The 519th meeting of the Legislative Research Commission was held on Wednesday, October 4, 2006, at 1:30 PM, in Room 125 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, Joe Barrows, Larry Clark, Robert R Damron, 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 asked if there was a motion to approve the minutes of the June 7, 2006, meeting; accept and refer as indicated items A. through O. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through N. under New Business; accept and refer as indicated items 1. through 66. under Communications, and approve Resolutions A. through M. A motion was made by Senator Pendleton and seconded by Senator Sanders. 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 June, July, August, and September 2006.
B. Committee activity report for June, July, August, and September 2006.
C. Committee report of the Administrative Regulation Review Subcommittee meetings of June 13, July 11, August 8, and September 12, 2006.
D. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of June 21, July 24, and September 20, 2006.
E. Committee review of administrative regulations by the Interim Joint Committee on State Government during its meeting of July 26, 2006.
F. Committee review of administrative regulations by the Interim Joint Committee on Labor and Industry during its meeting of August 10, 2006.
G. Committee review of executive reorganization orders APA-06-01; 2006-679; 2006-680; and 2006-684 by the Interim Joint Committee on State Government during its meeting of June 26, 2006.
H. Committee review of Executive Reorganization Order 2006-678 by the Interim Joint Committee on Local Government during its meeting of June 28, 2006.
I. Committee review of Executive Reorganization Order 2006-682 and Executive Reorganization Order 2006-685 by the Interim Joint Committee on Transportation during its meeting of July 6, 2006.
J. Committee review of Executive Reorganization Order 2006-839 by the Interim Joint Committee on Transportation during its meeting of September 5, 2006.
K. Committee review of Executive Reorganization Order 2006-693 by the Interim Joint Committee on Heath and Welfare during its meeting of July 24, 2006.
L. Committee review of FY 2006 Community Development Block Grant Application by the Interim Joint Committee on Local Government during its meeting of June 28, 2006.
M. Committee review of FFY 07 Low Income Heating Assistance Program Block Grant Application by the Special Subcommittee on Energy during its meeting of June 16, 2006.
N. Committee review of FFY 2007 Substance Abuse Prevention and Treatment Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of July 20, 2006.
O. Committee review of FY 2007 Title V Maternal and Child Health Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of July 20, 2006.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 121 (relating to horses to Agriculture and Natural Resources; BR 69 (relating to nonprofit agencies and work centers serving the blind or severely disabled; BR 96 (relating to sales and use taxes; BR 112 (relating to the taxation of marijuana and controlled substances and making an appropriation; and BR 137 (relating to revenue and taxation to Appropriations and Revenue; BR 70 (relating to basic reparations benefits; and BR 95 (relating to failure to maintain security on a motor vehicle as required by Subtitle 39 of KRS Chapter 304 to Banking and Insurance; BR 33 (relating to the reference of historical time and dates; BR 48 (relating to the reference of historical time and dates; BR 98 (relating to the Students with Special Needs Scholarship Program; and BR 136 (relating to a student’s license or permit to operate a motor vehicle to Education; BR 28 (relating to names; BR 29 (relating to domestic relations; BR 35 (relating to criminal record expungement; BR 43 (relating to public safety; BR 55 (relating to child protection; BR 84 (relating to civil rights; BR 108 (relating to civil actions; BR 153 (relating to crimes and punishments; and BR 172 (naming the judicial center in Henderson County the “Gross Clay Lindsay Henderson County Judicial Center.” to Judiciary; BR 60 (relating to the minimum wage; and BR 148 (relating to the minimum wage to Labor and Industry; BR 74 (relating to gaming and making an appropriation therefor to Licensing and Occupations; BR 39 (relating to the display of the flag of the United States of America; BR 83 (urging the U.S. Congress to pass the Public Expression of Religion Act of 2005 (H.R. 2679, which proposes to amend sections of the U.S. Code to limit relief for Establishment Clause actions; and BR 144 (relating to state employee annual increments to State Government.
B. 301 KAR 1:031 (Land Between the Lakes provisions; 301 KAR 1:032 (Repeal of 301 KAR 1:030; 301 KAR 1:140 (Special commercial fishing permit; 301 KAR 2:075 Wildlife rehabilitation permit; 301 KAR 2:251 (Hunting and trapping seasons and limits for furbearers and small game; 301 KAR 5:050 (Purchasing licenses electronically; 921 KAR 4:118 & E. (Weatherization assistance for low income persons to Agriculture and Natural Resources; 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 21:015 (Code of ethical conduct; 201 KAR 21:025 (Board; officers, duties; 201 KAR 21:051 (Board hearings; complaints; 201 KAR 21:055 (Colleges and universities; accreditation, approval; 201 KAR 21:085 (Preceptorship program; 201 KAR 21:100 (Minimum standards for recordkeeping/itemized statements; 902 KAR 20:390 (Paid feeding assistants; 908 KAR 3:050 & E. (Per diem rate pursuant to KRS 210.710-760; 921 KAR 1:380 (Child Support Program application and interstate process; 921 KAR 1:390 (Child Support Program paternity establishment; 921 KAR 1:400 (Establishment, review, and modification of child support and medical support orders to Health and Welfare; 503 KAR 4:040 (Required instructor training; 503 KAR 4:050 (Required content and conduct of the applicant training course to Judiciary; 201 KAR 15:110 & E. (Funeral establishment criteria; 810 KAR 1:009 (Jockeys and apprentices; and 902 KAR 20:074 & E. (Operation and services; outpatient health care center; 902 KAR 20:390 (Paid feeding assistance to Licensing and Occupations.
C. From Senator Brett Guthrie and Representative Hubert Collins, Co-Chairs, Interim Joint Committee on Transportation: Memorandum requesting approval to meet on November 9, 2006, rather than the regular scheduled meeting date of November 7, 2006. There are no apparent conflicts.
D. From Senator Gary Tapp and Representative Denver Butler, Co-Chairs, Interim Joint Committee on Licensing and Occupations: Memorandum requesting approval to meet on November 17, 2006, rather than the regular scheduled meeting date of November 10, 2006. There is a conflict for one member.
E. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting authorization for and approval of the memberships of the subcommittees on Families and Children; Women’s Health; and Aging, Disabilities, Independent Living, and Long-Term Care.
F. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on October 18, 2006, rather than the regular scheduled meeting date of October 26, 2006. There are no apparent conflicts.
G. From Senator Tom Buford and Representative James Bruce, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meet on October 19, 2006, rather than the regular scheduled meeting date of October 24, 2006. Times of other meetings with conflicting memberships have been adjusted to avoid conflicts.
H. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum requesting authorization for the President and Speaker to determine approvals of videoconferenced committee meetings, each in regard to their respective chamber memberships.
I. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum requesting approval of the 2007 Regular Session Calendar.
J. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum requesting approval of the issuance of a Request for Proposal RFP for a personal service contract to study and evaluate the formula for allocating state transportation funds to Kentucky’s school districts and the operations of Kentucky’s student transportation systems; and delegating joint authority to the LRC Co-Chairs to select the consultant for engagement through personal service contract.
K. From Bobby Sherman: Memorandum requesting approval of prefiling deadlines for the 2007 Regular Session.
L. From Bobby Sherman: Memorandum requesting approval of dates for the 2006 New Member Orientation.
M. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum recommending that the Legislative Research Commission partner with the Council of State Governments to host the 2008 Spring Meeting of CSG in Kentucky.
N. From President David L. Williams and Speaker of the House Jody Richards: Memorandum recommending appointments of individuals to the Local Superintendents Advisory Council.
COMMUNICATIONS
1. From the Department of Revenue: 2006 County Real Estate Exemption List, pursuant to KRS 132.220, to Appropriations and Revenue and Local Government.
2. From the Cabinet for Health and Family Services, Office of the Inspector General: Fiscal Year 2006 Medicaid Fraud and Abuse Report, to Health and Welfare and Appropriations and Revenue.
3. From the Kentucky Employers’ Mutual Insurance: Statement of Income as of June 30, 2006, to Appropriations and Revenue and Labor and Industry.
4. From the Kentucky Employers’ Mutual Insurance: Statement of Solvency for the three months ended March 31, 2006, to Appropriations and Revenue and Labor and Industry.
5. From the Cabinet for Economic Development, Department of Financial Incentives: Kentucky Enterprise Initiative Act Annual Report for the period from January 1 through June 30, 2006, to Appropriations and Revenue and Economic Development and Tourism.
6. From the Cabinet for Economic Development, Department for Financial Incentives: Loan data sheets for each loan approved as of the quarter ended June 30, 2006, to Appropriations and Revenue and Economic Development and Tourism.
7. From the Transportation Cabinet: Summary of findings of the FY 2005 statewide single audit of the Transportation Cabinet and the Cabinet’s implementation efforts to date, to Appropriations and Revenue and Transportation.
8. 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 periods of: month of April 2006, year-to-date activity for the period of July 1, 2005, through April 30, 2006; month of July 2006, year-to-date activity for the period of July 1, 2006, through July 31, 2006; and month of August 2006, and year-to-date activity for the period July 1, 2006, through August 31, 2006, to Appropriations and Revenue and Local Government.
9. From the Kentucky Commission on the Deaf and Hard of Hearing: TDD Distribution Program Annual Report for the Fiscal Year 2005-2006, to Appropriations and Revenue and Education.
10. From the Office of Workers’ Claims: Quarterly Activity Reports for January-March 2006 and April-June 2006, to Labor and Industry.
11. From the Office of the Attorney General: Constitutional challenge reports for April, May, June (plus June supplement), and July 2006, to Judiciary.
12. From the Cabinet for Health and Family Services: FY 2006 Assisted Living Revenue and Expenditure Report, to Appropriations and Revenue and Health and Welfare.
13. From the Finance and Administration Cabinet: Monthly Investment Income Report for May 2006 and June 2006, to Appropriations and Revenue.
14. From the Cabinet for Economic Development, Department of Financial Incentives: FY 2006 Agricultural Warehousing Sites Cleanup Fund Annual Report, to Agriculture and Natural Resources and Appropriations and Revenue.
15. From the Cabinet for Economic Development, Department of Financial Incentives: FY 2006 Kentucky Enterprise Zone Authority Annual Report, to Economic Development and Tourism and Appropriations and Revenue.
16. From the Cabinet for Economic Development: FY 2006 Annual Report of the Kentucky Commission on Small Business Advocacy, to Economic Development and Tourism and Agriculture and Natural Resources.
17. From the University of Kentucky: Kentucky Tobacco Research & Development Center Quarterly Report for April − June 30, 2006, to Agriculture and Natural Resources.
18. From the University of Kentucky: FY 2006 Capital Construction Report, to Appropriations and Revenue and Education.
19. From the Cabinet for Health and Family Services: 2006 Annual Child Fatality/Near Fatality Report, to Health and Welfare.
20. From the University of Kentucky, Lucille Parker Markey Cancer Center: Kentucky Lung Cancer Research Program FY 2006 Annual Report, to Health and Welfare and Appropriations and Revenue.
21. From the Kentucky Commerce Cabinet: 2006 Annual Report on the revenue and expenditures from the 1% transient room tax for tourism promotion, to Appropriations and Revenue and Economic Development and Tourism.
22. From the Office of the Governor, Governor’s Scholars Program: 2005 Independent Auditor’s Report, to Appropriation and Revenue and Education.
23. From the Cabinet for Economic Development: Kentucky Investment Capital Network 2006 Annual Report, to Appropriations and Revenue and Economic Development and Tourism.
24. From the Kentucky HIV/AIDS Planning and Advisory Council: FY 2006 Year-End Report, to Health and Welfare.
25. From the Kentucky Employers’ Mutual Insurance: KEMI’s 2005 Annual Report, to Appropriations and Revenue and Labor and Industry.
26. From the Auditor of Public Accounts: Review of the Cash Handling Procedures, Procard Procedures, and Payroll Procedures for the Kentucky Office of Insurance, to Appropriations and Revenue and Banking and Insurance.
27. From the Auditor of Public Accounts: Statewide Single Audit of the Department of Agriculture for the year ended June 30, 2005, to Appropriations and Revenue and Agriculture and Natural Resources.
28. From the Auditor of Public Accounts: Statewide Single Audit of the Department of Workforce Investment for the year ended June 30, 2005, to Appropriations and Revenue, Education, Economic Development and Tourism, and Labor and Industry.
29. From the Auditor of Public Accounts: Statewide Single Audit of the Department of Fish and Wildlife Resources for the year ended June 30, 2005, to Appropriations and Revenue and Agriculture and Natural Resources.
30. From the Auditor of Public Accounts: Statewide Single Audit of the Department of Parks for the year ended June 30, 2005, to Appropriations and Revenue and Economic Development and Tourism.
31. From the Auditor of Public Accounts: Statewide Single Audit of the Finance and Administration Cabinet for the year ended June 30, 2005, to Appropriations and Revenue.
32. From the Auditor of Public Accounts: Statewide Single Audit of the Justice Cabinet for the year ended June 30, 2005, to Appropriations and Revenue and Judiciary.
33. From the Auditor of Public Accounts: Review of the Cash Handling Procedures, Procard Procedures, and Payroll Procedures for the Office of Charitable Gaming, to Appropriations and Revenue and Licensing and Occupations.
34. From the Auditor of Public Accounts: Statewide Single Audit of the Cabinet for Health and Family Services for the year ended June 30, 2005, to Appropriations and Revenue and Health and Welfare.
35. From the Auditor of Public Accounts: Statewide Single Audit of the Department of Corrections for the year ended June 30, 2005, to Appropriations and Revenue and Judiciary.
36. From the Auditor of Public Accounts: Statewide Single Audit of the Transportation Cabinet for the year ended June 30, 2005, to Appropriations and Revenue and Transportation.
37. From the Auditor of Public Accounts: Statewide Single Audit of the Cabinet for Economic Development for the year ended June 30, 2005, to Appropriations and Revenue and Economic Development and Tourism.
38. From the Auditor of Public Accounts: Statewide Single Audit of the Department of Revenue for the year ended June 30, 2005, to Appropriation and Revenue.
39. From the Auditor of Public Accounts: Statewide Single Audit of the Department of Veterans Affairs for the year ended June 30, 2005, to Appropriations and Revenue and Seniors, Veterans, Military Affairs, and Public Protection.
40. From the Auditor of Public Accounts: Statewide Single Audit of the Personnel Cabinet for the year ended June 30, 2005, to Appropriations and Revenue and State Government.
41. From the Auditor of Public Accounts: Report of the Statewide Single Audit of the Commonwealth of Kentucky for the year ended June 30, 2005, to Appropriations and Revenue and State Government.
42. From the Auditor of Public Accounts: Report of the Audit of the Ohio Valley Educational Cooperative for the year ended June 30, 2005, to Appropriation and Revenue and Education.
43. From the Auditor of Public Accounts: Report of the Audit of the Green River Regional Educational Cooperative, Inc. for the year ended June 30, 2005, to Appropriation and Revenue and Education.
44. From the Auditor of Public Accounts: Report of the Audit of the Badgett Regional Cooperative for Educational Enhancement, Inc. for the year ended June 30, 2005, to Appropriations and Revenue and Education.
45. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Artisan Center at Berea for the year ended June 30, 2005, to Appropriations and Revenue and Economic Development and Tourism.
46. From the Auditor of Public Accounts: Report of the Audit of the Central Kentucky Education Cooperative for the year ended June 30, 2005, to Appropriations and Revenue and Education.
47. From the Auditor of Public Accounts: Statewide Single Audit of the Department of Military Affairs for the year ended June 30, 2005, to Appropriations and Revenue and Seniors, Veterans, Military Affairs, and Public Protection.
48. From the Auditor of Public Accounts: Statewide Single Audit of the Office of Homeland Security for the year ended June 30, 2005, to Appropriations and Revenue and Seniors, Veterans, Military Affairs, and Public Protection.
49. From the Auditor of Public Accounts: Statewide Single Audit of the Department of Education for the year ended June 30, 2005, to Appropriations and Revenue and Education.
50. 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 year ended June 30, 2005, to Appropriations and Revenue and Judiciary.
51. From the Auditor of Public Accounts: Kentucky Jails - Financial Overview Volume I and Volume II, February 2006, to Appropriations and Revenue and Judiciary.
52. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Valley Educational Cooperative for the year ended June 30, 2005, to Appropriations and Revenue and Education.
53. From the Auditor of Public Accounts: Report of the Audit of the Western Kentucky Educational Cooperative for the year ended June 30, 2005, to Appropriations and Revenue and Education.
54. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Office of Insurance, Kentucky Access Program, for the year ended June 30, 2005, to Appropriations and Revenue and Banking and Insurance.
55. From the Auditor of Public Accounts: Review of the Cash Handling Procedures, Procard Procedures, and Payroll Procedures for the Office of Financial Institutions, to Appropriations and Revenue.
56. From Auditor of Public Accounts: Audit of the Northern Kentucky Cooperative for Educational Services, Inc., for the year ended June 30, 2005, to Appropriations and Revenue and Education.
57. From the Auditor of Public Accounts: Audit of the Kentucky Educational Development Corporation for the year ended June 30, 2005, to Appropriation and Revenue and Education.
58. From the Auditor of Public Accounts: Report of the Examination of the Lease Law Compliance Made Pursuant to KRS 43.050(2)E. for the years ended June 30, 2004 and 2005, to Appropriations and Revenue.
59. From Kentucky Employers’ Mutual Insurance: Quarterly Statement as of March 31, 2006, to Appropriations and Revenue and Labor and Industry.
60. From the Personnel Cabinet: 2005 State-Wide Turnover Report, to State Government.
61. From the Kentucky Judicial Form Retirement System: FY 2006 Operating Statements for the Judicial Retirement Fund and Legislators’ Retirement Fund, to Appropriations and Revenue and State Government.
62. From the Department of Education: Biennial plan for validation studies and findings due September 2005, to Education.
63. From the Administrative Office of the Courts: Kentucky Citizen Foster Care Review Board FY 2005 Annual Report, to Health and Welfare and Judiciary.
64. From the Environmental and Public Protection Cabinet, Office of the Secretary: Status of Cleanup Process inventories for May and September 2006, to Agriculture and Natural Resources.
65. From Senator Dan Kelly on behalf of the Collaborative Center for Literacy Development (CCLD: CCLD) 2006 Annual Report, to Education.
66. 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 Harold A. “Hal” Ries.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of William R. LeGrand.
C. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of James A. Dressman, Jr.
D. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Dr. Joseph Humpert.
E. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of James M. Caldwell.
F. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Mary Kathryn “Kitty” Flaig.
G. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Paul William Hemmer, Sr.
H. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Thomas Monroe Routt.
I. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Julian William “Knip” Knippenberg.
J. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Marine Corporal Tyler Warndorf.
K. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Bruce Lewis.
L. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Thomas "Mike" Scheben.
M. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of colleague David Ross Hourigan.