The 518th meeting of the Legislative Research Commission was held on Wednesday, June 7, 2006, 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: Senator David L Williams, Co-Chair; Representative Jody Richards, Co-Chair; Senators Dan Kelly, Joey Pendleton, Richie Sanders Jr., Katie Stine, and Johnny Ray Turner; 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.
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 December 7, 2005, meeting; accept and refer as indicated items A. through I. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through J. and L. and M.; accept and refer as indicated items 1. through 50. under Communications; and approve Resolutions A. through E. A motion was made by Representative Clark and seconded by Representative Hoover. 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 December 2005 through May 2006.
B. Committee activity report for May 2006.
C. Committee reports of the Administrative Regulation Review Subcommittee meetings of December 13, 2005; January 9, February 13, March 13, April 13, and May 11, 2006.
D. Committee review of administrative regulations by the House Standing Committee on Health and Welfare during its meetings of January 12, March 2, and March 9, 2006.
E. Committee review of administrative regulations by the Senate Standing Committee on Health and Welfare during its meetings of February 1, March 1, and March 8, 2006.
F. Committee review of FY 2007 Social Services Block Grant Application by the House Standing Committee on Health and Welfare during its meeting of March 23, 2006.
G. From the Education Assessment and Accountability Review Subcommittee: Transmittal of staff report, A Review of the School Facilities Construction Commission (Research Report No. 332; staff suggested committee referral: Education.)
H. From Robert Jenkins: Transmittal of staff report, A Study of Physician Assistant Licensure (Research Report No. 331; staff suggested committee referral: Health & Welfare.)
I. From the Task Force on School Calendars and Tourism: Report of the Task Force on School Calendars and the Tourism Industry (Research Report No. 499; staff suggested committee referral: Economic Development and Tourism and Education.)
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 17 (relating to crimes and punishments, to Judiciary; and BR 34 (relating to the official language of the Commonwealth, to State Government.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A:290(6): 301 KAR 2:142 (Spring wild turkey hunting); 301 KAR 4:050 (Swan Lake Unit of Boatwright Wildlife Management Area restrictions) to Agriculture and Natural Resources; 200 KAR 17:050 (Clean Water State Revolving Fund); 200 KAR 17:070 (Drinking Water State Revolving Fund); 907 KAR 1:044 (Community mental health services); and 907 KAR 1:715 & E. School-based health services); and 907 KAR 3:170 & E. (Telehealth services and reimbursement) to Appropriations and Revenue; 304 KAR 1:040 (Campgrounds) to Economic Development and Tourism; 201 KAR 20:070 (Licensure by examination); 201 KAR 20:110 (Licensure by endorsement); 902 KAR 4:030 & E. (Newborn Screening Program) to Health and Welfare; 503 KAR 3:050 & E. (Telecommunications academy: graduation requirements; records); and 505 KAR 1:100 (Department of Juvenile Justice Policies and Procedures: admissions) to Judiciary; 201 KAR 27:005 (Definitions for 201 KAR Chapter 27); 201 KAR 27:007 (Powers and duties delegated to an executive director, inspector, or employee of the authority); 201 KAR 27:008 (License fees and applications for boxing, kickboxing, mixed martial arts event, and elimination event officials); 201 KAR 27:011 (General requirements for boxing and kickboxing shows); 201 KAR 27:012 (Wrestling show requirements); 201 KAR 27:016 (General requirements for mixed martial arts matches, shows, or exhibitions; 201 KAR 27:017 (Requirements for elimination events); 201 KAR 27:020 (Tickets); 201 KAR 27:031 (Repeal of 201 KAR 27:010, 27:013, 27:014, 27:015, and 27:030); 201 KAR 27:035 (Seconds); 201 KAR 27:040 (Managers); 201 KAR 27:045 (Judges); 201 KAR 27:050 (Announcers); 201 KAR 27:055 (Physicians); 201 KAR 27:060 (Referees); 201 KAR 27:065 (Promoters); 201 KAR 27:070 (Timekeeper); 201 KAR 27:090 (Trainers); and 810 KAR 1:070 & E. (Kentucky Thoroughbred Breeders’ Incentive Fund) to Licensing and Occupations.
C. From Senator Damon Thayer and Representative Charlie Hoffman, Co-Chairs, Task Force on Local Taxation: Memorandum requesting approval for two meetings in June to develop and approve recommendations and final report.
D. From Senator Alice Forgy Kerr and Representative Eddie Ballard, Co-Chairs, Interim Joint Committee on Economic Development and Tourism: Memorandum requesting approval to meet on June 23, 2006, in Owensboro, rather than the regular scheduled meeting date of June 15. There are no apparent conflicts.
E. From Senator Tom Jensen, Representative Tom McKee, and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting approval of three subcommittees, memberships, and co-chairs.
F. From Senator Ken Winters and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting approval of (1) three subcommittees, memberships, and co-chairs; (2) approval to meet on August 7 and December 4, 2006 (there are no apparent conflicts.; and (3) approval for the HCR 214 study completion date of October 15, 2006, to be extended to November 30, 2006.
G. From Senator Tom Buford and Representative Jim Bruce, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meet on September 11, 2006, in Louisville in conjunction with the Kentucky Bankers Association, rather than the regular scheduled meeting date of September 26. There is a potential conflict for five members.
H. From Senator Damon Thayer and Representative Mike Cherry, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting approval to meet on November 20, 2006, rather than the regular scheduled meeting date of November 22. There are no apparent conflicts.
I. From Senator Damon Thayer and Representative Steve Riggs, Co-Chairs, Interim Joint Committee on Local Government: Memorandum requesting approval to meet on November 20, 2006, rather than the regular scheduled meeting date of November 22. There are no apparent conflicts.
J. From Senator Damon Thayer and Representative Steve Riggs: Co-Chairs, Interim Joint Committee on Local Government: Memorandum requesting approval to meet on July 13, 2006, in Owensboro in conjunction with the summer meeting of the Kentucky County Judge/Executives and the Kentucky Magistrates/Commissioners Associations, rather than the regular scheduled meeting date of July 26 (there are no apparent conflicts); and approval to meet on October 5, 2006, in Lexington in conjunction with the annual meeting of the Kentucky League of Cities rather than the regular scheduled meeting date of October 25. There is a potential conflict for four members.
L. From Janie Miller, Deputy Director, LRC Budget Review: Memoranda requesting approval of the Final Budget Memoranda for Fiscal Year 2006-2008 for the Executive, Legislative, and Judicial Branch Budgets.
M. From President David L. Williams and Speaker Jody Richards: Memorandum designating members to represent Kentucky at the National Conference of Commissioners on Uniform State Laws for terms of four years.
COMMUNICATIONS
1. From Senator Ernie Harris and Representative Tommy Thompson, Co-Chairs, Program Review and Investigations Committee: Memorandum notifying the Commission, pursuant to KRS 6.905(3) of five Program Review studies instituted and of the statutory opportunity to appoint non-voting ex officio members.
2. From the Environmental and Public Protection Cabinet, Department of Labor: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarter Ending December 31, 2005, and March 31, 2006, to Labor and Industry.
3. From the Attorney General and Auditor of Public Accounts: Oversight Agencies’ 2006 Report to the General Assembly on activities of the Kentucky Employers’ Mutual Insurance Authority, to Appropriations and Revenue and Labor and Industry.
4. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for each loan approved as of the quarter ending March 31, 2006, to Appropriations and Revenue and Economic Development and Tourism.
5. From the Justice and Public Safety Cabinet: Evaluation and report on the ARAMARK Correctional Services Contract (a privatization contract in excess of $500,000), to State Government and Judiciary.
6. From the Department of Education: Transmittal of report regarding the status of the School Breakfast Program in the public schools, School Year 2005-2006, to Education.
7. From the Finance and Administration Cabinet, Kentucky Higher Education Assistance Authority: FY 2005 Annual Report, to Appropriations and Revenue and Education.
8. From the Office of the State Treasurer: Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2005, to Appropriations and Revenue and State Government.
9. From the Office of the State Treasurer: Supplementary Information to the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2005, to Appropriations and Revenue and State Government.
10. From the Finance and Administration Cabinet: Monthly Investment Income Reports for November and December 2005, and January through April 2006, to Appropriations and Revenue.
11. From the Council on Postsecondary Education: Information on students participating in the tuition and mandatory fee waiver program for foster or adopted children, to Health and Welfare and Education.
12. From the Justice and Public Safety Cabinet: 2005 Annual Carrying Concealed Deadly Weapons Report, to Judiciary.
13. From the Department of Mental Health and Mental Retardation Services: Traumatic Brain Injury Trust Fund Annual Report 2006, to Health and Welfare.
14. From the Attorney General’s Office: Constitutional Challenge Reports for November and December 2005, and January, February, and March 2006, to Judiciary.
15. 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 months November and December 2005, January, February, and March 2006, and year-to-date activity for the period July 1, 2005, through March 31, 2006, to Appropriations and Revenue and Local Government.
16. From the Cabinet for Health and Family Services: 2005 Annual Report on Elder Abuse, to Health and Welfare.
17. From the Justice and Public Safety Cabinet: 2006 JAG Application for federal funding, to Judiciary.
18. From the Environmental and Public Protection Cabinet: 2005 Annual Report of the Kentucky Health Care Improvement Authority, to Health and Welfare and Appropriations and Revenue.
19. From the Auditor of Public Accounts: Review of Finance and Administration Solicitation for Investigative and Pursuit Vehicles, to Appropriations and Revenue, State Government, and Transportation.
20. From the Auditor of Public Accounts: Report on State Contracts: Kentucky’s Administration and Management of Contracting for Service Workers, to Appropriations and Revenue and State Government.
21. From the Auditor of Public Accounts: Letter in reference to Reference to the Statewide Single Audit for the Cabinet for Health Services for the Year Ended June 30, 2004, to Appropriations and Revenue and Health and Welfare,
22. From the Auditor of Public Accounts: Report of the Audit of the Foundation for a Healthy Kentucky, Inc., for the Fiscal Year Ended June 30, 2004, to Appropriations and Revenue and Health and Welfare.
23. From the Auditor of Public Accounts: Review of the Cash Handling Process Procedures and Procard Process Procedures for the Office of Housing, Buildings, and Construction, to Appropriations and Revenue, Local Government, and State Government.
24. From the Auditor of Public Accounts: Special Report on Expanded Use of Direct Deposit for State Payments, to Appropriations and Revenue and State Government.
25. From the Auditor of Public Accounts: Study of the Local School Districts’ Flexible Spending Accounts Plan Year Ending 2003, to Appropriations and Revenue and Education.
26. From the Auditor of Public Accounts: Review of the Cash Handling Procedures, Procard Procedures, and Payroll Procedures for the Office of Alcoholic Beverage Control, to Appropriations and Revenue, Licensing and Occupations, and State Government.
27. From the Auditor of Public Accounts: Kentucky Executive Branch Ethics Commission Agreed-Upon Procedures Statements of Financial Disclosure for the Calendar Years 2003 and 2004, to Appropriations and Revenue and State Government.
28. From the Auditor of Public Accounts: Report of the Audit of the West Kentucky Educational Cooperative for the Fiscal Year Ended June 30, 2004, to Appropriations and Revenue and Education.
29. From the Auditor of Public Accounts: Report of the Special Purpose Forms (The “Closing Package”), of the Kentucky Horse Park for the Fiscal Year Ended June 30, 2005, to Appropriations and Revenue and Economic Development and Tourism.
30. From the Auditor of Public Accounts: Other Matters Letter to Management and Oversight Organizations of the Kentucky Horse Park for the Fiscal Year Ended June 30, 2005, to Appropriations and Revenue and Economic Development and Tourism.
31. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Lottery Corporation for the Years Ended June 30, 2004, and June 30, 2005, to Appropriations and Revenue and State Government.
32. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Horse Park for the Fiscal Year Ended June 30, 2005, to Appropriations and Revenue and Economic Development and Tourism.
33. From the Auditor of Public Accounts: Report of the Audit of the Kentucky River Authority for the Fiscal Year Ended June 30, 2005, to Appropriations and Revenue and State Government.
34. From the Auditor of Public Accounts: Report of the Special Purpose Forms (“Closing Package”) of the Kentucky River Authority for the Fiscal Year Ended June 30, 2005, to Appropriations and Revenue and State Government.
35. From the Auditor of Public Accounts: Report of the Agreed-Upon Procedures Engagement of the Kentucky Correctional Industries for the Period January 1, 2005, through July 31, 2005, to Appropriations and Revenue and Judiciary.
36. 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, 2005, to Appropriations and Revenue and Banking and Insurance.
37. From the Auditor of Public Accounts: Report of the Special Purpose Forms (The “Closing Package”), to Kentucky Access for the Year Ended June 30, 2005, to Appropriations and Revenue and Banking and Insurance.
38. From the Auditor of Public Accounts: Report on Compliance with Civil Rights Laws Including Agency Title VI Implementation Plans, Updates, and Compliance Reports as Required by KRS Chapter 344 for the Fiscal Year Ended June 30, 2005, to Appropriations and Revenue, Judiciary, and State Government.
39. From the Auditor of Public Accounts: Report of the Statewide Single Audit of the Commonwealth of Kentucky for the Fiscal Year Ended June 30, 2005, to Appropriations and Revenue.
40. From the Kentucky Tobacco Research Board: Annual Report of the Kentucky Tobacco Research and Development Center from July 1, 2004, to June 30, 2005, to Agriculture and Natural Resources.
41. From the Division of Waste Management: Statewide Solid Waste Management Report – 2004 Update, to Agriculture and Natural Resources.
42. From the Cabinet for Health and Family Services: Addendum to the 2005 Annual Report regarding federally licensed blood establishments in Kentucky, to Health and Welfare.
43. From the Kentucky Employers’ Mutual Insurance: Annual Statement and Letter of Actuarial Opinion for 2005, to Appropriations and Revenue and Labor and Industry.
44. From the Environmental and Public Protection Cabinet, Office of Insurance: 2005 Report on the Status of the Kentucky Access Program, to Banking and Insurance.
45. From the Environmental and Public Protection Cabinet, Kentucky State Nature Preserves Commission: 2006 Report on Kentucky’s Native Flora – Status and Trends of Rare Plants, to Agriculture and Natural Resources.
46. From the Council on Postsecondary Education: Institutional reports of student awareness activities with regard to AIDS prevention, to Health and Welfare and Education.
47. From the University of Kentucky, Center for Business and Economic Research: 2005 Kentucky Annual Economic Report, to Economic Development and Tourism.
48. From the Council on Postsecondary Education: Kentucky Data Research Initiative Report, to Education.
49. From the Office of the Governor, Governor’s Scholar Program: Governor’s Scholars Program 2005 Annual Report, to Education.
50. From the University of Kentucky, College of Agriculture: Kentucky Tobacco Research and Development Center Quarterly Report January 1 to March 30, 2006, to Agriculture and Natural Resources.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of John E, to “Jack” Lampe.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Donna Jo Clark.
C. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Donald Edward Maley.
D. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Richard Paul Schulte.
E. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of C, to M, to "Hop" Ewing.
There being no further business, the meeting was adjourned at 1:50 p.m.