The 515th meeting of the Legislative Research Commission was held on Wednesday, September 7, 2005, 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: Representative Jody Richards, Co-Chair; Senators Dan Kelly, Joey Pendleton, Dan Seum, Johnny Ray Turner, and Ed Worley; Representatives Rocky Adkins, Joe Barrows, Larry Clark, Robert R Damron, Bob M DeWeese, Jeff 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 July 6, 2005, meeting; accept items A. through L. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through O. under New Business; accept and refer as indicated items A. through S. under Communications; and approve Resolutions A. through M. A motion was made by Senator Worley and seconded by Senator Pendleton. 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 2005.
B. Committee activity report for July and August 2005.
C. Reports of the Administrative Regulation Review Subcommittee meetings of July 12 and August 9, 2005.
D. Report of the Education Assessment and Accountability Review Subcommittee regarding administrative regulation review during its meeting of August 8, 2005.
E. Committee review of Executive Reorganization Order 2005-563, which establishes the Kentucky Office of Homeland Security, by the Interim Joint Committee on Seniors, Veterans, Military Affairs, and Public Protection during its meeting of July 14, 2005.
F. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of July 25 and August 22, 2005.
G. Committee review of administrative regulations by the Interim Joint Committee on Local Government during its meeting of July 27, 2005.
H. Committee review of FY 2006 and 2007 Community Services Block Grant Application and Community Food and Nutrition Program by the Interim Joint Committee on Health and Welfare during its meeting of July 25, 2005.
I. Committee review of FY 2006 Social Services Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of July 25, 2005.
J. Committee review of FY 2005 Community Development Block Grant Application by the Interim Joint Committee on Local Government during its meeting of July 27, 2005.
K. Committee acceptance of the OEA Study of the Commonwealth Accountability Testing System (CATS) by the Education Assessment and Accountability Review Subcommittee during its meeting of July 6, 2005.
L. Committee review of Executive Reorganization Order 2005-494, which creates the Kentucky Community Development Office within the Office for Local Development, by the Interim Joint Committee on Local Government during its meeting of July 27, 2005.
M. NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 140 (relating to animals) to Agriculture and Natural Resources; BR 173 (relating to sales and use tax) and BR 203 (relating to motor fuels taxes) to Appropriations and Revenue; BR 107 (relating to retail credit cards) and BR 124 (relating to consumer protection) to Banking and Insurance; BR 247 (relating to revenue bonds for city or county projects) to Economic Development and Tourism; BR 17 (relating to professional development of certified staff); BR 133 (relating to intercollegiate athletics); BR 170 (relating to postsecondary education); BR 171 (directing the Legislative Research Commission to designate legislative staff to study the costs associated with educating elementary and secondary children of undocumented aliens within Kentucky’s public schools); BR 187 (relating to the safety, learning, and well-being of students); and BR 191 (relating to postsecondary education tuition) to Education; BR 232 (relating to hospital-acquired infections) to Health and Welfare; BR 53 (relating to sexual offenses and sex offender management); BR 63 (relating to crimes and punishments); BR 80 (relating to sexual offenses and sex offender management); BR 155 (relating to human trafficking); BR 162 (relating to unlawful possession of a weapon on school property); BR 166 (relating to inmates); BR 185 (relating to the investigation of traffic accidents); BR 201 (relating to crimes and punishments); and BR 206 (relating to unlawful possession of a weapon on school property) to Judiciary; BR 199 (relating to contracts) to Labor and Industry; BR 29 (relating to video lottery terminals and making an appropriation therefor); BR 87 (relating to acupuncture); BR 104 (relating to electricians and electrical contractors); and BR 256 (relating to the equine industry program) to Licensing and Occupations; BR 49 (relating to management districts) and BR 179 (relating to peace officer annual training) to Local Government; BR 148 (relating to waiver of tuition fees for spouses and dependents of veterans); BR 154 (relating to Kentucky National Guard and Reserve death benefits, declaring an emergency, and making an appropriation therefor); BR 176 (relating to honoring military service); and BR 184 (relating to Kentucky National Guard and Reserve death benefits, declaring and emergency, and making an appropriation therefor) to Seniors, Veterans, Military Affairs, and Public Protection; BR 16 (relating to retirement); BR 43 (relating to retirement); BR 71 (relating to governmental purchasing of goods and services from nonprofit agencies and work centers serving the blind or severely disabled); BR 123 (proposing an amendment to Section 36 of the Constitution of Kentucky, relating to sessions of the General Assembly); BR 134 (urging the Congress of the United States to pass and present to the states for approval a constitutional amendment to protect the rights and security of citizens in their private property from government takings for the promotion of private economic development); BR 145 (relating to historical markers inside the New State Capitol and on the Capitol grounds); BR 151 (proposing to amend the Constitution of Kentucky to permit the display of The Ten Commandments in public buildings); BR 172 (petitioning the United States Senate to pass House Joint Resolution 10 or Senate Joint Resolution 12, proposing to amend the Constitution of the United States, for submission to the several States, giving Congress the power to prohibit physical desecration of the flag of the United States); BR 226 (urging the Congress of the United States to provide for the security of the land, air, and sea borders of the United States against illegal immigration); and BR 227 (urging the United States Congress to fully compensate states for the care of illegal aliens) to State Government; BR 10 (relating to graduated driver’s licenses for teenagers); BR 66 (urging the Federal Aviation Administration to restrict air traffic around the grounds of the Kentucky State Capitol Building); BR 143 (relating to hardship driver’s licenses); and BR 189 (relating to graduated drivers’ licenses for teenagers) to Transportation.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A:290(6): 103 KAR 7:021 (Repeal of 103 KAR 7:040 and 103 KAR 7:050); 103 KAR 28:051 & E. (Leases and rentals); and 200 KAR 38:070 (Internal controls and pre-audit) to Appropriations and Revenue; 806 KAR 14:007 & E. (Rate and form filing for health insurers); 806 KAR 17:500 & E. (Basic health benefit plan requirements); 806 KAR 52:010 & E. (Forms for application, security deposits and financial statements); 806 KAR 52:020 & E. (Aggregate excess insurance); and 806 KAR 52:030 & E. (Workers’ compensation self-insured group rate, rule and form filings) to Banking and Insurance; 11 KAR 15:090 (Kentucky Educational Excellence Scholarship (KEES) Program) and 702 KAR 5:080 (Bus drivers’ qualifications, responsibilities and training) to Education; 200 KAR 38:060 (Reimbursement to law enforcement officers for certain expenses); 501 KAR 6:020 (Corrections policies and procedures); 501 KAR 6:240 & E. (Home incarceration using an approved monitoring device); 501 KAR 6:999 (Corrections Secured Polices and Procedures) to Judiciary; 803 KAR 25:010 (Procedure for adjustments of claims); 803 KAR 25:021 (Individual self-insurers); 803 KAR 25:028 (Repeal of 803 KAR 25:026); 803 KAR 25:030 (Special fund and employer; joint liability); and 803 KAR 25:170 (Filing of claims information with the Office of Workers’ Claims) to Labor and Industry; 201 KAR 30:050 (Examination, education, and experience requirement) and 811 KAR 1:215 & E. (Kentucky Standardbred Development Fund) to Licensing and Occupations; 109 KAR 11:021 (Repeal of 109 KAR 11:020) to Local Government; 200 KAR 5:080 (Sponsorships) to State Government; 601 KAR 11:010 (Fees relating to commercial driver’s licenses) to Transportation.
C. From President David L. Williams and Speaker Jody Richards: Memorandum reflecting a correction to the LRC referral on July 7, 2005, of administrative regulations 200 KAR 5:021 (Manual of policies and procedures); 200 KAR 5:309 (Noncompetitive negotiations); 200 KAR 14:011 (Qualified investments); and 200 KAR 14:081 (Repurchase agreement).
D. From Senate President David L. Williams and Speaker Jody Richards: Memorandum reflecting interim joint committee assignments for Representative David Osborne.
E. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval for an out-of-town meeting on October 14, 2005, in Lexington, rather than the regular scheduled meeting date of October 27, 2005. This is the third out-of-town meeting for the committee. There is potential conflict for seven members.
F. From Senator Tom Buford and Representative James Bruce, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval for an out-of-town meeting on October 13, 2005, in Lexington, rather than its regular scheduled meeting date of October 25, 2005.
G. From Senator Alice Kerr and Representative Eddie Ballard, Co-Chairs, Interim Joint Committee on Economic Development and Tourism: Memorandum requesting approval for an out-of-town meeting on October 13, 2005, rather than the regular scheduled meeting date of October 20, 2005.
H. From Senate President David L. Williams and Speaker Jody Richards: Memorandum appointing members to and authorizing meetings of the Task Force on Local Taxation.
I. From Bobby Sherman: Memorandum recommending prefiling deadlines for the 2006 Regular Session.
J. From Bobby Sherman: Memorandum proposing the 2006 Regular Session Calendar.
K. From Senator Damon Thayer and Representative Mike Cherry, Co-Chairs, Interim Joint Committee on State Government, and Senator Damon Thayer and Representative Adrian Arnold, Co-Chairs, Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs: Memorandum requesting approval for the task force to meet on November 15, 2005, rather than the regular scheduled meeting date of November 22, 2005, which is two days before Thanksgiving. There are no apparent conflicts.
L. From Senator Tom Jensen, Representative Tom McKee, and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting approval to reassign Representative C.B. Embry from the Subcommittee on Horse Farming to the Subcommittee on Rural Issues, and Representative Brad Montell from the Subcommittee on Rural Issues to the Subcommittee on Horse Farming.
M. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Subcommittee on 2006-2008 Budget Preparation and Submission: Memorandum requesting approval of the final report of the Subcommittee on 2006-2008 Budget Preparation and Submission.
N. From Senator Ken Winters and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting approval for Senator Dan Kelly and Senator Tim Shaughnessy to be removed from the Subcommittee on Elementary and Secondary Education, per their request.
O. From Senator Alice Kerr and Representative J.R. Gray, Co-Chairs, Interim Joint Committee on Labor and Industry: Memorandum requesting approval for an out-of-town meeting in Lexington on October 13, 2005, rather than the regular scheduled meeting date of October 20, 2005. There is potential conflict for three members who are members of the Interim Joint Committee on Banking and Insurance, which has been pre-approved to meet on the morning of October 13.
COMMUNICATIONS
A. From Bobby Sherman: Memorandum informing members of the update from Finance Secretary Robbie Rudolph on new legislative space in the Capitol Annex.
B. From the Finance and Administration Cabinet: Monthly Investment Income Report for June 2005, to Appropriations and Revenue.
C. From the Finance and Administration Cabinet, Office of the Controller: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Fund Programs for the month of June 2005, and year-to-date activity for the period of July 1, 2004, through June 30, 2005, to Appropriations and Revenue and Local Government.
D. From the Environmental and Protection Cabinet, Department of Labor, Office of Workplace Standards: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending June 30, 2005, to Appropriations and Revenue and Labor and Industry.
E. From the Office of the Attorney General: Constitutional challenges received during the months of May and July, 2005, to Judiciary.
F. From the Office of the Attorney General: Supplements to constitutional challenges received during the months of May and June 2005, to Judiciary.
G. From Kentucky Employers’ Mutual Insurance (KEMI): Amended bylaws for Kentucky Employers’ Mutual Insurance, to Labor and Industry.
H. From Kentucky Employers’ Mutual Insurance KEMI): Statement of Solvency for the six months ended June 30, 2005, to Appropriations and Revenue and Labor and Industry.
I. From the Cabinet for Economic Development, Department of Financial Institutions: Loan data sheets for each loan approved as of the quarter ended June 30, 2005, to Appropriations and Revenue and Economic Development and Tourism.
J. From the Auditor of Public Accounts: Letter submitting performance audit reports of Adult Education programs in 46 counties for the fiscal year ending June 30, 2004, to Education.
K. From the Kentucky Commission on the Deaf and Hard of Hearing: TDD Distribution Annual Report for the fiscal year 2004-2005, to Education and Energy.
L. From the Cabinet for Health and Family Services: FY 2005 Assisted Living Revenue and Expenditure Report, to Appropriations and Revenue and Health and Welfare.
M. From the Kentucky Judicial Form Retirement System: Judicial Retirement Plan Operating Statement - Fiscal 2004-2005 and Legislators Retirement Plan Operating Statement, to Appropriations and Revenue and State Government.
N. From the Cabinet for Health and Family Services, Office of the Inspector General: Medicaid Fraud and Abuse Report for the Period of July 1, 2004, through June 30, 2005, to Health and Welfare.
O. From the Environmental and Public Protection Cabinet: PSTEAF Facilities Status Report and Status of Cleanup Process, to Agriculture and Natural Resources.
P. From Kentucky Employers’ Mutual Insurance (KEMI): Quarterly Statement of the Kentucky Employers’ Mutual Insurance Authority for the Period of June 30, 2005. (Staff suggested committee referrals, to Appropriations and Revenue and Labor and Industry.
Q. From the Kentucky Tobacco Research & Development Center: Quarterly Report for April 1-June 30, 2005, to Agriculture and Natural Resources.
R. From the Auditor of Public Accounts: Examination of Certain Processes, Controls, and Transactions of the City of Georgetown, to Appropriations and Revenue and Local Government.
S. From the University of Kentucky: Capital Construction Report, Fiscal Year 2004-2005, to Appropriations and Revenue.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Marie Keene Guthrie.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Joel D. Wilson.
C. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Leonard Wilson Gray, Sr.
D. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Anna C. Kopser.
E. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Hannah Catherine Stipe Anderson.
F. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Florence K. Johns.
G. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Richard Gerald Thompson.
H. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Thomas Eugene Spragens, Jr.
I. A RESOLUTION adjourning the Legislative Research Commission in honor of Worthington First Baptist Church.
J. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Beulah Mae Lowery Fain.
K. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of LCpl. Chase Johnson Comley.
L. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Carlene Thom.
M. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Thomas Dailey Smither.
There being no further business, the meeting was adjourned at 1:45 p.m.