foxhound training enclosures); 301 KAR 2:049 (Small game and furbearer hunting on public areas); 301 KAR 2:081 (Transportation and holding of native wildlife); 301 KAR 2:111 (Deer and turkey hunting on federal areas); 301 KAR 2:132 & E. (Elk depredation permits and quota hunts); 301 KAR 2:178 (Deer hunting on wildlife management areas); 301 KAR 2:225 & E. (Dove, wood duck, teal, and other migratory game bird hunting); 301 KAR 2:241 (Repeal of 301 KAR 2:240); 301 KAR 2:251 (Hunting and trapping seasons and limits for furbearers and small game); 301 KAR 3:022 (License, tag and permit fees); 301 KAR 3:030 (Year-round season for wildlife); 301 KAR 4:070 (Scientific and educational collecting permits); 401 KAR 8:010 (Definitions for 401 KAR Chapter 8.); 401 KAR 8:020 (Public and semipublic water supplies - general provisions); 401 KAR 8:070 (Public notification); 401 KAR 8:075 (Consumer confidence reports); 401 KAR 8:150 (Disinfection, filtration, and recycling); 401 KAR 8:300 (Lead and copper); 401 KAR 8:441 (Repeal of 401 KAR 8:440); 401 KAR 8:700 (Bottled water); 401 KAR 57:002 (National emission standards for hazardous air pollutants); 401 KAR 58:025 (National emission standard for asbestos); 401 KAR 59:185 (New solvent metal cleaning equipment); 401 KAR 60:005 (Standards of performance for new stationary sources); 401 KAR 60:670 (Standards of performance for nonmetallic mineral processing plants); 401 KAR 63:002 (National emission standards for hazardous air pollutants); and 401 KAR 63:106 (Repeal of 401 KAR 63:105) to Agriculture and Natural Resources; 907 KAR 3:010 & E. (Reimbursement for physicians’ services) to Appropriations and Revenue; 806 KAR 6:060 (Reserve liabilities, cash surrender values, and nonforfeiture benefits for plans of life insurance with separate rates for smokers and nonsmokers); 806 KAR 6:070 (Valuation of life insurance and annuity reserves); 806 KAR 6:075 (Valuation of life insurance policies); and 806 KAR 6:110 (Recognition of the 2001 CSO mortality table for use in determining minimum reserve liabilities and nonforfeiture benefits) to Banking and Insurance; 11 KAR 5:001 (Definitions pertaining to 11 KAR Chapter 5); and 11 KAR 17:040 (Applying for a prepaid tuition contract) to Education; 201 KAR 8:420 (The prevention of transmission of human immunodeficiency virus and hepatitis B virus to patients by dental health care workers); 201 KAR 20:085 (Licensure periods); 201 KAR 20:095 (Retired nurse licensure status); 201 KAR 20:215 (Continuing competency requirements); 201 KAR 20:225 (Reinstatement of license); 201 KAR 20:230 (Renewal of licenses); 201 KAR 20:240 (Fees for applications and for services); 201 KAR 20:370 (Applications for licensure and registration); 201 KAR 20:411 (Sexual Assault Nurse Examiner Program standards and credential requirements); 201 KAR 22:001 (Definitions); 201 KAR 22:035 (A credential holder’s change of name, employment or address); 201 KAR 22:040 (Procedure for renewal or reinstatement of a credential for a physical therapist or a physical therapist assistant); 201 KAR 22:045 (Continued competency requirements and procedures); 201 KAR 22:052 (Compliant procedure and disciplinary action of a credential holder or applicant); 201 KAR 22:053 (Code of ethical standards and standards of practice for physical therapists and physical therapists’ assistants); 201 KAR 22:070 (Requirements for foreign-educated physical therapists); 201 KAR 22:130 (Per diem of board members); 201 KAR 22:135 (Fees); 201 KAR 22:140 (Funding of impaired physical therapy practitioners committee); and 201 KAR 22:150 (Impaired Practitioner Alternative Program); 902 KAR 2:020 (Disease surveillance); 902 KAR 45:070 & E. (Body piercing and ear piercing); 902 KAR 100:071 (Repeal of 902 KAR 100:073); 902 KAR 100:072 (Use of radionuclides in the health arts); 908 KAR 3:060 (“Means test” pursuant to the “Patient Liability Act of 1978”); and 921 KAR 4:118 (Weatherization assistance for low income persons) to Health and Welfare; 501 KAR 6:020 (Corrections policies and procedures) to Judiciary; 45 KAR 1:030 (Audits of sheriff’s tax settlements); 45 KAR 1:040 (Audits of county fee officials); 45 KAR 1:050 (Audits of fiscal courts); 200 KAR 15:010 & E. (Formula for allocations of private activity bonds) to State Government.
C. From Senator David L. Williams, President of the Senate: Memorandum recommending that the Director of the Legislative Research Commission contact the Executive Director of SLC for the purpose of offering the Commonwealth of Kentucky and the City of Louisville as the host state and city for the 2006 Annual Meeting of the Southern Legislative Conference.
COMMUNICATIONS
A. From the Cabinet for Health Services, Department for Public Health: HIV/AIDS Advisory Council Year-End Report, September 2004, to Health and Welfare.
B. From the Secretary for Health and Family Services: Charitable Health Providers registered with the Cabinet to, Health and Welfare.
C. From the Cabinet for Health and Family Services: Tuition Waiver for Foster and Adopted Children for the time period October 1, 2003, through September 30, 2004, to Health and Welfare.
D. From the Kentucky Board of Medical Licensure: Annual Report outlining activities of the Kentucky Board of Medical Licensure for the fiscal year 2003-2004, to Health and Welfare.
E. From the Cabinet for Economic Development, Department of Financial Incentives: The Agricultural Warehousing Sites Cleanup Fund Annual Report (June 21, 2001, through June 30, 2004), to Economic Development and Tourism; Agriculture and Natural Resources.
F. From the Cabinet for Economic Development, Department of Financial Incentives: Loan Data Sheets for each Loan approved as of the quarter ended September 30, 2004, to Appropriations and Revenue; Economic Development and Tourism.
G. From the Office of the Attorney General: Constitutional Challenges received during the month of August 2004, to Judiciary.
H. From the Personnel Cabinet: Annual Report 2003-2004, to State Government; Appropriations and Revenue.
I. From the Auditor of Public Accounts: Assessment of Kentucky’s Sex Offender Registry, to Judiciary.
J. From the University of Kentucky: University of Kentucky 2004 Consolidated Financial Statements, to Appropriations and Revenue; Education.
K. From the Kentucky Interagency Groundwater Monitoring Network: 2003-2004 Annual Report, to Agriculture and Natural Resources.
L. From the Finance and Administration Cabinet: Monthly Investment Income Report for September 2004, to Appropriations and Revenue.
M. From the Cabinet for Health and Family Services: The Commission on Services and Supports for Individuals with Mental Retardation and Other Developmental Disabilities, Fourth Annual Status Report, to Health and Welfare.
N. From the Environmental and Public Protection Cabinet: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending September 30, 2004, to Appropriations and Revenue; Labor and Industry.
O. From the Kentucky Judicial Form Retirement System: Actuarial valuation reports as of July 1, 2004, for the Kentucky Judicial Retirement Plan and Kentucky Legislators’ Retirement Plan, to Appropriations and Revenue; State Government.
P. From the Department of Revenue: Kentucky Enterprise Zone Program, Annual Report for Fiscal Year Ended June 30, 2004, to Appropriation and Revenue; Economic Development and Tourism.
Q. From the Cabinet for Economic Development: Bluegrass Skills Corporation Annual Report, to Appropriation and Revenue; Economic Development and Tourism; and Labor and Industry.
R. From the University of Kentucky: Kentucky Tobacco Research & Development Center, Quarterly Report for July 1 through September 30, 2004, to Agriculture and Natural Resources.
S. From the Kentucky Heritage Land Conservation Fund Board: Ninth Annual Report, to Agriculture and Natural Resources.
T. From the Kentucky Higher Education Student Loan Corporation: Audited Financial Statements, June 30, 2004, to Appropriations and Revenue; Education.
U. From the University of Kentucky Research Foundation: 2004 Financial Statements, to Appropriations and Revenue; Education.
V. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Artisan Center at Berea for the fiscal year ended June 30, 2004, to Appropriations and Revenue.
W. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Office of Insurance Kentucky Access Program for the fiscal year ended June 30, 2004, to Appropriations and Revenue; Banking and Insurance.
X. From the Auditor of Public Accounts: Letter in Reference to the Statewide Single Audit of the Commonwealth of Kentucky for the year ended June 30, 2003, to Appropriations and Revenue.
Y. From the Auditor of Public Accounts: Report of the Audit of the Foundation for a Healthy Kentucky, Inc., for the year ended December 31, 2003, to Appropriations and Revenue; Health and Welfare.
Z. From the Office of the Attorney General: Constitutional Challenge Report received during the month of September 2004, to Judiciary.
AA. From Kentucky Employers’ Mutual Insurance: Administrative budget for 2005; Statement of Assets, Liabilities, and Surplus as of September 30, 2004, to Appropriations and Revenue; Labor and Industry.
BB. From Kentucky Employers’ Mutual Insurance: Quarterly Statement as of September 30, 2004, to Appropriations and Revenue; Labor and Industry.
CC. From the Finance and Administration Cabinet: Monthly Investment Income Report for October 2004, to Appropriations and Revenue.
DD. From the Auditor of Public Accounts: Examination of Certain Financial Processes and Internal Controls of the Kentucky Correctional Industries, to Appropriations and Revenue; State Government.
EE. From the Finance and Administration Cabinet: Public Employee Health Insurance, Plan Year 2005, to Banking and Insurance; State Government; and Appropriations and Revenue.
FF. From the Kentucky Judicial Form Retirement System: Audit of the Kentucky Judicial Form Retirement System as of June 30, 2004, to Appropriations and Revenue; State Government.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of George Street Boone.
Representative Richards recognized Senator Williams to speak in support of Item C. under New Business. Senator Williams said that when Maryland had decided not to host the 2006 Southern Legislative Conference, it was decided that Kentucky should offer to host the Conference, and that Louisville would be the host city for the event. He said that hosting the event would greatly benefit the state of Kentucky. Senator Turner said that the Senate Democratic Caucus is in full support of showcasing the state for this event. Senator Roeding pointed out that it would be great for economic development in Kentucky.
There being no further business, the meeting adjourned at 4:20 p.m.