2019

July

PUBLISHED BY LEGISLATIVE RESEARCH COMMISSION Volume 32, No. 4 LEGISLATURE.KY.GOV/LEGISLATION/PAGES/DEFAULT.ASPX

Anti-doxing proposal gets another look

by Rebecca Hanchett LRC Public Information

FRANKFORT—The father of a Coving- ton Catholic High School student who was identified and threatened online after an tense encounter with protesters in Washington D.C. early this year is encouraging state lawmakers to take another look at legislation that would criminalize such threats. Ted Sandmann asked members of the Interim Joint Committee on Judiciary on July 12 to support a proposal by Sen. Wil Schroder, R-Wilder, that would prohibit anyone from using the Internet to release personal identi- fying information of a minor with intent to intimidate, abuse, threaten, harass or frighten the child – a practice known as “doxing.” “I believe legislation to criminalize the worst tendencies of the mob is vital to restoring Sen. Phillip Wheeler, R-Pikeville, comments on the dissemination of personally identifying information about minors through a process known as a “doxing” at the July 12 meeting of the Interim Joint Committee on Judiciary. public discourse,” Sandmann said. Sandmann’s son, Nicholas Sandmann, was the subject of repeated online harassment and father said he had purchased that day. Phillips proposal, contained in Senate Bill 240, passed threats after an online video surfaced of the was beating a drum. The two stood face to face the Senate 26-10 but stalled in the House near teen standing face-to-face with a Native Amer- for several minutes, Sandmann said. session’s end. That proposal would have made ican man named Nathan Phillips at the steps of Numerous subsequent online attacks doxing of minors a misdemeanor, although the Lincoln Memorial on Jan. 18. The encoun- against Nicholas following release of the video increased penalties would be allowed in cases ter occurred as Phillips, who had reportedly have led to the filing of defamation lawsuits involving physical injury, death, or financial participated in the Indigenous Peoples March against The Washington Post and other media loss. that day, walked among Nicholas and his companies by the family, Sandmann told the “This is the interim process, so we are Covington Catholic classmates while the teens committee. Schroder’s proposal, he said, will certainly open to suggestions, changes, open to gathered at the Memorial to catch their buses “create legislation to protect minors from these hearing concerns, and hopefully talking those after attending the annual March for Life rally. types of attacks.” out,” Schroder told the committee. In the online video, Nicholas was wearing Schroder attempted to pass the anti-doxing a “Make America Great Again” cap that his proposal during the 2019 Regular Session. The Continued on page 3

THE KENTUCKY GENERAL ASSEMBLY 1 Lawmakers hear updates on Horse Park and Performing Arts Center by Rob Weber LRC Public Information

FRANKFORT -- Kentucky lawmakers re- ceived a July 11 update on two attractions – the Kentucky Horse Park and the Kentucky Center for the Performing Arts – known for entertain- ing Kentuckians, drawing visitors and boosting the state’s economy. Laura Prewitt, executive director of the Kentucky Horse Park in Lexington, told members of the Tourism, Small Business, and Information Technology Committee that activ- ity at the park has an economic impact of more than $131 million on the state each year. Most of that results from events, visiting tourists, campground guests. Although the couple hundred events held at the park each year include non-horse activ- ities like car shows, the equine events are the biggest economic driver, she said. “With every one horse coming on site to the horse park, an average of three people are Rep. Tommy Turner, R-Somerset, coming with the horse (such as) a trainer, an above, co-chairs the July 11 meeting of owner, a competitor or a groom,” she said.“The the Interim Joint Committee on Tourism, folks that are coming in with those horses Small Business, and Information are staying in Central Kentucky. … They are Technology. Bottom right: Rep. David staying at our hotels and they are eating in our Hale, R-Wellington, asks a question restaurants and they are buying local services and goods. So we do think that continuing during the July 11 meeting of the to build our base and horse shows and non- committee. equine events is very important.” A major new event arriving at the park in September, 2020 is Equitana U.S.A., a three-day equestrian event that will feature a trade fair with equestrian-related products and services along with special performances. The first Equitana U.S.A. event at the Ken- 2,000-person standing room venue, Baker said. groups in a non-traditional venue.” tucky Horse Park is expected to draw 30,000 “It’s an interesting project the way we’ve put Baker also offered an update on fire damage people and will likely grow beyond that in it together,” she said. “It’s part of a larger $32 caused by an accident associated with roof re- future years, Prewitt said. million development project that is receiving pairs at the Kentucky Center for the Performing Lawmakers also heard about new events tourism tax incentives. The Paristown Preserva- Arts last year. coming to the state when Kim Baker, Presi- tion Trust is the developer. The Kentucky Cen- Although there was considerable smoke and dent and CEO of the Kentucky Center for the ter Corp. is really responsible (as) the anchor water damage, the center only had to cancel one Performing Arts, gave a presentation on the tenant operating the facility, the theater, which show, Baker said. center’s economic impact and current projects. is a $12 million venue.” “I think we are going to be complete and “Through our outreach and our shows we The hall is expected to draw national, re- reopened without scaffolding in our lobbies in have considerable impact,” she said. “We have gional, and local audiences, Baker said. November,” she said. “When it does happen, over 1,500 events per year and typically seat “This venue is slated to attract national we are leaving it better than we found it. We’ve over half a million people per year.” musical artists that are currently bypassing the taken the opportunity to make some major ren- The center, in Louisville, will soon have region and going to other states around us,” she ovations to the space and we are updating many an even larger impact with the July 23 grand said. “It will be a space to capture that talent, but things and we’ll have that new roof we’ve needed opening of “Old Forester’s Paristown Hall,” a also to really support our local and regional arts for so long.”

2 2019 Interim LEGISLATIVE RECORD Doxing, from page 1

Schroder said the purpose of the bill is for serious threats. He said three basic elements would have to be evident for prosecution under the proposal: the release of personal identifying informa- tion, intent to cause some degree of harm, and “reasonable fear” of injury. “Those are the kind of things we’re getting at and again, there has to be a reasonable – if you are putting yourself in their shoes – there has to be that element that it’s a realistic, reasonable fear,” said Schroder. House Minority Whip Rep. Joni L. Jenkins, D-Shively, who asked if the proposal would apply to bullying among students, said the intent of the legislation needs to be clarified. “I’m not against this at all, but I think we need to be very careful that we don’t open up some- thing that we don’t want to open up. But I do support the idea of this legislation,” she said. Sen. Phillip Wheeler, R-Pikeville, expressed support for the proposal. Wheeler said he is sym- pathetic to what Nicholas Sandmann has experienced since the January incident. “Although freedom of expression and the freedom of the press are something we hold dear, there also needs to be some responsibility,” said Wheeler. “I think this bill seems to do that type of thing. I think it is well-drafted and honed for its purpose.” Wheeler added that he would like to see similar protections for adults. “I think at some point expanding it is appropriate, because this happens to adults just as it happens to juveniles,” said Interim Joint Committee on Judiciary Co-Chair Sen. Whitney Wester- Rep. Chris Harris, D-Forest Hills, asks a question during the field, R-Hopkinsville. discussion on doxing at the July 12 Interim Joint Committee “This won’t be last time we discuss this bill,” Westerfield said. on Judiciary meeting. Beef industry priorities shared with state lawmakers

by Rebecca Hanchett Rep. , R-Hodgenville, asked LRC Public Information Many farmers send their cattle Maples what the Kentucky General Assembly can do to help Kentucky cattle farmers remove FRANKFORT—Kentucky, by most ac- over 1,000 miles for transportation barriers to markets. Maples said counts, is the king of beef cow production east finishing and processing, Kentucky’s interstate roadways and railroads are of the Mississippi River. working well, but that lawmakers might want The Commonwealth has around a mil- Kentucky Cattlemen’s Association to look at creating “farm-to-market roads” to lion head of beef cows, making it the largest officials told lawmakers. beef up access between rural areas and market beef cow producer in the eastern U.S. and the locations. eighth-largest beef cow producer in the coun- Representatives from the Kentucky Beef Network, or KBN _ a division of the Kentucky try, according to Kentucky Cattlemen’s Asso- _ ciation Executive Vice President Dave Maples. barns have been successful. Cattlemen’s Association also spoke about their What it doesn’t have, he says, are large feedlots Transporting cattle thousands of miles out programs, many which have benefited from necessary to fatten, or finish, beef cattle for of state for finishing and processing also affects the state’s share of millions of dollars in funds market. consumers – many of whom are now interested received from a master tobacco settlement with That requires many farmers in Kentucky in tracing the origin of their food, said Maples. large tobacco companies in the late 1990s. The and the region to send their cattle over 1,000 “So what can we do? We’ve mapped out purpose of the Tobacco Settlement Agreement miles to Kansas or other states for finishing where the packing plants are. You look in our Fund Oversight Committee is to oversee those and processing, Maples told the state legislative area; we don’t have processing,” he said. One funds. Tobacco Settlement Agreement Fund Oversight solution may be to build a regional beef pro- KBN Chairman Cary King told the com- Committee on July 3. cessing plant, Maples told the committee. So far, mittee that he is excited for Kentucky beef cattle Maples called the situation “a barrier to he said, Tennessee and Ohio have both shown producers as the demand for Kentucky beef by Kentucky producers.” interest in the idea. major retailers, specifically Kroger, is growing “Why can’t we do it here? I have been The association’s governing board has here at home. told we cannot do it in Kentucky,” he said. Too approved a long-range plan that sets out what “I think we’re at the point now with the much mud and a lack of grain are at least two Maples said are four core strategies to improve grain that we have, we’ve got the byproduct reasons Maples said he’s been given as to why opportunities for Kentucky’s beef industry. from the bourbon industry, that we can build feedlots and processing won’t work in the state, “So we’re in a place where we can be a lead- some of these barns (here) and finish cattle although he said large poultry houses and hog er,” he said. inside,” said King. THE KENTUCKY GENERAL ASSEMBLY 3 2019 General Senate Assembly

Julie Raque Adams (36) Jimmy Higdon (14) Dan “Malano” Seum (38) 213 S Lyndon Lane 344 N Spalding 1107 Holly Ave Louisville, KY 40222 Lebanon, KY 40033 Fairdale, KY 40118 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 270-692-6945 (Home) 502-749-2859 Ralph Alvarado (28) Paul Hornback (20) Brandon Smith (30) 3250 McClure Road 6102 Cropper Rd 124 Craig Street Winchester, KY 40391 Shelbyville, KY 40065 Hazard, KY 41702 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 Tom Buford (22) Stan Humphries (1) (Home) 606-436-4526 409 W Maple St 763 Sinking Fork Rd (Home FAX) 606-436-4526 Nicholasville, KY 40356 Cadiz, KY 42211 Robert Stivers II (25) (LRC) 502-564-8100 (LRC) 502-564-8100 207 Main St (LRC FAX) 502-564-2466 (Home) 270-522-0195 Manchester, KY 40962 (Home) 859-885-0606 Alice Forgy Kerr (12) (LRC) 502-564-8100 (Home FAX) 859-885-0606 3274 Gondola Dr (Home) 606-598-8575 Jared Carpenter (34) Lexington, KY 40513 (Work) 606-598-2322 PO Box 100 (LRC) 502-564-8100 (Work FAX) 606-598-2357 Berea, KY 40403 (Home) 859-223-3274 Damon Thayer (17) (LRC) 502-564-8100 Christian McDaniel (23) 702 Capital Ave. Danny Carroll (2) PO Box 15231 Annex Room 242 220 Cimarron Way Latonia, KY 41015 Frankfort, KY 40601 Paducah, KY 42001 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 Morgan McGarvey (19) (Home) 270-703-8025 2250 Winston Ave Reginald Thomas (13) Julian M. Carroll (7) Louisville, KY 40205 702 Capital Ave. 702 Capital Ave (LRC) 502-564-8100 Annex Room 255 Annex Room 255 (Home) 502-589-2780 Frankfort, KY 40601 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 Stephen Meredith (5) (LRC FAX) 502-564-0777 1424 Byrtle Grove Rd Johnny Ray Turner (29) Matt Castlen (8) Leitchfield, KY 42754 849 Crestwood Dr 702 Capital Ave (LRC) 502-564-8100 Prestonsburg, KY 41653 Annex Room 255 (LRC) 502-564-8100 Frankfort, KY 40601 Robby Mills (4) (Home) 606-889-6568 (LRC) 502-564-8100 702 Capital Avenue Robin L. Webb (18) Annex Room 255 102 S Hord St Perry B. Clark (37) Frankfort, KY 40601 Grayson, KY 41143 5716 New Cut Rd (LRC/Home) 502-564-8100 (LRC) 502-564-8100 Louisville, KY 40214 (Home) 606-474-5380 (LRC) 502-564-8100 Gerald A. Neal (33) Stephen West (27) 462 S 4th St 202 Vimont Ln C.B. Embry Jr. (6) Meidinger Twr, Ste. 1250 Paris, KY 40361 PO Box 1215 Louisville, KY 40202 (LRC) 502-564-8100 Morgantown, KY 42261 (LRC) 502-564-8100 Whitney Westerfield (3) (LRC) 502-564-8100 (Home) 502-776-1222 700 South Main Street (Home) 270-526-6237 (Work) 502-584-8500 PO Box 1107 (Work FAX) 502-584-1119 Hopkinsville, KY 42241 Rick Girdler (15) Dennis Parrett (10) (LRC) 502-564-8100 702 Capital Ave 731 Thomas Rd (Work) 270-885-7671 Annex Room 209 Elizabethtown, KY 42701 Frankfort, KY 40601 (LRC) 502-564-8100 Phillip Wheeler (31) (LRC) 502-564-8100 (Home) 270-765-4565 702 Capital Ave. David P. Givens (9) Albert Robinson (21) Annex Room 255 PO Box 12 1249 S Main St Frankfort, KY 40601 Greensburg, KY 42743 London, KY 40741 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 Denise Harper Angel (35) John Schickel (11) Mike Wilson (32) 2521 Ransdell Ave PO Box 991 702 Capital Ave. Louisville, KY 40204 Union, KY 41091 Annex Room 242 (LRC) 502-564-8100 (LRC) 502-564-8100 Frankfort, KY 40601 (Home) 502-452-9130 Wil Schroder (24) (LRC) 502-564-8100 Ernie Harris (26) 702 Capital Ave Max Wise (16) PO Box 1073 Annex Room 209 702 Capital Ave. Crestwood, KY 40014 Frankfort, KY 40601 Annex Room 229 (LRC) 502-564-8100 (LRC) 502-564-8100 Frankfort, KY 40601 (Home) 502-241-8307 (LRC) 502-564-8100 * Members of the Kentucky General Assembly may also be contacted by calling 502-564-8100.

4 2019 Interim LEGISLATIVE RECORD 2019 Kentucky General Assembly House

Rocky Adkins (99) (30) (46) PO Box 688 4012 Lambert Ave 8406 Cloverport Dr Sandy Hook, KY 41171 Louisville, KY 40218 Louisville, KY 40228 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 606-738-4242 (Home) 502-454-4002 (Work) 606-928-0407 McKenzie Cantrell (38) Jim Glenn (13) (Work FAX) 606-929-5913 702 Capital Avenue 702 Capital Ave. (4) Annex Room 424A Annex Room 462A 2359 Brown Mines Rd Frankfort, KY 40601 Frankfort, KY 40601 Marion, KY 42064 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 John Bam Carney (51) (Home) 270-686-8760 (Home) 270-988-4171 PO Box 4064 Campbellsville, KY 42719 (LRC) 502-564-8100 (89) 2163 E Highway 30 Danny Bentley (98) (Home) 270-403-7980 East Bernstadt, KY 40729 702 Capital Avenue (LRC) 502-564-8100 Annex Room 367C (37) (LRC FAX) 502-564-5640 Frankfort KY 40601 PO Box 509 (Home) 606-305-1321 (LRC) 502-564-8100 Fairdale, KY 40118 Jr. (12) (LRC) 502-564-8100 714 N Broadway B2 John Blanton (92) (Work) 502-439-6175 Providence, KY 42450 702 Capital Avenue (9) (LRC) 502-564-8100 Annex Room 329H 491 E Nashville St (Home) 270-667-7327 Frankfort, KY 40601 Pembroke, KY 42266 (Work FAX) 270-667-5111 (LRC) 502-564-8100 (LRC) 502-564-8100 Derrick Graham (57) (Home) 270-475-9503 157 Bellemeade Dr (32) Jim DuPlessis (25) Frankfort, KY 40601 702 Capital Ave. 702 Capital Ave (LRC) 502-564-8100 Annex Room 451E Annex Room 376 (Home) 502-223-1769 Frankfort, KY 40601 Frankfort, KY 40601 Joe Graviss (56) (LRC) 502-564-8100 (LRC) 502-564-8100 702 Capital Ave. Charles Booker (43) Larry Elkins (5) Annex Room 429J 702 Capital Ave. 702 Capital Ave. Frankfort, KY 40601 Annex Room 424C Annex Room 405D (LRC) 502-564-8100 Frankfort, KY 40601 Frankfort, KY 40601 (Work) 859-433-4392 (LRC) 502-564-8100 (LRC) 502-564-8100 David Hale (74) 11 Hales Ln Adam Bowling (87) Daniel Elliott (54) Wellington, KY 40387 PO Box 2928 PO Box 2082 (LRC) 502-564-8100 Middlesboro, KY 40965 Danville, KY 40423 (Home) 606-768-3474 (LRC) 502-564-8100 (LRC) 502-564-8100 Chris Harris (93) (Home) 859-332-4204 719 Forest Hills Rd Joseph M. Fischer (68) Forest Hills, KY 41527 Terri Branham Clark (100) 126 Dixie Place (LRC) 502-564-8100 702 Capital Ave. Ft Thomas, KY 41075 (Home) 606-237-0055 Annex Room 429B (LRC) 502-564-8100 Mark Hart (78) Frankfort, KY 40601 (Home) 859-781-6965 202 W 4th St (LRC) 502-564-8100 (Work) 513-794-6442 Falmouth, KY 41040 (Home) 606-232-0357 (75) (LRC) 502-564-8100 121 Arcadia Park (Home) 859-654-4278 Kevin D. Bratcher (29) Lexington, KY 40503 (94) 10215 Landwood Dr (LRC) 502-564-8100 20 Ohio St Louisville, KY 40291 (Home) 859-221-3107 Whitesburg, KY 41858 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-231-3311 Deanna Frazier (81) (2) 702 Capital Ave. 438 Millers Chapel Rd R. Travis Brenda (71) Annex Room 405C Mayfield, KY 42066 702 Capital Ave. Frankfort, KY 40601 (LRC) 502-564-8100 Annex Room 316E (LRC) 502-564-8100 (Home) 270-705-7539 Frankfort, KY 40601 (Work) 270-247-2210 (LRC) 502-564-8100 (6) (Work FAX) 270-247-2304 702 Capital Ave. (3) Annex Room 413E Kathy Hinkle (96) 375 Stonegate Drive Frankfort, KY 40601 702 Capital Ave. Paducah, KY 42003 (LRC) 502-564-8100 Annex Room 424B (LRC) 502-564-8100 Frankfort, KY 40601 (Home) 270-331-0648 (84) (LRC) 502-564-8100 (Home FAX) 270-443-4526 277 Right Branch Spencer (83) Chavies, KY 41727 PO Box 985 George Brown Jr. (77) (LRC) 502-564-8100 Jamestown, KY 42629 424 E Fourth Street (Home) 606-233-5660 (LRC) 502-564-8100 Lexington, KY 40508 (Home) 270-343-2264 (LRC) 502-564-8100 (Work) 270-343-5588 (Home) 859-312-7513

THE KENTUCKY GENERAL ASSEMBLY 5 2019 Kentucky General Assembly

Cluster Howard (91) C. Ed Massey (66) (76) 476 Kings Ridge 702 Capital Ave. 10 Deepwood Dr Jackson, KY 41339 Annex Room 352B Lexington, KY 40505 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 (Home) 606-568-7660 (LRC) 502-564-8100 (Home) 859-299-2597 (16) Regina Huff (82) Bobby McCool (97) PO Box 397 179 Mountain St 702 Capital Ave. Elkton, KY 42220 Williamsburg, KY 40769- Annex Room 413C (LRC) 502-564-8100 (LRC) 502-564-8100 Frankfort, KY 40601 (Home) 270-265-3163 (Home) 606-549-3439 (LRC) 502-564-8100 (Home FAX) 270-265-3164 (62) Thomas Huff (49) Chad McCoy (50) 702 Capital Ave PO Box 1331 702 Capital Avenue Annex Room 351 Shepherdsville, KY 41065 Annex Room 370 Frankfort, KY 40601 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 Joni L. Jenkins (44) (80) Melinda Gibbons Prunty (15) 2010 O’Brien Ct PO Box 121 PO Box 411 Shively, KY 40216 Stanford, KY 40484 Greenville, KY 42345 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-447-4324 (42) Dennis Keene (67) PO Box 757 (47) PO Box 273 1040 Johns Hill Rd Louisville, KY 40201 Bedford, KY 40006 Wilder, KY 41076 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Work) 502-741-7464 (Home) 502-255-3392 (Home) 859-441-5894 Michael Meredith (19) (Work) 502-255-3286 (55) PO Box 292 (Work FAX) 502-255-9911 250 Bright Leaf Dr Brownsville, KY 42210 Harrodsburg, KY 40330 (LRC) 502-564-8100 (31) (LRC) 502-564-8100 (Work) 270-597-6049 702 Capital Ave. (Home) 859-734-2173 Russ A. Meyer (39) Annex Room 451B Matthew Koch (72) 106 Lone Oak Drive Frankfort, KY 40601 702 Capital Ave. Nicholasville, KY 40356 (LRC) 502-564-8100 Annex Room 329E (LRC) 502-564-8100 Frankfort, KY 40601 Suzanne Miles (7) Brandon Reed (24) (LRC) 502-564-8100 PO Box 21592 113 N Walters Ave (69) Owensboro, KY 42304 P.O. Box 8 170 Herrington Ct #12 (LRC) 502-564-8100 Hodgenville, KY 42748 Erlanger, KY 41018 (LRC) 502-564-8100 (LRC) 502-564-8100 Charles Miller (28) (Work) 270-358-0868 (Home) 859-653-5312 3608 Gateview Cir (23) Louisville, KY 40272 189 Blue Sky Dr (40) (LRC) 502-564-8100 Glasgow, KY 42141 702 Capital Ave. (Home) 502-937-7788 (LRC) 502-564-8100 Annex Room 429E (Home) 270-646-6821 Frankfort, KY 40601 Jerry T. Miller (36) Rob Rothenburger (58) (LRC) 502-564-8100 PO Box 36 811 Stapleton Rd Eastwood, KY 40018 Shelbyville, KY 40065 (45) (LRC) 502-564-8100 (LRC) 502-564-8100 PO Box 2090 (Home) 502-633-5832 Lexington, KY 40588 (20) (LRC) 502-564-8100 702 Capital Ave. (21) (Home) 859-252-2202 Annex Room 429A PO Box 336 (Home FAX) 859-259-2927 Frankfort, KY 40601 Tompkinsville, KY 42167 Derek Lewis (90) (LRC) 502-564-8100 (LRC) 502-564-8100 702 Capital Ave. Annex Room 413D Tim Moore (18) (1) Frankfort, KY 40601 417 Bates Rd 350 Peppers Mill Drive (LRC) 502-564-8100 Elizabethtown, KY 42701 Paducah, KY 42001 (Home) 606-594-0061 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home FAX) 606-672-5526 (Home) 270-769-5878 (Work) 270-462-3156

Scott Lewis (14) (64) (60) PO Box 454 PO Box 143 12094 Jockey Club Dr Hartford, KY 42347 Independence, KY 41051 Union, KY 41091 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 859-371-8840 (61) (33) (Home FAX) 859-371-4060 702 Capital Ave. 702 Capital Avenue Dean Schamore (10) Annex Room 413G Annex Room 416C 120 Ball Park Rd Frankfort, KY 40601 Frankfort, KY 40601 Hardinsburg, KY 40143 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (34) 2007 Tyler Ln (59) (41) Louisville, KY 40205 PO Box 8 702 Capital Ave (LRC) 502-564-8100 Prospect, KY 40059 Annex Room 432C (Home) 502-451-5032 (LRC) 502-564-8100 Frankfort, KY 40601 (Work) 502-645-2186 (LRC) 502-564-8100

6 2019 Interim LEGISLATIVE RECORD

2019 Kentucky LRC General Assembly Publications

Steve Sheldon (17) Tommy Turner (85) 2019 Price List 702 Capital Ave 175 Clifty Grove Church Annex Room 351B Somerset, KY 42501 Daily Record Pick up: $82.50 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 606-274-5175 Daily Record Mailed: $82.50 (plus Ken Upchurch (52) John Sims Jr (70) PO Box 969 postage) 3177 Maysville Rd Monticello, KY 42633 Flemingsburg, KY 41041 (LRC) 502-564-8100 Friday Record Mailed: $30.25 (plus (LRC) 502-564-8100 (Home) 606-340-8490 (Home) 606-748-1839 postage) (26) PO Box 6605 Individual Record Pick up: $2.75 (48) Shepherdsville, KY 40165 702 Capital Ave (LRC) 502-564-8100 Individual Record Mailed: $2.75 (plus Annex Room 432A (Home) 502-543-8209 Frankfort, KY 40601 (LRC) 502-564-8100 postage) (79) PO Box 22778 Diane St. Onge (63) Lexington, KY 40522 523 Kluemper Court (LRC) 502-564-8100 Bills Fort Wright KY 41011 (Work) 859-266-7581 (LRC) 502-564-8100 Complete Set of Bills and Resolutions (Home) 859-341-1231 Buddy Wheatley (65) 702 Capital Avenue (Pick up): $425 Cherlynn Stevenson (88) Annex Room 462A 702 Capital Ave Frankfort, KY 40601 Individual Bills Per Page: $.05 Annex Room 424G (LRC) 502-564-8100 Frankfort, KY 40601 (11) Amendments Per Page: $.05 (LRC) 502-564-8100 702 Capital Avenue III (86) Annex Room 451A Roll Call Votes: $.15 Per Page 545 KY 223 Frankfort, KY 40601 Flat Lick, KY 40935 (LRC) 502-564-8100 (LRC) 502-564-8100 (Work) 270-831-1087 Publications (Home) 606-542-5210 (35) (22) 702 Capital Avenue 1-10 copies: Free to general public; 1481 Jefferson School Road Annex Room 424D Scottsville, KY 42164 Frankfort, KY 40601 larger numbers of free copies are (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 270-622-5054 (Home) 502-599-7289 available to schools and state agencies Les Yates (73) Ashley Tackett Laferty (95) 702 Capital Avenue (Copies over preapproved limits require 702 Capital Ave Annex Room 351C Annex Room 432F Frankfort, KY 40601 agency approval) Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (27) 702 Capital Ave Administrative Regulations (2018) Annex Room 351D * Members of the Kentucky General Assembly may also be Frankfort, KY 40601 contacted by calling 502-564-8100. Bound Volumes: $235.25 (LRC) 502-564-8100 Administrative Register: $120.00 Walker Thomas (8) 2620 Cox Mill Road Volumes and Register: $355.25 Hopkinsville, KY 42240 (LRC) 502-564-8100 (Home) 270-889-8091 (Home FAX) 270-885-5335 Acts of the General Assembly (2018) James Tipton (53) 8151 Little Mount Rd Regular Sessions: $80.00 (2 Volumes) Taylorsville, KY 40071 (LRC) 502-564-8100 Special Sessions: Priced after printing

Journals House and Senate Complete Set, House Set, Senate Set: Priced after printing

(All prices subject to 6% Kentucky sales tax, and subject to change)

THE KENTUCKY GENERAL ASSEMBLY 7 Committee Meetings

INTERIM JOINT COMMITTEE The Kentucky Coal Association (KCA) used ON NATURAL RESOURCES AND coal education funds, which are allotted from ENERGY part of the revenue from the unmined minerals Minutes of the 1st Meeting tax, to partner with the Junior Achievement Index of the 2019 Interim Biztown located in Lexington. Biztown is an June 4, 2019 interactive mock city designed to teach fifth- Call to Order and Roll Call grade students about financial literacy and The 1st meeting of the Interim Joint expose the students to different career fields. Committee on Natural Resources and Energy KCA provided an interactive model for students to learn how electricity is produced from coal to A was held on Tuesday, June 4, 2019, at 3:00 PM, in Appropriations and Revenue, 17, 18 Room 154 of the Capitol Annex. Representative power their houses. Area Development District Working Group, 31 Jim Gooch Jr., Chair, called the meeting to order, The KCA proposed reestablishing a and the secretary called the roll. behavior-based mine safety program in response C Present were: to the mine safety and modernization changes Capital Planning Advisory Board, 36 accomplished by 2017 HB 384. Capital Projects and Bond Oversight, 33 Members: Senator Brandon Smith, Co- Child Welfare Oversight and Advisory Commit- Chair; Representative Jim Gooch Jr., Co-Chair; Kentucky’s Coal Outlook tee, 19 Senators Matt Castlen, C.B. Embry Jr., Robby Secretary Charles Snavely stated that the Mills, Reginald Thomas, Robin L. Webb, and injury rate in Kentucky for surface mining is E Phillip Wheeler; Representatives John Blanton, slightly higher than the national rate, and the Education, 11 injury rate for underground mining is the same Education Assessment and Accountability Review Adam Bowling, Jim DuPlessis, Daniel Elliott, Subcommittee, 29 Chris Fugate, Angie Hatton, Cluster Howard, as the national rate. The Energy and Environment Derek Lewis, Suzanne Miles, Melinda Gibbons Cabinet (the cabinet) and the coal industry have G Prunty, Josie Raymond, Cherlynn Stevenson, jointly proposed new regulations to require more Government Contract Review Committee, 24 and Rob Wiederstein. reflective material on surface and underground coal miners and require flashing beacons for coal J Guests: Tyler White, President, Kentucky Judiciary, 14 Coal Association, and Charles Snavely, Secretary, miners on foot underground. Energy and Environment Cabinet. The Kentucky Reclamation Guaranty Fund K LRC Staff: Janine Coy-Geeslin, Silas (KRGF) provides assistance to the cabinet in Kentucky Career and Technical Education Task Montgomery, and Rachel Hartley. the event the reclamation bond is insufficient to Force, 29 Kentucky Coal – Productivity, Policy, and complete reclamation on a mine site. In 2015, L the Future of Coal KRGF had a balance of $35 million with $80 Local Government, 9 Tyler White stated that Kentucky is the million in liabilities. In 2019, KRGF has a balance fifth largest coal producer in the country. About of $49 million with $31 million in liabilities. N 20 percent of all operating U.S. coal mines are Kentucky is on a downward trajectory Natural Resources and Energy, 8 located in Kentucky, more than any state except for energy intensity, which measures energy P for Pennsylvania. In 2018, about 75 percent of consumption per real dollar of gross domestic Program Review and Investigations Committee, 21 Kentucky’s electricity generation was coal-fired. product (GDP). The Energy Information Coal remains an important part of Kentucky’s Administration estimates that the energy T energy portfolio, despite the decrease in coal intensity in the United States will continue to Tobacco Settlement Agreement Fund Oversight decrease. Kentucky is ranked seventh nationally Committee, 28 production within the Commonwealth. The majority of coal burned in Kentucky is for lowest cost of electricity. imported from other states. The Public Service Kentucky will have achieved the reductions Commission (PSC) proposed an amendment in carbon dioxide proposed in the Clean Power to 807 KAR 5:056 (Fuel Adjustment Clause) Plan under the Obama Administration before in response to HR 144 passed during the 2019 the effective date of the plan. The reductions are Regular Session. The amended regulation would a result of closures of coal-fired power plants due require the PSC, when evaluating reasonableness to age. of a utility’s fuel costs, to deduct from the fuel In response to a question from Senator costs the amount of coal severance tax assessed Wheeler, Secretary Snavely stated that new on the coal. The amended regulation would coal-fired power plants cannot be built without assist in creating competition between Kentucky carbon capture and storage technology as a and other coal producing states since the states result of section 111(b) of the Clean Air Act and that compete with Kentucky have lower or no the endangerment finding of carbon dioxide as coal severance taxes. a pollutant by the United States Environmental

8 2019 Interim LEGISLATIVE RECORD Protection Agency. the secretary called the roll. Mr. Sean Curry, Green County Property In response to a question from Present were: Valuation Administrator (PVA) and legislative Representative Miles, Mr. White stated Junior Members: Senator Wil Schroder, Co-Chair; vice president of the Kentucky PVA Association, Achievement Biztown targets fourth and fifth Representative Michael Meredith, Co-Chair; discussed his local office’s valuation processes, grade students. The KCA is pursuing a grant to Senators Robby Mills, Albert Robinson, Dan timelines, and challenges. The office assesses expand the program in Louisville to focus on “Malano” Seum, Damon Thayer, and Johnny property as of January 1 when field work is careers for ninth and tenth grade students. Ray Turner; Representatives Danny Bentley, begun. For the 2019 tax year, he was responsible In response to a question from Senator George Brown Jr, Jeffery Donohue, Larry Elkins, for assessing about 2,500 properties. The Green Webb, Secretary Snavely stated he is unable to Deanna Frazier, Joe Graviss, Cluster Howard, County PVA office is staffed by two full time comment on the recent mining fatality in Harlan Regina Huff, Kim King, Stan Lee, Russ A. Meyer, employees and one part time employee. The County since it is an active investigation. Brandon Reed, Rob Rothenburger, and John PVA conducts the field work alone. Weather has In response to a question from Representative Sims Jr. a significant impact on fieldwork as it can cause Gibbons Prunty, Mr. White stated there has Guests: Elbert Bennett, Caldwell County delays. By the first Monday in April, the offices been a positive impact on the industry due to Magistrate; Sean Curry, Green County Property sends its recapitulation to the Revenue Cabinet HB 384 passed in the 2017 Regular Session. The Valuation Administrator; Mack Bushart, which the cabinet will approve or require the behavior-based program is a way to aggregate Property Valuation Administrator’s Association; PVA to reassess the properties. When a property and share the data throughout the industry. Tommy Turner, LaRue County Judge/Executive; is reassessed, the property owners must be In response to a question from Don Blevins, Fayette County Clerk; Gabrielle notified and an opportunity to discuss the Representative Howard, Secretary Snavely stated Summe, Kenton County Clerk; Colonel Pat reassessment must be provided to the property several housing developments are being built on Morgan and Jerry Wagoner, Kentucky Sheriffs’ owner. If property owners still do not agree old surface mine sites. Association; Bert May, Kentucky League of with the assessment, they can file an appeal. The In response to a question from Cities; Eric Kennedy, Kentucky School Boards property tax calendar is tight and confusing, but Representative Gooch, Secretary Snavely stated Association; Melissa Klink, Department of it works well in Green County. incident rates in Kentucky are higher than the Revenue; Gregg Ladd, Department for Local Judge Tommy Turner, LaRue County Judge/ national average, because the mountainous Government; Shellie Hampton, Kentucky Executive and Legislative Committee Chairman terrain in eastern Kentucky is more difficult than Association of Counties; Bill May, Kentucky of the Kentucky County Judge/Executive other states, and other states have larger coal County Clerks’ Association; Vince Lang, Association, explained the Fiscal Court’s duties companies with more resources for mine safety. Kentucky County Judge/Executive Association; as it relates to the tax calendar. The county judge/ In response to a question from Tony Wilder, Kentucky Council of Area executive receives a copy of the recapitulation Representative DuPlessis, Secretary Snavely Development Districts; Judy Taylor, Lexington- from the PVA on the first Monday in April. stated tax incentives to burn Kentucky coal or Fayette Urban-County Government; Ron Wolf, The Department for Local Government plans a reduction in the severance tax would create Associated General Contractors of Kentucky, to have its compensating and four percent rates more competitive pricing with other states. and Pam Thomas, Mountain Association for calculated by June 30th. The Department of In response to a question from Senator Community Economic Development. Revenue sends out its certification to counties Smith, Secretary Snavely stated the regulatory LRC Staff: Mark Mitchell, Joe Pinczewski- July 8th through July 31st. Within 45 days of constraints from the Army Corps of Engineers do Lee, John Ryan, and Cheryl Walters. receiving certification, the fiscal court sets the tax increase costs for the coal industry in Kentucky. Kentucky Property Tax Calendar rate. The 45 days can be tight depending upon In response to a question from Senator Mr. Elbert Bennett, Caldwell County the timing of the receipt of the certification and Mills, Secretary Snavely stated the United States Magistrate and President of the Kentucky when the local newspapers set their deadlines Department of Energy created the Coal First Association of Counties (KACo) explained that and run their legal ads which are required in the Initiative to develop a clean coal-fired power 2019 HB 49, in its original form, would have rate setting process. The sheriff of LaRue County plant. mandated some statewide changes to the property must have the rates from the fiscal court by In response to a question from Senator tax calendar. Among the bill’s provisions, the October 10 to begin his process. Regarding HB 44 Thomas, Mr. White stated the coal industry time allowed to gather signatures for a tax recall actions, if the fiscal court takes the compensating utilizes automation that reduces labor costs and petition would have been increased from the rate, no additional action is needed. If the fiscal risks for miners. current 45 days to 75 days. The final version court takes between compensating rate and There being no further business, the meeting cut the original extension from 75 days to 50 four percent increase, it must be advertised and was adjourned. days, and applied it to two Fayette and Jefferson discussed in a public hearing. If the fiscal court counties. takes more than the four percent increase, it must INTERIM JOINT COMMITTEE ON The property tax calendar falls on the be advertised and discussed in a public hearing, LOCAL GOVERNMENT shoulders of many entities whose duties overlap. and then it is subject to recall adding even more Minutes of the 1st Meeting Each step in the calendar is dependent upon the pressures to the calendar timeline. of the 2019 Interim action before it. This keeps the process moving Mr. Don Blevins, Fayette County Clerk, June 6, 2019 forward but in an already compressed timeline. explained the clerks’ duties as relating to the Call to Order and Roll Call Mr. Mack Bushart, Executive Director of the tax calendar. The key dates are July 8th through The first meeting of the Interim Joint Property Valuation Administrator’s Association, July 31st when the Department of Revenue issues Committee on Local Government was held on provided a pre-Kentucky Education Reform Act the certification which begins the 45 day period Thursday, June 6, 2019, at 8:00 AM, in Room 149 (KERA) and a post-KERA history of the tax which Judge Turner discussed earlier. Following of the Capitol Annex. Representative Michael calendar timeline and explained the PVA’s duties that, October 1st is a key date to get the tax bills Meredith, Chair, called the meeting to order, and as it relates to the tax calendar. out so that the public has the full 30 days in

THE KENTUCKY GENERAL ASSEMBLY 9 which to get the discount for early payment of a different fiscal year than the other offices, and Relations with the Kentucky School Boards taxes. that sheriffs can be affected most by delayed Association (KSBA), mentioned that the In July, the Department of Revenue’s taxes since they rely on those tax fees to fund property tax is the oldest tax in Kentucky. It has certification is issued, and PVAs need to address their offices. been imposed since Kentucky became a state, any changes that have occurred after May when In response to a question from and therefore it is the only tax mentioned in the they submitted their valuation to Revenue. At this Representative Rothenburger, Mr. Curry replied state constitution. As a result, the constitutional time the fiscal courts are setting their rates. The that every county assesses its properties for provisions tie the state’s hands as to what can or clerks are waiting to get the rates set and to print quadrennial review using different methods so it cannot be changed about this tax and how it is the tax bills. The pinch point is around September is hard to say what the PVA overall assessment imposed. 15th, that day being the day the clerk has to hand across the Commonwealth would be. In general, When a recall petition occurs and there is an the tax bills to the sheriff for delivery. However, PVAs are in their first year of their quadrennial election, the school board and other local taxing the fiscal courts are not finishing their work until review this year. jurisdictions may go ahead and issue bills with around August 31st leaving the clerks about two In response to another question from the higher amount, the amount that is subject to weeks to finish their work. Any potential recall Representative Rothenburger, Mr. Curry said that the pending recall, and the taxing jurisdictions cannot start until the fiscal court sets its rates— every PVA must meet the required assessment can hold those revenues in escrow and issue around September 1st. Then potential petitioners measurement standards in order to have refunds, if necessary, when the tax is recalled. have 45 days, or more, in light of 2019 HB 49, figures certified each year by the Department of As others have already stated, the overall to collect signatures putting the time then into Revenue. process and calendar is complex, and there will mid-October, after the tax bills have been sent In response to another question from be a ripple effect if any change is made to any out by the sheriff and creating administrative Representative Rothenburger, Judge Turner point of that process. It is certainly a relay race issues for the charging and collecting of the tax. stated that notices may be mailed to each among the various officers involved. The current This year on September 16, the clerks also need taxpayer, but publication in the local newspapers process works well, and probably as well as it to have the ballots ready for the general election. is the only sure way to get notification out. possibly can considering the number of different Recalls become problematic. Contemporary methods of communication are offices involved. Intricate timing of the normal tax calendar worth exploring. The calendar itself, which is the topic today, and any change, no matter how minor, would In response to question from Representative is the same for school districts as it is for other delay the final delivery of the tax bills and Graviss, Mr. Blevins said that the groups do not jurisdictions. The PVA assessment is used for potentially create cash flow issues for the taxing have a simple solution to ease the tax calendar all county districts and most independent or entities. timeline especially in consideration with recall city districts, and similarly the sheriff is the tax Colonel Pat Morgan, Chief Deputy with the issues. There needs to be a task force made up of collector for all county school districts and most Kenton County Sheriff’s Office and representing the interested parties to come up with a solution independent districts. Independent districts may the Kentucky Sheriffs’ Association, explained the that includes provisions for a recall. elect to use their own assessment and may elect sheriffs’ duties as it relates to the tax calendar. In response to question from Representative to collect their own property taxes, however The Kenton County Sheriff’s office begins Meredith, Mr. Bushart stated that some counties most do not. its collections October 1st. Some counties begin can begin assessments prior to January 1, but Looking purely at the aspects that are in November, some in October. The sheriff’s there is a shortage of people and time. He unique for schools, is the overlay and interaction office also does testing to ensure the accuracy suggested electronic submission straight to the of property tax assessment and the SEEK funding of the bills. Any delays can affect the sheriffs, Department of Revenue for tangible property formula, through which the state allocates state especially because sheriffs are on the calendar might expedite the process, since tangible funding to districts. The valuation of property in year instead of a fiscal year. Delaying collections property is self-reported. Mr. Curry noted that each local school district by the PVA generally is into the next calendar year because of changes in changes in property, such as additions, done after the entire basis of the SEEK calculation, therefore the tax calendar or because of recall elections can January 1 might not be picked up for another it is a major state budget concern for the General affect the sheriff’s budget and accounting. four years if the assessments are done prior to Assembly and the general fund. Local property Representative Meredith stated that it January. taxes are not only a major source of revenue seemed to him that the PVA’s biggest pinch In response to a question from Senator locally, directly to the local school board levying point would be at the start of the year, that the Seum, Judge Turner replied that cities and special the tax, but as the basis for the SEEK formula, advertising requirements would be the biggest districts have the ability to raise property taxes in the state will provide more or less state funding pinch for the county judges, that printing and addition to the fiscal court and school boards. to each district depending on the valuation of its delivering the tax bills to the sheriff and election Mr. Bert May with Dinsmore and Shohl, property. recall would be the biggest pinch points for the representing the Kentucky League of Cities, told Also, another key difference in the overall clerks, and the discount period and mailing of the committee that he did not have anything calendar for schools is the level of oversight of the tax bills would be the biggest pinch for the add to what representatives of the county offices the state on district budgets. In conjunction with sheriffs. All officials agreed. testified in regards to the tax collection process this tax calendar, school boards must submit In response to a question from used by cities. The League looks forward to being three different budget documents at key points in Representative Meredith, Mr. Blevins said if the a part of the solution. each fiscal year. At each point, more information tax bills are sent out with a rate that exceeds four In response to a question from is becoming available to the district as a result of percent, and there is a successful recall election, Representative Meredith, Mr. May said cities the work done by the PVA, the state department the overage would be refunded. A good solution follow the tax calendar timelines regarding tax of revenue, the sheriffs, and other officials would be to detach the recall process from the collection. involved in the process, and the district budget regular tax calendar. Clerks and sheriffs are on Mr. Eric Kennedy, Director of Governmental becomes more refined as these are submitted to

10 2019 Interim LEGISLATIVE RECORD the state for review and oversight. not the same thing. Senator Wise. Representative Marzian welcomed KSBA will be eager to participate in any Representative Graviss suggested that there retired school teachers who were attending the discussions, either as a formal task force or might be some opportunity to get an early start in meeting and thanked them for their work. informally. the preparation for the assessment process prior Approval of Minutes Ms. Melissa Klink, Assistant Director of the to January 1 while adhering to the constitutional Representative Marzian made a motion Division of Local Support with the Department requirements relating to property valuation. to approve the minutes as written, which was of Revenue, told the committee that she did not Mr. Bushart noted that regarding the seconded by Representative Glenn. The motion have anything to add to what the other speakers valuation process, there is an emphasis to prepare passed by voice vote. discussed. valuations in the spring, but that the assessment Early Childhood Education In response to a question from Senator process occurs throughout other parts of the Linda Hampton, Executive Director, Seum, Ms. Klink said that the requirement year. Governor’s Office of Early Childhood, and Erin of 100 percent valuation is ensured through Mr. Curry suggested that a formal Mitchell, Communications Director, Governor’s ratio studies conducted by the cabinet on the requirement that could increase the tax calendar Office of Early Childhood gave an overview of assessments presented to them by the PVAs. process beyond a 12 month cycle may be early childhood education in Kentucky. In response to a question from Representative confusing. Ms. Hampton said there are 21,276 children Meredith, Ms. Klink said it would be difficult to In response to a question from Senator enrolled in public preschool programs and move the certification of assessments and rates Robinson, Mr. Bushart said in relation to the 100 25,660 children in child care. These numbers on the calendar. percent value requirement, the compensating include children in head start programs. The Mr. Gregg Ladd, General Counsel for the tax rate is calculated to account for the change Early Childhood Advisory Council (ECAC) is Department for Local Government (DLG), stated in property value from the previous year to the required by statute but it has been many years that it only takes DLG one day to calculate the property value in this year to bring in the same since the program had an active strategic plan. compensating and four percent tax rates upon amount of revenue. In the last two years, ECAC has been developing receiving the assessment from the Department There being no further business, the meeting a strategic plan for early childhood education of Revenue. DLG had no substantial issues as it was adjourned at 9:35 a.m. in the Commonwealth. At the last meeting of relates to the property tax calendar. the 15 member council, a new strategic plan Representative Graviss stated that it was his INTERIM JOINT COMMITTEE ON was debuted and encompasses the entire early understanding each tax was a line item on the EDUCATION childhood education program which includes tax bill. Minutes of the 1st Meeting public preschool, head start, early head start, and Representative Meredith noted that all of the 2019 Interim licensed childcare centers. The plan also includes taxing districts are subject to the four percent June 5, 2019 a revised vision statement and mission statement. revenue increase. Call to Order and Roll Call The most critical piece of the mission statement Mr. Kennedy said that it is possible that The 1st meeting of the Interim Joint is the word “comprehensive.” All of the supports each taxing entity that is represented on the tax Committee on Education was held on for children, families, instructors, and everyone bill could enact a four percent increase and then Wednesday, June 5, 2019, at 1:00 p.m., in Room who works with them are included in this. There each entity’s tax bill would increase with that 149 of the Capitol Annex. Representative Regina will be an increased focus on care for children in amount being reflected on the total at the bottom Huff, Chair, called the meeting to order, and the the prenatal stage (care for the mother) and very of the total tax bill. secretary called the roll. early childhood care. Mr. Bushart drew a distinction between the Present were: Goals for ECAC in the upcoming year, value of the property which is subject to the tax Members: Senator Max Wise, Co-Chair; based on the new strategic plan, include on the tax bill and the rate applied to the assessed Representative Regina Huff, Co-Chair; Senators comprehensive early care and education value. The rate on each component of the tax bill David P. Givens, Stephen Meredith, Gerald through strategic messaging, strengthening is gauged toward the four percent calculation. Neal, Dan “Malano” Seum, Reginald Thomas, the early care and education workforce by Mr. Kennedy noted that the rate applied to Johnny Ray Turner, Stephen West, and Mike providing a career pathway for advancement and taxpayers on the governmental scale can affect Wilson; Representatives John Bam Carney, professional learning, increasing coordination, property owners’ payments on the individual Jeffery Donohue, Jim Glenn, Mark Hart, Scott program quality, and service delivery by scale because of their property’s assessed value. Lewis, Mary Lou Marzian, C. Ed Massey, Bobby fostering collaboration between agencies and Judge Turner noted that the amount of taxes McCool, Reginald Meeks, Kimberly Poore stakeholders, promoting a comprehensive paid by an individual is dependent upon the Moser, Melinda Gibbons Prunty, Steve Riley, framework to effectively partner with families, assessed value of that person’s property which Attica Scott, John Sims Jr, James Tipton, Russell informing funding and resource allocations, can fluctuate. Events such as a fire, the damages Webber, and Lisa Willner. policy recommendations, and programming by of which have been noted in the assessed value Guests: Donnie Wilkerson, social studies consistently applying data driven systems and of a property, could result in a lower tax bill for teacher; A.C. Donahue, Christian Home processes, and securing new, diverse funding that period. Conversely, a property that was Educators of Kentucky; Richard Innes, Bluegrass while utilizing existing resources more effectively. renovated and received a higher assessed value Institute; and Melissa Banks, Department for Kentucky received an Every Student could result in a larger tax bill, even though the Community Based Services. Succeeds Act (ESSA) Preschool Development government’s property rates stayed the same. LRC Staff: Lauren Busch, Joshua Collins, Grant providing $10.62 million to strengthen The terms “compensating tax rate” and “four and Maurya Allen. early childhood system alignment, coordination, percent” rate are calculated on the entire scale of Chair Huff welcomed everyone to the first efficiency, and develop best practices that will the collective property values within that local Interim Joint Committee on Education meeting benefit the health and development of young government’s jurisdiction. Rates and revenue are of the 2019 Interim and introduced her co-chair, children in Kentucky. This is a one-year grant

THE KENTUCKY GENERAL ASSEMBLY 11 operating from January 1, 2019 to December 31, for in a quality childcare provider. Combined with She explained that current fiscal mapping was 2019. There is an opportunity for three additional that, in order to improve the quality of childcare performed in response to the ECAC wanting years of renewal funding through a competitive programs, the ECAC will continue to promote a better understanding of where these funds application, a process which begins in August. tools for childcare providers, including access to are being spent. The levels have remained the Several agencies, including the Kentucky strong curriculum and training from curricula same to various programs for many years and Department of Education, Cabinet for Health authors for the highest level of authenticity. it was time to give a fresh look at where the and Family Services, Education and Workforce Kentucky also received funds from a money was expended, even though 25 percent of Development Cabinet, Kentucky Head Start National Governor’s Association Grant (NGA) tobacco monies must be spent on early care and Association, Community Early Childhood which will be used to develop standards for education. Councils, and the Kentucky Center for Statistics prenatal through age 5 that will align with K-12 Responding to a question from Senator are working with the Governor’s Office of Early standards, with a focus on social and emotional Meredith, Ms. Hampton clarified that Kentucky Childhood and ECAC to determine the best development. The first 1,000 day period of a was one of six states that received the highest allocation of these funds. Because of its unique child’s life is a critical time for development and level of funding in the grant. Forty states were situation, Kentucky should be poised to make a lays a foundation that will be carried not only into awarded funds, but Kentucky’s application was strong application for renewal. school, but into adulthood and the workforce. one of the strongest resulting in the highest Ms. Hampton pointed out that the most Ms. Hampton discussed the Early Childhood level of funding. Among the unique elements highly vulnerable early childhood populations Institute 2019 which will be held June 19-21 at in the application was the desire to individually are the rural populations, but there are significant the Galt House in Louisville. This conference is identify students in order to understand at a differences in the needs of rural children in designed to empower professionals who impact fine-detail level how much is spent per child. western Kentucky versus eastern Kentucky. and shape Kentucky’s youngest children and Kentucky will be able to measure success with There are childcare deserts in the state, meaning their families. It focuses on providing high- a significant improvement in test scores and there are families with no reliable childcare or quality professional development, as that is the when all stakeholders understand what it takes early childhood education opportunities. One pathway to high-quality early care and education. for a child to excel. It is more than a child in a of the priority uses of the grant funding will be Scholarships were available to ensure that this classroom, it includes the holistic care and wrap- developing a model for starting in-home child opportunity was accessible even to those who around services, which support the whole child care in order to educate willing individuals might otherwise struggle to come to Louisville and family unit. Within a year there should be a who want to start childcare centers in their for the conference. wealth of data reflected in readiness scores and own homes. This would be a way to not only In response to a question from Representative other areas. address childcare needs in struggling regions of Scott, Ms. Hampton said the strategic plan is still Homeschooling the state, but also provide economic security for in revision, but following its final approval at the David Wickersham, Deputy Director, individuals who may not have other employment June 19, 2019, ECAC meeting it will be available Office of Education Accountability (OEA); opportunities. to the public online. She will also send a copy to Dr. Bart Liguori, Research Division Manager, Early childhood councils across the state are committee members so they will have it readily OEA; and Dr. Deborah Nelson, Research a vital partner of the ECAC and are comprised available. Analyst, OEA, shared research performed by of teachers, librarians, city council members, Following a question from Senator OEA on homeschooling in Kentucky last year and other who are building systems to improve Thomas, Ms. Hampton said unification is key at the request of the Education Assessment school readiness. Meetings of these councils with to providing comprehensive early care and and Accountability Review Subcommittee. The stakeholders, called School Readiness Summits, education. A uniform system of standards at report was presented to, and accepted by, the will continue, funded by tobacco settlement the early childhood level that align with K-12 subcommittee in September of 2018. dollars and other grant funds. These summits standards will go a long way towards addressing Dr. Nelson stated that homeschool rates have are led by local superintendents and foster the education gaps in early school grades. risen in the nation and in Kentucky. Additionally, collaboration among schools, local head start Representative Moser inquired about school Kentucky’s homeschool rate slightly exceeds the directors, and local childcare directors. These readiness teams, which Ms. Hampton answered national average. Outcome data are limited in summits have been critical ways for stakeholders saying the Erlanger-Elsmere team was utilized Kentucky and nationwide, but what is available to understand each other’s roles and plan the as a model for the School Readiness Summit suggests that outcomes are good. Kentucky best way to leverage each of their own skill sets teams because they do a phenomenal job at requirements for homeschools are higher than to best prepare children. There are 75 teams pulling together partners to do the most good in some states, but lower than others. There are meeting across the state and applying for other for children. also many challenges to enforcing Kentucky’s grant funds, which could potentially total $1.3 In response to a question from Representative homeschool laws. Public school officials express million in funds for children in their areas. This Tipton, Ms. Hampton said she would have to concern that some students reported as being kind of collaboration also allows for setting get the most current numbers of students who homeschooled are not. There is potential for unified goals throughout counties so everyone is are not enrolled in childcare, because the work greater clarification under current law. working toward a common goal. is currently ongoing to collect those data. There Homeschools are not defined in law, but are From parent surveys, it was determined is a desire to reduce duplication in the data, defined by the Kentucky Department of Education that a top priority for families is finding quality especially regarding children who are in more as private, unaccredited schools operated by a childcare close to where they work. This is than one program. Representative Tipton also child’s parent or guardian. Homeschools receive especially important for rural and low-income inquired into the tobacco settlement funds. no state assistance or financial support. Because parents who already struggle with transportation Ms. Hampton reported a funding level of $28.8 homeschools are not accredited, diplomas do and household budgets. Part of the outreach of million in 2018-2019 and in 2019-2020 there not necessarily carry the same legal status as ECAC will be educating parents on what to look was an overall funding level of $27.9 million. those from accredited public or private schools.

12 2019 Interim LEGISLATIVE RECORD Families choose to homeschool for a variety of monitoring by the DPP. There is no minimum information and reports, which vary widely in reasons including a desire for specific religious education requirement for Kentucky parents to their content. There is also no guidance in the education, increased flexibility, or concerns open a homeschool, unlike in other states, and law regarding when and how to request these about school safety. Models range from those there is no routine reporting requirement. There reports. The lack of minimum requirements in conducted entirely in their own homes, to is little guidance in the law for what information the reports is a source of great frustration, as that those that combine home education with online must be kept in reports, especially scholarship is the only evidence that teaching and learning learning, tutors, or homeschool cooperatives. reports. The full OEA research report includes is occurring in a homeschool. DPPs report Data sources included an OEA survey of more detailed comparisons of Kentucky’s some homeschool parents keep large portfolios Directors of Pupil Personnel (DPPs), staff review homeschool laws with bordering states, and of student work, while others only produce a of homeschool laws in other states, previous nationwide. However, it is very difficult to make single sheet of paper with handwritten letter enrollment information from the Kentucky any direct comparisons due to the wide variation grades. While this meets legal requirements for Department of Education, postsecondary in homeschool laws. a scholarship report, it provides a very low level enrollment information from the Council on There was a substantial lack of data from of accountability. DPPS have no legal authority Postsecondary Education, and interviews with the homeschool community, so there is greater to require changes in a homeschool that does not school districts, Cabinet for Health and Family reliance on data provided by public officials. appear to be educating, but can report a family Services personnel, Administrative Office of DPPs generally expressed high regard for the for educational neglect. the Courts personnel, and homeschool parents. education provided by parents who homeschool In practice, this leaves accountability for Even with these diverse sources, data available out of conviction about the best interests homeschools who are not educating with the on students were limited. of the child. However, almost half of DPPs Cabinet for Health and Family Services or the In 2017, over 26,500 school-aged children reported concern about parents who appear courts. If an individual is concerned about a were reported as being homeschooled, which to transfer their children to homeschools to homeschool child not being educated, there is slightly higher than the national average. avoid legal consequences for habitual truancy. are separate laws pertaining to educational Homeschool enrollment has increased across the While Kentucky law requires DPPs to monitor neglect. However, less than one-third of DPPs nation since the 1970s, but exact trend numbers homeschool attendance and scholarship reports, report high confidence that a homeschool who are unavailable. Available source information many DPPs surveyed expressed concerns is not educating will face consequences from the indicates that enrollment remains relatively stable regarding the content of reports. They also cabinet or the courts unless there is also physical across all age groups, with a slight increase at the reported lack of parental education and lack abuse or neglect occurring. Factors complicating beginning of high school grades. Independent of computers, books, and other instructional the work of the courts and the cabinet include districts tend to have lower homeschool rates, materials in the homes during required home high caseloads, more urgent cases, and lack of but aside from that, there does not seem to be visits for truant students prior to transfer clarity on what constitutes educational neglect. any correlation between the number of students to homeschool. When students transfer to There is hesitance to make judgement about being homeschooled and socioeconomic status homeschools, there is no longer any direct what constitutes an acceptable attendance or or geography. monitoring under the law. scholarship report given lack of guidance in the Dr. Nelson said knowledge of outcomes Dr. Nelson cautioned that while the data law. Homeschool advocates interviewed for this for homeschool students is very limited, and support a high degree of absenteeism among study felt there was adequate accountability in outcomes reported in this report and any report students who transferred to homeschools in current law, and noted that higher requirements, on homeschooling will be based on a very small the last year, the larger majority of students such as what exists in other states, would place number of students, therefore, it is not likely to be being homeschooled last year had never been undue burden on families already educating representative of all homeschool students. Most enrolled in public schools and therefore there is children at great personal expense. data in this study come from students who enroll little to no information regarding their absentee Homeschool groups also point to their in Kentucky postsecondary institutions, either as rates. While there is an increase in students efforts to work with KDE and public school college students or in dual credit. Homeschool withdrawing to homeschool in the middle and officials to develop a best practices document in students out-perform their public and other high school grades, she noted that a high number 1997. The document has been revised since then school peers in higher GPA ranges and have of absences does not necessarily indicate a lack and attempts to clarify roles and responsibilities lower percentages scoring “C” or below. Parents of commitment to education by students or their for homeschool parents and DPPs while also of homeschool students interviewed for this parents. Some students transfer to homeschool explaining and interpreting the law. Several DPPs study reported that their children are actively due to anxiety or fear for school safety, and these expressed concern with the document, though, recruited by colleges because they are known to reasons are also associated with a high rate of because they do not know if it constitutes law or be academically prepared and have good work absenteeism. However, there is a sharp increase informal guidance. It also sometimes conflicts ethic. Homeschool students enroll in college in students transferring to homeschool in high with information from other sources. All of the at about half the rate of public school peers so school following the statewide decision to move findings in the OEA research report concern the these results are not likely to be representative the dropout age from 16 to 18. Many DPPs report potential for greater clarity and guidance under of all homeschool students. The full report also that, following their district sending written existing laws, especially those in KRS 159.040. includes information regarding homeschool truancy notices, there is a corresponding wave of That statute authorizes, but does not require, student performance on the ACT and in dual parents enrolling students in homeschools. roles not currently played by the Kentucky Board credit coursework. DPPs feel powerless to address this of Education or KDE. There are no Kentucky To enroll a child in a homeschool, a parent situation and report not having the practical laws pertaining specifically to homeschools, but must notify the school district that the child is ability to enforce laws to ensure students being because they are considered unaccredited private being homeschooled. The parent must keep homeschooled are actually being educated. Their schools they have been considered subject to attendance and scholarship reports subject to clear authority is limited to requesting enrollment the laws addressing those schools. Dr. Nelson

THE KENTUCKY GENERAL ASSEMBLY 13 discussed the specifics in the law and mentioned are unclear of their authority. Judges were standards. He encouraged the committee to find how these are difficult to apply to homeschools. not specifically interviewed, but there was a the regulation deficient due to these faults. In response to questions from Representative significant number of DPPs stating they felt Richard Ennis, volunteer staff education Scott, Dr. Nelson said the data are not broken reporting a homeschool for education neglect analyst, Bluegrass Institute, spoke about the down by age or ethnicity because those metrics are would not result in any significant investigation. proposed social studies standards. His concern not reported. And regarding legal requirements, Representative Riley stated an assumption was that the social studies standards are not Kentucky is about average. There is no statute that families who could not consistently get a going to help improve the Kentucky adult that specifically governs homeschools, so the student to school were also unlikely to be able to populations’ understanding and knowledge General Assembly would have to first address consistently or effectively educate them. of history. Only four social studies disciplines the existing private and parochial school statute. Representative Marzian asked about the of the 13 recognized by the National Council The Kentucky Constitution protects parents’ criteria applied to homeschools in terms of for the Social Studies are included as ‘strands’ ability to educate according to their conscience, certifications and educational requirements for in the standards. Additionally, history is being so unless the statute is addressed, there is little homeschool parents. She feels that this may be significantly depersonalized in the standards the General Assembly can do. an area that more legislation could be effective. with the removal of key historic figures such Responding to Representative Carney’s Dr. Nelson said while there are reporting criteria as Dr. Martin Luther King, Jr. and Abraham questions, Dr. Nelson said there is no apparent required of homeschooling parents, there are no Lincoln. Basic geographic content is also correlation between region and homeschool requirements for a certain level of education. She missing. The important role of Site-Based rates. Some factors such as active homeschool cautioned that any more stringent laws regarding Decision Making Councils to take the standards associations or high population of Amish and curriculum, however, may eventually come into and turn them into curriculum was considered Mennonite families seem to be better indicators conflict with the constitutional right of parents very late in the process and not given enough of which districts will have more homeschooled to educate their children as they see fit. support. Deficiencies in the standards set the students. Representative Carney said looking In response to a question from Senator assessment program up for legal challenges and at the number of students transferring out Wilson, Dr. Nelson said there are states that are leave teachers and test writers to make too many during a given school year would be critical to very active in working with homeschools. Some assumptions about what will be on assessments. the members’ consideration. Those who were of which provide access to online resources, but As the administrative regulation had not committed to homeschooling and had been that is not something that appears to be prevalent been formally referred to the committee, no homeschooling continuously are less likely to be in Kentucky. However, that was not an avenue action was taken on at this meeting. Senator a concern. of investigation pursued by OEA in researching Wise said that he was willing to speak with In response to questions from Senator this report. the presenters prior to the next Interim Joint West, Dr. Nelson confirmed the information Responding to another question from Committee on Education meeting on July 10, regarding college attendance was only collected Representative Carney, Dr. Nelson said the 2019, when it might be possible to consider the from in-state institutions, so those attending numbers of students transferring out due to regulation. With no further business to come out-of-state can further skew the data and show changes to the dropout age were relatively small, before the committee, Representative Carney a lower college attendance rate for homeschool but she can get the raw data for members for made a motion to adjourn. The motion was students than may be accurate. Dr. Nelson further analysis. seconded by Representative Moser and passed further explained data exist for students anytime Required Academic Standards for Social by voice vote. The meeting was adjourned at 2:51 they interact with public school, but after they Studies p.m. leave, there is no way of knowing their outcomes. Donnie Wilkerson, 5th grade social studies There is some information on students who teacher, Jamestown Elementary School, spoke INTERIM JOINT COMMITTEE ON enroll in public school following being enrolled regarding his concerns with an administrative JUDICIARY in homeschool, but that is such a small number regulation, 704 KAR 8:060, Required Academic Minutes of the 1st Meeting it is hard to draw any accurate inferences. In Standards for Social Studies. Mr. Wilkerson of the 2019 Interim a given year, a relatively small percentage of expressed specific concern with the proposed C3 June 7, 2019 overall homeschooled students transferred out Framework which places greater emphasis on Call to Order and Roll Call in that year. process than on content and with the reduction The 1st meeting of the Interim Joint Responding to Representative Tipton, of scope from American history through the 20th Committee on Judiciary was held on Friday, June Dr. Nelson said the school records as well as century to only through adoption of the U.S. 7, 2019, at 10:00 AM, in Room 171 of the Capitol attendance records of students who transfer Constitution. He opposed the elimination of Annex. Representative Jason Petrie, Chair, called out of public school were studied and show that specific historical figures from the standards and the meeting to order, and the secretary called the these students tend to have lower achievement the implied removal of Kentucky state history, as roll. records. The data are included in an appendix to Kentucky did not become a state until two years Present were: the OEA research report. after the adoption of the U.S. Constitution. Mr. Members: Representative Jason Petrie, Following comments and questions from Wilkerson stated he had shared these concerns Co-Chair; Senator Whitney Westerfield, Co- Representative Riley, Dr. Nelson said smaller with the Kentucky Department of Education Chair (via video conference); Senators Danny counties where there is a close relationship during the public comment period for the Carroll, Alice Forgy Kerr, John Schickel, Wil between the county attorney, DPP, and Cabinet regulation but feels his comments were not Schroder, Dan “Malano” Seum, Robert Stivers for Health and Family Services have a higher shared with the Board of Education. Kentucky II, Robin L. Webb, Stephen West, and Phillip number of investigations and greater likelihood students will be at a disadvantage on national Wheeler; Representatives Charles Booker, Kevin of follow-up. In areas without that relationship, and international placement tests as they are D. Bratcher, McKenzie Cantrell, Daniel Elliott, DPPs are reluctant to intervene because they more content driven than allowed for in these Joseph M. Fischer, Nima Kulkarni, Stan Lee, Derek Lewis, Savannah Maddox, C. Ed Massey,

14 2019 Interim LEGISLATIVE RECORD Chad McCoy, Reginald Meeks, Jason Nemes, not performing his or her duties. affidavit of indigency, and prohibit multiple Brandon Reed, and Maria Sorolis. Judge Vanover testified about theinvoicing for the same case. The review stage Guests: Chief Justice John D. Minton, appointment and duties of GALs and CACs. helps monitor the parents, as well as the Cabinet Jr, Justice Debra H. Lambert, Judge Marcus GALs are appointed to represent legally for Health and Family Services and the attorneys. Vanover, Judge William Leach, Judge J. Foster incapable persons, while CACs represent However, submitting the forms up front does not Cotthoff, Virginia Erxleben, Andrea Bruns, juvenile respondents in public offenses and allow attorneys to account for the majority of the Gerald W. Hoppmann, Tammy Bullock, Judge status offenses, indigent criminal defendants, time they actually spend on a case. Lucinda Masterton, Commissioner W. Bryan indigent adults in child welfare cases, and adult The proposed rules require mandatory Hubbard, Jim Musser, and Stacy Tapke. respondents in guardianship proceedings. In education. The proposed rules require all LRC Staff: Katie Comstock, Alice Lyon, dependency, neglect, and abuse (DNA) cases, the attorneys to: (1) complete AOC’s GAL and CAC Chandani Kemper, Dale Hardy, and Yvonne court must appoint a GAL for a child, separate training prior to appointment; (2) complete Beghtol. counsel for a parent who exercises custodial advanced multi-disciplinary training every two Guardians Ad Litem and Court-Appointed control if indigent, counsel for any person years; and (3) provide a certificate to their judge Counsel: Overview of Appointment, Duties, claiming to be a de facto custodian if indigent, as evidence of completion. and Training and may appoint separate counsel for a non- Judge Vanover highlighted other issues the Chief Justice John D. Minton, Jr. provided parent exercising custodial control if indigent. proposed rules seek to address. In particular, historical background on the appointment Judge Vanover noted that he was not sure Kentucky has a D on the First Star report card of Guardians Ad Litem (GAL) and Court- if the Finance and Administration Cabinet’s that grades each state on their court-appointed Appointed Counsel (CAC). He introduced audit took into account the number of third counsel. The proposed rules would raise the Justice Debra H. Lambert and highlighted party petitions filed and wanted to bring to score dramatically. her role on the Supreme Court as the chair of light the volume of these petitions. In response Judge Foster Cotthoff addressed other CAC Family Court Rules. She has begun the process to Chairman Petrie, Judge Vanover stated that issues. Under KRS 387.305, CACs appointed for of drafting court rules pertaining to GALs and he sees about 3 to 5 third party petitions versus disabled adults are paid $40.00 an hour for out- CACs. what is filed by the cabinet. He believes this is of-court work and $60 an hour for in-court work, After taking office in January, Justice true across the state. For example, blended and which is paid through the respondent’s estate or Lambert reached out to Executive Director large families may require several attorneys to be by county government. In KRS Chapter 202A Gerald Hoppmann and Director Tammy Bullock appointed. and 202B, proceedings dealing with involuntary of the Finance and Administration Cabinet to get Judge Vanover said that indigency standards hospitalization cases, a trial commissioner at a better understanding of the cabinet’s audit of defined in KRS 31.100 and KRS 31.120 are often Western State Hospital hears the petitions. If a the selection, billing, and payment of GALs and vague when put into practice, making it hard to jury trial is requested, the Department of Public CACs. In addition, Justice Michelle M. Keller determine who is indigent. He stated that judges Advocacy usually represents the respondents. and others from the Administrative Office of the would like to “give more teeth” to the Affidavit Judge William Leach addressed KRS Courts (AOC) exchanged ideas on how to collect of Indigency, to track if people are truly needy 26A.140, dealing with accommodating the additional data to improve the GAL and CAC in qualifying for the appointment. For example, special needs of children. One issue not addressed process. Court rules will be used as the structure if the form is not completed, the person would in the statute is the means for paying the GALs. for these changes and will be discussed at a not qualify for counsel. However, there are times Under KRS 387.025, parties in DNA cases can public hearing on June 12 at the Kentucky Bar when a parent is not available to complete the ask to be appointed as a guardian over a child. Association’s Annual Convention. The Supreme affidavit, for reasons such as being incarcerated Often times the guardian spends any money Court will consider and vote on the adoption of in another county, being in a treatment center, coming to the child before paying the attorney. the proposed rules in the fall. Justice Lambert is or being medically incapacitated. Therefore, Having the courts clarify who is responsible for working with the Cabinet for Health and Family some leeway may be needed to have counsel payment to the GAL would help. Some small Services to assist in implementing the Family available to protect a person’s rights up front, but counties do not have a Family Court and have First Prevention Services Act, and to provide allow them time to have their client complete the many indigent families. Due to the set fee of assistance in the funding and training of GALs, affidavit. $250 per case in those counties, and the number CACs, and judges. The proposed amendments to the Family of court appearances that may be required, it Judge Marcus Vanover noted that judges Court Rules of Procedure and Practice include is difficult to find an attorney to be the GAL had concerns about 2019 SB 205, including the the following improvements to the GAL and in those counties. Incarcerated individuals are creation of a centralized agency that would have CAC appointment process: (1) prohibit selective also assigned GALs and getting the paperwork overseen the appointment of GALs on a state- appointments, except in rare circumstances; (2) completed by the defendant in order to pay the wide basis, which would have created a conflict prohibit “closed lists” of appointed attorneys; GAL can be difficult. of interest between those that represent children and (3) allow courts to remove attorneys who In response to Representative Elliott, and those that represent parents. In addition, do not meet the standards of representation. In Justice Lambert advised that, while she is not judges are concerned with coverage. For example, response to President Stivers, Judge Vanover familiar with what every state pays GALs and an Emergency Custody Order (ECO) case has stated that the local circuits would be the ones to CACs, Kentucky pays $500 while Alabama pays to be heard within 72 hours. An ECO may be enforce the new rules. up to $5,000. The low pay raises concerns that signed one night and have to be heard at 9:00 The proposed rules also seek to address representation may be at a lower level. the next morning. Getting notice to counsel in a GAL and CAC payment concerns. The proposed Guardians Ad Litem and Court- regional office and having them available by the rules require courts to review income prior to Appointed Counsel: Court Appointed Special next morning is a concern. Judges are concerned appointing attorneys for adults, require parties Advocate’s (CASA’s) Role about the potential removal of a GAL or CAC seeking attorneys to complete and submit the Andrea Bruns, State Director of Kentucky

THE KENTUCKY GENERAL ASSEMBLY 15 CASA Network, introduced herself and Virginia Guardians Ad Litem and Court- law, based on evidence from the Department of Erxleben, Executive Director of the CASA Appointed Counsel: GAL and CAC Payments Agriculture’s report in 1987 on how much it took Program of Christian County. Ms. Erxleben Mr. Hoppmann, Executive Director of to raise children at different income levels in an stated that Court Appointed Special Advocates Office of Policy and Audit with the Finance intact family. In 1994, the guidelines changed (CASAs) are trained community volunteers and Administration Cabinet, stated that their to extend the schedule to include families with who advocate for the best interests of children presentation would review the billing and monthly incomes between $10,000 and $15,000, involved in the court system through no fault payment process for GALs and CACs, provide to set a minimum obligation of $60, and to of their own. CASA volunteers are appointed an update on the FINGAL-1 Form, and highlight make adjustments for maintenance of children. by a judge and make recommendations in court the fee disparity issues relating to attorneys who However, the basic schedule did not change. In reports. Last year, over 1,100 CASA volunteers provide GAL and CAC services in counties 2000, a split custody arrangement calculation advocated for over 3,500 children. where there are no Family Courts. was added to KRS 403.212. In 2006, HB 356 was In addition to court observation and Ms. Bullock, Division Director of proposed to update the guidelines, but did not pass the shadowing of social workers, CASA staff Administrative Services with the Finance out of the House. In 2007 and 2008, no legislation and volunteers complete a required 30 hour and Administration Cabinet, advised that the to change the guidelines was proposed. In 2008, pre-service training curriculum developed FINGAL-1 form was created for attorneys to the commission commissioned a $50,000 study by the National CASA Association. Advocate submit to the cabinet for payment. Payments from the University of Kentucky on how to best supervisors and volunteer coordinators support, are processed in eMars, a statewide accounting update the guidelines. The study recommended supervise, recruit, and train CASA volunteers. system. However, the cabinet’s audit highlighted that the guidelines be updated with an estimation Once a judge appoints a CASA volunteer to the need for tracking more information relating method to keep up with changing price levels, and a case, the volunteer has regular visits with the to GAL and CAC payments. After working with to begin future research into the cost of raising a child, researches the case, reviews documents, the AOC, the FINGAL-1 Form will be updated child. In 2009, no legislation was proposed. In interviews relevant people, and makes by July 1, 2019, to track new information such as 2010, the commission recommended legislation recommendations during each court proceeding whether the payment was for a GAL for a child, a to introduce new amounts in the child support in regard to the child’s well-being and placement. CAC for a parent, a CAC for family who is not a guidelines and to include shared parenting CASA volunteers work closely with social parent, or a CAC for a person who is not family. adjustments. The bill died in the House. In 2011, workers and GALs, putting in an average of 10 Additional coding will identify payments made 2013, and 2014, similar legislation was introduced hours a month and often times more. A case to the District Court or Family Court. To date, and died in either the House or Senate. In 2015 with heavy court activity may require 30 hours the cabinet has spent approximately $16,000,000 and 2018, the shared parenting adjustment was or more. A CASA volunteer acts as a mentor, in CAC and GAL this fiscal year. dropped, but the legislation still did not pass. In a guide, and a connector of important services Mr. Hoppmann advised that the new 2016, a bill updating the guidelines was passed that a child may require. CASA volunteers may tracking of expenditures will begin in July 2019, but was vetoed. also report personal needs, and may assist a giving them at least 6 months of data by the next In 2018, the legislature passed a presumption child in the decision and paperwork required to legislative session. In regards to fee disparity, of joint custody and equal timesharing. However, recommit with the Cabinet for Health and Family attorneys appointed to provide GAL and CAC there was no provision for parenting time Services, apply for tuition, or financial assistance services related to DNA cases in District Courts adjustment for child support. In 2019, HB 415 in getting an apartment. CASA volunteers teach receive $250, whereas attorneys providing the was introduced and signed by the Governor, but them how to balance a checkbook, manage same services in Family Courts receive $500. it did not include updated guideline amounts or their time, and adjust to living on their own. Twenty-five District Courts in Kentucky have a shared parenting adjustment. In the meantime, CASA is a piece of the system working to ensure found KRS 620.100 unconstitutional because there is no consensus among judges on what permanency for these children to have a safe and the law “discriminates against court-appointed to do with the shared parenting presumption. permanent home where they can thrive. counsel in judicial districts without a Family This is leading to judges having multiple day The KCN Network of Programs works Court.” The cabinet is seeking a legislative hearings only to determine child support, others to secure funding to increase the number of solution for consistency moving forward. not wanting to deviate from the guidelines at all, active volunteers to serve more children in the Child Support Enforcement and others trying to use the split custody calculation, Commonwealth. Unfortunately, the March 2019 Guidelines: An Overview of the Child Support others trying the commission formula, others U.S. Children’s Bureau Report ranked Kentucky Guidelines Review Commission trying mathematical projections, or still others as number one in child malnutrition and child Judge Lucinda Masterton advised that leaning towards not having any child support at abuse rates. An increase in funding will be updating the child support guidelines is a all. requested in the 2020 Budget Year. Support from frustrating process. Judge Masterton has been the legislators for the CASA Program is appreciated. Chair of the Child Support Guidelines Review As of December 2016, 45 CFR § 302.56 In Kentucky, all CASA Programs are 501 (c) (3) Commission since 2010. Before the guidelines, put funding at risk by not establishing updated organizations. The budgetary needs are largely every judge was different and the results were child support guidelines. Judge Masterton stated for personnel and training costs. inconsistent. The Family Support Act of 1988 that the guidelines have to be adjusted, case data Ms. Bruns said that not every county has required more consistency, with evidence-based must be analyzed, the cost in raising a child has a CASA Program, but they are moving in that guidelines, and a presumption of the amount of to be established, and there has to be consistency. direction. CASA is in about 56 counties and child support that would be awarded under the Child Support Enforcement and hopes to be in 80 counties by the end of 2021. guidelines. The consequences for not adhering to Guidelines: Child Support Guidelines In regards to 2019 SB 205, Ms. Bruns wanted to the guidelines is loss of federal funding. Commissioner Bryan Hubbard with clarify that, in Kentucky, “volunteers” are CASAs The child support guidelines werethe Cabinet for Health and Family Services’ and not GALs. established in 1990, pursuant to the federal Department for Income Support reached out to

16 2019 Interim LEGISLATIVE RECORD the Center for Policy Research for assistance in give members a comfort level in passing this Guests: Representative Jason Nemes; updating the child support guidelines. Federal legislation. Commissioner Matt Henderson, Department of law requires three things when developing In response to Representative Meeks, Vehicle Regulation, KYTC; Commissioner Todd guideline that comply with the federal law. One Commissioner Hubbard said that he and his Bloch, Department of Aviation, KYTC; and, federal requirement is to consider economic data staff would be happy to meet with anyone who Craig Farmer, State Aviation Engineer, KYTC. on the cost of raising children and to revise the is interested in holding a public meeting dealing LRC Staff: Tammy Branham, Justin Perry, guidelines if appropriate. The second federal with these issues. and Spring Emerson. requirement is to analyze the state’s case file Representative Bratcher expressed Approval of Minutes data on the application of and deviation from appreciation for all of those involved in this A motion was made by Co-Chair Santoro to the existing guidelines, the frequency of low process. Over his years as a legislator, he has approve the minutes of the June 4, 2019 meeting. income adjustments as well as the imputation of received complaints that judges are not following The motion was seconded by Senator Wise, and income, and entry of default orders. Deviations the law. Timelines are one of the biggest issues. the minutes were approved by voice vote. should be kept to a minimum and a method A judge in Representative Bratcher’s district has ConfIDent – REAL ID must exist to consider the subsistence needs of been sitting on a case for two years. Chief Justice Commissioner Matt Henderson provided a the obligated parent. In addition, the federal Minton responded that Representative Bratcher’s brief overview and update of the implementation government requires an analysis of labor market comment is painful to hear, and if a judge is not of the REAL ID program. data to inform the development of low-income doing their job, they need to be held accountable. In response to questions from Senator adjustments which are appropriate for Kentucky. They are trying to build a system to work on McDaniel, Commissioner Henderson said The third federal requirement is to provide these issues, such as delays. Constant complaints Kentucky is currently under an extension from a meaningful opportunity for public input, are that the judicial system costs too much, takes the US Department of Homeland Security for including feedback from low-income custodial too long, and it is never over. the REAL ID requirement, and the standard parents and their representatives. The state must Representative Nemes echoed drivers’ license will remain an acceptable means also obtain the views and advice of its child Representative Bratcher’s concern. Family Court of identification for federal purposes until support agency. The Center for Policy Research is an area that legislators do not know a lot about, October 1, 2020. The rollout began in Franklin is capable of performing all three of these which allows for a significant amount of abuse. and Woodford counties, and is planned for functions and has agreed to do so. In addition, Another significant problem are individuals Hart and Anderson counties next, as they are the Center for Policy Research will conduct all of paying for their time in court that is above court smaller and issuance time should be faster. The the required research and data analysis, develop filing fees and attorney costs. He stated that rollout to Jefferson and Fayette counties has at least three options for the subsistence needs money spent on GALs and CASA volunteers been paused until software issues are fixed, due of parents, and alternative updated schedules. is money well spent, and that DPA should be to higher populations in those areas. It is safe to This will allow the Child Support Guidelines paid more money for their caseloads. Structural say the program will be complete by the end of Review Commission to explore the impact of change is needed. the calendar year. Commercial drivers’ license data variables and assumptions, review parental Chairman Petrie asked that any member holders would be required to supply the same timesharing adjustment options in comparison who has an interest in working on the agenda documentation, but will not have the option for to other states, review adjustment options for topics to contact him or Katie Comstock. a four-year credential. parents who have children with more than one There being no further business, the meeting In response to questions from Co-Chair partner, provide a technical report of its findings was adjourned at 11:50 am. Santoro, Commissioner Henderson said the with supporting documentation of the updated average waiting time for a REAL ID credential schedule, and provide recommendations. The INTERIM JOINT COMMITTEE is approximately 15 minutes. With repeated use Center for Policy Research will also provide up ON APPROPRIATIONS AND of the new system and increased familiarity, the to three onsite presentations on the guideline waiting time should decrease. REVENUE recommendations and their supporting data. Budget Review Subcommittee on In response to questions from Representative This includes availability to answer technical and Transportation Nemes regarding the constitutional obligations subsequent questions. A deadline of the end of Minutes of the 2nd Meeting of circuit court clerks, Commissioner Henderson September 2019 was given for achieving these of the 2019 Interim said the KYTC is actively working with the tasks, with the objective of having a final report July 9, 2019 Circuit Clerks Association to assist in moving from the Child Support Guidelines Commission, Call to Order and Roll Call the program forward without interfering with complete with all public feedback, by the end of The second meeting of the Budget Review the operations of the courts. October. Subcommittee on Transportation of the Interim In response to questions from Chair Higdon, Child Support Enforcement and Joint Committee on Appropriations and Revenue Commissioner Henderson said the standard Guidelines: Child Support Enforcement was held on Tuesday, July 9, 2019, at 10:00 AM, in credential only requires the current drivers’ Stacy Tapke, Kenton County Attorney, Room 131 of the Capitol Annex. Senator Jimmy license for renewal, and the REAL ID requires stated that the county attorneys are in complete Higdon, Chair, called the meeting to order, and more documentation. If the name on a birth and whole agreement that these guidelines must the secretary called the roll. certificate or social security card is different than and need to be updated. Present were: the person’s current name, a bridging document Chairman Petrie asked if members had Members: Senator Jimmy Higdon, Co- will be required, such as a marriage certificate. questions for any of the presenters. Chair; Representative Sal Santoro, Co-Chair; Chair Higdon commented that not everyone is Senator Webb stated that indigency Senators Stan Humphries, Christian McDaniel, required to have the federally-compliant REAL standards need to be set and adhered to, and and Max Wise; Representatives Chris Fugate, ID credential, and it is imperative that the public these issues need more committee time to Thomas Huff, John Sims Jr, and Ken Upchurch. be educated on their options, as it can be very

THE KENTUCKY GENERAL ASSEMBLY 17 confusing. adjourned at 11:16AM without objection. there are always openings that support other, Department of Aviation more low-density functions. Commissioner Todd Bloch provided a INTERIM JOINT COMMITTEE In response to a question from brief overview and update of aviation projects ON APPROPRIATIONS AND Representative Miller, General Hogan said that, throughout the state. even though AC-130 Gunships are not housed REVENUE In response to questions from Senator Budget Review Subcommittee on General in Kentucky, a hangar is necessary for servicing Humphries, Commissioner Bloch said out of the Government, Finance, Personnel, and Public them. 57 publically-owned airports, 51 of those are for Retirement In response to a question from Representative general aviation use only and not for commercial Minutes of the 2nd Meeting Bratcher, General Hogan said the $15 million airline use. All 57 are eligible for state funding, of the 2019 Interim of annual state funds is approximately seven and four of those are owned by the state. Fifty- July 9, 2019 percent of the overall agency budget. one are managed by volunteer boards, led by a Call to Order and Roll Call In response to a question from local mayor or judge-executive. Those boards The second meeting of the Budget Review Representative Meredith regarding a veteran’s could possibly take advantage of Public- Subcommittee on General Government, military records, General Hogan said the veteran Private Partnerships (P3s) or other financing Finance, Personnel, and Public Retirement of could call his office for further information. opportunities. the Interim Joint Committee on Appropriations Representative Stone commented that the Representative Fugate expressed his and Revenue was held on Tuesday, July 9, 2019, sale of specialty license plates could be one way appreciation of the resurfacing and lighting at 8:00 AM, in Room 131 of the Capitol Annex. to collect revenue for the DMA. projects that were completed recently at the Senator Robby Mills, Chair, called the meeting to Department of Veterans’ Affairs (DVA) Hazard airport. The relocation of the Eastern order, and the secretary called the roll. Commissioner Ben Adams, BG, US Army Kentucky University aviation mechanic program Present were: (Ret), gave an overview of the DVA and its to Hazard would prove to be very beneficial to Members: Senator Robby Mills, Co-Chair, budgetary issues. the southeastern Kentucky region, as well. and Representative Jim Stewart III, Co-Chair; In response to a question from Senator In response to a question from Chair Senators Julie Raque Adams, Reginald Thomas, Thomas regarding the locations of the Higdon regarding the funding of T-hangars, and Phillip Wheeler; Representatives Kevin D. five Veterans’ Cemeteries in Kentucky, Commissioner Bloch said the Federal Aviation Bratcher, Joe Graviss, Mark Hart, Adam Koenig, Commissioner Adams said Hopkinsville is the Administration (FAA) does not fund anything Michael Meredith, Jerry T. Miller, Patti Minter, location in the west, Radcliffe is the central that generates money, and T-hangars can Wilson Stone, and Nancy Tate. location, Williamstown is in the north, Hyden is be a major source of revenue for general Guests: Major General Steve Hogan, the southeast location, and Greenup County is aviation airports. A ten-bay T-hangar would Adjutant General, Department of Military Affairs the location in the northeast. cost approximately $600,000 to $750,000 to (DMA); Commissioner Ben Adams, BG, US In response to a question from construct. Each categorized airport receives Army (Retired), Department of Veterans’ Affairs Representative Meredith, Mr. Bowman said the federal funding in the amount of $150,000 per (DVA); Dean Stoops, Deputy Commissioner, Bowling Green project is now on the federal year for safety projects as required by the FAA, DVA; and, Mark Bowman, Executive Director, Priority One list, which means that it is eligible and any remaining funds could be spent on an Veterans’ Centers, DVA. for matching funds when they become available. as-needed basis. The airport could save up those LRC Staff: Emma Mills, Liz Columbia, and In response to a question from Representative federal funds, and at the end of four years would Spring Emerson. Minter regarding the difficulty of identifying have enough to construct a T-hangar; however, Approval of Minutes women veterans, Commissioner Adams said oftentimes that money is used for other needs. A motion was made by Representative they are encouraged to come forward, but they Most of the general aviation airports have waiting Koenig to approve the minutes of the June 4, sometimes feel disconnected and not part of a lists for airplane storage. 2019 meeting. The motion was seconded by group. In addition, their current address may In response to a question from Chair Representative Minter, and the minutes were not be the same as the address available on their Higdon regarding local taxing districts and the approved by voice vote without objection. DD-214 discharge form. Also, men tend to join use of those revenues, Commissioner Bloch Department of Military Affairs (DMA) veterans support organizations more often than replied that he will provide more information at Adjutant General Steve Hogan gave an women do. a later date. overview of the DMA and its budgetary issues. In response to a question from In response to a question from Co-Chair Chair Mills expressed his appreciation for Representative Koenig, Commissioner Adams Santoro, Commissioner Bloch said the majority the DMA cooperating with officials in Crittenden said that staff at the Veterans’ Centers are state of communities in Kentucky can support their County as they work through some issues with employees and are paid from the General Fund. local airports, but there are a few that are at risk the courthouse. Mr. Bowman added that operations support for due to a lack of leadership at the airports and In response to a question from Co-Chair the DVA consists of approximately 20 percent the loss of federal funding. Mr. Farmer added Stewart regarding the amount of voluntary from the General Fund, with the remainder that they are working with local governments in donations made to the Veterans’ Trust Fund, coming from VA per diem payments, Medicare applying for grants and other means of funding, General Hogan deferred to Commissioner and Medicaid payments, private pay, and service- such as P3 opportunities. Adams, KVA, who said a breakdown of that fund connected disability. Adjournment will be provided at a later date. In response to a question from Senator There being no further business before the In response to a question from Wheeler, Commissioner Adams said DMA subcommittee, a motion was made by Co-Chair Representative Miller regarding personnel believes there are approximately 600 homeless Santoro to adjourn. The motion was seconded by vacancies, General Hogan said the highly veterans in Kentucky, of whom about 12 percent Representative Upchurch, and the meeting was technical positions are difficult to fill; however, are disabled. Outreach efforts include assistance

18 2019 Interim LEGISLATIVE RECORD with job searches and housing. and Julie Greenwell, St. Joseph Children’s Home; The study group organized its In response to a question from Senator and Mollie Cole, foster parent. recommendations relating to performance- Thomas, Commissioner Adams said there LRC Staff: Ben Payne and Gina Rigsby. based contracting for licensed child-caring are about 200 World War II veterans alive in Election of Senate Co-Chair facilities and child-placing agencies within four Kentucky and fewer than 400,000 in the US. A motion was made by Senator Westerfield overall categories: a focus on the performance- In response to a question from Co-Chair and seconded by Senator Harper Angel to based model and fiscal design, performance Stewart, Commissioner Adams said armory nominate Senator Tom Buford as Senate Co- monitoring and quality improvement, resource managers set rates for armory rentals and the Chair. A motion was made by Senator Westerfield and infrastructure needs, and partnerships money goes into that armory fund. and seconded by Senator Harper Angel that and collaboration between public and private In response to questions from Chair Mills, nominations cease and Senator Buford be elected partners. The recommendations take into Commissioner Adams said the Veterans’ Centers Senate Co-Chair by acclamation. account historical efforts in Kentucky, other not being filled to capacity is due to budgetary Approval of Minutes state’s experiences and outcomes, the landscape limitations for salaries and personnel vacancies. A motion to approve the minutes of the of child welfare today and the transformation, An increase of $25 million in the General Fund November 19, 2018 meeting was made by Senator and are intended to be reviewed and considered is needed to be competitive. Buford, seconded by Senator Westerfield, and as a whole, not mutually exclusive of each other. In response to a question from Representative approved by voice vote. The study group determined that implementing Tate, Commissioner Adams said full capacity Performance-based Contracting and performance-based contracting is a promising cannot be reached without additional staff. Privatization of Child Welfare Services fiscal strategy to aid in Kentucky’s child welfare Adjournment Eric T. Clark, Commissioner, Department transformation and achieve the cabinet’s priority There being no further business before the for Community Based Services, Cabinet for outcomes to safely reduce entries into foster care, subcommittee, the meeting was adjourned at Health and Family Services, Jennifer Hall, MSW, improve timeliness to appropriate permanency, 9:13AM without objection. Executive Director, Key Assets Kentucky, and and reduce caseloads for the child welfare Grace Akers, MDIV, Chief Executive Officer, St. workforce. Performance-based contracting CHILD WELFARE OVERSIGHT Joseph Children’s Homes, testified that House aligns well with the implementation of the AND ADVISORY COMMITTEE Bill 1 from the 2018 Regular Session established federal Family First Prevention Services Act by Minutes the Child Welfare Oversight and Advisory investing more in family preservation services July 8, 2019 Committee, gave attention to state social service and ensuring that children and youth in care Call to Order and Roll Call worker caseloads, updated the delivery of are placed with families in the least restrictive The Child Welfare Oversight and Advisory family preservation services for children and settings possible. A strong collaboration between Committee meeting was held on Monday, July parents, streamlined processes for foster and public and private agencies will be essential 8, 2019, at 1:00 p.m., in Room 129 of the Capitol adoptive parents, established a putative father for this improvement in outcomes and the Annex. Representative David Meade, Co-Chair, registry, and mandated the cabinet designate advancement of service delivery for children and called the meeting to order at 1:11 p.m., and the a study group to make recommendations families. secretary called the roll. regarding the creation and implementation of In response to questions by Senator Present were: performance-based contracting for licensed Westerfield, Commissioner Clark stated that the Members: Representative David Meade, child-caring facilities and child-placing agencies cabinet will use performance based measures Co-Chair; Senators Tom Buford, Denise in the Commonwealth and the feasibility and for its own services that are the same as services Harper Angel, Reginald Thomas, and Whitney implementation of the privatization of all foster used by private providers. Ms. Hall stated that Westerfield; Representatives Angie Hatton, and care services in the Commonwealth. there has to be a period of time to see if the data Joni L. Jenkins. Facilitated by representatives from Chapin can be gathered and ensure that it is accurate. Guests: Adam Meier, Secretary, and Kristi Hill at the University of Chicago, the performance There has not been a point person to measure Putnam, Deputy Secretary, Cabinet for Health based contracting study group met five times performance data before. Some data is monitored and Family Services; Eric T. Clark, Commissioner, between September 2018 and November 2018 on a check box form but data has not been and Elizabeth Caywood, Deputy Director, to produce its report. The study group looked measured before related to performance as it Department for Community Based Services, at previous efforts to explore performance- pertains to the contract. Adam Meier, Secretary, Cabinet for Health and Family Services; Grace based contracting conducted by the Kentucky Cabinet for Health and Family Services, stated Akers, MDIV, Chief Executive Officer, Barb Child Welfare Performance and Accountability that when performance based funding was done Carter, and Julie Greenwell, St. Joseph Children’s Partnership and learned from other information for the universities in the past, one of the things Home; Jennifer Hall, MSW, Executive Director, states about recommendations related to implemented was the hold harmless rule that Key Assets Kentucky; Krista Thomas, Policy performance-based contracting. The study allows for a transition period so there are not Fellow, Chapin Hall at the University of Chicago; group reviewed the literature and best practices drastic fluctuations in budgets during the first Judge Sheila Farris, Henderson County Family associated with performance-based contracting, year of a budget. It can be set up in such a way Court Judge, Kentucky 51st Judicial Circuit; reexamined the research and findings of that new market entrants would have a baseline Kelly Stephens, Governmental Affairs Liaison, past experiences, and applied discussions to and still remain competitive. The cabinet does Kentucky Administrative Office of the Courts; Kentucky’s system and current transformation. not want to cause a drastic disruption in the Rachel Bingham, Executive Officer of Family On November 30, 2018, the report was submitted market where there would be a quick loss of and Juvenile Services, Kentucky Administrative to the Governor, the Interim Joint Committees providers especially in areas where there are not Office of the Courts; Tom Stevenson, State Chair, on Appropriations and Revenue, and Health, enough providers currently. Citizens Foster Care Review Board; Mollie Cole, Welfare, and Family Services, and the Child Senator Westerfield stated that the best foster parent; Liz McKune, Passport; Barb Carter Welfare Oversight and Advisory Committee. outcomes are what they are and a standard is a

THE KENTUCKY GENERAL ASSEMBLY 19 standard whether a provider meets it or not. Ms. by integrating performance standards into the department cannot hire as many staff as Hall stated that there are certain standards that do contracts with providers and linking financial needed, because there are caps on employment not have much room for flexibility, for instance incentives or disincentives with providers’ through the cabinet’s Office of Human Resources safety or abuse or neglect happening within the performance on identified targets. Management and Personnel Cabinet. The foster care system. A benchmark may have to be On June 28, 2019, the study group submitted department has to justify how many social set and some providers might not meet it. The its report to the Governor, the Interim Joint workers that can be hired. It makes no difference provider community does not want poor quality Committees on Appropriations and Revenue if an unlimited amount of staff could be hired providers, because it is not fair to the children and Health, Welfare and Family Services, and if there continues to be a low retention of the that are being served. Standards will need to be the Child Welfare Oversight and Advisory staff. It is not fair to a foster child to develop a determined, what is or is not acceptable, and Committee. The report included the following relationship with the caseworker only to have that the degree which is expected for improvements. recommendations: (1) expanding privatization caseworker leave and have to start all over with Senator Westerfield stated that discretion can be to all foster care services in Kentucky is not a new caseworker. If the cabinet does not change used or abused without controls and guidelines feasible at this time given the capacities that the culture in which a social worker operates, in place. need to be built within both the public and how they are equipped, and are supported by In response to questions by Representative private sector in order to be successful, (2) future strong leadership, the cabinet cannot retain Meade, Commissioner Clark stated that the efforts to expand privatization should include a experienced social workers. contracts with providers are renewed every state readiness assessment, a cost study, and a legal The department does not have the legal fiscal year. As part of the $34 million allocated review prior to implementation; (3) significant capacity to represent itself effectively when it by the General Assembly for performance investments of resources are needed within the comes to case management for children in foster based contracts to begin on July 1, 2019, two child welfare system to effectively prepare for care let alone shift it to the private sector. The performance measures, placement stability privatization which is not a cost-saving measure; department cannot compete with the private and positive discharge, will be monitored. The and (4) consider a modular approach to expanded sector. The department needs to build a data cabinet is bringing in some experts to build upon privatization, a phased-in implementation information system that is compatible with the capacity within DCBS to do performance plan, and preliminary consideration of specific information entered by provider and compliance based contracting. The department does not dimensions of the child welfare continuum of with the federal Child Welfare Information have the capacity nor the expertise to monitor care to privatize. System (CWIS). Secretary Meier stated that the a performance based contract effectively. As The cabinet is committed to building a child data entry from all providers has to be compatible resources are available, the cabinet will continue welfare system reoriented around preventive for all of them. It is going to take time to invest in full implementation. services. In State Fiscal Year 2019, DCBS the compatible infrastructure between systems. Commissioner Clark, Ms. Hall, and spent $409,947,786 on out-of-home care costs There could be long-term savings, but it will take Ms. Akers testified that in January 2019, the compared to $14,707,255 spent on preventive several years for the outcomes to accrue savings. privatization study group reconvened to make services. Recognizing the trauma experienced Private providers are not currently providing recommendations relating to the feasibility of when a child is removed from their home and case management services for the department. the full privatization of child welfare services family, the study group expressed its desire to Ms. Hall stated there is a difference for caring in Kentucky. The study group reviewed the turn those figures around and spend more on for children and youth and case management literature on the privatization of child welfare preserving families and preventing removal in responsibilities that comes with historical services, heard from two expert panels of a safe manner. Kentucky’s outcome data show knowledge. If case management responsibility is public and private child welfare agency leaders, consistently positive outcomes for families that given to private providers, the liability is shifted and applied the findings to the child welfare receive family preservation services. The study too. The private provider would not be able to system in Kentucky and the transformation it group would like to see increases in family have a cabinet attorney represent them. There is undergoing. Like most child welfare systems preservation resources and supports available are insurance companies around the country nationally, Kentucky has already privatized a to families post-permanency, whether that be that refuse to insure providers that take on substantial amount of foster care services. Over adoption, guardianship, or reunification to this level of risk and responsibility. Currently half of children and youth in out-of-home care prevent a re-entry into care. The study group there is no case management being provided by in Kentucky are placed in private agency homes stressed the importance of expanding the private providers for entire families, just for the or facilities. It is common for child welfare Kentucky service array so that it aligns with the children. Krista Thomas, Policy Fellow, Chapin agencies, including Kentucky, to privatize a identified needs of the child welfare population Hall at the University of Chicago, stated that it is substantial portion of its child welfare services, across the continuum of care. Kentucky needs a remarkably profound shift of responsibilities to including child placement, support to resource more appropriate placements for children, foster private providers. There is a tremendous amount families, and clinical service provisions. In a families to come along side birth families to do of child welfare services for children currently majority of states, including Kentucky, the public what is best for the children, and to do a better privatized in Kentucky, but none for entire child welfare agency retains case management job recognizing foster and kin caregivers as families. responsibility and oversight of day-to-day valued contributors. As the public and private Secretary Meier stated that the next step activities of child welfare cases. Only Florida and sector works together along with key partners would be to implement the recommendation Kansas have pursued system-wide privatization, to transform the existing child welfare system, for any future efforts to expand privatization including contracting out all case management an environment will be created that promotes in Kentucky should first include a readiness services. There are different payment structures learning rather than fault-finding and blame was assessment, a cost study, and a legal review. that each carry its own risks and rewards. One universally identified as essential. Commissioner Clark stated that minutes of these is performance-based contracting, In response to questions by Senator were not taken at the meetings, but it was a designed to improve child and family outcomes Westerfield, Commissioner Clark stated that unanimous vote on the recommendations by

20 2019 Interim LEGISLATIVE RECORD both the performance based contracts and her court are the dependent and neglect and Guests: Deck Decker, Interim Executive privatization work group members, but not the abuse docket and the termination of parental Director; Mike Hayden, Chief Operating contributing participants. He is not aware of rights docket. The Kentucky Revised Statues Officer; Kentucky Communications Network anyone who disagreed or had concerns with the (KRS) states that within 45 days of the issuance Authority; K. Gail Russell, Secretary, Public recommendations of either report. of emergency custody order or 60 days if there Protection Cabinet; Steve Milby, Commissioner Commissioner Clark stated that House is not an emergency custody order that there of the Department of Housing, Buildings, and Bill 158 from the 2019 Regular Session and the will be adjudication and disposition of a case. Construction; Michael Haney, Director of Family First Prevention Services Act required The only person that can waive the timeframe Division of Fire Prevention, State Fire Marshal. fingerprinting for child-caring facilities. The is the guardian ad litem for the child. House LRC Staff: Greg Hager, Committee Staff cabinet has to receive final approval from the Bill 1 includes language that the testimony of Administrator; Chris Hall; Van Knowles; Jean Federal Bureau of Investigations (FBI) in order the person allegedly responsible for the abuse Ann Myatt; Sarah Ortkiese; Jeremy Skinner; to conduct the fingerprinting. The department and neglect cannot be used against them in a William Spears; Shane Stevens; Susannah is processing the backlog of fingerprints within criminal proceeding. Having this language has Stitzer; Joel Thomas; and Kate Talley, Committee 2 to 7 days while waiting on approval from been beneficial in moving cases forward, moving Assistant. the FBI. The department has some electronic children through the judicial system quicker, Minutes for May 9, 2019 support so fingerprinting is not all paper based. and making sure that everyone is working their Upon motion by Rep. Fugate and second Elizabeth Caywood, Deputy Commissioner, case plan to get the child back into the home. by Representative Rothenburger, minutes for Department for Community Based Services, Fifteen out of the most recent 48 months verses the May 9, 2019 meeting were approved by voice Cabinet for Health and Family Services, stated 15 out of the most recent 22 months makes it vote without objection. the technology has been deployed for electronic beneficial for long-term outcomes and whether Staff Presentation: KentuckyWired Status child abuse and neglect background checks, and actual termination of parental rights is the most Update the department is in the process of training staff appropriate measure for a particular family. Mr. Knowles said the committee had voted and issuing communications to the public and Termination of parental rights is a great concern to study KentuckyWired at its June 2018 meeting. providers. The agency will conduct fingerprint for judges. A case management conference is set The Auditor of Public Accounts has issued a report background checks for its employees. in cases to protect rights. on its own investigation, which was presented In response to questions by Senator Courts check the putative father registry to the committee in October 2018. Program Thomas, Commissioner Clark stated that federal to see if someone has placed their name on the Review’s investigation has focused primarily funding for foster care and child welfare systems registry and claimed they could be the father of a on risk allocation, financing, future prospects, has always been tied to a bad outcome and child. By June 2019, there were 27 putative father and procedural matters. Program Review staff forcing child welfare agencies to be reactionary. paternity actions filed in Henderson and only 25 plan to pursue additional lines of investigation, Something bad and traumatic has to happen in total filed in 2018. If there is a case where child including aspects of the procurement, which order to get Title IV-E funding associated for support will be enforced through the Cabinet remains a focus of the auditor. the services that are needed. The federal Family for Health and Family Services, there will be He described the time line of the project, First Prevention Services Act will allow states no payment for the DNA fee by either parent. beginning with concept development in 2011 or to leverage Title IV-E funding for prevention Children deserve to have a two-parent family early 2012 for a statewide middle mile network services. On October 1, 2019, Kentucky will whether the father and mother are together or to provide high-speed broadband to which implement the federal Family First Prevention not. Court Appointed Special Advocate (CASA) local providers could connect. In early 2014, Services Act. is usually in court and if not, a report has been Columbia Telecommunications began to gather In response to questions by Representative submitted. information and assist in developing a request Meade, Secretary Meier stated that recruitment Adjournment for proposals for a public-private partnership and certification is one area that does not require There being no further business, the meeting (P3). By late 2014, a contract had been awarded as much of a common infrastructure. Moving was adjourned at 3:12 p.m. to Macquarie Infrastructure Developments. The children that are not in need of residential scope of work was “to explore the feasibility of services to the private sector, infrastructure PROGRAM REVIEW AND the finance, design, construction, operation, investments will be needed so everyone is using INVESTIGATIONS COMMITTEE maintenance, and refreshing” of the network. the same systems. The cabinet has a Request Minutes During 2015, Macquarie and the state negotiated for Proposal (RFP) in this arena for a managed June 7, 2019 plans for financing and carrying out the project. care organization (MCO) that take care of foster Call to Order and Roll Call The parties rewrote the contract as a new structure children. Ms. Akers stated that independent The Program Review and Investigations of several contracts specifying a construction living services are currently being done by a pilot Committee met on Friday, June 7, 2019, at 8:00 cost of nearly $275 million. The contracts, program for post adoption or post permanency AM, in Room 131 of the Capitol Annex. Senator which also created the complex structure of services. Commissioner Clark stated that the Danny Carroll, Chair, called the meeting to KentuckyWired, were signed in early September cabinet did a request for information (RFI) to order, and the secretary called the roll. after several series of bonds were sold for more look at recruitment and certification in Jefferson Present were: than $313 million. The Macquarie consortium County. Members: Senator Danny Carroll, Co- contributed $6.5 million as equity. Child Welfare Court Case Process and Chair; Representative Rob Rothenburger, Co- Within 4 weeks of the 2015 bond sale came Procedure Update Chair; Senators Reginald Thomas, Stephen the first of many claims requesting schedule Judge Sheila Farris, Henderson County West, and Phillip Wheeler; Representatives Lynn changes and additional compensation that Family Court, Kentucky 51st Judicial Circuit, Bechler, Chris Fugate, Al Gentry, and Ruth Ann eventually were estimated to be more than stated that some of the timeliest things done in Palumbo. $191 million. The planned completion date of

THE KENTUCKY GENERAL ASSEMBLY 21 July 2018 was missed. During most of 2018, Mr. Knowles said the 55 percent is not at risk built, and construction in western Kentucky, Mr. the parties negotiated a settlement that reduced because of the AT&T contract, but the state has Knowles said that KCNA officials may be able to the payments to $101 million and changed the the option to move service for state agencies to answer. Senator Thomas said the focus should be contracts to reduce future problems. The General another provider. Higher education can do the on how this project can be moved forward. Assembly authorized $110 million of additional same. Some potential customers have expressed Senator Carroll said the focus for this borrowing to cover the settlement and future concern about reliability should that occur. investigation is on the poor decisions that have supervening events. This year, the Kentucky In response to questions about the agreement led to the state of the project and the lessons to Communications Network Authority (KCNA) with the Center for Rural Development, Mr. be learned from that. The focus is not to make is seeking ways to borrow funds to cover the Knowles said he cannot speculate as to why the recommendations or decisions on the project settlement payments. The revised completion agreement came to be. The center would receive moving forward. date is October 2020. 100 percent of wholesale revenue from the In response to questions from Representative The financing method Macquarie proposed eastern Kentucky portions of the project and 50 Rothenburger about the Center for Rural was and is common for P3s. Technically, percent of the wholesale revenue from the I-75 Development agreement, Mr. Knowles said staff borrowing was “non-recourse,” meaning the corridor. The state would get 100 percent of the are looking into the wholesale revenue the center lenders cannot turn directly to the state if revenue from western Kentucky. Sen. Carroll would receive and the status of the agreement. project revenues are insufficient to pay the debt. said that there are concerns than the western The center provided $23.5 million of federal However, the state promised to make availability Kentucky ring will be completed, which means grant funding, for which the memorandum of payments starting when the first network that, at most, the state would be getting one half agreement established the rules for the state to sections became operational and continuing of the revenue. receive it. The addendum was apparently added for the 30-year term. State officials assumed In response to questions from Senator later; Program Review staff do not know when. that all state agencies, K-12 schools, and higher Carroll, Mr. Knowles said that the project The federal grant money is not linked to the education would use the new network, so existing agreement requires that refreshes be done every addendum. Mr. Skinner said the state will receive broadband spending could cover the availability 10 years. There are indications that more frequent the federal grant money upon the completion of payments indefinitely. However, the Kentucky refreshes will be needed to be competitive. Mr. Ring 1B in eastern Kentucky. Department of Education warned that it could Skinner said that the settlement agreement In response to questions from Representative not just switch to a new network because of rules did not change the intervals at which the Rothenburger, Mr. Knowles said KCNA has governing the federal E-rate rebate program. The KentuckyWired system would be refreshed. Mr. testified that there has been interest by parties in state attempted and failed to cancel the existing Knowles said that staff did not know whether the buying wholesale service. Staff have not looked AT&T contract in order to award a new contract current technology being installed is the same into marketing of the wholesale fiber. to KentuckyWired. The state’s share of wholesale technology that was purchased at the beginning In response to questions by Representative revenue from the leasing of extra capacity, of the project. Rothenburger as to when risks were mentioned projected by Macquarie to be more than $1 Senator Wheeler asked whether the project’s to the state, Mr. Knowles said Columbia billion, was seen as supplemental income for the justification has changed, and if not, has there Telecommunications outlined many issues in state. has been any investigation into the services being May 2014 to state officials. Concerns about risks Mr. Skinner described conclusions and provided to underserved areas and alternatives were also mentioned in responses to the request findings related to financing and funding, and to KentuckyWired. Mr. Knowles said that staff for information. Mr. Knowles said that Program policies and procedures. Mr. Knowles described have been unable to answer the question about Review staff do not know whether the risks were conclusions and findings related to project current provision of services, in part because properly assessed before the decision was made structure and risks, and project justification. information about current middle mile service is to move forward with the project. In response to a question from Senator proprietary. Senator Wheeler said that Internet Representative Rothenburger commented Carroll about the staff’s process for the service in Pikeville, where he is from, is terrible. that before 2015 a superintendent had expressed investigation and any impediments to it, Mr. He said that it seemed that service would already concern to him about how devastating it would Knowles said that staff have primarily reviewed have been provided to underserved areas if be to local school districts to lose E-rate funding. documents and have conducted some interviews. providers were capable of doing so. He asked In response to a question from Senator Potentially, there will be over 1 million emails to whether the fact that there are underserved Carroll, Mr. Skinner said that there are review. Claims of attorney-client privilege have areas is a justification for KentuckyWired. Mr. contractual elements for the private partner been an issue. Knowles said that staff are not able to speculate investment and the return on that investment. In response to questions from Senator as to the status of the current service providers in The return on investment will come from state West about the AT&T contract, Mr. Knowles the state, but it would be up to the local service payments. said the Finance and Administration Cabinet providers to build the last mile service and In response to questions from Senator West, issued a request for proposals (RFP) in 2015 connect to the KentuckyWired network. Mr. Skinner said the $23.5 million in funding for providing Internet service to state agencies, In response to a question from Senator from the center will go to the design builder, higher education, and K-12 schools. AT&T, the West, Mr. Knowles said that income from state not the general fund. This is typical for a public current provider, protested. The cabinet canceled agencies is not included in the revenue shared private partnership. The private partner has not the RFP. with the Center for Rural Development, which made its full $6 million contribution at this time, In response to questions from Senator receives a share of wholesale revenue. it is on a schedule. West about the 55 percent of revenue not In response to questions from Senator Senator Carroll requested that accounted for by K-12 schools, Mr. Skinner said Thomas about why the KentuckyWiredrepresentatives from KCNA give a brief update that it primarily represents the cost of internet project cannot rework projections, whether on where the project is and when the state can service for state agencies and higher education. the technology can be tested as the network is expect it to be online. Mr. Hayden said the

22 2019 Interim LEGISLATIVE RECORD network is still scheduled to be completed by to 27 in 2019. Because nonsalary costs such as Representative Rothenburger about software October 2020. It is typical to do a project like pension contributions have increased, personnel updates by the state fire commission, Mr. Haney this in phases. Ring 1A and 1B will be done costs have not decreased as much as the number said that the Department of Housing, Buildings, simultaneously and the central Kentucky ring of personnel. Ms. Russell said that the decrease and Construction has its own software, so his will be done a month after. Contractors have in resources limits what the division can do. As a division is not connected to the fire commission’s been working faster than scheduled. result, there will be a request for up to $3 million system. Senator Carroll said that the problem is not in additional revenue for the next biennium. Representative Rothenburger asked if the the current officials. The committee is looking at In response to questions from Senator division has adequate staff to implement the past decisions and contracts. Carroll, Mr. Haney said that local inspectors do school safety legislation. Mr. Haney said that to Mr. Decker said the project has worked not have time to perform inspections outside of do annual inspections of prioritized buildings, through most of the delays, but western Kentucky their districts. which includes schools, daycares, and hospitals, will present challenges. All the contracts are In response to Senator Carroll’s question they have to deprioritize smaller places of not in place there but will be soon. Ring 1A is about the details of the $3 million request, Mr. assembly. being tested now. Mr. Hayden said Ring 1A Milby said it includes $150,000 for each of the 10 Senator Carroll asked if the department has to be brought up first because it has the inspectors who would be hired, which includes has run numbers based on charging a fee for Commonwealth Data Center. vehicles, equipment, fringe benefits, and pension. inspections. Mr. Haney said that they had not In response to a question from Senator West, The cost for each of the three office personnel is done one but would try to get those numbers to Mr. Hayden said approximately 1,500 miles have $75,000. The remainder would be for training. the committee. been completed, which is nearly half the total. In response to a question from Senator Representative Bechler said that the In response to a question from Wheeler about training, Mr. Haney said appropriation for fiscal year 2020 will be Representative Gentry, Mr. Decker said that the the training includes doing inspections, fire 2.8 percent greater than fiscal year 2019. October 2020 completion date is realistic. The schools, and teaching volunteer firefighters to Representative Bechler said there was a 2.3 only concern is Ring 4, which is the only possible do investigations. Training is free and open percent average increase from fiscal year 2016 to delay if the contract is not established. to the public. Ms. Russell said the fire marshal fiscal year 2020. Mr. Milby said that is correct. Senator Thomas said he is encouraged by takes over inspections once the building is not Representative Bechler asked for fire prevention what Mr. Hayden and Mr. Decker have said. new construction. Mr. Haney said the growth in personnel costs for fiscal year 2020. Mr. Milby He asked if projections of revenues have been technology and complexity of buildings is why said that he will provide this information. In done and if those revenues are more or less more assistance is needed. response to a question from Representative than the original $1 billion. Mr. Hayden said Senator Carroll asked why there is no fee Bechler, Mr. Haney said that fire protection is in several conditions have changed in the past 5 charged for the inspections and whether other the KERS Nonhazardous system. years. Internet rates have dropped across the states charge for inspections. Mr. Milby said In response to questions from Representative state. KCNA is looking at market conditions and this is because of statute. Mr. Haney that the Gentry about people assembling in large original projections. They are working to get the focus is on public protection. Mr. Haney said numbers in the capitol, Mr. Haney said the projections done but do not have them today. Virginia and West Virginia have minimum fees; authority lies with the state police. Fire marshals In response to questions from Representative some local jurisdictions in other states have fees. give numbers for specific areas and areas that Bechler about the settlement contracts, Mr. Ms. Russell said there is a distinction between should be kept clear in case of an emergency. He Hayden said the settlement contracts have been charging a fee related to new construction, said that if it were up to the fire marshals, they signed and have paid $9.5 million to $10 million in which case the facility cannot open until would remove people from where there is no so far. the inspection takes place and is paid for, and exit. They work with police and try to enforce the Senator Carroll said that some legislators existing buildings, which may be impractical to code as compassionately as possible. In response are ready to pull the plug on this project. He close if the fee is not paid. to Representative Gentry’s question, Mr. Haney said it is crucial to complete the area west of I-75 In response to Representative said that building codes and regulations are to generate revenue. Mr. Hayden said that not Rothenburger’s questions about the sources mostly from the state. completing areas west of I-75 will create issues, of restricted fund revenue, Mr. Milby said that Representative Gentry said he had a press for example, only having half of the community this includes hazmat inspections and fuel tank conference held on the House floor that multiple college campuses in the system. inspections. The decline in fire prevention people in wheelchairs could not access. In Senator Carroll said that there will be revenue is partly because of the end, because response his question about the Americans with discussions as to how the committee should of a lack of personnel, of a memorandum of Disabilities Act (ADA), Mr. Milby said new proceed from here. agreement the division had to do sprinkler buildings meet the requirements of the act. If Overview of State Fire Marshal’s Office inspections for state-owned buildings. there are changes in the use of a building, the Ms. Russell introduced herself, Mr. Milby, Representative Rothenburger asked about building must be brought into compliance with and Mr. Haney. Mr. Haney described how the the status of doing building plan reviews. Mr. the ADA. Older buildings present a challenge. Division of Fire Prevention accomplishes its Milby said that the Department for Building Mr. Haney said that fire marshals ensure that mission through inspections, education, and Codes has more personnel than before. There buildings’ ADA compliance is maintained coordination with local fire departments and was a backlog, in part because of increased but cannot make buildings install new ADA the organizational structure of the division. Mr. construction and retirements in the department. elements. Milby provided an overview of the downward Mr. Milby said that currently the department Senator Carroll thanked the officials for their trend in restricted fund revenue for the division takes 20 days for plan review and is moving testimony and complimented field inspectors and described funding challenges. The number toward 7 to 10 days. with whom he has interacted. of personnel in the declined from 40 in 2017 In response to a question from The meeting was adjourned at 10:02 AM.

THE KENTUCKY GENERAL ASSEMBLY 23 A motion was made by Senator Carroll 1900004404; QK4, Inc., 1900004406; Haworth GOVERNMENT CONTRACT to consider as reviewed the Correction List. Meyer Boleyn, Inc., 1900004408; Integrated REVIEW COMMITTEE Representative Fugate seconded the motion, Engineering, 1900004410; Neel-Schaffer, Inc., Committee Minutes which passed without objection. 1900004684. June 11, 2019 DEPARTMENT OF INSURANCE Call to Order and Roll Call GLDD Independent Contractor, LLC, The Government Contract Review THE FOLLOWING PERSONAL 1800001865-1. Committee met on Tuesday, June 11, 2019, at SERVICE CONTRACTS WERE REVIEWED 10:00 AM, in Room 131 of the Capitol Annex. WITHOUT OBJECTION: DEPARTMENT OF JUVENILE JUSTICE Senator Stephen Meredith, Chair, called the DX Consultants, LLC, 1900004175. meeting to order, and the secretary called the ADMINISTRATIVE OFFICE OF THE roll. COURTS EASTERN KENTUCKY UNIVERSITY Present were: National Center for State Courts, BioMedical Research Services, 20-184; Members: Senator Stephen Meredith, 1900004405; Dean Dorton Allen Ford, PLLC, Dynamix Productions, Inc., 20-243; Crowe, LLP, Co-Chair; Senators Julian M. Carroll, Paul 1900004747; Sturgill, Turner, Barker & Moloney, 20-244. Hornback, and Phillip Wheeler; Representatives PLLC, 1900004748. FINANCE - OFFICE OF THE SECRETARY Charles Booker, Chris Fugate, and Mark Hart. Smith Cashion & Orr, PLC, 1900004383. Guests: Lesa Dennis, Toby Smith, Melissa BEHAVIORAL HEALTH, DEVELOPMENTAL & INTELLECTUAL Young, Travis Powell, Charles Harman, Krista JUSTICE - OFFICE OF THE SECRETARY DISABILITIES Hall, Greta Hylton, Brian Mefford, Mike Balance Dynamics Motorcycle Training National Council for Behavioral Health, Denney, Gary Ruskowski, Greg Woosley, Bart Center, Inc., 1900003761. Hardin, Craig Collins, Barry Swanson, William 1900004289. KENTUCKY FISH AND WILDLIFE Thro, Mike Tuggle, Doug Thoroughman, Adam COUNCIL ON POSTSECONDARY RESOURCES Caswell, Mary Paula Schuh, Jenny Lafferty, EDUCATION Copperhead Environmental Consulting, Elizabeth Nichols, Brittney Allen, Jennifer QA Commons, Inc., 1900004198. Moore, and Stephanie Craycraft. Inc., 1900004326. LRC Staff: Kim Eisner, Jarrod Schmidt, and DEPARTMENT FOR COMMUNITY KENTUCKY LOTTERY CORPORATION Kim Smith. BASED SERVICES Waterfield Technologies (formerly PDT A motion was made by Senator Carroll to Specialized Alternatives for Families & Communications, LTD., 20-10-027; TEK approve Minutes of the May 2019, meeting of Youth of Kentucky, Inc., 1900003975. Systems, 20-11-040; Gaming Laboratories the committee. Senator Hornback seconded the International, LLC, 20-14-035; IGT Global motion, which passed without objection. DEPARTMENT FOR INCOME SUPPORT Center for Policy Research, 1900003844. Solutions Corporation f/k/a GTECH A motion was made by Senator Carroll Corporation, 20-15-001; Goldberg Simpson, to consider as reviewed the Personal Service DEPARTMENT FOR LOCAL LLC, 20-16-024-1; Bandy Carroll Hellige, 20- Contract List, with exception of those items GOVERNMENT 16-044-1; The Buntin Group, Inc., 20-16-044- selected for further review by members of the Roy W. Brothers, 1900004220. 2; Volta, Inc., 20-18-027; Senet International Corporation, 20-18-032; Blue & Company, LLC, committee. Representative Fugate seconded the DEPARTMENT FOR PUBLIC 20-18-046; Ellen Williams, 20-19-018-1; Akin motion, which passed without objection. ADVOCACY Gump Strauss Hauer & Feld, LLP, 20-19-018-2. A motion was made by Senator Carroll Ira Mickenberg, 1900004070. KENTUCKY STATE POLICE to consider as reviewed the Personal Service DEPARTMENT FOR WORKFORCE Paul Doublin, 1900004305. Contract Amendment List, with exception INVESTMENT of those items selected for further review by The Urban Institute, 1900003255; Deloitte KY INFRASTRUCTURE AUTHORITY members of the committee. Representative Consulting, LLP, 1900003512. Dean Dorton Allen Ford, PLLC, Fugate seconded the motion, which passed 1900004195. without objection. DEPARTMENT OF EDUCATION Literacy Design Collaborative, Inc., MURRAY STATE UNIVERSITY A motion was made by Senator Carroll 1900004143; Kentucky Council for Children Primary Care Medical Center, LLC, 011-20. to consider as reviewed the Memoranda of With Behavior Disorders, 1900004183; Agreement List, with exception of those items University of Kentucky Research Foundation, NORTHERN KENTUCKY UNIVERSITY selected for further review by members of the 1900004294. Ruffalo Noel Levitz, 2019-140; Russ Potts committee. Representative Fugate seconded the Productions, Inc., 2019-141. motion, which passed without objection. DEPARTMENT OF HIGHWAYS Michael Baker International, Inc., PERSONNEL - OFFICE OF THE A motion was made by Senator Carroll 1900004308; Michael Baker International, SECRETARY to consider as reviewed the Memoranda of Inc., 1900004337; HDR Engineering, Korn Ferry Hay Group, Inc., 1900004230. Agreement Amendment List, with exception Inc., 1900004338; HDR Engineering, Inc., UNIVERSITY OF KENTUCKY of those items selected for further review by 1900004366; QK4, Inc., 1900004367; H. Able Engine, K19-239; Strand Associates, members of the committee. Representative W. Lochner, Inc., 1900004368; Vaughn and Inc., K19-240; 5280 Solutions, LLC d/b/a Fugate seconded the motion, which passed Melton, 1900004369; American Engineers, Inc., without objection. CampusGuard, K19-241; Volta, Inc., K19-242;

24 2019 Interim LEGISLATIVE RECORD Accomplice, LLC, K19-243; JMIS Kentucky, KENTUCKY EMPLOYERS MUTUAL BEHAVIORAL HEALTH, K20-101. INSURANCE DEVELOPMENTAL & INTELLECTUAL Dinsmore & Shohl, LLP, 19-DAS-001. DISABILITIES WESTERN KENTUCKY UNIVERSITY Green River Regional MHMR Board, Ukpeagvik Inupiat Corporation (UIC), KENTUCKY RETIREMENT SYSTEMS Inc., 1900004141; Western Kentucky Regional 182036; Kerrick Bachert PSC, 192001; Multi, Stoll Keenon Ogden, PLLC, 1900001016. Mental Health & Retardation Advisory Board, 192002; RATP DEV USA, Inc., 192005; Stokes KY COMMUNITY TECHNICAL 1900004144; Northern Kentucky Regional Production Services, Inc., 192006; Encompass Mental Health Mental Retardation Board, Digital Media, Inc., 192007. COLLEGE SYSTEM Crowe, LLP, 744. 1900004210; Cumberland River Behavioral Health, Inc., 1900004219. KY INFRASTRUCTURE AUTHORITY THE FOLLOWING PERSONAL SERVICE Dean Dorton Allen Ford, PLLC, BOARD OF CHIROPRACTIC AMENDMENTS WERE REVIEWED 1900001720. EXAMINERS WITHOUT OBJECTION: Department for Professional Licensing, MURRAY STATE UNIVERSITY 1900003599. ADMINISTRATIVE OFFICE OF THE Carrithers Law Office, PLLC, 003-15; DEPARTMENT FOR ENVIRONMENTAL COURTS Sturgill, Turner, Barker & Moloney, PLLC, PROTECTION Tad Thomas, 1600003867; Adams Stepner 007-17; Goldberg Simpson, LLC, 012-16; Rick University of Kentucky Research Woltermann and Dusing, 1600003912; Tad Walter/Boehl, Stopher and Graves, LLP, 013- Foundation, 1900003410; Jackson Purchase Thomas, 1700000454; Greenebaum Doll and 18; Rick Walter/Boehl, Stopher & Graves, LLP, Foundation, 1900004154. McDonald, 1700001370; Stoll Keenon Ogden, 015-18; Attain, LLC, 016-19; Boehl, Stopher & PLLC, 1700002948; Rubin & Hays, 1800001216. Graves, LLP, 017-15; Goldberg Simpson, LLC, DEPARTMENT FOR FAMILY RESOURCE 017-18. CENTERS & VOLUNTEER SERVICES BOARD OF EXAMINERS OF SOCIAL Multi, 1900003540. WORK TRANSPORTATION - OFFICE OF THE Scanlan Associates, LLC, 1800002292. SECRETARY DEPARTMENT FOR LOCAL McMurry and Livingston, 1800001376. GOVERNMENT DEPARTMENT FOR WORKFORCE Northern Kentucky Area Development INVESTMENT UNIVERSITY OF KENTUCKY District, 1900003305; Purchase Area Chua Corazon, 1800002206. Omni Architects, A141210; Huron Consulting, K19-104; Smith Management Development District, Inc., 1900003307; Perry DEPARTMENT OF EDUCATION Group, K19-168; Trimeric Corporation, K19- County Fiscal Court, 1900003655; Kenton Brian P. White, 1900000402. 172. County Fiscal Court, 1900003700; City of Brooksville, 1900003707; Ohio County Fiscal DEPARTMENT OF HIGHWAYS UNIVERSITY OF LOUISVILLE Court, 1900003809; Hickman County Fiscal J. M. Crawford & Associates, Inc., 1300000071; Multi, 19-013 A-O. Court, 1900003974; Union County Fiscal Court, QK4, 1400000709; QK4, 1500001396; Booker 1900004015; Rockcastle County, 1900004166; Engineering, Inc., 1500001398; Burgess and WESTERN KENTUCKY UNIVERSITY Wolfe County, 1900004292; Elkton-Todd Niple, Inc., 1600000845; QK4, Inc., 1600000935; Multi, 182014. County Industrial Foundation, 1900004321; Bacon Farmer Workman Engineering & Testing, Muhlenberg Alliance for Progress, 1900004324; Inc., 1600002442; Michael Baker International, Breathitt County Water District, 1900004353; Inc., 1600003185; Stantec Consulting Services, THE FOLLOWING MEMORANDA Ohio County Fiscal Court, 1900004365. Inc., 1800000302; American Engineers, Inc., OF AGREEMENTS WERE REVIEWED 1800001540. WITHOUT OBJECTION: DEPARTMENT OF CORRECTIONS Hope Center, 1900003977. DEPARTMENT OF MILITARY AFFAIRS ADMINISTRATIVE OFFICE OF THE DEPARTMENT OF EDUCATION Safe Transportation Training Specialists, COURTS Martin County Board of Education, LLC, 1900003414. Centerstone of Kentucky, Inc., 1900004709; 1900003556; Bullitt County Board of Education, Green River Regional MHMR Board, Inc., ECON DEV - OFFICE OF THE 1900003732; Harlan County Board of 1900004711; Transitions, Inc., 1900004713; SECRETARY Education, 1900003779; Grayson County Board Kentucky River Community Care, Inc., Eva Garland Consulting, LLC, 1900003200. of Education, 1900003780; Marshall County 1900004714; Cumberland River Behavioral Board of Education, 1900003781; Covington FACILITIES & SUPPORT SERVICES Health, Inc., 1900004716; Bluegrass Regional Independent School District, 1900003785; Biagi Chance Cummins London Titzer, Inc., Mental Health Mental Retardation, 1900004719; Elliott County Board of Education, 1900003786; 1300001446; Kohrs Lonnemann Heil Engineers, Lifeskills, Inc., 1900004721; Pennyroyal Regional Larue County Board of Education, 1900003787; PSC, 1600000312; Paladin, Inc., 1700002128; Mental Health Mental Retardation Board, Martin County Board of Education, 1900003788; GRW Engineers, Inc., 1800000445; Third Rock 1900004749. Newport Independent School District, Consultants, LLC, 1900002766. 1900003789; Logan County Board of Education, FINANCE - OFFICE OF THE SECRETARY 1900003791; Owensboro Independent School Goldberg Simpson, LLC, 1900000088. District, 1900003792; Pulaski County Board of Education, 1900003793; Fayette County Board of

THE KENTUCKY GENERAL ASSEMBLY 25 Education, 1900003794; Whitley County Board Government, 1900003437; Office of Vocational County Board of Education, 1900001735. of Education, 1900003795; Madison County Rehabilitation, 1900003966. Board of Education, 1900003796; Anderson DEPARTMENT FOR LOCAL County Board of Education, 1900003850; JUSTICE - OFFICE OF THE SECRETARY GOVERNMENT Barren County Board of Education, 1900003861; University of Kentucky Research Elliott County Fiscal Court, 1900003087; Bourbon County Board of Education, Foundation, 1900004320. Elliott County Fiscal Court, 1900003090; 1900003864; Bowling Green Independent School Elliott County Fiscal Court, 1900003095; KENTUCKY FISH AND WILDLIFE Lawrence County, 1900003107; Barren River District, 1900003865; Breathitt County Board of RESOURCES Education, 1900003867; Bullitt County Board of Area Development District, 1900003293; Big University of Tennessee, 1900000649; Sandy Area Development District, 1900003294; Education, 1900003868; Carter County Board of University of Louisville, 1900001548; University Education, 1900003873; Christian County Board Bluegrass Area Development District, of Tennessee, 1900003161; US Geological Survey, 1900003295; Buffalo Trace Area Development of Education, 1900003876; Clark County Board 1900003213. of Education, 1900003877; Clay County Board of District, 1900003296; Cumberland Valley Area Education, 1900003878; Covington Independent Development District, 1900003297; Fivco Area School District, 1900003881; Daviess County Development District, 1900003298; Gateway THE FOLLOWING MEMORANDA Board of Education, 1900003885; Fayette County Area Development District, 1900003299; Green OF AGREEMENT AMENDMENTS WERE Board of Education, 1900003888; Franklin River Area Development District, 1900003300; REVIEWED WITHOUT OBJECTION: County Board of Education, 1900003891; Kentucky River Area Development District, Garrard County Board of Education, 1900003301; Kentuckiana Regional Planning ADMINISTRATIVE OFFICE OF THE 1900003893; Grayson County Board of & Development Agency, 1900003302; Lake COURTS Education, 1900003895; Harlan County Board of Cumberland Area Development District, Louisville Jefferson County Metro Education, 1900003899; Harrison County Board 1900003303; Lincoln Trail Area Development Government, 1900001907. of Education, 1900003901; Henry County Board District, 1900003304; Northern Kentucky Area Development District, 1900003305; Pennyrile of Education, 1900003905; Jackson County BEHAVIORAL HEALTH, Area Development, 1900003306; Purchase Area Board of Education, 1900003906; Johnson DEVELOPMENTAL & INTELLECTUAL Development District, Inc., 1900003307; City of County Board of Education, 1900003910; DISABILITIES Stanton, 1900003535. Knott County Board of Education, 1900003912; Comprehend, Inc., 1900000940; Bluegrass. Knox County Board of Education, 1900003913; Org, 1900003229. DEPARTMENT FOR NATURAL Larue County Board of Education, 1900003914; RESOURCES CHFS - DEPARTMENT FOR AGING AND Leslie County Board of Education, 1900003918; University of Kentucky Research INDEPENDENT LIVING Letcher County Board of Education, 1900003919; Foundation, 1900000765. Lincoln County Board of Education, 1900003920; Multi, 1900000410; Multi, 1900000798; Logan County Board of Education, 1900003921; Multi, 1900001251. DEPARTMENT FOR PUBLIC HEALTH Madison County Board of Education, Family and Children First, Inc., 1800001904; COMMISSION FOR CHILDREN WITH 1900003923; Magoffin County Board of University of Kentucky Research Foundation, SPECIAL HEALTH CARE NEEDS Education, 1900003924; Marion County Board 1800001917; Foundation for Health Leadership University of Kentucky Research of Education, 1900003926; Marshall County & Innovation, Inc., 1900000373; Family Health Foundation, 1900000277. Board of Education, 1900003927; Martin County Centers, Inc., 1900002478. Board of Education, 1900003928; Meade County DEPARTMENT FOR COMMUNITY DEPARTMENT OF AGRICULTURE Board of Education, 1900003932; Monroe BASED SERVICES Multi, 1900003210; Multi, 1900003210; County Board of Education, 1900003936; Home of the Innocents, 1800001661; Multi, Multi, 1900003211. Montgomery County Board of Education, 1800001929; Mountain Comp Care Center, 1900003937; Owensboro Independent School 1800002042; Our Lady of Peace, 1900000627; DEPARTMENT OF EDUCATION District, 1900003943; Pendleton County Board KVC Behavioral Health Care/Croney & Clark, Adair County Board of Education, of Education, 1900003946; Pike County Board of 1900003202. 1900000034; Bellevue Independent School Education, 1900003948; Scott County Board of District, 1900000080; Berea Independent Board DEPARTMENT FOR ENVIRONMENTAL Education, 1900003952; Warren County Board of Education, 1900000100; Breathitt County PROTECTION of Education, 1900003954; Washington County Board of Education, 1900000103; Carter County Banklick Watershed Council, 1600002311; Board of Education, 1900003960; Wayne County Board of Education, 1900000108; Casey County University of Louisville Research Foundation, Board of Education, 1900003961; Whitley Board of Education, 1900000111; Clark County 1900002782; Boone County Fiscal Court, County Board of Education, 1900003963; Board of Education, 1900000113; Clinton 1900003259. Lincoln County Board of Education, County Board of Education, 1900000128; 1900004017; Campbellsville Independent School DEPARTMENT FOR FAMILY RESOURCE Cumberland County Board of Education, District, 1900004101; Wayne County Board of CENTERS & VOLUNTEER SERVICES 1900000138; Danville Independent School Education, 1900004119; Lincoln County Board Multi, 1900001047; Jefferson County Board District, 1900000144; Fayette County Board of of Education, 1900004125; Clay County Board of of Education, 1900001056; Multi, 1900001568; Education, 1900000145; Floyd County Board Education, 1900004127. Multi, 1900001669; Multi, 1900001682; Multi, of Education, 1900000146; Fulton Independent DEPARTMENT OF MILITARY AFFAIRS 1900001717; Multi, 1900001718; Multi, Board of Education, 1900000147; Garrard Louisville Jefferson County Metro1900001719; Multi, 1900001721; Multi, County Board of Education, 1900000151; 1900001724; Multi, 1900001725; JeffersonGlasgow Independent School District,

26 2019 Interim LEGISLATIVE RECORD 1900000153; Harlan County Board of Education, to consider the contract as reviewed. Senator KENTUCKY LOTTERY CORPORATION 1900000154; Hart County Board of Education, Carroll seconded the motion, which passed. IGT Global Solutions Corporation f/k/a 1900000156; Jackson County Board of Education, GTECH Corporation, 20-10-001. Mike Denney 1900000159; LaRue County Board of Education, DEPARTMENT FOR PUBLIC and Gary Ruskowski discussed the contract 1900000162; Livingston County Board of ADVOCACY with the committee. A motion was made by Education, 1900000165; Martin County Board of Jeffrey Sherr, 1900004346. A motion was Representative Booker to consider the contract as Education, 1900000172; Menifee County Board made by Senator Carroll to defer the contract reviewed. Senator Carroll seconded the motion, of Education, 1900000173; Metcalfe County to the July 2019 meeting of the committee. which passed with Representative Fugate voting Board of Education, 1900000174; Middlesboro Representative Booker seconded the motion, no. Independent School District, 1900000175; which passed. LEGISLATIVE RESEARCH COMMISSION Monroe County Board of Education, DEPARTMENT OF EDUCATION 1900000176; Owensboro Independent School Ransdell Roach & Royse, PLLC, 19/20-30; Kentucky Dataseam Initiative, Inc., Stoll Keenon Ogden, 19/20-36; Stoll Keenon District, 1900000177; Owsley County Board 1900002589. Charles Harman discussed the of Education, 1900000178; Paris Independent Ogden, 19/20-40. Greg Woosley discussed the contract with the committee. A motion was contracts with the committee. A motion was School District, 1900000179; Russell County made by Representative Hart to consider the Board of Education, 1900000180; Russellville made by Senator Carroll to consider the contracts contract as reviewed. Senator Wheeler seconded as reviewed. Representative Fugate seconded the Independent School District, 1900000181; the motion, which passed. Southgate Independent School District, motion, which passed. 1900000182; Warren County Board of Education, DEPARTMENT OF EDUCATION UNIVERSITY OF KENTUCKY 1900000183; Washington County Board of TNTP, Inc., 1900003591. Krista Hall and Claro Healthcare, LLC, K19-238; Milliman, Education, 1900000184; Wayne County Board Charles Harman discussed the contract with Inc., K20-102. Bart Hardin, Barry Swanson, of Education, 1900000185; Webster County the committee. A motion was made by Senator and Craig Collins discussed the contracts with Board of Education, 1900000186; Williamstown Carroll to consider the contract as reviewed. the committee. A motion was made by Senator Board of Education, 1900000188; Eastern Representative Booker seconded the motion, Hornback to consider the contracts as reviewed. Kentucky University, 1900001311; Murray State which passed. Representative Hart seconded the motion, which Foundation, 1900001871; Eastern Kentucky passed. University, 1900002418; American Youth Policy DEPARTMENT OF EDUCATION Forum, 1900002644; University of Kentucky University of Louisville Research UNIVERSITY OF KENTUCKY Research Foundation, 1900002806; Crittenden Foundation, 1900003600. Greta Hylton and Ologie, LLC, K19-244; The Cornett Group, County Board of Education, 1900003178. Charles Harman discussed the contract with K20-104. Bart Hardin and Barry Swanson the committee. A motion was made by Senator discussed the contracts with the committee. KY INFRASTRUCTURE AUTHORITY Carroll to consider the contract as reviewed. A motion was made by Senator Hornback to Perry County Fiscal Court, 1500001026. Representative Hart seconded the motion, which consider the contracts as reviewed. Senator passed. OFFICE OF INSPECTOR GENERAL Carroll seconded the motion, which passed. Western Kentucky University Research ECON DEV - OFFICE OF THE UNIVERSITY OF KENTUCKY Foundation, Inc., 1700001509. SECRETARY Jack Britt, K20-103. Tim West, Bart Hardin, Commonwealth Center for and Barry Swanson discussed the contract with WESTERN KENTUCKY UNIVERSITY Commercialization, Inc., 1900004227. Brian KHEAA - KHEAA Verify, 2018-008. the committee. A motion was made by Senator Mefford discussed the contract with the Hornback to consider the contract as reviewed. committee. A motion was made by Senator Senator Carroll seconded the motion, which Carroll to consider the contract as reviewed. passed. THE FOLLOWING PERSONAL Senator Hornback seconded the motion, which SERVICE CONTRACTS WERE SELECTED failed with Senator Wheeler, Senator Meredith, FOR FURTHER REVIEW: Representative Hart, Representative Fugate, and Representative Booker voting no. A motion was COUNCIL ON POSTSECONDARY made by Representative Hart to defer the contract THE FOLLOWING PERSONAL EDUCATION to the July 2019 meeting of the committee. SERVICE AMENDMENTS WERE SELECTED The Graduate! Network, Inc., 1900004102. Senator Wheeler seconded the motion, which FOR FURTHER REVIEW: Melissa Young and Travis Powell discussed the passed. contract with the committee. A motion was DEPARTMENT FOR PUBLIC HEALTH JUSTICE - OFFICE OF THE SECRETARY made by Senator Carroll to consider the contract Multi, 1900001166. Dough Thoroughman Motorcycle Safety Foundation, Inc., as reviewed. Representative Booker seconded and Mike Tuggle discussed the contract 1900003762; Total Control Training, the motion, which passed. with the committee. A motion was made by Inc., 1900003763. A motion was made by Representative Booker to consider the contract DEPARTMENT FOR COMMUNITY Representative Fugate to defer the contract as reviewed. Representative Hart seconded the BASED SERVICES to the July 2019 meeting of the committee. motion, which passed. KVC Behavioral Health Care/Croney & Representative Hart seconded the motion, which Clark, 1900003195. Lesa Dennis and Toby Smith passed. NORTHERN KENTUCKY UNIVERSITY discussed the contract with the committee. A Multi, 2019-100. Adam Caswell and motion was made by Representative Booker Mary Paula Schuh discussed the contract

THE KENTUCKY GENERAL ASSEMBLY 27 with the committee. A motion was made by TOBACCO SETTLEMENT approval, which would bring the program total Representative Hart to consider the contract as AGREEMENT FUND OVERSIGHT to $61,290. reviewed. Representative Fugate seconded the COMMITTEE Projects discussed included: motion, which passed. Minutes of the 3rd Meeting Jessamine County Future Farmers of America (FFA) Alumni Association was UNIVERSITY OF KENTUCKY of the 2019 Interim June 12, 2019 approved for $8,000 in Jessamine County funds Stites & Harbison, PLLC, K19-117. Bart Call to Order and Roll Call for a Jessamine County 4-H and FFA cost-share Hart, Barry Swanson, and William Thro The 3rd meeting of the Tobacco Settlement program. discussed the contract with the committee. Agreement Fund Oversight Committee was held Meade County Fair, Inc. was approved for A motion was made by Senator Hornback to on Wednesday, June 12, 2019, at 10:00 AM, in $7,500 in Meade County funds to build pens for consider the contract as reviewed. Representative Room 129 of the Capitol Annex. Representative small livestock for use during the Meade County Hart seconded the motion, which passed. Myron Dossett, Chair, called the meeting to Fair and other agriculture education events. UNIVERSITY OF KENTUCKY order, and the secretary called the roll. Jericho Farmhouse was approved for Deloitte Consulting, LLP, K19-159. Present were: $129,890 in state and multiple county funds to Bart Hart, Barry Swanson, and William Thro Members: Senator C.B. Embry Jr., Co- construct a farmers market and retail store in discussed the contract with the committee. A Chair; Representative Myron Dossett, Co-Chair; Henry County. motion was made by Representative Booker Senators Paul Hornback, Dennis Parrett, Robin L. Green River Area Beef Improvement Group, to consider the contract as reviewed. Senator Webb, and Whitney Westerfield; Representatives Inc. was approved for $20,000 in Daviess County Hornback seconded the motion, which passed. Kim King, Phillip Pratt, Brandon Reed, and funds to continue the Daviess County Youth Dean Schamore. Agriculture Production Cost-Share Program. Guests: Warren Beeler, Executive Director, Farm Center 519 was approved for a $225,000 loan in state funds to purchase a THE FOLLOWING MEMORANDA Governor’s Office of Agricultural Policy building, commodity shed, scale, and equipment OF AGREEMENTS WERE SELECTED FOR (GOAP); Bill McCloskey, Deputy Executive in Morgan County. FURTHER REVIEW: Director, GOAP; Tamara Sandberg, Executive Director, Feeding Kentucky; Sarah Vaughn, Grain Day, Inc. was approved for $4,500 in Daviess, Hancock, Henderson, McLean, ADMINISTRATIVE OFFICE OF THE Programs Coordinator, Feeding Kentucky; Kate Ohio, and Webster County funds to support the COURTS McDonald, Kentucky Kids Eat Coordinator, Midwest Beef Summit. Mountain Comprehensive Care Center, Feeding Kentucky; Babette Overman, Overman’s Local Food Connection, Inc. was approved 1900004724. Jenny Lafferty and Elizabeth Nichols Bluegrass Fruits and Vegetables; Martin for $52,255 in state and multiple county funds to discussed the contract with the committee. Richards, Executive Director Community Farm purchase cold storage equipment and 12 month A motion was made by Representative Alliance; James Cochran, Manager, Farmers rental of a forklift in Campbell County. Booker to consider the contracts as reviewed. Market Support Program; and Brittany Steffey, Sweet and Savory Blessings Catering by Representative Fugate seconded the motion, Coordinator, Kentucky Double Dollars. Kathy Pennington, LLC was denied $10,000 in which passed. LRC Staff: Nathan Smith, Tanya Monsanto, Kelly Ludwig, Silas Montgomery, and Rachel Carroll County funds for equipment, a building, Hartley. and advertising expenses due to lack of producer Governor’s Office of Agricultural Policy impact. THE FOLLOWING MEMORANDA Report In response to a question from Senator OF AGREEMENT AMENDMENTS WERE Warren Beeler discussed Kentucky Proud Westerfield, Mr. Beeler stated GOAP will submit SELECTED FOR FURTHER REVIEW: and the Dairy Development Council. Mr. a report to the committee on the allocation Beeler also introduced summer interns for the of funds since the inception of the Kentucky BEHAVIORAL HEALTH, Governor’s Office of Agricultural Policy. Agricultural Development Fund. DEVELOPMENTAL & INTELLECTUAL Bill McCloskey described the Agricultural Farms to Food Banks, Kentucky-Grown DISABILITIES Development Board’s projects for April under Vegetable Incentive Program Hazelden Betty Ford Foundation, the program. Mr. McCloskey highlighted Tamara Sandberg stated there are 186,660 1800002031. Brittney Allen, Jennifer Moore, programs including the County Agricultural children that are food insecure in Kentucky. The and Stephanie Craycraft discussed the contract Investment Program (CAIP), Deceased Farm counties with the highest child food insecurity with the committee. A motion was made by Animal Removal, Next Generation Farmer, rates are Magoffin, Clay, Elliott, Robertson, and Representative Fugate to consider the contract as Shared-use Equipment, and Youth Agriculture Breathitt. One out of five seniors are affected reviewed. Representative Booker seconded the Incentives Program. with food insecurity, which is the highest rate in motion, which passed. Requested program amendments discussed the nation. There being no further business, the meeting included: Feeding Kentucky has a strong partnership adjourned at 12:22 PM. Rockcastle County Conservation District with the agriculture community. The Beef requested an additional $98,700 in Rockcastle Council had a beef month initiative to benefit County funds for CAIP. The board recommended food banks and the Dairy Development Council approval, which would bring the program total has assisted food banks with more capacity to to $204,250. distribute milk. Campbell County Conservation District Feeding Kentucky has seven regional food requested an additional $30,962 in Campbell banks that serve all 120 counties in Kentucky in County funds for CAIP. The board recommended partnership with 800 local food pantries. There

28 2019 Interim LEGISLATIVE RECORD are 50,000 Kentuckians served each week. participated in Kentucky Double Dollars. There the workforce with qualified graduates offering Sarah Vaughn stated Farms to Food Banks has been a 353 percent increase in farmers essential skills has been problematic. receives fresh produce from farmers in need of participating since 2017. Senator Wilson said the system, implement- a market and delivers produce to food banks. There being no further business, the meeting ed in the 1990s, consists of two differently fund- Over three million pounds of Kentucky-grown was adjourned. ed systems. Upon review of studies and recom- produce were distributed throughout Kentucky mendations, the task force may convert to one in 2018. In 2018, there were 349 farmers that system focused on equity in funding. The group participated with an average payment per farmer KENTUCKY CAREER AND will also review the EPSB study and its recom- of $1,691. TECHNICAL EDUCATION TASK mendations regarding inequities among Area The Appalachian Expansion Project (AEP) Technology Centers (ATCs), specifically the FORCE is a new pilot project that is being tested this Minutes of the 1st Meeting structure and salary schedule of teachers within year. There are 27 counties in eastern Kentucky of the 2019 Interim the ATC. Although students should be provid- that have been identified to have no farmers June 18, 2019 ed opportunities to access classes which include or only one farmer participating in Farms to Call to Order and Roll Call the most emphasized skills-gap careers, some Food Banks. The AEP is providing incentives to The 1st meeting of the Kentucky Career schools are unable to offer these classes. farmers to participate. There is also a processing and Technical Education Task Force was held on pilot program to extend the season of produce Tuesday, June 18, 2019, at 10:00 a.m., in Room Discussion of Future Agenda Topics availability. Both pilot programs are funded with 129 of the Capitol Annex. Senator Mike Wilson, The Task Force discussed the proposed a grant through the Educational Foundation of Chair, called the meeting to order, and the meeting topics. The tentative topics include an America. secretary called the roll. overview of the CTE system, including prog- Kate McDonald stated Kentucky Kids Present were: ress made on recommendations from the 2014 Eat focuses on after school programs, school Members: Senator Mike Wilson, Co-Chair; SREB report; an overview of the funding system breakfast, and summer meals. Only one out of Representative Bobby McCool, Co-Chair; of ATCs and locally-operated centers, including 12 children that receive a free lunch during the Senator Johnny Ray Turner; Representative C. recommendations for revising the system; an school year will have access to a summer meal. Ed Massey; and Steven Thomas. overview of the KCTCS’s role in the CTE system, th Kentucky ranks 46 for summer food service Guests: Chris Riley, OEA. including the level of collaboration with ATCs program participation. LRC Staff: Jo Carole Ellis, Yvette Perry, and locally-operated centers; a presentation by The Kentucky-Grown Vegetables Incentive Lauren Busch, Seth Dawson, Chuck Truesdell, representatives of ATCs and locally-operated Program (K-VIP), which is funded by the Joe Lancaster, and Christal White. centers regarding their programs, initiatives, Agricultural Development Board, creates a Senator Wilson introduced Representative issues, outcomes, etc.; and a report by EPSB on financial incentive for sponsors to include Bobby McCool, Co-Chair, and the Education the vocational teacher ranking system as con- Kentucky-grown fruits and vegetables in Professional Standards Board (EPSB) member templated in 2019 Senate Concurrent Resolu- summer meals. For every $2 a participating representative, Mr. Steven Thomas. He welcomed tion 149. Senator Wilson welcomed members to sponsor spends at a Kentucky farm, K-VIP will the CTE Task Force members and outlined the make additional suggestions for other areas of reimburse them for $1. In 2019, $321,220 was objectives. concern. He said the goal of the task force is to paid directly to Kentucky farmers. Discussion of Task Force Objectives make recommendations and, if needed, provide In response to a question from The CTE Task Force was created to study legislation to address and modernize Kentucky’s Representative Dossett, Ms. McDonald stated the existing delivery, organization structure, and system to enable students the opportunity to ac- reaching out to the local school boards would funding mechanisms of career and technical quire technical skills and qualify for available, be beneficial to make sure these programs are education in Kentucky, including but not high-paying careers. available for students. limited to area career and technical centers, local Discussion of Future Meeting Dates Babette Overman discussed how she has school district-operated career and technical Future meeting dates will coincide with benefitted from Farms to Food Banks and K-VIP. centers, comprehensive high schools, regional the Interim Joint Committee on Education Ms. Overman owns a 25 acre farm in Lancaster. academies, and the Kentucky Community and (IJCE) meetings, when possible. CTE Task Force Kentucky Double Dollars Technical College System; to identify promising meetings will be held at 10 a.m. prior to the IJCE Martin Richards stated the Farmers Market career and technical education practices from meeting at 1 p.m. Support Program (FMSP) and Kentucky Double research and other states; to study the need Other Business Dollars (KDD) work together to increase sales and feasibility for a vocational teacher ranking The next meeting of the CTE Task Force and income to Kentucky farmers, leverage federal system that allows for occupational experience will be July 10, 2019, at 10:00 a.m. Subsequent food and nutrition program funds, and increase and training as alternatives to college training, meetings are tentatively scheduled for August access to fresh and healthy local food. There that is uniformly applied to all teachers within a 2, September 11, and October 9. A November has been a $6.07 return on every $1 invested by vocational certification field, and that encourages meeting has not yet been scheduled. KADF. vocational teachers to remain in the classroom; FMSP provides Kentucky farmers markets and submit strategies for the future of career and EDUCATION ASSESSMENT AND with the tools, resources, and networks to technical education in Kentucky. ACCOUNTABILITY REVIEW create profitable and sustainable markets. KDD Senator Wilson said the lack of high- SUBCOMMITTEE incentivizes the purchase of Kentucky produced ly-skilled, qualified candidates has created a Minutes of the 1st Meeting fruits, vegetables, meat, eggs, and dairy by food skills gap for thousands of high-paying positions of the 2019 Interim assistance programs. throughout the state. While Kentucky has been June 18, 2019 In 2018, 1,105 farmers from 89 counties successful recruiting new industry, providing Call to Order and Roll Call

THE KENTUCKY GENERAL ASSEMBLY 29 The Education Assessment andfrom the Kentucky Education Cabinet, another several reports: 2017 District Data Profiles; Accountability Review Subcommittee meeting state agency, or the regional level. Homeschooling in Kentucky; Textbooks and was held on Tuesday, June 18, 2019, at 1:00 Mr. Wickersham outlined the investigations Instructional Materials; and State and Local p.m., in Room 129 of the Capitol Annex. conducted by OEA over the past year. In 2018, in Funds Distributed to Higher Poverty Schools. Representative Brandon Reed, Chair, called the addition to telephone complaints, OEA received The 2017 District Data Profile Report, meeting to order and the secretary called the roll. 584 written complaints of which 53 cases were presented in 2018, is a comprehensive overview Present were: opened. Thirty two of those cases were closed of 173 school districts from 2014-2017. The Members: Representative Brandon Reed, and 65 cases are actively pending district report conveyed longitudinal data about district Co-Chair; Senators Alice Forgy Kerr and Mike investigations. Complaints are divided into two demographics, finances, staffing, and school Wilson; Representatives Tina Bojanowski, broad categories of Site-Based Decision Making performance. Regina Huff, and Steve Riley. (SBDM) cases and Investigative Cases. In September 2018, the subcommittee LRC Staff: Joshua Collins, Lauren Busch, A written complaint is necessary before an accepted the OEA Report on Homeschooling in and Christal White. investigation is opened and considered. OEA Kentucky Study. This study noted the absence of Approval of April 15, 2019 Minutes staff evaluates every complaint and determines regulation in the state. The report explained that On a motion by Representative Riley and if an allegation warrants inquiry or investigation the law is vague in that KDE is permitted but not a second by Representative Huff, the minutes only after reviewing and considering several required to clarify homeschool requirements of the April 15, 2019 meeting were approved by factors. OEA may determine the inquiry or take a role in inspecting attendance and voice vote. should be conducted by a different agency or scholarship reports. OEA discussed the “1997 Office of Education Accountabilitylevel. At that time, a referral would be made to Best Practices Documents,” which gave guidance Annual Report superintendents, law enforcement agencies, the to Directors of Pupil Personnel and other David Wickersham, Deputy Director for Kentucky Department of Education (KDE), or interested parties about how the law worked; the Office of Education Accountability (OEA) the Educational Professional Standards Board however, many are unaware or confused about introduced Dr. Bart Ligouri, Research Division (EPSB). Complaints that fail to violate a state law the document’s authority. OEA also identified Manager, Bryan Jones, Investigations Division or policy are declined. A legitimate complaint is hurdles the Cabinet for Health and Family Director, Ryan Brown, Graduate Fellow, assigned to two investigators. Services and local courts have faced in making Research, and Stephen Pulliam, Accountability Complainants often request anonymity due determinations about educational neglect due to Investigator. to retaliation concerns. While the identity of the the lack of guidance in decision making. Mr. Wickersham gave an overview of complainant is shielded, confidentiality cannot In October 2018, the subcommittee accepted OEA’s duties. OEA conducts educational be guaranteed. Frequently, the source of the the “Report on Textbooks and Instructional research, performs monitoring functions, and complaint may be quite obvious due to previous Materials.” The State Textbook Commission, conducts investigations on behalf of the General verbal complaints. Under no circumstance established in KRS 156.405, has a specific annual Assembly. Complaints are submitted by mail, does OEA staff release or verify the source of a meeting schedule; however, the commission email, phone calls to a toll-free hotline, or an complaint. last met in June, 2015. In terms of influence and online complaint form. Complaints can come Following an onsite visit and consideration impact on public education, OEA reported an from various sources including state agencies, of all relevant information, a preliminary increase in technology devices, a reduction in local school board members, superintendents, investigative report is sent to the subject of the device to student ratios, and updated operating principals, teachers, classified and certified complaint for an opportunity to review, object to systems statewide from 2014-2017. While data employees, parents, and citizens. OEA provides any fact finding, provide additional information, showed districts acquired the technology and a non-adversarial, solution-focused response or contest any legal findings. All responses to tools needed to carry out educational goals, OEA to constituent complaints rather than focusing the preliminary report are considered before was unable to determine the effects on student on penalties for districts who have difficulties the final investigative report is issued. OEA learning and outcomes. complying with the law. sends the report to the subjects of the inquiry, In November 2018, the committee heard OEA does not write legislation, make the complaining party (if known), and the and accepted the study of State and Local Funds education policy, publish investigative reports, board of education or superintendent. In rare Distributed to Higher Poverty Schools. Kentucky release interviews, investigate crimes, interview circumstances with substantial law violations, uses the weighted student formula (WSF) to students, resolve labor disputes, or litigate cases. OEA may make a referral to the EPSB, KDE, or fund local school districts by granting additional Consistent with the Kentucky Constitution and the Office of the Attorney General. funds, or “add-ons,” for certain student factors the Separation of Powers doctrine, OEA has no All substantiated complaints are specifically such as limited English proficiency (LEP) or enforcement or executive authority against a detailed and a resolution of corrective measures special education. OEA said the WSF applies school district. are contained in the final investigative report. only at the district level, but not at the school OEA provides a summary of the general Resolutions of substantiated complaints include level. A district may receive additional funds for status and nature of the monthly investigative requiring additional training in particular areas specific students but may not pass those funds work to the subcommittee, who has authority of education law, amending or changing district on to the student’s schools. OEA suggested this to request a closed session regarding a specific or school policies, and supplying information to area may be a topic for the subcommittee and the investigative report. OEA in the future for the purpose of monitoring General Assembly to consider more broadly. OEA investigates allegations of waste, compliance with the law. As approved in the 2019 Research Agenda, duplication, mismanagement, political and Mr. Wickersham said although OEA Mr. Wickersham indicated that OEA is illegal activity at the state, regional, or district provides a suggested research agenda topic list, studying and reporting on career and technical level. While most complaints are based on members of the subcommittee make the final education revenue and expenditures, career and individual school districts, others may come decision. In 2018, the subcommittee approved technical education enrollment and subsequent

30 2019 Interim LEGISLATIVE RECORD employment by sector, and teacher shortages data, and financial and student performance were spent on instruction. and supports for new teachers. data. Dr. Ligouri gave a detailed overview and Additionally, during the 2019 Regular The overview section of each profile shows instructions for using the interactive online Session, SB 1 directed OEA to study the actual the number of students in terms of membership, components of the profiles found atbit.ly/ usage of guidance counselors’ time spent in adjusted average daily attendance (ADA) and the oea-ddp2018. The visualizations serve as a schools. The report will be presented to the number of A1 schools in the district. A1 schools supplement to the full report. Interim Joint Committee on Education (IJCE) are the number of schools under administrative The three separate visualizations are Data no later than December 1, 2019. control of a principal and are eligible to establish From the 2017-2018 School Years, Heat Maps Mr. Wickersham reported that in the 2016 a SBDM Council. An A1 school is not a program of Selected Variables, and 10-Year Trend Data. Research Agenda, the subcommittee directed operated by or as part of another school. Each visualization is divided into five tabs OEA to make a study of Kentucky’s preschool Mr. Alexander said the demographic profile including demographic profile, staffing data, program and full-day kindergarten. OEA provides demographics and membership by finance, performance, and accountability. The has received a National Legislative Program grade level for the current year and three prior visualizations allow viewing of the most recent Evaluation Society Award from the National years. This category includes students with available data and can be accessed by navigating Conference of State Legislators for that work. free and reduced price lunch eligibility, LEP, to different parts of the report using the tabs Senator Wilson reported that in response exceptional children, and race/ethnicity. Other at the top. The profiles can be manipulated to a question he had at a recent IJCE meeting information provided includes graduation, by selecting the district, and the data can be concerning home schooling, an OEA staff retention, dropout rates, and disciplinary counts. sorted by clicking on the header titles. The data member had clarified that districts may have co- The staffing section includes the numbers dictionary can be found in the full report. enrollment if approved by the board. of classified and certified personnel; pupil/ On a motion by Senator Wilson and a Responding to a question by Representative teacher ratio; salary and benefits as a percentage second by Senator Kerr, the 2018 District Data Reed, Mr. Wickersham said the investigative of the General Fund expenditures; and teacher Profiles report was accepted. totals reported were from the previous year. OEA pay, rank, experience, and turnover. The state Adjournment makes every effort to complete the investigation and district salary schedule by rank and years The next meeting is scheduled for and issue a final investigative report within a six- of experience is presented on a chart. The state September. Members will be notified if change month timeline; however, issues often prevent profile displays averages of all district schedules is needed. that goal from being achieved and carryovers while the district schedule shows contract There being no further business, the meeting from previous years are common. teaching days, the number of base days a board of was adjourned at 2:00 p.m. On a motion by Representative Riley and a education has adopted to pay certified staff each second by Representative Huff, the annual report year. The number of contract days for districts AREA DEVELOPMENT DISTRICT was accepted by voice vote. ranges from 185 to 188 days, but the majority of WORKING GROUP OEA Report: 2018 District Data Profiles districts are at the 185-day level. Minutes of the 1st Meeting Dr. Bart Ligouri introduced Albert Student performance includes advanced of the 2019 Interim Alexander, who presented the OEA 2018 placement, ACT 11th grade score, kindergarten June 18, 2019 Kentucky District Data Profiles, approved by readiness, dual credit, and selected components Call to Order and Roll Call this subcommittee as part of the 2019 Research of the 2018 accountability system. Dual credit, The 1st meeting of the Area Development Agenda. The publication received a Notable allowing students to earn high school and college District Working Group was held on Tuesday, Documents Award in 2012 from the National credits for the same course simultaneously, June 18, 2019, at 10:00 AM, in Room 149 of the Conference of State Legislators. has been captured for three years. The second Capitol Annex. Representative Suzanne Miles, Mr. Alexander said profiles are a one-stop component includes levels of proficient and Chair, called the meeting to order, and the source of comprehensive district-level education distinguished math and reading, gap, growth, secretary called the roll. data and an encyclopedia on the current state transition, and the number of schools targeted Present were: of districts in Kentucky. The profiles provide for intervention within each level. Members: Senator Christian McDaniel, Co- easy access to commonly used education data The state finance profile shows the number Chair; Representative Suzanne Miles, Co-Chair; and is intended as a quick, reliable reference for of districts by tax type, current per pupil Senators Dennis Parrett and Brandon Smith; and comparative purposes for each district to the expenditures, per pupil revenues by source and Representative Jim DuPlessis. state as a whole and to other districts with similar average SEEK distribution. The average per pupil Guests: characteristics. The profiles are a compilation of property assessment statewide is $414,351 and LRC Staff: Jennifer Hays, Mark Mitchell, data from KDE and the Kentucky Center for represents the value of local taxable property Cynthia Brown, and Chase O’Dell. Statistics. The primary data sources are school divided by the ADA. Taxable property is the Representative Miles stated that the Area report cards; Infinite Campus; and MUNIS, largest source of local revenue. District per Development District (ADD) Working Group the payroll and financial system used by school pupil property assessments experience a wide was the result of multiple pieces of legislation. districts. range from a high of $1.3 Million to a low of just She continued to say that the working group was District Data Profiles contain a data above $100K. Each district profile shows dollars going to evaluate the purpose of ADDs. Senator dictionary for definitions and sources, 173 amounts or rates for the same district level data. McDaniel said that ADDs play a critical role in district profiles, a state profile, and tables on Also included are state and district current many operations as it relates to the management selected measures comparing districts and expenditure reports, which include the end of of state government at the local level. rankings. Each profile contains an overview of year fund balance as well as expenditures by Overview of Area Development Districts staffing information, student characteristics, function as a percentage of all expenditures. Jennifer Hays, Committee Staff graduation and other attainment data, discipline Fifty-nine percent of state current expenditures Administrator, LRC Appropriations and

THE KENTUCKY GENERAL ASSEMBLY 31 Revenue Committee, presented an overview of the district, the respective mayors of each 1st, 2nd, board of directors is required to prioritize capital Area Development Districts. and 3rd class city within the district, the mayors projects for the allocation of funds. She stated Ms. Hays testified that a memo from the of any incorporated city below the 3rd class, that each board is also encouraged to propose President of the Senate and Speaker of the and citizen members. Each board is required joint capital projects where two or more ADDs House created the Area Development District to annually select a chairman, vice chairman, can work together on a project. Working Group to review the operations and secretary, treasurer, or any other officers deemed In response to a question from funding of ADDs. According to the memo, the necessary for operations. Each board has the Representative DuPlessis, Ms. Hays stated that review should be conducted based on an analysis power to appoint an executive director and in the past, in front of the Appropriations and of data to be collected from the ADDs and the deputy executive director. Revenue Committee, Commissioner Dunahoo Department of Local Government (DLG), to be Ms. Hays stated that each board of directors had stated that there was no statutory formula analyzed by Legislative Research Commission can sue and be sued, enter into agreements, for JFA funding. Ms. Hays said that there was a (LRC) non-partisan staff, and the working group expend funds, and more. ADDs are deemed funding formula in the 2018 executive branch members. public agencies. The board is required to develop budget bill for the two-year budget period. Ms. Hays stated that the information that is plans and establish advisory committees related By statutory definition, ADDs are special to be analyzed by work group members and non- to those plans. The statute specifically cites the purpose governmental entities (SPGE). As such, partisan staff. The memo states that the issues or development of goals and objectives for the ADDs are required to file financial disclosure records to be analyzed shall include, but are not ADD, plans for water and sewer, and plans for reports. Ms. Hays said that the financial disclosure limited to: land use, including open space and recreational reports are more like cash flow statements rather “State statutes and administrative areas. than balance sheets. [regulations] as well as and federal In response to a question from Senator Ms. Hays discussed the average percentages regulations outlining or setting forth the Parrett, Ms. Hays stated that judge/executives of the various revenues and appropriations for relational roles that exist between the and mayors, who are statutorily members on the each ADD for the years 2015 to 2018. Department for Local Government, in board of directors, can select citizen members to A chart in the presentation compared and their role as the cognizant state agency be designees or actual members on the board of contrasted the four-year averages among the for Area Development Districts, and the directors. ADDs. Districts themselves; Ms. Hays testified that the allocation of In response to a question from Senator The amount of funds transferred or funding for ADDs is accomplished by the McDaniel, Ms. Hays stated that there is no detail granted to each Area Development District Finance and Administration Cabinet. ADDs are within the financial disclosure reports that either on an annual and historical basis for a tax-exempt entities and are required to submit a confirmed or denied whether the Buffalo Trace period of five (5) years, and the processes detailed report related to state and federal funds ADD has a reserve fund that is allowed to operate by which those funds are expended or received during any year. year-to-year. Senator McDaniel expressed his transferred to units of local government In response to a question from desire for the working group to look at why and the measurable benefits or deliverables Representative Miles, Ms. Hays stated that there Buffalo Trace had carryover revenues and why for said funds; is nothing in the statute that directs LRC to act the Bluegrass ADD took a ‘hit’ in revenues and The state or federal funds held in on the annual reports received from each ADD. appropriations in 2017. reserve by each area development district Each ADD is required to establish a regional Representative DuPlessis stated that the as well as statutory or regulatory processes planning council for the purpose of advising working group needed to look at why the by which those funds can be expended; the board of directors on planning matters personnel costs for the Big Sandy ADD were Level of long-term debt incurred by throughout the district. A regional planning almost 50 percent of total expenditures, whereas each Area Development District; council is not required if 50 percent or more personnel costs only amounted to 27 percent of Historic spending trends of funds of the population of the local jurisdictions are total expenditures for the Barren River ADD. granted through the Joint Funding plan; participating in some other form of regional In response to a question from Representative Growth/reductions in staffing patterns planning. Miles, Ms. Hays stated that she did not find any in the execution of the planning functions The Department for Local Government instructions or handbooks on how the financial versus the direct service provider roles (DLG) is created in the same KRS chapter disclosure reports were prepared. She continued as managed by the Area Development as ADDs. DLG is required to administer the to say that there was no description of the report Districts.” distribution of funds to ADDs and is authorized or classification of the different categories on the The working group’s findings must be to promulgate administrative regulations. The report on the public version of the DLG website. presented to LRC by November 29, 2019. department is charged with the responsibility of Ms. Hays testified that all-but-three ADDs Ms. Hays testified that there are 15 ADDs, ensuring that compliance reports are submitted. earned interest from 2015 to 2018. She continued and the statutes which authorize the ADDs are The department is the coordinator of the to say that three ADDs reported a carryover contained in KRS Chapter 147A. The ADD planning, funding, and operations all performed revenue from a prior fiscal year during that time boundaries are statutorily created along county by the ADDs. period. Eight ADDs paid some amount of debt lines. Changes to the boundaries, the number DLG is responsible for the Joint Funding service. of districts, or the names of the districts, must Administration (JFA). The JFA encompasses In response to a question from Representative be accomplished through an act of the General three primary grants: the Economic Miles, Ms. Hays stated that appropriations could Assembly. Development Administration, the Community be classified differently between the ADDs. Each ADD is governed by a board of Development Block Grant, and the Appalachian Twelve ADDs reported earning interest directors. Membership of each board includes Regional Commission Grant. Ms. Hays testified from 2015 to 2018. Only two of those 12 ADDs the county judge/executive of each county within that through administrative regulation, each earned more than $100,000 in interest during

32 2019 Interim LEGISLATIVE RECORD that time. Ms. Hays testified that three ADDs even more funding in 2018. The Cumberland next meeting of the working group, each ADD utilized some form of a carryover from a prior Valley ADD received substantially larger funds inform the group of the programs it administers fiscal year. Ms. Hays stated that eight ADDs in 2017 and 2018. The FIVCO ADD received and the cost of administering each program. reported some amount of debt service during the more funds in both 2017 and 2018. The Gateway With no further business before the working time period. ADD also received more funds in both years. group, the meeting was adjourned at 11:34 a.m. Representative DuPlessis noted that one The Green River ADD received less funds in ADD had both a high amount of carryover 2017, but received the same amount in 2018 as CAPITAL PROJECTS AND BOND funds and a high amount of interest earned. He it had from 2013 to 2016. The Kentucky River OVERSIGHT COMMITTEE stated that the working group may want to look ADD received more funds in 2017 and even Minutes at whether or not the ADD is earning its interest more in 2018. KIPDA received less money in June 18, 2019 through carryovers year-to-year. 2017 and 2018, receiving almost $150,000 less in Call to Order and Roll Call Ms. Hays testified that the JFA program is 2017 than it did in 2015. The Lake Cumberland The Capital Projects and Bond Oversight responsible for receiving federal funds, matching ADD received significantly more funds in 2017 Committee meeting was held on Tuesday, June state funds or other funds, combining the funds and 2018. The Lincoln Trail ADD received less 18, 2019, at 1:00 PM, in Room 169 of the Capitol together, and then distributing the total funds to funds in 2017 and 2018. The Northern Kentucky Annex. Representative Walker Thomas, Chair, ADDs. She continued to say that there are three ADD received less funding during the same time called the meeting to order, and the secretary major grant programs within the JFA program. period. The Pennyrile ADD received a little less called the roll. The first grant program is the Economic funding during the two years. The Purchase Present were: Development Administration (EDA), which is an ADD received less funding in 2017 and 2018. Members: Senator Rick Girdler, Co-Chair; agency within the U.S. Department of Commerce Representative DuPlessis stated that JFA Representative Walker Thomas, Co-Chair; that provides grants and technical assistance funding is not allocated or appropriated. He Senators Christian McDaniel and Robby Mills; to economically distressed communities in continued to say that the working group needs Representatives Steven Rudy, Steve Sheldon, and order to generate new employment, help retain to understand where JFA funding is going and Maria Sorolis. existing jobs, and help stimulate industrial how it is being used by ADDs. Guests: Doug Hendrix, General Counsel, and commercial growth through a variety of Ms. Hays testified that in 2018 House Bill Kentucky Communications Network Authority; investment programs. The next grant program, 200, which was the executive branch budget bill, Steve Murphy, Chief Financial Officer, Kentucky the Community Development Block Grant there was approximately $2 million provided in Communications Network Authority; Mike (CDBG) program, is one of the longest running the DLG budget to support ADDs. A formula was Hayden, Chief Operating Officer, Kentucky programs of the Department of Housing and also provided for funding. The funding formula Communications Network Authority; Tom Urban Development (HUD). The goals of the states that 70 percent of funds will be equally Howard, Partner, Commonwealth Economics; program include providing affordable housing, distributed among all ADDs, with 20 percent of Janice Tomes, Deputy State Budget Director; anti-poverty programs, and infrastructure funds distributed based on a population factor, Donna McNeil, Executive Director, Kentucky development. Federal CDBG funds are matched and 10 percent of funds distributed based on Infrastructure Authority; Ryan Barrow, Executive with state funds on a dollar-for-dollar basis. incorporated cities and counties within the Director, Office of Financial Management; and The third program is the Appalachian Regional districts. The bill also states that the funding David Carlsen, Chief Financial Officer, Kentucky Commission (ARC). Ms. Hays testified that nine formula can be changed upon the unanimous Higher Education Assistance Authority/ ADDs have agreements ongoing directly with written direction from all ADDs in order to Kentucky Higher Education Student Loan ARC for funding. maximize federal awards. Corporation. Senator McDaniel asked that in a future Representative Miles stated that she was LRC Staff: Katherine Halloran, Committee meeting Ms. Hays present to the working curious to know if the ADDs were based on Staff Administrator; Julia Wang, Legislative group how JFA funds had traditionally been population, continuing to say that she was Analyst; and Jenny Wells Lathrem, Committee distributed, and what changed in the formula. He curious to know how the ADDs were established. Assistant. continued to say that the underlying argument Representative Miles also pondered whether or Representative Thomas opened the meeting that had been made stated that failure to make not the ADDs should be tied to the census if they by inviting members, staff, and guests to join a change in the funding formula had prevented are based upon population. him in reciting the Pledge of Allegiance. full utilization of federal dollars. Representative DuPlessis echoed Approval of Minutes (May 14, 2019) Ms. Hays testified that from 2013 to Representative Miles’ question of how there Representative Rudy moved to approve 2016, each ADD from year-to-year received came to be 15 ADDs. He stated that the Bluegrass the minutes of the March 19, 2019 meeting. approximately the same amount of money ADD has a population of 800,000 people, while Representative Sheldon seconded the motion through the JFA formula. From 2017 to 2018, the Gateway, Buffalo Trace, and FIVCO ADDs and the committee approved the minutes by each ADD experienced changes in the amount combined only have a population of 260,000 voice vote. of money received through the JFA formula. people. He went on to emphasize the importance Correspondence and Information Items The Barren River ADD received more of the efficiency of ADDs. Ms. Halloran referenced three information funding in 2017 and even more in 2018. Representative Miles stated that smaller items. Pursuant to KRS 45A.180(2), the The Big Sandy ADD received approximately counties within ADDs are often more dependent University of Kentucky (UK) reported its intent $50,000 more in JFA funds in 2017 and 2018. on the ADDs than the bigger counties are, in-part to use the construction management-at-risk The Bluegrass ADD received more funds in because bigger counties have the staff available project delivery method for two projects within 2017, but received the same amount in 2018 to apply for grants and funding that the smaller the Improve Good Samaritan Hospital Facilities as it had from 2013 to 2016. The Buffalo Trace counties do not have access to. pool. ADD received a little more funding in 2017, and Senator McDaniel requested that, for the Pursuant to KRS 45.760(5), the University

THE KENTUCKY GENERAL ASSEMBLY 33 of Kentucky and the University of Louisville about $2 million from project funds. the high equity cost on the original transaction. reported medical and research equipment In response to Senator McDaniel, Mr. Mr. Murphy agreed that the KEDFA debt’s lower purchases. Murphy said that the early completion payment BBB rating contributed to the higher interest Pursuant to KRS 45.812(1), the Danville is the design-builder’s negotiated share in the costs. Independent and Warren County school districts savings associated with early migration to the In response to Representative Rudy, Mr. reported bond issues with locally-funded debt KentuckyWired sites. With early migration, Howard said that interest rates were higher service to finance new projects. payments to third-party providers are when House Bill 509 was filed earlier this year, Kentucky Communications Network discontinued sooner. KCNA’s calculation of the decreasing the available proceeds by $10 million. Authority early completion payment is around $3 million, Also, a public sale may have required an $8 The Kentucky Communications Network based upon current payments to third-party million debt service reserve fund. Therefore, the Authority (KCNA) submitted the Kentucky providers, and the design-builder’s calculation is borrowers decided to pursue private placement Bond Development Corporation (City of around $8 million. alternatives. The debt issuance is allowed under Williamsburg, Kentucky) Revenue Bonds, KCNA and KWIC’s boards as well as the KRS 103.200 et seq., the industrial revenue Series 2019 in an amount not to exceed $110 City of Williamsburg approved the debt issuance. bond statutes, and KLC suggested the City of million as authorized by KRS 154.15-020(4) to Mr. Hendrix stated that KWIC is a Chapter 273 Williamsburg as the sponsor city. pay KentuckyWired project costs, capitalized Kentucky non-profit corporation run by a board In response to Senator Mills, Mr. Murphy interest through fiscal year 2021, and costs of comprised of the Secretary of the Executive said the Series A, B, and C debt issuance issuance. The bonds will be secured by a lease Cabinet, the State Budget Director, and KCNA’s totaled around $306 million. There was also with the Finance and Administration Cabinet. Executive Director. KCNA is attached to the the approximate $40 million in availability The cabinet will make the lease payments with Office of the Governor and is part of the General payments during construction; $30 million future legislative appropriations. Government Cabinet. KWIC would not assume direct contribution from the commonwealth; KentuckyWired project construction is any liability for this debt issuance in the event of $23.5 million milestone payment, funded from a continuing with fiber installed each month, a default. federal grant; and sponsors’ equity contribution. particularly in Rings 1A, 1B, and 2. Make Ready Mr. Howard said the borrowers used The availability payments are currently around Construction, making the poles ready for new KBDC rather than the Kentucky Economic $30 million per year and include debt service, fiber, is continuing in Rings 3, 4, and 5. The Development Finance Authority (KEDFA) to maintenance, operations, and sponsors’ return. contractor anticipates finishing construction differentiate this debt, secured by future general Senator McDaniel commented that the prior to the revised system completion date fund appropriations, from the KEDFA 2015 difference between the payments to finance in 2020, with some rings completed ahead of Series A, Series B, and Series C debt, secured by the project versus future payments to a private schedule. availability payments. Mr. Murphy stated that provider are unknown. The co-borrower’s, KCNA and theavailability payments are due irrespective of In response to Senator Girdler, Mr. Murphy KentuckyWired Infrastructure Company any savings from not having to pay third-party said the $23.5 million milestone payment (KWIC), financial advisors are Commonwealth providers. Mr. Howard stated that the proposed through the Center for Rural Development will Economics and Public Resources Advisory issue should yield a lower rate than the coupon be remitted upon completion of Ring 1B. Mr. Group. The issuer, the Kentucky Bond rate, similar to the most recent state office Hayden said there could be around $16 million Development Corporation (KBDC), is an building transaction rated A1 by Moody’s. in additional federal funding. affiliate of the Kentucky League of Cities (KLC) Mr. Hayden said that contractors tested Senator Girdler moved to approve the KBDC and the sponsor city is the City of Williamsburg. Ring 1A fiber in April, found damage to the bond issuance, seconded by Representative The method of sale is direct purchase by Morgan cable primarily due to squirrel bites, and have Sheldon. Senator McDaniel stated that that he Stanley. The first call date will be September 1, since replaced multiple spans of fiber. This week, knew KCNA staff were working diligently and 2029, with a 2049 final maturity. There are no contractors completed final testing of Ring 1A that his nay vote was not a reflection on KCNA. premiums associated with the call provisions. and are testing the nodes on the network as well Representative Sorolis expressed concerns The amount borrowed is estimated to be as the commonwealth’s Alternate Data Center about the $5 million difference between KCNA’s $104.360 million, which with the associated in Frankfort. On the I-75 spine from Lexington and the design-builder’s calculations of the premium brings the total sources to $118.960 to Somerset, contractors repaired damage to early completion payment, that contractual million. The project fund deposit, approximate the fiber between Richmond and Somerset and ambiguities needed to be addressed before capitalized interest, and approximate costs of finished final testing this morning. Mr. Hayden further funding. The motion failed to pass with issuance will be $110 million, $8.26 million, and said that the design-builder produced a schedule two aye votes, 4 nay votes, and one pass vote. $700,000 respectively. Annual debt service will with projected completion dates as well as a Project Report from the Finance and be around $6.9 million after expenditure of the forecast schedule with earlier completion dates. Administration Cabinet capitalized interest proceeds. In response to Representative Sheldon, Mr. Janice Tomes reported a $3,197,186 project The $110 million will fund the $93 million Howard said that the upfront issuance expenses under House Bill 200 (2018-2010 biennial budget payable to the design-builder, $88 million for would be amortized over the term of the bond bill), Part II (4), financed through three separate settled claims and $5 million for Supervening issue and that the indexed interest cost would bond-funded maintenance pools authorized Event 3; unfunded project costs; and an early be fixed when the parties signed the purchase over the last three biennia. The Cabinet for completion payment to the design-builder if agreement. Mr. Murphy commented that the Health and Family Services, Department for system completion occurs prior to May 2020. Of estimated 3.97 percent all-in true interest cost Behavioral Health, Development and Intellectual the $93 million, KCNA paid about $46 million compared favorably to the KEDFA Series A and Disabilities, Western State Hospital - HVAC so far, about $44 million from the state which B debt, with nearly five percent interest costs; the Repairs and Patient Safety Enhancements project will be reimbursed from the bond proceeds and Series C debt, with a 10 percent interest cost; and will address compliance issues with ceilings,

34 2019 Interim LEGISLATIVE RECORD communal bathrooms, and hydronic piping in is requesting a $3,051,133 Fund F loan, of acquisitions was in December 2017. 10 wards. which KIA will apply $1.3 million in principal In response to Senator McDaniel, Mr. Representative Thomas mentioned that the forgiveness. The New South Shore Water Carlsen said FFELP was eliminated in 2010 project was in his district. Treatment Plant project will improve drinking prospectively for new originations. KHESLC Report from the Office of Financial water quality in the city’s service area, including permanently finances its FFELP loan purchases Management northwestern Greenup and northeastern Lewis through either LIBOR floating rate note or Kentucky Infrastructure Authority Counties, with a one million gallon per day direct purchase note transactions. FFELP loan Representative Rudy moved to roll the Clean ground water treatment plant replacing one built balances are federally guaranteed, at either 97 Water State Revolving Fund (Fund A) loans in the 1930’s. The new 3,000 square feet facility percent or 98 percent depending upon the first and the Drinking Water State Revolving Fund will accommodate a fourth filter, if needed. disbursement date, irrespective of student loan (Fund F) loan into one roll call vote, seconded by Effective July 1, 2019, for 4,000 gallons, the forgiveness. Senator Mills, and approved by voice vote. respective monthly inside and outside city water In response to Representative Sheldon, Donna McNeil presented four KIA loans. rates are $31.24 and $33.60. The term is 20 years Mr. Carlsen said that KHESLC requested the The City of Louisa, Lawrence County, requested a at a 0.50 percent interest rate. additional authorization for potential FFELP $3,339,588 Fund A loan, of which KIA will apply In response to Senator McDaniel, Ms. loan portfolio acquisitions from banks or other $1 million in principal forgiveness, incorporating McNeil said that for utilities qualifying for the states because if such loan portfolios become a prior $232,666 planning and design loan. The disadvantaged community rate, KIA may offer available, then KHESLC may only have about Inflow & Infiltration Rehabilitation project will principal forgiveness of up to fifty percent of three to four weeks to submit bids. separate the combined sewer and storm water the loan amount, $1.3 million maximum, and Senator McDaniel moved to approve the collection system in the downtown area by a thirty year loan term. The cities of Louisa and new debt issue, seconded by Representative installing 5,230 linear feet of 8-inch polyvinyl South Shore opted for twenty year loan terms. Sheldon, and approved by unanimous roll call chloride sewer pipe and 3,930 linear feet of 12- When KIA considers principal forgiveness, vote. inch to 42-inch high density polyethylene storm which it applies after close-out of the project, The second debt issue was the Murray State water pipe. The sewer and water rates, effective it reviews the service population’s affordability University General Receipts Refunding Bonds, May 1, 2018, included annual adjustments above index relative to other projects it and the 2019 Series A. The transaction will current the Consumer Price Index. For 4,000 gallons, the Division of Water will include in the Intended refund outstanding 2009 Series A bonds and pay monthly respective inside and outside city rates Use Plan. Ms. McNeil said that the disadvantaged associated costs of issuance. Estimated issuance are $43.28 and $46.88 for sewer and $39.05 and community rate qualification is based upon state amount is $4.3 million, with net present value $50.42 for water. The term is 20 years at a 0.50 criteria, when the service population’s median savings of just under $300,000, about $30,000 percent interest rate. household income is at or below 80 percent of per year. The Paducah McCracken County Joint the commonwealth’s median household income; Representative Thomas commented that no Sewer Agency (JSA), McCracken County, $37,200 in the 2020 Intended Use Plan, an amount of savings is too small for executing the is requesting two Fund A loans for projects increase from the amount in the 2019 Intended refunding transaction. addressing a consent judgment. JSA’s first loan Use Plan. Representative Rudy moved to approve the request, $5.193 million, is for the Perkins/ Representative Rudy moved to approve the new debt issue, seconded by Senator McDaniel, Crooked Creek Wet Weather Tank project. The KIA loans, seconded by Representative Sheldon, and approved by unanimous roll call vote. project will control and transport wet weather and approved by unanimous roll call vote. School District Bond Issues with School flows near the Perkins Creek and Crooked Creek New Debt Issues Facilities Construction Commission (SFCC) sewer interceptors’ intersection to eliminate a Ryan Barrow submitted two new debt issues. Debt Service Participation sanitary sewer overflow. Construction includes The first was the Kentucky Higher Education Ryan Barrow submitted a school district a three million gallon above ground storage Student Loan Corporation (KHESLC) Student bond issue, estimated amount of $635,000, with facility, an influent diversion structure, a five Loan Backed Notes in an amount not to exceed 100 percent SFCC debt service participation for million gallon per day pump station, and 1,000 $325 million. KHESLC will use the proceeds to a roof replacement project in the Lincoln County linear feet of 18-inch and 400 linear feet of 24- finance or refinance federally guaranteed Federal School District. inch sewer pipe. Family Education Loan Program (FFELP) loan Senator McDaniel moved to approve JSA’s second loan request, $2,476,652, is for acquisitions. Between $120 million and $125 the school district bond issue, seconded by the Massac Creek Phase III project to eliminate million will be used for primarily rehabilitated Representative Sheldon, and approved by sanitary sewer overflows and decommission FFELP loans that KHESLC either expects to unanimous roll call vote. four lift stations, by moving dry and wet weather purchase as part of its routine FFELP loan Representative Thomas said that the next flows from the Perkins Creek interceptor to the acquisitions through fiscal year 2020 or already committee meeting would be held Tuesday, July Massac Creek interceptor. Construction includes purchased through interim financing sources, 23 at 1:00 p.m. in Annex Room 169, a week later improvements to the Ross Lift Station, an lines of credit or its own operating funds. KHESLC than usual. additional pump and new emergency generator, will use the additional authorized amount to With there being no further business the as well as 8,300 linear feet of gravity sewer and acquire FFELP loan portfolios from banks or meeting adjourned at 1:54 p.m. 2,700 linear feet of force main. other states, if available. The $120 million and Effective July 1, 2017, for 4,000 gallons, the $125 million will be a London Interbank Offered JSA’s monthly sewer rate is $23.32. The term for Rate (LIBOR) based transaction with a June 1, both loans is 20 years at a two percent interest 2049 final maturity. KHESLC typically issues rate. debt for FFELP loan acquisitions every 12 to The City of South Shore, Greenup County, 18 months and its last issuance for FFELP loan

THE KENTUCKY GENERAL ASSEMBLY 35 CAPITAL PLANNING ADVISORY Ms. Bowen said that, at the board’s June 3 Representative Lewis about the increased cost of BOARD meeting, members received testimony regarding the Renovate Occupational Technology Building Elizabethtown Community Technical College Minutes of the 2nd Meeting the Department of Veterans Affairs’ capital project, Mr. Marks replied said the project of the 2019 Calendar plan. Since last month, the agency amended the July 8, 2019 scope increased due to increased estimates projects in its capital plan and revised its project for construction. The project was included in Call to Order and Roll Call priorities. The changes resulted in an overall The 2nd meeting of the Capital Planning KCTCS’ last capital plan at a scope of $14.9 spending decrease of $15.7 million for the six million, and has increased by $9.9 million to Advisory Board was held on Monday, July 8, year planning period. 2019, at 2:00 PM, in Room 169 of the Capitol $24.8 million. Review of Agency Capital Plans – Kentucky State University Annex. Senator Stan Humphries, Chair, called Postsecondary Institutions the meeting to order, and the secretary called the Paul T. Cable, Director of Capital Planning The Capital Planning Advisory Board and Facilities Management, discussed the roll. received testimony regarding 10 state agency Present were: university’s capital needs. The university’s capital plans: Western Kentucky University, capital plan, for the six-year period, included 17 Members: Senator Stan Humphries, Co- Kentucky Community and Technical College Chair; Representative John Blanton, Co-Chair; proposed projects totaling $240,551,000. System, Kentucky State University, Murray State In response to a question from Senator Senator Whitney Westerfield, Representative University, Morehead State University, Northern Derek Lewis; Charles Byers, John Chilton, Laurie Humphries, Mr. Cable replied that the ranking of Kentucky University, University of Kentucky, the university’s general fund projects may change Dudgeon, John Hodgson, and Mark Overstreet. University of Kentucky Hospital, University of by the end of the year after the completion of the Guests: Jennifer Smith, Director of Louisville, and Eastern Kentucky University. master plan. Government and Community Relations, and The testimony included discussion of capital Murray State University Bryan Russell, Chief Facilities Officer, Western construction, information technology, and Dr. Robert Jackson, President, and Kentucky University; Wendell Followell, Vice equipment needs for the period 2020-2026. Jackie Dudley, Vice President for Finance and President, Ken Marks, System Director for Western Kentucky University Administrative Services, gave a brief overview Facilities Support Services, and Sandy Adkins, Bryan Russell, Chief Facilities Officer, of Murray State University’s capital plan. Director of Capital Projects Budgeting, Kentucky and Jennifer Smith, Director of Government The university’s capital plan, for the six-year Community and Technical College System; and Community Relations, discussed period, included 65 proposed projects totaling Paul T. Cable, Director of Capital Planning Western Kentucky University’s capital plan. $591,318,000. and Facilities Management, Kentucky State The university’s capital plan, for the six-year In response to a question from Senator University; Dr. Robert Jackson, President, and period, included 55 proposed projects totaling Humphries regarding the use of the Public- Jackie Dudley, Vice President for Finance and $810,900,000. Private-Partnership (P3) model in a university Administrative Services, Murray State University; In response to a question from Mr. setting, Dr. Jackson said the university received Kim Oatman, Assistant Vice President for Chilton regarding the university’s deferred additional reauthorization in the 2018-2020 Facilities and Operations, and Andrea Fryman maintenance needs, Mr. Russell said the total Executive Budget to utilize third-party financing Stone, Director of Procurement Services, deferred maintenance needs amount to about for construction of apartment-style student Morehead State University; Mike Hales, CFO $300 million, and the university spends about housing [Construct Sorority Suites - Additional and Co-Interim Chief Administration Officer, $1.4 million annually to address such needs. In Reauthorization, $19,700,000 Other - Third Syed Zaidi, Assistant Vice President for Facilities spite of diligent maintenance, the university’s Party Financing and Construct Residential Suite- Management, and Mary Paula Schuh, Senior buildings have exceeded their useful life. He Style Housing, $13,000,000 Other - Third Party Director, Planning, Design and Construction, added that safety concerns are always met first Financing.] The decision was made to utilize a Northern Kentucky University; Angela Martin, when deciding which projects to fund. P3 model, whereby a private company will fund Vice President for Financial Planning and Kentucky Community and Technical and construct the project, and the university will lease the completed building from the company Chief Budget Officer, and Mary Vosevich, Vice College System (KCTCS) for an agreed upon period of time. The specific President for Facilities Management, University Wendell Followell, Vice President, Ken terms for repayment of the construction debt will of Kentucky; Mark Watkins, Senior Associate Vice Marks, System Director for Facilities Support be laid out in the ground lease. The university President of Operations, and Kim Noltemeyer, Services, and Sandy Adkins, Director of Capital Unit Business Manager Senior, University of determined that this method of construction Projects Budgeting, gave a brief overview of the was the most efficient option. Dr. Jackson added Louisville; David T. McFaddin, Ed.D, Senior KCTCS capital plan. For the six-year period, Vice President for Operations and Strategic that EKU and WKU had been successful using the KCTCS capital plan included 109 proposed the P3 model before and that other universities Initiatives, and Ryan Green, Executive Director, projects totaling $1,082,200,000. Office of Budget and Financial Planning, Eastern were looking to use this type of partnership as In response to a question from Mr. Chilton well. Kentucky University. regarding the prioritization of the projects for LRC Staff: Shawn Bowen, Julia Wang, and Morehead State University the 16 KCTCS campuses, Mr. Followell stated Kim Oatman, Assistant Vice President Jennifer Luttrell. that KCTCS utilizes a project scoring matrix to Approval of Minutes for Facilities and Operations, and Andrea rank project priorities. KCTCS also met with the Fryman Stone, Director of Procurement A motion to approve the minutes of the leadership team of each of the 16 colleges before September 18, 2018, and June 3, 2019 meetings Services, presented the university’s capital plan. a decision was made as to the project priorities. The university’s capital plan, for the six-year was made by Representative Blanton, seconded The scores for the top ten projects were close in period, included 41 proposed projects totaling by Senator Westerfield, and approved by voice range, as such, KCTCS decided to utilize a pool $556,012,000. vote. approach to address the needs of every college. In response to questions from Representative Information Item In response to a question from Blanton about Rader Hall and the location of the

36 2019 Interim LEGISLATIVE RECORD new building, Mr. Oatman stated that Rader was constructed in 1925 and is one of the oldest classroom buildings on campus. While there have been other buildings on campus constructed for LRC Publications particular purposes since 1925, Rader is one of the only dedicated classroom buildings. The university plans to build a new science building to Research Reports replace Lappin Hall. The science building will be sited in the parking lot across from Nickle Alley and the new student center. No buildings will have to be demolished on this site. The university 459 Office of Education Accountability Kentucky District Data Pro- would be able to keep Lappin Hall in use while files School Year 2018 the new building was being built. Lappin could then be demolished or re-purposed. He added 458 Program Review and Investigations Tuition, Fees, And Other that the architectural design of the classroom building would be similar to the new science Costs At Kentucky Public Universities (2019) building and both would be in the academic core of the campus. 457 Office of Education Accountability State And Local Funds Dis- Northern Kentucky University Mike Hales, CFO and Co-Interim Chief tributed To Higher Poverty Schools (2018) Administration Officer, Syed Zaidi, Assistant Vice President for Facilities Management, and Mary 456 Program Review and Investigations Surplus Real Property In Paula Schuh, Senior Director, Planning, Design and Construction, gave a brief presentation of Kentucky (2019) Northern Kentucky University’s six-year capital plan. The university’s capital plan, for the six- 455 Office of Education Accountability Textbooks And Instructional year period, included 30 proposed projects totaling $652,550,000. Materials (2018) University of Kentucky 454 Office of Education Accountability Homeschooling In Kentucky Mary Vosevich, Vice President for Facilities Management, and Angela Martin, Vice President (2018) for Financial Planning and Chief Budget Officer, presented the capital plan for the University of 453 Office of Education Accountability Kentucky District Data Pro- Kentucky. The university’s capital plan, for the six-year period, included 300 proposed projects files School Year 2017 totaling $7,134,000,000. The University of Kentucky Hospital plan contained a total of 67 452 Program Review and Investigations Kentucky’s Foster Care proposed projects totaling $3,892,000,000. There were no questions regarding the university’s plan. System University of Louisville Mark Watkins, Senior Associate Vice 451 Office of Education Accountability High School Indicators Of President of Operations, and Kim Noltemeyer, Unit Business Manager Senior, discussed the Postsecondary Success (2017) university’s capital plan. The university’s capital 450 Office of Education Accountability Preschool Program Review plan, for the six-year period, included 104 proposed projects totaling $1,714,515,646. There And Full-Day Kindergarten (2017) (Revised 7/10/2018) were no questions regarding the university’s plan. Eastern Kentucky University 449 Office of Education Accountability School Attendance in Ken- David T. McFaddin, Ed.D, Senior Vice President for Operations and Strategic Initiatives, tucky (2017) and Ryan D. Green, Executive Director, Office of Budget and Financial Planning, discussed 446 Program Review and Investigations Motor Fuel Taxes And Re- the university’s capital needs. The university’s capital plan, for the six-year period, included 46 formulated Gasoline In Kentucky 2016 proposed projects totaling $955,252,000. There were no questions regarding the university’s 445 Program Review and Investigations Information Technology In plan. The next meeting is scheduled for Friday, Kentucky State Government (2014) August 23, 2019, in Room 169 Annex starting at 8:00 AM. There being no further business, the meeting was adjourned at 3:38 p.m.

THE KENTUCKY GENERAL ASSEMBLY 37 Scott Oldham 17 Bourbon 26 27

Shelby 23 36 28 33 19 Woodford 11 13 Campbell 7 22 35 20 Boone Kenton 37 12 Clark 24 14 17 38 34 10 Spencer Jessamine 7

Bullitt Gallatin Hardin Madison Grant Pendleton

Jefferson Co. Detail Fayette Co. Detail Northern KY Detail

23 Boone KentonCampbell 11

Gallatin 24 17 Pendleton Bracken Kentucky Senate Districts Carroll Grant Trimble Mason Greenup Lewis Senate Plan (SH001A02) became law (KRS 5.101 - 5.138) August 23, 2013, with enactment of House Bill 1. Owen Robertson 27 20 18 Henry Harrison Oldham 7 Fleming Boyd 26 Nicholas Carter Scott Franklin Shelby Bourbon Rowan Jefferson Bath Elliott Woodford Lawrence Spencer Fayette Montgomery Anderson 31 Bullitt Clark Meade Menifee 38 28 Morgan Hancock Jessamine Johnson Powell Martin Henderson Mercer Breckinridge Nelson Washington Wolfe Daviess Hardin 22 Madison Magoffin Estill Union 8 Boyle Garrard 34 4 10 14 Lee Floyd McLean Larue Marion Breathitt Pike Webster 21 Ohio Grayson Lincoln 30 5 Jackson Owsley Knott Crittenden 6 Ta yl or Rockcastle Perry Hopkins Casey 29 Livingston Hart Green 25 Muhlenberg Butler Edmonson 15 Clay Caldwell Laurel Leslie Letcher Ballard Pulaski McCracken Adair 2 Lyon Warren Russell Barren Metcalfe Marshall Christian 32 Knox Carlisle 16 Harlan To dd Logan 9 Trigg Wayne Graves 3 Cumberland Allen Whitley Bell Simpson Clinton McCreary Hickman 1 Monroe Calloway Fulton

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38 2019 Interim LEGISLATIVE RECORD Scott 59 Oldham

Bourbon 48 72 66 63 65 Shelby 62 43 33 67 41 32 77 34 58 76 69 42 56 40 35 36 64 31 Woodford Campbell 30 75 Boone Kenton 44 45 79 68 46 Clark 29 60 28 37 88 73 38 55 61 49 53 39 Jessamine 47 Spencer 78 26 71 Bullitt Gallatin 70 Pendleton Hardin Madison Grant

Jefferson Co. Detail Fayette Co. Detail Northern KY Detail

Boone KentonCampbell

Gallatin 61 Pendleton Bracken Kentucky House Districts Carroll Grant 98 Trimble 78 Mason Greenup Lewis House Plan (HH001M01) became law (KRS 5.201 - 5.300) August 23, 2013, with enactment of House Bill 1. 47 Owen Robertson 70 Henry Harrison 99 59 Boyd Oldham 62 Fleming Nicholas Carter 100 Scott 72 Franklin 96 Shelby Bourbon Rowan Jefferson 57 Bath Elliott 58 Lawrence Woodford Spencer Fayette Montgomery Anderson 56 Clark Meade Bullitt 53 74 Menifee 97 13 Morgan Hancock 27 26 49 Jessamine Johnson 11 55 Powell Martin Henderson Breckinridge Nelson Mercer 39 73 Washington Wolfe 7 Hardin 81 Magoffin 10 50 Estill Union Daviess 18 Madison 95 25 Boyle Garrard 93 Lee Floyd Webster McLean 14 Larue Marion 71 Breathitt Pike 89 Ohio Grayson Lincoln Owsley 91 92 Crittenden 12 Jackson 54 80 Knott 4 Ta yl or Rockcastle Hopkins 24 Casey Perry Hart Livingston Green 90 Muhlenberg Butler Edmonson 94 Clay 3 Caldwell 51 Laurel 84 15 17 19 Leslie Letcher Ballard Adair Pulaski McCracken 9 21 85 1 Lyon Warren Metcalfe Russell Marshall 16 Barren 86 Christian 83 Knox Carlisle Harlan 6 Logan 23 52 Trigg To dd 8 Wayne 87 Graves Cumberland 82 Simpson Allen McCreary Bell Hickman 2 5 22 Monroe Clinton Whitley Calloway Fulton 20

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THE KENTUCKY GENERAL ASSEMBLY 39 2019 Interim LEGISLATIVE Robert Stivers David Osborne SENATE PRESIDENT SPEAKER OF THE HOUSE RECORD David P. Givens David Meade Published monthly by the Jay D. Hartz PRESIDENT PRO TEMPORE SPEAKER PRO TEMPORE Legislative Research Com- Director Damon Thayer John Bam Carney mission, the Interim Record Legislative Research MAJORITY FLOOR LEADER MAJORITY FLOOR LEADER is designed to inform the Commission Morgan McGarvey Rocky Adkins MINORITY FLOOR LEADER MINORITY FLOOR LEADER citizens of Kentucky of the Robert Jenkins between-sessions work of the Deputy Director for Julie Raque Adams Suzanne Miles General Assembly. Committee and Staff MAJORITY CAUCUS CHAIR MAJORITY CAUCUS CHAIR Paper subscriptions are free Coordination Johnny Ray Turner Derrick Graham upon request. Contact the LRC MINORITY CAUCUS CHAIR MINORITY CAUCUS CHAIR Public Information Office, Rob Weber Mike Wilson Chad McCoy Public Information MAJORITY WHIP MAJORITY WHIP Capitol Annex, Frankfort KY, Officer 40601 at 502-564-8100, ext. 307 Dennis Parrett Joni L. Jenkins to subscribe. Joe Cox MINORITY WHIP MINORITY WHIP Publications and Printing TheInterim Record can also Officer The Kentucky Legislative Research Commission is a 16-member committee of the majority and minority leadership of be read online at legislature. Rebecca Mullins the Kentucky Senate and House of Representatives. Under Chapter 7 of the Kentucky Revised Statutes, the LRC constitutes ky.gov/Legislation/Pages/de- Hanchett the administrative office for the General Assembly. Its director serves as chief administrative officer of the Legislature when fault.aspx. If you have a paper Editor, Typography and it isn’t in session. subscription and would like to Design The Commission and its staff, by law and by practice, perform numerous fact-finding and service functions for members end your subscription and read of the Legislature, employing professional, clerical and other employees required when the General Assembly is in session the Interim Record online only, Public Information Staff: and during the interim period between sessions. These employees, in turn, assist committees and individual legislators please contact the LRC Public Stephanie Newberg in preparing legislation. Other services include conducting studies and investigations, organizing and staffing committee Information Office at 502-564- Jeff Fossett meetings and public hearings, maintaining official legislative records and other reference materials, providing information Steve Gatewood 8100, ext. 307. Stories and about the Legislature to the public, compiling and publishing administrative regulations, administering a legislative intern Bruce Phillips program, conducting orientation programs for new legislators, and publishing a daily index and summary of legislative photographs may be reprinted Bud Kraft actions during sessions. without permission, although Keith Krey credit is appreciated. Jim Hannah The LRC is also responsible for statute revision, publishing and distributing the Acts and Journals following sessions, Susan Kennedy and for maintaining furnishings, equipment and supplies for the Legislature. It also functions as Kentucky’s Commission on Printed with state funds Interstate Cooperation in carrying out the program of the Council of State Governments as it relates to Kentucky.

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