Call to Order and Roll Call
The 531st meeting of the Legislative Research Commission was held on Wednesday, July 28, 2010, at<MeetTime> 2:00 PM, in Room 111 of the Louisville Convention Center. 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 Greg Stumbo, Co-Chair; Senators Carroll Gibson, Jerry P. Rhoads, Katie Kratz Stine, Robert Stivers II, Johnny Ray Turner, and Ed Worley; Representatives Rocky Adkins, Larry Clark, Robert R. Damron, Bob M. DeWeese, Jeff Hoover, and John Will Stacy.
Guests:
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 November 4, 2009; accept items A. through P. under Staff and Committee Reports; refer prefiled bills as indicated and approve items B. through V. under New business; and, accept and refer as indicated items 1. through 102 under Communications. A Motion was made by Senator Gibson and seconded by Representative Damron. A roll call vote was taken and the motion passed unanimously. The following items were approved, accepted or referred:
A. Information requests for December 2009 and January through June 2010.
B. Committee Activity Report for May and June 2010.
C. Reports of the Administrative Regulation Review Subcommittee meetings of November 10 and December 14, 2009, and January 11, February 8, March 8, April 14, May 11, and June 8, 2010.
D. Committee review of administrative regulations by the Interim Joint Committee on Education during its meetings of November 9, 2009 and July 12, 2010.
E. Committee review of administrative regulations by the Education Assessment and Accountability Review Subcommittee during its meetings of May 14, and June 14, 2010.
F. Committee review of administrative regulations by the House Standing Committee on Health and Welfare during its meeting of January 14, 2010.
G. Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare during its meeting of June 16, 2010.
H. Committee review of administrative regulations by the Interim Joint Committee on Local Government during its meeting of June 23, 2010.
I. Committee review of the FY 2009-2010 Substance Abuse Prevention and Treatment Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of November 18, 2009.
J. Committee review of the FY 2009-2010 Community Mental Health Services Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting of November 18, 2009.
K. Committee review of the FY 2010 Social Services Block Grant Application by the Senate Standing Committee on Health and Welfare during its meeting of March 24, 2010.
L. Committee review of the FY 2010 Social Services Block Grant Application by the House Standing Committee on Health and Welfare during its meeting of March 25, 2010.
M. Committee review of the FY 2010 Small Cities Block Grant Application by the Senate Standing Committee on State and Local Government and the House Standing Committee on Local Government during its meeting of March 24, 2010.
N. Committee review of the FY 2011 Low Income Home Energy Assistance Program Block Grant Application by the Special Subcommittee on Energy during its meeting of June 18, 2010.
O. Committee review of Executive Reorganization Order 2010-429 by the Interim Joint Committee on Local Government during its meeting of June 23, 2010.
P. Committee review of Executive Reorganization Order 2010-430 by the Interim Joint Committee on Education during its meeting of July 12, 2010.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 10 (relating to tuition for foster children); BR 13 (relating to obesity in school children); and BR 20 (relating to early education assessment and intervention) to Education; BR 12 (relating to prescription drugs) to Health and Welfare; BR 14 (relating to evidence); BR 18 (relating to child custody); BR 23 (relating to domestic relations); and BR 49 (relating to criminal record expungement) to Judiciary; BR 4 (relating to promotional sampling of distilled spirits and wine) to Licensing and Occupations; BR 50 (affirming the principles of the Ninth and Tenth Amendments to the United States Constitution and declaring that the United States Constitution will be nullified if the federal government assumes further powers that it does not possess) to State Government; BR 22 (relating to the reporting of stolen items with vehicle identification numbers) and BR 47 (relating to highway signs) to Transportation; BR 11 (relating to probate fees) to Veterans, Military Affairs and Public Protection.
B. From Senator Jack Westwood and Representative Kent Stevens, Co-Chairs, Education Assessment and Accountability Review Subcommittee: Memorandum requesting approval of the Guidelines for the Operation and Use of the National Technical Advisory Panel on Assessment and Accountability.
C. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing Commissioners to the National Conference of Commissioners on Uniform State Laws.
D. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum reappointing Turney P. Berry to the National Conference of Commissioners on Uniform State Laws.
E. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum amending the General Assembly Travel Reimbursement Guidelines.
F. From Senator Tom Jensen and Representative John Tilley, Co-Chairs, Interim Joint Committee on Judiciary: Memorandum requesting approval to change the regular meeting day from the first Friday of each month to the second Wednesday of each month. There are three potential conflicts.
G. From Senator Brandon Smith and Representative Jim Gooch, Co-Chairs, Interim Joint Committee on Natural Resources and Environment: Memorandum requesting approval to change the regular meeting day from the fourth Friday of each month to the first Thursday of each month. There are no apparent conflicts
H. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum creating the Task Force on the Penal Code and Controlled Substance Act and appointing membership to the Task Force.
I. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum creating the Task Force on Medicaid Cost Containment and appointing membership to the Task Force.
J. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing members to the Task Force on Economic Development of the Interim Joint Committee on Economic Development and Tourism. The Task Force is a subcommittee of the Interim Joint Committee on Economic Development and Tourism.
K. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum appointing members to the Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs of the Interim Joint Committee on State Government. The Task Force is a subcommittee of the Interim Joint Committee on State Government.
L. From Senator Ken Winters and Representative Carl Rollins, Co-Chairs, Interim Joint Committee on Education: Memorandum requesting approval of the formation and memberships of the Subcommittee on Postsecondary Education and the Subcommittee on Elementary and Secondary Education.
M. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum authorizing the Legislative Research Commission to assume the administration of the Vic Hellard, Jr., Award.
N. From Senator Ernie Harris and Representative Hubert Collins, Co-Chairs, Interim Joint Committee on Transportation: Memorandum requesting approval of the formation and memberships of the Subcommittee on Kentucky Waterways.
O. From Senator Brandon Smith and Representative Keith Hall, Co-Chairs, Special Subcommittee on Energy: Memorandum requesting approval to tour an out-of-state facility in Illinois, in conjunction with the committee’s meeting, on its regular meeting date, in Paducah on August 20.
P. From Senator David Givens and Representative Tom McKee, Co-Chairs, Interim Joint Committee on Agriculture: Memorandum requesting approval to meet on Thursday, August 26, with the Kentucky State Fair Board during the Kentucky State Fair, rather the regularly scheduled meeting date of Wednesday, August 11. This will be the second out-of-town meeting. There are sixteen (16) potential conflicts.
Q. From Senator Ernie Harris and Representative Hubert Collins, Co-Chairs, Interim Joint Committee on Transportation: Memorandum requesting approval to meet on August 10, rather than the regularly scheduled meeting date of August 3.
R. From Senator Damon Thayer and Representative Mike Cherry, Co-Chairs, Interim Joint Committee on State Government: Memorandum requesting approval to meet on November 17, rather than the regularly scheduled meeting date of November 24 (day prior to Thanksgiving). There are five potential conflicts.
S. From Senator Alice Forgy Kerr and Representative Rick Nelson, Co-Chairs, Interim Joint Committee on Labor and Industry: Memorandum requesting approval to meet on September 14, rather than the regularly scheduled meeting date of September 16, at Kentucky Dam Village in conjunction with the Kentucky Labor-Management Conference. There is one potential conflict.
T. From Senator Tom Buford and Representative Jeff Greer, Co-Chairs, Interim Joint Committee on Banking and Insurance: Memorandum requesting approval to meet on November 11, rather than the regularly scheduled meeting date of November 23, at the Brown Hotel in Louisville in conjunction with the Independent Insurance Agents of Kentucky Annual Convention. There are five potential conflicts.
U. 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 August 17, rather than the regularly scheduled meeting date of August 19. There are four potential conflicts.
V. From Senate President David L. Williams and House Speaker Gregory D. Stumbo: Memorandum pertaining to the Special Advisory Commission of Senior Citizens.
COMMUNICATIONS
1. From Senator John Schickel, Representative Reginald Meeks and Representative Kelly Flood, Co-Chairs, Program Review and Investigations Committee: Memoranda regarding opportunity for appointment of ex officio members for particular studies.
2. From the Office of the Attorney General: Constitutional Challenge Reports for the months of September, October, November, and December 2009, and January, February and Supplemental for February, March, April and May 2010.
3. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of October, November, and December 2009, and January, February, March, April, May and June 2010.
4. From the Kentucky Office of Homeland Security: 2009 Annual Report.
5. From the Kentucky Department of Agriculture: State Veterinarian’s Report on the Cervid Chronic Wasting Disease Surveillance Identification Program.
6. From the Cabinet for Economic Development: Kentucky Enterprise Initiative Act Annual Report for FY 09.
7. From the Kentucky Employers’ Mutual Insurance: 2010 Administrative Budget, Financial Status, and Actuarial Condition.
8. From the Public Protection Cabinet, Department of Insurance: The Impact of Mental Health Parity on Health Insurance Cost in Kentucky, November 2009.
9. From the Auditor of Public Accounts: Examination of Certain Financial Transactions, Polices, and Procedures of the Kentucky Association of Counties, Inc.
10. From the Kentucky Center for the Arts: 2010-2012 Biennial Budget Request.
11. From Kentucky Employers’ Mutual Insurance: Quarterly Statement and Financial Status for the periods ending September 30, 2009.
12. From the Department of Education: Annual Audit of School Districts, October 2009.
13. From Eastern Kentucky University: Financial Statements for FY 09 and Independent Auditors’ Report.
14. From the Kentucky Judicial Form Retirement System: Actuarial Valuation Report as of July 1, 2009, for the Kentucky Judicial Retirement Plan and Actuarial Valuation Report as of July 1, 2009, for the Kentucky Legislators Retirement Plan.
15. From the Department of Education: KIDS NOW Bi-Annual Report for the period FY 08-09.
16. From Northern Kentucky University: FY 09 Financial Report.
17. From the Department of Education: 2009 Physical Activity Report.
18. 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 October 2009, and year-to-date activity for the period July 1 through October 31, 2009; for the month of December 2009, and year-to-date activity for the period July 1 through December 31, 2009; for the month of January 2010, and for the period of July 1, 2009, through January 31, 2010; for the month of February 2010, and year-to-date activity for the period July 1, 2009, through February 28, 2010; for the month of March 2010, and year-to-date activity for the period July 1, 2009, through March 31, 2010; for the month of April 2010, and year-to-date activity for the period July 1, 2009, through April 30, 2010; and, for the month of May 2010, and year-to-date activity for the period July 1, 2009, through May 31, 2010.
19. From the Cabinet for Health and Family Services, Office of the Secretary: Kentucky Women’s Cancer Screening Program Annual Report on the Status of Breast Cancer in the Commonwealth, FY 08
20. From the Cabinet for Economic Development: Incentives for Energy Independence Act Annual Report, November 2008
21. From State Budget Director Mary E. Lassiter: November 2009 and January, March and June 2010 monthly updates on ARRA formula funding.
22. From the Kentucky Retirement Systems: Financial Statements and Supplementary Information for FY 09.
23. From the Kentucky Legislative Ethics Commission: FY 09 Annual Report.
24. From the Mine Equipment Review Panel: Report and Recommendations to the Office of Mine Safety and Licensing, September 2009.
25. From the Council on Postsecondary Education: Letter regarding information on postsecondary education students participating in the tuition and mandatory fee waiver program for foster or adopted children, FY 09.
26. From the Kentucky Pollution Prevention Center: FY 09 Annual Report.
27. From the Kentucky Labor Cabinet: 2009 Annual Report
28. From the University of Kentucky: Kentucky Interagency Groundwater Monitoring Network Annual Report for FY 09.
29. From the Kentucky Judicial Form Retirement System: Audit of the Kentucky Judicial Form Retirement System, FY09.
30. From Murray State University: Accountants’ Report and Financial Statements, FY 09.
31. From the Public Protection Cabinet, Department of Insurance: Kentucky Access Report, January 2010.
32. From the Auditor of Public Accounts: Report of the Audit of the Kentucky School Facilities Construction Commission, FY 09.
33. From the Auditor of Public Accounts: Report of the Audit of the West Kentucky Education Cooperative. FY 09.
34. From the Auditor of Public Accounts: Report of the Audit of the Central Kentucky Education Cooperative, FY 09.
35. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, ABC-123 Day Care-N-Learning Center-084-1A5-999PC, Federal FY 08.
36. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Big Blue Bird, LLC, 034-6P8-999-PC. Federal FY 08.
37. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Advanced Learning Center, Inc., 056-2QO-999-PC, Federal FY 08.
38. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Advanced Learning Center, Inc., II, 056-7CI-999-PC, Federal FY 08.
39. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Animal Krackers Discovery Center, 025-OAO-999-PC, Federal FY 08.
40. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Bizzy Bees Child Care, 103-6N2-999-PC, Federal FY 08.
41. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Cornerstone to Learning, Inc., 075-5K1-999-PC, Federal FY 08.
42. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Kaleidoscope, Inc., 056-U84-999-AC, Federal FY 08.
43. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Johnson’s 2, Inc., 056-6C6-999-PC, Federal FY 08.
44. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Kids Unlimited Learning, 034-7J7-999-PC, Federal FY 08.
45. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Little Angels Primary House, 090-3V6-999-PC, Federal FY 08.
46. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Kidz Konnection, 034-1T4-999-PC, Federal FY 08.
47. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, For Kids Only, 056-7M1-999-PC, Federal FY 08.
48. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Stepping Stones for Children, 073-3B2-999-PC, Federal FY 08.
49. From the Auditor of Public Accounts: Independent Accountant’s Report on Applying Agreed-upon Procedures to the Kentucky Department of Education, Little People’s Child Development Center, 047-6Q1-999-PC, Federal FY 08.
50. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Public Health Insurance Program, FY 09.
51. From the Auditor of Public Accounts: Report of the Audit of the Kentucky River Authority, FY 09.
52. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Artisan Center at Berea, FY 09.
53. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Horse Park, FY 09.
54. From the Auditor of Public Accounts: Report of the Audit of the Green River Regional Educational Cooperative, Inc., FY 09.
55. From the Auditor of Public Accounts: Report of the Examination of the Lease Law Compliance made pursuant to KRS 43.050(2)(e), FY 09.
56. From the Auditor of Public Accounts: Report of the Audit of the Cabinet for Health and Family Services Breast Cancer Research and Education Trust Fund Grant Program, FY 09.
57. From the Auditor of Public Accounts: Governor’s Office of Agricultural Policy Tobacco Settlement Review – Rural Development Fund, FY 08.
58. From the Auditor of Public Accounts: Report of the Audit of the Kentucky Educational Development Corporation, FY 09.
59. From the Auditor of Public Accounts: Examination of Certain Financial Transactions, Policies, and Procedures of the Kentucky League of Cities, Inc.
60. From the Kentucky Labor Cabinet, Department of Workers’ Claims: Commissioner’s Report on AMA Guides.
61. From the Kentucky Labor Cabinet, Department of Workers’ Claims: Corrections to the Commissioner’s Report on AMA Guides.
62. From the Cabinet for Health and Family Services, Office of the Secretary: Elder Abuse in Kentucky, 2009 Annual Report.
63. From the Energy and Environment Cabinet, Division of Waste Management: Kentucky’s Waste Tire Program, A Report to the General Assembly.
64. From the Cabinet for Health and Family Services, Office of the Secretary: 2009 Charitable Health Provider Report.
65. From the Cabinet for Health and Family Services: 2009 Annual Report on licensed blood establishments in Kentucky.
66. From the Personnel Cabinet: Statewide Turnover Report for the fourth quarter 2009.
67. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarters Ending December 31, 2009, and March 31, 2010.
68. From the Auditor of Public Accounts: Report to the General Assembly on Kentucky Employers’ Mutual Insurance Authority, Calendar Years 08-09.
69. From the University of Kentucky: Kentucky Geological Survey, FY 09 Annual Report.
70. From the Cabinet for Economic Development, Department of Financial Incentives: Loan data sheets for each loan approved as of the quarters ending December 31, 2009, March 31 and June 30, 2010.
71. From the University of Kentucky, Kentucky Tobacco Research & Development Center: Annual Report for FY 09
72. From the Public Protection Cabinet, Department of Insurance: 2009 Annual Report of the Kentucky Health Care Improvement Authority.
73. From the Kentucky State Nature Preserves Commission: 2010 Report on Kentucky’s Native Flora – Status and Trends of Rare Plants.
74. From the Department of Agriculture: Kentucky Senior Farmers’ Market Nutrition Program 2009 Annual Report.
75. From the Cabinet for Health and Family Services: 2009 Kentucky Colon Cancer Screen Advisory Committee Annual Report.
76. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report.
77. From Kentucky Employers’ Mutual Insurance: Annual Statement and Letter of Actuarial Opinion for the year ended December 31, 2009.
78. From the Cabinet for Economic Development: Business Information Clearinghouse 2009 Annual Report.
79. From the Cabinet for Health and Family Services, Department for Aging and Independent Living: Traumatic Brain Injury Trust Fund Program Annual Report, FY 2009.
80. From the Kentucky Pollution Prevention Center: KEEPS Status Report through December 31, 2009.
81. From the Cabinet for Health and Family Services, Office of the Secretary: 2009 Annual Child Fatality Review Report.
82. From the Auditor of Public Accounts: Report of the Statewide Single Audit of the Commonwealth of Kentucky Volume II, FY 09.
83. From the Cabinet for Health and Family Services: 2009 Annual Report from the Chair of the Kentucky Spinal Cord and Head Injury Research Board.
84. From the University of Kentucky, Kentucky Tobacco Research & Development Center: Quarterly Report for the period January 1 through March 31, 2010.
85. From the Department of Corrections: Private Prisons Performance Evaluation, 2008 and 2009.
86. From the Finance and Administration Cabinet: Report of the number of individuals working on a full-time equivalent and recurring basis, July through December 2009, pursuant to 2010 HB 387.
87. From the Personnel Cabinet: Personnel Cabinet Quarterly Reports pursuant to 2010 HB 387.
88. From the Office of the Attorney General: Re: Audit Examination of Fulton County Sheriff’s Settlement – 2007 Taxes.
89. From the Office of the Attorney General: Re: Audit Examination of Magoffin County Sheriff CYE 2006 and CYE 2008.
90. From the Office of the Attorney General: Audit Re: Examination of Former Leslie County Sheriff – CYE 2006.
91. From the Office of the Attorney General: Re: Audit Examination of McCreary County Sheriff – CYE 2006 and 2007.
92. From the Personnel Cabinet: 2009 Annual State-Wide Turnover Per KRS 18A:030(4).
93. From Kentucky Employers’ Mutual Insurance: Quarterly Statement and Financial Status for the periods ending March 31, 2010.
94. From the Department of Education: Initial Plan – Unified Strategy for College and Career Readiness, pursuant to 2009 SB 1.
95. From the Personnel Cabinet: 2010 First Quarter Turnover Report.
96. From the Tourism, Arts, and Heritage Cabinet: Kentucky State Parks Financial and Operations Strategic Plan.
97. From the Cabinet for Health and Family Services: 2009 Report on Interstate Sharing of KASPER Data.
98. From the Kentucky Commission on the Deaf and Hard of Hearing: Telecommunications Access Program Annual Report, FY 10.
99. From the Energy and Environment Cabinet, Division of Waste Management: Biennial Report on Revenues and Expenditures of the Hazardous Waste Management Fund, FY 09 and FY 10.
100. From the Kentucky Legislative Ethics Commission: Recommended Changes to the Kentucky Code of Legislative Ethics.
101. From the Kentucky Judicial Form Retirement System: Operating Statement of the Kentucky Judicial Retirement Fund for FY 09-10 and Operating Statement of the Kentucky Legislators Retirement Fund for FY 09-10.
102. From the Department of Education: Kentucky Assessment System: Validation and Research Agenda, Biennial Plan for Validation Studies, FY 2010-2012.