The 527th meeting of the Legislative Research Commission was held on Wednesday, September 24, 2008, 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 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, Jeff Hoover, Stan Lee, and Rob Wilkey.
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 Richards called for a motion to approve the minutes of the August 6, 2008, meeting; accept items A. through K. under Staff and Committee Reports; refer prefiled bills as indicated and approve items B. through P. under New Business; accept and refer as indicated items 1. through 53. under communications; and approve Resolutions A. through I. A Motion was made by Representative Richards and seconded by Senator Seum. 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 August 2008.
B. Committee Activity Report.
C. Report of the Administrative Regulation Review Subcommittee meeting of August 12, 2008.
D. Committee review of Executive Reorganization Order 2008-502, relating to the Motor Vehicle Commission, by the Interim Joint Committee on Transportation during its meeting of August 5, 2008.
E. Committee review of Executive Reorganization Order 2008-529, relating to the Transportation Cabinet, by the Interim Joint Committee on Transportation during its meeting of August 5, 2008.
F. Committee review of Executive Reorganization Order 2008-507, relating to the Environmental and Public Protection Cabinet, by the Interim Joint Committee on State Government during its meeting on August 27, 2008.
G. Committee review of the FFY 2009 Community Mental Health Services Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on September 5, 2008.
H. Committee review of the FY 2009 Title V Maternal and Child Health Services Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on September 5, 2008.
I. Committee review of the FY 2009 Substance Abuse Prevention and Treatment Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on September 5, 2008.
J. Committee review of the FY 2009-2010 Temporary Assistance for Needy Families Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on September 5, 2008.
K. Committee review of Executive Reorganization Order 2008-836, relating to the Council on Postsecondary Education, by the Interim Joint Committee on Education during its meeting of September 8, 2008.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 147 (relating to income tax credits for small businesses) to Appropriations and Revenue; BR 42 (relating to substance abuse screening pilot programs for public assistance recipients) to Health and Welfare; BR 60 (relating to domestic relations and declaring an emergency); BR 61 (relating to driving under the influence); BR 68 (relating to jury service); BR 69 (relating to the civil rights of deaf and hard of hearing persons); and BR 84 (relating to jurisdictional limits for Kentucky courts) to Judiciary; BR 94 (relating to horse racing) to Licensing and Occupations; BR 24 (relating to primaries); BR 79 (relating to automated or recorded political telephone messages); and BR 82 (relating to Kentucky State Parks) to State Government; BR 56 (relating to motor vehicles); BR 78 (relating to motor vehicle license plates); BR 120 (relating to motor vehicle license plates) to Transportation.
B. From Senator Brandon Smith and Representative Rick Nelson, Co-Chairs, Special Subcommittee on Energy: Memorandum requesting approval to meet on October 24, in Lexington, rather than the regular meeting date of October 17. This would be the committee’s third out-of-town meeting. There are no apparent conflicts.
C. 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 September 12, in Lexington, rather than the regular meeting date of September 10. There are six potential conflicts
D. From Senator Alice Forgy Kerr and Representative Eddie Ballard, Co-Chairs, Interim Joint Committee on Economic Development and Tourism: Memorandum requesting approval to meet jointly with the Interim Joint Committee on Labor and Industry on October 23, in Lexington, rather than the regular meeting date of October 16. This would be the committee’s third out-of-town meeting. (A&R is scheduled to meet the same day; however, an attempt will be made to stagger meeting times to avoid conflicts.)
E. From Senator Alice Forgy Kerr and Representative Mary Lou Marzian, Co-Chairs, Interim Joint Committee on Labor and Industry: Memorandum requesting approval to meet jointly with the Interim Joint Committee on Economic Development and Tourism on October 23, in Lexington, rather than the regular meeting date of October 16. This would be the committee’s third out-of-town meeting. (A&R is scheduled to meet the same day; however, an attempt will be made to stagger meeting times to avoid conflicts.)
F. From Bobby Sherman: Memorandum recommending Cynthia Galvin to be appointed Associate Uniform Law Commissioner for the remainder of a term which expires January 30, 2010, filling the vacancy left by the retirement of Ann Zimmer.
G. From Senator Charlie Borders and Representative Harry Moberly, Co-Chairs, Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on September 22, rather than the regular meeting date of September 25. There are no apparent conflicts.
H. From Bobby Sherman: Memorandum recommending approval of prefiling deadlines for the 2009 Regular Session.
I. From Bobby Sherman: Memorandum recommending approval of the 2009 Regular Session calendar.
J. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum regarding appointments to the Task Force on Economic Development of the Interim Joint Committee on Economic Development and Tourism.
K. From Bobby Sherman: Memorandum recommending approval of appointments to the NCSL Executive Committee.
L. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum regarding appointments to the Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs of the Interim Joint Committee on State Government
M. From Senate President David L. Williams and House Speaker Jody Richards: Appointment of Representative W. Keith Hall to the Special Subcommittee on Energy
N. From Senate President David L. Williams and House Speaker Jody Richards: Memorandum regarding appointments to the Local Superintendents Advisory Council
O. From Senator Brett Guthrie and Representative Hubert Collins, Co-Chairs, Interim Joint Committee on Transportation: Memorandum requesting approval to meet on Friday, November 7, rather than the regular meeting date of November 4 (election day). There are no apparent conflicts.
P. From Senator Tom Buford and Representative Tommy Thompson, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meeting on Wednesday, October 29, rather than the regular meeting date of October 28. There are no apparent conflicts.
COMMUNICATIONS
1. From Kentucky Employers’ Mutual Insurance: Quarterly Statements for the period ending June 30, 2008.
2. From Kentucky Employers’ Mutual Insurance: Statement of Assets, Liabilities and Surplus, Statement of Income and Statement of Solvency for the period ending June 30, 2008.
3. From the Kentucky Personnel Board: FY 2008 Annual Report.
4. From the Cabinet for Economic Development, Kentucky Commission on Small Business Advocacy: FY 2008 Annual Report.
5. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of July and August 2008.
6. From the Office of the Inspector General, Cabinet for Health and Family Services and the Medicaid Fraud and Abuse Control Division, Office of Attorney General: Medicaid Fraud and Abuse report for FY 2008.
7. From the Cabinet for Health and Family Services, Department for Community Based Services: Report for the period April 15, 2008, through June 30, 3008.
8. From the Cabinet for Economic Development: Kentucky Investment Capital Network Program Report for FY 2008.
9. From the Cabinet for Health and Family Services, Department for Public Health, Kentucky HIV/AIDS Planning and Advisory Council: September 2008 Year End Report.
10. From the Cabinet for Health and Family Services, Department for Community Based Services: Child Abuse and Neglect Annual Report of Child Fatalities and Near Fatalities, September 2008.
11. From the Tourism, Arts and Heritage Cabinet: 1% Transient Room (Lodging) Tax Progress Report.
12. From the Office of the Attorney General: Constitutional Challenge Reports for the month of July 2008.
13. From the University of Kentucky, Kentucky Interagency Groundwater Monitoring Network: FY 2008 Annual Report.
14. From the Personnel Cabinet: Statewide Turnover Report for the 2nd Quarter of 2008.
15. From the Auditor of Public Accounts: Report of the Audit of the 1st Judicial District Corrections Board, Inc., for the Year ended June 30, 2006.
16. From the Auditor of Public Accounts: Report of the Audit of the 1st Judicial District Corrections Board, Inc., for FY 2007.
17. From the Auditor of Public Accounts: Report of the Audit of the 3rd Judicial Circuit Community Corrections Board, Inc., for FY 2007.
18. From the Auditor of Public Accounts: Report of the Audit of the 17th Judicial Circuit, Division One, Community Corrections Program, Inc., for FY 2006.
19. From the Auditor of Public Accounts: Report of the Audit of the 17th Judicial Circuit, Division One, Community Corrections Program, Inc., for FY 2007.
20. From the Auditor of Public Accounts: Report of the Audit of the 18th Judicial Circuit Community Corrections Program for FY 2006.
21. From the Auditor of Public Accounts: Report of the Audit of the 18th Judicial Circuit Community Corrections Program for FY 2007.
22. From the Auditor of Public Accounts: Report of the Audit of the 21st Judicial Circuit Community Corrections Project, Inc., for FY 2006.
23. From the Auditor of Public Accounts: Report of the Audit of the 21st Judicial Circuit Community Corrections Project, Inc., for FY 2007.
24. From the Auditor of Public Accounts: Report of the Audit of the Community Corrections – 24th Judicial Circuit, Inc., for FY 2007.
25. From the Auditor of Public Accounts: Report of the Audit of the 28th Judicial Circuit Community Corrections Board, Inc., for FY 2006.
26. From the Auditor of Public Accounts: Report of the 28th Judicial Circuit Community Corrections Board, Inc., for FY 2007.
27. From the Auditor of Public Accounts: Report of the Audit of the 33rd Judicial Circuit Community Corrections Board for FY 2006.
28. From the Auditor of Public Accounts: Report of the Audit of the 33rd Judicial Circuit Community Corrections Board for FY 2007.
29. From the Auditor of Public Accounts: Report of the Audit of the 36th Judicial Circuit Community Corrections Board for FY 2007.
30. From the Auditor of Public Accounts: Report of the Audit of the 43rd Judicial Circuit Community Corrections Drug Court Program Administered by Administrative Office of the Courts for FY 2007.
31. From the Auditor of Public Accounts: Report of the Audit of the 51st Judicial District Community Corrections Commissions, Inc., for FY 2006.
32. From the Auditor of Public Accounts: Report of the Audit of the 51st Judicial District Community Corrections Commissions, Inc., for FY 2007.
33. From the Auditor of Public Accounts: Report of the Audit of the Office of the Commonwealth’s Attorney 54th Judicial District, for FY 2007.
34. From the Auditor of Public Accounts: Report of the Audit of the 56th Judicial District Corrections Board, Inc., for FY 2007.
35. From the Auditor of Public Accounts: Report of the Audit of the Community Corrections – Drug Court Program Administered by the Administrative Office of the Courts, for FY 2007.
36. From the Auditor of Public Accounts: Report of the Audit of the Jefferson County Drug Court Program, for FY 2006.
37. From the Auditor of Public Accounts: Report of the Audit of the Jefferson County Drug Court Program, for FY 2007.
38. From the Auditor of Public Accounts: Report of the Audit of the Kenton County Community Corrections Advisory Board, Inc., Administered by Transitions, Inc., for FY 2006.
39. From the Auditor of Public Accounts: Report of the Audit of the Kenton County Community Corrections Advisory Board, Inc., Administered by Transitions, Inc., for FY 2007.
40. From the Auditor of Public Accounts: Independent Accountant’s Report of the Kentucky Health Care Improvement Fund for FY 2007.
41. From the Auditor of Public Accounts: Independent Accountant’s Report of the Early Childhood Development Fund for FY 2007.
42. From the Auditor of Public Accounts: Report of the Audit of the Eastern Kentucky Exposition Center Corporation, Inc., for FY 2007.
43. From the Auditor of Public Accounts: Report on the Agreed-Upon Procedures Engagement of the Kentucky Executive Branch Ethics Commission Statements of Financial Disclosure for the calendar year 2007.
44. From the Auditor of Public Accounts: Report on Compliance with Civil Rights Laws Including Agency Title VI Implementation Plans, Updates and Compliance Reports for FY 2007.
45. From the Auditor of Public Accounts: Report of the Statewide Single Audit of the Commonwealth of Kentucky for FY 2007.
46. From the Auditor of Public Accounts: Independent Accountant’s Report of the Rural Development Fund for FY 2007.
47. From the Auditor of Public Accounts: Independent Accountant’s Report on Agreed-Upon Procedures for the Kentucky Department of Local Government for FY 2008.
48. From the Auditor of Public Accounts: Report of the Examination of Certain Specific Financial Activity of Kenlake State Resort Park.
49. From the Auditor of Public Accounts: Examination of the Kentucky Agricultural Development Board – Allied Food Marketers West, Inc., Project.
50. From the Auditor of Public Accounts: Independent Accountant’s Report of the Lung Cancer Research Fund for FY 2007.
51. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-Upon Procedures to the Kentucky Department of Education for FY 2007.
52. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Department of Agriculture Spay and Neuter Program for FY 2008.
53. From the Auditor of Public Accounts: Evaluation of Kentucky’s General Aviation Aircraft, September 2008 – Performance Audit.
RESOLUTIONS
A. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Clossie Ann Canter Neilson.
B. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Ruric Nevel Greene.
C. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Second Lieutenant Howard Clifton Enoch, Jr.
D. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Kenny Ray Walton II.
E. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Luther “Pete” Waits.
F. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Emma Waldeck.
G. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Wilma Jean Timberlake.
H. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of William Terry Ward.
I. A RESOLUTION adjourning the Legislative Research Commission in honor and loving memory of Charles Steven Smothers.
Senator Seum moved that the Commission go into Executive Session at 1:45 p.m. The motion was seconded by Representative Lee. The motion carried.
Upon returning from Executive Session, a Motion was made by Senator Seum and seconded by Representative Wilkey that the Commission adopt a Memorandum stating that effective September 1, 2008, the salary of the LRC Director shall be set at $16,250 per month.
Representative Wilkey stated that given a review of the salaries across state government, and the importance of the position occupied by the LRC Director, the salary increase was appropriate.
A roll call vote on Senator Seum’s Motion was taken and the Motion passed 11-5.
There being no further business, the meeting was adjourned at 2:30 p.m.