The 523rd meeting of the Legislative Research Commission was held on Wednesday, October 3, 2007, at 1:30 PM, in Room 327 of the Capitol. 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, Dan Seum, Katie Stine, Johnny Ray Turner, and Ed Worley; Representatives Rocky Adkins, Bob M. DeWeese, Charlie Hoffman, and Stan Lee.
Guests: Doug Whitlock, President of Eastern Kentucky University.
LRC Staff: Bobby Sherman and Christy Glass.
Senator Williams 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 July 20, 2007, meeting; accept and refer as indicated items A. through M. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through R. under New Business; and accept and refer as indicated items 1. through 28. under Communications. A Motion was made by Senator Worley and seconded by Representative Richards. 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 from July 17 through September 30, 2007.
B. Committee Activity Report.
C. Reports of the Administrative Regulation Review Subcommittee meetings of July 9, August 14, and September 11, 2007.
D. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of August 15 and September 19, 2007.
E. Committee review of the 2007 Small Cities Community Development Block Grant Application by the Interim Joint Committee on Local Government during its meeting on July 13, 2007.
F. Committee review of the FY 2008 Substance Abuse Prevention and Treatment Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on September 19, 2007.
G. Committee review of the FY 2008 Community Mental Health Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on September 19, 2007.
H. Committee review of the FY 2008 Title V Maternal and Child Health Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on September 19, 2007.
I. Committee review of Executive Reorganization Order 2007-500, relating to the Personnel Cabinet, by the Interim Joint Committee on State Government during its meeting on July 25, 2007.
J. Committee review of Executive Reorganization Order 2007-502, relating to the Finance and Administration Cabinet, by the Interim Joint Committee on State Government during its meeting on July 25, 2007.
K. Committee review of Executive Reorganization Order 2007-566, relating to the Governor’s Office of Wellness and Physical Activity, by the Interim Joint Committee on Health and Welfare during its meeting on July 20, 2007.
L. Committee review of Executive Order 2007-501, relating to the Kentucky Department of Education, by the Interim Joint Committee on Education during its meeting on August 13, 2007.
M. Committee review of FY 2008-2009 Community Services Block Grant and Community Plan by the Interim Joint Committee on Health and Welfare during its meeting on August 15, 2007.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 238 (relating to animals) and BR 248 (relating to animals) to Agriculture and Natural Resources; BR 98 (relating to the limited liability entity tax); BR 114 (relating to income tax credits for small businesses); BR 220 (relating to taxation of military pay); and BR 244 (relating to public infrastructure authorities) to Appropriations and Revenue; BR 119 (relating to credit card applications and solicitations) to Banking and Insurance; BR 4 (relating to healthy kids); BR 50 (relating to postsecondary student financial aid); and BR 140 (relating to the Commonwealth Accountability Testing System) to Education; BR 118 (relating to health data collection); BR 215 (relating to licensure of professionals who provide therapeutic care to persons with hearing and related communication disorders); and BR 257 (relating to vital statistics) to Health and Welfare; BR 53 (relating to criminal record expungement); BR 97 (relating to driving under the influence); BR 127 (relating to domestic relations and declaring an emergency); BR 165 (relating to driving under the influence); BR 169 (relating to driving under the influence); and BR 247 (relating to the interviewing of children) to Judiciary; BR 132 (relating to personal emergency response systems); BR 134 (relating to the equine industry program, making an appropriation therefor, declaring an emergency); and BR 138 (relating to alarm systems) to Licensing and Occupations; BR 104 (relating to constables) to Local Government; BR 147 (relating to nonprofit agencies and work centers serving the blind or severely disabled); BR 194 (proposing an amendment in Section 145 of the Constitution of Kentucky relating to persons entitled to vote); BR 224 (designating Cornhole as the official state game of Kentucky); and BR 289 (relating to the regulation of campaigns and elections) to State Government; BR 96 (relating to emergency vehicles) to Transportation.
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 1:201 (Recreational fishing limits) and 301 KAR 1:410 (Taking of fish by other than traditional fishing methods) to Agriculture and Natural Resources; 806 KAR 6:120 (Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities); 806 KAR 12:120 (Suitability in Annuity Transactions); 806 KAR 12:140 (Life Insurance Illustrations); 806 KAR 12:150 (Annuity Disclosures); and 806 KAR 12:160 (Standards for Accelerated Death Benefits); 806 KAR 12:170 (Life Insurance Disclosures); 806 KAR 14:005 (Rate and Form Filing for Life Insurers); 806 KAR 15:060 (Universal Life Insurance); 806 KAR 15:070 (Annuity Nonforfeiture) to Banking and Insurance; 300 KAR 1:010 (Procedure for Regional Marketing and Matching Funds Program) to Economic Development and Tourism; 201 KAR 8:220 (Clinical examinations); 201 KAR 20:251 (Repeal of 201 KAR 20:250, 201 KAR 20:300 and 201 KAR 20:330); 201 KAR 20:280 (Standards for initial approval of prelicensure registered nurse and practical nurse programs); 201 KAR 20:310; (Faculty for prelicensure registered nurse and practical nurse programs); 201 KAR 20:320 (Standards for curriculum of prelicensure nursing programs); 201 KAR 20:340 (Students in prelicensure registered nurse and practical nurse programs); 201 KAR 20:350 (Educational facilities and resources for prelicensure registered nurse and practical nurse programs); 201 KAR 20:450 (Alternative program); 900 KAR 6:030 (Certificate of need expenditure minimums); 902 KAR 45:075 (Tanning facilities); 902 KAR 45:120 (Inspection fees; permit fees; hotels, mobile home parks, recreational vehicle parks, youth camps and private water supplies); 902 KAR 105:010 (Definitions); 902 KAR 105:030 (Education and training); 902 KAR 105:040 (General radiation operator requirements); 902 KAR 105:061 (Repeal of 902 KAR 105:060); 902 KAR 105:070 (Violations and endorsement); and 902 KAR 105:081 (Limited x-ray machine operator) to Health and Welfare; 201 KAR 14:050 (Apprentice’s license; qualifications) to Licensing and Occupations; 106 KAR 2:020 & E (Military Family Assistance Trust Fund) to Seniors, Veterans, Military Affairs, and Public Protection; 601 KAR 1:025 (Transporting hazardous materials by air or highway) to Transportation.
C. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum approving the Final Report of the Subcommittee on 2008-2010 Budget Preparation and Submission.
D. From Bobby Sherman: Memorandum recommending approval of prefiling deadlines for the 2008 Regular Session.
E. From Bobby Sherman: Memorandum recommending approval of the 2008 Regular Session calendar.
F. From Senate President David L.Williams and House Speaker Jody Richards: Memorandum requesting approval that the period of July 11-29, 2007, be considered “legislative interim” for the purposes of payment of legislator compensation and expenses.
G. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum regarding adjustments to the membership of the Special Subcommittee on Energy.
H. From Senator Ken Winters and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting approval of the appointment of Representative Marie Rader to the Subcommittee on Elementary and Secondary Education of the Interim Joint Committee on Education.
I. From Senator Gary Tapp and Representative Joni Jenkins, Co-Chairs, Interim Joint Committee on Licensing and Occupations: Memorandum requesting approval to meet on October 19 in Lexington, rather than the regular meeting date of October 12. This would be the committee’s fourth out-of-Frankfort meeting. There is a potential conflict for 7 members.
J. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting authorization to meet on Thursday, October 18, rather than the regular meeting date of October 25. There are no apparent conflicts.
K. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting appointment of Representative Reginald Meeks to the Subcommittee on Families and Children of the Interim Joint Committee on Health and Welfare.
L. From Senator Tom Jensen, Representative Tom McKee, and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting authorization to conduct a two (2) day out-of-Frankfort meeting on October 9-10. (October 10 is the regular meeting date for the committee.) There is a potential conflict for 5 members.
M. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting removal of Representative Reginald Meeks from the Subcommittee on Families and Children of the Interim Joint Committee on Health and Welfare and be placed on the Aging, Disabilities, Independent Living, and Long-Term Care Subcommittee of the Interim Joint Committee on Health and Welfa5re.
N. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting removal of Representative David Watkins from the Subcommittee on Women's Health of the Interim Joint Committee on Health and Welfare and be placed on the Aging, Disabilities, Independent Living, and Long-Term Care Subcommittee of the Interim Joint Committee on Health and Welfare.
O. From Senator Tom Jenson, Representative Tom McKee, and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting authorization to meet on December 12 (beyond the statutory conclusion of the legislative interim) to receive testimony on subjects not considered during the interim due to the call of the July special session. There are no apparent conflicts.
P. From Senator Elizabeth Tori and Representative Tanya Pullin, Co-Chairs, Interim Joint Committee on Seniors, Veterans, Military Affairs, and Public Protection: Memorandum requesting authorization to meet on December 6 (beyond the statutory conclusion of the legislative interim) at the Fort Campbell Army Base. This event was previously canceled due to the July special session. There are no apparent conflicts.
Q. From Senate President David L. Williams and House Speaker Jody Richards: Appointments to the Local Superintendents Advisory Council.
R. From Senator Jack Westwood and Representative Reginald Meeks, Co-Chairs, Capital Planning Advisory Board: Memorandum requesting authorization to hold a second meeting on October 22 to complete its 2008-2014 Statewide Capital Improvement Plan. There are no apparent conflicts.
COMMUNICATIONS
1. From the Kentucky Judicial Form Retirement System: Operating Statement of the Kentucky Judicial Retirement Fund for the Fiscal Year 2006-2007.
2. From the Cabinet for Health and Family Services, Office of the Secretary: FY 2007 Assisted Living Revenues and Expenditures Report, pursuant to KRS 194A.707.
3. From the Finance and Administration Cabinet: Monthly Investment Income Reports for June 2007.
4. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the second quarter 2007.
5. 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 of May, June, July 2007, and year-to-date activity for FY 2007 and July 2007.
6. From the Kentucky Environmental and Public Protection Cabinet, Division of Waste Management: Statewide Solid Waste Management Report – 2006 Update.
7. From the Kentucky Department of Education: 2006 House Joint Resolution 145 Study of Current Knowledge of Kentucky Students Relating to the U.S. Constitution.
8. From the Office of State Budget Director: Preliminary Budget Planning Report, consisting of forecasts for the General Fund and Road Fund, FY 08-12.
9. From the Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement for the period ended June 30, 2007.
10. From the Kentucky Employers’ Mutual Insurance Authority: Statement of Solvency for the six months ended June 30, 2007.
11. From the University of Kentucky, College of Agriculture: Kentucky Tobacco Research & Development Center, Quarterly Report, April 1-June 30, 2007.
12. From the Office of the Attorney General: Constitutional Challenge Report for the month of June 2007.
13. From the Education Cabinet, Department of Education: Bi-Annual Report (2005-2007) for the KIDS NOW Early Childhood Development Initiative.
14. From the Kentucky Department of Tourism: 1% Transient Room (Lodging) Tax Progress Report to Governor Fletcher.
15. From the Department of Military Affairs: Annual Report on the Military Family Assistance Trust Fund.
16. From the Cabinet for Economic Development, Kentucky Commission on Small Business Advocacy: 2006-2007 Annual Report of the Kentucky Commission on Small Business Advocacy.
17. From the Cabinet for Economic Development: Kentucky Investment Capital Network Program Report for July 1, 2006, through June 30, 2007.
18. From the Public Service Commission of Kentucky: Biennial Report for the period from July 1, 2003, through June 30, 2005.
19. From the Cabinet for Economic Development, Department of Financial Incentives: Kentucky Enterprise Initiative Act Annual Report for the period from July 1, 2006, through June 30, 2007.
20. From the Collaborative Center for Literacy Development: 2007 Annual Report.
21. From the Cabinet for Health and Family Services, Department for Public Health, Kentucky HIV/AIDS Planning and Advisory Council: September 2007 Year End Report.
22. From the Kentucky Personnel Board: Fiscal Year 2007 Annual Report.
23. From the Cabinet for Economic Development, Department of Financial Incentives: The Agricultural Warehousing Sites Cleanup Fund Annual Report for the period July 1, 2006, through June 30, 2007.
24. From the Foundation for a Healthy Kentucky: 2006 Annual Report.
25. From the University of Kentucky, Office of the Treasurer: University of Kentucky Capital Construction Report for FY 06-07.
26. From the Auditor of Public Accounts: Performance Audit on Kentucky’s Statewide Lodging Tax, August 2007.
27. From the Auditor of Public Accounts: Performance Audit on Kentucky’s High-Tech Construction Pool and High-Tech Investment Pool, September 2007.
28. From the Cabinet for Economic Development: Local Government Economic Development Fund Biennial Report for the period February 1, 2006 through August 30, 2007.
Senator Kelly moved that the Commission go into Executive Session at 1:40 p.m. The motion was seconded by Senator Worley. The motion carried.
Upon returning from Executive Session, a Motion was made by Senator Kelly and seconded by Senator Seum that the Commission adopt the following statement and conclusions of the Commission:
The full Commission has considered the issue of an anonymous letter that was circulated in February 2007, complaining about personnel matters within the LRC staff. The Commission would normally evaluate this in a confidential manner. However since this has been discussed in the public, the Commission makes the following statement:
1. The anonymous letter does not allege any action by a member of the LRC staff that would constitute workplace harassment.
2. The Commission reiterates its policy that any complaint of workplace harassment will be fully investigated according to existing policy, and that all parties will be afforded confidentiality to the full extent possible in any such investigation.
3. The members of the Commission are troubled that the anonymous letter and preliminary discussion regarding the letter among members of the Commission have been disclosed in violation of the policy of confidentiality that should apply until such time a finding of wrongful conduct is made.
4. The Commission will evaluate its policy for reporting and investigating workplace complaints to ensure that all members of the staff understand the process for reporting and investigating complaints.
5. The Commission will further investigate the improper disclosure and take whatever action is warranted.
A roll call vote on Senator Kelly's Motion was taken and the Motion passed unanimously.
There being no further business, the meeting was adjourned at 3:45 p.m.