Legislative Research Commission


Minutes of the<MeetNo1> 507th Meeting

of the 2003 Interim


<MeetMDY1> December 3, 2003


The<MeetNo2> 507th meeting of the Legislative Research Commission was held on<Day> Wednesday,<MeetMDY2> December 3, 2003, at<MeetTime> 1:30 PM, in<Room> Room 131 of the Capitol Annex. Senator David L. Williams, Chair, called the meeting to order, and the secretary called the roll.


Present were:


Members:<Members> Senator David L. Williams, Co-Chair; Representative Jody Richards, Co-Chair; Senators Bob Jackson, Daniel Kelly, Richard Roeding, Elizabeth Tori, Johnny Ray Turner, and Ed Worley; Representatives Rocky Adkins, Joe Barrows, Jim Callahan, Larry Clark, Bob DeWeese, and Ken Upchurch.


LRC Staff:  Bobby Sherman and Diana L. Hill.


Senator Williams called the meeting to order and the secretary called the roll.  There being a quorum present, Senator Williams then yielded to Representative Richards.  Representative Richards said that on November 25, Representative Stumbo resigned his position as House Majority Floor Leader, thereby creating a vacancy on the Commission.  On that day the House Majority Caucus met and elected Representative Rocky Adkins as Floor Leader.


Representative Richards called for a motion from a member of the Democratic party of the House, for Representative Adkins to fill the vacancy on the Legislative Research Commission.  The motion was made by Representative Clark and seconded by Representative Callahan.  A roll call vote was taken of the four House Democrats, and the motion passed unanimously.


Representative Richards then yielded to Senator Williams, who recognized Representative Adkins.  Representative Adkins thanked the members, and said he was looking forward to working with the Commission in the future.


Senator Williams called for a motion for the Commission to approve the minutes of the November 5, 2003, meeting; accept items A. through E. under Staff and Committee Reports; refer pre-filed bills as indicated, refer administrative regulations as indicated, and approve and refer as indicated items C. and D. under New Business; accept and refer as indicated items A. through J. under Communications; and approve the handout regarding an Inauguration Day reception.  A motion was made by Senator Roeding and seconded by Senator Worley.  A roll call vote was taken and the motion passed unanimously to approve the entire agenda as follows:



A.        Information requests.

B.        Committee activity report for November 2003.

C.        Committee review of administrative regulations by the Interim Joint Committee on Health and Welfare at its November 19, 2003, meeting.

D.       Committee review of administrative regulations by the Interim Joint Committee on Appropriations and Revenue at its November 25, 2003, meeting.

E.        Committee review of Executive Reorganization Order 2003-1076, proposing to eliminate duplicity between the existing Division of Traffic and Division of Operations within the Transportation Cabinet, by the Interim Joint Committee on Transportation at its October 30, 2003, meeting.


A.        Referral of prefiled bills to the following committees: BR 428 (A CONCURRENT RESOLUTION confirming the appointment of Bayard Collier as a member and chair of the Mine Safety Review Commission) to Agriculture and Natural Resources; BR 323 (relating to tax credits for historic property rehabilitation and construction) to Appropriations and Revenue; BR 342 (relating to health insurance coverage for colorectal cancer detection); and BR 343 (relating to health insurance coverage for colorectal cancer detection) to Banking and Insurance; BR 173 (relating to school facilities); BR 306 (relating to the Kentucky Educational Excellence Scholarship program); and BR 382 (relating to use of a Kentucky Excellence Education Scholarship award in an out-of-state institution) to Education; BR 178 (relating to substance abuse); BR 248 (relating to communicable diseases); BR 249 (relating to the Harm Reduction Act of 2004); BR 257 (relating to nonsubstantive review of an application for a certificate of need); BR 339 (relating to the charitable drug repository program); BR 340 (relating to the dispensing of emergency contraceptives); BR 347 (relating to children’s psychiatric residential treatment facilities); BR 355 (relating to Myositis Awareness Day); BR 458 (relating to nursing); and BR 459 (relating to nursing) to Health and Welfare; BR 206 (A CONCURRENT RESOLUTION relating to the protection of the public from sexual offenders); BR 318 (relating to adoption of the Uniform Child Custody Jurisdiction and Enforcement Act); and BR 341 (relating to the abolition of the death penalty); BR 349 (relating to the child support guidelines table); and BR 350 (relating to adjustments to child support awards for shared parenting time) to Judiciary; BR 282 (relating to the Kentucky Racing Health and Welfare Fund and declaring an emergency); BR 291 (relating to wineries); and BR 807 (relating to engineering); to Licensing and Occupations; BR 221 (relating to the provision of services by county interlocal agreement, making an appropriation therefor and declaring an emergency); BR 386 (relating to instruction of local elected and appointed officials); and BR 451 (relating to county coroners) to Local Government; BR 233 (A CONCURRENT RESOLUTION urging the Legislative Research Commission to adopt the provisions of the Governor’s Executive Order 2001-1084 relating to domestic violence and sexual assault in the public workplace); BR 234 (relating to sponsorship of bills); BR 435 (relating to the state lottery); BR 446 (relating to voting); BR 839 (proposing an amendment of the Constitution of Kentucky by creating a Section 3A relating to marriage); BR 840 (A CONCURRENT RESOLUTION urging the Congress of the United States to adopt a proposed amendment to the Constitution of the United States to protect the definition of marriage) to State Government; BR 52 (relating to hardship driver’s licenses); BR 197 (A JOINT RESOLUTION naming the 1932 Yancey Mine Disaster Memorial Highway); BR 232 (relating to child safety); BR 245 (relating to special license plates); BR 325 (relating to graduated drivers’ licenses for teenagers); BR 403 (relating to the penalty for violating handicapped parking requirements); and BR 416 (relating to motor vehicles) to Transportation.

B.        Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 301 KAR 2:081 & E. (Transportation and holding of native wildlife); 301 KAR 2:083 & E. (Transportation and holding of captive cervids) 301 KAR 2:172 (Deer hunting seasons and requirements); 301 KAR 2:178 (Deer hunting on Wildlife Management Areas); 301 KAR 2:221 & E. (Waterfowl seasons and limits); 301 KAR 2:222 & E. (Waterfowl hunting requirements); 301 KAR 2:225 & E. (Dove, wood duck, teal, and other migratory game bird hunting); 302 KAR 40:010 (Certification of organic production, processing, or handling operations) to Agriculture and Natural Resources; 907 KAR 1:011 & E. (Technical eligibility requirements); 907 KAR 1:015 & E. (Payments for hospital outpatient services); 907 KAR 1:031 & E. (Payments for home health services); 907 KAR 1:585 & E. (Estate recovery); 907 KAR 1:640 & E. (Income standards for Medicaid); 907 KAR 1:645 & E. (Resource standards for Medicaid); 907 KAR 1:650 & E. (Trust and transferred resource requirements for Medicaid); 907 KAR 1:665 & E. (Special income requirements for hospice and home and community-based services); 907 KAR 3:005 (Physicians' services); 907 KAR 3:010 (Reimbursement for physicians' services); 907 KAR 3:030 & E. (Coverage and payments for IMPACT Plus services) to Appropriations and Revenue; 11 KAR 4:040 (Educational institution participation requirements) to Education; 906 KAR 1:100 (Nurse aide abuse registry, home health aide abuse registry, and hearing procedures); 921 KAR 1:410 (Child support collection and distribution); 921 KAR 2:046 (Adverse action; conditions); 922 KAR 1:500 & E. (Educational and training vouchers); 922 KAR 2:230. (Director's credential); 922 KAR 2:250 (Commonwealth child care credential) to Health and Welfare; 803 KAR 2:180 & E. (Recordkeeping; statistics); and 803 KAR 25:175 (Filing of insurance coverage and notice of policy change or termination) to Labor and Industry; 804 KAR 4:040 (Bottling house storage); 804 KAR 4:130 (Beer storage); 804 KAR 4:140 (Distributor's storage); 804 KAR 4:160 (Beer transporter); 804 KAR 4:220 (Riverboats); 804 KAR 4:230 (Extended hours supplemental licenses); 804 KAR 4:240 (Registration of brands); 804 KAR 4:250 (Special temporary licenses); 804 KAR 4:260 (Horse race track license); 804 KAR 4:310 (Caterer's license); 804 KAR 4:340 (Brew-on-premises license); 804 KAR 4:350 (Out-of-state brewers' licenses); 804 KAR 4:380 (Farm and small winery functions); 804 KAR 6:010 (Procedures); 804 KAR 8:050 (Signs on vehicles used); and 806 KAR 3:230 (Standards for safeguarding customer information); 806 KAR 17:180 & E. (Standard health benefit plan and comparison format) to Licensing and Occupations; 202 KAR 8:030 (Nomination process for Kentucky military heritage designation) to Seniors, Military Affairs, and Public Safety; 105 KAR 1:380 & E. (Minimum distribution); 200 KAR 5:021 (Manual of policies and procedures); 200 KAR 5:051. Repeal of 200 KAR 5:025, 200 KAR 5:050 and 200 KAR 5:304; 200 KAR 5:076 (Small and small minority business set asides) 200 KAR 5:302 (Delegation of authority); 200 KAR 5:305 (Performance bonds; forms; payments); 200 KAR 5:306 (Competitive sealed bidding); 200 KAR 5:307 (Competitively negotiated contracts) 200 KAR 5:309 (Noncompetitive negotiations); 200 KAR 5:310 (Multiple contracts); 200 KAR 5:311 (Contract modifications); 200 KAR 5:312 (Termination of contracts); 200 KAR 5:313 (General and special conditions for bidding); 200 KAR 5:314 (Disclosure of contractor's financial records and information to certain governmental entities); 200 KAR 5:315 (Disciplinary action for failure to perform); 200 KAR 5:317 (Cost principles); 200 KAR 5:325 (Consideration to be given to use of Kentucky-made wood products); 200 KAR 5:330 (Purchase of goods, supplies, equipment, materials and printing with minimum recycled content) to State Government.

C.        From Senator Julie Denton and Representative Mary Lou Marzian, Co-Chairs, Legislative Task Force on Services and Supports to Individuals with Acquired Brain Injuries: Memorandum requesting approval to meet on December 10, 2003, to finalize recommendations and approve the final report.

D.       From Bobby Sherman: Memorandum recommending that the now completed Study of Compulsive Gambling be referred, pursuant to 03 HCR 126, to the Interim Joint Committees on Appropriations and Revenue, Licensing and Occupations, and State Government.


A.        From Senator Katie Stine and Representative Charlie Hoffman, Co-Chairs, Program Review and Investigations Committee:  Memorandum notifying the Commission, pursuant to KRS 6.905(3) of two topics for study and statutory opportunity for consideration of appointment of non-voting ex officio members.

B.        From the Kentucky Higher Education Student Loan Corporation: Unaudited financial statements for the three months ending September 30, 2003, to Education and Appropriations and Revenue.

C.        From the Secretary for Health Services: Letter in response to an audit by the State Auditor of Public Accounts on the Cabinet for Health Services regarding DUI programs to Judiciary and Appropriations and Revenue.

D.       From the Office of Attorney General: Constitutional Challenge Reports for September and October 2003. (Staff suggested committee referral: Judiciary.)

E.        From the Kentucky Council on Postsecondary Education: Knowledge-based Economy Report. (Staff suggested committee referrals: Education and Appropriations and Revenue.)

F.         From Kentucky Employers’ Mutual Insurance: Statement of Assets, Liabilities and Surplus as of September 30, 2003. (Staff suggested committee referrals: Labor and Industry and Appropriations and Revenue.)

G.       From the Kentucky Employers’ Mutual Insurance: Quarterly Statement for the Quarter Ending September 30, 2003. (Copy available upon request.) (Staff suggested committee referrals: Labor and Industry and Appropriations and Revenue.)

H.       From the Department of Insurance: 2003 Annual Report of the Kentucky Health Care Improvement Authority. (Staff suggested committee referrals: Banking and Insurance and Health and Welfare.)

I.           From the Executive Branch Ethics Commission: 2001-2003 Biennial Report. (Copy available upon request.) (Staff suggested committee referral: State Government.)

J.          From the Office for the New Economy, Cabinet for Economic Development: Annual Report of the Office for the New Economy. (Copy available upon request.) (Staff suggested committee referral: Economic Development and Tourism.)

There being no further business, the meeting was adjourned at 1:45 p.m.