2010 Interim LEGISLATIVE Volume 23, No. 6 November 2010 * Read on-line at www.lrc.ky.gov/legislation.htm* RECORD Hyland receives Vic Hellard Jr. 2010 Vic Hellard Jr. Award Award past winners by Scott Payton 2009 LRC Public Information Congressman Romano Mazzoli Peggy Hyland, who served the Kentucky Gen- eral Assembly in increasingly responsible roles over 2008 a distinguished 26-year career with the Legislative Sally Brown Research Commission staff, has been named recipi- ent of the 2010 Vic Hellard Jr. Award for excellence in public service. 2007 The Hellard Award has been given annually John R. Hall since 1997. Hyland, of Louisville, was selected for this year’s honor by the 16-member legislative lead- 2006 ership that comprises the LRC. The LRC assumed responsibility for the award this year. (See sidebar Sylvia L. Lovely for past Hellard Award recipients). Hellard himself was the executive director of 2005 the LRC staff for 19 years, a period covering most William H. Hintze of Hyland’s service. In announcing the award, LRC co-chairs Da- vid L.Williams, President of the Senate, and Greg 2004 Stumbo, Speaker of the House, said Hyland’s selec- Robert M. “Mike” Duncan tion was especially well-deserved, given the crucial but behind-the-scenes nature of her work on behalf of millions of Kentuckians who’d never heard her 2003 name. Walter A. Baker “In her 26 years here, Hyland earned Peggy was an unsung hero 2002 who embodied the best in a reputation for legislative staffi ng,” Wil- Peggy Hyland was selected to receive the 2010 Vic Hellard Jr. Virginia G. Fox liams said. “She developed Award for her dedicated service during a 26-year career with the professionalism, a well-earned reputation Legislative Research Commission. She retired from the LRC in 2001 2002. nonpartisanship, for professionalism, even- Thomas D. Clark handed nonpartisanship, fairness and fairness and good humor. And she devoted her whole career to serving the people of Kentucky without seeking or expecting public credit or applause. If for her 2000 good humor. selfl ess dedication alone, this public recognition of her invaluable contribution is Albert P. (Al) Smith long-overdue.” After joining the LRC staff in 1976, Hyland’s career arc with the agency saw 1999 her rise steadily from committee staff to assistant director, deputy director and —during a challenging hiatus between appointed directors in the late ‘90s—acting interim director. Her Mary Helen Miller focus was committee and staff coordination, seeing that the Legislature’s all-important committee system ran smoothly. 1998 But Hyland’s career was not limited to committee and staff work. In fact, she was in some ways most Joseph W. Kelly noted for her advocacy of a concept considered innovative among legislative service agencies at the time: The use of committee staff and agency resources to identify emerging issues and trends, and to brief law- makers in advance on problems—and solutions—before a cloud on the horizon became a full-blown storm. 1997 “Peggy virtually invented the concept of long-term Continued on page 2 Anthony M. Wilhoit

THE KENTUCKY GENERAL ASSEMBLY 1 Peggy Hyland, from page 1 issues identifi cation within legislatures,” Stumbo said. “She saw clearly that too often, a legislature is simply a reactive body, careening from problem to problem and crisis to crisis. Her ideas were visionary. She advocated them tire- lessly, with Vic Hellard’s enthusiastic support. And she taught them to others on the LRC committee staff and got them involved. She was a champion of legisla- tive independence, and saw that a strong Legislature is built on a solid base of knowledge.” She retired from the agency in 2002. Hyland herself expressed “surprise and deep gratitude” upon learning of the award. “To be recognized by the LRC, which I devoted most of my professional life to serving, is an honor beyond expression,” she said. “That the award bears the name of my great friend and mentor Vic Hellard only deepens my sense of being humbled and truly honored. “But most especially, I realize I share it with the hundreds of legislative staffers who have worked long hours in virtual anonymity, far from any lime- light, to serve the people of Kentucky and the branch of government closest to them, what Vic always called The People’s Branch. Their names should be on this award along with mine.” The Hellard Award is named for Vic Hellard Jr., longtime LRC director who retired in 1995, a year before his death. Sometimes called ‘The Shepherd of Legislative Independence,’ Hellard was a strong believer in democracy and its institutions, and that an independent legislative branch was a cornerstone of democracy’s success. After becoming LRC director in 1976, he built it into a highly professional organization capable of supporting and sustaining the Legislature’s drive to achieve co-equal status with the governor. He was a true believer in that cause, and mentored many of the idealistic young staff—including Hyland— who sought him out to work for him and the emerging Legislature over the years. The award bearing his name requires the recipient to embody certain spe- cifi c qualities that Hellard himself brought to public service: Vision, seeking innovation while cherishing history, championing the equality and dignity of all citizens, enhancing the civic processes of a democratic society, and approaching that work with commitment, caring, generosity and humor. Current LRC Director Robert Sherman, a close colleague of Hyland’s for Peggy Hyland with late Legislative Research Commission Executive Director Vic Hellard Jr. during 23 years, said throughout her career, she embodied the traits that Hellard most Hellard’s 19-year tenure at the helm of the agency. Hyland is the 2010 recipient of the Vic Hellard Jr. admired in public servants. Award named for Hellard. “Vic taught Peggy from early in her career here, and came to rely on her for her steadiness and solid counsel,” Sherman said. “He always had absolute faith in Peggy as an exemplary legislative staffer. I’m sure he’d be pleased that a member of his legislative family was chosen the fi rst year the award is being given by the LRC itself. And I know he’d be especially pleased it was Peggy.” Lawmakers updated on health reform as session nears by Chuck Truesdell to insurance products, she said, with makers could face next year involves framework allow the Department of LRC Public Information anti-rescission language and the elim- health insurance exchanges, which Insurance wide latitude to develop the ination of annual and lifetime limits Clark likened to a shopping mall. The basics of a state exchange while col- LOUISVILLE — The state’s De- among them. Although the state has centralized marketplace would allow laborating with other states. Because partment of Insurance is working at many similar regulations in place, individuals and small groups to more a large portion of Kentucky citizens breakneck pace to prepare for federally the exact text may not match federal easily compare plans and prices. To live near the state line, he said, being required changes in health care regula- law, so the department will present the have such an exchange up and running able to access health care in surround- tions and will present an omnibus bill General Assembly with a proposal in by 2014 would probably require some ing states will be essential to effective to codify the consumer protection por- 2011 to create matching language. sort of basic framework in place this coverage. tions, the department’s commissioner Without revising state law, Clark year, she said. Clark said the state has received a told a panel of lawmakers on Nov. 12. said, offi cials in Kentucky may not The concern about the exchange, $1 million federal grant to plan an ex- Commissioner Sharon Clark up- be able to help consumers on their she noted, is whether Kentucky will change, with the bulk of the money go- dated the Interim Joint Committee on own when they encounter problems. offer its own exchange or work with ing to research. “I can tell you we have Banking and Insurance on the state’s “I don’t want to have to send them to other states to create a multi-state ex- 600,000 uninsured in Kentucky, but I progress since August 24, when she Washington,” she said. Although there change. Because of Kentucky’s size can’t tell you who they are. I can’t tell last presented the group with informa- is sentiment at the federal level to re- and demographics, she said, Kentucky you where they are,” she said. The rea- tion about Kentucky’s efforts to imple- peal some aspects of the legislation, might be overwhelmed by larger states son for the lack of coverage will play ment federal requirements. she said the portions dealing with con- in such an arrangement. a large role in how the exchange is de- Many of the items taking ef- sumer protections will likely survive. Rep. Bob Damron, D-Nicholas- signed, she added, with town forums fect early impact consumers’ access The other possible legislation law- ville, suggested that any legislative held to gather information.

2 2010 Interim LEGISLATIVE RECORD Local government panel 2011 Session Calendar reviews stimulus funds by Rebecca Mullins Hanchett totaling more than $882 million are LRC Public Information also benefi ting local communities, explained Haskamp. Over 200 in- The $3.47 billion that Kentucky dividual transportation projects and has received in federal stimulus dozens of drinking water projects, funds has led to more than 10,800 among other needs, have been made Kentucky jobs and billions of dol- possible by the funds, which has also lars for state Medicaid, education, brought an additional $118 million water, transportation and other proj- for corrections and public safety and ects in Kentucky communities, state over $200 million for energy proj- Finance offi cials said Nov. 17. ects to Kentucky. Greg Haskamp with the Finance Drawing considerable attention and Administration Cabinet told the from some lawmakers was Has- Interim Joint Committee on Local kamp’s report that stimulus funds Gov- have created or retained 10,885 Ken- ern tucky jobs—each equivalent to a 40- Kentucky’s federal ment hour full-time position, he said. that Rep. Stan Lee, R-Lexington, stimulus funds are the $3.4 asked Haskamp if he credits the stim- ulus bill for the job gains quoted in expected to peak in billion is “sig- Haskamp’s report. Haskamp replied 2011, although key nifi cantly that the jobs were hours worked be- more” cause of the stimulus funding and areas will receive than the “would not have been worked with- out them.” funding for state ex- pected to “It is a combination of either years to come. receive gaining or retaining those hours,” he under told Lee. the 2009 Bill Riggs with the Finance American Recovery and Reinvest- Cabinet reaffi rmed that stimulus ment Act. The amount also makes package created payroll for the state. Kentucky the 25th largest stimulus “These were a mixture of new jobs award recipient among all 50 states, that didn’t exist before, and jobs that he said. are supported because the stimulus “We’ve had more need for ser- dollars were there,” he told the com- vices and benefi ts because of the mittee. severity of the recession,” Haskamp Committee House Co-Chair told committee members. Rep. Steve Riggs, D-Jeffersontown, Haskamp said federal stimu- said the information provided by the lus funding will peak next year, but Finance Cabinet will be helpful if that key areas—including certain or when more questions arise con- research initiatives—will continue cerning the stimulus package and its to be infused with stimulus dollars cost. over the next fi ve years. “I think it will come in very Locally, Kentuckians are ben- handy as we go out and meet with efi ting or will benefi t from more our citizens and (answer) some of than $1.3 billion in stimulus funds the questions they may have for us set aside for health and human ser- dealing with stimulus spending and vices including over $940 million how it affects local government,” for Medicaid, $49 million for family said Rep. Riggs. assistance, $34 million in child care Stating the stimulus money is assistance, $33 million for Head taxpayer money, the committee’s Start and other programs, said Has- Senate Co-Chair Sen. Damon Thay- kamp. Education is the second larg- er, R-Georgetown, said he suspects est recipient of stimulus funds in the that the debate on whether the pack- state, he explained, receiving at least age was a good idea will continue. $924 million for fi scal relief, school “When we talk about stimulus improvement, technology and other dollars, we need to remember that programs statewide. these dollars come from one place Infrastructure stimulus funds and that’s the taxpayer...,” he said.

THE KENTUCKY GENERAL ASSEMBLY 3 House of Representatives

2010 Royce W. Adams Myron Dossett Adam Koenig Charles Siler 580 Bannister Rd. Dry Ridge 41035 491 E. Nashville St. Pembroke 42266 3346 Canterbury Ct. Erlanger 41018 3570 Tackett Creek Rd. Work 859-824-3387 Home 270-475-9503 Home 859-578-9258 Williamsburg 40769 KENTUCKY Home 859-428-1039 Ted Edmonds Jimmie Lee Work 606-549-0900 Rocky Adkins 1257 Beattyville Road Jackson 41339 901 Dogwood Drive Elizabethtown 42701 Arnold Simpson PO Box 688 Sandy Hook 41171 Home 606-666-4823 Work 270-765-6222 112 W. 11th Street Covington 41011 Work 606-928-0407 Home 270-737-8889 Work 859-261-6577 Home 606-738-4242 C.B. Embry, Jr. Home 859-581-6521 FAX 606-929-5213 PO 1215 Morgantown 42261 Stan Lee Dottie Sims PO Box 2090 Lexington 40588 Work 270-526-6237 459 Violet Ave. Horse Cave 42749 Home 859-252-2202 General John A. Arnold, Jr. Home 270-791-1879 Home 270-786-3948 FAX 859-259-2927 PO Box 124 Sturgis 42459 Bill Farmer Work 270-333-4641 3361 Squire Oak Dr. Lexington 40515 Mary Lou Marzian Kevin Sinnette 2007 Tyler Ln. Louisville 40205 Eddie Ballard Work 859-272-1425 PO Box 1358 Ashland 41105 Assembly Home 502-451-5032 PO Box 1735 Madisonville 42431 Home 859-272-8675 Home 606-324-5711 Work 270-821-4767 FAX 859-272-1579 Tom McKee Home FAX 606-329-1430 Home 270-821-6255 1053 Cook Road Cynthiana 41031 Tim Firkins Ancel Smith Linda Belcher 212 E. Esplanade Louisville 40214 Home 859-234-5879 FAX 859-234-3332 1812 Wiley Fork Road Leburn 41831 Senate 4804 Hickory Hollow Lane Home/FAX 502-367-2981 Work 502-564-8100, ext. 668 Walter Blevins, Jr. Joey Pendleton Shepherdsville 40165 Reginald Meeks Home 606-785-3844 Home 502-957-2793 Joseph M. Fischer PO Box 757 Louisville 40201 115 Hill N Dale Morehead 40351 905 Hurst Dr. Hopkinsville 42240 Johnny Bell 126 Dixie Place Fort Thomas 41075 Work 606-743-1212 Home 270-885-1639 Work 502-772-1095 John Will Stacy 108 North Green St. Glasgow 42141 Work 513-794-6442 Home 606-743-1200 FAX 270-885-0640 PO Box 135 West Liberty 41472 Work 270-651-7005 Home 859-781-6965 Charles Miller FAX 606-743-1214 Home/FAX 606-743-1516 Home 270-590-0110 3608 Gateview Circle Louisville 40272 Home 502-937-7788 David E. Boswell Mike Reynolds Kelly Flood Fitz Steele PO Box 4000 Bowling Green 42102 Kevin D. Bratcher 5591 Panther Creek Park Drive 10215 Landwood Drive 121 Arcadia Park Lexington 40503 176 Woodland Ave. Hazard 41701 Work 502-564-8100 Owensboro 42301 Louisville 40291 Home 859-221-3107 Terry Mills Home/FAX 606-439-0556 Home 270-771-4921 Home 502-231-3311 695 McElroy Pike Lebanon 40033 Fax 270-926-9047 Jerry P. Rhoads David Floyd Home 270-692-2757 102 Maywood Ave. Bardstown 40004 9 East Center Street Scott W. Brinkman Kent Stevens Home 502-350-0986 Harry Moberly, Jr. PO Box 481 Lawrenceburg 40342 Tom Buford 6001 Two Springs Lane Madisonville 42431 PO Box 721 Richmond 40475 409 W. Maple Nicholasville 40356 Louisville 40207 Home 502-839-5462 Home 270-825-2949 Work 859-622-4997 Home/FAX 859-885-0606 Home 502-893-8769 Danny Ford PO Box 1245 Mt. Vernon 40456 Home 859-624-2781 Dorsey Ridley FAX 502-894-0210 Jim Stewart III Work 606-678-0051 545 KY 223 Flat Lick 40935 Julian M. Carroll 4030 Hidden Creek Brad Montell Room 229 Capitol Annex Tom Burch Home 606-256-4446 Home 606-542-5210 Henderson 42420 Jim Glenn 543 Main Street Shelbyville 40066 Frankfort 40601 Home 270-826-5402 4012 Lambert Ave. Work 502-633-7017 PO Box 21562 Owensboro 42304 Work 502-564-8100 Work 270-869-0505 Louisville 40218 Home 502-633-7533 Home 270-686-8760 Wilson Stone Home 502-454-4002 Tim Moore 1481 Jefferson School Road Perry B. Clark Jim Gooch, Jr. Scottsville 42164 John Schickel Dwight D. Butler 417 Bates Rd. Elizabethtown 42701 5716 New Cut Road Louisville 40214 714 North Broadway B2 Home 270-622-5054 PO Box 991 Union 41091 PO Box 9 Harned 40144 Home 270-769-5878 Home 502-366-1247 Providence 42450 Home 859-384-7506 Work 270-756-5931 Work 270-635-7855 Lonnie Napier Greg Stumbo Work 502-564-8100 Home 270-756-0100 Julie C. Denton Home 270-667-7327 302 Danville St., Lancaster 40444 Box 1473 108 Kassidy Drive 1708 Golden Leaf Way Dan “Malano” Seum FAX 270-667-5111 Work 859-792-2535 Prestonsburg 41653 Louisville 40245 John “Bam” Carney Home 859-792-4860 Home 606-886-9953 Home 502-489-9058 1107 Holly Ave. Fairdale 40118 341 Pembroke Way Campbellsville Derrick Graham Work 502-564-2450 42718 Room 329F Capitol Annex Frankfort 40601 Rick G. Nelson Tommy Thompson Carroll Gibson Home 502-749-2859 Home 270-465-5400 Home 502-223-1769 Rt. 3, Box 686 Middlesboro 40965 PO Box 458 Owensboro 42302 PO Box 506 Leitchfi eld 42755 Mike Cherry Jeff Greer Home/FAX 606-248-8828 Home 270-926-1740 Work 502-564-8100 Tim Shaughnessy 803 S. Jefferson Princeton 42445 PO Box 1007 Brandenburg 40108 FAX 270-685-3242 Home 270-230-5866 9712 Southern Breeze Lane Home 270-422-5100 Fred Nesler Home 270-365-7801 PO Box 308 Mayfi eld 42066 John Tilley Louisville 40229 Home FAX 270-422-5100 PO Box 1065 Hopkinsville 42241 David P. Givens Work 502-584-1920 Work 270-623-6184 PO Box 12 Greensburg 42743 Larry Clark Keith Hall Home 270-247-8557 Home 270-881-4717 5913 Whispering Hills Blvd. Work 502-564-8100 Brandon Smith PO Box 466 Phelps 41553 FAX 270-623-6431 Work 270-886-6800 Louisville 40219 Work 606-456-3432 Ext. 25 FAX 270-885-7127 350 Kentucky Blvd. Home 502-968-3546 Denise Harper Angel Hazard 41701 Home 606-456-8666 David Osborne PO Box 8 Prospect 40059 Tommy Turner 2521 Ransdell Ave. Louisville 40204 Home 606-436-4526 Hubert Collins Mike Harmon Work 502-645-2186 175 Clifty Grove Church Road Home 502-452-9130 Home FAX 606-436-2398 72 Collins Dr. Wittensville 41274 633 N. 3rd St. Danville 40422 Home 502-228-3201 Somerset 42501 Ernie Harris Kathy W. Stein Home 606-297-3152 Home 859-238-7792 Sannie Overly Home 606-274-5175 PO Box 1073 Crestwood 40014 364 Transylvania Park Lexington 40508 Leslie Combs 340 Main Street Paris 40361 Home 502-241-8307 Work 859-225-4269 Richard Henderson Home 859-987-9879 Ken Upchurch 245 E. Cedar Drive Pikeville 41501 60 Myers Cemetery Rd. Jeffersonville 40337 PO Box 969 Monticello 42633 Home 859-252-1500 Home 606-477-6672 Jimmy Higdon Home 859-585-0886 Darryl T. Owens Work 606-340-8490 1018 S. 4th St., Ste. 100 Louisville 40203 507 West Main Street Lebanon 40033 Katie Kratz Stine James R. Comer, Jr. Melvin B. Henley Work 270-692-3881 21 Fairway Drive Southgate 41071 Home 502-584-6341 David Watkins PO Box 338 Tompkinsville 42167 1305 S. 16th Street Murray 42071 5600 Timberlane Dr. Henderson 42420 Work FAX 270-692-1111 Home 859-781-5311 Home 270-487-5585 Home 270-753-3855 Ruth Ann Palumbo Home 270-826-0952 Tom Jensen Robert Stivers II Tim Couch Charlie Hoffman 10 Deepwood Dr. Lexington 40505 FAX 270-826-3338 303 S. Main Street London 40741 207 Main Street Manchester 40962 PO Box 710 Hyden 41749 406 Bourbon St. Georgetown 40324 Home 859-299-2597 Jim Wayne Home 606-878-8845 Work 606-598-2322 Home/FAX 606-672-8998 Work 502-863-4807 1280 Royal Ave. Louisville 40204 Home 606-598-8575 Home 502-863-9796 Don Pasley Work 502-451-8262 Ray S. Jones II FAX 606-598-2357 Will Coursey 5805 Ecton Road Winchester 40391 PO Drawer 3850 Pikeville 41502 PO Box 467 Benton 42025-0467 Jeff Hoover Home 859-842-3337 Work 606-432-5777 Gary Tapp Home 270-527-4610 PO Box 985 Jamestown 42629 Alecia Webb-Edgington FAX 606-432-5154 308 Fishermen Circle Shelbyville 40065 Work 270-527-4610 Work 270-343-5588 Tanya Pullin 1650 Chestnut Ct. Fort Wright 41011 Home 502-633-2304 Home 270-343-2264 1026 Johnson Lane South Shore 41175 Home 859-426-7322 Alice Forgy Kerr Jesse Crenshaw Work 606-932-2505 Ron Weston 121 Constitution Lexington 40507 Dennis Horlander 3274 Gondola Dr. Lexington 40513 Damon Thayer Marie Rader 423 Chieftain Drive Fairdale 40118 Work 859-259-1402 1806 Farnsley Rd. Shively 40216 Home 859-223-3274 102 Grayson Way Georgetown 40324 PO Box 323 McKee 40447 502-564-8100 Home 859-252-6967 Work 502-447-2498 Home 859-621-6956 Work 606-287-3300 FAX 859-259-1441 Home 502-447-4715 Robert J. “Bob” Leeper FAX 502-868-6086 Home 606-287-7303 Susan Westrom 229 South Friendship Paducah 42003 Brent Housman FAX 606-287-3300 PO Box 22778 Lexington 40522-2778 Ron Crimm Work 859-266-7581 Work 270-554-9637 Elizabeth Tori PO Box 43244 Louisville 40253 2307 Jefferson Street Paducah 42001 2851 S. Wilson Rd. Radcliff 40160 Rick Rand Home 270-554-2771 Work 502-400-3838 Home 270-366-6611 Home 270-351-1829 PO Box 273 Bedford 40006 Addia Wuchner FAX 270-554-5337 Home 502-245-8905 Home/FAX 270-442-6394 FAX 270-351-1829 Work 502-255-3286 PO Box 911 Burlington 41005 Vernie McGaha Robert R. Damron Joni L. Jenkins Home 502-255-3392 Work 859-525-6698 FAX 502-255-9911 4787 W. Hwy. 76 Johnny Ray Turner 231 Fairway West Nicholasville 40356 2010 O’Brien Ct. Shively 40216 Russell Springs 42642 85 Kentucky Route 1101 Drift 41619 Home 859-887-1744 Home 502-447-4324 Brent Yonts Home 270-866-3068 Home 606-377-6962 Jody Richards 232 Norman Circle Greenville 42345 Jim DeCesare Dennis Keene 817 Culpeper St. Bowling Green 42103 Work 270-338-0816 Robin L. Webb PO Box 122 Rockfi eld 42274 1040 Johns Hill Road Wilder 41076 Work 270-781-9946 Home 270-338-6790 Gerald A. Neal 404 W. Main Street Grayson 41143 Home 270-792-5779 Home 859-441-5894 Home 270-842-6731 FAX 270-338-1639 Suite 2150 Meidinger Twr Home 606-474-5380 Home FAX 888-275-1182 FAX 270-781-9963 Jill York 462 S. 4th Street Work 270-792-5779 Thomas Kerr PO Box 591 Grayson 41143 5415 Old Taylor Mill Rd. Taylor Mill 41015 Steve Riggs Work 606-474-7263 Louisville 40202 Jack Westwood 8108 Thornwood Road Louisville 40220 Mike Denham Work 859-431-2222 Work FAX 606-474-7638 Work 502-584-8500 209 Graves Ave. Erlanger 41018 LRC 502-564-8100 Home 502-776-1222 Home 859-344-6154 306 Old Hill City Road Maysville 41056 Home 859-356-1344 Home 606-759-5167 FAX 502-564-6543 FAX 502-584-1119 FAX 859-431-3463 Tom Riner David L. Williams R.J. Palmer II Bob M. DeWeese 1143 E. Broadway Louisville 40204 PO Box 666 6206 Glen Hill Rd. Louisville 40222 Martha Jane King Home 502-584-3639 1391 McClure Road Winchester 40391 Burkesville 42717 Home 502-426-5565 633 Little Cliff Estate Lewisburg 42256 Carl Rollins II Home 859-737-2945 Work 270-864-5636 Home 270-657-2707 PO Box 424 Midway 40347 Home 270-433-7777 FAX 270-657-2755 Home 859-846-4407 Ken Winters Work 502-696-7474 1500 Glendale Road Murray 42075 Steven Rudy Home 270-759-5751 3430 Blueridge Dr. W. Paducah 42086 Ed Worley Home 270-744-8137 PO Box 659 Richmond 40476 Home 859-625-5536 Sal Santoro FAX 859-623-6557 596 Walterlot Ct. Florence 41042 Home 859-371-8840 FAX 859-371-4060

4 2010 Interim LEGISLATIVE RECORD Committee Meetings

an amendment to Section 145 of Health and Welfare during its meet- LEGISLATIVE RESEARCH the Constitution of Kentucky relat- ing of July 21, 2010. COMMISSION ing to persons entitled to vote), BR Committee review of Executive Minutes of the 532nd Meeting 62 (relating to public financing for October 6, 2010 Reorganization Order 2010-428 by judicial campaigns), BR 69 (relating Call to Order and Roll Call the Interim Joint Committee on State to campaign finance), BR 71 (pro- The 532nd meeting of the Legis- Government during its meeting of posing to amend the Constitution of lative Research Commission was held July 21, 2010. Kentucky relating to hunting, fish- Index on Wednesday, October 6, 2010, at Committee review of Executive ing, and harvesting wildlife), BR 75 1:30 PM, in Room 125 of the Capitol Reorganization Order 2010-436 by A (relating to public records), BR 130 Annex. Representative Greg Stumbo, the Interim Joint Committee on State Administrative Regulation Review (relating to publications of state Chair, called the meeting to order, Government during its meeting of Subcommittee, 40 agencies), BR 132 (relating to state Agriculture, 7 and the secretary called the roll. July 21, 2010. employee health insurance), BR 153 Appropriations and Revenue, Present were: NEW BUSINESS (proposing an amendment to Section 8, 9, 10, 13, 15 Members: Senator David L. Wil- Referral of prefiled bills to the 42 of the Constitution of Kentucky), liams, Co-Chair; Representative Greg following committees: BR 52 (relat- B and BR 154 (relating to the General Stumbo, Co-Chair; Senators Carroll ing to pawnbrokers), BR 54 (relating Banking and Insurance, 16 Assembly) to State Government; BR Gibson, Dan “Malano” Seum, Katie to the exclusion of abortion cover- 98 (relating to emergency vehicles) C Kratz Stine, Robert Stivers II, Johnny age for health insurance exchanges), and BR 143 (relating to coroners) to Capital Planning Advisory Board, 37 Ray Turner, and Ed Worley; Repre- and BR 68 (relating the continuity of Capital Projects and Bond Oversight, Transportation. sentatives Rocky Adkins, Larry Clark, health care) to Banking and Insur- 38 Referral of the administrative Robert R. Damron, Bob M. DeWeese, ance; BR 70 (authorizing and direct- E regulations to the following com- Economic Development and David Floyd, and John Will Stacy. ing a comprehensive study of the mittees for secondary review pur- Tourism, 17, 26 LRC Staff: Bobby Sherman and effectiveness of the economic devel- suant to KRS 13A.290(6): 302 KAR Education, 18, 20, 22 Christy Glass. opment initiatives and incentives of Energy, 24 20:020 (General requirements for in- Representative Stumbo called the Commonwealth) to Economic terstate and intrastate movement of the meeting to order and the sec- Development and Tourism; BR 21 G animals), 302 KAR 20:050 (Carcass- Government Contract Review Com- retary called the roll. There being (relating to digital citizenship), BR es), 302 KAR 20:115 & E (Vesicular mittee, 46, 48 a quorum present, Representative 32 (relating to career and technical stomatitis), and 302 KAR 21:005 & H Stumbo called for a motion to ap- education, making an appropriation Health and Welfare, 24 E (Animal disease to be reported) prove the minutes of July 28, 2010, therefor, and declaring an emergen- to Agriculture; 103 KAR 31:102 meeting; accept items A. through H. cy), BR 111 (relating to school at- L (Rebate for a governmental public Labor and Industry, 17, 26 under Staff and Committee Reports; tendance), BR 123 (relating to uni- facility), 907 KAR 1:014 & E (Out- Legislative Research Commission, 5 refer prefiled bills and administrative versity undergraduate completion), patient hospital services), and 907 Licensing and Occupations, 27 regulations as indicated and approve BR 136 (relating to school funding), Local Government, 28 KAR 5:005 & E (Health insurance and refer items C. through P. under BR 162 (relating to school funding), premium payment (HIPP) program) New Business; and accept and refer and BR 163 (relating to fees in public M to Appropriations and Revenue; 40 Medicaid Cost Containment Task as indicated items 1. through 25. un- universities and colleges) to Educa- KAR 2:350 (Debt adjusters), 806 Force, 33 der Communications. A motion was tion; BR 17 (relating to the care of in- KAR 9:001 (Prelicensing courses of made by Representative Damon and dividuals with mental retardation or N study; instructors), 806 KAR 9:060 seconded by Senator Turner. A roll other developmental disorders), and Natural Resources and Environment, (Identification cards), 806 KAR 9:070 call vote was taken and the motion BR 121 (relating to out-of-state du- 30 (Examinations), 806 KAR 9:121 (Re- passed unanimously. The following rable medical equipment providers) peal of 806 KAR 9:120, 9:130, 9:250 P items were approved, accepted, or to Health and Welfare; BR 33 (relat- and 9:280), 806 KAR 17:180 (Stan- Penal Code and Controlled Substances referred: ing to driving under the influence), Act Task Force, 35 dard health benefit plan), 806 KAR The minutes of the July 28, 2010, BR 92 (relating to firearms, includ- Prefiled bills, 57 17:540 (ICARE Program high-cost meeting were approved. ing ammunition and accessories for Program Review and Investigations, conditions), 806 KAR 17:545 (ICARE 51, 52 STAFF AND COMMITTEE RE- firearms), BR 97 (relating to crimes Program employer eligibility, appli- S PORTS and punishments), BR 131 (relating cation process, and requirements), State Government, 31, 33 Information requests for July to domestic violence), and BR 161 806 KAR 17:555 (ICARE Program through September 2010. (relating to firearms, including am- T requirements), and 806 KAR 46:050 Committee Activity Report for munition and accessories for fire- Tobacco Settlement Agreement Fund (Liability self-insurance group rate, Oversight Committee, 56 July through September 2010. arms) to Judiciary; BR 19 (relating to underwriting and evidence of cov- Reports of the Administrative wastewater) and BR 46 (relating to erage fillings) to Banking and Insur- V Regulation Review Subcommittee underground petroleum storage tank Veterans, Military Affairs and Public ance; 300 KAR 2:040 (Kentucky Film meetings of July 13, August 10, and contractors) to Natural Resources Protection, 37 Industry Incentives Application and September 14, 2010. and Environment; BR 43 (relating Fees) and 307 KAR 1:060 (Kentucky From Bobby Sherman: Memoran- to public records), BR 55 (claiming small business investment credit dum regarding mistaken referral of BR sovereignty over powers not granted program) to Economic Develop- 49. to the federal government by the ment and Tourism; 702 KAR 7:130 Committee review of administra- United States Constitution; serving & E (Approval of innovative alterna- tive regulations by the Interim Joint notice to the federal government to tive school calendars) and 725 KAR Committee on Health and Welfare cease mandates beyond its author- 1:061 (Records retention schedules; during its meetings of July 21, Au- ity; and stating Kentucky’s position authorized schedules) to Education; gust 18, and September 15, 2010. that federal legislation that requires 201 KAR 2:330 (Emergency phar- Committee review of Execu- states to comply under threat of loss macy powers), 201 KAR 20:057 tive Reorganization Order 2010-431 of federal funding should be prohib- (Scope and standards of practice of by the Interim Joint Committee on ited or repealed), BR 61 (proposing advanced practice registered nurses),

THE KENTUCKY GENERAL ASSEMBLY 5 201 KAR 20:070 (Licensure by exam- Chairs, Interim Joint Committee on Representative John Tilley, Co-Chairs Pneumoconiosis Fund, Quarter End- ination), 201 KAR 20:110 (Licensure Veterans, Military Affairs, and Public of the Interim Joint Committee on ing June 30, 2010. by endorsement), 201 KAR 20:162 Protection: Memorandum request- Judiciary: Memorandum requesting From Kentucky Employers’ Mu- (Procedures for disciplinary hearings ing approval to meet on December approval to meet on December 15 tual Insurance: Second Quarter 2010 pursuant to KRS 314.091), 201 KAR 9 (beyond the statutory interim pe- (beyond the statutory interim period) Financial Statements; Statement of 20:225 (Reinstatement of licensure), riod). (LRC Co-Chairs have jointly and approval to meet on January 19, Assets, Liabilities, and Policyholder 201 KAR 20:230 (Renewal of licens- approved, LRC ratification pending.) 2011, to allow the committee to re- Surplus; Statement of Income; State- es), 201 KAR 20:240 (Fees for appli- From Senate President David L. view and approve any proposed leg- ment of Solvency as of June 30, cations and for services), 201 KAR Williams and House Speaker Gregory islation produced by the Task Force 2010. 20:370 (Applications for licensure), D. Stumbo: Memorandum regard- on the Penal Code and Controlled From the Tourism, Arts and Heri- 201 KAR 20:411 (Sexual assault ing LRC website for public access to Substances Act. There are no appar- tage Cabinet: 1% Transient Room nurse examiner program standards agency records. (LRC Co-Chairs have ent conflicts. (Lodging) Tax Progress Report for FY and credential requirements), and jointly approved, LRC ratification From Senator Tom Jensen and 2010. 201 KAR 20:470 (Dialysis technician pending.) Representative John Tilley, Co-Chairs From the Finance and Adminis- credentialing requirements and train- From Senator Julie Denton and of the Task Force on the Penal Code tration Cabinet: Monthly Investment ing program standards) to Health and Representative Tom Burch, Co- and Controlled Substances Act: Income Report for the months of July Welfare; 500 KAR 2:020 (Filing and Chairs, Interim Joint Committee on Memorandum requesting approval of and August 2010. processing SLEO commissions), 500 Health and Welfare: Memorandum the following: extension of the dead- From Adjutant General Edward KAR 3:020 (Filing and processing requesting authorization of and ap- line for the Task Force’s final bill draft W. Tonini: Military Family Assistance SLPO commissions), and 502 KAR pointments to the Subcommittee on and accompanying report to January Trust Fund, FY 2010 Annual Report. 32:010 (Centralized database for Families and Children and the Sub- 26, 2011; a two-day meeting on Oc- From Kentucky Employers’ Mu- DNA identification records) to Judi- committee on Health Issues and Ag- tober 19 and 20; authorization for tual Insurance: Letter advising of ciary; 201 KAR 34:020 (Fees), 201 ing. (LRC Co-Chairs have jointly ap- travel and expenses for any member availability of 2009 Annual Report. KAR 39:050 & E (Renewal of licenses proved, LRC ratification pending.) of the Task Force (and per diem for From the Cabinet for Health and and extension of temporary licens- From Senator Tom Buford and legislative members) attending the Family Services: SWIFT Adoption Re- es), 811 KAR 2:020 & E (Licensing Representative Jeff Greer, Co-Chairs, Media Seminar on October 22 in Lex- port for the second quarter of 2010. quarter horse, appaloosa or Arabian Interim Joint Committee on Bank- ington; a two-day meeting on No- From the Cabinet for Health and racing), and 811 KAR 2:140 & E (Li- ing and Insurance: Memorandum vember 16 and 17; a two-day meet- Family Services, Department for Pub- censing of racing associations) to Li- requesting approval to meet on No- ing on December 14 and 15; and a lic Health, Kentucky HIV/AIDS Plan- censing and Occupations; 301 KAR vember 12, rather than the regularly two-day meeting on January 18 and ning and Advisory Council: Septem- 1:010 (Commercial boat docks, con- scheduled meeting date of November 19, 2011. ber 2010 Year End Report. cession stands, and boat rental facili- 11, which is Veterans’ Day. (Conflicts COMMUNICATIONS From the Cabinet for Economic ties), 301 KAR 1:410 (Taking of fish appear to be avoided due to a From the Office of the Attorney Development, Commission on Small by nontraditional fishing methods), change of meeting plans by the General: Constitutional Challenge Business Advocacy: FY 2010 Annual and 401 KAR 59:015 (New indirect Interim Joint Committee on Licensing Reports for the months of June and Report. heat exchangers) to Natural Re- and Occupations.) (LRC Co-Chairs July 2010. From the Cabinet for Economic sources and Environment; 105 KAR have jointly approved, LRC ratifica- From the Finance and Adminis- Development: Annual Report for the 1:190 & E (Qualified domestic rela- tion pending.) tration Cabinet: Report on the num- Kentucky Investment Capital Net- tions orders) to State Government; From Senator Jack Westwood ber of individuals working on a full- work for FY 2010. 601 KAR 9:015 (Registration of mo- and Representative Kent Stevens, Co- time equivalent and recurring bases, From the Cabinet for Economic tor vehicles and manufacturing) and Chairs, Education Assessment and listed by contract and cabinet, FY Development: Linked Deposit Loan 601 KAR 14:030 (Bicycle and bike- Accountability Review: Memoran- 2010, pursuant to 2010 HB 387. Investment Program FY 2010 Annual way program) to Transportation. dum recommending reappointments From the Cabinet for Health and Report. From Senator Brandon Smith and to the National Technical Advisory Family Services, Department for Ag- From the Cabinet for Economic Representative Keith Hall, Co-Chairs, Panel on Assessment and Account- ing and Independent Living: FY 2010 Development: Agricultural Ware- Special Subcommittee on Energy: ability. (LRC Co-Chairs have jointly Assisted Living Revenues and Expen- housing Sites Cleanup Fund Annual Memorandum requesting approval approved, LRC ratification pending.) ditures Report. Report for FY 2010. to meet in Lexington on October 22, From Senate President David L. From the Finance and Admin- From the Cabinet for Economic rather than the regularly scheduled Williams and House Speaker Gregory istration Cabinet: Permanently As- Development: Kentucky Invest- meeting date of October 15. There D. Stumbo: Memorandum approving signed Vehicle Requests by Agency ment Fund Act Annual Report for FY are no apparent conflicts. (LRC Co- the 2011 Regular Session Calendar. pursuant to HB 406. 2009. Chairs have jointly approved, LRC (LRC Co-Chairs have jointly ap- From the Finance and Adminis- From the Energy and Environ- ratification pending.) proved, LRC ratification pending.) tration Cabinet, Office of the Con- ment Cabinet: Center for Renewable From Senate President David L. From Bobby Sherman: Memoran- troller: Surtax Receipts Statements Energy Research and Environmental Williams and House Speaker Gregory dum requesting approval of prefiling for the Law Enforcement and Profes- Stewardship Annual Report for FY D. Stumbo: Memorandum appoint- deadlines for the 2011 Regular Ses- sional Firefighters Foundation Fund 2010. ing members to the Local Superin- sion. Programs for the month of June 2010 From the Personnel Cabinet: tendents Advisory Council. (LRC From Senator David Givens and and year-to-date activity for FY 2010; Statewide Turnover Report for the Co-Chairs have jointly approved, Representative Tom McKee, Co- and for the months of July and Au- Second Quarter 2010. LRC ratification pending.) Chairs of the Interim Joint Commit- gust 2010 and year-to-date activity From the Cabinet for Health and From Senator Elizabeth Tori and tee on Agriculture: Memorandum for FY 2011. Family Services: 2010 Charitable Representative Tanya Pullin, Co- requesting approval to meet on De- From the Finance and Adminis- Health Providers Report. Chairs, Interim Joint Committee on cember 8 (beyond the statutory in- tration Cabinet, Office of the Con- From the Tourism, Arts and Heri- Veterans, Military Affairs, and Public terim period). There are no apparent troller: FY 2010 Final Report of the tage Cabinet: Kentucky Production Protection: Memorandum requesting conflicts. Surtax Receipts Statements for the Industry Incentives, Annual Report approval to meet on Monday, No- From Senator David Givens and Law Enforcement and Professional for FY 2010. vember 22, rather than the regularly Representative Tom McKee, Co- Firefighters Foundation Fund Pro- From the Tourism, Arts and Heri- scheduled meeting date of Novem- Chairs of the Interim Joint Commit- grams. tage Cabinet: FY 2010 Annual Report ber 11, which falls on Veterans’ Day. tee on Agriculture: Memorandum From Kentucky Employers’ Mu- of Incentives Provided Under the There are 11 potential conflicts. (LRC requesting authorization of and ap- tual Insurance: Quarterly Statement Kentucky Tourism Development Act. Co-Chairs have jointly approved, pointments to the Subcommittee on for the period ending June 30, 2010. ADJOURNMENT LRC ratification pending.) Horse Farming and Subcommittee on From the Labor Cabinet, Division There being no further business, From Senator Elizabeth Tori and Rural Issues. of Workers’ Compensation Funds: the meeting was thereby adjourned Representative Tanya Pullin, Co- From Senator Tom Jensen and Report for Kentucky Coal Workers’ at 2:00 p.m.

6 2010 Interim LEGISLATIVE RECORD culture. Ms. Tanner and Ms. Keeton assist teachers by providing