The 513th meeting of the Legislative Research Commission was held on Wednesday, June 1, 2005, 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, Joey Pendleton, Richie Sanders Jr, Dan Seum, Katie Stine, Johnny Ray Turner, and Ed Worley; Representatives Rocky Adkins, Larry Clark, Robert R Damron, Bob M DeWeese, and Ken Upchurch.
LRC Staff: Bobby Sherman and Diana Hill.
Senator Williams called the meeting to order and the secretary called the roll. There being a quorum present, President Williams called for a motion to approve the mintues of the December 1, 2004, meeting; accept items A. through G. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through BB. under New Business; accept and refer as indicated items 1. through 52. under Communications; and approve Resolutions A. through E. A motion was made by Senator Sanders and seconded by Representative DeWeese. 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 November 2004 - May 2005.
B. Reports of the Administrative Regulation Review Subcommittee meetings of December 14, 2004, January 11, 2005, February 7, 2005, March 9, 2005, April 12, 2005, and May 10, 2005.
C. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meeting of January 19, 2005.
D. Committee review of administrative regulations by the House Standing Committee on Health and Welfare during its meetings of February 17, February 24, and March 3, 2005.
E. Committee reviews of administrative regulations by the Senate Standing Committee on Health and Welfare during its meetings of February 22 and March 8, 2005.
F. Review of the FY 2005 Preventive Health and Health Services Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of January 19, 2005.
G. Staff report on prescribing of controlled substances by advanced registered nurse practitioners (Research Report No. 323) from Ginny Wilson.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 36 (relating to motor vehicle liability insurance) to Banking and Insurance; BR 64 (urging Congress to take emergency actions to save the economy and the auto industry) to Economic Development and Tourism; BR 1 (relating to writing portfolios in the public schools) and BR 74 (relating to writing portfolios in the public schools) to Education; BR 14 (relating to compulsive gambling, making and appropriation therefor, and declaring an emergency) to Health and Welfare; BR 48 (relating to notification of the public as to the presence of sex offenders within the community) to Judiciary; BR 19 (relating to gaming and making an appropriation therefor) to Licensing and Occupations; BR 15 (relating to coroners) to Local Government; BR 18 (proposing to create a new section of the Constitution of Kentucky and amend Section 226 of the Constitution of Kentucky, relating to casinos) and BR 44 (relating to executive branch ethics) to State Government.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 301 KAR 2:049 (Small game and furbearer hunting on public areas); 301 KAR 2:111 (Deer and turkey hunting on special areas); 301 KAR 2:142 (Spring wild turkey hunting); 301 KAR 2:174 (Deer hunting zones); 301 KAR 2:251 (Hunting and trapping seasons and limits for furbearers and small game); 301 KAR 3:022 (License, tag and permit fees); 805 KAR 9:010 (Protection of fresh water zones); 805 KAR 9:020 (Well location plat, preparation, form and contents); 805 KAR 9:030 (Surety bonds; requirements, cancellation); 805 KAR 9:040 (Plugging wells); 805 KAR 9:050 (Gas storage reservoirs; drilling, plugging in vicinity); 805 KAR 9:060 (Operating or deepening existing coal bed methane wells and drilling deeper than the permitted depth); 805 KAR 9:070 (Directional and horizontal wells); 805 KAR 9:080 (Content of the operation and reclamation proposal; form on which the proposal is filed); 805 KAR 9:090 (Production reporting); and 805 KAR 9:100 (Public liability insurance and self-insurers) to Agriculture and Natural Resources; 11 KAR 5:130 (Student application); 11 KAR 5:140 (KTG award determination procedure); 11 KAR 5:145 (CAP grant award determination procedure); and 11 KAR 18:010 (Robert C. Byrd Honors Scholarship Program) to Education; 501 KAR 3:030 (Fiscal management); 501 KAR 7:010 (Definitions for 501 KAR Chapter 7); 501 KAR 7:020 (Administration; management); 501 KAR 7:030 (Fiscal management); 501 KAR 7:090 (Medical services) to Judiciary; 803 KAR 2:500 & E. (Maritime employment) to Labor and Industry; 201 KAR 19:085 (Fees); and 810 KAR 1:009 & E. (Jockeys and apprentices) to Licensing and Occupations; 815 KAR 7:070 (The Kentucky Certified Building Inspector Program); 815 KAR 7:125 (Kentucky Residential Code/2002); 815 KAR 8:030 (Apprentice heating, ventilation, and air conditioning (HVAC) mechanic registration and certification requirements); 815 KAR 35:031 (Repeal of 815 KAR 35:030); 815 KAR 35:080 (Code of ethics); 815 KAR 35:090 (Electrical Training Program standards); and 815 KAR 35:100 (Electrical continuing education procedure) to Local Government.
C. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum authorizing the membership of the Special Subcommittee on Energy.
D. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum appointing Senator Vernie McGaha and Senator Katie Stine to the Special Subcommittee on Energy.
E. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum regarding standing committee meetings during odd-year session breaks.
F. From Bobby Sherman: Memorandum authorizing Kentucky.gov to make Legislative Record information available on the Commonwealth’s website.
G. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting approval to meet on June 8 in northern Kentucky rather than the regular scheduled meeting date of June 14. There is a potential conflict for five members.
H. From Senator Brett Guthrie and Representative Hubert Collins, Co-Chairs, Interim Joint Committee on Transportation. Memorandum requesting approval to meet on June 9 in northern Kentucky rather than the regular scheduled meeting date of June 7. There are no apparent conflicts.
I. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum appointing members to the Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs of the Interim Joint Committee on State Government.
J. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum authorizing the purchase of an inscribed Kentucky Long Rifle, to be presented to the Kentucky Historical Society in honor and on behalf of Captain Jack Hart as indicated in SR 191, which was adopted in 2004.
K. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum requesting approval for the Education Assessment and Accountability Review Subcommittee to seek and receive advice from the National Technical Panel on Assessment and Accountability.
L. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum authorizing the Blue Ribbon Panel on Public Health Employee Benefits to meet as necessary until August 1, 2005, to complete its report.
M. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum appointing members to and authorizing meetings of the Kentucky Broadband Task Force.
N. From Tom Troth: Memorandum advising the addition of LaJuana S. Wilcher, Secretary for the Environmental and Public Protection Cabinet, and Chris Lilly, Commissioner of the Department of Public Protection, as members to the Kentucky Broadband Task Force by virtue of their office.
O. From Senator Tom Buford and Representative James Bruce, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meet in Florence on June 8 rather than the regular monthly meeting date of June 28.
P. From Senator Damon Thayer and Representative Steve Riggs, Co-Chairs, Interim Joint Committee on Local Government: Memorandum requesting approval to meet on June 8 in northern Kentucky rather than the regular scheduled meeting date of June 22.
Q. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on June 8 in northern Kentucky rather than the regular scheduled meeting date of June 28.
R. From Senator Robert Stivers and Representative Gross Lindsay, Co-Chairs, Interim Joint Committee on Judiciary: Memorandum requesting approval to meet on June 9 in northern Kentucky rather than the regular scheduled meeting date of June 22.
S. From Senator Damon Thayer and Representative Mike Cherry, Co-Chairs of the Interim Joint Committee on State Government: Memorandum requesting approval to meet on June 8 in northern Kentucky rather than the regular scheduled meeting date of June 22. There is a potential conflict for seven members.
T. From Senator Ken Winters and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting authorization for and approval of the memberships of the Subcommittee on Postsecondary Education and the Subcommittee on Elementary and Secondary Education, and approval for meetings on July 18 rather than the regular scheduled meeting date of July 11.
U. From Senator Tom Buford and Representative Harry Moberly, Co-Chairs, Blue Ribbon Panel on Public Employee Health Benefits: Memorandum requesting approval for working groups to meet independently of the full panel, subject to approval by Co-chairs of the full panel, and for each to meet twice outside of Frankfort.
V. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum appointing Senator Ken Winters to the Education Commission of the States.
W. From Senator Tom Jensen, Representative Tom McKee, and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting authorization for and approval of the memberships of the subcommittees on Horse Farming, Natural Resources, and Rural Issues.
X. From Janie Miller, Deputy Director, Office for Budget Review: Memorandum requesting approval of the issuance of the Final 2004-2006 Budget Memorandum for the Executive Branch Budget Bill (HB 267).
Y. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting authorization for and approval of the membership of the Subcommittee on 2006-2008 Budget Preparation and Submission of the Legislative Research Commission; also requests authorization for meetings.
Z. From Senator Jack Westwood and Representative Perry Clark, Co-Chairs, Capital Planning Advisory Board: Memorandum requesting a two-day meeting on July 12 and 13 in Frankfort. There are no known conflicts.
AA. From Senator David L. Williams and House Speaker Jody Richards, Co-Chairs: Memorandum requesting inflationary adjustment to postage allowance for legislators.
BB. From Senate President David Williams and House Speaker Jody Richards: Memorandum re-appointing Dr. Paul Cook as an at-large member to the Kentucky Long-Term Policy Research Center Board.
COMMUNICATIONS
1. From the Finance and Administration Cabinet: Monthly Investment Income Reports for November and December 2004, and January, February, March, and April 2005, to Appropriations and Revenue.
2. From the Environmental and Public Protection Cabinet: 2004 Annual Report of the Kentucky Health Care Improvement Authority, to Health and Welfare.
3. From the Kentucky Interagency Groundwater Monitoring Network: Annual Report 2003-2004, to Agriculture and Natural Resources.
4. From the Kentucky Tobacco Research Board: Annual Report of the Kentucky Tobacco Research & Development Center, to Agriculture and Natural Resources.
5. From the Kentucky Tobacco Research and Development Center: Quarterly Report July 1 - September 30, 2004, to Agriculture and Natural Resources.
6. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-Upon Procedures to the Kentucky Department of Education, to Appropriations and Revenue and Education.
7. From the Auditor of Public Accounts: Report of the Auditor of Public Accounts Audit Examination of the Central Kentucky Education Cooperative, to Appropriations and Revenue.
8. From the Auditor of Public Accounts: Report of the Audit of the Green River Regional Cooperative, Inc., to Appropriations and Revenue and Education.
9. From the Auditor of Public Accounts: Report of the Auditor of Public Accounts Agreed Upon Procedures Engagement West Kentucky Corporation, to Appropriations and Revenue.
10. From the Kentucky Higher Education Assistance Authority: Various KAPT reports including Fiscal Year 2004 Actuarial Valuation, Fiscal Year 2004 Audited Financial Statements, 2004 Program Update as of 12/31/04, and 2004 Actuarial Analysis as of 12/31/04, to Appropriations and Revenue and Education.
11. From the University of Kentucky: 2004 Financial Statements, Fund for Advancement of Education and Research in the University of Kentucky Medical Center, to Appropriations and Revenue.
12. From the Environmental and Public Protection Cabinet: Annual Report of Kentucky Access, to Banking and Insurance.
13. From the Environmental and Public Protection Cabinet: Statewide Solid Waste Management Report - 2003 Update, to Agriculture and Natural Resources.
14. From the Forestry Best Management Practices Board: Five Year Review Report of 1998 Kentucky Forest Conservation Act, to Agriculture and Natural Resources.
15. From the Kentucky Council on Postsecondary Education: 2003-04 Accountability Report, to Education.
16. 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.
17. From the Auditor of Public Accounts: Drug Reimportation is a Viable Choice - September 28, 2004, Working Together to Reduce Kentucky’s Prescription Drug Costs, to Appropriation and Revenue and Health and Welfare.
18. From the Kentucky Long-Term Policy Research Center: Biennial report on trends influencing the future of the Commonwealth, Visioning Kentucky’s Future: Measures and Milestones, to State Government.
19. From the Kentucky Legislative Ethics Commission: Annual Report FY 2003-2004, to State Government.
20. From the Environmental and Public Protection Cabinet: PSTEAF Facilities Status Report and Status of Cleanup Process, to Agriculture and Natural Resources.
21. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Lottery Corporation, to Appropriations and Revenue.
22. From the Auditor of Public Accounts: Report of the Audit of the Northern Kentucky Cooperative for Educational Services, Inc.; to Appropriations and Revenue and Education.
23. From the Auditor of Public Accounts: Report of the Audit of the Badgett Regional Cooperative for Educational Enhancement, Inc., to Appropriations and Revenue and Education.
24. From the Auditor of Public Accounts: Report of the Audit of the Ohio Valley Educational Cooperative, to Appropriations and Revenue and Education.
25. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Educational Development Corporation, to Appropriations and Revenue.
26. From the Finance and Administration Cabinet, Office of the Controller: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Fund Programs from July 2004 through February 2005, to Appropriations and Revenue and Local Government.
27. From the Office of Attorney General: Constitutional Challenge Reports for October 2004 through March 2005, to Judiciary.
28. From the Office of Property Valuation: Department of Revenue: 2000 and 2002 Property Assessment Performance Audit Results, December 2004, to Appropriations and Revenue.
29. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for each loan approved for the quarter ended December 31, 2004, and March 31, 2005, to Appropriations and Revenue and Economic Development and Tourism.
30. From the Environmental and Public Protection Cabinet: Report for Kentucky Coal Workers’ Pneumoconiosis Fund quarter ending December 31, 2004, and March 31, 2004, to Appropriations and Revenue and Labor and Industry.
31. From the Cabinet for Health and Family Services: Addendum to the Cabinet for Health Services’ annual report regarding federally licensed blood establishments, to Health and Welfare.
32. From the Cabinet for Health and Family Services: Annual Report of the Kentucky Independence Plus, Consumer-Directed Services Program, to From the Kentucky Commission on the Deaf and Hard of Hearing: A Strategic and Long Range Plan, to Education.
33. From the Auditor of Public Accounts: Kentucky’s Administration and Management of Master Agreements and Catalog Master Agreements, to Appropriations and Revenue.
34. From the Kentucky Department of Education: Status report on Differentiated Compensation Pilot Programs, to Education.
35. From the Auditor of Public Accounts: Performance Audit of Kentucky’s Administration and Management of Master Agreements and Catalog Master Agreements for Commodities and Non-Professional Services, to Appropriations and Revenue.
36. From the Kentucky State Nature Preserves Commission: 2005 Biennial Report of the Kentucky State Nature Preserves Commission, to Agriculture and Natural Resources.
37. From the Teachers’ Retirement System: 2004 Comprehensive Annual Financial Report, to Appropriations and Revenue.
38. From the Kentucky Employers’ Mutual Insurance: Annual Statement and Letter of Actuarial Opinion for 2004; Quarterly Statement as of March 31, 2005; Statement of Assets, Liabilities, and Surplus as of March 31, 2005; and the annual report summary for 2004, to Appropriations and Revenue and Labor and Industry.
39. From the Finance and Administration Cabinet: Modifications for the Public Employee Health Insurance, Plan Year 2005, to State Government.
40. From the Auditor of Public Accounts: Report of the Statewide Single Audit of the Commonwealth of Kentucky for the Fiscal Year Ended June 30, 2004, to Appropriations and Revenue.
41. From the Kentucky Higher Education Assistance Authority and the Student Loan People: FY 2004 Annual Report, to Appropriations and Revenue and Education.
42. From the Auditor of Public Accounts: Audit of the Kentucky Valley Educational Cooperative for the Fiscal Year Ended June 30, 2004, to Appropriations and Revenue and Education.
43. From the Secretary for Health and Family Services: 2004 Annual Report for the Kentucky Spinal Cord and Head Injury Research Board, to Health and Welfare.
44. From the Auditor of Public Accounts: Kentucky’s Standing in the Race for Federal Dollars: How We Can Maximize Our Efforts, to Appropriations and Revenue.
45. From the Auditor of Public Accounts: Performance Audit Providing Information and Benchmark Data on Kentucky’s Federal Funds Efforts, to Appropriations and Revenue.
46. From the Cabinet for Health and Family Services: Statutory Requirement for Submission of Kentucky’s Title V Maternal and Child Health Block Grant, to Health and Welfare.
47. From the Department of Revenue: County Real Estate Exemption List Pursuant to KRS 132.220(6), to Appropriations and Revenue.
48. From the Kentucky Tobacco Research and Development Center: Quarterly Report for January 1 - March 30, 2005, to Agriculture and Natural Resources.
49. From the Kentucky Transportation Cabinet: Financial Report to Management and Supplemental Information Schedules for the period of July 1, 2003, to June 30, 2004, to Appropriations and Revenue and Transportation.
50. From the Attorney General’s Office, Child Support Enforcement Commission: 2003 Annual Report, to Judiciary and Health and Welfare.
51. From Senator Ernie Harris and Representative Tommy Thompson, Co-chairs of the Program Review and Investigations Committee: Memorandum advising of the opportunity to appoint non-voting ex officio members for specific studies.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Lori Ann “Mud” Busko Petty.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of William H. Kennoy.
C. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Nelson Robert Allen.
D. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Edwin E. “Ed” Miller.
E. A RESOLUTION commemorating the 25th anniversary of the National Citizen’s Crime Prevention Campaign.