The 525th meeting of the Legislative Research Commission was held on Thursday, June 26, 2008, at<MeetTime> 10:00 AM, 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 Carroll Gibson, Dan Kelly, Joey Pendleton, Dan Seum, Katie Stine, Johnny Ray Turner and Ed Worley; Representatives Rocky Adkins, Larry Clark, Bob M. DeWeese, Charlie Hoffman and Stan Lee.
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, Senator Williams called for a motion to approve the minutes of the November 7, 2007 meeting; accept and refer as indicated items A. through L. under Staff and Committee Reports; refer prefiled bills as indicated and approve items B. through S. under New Business; and accept and refer as indicated items 1. through 96. under Communications. A Motion was made by Representative Richards and seconded by Senator Worley. 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 through May 2008.
B. Committee Activity Report.
C. From Bobby Sherman: Memorandum submitting the Study of Postsecondary Tuition Assistance Programs. (Staff suggested committee referrals: Education and Appropriations and Revenue.) (Copy available upon request.)
D. Reports of the Administrative Regulation Review Subcommittee meetings of November and December 2007 and January, February, March, April, and May 2008.
E. Report of the Education Assessment and Accountability Review Subcommittee meeting of February 2008.
F. Committee review of administrative regulations by the Interim Joint Committee on Agriculture and Natural Resources during its meeting of November 14, 2007.
G. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of November 19 and December 17, 2007.
H. Committee review of administrative regulations by the House Standing Committee on Health and Welfare during its meetings of January 24 and March 13, 2008.
I. Committee review of administrative regulations by the Senate Standing Committee on Health and Welfare during its meetings of February 13 and March 19, 2008.
J. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meeting of June 18, 2008.
K. Committee review of the SFY Social Services Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on June 18, 2008.
L. Committee review of Executive Reorganization Order 2008-504, relating to the reorganization of the Cabinet for Health and Family Services, by the Interim Joint Committee on Health and Welfare during its meeting on June 18, 2008.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 21 (relating to voluntary student expression of religious viewpoints in public schools); BR 37 (relating to the promotion of physical activity in schools) to Education.
B. From Senate President David L. Williams, House Speaker Jody Richards, Senate President Pro Tem Katie Stine and Senate Majority Floor Leader Dan Kelly: Memorandum regarding LRC membership, naming Senator Dan Seum as Senate Majority Caucus Chair and Senator Carroll Gibson as Senate Majority Whip.
C. From Senator Brett Guthrie, Co-Chair, Short Line Railroad Revitalization Task Force: Memorandum regarding appointees to the Short Line Railroad Revitalization Task Force and recommendations from said Task Force.
D. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum regarding referral of administrative regulations to standing committees during the 2008 Regular Session.
E. From Senator Tom Jensen, Representative Tom McKee, and Representative Jim Gooch, Co-Chairs of the Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting authorization of and membership approval for subcommittees of the Interim Joint Committee on Agriculture and Natural Resources.
F. From Senator Robert Stivers and Representative Kathy Stein, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting to meet on a July 10, rather than the regular meeting date of July 15. There are no apparent conflicts.
G. From L. Bart Hardin, Deputy Director, LRC Budget Review: Memorandum requesting approval of the Final Budget Memoranda for FB 2008-20010 for the executive, judicial, and legislative branch budgets.
H. From Senator Ken Winters and Representative Frank Rasche, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting approval to meet on July 7, rather than the regular meeting date of July 14, and approval to meet on November 17, rather than the regular meeting date of November 10. There are no apparent conflicts.
I. From Senator Ken Winters and Representative Frank Rasche, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting authorization of and membership approval for subcommittees of the Interim Joint Committee on Education.
J. From Senator Tom Buford and Representative Tommy Thompson, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meet on July 29, rather than the regular meeting date of July 22, and approval to meet on August 25, rather than the regular meeting date of August 26. There are no apparent conflicts.
K. From Senator Damon Thayer and Representative Mike Cherry, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting approval to meet on July 29, rather than the regular meeting date of July 23. There are no apparent conflicts.
L. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting authorization of and membership approval for subcommittees of the Interim Joint Committee on Health and Welfare.
M. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum requesting approval of membership for the Special Subcommittee on Energy.
N. From Bobby Sherman: Memorandum requesting approval of membership changes to the Special Subcommittee on Energy, pursuant to agreement of the offices of the President of the Senate and the Speaker of the House.
O. 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 26, rather than the regular meeting date of June 19.
P. From Senator Damon Thayer and Representative Steve Riggs, Co-Chairs, Interim Joint Committee on Local Government: Memorandum requesting approval to meet on October 17, in conjunction with the Kentucky League of Cities annual convention in Louisville, rather than the regular meeting date of October 23. There are potential conflicts for four members.
Q. From Senator Gary Tapp and Representative Joni Jenkins, Co-Chairs, Interim Joint Committee on Licensing and Occupations: Memorandum requesting approval to meet on August 22, in conjunction with the Kentucky State Fair, rather than the regular meeting date of August 8. There are no apparent conflicts.
R. From Senator Damon Thayer and Representative Mike Cherry, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting approval to meet on November 24, rather than the regular meeting date of November 26. There are no apparent conflicts.
S. From Senator Julie Denton and Representative Tom Burch, Co-Chairs, Interim Joint Committee on Health and Welfare: Memorandum requesting approval to meet on September 5, rather than the regular meeting date of September 17. There are no apparent conflicts.
COMMUNICATIONS
1. From Senator Ernie Harris and Representative Rick Nelson, Co-Chairs, Program Review and Investigations Committee: Memorandum advising of the opportunity to appoint of ex officio members for study topics.
2. From the Department of Education: Submission of report on provision of physical activity for grades K-5.
3. From Kentucky Employers’ Mutual Insurance: Quarterly Statements for the periods ending September 30, 2007, and March 31, 2008.
4. From Kentucky Employers’ Mutual Insurance: Statement of Income for the periods ending September 30, 2007, and March 31, 2008.
5. From the University of Kentucky, Board of Trustees: Submission of regulations pertaining to an employee having interest in a contract between the University and a business.
6. From the Kentucky Department of Agriculture: Office of State Veterinarian’s Report on the Cervid Chronic Wasting Disease Surveillance Identification Program.
7. From the Cabinet for Health and Family Services: Kentucky Women’s Cancer Screening Program Annual Report on the Status of Breast Cancer in the Commonwealth Fiscal Year 2006.
8. From Eastern Kentucky University: Audited Financial Report for Fiscal Year ended June 30, 2007.
9. From the Teachers’ Retirement System of Kentucky: Statement of Plan Net Assets and Statement of Changes in Plan Net Assets for the years ended 2006 June 30, 2007.
10. From the Cabinet for Health and Family Services, Office of the Secretary: 2007 Annual Update, Two Year Plan and Regional Planning Council Reports of the Kentucky Commission on Services and Supports for Individuals with Mental Illness, Alcohol and Other Drug Abuse Disorders, and Dual Diagnosis.
11. From the Environmental and Public Protection Cabinet, Office of Insurance: 2007 Report on the Impact of Mental Health Parity on Health Insurance Costs.
12. From Western Kentucky University, Office of the President: Submission of plan relevant to the Center for Renewable Energy Research and Environmental Stewardship.
13. From the Governor’s Office of Energy Policy: Submission of report of work completed pursuant to Section 57 of 2007 S2 HB 1.
14. From the Finance and Administration Cabinet: Monthly Investment Income Reports for the months of July, August, September, October, and November 2007, and January, February, March, April, and May 2008.
15. From the Governor’s Office of Energy Policy: Submission of Carbon Management Report pursuant to Section 52 of 2007 S2 HB 1.
16. From the Kentucky Legislative Ethics Commission: FY 2006-2007 Annual Report.
17. From the Kentucky Retirement Systems: Audited financial statements for FY 2007.
18. From the Kentucky Judicial Form Retirement System: Actuarial Valuation Report as of July 1, 2007, for the Kentucky Judicial Retirement Plan and Actuarial Valuation Report as of July 1, 2007, for the Kentucky Legislators Retirement Plan.
19. From the Kentucky Judicial Form Retirement System: Audit of the Kentucky Judicial Form Retirement System as of June 30, 2007.
20. From the Cabinet for Health and Family Services, Office of the Secretary: 2007 Charitable Health Provider Report.
21. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for each loan approved as of the quarters ending December 31, 2007, and March 31, 2008.
22. From the Auditor of Public Accounts: Submission of performance audit “Medicaid Reports and Data Do Not Document Savings or Progress.”
23. From the Office of the Attorney General: Constitutional Challenge Reports for September, October, November, and December 2007 and January, March and April 2008.
24. From the Office of the State Budget Director: Submission of report detailing revised revenue estimates for the General Fund, Road Fund, and Phase I, Master Settlement Agreement for FY 2008.
25. 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 October and November 2007; and February and March 2008.
26. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the third and fourth quarters 2007.
27. From the Cabinet for Health and Family Services, Office of the Secretary: 2007 Annual Report on Elder Abuse in Kentucky.
28. From the Auditor of Public Accounts and the Office of the Attorney General: Report on Kentucky Employees’ Mutual Insurance.
29. From Northern Kentucky University: 2006-2007 Annual Financial Report.
30. From the Environmental and Public Protection Cabinet, Division of Waste Management: FY 2007 Kentucky Recycling and Marketing Assistance Report.
31. From the University of Kentucky, Office of the President: Audited Financial Statements of the University’s affiliated corporations for FY 2007.
32. From the Cabinet for Health and Family Services: 2007 Annual Report regarding federally licensed blood establishments in Kentucky.
33. From the Finance and Administration Cabinet, Office of the Secretary: Supplementary information to the Comprehensive Annual Report for FY 2007.
34. From the Kentucky Geological Survey, University of Kentucky: Annual Report for FY 2007.
35. From the Justice and Public Safety Cabinet, Office of Drug Control Policy: 2007 Kentucky Agency for Substance Abuse Policy Annual Report.
36. From the University of Kentucky, Kentucky Tobacco Research & Development Center: Annual Report for FY 2007.
37. From the Cabinet for Health and Family Services, Department for Public Health: 2007 Annual Report: Kentucky Spinal Cord and Head Injury Research Board.
38. From the Office on Alzheimer’s Disease and Related Disorders and Kentucky Alzheimer’s Disease and Related Disorders Advisory Council: Report on the Assessment of the Current and Anticipated Future Impact of Alzheimer’s Disease and Related Dementias on Kentuckians with Recommendations for Action.
39. From the Cabinet for Economic Development: Kentucky Enterprise Zone Authority Final Annual Report for the period July 1, 2006, through December 31, 2007.
40. From Murray State University: Accountants’ Report and Financial Statements, FY 2006 and FY 2007.
41. From the Cabinet for Health and Family Services, Department of Medicaid Services: Traumatic Brain Injury Trust Fund 2006-2007 Annual Report.
42. From the Court Appointed Special Advocates for Children: 2007 Annual Report.
43. From Kentucky Employers’ Mutual Insurance: Annual Statement and Letter of Actuarial Opinion for 2007.
44. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-Upon Procedures to the Kentucky Department of Education, School Attendance.
45. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-Upon Procedures to the Kentucky Board of Education, Harlan County High School Construction Project.
46. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-Upon Procedures to the Kentucky Department of Education FY 2005-2006 Audit Reports.
47. From the Auditor of Public Accounts: Independent Accountant’s Report of the Early Childhood Development Fund and the Kentucky Health Care Improvement Fund for FY 2006.
48. From the Auditor of Public Accounts: Independent Accountant’s Report of the Lung Cancer Research Fund for FY 2006.
49. From the Auditor of Public Accounts: Independent Accountant’s Report of the Rural Development Fund for FY 2006.
50. From the Auditor of Public Accounts: Independent Accountant’s Report on Agreed-Upon Procedures for FY 2007 for the Governor’s Office for Local Development.
51. From the Auditor of Public Accounts: Report of the Audit of the Central Kentucky Education Cooperative for FY 2007.
52. From the Auditor of Public Accounts: Report of the Audit of the West Kentucky Educational Cooperative for FY 2007.
53. From the Auditor of Public Accounts: Report of the Audit of the Green River Regional Educational Cooperative, Inc., for FY 2007.
54. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Horse Park for FY 2007.
55. From the Auditor of Public Accounts: Report of the Special Purpose Forms (Closing Package) of the Kentucky Horse Park for FY 2007.
56. From the Auditor of Public Accounts: Report of the Audit of the Northern Kentucky Cooperative for Educational Services, Inc., for FY 2007.
57. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Educational Development Corporation for FY 2007.
58. From the Auditor of Public Accounts: Report of the Audit of the Ohio Valley Educational Cooperative for FY 2007.
59. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Artisan Center at Berea for FY 2007.
60. From the Auditor of Public Accounts: Report of the Special Purpose Forms (Closing Package) of the Kentucky Artisan Center at Berea for FY 2007.
61. From the Auditor of Public Accounts: Report of the Audit of the School Facilities Construction Commission for FY 2007.
62. From the Auditor of Public Accounts: Report of the Special Purpose Forms (Closing Package) of the Kentucky School Facilities Construction Commission for FY 2007.
63. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Office of Insurance Kentucky Access Program for FY 2007.
64. From the Auditor of Public Accounts: Report of the Special Purpose Forms (Closing Package) of the Kentucky Office of Insurance Kentucky Access Program for FY 2007.
65. From the Auditor of Public Accounts: Report of the Audit of the Kentucky River Authority for FY 2007.
66. From the Auditor of Public Accounts: Report of the Special Purpose Forms (Closing Package) of the Kentucky River Authority for FY 2007.
67. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Lottery Corporation for FY 2006 and FY 2007.
68. From the Auditor of Public Accounts: Report of the Examination of the Lease Law Compliance made pursuant to KRS 43.050(2)(e) for FY 2006 and FY 2007.
69. From the Auditor of Public Accounts: Report on Agreed-Upon Procedures Engagement of the Kentucky Executive Branch Ethics Commission Statements of Financial Disclosure for the calendar years 2005 and 2006.
70. From the Auditor of Public Accounts: Report of the Statewide Single Audit of the Commonwealth of Kentucky Volume I for FY 2007.
71. From the Kentucky Council on Postsecondary Education: Letter regarding FY 2007 information on postsecondary education students participating in the tuition and mandatory fee waiver program for foster or adopted children.
72. From the Kentucky Council on Postsecondary Education: Statement of Compliance by all public higher education institutions regarding the provision of information on preventing transmission of HIV/AIDS.
73. From the Office of the Attorney General: Status of investigation of audit examination of Lawrence County Fiscal Court.
74. From the Office of the Attorney General: Status of investigation of audit examination of Bath County Fiscal Court.
75. From the Office of the Attorney General: Status of investigation of audit examination of Knott Fiscal Court.
76. From the Office of the Attorney General: Status of investigation of audit examination of McCreary County Fiscal Court.
77. From the Office of the Attorney General: Status of investigation of audit examination of Nelson County Tax Settlement - 2003.
78. From the Office of the Attorney General: Status of investigation of audit examination of Powell County Fiscal Court by letters dated March 16 and March 13, 2008.
79. From the Office of the Attorney General: Status of investigation of audit examination of Spencer County Clerk.
80. From the Office of the Attorney General: Status of investigation of audit examination of Mercer County Clerk.
81. From the Office of the Attorney General: Status of investigation of audit examination of Rockcastle County Clerk.
82. From the Office of the Attorney General: Status of investigation of audit examination of Bath County Clerk.
83. From the Office of the Attorney General: Status of investigation of audit examination of Knott County Clerk.
84. From the Office of the Attorney General: Status of investigation of audit examination of the Metcalfe County Sheriff’s Settlement.
85. From the Council on Postsecondary Education: 2007 Annual Report of the Knowledge-Based Economy Program.
86. From the Kentucky Court of Appeals: Memorandum regarding suggested remedial legislation concerning use of prior “convictions” for enhanced DUI penalties.
87. From the Council on Postsecondary Education: Accountability Report for FY 2007.
88. From the Department of Revenue, Office of Property Valuation: 2008 Real Estate Exemption List.
89. From the Personnel Cabinet: Statewide Turnover Report for calendar year 2007.
90. From the Auditor of Public Accounts: Examination of the Inmate Payroll Process at Kentucky Correctional Industries.
91. From the Auditor of Public Accounts: Financial Data Analysis of the Kentucky Department of Parks.
92. From the Cabinet for Health and Family Services, Office of the Secretary: 2005 Annual Child Fatality Review Report.
93. From Kentucky Employers’ Mutual Insurance: 2007 Annual Report.
94. From the Department of Education: Validation and Research Agenda, validation studies and evidence for reliability, May 2008.
95. From the Auditor of Public Accounts: Kentucky’s Adult Public Guardianship Services, June 2008 - Performance Audit.
96. From the Personnel Cabinet, Department for Personnel Administration: 2008 Turnover Reporting Procedures/1st Quarter 2008 Reports.
Senator Williams called for a motion to adjourn. A Motion was made by Senator Worley and seconded by Representative Richards. There being no further business, the meeting was adjourned at 10:15 a.m.