The 526th meeting of the Legislative Research Commission was held on Wednesday, August 6, 2008, at<MeetTime> 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 Carroll Gibson, Dan Kelly, Joey Pendleton, Dan Seum, Katie Stine, and Johnny Ray Turner; Representatives Rocky Adkins, Larry Clark, Charlie Hoffman, Stan Lee, and Rob Wilkey.
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 the June 26, 2008, meeting; accept items A. through J. under Staff and Committee Reports; refer prefiled bills and administrative regulations as indicated and approve items C. through J. under New Business; accept and refer as indicated items 1. through 17. under Communications; and approve Resolutions A. through C. A Motion was made by Senator Williams 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 June 2008 through July 2008.
B. Committee Activity Report.
C. Report of the Administrative Regulation Review Subcommittee meeting of July 8, 2008.
D. Committee review of administrative regulations by the Interim Joint Committee on Education during its meeting of July 7, 2008.
E. Committee review of the FY 2008 Small Cities Community Block Grant Application by the Interim Joint Committee on Local Government during its meeting of June 25, 2008.
F. Committee review of Executive Reorganization Order 2008-509, relating to the Department for Local Government, by the Interim Joint Committee on Local Government during its meeting of June 25, 2008.
G. Committee review of Executive Reorganization Order 2008-471, relating to the Governor’s Employee Advisory Council, by the Interim Joint Committee on Labor and Industry during its meeting of June 19, 2008.
H. Committee review of Executive Reorganization Order 2008-472, relating to the Labor Cabinet, by the Interim Joint Committee on Labor and Industry during its meeting of June 19, 2008.
I. Committee review of Executive Reorganization Order 2008-530, relating to the Education Cabinet, by the Interim Joint Committee on Education during its meeting of July 7, 2008.
J. Committee review of Executive Reorganization Order 2008-515, relating to the Kentucky Department of Education, by the Interim Joint Committee on Education during its meeting of July 7, 2008.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 33 (relating to tax credits for hiring legally blind or severely disabled individuals) and BR 76 (relating to a legislative time-out prior to voting on a floor amendment or a free conference report related to an appropriation measure or a revenue measure) to Appropriations and Revenue; BR 34 (relating to donations), BR 41 (relating to physical activity for children) and BR 74 (relating to writing portfolios) to Education; BR 49 (relating to clerks of the circuit court) to Judiciary; BR 75 (relating to accounting for the expenditure of state funds) to State Government; and BR 28 (relating to motor vehicles) to Transportation.
B. Referral of the administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 401 KAR 9:010 & E. (Section 401 Individual Water Quality Certification public notice); 401 KAR 32:010 (General provisions for generators); 401 KAR 32:050 (Special conditions); 401 KAR 34:005 (Definitions for 401 KAR Chapter 34); 401 KAR 34:080 (General financial requirements); 401 KAR 35:005 (Definitions for 401 KAR Chapter 35); 401 KAR 35:080 (General financial requirements (IS)); 401 KAR 36:030 (Recyclable materials used in a manner constituting disposal); 401 KAR 37:005; (Definitions for 401 KAR Chapter 37); 401 KAR 37:040 (Treatment standards); 401 KAR 38:005 (Definitions for 401 KAR Chapter 38); 401 KAR 38:040 (Changes to permits; expiration of permits); 401 KAR 43:005 (Definitions for 401 KAR Chapter 43) to Agriculture and Natural Resources; 201 KAR 20:070 & E (Licensure by examination); 902 KAR 55:110 (Monitoring system for prescription controlled substances); 908 KAR 3:050 (Per diem rates); 910 KAR 1:160 (Program and certification requirements for the adult day and Alzheimer’s respite program); 921 KAR 3:030 (Application Process); 922 KAR 1:310 (Standards for child-placing agencies) to Health and Welfare; 501 KAR 3:140 (Prisoner rights); 501 KAR 6:020 (Corrections policies and procedures); 501 KAR 6:140 (Bell County Forestry Camp); 501 KAR 13:010 (Life safety issues) to Judiciary; 201 KAR 18:210 (Retired and inactive status) to Licensing and Occupations; 101 KAR 1:335 (Employee actions) to State Government.
C. From Senator Brett Guthrie and Representative Hubert Collins, Co-Chairs, Interim Joint Committee on Transportation: Memorandum requesting approval to meet on September 26, rather than the regular meeting date of September 2; and November 13, rather than the regular meeting date of November 4. If this request and Item E. are both approved, there will be 16 conflicts for the November 13 meeting.
D. From Senator Tom Jensen, Representative Tom McKee, and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting approval to add Representative Greg Stumbo to the Subcommittee on Natural Resources.
E. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on November 13, rather than the regular meeting date of November 27. If this request and Item C. are both approved, there will be 16 conflicts.
F. From Senator Ken Winters and Representative Frank Rasche, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting approval to add Representative Mary Lou Marzian to the Subcommittee on Postsecondary Education.
G. From Senator Alice Forgy Kerr and Representative Mary Lou Marzian, Co-Chairs, Interim Joint Committee on Labor and Industry: Memorandum requesting approval to meet on September 9, in conjunction with the annual Labor-Management Conference, rather than the regular meeting date of September 18. There are three potential conflicts.
H. From Senator Tom Jensen, Representative Tom McKee, and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Agriculture and Natural Resources: Memorandum requesting approval to meet on August 21, in conjunction with the Kentucky State Fair, rather than the regular meeting date of August 13. There are seven conflicts.
I. From Senator Elizabeth Tori and Representative Tanya Pullin, Co-Chairs, Interim Joint Committee on Seniors, Veterans, Military Affairs, and Public Protection: Memorandum requesting approval to meet on August 18 in Jefferson County, rather than the regular meeting date of August 7. There are no apparent conflicts.
J. From Senator Robert Stivers and Representative Kathy Stein, Co-Chairs, Interim Joint Committee on Judiciary: Memorandum requesting authorization of and membership approval for the Subcommittee on the Penal Code and the Controlled Substances Act.
COMMUNICATIONS
1. From the Cabinet for Economic Development, Department of Financial Incentives (Kentucky Economic Development Finance Authority): Loan data sheets for each loan approved as of the quarter ending June 30, 2008.
2. From the Office of the Attorney General: Constitutional Challenge Reports for the months of May and June 2008.
3. From the Kentucky Commission on the Deaf and Hard of Hearing: Memorandum regarding Telecommunications Access Program (TAP) Annual Report for the FY 08.
4. From the Environmental and Public Protection Cabinet, Office of Alcoholic Beverage Control: 2006-2007 Annual Report.
5. From the Public Service Commission: Report of Electric Utility Regulation and Energy Policy in Kentucky (pursuant to Section 50 of 07 SS HB 1).
6. 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 April and May 2008.
7. 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 08.
8. From the Finance and Administration Cabinet: Monthly Investment Income Report for the month of June 2008.
9. From the Cabinet for Health and Family Services, Office of the Secretary: A report relating to the Kentucky All Schedule Electronic Reporting System.
10. From the Education Cabinet, Department of Education: 2008-2010 Biennial Plan for Validation Studies.
11. From the Cabinet for Health and Family Services, Office of the Secretary: FY 08 report of the Department for Aging and Independent Living Assisted Living Revenues and Expenditures.
12. From the Kentucky Judicial Form Retirement System: Kentucky Judicial Retirement Plan Operating Statement - FY 08 and Kentucky Legislators Retirement Plan Operating Statement - FY 08.
13. From the Kentucky Assistive Technology Loan Corporation: FY 07 Annual Report.
14. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the first quarter of the calendar year 2008.
15. From the University of Kentucky, Kentucky Tobacco Research & Development Center: Quarterly Report for April 1-June 30, 2008.
16. From the Office of the Attorney General: Audit examination of the City of Minor Lane Heights.
17. From the Cabinet for Economic Development, Department of Financial Incentives: Kentucky Enterprise Initiative Act Annual Report for the period from July 1, 2007, through June 30, 2008.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Dr. Bobby R. Himes.
B. A RESOLUTION adjourning the Legislative Research Commission in loving memory and honor of Dorothy Jean Hayes Priddy.
C. A RESOLUTION adjourning the Legislative Research Commission in honor of Willisburg Baptist Church.
Representative Richards expressed his sympathy in the passing of Dr. Bobby R. Himes. Senator Kelly thanked him and shared a story that Dr. Himes had told him of his childhood and how it had impressed Senator Kelly.
Representative Richards called for a motion to adjourn. A Motion was made by Representative Wilkey and seconded by Representative Adkins. There being no further business, the meeting was adjourned at 1:40 p.m.