The 517th meeting of the Legislative Research Commission was held on Wednesday, December 7, 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, Dan Seum, Katie Stine, 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 Hill.
Senator 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 October 5, 2005, meeting; accept items A. through J. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. and D. under New Business; accept and refer as indicated items A. through BB. under Communications; and approve Resolutions A. through F. A motion was made by Senator Seum and seconded by Representative Clark. 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 2005.
B. Committee activity report for October and November 2005.
C. Committee reports of the Administrative Regulation Review Subcommittee meetings of October 11 and November 8, 2005.
D. Committee review of administrative regulations by the Interim Joint Committee on Local Government during its meeting of November 16, 2005.
E. Committee review of administrative regulations by the Interim Joint Committee on State Government during its meeting of October 11, 2005.
F. Committee review of Executive Reorganization Order 2005-891, relating to the reorganization of the Personnel Cabinet, by the Interim Joint Committee on State Government during its meeting of October 11, 2005.
G. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of October 19 and November 16, 2005.
H. Committee review of FY 2006 Substance Abuse Prevention and Treatment Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of October 19, 2005.
I. Committee review of the Audit of the City of Georgetown by the Interim Joint Committee on Local Government during its meeting of September 28, 2005.
J. Committee review of FY 2006-07 Temporary Assistance of Needy Families Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of November 16, 2005.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 430 (relating to weights and measures); BR 432 (relating to tobacco warehouses); BR 355 (relating to recyclers); and BR 897 (relating to agritourism) to Agriculture and Natural Resources; BR 200 (relating to the Central Kentucky Blood Center and making an appropriation therefor); BR 210 (relating to the taxation of tobacco products, making an appropriation therefor, and declaring an emergency); BR 377 (relating to volunteer fire department fuel expenses); and BR 473 (relating to sales tax) to Appropriations and Revenue; BR 211 (relating to medical malpractice insurance) and BR 805 (relating to failure to maintain security on a motor vehicle as required by Subtitle 39 of KRS Chapter 304) to Banking and Insurance; BR 423 (relating to tax increment financing) to Economic Development and Tourism; BR 95 (relating to the safety, learning, and well-being of students); BR 252 (relating to employees in the Kentucky Community and Technical College System); BR 343 (directing a study of cost of college textbooks); BR 370 (relating to the Kentucky educational excellence scholarship program and declaring an emergency); BR 817 (relating to the primary program); and BR 819 (relating to the primary program) to Education; BR 361 (relating to municipal power agencies) to Energy; BR 180 (relating to nursing); BR 194 (relating to health care); BR 246 (relating to importation of prescription drugs); BR 249 (relating to the donation of food); BR 257 (relating to Medicaid services); BR 273 (relating to Medicaid reimbursement to decrease tobacco dependency); BR 336 (recommending that the Cabinet for Health and Family Services update the Department for Community Based Services by employing modern technology, business processes, and evidenced-based practice to improve customer access, data integrity, processing accuracy, and accountability to taxpayers and the General Assembly); and BR 489 (relating to youth smoking) to Health and Welfare; BR 8 (relating to criminal record expungement); BR 26 (relating to jurors); BR 77 (relating to the removal of Social Security numbers from marriage licenses); BR 112 (relating to the use of juries in competency hearings conducted in guardianship proceedings); BR 137 (relating to substances in the body); BR 253 (relating to the taking of private property); BR 263 (relating to crimes and punishments); BR 305 (relating to hardship driver’s licenses); BR 311 (relating to the taking of private property); and BR 366 (relating to terroristic threatening) to Judiciary; BR 152 (relating to the construction of education buildings and related facilities); BR 368 (relating to workers’ compensation); and BR 471 (relating to hiring persons who are not United States citizens) to Labor and Industry; BR 407 (relating to engineers) to Licensing and Occupations; BR 89 (relating to the Firefighters Foundation Program Trust Fund); BR 233 (relating to the medical expenses of county jails); BR 244 (relating to payments of fines, forfeitures, taxes, or fees to county clerks); BR 261 (relating to mobile and recreational vehicle parks); BR 306 (relating to nuisances); BR 307 (relating to the compensation of municipal police officers); and BR 462 (changing the classification of the City of Taylorsville, in Spencer County) to Local Government; BR 435 (relating to a school employee on active military duty); BR 437 (relating to students called to military active duty); BR 467 (relating to members of the military); BR 477 (relating to tax credits for supplemental military pay); and BR 485 (relating to Kentucky National Guard and Reserve death benefits, declaring an emergency, and making an appropriation therefor) to Seniors, Veterans, Military Affairs, and Public Protection; BR 126 (relating to government contracts); BR 255 (designating the official state Daniel Boone portrait); BR 333 (relating to state employee travel reimbursement); BR 365 (relating to the issuance of bonds); BR 387 (relating to the public employee health insurance program); and BR 427 (relating to rural development) to State Government; BR 65 (relating to traffic regulations); BR 297 (relating to speed limits); BR 340 (relating to all terrain vehicles); BR 341 (relating to the off-road Motorcyle and ATV Commission); BR 433 (require the Transportation Cabinet to consider the installation of cable barriers on the Gene Snyder Freeway in Jefferson County); BR 476 (relating to graduated driver’s licenses for teenagers); BR 824 (relating to motor vehicle operator’s license fees); and BR 842 (relating to seat belt usage) to Transportation.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A:290(6): 302 KAR 70:020E (Temporary Suspension for Retail Fuel Dispensers); 401 KAR 42:320 (Hearings); and 401 KAR 42:326 (Repeal of 401 KAR 42:325) to Agriculture and Natural Resources; 907 KAR 1:022 & E. (Nursing facility services and intermediate care facility for individuals with mental retardation or a developmental disability services); 907 KAR 1:061 & E. (Payments for ambulance transportation); and 907 KAR 1:604 & E. (Recipient cost-sharing) to Appropriations and Revenue; 200 KAR 26:010 & E. (KGPA Operating procedures) to Energy; 201 KAR 9:021 (Medical and osteopathic schools approved by the board; denial or withdrawal of approval; application of KRS 311.271; postgraduate training); 201 KAR 20:215 (Continuing competency requirements); 902 KAR 95:010 (Definitions for 902 KAR Chapter 95); 902 KAR 95:020 (Radon regulation); 921 KAR 2:017 (Kentucky Works Supportive Services); 922 KAR 1:540 (Registration of a Foreign Adoption); 922 KAR 5:040 (Standards for state-funded domestic violence shelters); and 922 KAR 5:050 (Funding requirements for domestic violence shelters) to Health and Welfare; 501 KAR 6:040 (Kentucky State Penitentiary); 501 KAR 6:140 (Bell County Forestry Camp); 501 KAR 6:150 (Eastern Kentucky Correctional Complex); and 501 KAR 6:170 (Green River Correctional Complex) to Judiciary; 803 KAR 2:412 (Fall protection); 803 KAR 25:009 & E. (Procedure for adjustment or coal workers’ pneumoconiosis claims); and 803 KAR 25:089 (Worker’s Compensation Medical Fee Schedule for Physicians) to Labor and Industry; 32 KAR 1:020 & E. (Appointment of campaign treasurer and optional request for reporting exemption); 32 KAR 1:030 & E. (Election Finance statement forms; campaign contribution or expenditures in excess of $3,000); 32 KAR 1:041E. (Repeal of 32 KAR 1:040 and 1:180); 32 KAR 1:050 & E. (Political committee registration); 32 KAR 1:060 & E. (Report and contributions by a contributing organization); 32 KAR 1:070 & E. (Waiver from filing candidate’s report); 32 KAR 1:080 & E. (Report of an independent expenditure); 32 KAR 1:100 & E. (Slate software); 32 KAR 1:190 & E. (Forms for gubernatorial slates of candidates and related filers); 32 KAR 2:070 & E. (Fundraiser registration); 32 KAR 2:091E. (Repeal of 32 KAR 2:090; and 32 KAR 2:140); 32 KAR 2:170 & E. (In-kind contributions); and 32 KAR 2:220 & E. (Electronic reporting file and test file compliance procedure) to State Government.
C. From Senate President David L. William and House Speaker Jody Richards: Memorandum appointing Senator Alice Forgy Kerr as Senate Co-Chair to the Task Force on Economic Development of the Interim Joint Committee on Economic Development and Tourism.
D. From Senator Robert Stivers and Representative Tanya Pullin, Co-Chairs of the Special Subcommittee on Energy: Memorandum requesting permission for the subcommittee to meet on Friday, December 16, 2005, in order to complete the receipt of testimony pertaining to a natural gas issue. There are no apparent conflicts.
COMMUNICATIONS
A. Submission of the interim report of the Kentucky Broadband Task Force as required by 2004 House Bill 627 to Energy.
B. From the Office of the Attorney General: Constitutional Challenge Reports for August, September, and October 2005, to Judiciary.
C. From the Teachers’ Retirement System of Kentucky: Report of activities during the 2004-2005 fiscal year in making in-state investments, to Appropriations and Revenue and Education.
D. From the Cabinet for Economic Development: Local Government Economic Development Fund Biennial Report, to Appropriation and Revenue and Economic Development and Tourism.
E. From the Cabinet for Economic Development Finance Authority: Construction Activity Report for July, August, and September 2005, to Appropriation and Revenue and Economic Development and Tourism.
F. From the Kentucky Employers’ Mutual Insurance Authority: Statement of Assets, Liabilities, and Surplus as of September 30, 2005, to Appropriations and Revenue and Labor and Industry.
G. From the Environmental and Public Protection Cabinet: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending September 30, 2005, to Appropriations and Revenue and Labor and Industry.
H. From the Kentucky Higher Education Student Loan Corporation: Financial Statements as of June 30, 2005, to Appropriation and Revenue and Education.
I. From the Finance and Administration Cabinet, Office of the Controller: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Programs for the year-to-date activity for the periods July 1 through September 31, 2005, and July 1 through October 31, 2005, to Appropriations and Revenue and Local Government.
J. From the Office of the Governor: Quarterly Financial Reports for the Governor’s Scholars Program, Inc., to Appropriations and Revenue and Education.
K. From the Cabinet for Economic Development: The Agricultural Warehousing Sites Cleanup Fund Annual Report for the period from July 1, 2004, through June 30, 2005, to Agriculture and Natural Resources.
L. From the Cabinet for Economic Development: Bluegrass Skills Corporation Annual Report for activities for FY 2004-05, to Appropriation and Revenue and Economic Development and Tourism.
M. From the Kentucky Office of Workers’ Claims: Quarterly Report for July-September 2005, to Labor and Industry.
N. From the Finance and Administration Cabinet: Monthly Investment Income Report for September and October 2005, to Appropriations and Revenue.
O. From the Personnel Cabinet: 2005 Annual Report from the Kentucky Group Health Insurance Board, to Banking and Insurance and Health and Welfare. From the Teachers’ Retirement System of Kentucky: 2004-05 Annual Report, to Appropriations and Revenue and Education.
P. From the Kentucky Commission on Services and Supports for Individuals with Mental Illness, Alcohol and Other Drug Abuse Disorders, and Dual Diagnosis: 2005 Annual Report, to Health and Welfare.
Q. From the Kentucky Employers’ Mutual Insurance: 2006 Administrative Budget, to Appropriations and Revenue and Labor and Industry.
R. From the University of Kentucky: Financial statements of the University of Kentucky and its affiliated corporations for the fiscal year ended June 30, 2005, to Appropriations and Revenue.
S. From the Kentucky Board of Medical Licensure: Annual Report for Fiscal Year 2004-05, to Health and Welfare.
T. From the Kentucky Tobacco Research & Development Center: Quarterly Report for July 1 - September 30, 2005, to Agriculture and Natural Resources.
U. From the Kentucky Department of Education: Report of annual audits of school districts for the 2003-04 school year, to Appropriations and Revenue and Education.
V. From the Kentucky Heritage Land Conservation Fund Board: 2005 Annual Report, to Agriculture and Natural Resources.
W. From the Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement for the period ended September 30, 2005, to Appropriations and Revenue and Labor and Industry.
X. From the Transportation Cabinet: Annual Report for Fiscal Year 2005, to Transportation.
Y. From the Finance and Administration Cabinet, Kentucky Higher Education Assistance Authority: Fiscal Year 2005 Actuarial Valuation and Fiscal Year 2005 Audited Financial Statements for Kentucky’s Affordable Prepaid Tuition (KAPT) Program, to Appropriations and Revenue and Education.
Z. From the Kentucky Office of Workers’ Claims: Annual Report for Fiscal Year 2004-05, to Labor and Industry.
AA. From the Kentucky Legislative Ethics Commission: Annual Report FY 2004-05; to State Government.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Mark Alan Fitzgerald.
B. A RESOLUTION memorializing Ralph Jackson Watts.
C. A RESOLUTION memorializing John F. “Jack” Curtin, Jr.
D. A RESOLUTION memorializing Robert J. Wagner.
E. A RESOLUTION memorializing Jonathan “Jonny Mac” McCullough.
F. A RESOLUTION memorializing Jay Franklin Taylor.
Representative Richards pointed out the Resolution in loving memory and honor of Mark Alan Fitzgerald, who was a former member of the House of Representatives. There being no further business, the meeting was adjourned at 1:50 p.m.