The 524th meeting of the Legislative Research Commission was held on Wednesday, November 7, 2007, at 1:30 PM, in Room 125 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, Dan Seum, Katie Stine and Johnny Ray Turner; Representatives Rocky Adkins, Larry Clark, Bob M DeWeese, Charlie Hoffman, Jeff Hoover and Stan Lee.
Guests: Governor-Elect Steven Beshear and Lt. Governor-Elect Daniel Mongiardo.
LRC Staff: Bobby Sherman and Christy Glass.
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 October 3, 2007, meeting; accept and refer as indicated items A. D under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve Items C-I under New Business; accept and refer as indicated items 1. through 20. under Communications; and approve Resolutions A. through B. A Motion was made by Senator Pendleton and seconded by Representative Adkins. 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 2007.
B. Committee Activity Report for October 2007.
C. Report of the Administrative Regulation Review Subcommittee meeting of October 9, 2007.
D. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meeting of October 17, 2007.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 284 (relating to sales and use tax) to Appropriations and Revenue; BR 324 (relating to long-term care insurance); and BR 397 (relating to insurance agent license applications) to Banking and Insurance; BR 203 (relating to financial incentives for postsecondary education); BR 255 (relating to the Office of Career and Technical Education certified and equivalent employees under the KRS Chapter 151B personnel system and declaring an emergency); BR 261 (urging each local school board to seek input from parents, teachers, community members, and other stakeholders prior to the approval of the local school calendar); BR 280 (relating to public school curriculum); BR 302 (relating to the inclusion of the Holocaust in the school curriculum); BR 322 (relating to student financial aid); and BR 336 (relating to the safety, learning and well-being of students) to Education; BR 108 (relating to the electronic system for monitoring controlled substances); and BR 117 (relating to booster seats) to Health and Welfare; BR 206 (relating to animal cruelty); BR 260 (relating to crimes and punishment); BR 308 (relating to testimony); and BR 383 (relating to the use of injuries in competency hearings conducted in guardianship proceedings) to Judiciary; BR 49 (relating to compulsive gambling and making an appropriation therefor) to Licensing and Occupations; BR 186 (relating to manufactured housing); and BR 442 (relating to political activities of employees of cities of the first class participating in a classified service) to Local Government; BR 236 (relating to military service); BR 346 (relating to honoring military service); and BR 472 (relating to military service) to Seniors, Veterans, Military Affairs and Public Protection; BR 171 (proposing an amendment to Sections 36 and 42 of the Constitution of Kentucky relating to sessions of the General Assembly); BR 184 (relating to the State Treasury); BR 192 (proposing to amend Sections 53, 91, 93, 95 and 245 of the Constitution of Kentucky relating to the Treasurer); BR 225 (designating the Corvette as the official state sports car of Kentucky); BR 327 (relating to legal defense trust funds); BR 333 (relating to the identification of state employees); BR 334 (relating to teacher retirement); and BR 381 (relating to retirement) to State Government; BR 202 (relating to the operation of a motor vehicle); BR 329 (directing the Transportation Cabinet to extend “The Purple Heart Trail” past Fort Knox and Fort Campbell) to Transportation.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 401 KAR 57:002 (40 C.F.R. Part 61 national emission standards for hazardous air pollutants); 401 KAR 58:025 (40 C.F.R. Part 61 national emission standard for asbestos); 401 KAR 60:005 (40 C.F.R. Part 60 standards of performance for new stationary sources); 401 KAR 60:670 (40 C.F.R. Part 60 standards of performance for nonmetallic mineral processing plants) and 401 KAR 63:002 (40 C.F.R. Part 63 national emission standards for hazardous air pollutants) to Agriculture and Natural Resources; 103 KAR 8:130 (Ad valorem taxation of machinery actually engaged in the manufacturing of coal); 103 KAR 8:140 (Ad valorem taxation of machinery actually used in the manufacturing of crushed stone, sand, and gravel) and 103 KAR 8:150 (Ad valorem taxation of machinery actually used in the manufacturing of hot mix asphalt) to Appropriations and Revenue; 806 KAR 17:250 (Notification requirements for drug benefits) to Banking and Insurance; 13 KAR 2:020 (Guidelines for admission to the state-supported postsecondary education institutions in Kentucky); 707 KAR 1:280 (Definitions); 707 KAR 1:360 (Confidentiality of information); 725 KAR 1:030 (Scheduling public records for retention and disposal; procedures) and 725 KAR 1:061 (Records retention schedules; authorized schedules) to Education; 201 KAR 13:080 (Operation and inspection of optical establishments); 910 KAR 1:240 (Certification of assisted-living communities); 921 KAR 2:016 (Standards for need and amount for the Kentucky Transitional Assistance Program (K-TAP)); 921 KAR 2:050 (Time and manner of payments) and 922 KAR 2:180 (Requirements for Registered Child Care Providers in the Child Care Assistance Program) to Health and Welfare; 803 KAR 2:422 (Rollover protective structures; overhead protection) to Labor and Industry; 804 KAR 4:410 (ABC schedules and forms incorporated by reference) to Licensing and Occupations; 109 KAR 15:020 (State Local Officer Policy Manual) to Local Government; 101 KAR 2:120 (Incentive programs) to State Government.
C. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum appointing Representative Tim Firkins to and removing Representative Charlie Hoffman from the Budget Review Subcommittee on Economic Development and Tourism, Natural Resources and Environmental Protection, of the Interim Joint Committee on Appropriations and Revenue.
D. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum appointing Representative Carl Rollins and Representative Rick Nelson to the Interim Joint Committee on Seniors, Veterans, Military Affairs and Public Protection.
E. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum establishing and making appointments to the Short Line Railroad Revitalization Task Force.
F. From Senator Damon Thayer and Representative Darryl Owens, Co-Chairs, Task Force on Elections, Constitutional Amendments & Intergovernmental Affairs through Senator Damon Thayer and Representative Mike Cherry, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting approval to meet on November 19 at 1:00 p.m., rather than the regular meeting date of November 27 Membership conflicts have been discussed with leadership offices.
G. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenues: Memorandum requesting approval to meet on November 19 at 1:00 p.m., rather than the regular meeting date of November 22 (Thanksgiving). Membership conflicts have been discussed with leadership offices.
H. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting approval to meet on November 19 at 10:00 a.m., rather than the regular meeting date of November 21, and to request for the committee and its three subcommittees to meet on December 17 (beyond the statutory conclusion of the legislative interim). Membership conflicts have been discussed with leadership offices.
I. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on December 10 (beyond the statutory conclusion of the legislative interim). There are no apparent conflicts.
COMMUNICATIONS
1. From the Cabinet for Health and Family Services, the Commission on Services and Supports for Individuals with Mental Retardation and Other Developmental Disabilities: October 1, 2007, Annual Status Report.
2. From the Kentucky Personnel Cabinet: Commonwealth of Kentucky Employee Health Plan Seventh Annual Report.
3. From the University of Kentucky, Kentucky Interagency Groundwater Monitoring Network: July 2006-June 2007 Annual Report.
4. From the Teachers’ Retirement System of Kentucky: Fiscal Year 2007 In-State Investment Activities Report.
5. From the Teachers’ Retirement System of Kentucky: 2006-07 Annual Report of Financial and Investment Activities.
6. From the Cabinet for Health Services, the Kentucky Council on Developmental Disabilities: 2007 ASD Annual Update.
7. From the Cabinet for Economic Development, Department for Existing Business Development: 2006-2007 Kentucky Linked Deposit Loan Investment Program Report.
8. From the Kentucky Commerce Cabinet, Kentucky Department of Fish and Wildlife Resources: Fiscal Year 2007 Hunger Relief Program Report.
9. 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 month of August 2007, and year-to-date activity for the period July 1, 2007, through August 31, 2007.
10. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for each loan approved as of the quarter ended: September 30, 2007.
11. From the Department of Education: 2005-2006 Annual Audit of School Districts.
12. From the Education Professional Standards Board: 2006 House Joint Resolution 14 Report.
13. From the Personnel Cabinet: 2006-2007 Annual Report.
14. From the Kentucky Employers’ Mutual Insurance: 2008 Administrative Budget.
15. From the Commerce Cabinet, Department of Tourism,: Response to the Performance Audit of Kentucky’s Statewide Lodging Tax by the Auditor of Public Accounts.
16. From the Office of the Attorney General: Constitutional Challenge Report for the months of July and August 2007.
17. From the University of Kentucky, Kentucky Tobacco Research and Development Center: Quarterly Report July 1-September 30, 2007.
18. From the Kentucky Heritage Land Conservation Fund Board: 12th Annual Report, Fiscal Year 2007.
19. From the Cabinet for Economic Development: Fiscal Year 2007 Bluegrass State Skills Corporation Annual Report.
20. From the Finance and Administration Cabinet, Kentucky Higher Education Assistance Authority: Fiscal Year 2007 Actuarial Valuation for Kentucky’s Affordable Prepaid Tuition.
21. From the Finance and Administration Cabinet, Kentucky Higher Education Assistance Authority: Fiscal Year 2007 Financial Statements for the Kentucky Higher Education Assistance Authority, the Kentucky Higher Education Student Loan Corporation, and Kentucky’s Affordable Prepaid Tuition Program.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Edwin Freeman.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Samuel B. Thomas.
Speaker Richards then introduced Governor-elect Steve Beshear and Lieutenant Governor-elect Daniel Mongiardo for the purpose of offering remarks to legislative leaders on the day following the general election.
Both Governor-elect Beshear and Lieutenant Governor-elect Mongiardo expressed gratitude at the opportunity to address the Legislative Research Commission. They stressed the importance of cooperation between the executive branch and the legislative branch toward the goal of bettering the lives of all Kentuckians.
President Williams and Speaker Richards then addressed the Commission. Both thanked the Governor-elect and Lieutenant Governor-elect for attending the meeting of the Commission. They expressed the view that these appearances immediately following a stressful election send a positive message regarding necessary cooperation between two of the branches of Kentucky state government.
There being no further business, the meeting was adjourned at 2:15 p.m.