2020

July

PUBLISHED BY LEGISLATIVE RESEARCH COMMISSION Volume 33, No. 3 LEGISLATURE.KY.GOV/LEGISLATION/PAGES/DEFAULT.ASPX New state laws take eff ect by Jim Hannah LRC Public Information FRANKFORT – Most new laws approved during this year’s regular session of the Kentucky General Assembly went into eff ect on July 15. Th e new laws address topics including verifying voters’ identities, reporting animal abuse and selecting potential jurors.

While COVID-19 concerns caused lawmakers to gavel into session for only 53 of the 60 days allowed under the Kentucky Constitution, 285 Senate bills and 647 House bills were introduced for a total of 932. Of those, 49 Senate bills and 75 House bills became law for a total of 124. Th at’s in addition to 462 resolutions that were introduced in both chambers, four of which carry the weight of law. Th at means 13.3 percent of all bills introduced became law.

Th e Kentucky Constitution specifi es that new laws take eff ect 90 days aft er the adjournment of the legislature, which was April 15, unless they have special eff ective dates, are general appropriation measures, or include emergency clauses that make them eff ective immediately upon becoming law. During this year’s session of the General Assembly, 285 Senate bills and 647 House bills were While some major measures took eff ect earlier introduced for a total of 932. Of those, 49 Senate bills and 75 House bills became law for a total of 124. this year – such as the state budget and COVID-19 relief – the majority of bills didn’t go on the books beverages per month. HB 415 prohibits shipping to people under 21 and dry territories, communities until July. Th ey included measures on these where local laws prohibit alcohol sales. additional topics: Animal abuse: Senate Bill 21 allows veterinarians to make a report to authorities if they fi nd that an Alcohol: House Bill 415 allows distillers, animal under their care has been abused. Previous statutes prevented veterinarians from reporting abuse wineries and breweries to ship directly to consumers of animals under their care unless they had the permission of the animal’s owner or were under a court – once certain regulations are in place. Th e bill order. imposes shipping limits of 10 liters of distilled spirits, 10 cases of wine and 10 cases of malt Eating disorders: Senate Bill 82 allows the creation of the Kentucky Eating Disorder Council. Th e group will oversee the development and implementation of eating disorder awareness, education, prevention and research programs.

THE KENTUCKY GENERAL ASSEMBLY 1 New State Laws, from page 1 Elections: Senate Bill 2, dubbed the voter photo ID bill, requires voters to present photographic identifi cation, starting in November. If a voter does not have a photo ID, they will be able to show another form of ID and affi rm, under the penalty of perjury, that they are qualifi ed to vote. Th e bill also allows poll workers to vouch for a voter they know. People who request mail-in absentee ballots must also provide a copy of a photo ID or complete an affi rmation that they are qualifi ed to vote.

Expungement: House Bill 327 allows for automatic expungement of some acquittals and dismissals in addition to expungements of felony charges held to the grand jury that have not resulted in an indictment aft er 12 months.

Human rights: House Bill 2 requires a national anti-human traffi cking hotline number to be advertised in airports, truck stops, train stations and bus stations. Posters with the hotline number had previously been required in only at rest areas. Th e bill also closes a loophole in the state sex off ender registry by adding specifi c human traffi cking off enses to the defi nition of a sex crime.

Infrastructure protection: House Bill 44 strengthens security for critical infrastructure across Kentucky by specifying that above-ground natural gas and petroleum pipelines in addition to certain cable television facilities aren’t suitable areas for drone fl ights. Th e legislation also defi nes tampering with the assets as felony criminal mischief.

Jurors: Senate Bill 132 adds people with state-issued personal identifi cation cards to the pool of potential jurors in the county where they live. Th e prior practice was to draw only from driver’s license lists, tax rolls and voter registration lists.

Lt. Governor: House Bill 336 allows gubernatorial candidates to select their running mate for lieutenant governor before the second Tuesday in August instead of during the spring primary campaign.

Mental health: House Bill 153 allows the establishment of the Kentucky Mental Health First Aid Training Program. Th e aim is to train professionals and members of the public to identify and assist people with mental health or substance abuse problems. Th e program will also promote access to trainers certifi ed in mental health fi rst aid training.

Senate Bill 122 made a change to Tim’s Law of 2017, a much-heralded law that has rarely been used by the courts. Th e original law allowed judges to order assisted outpatient treatment for people who had been involuntarily hospitalized at least twice in the past 12 months. SB 122 extended the period to 24 months.

Schools: Senate Bill 158 changes high school graduation requirements, how the state grades public schools and identifi es academic achievement gaps. Th e omnibus bill also eliminated training for school board members related to charter schools unless the school district has received a charter school application.

Sex off enders: House Bill 204 prohibits sex off enders from living within 1,000 feet of a publicly leased playground. Sex off enders already had to follow these standards for publicly owned parks.

Students’ wellbeing: Senate Bill 42 states that, starting on Aug. 1, student IDs for middle school, high school and college students must list contacts for national crisis hotlines specializing in domestic violence, sexual assault and suicide prevention. Legislative panel focuses on police body cameras by Jim Hannah LRC Public Information

FRANKFORT – A committee of state House and Senate members took testimony during a July 9 meeting on the pros and cons of legislation mandating police body cameras in Kentucky.

“If we are going to put a mandatory program for body cams in this state, we have to look at the funding,” said University of Kentucky Police Chief Joe Monroe while testifying before the Interim Joint Committee on Judiciary. “Th ere would be small agencies in this state who would not be able to aff ord these types of programs.”

South Carolina and Nevada are the only states currently requiring body cameras for police offi cers, said Monroe, who is also the fi rst vice president of the Kentucky Association of Chiefs of Police. He said at least 24 states have laws governing required policy, storage or specifi c procedures regarding the public release of body camera footage.

2 2020 Interim LEGISLATIVE RECORD Committee Co-chair Rep. , R-Elkton, asked what the annual cost would be to equip an offi cer with a body camera. Monroe estimated between $1,500 and $1,800 per offi cer for a “low-cost camera.” He said newer, more advanced body camera technology could run up to $5,000 per offi cer.

Daviess County Sheriff Keith Cain testifi ed it would cost an estimated $50,000 to equip 30 deputies with body cameras in his department. He added the major expense is the hidden reoccurring costs related to storage, maintenance and the additional staff to manage it all. Cain said that was estimated to be $40,000 annually.

Petrie then asked if body cameras were worth the cost to taxpayers. Monroe said he strongly encouraged the use of body cameras. “I believe in them,” he said. “I believe the investment in them is worth it.”

Cain, who also spoke on behalf of the state sheriff ’s association, said the vast majority of Kentucky sheriff s would love to have the transparency that body cameras provide. He added that budgetary issues keep many small- and medium-size departments, including his own, from acquiring those cameras.

“If this is something the General Assembly thinks should happen, and I personally agree that it should, I would hope that this body would start by looking at where that money would come from because most of the communities in Kentucky will not be able to aff ord them,” Cain said.

Kentucky League of Cities CEO J.D. Chaney testifi ed that his organization has historically been against unfunded mandates but that the organization generally supports the use of police body cameras. He added that body cameras could also reduce insurance premiums for municipalities, many of which are insured through the league.

Sen. Phillip Wheeler, R-Pikeville, asked how long camera footage should be saved and whether costs to departments could be reduced if the state provided storage. Monroe said his department kept footage for a minimum of 30 days. He added that cost to local departments would likely be reduced if the state provided data storage.

Sen. Robin L. Webb, D-Grayson, asked what departments could do to ensure offi cers equipped with body cameras used them. Monroe said that is done through policy and training.

Sen. John Schickel, R-Union, said requiring every police offi cer to wear a body camera isn’t going to be the cure-all when it comes to building trust between police departments and the communities they serve.

“A lot of people think politicians are corrupt, but do we want a camera in the Senate president’s offi ce, or the governor’s offi ce, or my offi ce, to make sure we do everything right every day?” said Schickel, a former law enforcement offi cer. “Where does this all stop?”

In addition to the costs, Monroe said the negatives associated with body cameras include the fact that the footage does not capture the offi cer’s mindset based on what he or she perceived was occurring.

Sen. Gerald A. Neal, D-Louisville, asked about the benefi ts of body cameras. Monroe said they include better transparency, improved trust, reduced citizen complaints and the phenomenon of the “civilizing eff ect.” It’s a term referring to individuals engaging in more civil behavior toward each other when they know they are being recorded.

Sen. Danny Carroll, R-Paducah, said he supports body cameras. Th e former internal aff airs investigator and assistant police chief said Paducah police successfully pioneered the use of body cameras in Kentucky years ago.

“Th ey use the opportunity with the video that is taken from those body cameras to support their offi cers and to put positive stories out,” Carroll said. “Th ey have been a value to them in that way.”

He asked where the technology of body cameras was heading. Monroe said his department was exploring the possibility of cameras providing live, real-time video to dispatchers. Sen. Gerald A. Neal, D-Louisville, asks University of Kentucky Police Chief Joe Monroe a question about police body cameras during a July 9 meeting.

THE KENTUCKY GENERAL ASSEMBLY 3 2020 Kentucky General Assembly Senate Julie Raque Adams (36) Stan Humphries (1) Robert Stivers II (25) 213 S Lyndon Lane 763 Sinking Fork Rd 207 Main St Louisville, KY 40222 Cadiz, KY 42211 Manchester, KY 40962 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 Ralph Alvarado (28) (Home) 270-522-0195 (Home) 606-598-8575 3250 McClure Road Alice Forgy Kerr (12) (Work) 606-598-2322 Winchester, KY 40391 3274 Gondola Dr (Work FAX) 606-598-2357 (LRC) 502-564-8100 Lexington, KY 40513 Damon Thayer (17) Tom Buford (22) (LRC) 502-564-8100 702 Capital Ave. 409 W Maple St (Home) 859-223-3274 Annex Room 242 Nicholasville, KY 40356 Christian McDaniel (23) Frankfort, KY 40601 (LRC) 502-564-8100 PO Box 15231 (LRC) 502-564-8100 (LRC FAX) 502-564-2466 Latonia, KY 41015 Reginald Thomas (13) (Home) 859-885-0606 (LRC) 502-564-8100 702 Capital Ave. (Home FAX) 859-885-0606 Morgan McGarvey (19) Annex Room 255 Jared Carpenter (34) 2250 Winston Ave Frankfort, KY 40601 PO Box 100 Louisville, KY 40205 (LRC) 502-564-8100 Berea, KY 40403 (LRC) 502-564-8100 (LRC FAX) 502-564-0777 (LRC) 502-564-8100 (Home) 502-589-2780 Johnny Ray Turner (29) Danny Carroll (2) Stephen Meredith (5) 849 Crestwood Dr 220 Cimarron Way 1424 Byrtle Grove Rd Prestonsburg, KY 41653 Paducah, KY 42001 Leitchfi eld, KY 42754 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 606-889-6568 (Home) 270-703-8025 Robby Mills (4) Robin L. Webb (18) Julian M. Carroll (7) 702 Capital Avenue 102 S Hord St 702 Capital Ave Annex Room 255 Grayson, KY 41143 Annex Room 255 Frankfort, KY 40601 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC/Home) 502-564-8100 (Home) 606-474-5380 (LRC) 502-564-8100 Gerald A. Neal (33) Stephen West (27) Matt Castlen (8) 462 S 4th St 202 Vimont Ln 702 Capital Ave Meidinger Twr, Ste. 1250 Paris, KY 40361 Annex Room 255 Louisville, KY 40202 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 Whitney Westerfi eld (3) (LRC) 502-564-8100 (Home) 502-776-1222 700 South Main Street Perry B. Clark (37) (Work) 502-584-8500 PO Box 1107 5716 New Cut Rd (Work FAX) 502-584-1119 Hopkinsville, KY 42241 Louisville, KY 40214 Michael J. Nemes (38) (LRC) 502-564-8100 (LRC) 502-564-8100 209 Sandy Drive (Work) 270-885-7671 C.B. Embry Jr. (6) Shepherdsville, KY 40165 Phillip Wheeler (31) PO Box 1215 (LRC) 502-564-8100 702 Capital Ave. Morgantown, KY 42261 Dennis Parrett (10) Annex Room 255 (LRC) 502-564-8100 731 Thomas Rd Frankfort, KY 40601 (Home) 270-526-6237 Elizabethtown, KY 42701 (LRC) 502-564-8100 Rick Girdler (15) (LRC) 502-564-8100 Mike Wilson (32) 702 Capital Ave (Home) 270-765-4565 702 Capital Ave. Annex Room 209 Albert Robinson (21) Annex Room 242 Frankfort, KY 40601 1249 S Main St Frankfort, KY 40601 (LRC) 502-564-8100 London, KY 40741 (LRC) 502-564-8100 David P. Givens (9) (LRC) 502-564-8100 Max Wise (16) PO Box 12 John Schickel (11) 702 Capital Ave. Greensburg, KY 42743 702 Capital Ave. Annex Room 229 (LRC) 502-564-8100 Annex Room 209 Frankfort, KY 40601 Denise Harper Angel (35) Frankfort, KY 40601 (LRC) 502-564-8100 2521 Ransdell Ave (LRC) 502-564-8100 Louisville, KY 40204 Wil Schroder (24) (LRC) 502-564-8100 702 Capital Ave (Home) 502-452-9130 Annex Room 209 Jimmy Higdon (14) Frankfort, KY 40601 344 N Spalding (LRC) 502-564-8100 Lebanon, KY 40033 Brandon Smith (30) (LRC) 502-564-8100 PO Box 846 (Home) 270-692-6945 Hazard, KY 41702 Paul Hornback (20) (LRC) 502-564-8100 6102 Cropper Rd (Home) 606-436-4526 * Members of the Kentucky General Assembly may also Shelbyville, KY 40065 (Home FAX) 606-436-4526 be contacted by calling 502-564-8100. (LRC) 502-564-8100

4 2020 Interim LEGISLATIVE RECORD 2020 Kentucky General Assembly House

Kim Banta (63) (30) (84) 702 Capital Ave 4012 Lambert Ave 277 Right Branch Spencer Annex Room 329I Louisville, KY 40218 Chavies, KY 41727 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 LRC: 502-564-8100 (Home) 502-454-4002 (Home) 606-233-5660

Lynn Bechler (4) McKenzie Cantrell (38) (46) 2359 Brown Mines Rd 702 Capital Avenue 8406 Cloverport Dr Marion, KY 42064 Annex Room 424A Louisville, KY 40228 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 (Home) 270-988-4171 (LRC) 502-564-8100 Jim Glenn (13) John Bam Carney (51) 702 Capital Ave. Danny Bentley (98) PO Box 4064 Annex Room 462A 702 Capital Avenue Campbellsville, KY 42719 Frankfort, KY 40601 Annex Room 367C (LRC) 502-564-8100 (LRC) 502-564-8100 Frankfort KY 40601 (Home) 270-403-7980 (Home) 270-686-8760 (LRC) 502-564-8100 Jeff ery Donohue (37) John Blanton (92) PO Box 509 (89) 702 Capital Avenue Fairdale, KY 40118 2163 E Highway 30 Annex Room 329H (LRC) 502-564-8100 East Bernstadt, KY 40729 Frankfort, KY 40601 (Work) 502-439-6175 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC FAX) 502-564-5640 (9) (Home) 606-305-1321 (32) 491 E Nashville St 702 Capital Ave. Pembroke, KY 42266 Jr. (12) Annex Room 451E (LRC) 502-564-8100 806 Princeton St Frankfort, KY 40601 (Home) 270-475-9503 Providence, KY 42450 (LRC) 502-564-8100 (LRC) 502-564-8100 Jim DuPlessis (25) (Home) 270-667-7327 Charles Booker (43) 702 Capital Ave (Work FAX) 270-667-5111 702 Capital Ave. Annex Room 376 Annex Room 424C Frankfort, KY 40601 Derrick Graham (57) Frankfort, KY 40601 (LRC) 502-564-8100 157 Bellemeade Dr (LRC) 502-564-8100 Frankfort, KY 40601 Larry Elkins (5) (LRC) 502-564-8100 Adam Bowling (87) 702 Capital Ave. (Home) 502-223-1769 PO Box 2928 Annex Room 405D Middlesboro, KY 40965 Frankfort, KY 40601 Joe Graviss (56) (LRC) 502-564-8100 (LRC) 502-564-8100 702 Capital Ave. (Home) 270-293-4841 Annex Room 429J Terri Branham Clark (100) Frankfort, KY 40601 702 Capital Ave. Daniel Elliott (54) (LRC) 502-564-8100 Annex Room 429B PO Box 2082 (Work) 859-433-4392 Frankfort, KY 40601 Danville, KY 40423 (LRC) 502-564-8100 (LRC) 502-564-8100 David Hale (74) (Home) 606-232-0357 (Home) 859-332-4204 11 Hales Ln Wellington, KY 40387 Kevin D. Bratcher (29) Joseph M. Fischer (68) (LRC) 502-564-8100 10215 Landwood Dr 126 Dixie Place (Home) 606-768-3474 Louisville, KY 40291 Ft Thomas, KY 41075 (LRC) 502-564-8100 (LRC) 502-564-8100 Chris Harris (93) (Home) 502-231-3311 (Home) 859-781-6965 719 Forest Hills Rd (Work) 513-794-6442 Forest Hills, KY 41527 R. Travis Brenda (71) (LRC) 502-564-8100 702 Capital Ave. (75) (Home) 606-237-0055 Annex Room 316E 121 Arcadia Park Frankfort, KY 40601 Lexington, KY 40503 Mark Hart (78) (LRC) 502-564-8100 (LRC) 502-564-8100 202 W 4th St (Home) 859-221-3107 Falmouth, KY 41040 (3) (LRC) 502-564-8100 375 Stonegate Drive Deanna Frazier (81) (Home) 859-654-4278 Paducah, KY 42003 702 Capital Ave. (94) (LRC) 502-564-8100 Annex Room 405C (Home) 270-331-0648 Frankfort, KY 40601 20 Ohio St (Home FAX) 270-443-4526 (LRC) 502-564-8100 Whitesburg, KY 41858 (LRC) 502-564-8100 George Brown Jr. (77) 424 E Fourth Street (6) Lexington, KY 40508 702 Capital Ave. (LRC) 502-564-8100 Annex Room 413E (Home) 859-312-7513 Frankfort, KY 40601 (LRC) 502-564-8100

THE KENTUCKY GENERAL ASSEMBLY 5 2020 Kentucky General Assembly

Richard Heath (2) Derek Lewis (90) (20) 438 Millers Chapel Rd 702 Capital Ave. 702 Capital Ave. Mayfi eld, KY 42066 Annex Room 413D Annex Room 429A (LRC) 502-564-8100 Frankfort, KY 40601 Frankfort, KY 40601 (Home) 270-705-7539 (LRC) 502-564-8100 (LRC) 502-564-8100 (Work) 270-247-2210 (Home) 606-594-0061 (Work FAX) 270-247-2304 (Home FAX) 606-672-5526 (64) PO Box 143 (18) (14) Independence, KY 41051 474 Mulberry St., Apt. B PO Box 454 (LRC) 502-564-8100 Leitchfi eld, KY 42754 Hartford, KY 42347 LRC: 502-564-8100 (LRC) 502-564-8100 (33) 702 Capital Avenue Kathy Hinkle (96) (61) Annex Room 416C 702 Capital Ave. 702 Capital Ave. Frankfort, KY 40601 Annex Room 424B Annex Room 413G (LRC) 502-564-8100 Frankfort, KY 40601 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (59) PO Box 8 Jeff Hoover (83) (34) Prospect, KY 40059 PO Box 985 2007 Tyler Ln (LRC) 502-564-8100 Jamestown, KY 42629 Louisville, KY 40205 (Work) 502-645-2186 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 270-343-2264 (Home) 502-451-5032 (Work) 270-343-5588 (76) C. Ed Massey (66) 10 Deepwood Dr Cluster Howard (91) 702 Capital Ave. Lexington, KY 40505 PO Box 274 Annex Room 352B (LRC) 502-564-8100 Jackson, KY 41339 Frankfort, KY 40601 (Home) 859-299-2597 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 606-568-7660 Jason Petrie (16) Bobby McCool (97) 702 Capital Ave Regina Huff (82) 702 Capital Ave. Annex Room 313 179 Mountain St Annex Room 413C Frankfort, KY 40601 Williamsburg, KY 40769- Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 606-549-3439 (62) Chad McCoy (50) 702 Capital Ave Thomas Huff (49) 702 Capital Avenue Annex Room 367 PO Box 1331 Annex Room 370 Frankfort, KY 40601 Shepherdsville, KY 41065 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 Melinda Gibbons Prunty (15) Joni L. Jenkins (44) (80) PO Box 411 2010 O’Brien Ct PO Box 121 Greenville, KY 42345 Shively, KY 40216 Stanford, KY 40484 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-447-4324 (47) (42) PO Box 273 (55) PO Box 757 Bedford, KY 40006 250 Bright Leaf Dr Louisville, KY 40201 (LRC) 502-564-8100 Harrodsburg, KY 40330 (LRC) 502-564-8100 (Home) 502-255-3392 (LRC) 502-564-8100 (Work) 502-741-7464 (Work) 502-255-3286 (Home) 859-734-2173 Michael Meredith (19) (Work FAX) 502-255-9911 Matthew Koch (72) PO Box 292 702 Capital Ave. Brownsville, KY 42210 (31) Annex Room 329E (LRC) 502-564-8100 702 Capital Ave. Frankfort, KY 40601 (Work) 270-597-6049 Annex Room 451B (LRC) 502-564-8100 Frankfort, KY 40601 Russ A. Meyer (39) (LRC) 502-564-8100 (69) 106 Lone Oak Drive 170 Herrington Ct #12 Nicholasville, KY 40356 (24) Erlanger, KY 41018 (LRC) 502-564-8100 113 N Walters Ave (LRC) 502-564-8100 P.O. Box 8 (Home) 859-653-5312 Suzanne Miles (7) Hodgenville, KY 42748 PO Box 21592 (LRC) 502-564-8100 (40) Owensboro, KY 42304 (Work) 270-358-0868 702 Capital Ave. (LRC) 502-564-8100 Annex Room 429E (23) Frankfort, KY 40601 Charles Miller (28) 189 Blue Sky Dr (LRC) 502-564-8100 3608 Gateview Cir Glasgow, KY 42141 Louisville, KY 40272 (LRC) 502-564-8100 (45) (LRC) 502-564-8100 (Home) 270-646-6821 PO Box 2090 (Home) 502-937-7788 Lexington, KY 40588 Rachel Roberts (67) (LRC) 502-564-8100 Jerry T. Miller (36) 702 Capital Ave (Home) 859-252-2202 PO Box 36 Annex Room 460 (Home FAX) 859-259-2927 Eastwood, KY 40018 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100

6 2020 Interim LEGISLATIVE RECORD

2020 Kentucky LRC General Assembly Publications

Rob Rothenburger (58) (27) 811 Stapleton Rd 702 Capital Ave Shelbyville, KY 40065 Annex Room 351D 2020 Price List (LRC) 502-564-8100 Frankfort, KY 40601 (Home) 502-633-5832 (LRC) 502-564-8100 Daily Record Pick up: $165 (21) Walker Thomas (8) PO Box 336 2620 Cox Mill Road Daily Record Mailed: $165 Tompkinsville, KY 42167 Hopkinsville, KY 42240 (LRC) 502-564-8100 (LRC) 502-564-8100 (plus postage) (Home) 270-889-8091 Friday Record Mailed: $38.50 (1) (Home FAX) 270-885-5335 350 Peppers Mill Drive (plus postage) Paducah, KY 42001 James Tipton (53) (LRC) 502-564-8100 8151 Little Mount Rd Individual Record Pick up: $2.75 (Work) 270-462-3156 Taylorsville, KY 40071 (LRC) 502-564-8100 Individual Record Mailed: $2.75 (60) 12094 Jockey Club Dr Tommy Turner (85) (plus postage) Union, KY 41091 175 Clifty Grove Church (LRC) 502-564-8100 Somerset, KY 42501 (Home) 859-371-8840 (LRC) 502-564-8100 (Home FAX) 859-371-4060 (Home) 606-274-5175 Bills

Dean Schamore (10) Ken Upchurch (52) Complete Set of Bills and Resolutions 120 Ball Park Rd PO Box 969 Hardinsburg, KY 40143 Monticello, KY 42633 (Pick up): $630 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 606-340-8490 Individual Bills Per Page: $.05 (41) Amendments Per Page: $.05 702 Capital Ave (26) Annex Room 432C PO Box 6605 Roll Call Votes: $.15 Per Page Frankfort, KY 40601 Shepherdsville, KY 40165 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-543-8209 (17) Publications 702 Capital Ave (79) Annex Room 351B PO Box 22778 1-10 copies: Free to general public; Frankfort, KY 40601 Lexington, KY 40522 (LRC) 502-564-8100 (LRC) 502-564-8100 larger numbers of free copies (Work) 859-266-7581 John Sims Jr (70) are available to schools and state 167 Ashley St Buddy Wheatley (65) Flemingsburg, KY 41041 702 Capital Avenue agencies (Copies over preapproved (LRC) 502-564-8100 Annex Room 462A limits require agency approval) (Home) 606-748-1839 Frankfort, KY 40601 (LRC) 502-564-8100 (48) 702 Capital Ave Richard White (99) Administrative Regulations Annex Room 432A 702 Capital Ave Frankfort, KY 40601 Annex Room 405 Administrative Register (monthly): (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 $120.00 Cherlynn Stevenson (88) 702 Capital Ave (11) Annex Room 424G 702 Capital Avenue Frankfort, KY 40601 Annex Room 451A Acts of the General Assembly (2018) (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 Regular Session: $80.00 (2 Volumes) III (86) (Work) 270-831-1087 545 KY 223 Special Sessions: Priced after printing Flat Lick, KY 40935 (35) (LRC) 502-564-8100 702 Capital Avenue (Home) 606-542-5210 Annex Room 424D Frankfort, KY 40601 Journals (22) (LRC) 502-564-8100 House and Senate Complete Set, 1481 Jeff erson School Road (Home) 502-599-7289 Scottsville, KY 42164 House Set, Senate Set: Priced after (LRC) 502-564-8100 Les Yates (73) (Home) 270-622-5054 702 Capital Avenue printing Annex Room 351C Ashley Tackett Laferty (95) Frankfort, KY 40601 702 Capital Ave (LRC) 502-564-8100 (All prices subject to 6% Kentucky sales tax Annex Room 432D Frankfort, KY 40601 * Members of the Kentucky General Assembly may also within Kentucky, and subject to change) (LRC) 502-564-8100 be contacted by calling 502-564-8100.

THE KENTUCKY GENERAL ASSEMBLY 7 Committee Meetings

Joint Committee on Natural compliance and actions to ensure compliance must be submitted to the EEC. Th ere have been 61 requests for Resources and Energy regulatory fl exibility. Index Minutes of the 1st Meeting Commissioner Gordon Slone stated COVID-19 of the 2020 Interim has contributed to a slight decrease in permitting ac- June 4, 2020 tions in Kentucky’s coal mining industry. Th e min- A Call to Order and Roll Call Administrative Regulation Review Subcommittee, 36 ing and mineral extraction industry was deemed a Th e 1st meeting of the Interim Joint Committee life-sustaining business. on Natural Resources and Energy was held on Th urs- Interim Joint Committee on Appropriations In response to a question from Senator Th om- and Revenue Budget Review Subcommittee on day, June 4, 2020, at 1:00 PM, in Room 171 of the Cap- as, Secretary Goodman stated when a request to Education, 15 itol Annex. Senator Brandon Smith, Chair, called the waive noncompliance is received, it is reviewed by a meeting to order, and the secretary called the roll. regulatory fl exibility committee. If a regulated entity Interim Joint Committee on Appropriations and Present were: can demonstrate that COVID-19 is the impediment Revenue Budget Review Subcommittee on General Members: Senator Brandon Smith, Co-Chair; to achieving compliance then the request can be ap- Government, Finance, Personnel, and Public Representative Jim Gooch Jr., Co-Chair; Senators proved. All requests received have been approved. Retirement,24 Matt Castlen, Robby Mills, John Schickel, Reginald In response to a question from Senator Webb, Th omas, Johnny Ray Turner, Robin L. Webb, and Interim Joint Committee on Appropriations and Commissioner Slone stated the Department for Nat- Phillip Wheeler; Representatives John Blanton, Adam ural Resources (DNR) has received three complaints Revenue Budget Review Subcommittee on General Bowling, Terri Branham Clark, R. Travis Brenda, Government, Finance, Personnel, and Public regarding mine practices due to COVID-19. Th e com- Retirement,24 Randy Bridges, Myron Dossett, Jim DuPlessis, Daniel plaints are that protocols for social distancing were Elliott, Chris Fugate, Cluster Howard, Derek Lewis, not being followed, and personal protective equip- Interim Joint Committee on Appropriations Suzanne Miles, Melinda Gibbons Prunty, Josie Ray- ment was not being provided. Th e DNR has investi- and Revenue Budget Review Subcommittee on mond, Cherlynn Stevenson, Jim Stewart III, Richard gated, and two of the complaints received from Pike Transportation, 25 White, and Rob Wiederstein. County were unfounded. Guests: Rebecca Goodman, Secretary, Energy In response to a question from Senator Wheeler, C and Environment Cabinet; John Lyons, Deputy Com- Commissioner Slone stated there is an existing statute, Capital Projects and Bond Oversight Committee, 32 missioner, Department for Environmental Protection; KRS 337:200, which requires mining and construction and Gordon Slone, Commissioner, Department for companies to furnish a performance bond to assure Interim Joint Committee on Economic Development Natural Resources. and Workforce Investment, 22 payment of all wages to employees. Th e Labor Cabinet LRC Staff : Stefan Kasacavage, Janine Coy, Tanya is enforcing the statute. Child Welfare Oversight and Advisory Committee, 21 Monsanto, and Rachel Hartley. In response to a question from Representative Changes to Regulatory Enforcement Policy in Gooch, Secretary Goodman assured the committee E Response to COVID-19 that EEC staff is working with regulated entities to Interim Joint Committee on Education, 8, 11 Secretary Rebecca Goodman stated the Energy keep them in business. and Environment Cabinet (EEC) has had success with In response to a question from Senator Smith, G the Healthy at Home Initiative and has been able to Commissioner Slone stated there are approximately Government Contract Review Committee, 26 accomplish approximately 80 percent of the Cabinet’s 70 mines operating in Kentucky. functions. Th ese functions include: inspections, inves- Representative Gibbons-Prunty advocated to the L tigations, responding to complaints, and responding Interim Joint Committee on Licensing, Occupations, Tennessee Valley Authority Board on May 7, 2020, to and Administrative Regulations,19 to environmental disruptions. Th e EEC is now transi- consider increasing clean coal technology in Paradise, tioning to the Healthy at Work Initiative. Kentucky. Interim Joint Committee on Local Government,18 Deputy Commissioner John Lyons stated the Th ere being no further business, the meeting was EEC has implemented a program called Regulatory adjourned. N Flexibility. Th e program is modeled from a March Joint Committee on Natural Resources and Energy, 8 26, 2020, memorandum from the United States En- vironmental Protection Agency. Th e memorandum Interim Joint Committee on P is retroactive to March 13, 2020, and it is a tempo- Education Program Review and Investigations Committee, 34 rary policy regarding enforcement fl exibility due to Minutes of the 1st Meeting COVID-19 that will allow Kentucky to take a more of the 2020 Interim S June 2, 2020 Interim Joint Committee on State Government. 15 specifi c approach. On May 15, 2020, Secretary Goodman issued a Call to Order and Roll Call T memorandum outlining the policy for regulated en- Th e 1st meeting of the Interim Joint Committee Tobacco Settlement Agreement Fund Oversight tities impacted by COVID-19 to request enforcement on Education was held on Tuesday, June 2, 2020, at Committee, 31 fl exibility for environmental obligations. Th e policy 10:30 a.m., in Room 171 of the Capitol Annex. Rep- has been extended to June 30, 2020. Th e conditions resentative Regina Huff , Chair, called the meeting to V of the policy include the following steps: regulated order, and the secretary called the roll. Interim Joint Committee on Veterans, Military Aff airs, entities are obligated to ensure compliance with re- Present were: and Public Protection, 23 quirements; if compliance is not possible then the Members: Senator Max Wise, Co-Chair; Repre- EEC should be notifi ed; and documentation of non- sentative Regina Huff , Co-Chair; Senators Alice For-

8 2020 Interim LEGISLATIVE RECORD gy Kerr, Stephen Meredith, Gerald A. Neal, Michael not close to one another. Everyone may need to stay in March and the department’s work toward a successful J. Nemes, Robert Stivers II, Reginald Th omas, Johnny contact to track transmission and work toward con- reopening of schools in the fall. He thanked legisla- Ray Turner, Stephen West, and Mike Wilson; Rep- tainment and keeping as many schools open as pos- tors for their timely attention to these concerns with resentatives Kim Banta, Tina Bojanowski, R. Travis sible. While schools are not strictly childcare, parents the passage of Senate Bill 177 during the 2020 Regu- Brenda, Randy Bridges, Jeff ery Donohue, Jim Glenn, do not go to work when they have to stay home with lar Session. Th e legislation provided relief by allowing Mark Hart, Scott Lewis, Mary Lou Marzian, C. Ed their school-aged children. Th is has a ripple eff ect for KDE to assist districts with getting through the end of Massey, Bobby McCool, Kimberly Poore Moser, Me- businesses and communities. Schools are a critical the school year, especially with emergency provisions linda Gibbons Prunty, Steve Riley, Attica Scott, John part of the economy and want to stay open. Regula- for NTI. A goal of 1,062 instructional hours was ex- Sims Jr, James Tipton, Russell Webber, Richard White, tions must be practical, and there needs to be consis- plicitly requested, and all districts achieved that tar- and Lisa Willner. tent and timely support for schools, both fi nancially get by June 1st with the use of NTI. While other states LRC Staff : Jo Carole Ellis, Yvette Perry, and and practically. simply cancelled their school years, including NTI, Maurya Allen. Chair Huff agreed with Mr. Schultz’s concerns because it was too hard, Kentucky stayed the course Chair Huff welcomed everyone to the meeting, and echoed the need to look at existing procedures to and achieved a great deal. Interim Commissioner both in person and those attending via videoconfer- make the changes needed to address the times we are Brown acknowledged that NTI is not a perfect de- ence. She also thanked staff for their eff orts to make living in today. livery method and was not designed to substitute for the meeting as normal as possible under these new Responding to questions from Senate President Stiv- in-classroom instruction for extended periods, but it circumstances. ers, Mr. Schultz said the last day of school for Old- ensured students were given the best instruction pos- Superintendent Concerns Related to COVID-19 ham County was March 12, 2020. Th eir use of NTI sible given the circumstances. Mr. Greg Schultz, Superintendent, Oldham was largely successful thanks to individual check-ins Changes have been made to the KDE website to County Schools, spoke briefl y regarding the concerns with students performed by teachers. However, the streamline access to COVID-19 resources for districts that many superintendents have about reopening teachers expressed signifi cant concerns about equity. and families, and there will be continuing improve- schools during the ongoing COVID-19 pandemic. Mr. Schultz believes that summative assessments ments going forward. Work by KDE has been guid- Health and safety is critical when students return to performed in the fall will likely illustrate those gaps ed by three principles - educate, feed, and support. the classroom, but the education loss and increase in very starkly. Right now, it is too early to know how Acknowledging that feeding students is a major role achievement gaps due to inequity is a major concern. much academic progress has been lost. Th e start of performed by schools, the summer feeding program Guidance from the Kentucky Department of Educa- the school year will be a critical period. was started at the same time that NTI was implement- tion (KDE) and health offi cials has created a very high In response to questions from Representative ed in March. Utilizing waivers provided by the United ceiling that is going to be diffi cult to reach for any Riley, Mr. Schultz admitted there were signifi cant dif- States Department of Agriculture, Kentucky schools school. Realistic application of safety measures will ferences among diff erent age groups in their success were able to continue to serve meals even where NTI likely not look like the ideal recommendations. For with NTI. Preschool and other very young children was being carried out using remote instruction. In example, regarding transportation, it is not feasible to simply do not learn well virtually and even older chil- March, over 4 million meals and snacks were served have one student every other seat on a school bus and dren require signifi cant amounts of parental support to an average daily population of 238,981 students. In accomplish timely and cost-eff ective busing of all stu- to accomplish virtual learning. He acknowledged that April, eff orts expanded and over 11 million meals and dents. It will also be very diffi cult to have elementary students’ mental health was also deteriorating quickly snacks were provided for an average daily population school students wear masks all day. with the loss of socialization with friends and school of 303,936 students. Interim Commissioner Brown Proposals for accommodating students doing re- personnel. However, there does not seem to be a ready said this truly illustrates the dedication of school com- mote learning while others are in the classroom are solution to these concerns. munities to caring and providing even the most basic also highly problematic as there is not suffi cient staff - Responding to questions about possible ‘catch- necessities to children of the Commonwealth. ing or time for teachers to both instruct in-class and up’ interventions, Mr. Schultz said his district was Reopening guidance has just begun, and Inter- via remote learning technology. Concerns for alternate looking to implement some things over the summer im Commissioner Brown wholeheartedly agreed with schedules do not address the funding mechanisms of but were waiting to see what happened following the Mr. Schultz that there are needed refi nements, which SEEK and other performance based measures which re-opening of childcare on June 15th and mainte- should be coming soon. Ms. Kelly Foster, Associate only take into account in-classroom attendance. nance of Healthy at Work guidelines throughout the Commissioner, Offi ce of Continuous Improvement On behalf of superintendents, he asked that KDE, community. and Support, spoke to the challenges of NTI. In mid- the Governor, and members of the General Assembly Senator Wise commented that there were some March, all districts voluntarily closed to in-person continue to be agile in response to the relief needs of relief measures already available to schools wishing to classes at the recommendation of the Governor and schools. He thanked them for their swift attention use instructional hours versus days from Senate Bill 50 the Department of Public Health (DPH), but it took to the non-traditional instruction (NTI) procedures of the 2017 Regular Session. Th at bill allowed schools slightly longer for large districts to begin NTI because and changes to required instructional days. Further to waive the 170-day requirement if the school calen- of the necessary planning and roll-out work. NTI was changes may be necessary to address the pandemic dar begins aft er August 26th. Mr. Schultz acknowl- originally begun in 2011 as a pilot program, which going forward, especially in order to function during edged that option but said currently his school was went statewide in the 2014-15 school year. Th rough outbreaks. Flexibility is going to be key for all parties. considering an August 12th start date, making them the 2018-19 school year, more than 1,500 instruc- Additionally, he spoke of the increased work- ineligible for that exemption option. tional days were saved for Kentucky school districts, load on teachers as they take on not only the task of Representative Bojanowski said, in her expe- including a record 510 instructional days in the 2017- planning for a return to NTI and remote learning but riences as a teacher, there had been signifi cant dis- 18 school year and 399 days in the 2018-19 school also being health coordinators for their students. Th e crepancies in parental involvement during NTI. Also, year. Provisions of Senate Bill 177 include an unlim- teacher shortage is real and is only made worse as they she discussed that many students thrived with proj- ited number of NTI days, which may include virtual fear for the safety of their students and themselves. ect-based learning remotely. However, while students or distance learning. A blanket waiver was granted Classifi ed staff , such as bus drivers, are also highly vul- are learning during this time, it may simply not be regarding NTI regulation by the Kentucky Board of nerable because they are predominantly over age 60 measurable with standards-based tools. Education in March so districts not currently partic- and have existing health concerns making them more Update on COVID-19 Issues Pertaining to K-12 ipating in the NTI program could go through an ab- at-risk from COVID-19. Schools breviated application to implement quality, non-tra- He urged that policy makers take rationality into Interim Commissioner Kevin Brown, KDE, was ditional instruction for the remainder of the 2019-20 account for future outbreaks and closures. An out- present with Associate Commissioners Amanda Ellis, school year. break in Lexington may not warrant a shutdown for Kelly Foster, and Robin Kinney, to update the com- Instruction was delivered in various ways in- his school system in Oldham County, because they are mittee on responses to COVID-19 made by KDE in cluding handouts, virtual instruction via live meet-

THE KENTUCKY GENERAL ASSEMBLY 9 ings, and recorded lessons. However, NTI was never available online so there were connectivity concerns additional $30 million of the $43.8 million provided to designed to be a long-term substitute for in-classroom for some students. Th is waiver was made based on the Kentucky through the Governor’s Emergency Educa- instruction, and much has been learned about the authority granted under Executive Order 2020-243 tion Relief Fund (GEERF) will also be applied to K-12 most eff ective methods and strategies. Th ese lessons to cabinet secretaries and agency heads to suspend and higher education needs. Th e CARES funds have a will inform improvements made for the upcoming or waive statutes related to the current state of emer- very broad application by design, allowing for fl exibil- school year, and all districts are assessing the possibil- gency. Early graduation was also allowed previously ity to cover ESSA expenditures, IDEA, needs for deal- ity of having to return to NTI at some point if a spike using end-of-course exams; however, some students ing with coronavirus prevention (such as purchase of in COVID-19 cases occurs this fall or next year caus- had not had opportunity to take them before schools personal protective equipment for school personnel), ing closures. were closed. Th ese students were allowed to substitute cleaning, and mental health supports. Money from Ms. Robin Kinney, Associate Commissioner, Of- ACT benchmark scores in order to continue on track the GEERF will largely be used for supporting feeding fi ce of Finance and Operations, spoke to the school for early graduation. Th e requirements will remain in programs and enhancing remote learning supports. feeding program. Access to food is critical to support eff ect for high school freshmen and sophomores who While this is a more targeted allocation, there is still learning goals during NTI. She reiterated that waivers have elected or will elect to participate in the early signifi cant fl exibility for KDE and districts to use these had been provided by the federal government to re- graduation program. funds as needed. District-by-district distribution of ceive and distribute food as if schools were not closed, Th ere were also a variety of ways that districts relief monies is available to view online. Also, KDE largely based on the concurrent utilization of NTI. created alternative graduation ceremonies to celebrate has expanded their Teachers Helping Teachers re- Diff erent schools used diff erent models for food deliv- their senior classes. Working with students and fam- source from the Offi ce of Education Licensure and Ef- ery based on their own needs and staffi ng availability. ilies, the best solution was reached for students and fectiveness to directly connect experienced educators Th e waivers were created with this need for fl exibility included virtual ceremonies and drive-in ceremonies. with other teachers to provide virtual coaching and in mind, sometimes even providing for multiple meals Safety guidelines were provided by KDE, and Inter- support to help with the stresses of the COVID-19 cri- to be distributed at once to make the process as practi- im Commissioner Brown said the ceremonies have all sis, not only in regards to remote instruction concerns cal as possible. Th is support has been vital to families been moving and, while certainly not perfect or how but also for help dealing with students returning to the also struggling under the weight of unemployment these students envisioned them, have been an excel- classroom with mental health and trauma impacts. during the pandemic shutdown. School districts have lent way to recognize the achievements of the class Summer learning support has been added to the gone above and beyond, especially the non-certifi ed of 2020. A statewide tribute to the class of 2020 was website to assist districts and parents and will contin- personnel working in lunch rooms, driving buses, and also created by KDE and is available online. It includes ue to be used to inform the reopening process. It is im- staffi ng pick-up locations, who have worked tirelessly photographs from every district in the state, video portant for students to remain engaged with learning to distribute meals. Th ey are now transitioning into messages from the Education Committee co-chairs through summer reading and mathematics to prevent the traditional summer feeding program. Supplemen- Representative Huff and Senator Wise, work from signifi cant academic loss and best prepare them for tal monetary assistance is also available to families artists, and special music from the Kentucky State the fall. While much is still unknown about reopen- through SNAP to help during this summer refl ect- University Choir. He encouraged everyone to view it ing, Ms. Foster said KDE is encouraging districts to ing the impact of COVID-19. Families can visit their because it truly is a touching testament to these stu- develop three contingency plans for the start of the district’s website or social media to learn more about dents and what they have overcome and will go on to school year: an early opening, a traditional opening, meal availability in their area. accomplish. and a late opening plan. Reopening will be based on Interim Commissioner Brown said waivers re- Going forward, the KDE has sought input from information from the DPH. KDE’s guidance current- leasing schools from participation in the statewide a variety of stakeholders and has formed the Educa- ly exists as a checklist focusing on how to ensure the assessment were very popular but acknowledged that tion Continuation Taskforce to serve as a guiding co- health and safety of everyone, how to maintain qual- these tests are a critical part of the accountability sys- alition for delivery of services during the current pe- ity teaching and learning, how to support exception- tem. However, this was obviously the time to take riod of school closures. Th is task force meets at least al learners, and how to continue school and district advantage of relief from testing during a pandemic once a week to discuss issues facing school districts operations. KDE is also encouraging school districts disease outbreak. Th e ACT was still administered, not at this time. It includes representatives of Kentucky’s to remain in contact and partnership with their lo- as part of the accountability system, but to assist stu- educational cooperatives, educational partner organi- cal health departments to stay alert to changes in dents pursuing a postsecondary program. Some ACT zations, Kentucky Educational Television (KET), the COVID-19 spread. make-up days are being rescheduled, but a majority Southern Regional Education Board (SREB), and oth- In closing, Interim Commissioner Brown said of sites were able to proceed through use of social dis- er relevant partners. Th e primary goal of the task force social, emotional, and mental health has been a focus tancing measures. Discussion continues at the federal at this time is providing timely information, research, throughout all the reopening discussions. KDE will be level regarding assessments next year, and at this time and instructional resources to schools and districts. releasing more guidance as available regarding assess- it is unclear what that will look like and if there will be Interim Commissioner Brown has also been having ing students both academically and emotionally when another exemption waiver. At this time, all federal rat- regular meetings with the Local Superintendent Ad- they return to the classrooms. Th ese recommendations ings and supports will remain the same, as will the list visory Committee to create guidance documents for are being informed by many partners in education of schools qualifying for Comprehensive Support and back-to-school and social distancing. He has also and healthcare from within the state and from around Improvement (CSI) and Additional Targeted Support continued weekly webcasts for district staff person- the nation. Other subject matter guidance documents and Improvement (ATSI). nel. Attendance at these webcast meetings has risen to be released in the next six weeks include those for Regarding end-of-year procedures, many dramatically to over 500 attendees on a regular basis. exceptional learners, alternative learning models, schools have already coordinated pick-up programs While these webcasts were useful before COVID-19, transportation, career and tech, emergency drills and for students to collect their personal belongings, re- they are an absolutely critical line of communication social distancing, performance based instruction, and turn items, and participate in virtual or modifi ed right now. teaching and learning - stages one and two. graduation ceremonies. Each school was granted sig- Regarding federal fi nancial assistance, Ms. Kin- Responding to questions from Senator Wise, In- nifi cant fl exibility to accomplish this by taking into ney said there were signifi cant funds provided to terim Commissioner Brown said there were no direc- account their own populations and school layouts schools through the Coronavirus Aid, Relief, and Eco- tives in the initial guidance documents as they were while meeting safety standards. Th ere were also some nomic Security Act (CARES Act). Kentucky will re- intended only to start the conversation. Depending changes made to the ways students could meet grad- ceive approximately $223 million for K-12 education, on data, there may be signifi cant changes about what uation requirements. Ms. Amanda Ellis, Associate roughly 4 percent of Kentucky’s annual education bud- schools will be required to do to safely reopen. Cur- Commissioner, Offi ce of Teaching and Learning, said get. $193.2 million will be provided to local education rently, KDE is encouraging school districts to create one of these was the suspension of the requirement agencies for emergency relief addressing the impact of a ‘playbook’ with multiple diff erent strategies for dif- for graduates to pass a civics test as this test is only COVID-19 on elementary and secondary schools. An ferent scenarios. Th ere is a plan to give more direction

10 2020 Interim LEGISLATIVE RECORD in the guidance documents following discussions with Interim Joint Committee on a blueprint is to outline the percentage of items that DPH this week. It appears there are two camps of su- Education will be assessed within the domains of the Kentucky perintendents — those that want the greatest amount Minutes of the 6th Meeting Academic Standards (KAS) in each subject area. Blue- of fl exibility and those that want strict rules that they of the 2019 Interim prints were created to guide the development of indi- can just implement. November 20, 2019 vidual test items, serve as targets for assessment devel- In response to a question from Senator West, In- opment, defi ne how results from the assessment are Call to Order and Roll Call terim Commissioner Brown said he was unsure if it reported, and provide information to teachers as they Th e 6th meeting of the Interim Joint Committee would be required to follow CDC guidelines in order make instructional decisions. on Education was held on Wednesday, November 20, to receive federal funds, but he would certainly make Mr. Hackworth then illustrated the process for 2019, at 1:00 p.m., in Room 149 of the Capitol Annex. sure all eff orts were made to maintain funding. Sena- members through the use of a fl ow chart. Th is indicat- Senator Max Wise, Chair, called the meeting to order, tor West stressed a desire for ultimate fl exibility rather ed that the alignment process is approximately two- and the secretary called the roll. than a one-size-fi ts-all approach. thirds completed and the next step is for the Commis- Present were: Representative Willner said it was a great presen- sioner to report to the Standards/Assessment Process Members: Senator Max Wise, Co-Chair; Sena- tation and wanted to pass her thanks on to the Interim Review Committee. If they determine the process is tors David P. Givens, Jimmy Higdon, Alice Forgy Kerr, Commissioner and KDE staff . Representative Sims suffi cient, the assessments will go before the Kentucky Stephen Meredith, Gerald A. Neal, Robert Stivers II, asked on behalf of his superintendents for fl exibility Board of Education (KBE) for fi nal approval and new Johnny Ray Turner, Stephen West, and Mike Wilson; in SEEK funding formulas regarding daily attendance assessments will be implemented in all schools no lat- Representatives Tina Bojanowski, R. Travis Brenda, counts. er than the second academic year following the review Randy Bridges, John Bam Carney, Mark Hart, Scott Interim Commissioner Brown acknowledged and alignment process. Th e process began in April Lewis, Mary Lou Marzian, Bobby McCool, Reginald these concerns, as well as those of Mr. Schultz, and 2019 and has currently been completed for reading Meeks, Charles Miller, Melinda Gibbons Prunty, Steve said they are looking at creating hybrid options for and writing, and mathematics standards and assess- Riley, Attica Scott, John Sims Jr, Russell Webber, and students who are immune compromised or live with ments. Th e process is ongoing for social studies stan- Lisa Willner. someone who is. Th ey may be attending virtually and dards and will start soon for science standards. Guests: Richard Innes, Education Analyst, Blue- that will impact attendance counts for the SEEK for- Th e public feedback and comment period allows grass Institute for Public Policy; Kelland Garland, mula. It may be necessary to implement a waiver for for open participation for Kentuckians by use of an in- Kentucky Association of School Councils; Gay Adel- those situations, perhaps mirroring existing statutes dependent third party, the Appalachia Regional Com- man, Dear JCPS; Lucy Waterbury, Save Our Schools regarding home and hospital instruction. prehensive Center, to collect and transmit comments KY. Responding to comments from Senate President to the department and to the panels. Blueprints were LRC Staff : Jo Carole Ellis, Yvette Perry, Joshua Stivers, Interim Commissioner Brown said there was posted for 30 days during each public comment pe- Collins, and Maurya Allen. a 92-94 percent participation rate for NTI, which is in riod. Dr. Staff ord said that there were multiple group line with NTI participation from previous years. How- types responding during comment periods including Approval of Minutes – October 2, 2019 ever, NTI participation is not the same as traditional teachers, administrators, retired teachers, parents, Following recognition of Kentucky School daily attendance. Written packets are not adequate for students, community members, and representatives Boards Association members, Senator Wilson made a long-term NTI use, and assessments will also need to of higher education institutions. Th ere was an over- motion to accept the minutes of the October 2, 2019 be reconsidered. Th ere may be a way to use MAP test- whelmingly positive response to the domain levels meeting. Th e motion was seconded by Representative ing in the fall to fulfi ll some federal requirements, but for reading and writing and its blueprint as well as for Lewis and passed by voice vote. the attendance issue remains unclear. the domain levels and readability of the mathematics Kentucky Department of Education Responding to questions about achievement blueprint. Dr. Staff ord briefl y illustrated the domains Assessment Blueprint Revision and Develop- gaps from Senator Th omas, Interim Commissioner by giving an overview of the blueprints for reading, ment Process for Reading and Writing, Mathematics, Brown said there will unfortunately be a widening on-demand writing, and open ended essays. For so- and Social Studies of achievement gaps as a result of COVID-19 related cial studies, there were similar results regarding public Chairman Wise explained that there was a re- closures. Even though teachers are doing tremendous feedback and support. Over 72 percent agreed that the quirement for Kentucky Department of Education work, NTI is not a substitute for in-person instruc- domains were acceptable “as is” and over 90 percent (KDE) to present several reports on the Kentucky As- tion. All the supports a school provides are not avail- of respondents felt the blueprint was easy to read and sessment and Accountability system. Commissioner able at home, and there are diff erences that cannot be understand. She indicated that the social studies and Wayne Lewis was present with Michael Hackworth, accounted for. Th ings will be missed, but there are sto- the mathematics blueprints were available in member Policy Advisor, Offi ce of Standards, Assessment and ries of exceptional connections being made between packets. Dr. Staff ord said that more in-depth informa- Accountability; and Dr. Jennifer Staff ord, Division students and teachers. Only time will tell what kind tion was available to members in a binder as well as Director, Offi ce of Standards, Assessment, and Ac- of gaps will exist when MAP testing and other assess- online in an electronic version. countability. Commissioner Lewis reiterated it was a ments can be performed. In response to a question from Representative statutory requirement for the department to convene A fi nal comment was submitted by remote at- Willner, Dr. Staff ord said that there was a public re- a committee to review the assessment system and tendee Representative Brenda. He said he had a lease and information was sent straight to administra- align it with standards. Dr. Staff ord said beginning in pre-engineering student who only had a tablet capable tors and faculty regarding the public comment period. fi scal year 2017-18 and every six years thereaft er, KDE of word processing. His courses rely heavily on tech- It was dependent on the local schools to disseminate shall implement a process for reviewing Kentucky’s nology, and Representative Brenda hopes that it will that to students. Mr. Hackworth said they encouraged academic standards and the alignment of correspond- be possible to get students back into the classroom administrators during web seminars to include stu- ing assessments for possible revision or replacement. as soon as possible. He appreciated the information dents. Th is is to ensure students are getting the best edu- given in the presentation and looks forward to more Responding to questions from Representative cation and assessments are covering the material in guidance. Carney, Dr. Staff ord said it would be possible to get standards. Th e review committee consisted of public With no further business to come before the rough regional information regarding those who ap- school teachers, representatives of Kentucky higher committee, the meeting adjourned at 12:00 p.m. Th e plied to participate in the committees and panels. Rep- education institutions, and business/industry rep- next meeting of the committee will be July 7, 2020, at resentative Carney echoed Representative Willner’s resentatives. Th ere were additionally three advisory 10:30 a.m. concern about lack of student feedback, and said there panels with the same mix of representation. was also a troublingly low amount of parent feedback. Alignment of standards is achieved through the Responding to a question from Representative creation of assessment blueprints. Th e purpose of Scott, Mr. Hackworth said the links to the online ver-

THE KENTUCKY GENERAL ASSEMBLY 11 sion were available in the electronically disseminated tendent. education. Th ey were charged reviewing assessment version of member packets. Th ere were also concerns about students with results and consider impacts and potential for all In response to questions from Representative disabilities and their ability to demonstrate compe- schools to reach the highest rating in our statewide Bojanowski, Dr. Staff ord said the survey was strict- tency. Students would have the opportunity, through accountability system. ly confi ned to questions about the blueprint and did their ARC teams and IEPs, to make necessary accom- Prior to the meeting, a survey was distributed not include questions about general feelings regard- modations and alterations to demonstrate the nec- to invited members which included questions about ing assessments. Commissioner Lewis reassured the essary competencies for graduation. Commissioner their roles, the most positive aspects of the account- members that the amount of testing performed in Lewis said it was very rewarding to participate in these ability system, which components might benefi t from Kentucky is the bare minimum required by federal meetings and it creates richer guidance for the depart- revision, and any potential unintended consequences. law. Representative Bojanowski said she would like to ment, especially as it relates to the use of portfolios. While not all invitees participated, there were robust see assessments inform classroom instruction instead In response to a question from Senator Wise, responses from those who did participate and several of just accountability measures. Commissioner Lewis said there is cost to retesting topics were identifi ed for further discussion at the in Responding to questions from Representative that will be borne by the department. However, there person meeting. Th ose topics were overall account- Prunty, Mr. Hackworth said there were postsecond- was intense discussion about ways to improve prepa- ability, equity of reporting, how equity would be mea- ary and business partners included in the committees ration, especially at the early ages, to provide supports sured, English language learners, student growth in and advisory panels. And the press releases requesting that would reduce the amount of retesting required. reading and mathematics, and transition readiness. public comment were posted on the KDE website and Th is would also incur some additional expense, but as During the meeting the committee prioritized poten- published in the regular areas. Responding to ques- these are foundational skills for students, it is import- tial changes and made recommendations to KDE. tions about the social studies standards, Commission- ant to ensure students have these skills. Commission- Dr. Staff ord then briefl y gave an overview of the er Lewis said that they made the decision to honor the er Lewis said before the requirements changed, it was system, including indicators in elementary and mid- work of the committees and uphold the standards as required for students to pass Algebra II. Th at was a dle schools. Th ere are indicators for profi ciency in they were presented. far more rigorous requirement than demonstration of reading and mathematics, separate academic indica- In response to questions from Senator Givens, math and reading competency. If districts were gradu- tors in science, social studies, and writing tests, and Dr. Staff ord said the current blueprints are present- ating students before the change, this should not pose growth in reading and mathematics as well as English ed here and combined with the new standards, will a diffi culty now. He does not believe that basic com- language attainment for English-language learners. be used to create assessments. Senator Givens said it petency should be a high bar, in fact, it sets the bar For high schools, there are four indicators. Profi ciency would have been nice to see what the specifi c chang- very low. in reading and mathematics (which for this year uti- es were from the previous standards and assessment Responding to comments from Senator Givens, lized ACT® scores), separate academic scores in sci- alignment. Commissioner Lewis agreed that the listening tour ence and writing tests, transition readiness, and grad- Responding to a question from Senator Wil- was very rewarding and he again thanked the Gener- uation metrics. son, Commissioner Lewis said it is true that by law al Assembly for requiring it in statute. He also agreed She next covered the overall accountability criterion based assessment should be used to assess that the diplomas should matter, and there will be weights, which this year do not yet include quality of Kentucky standards. KDE has temporarily been using some discomfort for students who will not graduate school climate and safety. Th ose will be included in the ACT® to fi ll in a gap, but it is not compliant with in the spring because of the new guidelines. Th is year next years’ report as the survey tool for assessing them Kentucky law as it is a norm-referenced test. In the because of the changes to assessment in 10th Grade, is still being created. During the 2018-19 school year, upcoming year, assessments will be used that will be there is less data to know how many students will not schools, districts, and state all received a Star Rating compliant and criterion based to align with Kentucky receive a diploma in spring 2020. Approximately 20 (1 to 5 stars), an overall accountability score, and an standards. He further explained there is not funding percent will need to submit a collection of evidence indicator label, which was made public on October 1st. to administer the 10th Grade assessment at this time. to prove competence in reading and math. Next year, Th ere was a distribution of ratings among all the star While there has been savings from eliminating some using the data from the new assessment, there will be ratings, whose boundaries had been set by stakehold- assessments, other requirements of Senate Bill 1 of the a better, and hopefully lower, estimate on the number ers. Diff erent combinations of school performance 2017 Regular Session have been using those funds. at risk of not graduating. were used to establish what qualifi ed as a 1 star, 2 star, Largely the administration of industry certifi cation In response to a question from Senator Meredith, 3 star, etc. Th e committee further established a stan- testing has been prioritized as those are credentials Commissioner Lewis said in terms of equity of access dard using a criterion based approach, as opposed to a students can immediately put to work and they count in meeting the requirements for reading and math normative approach. Commissioner Lewis said it is a toward school accountability scores. company, all districts have what they need. Howev- requirement of federal law to provide meaningful dif- KDE - Discussion of Graduation Requirements er, there are some districts who are better equipped ferentiation among rankings in the system. Secondly, Commissioner Lewis spoke to the requirements and will not have as many struggles to meet these the committee did use the criterion approach even of statute for him to conduct town hall meetings to standards. Additionally, there was misunderstanding though the resulting distribution resembles a norma- get feedback regarding changes to the state graduation about the qualifi ers, but many districts were impressed tive curve. Th e stakeholders desired a criterion based requirements. Four meetings were held in Shelbyville, with the fl exibility and variety of ways for students to system so that they could have a defi nitive goal, not a Bowing Green, Hopkinsville, and Hazard. Th ree of the meet those elements of the standards once it was ex- target that would change based on the performance of four meetings were hosted by local education co-op plained. Th ese qualifi ers replace the ‘transition read- other schools. organizations. While there were not large numbers iness’ portion and helped meet the needs of districts Further, the defi nition of Comprehensive Sup- of participants, there was rich dialogue. However, with less access to industry certifi cation assessments. port and Improvement (CSI) and Additional Targeted there was little feedback regarding the reading and KDE - Analysis of State School Accountability Support and Improvement (ATSI) schools was created math competency element. Th ere was additionally System with assistance from the U.S. Department of Educa- an online forum for feedback on reading and math Commissioner Lewis said the analysis of assess- tion. Th ere were also exit criteria established for each competency. Th ere was widespread miscommunica- ment and accountability was required by statute and of these categories. It is required that the bottom fi ve tion about how the requirement for reading and math incorporated statewide stakeholders to review the sys- percent of schools be considered CSI schools, and competency would be met. Largely, it was believed tem. Dr. Staff ord explained that the review committee if they do not exit that category they become ATSI that students would only be able to demonstrate com- was very diverse, with members from all the regions of schools in order to receive more support from KDE. petency through an assessment. While there are two the state as well as from diff erent stakeholder groups, Aft er the public release of accountability data, assessments used to assess competency, there is also including teachers, administrators, parents, assess- there was a 10-day period for districts to request in- the ability to demonstrate competency though the use ment coordinators, special education instructors, dividual student changes. Based on individual change of a portfolio of work submitted to the local superin- community members, and representatives of higher requests and allegations, there can be changes. For the

12 2020 Interim LEGISLATIVE RECORD 2018-19 school year, two schools increased a star rat- be made at this time. In response to a question from Representative ing, two districts increased a star rating, one school Th e committee agreed the system was designed Scott, Commissioner Lewis said enhanced reporting decreased a star rating, and one school was removed logically and there was potential for all schools to will include more information on how the system ar- from ATSI. In negotiation with the US Department achieve a 5-star rating. One question raised by the rives at a specifi c designation of an achievement gap. of Education, there had previously been two tiers of committee, though, was whether schools with a Th ese are highly technical statistical models, but in the TSI school, which have informed the CSI and ATSI high percentage of students achieving profi cient and interests of transparency, they will be provided online defi nitions for the upcoming school year. Also, Senate growth in separate academic scores could achieve a with the scores in the future. Commissioner Lewis Bill 175 of the 2019 Regular Session introduced the 5-star rating. Th is was demonstrated to be true with confi rmed his dedication to identifying achievement change in terminology to better align with the federal several examples of schools achieving high ratings gaps and to work towards reducing them. Every Student Succeeds Act (ESSA). All 418 schools with growth. Achievement gap identifi cation was also 2019 Senate Bill 3 – School Councils identifi ed as TSI are now reported as ATSI, however, discussed at length with some committee members Senator John Schickel was present with Dr. this was merely a change in terminology, not a sub- stating more schools should be identifi ed as having Randy Poe, Superintendent, Boone County Schools; stantive change. Further, changes were submitted to a gap and others stating the opposite. Achievement Davonna Page, member, Russellville Independent the US Department of Education but without a change gaps, however, were identifi ed using statistical and Board of Education; and Eric Kennedy, Director of to the defi nition of TSI, the state plan would not be practical diff erences. Using these measures, over 75 Advocacy, Kentucky School Boards Association, were accepted. Kentucky’s plan was approved on September percent of schools at the 4- or 5-star rating did not present to discuss the issue of school governance and 23rd which allowed for the public reporting of scores have a statistically signifi cant achievement gap. Fur- Senate Bill 3 of the 2019 Regular Session. Senator on October 1st and further discussion with the review ther analysis showed that the schools received these Schickel said currently school councils are dysfunc- committee on October 22nd. ratings while being accountable for groups of students tional, especially in terms of hiring of principals, su- Th e review committee said the assessment and with IEPs, English language learners, students with perintendents, and accountability. Mr. Poe said parent accountability systems were reported as expected, and economic disadvantages, and students in racial/eth- involvement is very important in schools and it exists were completed well without any major incidents. nic minorities. KDE does plan to enhance reporting regardless of how SBDMs are formed. Boone County School performance on multiple measures were re- of achievement gaps in the future to further closing has been doomed to lack of success because of lack of ported, and overall performance reported in a simple the gaps. cohesion among the feeder schools in terms of curric- 5-star rating making the school report cards easy to In response to a question from Representative ulum and reporting. Correcting for problems and see- read. Th ere were a range of scores, with most schools McCool, Commissioner Lewis said there should be no ing any growth measures for the accountability system in the middle (3-star) category. Schools and districts public schools without a population of students with is diffi cult for middle schools that only have students received much more detailed data on individual stu- special needs. Th ere are some schools with higher per- for three years, and no control over the feeder schools. dents than can be presented publicly. Low performing centages, but there is a diversity of ways that schools He advocated that KDE needs to step in to help create schools were identifi ed, and there were also schools are meeting the needs of their special needs popula- more aligned curriculum. that performed well even with challenging circum- tions. Some are doing very well and can serve as ex- Ms. Page said she is a member of a school board stances. However, achievement is still lower than de- amples to others. as well as a former parent representative to a site based sired and achievement gaps do still exist in some at- Responding to a question from Senator Mere- decision making body. Public schools are incredibly risk demographics. dith, Commissioner Lewis said growth is only an in- important to her and her passion for improving them Some unintended consequences discussed were dicator for elementary and middle schools where it is motivated her to seek a seat on the board of education. the over simplifi cation and misuse of the star rating. 35 percent of the weight of the accountability system. Eff ective teamwork requires a common goal and pur- Parents and community members may look simply for It is not an indicator that is required by federal law, pose, and this applies to superintendents in building higher star schools, without fully understanding what but it helps provide some equity for schools that are their team of principals. While superintendents are their school was doing well because of the complex- economically disadvantaged. Schools with low pro- part of the process, SBDMs are the last voice in prin- ity of the system and the reporting measures. Th ere fi ciency can help their accountability score improve cipal hiring, making it diffi cult for superintendents to is also less nuance regarding special needs or special by working with those students and seeing growth form their best teams. Changes to the principal hiring interests which may be present in a 3-star school but among those groups. It rewards their eff orts to im- process will not remove parent voice, but will stream- go overlooked by a desire for students to attend a 4- or prove over time. line the chain of command and accountability among 5- star schools which may not have the same services. In response to a question from Representative principals, superintendents, and parents. Th ere was also scrutiny of the calculation of 12th Grade Willner, Commissioner Lewis said SBDM groups lose Senator Schickel said the proposed legislation non-graduates in the transition readiness measure. At their authority when schools are designated CSI as a had passed the Senate in the past, and a version spe- the request of the US Department of Education, tran- result of statute not department policy. However, there cifi c to Jeff erson County was passed during the 2019 sition readiness will now be calculated by dividing the are ways that those groups can maintain a voice as is Regular Session. He has high hopes that it will com- number of high school graduates plus non-graduates illustrated in parts of Jeff erson County. plete the process this year. Mr. Kennedy said he also who have met measures of transition readiness plus In response to a question from Representative included a brochure to defi ne the diff erence between the number of English language learners who have Meeks, Commissioner Lewis said this is the fi rst ac- school boards and school councils to help members achieved English profi ciency by the total number countability system to fl ag achievement gaps at such a better understand what these bodies do. Th e prima- of graduates plus non-graduates plus the number of degree and the fi rst time that those gaps have an im- ry purpose of the bill is to refi ne accountability and graduates who have received English language ser- pact on accountability. While there was some debate make sure that schools are doing their best to educate vices during high school. among committee member regarding the number of students. Th ere was a signifi cant amount of debate regard- schools with achievement gaps, this is only the fi rst Also present to speak was Richard Ennis, Edu- ing the inclusion of English language learners into application of the system and it may be refi ned over cation Analyst, Bluegrass Institute for Public Policy. state accountability. Currently, these students are in- time. He spoke in favor of the bill but expressed specifi c cluded twice both in the growth and transition readi- Responding to a question from Representative concerns about SBDMs in the state. He gave addition- ness indicators. Th is is a requirement of the ESSA and Bojanowski, Commissioner Lewis said the account- al information about the 2019 National Assessment very few modifi cations can be made without risking ability system is very sensitive to the dynamics of large of Educational Progress (NAEP) review where both access to federal Title IX funding. Th ere is an option to populations of English-language learners, high pover- white and black students in Mississippi outscore their remove English language learners progress from tran- ty, and high trauma. Th is system rewards schools who Kentucky peers in math and reading assessments by sition readiness and include a separate indicator for make any gains among students even when they are a statistically signifi cant amount. Mississippi accom- English language profi ciency, but the committee was not reaching levels of profi ciency that would be de- plished this while paying teachers less than in Ken- not receptive to a separate indicator so no changes will sired. tucky, generating less education revenue, and with a

THE KENTUCKY GENERAL ASSEMBLY 13 higher rate of poverty in the state. Policies enacted in cation Centers (LAVECs) and Area Technical Centers available” meaning there was signifi cant fl exibility in 2013 formed the turning point for Mississippi. But as (ATCs). Clearly, it would be preferable to raise the when schools should be in compliance. Ms. Cummins it stands right now, he believes that Kentucky’s SBDM funding for the group that gets signifi cantly less, the briefl y gave an overview of the data sources for the re- laws would interfere with any attempt to implement LAVECs. Costs over four years to bring equity were port and also presented some data regarding costs to similar policies. presented as rough numbers to the committee. In schools for increasing school counselors to meet stat- Kelland Garland, middle school principal and some rural areas there is more need for greater access, utory requirements. representative of the Kentucky Association of School while other regions have easy access and many oppor- Direct services and indirect services are defi ned Councils spoke against the bill. He said the principal tunities. Career and technical education is a feeder by the American School Counselor Association but selection process has been in place for a couple of de- into the Kentucky Community and Technical College need to be incorporated more specifi cally in statute or cades and starts with input from teachers and parents. System (KCTCS) and there is a need to ensure align- regulation. Direct services are defi ned as “in person Shift ing it from the SBDM body to a single person ment among the centers, KCTCS, and local industry. interactions with students” and this was the bench- could be problematic because it limits that input ave- Th ere also needs to be greater accountability, includ- mark used for the survey used in this report. For com- nue. It is necessary to examine the eff ectiveness of the ing use of performance-based funding. Job placement parison, West Virginia is the only surrounding state change in Jeff erson County, specifi cally the change al- at the end of high school as well as the end of associate that requires a minimum amount of time for school lowing the superintendents to chair meetings or send degree attainment would be valuable data to know. counselors to spend on direct services, requiring 75 a designee. How many send a designee? If they want Senator Wilson said KYStats has the ability to percent of time. For this analysis, only A1 schools were input, why do they not participate directly? Princi- illustrate this data and see what the employment re- surveyed. On average 53 percent of time spent with pals and superintendents are on the same team, and alities are. Th e data was compiled by KDE and ana- students, with elementary school counselors spend- there is a chain of accountability that ends with the lysts at LRC which indicates state funds necessary to ing the least amount of time on direct services and superintendent, who still reserves authority to fi re a bring LAVECs to the level of ATCs over a four year high school counselors spending the most time. High principal. School board members are elected but are period. KDE also presented during the interim and school counselors further spent more direct services not required to have any children in the school system proposed reducing ATC funding in order to raise LA- time on academic counseling. Elementary schools while site based members do and are elected in the VECs up. Lack of alignment for industry certifi cation struggle to meet the benchmark as they do not have same way as school board members. also exists between local needs and state accountabili- assistant principals, therefore school counselors spend Gaye Adleman, Dear JCPS advocate, spoke ty. Some courses off ered in certain regions do not rise more time in special need consultations and other in- against the bill. She said principal selection at the to the level of high need at a state level, so they are direct services. Mental health counseling is least at the district level with a culturally competent superinten- not counted in the accountability system. And courses high school level. However, elementary schools spend dent may work fi ne, however, a non-culturally com- that are off ered because they meet a state need go un- almost double the amount of time as high schools on petent superintendent could be unhelpful as was her fi lled because there is no local demand. Th ere is a high personal and social development. Regarding indirect experience. Removing SBDM groups from struggling need for skilled workers throughout the state and the services, on average 19 percent of time was spent on schools has made things worse, not better, as illustrat- education system needs to be designed to help these these services. In elementary school this was signifi - ed by a spreadsheet from publically gathered data. She students graduate, attain employment, start families, cantly higher due to the above mentioned time spent also showed correlation between poverty, loss of par- and live a good life. on special needs and other consultations. Th e report ent voice, and lower ranked (CSI) schools. She admit- In response to a question from Representative also showed counselors spend time up to 28 percent of ted that this data was compiled prior to the publica- Carney, Senator Wilson said the proposal scenario their time on duties that are not direct or indirect such tion of the new star ratings, but demonstrates advisory represents new money. Chuck Truesdell, analyst, LRC as test monitoring, bus duties, and event planning. only SBDM schools are segregated into a single region. Offi ce of Budget Review said the fi rst column in the It is an ambitious goal for the state to achieve Rep Marzian asked for copies of Ms. Adleman’s handout represents current dollars spent and that a 250 to 1 ratio compared to surrounding states. Th e statistics for further review. money does not go directly to school districts but is requirement in Missouri is a ratio of 500 to 1, but has Lucy Waterberry, Save Our Schools, spoke distributed through the state ATC. a recommendation of 300 to 1. Tennessee and Virginia against the bill and said involvement of stakeholders is School Counselors in Kentucky both have ratio requirements, however, these are less necessary for schools to improve. Fayette County has Dr. Bart Liguori, Research Division Manager, for higher grade levels, while Kentucky has proposed 66 schools and there are superintendents who may Offi ce of Education Accountability; and Sabrina Cum- this ratio across all grade levels. Currently, the aver- not spend suffi cient amount of time in any school to mins, Research Analyst, Offi ce of Education Account- age ratio is slightly over 400 to 1, with higher ratios understand the cultures there, especially as there has ability presented an overview of school counselors at the lower grades. Ms. Cummins stated the report been high turnover of superintendents in the district. in Kentucky as required by Senate Bill 1 of the 2019 contains a further breakdown by school size and If superintendents engaged they would get the princi- Regular Session. Ms. Cummins explained the bill had poverty level, but she reminded the members that all pals and support they want but in the larger districts, two goals for school counselors, the fi rst is for them calculations were based on A1 schools. While some putting sole principal hiring authority with a single to spend at least 60 percent of their time on direct career and technical schools and alternative schools individual is too much. She urged the legislature to services to students and the second is for there to be have counselors, they were not included in this sur- stop sending middle managers and taking away pow- a ratio of one counselor per 250 students. Th e report vey. Neither were other service providers such as er from parents. She also commented that it does not showed that 57 percent of schools did not meet the psychologists, therapists, and college/career coaches. appear that rural districts have any trouble with the target for amount of time spent with students and the In order for Kentucky to meet the target ratio across system as it is because they engage. number of school counselors would need to increase just A1 schools, an additional 1,156 counselors are Report from Career and Technical Education by 80 percent to meet the target for student/counselor needed state wide to meet the goal ratio. Estimated Task Force ratios. Additionally, staff pointed out there were some annual cost to employ this number of school coun- Senator Wilson and Representative McCool were defi nitions in the statute that need refi nement for clar- selors would be approximately $93 million. Currently, present to cover the fi ndings of the task force over the ity. 96 percent of school counselor salaries are paid from 2019 interim. Senator Wilson said they looked specif- First, there is no defi nition of what qualifi es district general funds. Recruitment and retention are ically at inequity among the split system in terms of as “direct services to students” and which types of expected to present major challenges, as a greater per- funding, in terms of teacher salaries, and in terms of schools are subject, whether this applies to only A1 cent of school counselors are eligible for retirement access. Th ere is no overarching solution to these in- schools or are career and technical schools and al- with full benefi ts than classroom teachers. While over equities at this time, but some recommendations for ternative schools also subject to these requirements. 260 school counselors graduate annually, which would things to work toward improving. Th ere was also no eff ective date to require one coun- cover the annual number who retire, superintendents Representative McCool said there are signifi cant selor per school. While July 1, 2021 was listed in report signifi cant recruitment and retention problems. diff erences between the Local Area Vocational Edu- the bill, language also said “or when funds become School counselors are also classifi ed as instructional

14 2020 Interim LEGISLATIVE RECORD leaders and required to get 21 hours of professional the Coronavirus Aid, Relief and Economic Security Koch, Derek Lewis, Scott Lewis, Mary Lou Marzian, development annually related to their duties as school (CARES) Act were also addressed. Patti Minter, Jason Nemes, Jason Petrie, Rick Rand, counselors. Th ere are also two regulations mentioned In response to a question from Senator Embry, Steve Sheldon, James Tipton, Ken Upchurch, Russell in the current professional development regulation Ms. Kinney said using available state and federal funds Webber, and Lisa Willner. that are outdated and need to be amended. Noted in for eligible purposes could free up money from other Guests: Jay Hartz, Legislative Research Com- the report, almost half of counselors are not getting sources to address budget shortfalls in local districts. mission; Tricia Okeson and Mark Carter, Department their required professional development hours be- In response to a question from Representative of Public Health, Cabinet for Health and Family Ser- cause of this lack of clarity. It was recommended that Tipton, Ms. Kinney said the process for requesting vices; and Gerina Whethers and Jenny Goins, Person- KDE revise the regulation and that school districts Elementary and Secondary School Emergency Re- nel Cabinet. ensure compliance on professional development for lief (ESSER) funds has started. School districts need LRC Staff : Alisha Miller, Daniel Carter, Roberta school counselors. Superintendents must report num- to make a federal cash request to be able to receive Kiser, and Peggy Sciantarelli ber and placements of school counselors annually and ESSER funds. Staff will send tax rates for each school Contact Tracing Activities and CARES Spend- KDE performs a survey. However, the survey does not district to members of the committee. ing, Contracting, and Oversight meet the requirements of the statute for reporting. Dr. In response to a question from Representative Guest speakers from the Department of Public Liguori said KDE implemented their survey in order Bojanowski, Ms. Kinney said that, under the CARES Health, Cabinet for Health and Family Services, were to assist districts with reporting proactively, however, Act, there is a model that informs districts regarding Tricia Okeson, Deputy Commissioner, and Mark Car- there are improvements that can be made. Ms. Cum- equitable services. She added that this does not mean ter, Executive Advisor. Th ey appeared via videoconfer- mins gave a brief overview of the fi ndings and asked if that money will go to private schools, but rather, fo- ence. Th eir testimony included a PowerPoint presen- members had any questions. cuses on the value of services provided to the students tation entitled “Contact Tracing” and a brief YouTube Chairman Wise said there will likely be revisions enrolled in private schools. video relating to Kentucky’s contact tracing program. to the statute in the upcoming session to address some In response to a question from Representative Mr. Carter said that public education and par- of these recommendations. Howard, Ms. Kinney said the Kentucky High School ticipation presents a signifi cant challenge for contact Representative Willner expressed concerns Athletic Association (KHSAA) had waived the dead tracing. As part of an educational eff ort to promote about districts releasing certifi ed mental health pro- period date for athletics. She added that school dis- understanding of contact tracing, the Department has fessionals in order to meet the ratios of school coun- tricts play a vital role in many aspects of the commu- been communicating with county judge/executives, selors but was gratifi ed to hear that that may not need nity and the importance of considering each aspect mayors, the League of Cities, chambers of commerce, to occur with changes to the statute. when providing guidance on how to proceed for the school superintendents, independent college and With no further business to come before the summer and the upcoming school year. university presidents, and others. Th e Department’s committee, the meeting adjourned at 3:30 p.m. In response to a question from Representative work is consistent with the guidelines from the White Banta, Mr. Harman said there are 51 federally identi- House and the Centers for Disease Control and Pre- Interim Joint Committee on fi ed Comprehensive Support and Improvement (CSI) vention (CDC). Th e contracting tracing and track- schools in Kentucky. Th ere is little to no fl exibility with ing system—referred to as CTT—is the tool used by Appropriations and Revenue state and federal guidelines regarding CSI schools. disease investigators and contact tracers in conjunc- Budget Review Subcommittee on In response to a question from Representative tion with the COVID-19 containment and mitigation Education Flood, Ms. Kinney said the Governor’s Emergency strategy. Privacy protections have been built into the Minutes of the 1st Meeting Education Relief (GEER) Fund dollars will be allocat- system. Th e current focus on the pandemic should of the 2020 Interim ed under the Title I formula. also provide long-term value to the Department of June 3, 2020 Chair Riley announced the next meeting of the Public Health, local health departments, epidemiol- Call to Order and Roll Call Budget Review Subcommittee on Education will be ogists, health professionals, scientists, and the Com- Th e 1st meeting of the Budget Review Subcom- held on July 8, 2020, at 10:30 a.m. monwealth in general. mittee on Education of the Interim Joint Committee Th ere being no further business to come before Mr. Carter reviewed the slide presentation, on Appropriations and Revenue was held on Wednes- the subcommittee, the meeting adjourned at 11:40 which explains that contact tracing combines public day, June 3, 2020, at 10:30 AM, in Room 154 of the a.m. participation and the power of technology to help Capitol Annex. Representative Steve Riley, Chair, public health offi cials and health care providers con- called the meeting to order, and the secretary called Interim Joint Committee on State tain the spread of COVID-19. It allows public health the roll. workers to record individual information of Kentuck- Government ians who have been exposed and to conduct outreach Present were: Minutes of the 1st Meeting and monitor wellness. Disease investigators call indi- Members: Representatives James Tipton, Co- of the 2020 Interim viduals who have contracted the virus, confi rm their Chair, and Steve Riley, Co-Chair; Senators C.B. Em- June 24, 2020 lab results, verify their isolation needs, and ask about bry Jr., Gerald A. Neal, Johnny Ray Turner, and Mike Call to Order and Roll Call Wilson; Representatives Kim Banta, Tina Bojanowski, potential contacts. Contact tracers are then responsi- Th e fi rst meeting of the Interim Joint Committee ble for calling the individuals who have been exposed, Randy Bridges, Kelly Flood, Cluster Howard, Regina on State Government was held on Wednesday, June Huff , C. Ed Massey, Bobby McCool, and Rob Rothen- providing information to them, and assessing the in- 24, 2020, at 10:30 AM, in Room 171 of the Capitol dividuals’ health on a daily basis. In some areas, the burger. Annex. Representative Jerry T. Miller, Chair, called Guests: Charles Harman, Director, Division of disease investigator and the contact tracer may be the the meeting to order, and the secretary called the roll. same person. Th e system may also employ individuals Budget and Financial Management, Kentucky Depart- Present were: ment of Education; Robin Kinney, Associate Commis- –social support connectors—who identify daily needs Members: Senator Wil Schroder, Co-Chair; Rep- of patients or contacts who are isolating and quaran- sioner, Offi ce of Finance and Operations, Kentucky resentatives Jerry T. Miller, Co-Chair, and Kevin D. Department of Education. tining. Th e CTT system shares information through Bratcher, Co-Chair; Senators Ralph Alvarado, Denise social media and shares communication materials LRC Staff : Chuck Truesdell, Seth Dawson, and Harper Angel, Stan Humphries, Christian McDaniel, Amie Elam with public establishments, government buildings, Robby Mills, Michael J. Nemes, Damon Th ayer, and local health departments, medical offi ces, healthcare Kentucky Department of Education (KDE) Johnny Ray Turner; Representatives John Blanton, Charles Harman and Robin Kinney gave a pre- facilities, and testing sites. Tom Burch, McKenzie Cantrell, Jeff ery Donohue, Th e contact tracing eff ort requires a partnership sentation to the committee regarding FY 2020 bud- Jim DuPlessis, Larry Elkins, Joseph M. Fischer, Kelly get reductions and FY 2021 budget implementation. between the state, local departments of health, and Flood, Jim Glenn, Derrick Graham, Joe Graviss, Rich- the public. Th e purpose of contact tracing is to help Th e impact of COVID-19 on school districts and ard Heath, Samara Heavrin, Joni L. Jenkins, Matthew THE KENTUCKY GENERAL ASSEMBLY 15 people protect their families and friends. It is also a to continue paying the additional hires. Local health funds to pay for all the contact tracers. Ms. Okeson tool to help ensure an open and strong economy in the departments have jurisdiction to require a person to said she believes the CARES funding will be suffi cient state and to educate citizens regarding COVID-19. To quarantine, and most will likely comply when they through December 31, 2020. Aft er that date, the De- ensure the best eff ort, Kentuckians need to be united understand that the program is designed to help pro- partment might also be able to access funds through and to spread awareness and understanding of contact tect them and their loved ones from the virus. Contact federal grants. tracing. Informational materials are available on the tracing for large group events is a matter of practical- Representative Blanton asked whether the peo- “kycovid19.ky.gov” website. ity. It is recognized that an identifi ed contact would ple hired through the staffi ng agencies are being paid Representative Miller asked about the qualifi - probably not know everyone in attendance at the more than the local health department employees cations of disease investigators and whether contact event. who are doing the same work. Mr. Carter said $50/ tracers are local or state public health workers. Mr. Representative Graviss asked about the potential hour—the highest rate being paid through a staffi ng Carter said that disease investigators typically are cli- for using current staff or “ramping up” staffi ng if there agency—would be for professionals such as disease nicians such as registered nurses or someone in an should be a future need, once the current pandemic investigators, and that rate is a function of the labor allied health profession who understands the disease subsides. Mr. Carter said that many of the current market. Local health department employees have full- and how to manage it. Tracers do not have to be cli- staff are competent at contact tracing, and he believes time, permanent positions that include health insur- nicians, but it is important that they have excellent there would be a good pool from which to choose. At ance and pension benefi ts, whereas someone working communication skills. Kentucky’s 61 local health de- least one Kentucky institution of higher education is for a staffi ng agency is just receiving hourly pay, with partments have been doing contact tracing on com- trying to develop a certifi cation program for contact no benefi ts or job guarantee aft er December 31. Th e municable diseases for decades and already had 431 tracers, and that bodes well for the future. Lack of the compensation issue has arisen in discussions with lo- disease investigators and contact tracers on staff pri- necessary technology has been one of the biggest chal- cal health department directors, and the Department or to COVID-19. Since the advent of COVID-19, the lenges during the pandemic. From an overall staffi ng of Public Health is trying to help them understand the Department of Public Health has used staffi ng agen- perspective, though, the Commonwealth would be discrepancies in pay. He said he believes it was a good cies to hire temporary positions for regional teams of able to respond eff ectively in the future if needed. Th e decision to have new positions and centralized control disease investigators and contact tracers. Staff in those department has also had a crisis response function in and fl exibility to move them from region to region. positions may be physically located in a local health place for years, and much has been learned from deal- Representative Blanton said he understands the tem- department or, if working remotely, live in the local ing with COVID-19. porary nature of the staffi ng agency hires, but he wants health department’s community. As of June 19, 2020, Representative Bratcher asked whether some- to make sure that local health department employees an additional 206 have been employed, for a total of one who has been in contact with an infected person are treated fairly. 637. CARES Act funding permits hiring up to 700 will be required by law to quarantine and whether law Responding to Representative Heavrin, Mr. Car- people as the need arises. enforcement would be notifi ed. Mr. Carter said the ter explained that the information gathered by contact Senator Th ayer said he wants to go on record Department of Public Health would not report it to tracers would be exempt from open records requests. that he is dubious and skeptical about contact trac- law enforcement as a matter of routine, and there are Representative Flood requested a breakdown, ing. He believes it infringes on people’s freedoms and privacy policies in place to protect a patient’s identi- by gender, of the contact tracers and disease investi- liberty, and he thinks the legislature should be more ty. Th e local health department and county offi cials gators, especially the 206 hired through the staffi ng involved in making decisions when there is a state of would be responsible for dealing with the rare excep- agencies. She also expressed support for protecting emergency. He asked about the Governor’s promise tion of someone who refuses to cooperate or partici- and enhancing the salaries of health care workers. Mr. to reimburse local health department costs related pate in the program. Carter agreed to provide the gender information. to COVID-19 and whether any funds have been dis- Representative Minter said that Warren County Representative Sheldon asked whether the con- bursed. Ms. Okeson said the Governor has allocated has been a hotspot and that contact tracing has been a tract with Deloitte Consulting to provide a soft ware $10 million to reimburse local health departments, big part of the heroic work of the Barren River District system for contact tracing was done through a bid or a and the Department of Public Health is tracking local Health Department, which covers eight counties. Matt no-bid contract, and whether the soft ware system was health department costs relating to COVID-19 activ- Hunt, director of the Barren River District Health De- already in use outside Kentucky. Mr. Carter said the ity. She believes a little over $6 million has been sent partment, has indicated that they are hiring 35-40 Cabinet already had a contract in place with Deloitte, to the local health departments, based on their costs people as contact tracers so that other health depart- and it was amended and expanded to include develop- to date. Senator Th ayer said he would like to have ver- ment staff can resume their normal duties. Represen- ment of a contact tracing and tracking system. Oth- ifi cation from the local health departments that they tative Minter said contact tracing has a long history in er states use the system, but he does not know their have received the funds. He also expressed concern United States public health. She expressed thanks for timeline. Representative Miller asked Mr. Carter to that people are being hired through staffi ng agencies public health offi cials’ work and for bringing in new provide the requested information to LRC staff . when the health departments have employees on staff technology and methodology. Representative Sheldon agreed on the need for who are already trained. Mr. Carter said the additional Representative Tipton asked about the employ- contact tracing but expressed concern about the need staff were hired in order to provide fl exibility to move ment status and compensation of contact tracers. Mr. for privacy and keeping the information secure. Mr. resources to areas that might experience outbreaks. Carter said that 431 are already employed by local Carter said that the processes and policies in place Th e Department of Public Health recognizes the com- health departments as disease investigators and con- include an emphasis on privacy. Disease investiga- petency and expertise of the local health departments, tact tracers. Th e new people being hired through staff - tions and contact tracing have always been reported and they have fi nal say regarding the hiring of addi- ing agencies were selected through the procurement through a secure system to the Department of Public tional staff . Th ere is emphasis on hiring staff from the process and are being located either physically or vir- Health and to the CDC. Th e information is not phys- local communities where they will be working. Mr. tually within the local health departments. Th e state ically kept locally. Th e new people hired through the Carter said he understands Senator Th ayer’s concerns pays the staffi ng agencies an hourly amount, and those staffi ng agencies undergo a 2½ day training curricu- but believes there is a good balance between central agencies recruit and pay according to the competitive lum developed by the Department’s epidemiologists control for deployment of staff and ensuring that they labor market. He said he would be happy to obtain ad- and, when assigned to local health departments, they are properly supervised on a daily basis. ditional information about the compensation. are expected to fulfi ll the same Health Insurance Por- Responding to questions from Senator Nemes, Representative Marzian said she is in favor of tability and Accountability Act (HIPAA) training giv- Mr. Carter said that the CTT system for COVID-19 contact tracing—that it is a life issue and should not en to local health department staff . is being funded by the CARES Act through the end of be coupled with politics. She was notifi ed that she had Senator Th ayer stated, “We, as an elected body, the current calendar year and will also be applicable been exposed and was grateful for the eff ort, since it would do well to remember that freedom and liberty to other communicable diseases. Without reauthori- allowed her to take steps to protect her elderly mother- do not die during a pandemic. If we are not careful, zation of CARES funding, no state funds are available in-law. She also asked whether there would be enough there are certainly big government do-gooders, both

16 2020 Interim LEGISLATIVE RECORD elected and unelected, who will try to limit both. most importantly, the general public as they seek to her staff who were available during the videoconfer- We need to be wary of that throughout this state of eff ectively communicate with members of the General ence: Deputy Secretary Lindy Casebier; Jenny Goins, emergency as long as it lasts.” He also expressed sym- Assembly. Currently room 171 is the only committee Commissioner, Department of Employee Insurance; pathy for school superintendents who are trying to room equipped for videoconferencing. LRC is negoti- Mary Elizabeth Bailey, Commissioner, Department get schools reopened. He posed the question of how ating with vendors to similarly retrofi t all the commit- of Human Resources; and Robbie Perkins, Director of school districts and superintendents will be able to re- tee rooms prior to the next regular session, including Technology Services. spond if contact tracing fi nds that a teacher, student, room 327 in the Capitol. LRC is also in the process of Secretary Whethers said that part of the cabinet’s or school bus driver has been exposed to the virus. moving to a new phone system, using voice-over-in- mission is to provide leadership and guidance to at- Mr. Carter said he would have to defer on the school ternet protocol. Th is will benefi t staff who are working tract, develop, motivate, and retain a talented, diverse question. Th e Department of Education is engaged in from home and help members of the General Assem- workforce. It also has the responsibility to ensure con- discussions with school superintendents, and he is not bly to more eff ectively communicate with their legis- tinued communication during the pandemic. Th ere privy to those sessions. In the event of infection in a lative assistants and other LRC staff . Th e Legislative are an estimated 29,237 executive branch employees school, the Department of Public Health would com- Research Commission will be seeking reimbursement located in 850 state offi ces/facilities; that number in- municate with the school system. Th e goal of contact through CARES Act funding for these necessary ex- cludes 159 employees in the Personnel Cabinet. tracing would be to isolate and contain the infection penses to upgrade and improve ability to assist the Secretary Whethers reviewed the COVID-19 and avoid a situation where an entire school or school public and keep them informed. response timeline. Th e Governor declared a state of system would have to be shut down. Mr. Hartz also announced that on June 25 all emergency on March 6. At that time, KEHP began Senator Mills asked how it would be handled if committee meetings will be held remotely, and all expanding coverage to protect employees telework- contact tracing detects exposure at abortion clinics, LRC staff will be working remotely. A large crowd is ing from home. Personnel Memo 20-02 was dissem- which have been allowed to stay open throughout the expected for an event at the Capitol, and for safety rea- inated in mid-March, relating to HR protocols for pandemic. Mr. Carter said, to his knowledge, no ex- sons the State Police have advised limiting the number COVID-19. To promote the health and well-being posure has occurred at an abortion clinic, but it would of people working at the Capitol campus. He under- of state employees and reduce spread of the disease, be handled the same as any other disease investigation stands that a similar request was made to the execu- agencies were directed to reduce on-site staffi ng by up or tracing eff ort. If an entire facility was impacted, it tive branch. In response to Representative Graham, to 50 percent. Telecommuting increased to 75 percent could possibly be closed. he later explained that the June 25 event relates to the later that month. A Business Continuity Plan (BCP) Representative Miller thanked the speakers for Breonna Taylor situation in Jeff erson County. was initiated around March 30. To keep employees their presentation and asked that they provide LRC Representative Miller said he had received 50 or safe, personnel restrictions, policies and guidelines staff with the information that has been requested. 60 requests from constituents regarding the unem- were implemented during May as employees began LRC Response to the COVID-19 Pandemic ployment issue, and he thanked Constituent Services the transition from “healthy at home” to “healthy at LRC Director Jay Hartz addressed the commit- staff for doing a wonderful job. work.” Th e BCP provides processes for alternative tee. Mr. Hartz said that about March 16, LRC moved Representative Graviss asked about the possibil- work sites, including procedures and technology for to a minimal staffi ng plan, in response to COVID-19. ity of training LRC staff to assist in reducing the un- all staff who are working remotely. It is updated annu- Th at staffi ng plan continued through March and April. employment insurance backlog. Mr. Hartz said that ally, tested periodically, and audited by the Auditor of Beginning May 1, LRC began moving additional staff executive branch unemployment insurance staff are Public Accounts. into the offi ce—below the 50-percent level recom- working seven days a week in an attempt to deal with “Healthy at Home” action steps included im- mended by the Governor. Th is has been possible by al- the situation, and it is his understanding that they plementation of a telecommuting policy (Personnel lowing staff to telework. All LRC systems continue to have been unable to resolve the administrative hurdles Memo 20-02), increased workplace cleaning, agency function, though some possibly to a lesser degree. He that prevented LRC staff from participating. communications, suspension of work-related trav- commended LRC staff for the great work that they do. Senator Nemes expressed gratitude to Mr. Hartz el, and suspension of in-person government services Mr. Hartz said the Senate President and the and to LRC staff for trying to help with the unemploy- to the public. Directives were communicated to em- Speaker authorized him to make LRC staff available ment insurance backlog, but he stated that it is not ployees across the Commonwealth to ensure that they to the state unemployment insurance offi ce to help re- LRC’s responsibility. He said the people of Kentucky knew what was happening and that the Personnel duce the backload of applications. Approximately 100 need to be aware that, although LRC is off ering to Cabinet was open to their questions and concerns. Es- LRC staff volunteered for that activity. As it turned help, unemployment insurance work is the responsi- sential services were maintained. Telecommuting has out, unpredicted administrative hurdles prevented bility of the executive branch administration. varied among state agencies, based on the mission of that participation. However, LRC’s Constituent Ser- Representative Graham asked whether there is the organization. Th e cabinet also off ered virtual train- vices staff have done an amazing amount of work to a timeline for transitioning back to a normal staffi ng ing courses for those working from home. Th e cabinet help expedite the unemployment insurance process. model. Mr. Hartz said it depends on what happens. has been facilitating meetings, virtual trainings, and Th ey generally receive 2,500-3,000 yearly requests for In consultation with his senior management team, he programs throughout the process. Th e Kentucky Em- help or information, but since March 16 they have an- decided not to establish an arbitrary date for return- ployee Assistance Program also produced and hosted swered 2,148 legislative referrals. Currently 3,472 ad- ing to full capacity, and he does not know when that a live webinar. In addition, a 10-day state-of-emergen- ditional requests await processing, for a total of 5,620. might be. He is wholly focused on making sure that cy paid sick leave was authorized for employees who Th e vast majority of those relate to unemployment in- the General Assembly is able to convene for the reg- tested positive for COVID-19. surance. Th ose numbers are all generated by constit- ular session in January and that legislators are able to Much of the KEHP expanded coverage that start- uents of legislators, who then forward the requests to function and work eff ectively for their communities ed in early March was provided at no cost to mem- Constituent Services. Legislative assistants and leader- and constituents. bers. It covers COVID-related inpatient and outpa- ship staff have also been assisting with unemployment Senator Th ayer thanked Mr. Hartz for his excel- tient services received January 1-December 31, 2020; insurance inquiries. lent testimony and noted that the LRC recently decid- screening and testing for COVID-19; and expanded In response to the COVID-19 public health ed to renew his contract. Representative Miller also pharmacy benefi ts. Th e suspension of elective proce- emergency the Legislative Research Commission thanked Mr. Hartz on behalf of the committee. dures helped cover KEHP’s cost for the free services. has incurred, and will continue to incur, necessary Personnel Cabinet’s Response to the COVID-19 For the benefi t of members, adjustments were made to unbudgeted expenditures to comply with protocols Pandemic fl exible spending and health reimbursement accounts. established at both the federal and state levels. Th e Guest speaker Gerina Whethers, Personnel Cab- KEHP expanded telehealth services for medical and unbudgeted expenses are vital to protect LRC employ- inet Secretary, appeared via videoconference. Her tes- behavioral health through September 30. LiveHealth ees, legislators, state and county elected offi cials, em- timony included a PowerPoint presentation entitled Online Medical experienced a 34 percent increase in ployees of state agencies and local governments, and, “COVID-19 Response.” She recognized members of usage from January-May 2020, compared to the same

THE KENTUCKY GENERAL ASSEMBLY 17 time period in 2019. Usage of LiveHealth Online Be- ers and staff . He announced that the next meeting of employees who dedicated substantial time to mitigat- havioral Health increased by 55 percent. KEHP now the committee would be on July 28. Business conclud- ing or responding to the public health emergency. is working to minimize the impact of COVID-19 for ed, and the meeting was adjourned at 12:35 p.m. In addition to the CRF, DLG has been informed high-risk populations and to promote the importance that the Offi ce of Federal Grants within DLG will re- of preventive services. Interim Joint Committee on Local ceive Community Development Block Grant COVID Th e Kentucky Workers’ Compensation Insur- Funds. Th e fi rst round of $2 billion was distributed ance Program provides coverage for more than 63,000 Government using the already established 2020 CDBG formula- Minutes of the 1st Meeting employees and volunteers. To date, the program has tion and Kentucky’s State and Small Cities Program of the 2020 Interim received 170 injury reports related to COVID-19. As received $15.5 million to be used in non-entitlement June 24, 2020 of April 30, 2020, Kentucky Deferred Compensation is areas. In the second round, Kentucky received $16.9 Call to Order and Roll Call assisting 76,845 participants in the plan, with no inter- million to use statewide, focusing on the following: Th e fi rst meeting of the Interim Joint Committee ruption of services. Th e Offi ce of Legal Services team assistance to low-income individuals, elderly persons, on Local Government was held on Wednesday, June has been instrumental in helping to rapidly develop and need children; families and entities impacted by 24, 2020, at 9:00 AM, in Room 171 of the Capitol An- policies in relation to the Emergency FMLA Expan- economic and housing market disruptions; and ef- nex. Representative Michael Meredith, Chair, called sion Act and the Emergency Paid Sick Leave Act, de- forts to reduce risks of transmission and number of the meeting to order, and the secretary called the roll. signed to ensure that employees have expanded leave COVID-19 cases. Th e third round of funds will be re- Present were: options during the COVID-19 crisis. Th e Department leased at a later date. Members: Senator Wil Schroder, Co-Chair; of Employee Insurance is working with individual In order to help DLG assess communities’ needs, Representative Michael Meredith, Co-Chair; Sena- agencies to assist members who are having diffi culty a survey was distributed to 520 communities with 185 tors Ralph Alvarado, Denise Harper Angel, Christian paying premiums due to COVID-19 constraints. responses received. Th e two areas of greatest need McDaniel, Robby Mills, Michael J. Nemes, Damon As part of the transition to “Healthy at Work,” for assistance included assistance with unpaid utility Th ayer, and Johnny Ray Turner; Representatives Dan- a Healthy At Work Task Force was created. Telecom- bills and the need for public services (i.e. Meals on ny Bentley, Randy Bridges, George Brown Jr, Jeff ery muting has been encouraged, and free COVID-19 Wheels, recovery centers, community action agencies, Donohue, Larry Elkins, Deanna Frazier, Joe Graviss, testing for state employees is being off ered in partner- and workforce development). While those areas were Cluster Howard, Regina Huff , Kim King, Adam Koe- ship with First Care and local health departments. identifi ed as the areas of greatest need, to ensure the nig, Jerry T. Miller, Brandon Reed, Rob Rothenburger, Senator Mills said he received an email from a reduction of the risk of duplication of benefi ts from John Sims Jr, and Ashley Tackett Laferty. county judge (Crittenden County) who expressed other federal and state resources, DLG is ensuring Guests: Dennis Keene, Billie Johnson, and Jen- frustration because he has not received an answer to the program will allow as much fl exibility to best as- nifer Peters, Department for Local Government; Paul email inquiries he has been sending to state agen- sist those communities in need. DLG will follow its Coomes, Pegasus Institute; J.D. Chaney, Kentucky cies for several months. Th e recipients of his emails currently established application submission process League of Cities; and Shellie Hampton, Kentucky As- appeared to be working from home. Agencies he in best deploying the resources throughout the Com- sociation of Counties. attempted to contact included the Finance and Ad- monwealth. LRC Staff : Mark Mitchell, John Ryan, Joe Pincze- ministration Cabinet, the Department of Revenue, In response to a question from Senator Th ay- wski-Lee, and Cheryl Walters. the Transportation Cabinet, and the Education and er, Ms. Billie Johnson, Acting Executive Director of Issues relating to COVID-19 Relief Programs Workforce Development Cabinet. Senator Mills said it the Offi ce of Federal Grants, replied that local health Commissioner Dennis Keene, Department for is important for state government to serve local elect- departments are not covered under the CARES Act. Local Government (DLG), told the Committee that ed offi cials and citizens of Kentucky when they seek Health departments are receiving other funding. DLG is administering Coronavirus Relief Funds and information or assistance. Secretary Whethers said it In response to another question from Senator Community Development Block Grant Covid Funds. is important to respond to citizens and to answer their Th ayer, Ms. Johnson said DLG would not administer Governor Beshear announced a $300 million award questions as quickly as possible. She wants to make funds to local health departments, and she did not to city and county governments as part of the Coro- sure that every eff ort is made to do so—and as quickly know who would. navirus Aid, Relief and Economic Security (CARES) and safely as possible. She said she would be happy to Senator Th ayer stated that he is interested in Act. Th e Act established the Coronavirus Relief Fund reach out to the offi cial if Senator Mills would forward fi nding out who will administer funds to the local (CRF) to reimburse local governments for expenses the inquiry to her. health departments and when local health depart- incurred in response to the public health emergency Representative Willner said she is encouraged ments would receive those funds. Commissioner caused by COVID-19. that so many people are taking advantage of the tele- Keene replied that if his staff fi nds out that informa- Th e funding will be allocated to city and county health benefi t. She asked whether its continuance tion, Senator Th ayer will be made aware. governments based on approximate population size as should be affi rmed through legislation or adminis- Representative Graviss told Commissioner recorded in the most recent census data. Guidelines trative regulation. Ms. Goins, Commissioner of the Keene that he wanted to let him know how helpful his include expenses that: are necessary expenditures Department of Employee Insurance, agreed on the staff were in assisting the people of his district. incurred due to the public health emergency with importance of telehealth services and said it is com- In response to a question from Representative respect to COVID-19; were not accounted for in the ing more into focus on the national level, as well as in King, Ms. Johnson said she was not aware of any pa- budget most recently approved as of March 27, 2020; Kentucky. She said more conversations are needed re- rameters in place to protect tax payers in terms of tax and were incurred during the period that began on garding the telehealth environment and that it would increases once the program ceases. March 1, 2020 and ends on December 30, 2020. be helpful to have policy, or possibly legislation, in In response to a question from Representative Eligible reimbursements may include but are not place related to telehealth services. Rothenburger, Ms. Johnson answered that DLG is in limited to: the purchase of personal protective equip- the process of contracting with the federal govern- ment (PPE) for health and safety employees; expenses Representative Graham asked what action ment for funds to start to go out July 1st. for communication and enforcement by governments should be taken, or protocol followed, regarding the In response to another question from Represen- for COVID-19-related public health orders; expens- email issue raised by Senator Mills. Secretary Wheth- tative Rothenburger, Ms. Johnson stated that it takes es for food delivery to nursing homes and vulnera- ers said she would reach out to the cabinet secretaries two and a half weeks to get checks to local govern- ble populations; improvements necessary for public involved to ensure that the county offi cial is contacted. ments. employees to telework to comply with public health She said there is protocol and policy in place within In response to a question from Representative precautions; expenses for disinfection of public spaces state agencies, but she feels it is still her responsibility Koenig, Ms. Johnson said contracts are given to cities and facilities; and payroll expenses for public safety, to make sure that questions are answered. and counties who then set up contracts with business- public health, health care, human services and similar Representative Miller thanked Secretary Wheth- es for small business loans.

18 2020 Interim LEGISLATIVE RECORD In response to a question from Representative ments and the IRS payments to households and the COVID-19 virus. Frazier, Ms. Johnson replied that the CDBG COVID Paycheck Protection Act, have contributed over $10 In response to a question from Representative funds were distributed using the same process and billion of federal money that has come into Kentucky King, Dr. Coomes said he has no data regarding the formulation that was already in place. beginning in April and has really help off set the neg- left over inventory from small mom and pop business- In response to a question from Representative atives. es having to be closed. A lot of money fl owed to big Miller, Ms. Johnson stated that the Department strict- Some of the economic downturn has been box retail chains that would have gone to mom and ly allocated CDBG funds and no others. damped by very good employment numbers prior to pop businesses and there could be many bankruptcies In response to a question from Representative the onset of COVID-19 for the fi rst part of the fi scal resulting. Elkins, Ms. Johnson replied that a rating system is not year. Th ere is also a lag in tax receipts that has pay- Representative Howard commented that con- used for the distribution of funds. It is a reimburse- ments still coming in from earlier in the fi scal year. tinuing to throw federal money at a problem does not ment program and does not use a scoring system. Th e industries hit the hardest have exhibited lower make any sense. Dr. Coomes agreed. In response to another question from Represen- pay, part-time occupations, such as restaurants, re- Representative Meredith told Dr. Coomes that tative Elkins, Ms. Johnson said reimbursement is not tail, hotel, and some of the travel industries. Th e av- the Committee might invite him back at a future date. done on a fi rst come, fi rst served basis. Each county erage pay in those industries is $20,000 to $25,000 Th ere being no further business, the meeting was has their own allocation of the CARES Act funds; a year compared to the average for all jobs which is adjourned at 10:10 a.m. however, CDBG funds are allocated using a scoring around $45,000 a year. Because of this, the job losses system, but they are two diff erent funding streams. look much worse than the income losses which aff ect Interim Joint Committee on In response to a question from Senator Mills, Ms. occupational tax revenues. So, for example in Louis- Johnson explained that the total amount of COVID ville’s case, most of the offi ce workers kept their jobs Licensing, Occupations, and funds include $300 million for cities and counties in and kept paying occupational taxes. So, for instance, Administrative Regulations the CARES Act and $2 billion total CDBG funds with if you had 10-15 percent job losses, this translates to Minutes of the 1st Meeting $15.5 million in the fi rst phase and $16.9 million be- only about 5 percent in revenue losses. of the 2020 Interim ing available in the second round. Th ere have been a lot of economic off sets on the June 26, 2020 In response to a question from Representative fi scal level that may explain why the eff ects have not Call to Order and Roll Call Bentley, Ms. Johnson agreed that relating to the reim- been as pronounced as the economic data would pre- Th e 1st meeting of the Interim Joint Committee bursement, rural areas apply for the application, have dict. For instance when restaurants were closed, peo- on Licensing, Occupations, and Administrative Reg- the letter, see the benefi ts, get the memorandum, then ple began cooking at home. Grocery store revenues ulations was held on Friday, June 26, 2020, at 11:00 receive the money. were up 30 percent. Some people who were out of AM, in Room 171 of the Capitol Annex. Senator John In response to a question from Representative work sought and gained other employment in grow- Schickel, Chair, called the meeting to order, and the Meredith, Ms. Johnson stated that decisions are made ing industries. People bought appliances, clothes, and secretary called the roll. by merit employees to approve the applications for re- televisions from the businesses that were allowed to be Present were: ceiving funds. open during this time, making purchases from them Members: Senator John Schickel, Co-Chair; In response to another question from Represen- rather than the shops that were closed. While travel Representative Adam Koenig, Co-Chair; Senators Ju- tative Meredith, Commissioner Keene said the cities has been down, people have deferred vacations and lie Raque Adams, Tom Buford, Denise Harper Angel, not exhausting their allotted funds can transfer those such, and have used that money to, for instance, re- Jimmy Higdon, Paul Hornback, Christian McDan- remaining funds to the county. model their houses. iel, Michael J. Nemes, Damon Th ayer, and Reginald Representative Meredith told Commissioner Local governments have gotten through FY Th omas; Representatives Kim Banta, Tom Burch, Al Keene that once the COVID funds have been exhaust- 20 fairly well. Fiscal Year 21 is yet to be determined. Gentry, Th omas Huff , Matthew Koch, Nima Kulkarni, ed, the Committee might have DLG come back and Th ere are positive signs out there for a quick econom- C. Ed Massey, Michael Meredith, Jerry T. Miller, Kim- report on how the funds were spent. ic recovery, but we have never been through anything berly Poore Moser, Ruth Ann Palumbo, Phillip Pratt, Fiscal Impacts on Local Governments relating to exactly like this before. Rachel Roberts, Sal Santoro, John Sims Jr, Susan We- Economic Impact of COVID-19 In response to a question from Representative strom, and Buddy Wheatley. Dr. Paul Coomes, Senior Fellow with the Pega- Meredith, Dr. Coomes said he believed that a recently Guests: Terri Bradshaw, President/CEO, Ken- sus Institute, told the Committee that he was invited released Brookings Institute study exaggerated the im- tucky Capital Development Corporation; Keith Park- to discuss the local government tax structures in light portance of income based taxes for local governments er, Frankfort City Manager; Ted Mitzlaff , Goodwood of the eff ects of COVID-19. Th e economic data looks in Kentucky—that Kentucky cities and counties are Brewing; Taylor Marshall, Bourbon on Main & Holy awful with Kentucky having had the highest number more reliant on income based taxes than other plac- Man Saloon; Representative Bobby McCool; Virgil of unemployment insurance claims per capita for a es in the country and as such the COVID-19 induced Holland, Welding Technology Program Coordinator, couple of weeks. Kentucky was down 287,000 jobs recession would aff ect these local government more Western Kentucky Community & Technical College; through May, about 15 percent of the total number of so than other places. Our local governments are more Bill Woodward, Vice President, Iron Workers Union; jobs in Kentucky. However, the fi scal data coming in diversifi ed than the study recognized—Kentucky local Jerald Adkins, Legislative Agent, Iron Workers Union; has been better than the economic data. Th e tax struc- governments have sales taxes per se, property taxes, Shad Sletto, Building Industry Association of North- ture at the local level has held up reasonably well giv- and occupational taxes, yet could be even more diver- ern Kentucky; and Philip Stupp, Executive Vice Pres- en the economic damage occurring around the state. sifi ed. Again, the job losses being those with lower pay ident, Stupp Brothers, Incorporated; Shelby Williams, Revenue from property taxes and insurance premium helped buff er the fi scal impact. Director of Governmental Aff airs, Kentucky Society taxes continue to grow. Many local governments have Th e $1,200 payment was not taxable as wages of CPA’s; and Joe Donahue, Acting Executive Director, used the last several years to build up reserves for their for local governments. Th e unemployment insurance State Board of Accountancy. rainy day funds, and some have utilized the rainy day payments are not locally taxable either, but state gov- LRC Staff : Tom Hewlett, Jasmine Williams, Me- funds. Th e CARES Act also benefi tted Kentucky. Lou- ernment does receive tax revenue from that. State in- lissa McQueen, Bryce Amburgey, and Lisa W. Moore isville received about $130 million from it directly. come revenue taxes were actually up 12 percent last Retail Package Sales of Alcoholic Beverages In reviewing the budgets of selected cities, most month because of those payments. Senator Paul Hornback explained draft legisla- of these cities have been able to come up with the In response to a question from Representative tion for the retail package sales of alcoholic beverages. funds to get through the end of this fi scal year. Graviss, Dr. Coomes said he had not studied the As a corn grower, he said this proposed legislation is Fiscal Year 2021 is forecasting some stability. Th e area of landlord rent collection but that it could get a vehicle to enhance economic development for Ken- CARES Act has contributed around $1.4 billion to ugly. Some of the CARES Act money can be used for tucky’s bourbon industry. Similar legislation passed Kentucky in total. Th e unemployment insurance pay- rent payment if the situation has arisen out of the the House of Representatives last session. Ms. Brad-

THE KENTUCKY GENERAL ASSEMBLY 19 shaw said the Covid-19 pandemic has aff ected the eration in the next upcoming legislative session, but in Northeast Kentucky in Flemingsburg, a private con- bourbon industry negatively, and retailers need all feels that distilleries should be included in the legis- tractor in Louisville, Elizabethtown Community and the assistance they can get. She emphasized that lo- lation. It can help small businesses increase cash fl ow Technical College, and West Kentucky Community cal business leaders have plans to generate growth and and opportunities for profi t, and help distillery tour- and Technical College. Th ere is a letter in the meet- new business and avoid increased taxes to fi x budget ism that has been shut down for months. ing materials from Dr. Jay Box, President, Kentucky problems. Responding to a question from Senator Th ayer, Community and Technical College System (KCTCS). Mr. Parker said there is interest from new inves- Senator Hornback said, as the bill’s primary sponsor, KCTCS is in support of the Welding Certifi cation bill, tors and existing businesses to off er a more unique he is more than happy to include the distilleries. Small formerly House Bill 306. bourbon experience. Th e increasing popularity of sales help our small retail associations, and he would Responding to Representative Burch, Mr. Wood- small batch and vintage bourbons, along with craft like to take care of it in one piece of legislation that ward said the welding certifi cation certifi cate requires beers and breweries, has resulted in an increased de- will not need any amendments. Th e Kentucky League that you perform the welding, and not just pass a writ- mand for small volume, high quality sales of packaged of Cities is in favor of this proposed legislation and ten test. Th e American Welding Society (AWS) has a spirits. Th e demand has exceeded the supply of quo- understand the growth it can bring to the cities and code book that outlines all the guidelines and specifi - ta retail package licenses, and threatens the ability to communities throughout the state. cations. It is a performance test. attract and retain businesses that want to supplement Chairman Koenig said the ABC Board will be at Responding to Senator Nemes, Mr. Woodward sales with low-volume off erings. Mr. Parker is com- the Licensing, Occupations, and Administrative Reg- said he wanted some teeth in this legislation, and felt mitted to working with the Kentucky Retail Federa- ulations meeting in July. He asked Senator Hornback a bill draft was more appropriate than being enforced tion, and any other interested parties, to obtain sup- to check with the Kentucky Guild of Brewers to en- by regulation through the Public Protection Cabinet. port for increased retail sales. sure they are in support of the new language, and also Mr. Shad Sletto and Mr. Philp Stupp testifi ed Mr. Marshall testifi ed on behalf of Bourbon on discussed the need for eliminating quota licenses to remotely in opposition to the legislation. Mr. Sletto Main located in Frankfort, Kentucky. Retailers have reach some of these goals. Mr. Parker said quota li- is opposed to the bill as it stands, although he is not been hit especially hard during the pandemic due to censes need to be raised or eliminated. against certifi cations. Mr. Stupp feels that existing restaurants being shut down for months. New busi- Senator Higdon said he does not think eliminat- building codes already cover these safety issues, and nesses can generate the revenue required to open up ing quota licenses is the answer to the issue. All com- there are more than enough safeguards. It was also in Frankfort if they have access to the bourbon pack- munities are not alike and this could be the opening of noted that employees would miss more days with few- age market. It also helps existing businesses that are Pandora’s Box for some places outside Franklin Coun- er testing sites and longer drives to be certifi ed. struggling with fi nances as the tourism industry is ty. He said census reporting could provide a way to Senator Schickel thanked everyone for testifying strong in Frankfort, and provides the tourist with a increase quota licenses. and said dialogue would continue between all entities better experience. It provides another tool in the tool- Senator Hornback said he is not interested in until a bill language is agreed upon that can move for- box for businesses to survive during these pandemic eliminating quota licenses statewide, as he is interest- ward successfully in the General Assembly. times. Current regulations for alcohol sales limit the ed in increasing the number for the small retail asso- CPA Licensure Issues (similar to 2020 RS HB ability to grow and create new jobs, which ultimately ciations and small volume sales under 2,000 bottles 383) decreases new revenue for local communities. per year. All entities, including the Kentucky Guild Representative Kim Banta explained proposed Mr. Mitzlaff , owner of Goodwood Brewery in of Brewers, are in support of the proposed legislation legislation on CPA Licensure. She said the State Board Louisville and Frankfort, testifi ed that he would like and increasing tourism. of Accountancy, along with the Kentucky Society to sell his own craft bourbon by the bottle in his Certifi cation of Welders (similar to 2020 RS HB of CPAs, is requesting to enact two changes to KRS Frankfort restaurant location. Th e primary function 306) 325.240 and one change to 325.280. First, the language is a brewery, but they also produce bourbon through Representative Bobby McCool testifi ed regard- would authorize their board to adopt regulations so various collaborations with diff erent distilleries. Tour- ing a safety bill. Th is bill ensures welding is performed they can issue scholarships using their own money. ism is thriving at the Frankfort facility, but tourists can in a proper manner, and requires that operators have Th e purpose is to boost enrollment in accounting pro- only buy the bourbon by the glass, and not the bottle. the credentials to ensure that buildings and bridges grams, because the number of CPAs retiring is outpac- He believes this should be changed. are assembled properly. It does not apply to all weld- ing those coming into the profession. Mr. Parker said two years ago language was add- ing instances, but focuses on buildings and bridges Secondly, they want to grant immunity to state ed into the law that allowed distillery gift shops to sell when the design engineer requires it. Th e legislation is board members, employees and agents from lawsuits craft beers. He would like that language reciprocated bi-partisan, and has passed the House of Representa- while acting in good faith in performing their normal this year to allow microbreweries to sell craft bour- tives twice in a 95-0 vote, but stalled in a senate com- duties. A number of other Kentucky professional li- bons. Th ey are happy to work the Kentucky League of mittee. Concerns have been addressed. censing boards have similar language including the Cities, the Kentucky Retail Federation, the Kentucky Mr. Holland said the Western Kentucky Com- Medical Licensure Board, Board of Pharmacy, Board Distilleries Association, and the Brewers Organiza- munity & Technical College is one of two certifi ed, ac- of Dentistry, Board of Psychology, and the Board of tion, in order to ensure that all entities are comfortable credited test facilities that would be mandated in the Physical Th erapy. with the new language, and any changes to quota retail legislation for people to use for accreditation. Many Representative Banta said although the board al- package licenses. Frankfort wants to promote busi- other states have similar laws and processes for weld- ready has a layer of protection in case law, they believe ness, growth, and development instead of taxing its ing certifi cation. Th is bill would keep welding stan- this statute should be updated to bring the board in way out of the pandemic fi nancial situation. Frankfort dards systematic across the board and increase safety. line with other licensing boards in the state. Th ey have is 60 percent reliant on occupational based revenues, Mr. Woodward testifi ed in favor of the legisla- discussed and agreed upon the appropriate language and they are anticipating huge budget shortfalls. tion. Th is is good, solid public safety legislation that with all stakeholders. If adopted, the current authority Chairman Schickel said the committee has been has been discussed in depth for several years now. It to purchase insurance would be deleted. working diligently since 2011 to remove barriers for saves taxpayers money by ensuring that projects are Representative Banta said thirdly, the statute small businesses, and he looks forward to bringing completed responsibly and effi ciently. Mr. Woodward would authorizes the board to grant licensure to CPAs this legislation to a vote on the Senate fl oor. He ex- indicated that JD Chaney, Kentucky League of Cities, for out of state licensed CPAs who relocate to Kentucky pressed disappointment that representatives from the does not have any problems with the bill. Th ey have without retaking the CPA exam. Th e requirement that ABC Board were not in attendance at the meeting to worked with many interested entities in order to fi nd CPAs seeking a license via reciprocity must have ob- testify. common ground and language that is acceptable to all. tained a CPA license within fi ve years aft er passing the Senator Th ayer said he is always pleased to fa- Responding to a question from Representa- CPA exam in their home state would be eliminated. cilitate removing artifi cial barriers to free enterprise. tive Pratt, Mr. Woodward said there are four certifi ed Th is requirement is currently in the licensing statute He said this is a good bill, and deserves strong consid- testing facilities for welders. Th e primary locations are for Kentucky based CPAs, but was not intended to af-

20 2020 Interim LEGISLATIVE RECORD fect those seeking a license via reciprocity. Guests: Michelle M. Sanborn, President, Chil- cause the rates are low. Family preservation services Representative Banta said they believe if a CPA dren’s Alliance; Dr. Terry Brooks, Executive Director, is defi ned in KRS 200.575 as services provided to has a current and valid license in their current state, Shannon Moody, Policy Director, Kentucky Youth children at imminent risk of out of home care place- they should be able to get a Kentucky license via rec- Advocates; Norma Hatfi eld, grandmother, kinship ment. Based on a 2008 Cabinet for Health and Family iprocity. Th e way it is written now puts an unintend- family member; Judy Lambeth, Chief Executive Offi - Services (CHFS) report, each dollar spent on family ed burden on CPAs trying to relocate to Kentucky. cer, Paula Garner, Chief Operating Offi cer, Maryhurst; preservation services saves $2.85. Th e Family First During the 2020 session, the legislation passed out of and Chris Peck, Chief Executive Offi cer, Hope Hill Prevention and Services Act allows for federal reim- the House of Representatives with an 85-1 vote. Due Youth Services. bursement for children and their families who are at- to the unique circumstances during session, the bill LRC Staff : Ben Payne, Lead Staff and Becky Lan- risk of out of home care. Th ere has been a 22 percent stalled as time ran out to get it through the Senate. caster. increase in the Department for Community Based Responding to a question from Co-Chair Koe- Children’s Alliance 2020 Legislative Priorities for Services (DCBS) budget amount from 2009 to 2019, nig, Mr. Joe Donahue, newly appointed Executive Kentucky’s Child Welfare System but there has been a 59 percent increase in the number Director, State Board of Accountancy, said they are in Michelle M. Sanborn, MSW, President, Chil- of investigations. Th ere has been a six percent loss in full support of this legislation. Senator Schickel said he dren’s Alliance, stated that the Children’s Alliance is number of DCBS workers from 2009 to 2019. She rec- is not aware of any entity opposed to the bill. a non-profi t association of child and family services ommended that DCBS increase the number of chil- Responding to concerns raised by Co-Chair agencies throughout Kentucky, who serve at-risk, dren and families served through Family Preservation Koenig regarding the use of licensure fees for scholar- abused, neglected, and abandoned children and their Services and to increase the overall DCBS budget to ships, Ms. Williams said the Kentucky Society of CPAs families. Th e Children’s Alliance and other private ensure reasonable caseloads for DCBS investigators does have a scholarship fund. People can voluntarily agencies care for 46 percent of the 9,845 children in and workers. contribute to the educational fund and the scholar- care who are wards of the state. Th e Children’s Alli- Blueprint for Kentucky’s Children 2020 Policy ships are awarded for students on the accountant track ance provides statutorily mandated services to fam- Priorities in Kentucky colleges or universities. ilies and children. In 1998, a rate methodology was Dr. Terry Brooks, Executive Director, Kentucky Ms. Williams said the proposed legislation would created in response to a lawsuit fi led by the Children’s Youth Advocates (KYA), stated that the 2020 Blue- generate funds for scholarships that are derived from Alliance and 12 other agencies. She described the print for Kentucky’s Children along with its partners fees generated from people taking the CPA exam, and steps of rate methodology that include a cost report, will take a collective look at child welfare in the com- not licensure fees. Th ey are hoping this starts the dia- a time study, and the calculation of the level of care ing year. Kentucky has the highest rate in the nation logue for a scholarship, but they are open for ideas on (LOC) rates to determine payment rates. She reviewed for child abuse and neglect, the highest amount of how to alter or improve the language. the comparison of the current rates and the annual au- children living with kinship families, and the highest Chairman Koenig discussed the diff erences in dited cost report and time study (AACRTS) rates. Th e number of children with parents that are incarcerated. reciprocity and recognition. Mr. Donahue said Ken- AACRTS rates show the true cost and underpayment A child welfare priority should be to look at how the tucky is utilizing reciprocity. for residential care. In 2018 there was $13.5 million or core problems connect with judiciary issues, econom- Responding to a question from Representative a 19 percent operating shortfall in funding for 35 res- ic well-being, and the opioid epidemic. KYA hopes the Moser concerning CPA exams and knowledge of Ken- idential providers. Th ere was approximately $543,089 policies regarding the continuum of care for child wel- tucky tax laws and reciprocity issues, Mr. Donahue or 25 percent operating shortfall in funding for three fare will be considered during the 2020 Regular Ses- said a uniform CPA exam is given nationwide and all shelter providers. Th ere is a $14 million annual budget sion. Th e police departments, schools, and non-profi t CPAs from every state are required to take that test. request to meet the requirements of KRS 199.641. organizations must work to close the gap in the chain He said it is not implicated in any new language to Ms. Sanborn stated that the strengths of this rate of reporting abuse procedures. KYA suggests putting change the exam. methodology include a more equitable payment sys- policy recommendations and reasonable standards Responding to a question from Representative tem, a rational process to determine the rate of pay- into place to protect children from abuse and neglect. Meredith, Mr. Donahue said specifi c Kentucky tax law ment, and utilization of already required tools such as Th e core issues will not resolved until workforce is- training would be administered through continuing the time study and cost report. Th e weaknesses of the sues within CHFS are addressed. Th e coroner system education credits on a bi-annual basis. Th is knowl- rate methodology include that the median level of care in Kentucky also needs reform. edge would not be required during the initial CPA is no longer Level III, there is not an even distribution Norma Hatfi eld, a kinship family caregiver, exam taken upon licensure. of levels for residential care, the highest level of pay- shared in a video the beginning of her and her grand- Senator Schickel discussed the meetings and ment usually dictates service delivery within agencies, daughter’s foster care experience. Shannon Moody, times for the remainder of the interim. He noted the and it drives the quality of care to mediocrity. Th is MSSW, CSW, Policy Director, Kentucky Youth Ad- August 25th meeting that he chairs will be solely dedi- rate methodology reduces the reimbursement when vocates, stated that more than 300 grandparents and cated to conversion therapy. a child’s behavior improves, not considering the ser- other relatives have called, emailed, or messaged KYA Th e meeting adjourned at 12:00 p.m. vices needed to achieve and maintain this outcome. every day since 2013, when the moratorium on Kin- Th e rate methodology does not reimburse the actual ship Care went into eff ect. From 2018 to 2019, KYA Child Welfare Oversight and cost of care. Th e recommendation for action is to sup- had 798 grandparents contact KYA to ask about kin- port the funding for the creation of a reimbursement ship care supports. Relatives and close family friends Advisory Committee method and to reimburse providers to cover the cost can be considered fi ctive kin. Placement with a rela- Minutes of care that includes room, board, watchful oversight, tive or fi ctive kin is used as an alternative to foster care November 20, 2019 treatment, and school expenses. She gave an overview when the agency determines that a child can no lon- Call to Order and Roll Call of the diff erent levels of services involved in the child ger remain safely in their home. During calendar year Th e Child Welfare Oversight and Advisory welfare continuum. 2018, there were more than 18,000 children placed in Committee meeting was held on Wednesday, Novem- Ms. Sanborn shared a chart that shows the com- out-of-home care. Research estimates that for every ber 20, 2019, at 1:00 PM, in Room 131 of the Capitol parison of rates in Kentucky and other surrounding six children that go into foster care there are ten chil- Annex. Senator Tom Buford, Chair, called the meeting states, for typical services provided to children placed dren that go into kinship care. Th e number of children to order, and the secretary called the roll. at agencies owned by the Children’s Alliance. In com- in out-of-home care include more than the current Present were: munities such as Louisville, Northern Kentucky, and number of in foster care. Th e Blueprint for Kentucky’s Members: Senator Tom Buford, Co-Chair; Rep- Southern Kentucky, therapists that have a master’s Children recommends that the budget priorities in- resentative David Meade, Co-Chair; Senators Denise degree and a license are going to work across the bor- clude an increase in the amount and availability of the Harper Angel and Whitney Westerfi eld. der of Kentucky. Providers are having trouble fi nding Relative Placement Support Benefi t, for items such as therapists that will provide services in Kentucky be- clothing, bedding, formula, and school supplies. It is

THE KENTUCKY GENERAL ASSEMBLY 21 also recommended that respite care be off ered to kin- ing payroll tax rates and wage bases for covered em- ed programs. Ms. Dearing explained there were delays ship caregivers. Th e basic rate for foster care respite ployees. In addition, OUI is operationally funded in in benefi t payments due to the 13 to 15 day processing services is $21.90 per day. Th e Blueprint for Kentucky’s its entirety by the federal government through the U.S. window, the fi ling of duplicate claims, identity verifi - Children recommends the standardization of kinship Department of Labor and in recent years had been on cation issues, or claim investigations. From the weeks care practices across the Commonwealth, prioritizing a hiring freeze due to budget cuts. Th e OUI budget ending in May 9, 2020 to June 6, 2020, the Department quality and accessibility for caregivers. went from $41 million in 2010 to $25 million in 2018. of Labor published guidance is response to specifi c Other Business Th is resulted in an 18 percent decrease in fi eld per- state requests seeking assistance to administer chang- In response to a question from Senator Buford, sonnel across the state and a 25 percent decrease in es to the UI programs and guidance related to fraud Eric T. Clark, Commissioner, Department for Com- offi ce personnel. In 2017 there was a loss of 29 un- prevention. Initial claims fi led for the week ending munity Based Services, Cabinet for Health and Family employment offi ces and 95 employees. Th ere were no in May 9, 2020 were 69,372 and decreased to 40,733 Services, stated that the topics discussed demonstrate staff members dedicated to in-person unemployment at the week ending in June 6, 2020. During this time the challenges that are before Kentucky. Th e advo- services at the career centers across the state and only the OUI had also increased the number of individuals cates, such as KYA, the Children’s Alliance, and DCBS, 23 staff members in the Adjudications Branch who who could process claims to approximately 40 to 50. are in agreement that there are issues that need to be could adjudicate claims. When COVID-19 hit Ken- Th e federal CARES Act, enacted on March 27, addressed and solutions that need to be created. He tucky, the OUI was in the process of changing the way 2020, established the creation of the Federal Pandem- stated that DCBS and the services that are off ered to it delivered UI customer service through a balanced ic Unemployment Compensation Fund. Th is houses the children and families of Kentucky are dramatically approach that included making overdue technology pandemic unemployment assistance, federal pan- underfunded. A big investment is needed to fund the upgrades to a 20 year old system and increasing phone demic unemployment compensation, and pandemic workforce and services provided by DCBS. DCBS is and in-person services. extended unemployment compensation. Kentucky’s proud of its work in regards to creating a culture of Th e Deputy Secretary specifi cally discussed the federally funded UI Trust Fust was established on safety within the work environment and believes this days aft er the COVID-19 state of emergency from April 7, 2020. To provide security for states’ unem- will contribute to rebuilding the workforce. March 8, 2020 to June 6, 2020. Th ere were a total of ployment insurance trust funds, the CARES Act al- Adjournment 931,807 new claims, some of which were duplicate lows access to zero interest loans and Kentucky was Th ere being no further business, the meeting was claims, with 91.6 percent of eligible claims paid total- approved for $865 million in June. Despite some ob- adjourned at 2:02 PM. ing $2,405,804,385. Th e balance of the state’s UI Trust stacles, adjustments have been made by expanding el- Fund as of June 6, 2020 was $150,716,318, and the fed- igibility, utilizing experienced adjudicators, overhaul- Interim Joint Committee on eral UI balance as of the same date was $1,304,342,415. ing the Kentucky Career Center website, launching In addition to the traditional UI, three new programs communications campaigns, stabilizing the UI Trust Economic Development and have been added through the federal CARES Act, Fund, using Amazon Connect, and making security Workforce Investment some of which a person could be simultaneously el- upgrades. Moving forward, the OUI will be transition- Minutes of the 1st Meeting igible. Th ese programs include pandemic unemploy- ing to the Labor Cabinet and individuals still needing of the 2020 Interim ment assistance, pandemic emergency unemploy- assistance with their claims will be able to request an June 26, 2020 ment compensation, and pandemic unemployment in person appointment. Call to Order and Roll Call compensation. Pandemic unemployment assistance Responding to Co-Chair Danny Carroll, Depu- Th e 1st meeting of the Interim Joint Committee expands eligibility to non-traditional workers such as ty Secretary Benton stated that March 16, 2020 was on Economic Development and Workforce Invest- those that are self-employed or independent contrac- the date that he and his staff were notifi ed that there ment was held on Friday, June 26, 2020, at 9:00 AM, in tors. Pandemic emergency unemployment compensa- would be wide spread closures across the state due to Room 171 of the Capitol Annex. Senator Danny Car- tion expands the duration of benefi ts an additional 13 COVID-19. Th e Cabinet began preparing for what roll, Chair, called the meeting to order, and the secre- weeks, and pandemic unemployment compensation policy, operational, and personnel changes would tary called the roll. allots claimants an additional $600 a week. be necessary, but the Families First Coronavirus Re- Present were: Heather Dearing gave an overview of the time- sponse Act being passed at the end of March gave Members: Senator Danny Carroll, Co-Chair; line of the OUI and the number of claims fi led starting more fl exibility by allowing the addition of outside Representative Russell Webber, Co-Chair; Senators with the week ending in March 7, 2020. Th ere were contractors and the hiring of personnel outside of the Rick Girdler, Denise Harper Angel, Jimmy Higdon, 2,463 initial claims fi led. During the week ending in state merit system. Wil Schroder, Reginald Th omas, and Max Wise; Rep- March 21, 2020, Governor Beshear waived the waiting Addressing a question from Co-Chair Russell resentatives Kim Banta, , John Blanton, week and work search requirements for unemploy- Webber, Deputy Secretary Benton estimated that the Charles Booker, Adam Bowling, R. Travis Brenda, ment, and initial claims fi led had risen to 49,023. Th e $865 million federal loan was applied for and secured McKenzie Cantrell, Daniel Elliott, Chris Freeland, Al following week the Governor announced changes in the fi rst week of June 2020. Answering a follow up, he Gentry, Kathy Hinkle, Th omas Huff , Nima Kulkarni, mass layoff parameters and the expansion of unem- explained that the UI Trust Fund is funded through Savannah Maddox, Jason Petrie, Bart Rowland, Ash- ployment eligibility. Initial claims fi led increased to employer contributions and the schedule of rates was ley Tackett Laferty, and Buddy Wheatley. 113,149 which was partially due to unemployment determined in the late 2000’s by the Unemployment Guests: Deputy Secretary Josh Benton, Educa- eligibility being expanded to non-traditional workers. Insurance Task Force based on the funding level of tion and Workforce Development Cabinet; Heather Th e week ending in March 28 was also the week that the trust fund. Th e rate schedule can be reviewed and Dearing, Director of Legislative Aff airs, Education the General Assembly passed SB 150 and Congress modifi ed by the Cabinet and the General Assembly. and Workforce Development Cabinet; and Secretary passed the CARES Act. By the end of the week end- It has been voiced to the federal delegation that a rate Larry Roberts, Labor Cabinet. ing in April 4, 2020, federal UI payments had begun increase would hinder economic growth. Addressing LRC Staff : Andrew Manno, Chip Smith, and for pandemic unemployment compensation and ini- another question, the Deputy Secretary said that some Sasche Allen. tial claims fi led totaled 117,575. Th e Department of of the UI information for the public had been modi- Unemployment Insurance Update Labor published guidelines for pandemic emergency fi ed online to refl ect new federal guidelines. Secretary An update was given on the Offi ce of Unemploy- unemployment compensation and pandemic unem- Larry Roberts added that the guidelines are published ment Insurance (OUI) in wake of the COVID-19 pan- ployment compensation during the week ending in and posted on the Healthy at Work website. demic. Deputy Secretary Josh Benton explained that April 11, 2020. Th is was also the fi rst week there was Replying to Co-Chair Danny Carroll, Deputy unemployment insurance is a partnership between a slight decrease in initial claims fi led. Th e Cabinet Secretary Benton said that the claims from the month the federal government and the states. Th erefore, made adjustments to the OUI website, continued to of March have been given priority in the claims re- states typically set the parameters of their unemploy- further train staff , and started circulating materials to view and adjudication processes. Addressing a follow ment programs but within federal guidelines includ- the public that off ered more guidance on the expand- up, Ms. Dearing explained that the idea of using LRC

22 2020 Interim LEGISLATIVE RECORD staff to assist with processing claims had been present- Labor Cabinet seeking to utilize more specialized ven- Buddy Wheatley, and Lisa Willner. ed, however, for an individual to process claims they dors that can assist with more detailed and complicat- Guests: Bobby Rogers, Bath County Judge Exec- would have to pass a federal background check to ac- ed issues. utive, Jason York, Bath County Emergency Manage- cess any claims information. Th e Cabinet then began In response to an inquiry from Co-Chair Danny ment Director; Richard Nelson, Executive Director, to work with the LRC’s Constituent Services Offi ce to Carroll, Dorsey Ridley, the Director of the Governor’s Commonwealth Policy Center, Dr. Hershael York, assist with communication with claimants and some Offi ce of Legislative Services, said he would discuss Pastor, Buck Run Baptist Church; Scott Bauries, Law in-person events. the communication that took place between the Gov- Professor, UK Rosenburg College of Law; Rodney Representative Adam Bowling read a letter from ernor’s Offi ce and the Cabinet in regard to business Brewer, Commissioner, Kentucky State Police Ron Mosley, Harlan County Judge Executive, that was closings across the state at a later time. LRC Staff : Jessica Zeh and Elizabeth Hardy addressed to Governor Beshear and others regarding Addressing Co-Chair Carroll, Deputy Secretary Distinguished Guests various issues community members had with unem- Benton said that the General Assembly can assist by Bath County Judge Executive Bobby Rogers and ployment claims. Secretary Roberts said that in person reviewing the rate schedule, especially on small busi- Emergency Management Director Jason York, spoke services had been set up in Frankfort to assist those nesses. He also said that how the public workforce sys- about a tragedy that occurred in Bath County on April still having issues with their claims, and staff would tem works in relation to assistance from the federal 29, 2020. Th ey detailed a search and rescue operation also be providing in person services in Ashland and government should also be reconsidered. Secretary of an Amish family whose horse and carriage were Owensboro. Th ere are approximately 101 claims facil- Roberts added that the Labor Cabinet will make an swept off a bridge during a rainstorm and fi ve children itators that are able to process claims and determine even greater eff ort to off er more in person appoint- were missing. Aft er an exhaustive search spanning appropriate action. Governor Beshear has directed the ments, get information out to the public more effi - several days, each of the fi ve children were recovered Cabinet to negotiate with an outside vendor to facili- ciently, and reach out to local offi cials throughout the deceased. Jason York went on to discuss how import- tate and process current and backlogged claims. state for help. ant emergency response teams are and how grateful Answering questions from Co-Chair Carroll, Answering questions from Representative Nima he was that his fi rst responders, the Kentucky National Secretary Roberts said transitioning the OUI from the Kulkarni, Deputy Secretary Benton said it would take Guard, and members of the community that came to- Education and Workforce Development Cabinet to a person four to six months of training to gain the op- gether to search for the children. the Labor Cabinet would allow for a new perspective erational knowledge to process and adjudicate claims Commonwealth Policy Center during this time, but the Labor Cabinet would contin- due partially to the age of the system. Secretary Rob- Richard Nelson, Executive Director of the Com- ue to work closely with the current staff . Deputy Sec- erts added that there are similarities between states monwealth Policy Center, described how the policies retary Benton added that an outside vendor was not due to unemployment insurance being a federal pro- put in place because of COVID-19 aff ected churches contracted sooner, because suitable vendors were not gram, but the individuals with the outside vendor will in Kentucky. Early on, churches were directed to lis- available. need to be trained on various things that are unique to ten to government policy and as a result most closed Responding to Representative Charles Booker, Kentucky. In response to a follow up question, Secre- in-person services. Th roughout the quarantine peri- Deputy Secretary Benton explained that the Edu- tary Roberts said that Jeff erson County may have an od, he felt that churches were disregarded as they were cation and Workforce Development Cabinet, Labor in person site available in future but not at this time. not deemed an essential service while businesses like Cabinet, and the General Assembly should work to- Replying to Senator Jimmy Higdon, the Deputy grocery stores, liquor stores, and abortion clinics were gether to fi nds ways to leverage state resources to pro- Secretary stated that about one third of the claims are considered essential services. vide stability and avoid being so dependent on federal from those not typically covered by UI. Th e payment Director Nelson noted that in the United States funding. of those claims comes from money received by the Constitution and the Constitution of the Common- Addressing Co-Chair Carroll, Secretary Rob- federal government and not from the state trust fund. wealth of Kentucky, religious freedom is guaranteed. erts said in person services in Ashland and Owens- Co-Chair Danny Carroll indicated the commit- For many, attending in-person services is a vital part boro would be available June 29, 2020 and June 30, tee will pick back up with this issue at the July meeting. of their Christian faith. Examples of government over- 2020. Somerset and Hopkinsville are two other cities Th ere being no further business, the meeting ad- reach include April 9, 2020, the mayor of Louisville, that may have in person services available in the com- journed at 10:42 a.m. Greg Fischer, announced that churches were not al- ing weeks, as well as a central location in Northern lowed to have drive-in services while at the same time Kentucky. Replying to a follow up question, Deputy Interim Joint Committee on drive thrus at restaurants and liquor stores remained Secretary Benton said he was involved in discussions open. On April 10, 2020 Governor Beshear direct- with the Governor’s Offi ce regarding waiving the wait- Veterans, Military Aff airs, and ed Kentucky State Police take down license plates of ing week but was not consulted about the schedule of Public Protection citizens who attended an in-person service at a Bul- closings throughout the state. Minutes of the 1st Meeting litt County church, who were then given notices to Replying to Representative Buddy Wheatley, of the 2020 Interim self-quarantine by the Health Department.* Accord- Deputy Secretary Benton said that an individual June 30, 2020 ing to a Pew Forum, Kentucky was one of 10 states should generally apply for unemployment benefi ts in Call to Order and Roll Call that banned in-person church services. Many Chris- the state in which they work, but there are certain sit- Th e 1st meeting of the Interim Joint Committee tians believe that the church provides spiritual care uations when people receive benefi ts from more than on Veterans, Military Aff airs, and Public Protection in a time need, which deems them essential. In 2013, one state. Answering a follow up question, Secretary was held on Tuesday, June 30, 2020, at 1:00 PM, in Kentucky passed the Religious Freedom Restoration Roberts said that the in person services will be by ap- Room 171 of the Capitol Annex. Representative Walk- Act stating that the government shall not burden a pointment to avoid long wait times that were experi- er Th omas, Chair, called the meeting to order, and the person’s freedom of religion, and Director Nelson feels enced previously. secretary called the roll. that this Act was violated amidst the pandemic. Responding to Representative Savannah Mad- Present were: Dr. Hershael York, Pastor of Buck Run Baptist dox, Deputy Secretary Benton explained the number Members: Representative Walker Th omas, Co- Church, testifi ed that most churches have been com- of eligible claims was around 560,000. Ninety-one Chair; Senators C.B. Embry Jr., Denise Harper Angel, pliant and go the extra step to protect church mem- percent of those claims have been paid. Th ere still are Jimmy Higdon, Stan Humphries, Dennis Parrett, Wil bers. Churches were not included in the discussion claims that have not yet been adjudicated. Answering Schroder, Brandon Smith, Whitney Westerfi eld, Mike when policies were put into place. Dr. York also stated a follow up question, Deputy Secretary Benton said Wilson, and Max Wise; Representatives John Blan- that they would like to see the same rules apply to ev- that tier one call center contracts were not renewed ton, Myron Dossett, Jim DuPlessis, Chris Fugate, Al eryone including churches, grocery stores, and restau- at the end of May, because most of those individuals Gentry, Mark Hart, Samara Heavrin, Kathy Hinkle, rants. were just the initial point of contact and were not able Matthew Koch, Scott Lewis, C. Ed Massey, Patti Mint- Representative Blanton commented on the sub- to process or adjudicate claims. Th is is what led to the er, Rob Rothenburger, Dean Schamore, Attica Scott, ject stating that church goers were more afraid of being

THE KENTUCKY GENERAL ASSEMBLY 23 ostracized and criticized by the media and Governor the court ruled in favor of the church sacrifi cing ani- sponse to another question, he stated that during Beshear than COVID-19. He went on to say that the mals, because the law was determined to be directly demonstrations there is no sniper on top of the capitol media has inconsistent reporting of COVID-19 cases interfering with that religion by prohibiting ritualis- or annex building, but a trooper is placed at higher when it comes to church members versus protesters. tic animal sacrifi ces. Animals were still allowed to elevations during such events to ensure the safety of In response to Representative Wheatley’s ques- be euthanized in animal shelters or hunted for sport. protesters and others. tion, Richard Nelson stated that he did not have a hard Many of the religious interference cases that have been In response to Senator Harper Angel’s question, copy of the notice that was left on cars. He repeated heard in the Kentucky courts so far have determined Commissioner Brewer explained that Kentucky State that the court reported that “attendance is criminal.” that some of the restrictions in place directly interfere Police Crime Lab does not handle COVID-19 testing Senator Westerfi eld agreed with Pastor York in with religious freedoms. For example while churches and has had no eff ect on how rape kits are processed. that there are many inconsistencies in policies placed are not allowed to congregate, gathering in places like KSP did stop intake of rape kits from local police for during the COVID-19 pandemic. He went on to say home improvement stores and grocery stores were several weeks but did accept mail-in kits. that whether it was on purpose or not, religious free- still allowed. In response to Representative Hart, the Commis- dom was being targeted. In response to Representative Gentry, Professor sioner explained that all counties should be open for In response to Representative Dossett’s ques- Bauries stated that in an application for injunctive driver’s license testing, but there are limited hours de- tion, Pastor York commented that the vast majority relief in the South Bay United Pentecostal Church vs pending on the clerk’s offi ce. of churches are communicating guidelines with their Governor Gavin Newsom case was denied because In response to Senator Higdon’s question, he ex- congregations, having online seminars, and putting Chief Justice Roberts stated that the Governor’s orders plained that trooper numbers are still low by about social distancing in place during church services. were not specifi cally targeted at churches but other 240 people. Representative Hart commented that he was places of business also had to limit the amount of peo- Th e meeting was adjourned. sympathetic with the Kentucky State Police because ple or close entirely. Governor Beshear had put them in the middle of en- Representative Minter commented on Chief Jus- Interim Joint Committee on forcing social distancing guidelines. He stated that tice Roberts decision in the South Bay United Pente- troopers should not have been put in the position to costal Church vs Governor Gavin Newsom injunction Appropriations and Revenue violate constitutional rights. and stated that it seems that his opinion is that the free Budget Review Subcommittee on Senator Wilson stated that he spoke to sever- exercise clause would not apply in this particular sit- General Government, al medical professionals that said there is a primary uation because many places are being restricted, not Finance, Personnel, and Public cause of death, and then there are contributing fac- just places of worship. Professor Bauries responded tors that are listed on a death certifi cate. He went on to by saying that while Chief Justice Robert’s comment Retirement say that he would like to know how many people have should not be ignored, there is a possibility that not all Minutes of the 1st Meeting died from COVID-19 as the primary cause of death facts are present since it is not a fully developed case. of the 2020 Interim versus the amount of people died with COVID-19 list- In response to Senator Higdon, Professor Bauries July 8, 2020 ed as a contributing factor. said that he was not exactly sure if there was a pattern Call to Order and Roll Call *A copy of the notice placed on vehicles by Ken- when it comes to states declaring churches essential or Th e fi rst meeting of the Budget Review Subcom- tucky State Police and a letter of response from Gov- nonessential but said that most states in the northeast mittee on General Government, Finance, Personnel, ernor Beshear’s offi ce can be found in the meeting determined that churches were a nonessential service. and Public Retirement of the Interim Joint Committee materials online. Kentucky State Police on Appropriations and Revenue was held on Wednes- UK Rosenburg College of Law Commissioner Rodney Brewer of the Kentucky day, July 8, 2020, at 9:00 AM, in Room 171 of the Scott Bauries, Law Professor at UK Rosenburg State Police (KSP) wanted to explain misconceptions Capitol Annex. Senator Robby Mills, Chair, called the College of Law, stated that the fi rst amendment is about KSP and churches during the pandemic. No meeting to order, and the secretary called the roll. broken into two sections: the establishment clause churches were closed at any time and there was no en- Present were: which forbids government from passing a law that forcement action taken at any church. Handouts were Members: Senator Robby Mills, Co-Chair and has the purpose of favoring or disfavoring a religion only given out at two churches that he was aware of, Representative Jim Stewart III, Co-Chair; Senators Ju- and the free exercise clause which allows individuals and the notice included the dangers of COVID-19 and lie Raque Adams, Christian McDaniel, Dennis Parrett, and churches to worship as they please. Th e Kentucky why social distancing is important. Th e only mention Reginald Th omas, and Phillip Wheeler; Representa- Freedom Restoration Act was passed in 2013 which of criminal violation on the handouts states that a vi- tives Kevin D. Bratcher, Jim Gooch Jr., Joe Graviss, also prohibits the government from interfering with olation of Chapter 39 could be considered as a class A Mark Hart, Adam Koenig, Michael Meredith, Suzanne religious practices. Some claims, such as notices on misdemeanor. Commissioner Brewer also explained Miles, Jerry T. Miller, Patti Minter, Phillip Pratt, and vehicles of people that attended in-person and police that along with churches, over 800 retail sites were Nancy Tate. cars parked at church entrances could be seen as a visited by KSP for not following health guidelines. Guests: Rodney Brewer, Commissioner, Ken- confl ict with the Freedom Restoration Act. Professor From the beginning of the pandemic, troopers were tucky State Police (KSP), Justice and Public Safety Bauries went on to say that there are conditions un- not there in an enforcement capacity but in an infor- Cabinet; Major Jamie Heller, KSP; Lt. Jason Palmer, der the Kentucky Freedom Restoration Act that allows mational capacity. KSP; and, Sam Ruth, Commissioner, Department of government interference if there was a substantial in- Representative Fugate commented that he felt Facilities and Support Services, Finance and Admin- terest in placing restrictions, but they must prove that that churches were under attack by Governor Beshear istration Cabinet. the restriction put in place is the least restrictive as and his leadership, because they were not considered LRC Staff : Emma Mills, Liz Columbia, and possible. essential. He went on to say that churches continue to Spring Emerson. Professor Bauries described a Supreme Court uphold guidelines put in place and should not be dis- Capitol Campus Security case, Employment Division vs. Smith, in which two criminated against. Commissioner Brewer provided an overview Native Americans were fi red from a job and could In response to Representative Gentry, Com- and update on Capitol Campus security. not receive unemployment benefi ts, because they in- missioner Brewer stated that as for as he is aware the In response to a question from Representative gested peyote as part of a religious ceremony, an ille- phrase “Attendance is criminal” was not on handouts Bratcher regarding the role of the KSP in the recent gal substance in the US. Th e court rejected the claim that were placed on vehicles. riot activity in Louisville and Jeff erson County, Com- stating that as long as a religion is not being targeted In response to Senator Westerfi eld’s question, missioner Brewer said the KSP was in the vicinity of specifi cally, there can be no claim exemption from the Commissioner Brewer stated there were other non-re- the central downtown area for eight days, with an neutral law. However in another Supreme Court case, ligious gatherings that KSP were called to investigate average of 100 troopers involved per night, from ap- Church of the Lukumi Babalu Aye vs City of Haileah, for not following social distancing guidelines. In re- proximately 4:00 PM to 3:00 AM. Th e presence of KSP troopers was welcomed as a supplement to the Louis-

24 2020 Interim LEGISLATIVE RECORD ville Police Department. Th e KSP also responded to garding the schedule for the Capitol Building to be as well as Kentucky Executive Mansions Foundation, disruptive crowd issues in Jeff erson County, but for open to the public, Commissioner Brewer said the Inc. (KEMFI) funds for certain types of improve- the most part, the presence of KSP was located in the hours are currently limited due to the pandemic. Lt. ments. downtown area. Palmer added that the FAC Facilities Security Branch In response to a question from Chair Mills re- In response to a question from Representative operates the doors and the normal hours are 8:00 AM garding the functions of the Capitol Education Center Tate regarding security assessments for property dam- to 5:00 PM, by appointment only; however, the Capi- (CEC) building, Commissioner Ruth said the origi- age during protests, Commissioner Brewer said Se- tol is currently closed to the public due to COVID-19. nal concept was to use it as a place for school tours cret Service overall assessments of Campus security In response to a question from Chair Mills re- to congregate when they are visiting the Capitol, and vulnerabilities and their protocols are performed on garding the order to block the street leading to and includes interactive educational displays. a regular basis every several years; however, the last from the Capitol Campus, as well as the Campus shut- Chair Mills echoed the sentiments of Represen- time it was done was over ten years ago. KSP can make down on June 25, 2020 for a large protest group, Com- tative Graviss and expressed his gratitude and appre- security suggestions and provide assessments to the missioner Brewer said street closure was based on the ciation for Commissioner Ruth and his staff for all the Finance and Administration Cabinet (FAC), but the size of groups, the possibility of vehicles driving into work they do. FAC has the fi nal say whether they are approved or crowds, provision for access for emergency medical Adjournment if funding is required. An assessment of the Capitol personnel, and other public safety issues. Th e KSP Th ere being no further business before the sub- Building performed recently by the Offi ce of State Fire did not make the call to close the Campus on June 25, committee, the meeting was adjourned at 10:22 AM. Marshal indicated that there should not be more than 2020. Th at decision was made by the agencies occu- 1,500 visitors inside at any given time. With social dis- pying the Campus, due to the sizeable crowd that was Interim Joint Committee on tancing guidelines in place due to the COVID-19 pan- expected. demic, the maximum number is approximately 800. In response to a question from Chair Mills Appropriations and Revenue In response to a question from Senator McDan- concerning the possibility of damage to the Campus Budget Review Subcommittee on iel regarding the timely entry of guests to the Capitol during large group protests and subsequent law en- Transportation Annex building and the plan to improve for the next forcement, Commissioner Brewer said KSP is pre- Minutes of the 2nd Meeting General Assembly, Lt. Palmer said there were some pared to enforce the law and arrest violators if nec- of the 2020 Interim delays last year due to the new electronic system, and essary. July 8, 2020 opening additional entries as well as other methods to Capitol Campus Upgrades and Maintenance Call to Order and Roll Call scan in visitors in a timely manner helped to alleviate Commissioner Ruth provided an overview and Th e second meeting of the Budget Review Sub- that issue. update on Capitol Campus upgrades and mainte- committee on Transportation of the Interim Joint In response to a comment from Senator McDan- nance. Committee on Appropriations and Revenue was held iel regarding the use of pre-printed badges through In response to a question from Chair Mills re- on Wednesday, July 8, 2020, at 10:30 AM, in Room 154 online registrations, Commissioner Brewer said that garding parking garage repairs and maintenance, of the Capitol Annex. Senator Jimmy Higdon, Chair, option would be considered. Commissioner Ruth said the garage was built in 1975, called the meeting to order, and the secretary called In response to a question from Representative and improvements are necessary. Th e fi nal phase of the roll. Graviss regarding the response time of KSP to a recent the current improvement project should be complete Present were: protest incident in which the likeness of the Gover- by August 2020. Members: Senator Jimmy Higdon, Co-Chair; nor was displayed in a hanging effi gy, Commissioner In response to a question from Representative Representative Sal Santoro, Co-Chair; Senators Den- Brewer said he was not satisfi ed with their response Hart regarding the removal of the Jeff erson Davis stat- nis Parrett, Robin L. Webb, and Max Wise; Represen- time; however, the incident is being used as a learning ue, Commissioner Ruth said the deadline to remove tatives Chris Fugate, Chris Harris, Samara Heavrin, experience and will not happen again. the statue resulted in an expedient movement to fi nd Th omas Huff , Bart Rowland, John Sims Jr, and Ken In response to a question from Representative a contractor with a specifi c skillset who could meet Upchurch. Miller regarding drivers testing in Jeff erson County, the schedule, and it was not related to any campaign Guests: Megan McLain, Innovative Finance Commissioner Brewer said that is now active again contributions that he is aware of. Manager, Department of Highways, KYTC; Sarah and they are working with the county clerks to speed In response to a question from Representative Jackson, Special Assistant, Department of Vehicle up the process by giving fi rst consideration to appli- Pratt regarding the deadline for the removal of the Regulation, KYTC; Robin Brewer, Executive Direc- cants who had appointments delayed due to the pan- Jeff erson Davis statue, Commissioner Ruth said the tor, Offi ce of Budget and Fiscal Management, KYTC; demic. decision came from the Governor’s offi ce. and, Jon Wilcoxson, Assistant State Highway Engineer In response to a question from Representative In response to a question from Senator Th omas for Project Delivery and Preservation, Department of Miles regarding the guidelines for social distancing regarding the vote by the Commission on Historical Highways, KYTC. during peaceful protests versus limited gatherings, Properties to remove the Jeff erson Davis statue, Com- LRC Staff : David Talley and Spring Emerson. Commissioner Brewer said it depends on the group missioner Ruth said although he was not present at the Approval of Minutes involved, whether masks are being worn and social meeting, the vote was eleven to one in favor of remov- A motion was made by Co-Chair Santoro to ap- distancing is being practiced. Th ere is no limit to the al, and the statue was removed over the weekend in prove the minutes of the June 3, 2020 meeting. Th e number of participants of protests, but there is a limit order to eliminate disruption of the work week. motion was seconded by Representative Fugate, and of 50 for private gatherings. Social distancing and the Representative Graviss thanked Commissioner the minutes were approved without objection. use of personal protective equipment are fi rmly en- Ruth and his staff for the work they perform in and Louisville Bridges couraged; however, that is not always successful, and around the Capitol Campus. Commissioner Ruth ex- Megan McLain attempted to provide an update there is no formal guidance on the current rules. pressed his appreciation for his staff and their perfor- of the Louisville-Southern Indiana Ohio River Bridges Senator Th omas expressed his appreciation for mance of extra duties related to the pandemic. (LSIORB) project, but there were technical diffi culties the outstanding professionalism of KSP personnel. In Representative Hart expressed his concern for with the audio connection. She will instead provide response to a question from Senator Th omas regard- the public perception that perhaps the decision to re- that information at the next subcommittee meeting. ing the use of strict crowd control measures in the move the statue was made before the vote was taken. REAL ID presence of high-powered weaponry on the Capitol In response to a question from Chair Mills re- Sarah Jackson and Robin Brewer provided an Campus, Commissioner Brewer said that under the garding funding of rehabilitation and modernization update of the REAL ID licensing program. current statute relating to open-carry, there are certain of the Governor’s mansion, Commissioner Ruth said In response to questions from Chair Higdon restrictions and safeguards in place. some of the work had been performed using normal regarding regional offi ces and their capabilities, Ms. In response to a question from Chair Mills re- maintenance funds included within the FAC budget,

THE KENTUCKY GENERAL ASSEMBLY 25 Jackson said currently the main focus is issuing driv- made by Representative Lee to defer the contract to BOARD OF LICENSURE FOR NURSING ers licenses and photo identifi cation cards rather than the July meeting of the committee. Representative HOME ADMINISTRATORS the REAL ID. Barring further closure issues due to the Hart seconded the motion, which passed. Marisa Neal, 2000003014. pandemic, the goal is to try to have 18 regional offi ces BOARD OF OPHTHALMIC DISPENSERS operational by next year. MAY DEFERRED ITEM: Marisa Neal, 2000003016. MEDICAID SERVICES BENEFITS BOARD OF REGISTRATION FOR PROFES- In response to a question from Chair Higdon re- Kentucky Transportation Cabinet, 2000001547. SIONAL GEOLOGISTS garding the cost of the 18 regional offi ces, Ms. Brewer Tom Stratton and Lisa Lee discussed the contract with Marisa Neal, 2000002320. said the current budget includes around $15 million the committee. A motion was by Representative Hart BOARD OF SPEECH PATHOLOGY AND AU- for REAL ID, with an additional $3 million for other to consider the contract as reviewed. Senator Wheeler DIOLOGY necessary and related responsibilities. seconded the motion, which passed with Representa- Marisa Neal, 2000002996. In response to a question from Chair Higdon tive Lee voting no. BOARD OF VETERINARY EXAMINERS regarding mobile units visiting various counties, Ms. A motion was made by Representative Fugate to Maryjane Wixsom, 2000003007; Coy Ray St. Jackson said legislation requires a certain number of consider as reviewed the Personal Service Contract Clair, Jr., 2000003008; C. Loran Wagoner, 2000003134. visits per year based on county populations. Th ere are List, with exception of those items selected for further CHFS - DEPARTMENT FOR AGING AND IN- currently eight mobile units, and more can be added review by members of the committee. Representative DEPENDENT LIVING if necessary. Lee seconded the motion, which passed without ob- Center for Comprehensive Services, Inc., In response to a question from Chair Higdon re- jection. 2000001456; Neurobehavioral Resources LTD, garding the acquisition of license renewals online, Ms. A motion was made by Representative Fugate to 2000001589. Jackson said they are currently working with vendors consider as reviewed the Personal Service Contract CHFS - OFFICE OF THE SECRETARY on that issue. Amendment List, with exception of those items se- Fred DeRosset, 2000002260. Highway Maintenance lected for further review by members of the commit- COUNCIL ON POSTSECONDARY EDUCA- Jon Wilcoxson provided testimony regarding tee. Representative Lee seconded the motion, which TION Highway Maintenance and their eff orts to reduce ex- passed without objection. Blue & Company LLC, 2000002938. penditures. A motion was made by Representative Fugate to DEPARTMENT FOR ENVIRONMENTAL In response to a question from Chair Higdon consider as reviewed the Memoranda of Agreement PROTECTION regarding the purchase of salt for winter roads, Mr. List, with exception of those items selected for further Dr. Ted Pass II, 2000001985; Kentucky Rural Wilcoxson said about $27 million was spent last win- review by members of the committee. Representative Water Association, 2000002671. ter for salt, which is low due to the mild winter. Th e Lee seconded the motion, which passed without ob- DEPARTMENT FOR INCOME SUPPORT average cost would be around $44 million. Contract jection. DYF Consulting, Inc., 2000001026; Visions costs are incurred regardless if it snows or not, and ap- A motion was made by Representative Fugate to Group 2020, LLC, 2000001068; Kay Barnfi eld Psy. D., proximately $12.7 million was spent in contract costs consider as reviewed the Memoranda of Agreement PSC, 2000001118; Bornstein Psychological Services, last year. Amendment List, with exception of those items se- Inc., 2000001125; Jane F. Brake, 2000001127; Bru- Adjournment lected for further review by members of the commit- ening & Associates, 2000001129; Robert Culbertson Th ere being no further business before the sub- tee. Representative Lee seconded the motion, which MD, 2000001130; Laura Cutler, 2000001132; Anna committee, the meeting was adjourned at 11:07 AM. passed without objection. L. Demaree PhD, 2000001134; Paul Anthony Ebben, A motion was made by Representative Fugate to 2000001136; Larry Freudenberger, 2000001142; To- Government Contract Review consider as reviewed the Film Tax Incentive List, with nya R. Gonzalez, 2000001148; Dr. Timothy Gregg, exception of those items selected for further review by 2000001154; Alexis M. Guerrero, MD, 2000001156; Committee members of the committee. Representative Lee sec- Ms. Julie B. Jones, 2000001160; Stephen Kavka, Committee Minutes onded the motion, which passed without objection. 2000001161; Rebecca B. Luking, 2000001163; True June 9, 2020 A motion was made by Representative Fugate to North Counseling & Development, 2000001165; Sud- Call to Order and Roll Call consider as reviewed the Correction List. Representa- hideb Mukherjee MD, 2000001170; Lea J. Perritt Ph Th e Government Contract Review Committee tive Lee seconded the motion, which passed without D, 2000001182; G. Stephen Perry Edd, 2000001183; met on Tuesday, June 9, 2020, at 10:00 AM, in Room objection. John M. Reed, MD, 2000001185; Clarissa Renee 171 of the Capitol Annex. Senator Stephen Meredith, A motion was made by Representative Fugate to Roan-Belle, 2000001187; Parandhamulu Saranga, Chair, called the meeting to order, and the secretary consider as reviewed the Addition List. Representative MD, 2000001188; Ilze A. Sillers PhD, 2000001197; called the roll. Lee seconded the motion, which passed without ob- Danelle Stevens-Watkins PhD, PLLC, 2000001203; Present were: jection. Vandivier and Associates PSC, 2000001209; Vandivier Members: Senator Stephen Meredith, Co-Chair; THE FOLLOWING PERSONAL SERVICE and Associates PSC (Dan K. Vandivier), 2000001211; Representative Stan Lee, Co-Chair; Senators Julian M. CONTRACTS WERE REVIEWED WITHOUT OB- Brandee Denise Wimberly, 2000001213; Marina T. Carroll, and Phillip Wheeler; Representatives Chris JECTION: Yarbro, 2000001214; Malissa Mollett, 2000001881. Fugate and Mark Hart. BEHAVIORAL HEALTH, DEVELOPMENTAL DEPARTMENT FOR PUBLIC HEALTH Guests: Tom Stratton, Lisa Lee, Charlie Harmon & INTELLECTUAL DISABILITIES Market Decisions, LLC, 2000002886. (Teleconference), Donna Duncan (Teleconference), Assisteddiningsolutions, LLC, 1800002128-1; DEPARTMENT FOR WORKFORCE INVEST- Th elma Hawkins (Teleconference), Anthony Ellis Med Care Pharmacy, LLC, 2000001592; Pennyrile Ra- MENT (Teleconference), Dr. Steven Stack, Astrud Masterson, diology, 2000002192. Donald L. Chaffi n, 2000001752. Tricia Okeson, and Amy Monroe. BOARD OF DENTISTRY DEPARTMENT OF CORRECTIONS LRC Staff : Kim Eisner, Jarrod Schmidt, and Kim Brian Fingerson RPH, Inc., 2000003311. KPMG, LLP, 2000002808. Smith. BOARD OF EXAMINERS OF PSYCHOLO- DEPARTMENT OF CRIMINAL JUSTICE A motion was made by Representative Lee to ap- GISTS TRAINING prove Minutes of the May 2020, meeting of the com- Melissa F. Hall, 2000002576. Law Enforcement Services, Inc., 2000001359; mittee. Representative Fugate seconded the motion, BOARD OF LICENSING HEARING AID Th in Line Counseling and Consulting, LLC, which passed without objection. DEALERS & FITTERS 2000001869; Woosley Counseling, Inc., 2000001870; DEFERRED ITEM: Mary E. Martins the Word Private Investiga- Jacqueline D. Alexander, 2000001888; Elizabeth WESTERN KENTUCKY UNIVERSITY tions, 2000003018. Messer, 2000002303; Kimberly Henderson Baird, Environment of Care, 202202. A motion was

26 2020 Interim LEGISLATIVE RECORD 2000002304; Allyson Honaker, 2000002305; Barbara Turner, Barker & Maloney, 22-071; CHES Solutions Bruce Kelley, 2000002590; Ronald E. Long, Lindsay Lepage, 2000002421; Baptist Health Medical Group, 22-073. 2000002591; Robert Curtis Mouser, 2000002593; Group, Inc., 2000002949. ECON DEV - OFFICE OF THE SECRETARY Donald L. Perry, 2000002594; Kevin Pickett, DEPARTMENT OF EDUCATION Masamichi Takahashi, 2000002882; Anderson 2000002612; Ronnie R. Reynolds, 2000002620; Jack H. David B. Wicker, 2000002264; Patrick Law Firm, Economic Group, LLC, 2000003259; Hunden Stra- Riley, 2000002622; Millard R. Root III, 2000002625; 2000002269; Dennis L. Pickett, 2000002270; Kimber- tegic Partners, Inc., 2000003260; Blue & Compa- Trevor A. Scott, 2000002675; Samuel O. Shacklette, ly S. Price, 2000002271; Mike Wilson, 2000002273; ny, LLC, 2000003261; Hurt, Deckard & May, PLLC, 2000002677; Todd C. Simon, 2000002679; Harry J. Paul L. Whalen, 2000002274; Susan Gormley Tip- 2000003376; Stoll Keenon Ogden, PLLC, 2000003377; Sowders, 2000002680; Gary Travis, 2000002681; James ton, 2000002275; TCB Consulting, LLC, 2000002277; Stites & Harbison, PLLC, 2000003378; Eva Garland Don Trosper, 2000002687; Steve Walker, 2000002689; CN Resource, LLC, 2000002278; Jennifer R. Stocker, Consulting, LLC, 2000003546; Shaping Our Appala- Henry St. George Carmichael IV, 2000002690; Jon- 2000002279; Joseph Michael Th ieman, 2000002280; chian Region, Inc., 2000003604; Tri-County Econom- athan McChesney, 2000002691; Toney Gene Allen, Mike Wilson, 2000003076; Roland P. Merkel, PSC, ic Development Corporation, 2000003605; Awesome 2000002693; Robert A. Maxwell, 2000002847; Keith 2000003077. Center for Entrepreneurship, Inc., 2000003606; Louis- Baker, 2000002851; Luther Vanhoose, 2000002855; DEPARTMENT OF HIGHWAYS ville Entrepreneurship Acceleration Partnership, Inc., Jason McCowan, 2000002864; Bramlett Joe Burton, Michael Baker International, Inc., 2000003339; 2000003607; Sprocket, Inc., 2000003608. 2000002959; Virgil Rucker, 2000002960; Christopher WSP Usa, Inc., 2000003345; Metro Analytics, LLC, FACILITIES & SUPPORT SERVICES Crockett, 2000002966; Robert Morris, 2000002968; 2000003545. Nomi, Inc., 2000002477; Omni Archi- Ryan Sizemore, 2000003084; Edwin D. Botkin Jr., DEPARTMENT OF INSURANCE tects, 2000002637; Ross Tarrant Architects, Inc., 2000003095; Joseph Clayton Lucas, 2000003096; C & L Black Enterprises LLC, 2000001809; Ac- 2000002652; EOP Architects PSC, 2000003040; Pala- Michael A. Woodrum, 2000003101; Kevin Drew tuarial Resources Corporation, 2000001857; Axams, din, Inc., 2000003342. Flick, 2000003103; James Glenn Reed, 2000003104; LLC, 2000001883; Central Analysis Service, LLC, KENTUCKY EMPLOYERS MUTUAL INSUR- Seth Collin Payne, 2000003120; Jonathan Blevins, 2000001885; Donald D. Bratcher, LLC, 2000001892; ANCE 2000003127; Anthony C. Blakemore, 2000003131; Eldridge Consulting Services LLC, 2000001893; Ametros, 21-AMT-001; Bluegrass ChemDry, Jeff rey L. Jacobs, 2000003132; Steven L. Oliver, Examination Resources, LLC, 2000001894; Finan- 21-BGC-001; Claims Compensation Bureau, LLC, 2000003136; James M. Taylor, 2000003162; Kelly An- cial Analysis Services, LLC, 2000001895; HBM 21-CCB-001; Multi, 21-CLD-001; Conning, Inc., derson, 2000003163; Kevin Rogers, 2000003172; John Consulting Services, LLC, 2000001908; High- 21-CON-001; Dean, Dorton, Allen, Ford, PLLC, 21- Kearns, 2000003173; Paul Doublin, 2000003174; Janet land Clark, LLC, 2000001909; Heather Quinn, DDF-001; Direct Express Delivery, 21-DED-001; L. Barnett, 2000003242. LLC, 2000001913; Lewis & Ellis, Inc., 2000001942; GENEX Services, LLC, 21-GEN-001; ISO Claims KENTUCKY STATE UNIVERSITY Lewis & Ellis, Inc., 2000001943; Madison Con- Partners, Inc., 21-ISO-001; Lexington Financial Cen- Dr. Angela Meshack, 21-03; Dr. Marshall C. sulting Group, Inc., 2000001946; Prometric, LLC, ter, 21-LFC-001; MCM CPA’s and Advisors, LLP, 21- Grigsby, 21-04. 2000001950; PSI Services, LLC, 2000001951; Taylor MCM-001; Milliman, Inc., 21-MIL-001; McCready & KENTUCKY TURNPIKE AUTHORITY & Mulder, Inc., 2000001961; Taylor-Walker Consult- Keene, Inc., A OneAmerica Company, 21-MKI-001; Blue & Company, LLC, 2000002994. ing, LLC, 2000001963; RSC Insurance Brokerage, Inc., Occupational Managed Care Alliance, Inc., 21-OMC- KY COMMUNITY TECHNICAL COLLEGE 2000001964; Vjie, LLC, 2000001965; E&S Regulatory 001; Overland Solutions, Inc., 21-OSI-001; Pharma- SYSTEM Services, LLC, 2000003092. cy Investigators & Consultants, LLC, 21-PIC-001; Center for Occupational Research and Develop- DEPARTMENT OF JUVENILE JUSTICE TEKSystems, Inc., 21-TEK-001; TowerHunter, Inc., ment, 784; Th orn Run Partners, LLC, 786; Sierra-Ce- Paul L. Whalen, 2000001813; Brenda Wilburn, 21-THI-001; Watchpoint, LLC, 21-WCH-001. dar Inc., 787; eBusiness Advantage, Inc., 788; Sum- 2000002396; Brenda Wilburn, 2000002397; Brenda KENTUCKY FISH AND WILDLIFE RE- mit 7 Systems, 789; Franklin Covey Client Sales, 790; Kaye Wilburn, 2000002646; Symphony Diagnostics SOURCES Global Skills Exchange, 792; United States Geospatial Services No1, LLC, 2000003198. Blue & Company, LLC, 2000003204. Intelligence Foundation, 793; Integra Realty Resourc- DEPARTMENT OF MILITARY AFFAIRS KENTUCKY HIGHER EDUCATION STU- es, 800; Bluegrass Valuation Group, LLC, 801; Pres- Th omas P. Pendleton, Jr., 2000003091; Eric F. DENT LOAN CORPORATION ton Pulliams, d/b/a Gold Hill Associates, 802; Myers Gray, 2000003111; Philip Kenneth Miller, 2000003152; Dean Dorton Allen Ford, PLLC, 21-002; Mc- McRae, Inc., 803; Association of Community College Mark E. Demuth, 2000003164; Joe Mario Davis, Glinchey Staff ord, 21-003; Valenti Hanley, PLLC, 21- Trustees, Inc., 804; Hanna Resource Group, LLC, 2000003264. 004; DealVector, Inc., 21-010. 805; Centurion Solutions, LLC, 806; Crowe Horwath, DEPARTMENT OF REVENUE KENTUCKY LOTTERY CORPORATION LLP, 807; Sign Language Network, Inc., 808; Deaf and Billy Whittaker, 2000001700. IGT Global Solutions Corporation f/k/a GTECH Hard of Hearing Interpreter, Referral and Advoca- DEPARTMENT OF VETERANS AFFAIRS Corporation, 21-10-001; Waterfi eld Technologies, cy Services, LLC, 810; Central Kentucky Interpreter Hazard Radiology Associates, 2000001497; 21-10-027; Gaming Laboratories International, LLC, Referral, Inc., 811; Interpreting Services of the Com- Multi, 2000001741; Hargis & Associates, LLC, 21-14-035; IGT Global Solutions Corporation f/k/a monwealth, LLC, 812; Language in Motion, 813; Af- 2000001923; Multi, 2000001986; Envivo Health, LLC, GTECH Corporation, 21-15-001; Goldberg & Simp- fordable Language Services, LLC, 815; Lake Cumber- 2000002144; Envivo Health, LLC, 2000003305. son, 21-16-024-1; Bandy Carroll Hellige, 21-16-044-1; land CDL Training School, Inc., 816; Sturgill, Turner, EASTERN KENTUCKY UNIVERSITY Th e Buntin Group, Inc., 21-16-044-2; Senet Interna- Barker & Moloney, 817; McBrayer, McGinnis, Leslie & Mountain View Veterinary Services, PLLC, tional Corporation, 21-18-032; Kizan Technologies, Kirkland, PLLC, 818; Walther, Gay & Mack, PLC, 819; 22-022; Embanet Compass Knowledge Group, Inc. LLC, 21-19-069; Barker & Herbert Analytical Labora- Bingham, Greenebaum, Doll, PLLC, 820; Scoppechio/ (Division of NSC Pearson Inc.), 22-028; Employee tories, 21-20-015. Ovare Group, 821; AON Consulting, Inc., 822; Com- Network, Inc., 22-031; Cammack Retirement Group, KENTUCKY RETIREMENT SYSTEMS monwealth Economics, 823; Preston Pulliams d/b/a 22-032; Crowe, LLP, 22-042; Element Design, 22-043; Dean Dorton Allen Ford, PLLC, 2000001787. Gold Hill Associates, 824; Th e Superlative Group, Inc., CMTA, Inc., 22-044; AssuredPartners NL, LLC, 22- KENTUCKY STATE FAIR BOARD 825; Johnson Family Chiropractic, 826; Dye Brothers, 054; Kentucky River Foothills, 22-060; Donna K. Mc- Charlotte Mattson Kurtz, 2000002463. 827; Star Educational Programming, LLC, 828; Spine- Graw, 22-061; Mary C. Willoughby, 22-062; Cunning- KENTUCKY STATE POLICE care Chiropractic, 829. ham, Barbee and RoBen, LLC, 22-064; Institute for Chris Collins, 2000002447; Kelley Farris, KY HOUSING CORPORATION Family Development, Inc., 22-065; Commonwealth 2000002448; Anthony Gatson, 2000002528; Kevin B. Multi, 2021-14-41; 43-48; McBrayer, McGinnis, Th eater Center, 22-066; Seven Counties Services, Inc. Guier, 2000002529; Billy P. Hall, 2000002571; Michael Leslie & Kirkland, PLLC, 2021-42. (formerly Centerstone of Kentucky), 22-067; Green Hatler, 2000002577; Isaiah Hill, 2000002578; Darrell KY INFRASTRUCTURE AUTHORITY River Area Development District, 22-068; Sturgill, Hutchison, 2000002580; Dwayne Ison, 2000002588; Dean Dorton Allen Ford, PLLC, 2000002461.

THE KENTUCKY GENERAL ASSEMBLY 27 LEGISLATIVE RESEARCH COMMISSION Group, K21-102; Trinity Consultants, K21-103; Oak DEPARTMENT OF JUVENILE JUSTICE Kristin Putnam, 20/21-03; Ransdell Roach & Ridge Associated Universities, Inc. (ORAU), K21-104; Shannon Smith-Stephens, 1800002109; Scot- Royse, PLLC, 20/21-30; Stoll Keenon Ogden, PLLC, Sign Language Network of KY, K21-105; Fund Evalua- ty D. Combs, 1900000139; Norman G. Hoff mann, 20/21-36; Stoll Keenon Ogden, PLLC, 20/21-40. tion Group, K21-106; Apax Soft ware, K21-107; Strand 2000000752. MILITARY AFFAIRS COMMISSION Associates, Inc., K21-108; NEPCON, LLC, K21-109; DEPARTMENT OF VETERANS AFFAIRS Strategy Ninja Group, LLC, 2000002464; Kratzer Cornerstone Government Aff airs, K21-110; Suzanne Multi, 1900002168. Consulting, LLC, 2000002465; Public Private Solu- Oldham Consulting, Inc., K21-111; Th e Stelter Com- FACILITIES & SUPPORT SERVICES tions Group, 2000002933. pany, K21-112. Clotfelter Samokar, PSC, 1500000669; Kohrs MOREHEAD STATE UNIVERSITY UNIVERSITY OF LOUISVILLE Lonnemann Heil Engineers, PSC, 1600000312; Sus- Dean Dorton Allen Ford, PLLC, 21-001. Ignew LLC d/b/a Slingshot, 21-001; McCarthy tainable Streams, LLC, 1800001506; Stantec Con- MURRAY STATE UNIVERSITY Strategic Solutions, 21-002. sulting Services, Inc., 1800002120; Omni Architects, Capitol Solutions, 011-21. WESTERN KENTUCKY UNIVERSITY 1900003527; Synterra Corporation, 1900003709. NORTHERN KENTUCKY UNIVERSITY Multi, 202003; Multi, 202101; Sodexo Manage- KY PUBLIC SERVICE COMMISSION Commonwealth Economic Partners, 2021-108; ment Inc., 202102; RAPT DEV, 202103; Th e Scorer’s Browne Bortz & Coddington, Inc., 1800002362; Th e Segal Company, Inc., 2021-109; Academic Part- Table, 202104; Multi, 202105. Harvey Economics Company, 1800002363. nerships, 2021-110. THE FOLLOWING PERSONAL SERVICE MURRAY STATE UNIVERSITY OCCUPATIONS AND PROFESSIONS AMENDMENTS WERE REVIEWED WITHOUT Deaf and Hard of Hearing Interpreter, Referral PSI Services, LLC, 2000001993. OBJECTION: & Advocacy Services, LLC, 014-20; Robert W. Baird & OFFICE OF HOMELAND SECURITY ADMINISTRATIVE OFFICE OF THE COURTS Company, Inc., 023-20. MCP Acquisition Corporation, 2000003088. Tad Th omas, 1600003867; Adams Stepner TRANSPORTATION - OFFICE OF THE SEC- OFFICE OF INSPECTOR GENERAL Woltermann and Dusing, 1600003912; Stoll Keenon RETARY Healthcare Management Solutions, LLC, Ogden, PLLC, 1700002948; Sturgill, Turner, Barker & Wyatt Tarrant and Combs, 1800001356; Fox 2000001512. Moloney, PLLC, 1900004748; Greenebaum Doll and Wood and Estill, 1900004021; McMurry and Living- OFFICE OF THE CONTROLLER McDonald, 2000001336; Dentons Bingham Greene- ston, 1900004030. Arbitrage Compliance Specialists, Inc., baum, LLP, 2000002202. UNIVERSITY OF KENTUCKY 2000003003; American Municipal Tax-Exempt Com- BEHAVIORAL HEALTH, DEVELOPMENTAL GBBN, A171200; Murphy Group Architects, pliance Corporation, 2000003049. & INTELLECTUAL DISABILITIES A181140; CMTA, Inc., A201090. PERSONNEL - OFFICE OF THE SECRETARY Dietary Consultants, Inc., 1800002128. WESTERN KENTUCKY UNIVERSITY McBrayer PLLC, 2000001804; Cannon Cochran BOARD OF EXAMINERS OF SOCIAL WORK Multi, 182014. Management Services, Inc., 2000001928. Johnson Bearse, LLP, 1900003603. THE FOLLOWING MEMORANDA OF TRANSPORTATION - OFFICE OF THE SEC- DEPARTMENT FOR NATURAL RESOURCES AGREEMENTS WERE REVIEWED WITHOUT OB- RETARY Tichenor and Associates, 1900003275. JECTION: Wyatt Tarrant and Combs, 2000001718; DEPARTMENT OF CORRECTIONS ADMINISTRATIVE OFFICE OF THE COURTS Riverlands Marine Surveyors and Consultants, McBrayer, PLLC, 2000001255. Cumberland River Behavioral Health, Inc., Inc., 2000002252; PFM Financial Advisors, LLC, DEPARTMENT OF HIGHWAYS 2000003521; Kentucky River Community Care, Inc., 2000002312; Blue & Company LLC, 2000002315; As- GRW Engineers Inc., 0600002125; H.W. Loch- 2000003523; Lifeskills, Inc., 2000003524; Mountain sured Nl Insurance Services, Inc., 2000002362; Ken- ner Consulting, Inc., 0700006607; Palmer Engineer- Comprehensive Care Center, 2000003525; Green Riv- tucky Training, LLC, 2000002368; Appco Appraisal ing Company, 1100001520; Palmer Engineering er Regional MHMR Board, Inc., 2000003530; Transi- Service, Inc., 2000002532; Baumgardner and Asso- Company, 1200000457; Stantec Consulting Services, tions, Inc., 2000003531; New Vista of the Bluegrass, ciates, PSC, 2000002533; Bluegrass Valuation Group, Inc., 1200002239; URS Corporation, 1200002258; Inc., 2000003532. LLC, 2000002535; Bluegrass Valuation Group, LLC, Strand Associates, Inc., 1300000192; Stantec Con- BEHAVIORAL HEALTH, DEVELOPMENTAL 2000002537; Dale Crump, 2000002539; Darin Size- sulting Services, Inc., 1300001683; HDR Engi- & INTELLECTUAL DISABILITIES more, 2000002540; Dixon Nunnery, 2000002543; Gary neering, Inc., 1300001736; GRW Engineers, Inc., Pennyroyal Regional Mental Health Mental Re- Endicott, 2000002545; Intequal, Inc., 2000002546; J. 1300002177; EA Partners, PLC, 1300002466; HMB tardation Board, 2000001493; Kentucky Adminis- Michael Jones and Associates, 2000002548; John Dan- Professional Engineers, Inc., 1300002470; URS Cor- trative Offi ce of the Courts, 2000001675; Shepherds iel Lyons, 2000002549; John R. Williams, 2000002550; poration, 1300002471; Palmer Engineering Company, House, Inc., 2000001828; Federation of Appalachian Kentucky Field Service Realty, 2000002551; McPher- 1500001636; URS Corporation, 1500002149; Palmer Housing Enterprises, Inc., 2000001833; Young Peo- son Appraisal Service, 2000002553; Matthew L. Chap- Engineering Company, 1500002150; Stantec Consult- ple In Recovery, 2000001867; Kentucky Primary Care man, 2000002555; Russell M. Sloan, 2000002557; ing Services, Inc., 1600002541; QK4, Inc., 1600003748; Association, Inc., 2000001884; Fletcher Group, Inc., Stephen G. Raleigh, 2000002558; Tammy L. Barnes, Bluegrass Valuation Group, LLC, 1700001182; Tam- 2000001906; Kentucky River Community Care, Inc., 2000002559; Th oroughbred Real Estate Services, LLC, my L. Barnes, 1700001185; Stantec Consulting Ser- 2000001914; Pennyroyal Regional Mental Health 2000002560; David Owen, 2000002561; Mary E. Mar- vices, Inc., 1700001320; Stantec Consulting Ser- Mental Retardation Board, 2000002015; Green Riv- tins the Word Private Investigations, 2000002562; vices, Inc., 1700001597; Aecom Technical Services, er Regional MHMR Board, Inc., 2000002016; Com- Kevin Shipp, 2000002563; DPJ Consulting, LLC, Inc., 1700002656; Palmer Engineering Company, municare, Inc., 2000002022; Seven Counties Ser- 2000002564; Th omas Ray Garner, 2000002572; Th ur- 1700002663; EA Partners, PLC, 1700002782; DLZ vices, Inc., 2000002023; Pathways, Inc., 2000002028; ston Freeman, 2000002573; HNTB Corporation, Kentucky, Inc., 1800000372; Stantec Consulting Ser- Kentucky River Community Care, Inc., 2000002031; 2000002758; Gateway Community & Technical Col- vices, Inc., 1800001566; Stantec Consulting Services, Cumberland River Behavioral Health, Inc., lege, 2000002814; Benson Group, LLC, 2000002815; Inc., 1800002163; WSP USA, Inc., 1800002166; Stan- 2000002032; Lake Cumberland Mental Health Men- CEI of America, Inc., 2000002838; Strothman tec Consulting Services, Inc., 1800002171; QK4, Inc., tal Retardation Board, 2000002034; New Vista of the and County PSC, 2000002941; RN Expertise, Inc., 1900001905; H.W. Lochner, Inc., 1900001906; HDR Bluegrass, Inc., 2000002035; Seven Counties Services, 2000003078; Occupational Health Center of South- Engineering, Inc., 1900001938; Corradino Group, Inc., 2000002108; Western Kentucky Regional Mental west Pa., 2000003193; Primary Care Center of Eastern 1900002032; Lee Engineering, LLC, 1900002149; Health & Retardation Advisory Board, 2000002125; Kentucky, 2000003234. Leslie M. Haney and Albert W. Gross Partners, Communicare, Inc., 2000002129; Seven Counties UNIVERSITY OF KENTUCKY 1900002866; HDR Engineering, Inc., C-01228504; Services, Inc., 2000002130; Northern Kentucky Re- APAX Soft ware, K20-150; Achieve Digital, K20- Presnell Associates, Inc., C-02300472; Quest Engi- gional Mental Health Mental Retardation Board, 151; Grace Consulting, K21-101; Smith Management neers, Inc., C-06190563. 2000002131; Pathways, Inc., 2000002133; Mountain

28 2020 Interim LEGISLATIVE RECORD Comprehensive Care Center, 2000002134; Cum- SERVICES 2000002770; Appalshop, Inc., 2000002826; Center for berland River Behavioral Health, Inc., 2000002136; Seven Counties Services, Inc., 2000001469; Spe- Human Entrepreneurship, 2000002896. Lake Cumberland Mental Health Mental Retarda- cialized Alternatives for Families & Youth of Ken- DEPARTMENT FOR WORKFORCE INVEST- tion Board, 2000002137; Volunteers of America Mid- tucky I, 2000001518; Seven Counties Services, Inc., MENT States, Inc., 2000002227; Manchester Memorial Hos- 2000001523; Madison County, 2000001526; Children’s Mental Health America of Northern Kentucky pital, 2000002321; University of Kentucky Research Advocacy Centers of Kentucky, 2000001530; Pathways, and Southwest Ohio, 2000001891; Center for Accessi- Foundation, 2000002568; Transitions, Inc. d/b/a Inc., 2000001533; Comprehend, Inc., 2000001538; ble Living, Inc., 2000001902; Options Unlimited, Inc., Women’s Residential, 2000002705; Kentucky Part- Seven Counties Services, Inc., 2000001549; Northern 2000001905; Options Unlimited, Inc., 2000001907; nership for Families and Children, Inc., 2000002721; Kentucky Regional Mental Health Mental Retardation American Institutes for Research, 2000002700; Coun- Chrysalis House, Inc., 2000002774; Kentucky River Board, 2000001550; Mountain Comprehensive Care cil On Developmental Disabilities, Inc., 2000002940. Community Care, Inc., 2000002784. Center, 2000001551; Pathways, Inc., 2000001779; DEPARTMENT OF AGRICULTURE BOARD OF ALCOHOL AND DRUG ABUSE Youth Villages, Inc., 2000002738. Feeding America, Kentucky’s Heartland, COUNSELORS DEPARTMENT FOR ENVIRONMENTAL 2000002318; University of Kentucky, 2000003055; Department of Professional Licensing, PROTECTION Feeding Kentucky, Inc., 2000003110. 2000001761. Kentucky Steam Heritage Corporation, DEPARTMENT OF CORRECTIONS BOARD OF CERTIFICATION FOR MAR- 2000001814; US Department of Agriculture, Daviess County, 2000001541; Grayson County RIAGE AND FAMILY THERAPISTS 2000002200. Detention Center, 2000001561; Hardin County Fis- Department of Professional Licensing, DEPARTMENT FOR FAMILY RESOURCE cal Court, 2000001562; Kenton County Fiscal Court, 2000001775. CENTERS & VOLUNTEER SERVICES 2000001566; Boyle County, 2000001583; Lexington BOARD OF CHIROPRACTIC EXAMINERS Jeff erson County Board of Education, Fayette Urban County Government, 2000001585; Har- Department of Professional Licensing, 2000001674; Multi, 2000001722; Multi, 2000001725; lan County, 2000001641; Pike County, 2000001649; 2000001684. Multi, 2000001729; Northern Kentucky Cooperative Shelby County Detention Center, 2000001665; BOARD OF EXAMINERS OF PSYCHOLO- for Educational Services, Inc., 2000001731; Eastern Communicare, Inc., 2000002285; Pathways, Inc., GISTS Kentucky University, 2000002443; Kentucky YMCA 2000002289; Northern Kentucky Regional Men- Department of Professional Licensing, Youth Associates, 2000002501. tal Health Mental Retardation Board, 2000002290; 2000001686. DEPARTMENT FOR INCOME SUPPORT Mountain Comprehensive Care Center, 2000002291; BOARD OF HAIRDRESSERS AND COSME- Legal Aid Society, 2000001972. Kentucky River Community Care, Inc., 2000002294; TOLOGISTS DEPARTMENT FOR LOCAL GOVERNMENT Western Kentucky Regional Mental Health & Retar- Kentucky Community and Technical College City of Richmond, 2000001571; City of dation Advisory Board, 2000002295; Cumberland System, 2000003375. Whitesville, 2000002033; Clay County Fiscal River Behavioral Health, Inc., 2000002296; Compre- BOARD OF INTERPRETERS FOR THE DEAF Court, 2000002185; Kenton County Fiscal Court, hend, Inc., 2000002297; New Vista of the Bluegrass, AND HARD OF HEARING 2000002248; City of Bradfordsville, 2000002381; Inc., 2000002299. Department of Professional Licensing, City of Hindman, 2000002437; Letcher County Fis- DEPARTMENT OF CRIMINAL JUSTICE 2000001768. cal Court, 2000002688; Ohio County Fiscal Court, TRAINING BOARD OF LICENSING HEARING AID 2000003137; Ohio County Fiscal Court, 2000003138; Eastern Kentucky University, 2000001810. DEALERS & FITTERS Floyd County Fiscal Court, 2000003196. DEPARTMENT OF EDUCATION Department of Professional Licensing, DEPARTMENT FOR MEDICAID SERVICES University of Louisville Research Foundation, 2000001708. Kentucky Board of Nursing, 2000001504; De- 2000002307; Murray State University, 2000002324; BOARD OF OPHTHALMIC DISPENSERS partment of Juvenile Justice, 2000001620; Multi, Utah State University, 2000002366; Kentucky Spe- Department of Professional Licensing, 2000001834. cial Parent Involvement Network, Inc., 2000002393; 2000001696. DEPARTMENT FOR PUBLIC HEALTH University of Kentucky Research Foundation, BOARD OF PODIATRY University of Kentucky Research Foundation, 2000002450; University of Kentucky Research Foun- Department of Professional Licensing, 2000001166; Mayo Collaborative Services, LLC, dation, 2000002453; University of Kentucky Research 2000001776. 2000001219; University of Kentucky Research Foun- Foundation, 2000002495; Henderson County Board BOARD OF PROFESSIONAL COUNSELORS dation, 2000001220; University of Kentucky Research of Education, 2000002503; Warren County Board Department of Professional Licensing, Foundation, 2000001569; Wendell Fosters Campus of Education, 2000002506; Cabinet for Health and 2000001757. for Developmental Disabilities, 2000001576; Ken- Family Services - DBHDID, 2000002510; Universi- BOARD OF PROSTHETICS, ORTHOTICS tucky Department of Education, 2000001616; Nor- ty of Kentucky Research Foundation, 2000002511; AND PEDOROTHICS ton Hospital, Inc., 2000001622; Heartland Cares, University of Kentucky Research Foundation, Department of Professional Licensing, Inc., 2000001640; University of Kentucky Research 2000002520; University of Kentucky Research Foun- 2000001685. Foundation, 2000001759; Go-Hire Employment and dation, 2000002522; University of Kentucky Research BOARD OF SPEECH PATHOLOGY AND AU- Development, Inc., 2000001850; Norton Healthcare Foundation, 2000002575; Owen County Board of DIOLOGY Foundation, 2000001956; Big Sandy Health Care, Education, 2000002657; Hopkins County Board Department of Professional Licensing, Inc., 2000001974; Lewis County Primary Care Cen- of Education, 2000002663; Boyd County Board of 2000001698. ter, Inc., 2000002121; Community Health Centers of Education, 2000002664; Central Kentucky Educa- CHFS - DEPARTMENT FOR AGING AND IN- Western Kentucky, Inc., 2000002122; University of tional Cooperative, 2000002684; Bourbon Coun- DEPENDENT LIVING Louisville Research Foundation, 2000002159; Univer- ty Board of Education, 2000002692; Clark County Center for Accessible Living, Inc., 2000002605; sity of Kentucky, 2000002162; Family Health Centers, Board of Education, 2000002696; Woodford County Nursing Home Ombudsman Agency of the Bluegrass, Inc., 2000002272; Matthew 25 Aids Services, Inc., Board of Education, 2000002699; Kentucky Valley Inc., 2000002606; Elderserve, Inc., 2000002607; New 2000002387; Pathways, Inc., 2000002442; University of Educational, 2000002706; Spencer County Board Vista of the Bluegrass, Inc., 2000002611; Northern Kentucky Research Foundation, 2000002500; Univer- of Education, 2000002732; Barren County Board Kentucky Cooperative for Educational Services, Inc., sity of Kentucky Research Foundation, 2000002521; of Education, 2000002740; Leslie County Board 2000002613. Kentucky Cancerlink, Inc., 2000002707; University of of Education, 2000002741; Corbin Independent CHFS - OFFICE OF THE SECRETARY Louisville Research Foundation, 2000002733; Univer- School District, 2000002742; Carter County Board University of Kentucky, 2000002587. sity of Kentucky Research Foundation, 2000002762; of Education, 2000002747; Leslie County Board DEPARTMENT FOR COMMUNITY BASED University of Louisville Research Foundation, of Education, 2000002749; Scott County Board of

THE KENTUCKY GENERAL ASSEMBLY 29 Education, 2000002751; Western Kentucky Uni- 2000002217; Colorado State Patrol Family Foun- Kentucky University, 1900004985. versity, 2000002754; Scott County Board of Edu- dation, 2000002382; Elizabethtown Communi- DEPARTMENT OF JUVENILE JUSTICE cation, 2000002790; Danville Independent School ty and Technical College, 2000002499; Kentucky Th e Methodist Home of Kentucky, Inc., District, 2000002793; Clay County Board of Edu- Natural Lands Trust, Inc., 2000002505; Kentucky 2000000659. cation, 2000002804; Western Kentucky University, Division of Water, 2000002509; Dry Stone Conser- KENTUCKY FISH AND WILDLIFE RE- 2000002806; Campbellsville Independent School vancy, 2000002512; Kentucky Waterways Alliance, SOURCES District, 2000002819; Campbell County Board of 2000002524; Federal Highway Administration Na- University of Kentucky Research Foundation, Education, 2000002822; Campbell County Board tional Highway Institute, 2000002530; Western Ken- 2000000681. of Education, 2000002824; Scott County Board of tucky University, 2000002609; Treeslouisville, Inc., KY APPLIED BEHAVIOR ANALYSIS LICENS- Education, 2000002846; Christian County Board 2000002628; Kentucky Department of Corrections, ING BOARD of Education, 2000002848; Wayne County Board 2000002630; City of Cadiz, 2000002649; Western Public Protection Cabinet, 1900001339. of Education, 2000002871; Bath County Board of Kentucky University, 2000002668; US Army Corps THE FOLLOWING FILM TAX INCENTIVES Education, 2000002883; Martin County Board of of Engineers, 2000002745; Kentucky Transportation WERE REVIEWED WITHOUT OBJECTION: Education, 2000002893; Nelson County Board of Center, 2000002757; University of Louisville Research TOURISM - OFFICE OF THE SECRETARY Education, 2000002909; Nelson County Board of Foundation, 2000003206. Stargazer 2019e, LLC, 2000002802; Stargazer Education, 2000002911; Bourbon County Board of THE FOLLOWING MEMORANDA OF 2019f, LLC, 2000003223. Education, 2000003071; Eastern Kentucky Univer- AGREEMENT AMENDMENTS WERE REVIEWED DISCUSSION OF MASTER AGREEMENTS sity, 2000003153; Clark County Board of Education, WITHOUT OBJECTION: Dr. Steven Stack, Physician Commissioner, De- 2000003212; Th e National Center for the Improve- ADMINISTRATIVE OFFICE OF THE COURTS partment for Public Health, Astrud Masterson, Exec- ment of Education. Assess, Inc., 2000003217; Emi- Transitions, Inc., 1900004713. utive Director, Offi ce of Administrative Services, Of- nence Independent Board of Education, 2000003430; BEHAVIORAL HEALTH, DEVELOPMENTAL fi ce of the Secretary, Tricia Okeson, Lisa Lee, and Amy Greenup County Board of Education, 2000003434; & INTELLECTUAL DISABILITIES Monroe were present to testify regarding seventeen Pineville Independent School District, 2000003437; New Beginnings Bluegrass, Inc., 1800001997. (17) master agreements; 2000000632 Cognosante, Robertson County Board of Education, 2000003438; CHFS - DEPARTMENT FOR AGING AND IN- LLC, 2000000633 VIVA USA, Inc., 2000000634 HW Rockcastle County Board of Education, 2000003439. DEPENDENT LIVING Temps, LLC dba HW Staffi ng Solutions, 2000000635 DEPARTMENT OF INSURANCE Multi, 1900000798; Multi, 1900000816; Multi, Maximus Healthcare Services, Inc., 2000000636 Kentucky Community and Technical College 1900000876; Multi, 1900004491; Multi, 2000000094; Randstad North America, Inc., 2000000637 CKF En- System, 2000001925. Multi, 2000000214. terprises, Inc. dba Executrain, 2000000638 ProLink DEPARTMENT OF JUVENILE JUSTICE DEPARTMENT FOR COMMUNITY BASED Healthcare, LLC, 2000000639 Midtown Personnel, Volunteers of America Mid-States, Inc., SERVICES Inc. dba Th e Midtown Group, 2000000640 Atrium 2000002943. Child Advocacy Centers of Kentucky, Staffi ng, LLC, 2000000641 Medical Edge Recruitment, ECON DEV - OFFICE OF THE SECRETARY 1900001068. LLC, 2000000642 Medix Staffi ng Solutions, Inc., University of Louisville Research Foundation, DEPARTMENT FOR FAMILY RESOURCE 2000000643 Kelly Services, Inc., 2000000644 TekSys- 2000003145; Kentucky Science and Technology Cor- CENTERS & VOLUNTEER SERVICES tems, Inc., 20000000645 Conduent State Healthcare, poration, 2000003473. Multi, 1900002434. LLC, 2000000646 NTT Data, Inc., 2000000647 Med- EDUCATION - OFFICE OF THE SECRETARY DEPARTMENT FOR LIBRARIES & ARCHIVES source, and 2000000648 Aerotek, Inc. Six (6) mod- CHFS Offi ce of Health Data and Analytics, Amigos Library Services, 1900003426. ifi cations to add same services to existing master 2000002196. DEPARTMENT FOR LOCAL GOVERNMENT agreements; 2000000490 Horizon Healthcare Man- KENTUCKY ENVIRONMENTAL EDUCA- Greenup County Fiscal Court, 1900002411; agement, LLC, 2000000491 Management Registry, TION COUNCIL Knott County Fiscal Court, 1900004753. Inc., 2000000492 Crown Services, Inc., 2000000493 Kentucky Association for Environmental Educa- DEPARTMENT FOR MEDICAID SERVICES Maxin Healthcare Services, Inc., 2000000494 Hudson tion, 2000002094. University of Kentucky Research Foundation, Gate Partners, LLC, and 2000000497 Judge Technical KY APPLIED BEHAVIOR ANALYSIS LICENS- 1800001666; University of Kentucky Research Foun- Services, Th e contracts would add staff to perform ING BOARD dation, 1800001850. contact tracing, which is the systematic identifi cation Department of Professional Licensing, DEPARTMENT FOR PUBLIC HEALTH and monitoring of all persons who might have been 2000001705. University of Kentucky Research Founda- exposed to a person diagnosed with COV-19. A mo- KY BOARD OF LICENSURE FOR MASSAGE tion, 1800001733; University of Kentucky Research tion was made by Representative Lee to approve the THERAPY Foundation, 1800002124; Multi, 1900004002; Multi, contracts as reviewed. Representative Hart seconded Department of Professional Licensing, 1900004003; Multi, 1900004005; Multi, 1900004358; the motion, which passed with Senator Meredith vot- 2000001769. Norton Healthcare, 2000003064. ing no. KY BOARD OF LICENSURE FOR PRIVATE DEPARTMENT OF AGRICULTURE THE FOLLOWING PERSONAL SERVICE INVESTIGATORS Multi, 1900003210; Tri State Food Bank, Inc., CONTRACTS WERE SELECTED FOR FURTHER Department of Professional Licensing, 2000000596. REVIEW: 2000001707. DEPARTMENT OF EDUCATION DEPARTMENT FOR PUBLIC HEALTH KY RIVER AUTHORITY University of Louisville Research Foun- Deloitte Consulting, LLP, 2000003282. Dr. Ste- United States Department of the Interior, dation, 1900003782; Murray State University, ven Stack and Astrud Masterson were present to tes- 2000001463. 1900004199; University of Louisville Research Foun- tify regarding the Emergency Purchase Request or MILITARY AFFAIRS COMMISSION dation, 1900004216; Eastern Kentucky University, Exception and Exemption from contracts and agree- University of Louisville Research Foundation, 1900004228; Kentucky Community and Technical ments from extending beyond the biennium for the 2000002961. College System, 1900004232; Department of Cor- purpose of an emergency COVID-19 related contract PUB PROTECTION - OFFICE OF THE SEC- rections, 1900004234; Eastern Kentucky University, with Deloitte Consulting, LLP to assist with an anal- RETARY 1900004238; Morehead State University, 1900004239; ysis of the current processes employed for capturing Community Action Kentucky, Inc., 2000003318. University of Louisville Research Foundation, and reporting data related to testing and reporting TRANSPORTATION - OFFICE OF THE SEC- 1900004532; Morehead State University, 1900004837; from COVID-19 sites and assist with the development RETARY Murray State University, 1900004838; University of of frameworks and executive plans for COVID-19 re- Colorado State Patrol Family Foundation, Kentucky Research Foundation, 1900004840; Western sponse and testing activities. A motion was made by

30 2020 Interim LEGISLATIVE RECORD Representative Hart to disapprove the contract. Rep- chel Hartley. funds for CAIP. Th e board recommended resentative Lee seconded the motion, which passed Governor’s Offi ce of Agricultural Policy Report approval, which would bring the program with Senator Carroll voting to pass. Warren Beeler provided an update on the three total to $290,500. DEPARTMENT OF EDUCATION hemp projects: Victory Hemp, Atalo, and Sunstrand. Th e projects discussed included: Ricky Courtwright, 2000002256; Vickie Court- Atalo and Sunstrand have fi led for bankruptcy and Th e city of Berea was approved for up to wright, 2000002257; Walter W. Hulett, 2000002636. GOAP was able to recover some of the funds. $240,000 in state funds and $10,000 in Mad- Charlie Harmon, Donna Duncan, and Th elma Haw- Bill McCloskey provided an overview of program ison County funds for the construction of a kins discussed the contracts with the committee. A amendments and projects from January to May 2020. multi-use farmers market pavilion. motion was made by Representative Lee to disapprove Requested program amendments included: Th e Kentucky State Fair Board was ap- the contracts. Representative Hart seconded the mo- Green River Area Beef Improvement proved for up to $6,000,000 in state funds for tion, which passed with Senator Carroll voting no. Group requested an additional $142,528 in the demolition and renovation of the main DEPARTMENT OF EDUCATION Daviess County funds for the County Agri- entrance at the Kentucky Exposition Center. Public Consulting Group, Inc., 2000003161. cultural Investment Program (CAIP). Th e Th e Jessamine County Young Farmers Charlie Harmon, Donna Duncan, and Th elma Haw- board recommended approval, which would Association was approved for up to $5,000 in kins discussed the contract with the committee. A bring the program total to $192,528. Jessamine County funds for the 2020 Ken- motion was made by Representative Lee to defer the Green River Area Beef Improvement tucky Young Farmers Convention. contract to the July meeting of the committee. Repre- Group requested an additional $35,000 in Pennington Stave and Cooperage sentative Fugate seconded the motion, which passed. McLean County funds for CAIP. Th e board was denied $1,000,000 in state funds and recommended approval, which would bring $225,000 in multiple county funds to pro- THE FOLLOWING MEMORANDA OF the program total to $85,500. duce staves and new barrels for the growing AGREEMENTS WERE SELECTED FOR FURTHER Jessamine County Future Farmers of spirits and wine industry. Th e board denied REVIEW: America Alumni Association requested the request due to limited producer impact. DEPARTMENT FOR PUBLIC HEALTH to increase the maximum producer limit Michael R. Sloan was denied $250,000 Norton Healthcare, 2000001498; Norton Health- amount from $3,000 to $4,000. Th e board in state funds on behalf of Southern Appa- care, 2000003064. Dr. Steven Stack and Astrud Mas- recommended approval. lachian Cherokee Mountain Eagle Express terson discussed the contracts with the committee. A Logan County Cattlemen’s Association to purchase equipment in order to develop a motion was made by Representative Lee to consider requested an additional $9,083 in Logan trucking business. Th e board denied the re- the contracts as reviewed. Representative Hart sec- County funds for CAIP. Th e board recom- quest due to limited producer impact. onded the motion, which passed. mended approval, which would bring the Grand Stable was denied $30,000 in ECON DEV - OFFICE OF THE SECRETARY program total to $69,217. Daviess County funds and $270,000 in state University of Kentucky Research Foundation, Simpson County Conservation District funds for construction of a multi-use event 2000002929; University of Louisville Research Foun- requested to increase the maximum produc- facility. Th e board denied the request due to dation, 2000002930; Kentucky Science and Technolo- er limit amount from $1,200 to $5,000. Th e limited producer impact. gy Corporation, 2000002976; University of Kentucky board recommended approval. American Farmland Trust was ap- Research Foundation, 2000003144; University of Ken- Buff alo Trace Area Development Dis- proved for up to $275,000 in state funds for tucky Research Foundation, 2000003146. Anthony trict requested an additional $4,000 in Brack- the Kentucky Commercial Rye Cover Crop Ellis discussed the contracts with the committee. A en County funds for the Next Generation Initiative to improve profi tability for farmers, motion was made by Representative Fugate to con- Farmer Program and requested an increase soil health, and environmental quality. sider the contracts as reviewed. Representative Hart to the maximum producer limit amount Metcalfe County 4-H Council was ap- seconded the motion, which passed. from $3,000 to $3,500. Th e board recom- proved for up to $1,446 in Metcalfe County Th ere being no further business, the meeting ad- mended approval, which would bring the funds to purchase 18 hams for the 4-H coun- journed at 12:42 PM. program total to $34,000. try ham project. Buff alo Trace Area Development Dis- Th e University of Kentucky Research trict requested an additional $58,282 in Foundation was approved for up to $94,928 Tobacco Settlement Agreement Bracken County funds for CAIP and re- in state funds over two years to develop the Fund Oversight Committee quested an increase to the maximum pro- infrastructure to assess patterns of viral in- Minutes of the 1st Meeting ducer limit amount from $3,000 to $3,500. fections among Kentucky honey bee hives. of the 2020 Interim Th e board recommended approval, which Daviess County 4-H Council was ap- June 11, 2020 would bring the program total to $308,282. proved for up to $2,488 in Daviess County Call to Order and Roll Call Northern Kentucky Cattle Association funds to off er an equine safety clinic taught Th e 1st meeting of the Tobacco Settlement requested an additional $7,000 in Boone by Landsafe Equestrian Safety Clinic. Agreement Fund Oversight Committee was held on County funds for CAIP. Th e board recom- On Tapp Dairy was approved for up to Th ursday, June 11, 2020, at 10:30 AM, in Room 171 mended approval, which would bring the $27,500 in Washington County funds and of the Capitol Annex. Senator C.B. Embry Jr., Chair, program total to $130,464. $27,500 in state funds to purchase equip- called the meeting to order, and the secretary called Owen County Farm Bureau request- ment to process and bottle milk to market to the roll. ed an additional $275,000 in Owen County retail customers at the farmers market, retail Present were: funds for CAIP. Th e board recommended ap- stores, restaurants, and private schools. Members: Senator C.B. Embry Jr., Co-Chair; proval, which would bring the program total Th e University of Kentucky Research Representative Myron Dossett, Co-Chair; Senators to $300,000. Foundation was approved for up to $228,800 Dennis Parrett, Robin L. Webb, and Whitney West- Casey County Conservation District in state funds for the expansion of water erfi eld; Representatives Kim King, Phillip Pratt, Rick requested an additional $247,260 in Casey quality monitoring stations in western Ken- Rand, Brandon Reed, and Dean Schamore. County funds for CAIP. Th e board recom- tucky. Guests: Warren Beeler, Executive Director, Gov- mended approval, which would bring the Th e Caldwell County Board of Educa- ernor’s Offi ce of Agricultural Policy (GOAP); and Bill program total to $537,260. tion was approved for up to $5,500 in Cald- McCloskey, Deputy Executive Director, GOAP. Shelby County Farm Bureau request- well County funds to purchase a Computer LRC Staff : Nathan Smith, Kelly Ludwig, and Ra- ed an additional $15,500 in Shelby County Numerical Controlled plasma cutting ma-

THE KENTUCKY GENERAL ASSEMBLY 31 chine for the Caldwell County High School Capital Projects and Bond ducing high-value carbon products from coal at the agriculture department. Oversight Committee largest scale in the United States, in partnership with Th e Pennyrile Area Development Dis- Minutes the Oak Ridge National Laboratory. Th e high-value trict was approved for up to $6,018 in state June 25, 2020 carbon products will replace traditional metals used and $6,018 in multiple county funds to con- in aerospace and automotive applications. Represen- Call to Order and Roll Call duct a broadband feasibility study for the tative Th omas praised UK for initiating development Th e Capital Projects and Bond Oversight Com- area. of the largest scale high-value carbon fi ber facility in mittee meeting was held on Th ursday, June 25, 2020, Th e Kentucky Future Farmers of Amer- the United States. at 12:00 PM, via videoconference. Representative ica Leadership Training Center was approved Th e third funding source revision was from the Walker Th omas, Chair, called the meeting to order, for up to $30,000 in multiple county funds to Acquire Land restricted funds project authorization. and the secretary called the roll. purchase a 20 kilowatt solar panel unit that UK will use a [USDA National Institute of Food and Present were: will off set energy costs and will incorporate Agriculture] federal capacity grant available to land- Members: Representative Walker Th omas, Co- into an Emerging Technology curriculum. grant institutions rather than restricted funds for its Chair; Senator Rick Girdler, Co-Chair; Senators Rockcastle County Board of Education $2 million purchase of 287.54 acres in Caldwell Coun- Christian McDaniel and Robby Mills; and Represen- was approved for up to $2,000 in Rockcastle ty adjacent to its Research and Education Center. UK tatives Phillip Pratt, Steven Rudy, and Maria Sorolis. County funds to renovate the school green- has leased the land, which has the two soil types and is Guests: Janice Tomes, Deputy State Budget Di- house at Rockcastle County High School. within eighty miles of eighty percent of the acreage for rector; Brigadier General (Retired) Benjamin Adams, Marksbury Farm Foods was approved Kentucky grains, since 2016 for agricultural research. Executive Director, Offi ce of Management and Ad- for up to $392,700 in state funds, as a par- Representative Th omas encouraged members to visit ministration, Department of Military Aff airs; Edith ticipation loan, to purchase equipment and the Research and Education Center. Halbleib, Executive Director, Kentucky Infrastructure upgrade its processing facility. Ms. Baker submitted one lease renewal and one Authority; Linda Bridwell, Deputy Executive Direc- Southeast Sheep Producers Association new lease. Representative Pratt moved to roll the leas- tor, Kentucky Infrastructure Authority; Katie Smith, was approved for up to $12,590 in county es into one roll call vote, seconded by Representative Commissioner, Department for Financial Services, funds to conduct a feasibility study to deter- Sorolis, and approved without objection. Th e UK Cabinet for Economic Development; and Sandy Wil- mine if Kentucky has enough sheep produc- HealthCare Information Technology lease renewal, liams, Deputy Executive Director, Offi ce of Financial ers to aggregate and sell lambs into regional authorized in House Bill 352, was for 25,903 square Management. markets. feet of space at 245 Fountain Court, costing $595,769 LRC Staff : Katherine Halloran, Committee Staff Th e Grayson County Board of Educa- annually. Th e new lease, 4,907 square feet of space in Administrator; Julia Wang, Legislative Analyst; and tion was approved for up to $1,500 in Grayson Edgewood close to the St. Elizabeth Medical Center Jenny Wells Lathrem, Committee Assistant. County funds for updates to the greenhouse costing $112,135 annually, will provide additional Approval of Minutes and aquaponics system at Grayson County space for the UK/Northern Kentucky University/St. Representative Rudy moved to approve the May High School. Elizabeth Healthcare medical education program. 19, 2020 meeting minutes. Representative Pratt sec- JSW Farm Chop Shop was approved for Representative Rudy moved to approve the leas- onded the motion, and the committee approved with- up to $173,230 in state funds to purchase a es, seconded by Representative Pratt, and unanimous- out objection. carcass washing unit. ly approved by roll call vote. Information Items Winchester Clark County Farmers Report from the Finance and Administration Pursuant to KRS 45.760(5), the University of Market was approved for up to $210,000 Cabinet Louisville reported a $598,400 mass spectrometer in state funds and $25,000 in Clark Coun- Ms. Tomes submitted six new Department of purchase from federal National Institute of Health ty funds to construct a permanent farmers Military Aff airs projects at four facilities. Representa- Shared Instrument Grant funds. market structure. tive Rudy moved to roll the projects into one roll call Pursuant to KRS 45.812(1), the Covington Inde- Th e University of Kentucky Research vote, seconded by Representative Pratt, and approved pendent and Walton-Verona school districts, which Foundation was approved for up to $256,602 without objection. did not need an additional tax levy to pay debt service, in state funds to launch an online beef assess- Th e fi rst was the $1.946 million Barbourville reported an estimated $3.75 million, for three elemen- ment tool. Readiness Center Latrine Upgrade project; using tary school roof replacements, and $380,000, for high Clark County Fair and Horse Show was $1,459,500 in federal funds, $449,000 in state invest- school athletic improvements, respective upcoming approved for up to $21,332 in Clark County ment income, and $37,500 in bond funds. Interior up- debt issuances. funds to build a new facility to house the 4-H grades include new female latrine/shower and lacta- Pursuant to KRS 45A.860(3), the Auditor of Pub- and Future Farmers of America exhibits. tion room, existing male latrine/shower, boiler system lic Accounts provided reports certifying procedural In response to a question from Representative replacement to more energy effi cient HVAC system, statutory compliance for fi ve selection committees. Dossett, Mr. Beeler stated there is a federal investiga- windows to antiterrorism/force protection standards, Report from the University of Kentucky tion started by the United States Department of Justice and new organizational clothing individual equip- Ms. Baker reported three funding source revi- into price gouging in the meat industry. ment storage. sions without aggregate appropriation increases. Th e In response to a question from Representative Th e second was the $1.965 million Richmond fi rst two were for projects from the Improve Center King, Mr. Beeler stated the deadline for replacing Ag- Readiness Center Interior Modernization project; us- for Applied Energy Research restricted funds project ricultural Development Board members has been ex- ing $1,473,750 in federal funds, $460,000 in state in- authorization. UK opted to utilize a U.S. Department tended to October 31, 2020. vestment income, and $31,250 in bond funds. Interior of Defense (DoD) federal grant rather than restrict- Senator Webb stated more funds need to be allo- upgrades include existing female and male latrines/ ed funds for its $1.5 million, 2,000 square foot Min- cated to northeastern Kentucky. showers, new lactation room, windows to antiterror- eral Process Building Expansion; climate controlled In response to a question from Senator Parrett, ism/force protection standards, kitchen facilities, drill space for raw materials to develop high performing Mr. Beeler stated the cost of dead animal removal is hall, new organizational clothing individual equip- concrete [replacing heavy precast rebar-laden compo- too high and the program needs to be reviewed. ment storage, and new HVAC direct digital controls nents] for DOD and U.S. Army Corps of Engineers Th ere being no further business, the meeting was for energy effi ciency. military applications. UK will use a U.S. Department adjourned. Th e third was the $1,745,495 Boone National of Energy federal grant rather than restricted funds Guard Center Auditorium project; using $1,309,121 for its $2.5 million, 5,000 square foot Carbon Fiber in federal funds, $423,100 in state agency restrict- Development Facility; a pilot-scale process plant pro- ed funds, and $13,274 in state investment income.

32 2020 Interim LEGISLATIVE RECORD Th e 5,500 – 6,000 square foot multi-use auditorium is 20 years at a 1.50 percent interest rate. ed a $122,344 Fund F loan increase to its previously seating style facility, designed for multi-tiered seating Th e City of Kuttawa, Lyon County, requested a approved $883,000 Fund F loan for a total $1,005,344 with work tables that include data and electric, will ac- $453,236 Fund A loan increase to its previously ap- Fund F loan amount. Th e $1,248,344 Olive Hill: Re- commodate staff briefi ngs, soldier/employee training proved $1,264,200 Fund A loan for a $1,717,436 total place Downtown Area Waterline Replacement project classes, general presentations/ceremonies, and stage Fund A loan amount. Th e Lift Station and Force Main replaced 5,900 linear feet of cast iron waterlines. An performances by the Kentucky National Guard. Replacement project will replace the existing Magno- ARC grant funded the remaining project costs. For Th e next three projects were for the Wendell H. lia and Kuttawa lift stations and adjacent force sewer 4,000 gallons, eff ective since January 1, 2019, the in- Ford Regional Training Center (WHFRTC). Th e fi rst main. For 4,000 gallons, eff ective since February 1, side and outside city monthly water rates are $27.43 was the $1,785,550 WHFRTC 1103rd Law and Order 2019, the monthly sewer rate is $30.00. Th e term is 20 and $43.14. Th e term is 30 years at a 0.25 percent in- Military Police Readiness Center/Provost/Welcome years at a 1.50 percent interest rate. terest rate. Center project; using 75 percent federal funds and Th e City of Maysville, Mason County, requested Th e Adair County Water District requested 25 percent state agency restricted funds. Th is facility an $850,000 Fund A loan for its Wall Street Combined a $1,342,530 Fund F loan, of which KIA will apply will have administrative offi ce space, female and male Sewer Elimination project; separating combined sewer $671,265 in principal forgiveness, for its CAUD - Wa- latrines, lactation area, weapons vault, organization- lines to adjacent storm sewer lines. For 4,000 gallons, ter Main Replacement project; 7,400 linear feet of al clothing individual equipment storage, and visitor the monthly sewer rate has been $31.60 since July 1, 8-inch water lines (replacing asbestos-cement) plus control center space for all military and civilian visi- 2013; however, the city added an annual CPI clause 5,250 linear feet of 6-inch water lines, renovation of tors to check-in and receive room assignments or be to its water and sewer ordinance this year, increasing the City Industrial Tank, and demolition of two other directed to training areas. WHFRTC has over 100,000 the monthly sewer rate by 2.30 percent to $32.32 this tanks. For 4,000 gallons, eff ective since February 2012, military and civilian annual visitors and serves as a July. Th e term is 20 years at a 0.50 percent interest rate. the monthly water rate is $33.90 and the district has a training site for the Kentucky National Guard, state Th e City of South Shore, Greenup County, re- 21 percent water rate increase pending PSC approval. and local police and fi re departments, as well as other quested a $1,035,000 Fund A loan, of which KIA will Th e term is 30 years at a 0.50 percent interest rate. states’ National Guard and Emergency Services per- apply $517,500 in principal forgiveness, for its South Th e City of Salem, Livingston County, request- sonnel. Th is facility is critical for the control and vet- Shore: Upgrade Forest Heights Collection Lines proj- ed a $585,000 Fund F loan, of which KIA will apply ting of all WHFRTC visitors. ect; 4,300 linear feet of sewer lines and laterals. For $292,500 in principal forgiveness, for its Salem - Water Th e second was the 6,000 square foot, solely fed- 4,000 gallons, eff ective since May of this year, the Main Replacement project; 5,500 linear feet of water erally funded $1.650 million WHFRTC Fire Station monthly inside city sewer rate is $48.00. Th e term is lines on its western supply route connecting to the Addition; multiuse storage, billeting, and offi ce space, 30 years at a 0.50 percent interest rate. Crittenden-Livingston County Water District. For necessary due to fl eet modernization and increase in Th e McCreary County Water District requested 4,000 gallons, eff ective since March 27 of this year, the WHFRTC fi refi ghters and apparatus. a $3,244,500 Fund A loan, of which KIA will apply monthly water rate is $36.48. Th e term is 30 years at Th e last was the solely federally funded $1.375 $450,000 in principal forgiveness, for its $3,644,500 0.50 percent interest rate. million WHFRTC Multipurpose Athletic Field proj- MCWD - Sanitary Sewer Collection System Expan- Th e Cave Run Water Commission, Menifee ect; providing access and a location for formal cere- sion - Phase 1 project; providing sewer service to 305 County, requested a $1,171,350 Fund F loan for its monies, athletic events, and collective physical fi tness unserved homes. MCWD obtained a Rural Devel- Cave Run Water Commission Elevated Water Storage activities, including Army Physical Fitness Test/Army opment loan to fi nance the remaining project costs. Tank Construction project; a 300,000 gallon elevated Combat Fitness Test training. For 4,000 gallons, eff ective since August 29, 2019, the storage tank serving the Cities of Frenchburg and Jef- Brigadier General (Retired) Benjamin Adams re- monthly sewer rate is $41.07. Th e term is 30 years at a fersonville as well as the Morgan County Water Dis- introduced himself, stating it was good to be working 0.50 percent interest rate. trict. Th e commission is a wholesale water provider with this committee as well as the Veterans, Military Th e Hart County Industrial Authority requested only. Th e term is 20 years at a 1.50 percent interest Aff airs, and Public Protection committee. Representa- an $853,442 Fund A loan for its $2,353,442 Progress rate. tive Th omas said he appreciated his service. Park Industrial Park Pretreatment Expansion project, Th e Northern Kentucky Water District, Kenton Representative Pratt moved to approve the new pretreatment facility upgrades. An Appalachian Re- County, requested an $8 million Fund F loan for its projects, seconded by Representative Sorolis, and ap- gional Commission grant and a Community Develop- $10.05 million Taylor Mill Treatment Plant Emergen- proved by unanimous roll call vote. ment Block Grant funded the remaining project costs. cy Generator/Fort Th omas Treatment Plant Phase 2 Report from the Offi ce of Financial Management Th e term is 20 years at a 0.50 percent interest rate. Basin Improvements project. NKWD is funding the Kentucky Infrastructure Authority Representative Rudy moved to approve the Fund remaining project costs. For 4,000 gallons, eff ective Ms. Bridwell submitted seven Clean Water State A loans, contingent upon necessary PSC approvals, since March 26 of this year, the monthly water rate is Revolving Fund (Fund A) Program loans. Represen- seconded by Senator Mills, and approved by unani- $38.78. Th e term is 20 years at a 1.50 percent interest tative Rudy moved to roll the loans into one roll call mous roll call vote. rate. vote, seconded by Senator Mills, and approved with- Th e Crittenden-Livingston County Water Dis- Senator Mills moved to approve the Fund F loans, out objection. trict, Livingston County, requested a $300,000 Gov- contingent upon necessary PSC approvals, seconded Th e Adair County Water District requested a ernmental Agencies (Fund C) Program loan for its by Representative Rudy, and approved by unanimous $2,104,870 Fund A loan for its Downtown Sewer AMR Meter Replacement project; replacement of ap- roll call vote. System Improvements – Phase 1 project; 12,865 lin- proximately 1,400 meters with radio read meters. For Cabinet for Economic Development ear feet of 8-inch gravity sewer and service laterals. 4,000 gallons, eff ective since May 23 of this year, the Ms. Smith submitted two Economic Develop- For 4,000 gallons, eff ective since February 2015, the monthly water rate is $61.37. Th e term is 20 years at a ment Fund (EDF) grants for the Cabinet for Economic monthly sewer rate is $25.80 and the district has a pro- 2.75 percent interest rate. Development (CED). Senator Mills moved to roll the posed 39 percent sewer rate increase pending Public Senator Mills moved to approve the Fund C loan, grants into one roll call vote, seconded by Representa- Service Commission approval. Th e term is 30 years at contingent upon necessary PSC approvals, seconded tive Pratt, and approved without objection. Both EDF a 0.50 interest rate. by Representative Pratt, and approved by unanimous grants were for projects among the eight recommend- Th e City of Morehead, Rowan County, requested roll call vote. ed by an independent site consultant to receive Ken- a $1,363,200 Fund A loan for its $1,963,200 Derrick- Ms. Bridwell submitted fi ve Drinking Water tucky Product Development Initiative program funds son Lift Station Upgrade project; replacement of the State Revolving Fund (Fund F) Program loans. Sena- for industrial site upgrades, administered in conjunc- lift station and adjacent force sewer main. Th e Trans- tor Mills moved to roll the loans into one roll call vote, tion with the Kentucky Association for Economic De- portation Cabinet is funding the remaining project seconded by Representative Rudy, and approved with- velopment. Disbursements of grant funds will occur costs. For 4,000 gallons, eff ective since August 1, 2018, out objection. on a reimbursement basis to local governments aft er the monthly inside city sewer rate is $29.76. Th e term Th e City of Olive Hill, Carter County, request- CED reviews the required supporting documentation.

THE KENTUCKY GENERAL ASSEMBLY 33 Th e fi rst grant was $175,000 to Henderson West, Whitney Westerfi eld, and Phillip Wheeler; Rep- Kentucky. She gets no grants or governmental fi nan- County for the benefi t of the City of Henderson, to resentatives Adam Koenig, Ruth Ann Palumbo, Steve cial assistance but did get money from the Paycheck fi nance the approximately 4,400 foot municipal gas Riley, Rob Rothenburger, and Walker Th omas. Protection Program (PPP) for the center. Th e center line extension to the property site located along the Guests: Eric Friedlander, Secretary, Cabinet for can take only 3 to 4 subsidy children due to the fi - Highway 425 bypass. Th e city and Henderson County Health Family Services; Sarah Vanover, Director, Di- nancial constraint. Her presentation covered staffi ng, Economic Development have committed $75,000 and vision of Child Care, Department for Community revenue forgone by operating as a high quality center $100,000 respectively for the match. Based Services; Melissa Moore, Director, Division with higher child-to-staff ratios than required, fi nan- Th e second grant was $198,189 to the County of of Regulated Child Care, Offi ce of Inspector Gen- cial losses while operating as a limited duration center Marion for the benefi t of the Marion County Indus- eral, Cabinet for Health Family Services; Elizabeth (LDC) during the pandemic, and anticipated losses trial Foundation, to fi nance an access road to the 250 Caywood, Deputy Commissioner, Department for with the newly mandated group size reductions and acre business and industrial park in Lebanon. MCIF Community Based Services; Kelli Rodman, Executive staff increases. She said that she appreciates that the has committed funding equal to the grant for the Director, Offi ce of Legislative and Regulatory Aff airs, state has continued to make CCAP [Child Care Assis- match. Cabinet for Health Family Services; Ashli Watts, Pres- tance Program] payments, the sustainability stipend Senator Mills moved to approve the grants, sec- ident and Chief Executive Offi cer, Kentucky Chamber given to centers, and the HEROES bonus from the onded by Senator McDaniel, and approved by unani- of Commerce; Melanie Barker, Owner/President /Di- CARES [Coronavirus Aid, Relief, and Economic Se- mous roll call vote. rector, ABC Children’s Academy; Gary Logsdon, Gen- curity] Act . But these are temporary. Her PPP fund- Previous Debt Issue eral Counsel, ABC Children’s Academy; Kathy A. Do- ing ends June 12. Eleven percent of child care facilities Ms. Williams reported the $66.71 million State nelan, Owner, Aunt Kathy’s Child Care & Preschool; do not plan to reopen on June 15. Property and Buildings Commission (SPBC) Revenue Vickie Grabowski, Owner and President, Kids Acad- In response to a question from Senator Carroll, Refunding Bonds, Project No. 122, Series C, which re- emy Child Care; Leigh Roark, Co-owner, Smart Start Ms. Washburn said that most states have allowed child funded $68 million of SPBC Project No. 98 debt for Early Learning Academy; Sarah Veillon, Co-owner, care centers to remain open with safety measures. $1.7 million in net present value savings. Th e issue Smart Start Early Learning Academy; and Jennifer Kentucky shut child care down completely. Centers priced last October and closed May of this year. Th e Washburn, Executive Director, iKids Childhood En- had no seat at the table to decide how to move for- forward delivery structure was used as it generated richment Center. ward. Many children are in the care of grandparents, more savings than a taxable advance refunding. LRC Staff : Greg Hager, Committee Staff Admin- who are a vulnerable population. School District Debt Issue with School Facilities istrator; William Spears; Joel Th omas; and Elizabeth Ms. Barker said that she has worked in child Construction Commission Debt Service Participation Hardy, Committee Assistant. care for 18 years. Until this year, her center had never Ms. Williams submitted an anticipated $6.73 Election of Co-chairs been ordered to close by local or state authorities. Her million Breckinridge County School District debt is- Mr. Hager asked for nominations for Senate co- center has been closed for 12 weeks due to Governor sue with SFCC debt service participation. Th e district chair. Beshear’s order. She said that her claim with her insur- did not need an additional tax levy to pay debt service Senator Nemes nominated Senator Carroll. Sen- ance company related to the loss of business income and the proceeds will be used for high school renova- ator West seconded the motion. Senator Westerfi eld during the COVID-19 closure was denied. She con- tions. made a motion that nominations cease and that Sen- tacted an attorney and other centers to see whether Representative Rudy moved to approve the ator Carroll be elected by acclamation. Senator West they had similar issues. She said that she tried to con- school district debt issue with SFCC debt service par- seconded the motion, and Senator Carroll was elected tact the governor’s offi ce but received no response. She ticipation, seconded by Senator Mills, and approved by acclamation. wants the governor to order insurance companies to by unanimous roll call vote. Senator Carroll asked for nominations for House pay. She plans to fi le a class action lawsuit against her Adjournment co-chair. insurance company related to her claim denial. She Representative Th omas announced upcoming Representative Th omas nominated Represen- said that the PPP small business loan only covered meeting dates and times: July 22, 2020, 12:00 p.m.; and tative Bechler. Representative Koenig seconded the personnel/payroll costs and it was temporary. She did August 19, 2020, 3:00 p.m. motion. Representative Th omas made a motion that not receive any disaster-related funding. Th e funding Senator McDaniel referenced a utility’s increases nominations cease and that Representative Bechler be she has received does not cover her operating costs. in administrative expenses and rates, stating that ad- elected by acclamation. Representative Rothenburger She does not want to take out a loan. According to her ministrative expenses at all levels of government need seconded the motion, and Representative Bechler was research, the only states that required all child care to be closely monitored. Representative Th omas said elected by acclamation. centers to close are Kentucky, Massachusetts, Ohio, he appreciated Senator McDaniel’s comments. Minutes for November 22, 2019 Oregon, and Rhode Island. She applied to operate as With there being no further business the meet- Upon motion by Senator Westerfi eld and sec- a LDC but she was denied because the approval pro- ing adjourned at 1:49 p.m. ond by Representative Rothenburger, minutes for the cess is discriminatory. She cited Toyota’s child care November 22, 2019 meeting were approved without center as an example. Th e new ratios for child care Program Review and objection. centers are unfair because LDCs have been allowed to Child Care in KentuckyDuring the Pandemic maintain the standard ratios. Th ere should be fi nan- Investigations Committee Senator Carroll said legislators have been receiv- cial compensation to centers to make up for the lost Minutes ing numerous calls about child care. Businesses that revenue due to the lower ratios. Prospective parents June 11, 2020 are reopening need child care for their employees. are not allowed to visit centers. She said no cases have Call to Order and Roll Call Child care facilities are struggling to survive. Th ere been reported of children with coronavirus in child Th e Program Review and Investigations Com- were issues with child care even before the pandemic, care centers in the US. Child care centers cannot oper- mittee met on Th ursday, June 11, 2020, at 1:00 PM, in with more than half of the state living in child care ate with lower ratios. Child care centers need to know Room 171 of the Capitol Annex. Greg Hager, Com- deserts. Th e problem of a lack of child care is only how long the lower ratios will be mandated. She wants mittee Staff Administrator, called the meeting to order, going to get worse. Th ere has been some fi nancial the governor to call her. and the secretary called the roll. Committee members assistance for child care centers. He said the meeting Ms. Donelan said that she has operated a child and guests have been authorized to participate in the would begin with testimony from those who run child care center for 22 years. Her center has 92 children and meeting remotely. care centers, with the hope that administration offi - a four-star rating. Ms. Donelan said that she received Present were: cials will be responsive to their concerns. PPP funding, CARES Act funding, an economic inju- Members: Senator Danny Carroll, Co-Chair; Ms. Washburn said that she has been in the busi- ry disaster loan, and a Small Business Administration Representative Lynn Bechler, Co-Chair; Senators Tom ness for 21 years. Hers is the only privately-owned, loan. Th e loans have to be paid back. Her center can- Buford, Michael J. Nemes, Reginald Th omas, Stephen nationally certifi ed early child care center in western not last for more than a month at limited capacity. She

34 2020 Interim LEGISLATIVE RECORD provided a handout that showed the loss of revenue ters remained open, there have been no substantiated get quality child care. Th e chamber offi ce has hired for the 12 weeks her center has been closed and the COVID-19 cases. Centers serving medically fragile child care professionals so that staff can bring children expected decline in revenue when the center reopens children have been allowed to remain open in Ken- into the offi ce one day per week. with the new guidelines on June 15. She suggested that tucky. He only recently realized that his center quali- Senator Th omas said that early childhood edu- centers be allowed to operate at full capacity on July 6. fi ed. He described the extensive sanitizing procedures cation has been a top priority of his. Th ere is a diff er- She said that centers should be compensated for losses his center and others use. He said that in some cases ence between early childhood education and going to while at reduced capacity as Ohio does. Child care is it is safer for a child to be in child care than at home. a child care center. Kentucky has a serious persistent essential for workforce development. Ms. Grabowsi said that child care centers are achievement gap that begins at kindergarten. He said Ms. Veillon said that she and Ms. Roark were also good at monitoring the health of children. Disinfect- that he hopes the committee will take an in-depth co-owners of a pediatric therapy center. Ms. Roark ing and handwashing are routine. look at mandatory early childhood education in Ken- stated that they have been in business for 1.5 years and Senator Carroll said that the inconsistent rules tucky this year. they were about to make a payment on their business are detrimental to families, children, and child care Senator Nemes stressed that child care centers loan when they were forced to close during the pan- centers. are small businesses that provide employment. It is im- demic. Ms. Roark said that they received a PPP small In response to a question from Senator Carroll portant to have professionals at these facilities. When business loan but have been hesitant to use it. Th ey re- as to whether they have had to turn children away, all he was at the Education and Workforce Development ceived CCAP funding, but it is only 15 percent of rev- the child care providers in the room nodded yes. Ms. cabinet, they stressed apprenticeship programs to help enue. Payroll is the largest expense. Ms. Veillon stated Barker said that the state pays for children on the as- with this. that they operate in an underserved rural area. It is sistance program whether they show up at the child In response to questions from Representative unknown how the children who are not served will re- care center or not. Bechler, Ms. Watts said that there were three children ceive quality care while the center operates at reduced Senator Th omas said that there has not been a per caregiver at the chamber. No one involved has capacity. Ms. Roark said they have been fl ooded with rash of cases in child care centers. He stated that 17 contracted COVID-19. phone calls when the reopening date was announced. of the COVID-10 deaths in Kentucky have been chil- Mr. Friedlander began the Cabinet for Health Th ey would like to have higher ratios; their capacity is dren 10 years old and younger. Given this, he asked and Family Services presentation by stating that there 79 children and they lost eight spots. Ms. Roark esti- whether it was prudent to have shut down child care were many unknowns at the time of Kentucky’s fi rst mated that they lost about $3,800 from the eight spots centers for a period of time. Ms. Barker said that these confi rmed COVID-19 case on March 6. Th ere was and have $1,600 in additional staff expenses. She said are not confi rmed COVID-19 cases. It was not neces- a concern that health care facilities would be over- that they pay more than minimum wage but cannot sary to shut down child care centers. Senator Th omas run, so aggressive steps were taken. Th e result is that off er health insurance. Ms. Veillon stated that they said that his source of information is the governor’s Kentucky’s rates of death from COVID-19 are lower have received some income from their pediatric cen- press conferences. Ms. Barker said that she had not than almost all surrounding states. Underfunding ter being open. Th ey do not plan to raise tuition rates. seen that information. child care is a national and state issue. Ms. Vanover Ms. Roark indicated that she was scared of what will Senator Th omas stated that COVID-19 is an air- described the timeline of school and child care pro- happen, especially with contact tracing and how that borne disease and asymptomatic people could be car- gram closures in Kentucky. Ms. Moore described the will trickle down to the centers. She said that they are riers. He suggested that it was prudent to not allow creation, capacity, location, and monitoring of LDCs, planning to open on June 15. parents in the facility. Ms. Grabowski gave examples which provide care for children of fi rst responders In response to a question from Senator Carroll, of the child care centers at Ford and Toyota that have and essential workers. Mr. Friedlander said that as the Ms. Roark confi rmed that 80 percent of respondents not been limited. She said that her doctor stated that need for LDCs became apparent, the cabinet contact- to a recent survey indicated that they will have to in- most people will get some version of the virus but it ed YMCAs because they have lots of space and are lo- crease tuition rates. will primarily aff ect older people. Senator Carroll cated statewide. Ms. Moore said that in communities Ms. Grabowski said that she owns two child care asked Senator Th omas to provide his source of infor- without YMCAs, facilities could partner with child centers in Jeff erson County. She provided a handout mation for the 17 deaths. Senator Th omas said that he care centers. Ms. Vanover described two federal fund- showing the loss of revenue for the 12 weeks the cen- would do so. Ms. Washburn said the death statistics ing sources: CCAP and the CARES Act. More than ters were closed and the expected loss when they re- from the governor’s website are 1 death for ages 0-9, $40 million of the $67.4 million in CARES child care open at reduced capacity. She had assumed that the none for 10 to 19. Other areas at which children con- aid was used to pay child care providers a one-time sti- capacity limits would be temporary until groups of 50 gregate that are being allowed to open do not have the pend of $225 per child. CARES funding may be used are allowed on June 29. Th e guidelines for reopening same health and safety standards as child care centers. to install temporary walls so that more than one class are arbitrary and devastating. Of the fi ve states that Ms. Watts said that as a mother of two she appre- can be in a room, which would be helpful in meeting closed child care centers, Kentucky and Massachusetts ciates the need for quality child care. Th e chamber has the guidelines on limiting capacity. During the course were the last to reopen. Tennessee and Indiana paid long been a strong advocate for quality child care. Th is of the pandemic, the Division of Child Care has issued child care centers for loss of income. Only 18 percent is not just a small business issue. Parents need high more than $75 million to child care centers. She out- of children in Kentucky child care centers are enrolled quality child care to participate in the workforce. Chil- lined the plan to reopen child care programs in Ken- in CCAP. Kentucky had 82 LDCs that provided care dren need quality care to provide a foundation for life. tucky. Maximum group size is 10 children. Groups for approximately 2,500 children. Th ey were not asked Half of children entering kindergarten in Kentucky are should not be combined during the day. Ms. Moore to decrease their child-to-staff ratios. No child, staff , not ready. Th e chamber has worked with legislators to concluded the presentation with a status report on the or parent at an LDC has tested positive for COVID-19. ensure that all children in Kentucky have the opportu- implementation of Senate Bill 45. If she had seen the new regulations earlier, she would nity for early childhood education. She cited statistics In response to a question from Representative not have told parents that her centers could provide on states each losing hundreds of millions or billions Koenig, Ms. Moore confi rmed that there were no care. Th e two main problems with the guidelines are of dollars in breakdowns in child care. She said that COVID deaths in LDCs, no child cases, and one adult the lower child-to-staff ratio and not being able to the chamber is hearing that lack of quality child care case. He asked for a comparison of the requirements combine classes. Centers can only provide virtual is the top impediment to businesses reopening. She for LDCs to the requirements for reopened child care tours, which hampers rebuilding the business. She is said that a recent survey by the National Association centers. Ms. Moore said the requirements were simi- already in debt, so she does not want to take out an- for the Education of Young Children indicated that 89 lar but generally less restrictive for LDCs. Ms. Vanover other loan. She may have to sell the property on which percent of child care centers in the US may perma- said that some LDCs went beyond the minimum re- one of her centers is located. It is imperative that the nently close. In Kentucky, a survey indicated that 42 quirements. Feedback from the LDCs and Centers for emergency regulations end by June 29. percent of child care providers are expected to perma- Disease Control (CDC) guidelines were used to create Senator Carroll stressed that health and safety is nently close because of the restrictions imposed due to the requirements for child care centers. Representative the top priority. Of the states in which child care cen- COVID-19. If this happens, 56,000 children will not Koenig asked why the new requirements should not

THE KENTUCKY GENERAL ASSEMBLY 35 be considered arbitrary. Ms. Vanover said that group have been avoided if private child care centers had tions but responses are lacking She stated that she had sizes are diff erent for the number of children coming stayed open. emailed Ms. Rodman on June 10 but did not receive a back. Families are moving through the community Senator Carroll asked whether there has been a response. Mr. Friedlander said that a response would more, so there is more risk for exposure. Mr. Fried- COVID-19 death of a child in a child care facility in be prepared for her questions. Ms. Barker responded lander said the LDCs had many fewer children. Th e the US. Mr. Friedlander said that he was aware of out- that the governor could call her directly about her risk is greater now given there will be hundreds of breaks in child care centers in other states but could questions. thousands of children in child care. Ms. Vanover said not answer conclusively about deaths because the data Ms. Washburn reiterated that child care centers that a number of states, including Kentucky, aligned are not always clear in other states. provided quality education by describing the quali- their reopening requirements with CDC guidelines. Senator Carroll read a question on behalf of Sen- fi cations of herself and her staff and the types of in- In response to questions from Senator Carroll, ator Buford, who asked whether there have been dis- struction they provide. She invited Senator Th omas to Ms. Vanover said that the timing of the ending of re- cussions at the cabinet level or in the governor’s offi ce visit her center, which he said that he would do. Sena- strictions will be based on the data. Mr. Friedlander about making up lost revenue to centers. Mr. Fried- tor Th omas said he wants the state to fund early child- said that it is hard to give a time frame because it will lander said they are limited by the budget and are try- hood education due to existing achievement gaps. Ms. be based on the spread of the virus, which is largely ing to use federal funds. Washburn asked Senator Th omas to clarify his state- unpredictable. In response to questions from Senator Carroll, ments to indicate there are no publicly funded early Senator West asked Mr. Friedlander about the Ms. Vanover said that the Child Care Council of Ken- childhood education programs in the state. 477 COVID-19 deaths in Kentucky. He asked if it had tucky created a work group that worked for weeks to to be proven that individuals died from COVID-19 develop recommendations for reopening child care Senator Carroll said many people do not have or if deaths listed as COVID-19-related meant that centers. She attended all its virtual meetings. Ideas access to child care. He agreed that early childhood COVID-19 was a contributing factor. Mr. Fried- from the work group were used. Information was also education needs to be funded. lander responded that if people are diagnosed with used from CDC, the Department for Public Health, Th e meeting was adjourned at 3:42 p.m. COVID-19, then it is listed as a contributing factor. and other states. Child care providers were consulted. Senator West then asked why child care was not con- Mr. Friedlander said that legislators were not consult- Administrative Regulation Review sidered essential since Kentucky was not a hotspot area ed because the process was moving quickly, but they like New York. Mr. Friedlander responded that they are listening now. Senator Carroll said that this is aft er Subcommittee Minutes of the June Meeting did not want Kentucky to become a hotspot. Senator the fact. People in the legislature have expertise and June 9, 2020 West asked why the regulations related to reopening could have contributed. Legislators are supposed to child care centers did not go through the usual legisla- represent people but they have been shut out of the Call to Order and Roll Call tive review process. Mr. Friedlander said that the ordi- process. Th e June meeting of the Administrative Regu- nary regulations would not have an immediate eff ect, In response to questions from Senator Th omas, lation Review Subcommittee was held on Tuesday, which is why they needed the emergency regulations. Mr. Friedlander said that the health and safety of fam- June 9, 2020, at 1:00 PM, in Room 171 of the Capitol Ms. Vanover indicated that the emergency regulations ilies and children have been the fi rst priority but that Annex. Representative David Hale, Chair, called the were temporary. Senator West said that it was good there was and is a lot of uncertainty. Death rates are meeting to order, and the secretary called the roll. to hear it was an emergency and not a way to prevent signifi cantly lower in Kentucky than in other states. Present were: public comment. Senator West asked whether consid- Senator Westerfi eld said that he does not under- Members: Senator Stephen West, Co-Chair; eration was given to the economic impact for the child stand the inconsistency in what is closed and open. He Representative David Hale, Co-Chair; Senators Julie care centers. Dr. Vanover said yes and that there was and other senators have sent emails to the appropriate Raque Adams, Alice Forgy Kerr, and Reginald Th om- communication with directors of child care centers. cabinets and offi cials in the governor’s offi ce. Th ere as; Representatives Deanna Frazier, Mary Lou Mar- Mr. Friedlander said it was a diffi cult balancing public was only one reply, which was just to acknowledge the zian, and Tommy Turner. health with business. email was being forwarded. He asked whom legisla- Guests: Johanna Ballinger, Mike Nickles, Mi- Senator Carroll said that he appreciated the bal- tors should contact about concerns they are hearing chael Wilson, Secretary of State; Larry Hadley, An- ancing act but it was time to realize the worst case sce- from their constituents. Mr. Friedlander thanked the thony Grey, Board of Pharmacy; Jeff Allen, Board of nario has not happened. He said that people will lose senator for the statement about his children. He said Dentistry, Morgan Ransdall, Board of Nursing; Chuck their livelihoods. He asked why Kentucky is being so that Ms. Rodman is the point of contact for CHFS for O’Neal, Jeff rey Walther, John Wood, Board of Emer- restrictive given the positive experience of other states. responding to legislators. In the governor’s offi ce, con- gency Medical Services; Clint Quarles, Department of Mr. Friedlander responded that other states that have tacts are Dorsey Ridley and Rocky Adkins. Senator Agriculture; Amy Cubbage, Kimberlee Perry, Chuck been more aggressive in reopening have experienced Westerfi eld stated that Ms. Rodman has been respon- Stribling, Robin Maples, Kristi Lowry, Labor Cabinet; an increase in COVID-19 cases. sive, but she is the exception. Th e lines of communi- Kate Shanks; Mark Guifoil, Jamie Eads, Jennifer Wols- Representative Bechler said that term used cation between the administration and the legislature ing, Bob Brady, Kentucky Harness Association, Joe should be orders, not guidelines. He asked whether have not been open in general. Costa, Red Mile; Ken Jackson, Kentuckiana Farms; data can be provided that supports the new regula- Senator West said that business owners should Mike Ziegler, Churchill Downs; Jim Avritt, Jr., Mike tions for child care centers. Mr. Friedlander said that receive clarifi cation. He was willing to give a pass to Meusser, Kentucky Harness Horseman’s Association; data could be provided on state death and infection the administration for the fi rst 30 days of action. He Bruce Howard; Laura Begin, Elizabeth Caywood, Kara rates in general. Representative Bechler said that he said that Kentucky has the highest increase in unem- Daniel, Wesley Duke, Jason Dunn, Adam Mather, wants to see this data, but the subject of this meeting ployment in the US, which will aff ect state revenue. Wendy Morris, Kelli Rodman, Misty Sammons, Jona- is children; data related to children are needed. Mr. State government has an anticipated $1 billion short- than Scott, Donna Little, Cabinet for Health and Fam- Friedlander said the epidemiological presentation on fall over the biennium. Anyone who wants fi nancial ily Services; Wade Stone, Med Health Center; Mike how the virus might spread in a facility will be pro- help from the government should probably rely on Sherrod, Tristar Greenview Hospital; Erich Black- vided. Representative Bechler commented that this federal funds. Th e best way the state can help is to get burn, Pikeville Medial Center; Janet Craig, Stites and is what might happen; it is not data about what did child care centers open quickly with as much fl exibil- Harbison; Betsy Johnson, Association of Health Care happen. ity as possible. Facilities/ Centers for Assisted Living; Heidi Schissler Senator Nemes commented that LDCs took the Ms. Barker said that child care centers do pro- Lanham; Department of Protection and Advocacy. place of private child care centers at taxpayer expense. vide education. She said she called every state and LRC Staff : Sarah Amburgey, Stacy Auterson, In response to his question, Ms. Vanover said the $250 only a few closed child care centers. Some centers, in- Emily Caudill, Ange Darnell, Emily Harkenrider, Kar- payment to LDCs was per child based on maximum cluding hers, that applied to be LDCs were denied. She en Howard, Carrie Klaber, and Christy Young. program capacity. Senator Nemes said this cost could said that she has a large email group that asks ques- Th e Administrative Regulation Review Subcom- mittee met on Tuesday, June 9, 2020, and submits this

36 2020 Interim LEGISLATIVE RECORD report: in response to public comments but did not further against defi ciency, this administrative regulation, as Th e subcommittee determined that the follow- amend this administrative regulation in response to amended, was found defi cient. ing administrative regulation was defi cient pursuant public comments. Senator Th omas explained his no vote. He stat- to KRS 13A.030(2)(a): In response to a question by Co-Chair West, Mr. ed that there seemed to be a discrepancy regarding LABOR CABINET: Department of Workplace Stribling stated that an employer’s requirement to re- the public comment period. Commerce Lex had not Standards: Division of Occupational Safety and port an employee’s hospital admission for diagnostics brought this concern to his attention, although they Health Compliance: Division of Occupational Safety or observation was added, because sometimes a for- had been in close contact with him recently. and Health Education and Training mal hospitalization would continue as a response to Representative Marzian explained her no vote. 803 KAR 2:180. Recordkeeping, reporting, sta- diagnostics or observation. Th ere was currently no She stated that she agreed with the comments by tistics. Amy Cubbage, general counsel; Kimberlee reporting requirement for that situation. Th e division Senator Th omas. Additionally, this was a very tepid Perry, commissioner; and Chuck Stribling, occupa- might miss statistics that would point to trends that worker-protection requirement that was needed for tional safety and health federal – state coordinator, needed to be addressed for employee safety. A report employee safety. represented the division. Kate Shanks, vice president, did not automatically result in an inspection being Compiler’s Note: Pursuant to KRS 13A.335(3) Kentucky Chamber of Commerce, appeared in oppo- performed. Most employers reported out of an abun- (a), a new Section 4 was added to this administrative sition to this administrative regulation. dance of caution. Last year, the division inspected regulation to refl ect the fi nding of defi ciency. In response to questions by Senator Raque Ad- approximately forty-four (44) percent of facilities in Administrative Regulations Reviewed by the ams, Ms. Perry stated that 803 KAR 2:180 was more response to a report. Th e data was necessary to track Subcommittee: stringent than federal requirements. Kentucky was a incidents, trends, and division response rates. A con- SECRETARY OF STATE: Notary Public State Plan State, which required Kentucky to be at least sultant, rather than a compliance offi cer, would be in- 30 KAR 8:005 & E. Notary Public applications as eff ective, or more protective, than federal OSHA re- volved in the response to a report. and electronic and online registrations. Mike Wilson, quirements. Th is administrative regulation required In response to a question by Senator Raque Ad- director of business services and deputy general coun- an employer to report an incident that resulted in ams, Mr. Stribling stated that there was a potential for sel, represented the Secretary of State. an employee hospitalization, including hospital ad- a fi ne for an employer that did not report an incident. In response to a question by Co-Chair Hale, Mr. mission for diagnostics or observation. Th e division Failure to report an incident was usually determined Wilson stated that this administrative regulation im- needed this data for statistical and tracking purposes by an employee fi ling a complaint. plemented changes commensurate with Senate Bill to determine trends. Th ese trends were not statutori- In response to questions by Co-Chair West, Ms. 114 from the 2019 Regular Session of the General ly required to be monitored, and a statistical survey Perry stated that the division respectfully declined to Assembly. Social distancing requirements related to service tracked these trends. Hospitalization tracking defer consideration of this administrative regulation coronavirus (Covid 19) further necessitated this ad- had been in place since 2006. Th e new requirements to the July subcommittee meeting. Mr. Stribling stated ministrative regulation, which provided for remote included hospital admission for diagnostics or obser- that Section 2 of this administrative regulation includ- and electronic notarization. vation. Senator Raque Adams stated that it might be ed federal requirements that applied to several other In response to questions by Co-Chair West, Mr. advisable to work further with stakeholders. administrative regulations in this package, which had Wilson stated that “electronic notarization” meant Co-Chair West stated that prior to this amend- to become eff ective within six (6) months. Th e feder- notarizations for electronic records, while “remote ment, employers were required to report employee al deadline, which had already passed, made deferral on-line notarization” was a more general category, hospitalizations related to work. Th e employer decid- diffi cult for the division. Th e previous administration which included notarizations performed for a remote- ed which incidents were work related. Th e amend- did not wish to go forward with this administrative ly located individual. Th ese two (2) distinct categories ment reversed that system, so that the division would regulation until aft er the 2019 election; therefore, this were clarifi ed by this administrative regulation. Th e determine which incidents were work related, not the change had been postponed and had missed the fed- authorizing statute did have ambiguities regarding employer. In response to questions by Co-Chair West, eral deadline. this matter that might be clarifi ed through future leg- Ms. Perry stated that all incidents were now report- In response to a question by Representative Fra- islation. able to the division. A report would not necessarily zier, Ms. Perry stated that the division respectfully A motion was made and seconded to approve the cause an inspection to be performed. Th ere had been declined to defer consideration of this administrative following amendments: to amend the NECESSITY, incidents under the 2006 reporting system. An em- regulation, even if the deferral is for this administra- FUNCTION, AND CONFORMITY paragraph and ployer, for example, reported that an employee had tive regulation only and separate from the other ad- Sections 1 through 8 to comply with the draft ing and experienced a fatal heart attack at work. Later, it was ministrative regulations in this package, to the July formatting requirements of KRS Chapter 13A. With- determined that the employee had not had a heart subcommittee meeting. out objection, and with agreement of the agency, the attack, but seemed to have died from a work-related In response to a question by Representative Mar- amendments were approved. incident. Ms. Cubbage stated that no public hearing zian, Mr. Stribling stated that, aft er this subcommittee BOARDS AND COMMISSIONS: Board of was requested but that the division had received writ- meeting, this administrative regulation would pro- Pharmacy ten public comments. Co-Chair West stated that more ceed on to the subject matter committee. 201 KAR 2:175. Emergency/Seventy-two (72) time for public input seemed prudent. A motion was made and seconded to approve hour prescription refi lls. Anthony Gray, general coun- In response to a question by Co-Chair Hale, Ms. the following amendments: to amend Sections 1 and sel, and Larry Hadley, executive director, represented Shanks stated that the Kentucky Chamber of Com- 2 to comply with the draft ing and formatting require- the board. merce was opposed to this administrative regulation ments of KRS Chapter 13A. Without objection, and A motion was made and seconded to approve the because this administrative regulation was more strin- with agreement of the agency, the amendments were following amendments: to amend the TITLE; the NE- gent than the federal requirements, and the reason approved. CESSITY, FUNCTION, AND CONFORMITY para- for the increased stringency was unclear. Additional Co-Chair West made a motion, seconded by graph; and Section 1 to comply with the draft ing and training for employers regarding these changes would Senator Raque Adams to fi nd this administrative reg- formatting requirements of KRS Chapter 13A. With- be necessary; therefore, the chamber requested more ulation defi cient. Co-Chair West withdrew his initial out objection, and with agreement of the agency, the time for this conversation. motion to clarify the motion. Co-Chair West made a amendments were approved. In response to questions by Representative Mar- clarifi ed motion, seconded by Senator Raque Adams 201 KAR 2:230. Special limited pharmacy permit zian, Ms. Shanks stated that the Kentucky Chamber of to fi nd 803 KAR 2:180, as amended, defi cient, while – Central Fill. Commerce commented during public comment peri- allowing the other administrative regulations in this A motion was made and seconded to approve the od, along with Greater Louisville Incorporated, North- package to continue through the process. A roll call following amendments: to amend the STATUTORY ern Kentucky Chamber of Commerce, and Commerce vote was conducted, and with fi ve (5) votes to fi nd the AUTHORITY and NECESSITY, FUNCTION, AND Lex. Th e division fi led a Statement of Consideration administrative regulation defi cient and three (3) votes CONFORMITY paragraphs and Sections 1 and 3 to

THE KENTUCKY GENERAL ASSEMBLY 37 comply with the draft ing requirements of KRS Chap- approved. Stribling, occupational safety and health federal – ter 13A. Without objection, and with agreement of the 201 KAR 20:370. Applications for licensure. state coordinator, represented the division. agency, the amendments were approved. A motion was made and seconded to approve the 803 KAR 2:320. Toxic and hazardous substances. Board of Dentistry following amendments: to amend the NECESSITY, 803 KAR 2:400. Adoption of 29 C.F.R. Part 1926 201 KAR 8:550. Anesthesia and sedation. Jeff Al- FUNCTION, AND CONFORMITY paragraph and Subpart A. len, executive director, represented the board. Sections 1 and 2 to comply with the draft ing require- 803 KAR 2:403. Occupational health and envi- A motion was made and seconded to approve ments of KRS Chapter 13A. Without objection, and ronmental controls. the following amendments: to amend Sections 1 and 4 with agreement of the agency, the amendments were 803 KAR 2:404. Personal protective and lifesav- through 6 to comply with the draft ing and formatting approved. ing equipment. requirements of KRS Chapter 13A. Without objection, 201 KAR 20:410. Expungement of records. 803 KAR 2:406. Signs, signals, and barricades. and with agreement of the agency, the amendments A motion was made and seconded to approve the A motion was made and seconded to approve the were approved. following amendments: to amend Sections 2 and 3 to following amendments: to amend the NECESSITY, In response to a question by Co-Chair Hale, Mr. comply with the draft ing requirements of KRS Chap- FUNCTION, AND CONFORMITY paragraph and Allen stated that 201 KAR 8:550 was being amend- ter 13A. Without objection, and with agreement of the Sections 1 and 2 to comply with the draft ing require- ed in response to a sunset review and updates to the agency, the amendments were approved. ments of KRS Chapter 13A. Without objection, and Americans with Disabilities Act. 201 KAR 8:590 was a COMMUNITY AND TECHNICAL COLLEGE with agreement of the agency, the amendments were new administrative regulation to implement teleden- SYSTEM: Board of Emergency Medical Services approved. tistry. 202 KAR 7:555. Ground agencies. Chuck O’Neil, 803 KAR 2:407. Materials handling, storage, use 201 KAR 8:590. Teledentistry. deputy executive director, and John Wood, counsel, and disposal. A motion was made and seconded to approve represented the board. 803 KAR 2:418. Underground construction, the following amendments: to amend the RELATES DEPARTMENT OF AGRICULTURE: Offi ce of caissons, coff erdams, and compressed air. TO; STATUTORY AUTHORITY; and NECESSITY, the Consumer and Environmental Protection: Egg A motion was made and seconded to approve the FUNCTION, AND CONFORMITY paragraphs and Marketing following amendments: to amend the RELATES TO Sections 1 through 6 to comply with the draft ing and 302 KAR 10:011. Repeal of 302 KAR 010:010, 302 and NECESSITY, FUNCTION, AND CONFORMI- formatting requirements of KRS Chapter 13A. With- KAR 010:020, 302 KAR 010:030, 302 KAR 010:040, TY paragraphs to comply with the draft ing require- out objection, and with agreement of the agency, the 302 KAR 010:050, 302 KAR 010:060, 302 KAR ments of KRS Chapter 13A. Without objection, and amendments were approved. 010:070, 302 KAR 010:080, and 302 KAR 010:090. with agreement of the agency, the amendments were Board of Nursing Clint Quarles, counsel, represented the department. approved. 201 KAR 20:057 Scope and standards of practice In response to a question by Co-Chair West, Mr. 803 KAR 2:422. Rollover protective structures; of advanced practice registered nurses. Morgan Rans- Quarles stated that the requirements for egg handling overhead protection. dell, general counsel, represented the board. in 302 KAR Chapter 10 did not apply to small-scale 803 KAR 2:425. Toxic and hazardous substances. In response to a question by Co-Chair Hale, Mr. egg producers. A motion was made and seconded to approve the Ransdell stated that the most substantive changes in 302 KAR 10:015. Egg grading and classifi cation. following amendments: to amend Sections 1 and 2 to this package of administrative regulations were the A motion was made and seconded to approve the comply with the draft ing requirements of KRS Chap- amendments to 201 KAR 20:057. Th is administrative following amendments: to amend Sections 1 through ter 13A. Without objection, and with agreement of the regulation established provisions related to self-pre- 3 to comply with the draft ing and formatting require- agency, the amendments were approved. scribing controlled substances and prescribing of con- ments of KRS Chapter 13A. Without objection, and 803 KAR 2:500. Maritime employment. trolled substances to family members. with agreement of the agency, the amendments were PUBLIC PROTECTION CABINET: Horse Rac- A motion was made and seconded to approve the approved. ing Commission: Th oroughbred Racing following amendments: (1) to amend Section 1 to add 302 KAR 10:025. License application, refusal, re- 810 KAR 1:001. Defi nitions. Marc Guilfoil, ex- a defi nition for “immediate family”; and (2) to amend vocation, suspension, and appeals. ecutive director; Ken Jackson, owner, Kentuckiana the RELATES TO and NECESSITY, FUNCTION, A motion was made and seconded to approve Farms, and commission member; and Jennifer Wols- AND CONFORMITY paragraphs and Sections 1, 2, the following amendments: to amend the RELATES ing, general counsel, represented the Horse Racing 4 through 7, 9, and 10 to comply with the draft ing and TO; STATUTORY AUTHORITY; and NECESSITY, Commission. Bob Brady, Kentucky Harness Associ- formatting requirements of KRS Chapter 13A. With- FUNCTION, AND CONFORMITY paragraphs; Sec- ation, and Joe Costa, president and CEO, Red Mile, out objection, and with agreement of the agency, the tions 2 through 7; and material incorporated by refer- appeared in support of this package of administrative amendments were approved. ence to comply with the draft ing requirements of KRS regulations. Jim Avritt, Jr., member, board of directors, 201 KAR 20:162. Disciplinary proceedings. Chapter 13A. Without objection, and with agreement Kentucky Harness Horsemen’s Association, and Mike A motion was made and seconded to approve the of the agency, the amendments were approved. Meusser, attorney for the Kentucky Harness Horse- following amendments: (1) to amend Section 2 to al- 302 KAR 10:100. Refrigeration of eggs and tem- men’s Association, appeared in opposition to 810 KAR low video recording in lieu of transcription by a court perature requirements. 5:060, 810 KAR 5:070, 810 KAR 7:040, and 811 KAR stenographer; (2) to amend Section 7 to delete pro- Offi ce of the State Veterinarian: Livestock, Poul- 1:250. visions for fi nancial hardship waiver of hearing costs; try, and Fish In response to a question by Co-Chair West, and (3) to amend the NECESSITY, FUNCTION, AND 302 KAR 22:050. Stockyards. Ms. Wolsing stated that 810 KAR 5:070, 810 KAR CONFORMITY paragraph and Sections 2, 5 through A motion was made and seconded to approve 7:040, and 811 KAR 1:250 established a new Kentucky 7, and 10 to comply with the draft ing and formatting the following amendments: to amend the RELATES Harness Association (KHA), as authorized by KRS requirements of KRS Chapter 13A. Without objection, TO paragraph and Sections 1, 2, 4, 6, and 8 to comply 230.215. Th ese three (3) administrative regulations and with agreement of the agency, the amendments with the draft ing and formatting requirements of KRS passed the Horse Racing Commission in an eight (8) were approved. Chapter 13A. Without objection, and with agreement to zero vote. Th e new KHA would serve on the Sire 201 KAR 20:230. Renewal of licenses. of the agency, the amendments were approved. Stakes Panel and would have authority to enter into A motion was made and seconded to approve the LABOR CABINET: Department of Workplace contracts with racing associations in Kentucky. Th e following amendments: to amend the NECESSITY, Standards: Division of Occupational Safety and goal of this package of administrative regulation was FUNCTION, AND CONFORMITY paragraph and Health Compliance: Division of Occupational Safety for consistency among administrative regulations Sections 2 and 3 to comply with the draft ing require- and Health Education and Training within the commission in order to foster improve- ments of KRS Chapter 13A. Without objection, and 803 KAR 2:300. General. Amy Cubbage, general ments to the standardbred industry. Th e thoroughbred with agreement of the agency, the amendments were counsel; Kimberlee Perry, commissioner; and Chuck industry in Kentucky had two (2) horsemen’s groups.

38 2020 Interim LEGISLATIVE RECORD Having more than one (1) association achieved two had been in existence for forty-seven (47) years. Th is 810 KAR 2:001. Defi nitions. (2) goals, including preventing a monopoly and giving matter was not adequately vetted by the Horse Racing A motion was made and seconded to approve the Horse Racing Commission options regarding with Commission; very few questions were asked, and the the following amendments: to amend the RELATES whom to contract. Neither thoroughbred association new KHA’s bylaws were not submitted. Rank-and-fi le TO; STATUTORY AUTHORITY; and NECESSITY, had been left out of the process. Other major racing horsemen were not included in the discussions. Th e FUNCTION, AND CONFORMITY paragraphs and jurisdictions in the US, including New York and Penn- three (3) facilities that failed did not fail because of the Section 1 to comply with the draft ing and formatting sylvania, had multiple associations. Th e commission’s association. Th e association tried to keep those facil- requirements of KRS Chapter 13A. Without objection, goal was for the standardbred industry to come to the ities open. and with agreement of the agency, the amendments same level of competency, cooperation, and diligence Senator Th omas stated that he had built his rep- were approved. as was found in the thoroughbred industry, by repre- utation on supporting the underdog and that he was Flat and Steeplechase Racing senting a diverse array of interests. therefore sensitive to Mr. Avritt’s situation; however, 810 KAR 4:030. Entries, subscriptions, and dec- In response to questions by Co-Chair Hale, Mr. the commission’s statement from the Statement of larations. Jackson stated that it was time for change in Kentucky Consideration seemed to have been taken out of con- A motion was made and seconded to approve the regarding the standardbred industry. Th ree (3) race- text. Th e commission stated in the Statement of Con- following amendments: to amend Sections 3 and 17 to tracks: Th under Ridge, Player’s Bluegrass Downs, and sideration that the commission did not expect there to comply with the draft ing requirements of KRS Chap- Louisville Downs, had failed in this state during the be a negative impact on the existing association’s abil- ter 13A. Without objection, and with agreement of the last thirty (30) years. Th under Ridge and Player’s Blue- ity to contract with tracks and tracks would be able to agency, the amendments were approved. grass Downs both closed within the last four (4) years. contract with both associations simultaneously, which Standardbred Racing Th ese facilities closed due to lack of a viable product would be good for the racing industry as a whole. 810 KAR 5:001. Defi nitions. for fans. Th e purpose of the new KHA was to bring Th e Statement of Consideration also stated that rac- A motion was made and seconded to approve the together the many components needed to support and ing might be improved and might not be sustainable following amendments: to amend the TITLE; the NE- advance the standardbred industry in Kentucky. otherwise. Kentucky’s signature industries, such as CESSITY, FUNCTION, AND CONFORMITY para- In response to questions by Representative Fra- bourbon and racing, should continue to be improved graph; and Section 1 to comply with the draft ing and zier, Mr. Jackson stated that the new KHA was formed as much as possible. Mr. Avritt stated that the existing formatting requirements of KRS Chapter 13A. With- in November 2019. Th ere were three (3) original association had diligently supported racing for for- out objection, and with agreement of the agency, the members, but more members were expected. Th e new ty-seven (47) years in Kentucky. Th oroughbred and amendments were approved. KHA was developed methodically. Mr. Avritt stated standardbred racing were not congruous, and what 810 KAR 5:060. Entries and starters. that Mr. Jackson was the horsemen’s representative benefi ted the much larger thoroughbred industry 810 KAR 5:070. Running of the race. to the commission during the discussion of the new would not necessarily benefi t the smaller standard- A motion was made and seconded to approve KHA. He had a confl ict of interest and did not abstain bred industry. Other states did not have competing as- the following amendments: to amend the RELATES from voting on this matter. sociations with contracts at the same facilities because TO; STATUTORY AUTHORITY; and NECESSITY, In response to questions by Co-Chair Hale, Ms. it was disadvantageous to the members. FUNCTION, AND CONFORMITY paragraphs and Wolsing stated that New York and Pennsylvania both In response to questions by Co-Chair West, Mr. Sections 1, 3 16, 26, 27, 39, 41, 43, 48, and 56 to com- had multiple standardbred horsemen’s representatives Avritt stated that matters of contract for the associa- ply with the draft ing and formatting requirements of groups. Mr. Guilfoil stated that New York had four (4) tions included number of racing days, simulcast di- KRS Chapter 13A. Without objection, and with agree- and Pennsylvania had two (2). Mr. Jackson stated that vision, and division of wagers. Competition between ment of the agency, the amendments were approved. Ontario had more than one (1) association. associations would put members at a disadvantage in Incentive and Development Funds In response to a question by Co-Chair Hale, Mr. these matters. Th e simulcast and wager money was 810 KAR 7:040. Kentucky Standardbred Devel- Avritt stated that, as a breeder, owner, racer, and trainer, used to generate purses, which then fl owed to the opment Fund and Kentucky Standardbred Breeders’ he was opposed to establishing a second standardbred horsemen. Horsemen did not get money directly from Incentive Fund. horsemen’s association. In addition, he was a member the association. Th e money was also used to generate A motion was made and seconded to approve the of the board of directors for the existing KHHA. Th ere funding for the Sire Stakes Program. Th e new KHA following amendments: to amend the RELATES TO were concerns regarding nepotism because Mr. Jack- was interested in money. and NECESSITY, FUNCTION, AND CONFORMI- son was on the Horse Racing Commission and Mr. In response to a question by Co-Chair Hale, Ms. TY paragraph and Sections 1, 2, 5, 6, 12, 15, and 23 Jackson’s brother-in-law, Bob Brady, was also involved Wolsing stated that the Red Mile agreed in their letter to comply with the draft ing and formatting require- in the new KHA. Mr. Jackson and his brother-in-law that the existing association had worked hard to sup- ments of KRS Chapter 13A. Without objection, and were also stakeholders in other horse businesses. Th e port the standardbred industry. Th e industry had be- with agreement of the agency, the amendments were new KHA would establish contracts with these very come more diverse and could benefi t from additional approved. entities. Th is was an obvious confl ict of interest and a representation. Mr. Jackson stated that the industry Harness Racing threat to members of the new association. Th e current had seen signifi cant improvement and needed to be 811 KAR 1:250. Exotic wagering. association worked well to fulfi ll Kentucky’s standard- represented by professionals who supported the entire A motion was made and seconded to approve bred needs. New York and Pennsylvania did have mul- industry, rather than allowing more tracks to fail. Th e the following amendments: to amend the RELATES tiple standardbred horsemen’s associations; however, new KHA expected to have hundreds of members in TO; STATUTORY AUTHORITY; and NECESSITY, none competed against each other at the same tracks. the future. Mr. Avritt stated that the new KHA cur- FUNCTION, AND CONFORMITY paragraph and Th e commission’s Statement of Consideration stated rently did not have enough members. Th e existing Sections 2 through 7 to comply with the draft ing re- that the new association could be used to take advan- association was not responsible for track failures. Th e quirements of KRS Chapter 13A. Without objection, tage of the members. Th e thoroughbred industry in industry was not more diverse than in years past. and with agreement of the agency, the amendments Kentucky only had two (2) associations because, in A motion was made and seconded to approve were approved. the 1980s, Churchill Downs was having diffi culty and the following amendments: to amend the STATU- CABINET FOR HEALTH AND FAMILY SER- decided to form its own negotiating association. Many TORY AUTHORITY and NECESSITY, FUNCTION, VICES: Kentucky Health Program: Medicaid Services sports teams did not have multiple associations be- AND CONFORMITY paragraphs and Sections 1 and 895 KAR 1:002E. Repeal of 895 KAR 001:001, cause it was detrimental to members. It was a race to 2 to comply with the draft ing and formatting require- 895 KAR 001:010, 895 KAR 001:015, 895 KAR the bottom. Th ere was nothing that required the new ments of KRS Chapter 13A. Without objection, and 001:020, 895 KAR 001:025, 895 KAR 001:030, 895 KHA to have more than three (3) members. Th ree (3) with agreement of the agency, the amendments were KAR 001:035, 895 KAR 001:040, 895 KAR 001:045, members was inadequate and put too much power in approved. 895 KAR 001:050, and 895 KAR 001:055. Kelli Rod- the hands of a small group. Th e existing association General man, executive director, and Jonathan Scott, regulato-

THE KENTUCKY GENERAL ASSEMBLY 39 ry and legislative advisor, represented the cabinet. Kentucky had been hard-hit by coronavirus (Covid A motion was made by Representative Frazier In response to questions by Co-Chair West, 19), which could impact EMS access, especially if and seconded by Representative Turner to fi nd this Mr. Scott stated that this administrative regulation there were EMS employee infections with only one (1) administrative regulation defi cient. A roll call vote was fi led as an emergency because of concerns about provider. Redundancy was going to be important re- was conducted. Th ere being two (2) votes to fi nd this on-going litigation costs. Th is situation complied with garding coronavirus (Covid 19.) Mr. Sherrod request- administrative regulation defi cient and six (6) votes the statutory requirements for an emergency admin- ed that the subcommittee move all EMS providers to not to fi nd this administrative regulation defi cient, the istrative regulation. Litigation was related to federal nonsubstantive CON review or fi nd this administra- motion failed. Medicaid laws. Co-Chair West stated that he was con- tive regulation defi cient. Senator Th omas explained his no vote. Th ere was cerned about overuse of the emergency administrative In response to a question by Co-Chair Hale, Mr. no indication that Bowling Green had a public health regulation process and, in the future, more scrutiny Blackburn stated that Pikeville Medical Center was crisis regarding EMS providers. Th e current EMS pro- would be placed on determining which administrative opposed to this administrative regulation. All EMS vider seemed adequate, and the CON process was in regulations truly were the result of an actual emergen- providers should be subject to only nonsubstantive progress. If there was a need for a second EMS provid- cy. CON review. Patients usually needed an EMS provider er, that would be determined through the CON review Offi ce of Inspector General: Division of Certifi - due to accident, illness, or transfer from one (1) med- process. cate of Need: Certifi cate of Need ical facility to another or from a nursing home setting Department for Public Health: Division of 900 KAR 6:075 & E. Certifi cate of need nonsub- to a hospital and vice versa. Long wait times for any Healthcare: Health Services and Facilities stantive review. Adam Mather, inspector general, and of these situations could result in death or long-last- 902 KAR 20:036. Operation and services; person- Kara Daniel, deputy inspector general, represented ing eff ects. Transfer delays aff ected bed turnover and al care homes. Kara Daniel, deputy inspector general; the offi ce. Erich Blackburn, chief legal offi cer, Pikev- could aff ect all patients “upstream.” Adam Mather, inspector general; and Wendy Morris, ille Medical Center; Janet Craig, attorney, Stites and In response to a question by Co-Chair Hale, commissioner, represented the division. Betsy John- Harbison; and Mike Sherrod, CEO, TriStar Greenview Ms. Craig stated that the cabinet has stated that all son, president, Kentucky Association of Health Care Hospital, appeared in opposition to this administra- EMS providers cannot be classifi ed for nonsubstan- Facilities – Kentucky Center for Assisted Living, ap- tive regulation. Wade Stone, executive vice president, tive CON review because the cabinet lacked statutory peared in opposition to this administrative regulation. Medical Center Health, appeared in support of this authority to do so. Th e cabinet did have the authori- Heidi Schissler, legal director, Kentucky Department administrative regulation. ty. EMS provider delays caused death and signifi cant of Protection and Advocacy, appeared for questions. In response to questions by Co-Chair West, health eff ects. Coronavirus (Covid 19) created the In response to a question by Co-Chair Hale, Mr. Mr. Mather stated that this administrative regula- need for redundancy in EMS providers in case of em- Mather stated that this administrative regulation in- tion was fi led as an emergency because the previous ployee infections. Th e economic strain from corona- cluded substantive changes that required Personal amendment to this administrative regulation resulted virus (Covid 19) created additional problems related Care Home (PCH) staff to assist with a small number in specialty legislation, which only benefi ted one (1) to patient transport. Ms. Craig requested that the sub- of clients transitioning to other living situations with- provider in one (1) county. Originally, six (6) coun- committee move all EMS providers to nonsubstantive in the community. Th is assistance included helping ties were expected to have providers aff ected by the CON review. clients learn Activities for Daily Living (ADLs) and amendment. Ms. Daniel stated that potential loss of In response to questions by Representative Fra- Instrumental Activities for Daily Living (IADLs). Ms. state funds from the cost of on-going litigation was the zier, Mr. Sherrod stated that taxes were not an issue. Morris stated that there were federal requirements for stated reason for this administrative regulation. Th is Service areas were assigned geographically by road. state-funded supports for individuals who wished to emergency administrative regulation saved the cost of In response to questions by Co-Chair Hale, Mr. live in the community, rather than in a congregate set- on-going litigation because that litigation stopped as Sherrod stated that there had been instances in which ting. In 2013, the cabinet fi rst entered into an agree- the result of this fi ling. Co-Chair West stated that it a patient requested to be transported to one (1) facil- ment with Kentucky Protection and Advocacy, as a re- was diffi cult to prove that litigation stopped as the re- ity, but were instead transported to the hospital with sponse to the 1999 Olmstead decision. Th e settlement sult of an administrative regulation, and, in the future, which with EMS provider was directly affi liated. Th ere agreement had been amended twice since 2013. Staff more scrutiny would be placed on determining which were affi davits to that eff ect. Destination guidelines of Community Mental Health Centers identifi ed res- administrative regulations truly were the result of an were oft en disregarded. Medical reasons could be a idents who wished to transition from congregate set- actual emergency. factor in determining which hospital a patient was tings and worked with those individuals to develop a In response to a question by Co-Chair Hale, Mr. taken; however, that was rarely the issue. Mr. Black- transition plan to establish which skills the individual Sherrod stated that Kentucky was one (1) of four (4) burn stated that Pikeville Medical Center applied for needed to work on. PCH staff would then off er basic states with a Certifi cate of Need (CON) process. Th ere a CON in October 2019. A hearing was held with the instruction on any identifi ed ADL or IADL. Currently, were two (2) types of CON, substantive and nonsub- opposition to the CON. Th e hearing was delayed due there were seventeen (17) individuals in this situation stantive. Th e previous amendment to this administra- to coronavirus (Covid 19.) Judges in this matter had across the state who were actively transitioning. Th is tive regulation changed EMS provider requirements confl icts of interest because they sat on the board of low number was unrelated to coronavirus (Covid 19.) to establish a nonsubstantive CON process. Patient directors. Th e cabinet received feedback from PCHs and made care should always be the primary consideration. Th is In response to a question by Co-Chair Hale, Mr. changes to requirements based on that feedback. Th e change was a return to the substantive CON process. Stone stated that Medical Center Health, a not-for- training occurred during the normal workday. PCH Th ere was a lack of EMS access across Kentucky. For profi t hospital, supported this administrative regula- staff were not responsible for identifying skills that example, in Warren County, which was one (1) of the tion because Medical Center Health had supported needed improvement and were not responsible for fastest-growing counties, there were two (2) hospi- Warren County EMS for over forty (40) years. Warren ensuring that the client mastered the skills. PCH staff tals, which were three (3) miles apart. Th e only EMS County’s dispatch system was one (1) of only 250 ac- were with clients on a daily basis and were already re- provider was directly affi liated with one (1) of the two credited systems in the world. Warren County hon- quired by existing requirements to assist with ADLs. hospitals. Th e EMS provider seemed to favor deliver- ored patient choice, and reports to the contrary were Th is amendment added IADLs to the assistance re- ing patients to the ER of the hospital that was directly unsubstantiated. Th ere did not seem to be an emer- quirements. While there had not been an increase in affi liated with the provider. Steering patients to the gency situation when this administrative regulation funding for PCHs, the cabinet was working to address medically correct facility should be a high priority, was last fi led on an emergency basis. Surrounding fi nancial concerns. which could better be accomplished with more than EMS providers without affi liation with the hospital In response to questions by Co-Chair Hale, one (1) EMS provider in Warren County. EMS pro- also brought patients to Medical Center Health. Med- Ms. Johnson stated that the Kentucky Association of viders should only go through nonsubstantive CON ical Center Health accepted many patients with coro- Health Care Facilities – Kentucky Center for Assist- review in order to maintain patient choice. Lack of navirus (Covid 19,) not to benefi t the hospital, but in ed Living opposed this administrative regulation be- EMS access led to mortality and morbidity. Northern the interest of public health. cause the new requirements were burdensome and

40 2020 Interim LEGISLATIVE RECORD constituted an unfunded mandate. At the September vision of Family Support: K-TAP, Kentucky Works, amendment, which proposed to amend Section 13 2019 meeting of this subcommittee, the subcommit- Welfare to Work, State Supplementation to allow a qualifying PCH to receive an increased per tee asked the cabinet to meet further with stakehold- 921 KAR 2:015 & E. Supplemental programs for diem. Because there was not a second, the motion ers on this matter. Th e cabinet had not met with the persons who are aged, blind, or have a disability. Lau- failed. Kentucky Association of Health Care Facilities – Ken- ra Begin, regulation coordinator; Elizabeth Caywood, A motion was made and seconded to approve the tucky Center for Assisted Living to work on this ad- deputy commissioner; Kara Daniel, deputy inspector following amendments: to amend Section 6 to comply ministrative regulation but had met with Kentucky general; Adam Mather, inspector general; and Wen- with the draft ing requirements of KRS Chapter 13A. Protection and Advocacy. Th e subcommittee should dy Morris, commissioner, represented the division. Without objection, and with agreement of the agency, ask the cabinet to defer consideration of this adminis- Betsy Johnson, president, Kentucky Association of the amendments were approved. trative regulation to the July meeting in order to meet Health Care Facilities – Kentucky Center for Assisted Other Business: Co-Chair Hale introduced Sen- further with stakeholders. While there were currently Living, appeared in opposition to this administrative ator Reginald Th omas who was appointed to the sub- only seventeen (17) clients transitioning, there could regulation. Heidi Schissler, legal director, Kentucky committee to fi ll the senate vacancy previously held by be more in the future. PCHs were not a party to the Department of Protection and Advocacy, appeared Senator Perry Clark. settlement agreement but were subject to it. Bruce for questions. Co-Chair West stated that he was concerned Linder checked on this administrative regulation In response to questions by Senator Raque Ad- about overuse of the emergency administrative regu- every month, and the cabinet declined to meet with ams, Ms. Begin stated that the budget appropriation lation process and, in the future, more scrutiny would stakeholders every month. eff ective July 1, 2020, which established the 2.2 million be placed on determining which administrative reg- In response to a question by Co-Chair Hale, Mr. dollars, was titled “Mental Illness or Intellectual Dis- ulations truly were the result of an actual emergency. Mather stated that the cabinet did meet with stake- ability Supplemental Payments” and only specifi cally Th e following administrative regulations were holders. Th is was not an unfunded mandate. Corona- covered PCHs that served clients with mental illnesses deferred or removed from the June 9, 2020, subcom- virus (Covid 19) had caused delays with this admin- or intellectual disabilities. Ms. Morris stated that there mittee agenda: istrative regulation. Further deferral would likely not were currently seventeen (17) clients transitioning. BOARDS AND COMMISSIONS: Board of result in changes. Ms. Daniel stated that the cabinet Th e 2.2 million dollars was not solely for those seven- Pharmacy made changes twice to this administrative regulation teen (17) clients. Ms. Caywood stated that there were 201 KAR 2:050. Licenses and permits; fees. based on comments from stakeholders. Th e cabinet seventeen (17) PCHs that cared for up to 800 clients Board of Social Work and stakeholders disagreed regarding the issue of with mental illness or intellectual disabilities. PCHs 201 KAR 23:070. Qualifying education and clin- ADLs and IADLs, and further deferral was not expect- also served clients such as the aged and blind. Sena- ical practice under supervision. ed to result in additional changes. Ms. Morris stated tor Raque Adams stated that she preferred for these Real Estate Appraisers that collaboration was very important for the clients administrative regulations to be deferred to the July 201 KAR 30:130. Education provider, instructor, trying to transition. subcommittee meeting. Co-Chair West stated that he and course. In response to a question by Senator Raque Ad- too preferred deferral to straighten out confusion. Offi ce of Agricultural Marketing: Industrial ams, Ms. Johnson stated that there was a meeting with In response to a question by Representative Fra- Hemp the cabinet last week; however, that discussion was fo- zier, Ms. Begin stated the cabinet recognized that it 302 KAR 50:012. Repeal of 302 KAR 050:040 and cused on 921 KAR 2:015 & E, which was the next ad- was frustrating that the budget language might not be 302 KAR 050:050. ministrative regulation on the subcommittee’s agenda. as was intended. 302 KAR 50:020. Policies and procedures for In response to questions by Senator Th omas, Ms. Senator Th omas stated that these administrative hemp growers. Johnson stated that this situation was more complex regulations had already been delayed. Th e cabinet and 302 KAR 50:030. Policies and procedures for than described. PCHs were not part of the settlement stakeholders met last week without further resolution. hemp processors and handlers. agreement. Th ese requirements were intended for a It would be best for this matter to move forward. 302 KAR 50:055. Sampling and THC testing, higher level of professional, such as an occupational In response to a question by Co-Chair West, post-testing actions, disposal of noncompliant har- therapist. Most employees had high school diplomas. Ms. Begin stated that there were forty (40) PCHs, but vests. Senator Th omas stated that PCHs already taught some only seventeen (17) that were currently part of this 302 KAR 50:060. Fees for the Hemp Licensing of these skills. program. Ms. Caywood stated that funding all forty Program and forms. In response to a question by Co-Chair Hale, Ms. (40) PCHs would represent an entirely new program, EDUCATION AND WORKFORCE DEVELOP- Morris stated that there had been a long process to which could result in litigation. Ms. Schissler stated MENT CABINET: Department for Libraries and Ar- establish the current version of the settlement agree- that the settlement agreement required ADLs and chives: Division of Library Services: Libraries ment. Th is program was not occupational or other IADLs at all PCHs that served transitioning severe- 725 KAR 2:060. Certifi cation of public librarians. therapy. Th ere had been a new appropriation of 2.2 ly mentally ill clients. Th ese requirements needed to 725 KAR 2:070. Certifi cation renewal of public million dollars for the current seventeen (17) clients move forward as part of the settlement agreement. librarians. aff ected. Ms. Johnson stated that the General Assem- Kentucky Department of Protection and Advocacy LABOR CABINET: Department of Workers’ bly appropriated the 2.2 million dollars for all PCHs, did not have a position regarding the funding compo- Claims regardless of transitioning clients. nent in the budget. 803 KAR 25:010. Procedure for adjustments of Further discussion of this matter is found in the In response to questions by Co-Chair Hale, Ms. claims. section of these minutes regarding 921 KAR 2:015 & Johnson stated that the budget appropriation did not PUBLIC PROTECTION CABINET: Horse Rac- E, which is a companion administrative regulation to cite 902 KAR 20:036 or 921 KAR 2:015; therefore, ing Commission: Medication Guidelines this one. funding was not limited as interpreted by the cabinet. 810 KAR 8:010. Medication; testing procedures; At the September 16 meeting of the Administra- PCHs were having diffi culties fi nding adequate staff . prohibited practices. tive Regulation Review Subcommittee, a motion was Th ese administrative regulations should be deferred 810 KAR 8:030. Disciplinary measures and pen- made and seconded to approve the following amend- to the July subcommittee. Mr. Mather stated that the alties. ments: to amend the NECESSITY, FUNCTION, AND cabinet would agree to defer 902 KAR 20:036. Ms. Be- 810 KAR 8:070. Bisphosphonates. CONFORMITY paragraph; Sections 1 through 4 and gin stated that the cabinet would prefer not to defer Department for Medicaid Services: Division of Policy 7; and the SMI Screening Form to comply with the 921 KAR 2:015 & E. Ms. Daniel stated that PCHs were and Operations: Medicaid Services draft ing and formatting requirements of KRS Chap- already required to assist with ADLs and changes only 907 KAR 1:604 & E. Recipient cost-sharing. ter 13A. Without objection, and with agreement of the added IADLs. Th e cabinet was not requiring specialty Th e subcommittee adjourned at 4:30 p.m. Th e next agency, the amendments were approved. training. meeting of the subcommittee is tentatively scheduled Department for Community Based Services: Di- A motion was made to approve the agency for July 14, 2020, at 1 p.m.

THE KENTUCKY GENERAL ASSEMBLY 41 Lawmakers hold hearing on UI benefi t payment delays by Jim Hannah LRC Public Information

FRANKFORT – One week aft er hundreds of people seeking help in resolving their unemployment insurance claims descended on the Capitol, a legislative panel convened on June 26 to investigate the backlog.

Calling it “almost criminal” that some Kentuckians have waited since March to have their claims processed, Sen. Jimmy Higdon, R- Lebanon, said the executive branch had “created a crisis within a crisis” and appeared to underestimate the need for unemployment insurance when it ordered many businesses to close in a bid to reduce the spread of COVID-19.

Sen. Danny Carroll, R-Paducah, used the meeting of the Interim Joint Committee on Economic Development & Workforce Investment to press whether Kentucky’s Offi ce of Unemployment Insurance (OUI) offi cials were consulted before the governor ordered many businesses closed.

Education Workforce & Development Cabinet Deputy Secretary Josh Benton testifi ed that he was not consulted before the order that closed the businesses. OUI currently is housed in Benton’s cabinet although there are plans to move it to the Labor Cabinet.

Carroll, a co-chair of the committee, then questioned the wisdom of moving OUI to the other cabinet amid the COVID-19 pandemic. Labor Cabinet Secretary Larry Roberts testifi ed that the move would put OUI in a cabinet it had traditionally been housed. He said that should bring more expertise to the offi ce during this crisis.

Rep. Adam Bowling, R- Middlesboro, lamented that the state was able to marshal all its resources to provide COVID-19 testing in every county but couldn’t use those resources to process the surge of UI claims.

“It doesn’t seem ... that the state has done anything to reach out and better this situation,” Bowling said. “I realize we are overwhelmed. I realized the system is antiquated. I realize changes need to be done moving forward, but we have to work with what we have now. We have to use every resource we can to better this situation.”

Roberts said offi cials are using what they learned assisting the people who gathered at the Capitol to hold in-person events across the state.

Rep. Buddy Wheatley, D-Covington, asked what the procedure was for people who live in Kentucky but work in another state. Wheatley’s district borders Ohio. Benton said the “rule of thumb” was to apply for UI benefi ts in the state where one works.

“I’m with a lot of the other legislators here who have felt a great deal of stress related to this issue,” Wheatley said. “We like to have answers to questions.”

42 2020 Interim LEGISLATIVE RECORD Carroll urged the governor’s offi ce to better communicate with legislators.

Education & Workforce Development Cabinet Legislative Aff airs Director Heather Dearing testifi ed that OUI couldn’t accept an off er to use legislative staff to process claims because those staff members hadn’t received the federally required background checks. She added, however, that OUI was working closely with the legislators’ constituent services offi ce to help resolve claims. Legislative staff also assisted with the Frankfort in-person services.

Committee Co-chair Rep. Russell Webber, R-Shepherdsville, asked whether an $865 million no-interest loan Kentucky received to pay for all the UI claims would increase the contribution rate small businesses pay into the state’s UI trust fund. “Th ese businesses have really been hit hard,” Webber added. “A hit with a rate increase I think would be detrimental to a lot of these businesses.”

Benton said what businesses pay into the trust fund would go up unless there was legislative action taken in conjuncture with the executive branch.

Rep. Charles Booker, D-Louisville, asked what legislators could do at this point to move forward and help.

“Do we want to be dependent upon the federal government on how we run the public workforce system?” Benton said in response. “Is there an opportunity to provide stability of funds and other resources to make sure we don’t have the ebbs and fl ow of seasoned staff and service coverage moving forward?”

Roberts added that the UIO budget went from $41 million in 2010 to $25 million in 2018, causing the loss of 95 employees and the closing of 29 regional offi ces. “Gov. (Andy) Beshear is very frustrated as you are and as all of our constituents are,” Roberts said. “We have recognized that we cannot do enough with the staff that we have.”

Roberts said Beshear has directed the OUI staff to negotiate with an outside vendor for assistance with claims. “Without that, it would take us several months to get through all these claims,” Roberts said, adding he hopes by Monday the governor will be able to announce the state has hired a company with UI experience in other states to help.

Carroll expressed frustration that a contractor with experience processing claims, and not just answering phones, wasn’t hired months ago and pledged to continue to revisit the problems processing UI claims in future committee meetings.

Rep. John Blanton, R-Salyersville, follows testimony about unemployment insurance claims during a June 26 meeting.

THE KENTUCKY GENERAL ASSEMBLY 43 2020 Interim Robert Stivers David Osborne LEGISLATIVE SENATE PRESIDENT SPEAKER OF THE HOUSE RECORD David P. Givens David Meade PRESIDENT PRO TEMPORE SPEAKER PRO TEMPORE Published monthly by the Legislative Research Damon Thayer John Bam Carney Commission, the Interim Record is designed to inform MAJORITY FLOOR LEADER MAJORITY FLOOR LEADER the citizens of Kentucky of the between-sessions work Morgan McGarvey Joni L. Jenkins of the General Assembly. MINORITY FLOOR LEADER MINORITY FLOOR LEADER Stories and photographs may be reprinted without Julie Raque Adams Suzanne Miles permission, although credit is appreciated. MAJORITY CAUCUS CHAIR MAJORITY CAUCUS CHAIR Johnny Ray Turner Derrick Graham Jay D. Hartz MINORITY CAUCUS CHAIR MINORITY CAUCUS CHAIR Director Mike Wilson Chad McCoy Legislative Research Commission MAJORITY WHIP MAJORITY WHIP Dennis Parrett Angie Hatton Carla Montgomery MINORITY WHIP Deputy Director for Committee and Staff Coordination MINORITY WHIP The Kentucky Legislative Research Commission is a 16-member committee of the majority and minority leadership of Rob Weber the Kentucky Senate and House of Representatives. Under Chapter 7 of the Kentucky Revised Statutes, the LRC constitutes Public Information Offi cer the administrative offi ce for the General Assembly. Its director serves as chief administrative offi cer of the Legislature when it isn’t in session. Joe Cox Publications and Printing Offi cer The Commission and its staff , by law and by practice, perform numerous fact-fi nding and service functions for members of the Legislature, employing professional, clerical and other employees required when the General Assembly is in session Jennifer Ellen Noran and during the interim period between sessions. These employees, in turn, assist committees and individual legislators Publications and Design Specialist in preparing legislation. Other services include conducting studies and investigations, organizing and staffi ng committee meetings and public hearings, maintaining offi cial legislative records and other reference materials, providing information about the Legislature to the public, compiling and publishing administrative regulations, administering a legislative intern Public Information Staff : program, conducting orientation programs for new legislators, and publishing a daily index and summary of legislative actions during sessions. Stephanie Newberg Jeff Fossett Steve Gatewood Bruce Phillips The LRC is also responsible for statute revision, publishing and distributing the Acts and Journals following sessions, Bud Kraft Keith Krey and for maintaining furnishings, equipment and supplies for the Legislature. It also functions as Kentucky’s Commission on Jim Hannah Susan Kennedy Interstate Cooperation in carrying out the program of the Council of State Governments as it relates to Kentucky.

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