The 516th meeting of the Legislative Research Commission was held on Wednesday, October 5, 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, Richie Sanders Jr, Dan Seum, Katie Stine, and Johnny Ray Turner; Representatives Rocky Adkins, Joe Barrows, Robert R Damron, Bob M DeWeese, 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 September 7, 1995, meeting; accept items A. through F. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through H. under New Business; accept and refer as indicated items A. through M. under Communications; and approve resolutions A. through D. A motion was made by Representative DeWeese and seconded by Representative UpChurch. 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 September 2005.
B. Committee activity report for September 2005.
C. Committee report of the Administrative Regulation Review Subcommittee meeting of September 13, 2005.
D. Committee report of the Education Assessment and Accountability Review Subcommittee meeting of September 7, 2005, regarding administrative regulation review.
E. Committee review of Executive Reorganization Order 2005-779, which reorganizes the Cabinet for Health and Family Services, by the Interim Joint Committee on Health and Welfare during its meeting of September 21, 2005.
F. Committee review of FY 2006 Community Mental Health Services Performance Partnership Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of September 21, 2005.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 202 (relating to franchise agreements and declaring an emergency) to Appropriations and Revenue; BR 303 (relating to credit reports) to Banking and Insurance; BR 93 (relating to drivers’ licenses) and BR 330 (relating to teacher retirement) to Education; BR 113 (relating to caregivers), BR 213 (relating to genetic and metabolic disorders), BR 220 (relating to electronic health information), and BR 323 (relating to organ and tissue donation) to Health and Welfare; BR 91 ( relating to unlawful practices by employers), BR 92 (relating to sexual offenders), BR 212 (relating to crimes and punishments), BR 298 (relating to jury service), BR 299 (relating to termination of parental rights), BR 308 (relating to the investigation of traffic accidents), BR 314 (relating to the right of privacy), and BR 356 (relating to county attorneys) to Judiciary; BR 279 (relating to air pollution control districts) to Local Government; BR 96 (relating to executive branch ethics), BR 181 (relating to smoking), BR 245 (proposing an amendment to Sections 30 and 31 of the Constitution of Kentucky relating to elections of the General Assembly), and BR 271 (designating the Clarkson Honeyfest as the official state honey festival) to State Government; BR 94 (directing the Kentucky Transportation Cabinet to include the Cumberland Gap and Trail of Tears automobile tours on the official Kentucky road map) and BR 251 (relating to the Kentucky Bicycle and Bikeway Commission) to Transportation; BR 347 (relating to military service members and their families and declaring an emergency) to Seniors, Veterans, Military Affairs, and Public Protection.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A:290(6): 301 KAR 1:015 (Boats and motor restrictions), 301 KAR 1:021 (Repeal of 301 KAR 1:020, 040, 056, 070, 075 and 090), 301 KAR 1:115 (Propagation of aquatic organisms), 301 KAR 1:150 (Waters open to commercial fishing), 301 KAR 1:201 (Fishing limits), and 301 KAR 1:410 (Taking of fish by other than traditional fishing methods) to Agriculture and Natural Resources; 907 KAR 1:031 & E. (Payments for home health services) and 907 KAR 1:045 & E. (Payments for community mental health center services) to Appropriations and Revenue; 806 KAR 17:390 (Benefits and disclosures in Medicaid supplement insurance policies), 806 KAR 17:400 (Marketing and sales practices in Medicare supplement insurance policies), 806 KAR 17:420 (Rates, premiums and loss ration requirements in Medicare supplement insurance policies) to Banking and Insurance; 703 KAR 5:020 (Formula for determining school accountability) and 703 KAR 5:130 (School district accountability) to Education; 201 KAR 20:056 (Advanced registered nurse practitioner registration, program, requirements, recognition of a national certifying organization), 201 KAR 20:057 (Scope and standards of practice of advanced registered nurse practitioners), 201 KAR 20:070 (Licensure by examination), 201 KAR 20:095 (Retired nurse licensure status), 201 KAR 20:110 (Licensure by endorsement), 201 KAR 20:161 (Investigation and disposition of complaints), 201 KAR 20:220 (Nursing continuing education provider approval), 201 KAR 20:225 (Reinstatement of license), 201 KAR 20:230 (Renewal of licenses), 201 KAR 20:370 (Applications for licensure and registration), 201 KAR 20:390 (Nursing Incentive Scholarship Fund), 201 KAR 20:411 (Sexual Assault Nurse Examiner Program standards and credential requirements), 201 KAR 20:480 (Licensure of graduates of foreign nursing schools), 902 KAR 20:320 & E. (Psychiatric residential treatment facility operation and services), 902 KAR 20:330 & E. (Psychiatric residential treatment facilities), 910 KAR 1:180 (Homecare program for the elderly), 921 KAR 2:015 (Supplemental programs for persons who are aged, blind, or have a disability), and 922 KAR 1:520 (High risk supplement for resource homes) to Health and Welfare; 502 KAR 13:010 (Certification under the Law Enforcement Officers Safety Act of 2004 (“LEOSA”), 18 U.S.C.A. 926C, for honorably retired Kentucky elected or appointed peace officers) to Judiciary; 803 KAR 3:060 (Procedures for electing and certifying exclusive representatives of police officers employed by urban-county or consolidated local governments and firefighters employed by urban-county governments) to Labor and Industry; 815 KAR 20:020 (Parts or materials list), 815 KAR 20:120 (Water supply and distribution), and 815 KAR 20:180 (Special connections) to Local Government.
C. From Senator Damon Thayer and Representative Steve Riggs, Co-Chairs, Interim Joint Committee on Local Government: Memorandum requesting approval to meet on November 16, rather than the regular meeting date of November 23. There are no apparent conflicts.
D. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on November 2, rather than the regular meeting date of November 24. There are no apparent conflicts, with an understanding that LRC would meet at 1:00 rather than 1:30 on November 2 (should LRC meet in that month).
E. From Senator Damon Thayer and Representative Charlie Hoffman, Co-Chairs, Task Force on Local Taxation: Memorandum requesting approval to meet through June 2006, and the deadline for recommendations be extended to July 1, 2006.
F. From Senator Gary Tapp and Representative Denver Butler, Co-Chairs, Interim Joint Committee on Licensing and Occupations: Memorandum requesting approval to meet on November 11, rather than the regular meeting date of November 18. There is a conflict for one member.
G. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum requesting approval to offer online public access to chamber roll call votes. A prototype system will be submitted by the LRC Director to the Co-Chairs of the Commission for their joint approval prior to January 3, 2006.
H. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum requesting authorization for and appointments to the Task Force on School Calendars and the Tourism Industry.
COMMUNICATIONS
A. From Senator Ernie Harris and Representative Tommy Thompson, Co-Chairs, Program Review and Investigations Committee: Memorandum notifying the Legislative Research Commission of the opportunity to appoint non-voting ex-officio members for a study topic of the Program Review and Investigations Committee.
B. From the Finance and Administration Cabinet: Monthly Investment Income Reports for July and August 2005, to Appropriations and Revenue.
C. From the Kentucky Personnel Board: Annual Report for Fiscal Year 2005, to State Government.
D. From the Cabinet for Health and Family Services: Annual report regarding compliance with KRS 214.450 to 214.464 and KRS 214.468 by federally licensed blood establishments in Kentucky, to Health and Welfare.
E. From the Cabinet for Health and Family Services: Annual Child Fatality/Near Fatality Report, to Health and Welfare.
F. From the Finance and Administration Cabinet: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Fund Programs for Fiscal Year 2005, July 2005, and August 2005, to Appropriations and Revenue and Local Government.
G. From the University of Kentucky: Kentucky Geological Survey, Summary of Activities of the Groundwater Monitoring Network, 2004-2005 Annual Report, to Agriculture and Natural Resources.
H. From the Department of Labor, Office of Workers’ Claims: Quarterly Activity Report April-June 2005, to Labor and Industry.
I. From the HIV/AIDS Advisory Council: Year-End Report dated September 12, 2005, to Health and Welfare.
J. From the Auditor of Public Accounts: State Contracts: Kentucky’s Administration and Management of Contracting for Service Workers, to State Government and Appropriations and Revenue.
K. From the Collaborative Center for Literacy Development: 2005 Annual Report, to Education.
L. From the Kentucky Department of Education: Early Childhood Development Authority Bi-Annual Report July 2003–June 2005, to Education.
M. From the Cabinet for Economic Development, Department of Financial Incentives: Kentucky Enterprise Zone Program Annual Report for Fiscal Year 2005, to Appropriations and Revenue and Economic Development and Tourism.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of David Purcell Dickens.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Mark Wayne Overton.
C. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Reverend Vivian C. Edwards, Jr.
D. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Dr. Charles Tabb Hazelrigg.
There being no further business, the meeting was adjourned at 1:45.