2011 Interim LEGISLATIVE Volume 24, No. 2 May 2011 * Read on-line at www.lrc.ky.gov/legislation.htm* RECORD

County level agcigarette programs manufacturers. County extensiongive agents farming a boost by Rebecca Mullins Hanchett like Grigson are responsible under that law for LRC Public Information administering the distribution of that money at the county level. Ten years and nearly $348 million later, Some estimate that every tobacco settlement Kentucky agriculture in communities that receive dollar spent returns $1.85 to $2 to the state economy, tobacco settlement dollars, and agriculture statewide, said Grigson. Then there’s the improvement in cattle is looking up. sales to feed lots in the Midwest which used to refuse “Our communities are more stable because Kentucky cattle. of the extra dollars coming to the communities,” “Today, the folks in the feed lots in the Midwest, University of Kentucky Extension Agent for Lincoln they want our cattle,” Grigson said. Today, Kentucky County Dan Grigson told the Tobacco Settlement is the largest beef cattle state east of the Mississippi Agreement Fund Oversight Committee on May 11. River, he added. “We feel like the Agricultural Development Fund “I feel like the county programs have had a great has had tremendous benefi ts to Kentucky agriculture impact,” he said. and Kentucky’s general economy.” The committee also heard from county extension The 2000 General Assembly created a state Sen. Paul Hornback, R-Shelbyville, and Rep. Wilson Stone, D- agents like Jeff Smith of Fleming County, Doug board and county-level framework to distribute Scottsville, are co-chairs of the legislative Tobacco Settlement Shepherd of Hardin County and Ted Johnson of Lee millions of dollars from a multi-billion-dollar Agreement Fund Oversight Committee. national tobacco settlement between states and Continued on page 2 Legislative panel hears report Agency capital on Medicaid management improvement by Chuck Truesdell LRC Public Information toward administrative costs, but less money spent plans under on oversight could be resulting in much more lost An update on three previous reports on through waste, abuse, and fraud. review Medicaid fraud and cost containment found several The state’s shortcoming in the state program’s efforts to employee salary combat Medicaid abuse and achieve cost savings, Only two percent by Rebecca Mullins Hanchett structure could play a LRC Public Information members of the Program Review and Investigations role in administrative of the Medicaid Committee heard during their May 12 meeting. staffi ng, Interim Six state agencies shared their building The three earlier reports – a 2004 report on Medicaid budget has improvement and other capital improvement plans fraud both by providers and consumers, a 2006 Commissioner with the state’s Capital Planning Advisory Board gone toward report on information systems, and 2007 report Neville Wise told the in May to help the board prepare its 2012-2018 on prescription drug costs — made a total of 56 panel. Because of administrative Statewide Capital Improvements Plan. recommendations to the state Department for limits on employee “The major responsibility of this board is to Medicaid Services, the Cabinet for Health and pay relative to costs. develop a statewide capital improvements plan. We Family Services, and the Offi ce of the Attorney private-sector health do this every two years,” said board co-chair Sen. General. The draft report heard today reviewed care salaries, it may Jack Westwood, R-Erlanger. The board is expected the implementation of those recommendations and be diffi cult to recruit to conclude its work on the 2012-2018 plan later revisited their need. administrators with this year when it approves and transmits the plan to Among the issues with Medicaid management high-level provider or Medicaid experience, he the heads of all three branches of state government. are inadequate administrative staffi ng and little in said. What Westwood called the “major the way of cost-benefi t analysis, the report stated. The report also cited the potential need undertaking” of developing a statewide agency Only two percent of the Medicaid budget has gone Continued on page 2 capital plan included the board’s May 13 review Continued on page 2

THE KENTUCKY GENERAL ASSEMBLY 1 Medicaid, Agriculture, from page 1 from page 1

to report suspected fraud, a County, all who have seen growth in their county’s agricultural infrastructure recommendation from earlier studies. over the past decade. Many of the report’s Smith said 19 of the 20 counties in the county extension district that recommendations are based on best includes Fleming County have farmers markets because of investment in tobacco practices and Kentucky law without settlement funds, and 10 of the counties have plots of switchgrass, a plant that is regard for budgetary or staffing needs. an important component in production of biofuels. The number of beef cattle is Due to cost issues, executive branch up by over 12,500, and farm acreage is on the rise, Smith said. agencies may need to prioritize Similar stories were shared by Johnson and Shepherd. accordingly, committee staff told “The basic infrastructure on our farms has definitely changed,” said Shepherd. lawmakers. “You see new barns out there, you see cattle handling facilities.” “The whole crux of the report The purpose of the state and county level funds distributed under the 2000 is that there have been numerous law is to help once tobacco- dependent counties diversify their agricultural base. reports” whose recommendations have Now, with new agricultural infrastructure for hay storage, goat production, cattle not been implemented, said Senate handling and other needs, the agents explained that counties are finding it easier President Pro Tempore Katie Kratz to cope with the loss in tobacco income. Stine, R-Southgate. “This is at a time Johnson said around 85 percent of the approximately 7,000 people living when money is very hard to come by,” in the community he serves are involved in agriculture, and that having tobacco she added. settlement dollars for that purpose is helping. Mitchel Denham, director of the Some lawmakers on the committee suggested that the state and counties Attorney General’s Office of Medicaid look at new funding sources, cautioning that tobacco settlement dollars might not Fraud and Abuse Control, told always be there. legislators that his office had recovered “I think we need to be mindful of planning ahead,” said Sen. Joey Pendleton, Sen. Joey Pendleton, D-Hopkinsville, a mem- or been awarded $112 million in the D-Hopkinsville. ber of the state legislative Program Review and last two federal fiscal years, a return on Kentucky’s county extension agents seem willing to adapt. As University Investigations Committee, makes a comment investment of $19.65 for every dollar of Kentucky College of Agriculture Dean Scott Smith told the committee, “the during a recent meeting of the committee in spent on its efforts in that field. Those agriculture development programs at the county level have changed the jobs of the Frankfort. funds are then channeled back to the county agents,” adding that there have been over 100,000 “teachable moments” state or federal Medicaid programs as because of the 2000 law. appropriate, he said. “I know from experience that we could not have done it without that The committee will continue its partnership (with county extension agents),” Committee Co-Chair Sen. Paul hearings on the report at its June 9 Hornback, R-Shelbyville, said. “It took the leadership of Extension to bring meeting. people together to get this done.” Capital Planning, from page 1 of agency plans from three cabinets: Economic Development, Tourism, Arts and Heritage, and Transportation. Testimony was also received from the Kentucky River Authority, the School Facilities Construction Commission (SFCC), and the Department for Local Government. Funding totals for proposed projects were included in the reports for each agency, with the most funding proposed for projects through the SFCC. The total funding request for SFCC for the six-year period is $675 million for bonding and targeted funding of projects every two years, according to the SFCC capital plan. Authorized bonding will allow the SFCC help local school districts with major renovation or new construction, the plan states, while targeted funds help those school districts that are most in need of additional support. Projects proposed in the Tourism, Arts, and Heritage Cabinet’s six-year plan total over $622.5 million, with the most projects proposed for the Department of Parks. The Economic Development Cabinet has the next largest proposed project funding total at $212.3 million for the Kentucky Economic Development Finance Authority, High-Tech Construction/ Investment pools and Economic Development Bond program, followed by proposed project funding for the Transportation Cabinet ($89.8 million), the Kentucky River Authority ($88 million) to renovate locks and dams and repair several dams, and the Department for Local Government ($42 million) for the Flood Control Matching Program, the Renaissance on Main Program, and the Community Enhancement Program. Agencies, board and cabinets not testifying before this board this summer in advance of the 2012-2018 plan’s approval either have no projects or use restricted funds for their projects, board staff reports. The Auditor of Public Accounts, Kentucky Higher Education Student Loan Corporation, Kentucky Retirement Systems, Kentucky Lottery Corporation, Office of the Governor and Secretary of State’s office are among those entities that will not be testifying. Rep. Melvin Henley, D-Murray, co-chair of The board plans to meet next month on Friday, June 17 and once a month from July through September to finish the state legislative Capital Planning Advi- agency plan reviews, said Sen. Westwood. sory Board, fields questions during the board’s “We have our work cut out for us over the next four or five months,” he said. May 13 meeting at the State Capitol Annex.

 2011 Interim LEGISLATIVE RECORD House of Representatives

2011 Julie Adams Myron Dossett Adam Koenig Steven Rudy 213 S. Lyndon Ln. 491 E. Nashville St. Pembroke 42266 3346 Canterbury Ct. Erlanger 41018 3430 Blueridge Dr. W. Paducah 42086 Louisville 40222 Home 270-475-9503 Home 859-578-9258 Home 270-744-8137 Home 502-744-9264 KENTUCKY Ted Edmonds Jimmie Lee Sal Santoro Royce W. Adams 1257 Beattyville Road Jackson 41339 901 Dogwood Drive Elizabethtown 42701 596 Walterlot Ct. Florence 41042 580 Bannister Pike Dry Ridge 41035 Home 606-666-4823 Work 270-765-6222 Home 859-371-8840 Work 859-824-3387 Home 270-737-8889 FAX 859-371-4060 Home 859-428-1039 C.B. Embry, Jr. PO 1215 Morgantown 42261 Stan Lee John Short Rocky Adkins Work 270-526-6237 PO Box 2090 Lexington 40588 PO Box 1150 Hindman 41822 PO Box 688 Sandy Hook 41171 Home 270-791-1879 Home 859-252-2202 Work 606-785-9018 General Work 606-928-0407 FAX 859-259-2927 Home 606-738-4242 Bill Farmer Arnold Simpson FAX 606-929-5213 3361 Squire Oak Dr. Lexington 40515 Mary Lou Marzian 112 W. 11th Street Covington 41011 Work 859-272-1425 2007 Tyler Ln. Louisville 40205 Work 859-261-6577 Assembly John A. Arnold, Jr. Home 859-272-8675 Home 502-451-5032 Home 859-581-6521 PO Box 124 Sturgis 42459 FAX 859-272-1579 Donna Mayfield Home FAX 859-261-6582 Work 270-333-4641 2059 Elkin Station Rd. Joseph M. Fischer Winchester 40391 Linda Belcher Home 859-745-5941 Kevin Sinnette 126 Dixie Place Fort Thomas 41075 PO Box 1358 Ashland 41105 Senate 4804 Hickory Hollow Lane Work 513-794-6442 Tom McKee Home 606-324-5711 Walter Blevins, Jr. Shepherdsville 40165 Home 859-781-6965 Home 502-957-2793 1053 Cook Road Cynthiana 41031 Home FAX 606-329-1430 115 Hill N Dale Morehead 40351 Dennis Parrett Home 859-234-5879 Work 606-743-1200 731 Thomas Rd. Elizabethtown 42701 Johnny Bell 108 North Green St. Glasgow 42141 Kelly Flood FAX 859-234-3332 Rita Smart Home 606-743-1212 Home 270-765-4565 Work 270-651-7005 121 Arcadia Park Lexington 40503 419 W. Main Street Richmond 40475 FAX 606-743-1214 Reginald Meeks Home 859-623-7876 Joey Pendleton Home 270-590-0110 Home 859-221-3107 PO Box 757 Louisville 40201 Joe Bowen 905 Hurst Dr. Hopkinsville 42240 Kevin D. Bratcher David Floyd Work 502-741-7464 John Will Stacy 2031 Fieldcrest Drive Home 270-885-1639 10215 Landwood Drive 102 Maywood Ave. Bardstown 40004 PO Box 135 West Liberty 41472 Owensboro 42301 FAX 270-885-0640 Louisville 40291 Home 502-350-0986 Michael Meredith Home/FAX 606-743-1516 Home 270-685-1859 Home 502-231-3311 PO Box 292 Brownsville 42210 Jerry P. Rhoads Danny Ford Work 270-597-6049 Fitz Steele Dewayne Bunch Tom Buford 9 East Center Street PO Box 1245 Mt. Vernon 40456 176 Woodland Ave. Hazard 41701 409 W. Maple Nicholasville 40356 1051 Old Corbin Pike Road Madisonville 42431 Work 606-678-0051 Home/FAX 606-439-0556 Home/FAX 859-885-0606 Williamsburg 40769 Charles Miller Home 606-256-4446 3608 Gateview Circle Louisville 40272 Home 270-825-2949 Home 606-549-3439 Jim Glenn Home 502-937-7788 Jim Stewart III Jared Carpenter Tom Burch PO Box 21562 Owensboro 42304 545 KY 223 Flat Lick 40935 138 Legacy Drive Dorsey Ridley 4012 Lambert Ave. Home 270-686-8760 Home 606-542-5210 Berea 40403 4030 Hidden Creek Louisville 40218 Henderson 42420 Terry Mills Home 859-623-7199 Home 502-454-4002 Jim Gooch, Jr. 695 McElroy Pike Lebanon 40033 Home 270-826-5402 714 North Broadway B2 Home 270-692-2757 Wilson Stone Julian M. Carroll Work 270-869-0505 Dwight D. Butler Providence 42450 1481 Jefferson School Road Room 229 Capitol Annex PO Box 9 Harned 40144 Work 270-635-7855 Brad Montell Scottsville 42164 Work 270-756-5931 543 Main Street Shelbyville 40065 Frankfort 40601 John Schickel Home 270-667-7327 Home 270-622-5054 Work 502-564-8100 Home 270-756-0100 FAX 270-667-5111 Work 502-633-7017 2147 Natches Trace Union 41091 Home 502-633-7533 LRC 502-564-8100 Derrick Graham Greg Stumbo Perry B. Clark John “Bam” Carney Room 329F Capitol Annex Frankfort 40601 Tim Moore Box 1473 108 Kassidy Drive 5716 New Cut Road Louisville 40214 Dan “Malano” Seum 341 Pembroke Way Campbellsville Home 502-223-1769 417 Bates Rd. Elizabethtown 42701 Prestonsburg 41653 Home 502-366-1247 1107 Holly Ave. Fairdale 40118 42718 Jeff Greer Home 270-769-5878 Home 606-886-9953 Home 502-749-2859 Home 270-465-5400 PO Box 1007 Brandenburg 40108 Lonnie Napier Julie C. Denton Mike Cherry Home 270-422-5100 Tommy Thompson 1708 Golden Leaf Way 302 Danville St., Lancaster 40444 Tim Shaughnessy 803 S. Jefferson Princeton 42445 Home FAX 270-422-5100 PO Box 458 Owensboro 42302 Louisville 40245 9712 Southern Breeze Lane Home 270-365-7801 Work 859-792-2535 Home 270-926-1740 Home 502-489-9058 Sara Beth Gregory Home 859-792-4860 Louisville 40299 1900 N. Main St. Monticello 42633 FAX 270-685-3242 Work 502-584-1920 Larry Clark John Tilley Carroll Gibson Home 606-348-9767 Rick G. Nelson 5913 Whispering Hills Blvd. Home FAX 606-348-3459 117 Gumwood Rd. Middlesboro 40965 PO Box 540 Hopkinsville 42241 PO Box 506 Leitchfield 42755 Louisville 40219 Home 270-881-4717 Home 270-230-5866 Brandon Smith Home/FAX 606-248-8828 350 Kentucky Blvd. Home 502-968-3546 Keith Hall Hazard 41701 PO Box 466 Phelps 41553 Mike Nemes Tommy Turner David Givens 175 Clifty Grove Church Road PO Box 12 Greensburg 42743 Home 606-436-4526 Hubert Collins Work 606-456-3432 Ext. 25 5318 Westhall Ave. Louisville 40214 Somerset 42501 Home 502-564-8100 Home FAX 606-436-2398 72 Collins Dr. Wittensville 41274 Home 606-456-8666 Home 502-807-2423 Home 606-297-3152 Home 606-274-5175 Kathy W. Stein Mike Harmon Fred Nesler Ben Waide Denise Harper Angel 364 Transylvania Park Lexington 40508 Leslie Combs 633 N. 3rd St. Danville 40422 PO Box 308 Mayfield 42066 PO Box 1795 Madisonville 42431 2521 Ransdell Ave. Louisville 40204 Work 859-225-4269 245 E. Cedar Drive Pikeville 41501 Home 859-238-7792 Work 270-623-6184 Work 270-824-9227 Home 502-452-9130 Home 859-252-1500 Home 606-444-6672 Home 270-247-8557 Work FAX 270-824-9206 Richard Henderson FAX 270-623-6431 Ernie Harris James R. Comer, Jr. 60 Myers Cemetery Rd. Jeffersonville 40337 PO Box 1073 Crestwood 40014 Katie Kratz Stine David Watkins 21 Fairway Drive Southgate 41071 PO Box 338 Tompkinsville 42167 Home 859-585-0886 David Osborne 5600 Timberlane Dr. Henderson 42420 Home 502-241-8307 Home 859-781-5311 Home 270-487-5585 PO Box 8 Prospect 40059 Home 270-826-0952 Melvin B. Henley Work 502-645-2186 FAX 270-826-3338 Jimmy Higdon Tim Couch 1305 S. 16th Street Murray 42071 Home 502-228-3201 344 N. Spalding Robert Stivers II PO Box 710 Hyden 41749 207 Main Street Manchester 40962 Home 270-753-3855 Sannie Overly Jim Wayne Lebanon 40033 Home/FAX 606-672-8998 Work 606-598-2322 340 Main Street Paris 40361 1280 Royal Ave. Louisville 40204 Home 270-692-6945 Jeff Hoover Home 859-987-9879 Work 502-451-8262 Home 606-598-8575 PO Box 985 Jamestown 42629 FAX 606-598-2357 Will Coursey PO Box 467 Benton 42025-0467 Work 270-343-5588 Paul Hornback Darryl T. Owens 6102 Cropper Rd. Shelbyville 40065 Home 270-527-4610 Home 270-343-2264 1018 S. 4th St., Ste. 100 Louisville 40203 Alecia Webb-Edgington Home 502-461-9005 Damon Thayer Work 270-527-4610 1650 Chestnut Ct. Fort Wright 41011 102 Grayson Way Georgetown 40324 Home 502-584-6341 Home FAX 502-461-7799 Dennis Horlander Home 859-426-7322 Home 859-621-6956 Jesse Crenshaw 1806 Farnsley Rd. Shively 40216 Ruth Ann Palumbo FAX 502-868-6086 Work 502-447-9000 Susan Westrom Tom Jensen 121 Constitution Lexington 40507 10 Deepwood Dr. Lexington 40505 PO Box 22778 Lexington 40522-2778 Home 502-447-2498 303 S. Main Street London 40741 Work 859-259-1402 Home 859-299-2597 Work 859-266-7581 Home 606-878-8845 Johnny Ray Turner Home 859-252-6967 849 Crestwood Dr. Prestonsburg 41653 FAX 859-259-1441 Brent Housman Tanya Pullin Home 606-889-6568 2307 Jefferson Street Paducah 42001 Addia Wuchner Ray S. Jones II 1026 Johnson Lane South Shore 41175 PO Box 911 Burlington 41005 PO Drawer 3850 Pikeville 41502 Ron Crimm Home 270-366-6611 Work 606-932-2505 PO Box 43244 Louisville 40253 Work 859-525-6698 Work 606-432-5777 Robin L. Webb Home/FAX 270-442-6394 404 W. Main Street Grayson 41143 Work 502-400-3838 FAX 606-432-5154 Ryan Quarles Home 606-474-5380 Home 502-245-8905 PO Box 1001 Georgetown 40324 Brent Yonts Wade Hurt 232 Norman Circle Greenville 42345 4507 Bellevue Ave. Louisville 40215 LRC 502-564-8100 Alice Forgy Kerr Robert R. Damron Work 270-338-0816 3274 Gondola Dr. Lexington 40513 Jack Westwood Home 502-424-1544 209 Graves Ave. Erlanger 41018 231 Fairway West Nicholasville 40356 Marie Rader Home 270-338-6790 Home 859-223-3274 Home 859-344-6154 Home 859-887-1744 PO Box 323 McKee 40447 FAX 270-338-1639 Joni L. Jenkins Work 606-287-3300 2010 O’Brien Ct. Shively 40216 Jill York Bob Leeper Jim DeCesare Home 606-287-7303 PO Box 591 Grayson 41143 229 South Friendship Paducah 42003 David L. Williams Home 502-447-4324 PO Box 666 PO Box 122 Rockfield 42274 FAX 606-287-3300 Work 606-474-7263 Work 270-554-9637 Burkesville 42717 Home 270-792-5779 Dennis Keene Work FAX 606-474-7638 Home 270-554-2771 Home FAX 888-275-1182 Rick Rand Work 270-864-5636 1040 Johns Hill Road Wilder 41076 PO Box 273 Bedford 40006 FAX 270-554-5337 Work 270-792-5779 Home 270-433-7777 Home 859-441-5894 Work 502-255-3286 Home 502-255-3392 Vernie McGaha Mike Denham Thomas Kerr 4787 W. Hwy. 76 Mike Wilson 306 Old Hill City Road Maysville 41056 FAX 502-255-9911 635 Crossings Court 5415 Old Taylor Mill Rd. Taylor Mill 41015 Russell Springs 42642 Home 606-759-5167 Bowling Green 42104 Work 859-431-2222 Home 270-866-3068 Jody Richards Home 270-781-7326 Bob M. DeWeese Home 859-356-1344 817 Culpeper St. Bowling Green 42103 Home FAX 270-781-8005 6206 Glen Hill Rd. Louisville 40222 FAX 859-431-3463 Work 270-781-9946 Home 502-426-5565 Home 270-842-6731 Gerald A. Neal Kim King Suite 2150 Meidinger Twr Ken Winters FAX 270-781-9963 1500 Glendale Road Murray 42071 250 Bright Leaf Drive Harrodsburg 40330 462 S. 4th Street Home 270-759-5751 Home 859-734-2173 Steve Riggs Louisville 40202 PO Box 24586 Louisville 40224-0586 Work 502-584-8500 LRC 502-564-8100 Home 502-776-1222 FAX 502-564-6543 FAX 502-584-1119 Martha Jane King Tom Riner 633 Little Cliff Estate Lewisburg 42256 R.J. Palmer II 1143 E. Broadway Louisville 40204 Home 270-657-2707 Home 502-584-3639 1391 McClure Road Winchester 40391 FAX 270-657-2755 Home 859-737-2945 Carl Rollins II PO Box 424 Midway 40347 Home 859-846-4407 Work 502-696-7474

THE KENTUCKY GENERAL ASSEMBLY  Committee Meetings CAPITAL PROJECTS by voice vote. project. The scope increase is AND BOND OVERSIGHT Correspondence Items $291,000 with a revised project scope Representative Glenn asked Ms. of $3,169,400. The additional funds COMMITTEE Culpepper to discuss correspondence will be provided by a US Health and Minutes April 19, 2011 items. Ms. Culpepper said members’ Human Services Head Start grant. The Call to Order and Roll Call folder contained three items of project will provide pre-Kindergarten The Capital Projects and Bond correspondence. The first item of population data to enhance the Index Oversight Committee met on Tuesday, correspondence was a letter from longitudinal system architecture from April 19, 2011, at 1:00 p.m., in Room the Kentucky Housing Corporation the pre-Kindergarten level through the A (KHC) notifying the committee that postsecondary level. Administrative Regulation Review 171 of the Capitol Annex. The meeting Subcommittee, 6 was called to order, and the secretary KHC is structuring a transaction with Representative Glenn asked called the roll. $30 million in funding from the US when the system would be fully C Present were: Treasury’s New Issue Bond Program, implemented. Charlie Harmon, Budget Capital Projects and Bond Oversight, which is expected to close in May. Director, DOE; said the primary 4 Members: Senator Bob Leeper, Co-Chair; Representative Jim Glenn, The next two items of education system has been fully G Co-Chair; Senators Tom Buford, Jared correspondence were from the implemented and the postsecondary Government Contract Review Com- Carpenter, and Julian M. Carroll; University of Kentucky (UK) to education system is currently in mittee, 8 Representatives Robert R. Damron, notify the committee that UK plans to progress. He said the scope increase Steven Rudy, and Jim Wayne. use the Construction Management-at- requested is for the pre-Kindergarten T Risk project delivery method for the system, which will be implemented in Tobacco Settlement Agreement Fund Guests: John Hicks, Governor’s Oversight Committee, 10 Office of Policy Management; Sam Upgrade Student Center Infrastructure the coming months. Ruth, Department for Facilities and and Construct Second New Housing Representative Wayne made Support Services; Charlie Harmon, North Campus projects. a motion to approve the scope Department of Education; Charles Information Items increase. The motion was seconded Bush, Division of Real Property; Sandy Ms. Culpepper said members’ by Representative Damron and passed Williams and Kasi White, Kentucky folders also contained six information unanimously by roll call vote. Infrastructure Authority; Katie Smith, items. The first three information Reports of Pool Projects Cabinet for Economic Development; items were the quarterly status reports in Excess of $600,000 for the Tom Howard and Brett Antle, Office on capital projects for the Finance Department for Facilities and of Financial Management; Mike and Administration Cabinet and the Support Services. Walters, Morehead State University; universities that manage their own Mr. Ruth said the first pool and Lisa Collins, School Facilities capital construction programs; the project was for the Cooling Tower Construction Commission. Administrative Office of the Courts; Replacement, Capital Plaza Tower. LRC Staff: Kristi Culpepper and and the Commonwealth Office of The appropriation is $1,200,000 and is Samantha Gange. Technology. The fourth item of provided from the 2010 Extraordinary Approval of Minutes correspondence was a report from Session HB1 (2010-12 Budget) Bond- Representative Wayne made a Moody’s Investors Service explaining Funded Maintenance Pool. The existing motion to approve the minutes of the its decision to downgrade the state’s cooling tower is approximately 40 March 15, 2011, meeting. The motion issuer credit rating to Aa2; the fifth years-old and continued repairs are no was seconded and approved by voice item of correspondence was the Semi- longer economically feasible. vote. Annual Report of the Kentucky Asset/ The second pool project was for Election of Senate Co-Chair Liability Commission; and the last the Renovation of the Old Surplus Kristi Culpepper, Committee items of correspondence were the staff Property Building on Barrett Avenue Staff Administrator, indicated that and bond market updates. in Frankfort, KY. The appropriation pursuant to KRS 45.790, a Co-Chair University of Louisville (UL) is $1,500,000 and is provided from election was needed for the positions Scientific Research Equipment the 2008 HB 406 (2008-10 Budget) of Senate and House Co-Chairs. Ms. Culpepper said UL was Bond-Funded Maintenance Pool. Senator Carpenter nominated Senator reporting that it has used $601,000 Once renovations are made, the Leeper for the position of Senate Co- of federal funds to purchase two Department of Revenue will relocate Chair. The motion was seconded by unbudgeted items of scientific research state employees from leased space Senator Buford. Senator Buford then equipment for the school’s Rapid into state-owned space. made a motion that nominations cease Prototyping Center and the Speed The third pool project was for and that Senator Leeper be elected School of Engineering. the Education Center project (Capitol as Senate Co-Chair by acclamation. Project Scope Increase from Grounds Tourism Enhancement). The motion was seconded by Senator the Finance and Administration The appropriation is $988,000 and Carroll and approved by voice vote. Cabinet is provided from the 2006 HB 380 Election of House Co-Chair Representative Glenn asked John (2006-08 Budget) Bond-Funded Representative Damron Hicks, Deputy Director, Governor’s Maintenance Pool and the 2008 HB nominated Representative Glenn for Office of Policy Management; and 406 (2008-10 Budget) Bond-Funded the position of House Co-Chair. The Sam Ruth, Commissioner, Department Maintenance Pool. As a result of this motion was seconded by Representative for Facility and Support Services; project, an Education Center will be Wayne. Representative Damron then to present several items. Mr. Hicks available for visitors of the capitol made a motion that nominations said the Finance and Administration campus and will serve as a showcase cease and that Representative Glenn Cabinet is requesting approval of a for green technology. be elected House Co-Chair by scope increase for the Department of The fourth pool project was for acclamation. The motion was seconded Education (DOE), Enhance Kentucky the Capitol Annex Roof Replacement by Representative Rudy and approved Statewide Longitudinal Data System project. The original project was for

 2011 Interim LEGISLATIVE RECORD $1,500,000 and was reported to the 3734) for office space with an annual B program that specifically identified was approved by the City Council. committee at its July 2010 meeting, as rental cost of $419,103. The lease term broadband and internet usage as an Ms. Williams said the third loan a project pool in excess of $600,000. is through June 30, 2014. area they would target. KIA has set request was a $2,033,947 Fund B loan The scope of the project has increased The fifth lease renewal was aside a small amount of funds for that for the MFA for the Fiber Optic Cable to $1,650,000 due to some unforeseen for the Department of Revenue in purpose. Build Project #1. The loan term is conditions such as masonry problems Franklin County (PR-3747) for office Representative Damron asked 20 years with an interest rate of two and a deteriorated gypsum deck. The and warehouse space with an annual if KIA currently had Fund B loan percent. scope increase will be provided from rental cost of $181,339. The lease term applications for water and sewer that In response to a question from the 2006 HB 380 (2006-08 Budget) is through June 30, 2014. KIA is not able to award. Ms. Williams Representative Glenn, Ms. Williams Bond-Funded Maintenance Pool and The sixth lease renewal was for said that the Fund B loan program said local officials have been working the 2008 HB 406 (2008-10 Budget) the Department of Public Advocacy works on a first come first serve basis. hard to provide broadband service to Bond-Funded Maintenance Pool. No in Franklin County (PR-3764) for She said KIA is currently able to cover businesses in Western Kentucky. action is required on pool projects in office space with an annual rental all Fund B loan applications for water Senator Carroll made a motion to excess of $600,000. cost of $285,762. The lease term is and sewer. approve the Fund B loan assumption Representative Glenn asked through June 30, 2014. The seventh Representative Damron said he and the two Fund B loans. The motion what the remaining balances were for lease renewal was for the Department was concerned about making loans was seconded by Representative the 2006-08 and the 2008-10 Bond- of Agriculture in Franklin County to governmental agencies for internet Wayne. Seven members voted “yes” Funded Maintenance Pools. Mr. (PR-4505) for office and laboratory when there is such a need for water and one member passed. The motion Hicks said the Finance Cabinet is in space with an annual rental cost of and sewer projects across Kentucky, carried. the process of finishing out the 2006- $182,793. The lease term is through especially rural areas. KIA Fund F Loans 08 pools, and near finishing out the June 30, 2014. Senator Carroll asked why KIA Ms. Williams said the fourth loan 2008-10 pools. The eighth lease renewal was would fund broadband projects when request was a $2,080,000 Fund F loan Senator Buford asked if the for the Department of Agriculture in there is a funding need for water and for the City of Brandenburg in Meade Bond-Funded Maintenance Pools Franklin County (PR-4804) for office sewer projects. Ms. Williams said County for the Water Treatment Plant from all budget cycles, including the and laboratory space with an annual projects such as the one with MFA Upgrade and Expansion project. The most recent one are satisfactory. Mr. rental cost of $199,800. The lease term provide for economic development in loan term is 20 years with an interest Hicks said the pools have allowed the is through June 30, 2014. certain areas. rate of two percent. department to do various maintenance In response to a question from In response to a question from The fifth loan request was a and renovation projects that were not Representative Glenn, Mr. Bush said Senator Leeper, Ms. Williams said the $1,633,000 Fund F loan for the Bullock included in the budget. However, the variance in the cost of square committee has approved approximately Pen Water District in Grant County for he indicated that in the areas of footage pertains to the type of space six Fund B loans for broadband or the construction of a 500,000 gallon Corrections, Mental Health, and needed such as office or warehouse internet projects. water storage tank, pump station, new Department of Parks the maintenance space. Representative Wayne asked if water lines, and replacement water pools have been insufficient. Senator Leeper asked why only KIA notifies local governments that lines. The loan term is 20 years with Representative Wayne said he is two of the lease renewals include funds are available for water and an interest rate of two percent. aware that the Capital Plaza Tower utilities. Mr. Bush said that some of sewer projects. Ms. Williams said KIA Representative Wayne made a is old and has been deteriorating. the older buildings include utilities provides training sessions for local motion to approve the two Fund F He asked what the status was on and the newer ones do not. He said water and sewer entities across the state loans. The motion was seconded by replacing the building. Mr. Ruth said that newer leases do not typically throughout the year. Additionally, KIA Representative Damron and passed the department has completed a Phase include utilities. meets with Area Water Development unanimously by roll call vote. A Design. The replacement of the Senator Carroll made a motion Councils. For the federally-funded KIA Grants facility is included as a top priority to approve the eight lease renewals. programs an Intended Usage Plan is Ms. Williams indicated three non- in the department’s capital plan. He The motion was seconded by published and available to the public. coal development grants authorized by indicated funding is needed for the Representative Damron and approved Senator Buford asked if the debt the General Assembly were included project to move forward. unanimously by roll call vote. would be guaranteed by the Cities of in members’ folders. No further Report of Lease Renewals with Kentucky Infrastructure Murray and Paducah. Kasi White, committee action was needed. an Annual Cost Exceeding $100,000 Authority (KIA) Fund B Loans Financial Analyst, KIA, said that Economic Development (EDB) Representative Glenn asked Representative Glenn asked Sandy MFA was formed with an interlocal Pool Grant Charles Bush, Director, Division Williams, Financial Analyst, KIA, to agreement between the two cities. The Representative Glenn asked of Real Property, Finance and present several loans. Ms. Williams agreement states that any obligation of Katie Smith, Deputy Commissioner, Administration Cabinet, to report eight said the first request was a Fund B the agency is also an obligation of the Department for Financial Incentives, lease renewals. Mr. Bush said the first loan assumption for the MuniNet Fiber governmental entity. Cabinet for Economic Development, lease renewal was for the Cabinet for Agency (MFA) in McCracken County. In response to a question from to present two items. Ms. Smith said Health and Family Services (CHFS) The committee approved the original Senator Buford, Ms. White said the the first item was a $500,000 EDB in Montgomery County (PR-2829) for Fund B loan request at its July 16, usage rates are for businesses. She grant to the City of Morgantown for office space with an annual rental cost 2009, meeting. The MFA is seeking noted that the project would service the benefit of Sequa Automotive of $130,356. The lease is through June to assume $2,446,557 in outstanding local governments, libraries, and Group to offset the cost of improving 30, 2012 and includes utilities. Infrastructure Revolving Fund B loan hospitals. She indicated there is a and equipping approximately 60,000 The second lease renewal was debt of the City of Murray as a result great need for broadband service for square feet of unused space at its current for the Department for Libraries and of the creation of the MFA. The loan businesses in this area. manufacturing facility. The space will Archives in Franklin County (PR- terms will remain the same as with the Representative Damron asked be used to produce automobile airbag 3388) for warehouse space with an original loan, 1.57 percent interest rate how much is available in Fund B for inflators. Pursuant to the EDB grant annual rental cost of $192,948. The with a 20 year term. broadband projects. Ms. Williams said agreement, the company must create lease term is through June 30, 2014 Discussion of KIA Fund B Loan approximately $500,000. 280 new, full-time jobs for Kentucky and includes utilities. Assumption for MFA residents with an average hourly wage The third lease renewal was for Representative Damron said he KIA Fund B Loans Continued of $12.98, excluding benefits. the Department of Agriculture in thought that KIA only made loans Ms. Williams said the second Representative Glenn asked who Franklin County (PR-3482) for office for water and sewer projects not for request was a $141,700 Fund B loan the company will be supplying airbags space with an annual rental cost of broadband projects. Ms. Williams for the City of Elkton in Todd County to and if it was in close proximity $246,489. The lease term is through said statutorily KIA has the ability to for the West Main, Commerce, and to Kentucky. Ms. Smith said she June 30, 2014. loan money to governmental agencies 68/80 Sewer Extension project. The thought Sequa was supplying the The fourth lease renewal was for such as MFA, which includes electric loan term is 20 years with an interest airbags to a manufacturing company the CHFS in Franklin County (PR- and broadband. She said several years rate of one percent. The required rate in Tennessee. ago KIA added a section to the Fund increase associated with the project Senator Carroll made a motion

THE KENTUCKY GENERAL ASSEMBLY  to approve the EDB grant project. Senator Carroll asked what the Present were: In response to a question by The motion was seconded by total amount of the transaction was. Mr. Members: Senator Joe Bowen, Senator Pendleton, Ms. Johnson stated Representative Wayne and passed Antle said the total amount from this Co-Chair; Representative Johnny Bell, that in 2009 the federal government unanimously by roll call vote. transaction is $268.4 million. He said Co-Chair; Senators David Givens, expanded procedures for overseas EDB Pool Project – Base there was a $468 million transaction Alice Forgy Kerr, and Joey Pendleton; voting. This amendment updated Realignment and Closure (BRAC) done last fall that refunded all of the Representatives Robert R. Damron, voting procedures for compliance with Ms. Smith said the second prior loans that had been made from Danny Ford, and Jimmie Lee. federal standards to allow soldiers who item was a $1,800,000 EDB BRAC fiscal years 2005 to 2010. Guests: Sherron Jackson, Rana did not get a ballot to vote by “write grant to the City of Vine Grove for In response to a question from Johnson, Dennis Taulbee, Council in” for a primary election. the Highway 313 Sewer Expansion Senator Leeper, Mr. Hicks said this on Postsecondary Education; Sarah Senator Pendleton requested that project. The 2010 General Assembly transaction concludes the budgeted Johnson, Sandy Milburn, State Board voting requirements for military be (Extraordinary Session) authorized plan for fiscal years 2011 and 2012. of Elections; Emily Dennis, Registry simplified. $38,495,000 in HB 1 (2010-2012 He said the new statute that creates of Election Finance; Beau Barnes, A motion was made and seconded Budget) of General-Fund supported additional funding streams for KTRS Kentucky Teachers’ Retirement to approve the following amendments: bond funds for BRAC projects. With Medical Fund will obviate the need System; Tom Crawford, David Gordon, (1) to amend Section 1 to place terms this project, the balance of funding for some of the borrowing that would DeVon Hankins, Mark Johnson, Bruce in alphabetical order; (2) to amend provided in the total appropriation otherwise be taking place. The medical Nix, Jamie Shackleford, Finance and Section 4 to specify how an absent for BRAC-related projects will have fund will still require General Fund Administration Cabinet; Charlotte voter may designate a candidate in been allocated. No committee action support over the next few fiscal years, Beason, Nathan Goldman, Board a primary election; (3) to amend is needed for BRAC projects. but beyond that the plan will be self- of Nursing; Ron Brooks, Margaret Sections 4, 6, and 7 to comply with the New Bond Issue – Morehead funded. Everson, Karen Waldrop, Department drafting and formatting requirements State University School Bond Issues of Fish and Wildlife; Sandra Gruzesky, of KRS Chapter 13A; (4) to amend Representative Glenn asked Mr. Antle reported five new Abby Powell, Anshu Singh, Division the RELATES TO paragraph to add Tom Howard, Executive Director, bond issues with School Facilities of Water; Kevin Brown, Kay Kennedy, a citation; (5) to amend Section 1 to and Brett Antle, Deputy Director, Construction Commission (SFCC) Department of Education; DJ Wasson, change the term “absent overseas Office of Financial Management, to debt service participation for Augusta Department of Insurance; Marc A. voter” to “absent voter”; (6) to present several items. Mr. Howard Independent in Bracken County, Guilfoil, Greg Lamb, Tim West, amend Section 1 to add citations to said the first item was a new bond Bellevue Independent in Campbell Kentucky Horse Racing Commission; the federal definitions for the terms issue for Morehead State University County, Boyle County, Franklin Matt McKinley, Cabinet for Health “absent uniformed services voter” General Receipts Bonds, 2011, Series County, and Kenton County. and Family Services and David Cox, and “overseas voter”; (7) to amend A. The par amount of the bonds is In response to a question from Board of Licensure for Engineers and Sections 2 through 6 to conform to the $5,060,000. Bond proceeds will Representative Wayne, Lisa Collins, Land Surveyors. new terms; and (8) to amend Section 3 finance the renovation of East Mignon School Facilities Construction LRC Staff: Dave Nicholas, to add language prohibiting the county Residence Hall as authorized in 2010 Commission, said Augusta Emily Caudill, Donna Little, Sarah board of elections from counting a Extraordinary Session HB 1 (2010-12 Independent is a very small school, Amburgey, Emily Harkenrider, Karen federal write-in absentee ballot from Budget). but she is not sure on the numbers. She Howard, and Laura Napier. an “absent uniformed services voter” if Representative Glenn asked if said she would provide the information The Administrative Regulation it is submitted from within the voter’s this bond issue will affect the tuition to committee staff. Review Subcommittee met on county of residence. Without objection, rate for students. Mike Walters, Vice Senator Carroll made a motion Tuesday, April 12, 2011, and submits and with agreement of the agency, the President for Administration and Fiscal to approve the five new SFCC bond this report: amendments were approved. Services, Morehead State University, issues. The motion was seconded Administrative Regulations DEPARTMENT OF STATE: said that tuition rates would not be by Representative Rudy and passed Reviewed by the Subcommittee: Kentucky Registry of Election affected by this bond issue. unanimously by roll call vote. COUNCIL ON Finance: Practice and Procedure Representative Wayne made a Representative Glenn asked Ms. POSTSECONDARY EDUCATION: 32 KAR 2:130 & E. Monetary motion to approve the new bond issue. Culpepper to report new local school Public Educational Institutions contributions made in a format other The motion was seconded by Senator district bond issues. Ms. Culpepper 13 KAR 2:060. Degree program than cash, and refunds. Emily Dennis, Carroll and passed unanimously by said there were seven local school approval; equal opportunity goals. general counsel, represented the roll call vote. district bond issues with 100 percent Sherron Jackson, associate vice registry. Follow-up Report for Previously locally-funded debt service for president; Rana Johnson, chief FINANCE AND Approved Bond Issue Grayson County, Hardin County, diversity officer; and Dennis L. ADMINISTRATION CABINET: Mr. Antle said the second item Jefferson County, Jessamine County, Taulbee, general counsel, represented Kentucky Teachers’ Retirement was a follow-up report for Kentucky Kenton County, Paducah Independent the council. System: General Rules Asset/Liability Commission Funding in McCracken County, and Pulaski A motion was made and seconded 102 KAR 1:178 & E. Investment Notes, 2011 General Fund First County. to approve the following amendments: policies for insurance trust fund. Beau Series (Taxable). Proceeds from this With there being no further (1) to amend the NECESSITY, Barnes, deputy executive secretary transaction will finance the state’s business, Representative Rudy made FUNCTION, AND CONFORMITY and general counsel, represented the share of obligations owed to the a motion to adjourn the meeting. The paragraph to clearly state the system. Kentucky Teachers Retirement System motion was seconded and the meeting necessity for and function served In response to questions by (KTRS) Medical Insurance Trust adjourned at 2:20 p.m. by this administrative regulation, as Senator Pendleton, Mr. Barnes stated Fund for fiscal years 2011 and 2012 ADMINISTRATIVE required by KRS 13A.220; and (2) to that the system retained an outside ($145.9 million and $122.5 million, REGULATION REVIEW amend Sections 1 through 6 to comply investment consultant, nationally respectively). The bond issue was not SUBCOMMITTEE with the drafting and formatting recognized money managers, and in- approved by the committee prior to requirements of KRS Chapter 13A. house financial analysts. The systems Minutes of the April Meeting issuance because the February 2011 April 12, 2011 Without objection, and with agreement tried to avoid managed risk, which meeting was cancelled. No committee Call to Order and Roll Call of the agency, the amendments were helped minimize losses during the action was needed. The April meeting of the approved. recent recession. In response to a question from Administrative Regulation Review KENTUCKY STATE BOARD In response to questions by Co- Senator Carroll, Mr. Antle indicated Subcommittee was held on Tuesday, OF ELECTIONS: Voting Chair Bell, Mr. Barnes stated that no redirections from the pension have April 12, 2011, at 1:00 PM, in Room 31 KAR 5:010 & E. Use of the system trustees took oaths regarding yet been made this fiscal year. This 149 of the Capitol Annex. Senator federal write-in absentee ballot in fiduciary responsibility and signed transaction funded the amount the state Joe Bowen, Chair, called the meeting elections for federal office. Sarah statements pertaining to conflicts of was obligated to pay for fiscal year to order, and the secretary called the Johnson, executive director, and interest. They also received annual 2011 and the full-amount obligated for roll. Sandy Milburn, assistant director, ethics training. Violations of fiduciary fiscal year 2012. represented the board. responsibility were subject to the same

 2011 Interim LEGISLATIVE RECORD civil and criminal penalties as in the HERITAGE CABINET: Department Anshu Singh, environmental control In response to questions by Co- private sector. of Fish and Wildlife Resources: Fish supervisor, represented the division. Chair Bell, Ms. Wasson stated that the Department of Revenue: Forms 301 KAR 1:155. Commercial In response to questions by Co- statute allowed for premium increases 103 KAR 3:010. General fishing requirements. Ron Brooks, Chair Bell, Ms. Gruzesky stated that that may increase consumer cost. This Administrative Forms Manual. David director, fisheries division; Margaret aspects of wastewater planning that administrative regulation clarified how Gordon, executive director, Office Everson, assistant attorney general; required engineering expertise required to charge the fee and how to refund it, of Property Valuation; Bruce Nix, and Karen Waldrop, wildlife director, the stamp of a licensed, professional but local jurisdictions determined the director, Division of Individual Income represented the department. engineer. Nonengineering aspects cost in accordance with the authorizing Tax; and Janine Shackelford, branch In response to questions by of planning, such as jurisdictional statute. manager, Program Improvement/ Representative Damron, Mr. Brooks and legal aspects, did not constitute In response to a question by Data Quality Branch, represented the stated that comments were received engineering and did not require the Senator Givens, Ms. Wasson stated department. during the public comment period. engineer’s stamp. Ms. Singh stated that local jurisdictions were required In response to questions by Commercial fishermen commented that parts of the wastewater planning, to charge the same percentage Senator Pendleton, Mr. Gordon stated on the licensure fee deadline. They such as soil testing, did not requiring among policyholders; however, local that 103 KAR 3:010, 3:030, and 3:040 preferred that the deadline be extended. engineering expertise. jurisdictions may establish exemptions, and E updated tax forms and reports. Mr. Brooks stated that the deadline was EDUCATION AND such as exemptions for churches. The forms did not impact property necessary to allow for timely permit WORKFORCE DEVELOPMENT Kentucky Horse Racing valuation administrators, but were processing. Commercial fishermen also CABINET: Kentucky Board of Commission: Harness Racing mostly for personal tax reporting. wished to include brothers and sisters Education: Department of Education: 811 KAR 1:280. Calculation of Burden to the taxed community would among immediate family members Pupil Transportation payouts and distribution of pools. not increase. who could use the commercial fishing 702 KAR 7:125. Pupil attendance. Greg Lamb, supervisor, pari-mutuel In response to a question by license. The department agreed to Kevin Brown, general counsel, and wagering, and Timothy West, assistant Senator Givens, Mr. Gordon stated that change, which was made in the Kay Kennedy, director, represented general counsel, represented the that 103 KAR 3:010, 3:030, and 3:040 Amended After Comments version. the department. commission. and E streamlined form and report Additionally, commercial fishermen In response to questions by A motion was made and seconded processing. wanted permission to use snagging. Representative Damron, Mr. Brown to approve the following amendments: A motion was made and seconded The department did not make that stated that the Local Superintendents to amend the RELATES TO paragraph to approve the following amendments: change because snagging posed risks Advisory Council was involved in the and Sections 1 through 17 to comply to amend Sections 1 and 2 to comply to fish populations. drafting process. Ms. Kennedy stated with the drafting and formatting with the drafting and formatting A motion was made and that the department also worked with requirements of KRS Chapter 13A. requirements of KRS Chapter 13A. seconded to approve the following the Division of Pupil Personnel in Without objection, and with agreement Without objection, and with agreement amendments: to amend Sections 1, developing these policies. None of of the agency, the amendments were of the agency, the amendments were 4, and 5 to comply with the drafting the administrative bodies expressed approved. approved. and formatting requirements of KRS opposition to the changes. Quarter Horse, Appaloosa, and 103 KAR 3:030. Property and Chapter 13A. Without objection, and In response to questions by Arabian Racing Severance Forms Manual. with agreement of the agency, the Senator Givens, Ms. Kennedy stated A motion was made and seconded A motion was made and amendments were approved. that attendance recording requirements to approve the following amendments: seconded to amend Sections 1 through Game were amended for clarification to amend the RELATES TO paragraph 3 to comply with the drafting and 301 KAR 2:049. Small game regarding what constituted tardiness and Sections 1 through 17 to comply formatting requirements of KRS and furbearer hunting and trapping on and what constituted a half day absence. with the drafting and formatting Chapter 13A. Without objection, and public areas. It would not significantly skew requirements of KRS Chapter 13A. with agreement of the agency, the 301 KAR 2:178. Deer hunting attendance comparisons from years Without objection, and with agreement amendments were approved. on Wildlife Management Areas, state prior to and after this amendment. of the agency, the amendments were 103 KAR 3:040 & E. Income Tax parks, and other public lands. A motion was made and seconded approved. Forms Manual. In response to questions by to approve the following amendments: CABINET FOR HEALTH A motion was made and seconded Senator Givens, Dr. Waldrop stated to amend Sections 1, 5, 7, 9, 14, 15, AND FAMILY SERVICES: Office to approve the following amendments: that the changes to this administrative and 16 to comply with the drafting of Inspector General: Division of (1) to amend the RELATES TO regulation provided for potential and formatting requirements of KRS Public Health Protection and Safety: paragraph to add a statutory citation; additional deer tags, depending on the Chapter 13A. Without objection, and Radiology and (2) to amend Sections 1 through state park. There had always been some with agreement of the agency, the 902 KAR 100:010. Definitions 3 to comply with the drafting and overlap in weaponry seasons, but there amendments were approved. for 902 KAR Chapter 100. Matt formatting requirements of KRS had not been confusion among hunters PUBLIC PROTECTION McKinley, branch manager; Curt Chapter 13A. Without objection, and regarding which season it was. CABINET: Department of Insurance: Pendergrass, Ph.D.; and Angela with agreement of the agency, the In response to a question by Co- Consumer Protection Division: Shryock, radiation health specialist, amendments were approved. Chair Bowen, Dr. Waldrop stated that Administration represented the division. GENERAL GOVERNMENT the changes would have a positive 806 KAR 2:150. Collection In response to a question by CABINET: Board of Nursing: Board impact on state parks and state park fee. D.J. Wasson, staff assistant, Co-Chair Bell, Mr. McKinley stated 201 KAR 20:059 & E. Advanced revenue. represented the division. that the division issued licenses and practice registered nurse controlled A motion was made and seconded In response to questions by provided oversight in the form of substances prescriptions. Charlotte to approve the following amendments: Representative Damron, Ms. Wasson inspections. Beason, executive director, and to amend Section 8 to comply with the stated that the division received A motion was made and seconded Nathan Goldman, general counsel, drafting and formatting requirements of comments from the Kentucky to approve the following amendments: represented the board. KRS Chapter 13A. Without objection, Association of Counties and the (1) to amend the RELATES TO In response to a question by and with agreement of the agency, the Kentucky League of Cities. Most paragraph to add citations; (2) to Senator Kerr, Ms. Beason stated amendments were approved. comments were supportive of this amend the NECESSITY, FUNCTION, that the board voted unanimously to ENERGY AND administrative regulation. Two (2) AND CONFORMITY paragraph to approve the extended time frame for ENVIRONMENT CABINET: commenters asked for clarification, clearly state the necessity for and controlled substance prescriptions by Department for Environmental which the division made in the function served by this administrative advanced practice registered nurses. Protection: Division of Water: Water Amended After Comments version. regulation, as required by KRS Senator Pendleton thanked the Quality Another administrative regulation 13A.220; (3) to amend Section 1 board, and physician board members 401 KAR 5:006. Wastewater allowed a tax collection fee up to to comply with the drafting and especially, for promulgating this planning requirements for regional fifteen (15) percent of the total tax to formatting requirements of KRS change. planning agencies. Sandra Gruzesky, be collected. The fifteen (15) percent Chapter 13A; and (4) to amend the TOURISM, ARTS AND director, division of water, and threshold was a statutory provision. REGULATORY IMPACT ANALYSIS

THE KENTUCKY GENERAL ASSEMBLY  AND TIERING STATEMENT to corrections; (2) to amend Sections wagering. Senator Hornback nominated correct a typographical error. Without 1, 2, 3, 5, 6, 8, 9, and 10 to comply 811 KAR 1:250. Exotic Senator Vernie McGaha as Co-Chair objection, and with agreement of with the drafting and formatting wagering. from the Senate, Senator Gibson the agency, the amendments were requirements of KRS Chapter 13A; Quarter Horse, Appaloosa, and seconded the nomination. Senator approved. and (3) to amend Section 10 to revise Arabian Racing Carroll moved that the nominations 902 KAR 100:021. Disposal of the form incorporated by reference. 811 KAR 2:010. Definitions. cease, Senator Gibson seconded the radioactive material. Without objection, and with agreement 811 KAR 2:060. Pari-mutuel motion. Senator Vernie McGaha was A motion was made and seconded of the agency, the amendments were wagering. elected by acclamation as the Senate to approve the following amendments: approved. 811 KAR 2:160. Exotic Co-Chair of the Government Contract (1) to amend the NECESSITY, Other Business: A moment of wagering. Review Committee. FUNCTION, AND CONFORMITY silence was observed on behalf of CABINET FOR HEALTH AND Co-Chair Horlander assumed the paragraph to make a technical Representative Dewayne Bunch, FAMILY SERVICES: Department for chair and recognized newly appointed correction; (2) to amend Sections 2, following injuries he sustained that Community Based Services: Division member, Representative Housman, 3, 4, 6, 7, and 10 to comply with the morning. of Protection and Permanency: Child replacing Representative Montell, and drafting and formatting requirements Subcommittee staff explained Welfare welcomed him to the committee. of KRS Chapter 13A; and (3) to that pursuant to KRS 13A.020, the 922 KAR 1:420 & E. Child MARCH 2011 DEFERRED amend Section 13 to revise material members of this Subcommittee were fatality or near fatality investigations. LIST incorporated by reference. Without appointed March 31 of each odd- The Subcommittee adjourned at A motion was made by Senator objection, and with agreement of numbered years and as vacancies 2:00 p.m. until May 10, 2011. McGaha to approve the following the agency, the amendments were occur in its membership. All current GOVERNMENT CONTRACT contract: Department for Fish and approved. members were re-appointed; however, REVIEW COMMITTEE Wildlife, 1100001700, Missouri 902 KAR 100:058. Specific the Co-Chairs needed to be elected by Committee Minutes Department of Conservation. Senator licenses to manufacture, assemble, the membership. April 12, 2011 Hornback seconded the motion, which repair, or distribute products. A motion was made by Senator Call to Order and Roll Call passed with Representative Yonts A motion was made and seconded Givens and seconded by Senator The Government Contract Review electing to abstain (PASS). to approve the following amendments: Pendleton to nominate Senator Joe Committee met on Tuesday, April 12, A motion was made by (1) to amend the RELATES TO Bowen for Senate Co-Chair of the 2011, at 10:00 AM, in Room 171 of Representative Yonts to approve the paragraph to correct citations; (2) to Subcommittee. Senator Bowen the Capitol Annex. Kim M. Eisner, following contract: University of amend the NECESSITY, FUNCTION, accepted the nomination. A motion Committee Staff Administrator, called Kentucky, 4500044591, TreMonti AND CONFORMITY paragraph was made and seconded to cease the meeting to order, and the secretary Consulting, LLC. Senator McGaha to make a technical correction; and nominations. Senate members voted called the roll. seconded the motion, which passed (3) to amend Sections 2 through unanimously to elect Senator Bowen Present were: without objection. 13 to comply with the drafting and for Co-Chair. Members: Senators Julian M. DEFERRED ITEMS formatting requirements of KRS A motion was made by Carroll, Carroll Gibson, Paul Hornback, A motion was made by Chapter 13A. Without objection, and Representative Lee and seconded by and Vernie McGaha; Representatives Representative Yonts to defer the with agreement of the agency, the Representative Damron to nominate Jesse Crenshaw, Dennis Horlander, following contracts to the May amendments were approved. Representative Johnny Bell for House Brent Housman, and Brent Yonts. 2011 meeting of the committee: 902 KAR 100:070. Transportation Co-Chair of the Subcommittee. Guests: Paul Gannoe, Jennifer DEPARTMENT FOR MENTAL of radioactive material. Representative Bell accepted the Linton, Steve Rucker, Terry Stephens, HEALTH, DEVELOPMENT A motion was made and seconded nomination. A motion was made and David Holcomb, Jamie Williams, Joe DISABILITIES & ADDICTION to approve the following amendments: seconded to cease nominations. House Cowles, Sean Alteri, Shea Hogan, SERVICES: 1100001294, Crown to amend Sections 3, 4, 6 through 13, members voted unanimously to elect Virginia Carrington, David Gayle, Services Incorporated; 1100001295, 15, 16, 18, 20, 23, 27, and 28 to comply Representative Bell for Co-Chair. Charles Kendell, Irene Centers, Staff Easy, LLC; 1100001296, Medstaff with the drafting and formatting The following administrative Sandy Fawbush, Charlie Harman, Healthcare Solutions; 1100001396, requirements of KRS Chapter 13A. regulations were deferred to the Leslie Mahoney, Larry Clarke, and Staff Easy, LLC; 1100001397, Crown Without objection, and with agreement May 10, 2011, meeting of the Representative John Will Stacy. Services Incorporated; 1100001398, of the agency, the amendments were Subcommittee: LRC Staff: Kim Eisner, Matt Crown Services Incorporated. Senator approved. FINANCE AND Ross, and Marlene Rutherford. Carroll seconded the motion, which 902 KAR 100:072. Use of ADMINISTRATION CABINET: ELECTION OF HOUSE passed without objection. radionuclides in the health arts. Department of Revenue: Forms MEMBER CO-CHAIRMAN A motion was made by Senator A motion was made and seconded 103 KAR 3:050. Miscellaneous AND SENATE MEMBER CO- McGaha to defer the following to approve the following amendments: taxes forms manual. CHAIRMAN: contract to the May 2011 meeting (1) to amend the RELATES TO GENERAL GOVERNMENT Ms. Eisner stated that in of the committee: WESTERN and STATUTORY AUTHORITY CABINET: Board of Dentistry: Board accordance with KRS 45A.705, KENTUCKY UNIVERSITY: paragraphs to correct citations; (2) to 201 KAR 8:531. Licensure of the election of co-chairs from each 101231, Degy Booking International amend the NECESSITY, FUNCTION, dentist. chamber to serve for terms of two years Incorporated. Representative Yonts AND CONFORMITY paragraph to 201 KAR 8:561. Licensure of was required. The floor was opened seconded the motion, which passed make a technical correction; and (3) to dental hygienists. for the nomination of a Co-Chair from without objection. amend Sections 2 through 5, 8 through Board of Hairdressers and the House of Representatives. A motion was made by 11, 15, 16, 17, 24, 26, 27, 29, 32, 49, Cosmetologists: Board Representative Yonts Representative Yonts to approve the 50, 51, 52, 54, 57, 64 through 68, 70, 201 KAR 12:083. Educational nominated Representative Dennis Minutes of the March 8, 2011, meeting 71, 73, 77, and 80 to comply with the requirements. Horlander as Co-Chair from the of the committee. Senator McGaha drafting and formatting requirements of PUBLIC PROTECTION House of Representatives, Senator seconded the motion which passed KRS Chapter 13A. Without objection, CABINET: Kentucky Horse Racing Carroll seconded the nomination. without objection. and with agreement of the agency, the Commission: Representative Yonts moved that the A motion was made by amendments were approved. Thoroughbred Racing nominations cease, Representative Representative Yonts to consider 902 KAR 100:165. Notices, 810 KAR 1:001. Definitions. Carroll seconded the motion. as reviewed, the Personal Service reports and instructions to employees. 810 KAR 1:011. Pari-mutuel Representative Dennis Horlander was Contract List, with exception of those A motion was made and seconded wagering. elected by acclamation as the House items selected for further review by to approve the following amendments: 810 KAR 1:120. Exotic Co-Chair of the Government Contract members of the committee. Senator (1) to amend the TITLE; the RELATES wagering. Review Committee. McGaha seconded the motion, which TO paragraph; and the NECESSITY, Harness Racing The floor was opened for the passed without objection. FUNCTION, AND CONFORMITY 811 KAR 1:005. Definitions. nomination of a Co-Chair from the A motion was made by paragraph to make a technical 811 KAR 1:125. Pari-mutuel Senate. Representative Yonts to consider as

 2011 Interim LEGISLATIVE RECORD reviewed, the Personal Service Contract W & W Appraisals, 1100001693; 0900011901-1; Kentucky Primary C-01345595-1; HMB Professional Amendment List, with exception of American Engineers Incorporated, Care Association, Incorporated, Engineers Incorporated, C-03027186- those items selected for further review 1100001840. 1000000204; Norton Healthcare 2; CDP Engineers Incorporated, by members of the committee. Senator UNIVERSITY OF KENTUCKY: Incorporated, 1000000482; Kentucky C-05505738; HMB Professional McGaha seconded the motion, which Selge Holding & Ventures, LLC d/ Pharmacists Association, 1000000484; Engineers Incorporated, C-06042610; passed without objection. b/a Wheless Partners Executive Search, Kentucky Hospital Research & H A Spalding Incorporated, C- A motion was made by K11-176; Dell Marketing, L.P., K11- Education Foundation, 1000000519- 99005052-6; HNTB Corporation, C- Representative Yonts to consider 177; Caduceus Medical Development, 1; NAPHSIS (National Association 99005232-8; W M B Incorporated, as reviewed, the Memoranda of LLC, K11-178; Helbling & Associates for Public Health Statistics and C-99005607-6; Entran, PLC, C- Agreement List, with exception of Incorporated, K11-179. Information Systems), 1000000771; 99135245-4. those items selected for further review UNIVERSITY OF Kentucky Hospital Research & UNIVERSITY OF KENTUCKY: by members of the committee. Senator LOUISVILLE: Education Foundation, 1000001961; Digizel Grafix, LLC, McGaha seconded the motion, which Patrick D. Murphy Company, Heartland Cares Incorporated, 4500041068; Hewitt Associates passed without objection. Incorporated, 11-112; Sabak, Wilson 1100000121. Public Sector Consulting, LLC, K11- A motion was made by & Lingo, Incorporated, 11-114. EDUCATION, DEPARTMENT 143; Greenwood/Asher & Associates Representative Yonts to consider WESTERN KENTUCKY OF: Incorporated, K11-172. as reviewed, the Memoranda of UNIVERSITY: Edgar Pete Miller, 1000002535; VETERANS AFFAIRS, Agreement Amendment List, with Kerr-Greulich Engineers Kentucky Science & Technology DEPARTMENT OF: exception of those items selected for Incorporated, 101230. Corporation, 1000003001. Multi, 1000002522. further review by members of the WORKFORCE INVESTMENT, FINANCE AND WESTERN KENTUCKY committee. Senator McGaha seconded OFFICE OF: ADMINISTRATION CABINET - UNIVERSITY: the motion, which passed without Heitech Services Incorporated, DIVISION OF ENGINEERING: Contemporary Services objection. 1100001269; Analytic Insight, Third Rock Consultants, LLC, Corporation, 101112. THE FOLLOWING 1100001638. 0600002722; Hastings & Chivetta WORKFORCE INVESTMENT, PERSONAL SERVICE Architects, 0700004255; Third Rock OFFICE OF: CONTRACTS WERE REVIEWED THE FOLLOWING Consultants, LLC, 0800007711; Corporation for Skilled Workforce WITHOUT OBJECTION: PERSONAL SERVICE EOP Architects, PSC, 0800011002; Incorporated, 1100000175. AUDITOR OF PUBLIC AMENDMENTS WERE Staggs & Fisher Consulting Engineers THE FOLLOWING ACCOUNTS, OFFICE OF THE: REVIEWED WITHOUT Incorporated, 0900011701; Entran, MEMORANDA OF Dean Dorton Allen Ford, PLLC, OBJECTION: PLC, 1000000856; HDR Engineering AGREEMENTS WERE 1100001651. ADMINISTRATIVE OFFICE Incorporated, 1000000939; REVIEWED WITHOUT DEPARTMENT FOR OF THE COURTS: Linebach Funkhouser Incorporated, OBJECTION: BEHAVIORAL HEALTH, Littler Mendelson, 1100001232; 1000001607; Ross Tarrant Architects ADMINISTRATIVE OFFICE DEVELOPMENTAL AND Chrysalis House Incorporated, Incorporated, 1100000104; John Milner OF THE COURTS: INTELLECTUAL DISABILITIES: 1100001377. Associates Incorporated, 1100000253; University of Louisville Research St. Claire Medical Center, ATTORNEY GENERAL, Omni Architects, 1100001422; Omni Foundation, 1100001913. 1000001929. OFFICE OF THE: Architects, 1100001498; Ross Tarrant DEPARTMENT FOR DEPARTMENT FOR Miner Barnhill & Galland, PC, Architects, C-06082726. ENVIRONMENTAL PROTECTION: ENVIRONMENTAL PROTECTION: 1100000737. HIGHER EDUCATION University of Kentucky Research Denuke Contracting Services, C O R R E C T I O N S , ASSISTANCE AUTHORITY, Foundation, 1100001694. Incorporated, 1100001594. DEPARTMENT OF: KENTUCKY: DEPARTMENT FOR EASTERN KENTUCKY Louisville Metro Reentry Task Halcomb & Wertheim, MEDICAID SERVICES: UNIVERSITY: Force Incorporated, 1000001913; 1000002885. Kentucky Housing Corporation, Sturgill, Turner, Barker & Prodigal Ministries Incorporated, JUSTICE CABINET: 1000001214. Maloney, PLLC, 12-034; Crowe 1000003932. Access to Justice Foundation, EDUCATION, DEPARTMENT Horwath, LLP, 12-035. DEPARTMENT FOR AGING & 1100000586. OF: ECONOMIC DEVELOPMENT INDEPENDENT LIVING: KENTUCKY COMMUNITY & Leslie County Board of Education, - OFFICE OF THE SECRETARY: Neurobehavioral Resources, TECHNICAL COLLEGE SYSTEM: 1100001662. KMK Consulting Company, Ltd, 1000001694; Eckman Freeman Jobs for the Future, 449. FISH & WILDLIFE, 1100001719. and Associates, 1000001774; Radical NORTHERN KENTUCKY DEPARTMENT OF: EDUCATION PROFESSIONAL Rehabilitation Solutions, LLC, UNIVERSITY: Quail Unlimited Incorporated, STANDARDS BOARD: 1000001925. Manny Cunnard, 830-11. 1100001636. Linda Nickel, 1100001945. DEPARTMENT FOR BUSINESS PERSONNEL BOARD: I N F R A S T R U C T U R E KENTUCKY HIGHER DEVELOPMENT: Edward P. Moores, 1000003773; AUTHORITY: EDUCATION STUDENT LOAN Larkin Trade International, LLC, John C. Ryan, 1000003873. City of Pikeville, 1100001685; CORPORATION: 1000002962. PUBLIC ADVOCACY, City of Pikeville, 1100001725; City Strothman & Company, 11-010. DEPARTMENT FOR DEPARTMENT FOR: of Salyersville, 1100001841; City of KENTUCKY LOTTERY ENVIRONMENTAL PROTECTION: Erwin Wayne Lewis, Salyersville, 1100001842; City of CORPORATION: Keramida Environmental 1000004210. Salyersville, 1100001922. Jeff Sexton, 1298054. Incorporated, 1000002945. T R A N S P O R T A T I O N OFFICE OF THE GOVERNOR, MURRAY STATE DEPARTMENT FOR INCOME CABINET: DEPARTMENT FOR LOCAL UNIVERSITY: SUPPORT: TBE Group, 0600002884; GOVERNMENT: RubinBrown, LLP, 011-11; Dr. William Underwood, American Engineers Incorporated, Breathitt County Fiscal Court, Boswell, Sims & Vasseur, PLLC, 012- 1000003691. 0700005389; Municipal Engineering 1100001619; Wolfe County Fiscal 11. DEPARTMENT FOR PUBLIC Company, 1000000390; QK4, Court, 1100001689; Garrard County NORTHERN KENTUCKY HEALTH: 1000000838; J. M. Crawford & Fiscal Court, 1100001695; Fulton UNIVERSITY: Norton Healthcare Incorporated, Associates Incorporated, 1000001105; County Fiscal Court, 1100001696; City The Sanchez Law Firm, 2012- 0700006664; Park Duvalle URS Corporation, 1100001712; of Ashland, 1100001705; Christian 577. Neighborhood Health Center, HDR Engineering Incorporated, County Fiscal Court, 1100001709; STATE POLICE, DEPARTMENT 0800006809; Mayo Collaborative 1100001727; HDR Engineering City of Prestonsburg, 1100001732; OF: Services d/b/a Mayo Medical Incorporated, 1100001906; Florence City of Prestonsburg, 1100001733; Jack Riley, 1100001746. Laboratories, 0800008558; Multi, & Hutcheson, C-01063751-3; Johnson Bourbon County Fiscal Court, T R A N S P O R T A T I O N 0800008863; Kentucky Hospital Depp & Quisenberry, C-01192771- 1100001738; Carlisle County Fiscal CABINET: Research & Education Foundation, 4; American Engineers Incorporated, Court, 1100001745; Hardin County

THE KENTUCKY GENERAL ASSEMBLY  Fiscal Court, 1100001750; Wolfe INDEPENDENCE: abstain (PASS). Kendell, Irene Centers and Sandy County Fiscal Court, 1100001771; University of Kentucky Research GOVERNORS OFFICE FOR Fawbush discussed the contracts with Boyd County Fiscal Court, Foundation, 1000004216. TECHNOLOGY: the committee. A motion was made 1100001778; Floyd County Fiscal EDUCATION, DEPARTMENT Ascher Group, LLC, 1100001691. by Senator McGaha to consider the Court, 1100001835; City of Scottsville, OF: Steve Rucker and Terry Stephens contracts as reviewed. Representative 1100001898; City of Elizabethtown, Jefferson County Board of discussed the contract with the Yonts seconded the motion, which 1100001903; Pike County Fiscal Education, 1000001898; Barren County committee. A motion was made by passed unanimously. Court, 1100001927; Pike County Board of Education, 1000002592; Representative Yonts to consider the EDUCATION, DEPARTMENT Fiscal Court, 1100001929; City of Allen County Board of Education, contract as reviewed. Senator Carroll OF: Elkton, 1100001933; Hancock County 1100000128; Bath County Board of seconded the motion, which passed Larue County Board of Education, Fiscal Court, 1100001968; Crittenden Education, 1100000133; Covington unanimously. 1000002985; Trigg County Board of County Fiscal Court, 1100001970. Independent Board of Education, KENTUCKY COMMUNITY & Education, 1000003602; Pike County THE FOLLOWING 1100000138; Fayette County TECHNICAL COLLEGE SYSTEM: Board of Education, 1000003711. MEMORANDA OF AGREEMENT Board of Education, 1100000140; Company of Experts Incorporated, Charlie Harman discussed the AMENDMENTS WERE Grayson County Board of Education, 484. David Holcomb and Jamie contracts with the committee. A motion REVIEWED WITHOUT 1100000143; Henderson County Williams discussed the contract with was made by Representative Yonts to OBJECTION: Board of Education, 1100000144; the committee. A motion was made by consider the contracts as reviewed. ADMINISTRATIVE OFFICE Johnson County Board of Education, Senator McGaha to DISAPPROVE Senator Carroll seconded the motion, OF THE COURTS: 1100000147; Trigg County Board the contract. Senator Gibson seconded which passed with Senator McGaha Bluegrass Prevention Center of Education, 1100000161; Eastern the motion. The contract moves voting NO. Mental Retardation Board, Kentucky University, 1100000567; forward with Senator Carroll and MILITARY AFFAIRS, 1000003202; Seven Counties Lincoln County Board of Education, Representative Horlander voting NO, DEPARTMENT OF: Services Incorporated, 1000003931; 1100000832. and Representatives Crenshaw and City of Radcliff, 1000001195. Lifeskills Corporation Offices, KENTUCKY RIVER Yonts electing to abstain (PASS). Leslie Mahoney and Larry Clarke 1000003982; Cumberland River AUTHORITY: PERSONNEL-OFFICE OF THE discussed the contract with the Mental Health Mental Retardation U. S. Army Corps of Engineers, SECRETARY: committee. A motion was made Board Incorporated, 1000004083. 1000002557. First Onsite, LLC, 1100001964. by Senator Carroll to consider the A G R I C U L T U R E , OFFICE OF THE GOVERNOR, Joe Cowles discussed the contract with contract as reviewed. Representative DEPARTMENT OF: DEPARTMENT FOR LOCAL the committee. A motion was made Yonts seconded the motion, which Multi, 0900011602; Multi, GOVERNMENT: by Senator Carroll to consider the passed unanimously. 0900011666. City of Campbellsville, contract as reviewed. Representative EXEMPTION REQUEST C O R R E C T I O N S , 0600003119; Bell County Fiscal Yonts seconded the motion, which The Kentucky Council on DEPARTMENT OF: Court, 0800008598; City of Stanton, passed unanimously. Postsecondary Education requested Floyd County Jail, 1000003201; 0800009081; Carter County Board THE FOLLOWING exemption from Committee review Kentuckianaworks, 1000003774; of Education, 0800009988; Pulaski MEMORANDUM OF for all Adult Education Programs Louisville Metro Criminal Justice County Fiscal Court, 0800011126; AGREEMENT WAS SELECTED funded by American Recovery and Commission, 1000003906. Carter County Board of Education, FOR FURTHER REVIEW: Reinvestment Act Funds. A motion DEPARTMENT FOR 0800011145; Hopkins County Fiscal DEPARTMENT FOR was by Representative Yonts to defer BEHAVIORAL HEALTH, Court, 0800011193; Lincoln County ENVIRONMENTAL PROTECTION: the request to the May 2011 meeting DEVELOPMENTAL AND Fiscal Court, 0900011621; Hopkins Louisville Metro Waste, of the committee. INTELLECTUAL DISABILITIES: County Fiscal Court, 0900013164; 1100001571. Sean Alteri and Shea With no further business before Green River Regional Mental Hopkins County Fiscal Court, Hogan discussed the contract with the the committee, the meeting adjourned Health Mental Retardation Board, 1000000603; Green River Regional committee. A motion was made by at 11:55 AM. 1000001474; Pennyroyal Regional Independent Development Authority, Senator Hornback to DISAPPROVE TOBACCO SETTLEMENT Mental Health Mental Retardation 1000001489; Hopkins County Fiscal the contract, which did not pass with AGREEMENT FUND Board, 1000001951. Court, 1000001524; Bell County only three members voting YES. A OVERSIGHT COMMITTEE DEPARTMENT FOR Fiscal Court, 1000001762; Hopkins motion was made to consider the Minutes COMMUNITY BASED SERVICES: County Fiscal Court, 1000001770; contract as reviewed without objection, April 13, 2011 Lexington Fayette Urban Jackson County Fiscal Court, which passed with Senator Hornback, Division of Community Development, 1000002631; Daviess County Fiscal Senator McGaha, and Representative Call to Order and Roll Call 1000001491; Louisville/Jefferson Court, 1000003091; Daviess County Housman voting NO. The meeting of the Tobacco County Metro Government, Fiscal Court, 1000003213; Daviess THE FOLLOWING Settlement Agreement Fund Oversight 1000001670; Northeast Kentucky County Fiscal Court, 1000003214. MEMORANDA OF Committee was held on Wednesday, Community Action Agency, T R A N S P O R T A T I O N AGREEMENTS AMENDMENTS April 13, 2011, at 10:00 AM, in Room 1000003092. CABINET: WERE SELECTED FOR 129 of the Capitol Annex. Lowell DEPARTMENT FOR National Highway Institute, FURTHER REVIEW: Atchley, LRC Staff, called the meeting ENVIRONMENTAL PROTECTION: 1100001140. DEPARTMENT FOR to order, and the secretary called the Floyd County Board of Education, THE FOLLOWING COMMUNITY BASED SERVICES: roll. 0900013112. PERSONAL SERVICE Bell Whitley Community Present were: DEPARTMENT FOR PUBLIC CONTRACTS WERE SELECTED Action, 1000001360; Louisville/ Members: Senator Paul HEALTH: FOR FURTHER REVIEW: Jefferson County Metro Government, Hornback, Co-Chair; Representative Lincoln Trail Area Development FINANCE AND 1000002353. Virginia Carrington and Wilson Stone, Co-Chair; Senators District, 1000001756; University ADMINISTRATION CABINET - David Gayle discussed the contracts Carroll Gibson, Dennis Parrett, and of Kentucky Research Foundation, DIVISION OF ENGINEERING: with the committee. A motion was Joey Pendleton; Representatives 1000003704; U of L Research Stantec Consulting Services made by Representative Yonts to Royce W. Adams, James R. Comer Jr., Foundation, 1000004082; Murray Incorporated, 1100001637. Paul consider the contracts as reviewed. Tom McKee, Fred Nesler, and Tommy State University, 1000004097; Western Gannoe and Jennifer Linton discussed Senator Carroll seconded the motion, Turner. Kentucky University, 1000004098; the contract with the committee. A which passed unanimously. Guests: Roger Thomas, Joel University of Kentucky Research motion was made by Representative DEPARTMENT FOR PUBLIC Neaveill, Bill McCloskey, Cyndi Hall, Foundation, 1000004107; University Yonts to consider the contract as HEALTH: Jennifer Hudnall, Christy Marksbury, of Kentucky Research Foundation, reviewed. Senator Carroll seconded the North Key Community Care, and Mike Tobin. 1000004168. motion, which passed with Senators 1000001732; Pathways Incorporated, LRC Staff: Lowell Atchley, DEPARTMENT OF Gibson and Hornback voting NO and 1000001760; U of L Research Lashae Kittinger, and Kelly Blevins. ENERGY DEVELOPMENT AND Representative Housman electing to Foundation, 1000003921. Charles

10 2011 Interim LEGISLATIVE RECORD Co-chair Election agricultural entrepreneurship and lets some of the tubers go to waste in Following roll call and agribusiness development, according the fields in the fall. confirmation of a quorum, staff to Mr. Thomas, who said there would opened the meeting by conducting be eight of the forums throughout the Mr. Thomas had a map showing elections for Senate and House co- state. He encouraged legislators to food bank regions distributed to the chairs. A motion was made by Senator attend. committee. Pendleton that Senator Paul Hornback Mr. Neaveill reported on the Regarding the project denials, the serve as the Senate co-chair, replacing County Agricultural Improvement, GOAP officials describe the various Senator Carroll Gibson, who chose to Deceased Farm Animal Disposal ways that projects do not receive step down as co-chair. The motion was Assistance, and Share-use Equipment positive funding recommendations. seconded. A motion then was made programs funded by various counties. Agricultural Finance Corporation and seconded that nominations cease Some committee members, Report for the position of Senate co-chair and including Representatives Adams The committee heard an that Senator Hornback be elected by and McKee, inquired about the future update on the Kentucky Agricultural acclamation. The motion passed. of funding for the dead farm animal Finance Corporation (KAFC), which Representative McKee moved program. Mr. Thomas pointed out the uses Agricultural Development Fund that Representative Wilson Stone be re- ADB would like to see a permanent moneys in a variety of loan programs. elected as House co-chair. The motion solution to the issue, which arose Mr. McCloskey reported on was seconded. A motion was then several months ago as a result of tighter the background of the KAFC and made and seconded that nominations federal restrictions regarding the end discussed how each program works. cease for the position of House co- use of livestock carcasses. He said the Benefits of KAFC loans, according chair and that Representative Stone be Kentucky Farm Bureau is looking at to Mr. McCloskey, are below elected by acclamation. The motion the problem as well. Co-chair Stone market financing, the use of existing passed. observed that the public as a whole is community lenders, a simple and Minutes and Announcements concerned about the issue. streamlined application process, With Representative Stone Mr. Neaveill summarized the flexible payment terms, and a quick presiding, the February 2, 2011 state and regional projects that were loan turnaround. minutes were approved by voice vote approved for funding during the recent To date, some 354 loans and without objection, on a motion by ADB meetings. They included the totaling almost $38 million have Senator Pendleton that was seconded Kentucky Association of Food Banks, been approved through the KAFC, by Representative Nesler. which was approved for $163,000 according to the report. A total of 67 At the co-chairs request, the in state funds to buy produce from lenders have participated with the committee had moment of silence Kentucky producers and distribute the KAFC. Representative Dewayne Bunch, commodities to seven food banks in the Mr. McCloskey reviewed for recently hurt in a school-related state, and the Kentucky Agricultural the committee the KAFC programs, incident. Representative Comer Council, which received $125,000 in which include the Beginning Farm announced the birth of his third child, state funds to continue its agricultural Loan Program, the Agricultural Aniston Lucille. Also, the committee promotion work. The board denied Infrastructure Loan Program, the formally recognized that the meeting funding for two projects, the Central Large/Food animal Veterinary Loan marked the first for Senator Hornback, Cumberland Young Farmers, which Program, the Diversification through who replaced Senator Damon Thayer sought the funds to conduct farm Entrepreneurship in Agriculture Loan on the committee. tractor restoration classes, and the Program, the Agricultural Processing Senator Gibson mentioned his Jeffersontown Farmers Market, which Loan Program, and the Coordinated tenure as co-chair and complimented applied for funds to buy a water station Value-added Assistance Loan Mr. Roger Thomas, Executive for the market. Program. Director of the Governor’s Office In reviewing the Kentucky Mr. McCloskey discussed each Agricultural Policy, and his staff for a Association of Food Banks project, program and illustrated his remarks positive working relationship. He also Mr. Neaveill mentioned the 2009 with personal stories about how loan predicted that Senator Hornback will legislation that created a program to recipients are using the funds. perform well as a co-chair. acquire lesser quality farm produce For example, Mr. Thomas Governor’s Office of and distribute the commodities through noted that a $3 million loan to Agricultural Policy local food banks. the Siemer Milling Co. facility in Chairman Stone called on Mr. Responding to questions Hopkinsville under the Agricultural Thomas, and Mr. Joel Neaveill, GOAP from Senator Parrett, Mr. Neaveill Processing Loan Program has far- Chief of Staff, and Bill McCloskey, indicated that there are five produce reaching implications because of the GOAP Director of Financial Services, auction markets in Kentucky where amount of grain the company uses to give their monthly report to the the commodities are purchased. He from area producers. Co-chair Stone committee. said commodity buyers will track indicated the arrangement is a good Before reporting on projects acted and verify that Kentucky farmers are example of how funds benefit local on by the Agriculture Development supplying the foodstuffs. As discussion economies. Board during its February and March continued, the witnesses reported that As the meeting ended, Mr. meetings, Mr. Thomas announced a almost $137,000 of the grant would Thomas responded to Co-chair Stone series of forums to gain input in the be used to purchase produce. The that Kentucky’s payment from tobacco future use of the Kentucky Agricultural other portion would be used to cover companies participating in the Master Development Fund (KADF) to transportation costs. Settlement Agreement should be continue strengthening Kentucky’s Representative Nesler asked about received on time (generally by mid- to agricultural economy. the locations of the food banks and late-April) and the payment probably The idea for the forums would be wondered aloud if the commodities will be slightly less than the 2010 to consider ways that the Agricultural would reach food banks in all regions payment. Development Fund can be used of the state. Citing an example of a Documents distributed during to entice proposals that create or farmer who may have commodities the committee meeting are available expand markets for farmers, build that could be used in the program, with meeting materials in the LRC on core agricultural assets in the Representative Nesler told about a Library. The meeting adjourned at various regions of the state or foster sweet potato grower in his area who approximately 11:45 a.m.

THE KENTUCKY GENERAL ASSEMBLY 11 LRC Publications Informational Bulletins Research Reports

235 General Assembly Action 2011 Regular Session 381 Certification and Escrow Requirements Associated With the 234 Final Reports of the Interim, Joint, Special, and Statutory Tobacco Master Settlement Agreement Committees 2010 371 Leadership Training for Superintendents, School Board Members, 233 Issues Confronting the 2011 Kentucky General Assembly Principals, and School-based Decision Making Council Members 232 General Assembly Action 2010 Regular Session 370 Compendium of State Education Rankings (2009) 231 Final Committee Reports of the Interim, Joint, Special, and 368 Kentucky District Data Profiles (2009) Statutory Committees 367 Program Review and Investigations A Review of the Kentucky 230 Issues Confronting the 2010 Kentucky General Assembly Agency for Substance Abuse Policy and the Office of Drug Control 229 General Assembly Action 2009 Regular Session Policy 228 Final Reports of the Interim Joint, Special, and Statutory 366 Program Review and Investigations Education Professional Committees 2008 Standards Board (2009) 227 Issues Confronting the 2009 General Assembly: An update of 365 Program Review and Investigations Housing Foreclosures in Informational Bulletin No. 224 (2008) Kentucky (2009) 226 General Assembly Action, Regular Session 2008 364 Subcommittee on the Penal Code and Controlled Substances 225 Final Reports of the Interim Joint, Special and Statutory Act Report of the Subcommittee on the Penal Code and Controlled Committees (2007) Substances Act (2009) 224 Issues Confronting the 2008 General Assembly 363 Office of Education Accountability Review of Education Technol- ogy Initiatives (2009) 362 Office of Education Accountability Compendium of State Educa- tion Rankings (2008) 361 Office of Education Accountability Fees, Dues, and Supplies in Kentucky Schools (2009) 360 Office of Education Accountability Kentucky District Data Profiles School Year 2007-2008 359 Program Review and Investigations Costs of Providing Services to Unauthorized Aliens Can Be Estimated for Some Programs, but Overall Costs and Benefits Are Unknown (2009) 358 Office of Education Accountability Review of Special Education in Kentucky

12 2011 Interim LEGISLATIVE RECORD THE KENTUCKY GENERAL ASSEMBLY 13 14 2011 Interim LEGISLATIVE RECORD THE KENTUCKY GENERAL ASSEMBLY 1 David L. Williams Greg Stumbo The Kentucky Legislative Research Commis- SENATE PRESIDENT HOUSE SPEAKER sion is a 16-member committee of the major- Katie Kratz Stine Larry Clark ity and minority leadership of the Kentucky PRESIDENT PRO TEM SPEAKER PRO TEM Senate and House of Representatives. Under Robert Stivers Rocky Adkins Chapter 7 of the Kentucky Revised Statutes, Majority FLOOR LEADER MAJORITY FLOOR LEADER the LRC constitutes the administrative office for the General Assembly. Its director serves as R.J. Palmer Jeff Hoover chief administrative officer of the Legislature MINORITY FLOOR LEADER MINORITY FLOOR LEADER when it isn’t in session. Dan Seum Robert Damron MAJORITY CAUCUS CHAIRMAN MAJORITY CAUCUS CHAIRMAN The Commission and its staff, by law and by practice, perform numerous fact-finding Johnny Ray Turner Bob DeWeese and service functions for members of the MINORITY CAUCUS CHAIRMAN MINORITY CAUCUS CHAIRMAN Legislature, employing professional, clerical Carroll Gibson Tommy Thompson and other employees required when the MAJORITY WHIP MAJORITY WHIP General Assembly is in session and during Jerry Rhoads Danny Ford the interim period between sessions. These MINORITY WHIP MINORITY WHIP employees, in turn, assist committees and individual legislators in preparing legislation. 2011 Interim Other services include conducting studies Bobby Sherman, Director and investigations, organizing and staffing LEGISLATIVE Legislative committee meetings and public hearings, Research Commission maintaining official legislative records and RECORD other reference materials, providing infor- Robert Jenkins mation about the Legislature to the public, Published monthly by the Deputy Director for Committee compiling and publishing administrative Legislative Research Commission, and Staff Coordination regulations, administering a legislative intern the Interim RECORD is designed program, conducting orientation programs to inform the citizens of Kentucky Rob Weber for new legislators, and publishing a daily of the between-sessions work of the Public Information Officer index and summary of legislative actions General Assembly. during sessions. Paper subscriptions are free upon Joe Cox Publications and Printing Officer The LRC is also responsible for statute revi- request. Contact LRC’s Public sion, publishing and distributing the Acts Information Office, Capitol Annex, Rebecca Mullins Hanchett and Journals following sessions, and for Frankfort, KY 40601, 502-564- Editor, Typography and Design maintaining furnishings, equipment and 8100, ext. 307 to subscribe. supplies for the Legislature. It also functions Mike Sunseri The Interim RECORD can also Chief Photographer as Kentucky’s Commission on Interstate be read on-line at www.lrc.ky.gov/ Cooperation in carrying out the program legislation.htm. If you have a paper Karen Bourne of the Council of State Governments as it subscription and would like to end Jeff Fossett relates to Kentucky. Steve Gatewood your subscription and read the Bruce Phillips Interim RECORD on-line only, Bud Kraft please call 502-564-8100, ext. 307 or Keith Krey send a request by e-mail to bruce. Jeanie Mitchell [email protected]. Scott Payton Chuck Truesdell Public Information Staff Stories may be reprinted without permission, although credit is appreciated.

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