2011 Interim LEGISLATIVE Volume 24, No. 9 December 2011 * Read on-line at www.lrc.ky.gov/legislation.htm* RECORD Vic Hellard Jr. Charles Siler named 2011 Award past winners

by ScottHellard Payton Award recipient 2010 LRC Public Information Peggy Hyland Former State Rep. Charles Siler, who served two notable stints in the Kentucky General Assembly 2009 before saying farewell in 2010 as one of Frankfort’s Congressman Romano Mazzoli most respected lawmakers, has been named recipient of the 2011 Vic Hellard Jr. Award for excellence in 200 public service. Sally Brown The Hellard Award, the highest honor the Legislature can bestow, has been given annually 200 since 1997. Siler -- known to all simply as Charlie - - was chosen for this year’s honor by the 16-member John R. Hall legislative leadership that comprises the Legislative Research Commission. 200 The award’s namesake, Vic Hellard Jr., was Sylvia L. Lovely executive director of the LRC staff for 19 years. The 200 Siler was known honor goes each year to William H. Hintze someone who embodies the as a ‘quietly values Hellard brought to his long career: A public servant 200 passionate voice’ of vision, who appreciates Robert M. “Mike” Duncan for his House history while fi nding innovative approaches to 2003 district and hard problems, someone Walter A. Baker who champions the all of Kentucky. equality and dignity of all, 2002 nurtures the processes of a democratic society, and the Legislature was an expression of his citizenship, Virginia G. Fox promotes public dialogue yet another civic duty he undertook, not a career.’ while educating and fostering civic engagement, and Williams recalled Siler’s ‘good heart and good 2001 who approaches that work with commitment, caring, humor,’ and added: ‘Charlie had a way of helping Thomas D. Clark generosity, and humor. even people deeply divided on a diffi cult issue fi nd In announcing Siler’s selection, LRC co-chairs common ground. It was like common sense walked 2000 David L. Williams, President of the Senate, and Greg in the room with him, and when Charlie talked, Albert P. (Al) Smith Stumbo, Speaker of the House, noted that he met all people listened.’ those criteria perfectly. Siler himself expressed gratitude for a They remembered Siler as a quietly passionate recognition he called ‘totally unexpected.’ 1999 voice for the people of his beloved Laurel and ‘I’m honored, I’m touched, and I accept this Mary Helen Miller Whitley counties, and a leader of vision and good award humbly,’ Siler said. ‘Vic Hellard was a special humor whose tireless work made life better for all man, and this is a special award, even more so since 199 Kentuckians, whether they knew his name or not. it’s given to me by my respected colleagues, people Joseph W. Kelly ‘Charlie Siler, to me, embodied the very heart who served with me.’ and soul of what it means to be a citizen-legislator,’ Siler’s civic career was historically remarkable, 199 Stumbo said. ‘He was always a citizen fi rst. Being in spanning national and even world history. His Anthony M. Wilhoit Continued on page 2

THE KENTUCKY GENERAL ASSEMBLY 1 Employers winning contested unemployment claims The committee had earlier employee who allegedly committed those eight standard reasons, Meyer by Rebecca Mullins Hanchett received testimony from some area unemployment insurance fraud and a said the employer is responsible for LRC Public Information employers who told lawmakers they former worker who received benefi ts establishing that misconduct was have fi red employees for documented after allegedly not performing well committed by the former employee, Employers were the winners of reasons only to see those employees upon job reassignment. if the employer wants to avoid paying the majority of employer-contested be awarded unemployment benefi ts. Although employers are winning benefi ts. unemployment insurance cases in 2010 Joining the employers during their most of the unemployment insurance In short, unsatisfactory work and are emerging the winners of these testimony was Rep. Susan Westrom, cases they contest, Meyer told the and inability to perform one’s job, in types of cases in 2011, state lawmakers D-Lexington, who said the employers committee and others presents that general, are not considered enough were told on Nov. 30 by the state “encountered that they’ve fi red unemployment insurance law is reason to deny a person benefi ts, offi cial who oversees unemployment somebody they thought they had a designed to favor the person who is explained Meyer. insurance for Kentucky. documented reason to fi re, and they applying for benefi ts, not the employer. Rep. Bill Farmer, R-Lexington, Education and Workforce (the employee) end up collecting Employers have an “absolute right” stressed the need for consistency in the Development Cabinet Secretary unemployment insurance, which has to legal representation at benefi t unemployment insurance proceedings. Joe Meyer, whose Cabinet oversees been very much of a shocker …” determination hearings, said Meyer, “I think if there were a factor of Kentucky’s unemployment insurance Lexington area insurance but unemployment insurance law is consistency here…the entire group claim division, said that employers— salesman, stock broker and real estate designed to favor the applicant. is going to be better served.” Meyer not fi red or terminated employees— broker Ben Kaufmann told lawmakers “The burden of proof is on the said the unemployment insurance won 70 percent of the 61,000 about a former maintenance employee employer,” said Meyer. appeals process is a legal process, and unemployment insurance cases who Kaufmann said was not where he Meyer said there are a set of decisions made are in writing. contested by employers in 2010. The was supposed to be during work hours eight standards adopted by the 1982 Committee co-chair Rep. Rick employers’ success rate for contested and was eventually fi red, only to be Kentucky General Assembly that Nelson, D-Middlesboro, said the cases so far this year is 71 percent, awarded unemployment by the state. clearly constitute misconduct by a issue might need to be addressed by said Meyer. “I’m scared to death to hire fi red or terminated employee under the General Assembly. “It sounds to “In terms of our actual application, people. We need to do something,” state unemployment insurance me like you are playing mostly by and our rulings…70 percent of the Kaufmann said. law. If those standards are met, the the rules that the General Assembly time, the employers win,” he told the Another employer, Cynthia Bohn terminated employee may not receive at some point enacted into law. So... Interim Joint Committee on Labor and of Equus Run Vineyards, recounted unemployment benefi ts. If someone is maybe that’s something a legislator Industry. scenarios involving a former let go for a reason other than one of needs to address,” said Nelson.

Hellard Award, from page 1 Former Rep. military career alone traced the But four years later, Siler’s district Charles Siler, narrative arc of the last half of the sent him back to Frankfort, where he speaking on a bill 20th Century. It began with the end served until 2010. on the fl oor of the of World War II and the beginning of His tenure in the House was the Cold War. He served in occupied called by one observer a study in Kentucky House Japan. He served in the Korean War. thoughtful, courageous representation. of Representa- He was with the troops protecting Dr. When he came back from his years out tives during the Martin Luther King’s Civil Rights of offi ce, Siler voted for 1997’s higher 2010 Regular march on Montgomery in the 1960s. education reform, another politically His military decorations include diffi cult vote on principle. Session of the two awards of the Legion of Merit, a But he said the reform was Kentucky General Meritorious Service Medal, a Bronze necessary for community colleges Assembly. Star for Valor, an Army Commendation to better prepare Kentuckians for Medal, a Combat Infantry Badge, the 21st Century workplace, and for and Master Paratrooper Wings. In universities to answer the call for September 1998, Siler was inducted citizens of exceptional preparation to into the Infantry OCS Hall of Fame. prosper in a complex world. When his long military career As another observer said, Siler ended, retiring with the rank of had seen the world and knew its Colonel, he returned to Kentucky and demands, and wanted Kentuckians ran for offi ce to help shape his home ready for it. state’s history. Current LRC Director Robert As a representative from District Sherman, who worked closely with treated well will respond to you in the third former legislator (Romano 82 and a Republican, fi rst taking offi ce Hellard for the better part of two kind. And his great optimism was that Mazzoli, a former state Senator and in 1984, he was a voice for veterans decades, said leadership’s selection of the American experiment will succeed Congressman, won in 2009, and and a voice for labor, but his greatest Siler for this year’s award would have if everyday folks out there take up former state Sen. Walter Baker won in passion was education. He voted for greatly pleased his old boss. their share of civic responsibility and 2003). the Kentucky Education Reform Act of ‘Charlie Siler shares with Vic smile while doing it. That describes Hellard himself died in 1996, 1990 though he knew the tax increase some core beliefs,’ Sherman said. ‘Vic Charlie perfectly.’ a year after his retirement from the to pay for it would likely get him beat believed self-government would lead Siler is the 15th recipient of LRC. The award in his name has been next election -- and did. to good government. He knew people the Vic Hellard Jr. award, and only given annually since.

2 2011 Interim LEGISLATIVE RECORD State spending cuts outlined for lawmakers Some state agencies will face additional 2 percent cuts

by Rob Weber LRC Public Information

Many state agencies will cut decisions lie ahead when lawmakers their spending by 2 percent as part return to Frankfort in January to of an effort to balance the current begin crafting the state’s next two- fi scal year budget, lawmakers were year budget. told during the Nov. 29 meeting of “Every budget is diffi cult,” she the Appropriations and Revenue said. “There are never enough dollars Committee. to fulfi ll the wants of everyone. But The spending cuts ordered by this upcoming budget cycle will be Gov. Steve Beshear are part of a plan signifi cantly diffi cult.” to close a $190 million gap in the Her remarks were echoed by current budget. the Appropriations and Revenue co- While most agencies will chairs. be impacted by the latest round “The of cuts, there are some large and upcoming notable exemptions. School funding, Federal stimulus budget Rep. Mike Denham, D-Maysville, at left, talks with Rep. Derrick Graham, D-Frankfort, dur- Medicaid, corrections, community- is going ing the Nov. 29 meeting of the Interim Joint Committee on Appropriations and Revenue. funds received based services, behavioral health, in Kentucky that to be juvenile justice and the state park helped the state diffi cult,” said Rep. system are among the areas that will weather budget be spared, said State Budget Director Rick diffi culties Teaching conditions survey Mary Lassiter. Rand, D- Though furloughs of state will not be available Bedford. in the next yields positive results, employees were ordered last year in a “We are cost-cutting move, there are no plans budget cycle. going to lawmakers told for furloughs this fi scal year, Lassiter have some said. more hard by Amy Rose Karr In response to a question from work to do.” LRC Public Information Rep. Reginald Meeks, D-Louisville, Sen. Bob Leeper, I-Paducah, said Lassiter said that employee layoffs, that some people saw increased state Kentucky educators are more positive about their teaching conditions than if any, would be minimal. “Every revenue projections earlier this year peers in other states, Ann Maddock of the New Teacher Center told members of agency will have to evaluate its and concluded too quickly that the the Interim Joint Education Committee on Monday, Dec. 12. capacity to deal with these additional state was well-prepared for the next Maddock shared the results from Kentucky’s fi rst Teaching, Empowering, cuts,” she said. “I wouldn’t expect budget cycle. “I just want people to Leading, and Learning (TELL) survey aimed at measuring teaching conditions in be aware … that we have diffi cult schools across the nation. It is important to understand how educators perceive large numbers (of layoffs), but I will their teaching conditions when considering education policies, Maddock said. stop short of saying there won’t be times ahead and that they should Teaching conditions also affect student achievement and teacher retention. any. But if there are any, it will be prepare for those. Those people who Kentucky had the highest response rate for the survey and many positive minimal.” are affected by state government results. Of the teachers surveyed, 95% agreed they have access to reliable The newest round of spending should be on the lookout for a communication technology and that their physical classroom environment cuts for state agencies will save $29 diffi cult budget session.” supports teaching and learning. Educators also affi rmed their school councils, million, Lassiter said. Recurring Federal stimulus funds received with 86% saying their school council makes decisions that positively impact savings from past spending cuts and in Kentucky that helped the state instruction. debt service lapse is expected to weather budget diffi culties will “You, in my opinion, are at the forefront of where education needs to provide an additional $57.9 million not be available in the next budget be in each state,” Maddock said, commending what she called Kentucky’s and $29 million, respectively. cycle, Leeper said. “I recently had collaborative and visionary education efforts. The survey identifi ed 49 schools in the Commonwealth that could become best practice models. Those spending reductions a superintendent ask me, … ‘Can The survey also found some areas for improvement. Educators named time combined with $75.5 million worth of you imagine what you would have as their biggest challenge. Teachers reported they were least happy with the the estimated excess revenues for the done if you didn’t have that federal amount of paperwork they are required to do. Maddock noted that while many current fi scal year will fi ll the $190 stimulus money?’ I said, ‘I don’t have issues regarding time are diffi cult to address without large budget allocations, million budget gap, Lassiter said. to imagine. We’re getting ready to do paperwork is something that could be tackled with very little fi nancial cost. But she warned that diffi cult it.’”

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 2011 Interim LEGISLATIVE RECORD House of Representatives

2011 Julie Adams Myron Dossett Adam Koenig Steven Rudy 213 S. Lyndon Ln. 491 E. Nashville St. Pembroke 42266 3346 Canterbury Ct. Erlanger 41018 3430 Blueridge Dr. W. Paducah 42086 Louisville 40222 Home 270-475-9503 Home 859-578-9258 Home 270-744-8137 Home 502-744-9264 KENTUCKY Ted Edmonds Jimmie Lee Sal Santoro Royce W. Adams 1257 Beattyville Road Jackson 41339 901 Dogwood Drive Elizabethtown 42701 596 Walterlot Ct. Florence 41042 580 Bannister Pike Dry Ridge 41035 Home 606-666-4823 Work 270-765-6222 Home 859-371-8840 Work 859-824-3387 Home 270-737-8889 FAX 859-371-4060 Home 859-428-1039 C.B. Embry, Jr. PO 1215 Morgantown 42261 Stan Lee John Short Rocky Adkins Work 270-526-6237 PO Box 2090 Lexington 40588 PO Box 1133 Hindman 41822 PO Box 688 Sandy Hook 41171 Home 270-791-1879 Home 859-252-2202 Work 606-785-9018 General Work 606-928-0407 FAX 859-259-2927 Home 606-738-4242 Bill Farmer Arnold Simpson FAX 606-929-5213 3361 Squire Oak Dr. Lexington 40515 Mary Lou Marzian 112 W. 11th Street Covington 41011 Work 859-272-1425 2007 Tyler Ln. Louisville 40205 Work 859-261-6577 Assembly John A. Arnold, Jr. Home 859-272-8675 Home 502-451-5032 Home 859-581-6521 PO Box 124 Sturgis 42459 FAX 859-272-1579 Donna Mayfield Home FAX 859-261-6582 Work 270-333-4641 2059 Elkin Station Rd. Joseph M. Fischer Winchester 40391 Linda Belcher 126 Dixie Place Fort Thomas 41075 Home 859-745-5941 Kevin Sinnette PO Box 1358 Ashland 41105 Senate 4804 Hickory Hollow Lane Work 513-794-6442 Tom McKee Home 606-324-5711 Walter Blevins, Jr. Shepherdsville 40165 Home 859-781-6965 Home 502-957-2793 1053 Cook Road Cynthiana 41031 Home FAX 606-329-1430 115 Hill N Dale Morehead 40351 Dennis Parrett Home 859-234-5879 Work 606-743-1200 731 Thomas Rd. Elizabethtown 42701 Johnny Bell 108 North Green St. Glasgow 42141 Kelly Flood FAX 859-234-3332 Rita Smart Home 606-743-1212 Home 270-765-4565 Work 270-651-7005 121 Arcadia Park Lexington 40503 419 W. Main Street Richmond 40475 FAX 606-743-1214 Reginald Meeks Home 859-623-7876 Joey Pendleton Home 270-590-0110 Home 859-221-3107 PO Box 757 Louisville 40201 Joe Bowen 905 Hurst Dr. Hopkinsville 42240 Kevin D. Bratcher David Floyd Work 502-741-7464 John Will Stacy 2031 Fieldcrest Drive Home 270-885-1639 10215 Landwood Drive 102 Maywood Ave. Bardstown 40004 PO Box 135 West Liberty 41472 Owensboro 42301 FAX 270-885-0640 Louisville 40291 Home 502-350-0986 Michael Meredith Home/FAX 606-743-1516 Home 270-685-1859 Home 502-231-3311 PO Box 292 Brownsville 42210 Jerry P. Rhoads Tom Burch Danny Ford Work 270-597-6049 Fitz Steele

Tom Buford 9 East Center Street 4012 Lambert Ave. PO Box 1245 Mt. Vernon 40456 176 Woodland Ave. Hazard 41701 409 W. Maple Nicholasville 40356 Madisonville 42431 Louisville 40218 Work 606-678-0051 Home/FAX 606-439-0556 Home/FAX 859-885-0606 Charles Miller Home 270-825-2949 Home 502-454-4002 Home 606-256-4446 3608 Gateview Circle Louisville 40272 Jim Glenn Home 502-937-7788 Jim Stewart III Jared Carpenter Dwight D. Butler PO Box 21562 Owensboro 42304 545 KY 223 Flat Lick 40935 138 Legacy Drive Dorsey Ridley PO Box 9 Harned 40144 Home 270-686-8760 Home 606-542-5210 Berea 40403 4030 Hidden Creek Work 270-756-5931 Henderson 42420 Terry Mills Home 859-623-7199 Home 270-756-0100 Jim Gooch, Jr. 695 McElroy Pike Lebanon 40033 Home 270-826-5402 714 North Broadway B2 Home 270-692-2757 Wilson Stone Julian M. Carroll Work 270-869-0505 Providence 42450 1481 Jefferson School Road Room 229 Capitol Annex John “Bam” Carney Work 270-635-7855 Brad Montell Scottsville 42164 341 Pembroke Way Campbellsville 543 Main Street Shelbyville 40065 Frankfort 40601 John Schickel Home 270-667-7327 Home 270-622-5054 Work 502-564-8100 42718 FAX 270-667-5111 Work 502-633-7017 2147 Natches Trace Union 41091 Home 270-465-5400 Home 502-633-7533 LRC 502-564-8100 Derrick Graham Greg Stumbo Perry B. Clark Mike Cherry Box 1473 108 Kassidy Drive 803 S. Jefferson Princeton 42445 Room 329F Capitol Annex Frankfort 40601 Tim Moore 5716 New Cut Road Louisville 40214 Prestonsburg 41653 Dan “Malano” Seum Home 270-365-7801 Home 502-223-1769 417 Bates Rd. Elizabethtown 42701 Home 502-366-1247 1107 Holly Ave. Fairdale 40118 Jeff Greer Home 270-769-5878 Home 606-886-9953 Home 502-749-2859 Larry Clark PO Box 1007 Brandenburg 40108 Lonnie Napier Julie C. Denton Home 270-422-5100 Tommy Thompson 1708 Golden Leaf Way 5913 Whispering Hills Blvd. 302 Danville St., Lancaster 40444 PO Box 458 Owensboro 42302 Tim Shaughnessy Louisville 40219 Home FAX 270-422-5100 Louisville 40245 9712 Southern Breeze Lane Work 859-792-2535 Home 270-926-1740 Home 502-489-9058 Home 502-968-3546 Sara Beth Gregory Home 859-792-4860 Louisville 40299 1900 N. Main St. Monticello 42633 FAX 270-685-3242 Work 502-584-1920 John Tilley Carroll Gibson Hubert Collins Home 606-348-9767 Rick G. Nelson Home FAX 606-348-3459 117 Gumwood Rd. Middlesboro 40965 126 Moreland Drive PO Box 506 Leitchfield 42755 72 Collins Dr. Wittensville 41274 Hopkinsville 42240 Home 270-230-5866 Brandon Smith Home 606-297-3152 Home/FAX 606-248-8828 350 Kentucky Blvd. Keith Hall Home 270-881-4717 David Givens Hazard 41701 Leslie Combs PO Box 466 Phelps 41553 Mike Nemes PO Box 12 Greensburg 42743 Home 606-436-4526 245 E. Cedar Drive Pikeville 41501 Work 606-456-3432 Ext. 25 5318 Westhall Ave. Louisville 40214 Tommy Turner 175 Clifty Grove Church Road Home 502-564-8100 Home FAX 606-436-2398 Home 606-444-6672 Home 606-456-8666 Home 502-807-2423 Somerset 42501 Mike Harmon Fred Nesler Kathy W. Stein James R. Comer, Jr. Home 606-274-5175 Denise Harper Angel 364 Transylvania Park Lexington 40508 633 N. 3rd St. Danville 40422 PO Box 308 Mayfield 42066 2521 Ransdell Ave. Louisville 40204 PO Box 338 Tompkinsville 42167 Ben Waide Work 859-225-4269 Home 859-238-7792 Work 270-623-6184 PO Box 1795 Madisonville 42431 Home 502-452-9130 Home 270-487-5585 Home 859-252-1500 Home 270-247-8557 Work 270-824-9227 Tim Couch Richard Henderson FAX 270-623-6431 Work FAX 270-824-9206 Ernie Harris PO Box 710 Hyden 41749 P.O. Box 238 Jeffersonville 40337 PO Box 1073 Crestwood 40014 Katie Kratz Stine 21 Fairway Drive Southgate 41071 Home/FAX 606-672-8998 Home 859-585-0886 David Osborne Home 502-241-8307 David Watkins Home 859-781-5311 PO Box 8 Prospect 40059 5600 Timberlane Dr. Henderson 42420 Will Coursey Melvin B. Henley Work 502-645-2186 Home 270-826-0952 Jimmy Higdon 285 Oak Level Elva Road 1305 S. 16th Street Murray 42071 Home 502-228-3201 FAX 270-826-3338 344 N. Spalding Robert Stivers II 207 Main Street Manchester 40962 Symsonia 42082 Home 270-753-3855 Sannie Overly Lebanon 40033 Work 606-598-2322 Home 270-851-4433 340 Main Street Paris 40361 Jim Wayne Home 270-692-6945 Jeff Hoover Home 859-987-9879 1280 Royal Ave. Louisville 40204 Home 606-598-8575 PO Box 985 Jamestown 42629 FAX 606-598-2357 Jesse Crenshaw Work 502-451-8262 Paul Hornback Work 270-343-5588 Darryl T. Owens 121 Constitution Lexington 40507 Home 270-343-2264 6102 Cropper Rd. Shelbyville 40065 Work 859-259-1402 1018 S. 4th St., Ste. 100 Louisville 40203 Home 502-461-9005 Damon Thayer Alecia Webb-Edgington 102 Grayson Way Georgetown 40324 Home 859-252-6967 Home 502-584-6341 Home FAX 502-461-7799 Dennis Horlander 1650 Chestnut Ct. Fort Wright 41011 Home 859-621-6956 FAX 859-259-1441 1806 Farnsley Rd. Shively 40216 Home 859-426-7322 FAX 502-868-6086 Ruth Ann Palumbo Tom Jensen Ron Crimm Work 502-447-9000 10 Deepwood Dr. Lexington 40505 Home 502-447-2498 Susan Westrom 303 S. Main Street London 40741 PO Box 43244 Louisville 40253 Home 859-299-2597 PO Box 22778 Lexington 40522-2778 Home 606-878-8845 Johnny Ray Turner Work 502-400-3838 849 Crestwood Dr. Prestonsburg 41653 Work 859-266-7581 Home 502-245-8905 Brent Housman Tanya Pullin Home 606-889-6568 2307 Jefferson Street Paducah 42001 Ray S. Jones II 1026 Johnson Lane South Shore 41175 Addia Wuchner PO Drawer 3850 Pikeville 41502 Robert R. Damron Home 270-366-6611 Work 606-932-2505 231 Fairway West Nicholasville 40356 PO Box 911 Burlington 41005 Work 606-432-5777 Robin L. Webb Home/FAX 270-442-6394 404 W. Main Street Grayson 41143 Home 859-887-1744 Work 859-525-6698 FAX 606-432-5154 Ryan Quarles Home 606-474-5380 Wade Hurt PO Box 1001 Georgetown 40324 Jim DeCesare 4507 Bellevue Ave. Louisville 40215 LRC 502-564-8100 Brent Yonts Alice Forgy Kerr PO Box 122 Rockfield 42274 232 Norman Circle Greenville 42345 3274 Gondola Dr. Lexington 40513 Jack Westwood Home 502-424-1544 209 Graves Ave. Erlanger 41018 Home 270-792-5779 Marie Rader Work 270-338-0816 Home 859-223-3274 Home 859-344-6154 Home FAX 888-275-1182 PO Box 323 McKee 40447 Home 270-338-6790 Joni L. Jenkins Work 606-287-3300 FAX 270-338-1639 Work 270-792-5779 2010 O’Brien Ct. Shively 40216 Bob Leeper Home 606-287-7303 Jill York 229 South Friendship Paducah 42003 David L. Williams Home 502-447-4324 PO Box 666 Mike Denham FAX 606-287-3300 PO Box 591 Grayson 41143 Work 270-554-9637 Burkesville 42717 306 Old Hill City Road Maysville 41056 Dennis Keene Work 606-474-7263 Home 270-554-2771 Home 606-759-5167 Rick Rand Work FAX 606-474-7638 Work 270-864-5636 1040 Johns Hill Road Wilder 41076 PO Box 273 Bedford 40006 FAX 270-554-5337 Home 270-433-7777 Bob M. DeWeese Home 859-441-5894 Work 502-255-3286 Home 502-255-3392 Vernie McGaha 6206 Glen Hill Rd. Louisville 40222 Thomas Kerr 4787 W. Hwy. 76 Mike Wilson Home 502-426-5565 FAX 502-255-9911 635 Crossings Court 5415 Old Taylor Mill Rd. Taylor Mill 41015 Russell Springs 42642 Bowling Green 42104 Work 859-431-2222 Home 270-866-3068 Jody Richards Home 270-781-7326 Home 859-356-1344 817 Culpeper St. Bowling Green 42103 Home FAX 270-781-8005 FAX 859-431-3463 Work 270-781-9946 Home 270-842-6731 Gerald A. Neal Kim King Suite 2150 Meidinger Twr Ken Winters FAX 270-781-9963 1500 Glendale Road Murray 42071 250 Bright Leaf Drive Harrodsburg 40330 462 S. 4th Street Home 270-759-5751 Home 859-734-2173 Steve Riggs Louisville 40202 PO Box 24586 Louisville 40224-0586 Work 502-584-8500 LRC 502-564-8100 Home 502-776-1222 FAX 502-564-6543 FAX 502-584-1119 Martha Jane King Tom Riner 633 Little Cliff Estate Lewisburg 42256 R.J. Palmer II 1143 E. Broadway Louisville 40204 Home 270-657-2707 Home 502-584-3639 1391 McClure Road Winchester 40391 FAX 270-657-2755 Home 859-737-2945 Carl Rollins II PO Box 424 Midway 40347 Home 859-846-4407 Work 502-696-7474

THE KENTUCKY GENERAL ASSEMBLY  Committee Meetings Interim Joint Committee several Kentucky chapters won national One other issue that Farm Bureau on Agriculture awards, and one student the received supports is allowing farmers to compost Minutes of the 6th Meeting the prestigious 2011 American Star in dead animals on the farm without having of the 2011 Interim Agribusiness. to acquire a permit. Mr. Haney stated that November 9, 2011 Mr. Thomas asked that two changes the KDA has agreed to repeal the permit Call to Order and Roll Call be made to the Kentucky Agricultural requirement by filing an emergency The 6th meeting of the Interim Joint Finance Corporation statutes: increase regulation. Index Committee on Agriculture was held on the $1 million loan cap on individuals, In response to a question, Mr. Wednesday, November 9, 2011, at 1:00 and amend the definition of “beginning Haney stated that Kentucky Farm Bureau A PM, in Room 149 of the Capitol Annex. farmer” to allow more people to be eligible is against the Department of Labor’s Administrative Regulation Review Senator David Givens, Chair, called the Subcommittee, 36 for funding. proposed regulation regarding utilization Agriculture, 6, 7 meeting to order, and the secretary called Mr. Neaveill explained that the of child labor on farms. The Department Appropriations and Revenue, 8, 9, 10, the roll. Agricultural Development Fund provides of Labor needs to understand that most 11, 12, 47 Present were: funds for county programs and for farms are family farms, and restricting Members: Senator David Givens, investments in regional and state-wide certain types of child labor on the farm B Co-Chair; Representative Tom McKee, projects. He noted that funding for regional will be a hardship on farmers. Banking and Insurance, 13 Co-Chair; Senators Carroll Gibson, and state-wide projects decreased in FY Ms. Tricia Houston, President, Paul Hornback, Bob Leeper, Vernie 2011 and is expected to decrease more Community Farm Alliance (CFA), said C McGaha, Joey Pendleton, Dorsey Ridley, in FY 2012. He clarified that funding for small farms in Kentucky could become Calendar, 2012 Regular Session, 4 Damon Thayer, and Robin L. Webb,; county programs has remained constant. profitable by growing and marketing Capital Projects and Bond Oversight, Representatives Royce W. Adams, John 35 Mr. Thomas noted that the GOAP their products locally and regionally. Childhood Obesity, Task Force on: 47 “Bam” Carney, Mike Cherry, James R. has distributed approximately $2 million Developing farmer’s markets for all Comer Jr., Mike Denham, C. B. Embry Jr., of federal stimulus dollars, through the counties and supporting local food E Sara Beth Gregory, Richard Henderson, Farm Energy and Efficiency Program, to systems would help develop sales and Economic Development and Tourism, Kim King, Martha Jane King, Michael 200 recipients, and that his agency would benefit farmers. If Kentucky State Parks 13, 24 Meredith, Terry Mills, Brad Montell, Fred continue to act as a conduit to distribute and at least one school district in every Education, 14, 16, 18 Nesler, David Osborne, Sannie Overly, any federal dollars available. county utilized locally grown products, it Education Assessment and Account- Ryan Quarles, Tom Riner, Steven Rudy, Responding to questions, Mr. Thomas could create a huge economic market for ability Review Subcommittee, Rita Smart, Wilson Stone, Tommy Turner, said arbitration hearings have taken place farmers. 38 and Susan Westrom. Energy, 19 over the last two years regarding non- Ms. Cassia Herron, Vice President, Guests: Roger Thomas, Executive participating tobacco manufacturers, and Metro-Louisville Food Policy Council, G Director, and Joel Neaveill, Chief of Staff, that the issue is still being argued by the stated that the CFA has actively promoted Government Contract Review Com- Governor’s Office of Agricultural Policy; Kentucky Attorney General. Mr. Thomas Kentucky’s agricultural food policy and mittee, 40 Mark Haney, President, Kentucky Farm warned that if a state is found guilty of not community development landscapes. Bureau; Tricia Houston, President, and diligently enforcing the monitoring of the CFA brings a public voice to the public H Ben Able, Treasurer, Community Farm sale of non-participating manufacturers’ policy making process and is proud Health and Welfare, 20, 22 Alliance; Cassia Herron, Vice President, products, that state might be required of its commitment to diversifying and Metro-Louisville Food Policy Council; to reimburse some, or all, of its Master rebuilding Kentucky tobacco farm families J Linda Grimes, Chair, John Settles, and Settlement Agreement (MSA) payment. and communities. She said that CFA was Judiciary, 23, 24 Keith Crawford, Kentucky Animal Control It was noted by one member that instrumental in the creation of the Metro- Advisory Board; Dr. Perry Wornall, Chair, L several 4-H positions remained unfilled Louisville Food Policy Council, which Labor and Industry, 24, 26 and Ed Hall, Kentucky Board of Veterinary in tobacco impacted counties, thereby works to identify and propose innovative Local Government, 27, 28 Examiners; and Phil Craft, State Apiarist, affecting youth involvement in leadership solutions to improve local and state food Kentucky Department of Agriculture. programs. systems. N LRC Staff: Tanya Monsanto, Mr. Mark Haney, President, Mr. Ben Able, Treasurer, CFA, Natural Resources and Environment, Lowell Atchley, Biff Baker, and Susan Kentucky Farm Bureau (KFB), explained discussed issues pertaining to beginning 29, 30 Spoonamore, Committee Assistant. that legislative policy issues for his farmers. He said Kentucky needs a The October 12, 2011 minutes were agency start at the county level and are comprehensive vision for the next P approved, without objection, by voice then forwarded to the state resolutions generation of farmers, and that input Penal Code and Controlled Substances vote, upon motion made by Representative committee level for consideration. From from existing farmers, potential farmers, Act, Task Force on: 33, 34 Henderson and second by Representative Prefiled Bills, 50 there, resolutions are sent to the delegate students, and landowners who are not Program Review and Investigations Rudy. body to be voted on. Mr. Haney said the farmers is important for creating that Committee, 42, 43 The Horse Farming Subcommittee Farm Bureau supports maintaining 50 vision. There is a need for additional report was approved, without objection, percent of the MSA to the Agricultural research and information on alternative S by voice vote upon motion made by Development Fund, funding the Breathitt agriculture enterprises. State Government, 31, 33 Representative Westrom and second by Veterinary Center, adequately funding Ms. Houston said the CFA would Senator Thayer. the Kentucky Department of Agriculture like to see Kentucky create a Kentucky T The Rural Issues Subcommittee (KDA), supporting the Kentucky Proud Food Policy Council. In addition, CFA has Tobacco Settlement Agreement Fund report was approved, without objection, by program, and supporting the Kentucky policy goals for 2012, including working Oversight Committee, 48 voice vote upon motion made by Senator Soil Erosion and Water Quality Cost-Share on public perception of food systems, McGaha and second by Representative V program. The Farm Bureau recommends initiating research on the economic health Veterans, Military Affairs, and Public Denham. that the General Assembly pay $28 million benefits of a local and regional food Protection, 35 Legislative Issues for 2012 Session in bond debt service, currently being taken system, creating production and marketing Roger Thomas, Executive Director, from agriculture’s portion of the MSA, support systems, and increasing low and Joel Neaveill, Chief of Staff, from General Fund revenue. income population access to local food. Governor’s Office of Agricultural Policy Mr. Haney also reported supporting Dr. Linda Grimes, Mr. John Settles, (GOAP), updated the members on recent the rural secondary and county road aid and Mr. Keith Crawford, Kentucky activities of the office and of investments program, continuing the 22.2 percent Animal Control Advisory Board made from the Agricultural Development allocation of the state gasoline tax revenue members, described the activities of the Fund. Mr. Thomas stated that financial for rural roads, maintaining the Property board, including providing grant money investments made to 4-H and FFA have Tax Cap law, protecting property rights, to counties for improving or constructing enhanced youth leadership development. enforcing Kentucky’s trespass laws, and animal shelters and providing grants for At the recent National FFA Convention, improving health care in Kentucky. spay and neuter programs. Dr. Grimes said

 2011 Interim LEGISLATIVE RECORD the board offers training to animal control Conservation Service; Jerry Rickett, fraud, and provide the resources necessary Kentucky to help all of its residents with officers. KDA has provided funds for President and CEO, Kentucky Highlands to investigate criminal activity. environmental conservation issues. training grants and equipments grants in Investment Corporation; Terry Aff, CEO, In response to Representative In response to Representative the past, but because of budgets cuts, it is Stardust Cruisers; and Gregory Luhan, Denham, Mr. Lewis stated that the last Denham, Ms. Woodrich said that some unable to provide funding to the board. Dr. Associate Professor of Architecture, quoted figure for a nationwide loss of the major conservational issues were Grimes stated that the last appropriation University of Kentucky. from Eastern Livestock Company was soil erosion in western Kentucky, intense for shelter improvements or construction LRC Staff: Tanya Monsanto, Biff approximately $130 million. He said that grazing pressure in central Kentucky, was $3 million in 2008. The board had over Baker, Stefan Kasacavage, and Susan eight to ten states were affected by the and forestry and surface mining control $6 million in requests for that money. On Spoonamore, Committee Assistant. criminal activities and that there were in eastern Kentucky. She further stated behalf of the board, Dr. Grimes requested Eastern Livestock case from the three or four banks involved in the check that enrollment for NRCS’s programs that the General Assembly appropriate $3 Attorney General’s Office of Special kiting scheme. was available year-round and that NRCS million for animal shelter improvements Prosecutions In response to Representative Kim worked with other state agencies to assist and construction over the next biennium. Todd Lewis, Executive Director, King, Mr. Lewis said that the current in cost-sharing for fencing and other In response to questions, Mr. Settles Attorney General’s Office of Special definition of a stockyard does not include needs. In response to a question regarding stated that the primary source of funding Prosecutions, explained that the Office of individual sales conducted by Future the NRCS’s Watershed Program that for local animal control enforcement the Attorney General began investigating Farmers of America, 4-H groups, county, once included the building of lakes, Ms. comes from the local governing body. the returned checks that were issued from state or private fairs, breeder livestock Woodrich stated that it had been phased Money for improving shelters or the Metcalfe Buying Station in Edmonton associations, or individual sales of out at the national level. constructing shelters has come from immediately after being notified of possible livestock conducted by or for a person on In response to Representative Kim state funding. Dr. Grimes stated that the wrongdoing. The Metcalfe County grand his or her own premises. King, Ms. Woodrich stated that Anderson board has received numerous requests jury issued an indictment containing 173 In response to Senator Givens, and Spencer Counties were most likely from counties concerning large animals. criminal counts for individuals in Eastern Mr. Lewis said that the definition of a participating in some programs even County shelters are not equipped to handle Livestock Company. The indictment also stockyard is set out in KRS 261.200(5). though the map in the presentation may livestock. She said several counties have listed the names of 172 victims who were Mr. Lewis also gave a timeline of court not have shown it. asked for funding to construct paddocks cattle producers who sold at the Metcalfe action to be taken against the Eastern In response to Representative and for training on how to deal with large Buying Station. Mr. Lewis stated that the Livestock Company, but stated that no McKee, Ms. Woodrich said that NRCS animals. Attorney General’s Office was aware of trial date had been set yet. He said that was anticipating a 10 percent federal Dr. Perry Wornall and Dr. Ed Hall other cattle producers who also suffered the Attorney General’s Office was aware funding cut, with possible cuts to some of the Kentucky Board of Veterinary returned checks, but for venue purposes, of lawsuits being filed against Fifth Third programs. Examiners stated that the board would the indictment listed only the persons who Bank by some of the named victims. In response to Senator Hornback, like to update KRS Chapter 321, relating sold at Edmonton. The Bill of Particulars, In response to Representative Kim Ms. Woodrich said she had no idea what to veterinarians. Several clarifications and which was recently filed, stated that from King, Mr. Lewis said that the Attorney programs would be affected with the changes need to be made to conform the January 1, 2009 to November 10, 2010, General’s office has a Victims’ Advocate anticipated decrease in federal funding. She statutes to modern veterinarian practices. the defendants participated in a criminal Division and victims can contact that said that NRCS receives approximately Dr. Phil Craft, State Apiarist, KDA, enterprise with five or more others on a office for questions and assistance. $30 million in federal assistance dollars. stated that he is one of only two people continuing basis, the purpose of which was In response to Representative Rudy, Houseboats to Residences in the state who work with an estimated to commit theft. He said that the named Mr. Lewis stated that if a stockyard or Manufacturing Project in Southeastern 4,000 to 5,000 beekeepers. Current law defendants knew that the enterprise was the cattle marketing industry were to be Kentucky relating to bees pertains mostly to diseases, engaged in obtaining property or services federally classified as a highly regulated Mr. Jerry Rickett, President and CEO but other issues such as parasites and non- from others unlawfully. The first scheme industry, then a state would be able to of the Kentucky Highlands Investment native honeybees need to be addressed. was to defraud Fifth Third Bank by authorize investigators to demand that Corporation (KHIC), stated that KHIC Of particular concern is the importation maintaining a set of falsified transactions relevant records be provided immediately. works in 22 counties in southeastern of Africanized honeybees. Dr. Craft on the books of Eastern Livestock, and In response to Representative Kentucky investing in businesses. Since requested that the committee consider the second scheme consisted of a massive McKee, Mr. Lewis said that he was aware 2007, the loss of manufacturing and related expanding the jurisdiction of the KDA to check kiting operation. of only one other state to issue a warrant jobs in southeastern Kentucky had resulted include parasites and undesirable races or Mr. Lewis said that, pursuant to against one of the defendants. in 1,200 people being unemployed. Seeing subspecies of honeybees. legislative requests, the Attorney General’s USDA Natural Resources the need for energy-efficient housing and There being no further business, the Office had been researching Kentucky’s Conservation Service Programs employment, KHIC was working with the meeting adjourned at 3:00 p.m. laws to identify areas of the Kentucky Available to Rural Kentuckians Center for Applied Energy Research and Revised Statutes that could be revised Karen Woodrich, State the School of Design at the University of Interim Joint Committee to prevent fraud of this magnitude from Conservationist, United States Department Kentucky to help houseboat manufacturers happening again. The recommendations of Agriculture (USDA), Natural Resources build energy-efficient housing. Rural on Agriculture were as follows: Conservation Service (NRCS), stated housing was a problem in southeastern Subcommittee on Rural Issues 1.Amend KRS 431.525 to clarify that the mission of the USDA Natural Kentucky. Most homes were older mobile Minutes of the 2nd Meeting that a judge has the ability to consider the Resources Conservation Service Program homes with no insulation, which caused of the 2011 Interim immense financial resources of a defendant was to help people help the land. She said families to struggle with paying their November 9, 2011 when setting the defendant’s bond. that the NRCS helped all 120 conservation energy bills. Call to Order and Roll Call 2.Amend KRS 261.200 to more districts in Kentucky deal with soil, water, Mr. Gregory Luhan, Associate The 2nd meeting of the Subcommittee clearly define “buying station” and air, plant, animal, human-effect, and Professor of Architecture, University on Rural Issues of the Interim Joint ensure that a single buying station would energy issues. The Technical Assistance of Kentucky, discussed the interaction Committee on Agriculture was held on be subject to the same federal and state Program, the largest of NRCS’s programs, between the Kentucky Highlands Wednesday, November 9, 2011, at 10:00 regulations and bonding requirements as worked with individuals to assess their Corporation, Stardust Cruisers, the Center AM, in Room 131 of the Capitol Annex. stockyards. needs from simple to complex. The most for Applied Energy Research, and the Senator Vernie McGaha, Chair, called the 3.Increase the bonding requirements popular financial assistance program was UK College of Design for designing meeting to order, and the secretary called in the stockyards statute. the environmental incentives program. Houseboats to Energy Efficient Residences the roll. 4.Change the monthly requirement Both programs offered resources and (HBEER). He said that the goal of the Present were: that stockyards report receipts to the assistance for making the best use of land group was to design an energy-efficient Members: Senator Vernie McGaha, Kentucky Department of Agriculture to conservation. In 2012, a new program will residence for $100,000 in order to meet Co-Chair; Representative Mike Denham, a daily reporting requirement. Increase be available to focus on organic growers. the low-cost housing needs of southeastern Co-Chair; Senators David Givens and the penalty for not posting a bond for a Another popular program was the Kentucky. Paul Hornback; Representatives Will flagrant and willful violator from a Class Wildlife Habitat Incentives Program that Mr. Terry Aff, President, Stardust Coursey, Kim King, Tom McKee, Terry B Misdemeanor. established good wildlife practices. The Cruisers, explained the opportunities Mills, Steven Rudy, and Tommy Turner. 5. Add statutory language to authorize Emergency Watershed Protection Program of diversifying from houseboat Guests: Representative Marie Rader; an investigator to require buying stations was established to safeguard lives and manufacturing to sustainable, high- Todd Lewis, Executive Director, Attorney to immediately produce records to verify property as a result of natural disasters. efficiency houseboats. Stardust has General’s Office Special Prosecutions; their compliance with relevant statutes Beginning in 2012, areas must be declared completed the energy-efficient houseboat Patrick Hughes, Deputy Attorney and regulations. federal disaster areas before funds can be unit and hoped to complete a second unit General; Mitch Denham, Assistant Deputy 6.Increase all the penalties in Chapter requested. Ms. Woodrich also discussed soon. Stardust has built seven new boats Attorney General; Karen Woodrich, State 261. several new smaller programs that will averaging approximately $700,000 each, Conservationist, United States Department 7.Grant the Attorney General’s Office be available for 2012. She stated that and most are going overseas. Mr. Aff of Agriculture, Natural Resources statewide jurisdiction over agricultural there are 54 NRCS offices located across also stated that Stardust hoped to begin

THE KENTUCKY GENERAL ASSEMBLY  constructing high-efficiency modular Hayek explained that the report looks at business wise and to make the universities Interim Joint Committee classrooms. Challenges facing Stardust the progress that the state has made during more nimble and adaptable is being include shipping, employee taxes, sales the past decade and what gains need to be taken seriously. President King added on Appropriations and taxes, property taxes, and financing. The made between now and 2020 to realize the that as technology improves there will Revenue two largest obstacles are the unemployment college attainment and degree production be an increasing availability for students Budget Review Subcommittee on tax rate and the property taxes on boats. He goals set forth in the 1997 Postsecondary in all parts of the state to access higher Postsecondary Education asked that the General Assembly consider Education Improvement Act (HB 1 1997 learning. Minutes of the 5th Meeting making rate adjustments to those taxes. Special Session). In response to a question asked by of the 2011 Interim In response to Representative Kim In response to a question asked Representative Henley, President King November 29, 2011 King, Mr. Luhan stated that the modular by Representative Simpson, Mr. Hayek answered that, at the beginning of the Call to Order and Roll Call homes are built on rigid foundations. He stated that the figures in the report do not 2000s, about 60 percent of the operating The 5th meeting of the Budget testified that the homes were durable, include Sullivan University’s information. budgets in the institutions were financed Review Subcommittee on Postsecondary well-built, and long-lasting. In the future, Representative Simpson stated that he through state support. He stated that Education of the Interim Joint Committee homes can be built with FEMA approved would like to see technical training added number has declined to 50 percent. on Appropriations and Revenue was held safe rooms in case of tornados. to the data. President King stated that this Enrollment is increasing, and, to address on Tuesday, November 29, 2011, at 10:00 Representative Rader expressed report was based on census data which the impact of that growth, tuition will AM, in Room 154 of the Capitol Annex. concerns over the lack of affordable, does not include technical training as a increase. President King stated that most Representative Henley called the meeting energy efficient homes for the low-income category of its own. Mr. Hayek stated enterprises do not hire PHDs and do not to order, and the secretary called the roll. population. that Sullivan University is included in the need the same amount of technological Present were: In response to Representative Mills, population degrees portion of the data. infrastructure that goes into a college Members: Senator Jared Carpenter, Mr. Rickett stated that the $100,000 In response to a question asked by campus, which puts pressure on raising Co-Chair; Senators Gerald A. Neal, and prototype home contained 1,030 square Representative Simpson, President King tuition prices. Ken Winters; Representatives Kelly Flood, feet. stated that last week members of CPE New Academic Programs Policy Melvin B. Henley, Reginald Meeks, Jody In response to Senator McGaha, attended a conference on how to help and Procedures Richards, Carl Rollins II, and Rita Smart. Mr. Rickett said that some of the heating students recognize career pathways. The Dr. Aaron Thompson gave Guests: Dr. Aaron Thompson, Senior equipment and certain types of trusses conference concentrated on job-focused a presentation on the Council on Vice President for Academic Affairs, were not available for purchase in advising and directing students away from Postsecondary Education’s revised policy Council on Postsecondary Education Kentucky. Otherwise, almost all of the unnecessary courses. for approving new academic programs (CPE). Allen Lind, Vice President for materials used in the modular home were In response to a question asked by and new approach for reviewing existing Technology and eLearning, Council produced or made here in Kentucky. Representative Meeks, President King academic programs at public institutions. on Postsecondary Education. Dr. Karla There being no further business, the said that Kentucky is improving faster than Dr. Thompson indicated that CPE approved Hughes, Provost and Vice President meeting was adjourned at 12:00 p.m. any other state but because other states are the revised policy for the approval of new for Academic Affairs, Morehead State improving as well it will take some time academic programs and a new approach University. Dr. Jay Box, Chancellor, Interim Joint Committee to close the gap. President King added for the review of existing academic Kentucky Community and Technical on Appropriations and that at the time the goal was set by the programs at its September 2011 meeting. College System (KCTCS). Dr. Kumble legislature reaching the national average He explained that the policies tie the two Subbaswamy, Provost, University of Revenue would have positioned us to compete in processes together with a focus on student Kentucky. Ken Walker, Vice President, Budget Review Subcommittee on a global economy but other countries are learning outcomes, student and employer KCTCS. Postsecondary Education advancing so rapidly that Kentucky will demand, academic needs, centrality to the LRC Staff: Kelly Dudley and Amie Minutes of the 4th Meeting need to surpass the national average to be institution’s mission, consistency with the Elam. of the 2011 Interim able to compete. state’s strategic agenda, and prevention of Representative Henley requested a October 27, 2011 In response to a question asked unnecessary duplication of programs at motion to approve the minutes from the Call to Order and Roll Call by Representative Meeks, President other state institutions. September 22, 2011 meeting. A motion The 4th meeting of the Budget King answered that there is a flow In response to a question asked by was made and the minutes were approved Review Subcommittee on Postsecondary of communication between CPE and Representative Meeks, Dr. Thompson without objection. Education of the Interim Joint Committee Jefferson County to achieve education answered that non-profit and private on Appropriations and Revenue was held goals in the metropolitan area and increase institutions follow the same process as New Academic Programs Policy on Thursday, October 27, 2011, at 10:00 the number of degree holding citizens by public institutions. He added that there is a and Procedures AM, in Room 154 of the Capitol Annex. 55,000. more complete group of people to review Representative Henley welcomed Dr. Senator Jared Carpenter, Chair, called the In response to a question asked each campus at public institutions. Thompson from CPE to give a presentation meeting to order, and the secretary called by Representative Richards, President Representative Simpson asked Dr. on the policy and procedures for approval the roll. King answered that the financial aid Thompson and Dr. Bell to return to the of new academic programs. Present were: program has grown tremendously since next subcommittee meeting on November In response to a question by Members: Senator Jared Carpenter, the decision was made to apply lottery 29, 2011 to provide ample time for their Representative Rollins, Dr. Thompson Co-Chair; Representative Arnold Simpson, proceeds to financial aid. President King presentation. responded that in the list of the most Co-Chair; Representatives Melvin B. added that actual spending per student has Representative Henley stated the popular majors the popularity is based Henley, Reginald Meeks, Jody Richards, gone down. President King said that the importance of national accreditation of on the number of students enrolled in the and Kevin Sinnette. state share of tuition has gone down while programs. He added that if a program particular program. Dr. Thompson stated Guests: Bob King, President, Council tuition continues to go up. is nationally accredited students can be that he would provide the committee on Postsecondary Education; John Hayek, In response to a question asked by assured a good education because these with an expanded list of the most popular Senior Vice President for Budget, Planning, Representative Stacy, President King programs are reviewed every three to four majors. and Policy, Council on Postsecondary answered that in the strategic agenda the years. In response to a question by Education; Dr. Aaron Thompson, Senior first part of the agenda is to help K-12 In response to a question asked by Representative Rollins, Dr. Thompson Vice President for Academic Affairs, be successful by producing increasing Representative Carney, President King answered that there are only a small number Council on Postsecondary Education; numbers of students that are college answered that that last year the General of new programs that are denied but and Dr. Melissa Bell, Director for Student ready. He added that by making K-12 Assembly passed legislation that would almost ninety percent of requests are sent Success, Council on Postsecondary more successful, the areas on the map in provide a new tax benefit for the creation back for more information. Dr. Thompson Education. the report with lower degree attainments of scholarships if they are done through stated that the criteria for coursework at LRC Staff: Kelly Dudley, Tom levels will see an increase in their numbers. a community foundation. He agreed that community colleges is aligned with the Willis, and Amie Elam. Representative Stacy asked what the private encouraging more employers to provide universities. Dr. Thompson stated that National Center for Higher universities were being asked to do, and if educational support to their workforces is the institution determines the timeline for Education Management Systems they were being held to the same standard essential. program reviews and it is often based on (NCHEMS) Report as the public universities. President King Representative Simpson thanked the accreditation process. CPE provided an overview of a answered that the private institutions were Greg Rush for his time served as the analyst In response to a question by report conducted by the National Center producing nearly 25 percent of graduates for the Postsecondary Subcommittee, Representative Meeks, Dr. Thompson for Higher Education Management in Kentucky each year. He added that CPE and welcomed Kelly Dudley as the new answered that the process for program Systems entitled “Realizing Kentucky’s has no budgetary or tuition setting control analyst. review outlined in his presentation pertains Educational Attainment Goal: A Look over private universities. There being no further business only to public institutions. He added in the Rear View Mirror and Down the In response to a question asked by before the committee, the meeting was that request process for a new academic Road Ahead.” President King and Dr. Representative Stacy, President King adjourned at 12:09 PM. program usually takes six months from stated that the notion to be competitive

 2011 Interim LEGISLATIVE RECORD beginning to end. Denise Harper Angel, Jimmy Higdon, $1.2 trillion in deficit reductions measures Department of Revenue/Finance Cabinet In response to a question by Ray S. Jones II, Alice Forgy Kerr, Vernie by that time. and ACS State and Local Solutions relating Representative Smart, Dr. Hughes McGaha, Gerald A. Neal, R.J. Palmer Mr. Hicks stated that the impact to assistance with corporate audits was not answered that limited access to programs II, Joey Pendleton, Brandon Smith, of federal sequestration would be felt in continued after the initial term, and that in the medical field is often due to lack Jack Westwood, and Mike Wilson; many areas of Kentucky. Sequestration no taxes were collected which would have of clinical sites and specific accreditation Representatives Royce W. Adams, John A. would result in automatic, across-the- resulted in contingency fees being paid to rules on the faculty to student ratio. Arnold Jr., Dwight D. Butler, John “Bam” board cuts in budgetary resources to take ACS during the term of the agreement. Rotational clinical sites including weekend Carney, James R. Comer Jr., Ron Crimm, effect in January of 2013, with 50 percent There being no further business, the rotations have been added to create more Mike Denham, Bob M. DeWeese, Kelly from defense and 50 percent from non- meeting was adjourned at 2:45 p.m. access to these programs. Flood, Danny Ford, Derrick Graham, defense sources. Certain agencies are In response to a question by Keith Hall, Richard Henderson, Jimmie exempt from sequestration, including Interim Joint Committee Representative Horlander, President King Lee, Reginald Meeks, Lonnie Napier, Fred Medicaid, KCHIP, TANF, Supplemental answered that CPE is developing a survey Nesler, Sannie Overly, Marie Rader, Jody Nutrient Assistance Program, foster care, on Appropriations and to ask employers about the preparedness Richards, Jim Stewart III, Tommy Turner, Pell grants, highway traffic safety, and Revenue of graduates and to get a sense of business Jim Wayne, Alecia Webb-Edgington, others. The largest areas which would Budget Review Subcommittee on needs around the state. Susan Westrom, and Brent Yonts. not be exempt from sequestration cuts General Government, Trends in Planning and Budgeting Guests: Ms. Mary Lassiter, Secretary include education, Head Start, National Finance, and Public Protection for Virtual Education of the Governor’s Executive Cabinet Guard, clean & drinking water revolving Minutes of the 1st Meeting Allen Lind gave a brief introduction and State Budget Director; Ms. Mary fund, transit grants, aging programs, of the 2011 Interim of the university representatives, which Elizabeth Harrod, Division of Employee community block grants, Homeland November 29, 2011 included focus areas for strategic Management, Personnel Cabinet; Mr. Security, Employment Services, and Call to Order and Roll Call improvement and the growth rates of Robbie Perkins, Division of Technology LIHEAP, among others. It is estimated The first meeting of the Budget online learning. Services, Personnel Cabinet; Mr. Mack that the areas not exempt could see an 8.8 Review Subcommittee on General In response to a question by Gillim, Executive Director of the Office of percent reduction in federal funding. Government, Finance, and Public Representative Smart, Dr. Box answered Processing & Enforcement; Department of Recognition of committee member Protection of the Interim Joint Committee that at KCTCS face to face learning has Revenue; and Mr. Don Speer, Executive Chairman Leeper presented on Appropriations and Revenue was held an eighty-one percent student success rate, Director, Office of Procurement Services, Representative James R. Comer Jr. with a on Tuesday, November 29, 2011, at 10:00 learn by term is seventy-seven percent, Finance and Administration Cabinet. resolution honoring him for his years of AM, in Room 131 of the Capitol Annex. and learn on demand has a sixty-seven service on the Appropriations and Revenue Senator Jack Westwood, Chair, called the percent success rate. LRC Staff: Pam Thomas, John Scott, committee. Representative Nesler moved meeting to order, and the secretary called In response to a question by Charlotte Quarles, Eric Kennedy, Jennifer for the adoption of the resolution. The the roll. Representative Henley, Dr. Hughes Hays, and Sheri Mahan. motion was seconded by Representative Present were: answered that teamwork is fostered Representative Ford moved that Ford. The motion carried by voice vote. Members: Senator Jack Westwood, through group assignments online and in the minutes from the previous meeting Representative Comer thanked the Co-Chair; Representative Royce W. the workplace. She added that Skype is be approved as written. The motion was committee for the resolution and stated that Adams, Co-Chair; Representatives Leslie also used for group projects. seconded by Senator Westwood. The he valued his service on the committee. Combs, Mike Denham, Adam Koenig, KCTCS Capital Projects minutes were approved by voice vote. Implementation of the new Tom McKee, Tanya Pullin, Steve Riggs, Prioritization Process Reductions mandated and gaps personnel system Tom Riner, and Wilson Stone. Ken Walker gave a presentation on created by the budget for FY12 Mr. Robbie Perkins, Division Guests: Corey Kline, Special the capital project prioritization process Ms. Mary Lassiter, Secretary of the of Technology Services, Personnel Assistant, Office of the Secretary, Finance utilized by KCTCS. Mr. Walker explained Governor’s Executive Cabinet and State Cabinet, discussed implementation of the and Administration Cabinet; Robin that the process includes a Strategic Budget Director gave an overview of Kentucky Human Resources Information Morley, Special Assistant, Office of the Needs Analysis, evaluation by facility FY12 budget balancing measures to be System (KHRIS). He reported that the Secretary, Finance and Administration management staff, ranking according to implemented by the Executive Branch. system is the largest enterprise-wide Cabinet; Lynsey Womack-Denney, KCTCS’s Six-year Capital Plan ranking The secretary summarized cuts that have technology transformation in the history General Counsel, Department for Local criteria, review by 16 college presidents been implemented to date, and reported of Kentucky state government. The new Government; Jamie Mangeot, Local prior to submission to the Capital that agencies were informed that an system replaced the payroll system, Government Advisor, Department for Local Planning Advisory Board, consideration additional cut of 2 percent would be benefits administration system, life Government; Tamara Sandberg, Executive by Capital Planning and Advisory Board, implemented during FY12, noting that for insurance system, and approximately 25 Director, Kentucky Association of Food and approval by the KCTCS Board of the most part, state agencies exempt from other systems used for human resource Banks; Marion Guinn, CEO, God’s Pantry Regents. prior cuts would also be exempted from functions in state government. The system Food Bank; David Neville, Manager and In response to a question by the cuts in FY12. She noted that revenues went live on April 4, 2011 and has been Auctioneer, Capstone Produce Market; Representative Belcher, Mr. Walker are improving; however FY13 and FY14 implemented with very few problems or Brian Riendeau, Executive Director, Dare answered that he would provide the will still be very challenging. The secretary issues. Some reports from the system for to Care Food Bank; and Walt Gaffield, committee with a list of capital projects reported that actual revenue collections use in budgeting and planning purposes Director of Administrative Services, criteria. continue to exceed the CFG forecast, are currently available and others are Personnel Cabinet. and that a portion of those revenues will in the final testing phases and will be LRC Staff: Tom Willis, Frank Willey, There being no further business be used to balance the FY12 budget. available soon. Katherine Halloran, Perry Papka, Jennifer before the subcommittee, the meeting was Additional spending reductions will be Mr. Robbie Perkins then discussed Rowe, and Spring Emerson. adjourned at 12:12 p.m. imposed, including recurring savings from the various functions which will be Smart Government Initiative non-merit reductions during 2011, debt combined within the new KHRIS system. Robin Morley and Corey Kline, Interim Joint Committee restructuring, and the 2 percent reduction. These functions include organizational Special Assistants, Office of the Secretary, on Appropriations and These measures will result in $189.1 management, such as position control, Finance and Administration Cabinet, million in revenues to offset the projected workforce planning, and re-organization provided an overview of the Smart Revenue shortfall. The secretary noted that despite modeling. Personnel administration Government Initiative (SGI), which was Minutes of the 6th Meeting our revenue shortfalls, Kentucky has still functions such as management of employee launched in January 2010 by Governor of the 2011 Interim fared better than many states during the records and performance management Beshear. November 29, 2011 recession. will also be encompassed. Payroll, time In response to a question from Call to Order and Roll Call Mr. John Hicks, Deputy Budget and labor, and benefits administration Chairman Westwood regarding the self- The 6th meeting of the Interim Director, then discussed the potential will also be handled through the KHRIS insured fleet, Ms. Morley said there was Joint Committee on Appropriations and impact of federal budget sequestration system. KHRIS will eventually become a a separate fund in the accounting system Revenue was held on Tuesday, November on Kentucky. He discussed the Budget self service system, allowing employees for the payment of claims and the agencies 29, 2011, at 1:00 PM, in Room 154 of Control Act of 2011, which set caps on and managers to manage their own are issued a premium which is a source of the Capitol Annex. Senator Bob Leeper, federal discretionary spending for 2012 information within the system. revenue for the fund. She stated she would Chair, called the meeting to order, and the until 2021. The Act also established the Department of Revenue provide more information regarding secretary called the roll. “Supercommittee,” and put into place contingency fee contracts for collecting investments at a later date. Present were: automatic procedures called Sequestration taxes In response to a question from Members: Senator Bob Leeper, Co- to reduce spending by $1.2 trillion Mr. Mack Gillim, Executive Director Representative Stone, Ms. Morley said Chair; Representative Rick Rand, Co- through 2021. The sequestrations will of the Office of Processing & Enforcement; energy savings performance plans are Chair; Senators Walter Blevins Jr., Joe automatically be enacted on January 15, Department of Revenue informed the components of a comprehensive energy Bowen, Tom Buford, Jared Carpenter, 2012, if Congress does not enact at least committee that an agreement between the

THE KENTUCKY GENERAL ASSEMBLY  management plan for state facilities. Ms. have balanced budgets in order to receive quasi-governmental agencies. Representative Tilley provided an update Kline added that there is no statewide ADF dollars. In response to a question from on a few aspects of House Bill 463. formal audit in place. In response to a question from Representative Adams, Mr. Gaffield said In response to a question asked In response to questions from Representative Riner, Ms. Womack- even though some agencies drop out of by Chairman Crenshaw, Commissioner Representative Adams, Ms. Morley Denney said she would work with him at the program, others come in. He said three Thompson stated that $6 million was said reductions have been made in the a later date regarding the distribution of agencies are joining the plan in January. expected to be received for Northpoint number of vehicles in the fleet and global computer equipment being retired from In response to a question from Training Center from the insurance positioning systems (GPS) were installed manufacturers. Representative Koenig, Mr. Gaffield said company, of which they have received in all state vehicles, which includes trucks Kentucky Association of Food not all counties are included and it is based $4.5 million. She stated that there should as well as passenger vehicles. Ms. Morley Banks upon the amount of money available. He be another $1.5 million owed to them. In will provide a summary of requirements Tamara Sandberg, Executive added that it is not based on regulations, addition to the expected $6 million, the for contractors’ vehicles at a later date. Director, Kentucky Association of Food but rather on head counts. He also said department has received $11 million for She also said that practices were adopted Banks; Marion Guinn, CEO, God’s Pantry that the Kentucky Bar Association and expenses incurred due to displacement of and mandated for all vehicles owned Food Bank; David Neville, Manager and the Kentucky County Judge Executives inmates. and managed by the Division of Fleet Auctioneer, Capstone Produce Market; Association were members last year. In response to an inquiry from Management, which is approximately and Brian Riendeau, Executive Director, In response to questions from Chairman Crenshaw, Stephen Castle, 50 percent of the total state fleet. Those Dare to Care Food Bank, provided an Representative Riggs, Mr. Gaffield said Director of Administrative Services for agencies which are not governed by the overview of the Kentucky Association of those members listed as corporate entities the Department of Corrections, stated that Executive Branch are encouraged to adopt Food Banks (KAFB) and the work they fit the definition of quasi-governmental the department is in negotiations with the those best practices. do to help alleviate hunger throughout the agencies, such as multi-county social insurance company because of items in In response to a question from Commonwealth. services groups. He added that he would dispute; therefore, it is difficult to say what Representative Denham, Ms. Morley said In response to a question from provide statutory information at a later the exact total receipts will be. Additional part of the audit process is comparing Representative Denham, Ms. Sandberg date. He also said that quasi-governmental receipts are anticipated for housing of wireless telephone subscriptions to actual said the KAFB had distributed produce agencies must pay the same premiums and displaced inmates. usage as well as comparing number of to 108 counties in Kentucky this past receive the same types of coverage. In response to a question asked by users and number of calls on landline summer. She said the reason they were There being no further business Chairman Crenshaw, Mr. Castle stated telephones. Ms. Morley will provide unable to distribute to all 120 counties before the subcommittee, Chairman that items in dispute included prescription actual savings realized by the SGI at a was a volume issue, and produce had been Westwood entertained a motion to adjourn. drugs and officer meal reimbursements later date. allocated by the percent of poverty per Motion was made by Representative necessary during the displacement period. In response to a question from district. She added that they would contact Denham, seconded by Representative Disputed receipts are not for a large sum Chairman Westwood, Ms. Morley said the Mason County Produce Auction. McKee, and the meeting was adjourned of money. health insurance projections are based on In response to questions from without objection at 11:52 AM. In response to a question asked past claims history. She added that actual Representative Adams, Ms. Sandberg said by Chairman Crenshaw, Commissioner savings would not be realized until the their budget request would go through the Interim Joint Committee Thompson stated that the Department first twelve-month period has passed. Department of Agriculture. She also said expects to receive some federal Medicaid Representative Riner commented they work closely with the Kentucky Proud on Appropriations and funds for inmate care; however, the that many of the small post offices in program, which had been very helpful in Revenue department is in the early stages of rural areas are facing possible closure as accessing the producers. Representative Budget Review Subcommittee on acquiring the information needed to be they try to cut back on expenses. He said Adams commented that other states had Justice and Judiciary able to receive those funds. if there is a decrease in postage, the post been using this concept successfully for a Minutes of the First Meeting In response to a question asked office would probably be cut, along with number of years. He asked if the KAFB of the 2011 Interim by Chairman Crenshaw, Commissioner the jobs associated with it. had looked into the Hunters for the Hungry October 27, 2011 Thompson stated that she does not have Area Development Fund program and Ms. Sandberg replied in the Call to Order and Roll Call an estimate as to how much money will be Lynsey Womack-Denney, General affirmative. The first meeting of the Budget received by the department from federal Counsel and Legislative Liaison, and Jamie Representative McKee commented Review Subcommittee on Justice and Medicaid dollars. Mr. Castle stated that Mangeot, Local Government Advisor that the work KAFB does is extremely Judiciary of the Interim Joint Committee he was doubtful that the estimate would and Manager of the Area Development important and they are doing a great job on Appropriations and Revenue was be available before the completion of the Fund, Department for Local Government meeting the challenges presented. held on Thursday, October 27, 2011, at 2012-2014 biennial budget. (DLG), provided an overview of the Area In response to a question from 10:30 AM, in Room 149 of the Capitol In response to a question asked by Development Fund. Representative Stone, Ms. Guinn said Annex. Representative Jesse Crenshaw, Representative Yonts, Commissioner In response to questions from the food banks pursue other sources Chair, called the meeting to order, and the Thompson stated that the difference Representative Adams, Ms. Womack- of benevolence in the community and secretary called the roll. between the $18 million loss from the Denney said the variance in amounts in could not operate without that support. Present were: Northpoint Training Center riots and the the Area Development Districts (ADDs) She added that more than fifty percent Members: Representative Jesse $6 million estimated to be received from are the result of the 60/20/20 formula, of God’s Pantry Food Bank’s budget Crenshaw, Co-Chair; Representatives the insurance company is being made up based on population, manufacturing was made up of contributions from Ron Crimm, Joni L. Jenkins, Martha Jane by the issuance of state bonds. employment, and per capita income. Each individuals, organizations, corporations, King, John Tilley, and Brent Yonts. In response to a question asked by county is allotted an amount based on that and foundations. Guests: J. Michael Brown, Secretary Representative Yonts, Commissioner formula then it is distributed by the ADD. Representative Pullin commented of the Justice and Public Safety Cabinet; Thompson stated that the statute that Ms. Mangeot said current regulations that the local food bank in her district Charles Geveden, Deputy Secretary of requires an increase in pay for officers has require that projects be completed within was originated with various church the Justice and Public Safety Cabinet; not been implemented. two years. Ms. Womack-Denney added groups pulling together with a program Ladonna Thompson, Commissioner of In response to a question asked by that Area Development Funds are separate called Helping Hands. She inquired the Department of Corrections; Rodney Representative Yonts, Commissioner from coal severance dollars. She will as to why this group was not listed on Brewer, Commissioner of the Kentucky Thompson reassured Representative provide information regarding the agency the presentation. Ms. Guinn replied the State Police; and Ron Haws, Commissioner Yonts that the intent of House Bill 463 budget request at a later date. Helping Hands group were a member of the Department of Juvenile Justice. was to place inmates with substance abuse In response to questions from agency in the network of food banks and LRC Staff: Mike Mullins and problems into mental health programs. Representative Koenig, Ms. Womack- would fall under the Huntington Area Christina Williams. He stated that he is receiving several Denney said funding is no longer based Food Bank, which although it is based in letters per week from families of inmates upon coal severance, it is now all General West Virginia includes three and one-half Chairman Crenshaw welcomed and/or inmates that are paroled subject to Fund dollars and is very important to local counties in Kentucky. committee members and guests. completion of a substance abuse program. governments. In response to a question from Department of Corrections Budget The letters state that some facilities have a In response to a question from Representative Riggs, Ms. Sandberg said Update six month to one year waiting list, or they Chairman Westwood, Ms. Womack- the funds received by the KADF were the Ms. Ladonna Thompson, do not have a program for the parolee to Denney said priority is given to those result of a one-time grant. Commissioner of the Department attend at all. Representative Yonts further who have matching funds. Ms. Mangeot Quasi-Governmental Employees of Corrections, gave an update on stated that inmates who are getting into the added that the amount of matching funds Health Insurance Subsidy the Department’s budget status and program in parts of Eastern Kentucky are depends on the project. Walt Gaffield, Director of expectations, and the plans the department purposefully violating rules to be removed In response to a question from Administrative Services, Personnel has for the 2012-2014 biennial budget. from it because the program director has Representative Riggs, Ms. Womack- Cabinet, provided an overview of the Commissioner Thompson and problems with proper administration. Denney said the local governments must State Group Health Fund as it relates to Inmates are aware of this and refuse to go

10 2011 Interim LEGISLATIVE RECORD there. Representative Yonts asked what is stated that the few officers who move to of the 2011 Interim Rotational clinical sites including weekend being done to address these issues. other police agencies usually move to a November 29, 2011 rotations have been added to create more Commissioner Thompson stated local sheriff’s department. Many of the Call to Order and Roll Call access to these programs. that the department has researched and troopers that the department loses are The 5th meeting of the Budget In response to a question by contacted several resources. It is working employed by federal agencies. Review Subcommittee on Postsecondary Representative Horlander, President King with these resources to enable inmates In response to a question asked by Education of the Interim Joint Committee answered that CPE is developing a survey to have a home placement and travel Representative Yonts, Commissioner on Appropriations and Revenue was held to ask employers about the preparedness from home placement to the substance Brewer stated that the new trooper vehicle on Tuesday, November 29, 2011, at 10:00 of graduates and to get a sense of business abuse program. She further stated that the will be a Chevy Caprice. AM, in Room 154 of the Capitol Annex. needs around the state. department is looking into using some Department of Juvenile Justice Representative Henley called the meeting Trends in Planning and Budgeting community mental health facilities for Budget Update to order, and the secretary called the roll. for Virtual Education inmates to complete a substance abuse Ron Haws, Commissioner of the Present were: Allen Lind gave a brief introduction program. The department is looking into Department of Juvenile Justice, gave an Members: Senator Jared Carpenter, of the university representatives, which facilities that were used in the past for update on the department’s budget status Co-Chair; Senators Gerald A. Neal, and included focus areas for strategic substance abuse programs to see if they and the expectations. Ken Winters; Representatives Kelly Flood, improvement and the growth rates of are available for use. In response to a question asked Melvin B. Henley, Reginald Meeks, Jody online learning. Commissioner Thompson stated by Chairman Crenshaw, Commissioner Richards, Carl Rollins II, and Rita Smart. In response to a question by there are a large number of inmates who Haws stated there are no immediate plans Guests: Dr. Aaron Thompson, Senior Representative Smart, Dr. Box answered need the substance abuse program in to reopen the Laurel Regional Juvenile Vice President for Academic Affairs, that at KCTCS face to face learning has order to be paroled, and it is certainly a Detention Center; however, there are plans Council on Postsecondary Education an eighty-one percent student success rate, problem. The department is in the process to reopen the facility in 2014. (CPE). Allen Lind, Vice President for learn by term is seventy-seven percent, of addressing the problem. In response to a question asked by Technology and eLearning, Council and learn on demand has a sixty-seven Representative Yonts asked the Chairman Crenshaw, Commissioner Haws on Postsecondary Education. Dr. Karla percent success rate. department to provide a list of all the stated that the buildings that housed the Hughes, Provost and Vice President In response to a question by inmates within each facility who are facilities in Lexington for the Bluegrass for Academic Affairs, Morehead State Representative Henley, Dr. Hughes eligible for parole contingent upon the Treatment Center have been handed over University. Dr. Jay Box, Chancellor, answered that teamwork is fostered completion of a substance abuse program, to the Department of Finance since the Kentucky Community and Technical through group assignments online and in and a list that shows how many months facility’s closure. He further stated that College System (KCTCS). Dr. Kumble the workplace. She added that Skype is of waiting time before the inmate is able there are no plans to reopen the Bluegrass Subbaswamy, Provost, University of also used for group projects. to complete a substance abuse program. Treatment Center. Kentucky. Ken Walker, Vice President, KCTCS Capital Projects Commissioner Thompson stated that the In response to a question asked KCTCS. Prioritization Process department would provide the list. by Chairman Crenshaw, Commissioner LRC Staff: Kelly Dudley and Amie Ken Walker gave a presentation on Department of Kentucky State Haws stated that the possibility of closing Elam. the capital project prioritization process Police Budget Update additional youth centers would depend Representative Henley requested a utilized by KCTCS. Mr. Walker explained Commissioner Brewer gave an on the 2012-2014 biennial budget. He motion to approve the minutes from the that the process includes a Strategic update on the Department of Kentucky indicated that if things continue as they September 22, 2011 meeting. A motion Needs Analysis, evaluation by facility State Police’s budget status. are currently, there will not be a need for was made and the minutes were approved management staff, ranking according to In response to a question asked additional closings. without objection. KCTCS’s Six-year Capital Plan ranking by Chairman Crenshaw, Commissioner In response to a question asked by criteria, review by 16 college presidents Brewer stated that there will be 60 new Representative Tilley, Commissioner New Academic Programs Policy prior to submission to the Capital cadets graduating out of the most recent Haws stated that implementation of the and Procedures Planning Advisory Board, consideration cadet training class. Juvenile Detention Alternative Initiative Representative Henley welcomed Dr. by Capital Planning and Advisory Board, In response to a question asked (JDAI) program has begun in Henderson Thompson from CPE to give a presentation and approval by the KCTCS Board of by Chairman Crenshaw, Commissioner County. He stated that the internal on the policy and procedures for approval Regents. Brewer stated that the next cadet training structure and managing strategies are of new academic programs. In response to a question by class will be an accelerated training class, currently being set up. Commissioner In response to a question by Representative Belcher, Mr. Walker and the targeted start date for that class is Haws stated that he expects there will be Representative Rollins, Dr. Thompson answered that he would provide the April 15, 2012. approximately 365 juveniles who will not responded that in the list of the most committee with a list of capital projects In response to a question asked be placed in the juvenile justice system popular majors the popularity is based criteria. by Chairman Crenshaw, Commissioner due to this program. on the number of students enrolled in the Brewer stated that he believes the Trooper Representative Tilley stated that the particular program. Dr. Thompson stated There being no further business R Program, where retired officers can program does not deal with children who that he would provide the committee before the subcommittee, the meeting was be hired back, has not materialized as commit crimes; rather, the program deals with an expanded list of the most popular adjourned at 12:12 p.m. expected because troopers are looking for with children who are status offenders. majors. the “catch.” Few adjustments have been In response to a question asked by In response to a question by Interim Joint Committee made to the program. He believes another Representative Yonts, Commissioner Representative Rollins, Dr. Thompson on Appropriations and reason for lack of interest in the program Haws stated that approximately 20 percent answered that there are only a small number is that troopers are working harder of the juveniles were originally status of new programs that are denied but Revenue and longer due to a smaller workforce. offenders who were probated and are now almost ninety percent of requests are sent Budget Review Subcommittee on Troopers are unable to work all the federal assigned to the department because of back for more information. Dr. Thompson Primary and Secondary Education overtime they are allotted regarding DUI probation violations. stated that the criteria for coursework at Minutes of the 4th Meeting enforcement, speed enforcement, and In response to a question from community colleges is aligned with the of the 2011 Interim marijuana suppression due to increased Representative Yonts, Commissioner universities. Dr. Thompson stated that October 27, 2011 workload during normal working hours. Haws stated that, if the status offender the institution determines the timeline for Call to Order and Roll Call Troopers want and need a day off for problem were solved by the JDAI program, program reviews and it is often based on The 4th meeting of the Budget Review safety concerns. Commissioner Brewer and the department’s budgetary needs the accreditation process. Subcommittee on Primary and Secondary said that part of the lack of response to were lessened because of that impact, the In response to a question by Education of the Interim Joint Committee the Trooper R program is due to troopers department would reallocate resources to Representative Meeks, Dr. Thompson on Appropriations and Revenue was held having worked long and hard hours over assist in the probated category or to help answered that the process for program on Thursday, October 27, 2011, at 10:00 the past few years, and retired troopers are find alternatives to detention. review outlined in his presentation pertains AM, in Room 154 of the Capitol Annex. moving on to other opportunities. Chairman Crenshaw thanked all in only to public institutions. He added Senator Jared Carpenter, Chair, called the In response to a question asked by attendance and adjourned the meeting at that request process for a new academic meeting to order, and the secretary called Representative Yonts, Commissioner 11:37 a.m. program usually takes six months from the roll. Brewer stated that the department has not beginning to end. Present were: run the most recent salary comparison of Interim Joint Committee In response to a question by Members: Senator Jared Carpenter, Kentucky state troopers to state troopers on Appropriations and Representative Smart, Dr. Hughes Representatives John “Bam” Carney, Will in surrounding states. The previous year’s answered that limited access to programs Coursey, Ted Edmonds, Rick G. Nelson, salary comparison ranked Kentucky in Revenue in the medical field is often due to lack and John Will Stacy. the middle. To his knowledge, very few Budget Review Subcommittee on of clinical sites and specific accreditation Guests: Bob King, President, Council officers who retire or resign go on to other Postsecondary Education rules on the faculty to student ratio. on Postsecondary Education; John Hayek, police agencies. Commissioner Brewer Minutes of the 5th Meeting

THE KENTUCKY GENERAL ASSEMBLY 11 Senior Vice President for Budget, Planning, Representative Stacy, President King programs are reviewed every three to four with an expanded list of the most popular and Policy, Council on Postsecondary answered that in the strategic agenda the years. majors. Education; Dr. Aaron Thompson, Senior first part of the agenda is to help K-12 In response to a question asked by In response to a question by Vice President for Academic Affairs, be successful by producing increasing Representative Carney, President King Representative Rollins, Dr. Thompson Council on Postsecondary Education; numbers of students that are college answered that that last year the General answered that there are only a small number and Dr. Melissa Bell, Director for Student ready. He added that by making K-12 Assembly passed legislation that would of new programs that are denied but Success, Council on Postsecondary more successful, the areas on the map in provide a new tax benefit for the creation almost ninety percent of requests are sent Education. the report with lower degree attainments of scholarships if they are done through back for more information. Dr. Thompson LRC Staff: Kelly Dudley, Tom levels will see an increase in their numbers. a community foundation. He agreed that stated that the criteria for coursework at Willis, and Amie Elam. Representative Stacy asked what the private encouraging more employers to provide community colleges is aligned with the universities were being asked to do, and if educational support to their workforces is universities. Dr. Thompson stated that National Center for Higher they were being held to the same standard essential. the institution determines the timeline for Education Management Systems as the public universities. President King Representative Simpson thanked program reviews and it is often based on (NCHEMS) Report answered that the private institutions were Greg Rush for his time served as the analyst the accreditation process. CPE provided an overview of a producing nearly 25 percent of graduates for the Postsecondary Subcommittee, In response to a question by report conducted by the National Center in Kentucky each year. He added that CPE and welcomed Kelly Dudley as the new Representative Meeks, Dr. Thompson for Higher Education Management has no budgetary or tuition setting control analyst. answered that the process for program Systems entitled “Realizing Kentucky’s over private universities. There being no further business review outlined in his presentation pertains Educational Attainment Goal: A Look In response to a question asked by before the committee, the meeting was only to public institutions. He added in the Rear View Mirror and Down the Representative Stacy, President King adjourned at 12:09 PM. that request process for a new academic Road Ahead.” President King and Dr. stated that the notion to be competitive program usually takes six months from Hayek explained that the report looks at business wise and to make the universities beginning to end. the progress that the state has made during more nimble and adaptable is being Interim Joint Committee In response to a question by the past decade and what gains need to be taken seriously. President King added on Appropriations and Representative Smart, Dr. Hughes made between now and 2020 to realize the that as technology improves there will Revenue answered that limited access to programs college attainment and degree production be an increasing availability for students Budget Review Subcommittee on in the medical field is often due to lack goals set forth in the 1997 Postsecondary in all parts of the state to access higher Primary and Secondary Education of clinical sites and specific accreditation Education Improvement Act (HB 1 1997 learning. Minutes of the 5th Meeting rules on the faculty to student ratio. Special Session). In response to a question asked by of the 2011 Interim Rotational clinical sites including weekend In response to a question asked Representative Henley, President King November 29, 2011 rotations have been added to create more by Representative Simpson, Mr. Hayek answered that, at the beginning of the Call to Order and Roll Call access to these programs. stated that the figures in the report do not 2000s, about 60 percent of the operating The 5th meeting of the Budget Review In response to a question by include Sullivan University’s information. budgets in the institutions were financed Subcommittee on Primary and Secondary Representative Horlander, President King Representative Simpson stated that he through state support. He stated that Education of the Interim Joint Committee answered that CPE is developing a survey would like to see technical training added number has declined to 50 percent. on Appropriations and Revenue was held to ask employers about the preparedness to the data. President King stated that this Enrollment is increasing, and, to address on Tuesday, November 29, 2011, at 10:00 of graduates and to get a sense of business report was based on census data which the impact of that growth, tuition will AM, in Room 154 of the Capitol Annex. needs around the state. does not include technical training as a increase. President King stated that most Representative Henley called the meeting Trends in Planning and Budgeting category of its own. Mr. Hayek stated enterprises do not hire PHDs and do not to order, and the secretary called the roll. for Virtual Education that Sullivan University is included in the need the same amount of technological Present were: Allen Lind gave a brief introduction population degrees portion of the data. infrastructure that goes into a college Members: Senator Jared Carpenter, of the university representatives, which In response to a question asked by campus, which puts pressure on raising Co-Chair; Senators Gerald A. Neal, included focus areas for strategic Representative Simpson, President King tuition prices. and Ken Winters; Representatives Will improvement and the growth rates of stated that last week members of CPE New Academic Programs Policy Coursey, Dennis Horlander, Charles online learning. attended a conference on how to help and Procedures Miller, Carl Rollins II, and John Will In response to a question by students recognize career pathways. The Dr. Aaron Thompson gave Stacy. Representative Smart, Dr. Box answered conference concentrated on job-focused a presentation on the Council on Guests: Dr. Aaron Thompson, Senior that at KCTCS face to face learning has advising and directing students away from Postsecondary Education’s revised policy Vice President for Academic Affairs, an eighty-one percent student success rate, unnecessary courses. for approving new academic programs Council on Postsecondary Education learn by term is seventy-seven percent, In response to a question asked by and new approach for reviewing existing (CPE). Allen Lind, Vice President for and learn on demand has a sixty-seven Representative Meeks, President King academic programs at public institutions. Technology and eLearning, Council percent success rate. said that Kentucky is improving faster than Dr. Thompson indicated that CPE approved on Postsecondary Education. Dr. Karla In response to a question by any other state but because other states are the revised policy for the approval of new Hughes, Provost and Vice President Representative Henley, Dr. Hughes improving as well it will take some time academic programs and a new approach for Academic Affairs, Morehead State answered that teamwork is fostered to close the gap. President King added for the review of existing academic University. Dr. Jay Box, Chancellor, through group assignments online and in that at the time the goal was set by the programs at its September 2011 meeting. Kentucky Community and Technical the workplace. She added that Skype is legislature reaching the national average He explained that the policies tie the two College System (KCTCS). Dr. Kumble also used for group projects. would have positioned us to compete in processes together with a focus on student Subbaswamy, Provost, University of KCTCS Capital Projects a global economy but other countries are learning outcomes, student and employer Kentucky. Ken Walker, Vice President, Prioritization Process advancing so rapidly that Kentucky will demand, academic needs, centrality to the KCTCS. Ken Walker gave a presentation on need to surpass the national average to be institution’s mission, consistency with the LRC Staff: Kelly Dudley and Amie the capital project prioritization process able to compete. state’s strategic agenda, and prevention of Elam. utilized by KCTCS. Mr. Walker explained In response to a question asked unnecessary duplication of programs at Representative Henley requested a that the process includes a Strategic by Representative Meeks, President other state institutions. motion to approve the minutes from the Needs Analysis, evaluation by facility King answered that there is a flow In response to a question asked by September 22, 2011 meeting. A motion management staff, ranking according to of communication between CPE and Representative Meeks, Dr. Thompson was made and the minutes were approved KCTCS’s Six-year Capital Plan ranking Jefferson County to achieve education answered that non-profit and private without objection. criteria, review by 16 college presidents goals in the metropolitan area and increase institutions follow the same process as New Academic Programs Policy prior to submission to the Capital the number of degree holding citizens by public institutions. He added that there is a and Procedures Planning Advisory Board, consideration 55,000. more complete group of people to review Representative Henley welcomed Dr. by Capital Planning and Advisory Board, In response to a question asked each campus at public institutions. Thompson from CPE to give a presentation and approval by the KCTCS Board of by Representative Richards, President Representative Simpson asked Dr. on the policy and procedures for approval Regents. King answered that the financial aid Thompson and Dr. Bell to return to the of new academic programs. In response to a question by program has grown tremendously since next subcommittee meeting on November In response to a question by Representative Belcher, Mr. Walker the decision was made to apply lottery 29, 2011 to provide ample time for their Representative Rollins, Dr. Thompson answered that he would provide the proceeds to financial aid. President King presentation. responded that in the list of the most committee with a list of capital projects added that actual spending per student has Representative Henley stated the popular majors the popularity is based criteria. gone down. President King said that the importance of national accreditation of on the number of students enrolled in the There being no further business state share of tuition has gone down while programs. He added that if a program particular program. Dr. Thompson stated before the subcommittee, the meeting was tuition continues to go up. is nationally accredited students can be that he would provide the committee adjourned at 12:12 p.m. In response to a question asked by assured a good education because these

12 2011 Interim LEGISLATIVE RECORD Interim Joint Committee there would be amendments to the Act in more manageable. Aveta Lifesciences and Coldstream 2012. In response to a question from Laboratories, gave a presentation that on Banking and In response to a question from Representative Riggs regarding why centered upon how site selection firms see Insurance Representative Simpson asking if Dodd- exclude a home medical providers were Kentucky in comparison to other states, Minutes of the 2nd Meeting Frank targets investment banks, Ms. excluded and why they are not considered and what Kentucky should do to increase of the 2011 Interim Stamper replied yes. “any willing provider”, Mr. Spear stated its ability to attract high-tech businesses. November 22, 2011 Sharon Clark, Commissioner, that they are not excluded, but Humana He began by stating that Site Selection Call to Order and Roll Call Department of Insurance, addressed the will evaluate the need and make the magazine, in its November 2011 issue, The 2nd meeting of the Interim Joint committee regarding potential legislation decision whether to do business with the ranked Kentucky 19th in the nation in Committee on Banking and Insurance was for the 2012 session, stating that the local home medical equipment provider terms of “business climate,” with Texas held on Tuesday, November 22, 2011, at department’s legislation would focus on or APRIA. Senator Buford noted that the being ranked 1st, Tennessee 8th, and Ohio 10:00 AM, in Room 149 of the Capitol consumer protection and departmental language in the Kentucky Revised Statute 9th; in a survey of business executives, Annex. Senator Tom Buford, Chair, called administration. Consumer protection is not specific to home medical providers Kentucky was ranked 31st. He said that the meeting to order, and the secretary legislation would redefine “dependent as any willing providers. Representative because Kentucky has so much to offer in called the roll. for life” for life insurance purposes. Riggs stated that he feels Humana is taking terms of location, labor availability, and Present were: Other consumer protections would advantage of a loophole. Representative other factors, the marketing of the state to Members: Senator Tom Buford, include property insurance protections Richards stated that he fears this could business must be called into question. Co-Chair; Representative Jeff Greer, Co- to: prohibiting or limiting cancellations harm small businesses and he will be Mr. Kranking said that if information Chair; Senators Julie Denton, Dennis and nonrenewal of property insurance requesting legislation to help the home cannot be found on the internet, then it Parrett, Dorsey Ridley, John Schickel, due to a lack of or minimal credit history medical equipment providers. figuratively does not exist. Because so Dan “Malano” Seum, and Brandon Smith; or cancellation of a policy based on the With no further business, the meeting many states and localities are competing to Representatives Dwight D. Butler, James volume of inquiries regarding credit adjourned. recruit businesses, time constraints serve R. Comer Jr., Will Coursey, Ron Crimm, history; establishing responsibility of an to place emphasis upon information being Robert R. Damron, Joseph M. Fischer, insurance agency for an agent’s action; Interim Joint Committee readily and easily accessible to business Danny Ford, Jim Gooch Jr., Sara Beth and prohibiting previous year’s audit leaders. Therefore the state should make Gregory, Mike Harmon, Dennis Horlander, as the basis for cancellation. Health on every effort to have needed information Brent Housman, Dennis Keene, Adam insurance legislation would incorporate Economic Development on every database possible. Koenig, Michael Meredith, Brad Montell, the Affordable Care (Act) provisions and Tourism The state should make every effort to Sannie Overly, Ryan Quarles, Jody already in effect. The commissioner Minutes of the 6th Meeting seek foreign direct investment. 18 percent Richards, Steve Riggs, Arnold Simpson, stated that without specific legislation of the 2011 Interim of new business facilities are foreign Kevin Sinnette, Wilson Stone, Tommy addressing the provisions of the Act, as November 17, 2011 owned, with foreign direct investments Thompson, and John Tilley. well as clarification of the Commissioner’s Call to Order and Roll Call worth over $1.7 trillion, resulting in the Guests: Debra Stamper, General enforcement authority, Kentucky’s The 6th meeting of the Interim Joint creation of 5 million jobs. Business sites Counsel, John Cooper, Governmental regulatory power over domestic insurance Committee on Economic Development should be “shovel ready” and business Affairs, Kentucky Bankers Association; companies may be in jeopardy. and Tourism was held on Thursday, parks should be certified. Sharon Clark, Commissioner, D J Wasson, In response to a question from November 17, 2011, at 1:00 PM, in Room In regard to skilled labor, Deloitte’s Legislative Liaison, Department of Representative Thompson regarding an 154 of the Capitol Annex. Representative Manufacturing Institute survey found Insurance; Thad Connally, President, First update on the development of a health Leslie Combs, Chair, called the meeting to that there is a 600,000 person deficit of Choice Medical Equipment and Teresa benefit exchange, Commissioner Clark order, and the secretary called the roll. available skilled labor, with the number Camfield, Executive Director, Medical stated that the representatives of the Present were: increasing in the next three years. A Tower Equipment Suppliers Association. Department of Insurance have been Members: Senator Alice Forgy Kerr, and Watson survey found that 60 percent LRC Staff: Rhonda Franklin, Sean working with Janie Miller, Commissioner Co-Chair; Representative Leslie Combs, of US companies have problems attracting Donaldson, Jens Fugal and Jamie Griffin. for the Cabinet for Health and Family Co-Chair; Senators Jared Carpenter, Julian critical skilled employees. As a result, Dodd-Frank Wall Street Reform Services, and her staff to have a proposal M. Carroll, Julie Denton, Denise Harper business location decisions are often based Act ready for the 2012 Regular Session, and Angel, Ernie Harris, Jerry P. Rhoads, upon the availability of skilled labor. Debra Stamper, General Counsel, would defer questions to Commissioner Katie Kratz Stine, and Jack Westwood; A strong alliance between Kentucky Bankers Association addressed Miller regarding health benefit exchange Representatives Julie Raque Adams, Kentucky’s universities and the business the committee regarding the potential legislation. Representative Thompson Royce W. Adams, Linda Belcher, Will community is critical to fostering high- impact of the Dodd-Frank Wall Street asked that Commissioner Miller be Coursey, Jim DeCesare, Mike Denham, tech firms. Research being conducted Reform Act on state banks, including: invited to the first committee meeting of Myron Dossett, Ted Edmonds, Jim Gooch at the University of Kentucky and the burdensome regulation that was intended the upcoming 2012 Regular Session to Jr., Keith Hall, Mike Harmon, Melvin B. University of Louisville gives Kentucky for the banks that were “too big to fail”, update the committee. Henley, Dennis Horlander, Wade Hurt, a world-class standing and attracts the which should not include the smaller state Cancellation of Existing Home Dennis Keene, Thomas Kerr, Kim King, best talent from around the globe, but banks; the need to regulate providers of Medical Equipment Provider Adam Koenig, Donna Mayfield, Tom recent budget cuts in higher education are non-traditional financial services with the Contracts McKee, Terry Mills, Fred Nesler, David causes for concern. He asked the question, same level of scrutiny as banks; and the Thad Connally, President & Owner, Osborne, Ruth Ann Palumbo, John Short, “Stanford, Duke, UNC-Chapel Hill and need to ensure that consumers have the First Choice Home Medical Equipment, Fitz Steele, Wilson Stone, Addia Wuchner, North Carolina State are technology information needed to make informed and Teresa Camfield, Executive Director, and Jill York. transfer powerhouses, but can Kentucky financial decisions. Medical Equipment Suppliers Association, Guests: Larry Kranking, President be a powerhouse?” She stated that the areas being addressed the cancellation of existing home and Chief Executive Officer, Coldstream Mr. Kranking emphasized the need reviewed by the state bankers for medical equipment provider contracts Laboratories, Inc.; Gene Fuqua, Executive for Kentucky to “tell its story” in terms amendment include: changes to the with one of the state’s largest health Director, Office of Commercialization of what assets and attributes it can offer Uniform Commercial Code statutes that insurers. The cancellation of the provider and Innovation, Kentucky Cabinet for to businesses. He said that the quality of would maintain the ability of Kentucky contracts was due to a provider contract Economic Development; Barry Alberts, the region, low manufacturing costs, and a businesses to enter into transactions entered into between the health insurer and Interim Director, Muhammad Ali Center; good business and work environment need consistently; changes necessary under Apria, a national home medical equipment Eric Gregory, President, Kentucky to be emphasized. He praised the Cabinet the Dodd-Frank Wall Street Reform Act; provider located in another state. Mr. Distillers’ Association; and Mike Kuntz, for Economic Development for the variety changes to statutes to conform to actual Connally stated home medical equipment Founder and Coordinator, Bourbon Chase of financial and incentive programs current business practices; and changes medical equipment providers would seek Relay. designed to assist small business owners, that would require additional notices licensure of members of their industry and LRC Staff: John Buckner, Louis and he said that the Kentucky matches in and reasonable restrictions on third party their inclusion in the definition of “any DiBiase, Karen Armstrong-Cummings, both phases of the federal Small Business tax purchasers to protect communities, willing provider” to ensure participation and Dawn Johnson. Innovation Research (SBIR) and Small citizens, and banks. of Kentucky’s home medical equipment Approval of Minutes Business Technology Transfer programs In response to a question from providers in contracts with health insurers A motion and second by were working effectively in the state. Representative Montell asking if Congress for home medical equipment. Bill Spear, Representatives Hall and Keene to The availability of capital is a key for should rework the Dodd-Frank Act. Ms. Humana, stated that the contract with the approve the minutes of the October 20, small business development. He said that Stamper stated there are some parts that national medical equipment provider was 2011, meeting passed by voice vote. banks are increasingly reluctant to provide work, but there is an error in application. not exclusive, but clinical management Biotech Firms, Attraction and lending to small businesses, and that angel Mr. Cooper stated that Congress realizes of over 2,000 home medical equipment Retention investors are needed to help with start-up that the Dodd-Frank Act overreaches and providers nationwide was too difficult and Larry Kranking, president of businesses. The state should consider ways has hurt community banks. He stated that the contract with a national provider was to help small businesses secure lending.

THE KENTUCKY GENERAL ASSEMBLY 13 In response to a question from One team, TNG Pharmaceuticals and in Kentucky. Maker’s Mark spent $54 Assistance Authority and Kentucky Higher Representative Keene about a declining the University of Louisville, won over million to enhance its visitors’ experience, Education Student Loan Corporation; number of international air connections $800,000 in 2011 after winning the Rice increase distillation capacity, and Wayne Young, Kentucky Association of in Kentucky, Mr. Kranking said that while University Business Plan Competition and supplement its warehouse. Wild Turkey School Administrators; Sue Cain, Council it does have some impact on business the Global Championship at the Venture spent $50 million to double distilling on Postsecondary Education; and Clyde location decisions, of equal importance is Labs Investment Competition. capacity, and Jim Beam spent $28 million Caudill, Kentucky Association of School maintaining an adequate number of flights The Muhammad Ali Center to increase bottling, which resulted in 120 Administrators and Jefferson County to major airline hubs such as Chicago and Barry Alberts, Interim Director, and new jobs. Four Roses recently completed Public Schools. Atlanta. Jeanie Kahnke, Vice President of Public a $2 million office building and expansion LRC Staff: Kenneth Warlick, Jo Representatives Adams and Affairs and Communications, Muhammad of its visitors’ center and gift shop. Carole Ellis, Ben Boggs, Sandy Deaton, DeCesare urged Mr. Kranking to visit and Ali Center, gave a presentation about the Kentucky’s Bourbon Trail, which was Janet Stevens, Lisa W. Moore, and Daniel consider the research and development Ali Center, its mission and goals. The created in 1999 and modeled after wine Clark. efforts at other universities throughout the center was built to preserve and share country tours in California and whisky Approval of the October 10, 2011, state; particularly the National Institutes the legacy and ideals of Muhammad Ali, trails in Scotland, has had visitors from all minutes of Health grant awards at the University and in that sense it is more than a history 50 states and 52 countries. It has received Representative Combs moved to of Louisville and Western Kentucky museum for Ali’s boxing career. The nearly 2 million visits in the last 5 years, approve the minutes of the October 10, University’s efforts in applied research center encourages visitors to come away and over 9,000 visitors have completed 2011, meeting, and Representative Collins and development, respectively. from their experience knowing more the “passport” tour of all participating seconded the motion. The minutes were Gene Fuqua, Executive Director, about themselves and what they can do distilleries. The demographics of Bourbon approved by voice vote. Office of Commercialization and to positively impact their communities by Trail tourists show that 50 percent have Reports of the Subcommittee Innovation, Cabinet for Economic seeing how Muhammad Ali was able to annual household incomes greater than Meetings Development, addressed the committee change lives through his efforts. $80,000, 61 percent are 21-54 years old, Representative Meeks reported about the cabinet’s efforts to recruit and The center was built through a $10 and 85 percent come from out of state. on the Subcommittee on Postsecondary develop high-tech firms and to assist million contribution by the state, $48 Fifty-one percent stayed three or more Education. He said the subcommittee start-up companies. He noted that the million in private donations, 50 percent of days, and 70 percent stayed in a hotel or heard presentations about international entrepreneurial activity growth rate in which was from out-of-state donors, and a bed and breakfast. initiatives for college students and an Kentucky was the third fastest nationally in $22 million in-kind funding by the city of Mike Kuntz testified about the analysis of the statewide high school 2008-2010, and the fifth fastest nationally Louisville. The center has 93,000 square Bourbon Chase Relay along the Bourbon assessment results from a postsecondary over the past decade. Kentucky has recently feet, a 3-floor state-of-the-art exhibit hall, Trail. It was the third year for the event, perspective. been the host to several major national galleries, classrooms, an auditorium, a and it has sold out each time. The relay Dr. Ted Farrell, President of conferences such as the MidAmerica library, and a retail store. It has received is a 200 mile race that links all distilleries Education Kentucky, Inc., presented Healthcare Venture Forum and the 2012 over a half million visitors, 50 percent of along the Bourbon Trail, starting at information about international students National Institutes of Health SBIR- whom are from out of state, and the center Clermont and ending in Lexington, and attending Kentucky’s universities STTR Conference, and these conferences hosts over 300 events annually. The center teams of 12 runners literally race through including the benefits such students bring are important to showcase Kentucky’s has also won numerous awards, including the night. Over 1,000 volunteers staffed the to the Commonwealth and the barriers to resources and to lure business to the the “Best Museum Environment, 2006” race. There were 262 teams from 44 states their coming here. state. Kentucky has labored to develop its award, and the “Best New Attraction in and 3 countries, and over $140,000 was Dr. Anthony Ogden, Chair of the high tech infrastructure, with examples North America, 2006” award. raised this year to benefit local charities. Kentucky Council on Education Abroad, including numerous centers such as the In response to a question from The 2012 race is September 28-29, with and Dr. Chris Bierwirth, Executive Eastern Kentucky University Business Representative Stone, Mr. Alberts registration opening January 2. The race Director of the Kentucky Institute for and Technology Center, MetaCyte, LLC, explained that the center cannot support is so popular that it is expected to sell out International Studies, gave an overview Murray State University Innovation itself from revenues earned by admissions, within days. of study abroad programs for Kentucky and Commercialization Center, and the rentals, and sales, and that as with most There being no further business, the students and discussed the benefits such University of Louisville Cardiovascular non-profit museums, it relies on outside meeting adjourned at 3:00 PM. programs provide to Kentucky students Innovation Institute, to name but a few, funding. and the Commonwealth. that are located throughout the state. Kentucky Bourbon Trail Interim Joint Committee Representative Meeks said former Startup business plays a critical role Eric Gregory, President, Kentucky Governor Martha Layne Collins provided in job creation. He noted that virtually Distillers Association, discussed the on Education her insight on the benefits of global all net new jobs have been created by background of the Kentucky Distillers Minutes of the 6th Meeting engagement to the Commonwealth. She startup companies since 1977. The cabinet Association and the impact of bourbon of the 2011 Interim stressed the importance of international employs both incentive-based strategies production in Kentucky. Kentucky November 14, 2011 markets to Kentucky’s economic future and other funding mechanisms to assist produces 95 percent of the world’s Call to Order and Roll Call and how strong the competition is for startup businesses, and since 2006, the bourbon, and in response to rapidly The sixth meeting of the Interim that business. She noted economic SBIR matching program has resulted in escalating demand, production has Joint Committee on Education was held development and education go hand-in- 12 high-tech firms locating in Kentucky. increased by more than 50 percent since on Monday, November 14, 2011, at 1:00 hand, and international study programs Kentucky lacks in sufficient venture 1999. Driving market demand is premium, PM, in Room 154 of the Capitol Annex. can lay the groundwork to help Kentucky capital, however, ranking 42nd in 2010, small batch bourbon. Currently there are Senator Ken Winters, Co-Chair, called the be more prosperous. and efforts are underway to increase the more than 5 million barrels of bourbon meeting to order, and the secretary called Dr. Sue Cain and Dr. Aaron availability of seed capital. aging in warehouses in Kentucky, which is the roll. Thompson with the Council on The Cabinet for Economic the biggest total inventory since 1982. The Present were: Postsecondary Education (CPE) presented Development is making numerous 2011 tax assessed value is $1.5 billion. Members: Senator Ken Winters, an analysis of the statewide high school and varied efforts to develop and Bourbon production in Kentucky Co-Chair; Representative Carl Rollins assessment results. They discussed the assist entrepreneurial activity in the is directly responsible for 3,200 jobs II, Co-Chair; Senators Walter Blevins efforts underway as a result of Senate Bill Commonwealth. The high-tech pool has having an annual payroll of $244 million. Jr., Jared Carpenter, David Givens, 1 and the successes already being seen as 48 active companies, with over $15 million The distilling industry has a high job Denise Harper Angel, Jimmy Higdon, a result. They provided data that showed awarded, resulting in a projected 960 multiplier (3.29), which ranks 4th among Alice Forgy Kerr, Vernie McGaha, Kentucky is making improvements in high-tech jobs having an average annual the 244 manufacturing industries in Gerald A. Neal, R.J. Palmer II, Johnny college readiness; however, they said salary of over $66,000. These awarded the Commonwealth. This means that Ray Turner, Jack Westwood, and Mike there is still a long way to go, particularly have gone to 19 counties throughout bourbon production is responsible for Wilson; Representatives Linda Belcher, in closing the gaps for minority and low- the state. The Kentucky New Energy a total economic impact of 10,000 jobs John “Bam” Carney, Hubert Collins, income students. Ventures Fund has awarded $3.19 million having an annual payroll of $442 million. Leslie Combs, Ted Edmonds, C. B. Representative Edmonds reported to 28 Kentucky companies involved in Additionally, $125 million annually is Embry Jr., Bill Farmer, Kelly Flood, Jim on the Subcommittee on Elementary and renewable and alternative energy, with generated in state and local taxes. There Glenn, Derrick Graham, Donna Mayfield, Secondary Education. The subcommittee 18 of the awards going to firms located in are seven different taxes on every bottle of Reginald Meeks, Charles Miller, Ruth Ann heard from two school superintendents rural counties. The Cabinet has sponsored bourbon produced in Kentucky, and nearly Palumbo, Ryan Quarles, Marie Rader, and two university presidents about a competition in business plans to 60 percent of every bottle of spirits goes Jody Richards, Tom Riner, Rita Smart, the collaborative efforts underway to develop entrepreneurial talent at public to taxes. Kentucky bourbon is exported Wilson Stone, Ben Waide, Alecia Webb- help Kentucky’s students be successful universities. Last April, an all-time high to 126 countries, with England, Germany, Edgington, Addia Wuchner, and Jill York. following high school graduation. of 20 student teams from all 8 public Australia, Japan, France, and Spain being Guests: Jim Thompson, Education Mr. Bert Hensley, Superintendent of universities competed, with some going on top importers of the product. and Workforce Development Cabinet; Estill County Schools, and Mr. Tommy to national and international competitions. Bourbon tourism is growing rapidly Erin Klarer, Kentucky Higher Education Floyd, Superintendent of Madison County

14 2011 Interim LEGISLATIVE RECORD Schools, discussed various programs the targets in the four areas set out for their accreditation programs will not have to before it started defining the major, clear being implemented in their districts. The individual campuses. If the campuses do adhere to the degree being 120 hours or pathways. He said four pathways should “Excellence for All” program that started not earn the money in the first biennium, it less. He agreed with Senator Winters be complete by January. One major still this year in Estill County has 41 freshmen is recommended that the money be carried that this could be counterproductive to has some things to work out but he feels enrolled in an accelerated program that over to a second biennium. performance. the other ones are ahead of schedule. will allow them to receive a high school In response to a question from Senator Responding to Senator Westwood, Representative Rollins said he is diploma in two years. The “Middle Winters, Mr. King said the universities do Mr. King said the regional targets are disappointed in CPE’s goals. He thought College” program in Madison County has not receive any funding for performance at indicators of trends for Kentucky to obtaining 1,200 additional transfer students enrolled 39 juniors that have the ability this time. He said years ago, there was an track in specific service regions. He said was low when there are over 100,000 to earn 18 college credit hours while still effort to institute a performance funding if a particular group of schools are not students enrolled in the community college enrolled in high school. Included in these model and it was not long lasting. Dr. improving significantly, these numbers system. He said this is equivalent to about programs are some students who would Thompson said a retention and enrollment should be monitored and used to gauge a one percent increase of all community typically not be considered “college trust fund was introduced in 2000 that improvement and assist in policy college students moving on to a four year bound.” was performance based. He said many development. It will indicate eighth and institution. He said this is not nearly as Representative Edmonds said to universities took advantage of this funding tenth grade students who are not on track strong a goal as it should be. decrease the number of college freshmen for a two-year period. to perform well on the ACT and allow Mr. King said part of the challenge who have to enroll in developmental math Representative Waide commended time for intervention to get them prepared with transfers is that most of the Kentucky and English courses, Eastern Kentucky CPE and the legislative body on expanding for college. Community and Technical College University and Morehead State University doctoral programs to regional universities Dr. Thompson said CPE is on track System (KCTCS) dollars have been have offered these same developmental during the last regular session. He to accomplish the goals of House Bill deployed towards technical training courses at the high school level. This attended a reception at Western Kentucky 160 and the KnowHow2Transfer website and certificates. As the organization is allows students to enter college with University celebrating the implementation should be ready by January 1, 2012. He maturing, it is starting to add faculty and those classes completed. Students and of the new doctor of physical therapy said the Kentucky Transfer Action Plan programs to expand associate degrees. their families have saved approximately program. He noted there were many is an agreement that was reached to base He also said KCTCS needs to recruit $200,000 since they have not had to pay employers in the area eager to meet these transfer on common learning outcomes and attract students enrolling in the the cost for non-credit bearing college students and thankful for the program. instead of specific courses. He described community college with intentions of courses. In response to questions from Senator the Kentucky Transfer Action Plan and transferring and completing a four-year Morehead State University President Givens, Mr. King said Kentucky is a the results of the 2011 student survey. degree. Mr. King assured Representative Wayne Andrews and Eastern Kentucky leader in the nation in its efforts to align The information is located in the meeting Rollins that CPE will encourage KCTCS University President Doug Whitlock standards and expectations between K-12 folder in the LRC library. to implement more vigorous goals and discussed their partnerships with the and postsecondary education. However, Dr. Thompson said the increase the number of transfer students. high schools located in their areas. They in the coming decade, higher education KnowHow2Transfer.org is a one- He noted that when HB 160 was enacted, explained the importance of Senate Bill 1 leaders and policymakers must work even stop website with reliable, accurate the focus was on getting the credit transfer and the positive impact it has had across harder to clearly define postsecondary information on how to transfer which issue resolved. Most surveys show that the state in focusing the collaborative education’s role in community and will provide the ability for users to find students who have actually transferred efforts between the CPE, the Education economic development, ensure greater transferable courses with Kentucky’s are transferring without credit issues or Professional Standards Board (EPSB), success in the transformation of research public postsecondary system, state general if they have one it is self created, such the Kentucky Department of Education into high-skill job creation, and build education requirements, comprehensive as changing majors. Mr. King said it is (KDE), the colleges and universities, and more effective relationships between the listings of degree program requirements, difficult to determine the best strategies the local schools. postsecondary enterprise and the entities transparency about state and institutional to encourage more students to transfer Both superintendents and both charged with workforce and economic transfer policies, and transfer degree to a four-year university. Representative college presidents expressed appreciation development. Dr. Thompson said he program pathways. He also discussed the Rollins said community college students to the General Assembly for keeping hopes all universities reach their statewide accomplishments and the goals still in would be more likely to transfer to a four- education a priority during difficult targets. Mr. King said it is more important progress related to HB 160. year public university if they did not lose budgetary times. for the universities to be internationally In response to a question from an entire year’s worth of course credits. Staff from the Early Childhood competitive than reaching the national Representative Waide, Mr. King said the Representative Rollins said Education Center in Anderson County average. public universities will increase the grade Kentucky used to do a fairly decent job of gave testimony of the importance of early In response to questions from point average necessary for students to transferring general education credits. He childhood education. They explained the Representative Rollins, Mr. King said be admitted into teaching programs. He said the language in HB 160 encouraged, significance of early intervention and the $25 million being requested for said college introductory courses are now but did not mandate, most associate thanked the members for their continued performance funding is in addition to aligned with the Senate Bill 1 common degrees to require 60 hours and most support. baseline funds. Representative Rollins core standards, improving the content of bachelor degrees to require 120 hours. Update on Kentucky’s said he felt the money should come from the courses so that teachers will be ready Dr. Thompson said it was not true that Postsecondary Education Performance existing funds, which is equivalent to two to use the new assessment tools upon KCTCS was cutting out general education and Accountability System and percent of the overall higher education graduation. He said upcoming teachers courses in order to meet the required hours Implementation of HB 160 (2010), budget. will have significantly more hands-on for the associate degrees. He said KCTCS Transfer of College Credits Mr. King said he understands the time working in classrooms during their had already been directed through HB 160 Bob King, President, CPE, said difficult decisions that legislators must college education than ever before. The to define its general education courses Kentucky leads the nation in the rate of make during session regarding the budget. teachers will be more adept at being able to necessary for degree completion. He said improvement between 2000 and 2009. Mr. It was important to CPE to: 1) institute diagnose individual learning disabilities. CPE tried to streamline the process so King credited the legislature and former the notion of tying at least some of the CPE is also working more closely with that KCTCS general education courses Governor Patton for having the foresight to funding to performance and 2) to make the EPSB. were aligned with the four-year institution enact House Bill 1 in 1997 and the structure a clear model that is easy to understand Responding to questions from general education courses to ensure an easy it created to foster the improvement that and would easily convey to the legislative Representative Rollins, Dr. Thompson course-by-course transfer. Dr. Thompson Kentucky is experiencing. body or to the public whether or not a affirmed the KnowHow2Transfer website noted that it took awhile to get KCTCS Mr. King said Kentucky’s strategic university was performing. He said there should be accessible in January 2012. on the same course numbering system as agenda consists of four focus areas: college are performance funding models around Representative Rollins said the language the four-year education system. He said readiness; student success; research, the country that ensure all campuses get in HB 160 required that universities KCTCS is looking at how to expedite economic, and community development; 100 percent of the money, and this is not must provide a clearly defined path to a its students from time of enrollment and efficiency and innovation. He gave what CPE desires. They want to create bachelor’s degree for the students who until completion of the associate degree. an overview of the performance metrics some metrics that are easy to understand started at the community college. He assured Representative Rollins that and the statewide, institutional, and and ascertain whether or not campuses are Dr. Thompson said HB 160 required KCTCS is not cutting the required general regional targets that will be utilized to achieving specific targets. The model is the CPE to define five clear pathways to education courses from the curriculum. measure progress in the four focus areas. supported by the campus presidents and obtain bachelor degrees by the end of 2012. Representative Rollins reiterated The specific charts are located in the the provosts across the public universities. He said this is in process but not complete. that he will be watching the CPE website meeting folder in the Legislative Research CPE would like to use the performance Representative Rollins said it had been very closely and he fully expects a good Commission (LRC) library. funding as an incentive system and not a a year and a half and he truly expected number of clearly defined pathways from Mr. King said CPE is requesting penalty system. considerable progress. Dr. Thompson each institution. He noted if CPE did $25 million for the performance funding Responding to a question from said CPE focused on general education not make significant process that further in 2012-2014. The money would only be Senator Winters, Mr. King said that requirements and aligning KCTCS legislation may be required. distributed to the campuses if they achieve universities that offer specialized courses to higher education courses Getting Past Go-Leveraging

THE KENTUCKY GENERAL ASSEMBLY 15 investments in remedial and party. dealt with misconduct issues rather than some employees resign and other cases developmental education to increase Mr. Young said between 1990 and quality of teaching issues. Only 12 cases are settled with an agreement outside the college degree attainment 2010, certified employees requested a total dealt with classroom performance issues or tribunal process. Bruce Vandal, Director, of 492 tribunals, roughly 25 per year. He classroom management. The misconduct Other Business Postsecondary and Workforce said just over 200 of the proposed tribunals issues consisted of dishonesty, sexual Senator Winters announced that the Development Institute, Education resulted in settlement prior to hearing with misconduct, drug and alcohol issues, theft, Interim Joint Committee on Education Commission of the States, said Kentucky 100 cases being dismissed or withdrawn. or violation of laws or regulations. He will would meet on Monday, December 12, lags the nation and many states in the He noted data is missing on approximately compile the data of the specific cases and 2011, at 1:00 p.m. in Room 154 of the percentage of its adult workforce with 30 tribunal requests. Of the 163 cases that distribute to the members. Capitol Annex to hear the Career and college degrees. He said Kentucky needs were heard by a panel, 76 were affirmed, Responding to Representative Technical Education Taskforce report. to evaluate the way it assesses students 39 were modified, and 48 were overturned. Rollins, Mr. Young said the Kentucky With no further business before the for college and not rely on one test to The cases included mostly terminations Commissioner of Education appoints the committee, the meeting adjourned at 3:40 determine college readiness. He noted and unpaid suspensions and only a few three tribunal members. He said many p.m. students who need numerous remediation public reprimands. serve over long periods of time. classes often have low success rates in Mr. Young said it seems that tribunals Responding to Senator Winters, Mr. Interim Joint Committee college. It is better to have the students produce erratic and inconsistent results. He Young said the lay member of the tribunal prepared upon enrolling in college. Austin said school superintendents are reluctant panel has received some training. Dr. on Education Peay University in Tennessee combined to pursue matters legitimately requiring Holliday, Commissioner of Education, Subcommittee on Elementary and its remedial courses to one semester and discipline, due to cost and unpredictable clarified that the statute defines the training Secondary Education student success increased from 11 to 61 results. The tribunal process could be and all tribunal panel members receive the Minutes of the 3rd Meeting percent. He said accelerating remediation modified and improved to provide a training. of the 2011 Interim works well for most students. He provided more efficient and effective method Responding to Representative Waide, November 14, 2011 many statistics, and Kentucky’s complete of preserving the due process rights of Mr. Young said some legislative language Call to Order and Roll Call profile is located in the meeting folder in certified employees. He suggested using has been worked on in a small in-house The 3rd meeting of the Subcommittee the LRC library. trained hearing officers instead of the group and reviewed by attorneys in the on Elementary and Secondary Education of In response to a question from current panel structure, and creating a field. He hopes to have specific language the Interim Joint Committee on Education Representative Waide, Dr. Vandal separate process for cases that are based ready in January 2012. Representative was held on Monday, November 14, 2011, said certificate programs that required on poor job performance that would Waide encouraged the group to expedite at 10:00 AM, in Room 129 of the Capitol significant student remediation did show be tied to the evaluation and corrective the process and provide members with Annex. Representative Ted Edmonds, economic benefit. When students are action process that already exists in local some specific language to review in early Chair, called the meeting to order, and the successful, it is good for everyone in districts. December. He said teachers are frustrated secretary called the roll. the community. He said there is not a Keith Davis, Superintendent, Bullitt with the process, and superintendents Present were: clear picture in the overall system of County, said there are a few teachers who seem to have their hands tied. Members: Senator Vernie McGaha, whether remedial students graduated and drag the education system down and give Mr. Sears said superintendents Co-Chair; Representative Ted Edmonds, obtained good jobs in their field. There the public the perception that educators are very involved in the superintendent Co-Chair; Senators Jack Westwood and are examples where remediation has been are not doing their jobs. He said that network, which is specifically directed at Ken Winters; Representatives Linda contextualized within specific degree there needs to be changes to the tribunal instructional leadership. He said there are Belcher, John “Bam” Carney, Hubert programs that are connected to workforce process because the decisions can be to also two new major committees in place Collins, Marie Rader, Carl Rollins II, opportunities that show that students are the detriment of the school system. The in Kentucky. One is teacher effectiveness Wilson Stone, Alecia Webb-Edgington, able to be far more successful, particularly tribunal panel is not forced to explain the and the other is principal effectiveness. and Jill York. in certificate programs, and more likely to decisions or reasoning for overturning The new committees and tools should help Guests: Melissa Lentz, Principal, be placed into the workforce. He noted the personnel actions. He gave an example to receive very definitive results about the Anderson County Early Childhood Center; state of Washington designed its remedial from his school district of an elementary performance of teachers and principals Matthew Koger, School Psychologist, education strategies to show economic school teacher who was terminated for throughout the state. In turn, this will Anderson County Early Childhood benefits when students are successful and physically assaulting an elementary help to expeditiously eliminate subpar Center; Robert Rankin, Anderson County quickly moved into jobs. school child, but the tribunal reversed performance by teachers. parent; Dale Winkler, Office of Career Representative Waide said he the decision and rehired the teacher as a In response to Representative and Technical Education, Kentucky liked the idea of removing barriers to substitute teacher in the high school at the Graham, Mr. Young said there is often Department of Education; Jim Thompson, students completing certain curriculums. same rate of pay. a mental or physical problem with the Education and Workforce Development However, some students may complete Bill Scott, Kentucky School Boards individuals involved with tribunal cases. Cabinet; Clyde Caudill and Wayne their academic coursework but are not Association (KSBA), said the KSBA He noted that substance abuse issues and Young, Kentucky Association of School very professional. He would like to see insurance program has been increased things of that nature have to be treated Administrators; Dr. Doug Whitlock, data if high quality folks are graduating from $10,000 to $100,000 a year to offset as a disability. Representative Graham President, Eastern Kentucky University; and becoming high quality professionals. the growing monetary costs and legal fees said someone should be on the panel that Dr. Wayne Andrews, President, Morehead He asked Dr. Vandal to research to see if associated with tribunals. is trained at identifying mental health State University, Representative Kim remedial student graduates are obtaining Wilson Sears, Kentucky Association issues. King, Representative Rita Smart, and jobs in their fields and having success of School Superintendents (KASS), Responding to Representative Representative John Will Stacy. in those careers. Dr. Vandal said ECS is said the tribunal issue is more about Wuchner, Mr. Young said the scores are LRC Staff: Ben Boggs, Janet working on boosting college completion student achievement than the dismissal not weighted during the tribunal review Stevens, and Marlene Rutherford. and how to work with states and show of personnel. He said Kentucky needs process. Generally, the votes come out 3-0 Approval of the Minutes from them how to align what is going on in the best possible teachers in its schools or 2-1. He said tribunals often tend to want August 1, 2011 Meeting higher education with the needs of states to help students learn and have a positive to give something to all parties involved. Representative Collins moved around workforce development goals. educational experience. In response to Representative York, approval of the minutes, Representative The tribunal process for certified In response to questions from Mr. Young said the steps or corrective Carney seconded, motion carried. school district employees Representative Collins, Mr. Young said the actions for each tribunal case are Chair Edmonds opened by stating that Wayne Young, Kentucky Association role of the hearing officer at the tribunal is different each time. He has seen monetary the transition from high school to college of School Administrators (KASA), for procedural reasons and to handle the settlements as well as the employee or career is too often a giant leap for many said the tribunal process is defined by motions. He was not sure if the hearing returning to work under different working of graduating students. Several school KRS 161.790. It allows any certified officers write the summary or the opinion conditions. He said all the details are not districts, with support from postsecondary employee who is terminated, suspended of the tribunal. He thought the summary available from each case, particularly the education institutions, are using a variety without pay, or publicly reprimanded to was written jointly. Mr. Davis said he older cases. of programs and practices to help students ask the Commissioner of Education to had only experienced the tribunal once Representative Belcher said be college or career ready. He noted convene a tribunal to review that action in his five years as superintendent. He principals and superintendents do not have that Mr. Tommy Floyd, Superintendent by the superintendent. The tribunal panel did report the teacher incident of physical any support. She said it is the legislature’s of Madison County Schools, and Mr. consists of an active or retired teacher and altercation with the student to social responsibility to help administrators Bert Hensley, Superintendent of Estill administrator, and a lay person, all from services, but no formal charges were filed. eliminate abusive or ineffective teachers. County Schools, were present to discuss outside the county where the school district He said substitute teachers are more than She looks forward to seeing the proposed the partnerships and programs they have is located. He said hearings are conducted babysitters, but are not as valuable to the legislation. implemented in their school districts and pursuant to KRS Chapter 13B personnel student’s learning as a full-time teacher. Senator Givens noted only one in the challenges they face in making every laws. Tribunal decisions are binding and Responding to Senator McGaha, Mr. five cases goes to tribunal. Mr. Young said child college or career ready. may be appealed to circuit court by either Young said the majority of the 160 cases Representative Smart introduced the

16 2011 Interim LEGISLATIVE RECORD guest speakers from her district Tommy Mr. Hensley pointed out that one of special education, you have to distinguish County. He also said that the reading Floyd and Dr. Doug Whitlock, President, the areas in which Estill County struggles between FMD students and others. He assessment is being done using the Coyote Eastern Kentucky University. is the lack of a vocational school. Students said in one situation, a student with a Test, the on-line testing exam for math Chair Edmonds introduced Bert attend the Madison Area Technology reading disability did not do well on the developed at the University of Kentucky, Hensley and Dr. Wayne Andrews, Center for vocational classes which is ACT because of time constraints and that and the Nelson-Denny Reading Test. These President, Morehead State University. approximately an hour away. Female a waiver was granted to afford the student non-credit bearing math classes have been Chair Edmonds also noted that, in students in particular do not like to be more test time. As a result of the additional accomplished through the partnerships addition to serving as the President of bused this distance. Another challenge for time, the student subsequently performed with Eastern Kentucky University. Eastern Kentucky University, Dr. Whitlock Estill County is the Science, Technology, well ACT and went on to graduate from He discussed Middle College which also serves on a local school board. Engineering, and Math (STEM) initiative college and is very successful today. is another partnership program with College and Career Readiness which is to be operational by 2014. He In response to questions by Eastern Kentucky University. Middle Programming: Successes and stated that access to districts is a question Representative Stone concerning the College establishes an avenue for students Challenges that will have to be addressed for small “Excellence for All” program, Mr. Hensley that might be at risk of not finishing high Mr. Hensley stated he appreciated rural schools especially in the field of stated this is the first year of the program school. It allows students who are not the Presidents of Eastern Kentucky and engineering. He also noted that the and that all participating students are engaged in school the ability to earn up Morehead State Universities for being in vocational schools or Area Career and freshmen. The program was opened for to eighteen college-credit hours while attendance because much of what the local Technical schools (ACTs) are operated by all students and a meeting held with both earning a high school diploma. This gives school district is offering its students is the the Department for Workforce Investment the parents and students to decide if they those students the confidence they need to result of how the universities are working and the ACTs have difficulty changing wanted to participate. At that meeting, it prepare for the college environment. with the high schools. He said that one of course offerings because of the lack of was clarified that a student can withdraw He also discussed Focus and Finish. the great changes as a result of the passage flexibility. from the program at any point in time. He This program is designed for seniors of Senate Bill 1 is the importance of the In response to a question by also said that those students who receive who are most at risk of not graduating. It senior year. He discussed the automaticity Representative Carney concerning the a diploma at the end of their sophomore provides additional support such as having program implemented a couple of years financial literacy class offered for all year can take other courses in their junior the same teacher for multiple classes, ago through Eastern Kentucky University’s seniors, Mr. Hensley indicated that it is a and senior years but that those classes electronic resources, credit recovery, Math Department. It was determined required class for all seniors. The Credit would be college classes. mental health services, and counseling for that seniors were not prepared to take Abuse Resistance Education (CARE) Representative Stone asked postsecondary education. The program college math and the university allowed program is provided in Estill County if students who participate in the helps these students identify their strengths the school to teach the developmental, by a local judge in addition to using “Excellence for All” program take the what they want to set as goals in terms of noncredit class in high school. Students Dave Ramsey literature. He said that he ACT. David Cook, Director, Innovation postsecondary education. were doing poorly in math on the ACT has received positive feedback that the and Partner Engagement, Department He said that there is an extensive effort because of the time limits within the test students enjoy the class and the knowledge of Education, clarified some statements underway in Madison County to listen to and the students did not know simple math they receive is substantial. Mr. Hensley concerning the program. He said that very the students. The Student Voice, now in its quickly and were dependent on their using suggested if a district is interested in few students opt for the early graduation fifth year, is an initiative that initially was calculators. The automaticity program is providing this class it should contact the option. He stated the more important part an effort to get feedback and advice from for K-8 students. Kentucky Bar Association. of this program is the rigor that students high school students on specific issues in Mr. Hensley said that currently Estill Representative Carney asked if are getting their first two years of high their school. The program has grown to County High School has sixteen college Mr. Hensley was aware of the aviation school, and that opportunities they have include student voice groups at middle dual-credit classes with Eastern Kentucky program offered. He noted that students in their junior and senior year are greatly schools as well. Members of this program University and Morehead State University in his district appear to be engaged in this expanded. Because classes such as U. meet in the fall with the principal and in in eleven different courses, compared to program which helps the students with S. History are offered in the sophomore the spring with the superintendent to help seven years ago when there were none. engineering classes. He said he would be year, more advanced placement courses, direct the school and district in decision- The courses range from English, high happy to provide contacts to discuss the more college credit, dual-credit courses, making. math, Spanish, to Biology. These classes program if Mr. Hensley felt it would be and more international baccalaureate Mr. Floyd also stated that the schools are provided by the universities at little to something in which students in his area programs can be taken during the junior have partnered with the Richmond and no costs to students. Grants have paid for would be interested. and senior year. He said the ACT is still a Madison County community to develop a textbooks and tuition. Mr. Hensley pointed out that requirement. mentoring group that specifically targets Mr. Hensley also stated that Estill teachers have been very supportive of the Thomas Floyd, Superintendent, the African-American male population. County participates in a pilot program changes which have been made thus far Madison County Schools, discussed the Now in its second year, the program gives called “Excellence for All” which is and understand the changes are in the best challenges facing education. He said his students an opportunity to strengthen skills designed to bring American high schools interests of the students. district is working hard to identify and in building relationships and in leadership. up to global standards. Kentucky is In response to questions by address fundamental need areas such as Members of this focus group are paired one of four states participating in this Representative Collins, Mr. Hensley providing clinics, dental care, targeted with mentors from the community who program. There are five school districts stated that credits are waived for those interventions for student populations that have been trained to help guide students in the state participating, Estill, Bourbon, students who participate in and pass the the system was losing. One of the successes in homework assignments and leadership Franklin, Todd, and Logan Counties. This examinations in the “Excellence for All” of the district has been “Project Succeed” skills. The “Sisters of Color United in program begins with freshman students program. Mr. Hensley also indicated which is a drop-out prevention program Leadership” is the female counterpart to who will take five tests at the end of the that most students that receive the early specifically designed for teen parents in the program. year. If a student passes these tests, then diploma will continue or stay in school for Madison County. The program’s main Working on next generation learning the student will take five tests at the end various reasons such as athletics or band focus is to remove any barriers a student opportunities, the Department of Education of the sophomore year. He pointed out programs. However, those students will may face as a new parent in order for them has worked with his district on project- that the tests are standards-based, and have the option of taking the classes they to pursue higher education. The program based learning which is community, the courses are rigorous. In the freshman want to take rather than classes they are provides teen parents services including project- based ideas for learning at middle year the examinations are in Algebra I, required to take. This allows the student to baby clothing and supplies, parenting and high schools. English, World History, and Biology. In pursue his or her interest. Mr. Hensley also classes, resources for benefits, monthly Mr. Floyd also noted that his Board the sophomore year the examinations are said that Estill County has an alternative group sessions, home visits, and one-on- of Education just recently voted to expand in Geometry, English II, Chemistry, U. S. school and that students are there not one mentoring. These young parents are introduction to health careers through History, and the Arts. If the student passes only because of discipline problems or also educated in drug abuse, violence which up to sixty students may obtain all these examinations, they are considered custody issues but for credit recovery. Mr. prevention, and life skills. certified nursing assistant certificates, high school graduates and receive a high Hensley stated that it is important to find He said that his district is using which is the entry level certification for school diploma. They are free to seek an individual niche and interest for a child the Measurement of Academic Progress healthcare workers. He stated that the employment, stay in school and take and he or she will be successful. (MAP), Northwest Evaluation Association district had recently received a Gear-up college classes, attend trade schools, or In response to a question by (NWEA), as well as other countless tools grant targeted at the middle schools. whatever they choose. He said there are Representative Collins concerning the to help make decisions. He stated the focus In closing, Mr. Floyd thanked the 41 freshmen in this program this year in ACT, Mr. Hensley said that as an educator on getting students ready for school is Legislature for listening and keeping Estill County, and that students and parents you must provide every opportunity for coming back to a common sense approach education on the forefront. He said that have been very receptive of the program. students. At sixteen year of age, students or effort to help kids identify their niche in order for Kentucky’s communities to There are 21 schools in the four states that do not always know what they are going and interests so they feel comfortable and accomplish what is needed to provide the are participating in this program which is to do in life. Having all students take the confident that they can succeed. quality of life we all want for our kids, funded by the Gates Foundation and other Act is a positive element in helping to He stated that the transitional math it is going to take partnering with higher organizations. keep their options open. With regard to and English classes began in Madison education, businesses, daycare providers,

THE KENTUCKY GENERAL ASSEMBLY 17 and others all working together. curriculum, textbooks, and evaluation learned the structure of the classrooms, of the 2011 Interim Dr. Whitlock asked Mr. Floyd to processes, etc. with the goal being that and had opened up to adults. He stated November 14, 2011 discuss briefly the district’s early childhood those children that are able to perform that because of her time in pre-school Call to Order and Roll Call initiatives. Mr. Floyd said that not all kids this work to have the opportunity to earn and the speech programs she is now The third meeting of the Subcommittee in a community can attend pre-school and college credit while in high school. easier to understand. When a child leaves on Postsecondary Education of the head start programs. Madison County Dr. Andrews indicated that the pre-school they now know their letters, Interim Joint Committee on Education has targeted those children by offering General Assembly is appropriately numbers, basic shapes and colors, and was held on Monday, November 14, 2011, every daycare director in the county an focused. The educational system can usually write their name. He invited at 10:00 AM in Room 131 of the Capitol opportunity to partner with the school appreciates the leadership in both the everyone who can make time in their Annex. Representative Reginald Meeks, system. through this effort, the Madison executive and legislative branches to schedules to visit the Anderson County Chair, called the meeting to order, and the County Early Childhood Advisory Council try and protect education and to give Early Childhood Center or any pre-school secretary called the roll. was formed. They now have fourteen educators the flexibility to work within the to observe a class. He said that he would Present were: partnered daycares with kindergarten, pre- parameters that are established to do the like to see pre-school offered or accessible Members: Representative Reginald school, and head start teachers working best for the children. to all children in Kentucky whose parents Meeks, Co-Chair; Senators Gerald A. together to provide training to all daycare Dr. Whitlock indicated that although are willing to send them. He stated that Neal, R.J. Palmer II, Mike Wilson, and Ken workers on kindergarten readiness there have been cuts in funding, there is Kentucky’s children need to be placed Winters; Representatives Leslie Combs, standards adopted by the state. an unprecedented level of partnership ahead of some of the other special interest C. B. Embry Jr., Bill Farmer, Kelly Flood, Chair Edmonds was very and collaboration in the state as it relates projects. Donna Mayfield, Ryan Quarles, Jody complimentary and thanked both the to education. Much of this is due to the Ms. Lentz updated the committee Richards, Tom Riner, Carl Rollins II, and superintendents and the university work and actions of the Legislature. He on the Anderson County Early Childhood Rita Smart. presidents for working hand-in-hand with said that three large requirements were the Center stating that it has been in existence Legislative Guests: Representative the K-12 school systems. expectation that by 2014 there would be since 1996 with the focus on early Arnold Simpson Senator McGaha complimented a reduction in the percentage of students childhood learning. There is a pre-school Guests: Anthony Ogden, University both Mr. Hensley and Mr. Floyd on their requiring remediation by half; that over and kindergarten with 480 students of Kentucky; Ted Farrell, Education approach to educating kids. He also a five year period, the success rate of between the ages of 3, 4, and 5 years old. Kentucky, Inc.; Chris Bierwirth, Kentucky indicated that it was refreshing to hear students who still need remediation would She said the center appreciates the support Institute for International Studies; Analy the comments offered today because there be increased by three percent per year; of the Legislature and the county Board of Scorsone, Kentucky Community and has been such a change in the role of the and the expectation that the colleges and Education. Technical College System; Jim Thompson, superintendent over the last several years. universities work with the school systems Mr. Koger stated that two years ago Education and Workforce Development He said the leadership of the superintendent for interventions such as transition Anderson County received a grant through Cabinet; Erin Klarer, Kentucky Higher is key in educating kids in Kentucky courses. He said the math transitions the Kentucky Board of Education for a Education Assistance Authority and and that he was very encouraged to see course in the Madison County saved collaborative early childhood project. Kentucky Higher Education Student Loan superintendents as educational leaders. about $250,000 in tuition expenses. He The purpose was to work on developing Corporation; Clyde Caudill, Kentucky Dr. Andrews said that the work of also said that automaticity is big part of relationships between daycares, head Association of School Administrators the superintendents can be characterized the program. The ACT is critical because starts, and pre-school programs. Through and Jefferson County Public Schools; by the work partnerships. He said he it is the diagnostic which identifies the those relationships, about one-third of the Mason Dyer, Association of Independent and Dr. Whitlock work closely between students that need the transition courses in students are now entering school on grade Kentucky Colleges and Universities; two institutions in serving 44 counties math and the language arts. He said the level at the beginning of kindergarten. and Sue Cain, Council on Postsecondary in east and southeastern Kentucky. He faculty at Eastern Kentucky University He said that last year 90% of the children Education. said that children’s education begins had identified 111 courses that should finished kindergarten reading on grade LRC Staff: Kenneth Warlick, Jo with teacher preparation. The colleges be aligned with either the core standards level. The key to continuing those Carole Ellis, Sandy Deaton, and Lisa W. of education are vital to the success that or with courses in teacher education relationships is funding. Within the Moore. students have in public schools. He also programs. Those teachers have been in past three years school districts have Kentucky’s Postsecondary said that partnerships with local schools the process of revising those curricula and been required to implement response Education Student International are important. Both Morehead State are about 53% complete. He also pointed to intervention for incoming pre-school Initiatives and Eastern Kentucky Universities are out that Kentucky is receiving a lot of students. He said the pre-school is only Dr. Ted Farrell of Education in the public schools delivering content recognition for being a head of the curve. for those students meeting eligibility Kentucky, Inc. discussed the benefits to students and working to enhance Dr. Whitlock too thanked the Legislature through special education services and that international students bring to the the professional development of public for empowering educators and providing those students determined at risk or Commonwealth. International students school teachers. He said that another then with the tools and ability to move up to 150% of the poverty level at age contributed $92.4 million dollars in word to describe the work being done is Kentucky’s educational system forward. four. With the response to intervention 2010 and $114.6 million dollars in 2011 “focus.” He stated that Senate Bill 1 was Senator Winters indicated he was having to be implemented at the pre- to Kentucky’s economy. Dr. Farrell said an excellent piece of legislation because elated to hear the comments relayed school level, school districts have seen that international students graduate at it caused educators and administrators to and stated that Senate Bill 1 is a piece the number of eligible students through higher rates than their American peers, focus on the alignment of P-12 with higher of legislation of which everyone can special education decrease which impacts and one study has shown that American education. He reiterated the statements be proud. He said it is important that the ability to serve those students within students who spend significant time with made by Mr. Floyd that not every student everyone work together and he is very the pre-school program. During the last international students also graduate at would go to college, but that every student proud that language was crafted in such a legislative session there was a proposal higher rates. While in Kentucky, many needs to finish high school and be ready way that the Kentucky Board of Education, to reallocate the funding at the pre-school international students will make lifelong for a career post high school and that is the Professional Standards Board, and the level. He said that the negative adjustment friends, connect to Kentucky companies, why it is important for every child to be Council on Postsecondary Education must in the current funding regulation penalizes and go home to have distinguished careers able to read at a reasonable level, perform work together in moving education forward school districts where numbers of students with Kentucky business partners. Although problem solving at a reasonable level, in Kentucky and that the recipients of that identified in special education have Kentucky benefits from international and be able to contribute to society. He cooperation is 800,000 children. decreased, when this reduction is due to students, the state is lagging in national indicated that it has been discovered that Although not an item on the agenda, the intervention. This has put a burden on and regional averages in the number of if the content is delivered in high school Chair Edmonds afforded Representative the pre-school program. enrolled international students. five days a week taught by high school Kim King and guests the opportunity to Chair Edmonds indicated that there Dr. Anthony Ogden, Chair of the teachers using standard curriculum with discuss early childhood education in her would be no subcommittee meeting in Kentucky Council on Education Abroad reinforcement, the students pass the tests district. Representative King introduced December, but that approval has been and Director of Education Abroad at at a higher rate than if they go to college Robert Rankin, a parent of the Anderson received for an Interim Joint Committee the University of Kentucky, discussed and take the developmental work. County Early Childhood Center student, on Education meeting to be held on the passage of 2002 Regular Session Dr. Andrews briefly commented on Melissa Lentz, Principal, Anderson December 12, 2011. Senate Concurrent Resolution 142, the early college program. He said that County Early Childhood Center, and Matt There being no further business, the which encouraged students, teachers, Morehead State wants to advantage those Koger, School Psychologist, Anderson meeting adjourned at about 11:45 a.m. administrators, and educational policy children that believe they are on the track to County Early Childhood Center. makers to participate in international study, go to college so that while they are in high Mr. Rankin relayed how early Interim Joint Committee along with educational programs and other school they can earn as much as 24 hours childhood education had helped his activities that advance cultural awareness of college credit. Much of that credit is daughter with learning disabilities in on Education Subcommittee on Postsecondary and promote mutual understanding and delivered by appropriately prepared high addition to other children in Anderson respect for citizens of other countries. school teachers working with mentors County. He said his daughter had learned Education Kentucky was one of the first states to at Morehead State University using the to socialize with other children, had Minutes of the 3rd Meeting

18 2011 Interim LEGISLATIVE RECORD have a resolution of this nature. In the programs. included K-12 and adult education. Co-Chair; Representative Keith Hall, Co- 2009-2010 academic year, only 270,604 Representative Smart noted the Dr. Thompson reported on the Chair; Senators Ernie Harris, Ray S. Jones United States students studied abroad importance of having global language implementation of three assessment II, Bob Leeper, Dorsey Ridley, Katie Kratz for college credit. This number is less skills in today’s world. Representative academies in eastern Kentucky, western Stine, Johnny Ray Turner, and Robin L. than two percent of college students in Flood commented about her experiences Kentucky, and northern Kentucky. These Webb; Representatives Dwight D. Butler, the United States. Kentucky has some living abroad while her parents were in the academies are partnerships with K-12 Leslie Combs, Will Coursey, Jim Gooch model institutions such as Berea, Centre, military and the benefits of being exposed and two-and four-year institutions to help Jr., Wade Hurt, Thomas Kerr, Fred Nesler, and Transylvania that are graduating to different cultures. target professional development based on Sannie Overly, Tom Riner, Kevin Sinnette, greater proportions of their students with In response to Representative student assessment information. John Will Stacy, Fitz Steele, and Brent international education experience. Over Richards’s question regarding the Dr. Cain mentioned national Yonts. 70 percent of Centre students have studied possibility of funding, Dr. Ogden partnerships Kentucky is participating in Guests: Daniel Ferreira, President, abroad. mentioned The Senator Paul Simon Study for college and career readiness. Two of Renier Pierantoni, Vice President, Natural Dr. Chris Bierwirth, Executive Abroad Foundation Act. He said the the grants Kentucky received are Complete Gas Solutions, LLC.; Jason Cho, President, Director of the Kentucky Institute for legislation did not pass but could serve College America and Learn on Demand. Nevico Co., Ltd.; Will Graham and Kenny International Studies (KIIS), said that as an example of a funding model for Dr. Cain and Dr. Thompson discussed Graham, Cumberland Valley Resources. over the last three years KIIS has sent Kentucky. high school assessment scores and said LRC Staff: D. Todd Littlefield, 8,700 students from Kentucky to study In response to Senator Wilson’s there is a gap persisting for students of Sarah Kidder, and Susan Spoonamore, abroad. These students are not looking question regarding financial assistance, color. They said additional efforts are Committee Assistant. for glorified tourism but are serious and Dr. Bierwirth said his school has identified needed to focus on closing these gaps. The October 21, 2011 minutes were looking for something of value. They are two dozen sources of funding for students, The statewide target for college readiness approved, without objection, by voice vocationally oriented and are looking for and the sources are published on the KIIS is 81 percent by 2014, which would be a vote upon motion made by Representative ways to enhance their education so they website. One idea to increase funding 31 percent change from 2008. The rate of Steele and second by Senator Harris. can have successful careers. One of the is to add a $5 to $10 fee to all students’ improvement in Kentucky between the Discussion Only - 2012 BR 368 biggest obstacles for students wanting university fees. The money would be years 2000-2009 leads the nation. They Representative Keith Hall explained to study abroad is the cost. The least placed in an international fund to be used noted that the total degrees and credentials 2012 BR 368, which relates to the expensive KIIS program costs around for scholarships. Dr. Odgen said that the awarded by public and nonprofit, distribution of coal severance tax revenues. $2,500 dollars, not including airfare for a University of Kentucky (UK) has a similar independent institutions from 2001 to Representative Hall said that $19 million month-long program during the summer. fee, and the student body just voted to 2010 increased 84 percent. is being taken off the top of coal severance Dr. Bierwirth described the benefits of raise the fee by $1. About 80 percent of Responding to questions from Senator revenues and put into the Benefit Reserve studying abroad. The results of a 10- the fees are used for education abroad, and Neal, Dr. Cain said transfer students have Fund instead of Workers’ Compensation. year study at the University of Georgia 20 percent are used to bring international a higher graduation rate than non-transfer 2012 BR 368 would stop the purging and showed that students in study abroad students to UK. students. Dr. Thompson said there is a withdrawal of coal severance revenues programs showed improved grade point In response to Chairman Meeks’ movement nationally to track completion that were being transferred to Workers’ averages. Those students also showed question, Dr. Bierwirth said that a typical rates instead of graduation rates. Compensation. higher graduation rates and at-risk KIIS program is during the summer and Responding to questions from Liquefied or Compressed Natural students showed improvement as well. lasts about one month. To be eligible for Representative Smart regarding transitional Gas as a Transportation Fuel Dr. Bierwirth said that study abroad gives the KIIS program, students must have at courses, Dr. Cain the courses are already Mr. Renier Pierantoni, Senior Vice students the opportunity to act as positive least a 2.0 grade point average, and those online, free, and fully implemented across President, Natural Gas Solutions, LLC. ambassadors for the United States and with a 2.5 or better are given preference. the state. They are available to any school, (NGS) stated that NGS is a minority Kentucky. Nationally, about 38 percent of students and middle school transitional courses owned company that focuses on natural Former Governor Martha Layne will study abroad for one semester and will be online by April. Dr. Thompson said gas products and services throughout the Collins said that Kentucky has made some another 35 percent will study abroad for these transitional courses are producing 80 United States. Mr. Pierantoni introduced strides but must do a lot more to compete eight weeks or less. percent college readiness. Daniel Ferreira, President of Natural Gas for business. The future for Kentucky is Approval of Minutes In response to Chairman Winters Solutions, LLC. and Jason Cho, President with international markets because the With a quorum being present, comments regarding his concerns with of Nevico Corporation, Ltd. Mr. Pierantoni U.S. markets are saturated. Kentucky has Representative Richards moved to remediation needs, Dr. Cain said CPE explained that Nevico Corporation, Ltd. an advantage over other states because approve the minutes of the August 1, is addressing the issue with tools like is a Korean applied technologies and everyone has heard about Kentucky, 2011, meeting, and Representative Combs diagnostic assessments and offering natural gas infrastructure company that whether through Kentucky Fried Chicken, seconded the motion. The minutes were remediation courses in shorter time specialized in converting and re-powering Kentucky Bourbon, Muhammad Ali, or approved by voice vote. periods. heavy duty diesel powered used vehicles. My Old Kentucky Home. She said that Statewide High School Assessment Responding to a question from Nevico Corporation designs and installs Kentucky should take advantage of every Results: the Postsecondary Education Chairman Meeks regarding issues that filling stations and provides technical opportunity to bring more companies into Perspective could be brought to the General Assembly, assistance and training for local engineers, the state, and Kentucky has many good Dr. Aaron Thompson, Senior Vice Dr. Thompson said Kentucky has to focus technicians, mechanics and drivers of products and services that other countries President for Academic Affairs, Council on on closing the achievement gaps at a natural gas vehicles. want. Governor Collins said education and Postsecondary Education (CPE), said one much deeper level and put some emphasis Mr. Pierantoni stated that Kentucky economic development go hand-in-hand, of the best things to happen to education in on Kentucky’s adult learners. He said should go to natural gas for transportation and international study programs can lay Kentucky has been connecting K-12 with there needs to be ways to educate all of fuel because natural gas is cleaner, cheaper the groundwork to help Kentucky be more higher education through 2009 Senate Bill Kentucky’s students to the point of being and will continue to be so in the future. He prosperous. Companies are interested 1. Over the past two years, Kentucky has impactful citizens. explained that piggybacking on the natural in working with states that invest in made dramatic progress in implementing With no further business before gas pipeline infrastructure already in place their people. It is important to have an a college readiness agenda, and the committee, the meeting adjourned at would be a boom for Kentucky’s economy educated and trained workforce to attract postsecondary and K-12 are responding to 12:02 p.m. and people. The 13 million cars in the world companies. and reacting together regarding K-12 test that run on natural gas are vehicles either In response to Chairman Meeks’ results. Special Subcommittee purchased or re-powered by replacing the question regarding how attitudes about Dr. Sue Cain, Coordinator, College gasoline engine with a natural gas engine. other cultures can be changed, Governor Readiness and Developmental Education, on Energy NGS and Nevico were focused on natural Collins said young people are more CPE, discussed how Kentucky was a lead Minutes of the 6th Meeting gas conversions for diesel vehicles and willing than adults to experience other state in the alignment of college readiness of the 2011 Interim explained that retrofitting a diesel vehicle cultures, and Kentucky needs to provide standards. The unified strategy mandated November 18, 2011 would require a Nevico conversion kit more opportunities for them to do so. in 2009 Senate Bill 1 has made the Call to Order and Roll Call that would modify diesel engines to burn Dr. Bierwirth said sometimes parents are direction very clear about what Kentucky The 6th meeting of the Special compressed natural gas. reluctant to allow students to participate in needs to do to improve test scores. One Subcommittee on Energy was held on Daniel Ferreira, President of Natural study abroad because of safety concerns. of the first steps was developing high Friday, November 18, 2011, at 10:00 Gas Solutions, LLC. explained that the He said KIIS developed policies and school senior year transitional courses in AM, in Room 131 of the Capitol Annex. electrical control unit (ECU) would procedure to ensure safety. Dr. Ogden said reading, writing, and math. Dr. Cain said Representative Keith Hall, Chair, called work with liquid natural gas (LNG) and that Kentucky needs to remove barriers, CPE is working on building middle school the meeting to order, and the secretary compressed natural gas (CNG). Through particularly financial, and deal with all transitional courses, and has built a college called the roll. the ECU, drivers are able to adjust the obstacles students are facing. Dr. Farrell and career readiness kit for middle school Present were: torque for difficult, which is something said that Kentucky should lay a foundation and high school teachers. Everything Members: Senator Brandon Smith, that other conversion kits are unable to for partnerships for international study being done at the postsecondary level has do. Natural gas in the United States is

THE KENTUCKY GENERAL ASSEMBLY 19 much cheaper than diesel and gasoline. Tim Moore, Ruth Ann Palumbo, Susan the nation. Kentucky has gone as far as it TAP) and the Kentucky Works Program The average cost of a gallon of diesel is Westrom, and Addia Wuchner. can without further funding. House Bill (KWP) in conformity with the Social $3.89. The price of natural gas ranges Guests: Cindy Heine, Associate 415 passed in the 2008 Regular Session Security Act 42 U.S.C. 601-619, and from $1.25 to $2.50, but the average Executive Director, Prichard Committee relating to the colon cancer screening federal regulations; and 922 KAR 1:490 price, nationwide, for CNG is $1.50 and for Academic Excellence; Dr. Ruth Ann program, but the program still remains – establishes the procedure by which the $1.75. Natural gas prices are not driven by Shepherd, Division Director. Division of unfunded. By funding the program, local cabinet shall conduct background checks world markets, meaning that the United Maternal and Child Health, Department health departments can provide education, for caretaker relatives, kinship caregivers, States can control the price. Utah’s state for Public Health, Cabinet for Health and prevention, and early detection of colon. or applicants seeking to provide foster or law provides an income tax credit, a 50 Family Services; Ralph Bouvette, Ph.D., The funding will provide thousands of adoptive services. In response to a question percent credit on converting a vehicle, a J.D., Executive Vice President, American screenings for uninsured Kentuckians. by Senator Givens, Jim Graves, Protection grant or loan program to assist businesses Pharmacy Services Corporation; Jonathan While the Affordable Care Act will and Advocacy, stated that 922 KAR 1:490 and government entities with the cost of Van Lahr, Pharmacist, Brandenburg address health insurance issues for some establishes the procedure that the cabinet conversions, public access to CNG fueling Pharmacy; Michael A. Minor, State individuals in Kentucky, it will not solve will use to conduct background checks stations, and certified CNG fuel system President, and Mike Ridenour, Senior the problem for the uninsured. The colon for caretaker relatives, kinship caregivers, inspections. In addition, Utah passed Director of External Affairs, WellCare cancer screening program has a budget in or applicants seeking to provide foster legislation that resulted in a 57 percent of Kentucky; Bill Strein, Medco Health place, has a program manual, and it needs or adoptive services. The administrative drop in installation costs associated with Solutions; Barb Witte, CEO, and Jim now is funding. regulations were amended to require an CNG conversion kits. Giardina, Vice President of Clinical In response to questions by address check of the Sex Offender Registry. Mr. Pierantoni discussed the Services, CoventryCares of Kentucky; Dr. Representative Flood, Dr. Jones stated A motion to accept the administrative amount of recoverable shale gas in Whitney Jones, President, Colon Cancer that there will be a blended program where regulations was made by Senator Buford, the United States. Devonian shale in Prevention Project; George E. Foster; some people will receive testing for blood seconded by Representative Burch, and Kentucky contains an estimated 63 to Joseph Eiler; Chandra Venettozzi, Office in the stool, others colonoscopy. People accepted by voice vote. 112 trillion cubic feet(tcf) of natural gas. of Health Policy, Cabinet for Health and who are high risk need to be screened Legislative Hearing on the FFY Recovering shale gas would be a valuable Family Services; Michele Blevins and by a colonoscopy. Family history is the 2012-13 Unified Mental Health and economic impact for Kentucky in terms of David T. Meredith, Division for Behavioral single most important determination of Substance Abuse Prevention and employment and revenue. Health, Department for Behavioral someone who is at high risk of developing Treatment Block Grant In response to Representative Health, Developmental and Intellectual colon cancer. Approximately 80 percent A motion to accept the block grant Hall, Mr. Cho stated that the conversion Disabilities, Cabinet for Health and of Kentuckians are average risk. In 2008 was made by Senator Buford, seconded technology was originally developed by Family Services; Karen Thomas Lentz; and 2010, the National Behavior Risk by Representative Flood, and accepted by NASA. He said that Nevico’s conversion Jan Gould, Kentucky Retail Federation; Factor Survey listed the preparation for a voice vote. technology is being used in 22 countries, and Anne Joseph, CKKF/KTFH. colonoscopy as the fourth highest reason Subcommittee Reports specializing in diesel conversions to LRC Staff: DeeAnn Mansfield, for someone not getting a colonoscopy. Representative Burch, Co-Chair of LNG and CNG. Kentucky owns 32 CNG Miriam Fordham, Ben Payne, Jonathan In response to comments by Senator the Families and Children Subcommittee, vehicles that are being fueled by private Scott, Katie French, Gina Rigsby, and Buford, Dr. Jones stated that there is no reported that the subcommittee met and filling stations. Cindy Smith. more cost effective preventative measure heard presentations on the First Steps In response to Representative Hall, Minutes than colon cancer screening in public Program from Dr. Ruth Ann Shepherd and Mr. Cho said it would cost approximately A motion to approve the minutes of health. Paula Goff, Cabinet for Health and Family $14,000 for the CNG conversion kit to the October 19, 2011 meeting was made Consideration of Referred Services. The program is a statewide convert a diesel truck. It is possible to by Representative Buford, seconded by Administrative Regulations early intervention system that provides recover costs in approximately 3 months. Representative Burch, and approved by 201 KAR 22:020 – establishes services to children from birth to age There are two different conversion voice vote. the criteria for eligibility, methods, and three who have developmental disabilities kits available for heavy diesel trucks: Colon Cancer Prevention Project procedures of qualifying for a credential to and their families that serves over 14,000 repowering, which would be to put in a Representative Jim Glenn stated practice physical therapy in Kentucky; 201 individuals annually. new engine or taking the old engine and that he and Representative DeWeese have KAR 29:050 – delineates the requirements The subcommittee received a put an ECU kit on it. If an owner wants a requested legislation that would fund for continuing education and prescribes second presentation on Family Assistance new engine, it would cost approximately colon cancer screenings for uninsured methods and standards for the accreditation Programs facilitated by the Cabinet for $32,000, and would take 9 months to individuals between the ages of 50 of continuing education courses of the Health and Family Services. Dr. Shepherd recover that cost. through 64 years. The legislation requests Kentucky Board of Respiratory Care; reported on the Special Supplemental In response to Senator Leeper, Mr. $3 million in FY 2012 and $5 million in 900 KAR 6:030 – adjusts the expenditure Nutrition Program for Women, Infants, and Cho stated that a 100,000 hp engine could FY 2013. minimums for capital expenditures and Children that serve 136,000 Kentuckians be converted. Nevico is not able to convert George Foster, colon cancer patient major medical equipment in the Certificate monthly. Jason Dunn, Cabinet for Health a 16 cylinder yet. Mr. Ferreira also stated from Owensboro, stated that in 2009 he of Need (CON) program; 900 KAR 6:080 and Family Services, continued the that 200 trucks a day could be filled up was diagnosed with colon cancer. He has – establishes the guidelines for alleviating assistance programs presentation and with LNG, if the 1.2 million cubic feet of had a prior colonoscopy ten years ago an emergency circumstance for the orderly discussed the cabinet facilitated programs natural gas located in Knox County could as recommended by his doctor. There administration of the CON program; 902 of Temporary Assistance to Needy be tapped. is not enough information available to KAR 100:019 – provides standards for the Families, K-TAP, Supplemental Nutrition Meeting adjourned at 11:05 p.m. people about colon cancer screening, the protection of the user and general public Assistance Program, K-CHIP, Child symptoms of the disease, and what will against radiation exposure and establishes Care Assistance Program, and the Low Interim Joint Committee happen if someone has colon cancer. standards for protection against ionizing Income Home Energy Assistance Program His insurance company has spent over radiation resulting from activities (LIHEAP). The eligibility requirements on Health and Welfare $1 million in healthcare costs since his conducted by persons issued licenses or and accessibility for all programs were Minutes of the 5th Meeting diagnosis. registrations by the cabinet; 902 KAR detailed. of the 2011 Interim Dr. Whitney Jones, Clinical 100:022 – establishes procedures, criteria, The final presentation was from Professor at the University of Louisville, terms, and conditions upon which the the Kentucky Department of Education Call to Order and Roll Call and President, Colon Cancer Prevention cabinet issues licenses for the land disposal (KDE) and three Kentucky Schools The fifth meeting of the Interim Joint Project, stated that colon cancer is the of radioactive wastes received from other regarding the status of physical activity in Committee on Health and Welfare was number one cause of cancer deaths in persons; 902 KAR 100:040 – establishes schools. Jamie Sparks with the department held on Wednesday, November 16, 2011, non-smokers in the United States and general provisions for the issuance of reported on the Coordinated School Health at 1:00 p.m., in Room 129 of the Capitol Kentucky. Each year 150,000 Americans radioactive material licenses to possess, Project programs. The subcommittee Annex. Representative Tom Burch, Co- are diagnosed with colon cancer and of use, or transfer radioactive material within learned that these are organized sets of Chair, called the meeting to order at 1:05 that amount 50,000 Americans will die Kentucky; 902 KAR 100:042 – establishes programs, policies, and activities that p.m., and the secretary called the roll. from the disease. Approximately 2,700 requirements for decommissioning and individual schools may voluntarily choose Present were: Kentuckians will be diagnosed with financial assurance of radioactive material to implement. KDE has received funding Members: Senator Julie Denton, colon cancer in 2011 and 800 will die licensees; 902 KAR 100:100 – provides for the development and implementation Co-Chair; Representative Tom Burch, from the disease. Louisville is the fourth radiation safety requirements for industrial of these programs from the Centers for Co-Chair; Senators Joe Bowen, Tom worst largest metropolitan city for colon radiographic operations and shall apply to Disease Control and the Robert Wood Buford, David Givens, Denise Harper cancer nationally. Colon cancer deaths are licensees or registrants who use sources Johnson Foundation Obesity Prevention Angel, Alice Forgy Kerr, Dennis Parrett, 90 percent preventable with appropriate of radiation for industrial radiography; Project. Tates Creek Middle School Joey Pendleton, and Jack Westwood; screening and removal of polyps. In 2001, 921 KAR 2:050 – establishes the time in Fayette County, Shannon Johnson Representatives Julie Raque Adams, Kentucky was the worst state with colon and manner of payments for the Kentucky Elementary School in Madison County, Kelly Flood, Jim Glenn, Brent Housman, cancer, but is currently twenty-third in Transitional Assistance Program (K- and Campbell Ridge Elementary School

20 2011 Interim LEGISLATIVE RECORD in Campbell County testified on the crisis for independent pharmacies in 2011. US Scripts, owned by Centene, is the pharmacy has not been implemented nor specific physical education activities they all communities and the well-being of PBM for the MCO. Kentucky Spirit is a was the four prescription limit per member have implemented in their schools and the patients. The PBM controls when it Kentucky-based company and a subsidiary per month. Pharmacists can administer successes they have experienced. will reimburse the pharmacists for an of Centene, a St. Louis-based company. and be reimbursed for flu vaccines not Senator Denton, Co-Chair of the increased price of medication. Insurance Contracts have been tailored specifically to previously covered services under the Health Issues and Aging Subcommittee, companies, managed care companies, and Kentucky. Kentucky Spirit has negotiated Medicaid fee-for-service benefits. Of the reported that the subcommittee met and PBMs continue to see record profits while contracts with approximately 1,000 1,115 contracted pharmacies, there is one heard a presentation by Mary Crowley- insurance premiums continue to increase pharmacies in 1,200 locations statewide. pharmacy located within 15 miles for most Schmidt, Jan Day, Molly Dobson, and and reimbursement to pharmacies continue The MAC schedule was shared with the members. Catalyst, PBM for WellCare, Polly Troxell on home and community to be cut to devastating lows. The PBMs associations in September to get feedback has committed to address all Kentucky based services for the elderly and disabled. are reducing the reimbursement for drugs, from associations. Kentucky Spirit has MAC appeals daily and to adjudicating Kentucky, like the rest of the United States, and often times the reimbursement is less contracts with independent organizations drug pricing for pharmacy providers in is facing an increasing number of seniors. than the cost of the drugs. as well as large national organizations and real time. Once the appeals are reviewed Over 419,000 older adults, grandparents, Pharmacists often lose money have tailored the contracts so neither has and prices are adjusted in real time, the and persons with disabilities received because they pay more for some drugs on an advantage nor a disadvantage as far price adjustments will be retroactive back services including meals, transportation, the maximum allowable cost (MAC) list as reimbursement levels are concerned. to November 1, 2011. Pharmacies have to and in-home care in fiscal year 2010- than they are reimbursed. The MACs are Because of the any willing provider law, provide drug invoices to make retroactive 2011. Total spending, including federal, set by the PBMs and are confidential. The any pharmacy will be offered a contract. adjustments. WellCare wants to have many state, and local funds, was about $61.3 current Medicaid fee-for-service program Kentucky Spirit is an integrated healthcare qualified in-network pharmacists who will million, at an average cost of about $135 allows pharmacists to look at the MAC list delivery system that includes the medical be available to plan members. per person. The number of individuals and make a determination whether they and pharmacy components. In response to a question by on the wait list for meals, transportation, want to participate or not. The MAC list Barb Witt, CEO, and Jim Giardina, Representative Wuchner, Mr. Willett and in-home care has steadily increased. is updated monthly. The MAC pricing can Vice President of Clinical Services, stated that under Medicare Part D, the The services provide an economic be adjusted by a PBM without any notice CoventryCares of Kentucky, stated that dispensing fee is $6.50. Mr. Van Lahr impact to the local communities and help making it difficult for pharmacies to know because a large percentage of healthcare stated that the fees for private insurance maintain the health and safety of older the pricing, sometimes until a claim is dollars is spent on pharmacy, there are similar to the MCO fees which are adults and the disabled by reducing costs being adjudicated. While a pharmacist can have to be changes in order to achieve about 85 percent less than the previous associated with providing additional care appeal the price, the PBM makes the final savings. Pharmacy audits and MAC fee-for-service reimbursement. for falls, poor health, and malnutrition. decision. Under the contract, a pharmacist pricing reimbursement have been around In response to questions by Senator The Personal Care Attendant Program cannot refuse to fill a prescription for before Medicaid managed care. Since Bowen, Mr. Van Lahr stated that whether (PCAP), one of the first of its kind to be someone who is in the plan. While doctors implementation on November 1, 2011, the medication is dispensed by an established in the United States, continues are given incentives to send prescriptions 175,000 prescriptions have been filled independent pharmacy or a chain, the to provide valuable services to individuals electronically, the pharmacy has to pay totaling $7.5 million. CoventryCares state spends the same amount of money with disabilities and also faces a decrease an additional fee to receive the electronic has not initiated any mail order policies. on purchasing a drug. in funding. prescription and another fee for refills. There is not a four-prescription limit per In response to a question by Senator Susan Campbell Turner, Kentucky Spirit offered pharmacists a member per month as there was in the Givens, Mr. Van Lahr stated that the Commissioner Hall, and Natalie Kelly, Kentucky-specific contract that each fee-for-service plan. There is a proposal pharmacies were not involved in the Cabinet for Health and Family Services, pharmacy could accept or reject. Catalyst to increase dispensing fees. Another part initial negotiations of the cabinet’s request testified about providers’ procedural the PMB for WellCare, and Medco the of the proposal is a pay for performance for proposals (RFP). After the contract concerns with the IMPACT Plus program. PBM for CoventryCares, took an existing program that will engage the College had been signed by the pharmacists, the The program provides services to children contract with the pharmacy purchasing of Pharmacy to better educate the cabinet’s response was that you signed it, with severe emotional disabilities who groups and rolled the Kentucky Medicaid pharmacists to make sure everyone has deal with it. Mr. Bouvette stated that the need intensive services to stay in their members into it and pharmacists were not the same level of education. This would Kentucky Pharmacists Association had home. Ms. Turner highlighted issues given the option to accept or reject the terms help patients who do not take medications discussion with the Governor’s staff and related to due process in the termination of the contract. Even when pharmacists regularly or patients who should be on cabinet Medicaid staff, but there was a of providers. are willing to accept the same payment specific medications but are not filling the breech left at the end of the discussions. Amy Head, Commissioner Neville terms as a PBM-owned mail order and prescriptions. Mr. Minor stated that as data is collected, Wise, and Karen Martin testified about the specialty drug pharmacies, unreasonable Michael A. Minor, State President, the MCO and providers will be able to see Acquired Brain Injury Medicaid waiver requirements are placed them. and Mike Ridenour, Senior Director of if the outcomes were accomplished. program. Ms. Head reported on the One example is having a toll free External Affairs, WellCare of Kentucky, In response to a question by problems she has encountered in trying to number and a registered nurse on call 24 stated that the company is looking at ways Representative Adams, Mr. Minor stated get services for her brain injured husband. hours per day, seven days a week. The to improve healthcare delivery, quality, that all required reports, including financial The committee also heard testimony from PBMs, including those being used by and access of care to the most vulnerable reports, will be filed with the Department Mary Hass about the Money Follows the Medicaid, require members to use their citizens of Kentucky as efficiently as of Insurance by the MCOs. Person program. Ms. Hass highlighted specialty drug pharmacies for many drugs possible. WellCare is committed to In response to a question by problems encountered by individuals in that the independent pharmacy has always maintaining a disciplined approach to Representative Moore, Mr. Van Lahr stated trying to transition from nursing homes to provided. The independent pharmacy is assure a competitive cost structure which is that the pharmacy contract is with the community based services. allowed to fill a prescription initially, but critically important in light of challenging PBM not the managed care organization. Independent Pharmacies Under not to refill the same prescription. When fiscal conditions every state is facing. Representative Stacy stated that big Medicaid Managed Care a community pharmacy closes, people Since implementation on November 1, pharmacies, hospitals, and doctors get the Jonathan Van Lahr, Pharmacist, lose their jobs, local governments lose 2011, 68,500 pharmacy claims have been prices they want and do not have to come Brandenburg Pharmacy, Ralph Bouvette, taxes, and the communities lose access processed, 20,000 calls have been fielded to Frankfort to discuss any problems. Ph.D., J.D., Executive Vice President, to high quality and personal health care. from members and providers assisting Independent pharmacists were not allowed American Pharmacy Services Corporation, Sometimes an independent pharmacy in the transition, member identification to see the contract before being required and Sam Willet, Duncan Prescription is the only pharmacy for 30 to 50 miles. cards and welcome kits have been mailed to sign it. The contracts with the PBMs Center, Mayfield, stated that independent Pharmacy audits are conducted to find to approximately 116,000 members, over will put small pharmacies out of business pharmacists are not just business owners, fraud, waste, and abuse. A pharmacy audit 75,000 health risk assessment calls have because they cannot afford to stay open. but are involved community leaders. can take between 12 to 15 hours and takes been initiated, and hospital and physician In response to a question by Senator There are 550 independent pharmacies away from pharmacists being able to help reimbursements four times per week and Denton, Bill Strein, Vice President, Retail in Kentucky. The provision of pharmacy customers. Recommendations are to get pharmacy reimbursements weekly have Network Management, Medco Health services has changed dramatically over the focus back on fraud, waste, and abuse, been processed. Solutions, stated that he is not aware of the years because health care and health not require more stringent recordkeeping Several member forums have been the policy that a pharmacist is required to insurance has changed so much. Instead than what is required by law, and prohibit scheduled statewide to get direct feedback have a toll free number or RN available of health insurers managing a person’s recoupment of a claim for a covered from Medicaid recipients. The company to dispense specialty drugs. Mr. Giardina pharmacy needs, most have turned these individual. coordinates and integrates medical, stated that specialty drugs are covered responsibilities over to pharmacy benefit Tom Kaye, Pharmacy Director, Amy behavioral, and pharmacy services for under the pharmacy and medical benefits managers (PBMs). The large out-of-state Williams, Vice President, Marketing eligible Medicaid recipients. The focus depending on who is administering the corporations are focused on cutting costs Development, and Marty White, Vice is on improving healthcare outcomes medication. Self-administered drugs and creating profits for their shareholders President, External Relations, Kentucky and care coordination while promoting are covered under the pharmacy benefit by cutting pharmacy reimbursement Spirit Health Plan, stated that Kentucky wellness and healthier lifestyles to lower and provider administered drugs would so dramatically that it has created a Spirit was implemented on November 1, the overall cost of healthcare. A mail order typically be under the medical benefit.

THE KENTUCKY GENERAL ASSEMBLY 21 CoventryCares does have a requirement on Families and Children of the Interim to the implementation of the TOTS system to the committee. that specialty pharmacies meet certain Joint Committee on Health and Welfare which enabled them to get better, more criteria. Mr. Kaye stated that any retail was held on Wednesday, November 16, accurate data. School Physical Activity Initiatives pharmacy has the ability to dispense 2011, at 10:00 AM, in Room 131 of the In response to a question by Jamie Sparks, Coordinated School any specialty drug with a national drug Capitol Annex. Representative Tom Representative Housman, Ms. Goff Health Project Director in the Kentucky code (NDC) number, for initial and refill Burch, Chair, called the meeting to order, responded that screening usually helps Department of Education spoke about prescriptions. Susan Burgess, Legal and the secretary called the roll. to show eligibility of the child for the School Physical Activity Initiatives along Counsel at Catalyst, stated that she is not Present were: programs. Not all delays make the child with Maria Conger, IB Coordinator and aware of any specific requirements for Members: Representative Tom program eligible. Sara King, Physical Education Instructor, retail pharmacies to dispense specialty Burch, Co-Chair; Senators Perry B. Clark, In response to a question by both from Tates Creek Middle School drugs. Mr. Gaye stated that there are David Givens; Representatives Julie Representative Housman, Ms. Goff in Fayette County; Lee Anne Browder, different criteria for Medicare Part B. Raque Adams, and Brent Housman. responded that the revenue data was not Principal, and Kathy Todd, Physical In response to a request by Senator LRC Staff: Ben Payne, Jonathan correct on the charts and she would have Education Instructor, both from Shannon Denton, Mr. Strein, Medco Health Scott, and Cindy Smith. that data looked at and get the correct Johnson Elementary School in Madison Solutions, Mr. Wolfe, Catalyst, and Mr. First Steps Program Update numbers back to the committee. County; and Anthony Mazzei, Principal, Gaye agreed to be contact persons to Dr. Ruth Ann Shepherd, Director Family Assistance Programs and Amber Evans, FRYSC Director, both answer questions from the pharmacists. of the Division of Maternal and Child Dr. Ruth Ann Shepherd, Director from Campbell Ridge Elementary School In response to a question by Health for the Cabinet for Health and of the Division of Maternal and Child in Campbell County. Mr. Sparks reported Representative Burch, Mr. Gaye stated Family Services, and Paula Goff, First Health for the Cabinet for Health and on the Coordinated School Health Project that Kentucky Spirit had provider Steps Coordinator in the Division of Family Services and Jason Dunn, Family programs. The subcommittee learned that representatives who solicited participation Maternal and Child Health in the Cabinet Support Division Director in the Cabinet these are organized sets of programs, and worked with the Kentucky Pharmacists for Health and Family Services presented for Health and Family Services spoke policies, and activities that individual Association to reach out to the pharmacists. information on the First Steps Program. about Family Assistance Programs. schools may voluntarily choose to Mr. Wolfe stated that generally the The program, which began in 1994, is a Dr. Shepherd reported on the Special implement. KDE has received funding pharmacists belong to a pharmacy services statewide early intervention system that Supplemental Nutrition Program for for the development and implementation administration organization (PSAO) that provides services to children from birth Women, Infants, and Children that serve of these programs from the Centers for allows them to contract with entities on to age three who have developmental 136,000 Kentuckians monthly. The first Disease Control and the Robert Wood their behalf. disabilities and their families. The WIC program began in Kentucky in 1974. Johnson Foundation Obesity Prevention In response to a question by program serves over 14,000 individuals Funding for the program is provided to Project. Tates Creek Middle School Representative Stacy, Mr. Wolfe stated annually. First Steps is administered by the each state in two categories: Nutrition in Fayette County, Shannon Johnson that Catalyst contracts with a PSAO who Department for Public Health within the Services Administration; and Food Funds. Elementary School in Madison County, can legally sign on behalf of a group of Cabinet for Health and Family Services. Kentucky WIC funding for 2010-2011 and Campbell Ridge Elementary School pharmacists. Ms. Burgess stated that The program offers a variety of early was $116,982,559. Mr. Dunn continued in Campbell County testified on the Catalyst worked with the PSAOs about intervention services that meet a child’s the assistance programs presentation specific physical education activities they the reimbursement rate for independent developmental needs through coordination and reported that the cabinet facilitated have implemented in their schools and the pharmacies. Catalyst also sent a letter to with a variety of community partners and programs of Temporary Assistance to successes they have experienced. the independent pharmacies not included agencies. The challenges of the program Needy Families, K-TAP, Supplemental In response to a question by Senator in a PSAO asking them to participate. Mr. include continuing to improve results for Nutrition Assistance Program, K-CHIP, Givens, Ms. Browder and Ms. Todd Van Lahr stated that US Scripts was the families and children; improving child Child Care Assistance Program, and the reported that the information on the only PBM that has a Kentucky Medicaid find; incorporating changes due to new Low Income Home Energy Assistance child’s BMI is not available on the infinite specific contract with pharmacists. Medco federal regulations; anticipated decrease in Program. The eligibility requirements campus website, but a report goes home to and Catalyst rolled the pharmacists into federal funding and tobacco funding; and and access ability for all programs were the parents with that information. existing contracts that may not be a continuing to do more with less money. detailed. Adjournment Kentucky Medicaid specific contract and In response to a question by Senator In response to a question by Senator The meeting was adjourned at 12:20 has been in place for years. Mr. Wolfe Givens, Ms. Goff responded that every Givens, Dr. Shepherd said that the WIC p.m. stated that the Catalyst pharmacy contract child gets a five area assessment. This is program is completely federally funded, to participate in WellCare is a national updated annually and the report reflects and the $5 million per month amount Interim Joint Committee contract specific only to Medicaid. The the entry and exit data of the children. sounds right. reimbursement rates, including the MAC Specifically, the exit data reflects children In response to a question by Senator on Health and Welfare rate, are the same in any state that WellCare that have aged out or left the program Givens, Dr. Shepherd said the income Subcommittee on Health Issues and does business. Mr. Gaye stated that US early. guidelines are all federally defined, and Aging Scripts worked directly with pharmacies In response to a question by Senator there is no state input. Minutes of the 2nd Meeting as well as the Kentucky Pharmacists Givens, Ms. Goff responded that some In response to a question by Senator of the 2011 Interim Association. children are mildly impacted, and some Givens, Dr. Shepherd said that the 185 November 16, 2011 In response to a question by are more severely impacted, while others percent of poverty level is a concern and Representative Housman, Mr. Gaye stated are good with social development. All that some look at it as a disincentive to Call to Order and Roll Call that pharmacists are being exposed to three areas are examined to get the whole work, but the state does not set the level The second meeting of the the evolution of the market. Mr. Wolfe effect on the child. The data is looked at and the federal government may not want Subcommittee on Health Issues and Aging stated that independent pharmacists are item by item and gets analyzed over time. to increase the level. of the Interim Joint Committee on Health incredibly important in trying to get This data factors into the entry and exit In response to a question by and Welfare was held on Wednesday, healthcare costs under control. Mr. Strein data pool of the child. Representative Housman, Dr. Shepherd November 16, 2011, at 10:00 a.m. in stated that the over the past four years, In response to a question by Senator said there is an average of $40 per Room 129 of the Capitol Annex. Senator the marketplace has been commoditized. Givens, Ms. Goff responded that the participant, per month in Kentucky. Julie Denton, Co-Chair, called the meeting Payors need to recognize the value of cabinet has been measuring data since In response to a question by to order at 10:10 a.m., and the secretary the clinical services that can be delivered 2007, with a small data pool. Some data Representative Housman, Dr. Shepherd called the roll. through a pharmacy network. was thrown out for a variety of reasons, said the WIC program is completely Present were: Adjournment but now every piece of data is getting into separate from the Food Stamp program. Members: Senator Julie Denton, There being no further business, the the KEDS system. Their target numbers In response to a question by Senator Co-Chair; Senators Joe Bowen, Denise committee adjourned at 3:50 p.m. are now based on 125 children, while the Givens, Mr. Dunn said that KTAP benefits Harper Angel, Dennis Parrett, and Jack original target numbers were only based do accumulate toward the income limit Westwood; Representatives Tim Moore, on data from 75 children. and this may also be the case in the and Addia Wuchner. Interim Joint Committee In response to a question by Senator Low Income Home Energy Assistance Guest Legislators: Senator Jimmy on Health and Welfare Givens, Ms. Goff responded that Kentucky Program. Higdon; and Representatives Jimmie Lee Subcommittee on Families and will not be able to compare data with other In response to a question by Senator and Terry Mills. Children states because not all states use the same Givens, Mr. Dunn said that every state, Guests: Mary Crowley-Schmidt, Minutes of the 1st Meeting information to determine the data. not just Kentucky, is struggling and Assistant Director, Bluegrass Area of the 2011 Interim In response to a question by experiencing huge caseloads. Agency on Aging and Independent November 16, 2011 Representative Housman, Ms. Goff In response to a question by Living; Jan Day, Executive Director, Call to Order and Roll Call responded that the big difference in the Representative Housman, Mr. Dunn said Center for Accessible Living; Molly The 1st meeting of the Subcommittee numbers of participants in the programs he will prepare a one page sheet on all the Dobson, Contracts and Budget Planner, between 2010 and 2011 was mainly due programs and will provide that information Kentuckiana Regional Planning &

22 2011 Interim LEGISLATIVE RECORD Development Agency (KIPDA); Polly In response to statements by is entitled to due process. She questioned LRC Staff: Norman Lawson Jr., Jon Troxell, Tri-County Community Action Representative Wuchner, Ms. Dobson why the cabinet contracts with Eastern Grate, Joanna Decker, Ray DeBolt, and Agency, Henry County; Amy Head, family stated that there is coordination with Kentucky University to conduct the Rebecca Crawley. member; Susan Campbell Turner, Children community ministries who can provide audits. The minutes of the October 7, 2011 and Family Counseling Association, Inc. more resources and support. Representative Mills stated that the meeting were approved without objection and IMPACT Plus provider; Steve Hall, Susan Campbell Turner, Children cabinet should use this case as an example by voice vote. Commissioner, Department for Behavioral and Family Counseling Association, Inc., on how to deal with providers and how the Representative Tilley noted Health, Developmental and Intellectual Commissioner Steve Hall, and Natalie auditors handle cases. Representative Yonts was absent from Disabilities, Cabinet for Health and Kelly, Children’s Branch Manager, Senator Harper Angel expressed the meeting because he was participating Family Services; Eric Friedlander, Deputy Division for Behavioral Health, Department concern that the IMPACT Program in the State Leaders’ National Forum on Secretary, and Natalie Kelly, Cabinet for Behavioral Health, Developmental does not have a grievance or appeals Reentry and Recidivism in Washington for Health and Family Services; Niel C. and Intellectual Disabilities, Cabinet for process, and that the cabinet has no time D.C. Turner, Children and Family Counseling Health and Family Services, testified requirement after a review of an audit is State of the Judiciary Report Association, Inc.; Lee Guice and Mary about providers’ procedural concerns with finished to send a report to providers. Chief Justice John D. Minton, Jr., Begley, Office of Inspector General; Ellen the IMPACT Plus program. The program Amy Head, wife of Marty Head Kentucky Supreme Court, presented Kershaw and Debbie Tobin, Alzheimer’s provides services to children with severe who has an acquired brain injury, the 2011 State of the Judiciary Report. Association. emotional disabilities who need intensive Commissioner Neville Wise, and Karen He introduced members of the Court of LRC Staff: Miriam Fordham, Katie services to stay in their home. Ms. Turner Martin, Department for Medicaid Appeals, Circuit Judges, Family Court French, and Gina Rigsby. highlighted issues related to due process Services, Cabinet for Health and Family Judges, District Judges, Circuit Clerks, Minutes in the termination of providers. Services, testified about the Acquired and the staff of the Administrative Office A motion to approve the minutes of In response to comments by Senator Brain Injury Medicaid waiver program. of the Courts, who were attending the the October 19, 2011, meeting was made Higdon, Ms. Turner stated that her Ms. Head reported on the problems she meeting. The Chief Justice complimented by Senator Bowen, seconded by Senator agency obtained legal counsel who sent has encountered in trying to get services the General Assembly for placing him Harper Angel, and approved by voice two certified letters asking for dispute for her brain injured husband. Ms. Hass on the Task Force on the Penal Code and vote. resolution meetings, but they have not testified about the Money Follows the Controlled Substances Act, giving each Discussion of Home and received a reply from the cabinet. Person program and highlighted problems branch of government representation in Community-Based Services (HCBS) for In response to questions by Senator encountered by individuals in trying the development of 2011 HB 463. the Elderly and Disabled Denton, Deputy Secretary Friedlander to transition from nursing homes to Chief Justice Minton began his Mary Crowley-Schmidt, Jan Day, stated that when a provider signs a community based services. presentation by describing achievements Molly Dobson, and Polly Troxell presented contract, the provisions are binding Commissioner Wise stated that of the Court of Justice, including testimony on home and community based on the cabinet and the contractor. The there are appeal rights for any member in implementation of 2011 HB 463, which services for the elderly and disabled. provisions in the contract are clear about any Medicaid service when the member required fundamental culture changes Kentucky, like the rest of the U.S., is what remedies and rights are available. has had a denial from the peer review in the courts. Implementation included facing an increasing numbers of seniors. The cabinet believes that it abides by organization even in the new Medicaid developing new legal forms, a revised Over 419, 000 older adults, grandparents, the terms of the contract as well as the managed care organizations. Ms. Martin accounting manual, pretrial and other and persons with disabilities received contractors. The cabinet has a concern for stated that the cabinet has not denied procedures, and the training of judges, clerks, services including meals, transportation, children receiving services and expanding services to Mr. Head but is trying to find pretrial officers, and other participants in and in-home care in fiscal year 2010- the provider network and shares concerns services for the supports he needs. the court system on the provisions of HB 2011. Total spending, including federal, about adequate access to services. There In response to a question by Senator 463 and its implementation. The Chief state, and local funds, was about $61.3 are internal audits conducted when it Denton, Ms. Hass stated that no one who Justice complimented Senator Jensen million, at an average cost of about $135 is determined a provider needs to be made the decision to deny Mr. Head and Representative Tilley for making per person. The number of individuals on terminated to ensure it is in the best interest services is medically qualified. Ms. Martin themselves available for these training the wait list for meals, transportation, and of the program, and the children that are stated that the cabinet is held accountable sessions and responding to questions in-home care has steadily increased. The being served by the cabinet. Ms. Kelly for budget neutrality. The four goals about the bill. services provide an economic impact to stated that once an audit is completed, a that the cabinet looks at when making The Chief Justice described the the local communities and help maintain report is submitted within 45 days. The decisions are equity, efficiency, liberty, successes of HB 463 in the first five the health and safety of older adults and the 45 day timeframe is not in policy, but one and security. months of its implementation, including disabled by reducing costs associated with the cabinet has placed upon itself. Unless Adjournment a 15 percent decrease in arrested providing additional care for falls, poor there is a case where deficiencies have to There being no further business, the defendants, four percent increase in the health, and malnutrition. The Personal be taken to a different level, the report meeting was adjourned at 12:05 p.m. overall release rate, 50 percent to 67 Care Attendant Program (PCAP), one of may or may not be submitted. Within the percent increase in non-financial releases the first of its kind to be established in past five years, only two providers have Interim Joint Committee of low-and moderate-risk defendants prior the U.S., continues to provide valuable not received a 45 day post audit report. to trial, a 738 person decrease in pretrial services to individuals with disabilities Deputy Secretary Friedlander stated that on Judiciary jail population, and no increases in the and also faces a decrease in funding. any time the cabinet performs a review Minutes of the 6th Meeting number of persons not appearing for trial In response to questions by Senator and it receives a great deal of scrutiny, it of the 2011 Interim or committing new crimes while on pretrial Bowen, Ms. Dobson stated that there looks at its processes and ways to make December 9, 2011 release. There has been an increase in the are 15 Area Agencies on Aging and, in improvements. Any changes in the terms Call to Order and Roll Call number of pretrial releasees being placed Kentucky, are placed within the Area of a contract entered into between the The 6th meeting of the Interim Joint on monitored conditional release by 1,285 Development Districts. Bids for services cabinet and a provider would need an Committee on Judiciary was held on persons, resulting in 4,493 defendant call- are taken on funds received from the amendment to the contract. Friday, December 9, 2011, at 10:00 AM, in in reports, 3,934 additional curfew checks, state, and a service provider network is In response to questions by Senator Room 171 of the Capitol Annex. Senator 2,642 additional drug tests, and 6,737 established in each of the communities. Parrett, Deputy Secretary Friedlander Tom Jensen, Chair, called the meeting to additional office visit reports, resulting Each Area Agency on Aging has its own stated that the terms of the contract are order, the secretary called the roll, and a in much higher levels of activity for network of providers that provide specific accepted and signed by the contractor and quorum was present. pretrial release officers. The Chief Justice services. cabinet, and each entity has to comply Present were: indicated a need for 25 additional pretrial In response to a question by Senator with the contract provisions. Members: Senator Tom Jensen, Co- release officers and an increase in pay for Harper Angel, Ms. Dobson stated that the In response to a question by Chair; Representative John Tilley, Co- the existing officers who are leaving for federal Centers for Medicare and Medicaid Senator Westwood, Deputy Secretary Chair; Senators Perry B. Clark, Carroll higher paying jobs with the Department of Services (CMS) through the Affordable Friedlander stated that he would provide Gibson, Ray S. Jones II, John Schickel, Corrections. Care Act, has set a policy on how the civil the subcommittee with the reasons why Dan “Malano” Seum, Katie Kratz Stine, Other successes included a and monetary penalties (CMP) in each the cabinet did not respond to two certified and Robin L. Webb; Representatives reorganization of the Jefferson District state are to be handled. The funds have to letters sent from Ms. Turner. Senator Jesse Crenshaw, Joseph M. Fischer, Kelly Court which has increased case be returned to CMS. In Kentucky, some Westwood stated that the cabinet needs Flood, Sara Beth Gregory, Joni L. Jenkins, dispositions, decreased waiting times for of the CMP funds have been designated to be more proactive in responding to Mary Lou Marzian, Michael J. Nemes, trial, and evened the caseloads for judges toward assisting in the support of the requests and letters from providers. Tom Riner, and Steven Rudy. who hear 400,000 cases per year, new state Long-Term Care Ombudsman. The Senator Denton stated that every Guests: Chief Justice John D. Minton, uniform rules for Family Court practice Department for Aging and Independent provider has the right to know what Jr.; Laurie Dudgeon, Leslie Brown, Leigh which were developed under the guidance Living has been in contact with CMS accusations have been reported about Anne Hiatt, Administrative Office of of Deputy Chief Justice Mary Noble, to find out how Kentucky can retain the them and have the opportunity to defend the Courts; and Marti White, Kentucky the initiation of a Best Practices/Model CMP funds. itself against the allegations. Every person Spirit. Court initiative for improving outcomes

THE KENTUCKY GENERAL ASSEMBLY 23 for out-of-home care of children by Minutes of the 7th Meeting most potential to provide net benefits. The provision; 6. Investigate methods the Department of Juvenile and Family of the 2011 Interim Washington model focuses on recidivism for combating methamphetamine. 7. Services of the Administrative Office of December 16, 2011 and potential savings from less crime in Investigate better methods for combating the Courts which is now active in seven Call to Order and Roll Call the future. Some limitations include the pill mills. Chairman Tilley indicated that counties, the increase in the eWarrants The 7th meeting of the Interim amount of Kentucky data available, the there are already several prefiled bills on system to 113 counties with the assistance Joint Committee on Judiciary was held short duration of most recidivism studies, the matter which will be considered during of the Attorney General, Department of on Friday, December 16, 2011, at 1:00 which is three years to five years, and the 2012 Regular Session; 8. Clarify Kentucky State Police, Kentucky Office PM, in Room 171 of the Capitol Annex. does not provide a long-term evaluation various provisions in the drug court of Homeland Security and Open Portal Representative John Tilley, Chair, called for treated versus untreated offenders. statute as recommended by the Court of Solutions, implementation of a statewide the meeting to order, the secretary called Mr. Clark indicated it would be difficult Justice; 8. Clarify misdemeanor citation jury management system, and the Day the roll, and a quorum was present. to justify the assumptions for long term and arrest powers; 9. Clarify application on the Bench program which encourages Present were: effects based on short-term data for crimes of bail credits; 10. Clarify pretrial release judges to invite legislators to view court Members: Senator Tom Jensen, Co- avoided. Data on correctional costs, for provisions; 11. Reevaluate employment activities for a day to have a better Chair; Representative John Tilley, Co- instance is easier to estimate, but one restrictions for felons; 12. Review understanding of the court system. Chair; Senators Perry B. Clark, Jerry P. must differentiate between fixed costs challenges presented in misdemeanor The Chief Justice described the needs Rhoads, Dan “Malano” Seum, Katie Kratz such as debt service, and variable costs expungement, particularly the one offense of the courts as including redistricting of Stine, Robin L. Webb, and Jack Westwood; such as lowering the cost of incarceration provision; 13. Create a uniform statewide Supreme Court districts to be more equal Representatives Jesse Crenshaw, Joseph medical care and food service costs with gang database; 14. Ensure confidentiality in population and caseload, which would M. Fischer, Kelly Flood, Sara Beth less crime. There is also a problem of for victims of sexual offenses; 15. also include the Court of Appeals since it Gregory, Jeff Hoover, Joni L. Jenkins, effect size related to the type of crime Investigate better methods to combat uses the same districts, and dealing with Thomas Kerr, Mary Lou Marzian, Michael which might be prevented. For example, a human trafficking; 16. Ensure protection needs of the winding down and eventual J. Nemes, Darryl T. Owens, Tom Riner, Washington state study found that a drug of child victims from Internet exploitation; elimination of the senior status judge and Steven Rudy. treatment program reduced the two year 17. Ensure justice reinvestment; 18. program which allowed retired judges Guests: Tanya Fogle, Bluegrass Area felony recidivism from 29 percent to 20.2 Address issues relating to the electronic to fill in for judges who could not hear a Development District; and Lauren-Brooke percent. However, the difference resulted monitoring of offenders; 19. Create a task particular case or were covering dockets Eisen, Vera Institute of Justice. from a reduction in drug felonies. There force to review juvenile justice matters; 20. for them and to assist judges in reducing LRC Staff: Norman Lawson Jr., Jon was no statistically significant reduction in Use the Results First cost-benefit model to caseloads. Grate, Joanna Decker, Ray Debolt, and nondrug felonies. Another factor was fixed allocate reinvestment funds to evidence- Budget items for the new biennium Rebecca Crawley. costs in providing services such as criminal based programs; 21. Require detailed include a compensation plan for court Vera Institute of Justice defense services by the Department for reporting on evidence-based programs; employees, a new technology system Lauren-Brooke Eisen, Program Public Advocacy which might reduce the 22. Authorize expanded use of the Results which will link all 120 counties in one Associate, Center on Sentencing and caseload of public defenders, but not the First cost-benefit analysis. system replacing 120 separate obsolete Corrections at the Vera Institute of Justice, costs of providing the defense, because Senator Webb suggested any systems which will provide for improved presented an update on Vera’s role assisting the present caseload per public defender reauthorized task force should have broader case management and record keeping at a Kentucky with the Justice Reinvestment is so high. As far as a conclusion from the representation, particularly from members cost of $2.2 million in debt service each Initiative Phase II. She described Vera’s pilot study, the economist recommended of the General Assembly, and the integrity year, adding twenty-five new pretrial role in Kentucky as a liaison between caution in relying on the data, particularly of the committee process is important for officers and improving pretrial officer the Bureau of Justice Assistance and the in the area of marginal costs associated proper input. Senator Webb also indicated salaries, full funding for the Judicial Form state in facilitating the state’s application with avoided crimes. Further study of the that changes to the Drug Court program Retirement System which was not fully for up to $400,000 to implement the Kentucky offender population is needed should be made by the Court of Justice funded in the last budget cycle at a cost justice reinvestment portions of HB 463 so that Kentucky specific results can be and should include both entrance and of $10.8 million each year, adding new in cooperation with the Administrative obtained and evaluated. discharge provisions. Chairman Tilley Family Court judgeships in two circuits, Office of the Courts, Department of Discussion of Task Force on Penal said previous legislatively based task force converting one District Court judgeship Corrections, and other state agencies. Code and Controlled Substances Act was unable to produce recommendations to a Family Court judgeship, and building Ms. Eisen indicated a JRI working group Report and that success was achieved by the new judicial centers in Henry County and has been established involving state and Chairman Tilley recognized the utilization of a task force consisting of Nicholas Counties. local agencies and the courts to set goals continuing efforts of the stakeholders in representatives from all three branches Senator Jensen complimented the and identify areas of need for the pass- making suggestions to the task force and of government. Senator Webb suggested Chief Justice on his presentation and through funding application. Identified the committee during the past interim the committee needed input on juvenile implementation of HB 463. areas of need include assistance to the which greatly assisted both the task force law issues. Senator Jensen commented Senator Gibson asked about reported Department of Corrections in designing a and the committee in arriving at its report the three branches worked well together problems with the test for persons system to estimate savings, assistance in and recommendations. on producing both 2011 HB 463 and this desiring to run for Circuit Clerk. Laurie implementing evidence-based practices, Chairman Tilley told the committee report and complimented the stakeholders Dudgeon, AOC Director, responded there working with judges to understand new how the recommendations in the draft task on their continued interest, comments, and were problems with some test booklets policies and training Circuit Clerks and force report were developed and pointed support. containing answers written in and others pretrial officers. Several areas of need out the initial revision of the penal code The report, as amended by the where the answer sheets did not have the were identified which were beyond took four years, and that one interim period Task Force on the Penal Code and same number of available answers as did the initial funding goals, including was insufficient for a full review and Controlled Substances Act, was accepted the questions. She told the committee there technology issues at the Administrative restructuring of the penal code. The report by the committee for transmittal to the will be retesting at several locations. In Office of the Courts, and implementation reflects general areas for further study Legislative Research Commission. The response to a question from Representative of the sentencing information system for during the next interim by a reconstituted meeting adjourned at 2:10 p.m. Crenshaw, she said the cost of additional victims and others by the Department of task force. Chairman Tilley indicated the pretrial officers would be about $2.1 Corrections to be implemented by July first part of the report details what has been Joint Meeting of the million each year of the biennium. Senator 2013. Ms. Eisen indicated Vera staff has done to implement the provisions of 2011 Interim Joint Committee Webb complimented the Chief Justice created data monitoring spreadsheets to HB 463 and the items of need identified on the implementation of HB 463 and assist the Administrative Office of the during the committee meetings. on Labor and Industry expressed approval of the Senior Status Courts and the Department of Corrections Specific recommendations include: and the Interim Judge program. Senator Jensen asked in their data collection and monitoring 1. Reform the Penal Code; 2. Reclassify Joint Committee on about population changes and caseloads efforts. offenses and modify the sentencing Economic Development affecting the Circuit Courts and the District Results First Pilot Project structure to include new classes of Courts, and the Chief Justice responded the Mike Clark, LRC Economist, felonies, the possibility of a new high and Tourism court system is working on the issue. He reported on the results of the pilot project misdemeanor offense, and adjustments Minutes of the 4th Meeting noted there are great caseload disparities for using the Results First program to to parole eligibility for certain offenses; of the 2011 Interim but the issue is complicated because each evaluate criminal justice and other needs 3. Modify trafficking in controlled October 20, 2011 change in Circuits Districts also affects based on a model from the Washington substances in the second and third degrees Call to Order and Roll Call the Commonwealth’s Attorney. Public Policy Institute. Mr. Clark said and the aggregation of drug transactions The 4th meeting of the Interim Joint The meeting adjourned at 11:55 a.m. from a research perspective, Results to achieve better results; 4. Create a Committee on Labor and Industry was First might not be adequate as the sole generally applicable synthetic drug statute held on Thursday, October 20, 2011, at Interim Joint Committee determinant for identifying and selecting which Chairman Tilley indicated could 9:30 AM, in the Rolex Stadium Hospitality on Judiciary corrections programs which have the anticipate further modifications to existing Room at the Kentucky Horse Park. Senator drugs; 5. Clarify the deferred prosecution Alice Forgy Kerr, Chair, called the meeting

24 2011 Interim LEGISLATIVE RECORD to order, and the secretary called the roll. Tourism in portions of 10 counties by producing 86 highly skilled workers. There are 7,000 Present were: Matt Sawyers, Deputy Secretary, million gallons of water daily. During the individuals who are members of the Members: Senator Alice Forgy Kerr, Tourism Arts and Heritage Cabinet, World Equestrian Games, KAW saw its American Translation Association. Co-Chair; Representative Rick G. Nelson, noted the success of the World Equestrian maximum usage with high temperatures Most of those members are independent Co-Chair; Senators Jared Carpenter, Games and the dedication of Horse Park being a contributing factor to increased contractors and want to remain that way. Denise Harper Angel, Ernie Harris, and staff as well as the Department of Travel demand. Ms. Norton said maintaining a These individuals are used by multiple Kathy W. Stein; Representatives C. B. and Tourism. substantial water supply has been an issue language service agencies and not doing Embry Jr., Richard Henderson, Wade Hank Phillips, Deputy Commissioner, over the past 20 years. In 2008, KAW and the work of the language service company Hurt, Thomas Kerr, Terry Mills, Michael Department of Travel and Tourism, the Public Service Commission agreed itself, but of interpreting and translating J. Nemes, Tom Riner, and Brent Yonts. outlined the agency’s mission to promote the best solution was a new 20 million for the various entities that hire them. Guests: John Nicholson, Executive travel to and within the Commonwealth. gallon treatment plant and distribution In response to questions from Director, Kentucky Horse Park; Cheryl The vision is to enable the traveling public system in Owen County. The facility was Senator Harris, Ms. Bell, Chief Executive Norton, President, Kentucky American to understand and feel the uniqueness of completed in 2010. Over 200 people were Officer of In Every Language, a Louisville Water; Matt Sawyers, Deputy Secretary, Kentucky. In 2010, tourism resulted in an employed during construction. The project based company, stated that there are nine Tourism, Arts and Heritage Cabinet; $11.4 billion economic impact–$2.5 billion contributed more than $1.1 million in new language service agencies in Kentucky. Hank Phillips, Deputy Commissioner, in payroll and $1.2 billion in local and state property and real estate tax revenue in the In Every Language provides services Department of Travel and Tourism; taxes, as well as 170,000 jobs. Mr. Phillips four counties involved, and the revenue nationwide. There are 2,500 companies William Graeper, Certified Languages said the Southeast Tourism Society will supplied needed school funding during that provide translation and interpretation International; Terena Bell, Chief Executive announce that the department has been a period of cutbacks. Ms. Norton listed services in the United States. The Officer, In Every Language; Dwight Lovan, selected as the southeast state travel office several of KAW’s community project translators and interpreters could be Commissioner, Department of Workers’ of the year. Key to this award was “The involvements. She noted how important placed by multiple companies in order to Claims; and Melissa Beasley, Deputy Kentucky Experience” exposition at the having a sufficient water supply is to maintain their work load. Director, Division of Unemployment WEG. The exposition was later moved to economic development, pointing out this In response to a question from Insurance the Kentucky History Center and then to was a major consideration when Toyota Representative Nemes, Mr. Graeper LRC Staff: Adanna Hydes, Carla the state fair. Next year it will be a part of Manufacturing came to Kentucky. explained how language services Montgomery, and Betsy Nickens. the Travel South conference in Louisville. Responding to Senator Stein’s are constantly battling the issue of Kentucky Horse Park Mr. Phillips outlined other questions, Ms. Norton said Fayette Urban whether interpreters and translators are John Nicholson, executive director promotional efforts, which include County Government pays $38 per month independent contractors or employees. of the Kentucky Horse Park, updated commercials, the Kentucky Visitors Guide, per fire hydrant in maintenance fees. With More enforcement actions are taking members on the success of the park and the award winning website launched the addition of the new plant, community place among the individual companies one year after the Alltech FEI World in 2010. Upcoming events include the growth is sustainable for the next 15 to 20 nationwide, but it is ultimately a strain on Equestrian Games (WEG). Based on an Civil War Heritage Trails Program, which years. Ms. Norton said usage per customer time and resources to fight each individual economic impact study commissioned by is part of the Civil War Sesquicentennial; has declined in recent years due to the case. Therefore, Mr. Graeper feels that it the Tourism, Arts and Humanities Cabinet, the Bill Monroe Centennial, the Kentucky economy and other issues such as rainfall is better to approach the subject on the the games brought $201.5 million to the Inaugural Sprint Cup Race, and the Senior and more efficient homes. legislative level. state including $45 million in wages, $18.4 PGA Championship. In response to Representative Hall’s Ms. Bell stated that the language million in state taxes, and $4.5 million in Mr. Phillips explained the question about new Environmental service industry is a $31 billion market local taxes. In addition to the 70 national development of the new marketing Protection Agency (EPA) regulations of globally. In the United States, companies shows already held at the park annually, campaign, “There’s Only One Kentucky,” storm water systems and other utilities, spend $17 billion annually on language the state’s investment in the park has which came about through the use of focus Ms. Norton said the new EPA regulations, services. With 2,500 language service resulted in 14 new equine events, twelve groups and input from tour companies. costing millions, are challenging and costly companies in the nation, only nine of which are annual events including the The campaign includes sites that are to communities and customers. Many of are located in Kentucky. She said it is Alltech National Horse Show, which is unique to the Commonwealth, such as the regulations are not based on scientific tempting to move her business to another the oldest and most prestigious horse “Horse Capital of the World,” Mammoth evidence. She said it is important to state because Kentucky has not taken a show in America and was formerly held Cave, and the National Quilt Museum. address these issues in a logical manner. stand for the industry. at Madison Square Garden. The economic Mr. Phillips said the use of “ten Responding to Representative Senator Kerr advised the impact of these new events is estimated at second spots” in television commercial Palumbo’s question, Ms. Norton committee that a summary of employee $44.2 million. He noted that the cabinet production helped budget advertising explained that KAW’s limit of 17 or fewer misclassification in the construction sector is also currently conducting an economic funds. The commercials were produced by a notifications is self-imposed. She said as is available in the members’ meeting impact study of the Horse Park. Kentucky company. Radio advertisements EPA regulations get more difficult to meet, folders from the Kentucky State Building Referencing Chronicle of the Horse, will be released in the spring of 2012. it is more of a challenge to avoid getting and Construction Trades Council. Mr. Nicholson quoted the equestrian Other advertisements include print and notices of violation. Senator Kerr introduced sport publication’s statements about the banner ads in the visitors guide as well as Independent Contractor Issues for Commissioner Dwight Lovan and Deputy legacy the WEG left for United States online and social media. Interpreters and Translators Director Melissa Beasley, who were horse sports. The park updates resulted Responding to Representative Julie Mr. William Graeper, Certified present to answer questions regarding in it being the “go to” location for Adam’s question, Mr. Phillips said $1.3 Languages International, travels in independent contractors as it relates to national championships and other major million has been spent on advertising. sponsorship of legislation that will classify workers’ compensation insurance and equine events including the Junior Rider In response to Senator Stein’s interpreters and translators as independent unemployment insurance. Commissioner Championships and the National Horse questions, Mr. Phillips said Miles Media, contractors as opposed to employees of Lovan explained that whether a worker is Show. The benefits for the industry and the headquarted in Florida, published the language service agencies. He stated in an independent contractor is determined state will be measured for years to come. 2011 Visitor’s Guide. It was selected 2001 his language services company was through case law. In the Kentucky Workers’ Mr. Nicholson noted the park’s through the state procurement process. audited by its insurance company, resulting Compensation Act, there is no definition museum will feature an exhibit produced Advertisements that are affiliated with the in the company’s interpreters being of independent contractor nor is there by the American Museum of Natural Tourism Cabinet are purchased by outside classified as employees. He considers any reference to such. An independent History, titled The Horse, and one of the entities. The guide is published at no cost interpreters to be independent contractors contractor is not an employee; therefore, park’s educational programs, the Kentucky to the state—revenue is derived through and not employees. Certified Languages workers’ compensation does not apply. Horse Park Literacy Project. advertisements. If income exceeds a International fought the decision and The four predominate factors to determine Representative McKee thanked Mr. certain percentage, the state receives won. Mr. Graeper sponsored legislation whether a worker is an independent Nicholson for his efforts in promoting the dividends, although that has not occurred in Oregon exempting interpreters and contractor are as follows: the nature of park and his work during the games. since contracting with Miles two years translators who are performing work the work in relationship to the employer’s Representative Edmonds commented ago. under language service agencies from business; the extent of the employer’s that an associate from Deville, France said Kentucky American Water unemployment insurance taxes and right to control the work activity; the the Horse Park is now the finest equine Cheryl Norton, President of Kentucky workers’ compensation taxes. His intent professionalism and unique skill of the facility in the world. American Water (KAW), discussed what was to present the issue in a broad fashion worker; and the true intent of the parties. Responding to Representative the company and its parent company, before it comes to the committee as The exemptions in the Kentucky Workers’ Carney’s question, Mr. Nicholson said that American Water, can do to help economic legislation in 2012. He has worked for the Compensation Act are in KRS 342.650 and each equine event participating at the park development in the area. Ms. Norton past ten years in sponsoring legislation an employee is defined in KRS 342.640. makes provisions for veterinary services gave an overview of the company and its regarding this issue, which has passed In response to questions from per park requirements, and that there are history. KAW, with approximately 150 in Oregon, New York, and state of Senator Harris, Commissioner Lovan said top veterinary hospitals near the park. employees, provides water and waste water Washington. generally, a subcontractor who owns his Department of Travel and services to approximately 500,000 people Interpreters and translators are or her own business and does business

THE KENTUCKY GENERAL ASSEMBLY 25 for different people would be viewed as system, his agency found the employee Secretary Meyer discussed a training percent of construction contractors an independent contractor. Commissioner was working for others but charging the program put into place for employers engage of some form of workplace fraud. Lovan said he could only find one citation agency for time. Mr. Kaufman also felt that which includes two mock hearings. Ultimately, these contractors bypass two years ago for a translation business, the employee had taken a mini fridge from Secretary Meyer indicated that many paying state and local payroll taxes and and the fine was minimal. He did not know the company. The employee threatened employers have a perception of bias in avoid paying workers’ compensation and if it was in regard to in-house employees members of the company. The employee favor of the employee but in reality the unemployment insurance. In 2010, out- or agency interpreters. was awarded UI benefits. After he was employers won 70 percent of the UI cases of-state contractors performed the cleanup In response to questions from Senator receiving benefits, the company saw his in 2011. after significant flooding occurred in Kerr, Ms. Bell clarified that she had been picture in the paper working on the sewer Secretary Meyer said the standard Louisville. The Kentucky Labor Cabinet fined by the Department of Workers’ in Lexington. Mr. Kaufman reported in 1982 was changed to eliminate the recovered over $800,000 in unpaid wages Claims. She said the company paid the this fraud to the UI agency, but nothing requirement of intentional behavior in for primarily immigrant workers who were fine instead of contesting the citation. happened to the former employee. response to Senator Kerr. Senator Kerr treated as independent contractors. The Senator Kerr announced that the Cynthia Bohn addressed three asked if the statute could be adjusted to general contractor in this case was forced committee will meet on November 17, scenarios with the committee. A former deal with people who are doing very little to pay the employees through a payroll 2011 in Frankfort. employee was receiving benefits when work. Secretary Meyer said he would have system which resulted in over $100,000 There being no further business, the Ms. Bohn discovered the employee was to give that issue some thought and look at in taxes being remitted to the local state meeting was adjourned. working. She reported the fraud to the UI how the rulings have been. Secretary Meyer and federal government. The company agency and nothing happened. Ms. Bohn mentioned the trainings for employers that was awarded the bid to complete all Interim Joint Committee also discussed a good employee who offered by UI in response to Senator Kerr. of the drywall work for the Kentucky had to be offered another job because of Senator Stein asked Mr. Kaufman if he Horse Park project in 2009 illegally paid on Labor and Industry the economy and his position was being had prosecuted the employee for theft and its employees in cash. Local contractors Minutes of the 5th Meeting eliminated. He had to become a salesman Mr. Kaufman replied no. Mr. Kaufman could not compete for the bid because of the 2011 Interim and work weekends. He did not want to could not prove the employee had stolen this company was conducting workplace November 30, 2011 take this position. She felt that she should anything. Secretary Meyer indicated fraud. When construction workers are Call to Order and Roll Call not have to pay UI benefits on him since she that unsatisfactory work by itself does misclassified, it undermines Kentucky’s The 5th meeting of the Interim Joint had offered him a good position. Her third not constitute misconduct in response to ability to have a sustainable workforce. Committee on Labor and Industry was scenario involved a current worker who Senator Westwood. Secretary Meyer told Mr. Roberts said contributing factors held on Wednesday, November 30, 2011, has “gone bad.” She has poor production. Representative Stewart that a legislator is to the issue of misclassification include at 1:00 PM, in Room 131 of the Capitol She threatens Ms. Bohn that if she is let allowed to sit in with an employee or an the unfair competition in construction Annex. Representative Rick G. Nelson, go she will get UI benefits. Ms.Bohn feels employer at a referee hearing. contracting, which may result in Chair, called the meeting to order, and the she is stuck with a bad employee because Employee Misclassification in the willingness to take the risk to violate the secretary called the roll. she would still get UI benefits. Construction Industry in Kentucky law, and the high rate of unemployment in Present were: Steve Bowlds stated that his Larry Roberts, Director of the Kentucky and the Nation resulting in more Members: Senator Alice Forgy business averaged about 15 employees. Kentucky State Building and Construction legal workers and immigrant workers Kerr, Co-Chair; Representative Rick He had some positive dealings with the Trades Council (KSBCTC), addressed the who may be willing to be classified as G. Nelson, Co-Chair; Senators Denise UI agency, but had noticed a shift in the committee on the issue of misclassification independent contractors and paid in cash Harper Angel, Jerry P. Rhoads, Tim agency’s attitude. Mr. Bowlds felt there in the construction industry. Mr. Roberts regardless of the circumstances. Shaughnessy, Kathy W. Stein, Katie Kratz was a shift towards a bias for employees. stated that in the spring of 2005, a study Michael Kelsay, Ph.D., and James Stine, Jack Westwood, and Ken Winters; Mr. Bowlds asked for fairness in hearings in Massachusetts looked at the economic Sturgeon, Ph.D., of the Department of Representatives John A. Arnold Jr., Will and to have documentation of misconduct impact of misclassification in the Economics at the University of Missouri Coursey, C. B. Embry Jr., Bill Farmer, to be considered by the hearing officers. construction industry and reported one - Kansas City compiled a study based Wade Hurt, Joni L. Jenkins, Thomas Mr. Ross stated that he had been told that in seven employers was misclassifying upon data retrieved from the audits of Kerr, Adam Koenig, Mary Lou Marzian, he could not have an attorney at the UI employees. In 2007, the governmental unemployment insurance agencies as Charles Miller, Terry Mills, Michael J. hearing. accounting office estimated that there required by the United States Department Nemes, Tanya Pullin, Tom Riner, and Jim Secretary Joe Meyer addressed were 10 million independent contractors of Labor. For the years 2007 through Stewart III. the committee and attempted to address in the United States, reflecting an 2010, the Kentucky unemployment Guests: Representative Susan the issues brought by the employers. increase of 2 million over a six year insurance audits found on average Westrom; Ben Kaufmann, Ben C. Secretary Meyer discussed misconduct of period. In a case of true misclassification, 26.4 percent of construction employers Kaufmann Agency; Cynthia Bohn, an employee and how it can disqualify an an individual is not an independent misclassified workers. This translates President, Equus Run Vineyard; Steve individual from receiving unemployment contractor but is an employee under the to approximately 2,800 construction Bowlds, President, D-C Elevator Co.; benefits. In many instances, the direction of an employer, who completes employers in Kentucky. In 2007, the Reni Ross, D-C Elevator Co.; Joe Meyer, disqualification of an individual depends work with the employer’s tools, maintains study identified 1,488 misclassified Secretary, Education and Workforce on how the evidence is presented. It no investment, and no chance for profit workers. In 2010, at an increase of 113 Development Cabinet; and Larry Roberts, is decided on a case by case basis. In or loss on the job. Mr. Roberts said that percent, 3,010 misclassified workers were Director, Kentucky State Building and many instances, employers do not have misclassification does not occur only in identified for all industries. Of the five Construction Trades Council. sufficient evidence to prove misconduct residential construction, but in industrial, sectors audited, Health Care and Social LRC Staff: Linda Bussell, Adanna of an employee. commercial, public works construction, Assistance, Retail Trade, Professional Hydes, Carla Montgomery, and Betsy Secretary Meyer indicated the statute and projects of all sizes. Scientific and Technical Services, Other Nickens. requires that the employer has the burden Mr. Roberts said during the 2008 Services and Construction, the number The minutes of July 21, 2011, of proving misconduct and the agency is General Assembly, a gentleman described of misclassified workers is substantially September 13, 2011, and October 20, 2011 required to follow the standard spelled out the business model of a North Carolina higher in the Construction sector than in meetings were approved by voice vote. by statute. While the appeals process is company operating in Kentucky, Precision other industries. Unemployment Insurance/ informal, the burden of proof must be met Walls. This testimony was presented Mr. Roberts stated that the studies Employee Misconduct by the employer and many fail to meet that before the House Committee on Labor and by Dr. Kelsay and Dr. Sturgeon show that Representative Westrom addressed burden. There is a current case before the Industry. The employees of Precision Walls Kentucky suffered a minimum loss of over the committee on the importance of Supreme Court of Kentucky that appeals a were designated as independent contractors $6 million per year as a result of income small businesses in the Commonwealth. Court of Appeals ruling in which the court who conducted the construction. The tax that was not paid, a loss of $5 million She stated that many small businesses ruled a person with excessive tardiness is independent contractors received cash for in workers compensation premiums are frustrated with the unemployment not guilty of misconduct. their work. In 2009, Precision Walls was and $1.75 million in unemployment insurance (UI) system and should not Secretary Meyer said that employers the subcontractor on the Kentucky Horse insurance, which is based only on those be forced to bear the burden for bad have an absolute right to the assistance Park Indoor Arena. employers who issued 1099 forms to their employees. Even though an employee of attorneys at any time during the UI Mr. Roberts presented a video misclassified independent contractors. was guilty of misconduct, the employee appeals process. The agency has expanded which described two particular cases Recommendations from the study include, still received UI benefits. Ben Kaufman, the referee staff and cut the delay of cases of workplace fraud. Workplace fraud increase the targeted audits on problem insurance agency owner, stated he had a from six to eight weeks to three to four occurs when employers misclassify their employers, develop meaningful penalties, small business that has approximately five weeks. Secretary Meyer also said that employees as independent contractors by encourage collaboration between labor, employees. He stated every time he was remanded cases get priority. providing them with a 1099 form instead revenue, workers’ compensation and forced to let someone go, the employee In July, a pilot project was started of a W-2 for employees, or by paying unemployment insurance entities, and still received UI benefits. He stated that to eliminate elements of surprise for the with cash in lieu of withholding taxes. A expand educational outreach amongst his head maintence person had been with employer and employee by requiring the recent study of Kentucky’s construction employers and employees. Mr. Roberts him for eleven years. Through a GPS exchange of information prior to hearings. industry found that approximately 25 said on behalf of Dr. Michael Kelsay, he

26 2011 Interim LEGISLATIVE RECORD would be available to further discuss the and Construction; Bryan Alvey, Kentucky solar photovoltaics (PV). The school will leaving many officials to decide between studies before the committee. Farm Bureau; and Dan Walton, Labor not have utility bills so that money saved raising taxes, cutting basic services and/ In response to questions from Cabinet. can be used for teaching and learning. or personnel to pay for the mandated Representative Kerr, Mr. Roberts said LRC Staff: Mark Mitchell, Joe Solar photovoltaic power costs have increase. administrative changes may be effective Pinczewski-Lee, John Ryan, Jessica fallen below 20 cents per kilowatt hour Cities contribute a rate of 18.96 in order to increase the number of required Causey, Tom Dorman, Bryanna Carroll, (kWh). When factored over 25 years, the percent for non-hazardous and 35.76 audits conducted and in encouraging and Cheryl Walters. lifecycle cost for solar PV power, without percent for hazardous to the retirement collaboration between entities. Certain Approval of Minutes any incentives, is approaching the cost for system. These rates have doubled since confidentiality issues or restrictions Upon the motion of Representative conventional power. This is the fixed cost 2004. If the rates increase as projected by may become apparent in the sharing of Henderson, seconded by Senator Jimmy for the power for the next 25-plus years. KRS actuaries, KLC estimates that the new information. Classification under common Higdon, the minutes of the September 28, Solar water heating delivers energy in the CERS rates will cost cities around $17.5 law applies to unemployment insurance, 2011 meeting approved. range of 6 to 11 cents/kWh, when factored million in FY 2013. This is in addition workers’ claims, and revenue. The statutes Discussion of Solar Energy Issues over the 25-year life of the equipment. to the $17 million increase endured last and regulations of employment law are relating to Local Governments This is the fixed cost for the power for fiscal year. Without reform, the rates are within KRS Chapter 337 which the Labor Denis Oudard, Project Manager the next 25 years. Solar energy systems projected increase each year by similar Cabinet enforces. Legislation that did not of Kentucky Solar Partnership, told the are proven to provide effective security amounts at least through FY 2030. pass through both chambers in 2008 may committee that active solar systems can against rising energy costs. Lawmakers must balance the be revised to evaluate penalties incurred be distinguished into two large categories: Twenty-nine states have Renewable need for long-term financial stability in by employers who misclassify. thermal and electric. They work similar in Portfolio Standards driving the the retirement system and short-term In response to questions from Senator that they both capture energy and that is development of their renewable energy affordability for cities that pay the bills for Rhoads, Mr. Roberts said there is often no done with collectors in the case of thermal. industries. Kentucky has no such state these benefits. KLC will seek retirement record of an employee when the person After the energy is captured it must be policies. reform legislation that will: (1) adopt a has been paid in cash or a 1099 form has stored, and most of the time it is stored in Referring to Richardsville defined contribution or hybrid plan for all not been filed and therefore there is no the form of hot water in a storage tank. Elementary School, Representative new employees, while leaving existing payroll to audit for workers’ compensation The use of thermal solar energy is Richards commented that Warren County employees in a defined benefit plan; (2) purposes. Worker compensation carriers very simple. Domestic hot water is the Schools were able to do this because they establish an 80-85 percent full funding may be liable for premiums not paid on typical use of solar hot water systems, but received a grant from the state and federal standard, which is considered fiscally employees who have sustained an injury it can be used for heating and to warm or government. The school was able this sound by actuarial standards; (3) make on the job and are ultimately determined cool green houses. The heat can also be summer to sell electricity back to TVA adjustments to automatic cost of living to be employees, not independent used to dry or dehumidify locations. because it was generating power when the increases to retirees; and (4) implement contractors. After solar electricity is captured, it school was not in session. reasonable changes to the health insurance In response to questions from can be stored or sent directly onto the grid. Representative McKee commented benefit structure, which will address Representative Pullin, Mr. Roberts said Batteries are the typical storage devices that solar fence panels are being used in some of the ongoing increases in costs in the workplace fraud case of Precision for electricity, but there are many ways to agriculture. to the retirement system. Cities, counties Walls, $300,000 in wages was recouped store electricity. In response to a question from and other employers, including state through litigation, the company agreed to There are new uses for electricity Representative Wayne, Mr. Oudard replied government, need reform passed this a six month debarment and would not to that are currently being developed such as that the reason the net metering law has session that will provide both long-term subcontract for a year,. Precision Walls is the electric car. not been expanded is because there was stability for the system and immediate no longer operating in Kentucky, but may Regarding solar economics, the fear about four or five years ago that solar, relief to the employers who must pay the be considered for jobs in the future. By the return on investment of a solar system is because of its intermittencies--being on required contribution rates. model procurement code, companies up going to depend on many aspects. The cost during the day and off at night. That fear The second issue of importance on for bids are required to divulge information of the alternative source of electricity is a has been proven unfounded. KLC’s legislative agenda is drug abuse. and the owner is supposed to determine major aspect of return on the investment Mr. McDonald commented that Almost every city official in Kentucky has the legitimacy of the subcontractor. since you have to compare the costs of utilities should be talked to prior to the first-hand knowledge of how drugs have There being no further business the the solar electricity with the cost of the 2012 session. harmed his or her community. Citizens meeting adjourned. electricity that is already being produced In response to another question from ask officials for help finding treatment in the environment. Maintenance costs Representative Wayne, Mr. McDonald programs for loved ones. City police Interim Joint Committee are very low, and taxes and incentives are said the utilities should take advantage of officers must focus tremendous resources crucial. Arizona only gets 44 percent more solar energy. to pursue drug crimes. City officials have on Local Government sun than Kentucky. In response to a question from Senator also seen how drug abuse affects the Minutes of the 4th Meeting The cost of solar electricity is Seum, Mr. Oudard said it is economically local economy through absenteeism, lost of the 2011 Interim decreasing, while most other sources’ beneficial for an individual or government productivity and increased use of medical October 26, 2011 costs are increasing. One day, the cost of entity to install solar energy without a and insurance benefits. Many city officials Call to Order and Roll Call solar power will equal market costs for grant. Solar energy should be installed as have also been told by local businesses The fourth meeting of the Interim the energy sources. After that it will be an investment. that they struggle to find employees who Joint Committee on Local Government cheaper than other sources. In response to another question from can pass a drug test. was held on Wednesday, October 26, As of August, 2011, an estimated Senator Seum, Mr. Oudard said it was The negative impact on the quality 2011, at 10:00 AM, in Room 171 of the 100,237 people across the U.S. were cheaper to install solar energy on new of life in Kentucky cities is far reaching Capitol Annex. Representative Steve classified as “solar workers,” a 6.8 percent structures. and it is certainly not just an issue for the Riggs, Chair, called the meeting to order, increase since August, 2010. Senator Thayer announced that the abuser alone. City governments serve as a and the secretary called the roll. Examples of local government and next meeting of the committee would be front line defense for citizens, and because Present were: solar energy are street lights, schools, November 30th and that KACo has been of this role, cities absorb the trickle-down Members: Senator Damon Thayer, affordable housing, municipal utilities, invited to present their legislative agenda social, criminal and fiscal consequences of Co-Chair; Representative Steve Riggs, Co- prisons, and transportation. for the 2012 session. drug abuse. Chair; Senators Jimmy Higdon, Gerald A. Recommendations to amend the Presentation of Kentucky League To address this top priority, KLC Neal, R.J. Palmer II, Dan “Malano” Seum, net-metering statutes and a Clean Energy of Cities’ (KLC) Legislative Platform seeks legislation that will: (1) require and Johnny Ray Turner; Representatives Opportunity Act will be made to the for the Upcoming 2012 Session of the strict state oversight of pain management Julie Raque Adams, Ron Crimm, Ted General Assembly. General Assembly facilities; (2) require any medical provider Edmonds, Richard Henderson, Brent Andy McDonald, Director of Mayor Susan Barto, City of Lyndon who prescribes narcotics to participate in Housman, Adam Koenig, Stan Lee, Kentucky Solar Partnership told the and KLC First Vice President, told the the Kentucky All Schedule Prescription Tom McKee, Michael Meredith, David committee that Richardsville Elementary committee that the League’s number one Electronic Reporting (KASPER system). Osborne, Jody Richards, and Jim Wayne. School in Bowling Green, Kentucky is issue on its legislative agenda was County In addition, KLC supports federal and state Guests: Mayor Susan Barto, Mayor America’s first net-zero energy school. Employees Retirement System (CERS) legislation to create an interstate compact Tom Bozarth, J.D. Chaney, Bert May, The school opened in August of 2010, and reform. On November 17, the Kentucky for prescription drug monitoring; and (3) and Tony Goetz, Kentucky League of has 72,285 square feet. It was designed Retirement System’s (KRS) Board of require a prescription for the purchase of Cities; Denis Oudard, Solar Energy to use 75 percent less energy than the Trustees will set the employer contribution pseudoephedrine. Solutions; Andy McDonald, Kentucky average Kentucky school, and will meet rates for cities, counties and other members Mayor Tom Bozarth, City of Midway Solar Partnership; Ron Wolf, Associated its annual electricity needs with solar of the CERS. Unfortunately, projections and KLC Second Vice President, told General Contractors of America; Dawn photovoltaics. The project cost per square indicate that the rates are likely to increase the committee that the League’s third Bellis, Department of Housing, Buildings foot was lower than the state limit for new dramatically again. Unlike the state, cities legislative agenda item was revenue issues school construction including the cost of have no choice but to pay the full amount, and city classification. Cities continue

THE KENTUCKY GENERAL ASSEMBLY 27 to struggle with restrictions based on a sharply increase the fee on the remaining issue, the restaurant tax, and the public Senator Thayer announced that this century-old classification system, which landlines or supplement 911 services with safety requirements. would be the final meeting of the interim. includes over 400 laws that affect public general fund appropriations. To address Senator Thayer commented that he Approval of Minutes safety, alcohol beverage control, and this issue, KLC will: continue to oppose appreciated the fact that the League has Upon the motion of Representative revenue options. any measure that removes the ability of stepped up to the plate and made pension Henderson and second by Representative In 1994, Section 156 of the local governments to impose local fees reform its primary issue. It is his primary McKee, the minutes of the October 26, Constitution was repealed and replaced for the option of 911 services; oppose issue, and he will be filing SB 2 again. 2011 meeting were approved. by Section 156a to authorize the General any proposal that would reduce the total In response to a question from Lexington-Fayette Urban-County Assembly to create classifications of cities amount of state-generated revenue from Representative Wayne, Mr. Chaney said Government Legislative Briefing and as it deems necessary based on population, the wireless fees as it would result in less he believed the CERS return percentage Civic Center Project tax base, form of government, geography, funds coming back to local government for a ten year return was 18 or 19 but that Mayor Jim Gray, Lexington-Fayette or another reasonable basis. The General and their public safety answering points; figure would have to be verified with a Urban-County Government (LFUCG) Assembly has not yet acted to change the and support an increase in the current representative from the retirement system. said that Lexington was not asking for population-based classification system. statewide wireless fee of $0.70 per month Representative Wayne commented money, but was asking for collaboration Mayor Bozarth stated that he has to obtain additional revenue from wireless that there are two issues that need to be and understanding. Lexington is working chaired a task force of city officials phones. addressed: one is the way that investments hard on three areas of urgency: (1) the joint dedicated to studying classification issues. In response to a question from are managed, and the other is the moral, project between Fayette, Jefferson, and 20 The classification task force is composed Senator Neal regarding home rule, Mayor civic, and communal responsibilities that additional counties called the Bluegrass of city officials representing all classes Bozarth replied that KLC feels that city municipalities have to their workers. Economic Advancement Movement of cities, forms of government, and from classification is antiquated and specifically Representative McKee thanked the (BEAM); (2) solutions for its pension all regions of the state. The task force with the issue of the restaurant tax, all League for making drug abuse its number problems; and (3) the Rupp Arena Arts and examined the classification schemes in cities should have the ability to impose a 2 priority and asked that KLC help the Entertainment District. These initiatives other states, and in the end, recommended restaurant tax or be able to do things that legislature in getting legislation passed. are key strategies in the broad themes that the development of a new classification other cities do. Senator Thayer commented that the are at work in Lexington which are to: (1) system that would provide all cities with Representative Riggs commented employees in the private sector need to be create jobs and the conditions for jobs; (2) the same options and powers currently that Kentucky is one of a few states that considered as well. run government efficiently; and (3) create limited to some, and it would largely have a classification system. There being no further business, the a great American city. eliminate many of the mandates that In response to a question from meeting was adjourned at 12:00 p.m. The unemployment rate in Fayette currently apply to only select cities. A Representative Adams regarding the County in September was 7.7 percent. Jobs change in classification should not harm affect of the new classification system Interim Joint Committee were lost in professional, management, any city by placing any mandates not on Jefferson County in particular, and and real estate areas. High income job currently applicable to the city or by how it relates to Louisville Metro and on Local Government losses translate into declining or flat city removing any flexibility or options that the suburban cities, J.D. Chaney, Chief Minutes of the 5th Meeting revenues. are currently available to any individual Governmental Affairs Officer for KLC, of the 2011 Interim BEAM is designed to increase jobs city. stated that there is no bill draft at this time November 30, 2011 in the area. The initiative recognizes some KLC will seek legislation that would and that is something that would have to Call to Order and Roll Call challenges that will have to be addressed comprehensively reform Kentucky’s city be flushed out as the issue developed. The fifth meeting of the Interim including training mid-level workers and classification laws as permitted by Section Representative Koenig encouraged Joint Committee on Local Government research and design workers; combating 156a of the Kentucky Constitution. KLC the League and members of the committee was held on Wednesday, November 30, drug abuse; and making improvements in proposes the creation of two classes of to move forward with the classification 2011, at 10:00 AM, in Room 171 of the the “innovation ecosystem.” cities based upon whether the city is part issue. He stated that compromises were Capitol Annex. Senator Damon Thayer, In response to a question from of a merged government. going to have to be made. Chair, called the meeting to order, and the Representative Simpson regarding The task force concluded that home In response to a question from secretary called the roll. Northern Kentucky’s exclusion from rule for cities have largely removed the Representative Lee regarding contribution Present were: BEAM, Mayor Gray replied that the need for a complex system. The change rates for hazardous employees, Mayor Members: Senator Damon Thayer, Brookings Institute, who has developed would be a monumental undertaking and Barto stated that the city has to contribute Co-Chair; Representative Steve Riggs, a template for models in other locations, it would not be without controversy. The 35.76 percent of the employee’s salary to Co-Chair; Senators Walter Blevins Jr., recommended that Northern Kentucky, in task force also recognized that specific the retirement system. Jimmy Higdon, R.J. Palmer II, Dan terms of economics, was more oriented issues will likely have to be dealt with on In response to a question from “Malano” Seum, and Johnny Ray Turner; with Cincinnati. Mayor Gray noted that an individual basis. Representative Richards, Mr. Chaney said Representatives Julie Raque Adams, he has been meeting with the judges from As a part of this reform, KLC supports his main tenants of a good classification Ron Crimm, Mike Denham, Richard Boone, Campbell, and Kenton Counties expanding the option of implementing system would be (1) minimizing the Henderson, Brent Housman, Adam and are working together to address where a restaurant tax to all cities as a way to complexity by taking the classifications Koenig, Stan Lee, Tom McKee, Michael the project influences Northern Kentucky enhance local revenue flexibility. The down from six to two; (2) extend flexibility Meredith, David Osborne, Jody Richards, and where there are common themes. This restaurant tax legislation should permit all to all cities alike; and (3) eliminate the Arnold Simpson, Kevin Sinnette, Rita is the objective that Lexington intends to cities to consider using the restaurant tax in mandates where possible. Smart, and Jim Wayne. take. lieu of the collection of net profits or gross Senator Higdon commented that the Guests: Mayor Jim Gray, Stan Representative Simpson commented receipts taxes on restaurants. Cities could underfunding of retirement systems is Harvey, and Judy Taylor, Lexington- that he was concerned that Northern retain a maximum of 75 percent of the an often-heard subject during campaign Fayette Urban-County Government; Kentucky would be competing against revenues generated from the restaurant tax season. Last year teachers agreed to Judge John Wilson, Judge Tommy Turner, Lexington and Louisville. He added that (to be used for quality of life expenditures) concessions regarding their retirement Denny Nunnelley, Shellie Hampton, Northern Kentucky wants to work with with a minimum of 25 percent going to system. The changes became about, and Carolyn Belcher, and Tim Sturgill, Lexington and Louisville. local tourism commissions. he saw a report recently that the teachers Kentucky Association of Counties; Dawn Senator Thayer commented that The fourth issue of importance on went from three billion to one billion in Bellis, Department of Housing, Buildings, he and Representative Riggs attended a KLC legislative agenda is the 911 funding their unfunded liabilities in just that short and Construction; Vince Lang, Kentucky meeting with Mayor Gray, Mayor Fisher shortfall. Local governments have the period of time. He did not know if that County Judge/Executive Association; from Louisville Metro Government, ability to assess fees for 911 service on model would work for CERS, but it would Richard Tanner, Kentucky Magistrates Judge Pendrey from Campbell County, land based telephone lines while the be good if KLC and people in the system and Commissioners Association; Jerry Judge Arlinghaus from Kenton County state sets, collects and distributes the 911 would help with a solution instead of the Wagner, Kentucky Sheriff’s Association; and Judge Moore from Boone County as fee for cellular phones. The decline in legislature mandating it. Ron Wolf, Associated General Contractors a first step toward more commonality and popularity of landline telephones has left Senator Higdon noted that he has of America; William May, Kentucky cooperation between the three important many local governments with decreasing filed the pill mill legislation again and County Clerks Association; J.D. Chaney, regions of the state. The micropolitan/ revenues to support ever more expensive hopefully it will get passed early in the and Tony Goetz, Kentucky League of metropolitan issues that are becoming 911 services. To further complicate the session. Cities; Jim Thompson, Education and more prevalent in Kentucky were issue, anecdotal evidence shows that Senator Thayer stated that there is Workforce Development Cabinet; Dan discussed. The micropolitan/metropolitan as cell phone usage increases and these no doubt that the reclassification system is Walton, Labor Cabinet; and Phillip areas themselves were also discussed, for cell phones are more accessible to more broken and does not work. It makes sense Hedrick, Boyd County Attorney. example, the City of Bowling Green. These people in emergencies, the demand on 911 to simplify it but the four big issues that LRC Staff: Mark Mitchell, Joe gentlemen are committed to working with services has increased. are going to have to be dealt with before Pinczewski-Lee, John Ryan, Jessica the General Assembly on issues that are The 911 funding shortfall has a bill can move forward is the collective Causey, Dave Nicholas, Bryanna Carroll, important to those regions. An invitation forced several cities and counties to bargaining aspect, the alcohol and liquor and Cheryl Walters. was extended to all five of those gentlemen

28 2011 Interim LEGISLATIVE RECORD to come before the committee at any time, actually getting far more for the city for less County Judge/Executive and President through the process and was glad to see and it was suggested that one of the next money than a new arena would cost. There of KACo, first explained KACo’s they were on board with it. He added that steps they take is to meet with the regional are four steps to changing the Lexington legislative committee process. Each he stands ready to help them. caucuses. Center and Rupp Arena: (1) finalize task affiliate organization of KACo has one Representative Lee commented that Representative Riggs stated that force recommendations; (2) secure state vote on the legislative committee. There constables were used quite a bit in Fayette LRC has approved the creation of a and private sector support; (3) create are ten affiliate organizations: Kentucky County and would not want that to come new subcommittee that will deal with business plan and solicit consultants; and Circuit Clerks Association, Kentucky to an end. metropolitan issues. Senator Thayer (4) begin design and engineering. Commonwealth Attorneys Association, In response to a question from added Chairman Riggs and himself will be Regarding Lexington’s workforce Kentucky Coroners Association, Kentucky Representative Lee, Judge Turner stated appointing members to that subcommittee needs, Senator Seum commented that he County Attorneys Association, Kentucky that it would be difficult to say exactly in the very near future. noticed in looking at the BEAM Board of County Clerks Association, Kentucky what tax reforms KACo would advocate In response to a question from Directors that there are no public school County Judge/Executives Association, for because a lot would depend on what Representative Wayne regarding why no superintendents on the board. He also Kentucky Jailers Association, Kentucky the state does. That is why the legislature one on the BEAM Board of Directors commented that if something is going to Magistrates and Commissioners and KACo have to work together. has expertise in drug abuse, Mayor Gray be done about the drop-out rate in schools, Association, Kentucky Property Valuation Representative Lee commented that stated that the composition of the board a vocational school system would help Administrators Association, and Kentucky the state cannot afford to wait around any was really focused on private sector because that is where the workers are going Sheriffs Association. In order for KACo’s longer on the issue of retirement. companies and public institutions which to come from. Kentuckians need to be legislative committee to either support Representative Simpson commented have a high level of familiarity with the thinking about a strong vocational system. or oppose legislation, 75 percent of the that he recently attended a Banking and advanced manufacturing challenges. The Mayor Gray stated that at the first board members in attendance must vote to take Insurance Committee meeting and it was full structure of this working enterprise meeting, Al Smith, a journalist and retired that position. stated that the sheriff’s office is no longer will include working committees with host of KET Comment on Kentucky, Judge Wilson next discussed three sending out tax bills to lenders to facilitate special disciplines to address the issues asked “Where are the teachers, where are of KACo’s six legislative issues: (1) the payment of the real estate taxes. In that emerge through the study. the public schools represented, where are KACo and its affiliate members advocate response to a question from Representative In response to a question from the vocational schools represented?” It is for a strengthening of statutory options Simpson, Judge Turner stated that to his Representative Wayne, Mayor Gray hoped that, through this project, Lexington to further regulate the operators and the knowledge, the sheriff is required to send stated that while the BEAM Board of will be able to work strategically on the opening of pain clinics to separate the the tax bill to the entity who is the legal Directors has no union representative, the problem. legitimate practitioner from those seeking owner of the property and as a result the expectation is that a broad representation of Representative Richards commented only quick, illegal financial gain; (2) mortgage company may not be receiving interests through the working committees that he had to speak up for Bowling Green, KACo and its affiliate members advocate it because they are not listed on the deed on the BEAM project will be included. which is the third largest city in Kentucky. a funding stream update for the continued as the legal owner of the property. As a He challenged the characterization of He said he was not opposed to what operations and maintenance of Emergency result, in some cases, the tax bill is going board members being anti-union because Lexington is doing but it needed to be 911 service. KACo awaits the results of to the property owner of record and is there are several of the manufacturing remembered that northern Kentucky is a 2011 SB 119, authorizing a study of all not making it to the mortgage company. institutions represented there that have very important area and western Kentucky public safety answering points and current Jerry Wagner, Executive Director of the organized labor representation, such has been projected to be one of the fastest funding mechanisms in order to proceed Kentucky Sheriff’s Association, agreed as Ford and General Electric. They are growing areas in the state. It is important with legislation; and (3) KACo and its with that assessment. bringing a point of view of the working to connect those two areas as well. affiliate members advocate removing all Senator Higdon commented that he relationship. So it is the full intent to work Representative Henderson statutorily designated powers and duties has filed the legislation regulating retail with labor all across the board. commented that he supports the Rupp from the Office of Constables. narcotics sales again. Judge Wilson stated Representative Denham commented Arena project. In response to a question Judge Tommy Turner, LaRue that KACo stands ready to work with him that as co-chair of the Rural Issues from Representative Henderson, Mayor County Judge/Executive and KACo on that issue. Subcommittee, he wanted everyone to Gray replied that it is premature to say President-Elect, discussed the remaining Representative Henderson remember the rural communities. if there was going to be a potential rate three legislative issues: (1) KACo and its commented that he was opposed to Representative Sinnette commented increase for the attendance of events. affiliate members advocate allowing the KACo’s stance on constables. He said he that Ashland has industrial parks and hard Consideration of Referred provisions of 2008 HB 1 more time to was in favor of there being the option for working individuals who are begging and Administrative Regulations work before making significant changes counties to have constables. looking for jobs. He told Mayor Gray if The committee considered referred to the retirement system; (2) KACo and There being no further business, the he finds situations where a manufacturer Administrative Regulations 815 KAR its affiliate members advocate for local meeting was adjourned at 12:00 p.m. cannot fit in his local area that he would 4:010&E relating to annual inspection and state tax reform to be taken up as look beyond the bounds of those particular requirements and fees for elevators; 815 a whole. With limited options at the Interim Joint Committee areas. KAR 4:025&E relating to the permitting local level and an outdated tax code at Mayor Gray continued his discussion and inspection fees for newly constructed, the state level, much could be done to on Natural Resources by telling the committee that Lexington is installed or altered passenger and freight achieve a more efficient and equitable and Environment facing challenges related to its pension elevators; 815 KAR 4:030&E relating system. State and local governments can Minutes of the 6th Meeting system. The pension system is under to licensure requirements for elevator only make progress toward smarter tax of the 2011 Interim statutory control by the state, but run contractors; 815 KAR 4:040&E relating to laws by working simultaneously; and (3) November 3, 2011 by the local government. The 2008 licensure requirements and fees for elevator KACo and its affiliate members advocate Call to Order and Roll Call legislature changed state administered mechanics; 815 KAR 4:050&E relating for additional funding of jails, enabling The 6th meeting of the Interim systems, but left Lexington police and fire to continuing education requirements for counties to reduce their deficits due to jail Joint Committee on Natural Resources unchanged. Lexington’s pension system renewal, reinstatement, and reactivation of operations and maintenance. and Environment was held on Thursday, is currently underfunded by roughly elevator licenses for elevator contractors Senator Thayer commented that as November 3, 2011, at 1:00 PM, in Room $400 million for retirement and health and mechanics; 815 KAR 4:060&E relating a strong proponent of pension reform, 149 of the Capitol Annex. Representative insurance. Lexington bonded $110 million to the approval of continuing education he does not think there is time for 2008 Jim Gooch Jr., Chair, called the meeting to during 2010 and 2011 with little impact courses and the procedures for becoming HB 1 to work. Kentucky has a $30 billion order, and the secretary called the roll. because of lower than anticipated returns approved elevator continuing education unfunded liability in pension plans and Present were: on investment. A pension task force made providers; 815 KAR 4:070&E relating in talking to local officials in his district, Members: Senator Brandon Smith, up of police, fire, administration, and to fee payments and refunds under the pension costs at the local level continue to Co-Chair; Representative Jim Gooch Jr., community stakeholders are working to Kentucky Elevator Safety Act; 815 KAR cut into the dollars that they have available Co-Chair; Senators Joe Bowen, Ernie find compromises and solutions. Mayor 7:120 relating to the Kentucky Building to provide the services that constituents Harris, Ray S. Jones II, Bob Leeper, Gray asked that as the legislature deals Code; and 815 KAR 8:007 relating to the receive. But he does understand the Katie Kratz Stine, Robert Stivers II, with reforming state retirement systems Board of Heating, Ventilation, and Air challenge KACo has in reaching a 75 Johnny Ray Turner, and Robin L. Webb; that it remembers Lexington. Conditional Contractors budget review percent threshold on a very controversial Representatives Hubert Collins, Stan Lee, Mayor Gray told the committee that and responsibility. Senator Thayer stated issue and respects its position. Marie Rader, John Short, Kevin Sinnette, Lexington is considering changes to Rupp that a written report of the review will be Representative McKee commented Fitz Steele, Jim Stewart III, and Jill York. Arena and will have a decision from a submitted to the LRC. that KACo presented a very precise Legislative Guest: Representative task force assisting with the process at the Presentation of the Kentucky legislative agenda. He was not sure how end of January. The new feasibility study Association of Counties Legislative many of those goals the legislature could about the future of Rupp Arena shows Platform for the Upcoming 2012 Session actually accomplish though. that it is still very possible to retain the of the General Assembly Representative Koenig complimented extraordinary energy of Rupp Arena while Judge John Wilson, Garrard KACo for getting the constable issue

THE KENTUCKY GENERAL ASSEMBLY 29 Fred Nesler. CCRs as a nonhazardous waste that must there will be new regulatory controls Guests: Bruce Scott and Tony be disposed of in permitted landfills. over the waste. The main difference in Interim Joint Committee Hatton, Energy and Environment Cabinet; All state waste management directors the two notices is whether CCRs will George Siemens and John Voyles, LG&E; agree there should be more regulatory be treated as hazardous. If CCRS are on Natural Resources Kim Nelson, Kentucky Coal Association; management of CCRs but not declare it deemed hazardous then it would remove and Environment Danny Gray, Charah, Inc.; and Dr. Jon a hazardous waste and prohibit beneficial CCRs from beneficial re-use, increase Minutes of the 7th Meeting Gassett, Mark Mangeot, and Margaret re-use of the product. He noted the federal oversight of CCR disposal sites, of the 2011 Interim Everson, Kentucky Department for Fish legislation would provide improvements and require new financial assurance and December 1, 2011 and Wildlife Resources. and enhancement to regulate CCRs. bonding on permitted facilities. Call to Order and Roll Call LRC Staff: Tanya Monsanto, Stefan Finally, Commissioner Scott stated Mr. Voyles stated that Kentucky has The 7th meeting of the Interim Kasacavage, and Kelly Blevins there will be new requirements on the a beneficial use plan for CCRs. CCRs Joint Committee on Natural Resources Report from the Division of management of CCRs, but the best means have been used in synthetic gypsum, roof and Environment was held on Thursday, Waste Management on the future of accomplishing the new requirements is granules, and mine stabilization. LG&E December 1, 2011, at 1:00 PM, in Room rules governing the disposal of coal through congressional action rather than has had a 40 percent re-use of CCRs; 149 of the Capitol Annex. Senator Brandon combustion residuals executive branch regulation. however, after USEPA’s rulemaking Smith, Chair, called the meeting to order, Commissioner Bruce Scott and In response to a question on whether actions, the beneficial re-use has dropped and the secretary called the roll. Deputy Commissioner Tony Hatton different kinds of coal contain different to 20 percent. In the future, ash ponds Present were: testified on coal construction residuals amount of ash, Commissioner Scott replied will be required to have liners or will Members: Senator Brandon Smith, (CCR). Kentucky deems CCRs as a special that to his knowledge there is no discernable be closed; however it is more likely that Co-Chair; Senators Joe Bowen, Ray S. waste. There are 20 plants, 13 landfills, and difference in the amount of CCR in the CCRs will be disposed of in dry storage. Jones II, Bob Leeper, Katie Kratz Stine, 43 ash ponds in the inventory of regulated different coal types. Commissioner Scott As a state, Kentucky has gone towards Robert Stivers II, and Johnny Ray Turner; sites. There are currently five applications also remarked that there is a permitting new liners and better design of ash ponds Representatives Hubert Collins, Tim for new sites or the expansion of current process for the discharge of runoff from and landfills. There will be a new process Couch, Keith Hall, Stan Lee, Reginald sites. In 2008, there were 42 million tons ponds to control for metal and toxicity in for water ponds which will require liners Meeks, Tim Moore, Marie Rader, John of coal mined and that tonnage produced the environment. and new permitting requirements. LG&E Short, Kevin Sinnette, Fitz Steele, and Jim 10 million CCRs. Of the 10 million CCRs, In response to questions about the would expend $1.2 to $1.3 billion on CCR Stewart III. 46 percent was disposed of in landfills, 34 basis of the newest regulation that caused management. Guests: Drs. Rick Honaker, Andrew percent in ash ponds, and 20 percent in state environmental commissioners Mr. Voyles also noted that there are Walla, Braden Lusk, Tom Novak, and beneficial re-use. to investigate the CCR disposal sites, slight differences in coals based on ash, Kyle Perry, University of Kentucky Commissioner Scott explained that Commissioner Scott responded that there sulfur, external factors which can change Mining Engineering Research; Mr. at the federal level there is an open dump are 39 cases in which the Sierra Club the CCRs produced from its combustion. Johnny Greene, Office of Mine Safety and rule which sets general requirements and has requested hearings on specific sites, Coal ash content can vary from Wyoming Licensing; and Ms. Nina Cornett. performance standards for disposal of and three of those sites were identified coal to Kentucky coal. LRC Staff: Tanya Monsanto, Stefan CCRs. The United States Environmental in Kentucky. Commissioner Scott stated In response to a question about Kasacavage, and Kelly Blevins. Protection Agency (USEPA) determined that the Sierra Club is making a claim that whether the generators can burn coals with A quorum being present Chairman CCRs are not hazardous waste; however, the management of CCRs at those sites different sulfur characteristics, Mr. Voyles Smith requested approval of the November in June 2010 USEPA issued two different constituted a damage case. If the claim responded that plants can burn high sulfur meeting minutes. After a motion made by notices of proposed rulemaking under is successful, USEPA would be forced to coal at ten percent ash and three percent Representative Collins and a second by the federal Resource Conservation and regulate CCRs as hazardous. sulfur. LG&E’s Trimble County plant Representative Meeks, the minutes were Recovery Act (RCRA). One notice was In response to a question about the burns less sulfur coal by permit. approved. under section C and the other under process for developing new federal rules Discussion on coal ash management Presentation from the University Section D. Section D would treat CCRs and whether the process is the same as and reuse by representatives from of Kentucky Mining Engineering as a hazardous waste and at the time the in the state of Kentucky, Commissioner Charah, Inc. Research Program notices were issued, it appeared USEPA Scott replied that federal rule changes Mr. Danny Gray, president of Charah, Dr. Rick Honaker gave an overview would treat it as a hazardous waste. and administrative regulation changes Inc., a coal ash recycling company based of the program’s scholarship and USEPA then created a new section “C” are the same in that each undergoes a in Louisville, handles ash in 23 states. research. Dr. Honaker noted that a 2002 approach. If CCRs were treated as a fixed process of development, review Mr. Gray explained that CCRs include fly study recommended the nation’s mining hazardous waste then disposal would and approval. However, the rulemaking ash, bottom ash, gypsum, and slag. Each industry needed 300 new mine engineering be treated very differently from how it process at the federal level is very one of those residuals is slightly different. students, but at that time there were only is currently handled. It would force all complex and cumbersome. Commissioner CCRs can be used in wallboard, cement, 75 students. In response to that national waste to be landfilled. Ash ponds would Scott explained that the Congress does not and in forage crops. CCRs are a high need, the Kentucky General Assembly be removed, and it would stop beneficial oversee rule development. volume waste, and Mr. Gray cautioned provided $1.3 million in scholarship re-use of CCRs. In response to a question on that approximately 140 million customers money to the University of Kentucky’s After the first notices, many states whether coal ash was fed to livestock, will stop using CCR recycled products mine engineering program between 2008 responded that the non-hazardous approach Commissioner Scott said no. However, as a result of CCRs being deemed a and 2012. The mine engineering program under section C was poorly detailed. Commissioner Scott noted that research hazardous waste. There is a stigma with also has received additional private funds Several agencies including Kentucky’s is currently being done using CCRs in the designation. There are strict ASTM from major coal and mineral companies. environmental protection agency, the gardening, and it could be considered a standards for re-use of CCRs. The total amount of scholarship money Environmental Commission of States, beneficial re-use. In response to a question about the available in 2012 will be approximately and state environmental commissioners In response to a comment on the different types of residuals, Mr. Gray $2.3 million consisting of both public and submitted comments on the notices breadth of ways CCRs are used by explained that when coal is combusted private dollars. asking USEPA to address CCRs as a non- industry, Commissioner Scott agreed that some particles are heavier and fall to the hazardous waste. All fifty states agreed that CCRs are used in bioconversion and road bottom of the boiler. Bottom ash is coarse Dr. Honaker described the recruiting the section C approach was more desirable construction materials. Those materials and falls to the bottom of the boiler. Fly process and the test scores required for than deeming CCRs as a hazardous waste. can save up to $6 billion per year for the ash is a fine, powder-like residual that admittance into the mine engineering There also was concern about the science state of Kentucky. CCRs can also prolong goes out with exhaust. Potted gypsum is program. The mine engineering program and methodology that compelled USEPA the life of concrete. beneficial to agriculture as a replacement receives approximately 180 applications, initially to deem CCRs as hazardous. Presentation from electric utilities for soil sulfur. but the incoming class is only 60 In October, USEPA issued a new regarding coal combustion residuals students on average. Graduate placement regulation that predicated on suspected and utility concerns about the future Representative York commented is 100 percent with full time salaries mismanagement of CCRs across the nation regulation of coal ash ponds that CCRs are useful in concrete and will beginning at $65,000. There are summer which prompted each state to investigate Mr. George Siemens and Mr. John reduce other natural resources which are internships available with pay starting their CCR disposal sites. Commissioner Voyles, representing Louisville Gas and required to be mined. at $18 to $28 per hour. The University Scott noted that investigation did not Electric (LG&E), presented electric utility of Kentucky is the fastest growing and disclose reasons for Kentucky to be concerns about future regulation of CCRs. In response to a question about largest mine engineering program in the concerned about its CCR sites. Congress Mr. Voyles discussed the dike failure at where the recycled products from CCRs nation. Students come from all regions passed House Resolution (HR) 2273 and the Kingston, Tennessee coal ash pond, are used, Mr. Gray replied that CCRs are a of Kentucky, from other states, and from Senate Resolution (SR) 1751. Each is and he believed that a ruling on that commodity that Charah, Inc. does export other countries. Dr. Honaker described supported by waste management directors dike failure may come in 2012 or 2013. to Panama and Puerto Rico. student ACT scores and briefly profiled across the nation. Commissioner Scott Regardless of whether USEPA deems There being no further business the the incoming program academically. A stated that this legislation would treat CCRs as hazardous or non-hazardous, meeting was adjourned at 2:30 pm. student stays in the program 4.5 years in

30 2011 Interim LEGISLATIVE RECORD order to graduate and must complete the on Kentucky’s mining industry and Senator Stivers stated that if an of the October 26 meeting were not 50 credit hour mine engineering schedule Kentucky’s accident and safety record. individual can show a trespass and approved. of classes. Kentucky has approximately 19,000 coal identify the property boundaries of the Subcommittee Report In response to a question regarding miners. At the end of November, there property then there is a basis for a lawsuit. Senator Thayer, Co-Chair of the the number of freshmen and sophomore were 454 licensed coal mining operations However there are many situations of Task Force on Elections, Constitutional students in the program, Dr. Honaker in Kentucky. Kentucky has the most multiple heirs and improper boundaries. Amendments, and Intergovernmental replied that oftentimes freshmen to mines of any state in the country. There In those timber theft cases where there Affairs, reported on the November 15, not earn enough credits to graduate to are 267 surface mining operations and is a diminution of property and loss of 2011, Task Force meeting. The report was sophomore status, and some students drop 187 underground mining operations. Mr. timber, the victim can recover with treble accepted as read, upon motion by Senator out of the program altogether. Greene explained that underground mines damages, and most attorneys will take the Thayer. In response to a question about the require four regular inspections and two case on a contingency basis. Administrative Regulation Review where prospective employers are located, electrical inspections each year. Surface Ms. Cornett responded that treble The agenda included review of the Dr. Honaker replied that the companies mining operations receive two regular damages will only be on what is called following administrative regulations employing mine engineering students inspections annually. There are twelve “stump value.” That is the value of the that were referred to the Committee on are located in Kentucky, West Virginia, mine rescue teams in the state. The Office timber brought to the mill. The stump November 2, 2011, pursuant to KRS Pennsylvania, Wyoming, Northern and of Mine Safety and Licensing (OMSL) value is substantially lower than what Chapter 13A: Central Appalachia, Tennessee, Illinois, have 174 employees, and 154 of those the timber might sell for at another time. PERSONNEL BOARD: 101 Virginia, Utah, Florida, Colorado, New employees work in district offices across Treble damages on a low stump value are KAR 1:375 (Employee grievances and Mexico, and Arizona. Also, Dr. Honaker the state. not adequate compensation. complaints) noted that there are mining engineering Representative Collins noted that PERSONNEL CABINET: 101 programs at Virginia Tech, Penn State, Mr. Greene expressed disappointment absentee landowners have been forced KAR 2:046 (Applications, qualifications Montana Tech, the Colorado School of that there have been eight fatalities in into tough circumstances with the theft of and examinations); 101 KAR 2:056 Mining, and the University of Alaska. the Kentucky in 2011. Accidents happen timber and copper. (Registers); 101 KAR 2:105 (Sick leave In response to a question about the for two reasons: unsafe conditions and sharing procedures); 101 KAR 2:106 amount of money raised by the Friends unsafe acts. Mr. Greene gave a complete Ms. Cornett proposed that the (Annual leave sharing procedures). of Coal license plate, Dr. Honaker replied description of each fatal accident, and Department of Forestry be allowed to Mark Sipek, Executive Director, that the program has received $75, 000 to identified specific changes that would investigate timber theft. In response to Kentucky Personnel Board, and Dinah date. prevent like or similar accidents in the a question about her qualification, Ms. Bevington, General Counsel, Personnel Dr. Honaker and Dr. Andrew Walla future. Mr. Greene explained OMSL is Cornett responded that she is a member Cabinet, briefly explained the regulations. described the Appalachian Research working on draft legislation that will of the Woodland Owner’s Association and There were no questions. Senator Thayer Initiatives for Environmental Science require proximity detectors on continuous has educated herself on the issue of timber thanked the speakers and noted that the (ARIES). ARIES is a research study miners which will help workers know when theft. Ms. Cornett also stated that she is regulations had been duly reviewed by the that examines different spray patterns they are entering an unsafe or hazardous retired from the Department of Defense. Committee. and treatments to reduce ambient dust in area which is commonly referred to as a There being no further business the Regional Mental Health mines. Dr. Walla identified the students “red zone.” Currently, safety analysts are meeting was adjourned at 3:00 pm. Programs—Retirement Issues involved with the study and the funding discussing the importance of red zones Guest speaker was Steve Shannon, support from the National Institutes of with the mining companies. Operators Interim Joint Committee Executive Director, Kentucky Association Health. Dr. Walla concluded that the study should not be in any designated red zone, of Regional Mental Health and Mental findings are important for improving and the company’s failure to comply with on State Government Retardation Programs (KARP), the safety conditions in underground mines. orders to restrict activity in the red zone Minutes of the 6th Meeting association of the Commonwealth’s can result in harsh disciplinary measures. of the 2011 Interim 14 Community Mental Health/Mental In response to an inquiry about Other preventative measures include November 16, 2011 Retardation Centers (CMHCs). Mr. whether the ventilation in mines is discussions to install harnesses in dozers Call to Order and Roll Call Shannon spoke about KARP’s request for improving, Dr. Walla responded that which would provide greater safety in The sixth meeting of the Interim statutory change to allow the CMHCs to ventilation is not perceived as being very rollover accidents. Joint Committee on State Government establish an alternate retirement plan for important. Industry does not recognize In response to a question regarding was held on Wednesday, November 16, new employees hired after July 1, 2012. how significant the topic of ventilation mine rescue training, Mr. Greene 2011, at 1:00 PM, in Room 154 of the He provided a handout to the Committee is today. There is a need for a certified responded that there are twelve state teams Capitol Annex. Senator Damon Thayer, relating to his testimony, which is ventilation expert in each mine. trained by the Office of Mine Safety and Chair, called the meeting to order, and the summarized as follows. In response to a question about Licensing. The most important training secretary called the roll. Mr. Shannon said that the CHMCs whether the research examined different issue is developing a good command Present were: served more than 178,000 persons in spray tips, spray patterns, and surfactants, center. In an accident, the command center Members: Senator Damon Thayer, FY 2010. They employ about 9,000 Dr. Walla responded no. The research being has to provide guidance to a number of Co-Chair; Senators Jimmy Higdon, individuals, and the 14 regional boards conducted now is in the beginning stages, first responders and the safety team itself. R. J. Palmer II, John Schickel, Dan include approximately 310 members who but those particulars will be examined at “Malano” Seum, and Johnny Ray Turner; volunteer their time. Through executive a later date. Mr. Green clarified to members Representatives Kevin Bratcher, Dwight order, 13 CMHCs now participate in the Dr. Braden Lusk described historical that Kentucky’s mine rescue teams have Butler, Larry Clark, Leslie Combs, James Kentucky Employees Retirement System coal mine production trends. Coal never competed nationally; although, Comer Jr., Danny Ford, Derrick Graham, (KERS); Pathways, Inc., (Region 10) did production has been decreasing for several Kentucky’s mine rescuers do participate in Mike Harmon, Jimmie Lee, Brad Montell, not elect to join KERS. years, and there is a need to increase competitions as judges. Also clarified that Lonnie Napier, Darryl Owens, Tom Riner, The CMHCs will spend production. Advanced mining research while the mine rescue teams are always Carl Rollins II, Steven Rudy, Sal Santoro, approximately $104 million for retirement is driven by industry stakeholders, but on alert and will respond to requests for John Will Stacy, Tommy Turner, and Brent cost in the FY 2011-12 biennium— improvements in this industry affect assistance outside of the state, Kentucky’s Yonts. equivalent to the annual budget of four the state and the nation. Advanced mine mine rescue teams have never been called Guests: Mark Sipek, Kentucky CMHCs. The additional expense due to research would support mine emergency to respond to an outside emergency. Personnel Board; Dinah Bevington, the increase in the mandated employer and mine technology as well as supplement Timber Theft Personnel Cabinet; Steve Shannon, contribution rate was approximately $12 federal health and safety research. Ms. Nina Cornett addressed the Kentucky Association of Regional Mental million in FY 2011 and is projected at $18 problem of timber theft in Kentucky. There Health and Mental Retardation Programs; million for FY 2012. Each one percent rate Dr. Lusk responded to a question are valuable hardwoods in Kentucky that David Switzer, Kentucky Thoroughbred increase equates to approximately $2.8 about the location of companies that landowners are unable to easily monitor. Association/Kentucky Thoroughbred million for the 13 participating CMHCs, are working to support productivity The Department of Forestry is aware of the Owners and Breeders; Susan Speckert and since June 30, 2006, it increased from improvements by stating that coal problem, but the department is powerless and Greg Lamb, Kentucky Horse Racing 5.89 percent to 19.82 percent. Additional companies are not tied to Kentucky or to enforce theft and only able to enforce Commission; Vince Gabbert, Keeneland increases are anticipated in FYs 2013 and Appalachia. However, the Kentucky Coal water quality rules. Logging violations Association, Inc.; Nelson Clemmens, 2014. Association is active in Kentucky. Most are not prosecuted or investigated in AmWest Entertainment, Inc.; and Terence This escalating unfunded mandate groups are focused on health and safety. Kentucky. Rather logging violations are Meyocks, Jockeys’ Guild. poses a huge risk to the CMHCs and the Report on mine safety by the Office treated as civil claims. Ms. Cornett stated LRC Staff: Bill VanArsdall, Alisha individuals they serve and support. The of Mine Safety and Licensing that if a landowner who is the victim of Miller, Karen Powell, Brad Gross, and large personnel cost hampers the ability Mr. Johnny Greene, Executive timber theft he or she is required to pay Peggy Sciantarelli. to secure competitive grant funding and Director of the Office of Mine Safety and for a land survey and to hire a professional Approval of Minutes has resulted in the loss of grants. The Licensing (OMSL), provided statistics forester to determine the size of the loss. Due to lack of a quorum, the minutes CMHCs are concerned about the ability

THE KENTUCKY GENERAL ASSEMBLY 31 to competitively negotiate with the three Senator Thayer said he is very Kentucky purses, Kentucky tracks, out- parimutuel tax revenue also supports the Medicaid managed care organizations. disappointed that Churchill Downs—a of-state tracks and purses, and ADW state’s General Fund, equine drug research, Service expansions to new markets and major player in the horse racing industry companies. When Kentucky residents bet the Kentucky Standardbred Development service diversification are restricted by and ADW—declined his request to send on out-of-state races via ADW, the state Fund, the University of Louisville Equine having to account for a 20 percent—and a representative to testify before the of Kentucky, KTDF, Kentucky purses and School, and the Higher Education Equine increasing—employer contribution. There Committee. He stated that the growth in Kentucky tracks receive nothing. Likewise, Fund. Due to the movement of wagering is reluctance to hire new staff, salary parimutuel wagering is coming primarily when Kentucky residents bet on races at to facilities that do not participate in the levels have become less competitive, from ADW wagers, which are not taxed Kentucky tracks via ADW, the state and parimutuel tax, KTDF has declined 36.82 and employee benefits such as tuition in Kentucky. Therefore, the amount of KTDF receive nothing. Senator Thayer percent since 2005, and KTA purses have reimbursement are weakened due to the money going into KTDF is decreasing. explained that purses are determined by declined 18.77 percent. escalating KERS contribution. There is a willingness in the General agreement between the race tracks and When Senator Schickel raised The 13 participating CMHCs would Assembly to address this, as evidenced the Kentucky Horsemen’s Benevolent and the question, Mr. Switzer and Senator like to thank the General Assembly for by House Bill 368, introduced in 2010, Protective Association and the Kentucky Thayer explained that in order to know acting in 2010 to include additional and Representative Larry Clark’s House Thoroughbred Association. how much money would be generated by funds for them in the state budget—$2.5 Bill 387, which was enacted in 2011 to The bulk of the ADW companies are taxing ADWs, KHRC must first analyze million in FY 2011 and $3.8 million in require licensing of ADW providers by located in Oregon. In the second quarter of the wagering data reported by the ADWs FY 2012. The budget also provided that the Kentucky Horse Racing Commission 2007, Churchill Downs started receiving that become licensed in Kentucky. When the funding expansion could be used as a (KHRC). Senator Thayer said that he and wagers through its TwinSpires ADW in Representative Harmon asked, Mr. Switzer state match to draw down federal dollars Representative Clark have been discussing Oregon, which had a total handle that year said he does not know whether any federal through the Kentucky Medicaid program. ways to direct a portion of ADW wagers of more than $88.5 million. By 2010, that restrictions apply to taxing of ADWs. Unfortunately, to date, the CMHCs have into purse supplements for Kentucky-bred total increased to more than $405 million. Senator Thayer asked whether KTA not realized any of the additional funding horses. Responding to questions from has an official position on the issue of or an increased match rate in the Medicaid Guest speakers from KHRC were Senator Thayer, Ms. Speckert said that, taxing ADWs, and Mr. Switzer said that program. They are committed to using the Susan Speckert, General Counsel, and to date, no ADWs have yet applied for the organization supports the efforts of appropriation as state match for additional Greg Lamb, Supervisor of Parimutuel a Kentucky license. All have been in Representative Clark and Senator Thayer. federal dollars, and they have been Wagering. They provided a handout contact with KHRC, but the number that Next to speak was Nelson Clemmens, working with the Kentucky Department containing information on sites that will apply is unknown. Once licensed, Chief Executive Officer of AmWest for Medicaid Services to submit the state conduct wagering on Kentucky races, the the ADWs must provide quarterly reports Entertainment, Inc., a simulcast service plan amendment required for an increase division of wagering dollars in Kentucky, to the commission of both the amount of provider founded in January 2004 and in Medicaid rates—which have not and ADW wagering handle and taxation money wagered by Kentucky residents headquartered in Prospect, Kentucky. increased since 2001. in Oregon. Also included in the handout and the amount wagered on Kentucky Mr. Clemmens noted that he is an owner The CMHCs are proposing the KRS were copies of administrative regulation races. Numbers will likely start being and breeder of horses in Kentucky. His 61.520 be amended to treat them the same 811 KAR 1:285 (Advance deposit reported from the ADWs in early summer presentation is summarized as follows. as regional universities, by allowing them account wagering) and the KHRC license 2012. KHRC will have access to any Mr. Clemmens said that AmWest to offer an alternative retirement plan, application for ADW. information that the licensed ADWs file operations are in Portland, Oregon, such as a 401(k), to new hires after July 1, In summary, Ms. Speckert and with other states or the Commonwealth of where most ADWs are hubbed. He said 2012. Their first choice, however, would Mr. Lamb explained that approximately Kentucky. he would welcome KHRC’s embracing be receipt of the previously budgeted 760 sites were conducting wagering When queried by Representative of competitive multi-jurisdictional hub expanded funding. In absence of those on Kentucky races between January 1 Owens and Senator Thayer, Mr. Lamb legislation similar to that developed in additional dollars, the proposed statutory and November 9, 2011. Based on total said that Oregon charges ADWs a daily Oregon, where it brings in a high volume solution would not require a general fund handle (see page 7), five of the top 10 license fee of $200. He said the companies of customers and significant tax revenue. appropriation, would not harm current sites are ADW sites; the TwinSpires are given several options for payment of As a horseman nothing would please employees or KERS, and would provide and TVG ADWs rank third and fourth, tax on gross mutuel wagering receipts. him more than to have strictly on-track both short-term and long-term relief to the respectively, in total handle. 811 KAR When first implemented, the tax rate was customers and wagers, with the stands CMHCs. Without relief, hiring practices 1:285 provides that any ADW operating 0.125 percent of the first $60 million in filled every day; however, with few may be implemented that will exclude new prior to November 4, 2011—the effective gross mutuel wagering receipts during the exceptions, the growing trend in wagering employees from participation in KERS. date of the administrative regulation—has license period and 0.25 percent on receipts is mainly off-track, including simulcast. Representative Lee spoke about the a 60 day period in which to make a license in excess of $60 million. There was a cap of About 90 percent of wagers are now off- need to lower costs so that the regional application, with the deadline being $300,000 for the first year (FY 2006); the track, and about one-third of those are mental health agencies can continue to January 3, 2012. Both TwinSpires and tax then increased in $25,000 increments ADW. provide a safety net for Kentuckians TVG will be able to continue operating for FYs 2007 and 2008. Ms. Speckert AmWest has developed the most in need. He said he hopes the General until completion of the licensing process, said that, by law, KHRC may impose advanced wager pad in the industry, Assembly will address the problem in the but ADWs not operating prior to November a license fee up to $10,000 annually to innovative marketing and promotional 2012 legislative session. 4 cannot begin operating in Kentucky until cover administrative costs, but the annual programs to attract customers, and Senator Thayer said that the issue is licensed. Any ADW that offers its services fee for ADWs will be $1,000, which is the has made a significant effort to bring of importance and worth the Committee’s to Kentucky residents will be required to amount that most states charge. KHRC additional revenue from international consideration. There were no further be licensed. will revisit the fee if annual regulatory wagering into the U. S. market. AmWest questions, and he thanked Mr. Shannon On the list of wagering sites, “Total costs exceed $1,000. is also supportive of taking advantage of for his testimony. Handle” includes the amount wagered both David Switzer, Executive Director of the much larger source of revenue that is Advance Deposit Wagering in Kentucky and on Kentucky races. The the Kentucky Thoroughbred Association enjoyed by other major racing states—that By way of background, Senator $135,490,843 million handle for Churchill /Kentucky Thoroughbred Owners and is, supplements from casino racing. Thayer explained that the Kentucky Downs includes wagering from 36 other Breeders (KTA/KTOB), spoke about Although it is true that interest in Thoroughbred Development Fund (KTDF) tracks around the country. “Commission” the decline of funding for KTDF. The wagering has diminished because of the was established by the General Assembly is the total amount deducted and includes Committee received paper copies of his poor economy, much of the wagering in 1978. It is funded through the state pari- profit to the track, purse money, and PowerPoint presentation, which charts has moved to offshore betting, which mutuel tax on wagers made in Kentucky the parimutuel tax. After deduction of sources and distribution of wagering is primarily being operated by “book and is used to supplement purses for commissions and adjustments, “Runner revenue in Kentucky and the percentage makers” with online sites. These piracy certain races at Kentucky tracks. Only Pay” is the amount paid to the public. decline in KTA purses and KTDF funding operations have become popular and registered Kentucky-sired Kentucky- Currently in Kentucky, if a track is handling from 2005 to 2011. In summary, Mr. have been detrimental to the horse racing foaled horses are eligible to share in fund more than $1.2 million daily, takeout on Switzer said that KTDF differs from similar industry. Since the trend is to wager purse supplements. The fund was created to a win/place/show bet is 16 percent and funds in other states in that non-Kentucky- more on the Internet, AmWest feels that stimulate the demand for Kentucky-breds 19 percent on all other wagers. Senator bred horses may run in KTDF-supported the ADW model has a lot of merit when and to keep them racing in Kentucky. He Thayer noted that approximately 80 cents races. KTDF receives 0.75 percent of applied to horse racing. AmWest is a also explained the mechanics of advance of every dollar wagered is returned in the parimutuel tax from “live on track” Kentucky company employing Kentucky deposit wagering (ADW), which allows winnings. wagers; the fund receives two percent residents and paying taxes in the state and, customers to set up accounts and place Based on a 2009 report to the Governor from live races in Kentucky wagered at hopefully, driving overall handle. The wagers by telephone, text message, or via on the status of racing in Kentucky and its another Kentucky facility (intertrack) company, which is licensed in Oregon, the internet. Several ADW operators are future, KHRC’s informational handout or simulcast wagers made in Kentucky New York, Louisiana, and South Dakota, based in Kentucky—Keeneland Select, included several pie chart graphs to on races outside Kentucky. There is no has interest in making the industry AmWest Entertainment, and Churchill illustrate the portion of wagering money parimutuel tax on ADW bets made by more competitive but has concern about Downs’ Twin Spires.com. that goes to bettors, the state tax, KTDF, Kentucky residents. In addition to KTDF, imposition of additional taxes in an

32 2011 Interim LEGISLATIVE RECORD industry that is already fractured. Mr. developing the necessary market share The last speaker was Terry Meyocks, verified. Clemmens concluded his opening remarks would be significant. Mr. Clemmens said National Manager of the Jockeys’ Guild, James Lewis, Leslie County Clerk by suggesting that racing commissions in that there are probably “30 or so” ADWs and a third generation horseman, who and Chair of the Elections Committee of general need to put as much as possible on in the United States, but only about 12 are signed up to testify. Mr. Meyocks said the Kentucky County Clerk’s Association, a common platform. of significant size. he hopes everyone will work together testified that his organization supports The next speaker was Vince Gabbert, Senator Thayer asked whether it to do what is best to increase purses at efforts to amend the referenda statutes Vice President and Chief Operating Officer would be possible for Kentucky to have Kentucky tracks and that the Kentucky to require more information in petitions of Keeneland Association, Inc. He thanked a hub that could compete with Oregon, General Assembly will do as much as so that county clerks can more easily Senator Thayer and Representative Clark which has only one racetrack and no possible to help the racing industry and indentify valid petition signatures. for their work on behalf of the industry. breeding industry. Mr. Clemmens said horse breeders in Kentucky. Several members of the Task Force He said Keeneland is extremely supportive he believes it would be possible. He Adjournment posed questions and voiced their opinions of KTDF and wishes to cooperate in the thinks Kentucky would be an attractive Senator Thayer said he looks forward and concerns on local referenda petition efforts to garner more information on the location for a multi-jurisdictional hub to working with Representative Clark to requirements. ADW network and find a solution to the and that AmWest would prefer to have develop appropriate legislation, and he The folders distributed to the Task taxing issue. its hub revenue going to Kentucky. He encouraged input from the guest speakers. Force members included a document on Mr. Gabbert said Keeneland is in the said that Kentucky’s racing commission The meeting was adjourned at 2:50 p.m. local referenda petitions generally, as well infancy of its ADW program, Keeneland is very capable and that it could be done as several court documents, news articles, Select, which was launched in August by administrative regulation, since, as Interim Joint Committee and submitted letters relating to the Kenton 2011. He said it is important to understand noted earlier by Senator Thayer, a statute County petition and litigation, copies of that operators of ADW companies bear all is already in place. He added that he is a on State Government which may be found in the Legislative of the overhead, marketing, and staffing fan of regulatory compliance, although Task Force on Elections, Constitutional Research Commission library. costs involved. With state tax structures the involvement of multiple government Amendments, and Intergovernmental Business concluded, and the meeting in mind, Keeneland made the business agencies adds to the burden. The industry Affairs adjourned at 2:40. decision to offer ADW wagering in only needs to compete with the offshore betting Minutes of the 6th Meeting five states—Arkansas, Florida, Kentucky, menace and also be competitive with sports of the 2011 Interim Task Force on the Penal Louisiana, and Ohio. Residents of other betting and other forms of entertainment. November 15, 2011 states, including New York and California, When Senator Thayer asked about impact Call to Order and Roll Call Code and Controlled are not allowed to wager through the on the job market, Mr. Clemmens said The 6th meeting of the Task Substances Act Keeneland Select platform because the fee that a hub in Kentucky would likely Force on Elections, Constitutional Minutes of the 5th Meeting structure would make it nearly impossible bring in hundreds of jobs initially, and the Amendments, and Intergovernmental of the 2011 Interim to realize the necessary volume to derive increased tax revenue could bolster purses Affairs of the Interim Joint Committee on November 21, 2011 any income from wagers. This decision will and make them more competitive. State Government was held on Tuesday, Call to Order and Roll Call be evaluated as the program progresses. Senator Thayer spoke about the November 15, 2011, at 1:00 PM, in Room The 5th meeting of the Task Force on Keeneland is very supportive of on-track importance of making the KTDF logo 171 of the Capitol Annex. Senator Damon the Penal Code and Controlled Substances wagering and during race meets turns off more significant and solicited input from Thayer, Chair, called the meeting to order, Act was held on Monday, November the public WiFi in order to encourage use of Kentucky’s racing industry regarding an and the secretary called the roll. 21, 2011, at 1:00 PM, in Room 171 of the betting windows. As a sales company, appropriate rate to tax ADWs without Present were: the Capitol Annex. Representative John however, Keeneland Select needs to make hurting price competitiveness in the Members: Senator Damon Thayer, Tilley, Chair, called the meeting to order, alternate forms and avenues available for marketplace. Mr. Gabbert agreed on the Co-Chair; Representative Darryl T. the secretary called the roll, and a quorum wagering so that all customers have an need to make the KTDF logo and purse Owens, Co-Chair; Senators Walter Blevins was present. opportunity to participate, as wagers are structure as significant as possible. He Jr., John Schickel, Dan “Malano” Seum, Present were: increasingly being made through phones said Keeneland purses during the 32-day Robert Stivers II, and Johnny Ray Turner; Members: Senator Tom Jensen, Co- and online. The amount of money wagered racing period average about $600,000 Representatives Larry Clark, James R. Chair; Representative John Tilley, Co- through ADWs has continued to grow and daily, whereas daily purses during the Comer Jr., Joseph M. Fischer, Derrick Chair; J. Michael Brown, Tom Handy, represents the greatest potential for growth winter at Turfway Park average only about Graham, Mike Harmon, and John Will John D. Minton, Jr., J. Guthrie True, and in the future. $60,000. Because New York racetracks Stacy. Tommy Turner. Responding to questions from now offer video lottery gaming, purses Guests: Maryellen Allen, State Board Guests: David Wallace, National Representative Clark, Mr. Clemmens said in claiming races at Aqueduct that were of Elections; James Lewis, Leslie County Center for DWI Courts; Larry Chandler, that AmWest is a diversified operation that offered for $10,000-$15,000 a month ago Clerk; and Brian Miller, Executive Vice John Cummings, Shannon Jones, Caroline also has off-track betting facilities and have now grown to $60,000-$75,000. President, Home Builders Association of Mudd, Neeka Parks, and Amanda Spears, offers other industry services. Handle has He said Keeneland would like to be Northern Kentucky. Kentucky Parole Board; Matt Stanton, grown significantly since 2004. AmWest helpful but that he does not have enough LRC Staff: Judy Fritz, Karen Powell, Beam, Inc.; Bob Stokes, Office of the has grown competitively and is now one of information from a business standpoint to Greg Woosley, Bill VanArsdall, and Terisa Attorney General; Marti White, Kentucky the largest ADW providers in the industry. recommend a specific tax rate. Keeneland Roland. Spirit; Bill Patrick, Kentucky Association Routine procedures and controls exceed had record attendance this past fall but still Approval of Minutes of County Attorneys; Marylee Underwood, regulatory requirements, and financial did not meet the $1.2 threshold for daily The minutes of the meeting of Kentucky Association of Sexual Assault statements are made available. He said live handle that would subject the track October 25, 2011, were approved without Programs; Anne Hadreas, Kentucky that he personally supports and benefits to a 3.5 percent tax. He lamented that the objection upon motion by Senator Schickel Equal Justice Center; and Lynn Pryor, from KTDF and is very keen on the racetracks failed to realize the potential and second by Representative Clark. Commonwealth’s Attorneys Association. growth and viability of the horse racing opportunity to place a hub in Kentucky Local Referenda – Overview of LRC Staff: Norman Lawson Jr., Jon industry. He does not recommend specific when legislation passed almost eight years Petition Requirements Grate, Joanna Decker, Ray DeBolt, Jr., percentages or a “silver bullet” but hopes ago. The Task Force discussed the wide and Rebecca Crawley. to provide helpful feedback, as well as his Representative Clark said his first variety of permissible local referenda and The minutes of the October 7, full support. Representative Clark said concern is to capture more money for the their petition requirements. Maryellen 2011 meeting were approved without that, with the baseline handle yet to be industry to enhance purses. He said that Allen, General Counsel of the State Board objection. determined, he and Senator Thayer do not KTDF is needed, but he voiced concern of Elections, gave an overview of local Commonwealth’s Attorneys’ want to over-tax ADWs but want to see that the greater portion of those funds goes referenda categories and some of the Recommendations to the Task Force that a fair share goes to the industry. He to three major horsemen in Kentucky and differing petition requirements. Ms. Allen Chris Cohron, Warren County said that the General Assembly needs and that not all race horse owners are allowed also discussed the specific requirements Commonwealth’s Attorney, and Lynn would appreciate any data and information to participate. Senator Thayer clarified in KRS 147.620 which concerns Pryor, Christian County Commonwealth’s that Mr. Clemmens is able to provide. that Representative Clark apparently the dissolution of an area planning Attorney, presented their recommendations When Representative Clark inquired was referring to the Kentucky Breeders commission. for the 2012 General Assembly. about Keeneland Select, Mr. Gabbert said Incentive Fund, which is funded by the Brian Miller, Executive Vice Mr. Cohron said a serious review that it has a partnership with TwinSpires. sales tax on stud fees that goes directly to President of the Northern Kentucky must be made of the classification of com to share technology and customer successful breeders. He said KTDF would Home Builders Association, testified as felonies and the sentencing structure service. The call center is in Lexington. absolutely benefit “blue collar” horsemen to his organization’s petition under KRS surrounding them. Prosecutors, judges, Responding to questions from that race at Kentucky tracks—particularly 147.620 that was rejected by the Kenton and victims have no realistic concept of Representative Owens, Mr. Gabbert said if the law is changed to permit KTDF County Clerk. Mr. Miller suggested that what kind of parole math is being used on Keeneland Select may be able to accept funds to also support claiming races, as the number of required signatures be defendants once they enter the Department wagers from additional states in the future, was proposed in the Senate version of reduced and clear guidelines provided to of Corrections. The current sentencing but at this time, the costs of obtaining and House Bill 368. county clerks on how signatures should be structure and jail credit scheme makes

THE KENTUCKY GENERAL ASSEMBLY 33 truth in sentencing meaningless and causes within the jurisdiction of the Department Wallace said that, during the early part of 2011, at 10:00 AM, in Room 171 of the misinformation to crime victims. Many of Corrections, amending KRS 439.3406 the program, it is expected that the person Capitol Annex. Representative John have suggested elimination of parole to clarifying the Parole Board’s authority may fail an alcohol test, is then sentenced Tilley, Chair, called the meeting to order, and the parole board and adoption of the to hold hearings relating to violation of pre- to a day in jail, and may require additional the secretary called the roll, and a quorum Virginia system of determinate sentencing. release supervision conditions, limiting counseling. He said if the person continues was present. He also suggested the addition of a Class pre-release supervision to those sentenced to fail testing later in the program, an Present were: E felony, but only if coupled with a third to more than five years, and clarifying the immediate sanction of two days in jail Members: Senator Tom Jensen, Co- classification for felony offenses for effect of nonpayment of restitution on final is imposed. He said short, immediate Chair; Representative John Tilley, Co- parole eligibility purposes. The only two release from supervision by permitting sentences work better than later, lengthy Chair; J. Michael Brown, Tom Handy, classifications for felonies are the 15/20 release even though restitution has not sentences without treatment. He stated John D. Minton, Jr., J. Guthrie True, and percent parole eligibility offenses versus been paid. that Kentucky’s current drug and alcohol Tommy Turner. the 85 percent parole eligibility offenses Mr. True said states that have education programs may benefit a social Guests: Anne Hadreas, Kentucky under KRS 439.3401. The addition of a eliminated parole have experienced drinker but are not effective for a person Equal Justice Center; Lauren-Brooke third felony classification with 50 percent increased incarceration costs even with an alcohol problem. Eisen, Center on Sentencing and parole eligibility offenses should also though sentence lengths were reduced. In Results First Pilot Project Corrections, Vera Institute of Justice. include a limitation on jail credits earned response to a question from Mr. Handy Mike Clark, LRC Economist, LRC Staff: Norman Lawson Jr., Jon while in custody of DOC. about the board’s failure to notify victims discussed the Results First project. This Grate, Joanna Decker, Ray DeBolt, and Mr. Cohron suggested making and prosecutors prior to the release of a model was developed in Washington State Rebecca Crawley. Pseudoephedrine (PSE) available only by person on parole from his county, Mr. to evaluate the potential effects of various Chairman Jensen called the meeting prescription. Cost savings would include Chandler responded they should have program options in criminal justice and to order, and the minutes were approved an enormous decrease in Class B felony received notification prior to the release. other fields. The program has been very by voice vote. Chairman Tilley arrived manufacturing methamphetamine cases. Mr. Handy then asked why a parole effective in Washington and is currently shortly thereafter and assumed the It would virtually eliminate smurfing, and hearing was scheduled for an inmate from being sponsored for adoption in other chairmanship of the meeting. the health care savings for counties and Laurel County who is on death row, and states by the PEW Center for the States. Comments of Chief Justice John the state would be enormous. Mr. Chandler said there was confusion LRC has authorized the Staff Economist D. Minton, Jr. Lynn Pryor, Christian County about the state of the inmate’s appeal of Office to conduct a pilot project for Chief Justice John D. Minton, Jr. Commonwealth’s Attorney, suggested his conviction, and when the situation was the task force to evaluate program indicated he would have to leave the revamping Kentucky’s gang statutes to clarified, the hearing was canceled and options for the upcoming session of the meeting early due to another engagement include a uniform statewide database to should not have been scheduled. He said it General Assembly. The program will use and thanked the General Assembly allow law enforcement to identify and was not unusual for a victim or prosecutor nationwide data on various programs for placing him on the task force as the track gangs and gang-related activities, to be notified of a parole hearing and not and those programs’ levels of success to representative of the Court of Justice. The forfeiture of gang assets, and sentence reply to the board before or at the parole predict how program options might work Chief Justice described the appointment enhancements for gang related crimes. hearing. in Kentucky. as a great learning opportunity and Gang activity is a growing statewide DUI Courts Tara Klute, Chief Operating appreciated being able to present the views problem. Mr. Handy and Mr. True said Matt Stanton, Vice President- Officer, Division of Pretrial Services, of the Court of Justice. The Chief Justice gang activity is not a problem in their Public Affairs and Corporate Social Administrative Office of the Courts, indicated he had reviewed the draft task parts of the state. Responsibility, Beam Inc., and David reviewed statistics on arrests, pretrial force report and was in agreement with Secretary Brown asked if there were Wallace, Director, National Center for release, failure to appear, and other issues and fully supportive of the portions of the any other HB 463 issues the task force DWI Courts, discussed the benefits of following implementation of HB 463. report related to the Court of Justice. needed to consider. Mr. Cohron said implementing specialized DWI courts The data showed fewer persons being Vera Institute of Justice during educational sessions throughout the in Kentucky. Mr. Stanton said the most arrested, fewer persons committing new Lauren-Brooke Eisen, Program state, the most common problem has been dangerous drunk drivers are hard core crimes after arrest and prior to trial, a Associate, Center on Sentencing and widespread misinformation about the bill’s abusers of alcohol or drugs and are significant increase in the release of high Corrections at the Vera Institute of Justice provisions. He suggested prosecutors be responsible for 70 percent of alcohol related risk offenders prior to trial on supervised presented a progress update on Vera’s given access to the KASPER prescription accidents. These persons need actionable release, and a reduction in failures of role assisting Kentucky with the Justice drug monitoring database to assist in drug and measurable programs to address released persons and persons cited rather Reinvestment Initiative Phase II. She prosecutions. Secretary Brown suggested their alcohol problems. Mr. Wallace said than arrested failing to appear for trial described Vera’s role in Kentucky as a delineating the difference between felony Kentucky’s current alcohol education from ten percent to eight percent. Ms. liaison between the Bureau of Justice offenses based on whether the offense programs along with incarceration do not Klute said the Administrative Office of the Assistance and the state in facilitating is one against property or one against a address or correct the person’s drinking Courts will continue to study the impact of the state’s funding request for up to person. Mr. True said the problem of victim problem nor change the person’s behavior. HB 463 and provide continuing data to the $400,000 to implement the justice notification for parole hearings is not a He advocated an evidence-based long task force and the General Assembly. reinvestment portions of HB 463 in problem of lack of statutory clarity. HB term treatment program with immediate Discussion of Final Task Force cooperation with the Administrative 463 calls for implementation of improved sanctions for continued violation of the Recommendations and Next Steps Office of the Courts, Department of victim understanding about sentencing. terms of participation in the program. Representative Tilley said there is Corrections and other state agencies. Ms. Mr. True asked if prosecutors would agree Programs with intensive treatment and general sentiment to continue the task Eisen indicated that a JRI working group to modification of the persistent felony supervision have been proven to reduce force for the 2013 session of the General has been established involving state and offender statutes, and Mr. Cohron said recidivism, but take one to two years to Assembly and to add subjects including local agencies and the courts to set goals prosecutors would only consider this upon yield tangible results. Mr. Wallace said a juvenile law and synthetic drugs to the and identify areas of need for the pass- adoption of determinate sentencing. Mr. person who has successfully completed the mission. The next meeting is scheduled through funding application. Identified True suggested the prosecutors meet with DWI court program is nineteen times less for the morning of December 16 in areas of need include assistance to the the Department for Public Advocacy and likely to recidivate. Participants are placed order to make recommendations to the Department of Corrections in designing a criminal defense attorneys to propose a on intensive supervised probation which Interim Joint Committee on Judiciary that system to estimate savings, assistance in compromise for consideration by the task allows them to continue working and afternoon. Representative Tilley urged implementing evidence-based practices, force. maintain family contact, and are required members to submit their suggestions for working with judges to understand new Representative Tilley suggested the to pay to participate in the program. When the report as soon as possible so it can be policies and training Circuit Clerks and task force look at legislation expanding asked about the use of ignition interlock prepared prior to the meeting. pretrial officers. Several areas of need prohibitions against synthetic drugs and the devices, Mr. Wallace said they might The meeting adjourned at 3:20 p.m. were identified which were beyond possibility of aggregating drug purchases work for the occasional drinker but are the initial funding goals which include to determine the difference between drug less effective for the problem drinker who technology issues at the Administrative dealers and drug peddlers. needs intensive treatment. In response to a Task Force on the Penal Office of the Courts, and implementation Parole Board Recommendations question from Representative Tilley about Code and Controlled of the sentencing information system for to the Task Force requiring the defendant to plead guilty Substances Act victims and others by the Department of Larry Chandler, Kentucky Parole before entering a deferred prosecution Minutes of the 6th Meeting Corrections to be implemented by July Board, and Staff Attorney John Cummings program, he was told no one is doing this of the 2011 Interim 2013. Ms. Eisen indicated the Vera staff suggested increasing the term of Parole at present; the person is found guilty and December 16, 2011 has created data monitoring spreadsheets Board members from four to six years, the sentence is to the program following Call to Order and Roll Call to assist the Administrative Office of the correcting an apparent conflict between conviction. The 6th meeting of the Task Force on Courts and the Department of Corrections KRS 439.355 relating to the inmate risk/ Discussion turned to how the the Penal Code and Controlled Substances in their data collection and monitoring needs assessment and KRS 439.3104, programs operate and what happens if the Act was held on Friday, December 16, efforts. Senator Jensen asked Ms. Eisen if clarifying that supervision of parolees is person does not show up for testing. Mr. she was obtaining the needed information

34 2011 Interim LEGISLATIVE RECORD to which she replied, yes. Mr. Handy asked part of the report details what has been on Thursday, November 10, 2011, at 1:00 is in the new facility, it will have the about funding for the Administrative done to implement the provisions of 2011 PM, in Room 154 of the Capitol Annex. capacity to use a staggering system with Office of the Courts technology upgrade HB 463 and the items of need identified Representative Tanya Pullin, Chair, called multiple classes. and the Department of Corrections during the committee meetings. the meeting to order, and the secretary In response to a question from Chair sentencing information system. Ms. Eisen Specific recommendations include: called the roll. Pullin, Commissioner Brewer stated said additional funding may come from 1. Reform the Penal Code; 2. Reclassify Present were: that KSP has 16 officers deployed in the the General Assembly and an additional offenses and modify the sentencing Members: Senator Jack Westwood, National Guard or Reserves and has had request for federal funds might be made, structure to include new classes of Co-Chair; Representative Tanya Pullin, as many as 24 previously. but the 2013 implementation date for the felonies, the possibility of a new high Co-Chair; Senators Vernie McGaha, Pretrial Services and Veterans Department of Corrections information misdemeanor offense, and adjustments Dennis Parrett, Joey Pendleton, Tim Shane Smith, Pretrial Services website made the request less critical for to parole eligibility for certain offenses; Shaughnessy, Kathy W. Stein, and Mike Officer, Administrative Office of the the present funding request. 3. Modify trafficking in controlled Wilson; Representatives Royce W. Adams, Courts, testified on pretrial services for Results First Pilot Project substances in the second and third degrees Linda Belcher, Tom Burch, Dwight D. veterans. He detailed the number of arrests Mike Clark, LRC Economist, and the aggregation of drug transactions Butler, Larry Clark, Leslie Combs, Ron in each county, how many of those arrests reported on the results of the pilot project to achieve better results. Mr. True Crimm, Bill Farmer, David Floyd, Jeff were veterans, and how many had combat for using the Results First program to indicated that he has concerns regarding Greer, Martha Jane King, Jimmie Lee, experience. Information is used to help evaluate criminal justice and other needs aggregation and urged the task force not Terry Mills, Fred Nesler, Tom Riner, Carl identify veterans who may have issues based on a model from the Washington to include the provisions; 4. Create a Rollins II, Sal Santoro, Rita Smart, and such as post traumatic stress disorder that Public Policy Institute. Mr. Clark indicated generally applicable synthetic drug statute Ben Waide. could be exacerbating their problems. that from a research perspective, Results which Chairman Tilley indicated could Guests: Shedrick J. Jones, Sr. In response to a question from First might not be adequate as the sole anticipate further modifications to existing National Association of Black Veterans, Representative Burch, Mr. Smith determinant for identifying and selecting drugs; 5. Clarify the deferred prosecution Inc.; Rodney Brewer, Commissioner, stated that of the veterans who have corrections programs that have the most provision; 6. Investigate methods for Kentucky State Police; Shane Smith, committed crimes, 90 percent have been potential to provide net benefits. The combating methamphetamine. 7. Clarify Pretrial Services Officer, Administrative misdemeanors such as minor theft, minor Washington model focuses on recidivism various provisions in the drug court statute Office of the Courts; Phil Miller, Program drug possession, and alcohol related and the potential savings from less crime as recommended by the Court of Justice; Support Specialist, Employer Support offenses. in the future. Some limitations include the 8. Clarify misdemeanor citation and arrest for the Guard and Reserves, Kentucky Employment Issues for National amount of Kentucky data available, the powers. Mr. True and Mr. Handy agreed National Guard; Col. Charles Jones, Guard and Veterans short duration of most recidivism studies, that nothing should be done to change Kentucky National Guard; Robert Phil Miller, Program Support which is three years to five years, and the present statute; 9. Clarify application Shepherd, U. S. Department of Labor; and Specialist, Employer Support of the does not provide a long-term evaluation of bail credits. A wait and see caution Charlie Kendall, Vonia Grabeel, Cabinet Guard and Reserve (ESGR), gave a for treated versus untreated offenders. Mr. was expressed by several members of for Health and Family Services. PowerPoint presentation on employment Clark said it would be difficult to justify the the task force. County Judge Executive LRC Staff: Erica Warren, Tiffany issues for veterans. The unemployment assumptions for long term effects based on Turner recommended clarification as Opii, Kristopher Shera, Clint Newman II, rate among the Kentucky National Guard short-term data for crimes avoided. Data to what constituted a “day” in jail and and Rhonda Schierer. (KYNG) is 15.7 percent, and this figure on correctional costs, for instance is easier further education of participants; 10. Minutes would be around 25 percent if not for to estimate, but one must differentiate Clarify pretrial release provisions; 11. Representative Floyd moved to the deployment of the 149th Maneuver between fixed costs such as debt service, Reevaluate employment restrictions for approve the October minutes. Senator Enhancement Brigade. Mr. Miller and variable costs such as lowering the felons; 12. Review challenges presented in Pendleton seconded the motion. The presented a comprehensive four phase cost of incarceration medical care and food misdemeanor expungement, particularly minutes were approved. plan focused on assisting veterans with service costs with less crime. There is also the one offense provision; 13. Create a National Association of Black obtaining civilian employment to combat a problem of effect size related to the type uniform statewide gang database; 14. Veterans, Inc. high unemployment among the KYNG. of crime which might be prevented. For Ensure confidentiality for victims of The Commander of the Kentucky In response to a question from example, a Washington state study found sexual offenses; 15. Investigate better Chapter of the National Association of Chair Pullin, Mr. Miller stated that the that a drug treatment program reduced methods to combat human trafficking; 16. Black Veterans (NABVETS) provided unemployment rate among veterans is the two year felony recidivism from 29 Ensure protection of child victims from handouts to the committee members high, and a reason for that is lack of percent to 20.2 percent. However, the Internet exploitation; 17. Ensure justice detailing the five year plan, the “Vets knowledge in the corporate world. Mr. difference resulted from a reduction in reinvestment; 18. Address issues relating First” Job Program, and a proposal for a Miller stated that the corporate world is drug felonies. There was no statistically to the electronic monitoring of offenders, Veteran’s Enrichment Center in Louisville. unaware of how skilled veterans are and significant reduction in nondrug felonies. to which several members commented that Ft. Campbell will be the next location what they have to offer the workforce. Another factor was fixed costs in providing this is easier said than done; 19. Create that would form a NABVETS chapter. Mr. Miller added that veterans need to services such as criminal defense services a task force to review juvenile justice NABVETS has active duty members as be trained on how to sell themselves to by the Department for Public Advocacy matters. Chairman Tilley complimented well as women members. The Commander human resources people and that it needs which might reduce the caseload of public Representative Flood’s efforts in this will meet with a company that develops to be a training process for both veterans defenders, but not the costs of providing area; 20. Use the Results First cost-benefit products known as finger sports, which are and employers. the defense because the present caseload model to allocate reinvestment funds to designed to assist veterans in rehabilitation In response to a question from per public defender is so high. As far as evidence-based programs; 21. Require from injuries sustained in combat. Senator Parrett, Mr. Miller stated that the a conclusion from the pilot study the detailed reporting on evidence-based Kentucky State Police ESGR participates in a state employer economist recommended caution in programs; 22. Authorize expanded use Rodney Brewer, Commissioner of conference in Louisville and provides relying on the data, particularly in the area of the Results First cost-benefit analysis. the Kentucky State Police (KSP), testified both support and constant education. of marginal costs associated with avoided Mr. Handy recommended the inclusion of on the organization’s new training center 902 KAR 15:020 Administrative crimes. Further study of the Kentucky efforts to control pill mills and this was in Frankfort, Kentucky. The Department Regulation Review offender population is needed so that approved by the task force. of Corrections transferred the former Chair Pullin told members that the Kentucky specific results can be obtained The report, as amended, was Frankfort Career Development Center to staff review of 902 KAR 15:020 was and evaluated. Mr. Gary Vanlandingham approved for transmittal to the Interim the KSP to use as a State Police Training in their folders for their consideration. from the PEW Foundation, who is working Joint Committee on Judiciary and the Center. KSP has never had a dedicated The committee took no action on the with the Results First project, agreed the Legislative Research Commission. The training facility until they acquired this administrative regulation. effect size is important and that more meeting adjourned at 11:45 a.m. property. Use of this complex was helpful Other Business long-term Kentucky data would make the due to insufficient size and space available There being no further business, the program more effective. Interim Joint Committee at their current facility. KSP will save meeting adjourned. Discussion of Report between $25,000 and $30,000 because Chairman Tilley told the task force on Veterans, Military it will no longer have to rent additional Affairs, and Public Capital Projects how the recommendations in the draft task training space. KSP has spent $76,000 on and Bond Oversight force report were developed and pointed Protection the new training facility, which will require out the initial revision of the penal code Minutes of the 6th Meeting more upgrades to several buildings. He Committee took four years, and one interim period of the 2011 Interim estimated the cost of all needed upgrades Minutes was insufficient for a full review and November 10, 2011 to be $5 million to $7 million dollars. November 15, 2011 restructuring of the penal code. The report Call to Order and Roll Call In response to a question from Call to Order and Roll Call reflects general areas for further study The 6th meeting of the Interim Representative Floyd, Commissioner The Capital Projects and Bond during the next interim by a reconstituted Joint Committee on Veterans, Military Brewer stated that there are approximately Oversight Committee met on Tuesday, task force. Chairman Tilley said the first Affairs, and Public Protection was held 60-80 cadets per class per year. After KSP November 15, 2011, at 1:00 PM, in Room

THE KENTUCKY GENERAL ASSEMBLY 35 169 of the Capitol Annex. Senator Bob Administration Cabinet. The study is intended to determine if the Subcommittee was held on Monday, Leeper, Chair, called the meeting to order, Senator Leeper asked John Hicks, cities can afford to build a new plant new November 7, 2011, at 1:00 PM, in Room and the secretary called the roll. Deputy Director, Governor’s Office for plant, upgrade their existing plant, or 149 of the Capitol Annex. Senator Joe Present were: Policy and Management, to report on purchase water elsewhere. No action was Bowen, Chair, called the meeting to order, Members: Senator Bob Leeper, pool projects in excess of $600,000. The required. and the secretary called the roll. Co-Chair; Representative Jim Glenn, first item was a project funded for the New Bond Issue Reports Present were: Co-Chair; Senators Tom Buford, Jared Department for Environmental Protection Senator Leeper asked Brett Antle and Members: Senator Joe Bowen, Co- Carpenter, and Julian M. Carroll; from the Heritage Land Conservation Tom Howard from the Office of Financial Chair; Representative Johnny Bell, Co- Representatives Steven Rudy, and Jim Fund. An appropriation of $1,767,000 was Management two present two new bond Chair; Senators David Givens, and Joey Wayne. made for the Wild Rivers-Burnett Property issue reports. Mr. Antle presented a new Pendleton; Representatives Robert R. Guests: Representative Keith Hall; land acquisition of approximately 1,100 bond issue report for up to $160,000,000 Damron, Danny Ford, and Jimmie Lee. Bob Wiseman, University of Kentucky; acres in Wayne and McCreary Counties. of Kentucky Economic Development Guests: Andy Crocker, Personnel John Hicks, Governor’s Office for Policy Representative Rudy asked from Financial Authority Hospital Revenue Board; Joe R. Cowles, Personnell Cabinet; and Management; Zach Couch, Division whom the department purchased the land. Bonds, Series 2011, for Baptist Health Care Jennifer Jones, Kentucky Retirement of Water; Scott Aubrey, Division of Real Zach Couch, Division of Water, Wild Systems. Mr. Antle said proceeds from System; Richard Carroll, Board of Properties; Debby Milton, Kentucky Rivers Program Coordinator, responded this bond issue will be used primarily for Accountancy; Bill Adcock, Jim Grawe, Infrastructure Authority; Brett Antle, that Ms. Karen Burnett was the current a seven-story building at Central Baptist Margaret Hazlette, Board of Social Work; Office of Financial Management; Tom owner. Representative Rudy expressed a Hospital in Lexington. Representative Mark Brengelman, Sienna Newman, Howard, Office of Financial Management; concern about the impact of the purchase Rudy made a motion to approve the Board of Licensure for Orthotists, Andrew Hawes, Kentucky Housing and similar purchases on the tax base of new bond issue for Baptist Health Care Prosthetists, Orthotists/Prosthetists, Corporation. local governments. Systems. The motion was seconded by Pedorthists, or Orthotic Fitters; Margaret LRC Staff: Kristi Culpepper, Jennifer Senator Carroll said he shared Senator Carroll and passed unanimously Everson, Rocky Pritchert, Department of Luttrell, and Christine Robertson. Representative Rudy’s concerns and by roll call vote. Fish and Wildlife Resources; Don Dott, Approval of Minutes requested information about the amount Mr. Antle presented a second new State Nature Preserves Commission; John Representative Rudy made a motion of land owned by the Commonwealth by bond issue report for $1,540,000 of C. Cummings, Verman R. Winburn, Parole to approve the minutes of the October 18, county. Mr. Hicks said the information Kentucky Housing Corporation (KHC) Board; Allison Jessee, Patrick Shirley, 2011, meeting. The motion was seconded was available through the cabinet and multifamily Housing Revenue Bonds, Office for the Blind; Melissa Beasley, by Representative Glenn and approved by he would provide a report. Senator Series 2012, (Garden Apartments of Clay Lamb, Office of Unemployment voice vote. Carroll also requested that a copy of the Bowling Green Project). Bond proceeds Insurance; Sandy Chapman, Russell Information item report be sent to the Appropriations and will be used to finance the acquisition, Coy, Blanche Minor, DJ Wasson, Cecilia Kristi Culpepper, Committee Staff Revenue Committee. Senator Leeper said rehabilitation, and equipping of the Webber, Maggie Woods, Department of Administrator, said one information item that committee staff would work with existing multifamily housing Garden Insurance; Stephanie Bell, Helen Helton, was available for members to review. In the cabinet to provide the reports that Apartments at 415 Trent Way in Bowling Public Service Commission; Jamie Eads, response to members’ questions from the members requested. Green. All of the 48 units in the building Tim West, Horse Racing Commission; previous committee meeting, the Cabinet The second item presented by will be reserved for households earning Dawn Bellis, Lee Etta Cummings, Jerry for Health and Family Services sent a Mr. Hicks was a set of projects for 40 percent or less of the area median Lunsford, George Mann, Department of report outlining security improvements the Kentucky Department of Fish and income. Housing, Buildings and Construction; made to Department for Community Wildlife Resources that have been funded Representative Wayne asked if local Michele Bushong, Matt McKinley, Curt Based Services’ properties. Representative from Fees-in-Lieu of Stream Mitigation legislators were informed of the project. Pendergrass, Marissa Vega Velez, Chandra Wayne requested that a copy of the report Project pools. The first project was East Andres Hawes, Director of Multifamily Venettozzi, Cabinet for Health and Family be sent to members of the Health and Fork Little Sandy #3 in Lawrence County. Finance for KHC, replied that legislators Services; Steven Cook, University of Welfare Committees. The project was originally reported to the from the area had been notified. Kentucky Center on Drugs and Alcohol Project Reports from the University committee in March 2009, but the scope Representative Glenn asked what 40 Research; and Marty White, Kentucky of Kentucky had increased by $100,000, for a total percent of the area median income was for Spirit. Senator Leeper asked Bob Wiseman, scope of $1,616,400. The second project a family of four in Bowling Green. Mr. LRC Staff: Dave Nicholas, Emily Vice President for Facilities Management was Trammel Creek in Allen County with Hawes replied that he did not have did not Caudill, Donna Little, Sarah Amburgey, at the University of Kentucky, to present a scope of $712,500. The third project was have the figures for Warren County with Karen Howard, Betsy Cupp, and Laura two items. The first item was a scope Terry’s Branch Ball’s Fork in Knott County. him. Napier. increase of $142,500 (15 percent) to This project was originally reported to the Senator Carpenter made a motion to The Administrative Regulation renovate the Shively Sports Center. The committee in January 2006, and updated approve the new bond issue. The motion Review Subcommittee met on Monday, project was first approved at the June 21, in September 2008, but the scope has was seconded by Senator Buford and November 7, 2011, and submits this 2011, committee meeting with a scope increased by $80,000 for a total scope of passed unanimously by roll call vote report: of $950,000. The revised project scope $738,500. The fourth project was at East School Bond Issues Administrative Regulations is $1,092,500. The scope increase was Fork Little Sandy #5 in Lawrence County Mr. Antle presented five new Reviewed by the Subcommittee: required to address unforeseen electrical with a scope of $775,000. No action was school bond issues with School Facilities PERSONNEL BOARD: Board code deficiencies discovered during required. Construction Commission (SFCC) debt 101 KAR 1:335. Employee construction. Senator Carroll made a Lease Report Submitted by the service participation with an estimated par actions. Andy Crocker, general counsel, motion to approve the scope increase. The Finance and Administration Cabinet amount of $51,561,000. Senator Leeper represented the board. motion was seconded by Representative Senator Leeper asked Scott Aubrey, made a motion to approve the school A motion was made and seconded to Glenn and passed unanimously by roll Assistant Director, the Division of Real bond issues. The motion was seconded by approve the following amendments: (1) call vote. Properties, Finance and Administration Senator Carroll and passed unanimously to amend the NECESSITY, FUNCTION, Mr. Wiseman presented the second Cabinet, to present a lease modification by roll call vote. AND CONFORMITY paragraph to item, a lease renewal with a cost exceeding report. The division obtained two estimates Senator Leeper asked Ms. Culpepper clearly state the necessity for and function $100,000 for rental of warehouse and office to install a mechanical keypad and interior to report three new local school bond served by this administrative regulation, space housing artifacts for the College of equipment on a staff entrance on a Health issues. Ms. Culpepper said there were as required by KRS 13A.220; and (2) to Anthropology. Representative Glenn asked and Family Services building in Hopkins three local school bond issues with 100 amend Sections 1 through 7 to comply with how much longer the university planned to County, and the lower bid of $1,835.60 percent locally funded debt service. No the drafting and formatting requirements occupy the facility. Mr. Wiseman replied was selected. Building modification action was required. of KRS Chapter 13A. Without objection, that the department was expected to move costs will be amortized through the lease With there being no further business, and with agreement of the agency, the the artifacts to another campus facility expiration date of June 30, 2016. No action the meeting adjourned at 1:32 p.m. amendments were approved. by July 2013, depending on the pace on was required. PERSONNEL CABINET: Personnel renovations to that facility. In response Report from the Office of Financial Cabinet, Classified to another question from Representative Management A dministrative 101 KAR 2:210 & E. 2012 Plan Glenn, Mr. Wiseman said he could not Senator Leeper asked Debby Milton Regulation Review Year Handbook for the Public Employee recall the exact measurements of the from the Kentucky Infrastructure Authority Subcommittee Health Insurance Program. Joe Cowles, space. Senator Carroll made a motion to to report a 2020 Program grant. Ms. Milton Minutes of the November Meeting deputy executive director, Office of Legal approve the lease renewal. The motion reported a $52,500 grant to the Garrard November 7, 2011 Services, represented the cabinet. was seconded by Representative Rudy County Fiscal Court for a feasibility study. Call to Order and Roll Call A motion was made and seconded and passed unanimously by roll call vote. The effort is jointly supported by the City The November meeting of the to approve the following amendments: Report of Pool Project In Excess of Danville and City of Lancaster, which Administrative Regulation Review to amend Section 1 to correct two of $600,000 from the Finance and currently have water compliance issues. typographical errors in the existing

36 2011 Interim LEGISLATIVE RECORD administrative regulation. Without and to comply with its current statutes. amend the NECESSITY, FUNCTION, were approved. objection, and with agreement of the Board of Prosthetics, Orthotics, and AND CONFORMITY paragraph to match EDUCATION AND WORKFORCE agency, the amendments were approved. Pedorthics: Board the statutory authority provided by KRS DEVELOPMENT CABINET: Department FINANCE AND 201 KAR 44:010. Fees. Sienna 319B.020(6); and (3) to amend Section 1 of Workforce Investment: Office for the ADMINISTRATION CABINET: Newman, board chair, and Mark to delete the per diem compensation for Blind: Department for the Blind Kentucky Retirement Systems: General Brengelman, assistant attorney general, board members in accordance with KRS 782 KAR 1:020. Definitions for 782 Rules represented the board. 319B.020(6). Without objection, and with KAR Chapter 1. Allison Jessee, director 105 KAR 1:440. Kentucky A motion was made and seconded to agreement of the agency, the amendments of consumer services, and Patrick Shirley, Retirement Systems Trustee Education approve the following amendments: (1) were approved. staff attorney, represented the department. Program. Jennifer Jones, interim general to amend the TITLE to accurately reflect TOURISM, ARTS AND HERITAGE A motion was made and seconded counsel, represented the systems. the name of the agency; and (2) to amend CABINET: Department of Fish and to approve the following amendments: In response to a question by Co- Sections 1 through 5 to comply with the Wildlife Resources: Game to amend the NECESSITY, FUNCTION, Chair Bowen, Ms. Jones stated that the drafting and formatting requirements of 301 KAR 2:225 & E. Dove, wood AND CONFORMITY paragraph and Trustee Education Program was being KRS Chapter 13A. Without objection, duck, teal, and other migratory game Section 1 to comply with the drafting amended at this time because of a recent and with agreement of the agency, the bird hunting. Margaret Everson, general and formatting requirements of KRS audit. The amendments implemented amendments were approved. counsel, and Rocky Pritchert, migratory Chapter 13A. Without objection, and with changes recommended by the Auditor of 201 KAR 44:020. Requirements board program coordinator, represented agreement of the agency, the amendments Public Accounts. for licensure as an Orthotist, Prosthetist, the department. were approved. A motion was made and seconded Orthotist/Prosthetist, Pedorthist, or ENERGY AND ENVIRONMENT 782 KAR 1:030. Scope and nature of to approve the following amendments: Orthotic Fitter prior to January 1, 2013. CABINET: Office of the Secretary: services. to amend the NECESSITY, FUNCTION, A motion was made and seconded to Kentucky State Nature Preserves A motion was made and seconded to AND CONFORMITY paragraph and approve the following amendments: (1) Commission: Commission approve the following amendments: (1) to Section 1 to comply with the drafting to amend the TITLE to accurately reflect 400 KAR 2:090. Management, amend Sections 4, 5, 12, 16, 17, and 20 to requirements of KRS Chapter 13A. the name of the agency; (2) to amend the use, and protection of nature preserves. make CONFORMING AMENDMENTS Without objection, and with agreement RELATES TO paragraph and Sections Donald Dott, director, represented the to correct inconsistencies between of the agency, the amendments were 1 through 4 to comply with the drafting commission. the currently effective administrative approved. and formatting requirements of KRS A motion was made and seconded regulation and the proposed administrative GENERAL GOVERNMENT Chapter 13A; and (3) to amend the material to approve the following amendments: regulation filed by the agency; and (2) to CABINET: State Board of Accountancy: incorporated by reference to correct minor (1) to amend Section 5 to specify that amend the NECESSITY, FUNCTION, Board drafting errors. Without objection, and with the provisions for vehicular access lanes AND CONFORMITY paragraph and 201 KAR 1:160. Peer reviews. agreement of the agency, the amendments only apply to internal access lanes; (2) to Sections 1, 3, 4, 7, 12, and 13 to comply with Richard Carroll, executive director, were approved. amend Section 18 to specify criteria for the drafting and formatting requirements represented the board. 201 KAR 44:030. Alternative making decisions regarding permission for of KRS Chapter 13A. Without objection, A motion was made and seconded Mechanism Requirements for licensure research or educational activities; (3) to and with agreement of the agency, the to approve the following amendments: to as an Orthotist, Prosthetist, Orthotist/ amend Section 21 to add an incorporation amendments were approved. amend the STATUTORY AUTHORITY Prosthetist, Pedorthist, or Orthotic Fitter by reference section incorporating the 782 KAR 1:040. Appeal procedures. paragraph and Sections 1, 2, 3, 6, and 7 to prior to January 1, 2013 for applicants in “Collecting/Access Permit” application A motion was made and seconded to comply with the drafting and formatting practice who are not currently certified. and the “Research Permit” application; (4) approve the following amendments: (1) to requirements of KRS Chapter 13A. Without In response to a question by Co- to amend Sections 5, 6, 7, 10, and 15 to amend Section 6 to make a CONFORMING objection, and with agreement of the Chair Bowen, Ms. Newman stated that this make CONFORMING AMENDMENTS AMENDMENT to correct an inconsistency agency, the amendments were approved. administrative regulation implemented the to correct inconsistencies between between the currently effective regulation Board of Social Work: Board new statutory licensure requirements for the currently effective administrative and the proposed regulation filed by the 201 KAR 23:050. Renewal, orthotists, prosthetists, pedorthists, and regulation and the proposed administrative agency; and (2) to amend the RELATES termination, reinstatement of license. orthotic fitters. It established a pathway regulation filed by the agency; and (5) to TO paragraph and Sections 1, 5, and 6 to Margaret Hazlette, executive director; to licensure for professionals already amend Sections 6, 7, 8, 13, 15, and 18 to comply with the drafting and formatting James Grawe, assistant attorney general; working in those fields. comply with the drafting and formatting requirements of KRS Chapter 13A. and William Adcock, board member, A motion was made and seconded requirements of KRS Chapter 13A. Without objection, and with agreement represented the board. to approve the following amendments: Without objection, and with agreement of the agency, the amendments were In response to questions by (1) to amend the TITLE to accurately of the agency, the amendments were approved. Representative Lee, Ms. Hazlette stated reflect the name of the agency; (2) to approved. 782 KAR 1:070. Certified driver that the requirements of this administrative amend the RELATES TO, STATUTORY JUSTICE AND PUBLIC SAFETY training program. regulation applied to social workers AUTHORITY, and NECESSITY CABINET: Parole Board: Board A motion was made and seconded licensed by the board. Social workers FUNCTION AND CONFORMITY 501 KAR 1:030. Determining parole to approve the following amendments: employed by state government should not paragraphs and Sections 1 through 4 to eligibility. Verman Winburn, board chair, to amend the RELATES TO paragraph be impacted because they were exempt comply with the drafting and formatting and John Cummings, staff attorney, and Sections 2 and 5 to comply with the from licensure under KRS Chapter 335. requirements of KRS Chapter 13A; and represented the board. drafting and formatting requirements of The requirements only applied to those (3) to amend Sections 1 through 5 to cross- In response to a question by Co- KRS Chapter 13A. Without objection, individuals if they chose to be licensed. reference a form that is incorporated by Chair Bell, Mr. Winburn stated that some and with agreement of the agency, the In response to questions by reference in 201 KAR 44:020. Without parole provisions in 2011 House Bill amendments were approved. Representative Lee, Mr. Grawe stated objection, and with agreement of the 463 had delayed effective dates such as Office of Employment and Training: that the $100 penalty applied if a licensee agency, the amendments were approved. changes to case management. However, Unemployment Insurance renewed an expired license. Additionally, 201 KAR 44:040. Professional the amendments to this administrative 787 KAR 1:210. Employer Ms. Hazlette stated that the board Conduct and Code of Ethics. regulation implemented provisions contribution rates. Melissa Beasley, established the new penalty to simplify A motion was made and seconded regarding an inmate’s parole eligibility assistant director, and Clay Lamb, staff the renewal process for expired licenses. to approve the following amendments: date that were already in effect. attorney, represented the office. It replaced the previous penalty structure (1) to amend the TITLE to accurately A motion was made and seconded to In response to questions by Senator which titrated the amount of the penalty reflect the name of the agency; and (2) to approve the following amendments: (1) Givens, Ms. Beasley stated that there based on the length of expiration. amend the RELATES TO, STATUTORY to amend Section 1 to delete unnecessary were 2,000 reimbursing employers in In response to questions by Co-Chair AUTHORITY, and NECESSITY definitions; (2) to amend Section 2to the state. Those employers submitted Bell, Ms. Hazlette stated that social workers FUNCTION AND CONFORMITY use statutory terminology; (3) to amend reports on a quarterly basis. Additionally, employed by nonprofit agencies should paragraphs and Sections 2 through 6 to the RELATES TO and STATUTORY the administration of the unemployment not be affected by this administrative comply with the drafting and formatting AUTHORITY paragraphs and Section insurance program was entirely federally- regulation either. They were also exempt requirements of KRS Chapter 13A. Without 3 to comply with the drafting and funded. Lastly, the office amended the rate from licensure and would only have to objection, and with agreement of the formatting requirements of KRS Chapter notice form to update its terminology and comply with the new requirements if they agency, the amendments were approved. 13A; and (4) to make CONFORMING to limit voluntary payments by employers voluntarily obtained licensure. 201 KAR 44:050. Per diem of board AMENDMENTS to correct to every other year. While the annual 201 KAR 23:075. Continuing members. inconsistencies between the currently notice included information about making education. In response to a question by A motion was made and seconded effective administrative regulation and the voluntary payments, the remainder of the Co-Chair Bell, Ms. Hazlette stated that to approve the following amendments: proposed administrative regulation filed form clarified that an employer was not the board amended the domestic violence (1) to amend the TITLE to accurately by the agency. Without objection, and with eligible to do so each year. education requirement to correct an error reflect the name of the agency; (2) to agreement of the agency, the amendments In response to a question by Co-

THE KENTUCKY GENERAL ASSEMBLY 37 Chair Bowen, Ms. Lamb stated that this commission. 20, 21, 22, 23, and 27 to comply with the General Provisions administrative regulation was amended A motion was made and seconded to drafting and formatting requirements of 405 KAR 7:091. General practice in response to recommendations by the approve the following amendments: (1) to KRS Chapter 13A. Without objection, provisions. Unemployment Insurance Task Force. amend the RELATES TO paragraph and and with agreement of the agency, the Inspection and Enforcement PUBLIC PROTECTION CABINET: Section 2 to correct statutory citations; (2) amendments were approved. 405 KAR 12:020. Enforcement. Department of Insurance: Agent Licensing to amend Section 1 to delete unnecessary Department for Developmental TRANSPORTATION CABINET: Division: Agents, Consultants, Solicitors, definitions; (3) to amend the RELATES Health, Developmental and Intellectual Office of Transportation Delivery: Mass and Adjusters TO paragraph and Sections 1, 2, and 6 to Disabilities: Division of Behavioral Transportation 806 KAR 9:070. Examinations. comply with the drafting and formatting Health: Substance Abuse 603 KAR 7:080. Human service Sharon Clark, commissioner; Maggie requirements of KRS Chapter 13A; and (4) 908 KAR 1:310. Certification transportation delivery. Woods, director; and Sandy Chapman, to make CONFORMINGAMENDMENTS standards and administrative procedures CABINET FOR HEALTH AND assistant director, represented the to correct inconsistencies between for driving under the influence programs. FAMILY SERVICES: Department for division. the currently effective administrative Steven Cook, research analyst, and Community Based Services: Division Financial Standards and Examination regulation and the proposed administrative Lee Etta Cummings, DUI program of Protection and Permanency: Child Division: Captive Insurers regulation filed by the agency. Without manager, represented the division. (This Welfare 806 KAR 49:050. Captive Risk objection, and with agreement of the administrative regulation was discussed, 922 KAR 1:420. Child fatality or Retention Groups. Sharon Clark, agency, the amendments were approved. and amended, prior to its deferral from the near fatality investigations. commissioner, and Russell Coy, captive Department of Housing, Buildings October 2011 Administrative Regulation The Subcommittee adjourned at 2:00 insurance manager, represented the and Construction: Division of Building Review Subcommittee meeting. That p.m. until December 6, 2011. division. Codes Enforcement: Kentucky Building amendment summary was included in the A motion was made and seconded Code October report of this Subcommittee.) Education Assessment to approve the following amendments: 815 KAR 7:125. Kentucky In response to a question by Senator to amend the TITLE, STATUTORY Residential Code. Dawn Bellis, general Givens, Ms. Cummings stated that the and Accountability AUTHORITY paragraph, and Sections counsel, and George Mann, deputy division had submitted amendments for Review Subcommittee 1 through 8 to comply with the drafting commissioner, represented the division. approval to resolve concerns discussed at Minutes of the Meeting and formatting requirements of KRS In response to a question by the previous meeting of the Subcommittee. November 15, 2011 Chapter 13A. Without objection, and with Representative Damron, Ms. Bellis stated The amendments would enable the Call to Order and Roll Call agreement of the agency, the amendments that the division received one public two programs that were currently The meeting of the Education were approved. comment regarding the new HVAC using telecommunication equipment to Assessment and Accountability Review ENERGY AND ENVIRONMENT standards. While the new standards deliver instruction to continue to do so. Subcommittee was held on Tuesday, CABINET: State Board on Electric required HVAC systems to be programmed Additionally, evaluation studies would November 15, 2011, at 1:00 p.m., in Room Generations and Transmission SITING: at a particular temperature, the requirement be conducted to determine if there was 131 of the Capitol Annex. Senator Jack Utilities only applied at installation. After a difference in performance outcomes Westwood, Co-Chair, called the meeting 807 KAR 5:100. Board application installation, the consumer could adjust the depending on the method of program to order, and the secretary called the roll. fees. Stephanie Bell, deputy executive setting. delivery. Present were: director, and Helen Helton, general In response to a question by Senator A motion was made and seconded to Members: Senator Jack Westwood, counsel, represented the board. Givens, Ms. Bellis stated that most approve the following amendments: (1) Co-Chair; Representative Ted Edmonds, A motion was made and seconded to programmable thermostats were already to amend Sections 4, 6, and 8 to amend Co-Chair; Senators Vernie McGaha, approve the following amendments: (1) to pre-set by the manufacturer and would be minor typographical errors; and (2) to Gerald A. Neal, and Ken Winters; amend the RELATES TO and STATUTORY in compliance with the new standards. amend Section 7 to establish a process to Representatives Linda Belcher and Bill AUTHORITY paragraphs to correct In response to a question by Senator enable the programs that have delivered Farmer. citations; (2) to amend the NECESSITY, Pendleton, Ms. Bellis stated that the code instruction via video telecommunication Guests: Keith White, Office of FUNCTION, AND CONFORMITY requirements for tape used in duct work equipment on the effective date of this Education Accountability; Jim Thompson, paragraph to clearly state the necessity for were not new requirements. The required administrative regulation to continue Education and Workforce Development and function served by this administrative tape was specially formulated for that to use that equipment in the delivery of Cabinet; Clyde Caudill, Kentucky regulation, as required by KRS 13A.220; particular use. It should also be readily instruction. Without objection, and with Association of School Administrators and (3) to amend the TITLE and Sections available. agreement of the agency, the amendments and Jefferson County Public Schools, and 1 through 6 to comply with the drafting CABINET FOR HEALTH AND were approved. Patty Dempsey, The Arc of Kentucky. and formatting requirements of KRS FAMILY SERVICES: Department for The following administrative LRC Staff: Sandy Deaton, Ben Chapter 13A. Without objection, and with Public Health: Office of Health Policy: regulations were deferred to the December Boggs, Jo Carole Ellis, Ken Warlick, agreement of the agency, the amendments Certificate of Need 6, 2011, meeting of the Subcommittee: Daniel Clark, and Lisa Moore. were approved. 900 KAR 6:075. Certificate of Need PERSONNEL CABINET: Personnel Adopt Minutes of October 11, 807 KAR 5:110. Board proceedings. nonsubstantive review. Michele Bushong, Cabinet, Classified 2011, meeting A motion was made and seconded health policy specialist, and Chandra 101 KAR 2:180. Employee Senator Winters moved to adopt to approve the following amendments: Venettozzi, health data administrator, performance evaluation system. the minutes from the October 11, 2011, (1) to amend the RELATES TO and represented the office. FINANCE AND meeting and Representative Farmer STATUTORY AUTHORITY paragraphs In response to a question by ADMINISTRATION CABINET: seconded the motion. The minutes were to correct citations; (2) to amend the Representative Lee, Ms. Venettozzi Department of Revenue: Ad Valorem Tax; adopted by voice vote. NECESSITY, FUNCTION, AND stated that the review requirements for State Assessment Office of Education CONFORMITY paragraph to clearly state psychiatric residential treatment facilities 103 KAR 8:010. Watercraft Accountability’s Report “Appropriate the necessity for and function served by were not amended in response to the needs allocation. Identification and Service of Students this administrative regulation, as required of any one facility. The changes resulted GENERAL GOVERNMENT with Disabilities in Kentucky: Issues by KRS 13A.220; (3) to amend Sections from comments the office received. CABINET: Real Estate Appraisers Board: Associated with Special Education 1, 2, 3, 5, 6, and 7 to comply with the A motion was made and seconded Board Eligibility, Funding, and Personnel drafting and formatting requirements to approve the following amendments: to 201 KAR 30:310 & E. Fees for Training” of KRS Chapter 13A; and (4) to make amend Sections 1 and 2 to comply with registration of appraisal management Ms. Deborah Nelson, Research CONFORMING AMENDMENTS to the drafting and formatting requirements companies. Analyst, Office of Education Accountability Sections 8 and 9 to correct inconsistencies of KRS Chapter 13A. Without objection, 201 KAR 30:320 & E. Surety bond. (OEA), said the process of determining a between the currently effective and with agreement of the agency, the 201 KAR 30:330 & E. Application student’s eligibility for special education, administrative regulation and the filed amendments were approved. for registration. known as identification in OEA’s report, administrative regulation. Without Division of Public Health and Safety: 201 KAR 30:360. Operation of an has substantial consequences for students objection, and with agreement of the Radiology appraisal management company. and fiscal consequences for states and agency, the amendments were approved. 902 KAR 100:142. Wire line service ENERGY AND ENVIRONMENT districts. She said the report includes data PUBLIC PROTECTION CABINET: operations. Matt McKinley, radiation CABINET: Department for Natural indicating substantial differences among Horse Racing Commission: Thoroughbred health branch manager; Curt Pendergrass, Resources: Division of Mine Reclamation states and districts in the percentages of Racing radioactive material section supervisor; and Enforcement: Surface Effects of students identified for special education; 810 KAR 1:090. Kentucky and Marissa Velez, radiation health Noncoal Mining results of the Kentucky Department of Thoroughbred Development Fund. Jamie specialist, represented the division. 405 KAR 5:085. Enforcement. Education’s (KDE) 2010 audits in 39 Eads, director, Division of Incentives A motion was made and seconded 405 KAR 5:095. Administrative districts; recent declines in the number of and Development, and Tim West, to approve the following amendments: hearings, informal settlement conferences, students identified for special education; assistant general counsel, represented the to amend Sections 6, 7, 8, 9, 11, 12, 19, and general practice provisions. and OEA interviews with district staff.

38 2011 Interim LEGISLATIVE RECORD Ms. Nelson said that at the preschool weights and costs of educating some poverty. If fewer exceptional children were Special Education Eligibility, Funding, level, apparent differences exist among students and possible fiscal incentives to identified for free preschool, more money and Personnel Training” and Senator districts in the manner students are identify students for special education. would be available to serve students living Neal seconded the motion. The report was identified with disabilities which raise At the preschool level, in particular, the in poverty. adopted by voice vote. concerns about the equitable allocation funding method may lead to inequities Senator Westwood said changes Senator Winters moved to accept of preschool funding to districts and to in the distribution of funds among need to be made to broaden the definition the OEA reports “Kentucky State individual children. Reliable identification districts, uncertainty in annual funding, of dyslexia. He noted that it can be very Testing for Education Accountability: An of young children with particular and cumbersome processes required for difficult, even for trained personnel, to Examination of Security-related Threats disabilities is challenging, especially district staff, parents, and children in the diagnose a student with dyslexia. Ms. to Valid Inference Making and Suggested in broadly defined categories such as determination of preschool eligibility. Nelson said the report addresses dyslexia Best Practices” and the “Kentucky developmental delay, which only applies She said the General Assembly may specifically. Educational Excellence Scholarship” to students up to age eight. The KDE wish to request further study of both the Senator Winters said he wants and Representative Farmer seconded has recently taken steps to improve the SEEK and the preschool funding systems. students diagnosed and identified correctly. the motion. The reports were adopted by identification practices at the preschool The report also included seven specific He is not comfortable with the fact that voice vote. level. She said further attention may be recommendations that are included in the students are placed in special education Office of Education needed to ensure that preschool eligibility meeting folder in the Legislative Research programs so that the school district can Accountability’s Report “Compendium requirements are applied consistently. Commission (LRC) library. obtain additional money for teacher aides of State Education Rankings, 2011” Ms. Nelson said that at the elementary In response to questions from Senator and/or transportation needs. Brenda Landy, Research Analyst, and secondary level, it is likely that some Westwood, Ms. Nelson said some special Responding to Representative OEA, said this compendium of state students with learning difficulties are education teachers may have adequate Belcher, Ms. Nelson said it is correct education rankings is intended as a identified for special education when training to identify and support students to assume that there has been a push to reference tool that compares Kentucky’s they might be assisted more effectively with disabilities. However, she noted identify students for special education education indicators to those of the nation and efficiently through existing support that adequate teacher preparation varies even if the identification of the disability and selected peer states. While rankings in general education. KDE is addressing greatly by school district. is unclear. She said an increasing number are based on all 50 states and the District this concern by supporting districts in Ms. Nelson said 58 percent of special of students that fall into this gray area of Columbia, the data presented focus the implementation of research-based education students in Kentucky receive have been identified. She also noted that on Southern Regional Education Board interventions and by monitoring district testing accommodations. She said that the federal definitions are very broad and (SREB) member states and other states eligibility determinations. She said the percentage is comparable to other states for there are states that identify children at a adjacent to Kentucky. department could supplement these the number of students receiving testing higher rate than Kentucky. Ms. Landy said rankings should efforts with guidance documents that accommodations, but Kentucky permits Ms. Nelson said many districts are be used with caution. A ranking on one clarify specific terms used in determining the reader accommodation on the reading leery of identifying children as needing measure is affected by state differences disability and the level of training assessment, which differs from most other special education after the audit conducted in other measures, such as student recommended for special education states. Ms. Marcia Ford Seiler, Director, by the KDE. Representative Belcher noted characteristics and costs of living. It is evaluators. OEA, said an administrative regulation there were 3,200 fewer students identified essential to examine the measures on which Ms. Nelson said that students with was reviewed in the School Curriculum the year after the audit. Ms. Nelson said a set of rankings is based because rankings disabilities or learning difficulties who Assessment and Accountability Council this closer look by school districts is do not indicate how far apart states are are assisted through special education (SCAAC) meeting that will be forthcoming important as students are set up for failure from each other. When many states cluster services or supports in general education in regards to testing accommodations. if not diagnosed and placed correctly. closely together on a measure, small need access to personnel trained to Senator Westwood said he was Ms. Nelson said school districts vary fluctuations can cause significant changes recognize and address their specific delighted with the last report from the greatly on practices for identifying students in rankings. needs. Special education teachers are National Association of Educational for special education. Representative Ms. Landy said that, with more than not necessarily prepared with these Progress (NAEP) that showed Kentucky Belcher suggested that instead of auditing one-fourth of students living below the specific skills in preservice training. She exceeding other states in its student the entire state, that assistance should be poverty level in 2010, Kentucky’s student said districts should ensure the ongoing reading growth. However, he would like given to school districts not following poverty rate was the seventh highest training of personnel to support students to know how many of those students were the guidelines. Ms. Nelson emphasized in the nation. Kentucky had the ninth with learning difficulties or disabilities allowed to use accommodations in their that the audits should be viewed as a highest proportion of students enrolled whether through special or general reading assessments, and if this skews the support for school districts instead of as in rural schools. Although the number of education. The Education Professional progress demonstrated. a challenge. Hispanic students has been increasing, Standards Board (EPSB) and KDE might Responding to Senator McGaha, In response to Representative Farmer, they still make up only about three percent offer guidance on recommended training Ms. Nelson said there could be a relation Ms. Nelson said the KDE uses multiple of students. In comparison, African- through professional development or between an increased number of children indicators to identify school districts American students total eleven percent. ongoing education for rank change. enrolled in special education and drug for audits such as a disproportionate Ms. Landy said because of Ms. Nelson said districts are required abusing mothers. She said the children identification of minorities or a low Kentucky’s small Hispanic population, to ensure that students with disabilities of drug abusing mothers may not need to graduation rate. The most recent change has only about two percent of students receive necessary services, regardless of be served in a special education program included auditing districts that have high received services for limited English cost. Districts may need additional funding even if they require some special supports identification rates of special education proficiency in 2010. However, Kentucky to support the costs of educating students in the general education program. Senator students. However, KDE is looking at the students had high rates of services for with disabilities whose needs can only be McGaha said there should be specific method used to audit districts in the future financially needy students; almost 84 met through special education programs, requirements for a teacher to refer a due to personnel resources. She also said percent were enrolled in Title I schools, especially those students who require student into a special education program. a problem cannot be identified just based compared to a national rate just under unusually intensive supports. However, Representative Farmer said some on a number. One school district had a 65 percent, and about 55 percent were districts should also be encouraged to children may lack maturity because of 20 percent identification rate and was eligible for subsidized lunches, compared examine special education expenditures, age, and not necessarily need special audited and found to be completely in to 46 percent of the nation. Both of these which have reached record highs in services. He asked if districts might compliance. measures have increased for Kentucky Kentucky, to ensure that funded services over-identify the younger students to and the nation in recent years, after the are targeted directly at student needs. She get extra money. Ms. Nelson said school In response to a question from economic downturn. The percentage of said that, by increasing supports in general district expenditures for preschool exceed Senator Neal, Ms. Seiler said OEA is students with disabilities that required an education, districts may reduce the need for revenue, and therefore she does not directed by the Education Assessment and Individualized Education Program (IEP) special education and serve some students see how districts are using the special Accountability Review Subcommittee was about 16 percent, compared to a more effectively and efficiently. Wealthy education referrals to gain revenue. The (EAARS) to provide a study agenda national rate of 13 percent. districts may have greater fiscal flexibility policy varies by district, but some schools that identifies research topics for the Ms. Landy said even after adjusting than less wealthy districts to examine the report that parents push to identify their next year. She said preschool funding for geographic cost differences, Kentucky relative merits of investments in general child with a disability in order to get free could be identified as a study topic at ranked 37th in revenue per pupil and current versus special education programs. preschool. She noted some children can the EAARS December meeting. It could spending per pupil in 2008; however, Ms. Nelson concluded that the be a year behind other students depending also be directed as a study topic through unlike most states, Kentucky does not OEA report identifies issues associated on their birthday and school enrollment legislation or by directing the KDE to include school activity funds when with the methods used to fund special cutoff dates. A larger issue is that the report upon it. reporting revenues and expenditures. The education through the Support Education category of developmental delay is broad Senator Winters moved to accept the state’s proportion of spending dedicated to Excellence in Kentucky (SEEK) system and hard to apply consistently. She noted OEA report “Appropriate Identification instruction mirrored the nation. As a result and state preschool funds. These include preschool is a phenomenal expense and it and Service of Students with Disabilities of mandated pay increases, Kentucky’s a lack of alignment between funding can be a critical need for children living in in Kentucky: Issues Associated with ranking in average teacher salary rose

THE KENTUCKY GENERAL ASSEMBLY 39 from 36th in 2002 to 25th in 2008, and was incentives for special education teachers 1200000459. Senator Carroll seconded the Incorporated Consulting, 1200000673; on par with the national average. to enhance their experience through motion, which passed without objection. URS Corporation, 1200000728; Entran, Ms. Landy said Kentucky’s student- certification or specialization in dyslexia, A motion was made by Representative PLC, 1200000790; J M Crawford and teacher ratio in 2010 was 15.3 students autism, and other learning disorders. Yonts to consider as reviewed, the Personal Associates Incorporated, 1200000792. per teacher. The slightly smaller ratio than Other Business Service Contract List, with exception of TRAVEL, DEPARTMENT OF: the nation’s (15.8) suggests that Kentucky Representative Edmonds announced those items selected for further review Connect-Worldwide International students have a few more opportunities that the next EAARS meeting will be held by members of the committee. Senator Incorporated, 1000003780. for individual attention than students in on Monday, December 12, 2011, at 10:00 Carroll seconded the motion, which passed UNIVERSITY OF KENTUCKY: many other states. As for other staffing, a.m. in Room 131 of the Capitol Annex. without objection. Louis F. Cohn, PhD, PE, K12-130; relatively high numbers of instructional He commended Ms. Seiler and her staff A motion was made by Representative Anderson Strickler, LLC, K12-131; S1 IT aides per student are likely due to for the tremendous job that the OEA does. Yonts to consider as reviewed, the Personal Solutions, K12-133. Kentucky’s high preschool enrollment and Senator Westwood commended Ms. Seiler Service Contract Amendment List, UNIVERSITY OF LOUISVILLE: disability rates. High numbers of school on her leadership of the OEA and said the with exception of those items selected Advances in Education, 12-023. administrators likely reflect the state’s committee appreciates the staff’s diligent for further review by members of the WESTERN KENTUCKY small rural schools. work on the research studies. committee. Senator Carroll seconded the UNIVERSITY: Ms. Landy said Kentucky’s grade Senator McGaha moved to accept motion, which passed without objection. Ross Tarrant Architects, 111236; four and grade eight NAEP reading scores the OEA report “Compendium of State A motion was made by Representative RPM Transportation Consultants, 111238; were significantly above the national Education Rankings, 2011” and Senator Yonts to consider as reviewed, the Stokes Production Services Incorporated, average in 2011. Kentucky was ranked 10th Westwood seconded the motion. The Memoranda of Agreement List, with 111239. for grade four reading and 12th for grade report was adopted by voice vote. exception of those items selected for eight reading. Scores did not improve Adjournment further review by members of the THE FOLLOWING PERSONAL significantly between the 2009 and 2011 The meeting adjourned at 2:50 p.m. committee. Senator Carroll seconded the SERVICE AMENDMENTS administration of NAEP. motion, which passed without objection. WERE REVIEWED WITHOUT Ms. Landy said Kentucky’s average A motion was made by Representative OBJECTION: NAEP math scores in 2011 were statistically Government Contract Yonts to consider as reviewed, the ADMINISTRATIVE OFFICE OF on par with those of the nation for both Review Committee Memoranda of Agreement Amendment THE COURTS: grades four and eight, and Kentucky Committee Minutes List, with exception of those items selected Chrysalis House Incorporated, ranked 24th and 35th, respectively. Scores November 8, 2011 for further review by members of the 1100001377; Hope Center, 1100001379; did not improve significantly between committee. Senator Carroll seconded the Gess Mattingly and Atchison, 2009 and 2011. Call to Order and Roll Call motion, which passed without objection. 1100001567. Ms. Landy said Kentucky students’ The Government Contract Review AUDITOR OF PUBLIC participation in Advanced Placement (AP) Committee met on Tuesday, November 8, THE FOLLOWING PERSONAL ACCOUNTS, OFFICE OF THE: exams almost doubled between 2002 and 2011, at 10:00 AM, in Room 171 of the SERVICE CONTRACTS Christian Sturgeon & Associates, 2010, from 12.6 percent to 24.4 percent. Capitol Annex. Senator Vernie McGaha, WERE REVIEWED WITHOUT PSC, 1100002902. Similarly, the percentage of students Chair, called the meeting to order, and the OBJECTION: BOARD OF CLAIMS & CRIME earning qualifying scores almost doubled, secretary called the roll. CORRECTIONS, DEPARTMENT VICTIMS COMPENSATION: from 6.5 percent in 2002 to 12.2 percent Present were: OF: Stout Farmer & King PLLC, in 2010. Kentucky ranked 26th in AP Members: Senator Vernie Transitions Incorporated, 1000003137. participation and 30th in passing scores. McGaha, Co-Chair; Representative 1200000529. DEPARTMENT FOR Since 2009, Kentucky’s average Dennis Horlander, Co-Chair; Senators DEPARTMENT OF HOUSING, BEHAVIORAL HEALTH, ACT scores have been lower than in Julian M. Carroll, Carroll Gibson, and BUILDING, AND CONSTRUCTION: DEVELOPMENTAL AND previous years as a consequence of a Paul Hornback; Representatives Jesse Code Administrative Associates of INTELLECTUAL DISABILITIES: new policy that requires all students to Crenshaw, Brent Housman, and Brent Kentucky, 1200000607. Kentucky Partnership for Families & take the ACT exam, regardless of interest Yonts. FINANCE AND Children Incorporated, 1100000203. in postsecondary education. On the Guests: Connie Lester, Charlie ADMINISTRATION CABINET: DEPARTMENT FOR INCOME composite, which combines all subjects, Harman, Michael Dailey, Michelle PFM Asset Management, LLC, SUPPORT: Kentucky’s overall rank was 48th in 2011. Landers, Joe Crabtree, Jennifer Linton, 1200000628. Maureen W. Khalil, MD, 1000003696; The highest rank was 46th for the science Paul Gannoe, Diana Barber, Linda Sewell, FINANCE AND Lynn A. Rosenzweig, Psy D, 1000003697; portion of the ACT. Lisa Beran, Debby Milton, Kevin Mudd, ADMINISTRATION CABINET - Dennis B. Penn, 1000003700. In 2009, Kentucky’s high school Kathy Burke, Charles Kendell, Sandy DIVISION OF ENGINEERING: DEPARTMENT FOR NATURAL seniors had the 23rd highest Averaged Fawbush, Dr. Torrie Harris, Lee Colten, EOP Architects, PSC, 1100002570. RESOURCES: Freshman Graduation Rate (AFGR), with and Robert Duff. FINANCIAL INCENTIVES, ATC Associates Incorporated, an estimated 77.6 percent of students LRC Staff: Kim Eisner, Matt Ross, DEPARTMENT OF: 0900013190. graduating, compared to a national rate of and Becky Brooker. Miller & Wells, PLLC, 1200000474. EDUCATION, DEPARTMENT OF: 75.5 percent. While Kentucky currently A motion was made by Representative JUVENILE JUSTICE, Carol A. Klaber, 1000002697; reports the AFGR, a cohort graduation Yonts to approve Minutes of the October DEPARTMENT OF: Pleasant Green Baptist Church, rate will be reported beginning in 2014. 2011 meeting of the committee. Senator Judy A. Harrison, 1200000631. 1000002750; Paul L. Whalen, Responding to Senator Westwood, Carroll seconded the motion, which passed KENTUCKY COMMUNITY & 1000002948; Kentucky Science & Ms. Landy said the number of Kentucky without objection. TECHNICAL COLLEGE SYSTEM: Technology Corporation, 1000003001. students utilizing reader accommodations Center for Occupational Research & is on par with the national average. DEFERRED ITEMS Development, 497. FINANCE AND However, Kentucky has more students A motion was made by Representative KENTUCKY HIGHER ADMINISTRATION CABINET: being excluded. She will get more Yonts to defer the following contract EDUCATION STUDENT LOAN Cunningham Lindsey U.S. detailed information to the committee that to the December 2011 meeting of the CORPORATION: Incorporated, 1200000580. compares Kentucky’s accommodations committee: NORTHERN KENTUCKY Valenti Hanley & Robinson, PLLC, FINANCE AND and exclusions data to national data. UNIVERSITY: Athletic Staffing & 12-001. ADMINISTRATION CABINET - In response to a question from Senator Consulting, LLC, 2012-594. Senator KENTUCKY HOUSING DIVISION OF ENGINEERING: McGaha, Ms. Landy said she will review Carroll seconded the motion, which passed CORPORATION: Stantec Consulting Services studies that other states have conducted on without objection. Honkamp Krueger & Company, P.C., Incorporated, 0700003463; Bender how students who are eligible to receive A motion was made by Representative 2012-1. Associates Architects, 0800011058; free and reduced lunch are determined. Yonts to defer the following contract STATE POLICE, DEPARTMENT T H E Engineers Incorporated, She said there is one federal provision, to the December 2011 meeting of the OF: 0800011306; Third Rock Consultants, the community eligibility option, that committee: NORTHERN KENTUCKY John E. Reid & Associates, LLC, 0900013200; Fitzsimons Office of eliminates collecting data on family UNIVERSITY: Isaacson Miller, 2012- 1200000743. Architecture Incorporated, 1000002919; income and feeding everyone in the school 600. Senator Carroll seconded the motion, TRANSPORTATION CABINET: GRW Engineers Incorporated, in an effort to reduce paperwork. Senator which passed without objection. Burgess & Niple Incorporated, 1100001420; Ross Tarrant Architects McGaha said the system is not accurate. A motion was made by Representative 1200000614; Municipal Engineering Incorporated, C-06082726. Representative Belcher said special Yonts to defer the following contract to the Company, 1200000645; Vaughn & JUVENILE JUSTICE, education teachers have a difficult job and December 2011 meeting of the committee: Melton Consulting Engineers Kentucky DEPARTMENT OF: have to teach students on many different EDUCATION, DEPARTMENT Incorporated, 1200000653; PB Americas PCA Corrections, LLC, levels. She suggested offering monetary OF: National Academy Foundation, Incorporated, 1200000666; Lochner H W

40 2011 Interim LEGISLATIVE RECORD 1000002848. OFFICE OF THE GOVERNOR, OF: contract as reviewed. Representative KENTUCKY HOUSING DEPARTMENT FOR LOCAL United State Fish & Wildlife Service, Horlander seconded the motion, which CORPORATION: GOVERNMENT: 1100001182. passed with Senators McGaha and BLX Group, LLC, 2012-4. Clay County Fiscal Court, I N F R A S T R U C T U R E Hornback and Representatives Crenshaw PERSONNEL-OFFICE OF THE 1200000286; Clay County Fiscal Court, AUTHORITY: and Housman voting NO. SECRETARY: 1200000287; Clay County Fiscal Court, City of Hazard, 1100001479; City of KENTUCKY HIGHER Blue & Company, LLC, 1200000288; City of Martin, 1200000478; Salyersville, 1100001922; City of Corbin EDUCATION STUDENT LOAN 1000002245. City of Hyden, 1200000480; Madisonville Utilities Commission, 1100002432. CORPORATION TRANSPORTATION CABINET: Community College, 1200000596; City OFFICE OF THE GOVERNOR, Human Development Company Burgess & Niple Incorporated, of Clay, 1200000599; Daviess County DEPARTMENT FOR LOCAL Incorporated, 11-004. Diana Barber and 0700003876; QK4, 0700006089; Entran, Fiscal Court, 1200000617; City of Beaver GOVERNMENT: Linda Sewell discussed the contract with PLC, 1100000683; American Engineers Dam, 1200000619; Mason County Fiscal Community Ventures Corporation, the committee. A motion was made by Incorporated, C-03074169; Gresham Court, 1200000620; Ohio County Fiscal 1000000718; Muhlenberg County Fiscal Representative Yonts to consider the Smith & Partners, C-05260813. Court, 1200000624; Ballard County, Court, 1000001776; Letcher County Fiscal contract as reviewed. Representative UNIVERSITY OF KENTUCKY: 1200000629; Bell County Fiscal Court, Court, 1100000845; Hopkins County Fiscal Horlander seconded the motion, which GBBN Architects, A061080. 1200000639; City of Williamsburg, Court, 1100000846; Rockcastle County passed with Senator McGaha voting NO. WESTERN KENTUCKY 1200000668; Johnson County Fiscal Court, Fiscal Court, 1100001082; Lawrence KENTUCKY HOUSING UNIVERSITY: 1200000722; Casey County Fiscal Court, County Fiscal Court, 1100001214; CORPORATION Crowe Horwath, LLP, 101204. 1200000734; Henderson County Fiscal Rockcastle County Fiscal Court, Stierle & Stierle, Attorneys At Law, Court, 1200000736; Pulaski County Fiscal 1100001365; Rockcastle County Fiscal 2012-11. Lisa Beran discussed the contract THE FOLLOWING Court, 1200000744; Troublesome Creek Court, 1100001366; Christian County with the committee. A motion was made MEMORANDA OF AGREEMENTS Environmental Authority, 1200000746; Fiscal Court, 1100001447; Rockcastle by Representative Yonts to consider the WERE REVIEWED WITHOUT Troublesome Creek Environmental County Fiscal Court, 1100001622; Laurel contract as reviewed. Representative OBJECTION: Authority, 1200000747. County Fiscal Court, 1100001754; Laurel Horlander seconded the motion, which ADMINISTRATIVE OFFICE OF WORKFORCE INVESTMENT, County Fiscal Court, 1100001755; Laurel passed unanimously. THE COURTS: OFFICE OF: County Fiscal Court, 1100001756; Laurel Morehead State University, Disability Resource Initiative County Fiscal Court, 1100001757; Laurel THE FOLLOWING 1200000761; Morehead State University, Incorporated, 1200000445; Center County Fiscal Court, 1100001758; Laurel MEMORANDUM OF AGREEMENT 1200000763; Morehead State University, for Accessible Living, 1200000446; County Fiscal Court, 1100001759; Laurel WAS SELECTED FOR FURTHER 1200000784; Morehead State University, Independence Place, 1200000449; County Fiscal Court, 1100001760; Laurel REVIEW: 1200000785; Morehead State University, Independence Place, 1200000450; NKU County Fiscal Court, 1100001761; Laurel EDUCATION, DEPARTMENT OF 1200000787. Research Foundation, 1200000601. County Fiscal Court, 1100001762; Laurel Kentucky Valley Educational AGRICULTURE, DEPARTMENT County Fiscal Court, 1100001763; Laurel Cooperative, 1200000396; Kentucky OF: THE FOLLOWING County Fiscal Court, 1100001764; Laurel Association of School Administrators, Multi, 1200000649. MEMORANDA OF AGREEMENT County Fiscal Court, 1100001765; Pike 1200000397. Connie Lester, Charlie DEPARTMENT FOR AMENDMENTS WERE REVIEWED County Fiscal Court, 1100001927; Leslie Harman, and Michael Dailey discussed ENVIRONMENTAL PROTECTION: WITHOUT OBJECTION: County Board of Education, 1100003085; the contracts with the committee. A Community Action Kentucky ADMINISTRATIVE OFFICE OF Floyd County Fiscal Court, 1100003087. motion was made by Representative Yonts Incorporated, 1200000584. THE COURTS: to consider the contracts as reviewed. DEPARTMENT FOR PUBLIC University of Louisville Research THE FOLLOWING PERSONAL Representative Crenshaw seconded the HEALTH: Foundation, 1000000777; Morehead SERVICE CONTRACTS motion, which passed unanimously. University of Kentucky Research State University, Control Room 207, WERE SELECTED FOR I N F R A S T R U C T U R E Foundation, 1200000499. 1100001371; Morehead State University, FURTHER REVIEW: AUTHORITY DEPARTMENT OF Control Room 207, 1100001372; EDUCATION, DEPARTMENT OF Breathitt County Fiscal Court, ENERGY DEVELOPMENT AND Northern Kentucky Area Development Multi, 1200000602. Connie Lester 1200000719. Debby Milton discussed the INDEPENDENCE: District, 1100003075; Communicare and Charlie Harman discussed the contract contract with the committee. A motion was University of Kentucky Research Incorporated Adult, 1100003106; with the committee. A motion was made made by Representative Yonts to consider Foundation, 1200000731. Mountain Comprehensive Care Center, by Representative Yonts to consider the the contract as reviewed. Representative EDUCATION, DEPARTMENT OF: 1100003121; Pennyroyal Mental Health, contract as reviewed. Representative Horlander seconded the motion, which Pike County Board of Education, 1100003122. Crenshaw seconded the motion, which passed unanimously. 1100002270; The Partnership for AGRICULTURE, DEPARTMENT passed with Representative Housman Successful Schools, 1200000299; Daviess OF: voting NO. THE FOLLOWING County Board of Education, 1200000329; Multi, 0900011666; Multi, KENTUCKY EMPLOYERS MEMORANDA OF AGREEMENTS NKU Research Foundation, 1200000399; 1100001230; Murray State University, MUTUAL INSURANCE AMENDMENTS WERE SELECTED NKU Research Foundation, 1200000402; 1100002786. McCarthy Strategic Solutions, LLC, FOR FURTHER REVIEW: Kenton County Board of Education, DEPARTMENT FOR 12-MSS-001. Michelle Landers discussed DEPARTMENT FOR 1200000469; McCracken County Board COMMUNITY BASED SERVICES: the contract with the committee. A motion BEHAVIORAL HEALTH, of Education, 1200000470; Spencer University of Kentucky Human was made by Senator Carroll to consider DEVELOPMENTAL AND County Board of Education, 1200000471; Development Institute, 1000003388. the contract as reviewed. Representative INTELLECTUAL DISABILITIES Washington County Board of Education, DEPARTMENT FOR PUBLIC Horlander seconded the motion, which Green River Regional Mental Health 1200000472; Menifee County Board of HEALTH: passed with Senator McGaha voting NO. Mental Retardation Board, 1000001474. Education, 1200000575; Fayette County University of Kentucky Research UNIVERSITY OF KENTUCKY Kevin Mudd and Kathy Burke discussed Board of Education, 1200000664; Foundation, 1100002514. Exponent, K12-132. Joe Crabtree the contract with the committee. A motion Morehead State University, 1200000669; discussed the contract with the committee. was made by Representative Yonts Clay County Board of Education, DEPARTMENT OF A motion was made by Representative to consider the contract as reviewed. 1200000683; Johnson County Board of ENERGY DEVELOPMENT AND Yonts to consider the contract as reviewed. Representative Horlander seconded the Education, 1200000691; Pike County INDEPENDENCE: Representative Crenshaw seconded the motion, which passed unanimously. Board of Education, 1200000695. National Energy Education motion, which passed unanimously. DEPARTMENT FOR PUBLIC EDUCATION, OFFICE OF THE Development Project, 1000000141. HEALTH SECRETARY: EDUCATION, DEPARTMENT OF: THE FOLLOWING PERSONAL University of Kentucky Research Council On Postsecondary Education, Monroe County Board of Education, SERVICE CONTRACTS Foundation, 1100002172; University 1200000014. 1000002736; Monroe County Board of AMENDMENTS WERE SELECTED of Kentucky Research Foundation, FISH & WILDLIFE, DEPARTMENT Education, 1000002736; Wolfe County FOR FURTHER REVIEW: 1100002230. Charles Kendell, Sandy OF: Board of Education, 1000002771; Scott FINANCE AND Fawbush, and Dr. Torrie Harris discussed Attorney General, 1200000215. County Board of Education, 1100002598; ADMINISTRATION CABINET - the contracts with the committee. A MILITARY AFFAIRS, Jessamine County Board of Education, DIVISION OF ENGINEERING motion was made by Representative Yonts DEPARTMENT OF: 1200000095. Sherman Carter Barnhart, to consider the contracts as reviewed. City of Elizabethtown, 1200000487. FAIR BOARD: 0700003932. Jennifer Linton and Paul Senator Carroll seconded the motion, OFFICE OF HEALTH POLICY: Louisville Fire Department, Gannoe discussed the contract with which passed unanimously. Insurance Health & Life, 1100002393. the committee. A motion was made by DEPARTMENT OF 1200000585. FISH & WILDLIFE, DEPARTMENT Representative Yonts to consider the ENERGY DEVELOPMENT AND

THE KENTUCKY GENERAL ASSEMBLY 41 INDEPENDENCE LRC Staff: Greg Hager, Committee no association governs middle school workstations in participating K-12 Economic Development, Staff Administrator; Christopher Hall; athletics, which is locally controlled. schools to a network, creating a virtual 1000000158. Lee Colten and Robert Duff Sarah Harp; Colleen Kennedy; Van Senator Smith described a situation supercomputer. Over the past 6 years, over discussed the contract with the committee. Knowles; Lora Littleton; Jean Ann in his district in which two players at two 15,000 workstations have been placed in A motion was made by Representative Myatt; Cindy Upton; Kris Harmon, schools switched schools. One was granted coal-producing districts in response to Yonts to consider the contract as reviewed. Graduate Fellow; Stella Mountain, permission to play athletics immediately, grant submissions. Senator Carroll seconded the motion, Committee Assistant; Program Review one was not. He asked how this could The research through the James which passed unanimously. and Investigations Committee Staff. Mike happen. Mr. Tackett said that each case is Graham Brown Cancer Center at the Clark; Perry Nutt; LRC Staff Economists considered separately. The process begins University of Louisville is structure-based EXEMPTION REQUESTS Office. with schools exchanging paperwork with drug design focused on developing the next TRANSPORTATION CABINET: Approve Minutes for October 13, copies sent to KHSAA. He noted that generation of chemotherapy treatments The Transportation Cabinet requested 2011 KHSAA will move toward making this that only target cancer cells with no toxic exemption from the committee’s routine Upon motion by Representative an electronic process as recommended side effects. There are 14 research teams review process for the KYTC’s Aviation Simpson and second by Representative by the Program Review report. There is with approximately 27 researchers at U of Economic Development Grant Agreements Butler, the minutes of the October 13, an initial ruling, which may be appealed L that use the grid. and will provide quarterly reports. A 2011 meeting were approved by voice to a hearing officer, whose decision may Dataseam impacts approximately motion was made by Representative vote, without objection. be appealed to the commissioner. The 100,000 students and 10,000 educators Yonts to approve the request to December Consideration of report Kentucky’s commissioner makes the final ruling for statewide. It partners with Morehead 31, 2012. Senator Carroll seconded the Community Mental Health System Is KHSAA, which rarely goes against the State University and Western Kentucky motion, which passed unanimously. Expanding and Would Benefit From decision of the hearing officer. Testimony University. Dataseam professionally ENERGY AND ENVIRONMENT Better Planning and Reporting: An and documentation may be different for certifies individuals to support the CABINET: Update (presented at October 13 cases that otherwise seem similar. technology, which results in Kentucky The Energy and Environment Cabinet meeting) In response to a question from having the largest number of certifications requested the following exemption from Representative Steele announced Senator Schickel, Mr. Tackett said that per capita in the nation. The new technology the two year contracting restrictions that consideration of the staff report on the about one-third of high school students in the schools provides new curriculum and an exemption from the committee’s community mental health system would be participate in athletics. Participation is opportunities such as multimedia and routine review process for Division postponed until the December meeting. likely to increase with three sports that video editing. It allows the school systems of Abandoned Mine Lands Waterline Follow-up to 2009 report Kentucky KHSAA plans to add: archery, bowling, to diversify their Perkins career and Memoranda of Agreements and will High School Athletic Association and competitive fishing. technical education programs. Dataseam provide quarterly reports. A motion was Commissioner Tackett updated the Coal County Computing Program provides scholarships to students at U of made by Representative Yonts to approve committee on the 2009 Kentucky High Brian Gupton introduced the L and Morehead State University. It also the request to December 31, 2012. Senator School Athletic Association report. Some following school district personnel present provides workshops for educators and Carroll seconded the motion, which passed changes recommended by the report were at the meeting: Dr. Michael Kessinger, supports the Governor’s School for the unanimously. already in the process of being made when Assistant Superintendent and Director of Arts. KENTUCKY STATE POLICE: the report came out. As recommended in Technology and Finance, Martin County Senator Smith asked why the The Kentucky State Police requested the report, the Kentucky High School Schools; Thomas Burns, Director of University of Kentucky is not a participant an exemption from the two year contracting Athletic Association (KHSAA) looked Technology, Lawrence County Schools; in the research program. Mr. Gupton restrictions; 100% Federal Funds. A at the eligibility rules of other states and Sam Williams, Head Network Technician, said that UK is welcome to participate. motion was made by Representative Yonts made three changes to the exceptions Boyd County Schools; Jill Roden, In response to a question from Senator to approve the request. Senator Carroll to the waiting period for transferring Director of Technology, Whitley County Smith, Mr. Gupton said that no technical seconded the motion, which passed students. The divorce exception was Schools; Sandy Johnson, Superintendent, and community colleges participate at this unanimously. expanded. The second change is that a Hazard Independent Schools; and Charles time. With no further business before student can transfer without eligibility Morton, Director of Technology, Harlan Representative Combs asked why the committee, the meeting adjourned at penalties if the sport he or she plays at the Independent Schools. county school districts in her legislative 11:58 AM. varsity level is dropped by the school. The district are not participating. Mr. Gupton third change is that the student now has to Mr. Gupton said the Coal County said requests for proposals are sent to Program Review sit out for a calendar year instead of for an Computing Program is a partnership school districts each year. For districts entire school year. KHSAA declined the between Kentucky K-12 schools, that do not currently participate, Dataseam and Investigations recommendation exception of a student Kentucky higher education institutions, contacts the technology officer and Committee getting married because that is rare and and private sector technology interests. It superintendent. Minutes can be considered in the due process provides workstations to schools in the coal Representative Combs suggested November 10, 2011 procedure. In April 2012, KHSAA will producing counties in Eastern and Western that Dataseam approach technical and Call to Order and Roll Call have a new rule that will allow it to put Kentucky as a part of a competitive-based community colleges to participate. Mr. The Program Review and together educational guidelines for parents grant program. The program is voluntary Gupton agreed that this was a good idea. Investigations Committee met on and other constituents on procedures for and is available to both county and Senator Smith noted that changing Thursday, November 10, 2011, at 10:00 getting waivers without jeopardizing independent school systems. from PCs to Macintoshes has been AM, in Room 131 of the Capitol Annex. KHSAA’s ability to enforce the rules. Since 2005, the program has perceived as a barrier. He asked if Representative Fitz Steele, Chair, called Representative Steele asked what produced one of the largest computing Dataseam does the initial set-up. Mr. the meeting to order, and the secretary KHSAA considered the calendar year to infrastructures of its kind. The legislative Gupton said that Dataseam does a lot of called the roll. be. Mr. Tackett said a calendar year for a foundation for Dataseam is the Kentucky the initial work. Districts are responsible Present were: particular student is one year from the last Postsecondary Education Improvement for maintenance. Members: Representative Fitz Steele, day that the student played in an athletic Act (HB 1), which created the Research Senator Smith stated that switching Co-Chair; Senators Perry B. Clark, Vernie contest. Representative Steele asked if a Challenge Trust Fund and the Kentucky systems should not be a large factor now, McGaha, John Schickel, Dan “Malano” student would have to sit out of athletics Innovation Act (HB 572). The program the upkeep is the obstacle. Mr. Gupton Seum, and Brandon Smith; Representatives for one year if the parents had to move due started in Princeton, Kentucky, funded by agreed, especially because the trend is Dwight D. Butler, Leslie Combs, David to loss of a job. Mr. Tackett replied that two grants totaling $1.9 million through toward Web-based technology. Senator Osborne, Ruth Ann Palumbo, Rick Rand, moving to a new school district has always the Kentucky Economic Development Smith commented that this is a good and Arnold Simpson. been an allowable exception. Changing Finance Authority (KEDFA). The General use of coal severance funds. His only Guests: Julian Tackett, Commissioner; schools without a change in residence Assembly has appropriated $2.5 million complaint is that more school districts Chad Collins, General Counsel; Kentucky requires that the student seek permission per fiscal year to the program since should be participating. He reiterated his High School Athletic Association. Brian to participate in athletics immediately by 2006. Dataseam reports to KEDFA and support for participation by technical and Gupton, Chief Executive Officer; G. Henry going through the KHSAA due process Kentucky Department of Education twice community colleges, even if this requires Hunt, Chief Operating Officer; Dataseam. procedure. annually, and its contract is renewable on new legislation. Jamie Eads, Director of Incentives and Representative Palumbo commended an annual basis. In response to a question from Development; Marc A. Guilfoil, Deputy KHSAA for its work. Participating school districts are Representative Steele, Mr. Gupton said Executive Director; Tim West, Assistant Senator Seum asked if KHSAA has mainly in Eastern and Western Kentucky. that training requirements depend on the General Counsel; Kentucky Racing any involvement with middle schools. Some participating districts are not coal needs of the districts and that districts Commission. David Switzer, Executive Mr. Tackett said that the trend is toward districts; they already had the technology generally take good care of the equipment. Director, Kentucky Thoroughbred more involvement related to health and and chose to participate. Dataseam Dataseam works with districts to resolve Association/Kentucky Thoroughbred safety issues. In response to a question has created a computing infrastructure hardware and network problems. Mr. Owners and Breeders. from Senator Seum, Mr. Tackett said that concept known as a grid by connecting Gupton said that the computers provided

42 2011 Interim LEGISLATIVE RECORD are mostly desktops because these are best Mr. Nutt summarized Kentucky’s Combs, Terry Mills, David Osborne, Ruth prescribing. For these complaints, 132 for grid computing. incentive funds for the horse industry. Ann Palumbo, Rick Rand, and Arnold actions were taken. Since September 1, Senator Schickel asked for a Three breeders incentive funds provide Simpson. the board has opened 28 new prescribing breakdown on what each county has financial awards to breeders or owners Legislative Guests: Representative cases. There were three referrals from received. Mr. Gupton said that he would based on horses’ performance in races, King. law enforcement in the past week. Since provide this information. shows, or contests. The Thoroughbred Guests: Preston P. Nunnelley, M.D., 2008, the board has participated in 18 Staff Report: The Kentucky Breeders Incentive Fund receives 80 President; C. William Schmidt, Executive training sessions with CHFS. There is Thoroughbred Breeding Industry and percent of the revenue from the sales tax Director; Michael S. Rodman, Assistant a need to work on making KASPER State Programs That Assist the Equine on stud fees, the Standardbred Breeders Executive Director; Kentucky Board real time. Physicians should be able to Industry Incentive Fund receives 13 percent, of Medical Licensure. Joe Barrows, delegate authority within the office to use Perry Nutt and Christopher Hall and the Horse Breeders Incentive Fund Executive Director; Dale Edmonson, KASPER. The existing criminal penalties presented the report The Kentucky receives 7 percent. Development funds Chairman; Commercial Mobile Radio for releasing KASPER reports should be Thoroughbred Industry and State for Thoroughbreds; Standardbreds; and Service Emergency Telecommunications reconsidered. The board will be reviewing Programs That Assist the Equine Industry. Quarter Horses, Appaloosas, and Arabian Board. Major Keith A. Peercy, Chief the recommendations of the governor’s Mr. Hall provided an overview of how horses are funded by the pari-mutuel tax. Information Officer, Kentucky State task force on KASPER. Kentucky came to dominate the horse As the number of mares bred and stud fees Police. Stephen R. Hall, Commissioner; Senator Higdon asked what breeding industry. In the past, the success have decreased, revenue for the breeders Betsy Dunnigan, Deputy Commissioner; percentage of doctors use KASPER. Mr. of a region’s horse industry has been tied and development funds has declined. Natalie Kelly, Manager, Division of Rodman said that CHFS would have that to public sentiment and local laws. An Statute requires that the Behavioral Health, Program Development information. Dr. Nunnelley said that usage example is the period when all states, Kentucky Horse Racing Commission Branch; Department for Behavioral is low. except two, largely banned horse racing. promulgate regulations establishing the Health, Developmental, and Intellectual In response to a question from For most of the industry’s history, the distribution of funds from the Kentucky Disabilities, Cabinet for Health and Senator Higdon, Dr. Nunnelley said that decisions of a few industry leaders largely Standardbred Breeders Incentive Family Services. he did not know why CHFS postponed the determined the primary location for horse Fund. No such regulations have been LRC Staff: Greg Hager, Committee KASPER alert program mentioned in the breeding in the US. This included the move issued. Recommendation 2.1 is that the Staff Administrator; Christopher Hall; documents submitted by KBML. away from and return to Kentucky by key commission do so. Sarah Harp; Colleen Kennedy; Van Senator Stine asked whether the leaders in the industry. After Kentucky’s Representative Osborne asked Knowles; Lora Littleton; Jean Ann Myatt; top 10 prescribers list is based only on return to industry prominence in the early whether staff analyzed the Canadian horse Cindy Upton; Stella Mountain, Committee the number of prescriptions or whether it 20th century, the state’s breeding industry industry. Mr. Nutt said that is a growing Assistant. takes into account the number of patients has become increasingly intertwined with market but that it was not considered for Approve Minutes for November of a practice. Dr. Nunnelley said that it is local economies. the report. 10, 2011 based on the number of prescriptions. As Mr. Nutt summarized results of Representative Palumbo asked about Upon motion by Senator Schickel part of the investigation, the board will an LRC staff survey of more than 150 the calculation of employment. She said and second by Representative Mills, look at volume and the specialty of the Thoroughbred horse breeding farms in that it seemed low. Mr. Nutt said that the minutes of the November 10, 2011 physician. the state. Half the farms have broodmares the estimate of direct employment was meeting were approved by voice vote, Senator Stine asked what kind and do some boarding, 23 percent are derived from the responses to the survey. without objection. of drugs nurses are prescribing. Dr. boarding operations, and 27 percent are The multiplier determined the indirect Consideration of report Kentucky’s Nunnelley said that nurses must have diversified. Sixty percent of the horses on employment. Other studies have looked at Community Mental Health System Is collaborative agreements with physicians the farms are owned by the farms outright the broader industry. The Program Review Expanding and Would Benefit From to prescribe and are excluded from writing or in partnership; 40 percent are boarded report only covers the Thoroughbred Better Planning and Reporting: An prescriptions for the most addictive for others. The largest sources of income breeding industry. Update (presented at October 13 meeting) drugs. for the farms are stud fees (30 percent of Mr. Switzer asked that legislators Senator Higdon announced that there Senator Stine asked about income), equine sales (24 percent), and pay particular attention to the section of would be no vote today on the report on coordination between KBML and the boarding fees (23 percent). For measures the report on taxes that Kentucky collects the Kentucky’s Community Mental Health Board of Nursing. Dr. Nunnelley said such as number of horses, income, and but that competing states do not. System report. collaborative agreements go the Board of employment, a relatively small percentage Representative Osborne asked staff Consideration of report The Nursing. KBML gets a list of physicians of farms are predominant. For example, from the Racing Commission to address the Kentucky Thoroughbred Breeding Industry with collaborative agreements, not the more than 65 percent of surveyed farms lack of regulations from the Standardbred and State Programs That Assist the Equine agreements themselves. each has 50 or fewer horses. These Breeders Incentive Fund. Mr. West said Industry (presented at Nov. 10 meeting). farmers have about 24 percent of total that money from the incentive fund was Upon motion by Representative Palumbo Senator Stine expressed her concern that horses on the farms. Farms with more merged with money in the Standardbred and second by Representative Osborne, the physicians are being closely monitored than 100 horses are less than 13 percent of Development Fund and the distribution the report was adopted by roll call vote. while nurses may not be. A physician surveyed farms, but have nearly half the has been governed by the regulations for Selection of Study Topics for 2012 could be using an agent for activities for total Thoroughbreds. the development fund. He agreed that the Senator Higdon announced that the which the physician would be monitored. Since 1991, the number of Racing Commission would promulgate committee would not vote on study topics Dr. Nunnelley said that someone from the Thoroughbred mares bred in the US the regulation as recommended in the today. A meeting will be scheduled for Board of Nursing testified at the previous has declined. Mares bred in Kentucky report. January for consideration of study topics. KASPER task force meeting. He thinks increased for much of this period but have The meeting was adjourned at 11:51 Kentucky Board of Medical the board is doing a good job of policing. declined in recent years. The number of a.m. Licensure’s Use of KASPER Data Senator Stine commented that there mares bred is shrinking but Kentucky Dr. Nunnelley provided background appears to be a lack of coordination. remains the dominant state. From 1991 to information on the Kentucky Board of Dr. Nunnelley said that KBML has no 2011, the percentage of mares bred in the Program Review Medical Licensure (KBML). The board supervision of advanced nurse practitioners. US that were bred in Kentucky increased and Investigations has requested 1,100 KASPER reports since Advanced nurse practitioners can practice from 23 percent to 43 percent. In 2010, Committee 2005, including more than 250 in 2011. in Kentucky without supervision. The 42.9 percent of mares bred in the US Minutes KASPER reports are used in investigating only requirement is for them to have a were bred in Kentucky, just less than the December 8, 2011 complaints and in monitoring compliance. collaborative agreement for prescribing 43.7 percent bred in the nine next highest Call to Order and Roll Call After the August 2011 testimony before medications. states. Data from the survey were used The Program Review and Program Review and Investigations, Representative Palumbo asked if to estimate the direct economic effects Investigations Committee met on board officials met with officials with the there is a recommendation related to of the Thoroughbred breeding industry Thursday, December 8, 2011, at 10:00 Cabinet for Health and Family Services criminal penalties. Dr. Nunnelley said on Kentucky’s economy. Staff used AM, in Room 131 of the Capitol Annex. (CHFS). The board now looks at quarterly that the KASPER report should be part multipliers developed by the US Bureau Senator Jimmy Higdon, Chair, called the trend reports. If there is a bump in an of the patient’s file, which is governed by of Economic Analysis to estimate the meeting to order, and the secretary called area, the top 10 prescribers are analyzed. HIPAA [Health Insurance Portability and indirect effects. Estimated total Kentucky the roll. The board has opened five investigations Accountability Act]. Physicians should spending associated with its Thoroughbred Present were: based on trend reports. The board has not be subject to criminal penalty for industry in 2010 was $1.58 billion ($912 Members: Senator Jimmy Higdon, modified the application for physicians releasing a KASPER report. million direct, $672.7 million indirect), Co-Chair; Representative Fitz Steele, to include questions on whether the Senator McGaha asked for estimated jobs were 17,657 (10,797 Co-Chair; Senators Vernie McGaha, physician participates in a pain clinic and clarification of whether the top 10 direct, 6,860 indirect), and estimated total John Schickel, Dan “Malano” Seum, whether the physician prescribes chronic prescribers list is based on data from earnings were $352.7 million ($167.9 Brandon Smith, and Katie Kratz Stine; pain medications. Over time, 14 percent physicians using KASPER. Dr. Nunnelley million direct, $184.8 million indirect). Representatives Dwight D. Butler, Leslie of complaints have been for inappropriate said that the top 10 prescribers list is based

THE KENTUCKY GENERAL ASSEMBLY 43 on data from pharmacists and is not limited Staff Report: 911 Services and 911 services should be among the local to identify 911 expenses; and to physicians using KASPER. Funding: Accountability and Financial governments only and should empower ●all entities that collect, receive, In response to a question from Information Should Be Improved one local government, or create a 911 transfer, or expend dedicated 911 funds, Senator McGaha, Dr. Nunnelley said that Van Knowles presented the report board, with the authority to control funds whether local or wireless or both, be approximately 40 percent of physicians 911 Services and Funding: Accountability and provide or contract for 911 services. subject to audit by the CMRS Board or are registered with KASPER, of which and Financial Information Should Be If there is a 911 board, it should designate another auditing authority. half are using KASPER but that CHFS Improved. In January 2011, the Program or contract with a fiscal agent. A 911 board The CMRS Board is responsible for would have the specific numbers. Not all Review and Investigations Committee should issue an annual audited financial reviewing the rate of the wireless 911 fee physicians need to be using KASPER. authorized a study of 911 services and statement. Local 911 fees should be every 24 months. There appear to have Senator McGaha said that low usage of funding. During the 2011 Regular Session, remitted directly to the empowered local been no reports on such reviews since KASPER is a concern. the General Assembly enacted Senate Bill government or 911 board. The General 2005. The 2005 report did not clearly Representative Combs asked when 119, which required the CMRS Board Assembly may wish to consider codifying explain how it reached its conclusions. the board began asking the two new to collect information and evaluate 911 some or all of these terms. However, the statute is unclear whether questions on applications. Dr. Nunnelley funding and expenditures. The bill also The CMRS Board is the state agency reports are required. replied that the application has just been required legislative staff to assess funding that is responsible for overseeing wireless Recommendation 3.1 changed. options. This draft report describes 911 service. It ensures that PSAPs can The General Assembly may wish to In response to a question from Program Review staff findings and serves handle enhanced wireless 911 calls consider modifying KRS 65.7629(4) to Representative Combs, Dr. Nunnelley as the LRC staff response to Senate Bill correctly. PSAPs that are certified receive clarify whether the CMRS Board should said that the prescribing nurse would 119. CMRS funds. The board requires certified report on the sufficiency of the rate of be considered the responsible party Public safety answering points PSAPs to pass a geospatial audit to verify the CMRS service charge at least once in prescriptions under collaborate (PSAPs) receive 911 calls. Kentucky that a PSAP can locate wireless 911 every 24 months using its audits and the agreements. has 93 locally operated PSAPs that are callers. information gathered under KRS 65.7630 Representative Combs commented certified to handle enhanced wireless 911 Recommendation 2.3 and should report the methodology and that another reason for KASPER reports calls. Most serve one or more counties As it has proposed, the CMRS Board findings of each review to the governor, is for physicians to see what other drugs including their cities. Some serve only should make passage of a geospatial audit LRC, and other officials. are prescribed for the patient by another one or more cities, and some serve only a prerequisite for certification of a public The wireless statute does not refer physician and that there is no conflict in county areas outside cities. Six counties safety answering point and should specify to local governments but rather names taking the newly prescribed drugs. This is have only basic landline 911 service. All an ongoing program of geospatial audits. “PSAPs” to receive funds and be subject an issue particularly with seniors. Kentucky counties have enhanced wireless The board should also ask its auditors to audits. PSAPs have no standing as fiscal Representative Steele asked what 911 service. to include sufficient testing to assess the agents. A local or state authority operates the procedures are for investigating a In order to provide complete location service accuracy of wireless each PSAP and handles its funds. The physician and whether any physician enhanced wireless coverage, the Kentucky providers in each jurisdiction and to wording has limited the CMRS Board’s could be investigated, not just those State Police answers calls for 30 counties. record that information in their geospatial ability to distribute and audit state 911 using KASPER. Dr. Nunnelley said For some of those counties, KSP answers audit reports. funds. that any physician may be investigated. both landline and wireless calls. The Funding for 911 includes local 911 Recommendation 3.2 The board does not stop a physician’s Kentucky State Police serves counties that fees, local general funds, and the state 911 The General Assembly may wish to practice immediately. KASPER is used have no PSAP or are not able to handle wireless fee. The Kentucky State Police consider whether to amend KRS 65.7621 to get information on patients who may enhanced wireless 911 calls. Each of the also uses some state general funds to to 65.7643, when referring to distributing be abusing drugs. Patients’ charts are 16 posts has a PSAP. operate its PSAPs. Permitted uses of local and auditing funds, to replace the term reviewed. A license may be revoked or Responsibility for 911 is split 911 fees are unclear and differ from the “PSAP” with a reference to state or local prescribing authority may be restricted. between state and local governments. permitted uses of the state 911 fee. Controls government authorities responsible for The board has closed practices when the Local governments, which have primary on 911 funds are inconsistent. Local 911 911 services. The General Assembly may allegations were serious enough. responsibility, operate PSAPs or arrange funds are only occasionally subject to also wish to clarify how wireless funds In response to a question from for 911 coverage and generally raise audit. Local accounting procedures can should be distributed and controlled when Representative Steele, Dr. Nunnelley the bulk of funds for 911 service. State make it difficult to perform audits of local local governments obtain 911 services said the time frame for making a decision government, through the CMRS Board, and wireless 911 funds. The wireless fund from a state agency, and whether wireless ranges from immediate to 6 months. ensures that wireless calls are handled audits might not reach all the entities that funds distributed on behalf of a certified In response to a question from properly and distributes wireless 911 handle wireless funds because the CMRS PSAP may be used to assist a noncertified Senator Stine, Mr. Rodman said that the funds. Board’s authority is limited to auditing secondary PSAP to handle wireless geographic connection is to the prescriber, In many places, local governments PSAPs, and the board has audited only enhanced 911 calls. not the pharmacy. Dr. Nunnelley said work together on 911 services. A common a selection of PSAPs during each 2-year Local and wireless 911 funds are that the board has access to reports based arrangement is a city that operates a audit cycle. The board also audits wireless insufficient to cover the costs of most on the location of the prescriber and the PSAP for an entire county. Some local providers to verify fee collection, selecting PSAPs, so they receive supplemental pharmacy. governments formed interlocal boards some providers for each 2-year cycle. general revenues from local governments. In response to a question from that receive revenues and make budget Recommendation 2.4 However, some local governments and Senator Stine, Dr. Nunnelley said that decisions. Local control may be limited The General Assembly may wish to interlocal boards that contract with the there are physicians who dispense drugs. in city-county arrangements and with clarify the CMRS Board’s audit cycles Kentucky State Police have accumulated There are not many but the number is interlocal boards and other arrangements. for providers and authorities that operate 911 fund surpluses. The statutes do not increasing. A physician cannot delegate Recommendation 2.1 PSAPs. Regarding providers, the General provide guidance on surpluses, except to the authority to dispense to another person All arrangements for 911 services that Assembly may wish to consider whether limit them to the original purpose. in the office. involve more than one local government the board should audit all providers, all Recommendation 3.3 Senator Smith said that methadone should be made by written interlocal major providers with a sample of minor The General Assembly may wish to clinics dispense in house and do not report, agreement. An interlocal agreement for providers, or a sample of providers every limit the amount of 911 funds that a local so someone could go from a methadone 911 services should be among the local 24 months. Regarding PSAP authorities, government may hold in reserve for future clinic to a pain clinic. Dr. Nunnelley governments only and should empower the General Assembly may wish to clarify expenses and to require local governments said that the board did not have data on one local government, or create a 911 whether all should be audited every 24 to reduce 911 levies or return state wireless the volume but realizes this is a problem. board, with the authority to control funds months or whether a rotating cycle of funds when revenues exceed costs. It is also an issue that the Veterans and provide or contract for 911 services. audits should be permitted. In the absence Kentucky law permits local Administration does not use KASPER. If there is a 911 board, it should designate of such clarification, the board should governments to levy any 911 fee Senator Smith said that deaths are or contract with a fiscal agent. A 911 board audit all providers and all PSAP authorities permissible under the Constitution and occurring because prescribing physicians should issue an annual audited financial every 24 months. statutes. The 911 statute specifically do not know about the methadone statement. Local 911 fees should be Recommendation 2.5 permits local governments to levy a fee use. The state has tried to address this remitted directly to the empowered local The General Assembly may wish to on landline phone service. Most local but methadone clinics are federally government or 911 board. The General consider requiring that governments have chosen to levy a fee recognized. Dr. Nunnelley said he was at Assembly may wish to consider codifying ●local and wireless 911 revenues be on landline phones. Others levy no 911 a recent meeting in which federal officials some or all of these terms. maintained in separate restricted funds to fee at all. Landline fees range as high as said that they were working on a solution. Recommendation 2.2 ensure expenditures from these funds are $4.25 per month. The state wireless fee is Senator Higdon asked if there has All arrangements for 911 services that easily auditable and distinct from other 70 cents per month per device. As a result been any success in recent months in involve more than one local government local funds; of differing local and state fees, there are closing pill mills. Mr. Rodman said that should be made by written interlocal ●each entity operating a PSAP create disparities among jurisdictions and among the board is close to bringing some cases. agreement. An interlocal agreement for a 911 cost center or have some other means types of phone service. In the past, most

44 2011 Interim LEGISLATIVE RECORD households paid one landline fee. Now, to collect the information and report it providing 911 service at significant cost Representative Palumbo read from individuals with multiple devices pay to the LRC. The board was unable to savings. The 911 service provided by the page x of the report: “Program Review multiple fees. complete the data collection in time for Kentucky State Police appears to have staff examined the options for a point of Regarding choices for 911 funding, this draft. Because of the complexities inconsistent quality. Some local authorities sale fee and found that it distributes the the basic choice is whether to pay for 911 of 911 oversight and funding, the board were pleased with the service and others fee burden unevenly and has opportunities services entirely with general revenues at probably will need to send staff out to the reported dissatisfaction. for potentially large losses of revenue.” the local or state level. The public safety field to collect the information. It is also Recommendation 6.1 In response to her question, Mr. Knowles community has expressed concern that important to have information about the The Kentucky State Police should said that staff stood by that statement. 911 would not receive enough funds using pricing of landline 911 phone service and conduct a review of its 911 services Referring to the presentation, general revenues. The current method the 911 costs of wireless providers. to counties, including response time Senator McGaha asked whether those uses fees dedicated to 911 purposes, but Recommendation 5.1 measures, compliance with local protocols, not contracting with the state police those fees do not cover all 911 costs, so The CMRS Board staff should visit and satisfaction of local responder were incurring funding surpluses. Mr. some general funds are also used. The all PSAPs and related local governments agencies. Knowles said that staff did not contact choices here are what 911 costs should and boards initially to establish who has Next generation 911 over the Internet all PSAPs. Of those contacted, only state the dedicated fees apply to, and whether the information required by SB 119 and to has potential for cost savings and improved police contractors have surpluses. Senator the fees should pay for all or just part validate the information. Afterward, CMRS service. The CMRS Board is positioning McGaha asked why this would be the case. of 911 costs. Dedicated 911 fees could Board staff should visit all PSAPs and itself to implement the transition as soon Mr. Knowles said that the state police do be charged to individuals, households, related entities periodically to verify SB as possible. not collect the full amount for the services businesses, phone service providers, or 119 data or should include data validation Representative Palumbo asked for provided. In response to a question from some combination. There also are choices in its audit contract. The General Assembly clarification that law enforcement is Senator McGaha, Major Peercy said that about the basis of a 911 fee. Options may wish to consider permitting the board dissatisfied with 911. Mr. Knowles said some of the agreements with localities include a property tax surcharge, sales to allocate funds to these tasks beyond the that in areas for which the Kentucky are old and have not kept up as salaries tax surcharge, other tax surcharges, a current administrative fund limit. State Police handles 911 calls, local law and fringe benefits of personnel have fee on phone service, or a fee on other Recommendation 5.2 enforcement seems to be more dissatisfied increased. utilities. Fees might be levied by local The CMRS Board should compile a with services provided than are fire and Senator McGaha asked why the governments only, by the state only, or by complete statewide 911 financial statement emergency officials. state police have not been successful in a combination. If there are multiple 911 that shows all revenues contributing to and Representative Palumbo noted the renegotiating contracts. Major Peercy fees, should they be the same statewide or all costs of providing 911 services, covering disparity in a local landline fee of up to said that local governments have balked should they vary? Another choice, if 911 all primary and secondary, certified and $4.25 per month and the 70 cents per at paying higher costs and that the state fees are levied by the state, is how the fees noncertified PSAPs, including month state wireless fee. police did not want to discontinue a should be distributed. Choices include all dedicated 911 funds starting at Representative Steele noted that service that is part of the state police’s uniform distribution to local jurisdictions their source and indicating all entities that the fee for postpaid cell phone plans is mission. In response to a question from or continuing the current method that gives handle them; 70 cents per month but that 39 cents per Senator McGaha, Major Peercy said that, more support to smaller communities. month is collected for prepaid cell phone in effect, funding has to be supplemented Existing dedicated 911 fees apply all other funds that flow to PSAPs plans. He asked why there would be such a with general funds. to phone lines and devices. The fee for starting at their source and indicating all difference. Mr. Knowles said that prepaid Senator McGaha asked if the state postpaid service—that is, the traditional entities that handle the funds; providers send 70 cents per $50 of valued police generally charge less than what wireless contract service—is 70 cents use, which works out to much less than 70 local governments would have to pay per month per phone. The current fee itemized costs of operating each cents per device. otherwise. Major Peercy replied yes; for prepaid wireless service generates PSAP; Senator Schickel commented that the the state police only charge for the extra significantly less per phone. One of the report focused on funding but that the issue dispatchers that would have to be used. prepaid fee options probably generates the source and full value of facilities, of service is important. The dispatch unit Senator Schickel asked if the state less than 39 cents. Some prepaid providers services, or other items received by PSAPs can be remote from the community, which police plan to get more involved in challenged the existing 911 fee, but so at discounted or no cost; for which a PSAP can reduce the quality of service. This is dispatching. Major Peercy replied that the far courts have said Kentucky’s law otherwise would have to pay; one of the most important reports he has state police does not advertise the provision applies. The decisions are being appealed. read; it concerns life and death matters. of 911 services but has always agreed to Their prepaid business model has led costs of operating any advisory Senator Schickel asked what provide such services when requested. some providers to pay some of the 911 and management boards and any other percentage of PSAPs are operated by This would have to be rethought if a large fee themselves rather than collecting it activities necessary to manage and operate boards versus under police chiefs or county requested services. directly from their customers. a PSAP, including any costs incurred sheriffs. Mr. Knowles said that this would Representative Simpson said that a In order to accommodate the prepaid between a funding source and the PSAP; be difficult to determine but that staff major cost driver is equipment upgrades. business model, the wireless industry would look into this. He asked what equipment costs are and proposed, and the National Conference of the value of non-911 tasks performed Senator Schickel asked if there are whether these costs are being passed State Legislatures adopted, a model bill for by PSAP staff; and any reports on the information on callers along. Major Peercy replied that it costs a point of sale 911 fee on prepaid service. any cash balances, other assets, that is stored in 911 systems. Mr. Knowles $64,000 per quarter in maintenance The draft report shows that the model bill and liabilities related to providing 911 said that staff did not look at this for the fees for dispatch systems and $450,000 would create an uneven fee burden and has services. report but realizes that it is an issue. per year in maintenance for the record opportunities for potentially large losses. Senator Schickel cited the recent management system. Overall, it is If the target is to collect an average of 70 Recommendation 5.3 example in Pennsylvania of a problem approximately $700,000 per year. The cents per phone, as the postpaid fee does, As part of the statewide 911 financial in getting assistance to an Amish school. costs are not passed on. In response to a then the model bill would probably miss statement, the CMRS Board should Dispatchers were located far away and question from Representative Simpson, the target by around 50 percent. Other ●examine 911 fee collections were not familiar with the community. Major Peercy said that equipment was last losses could occur because of interstate on all phone service plans for all The Louisville system looks like a good replaced in 2005 and 2006. sales over the Internet and other sellers telecommunications providers, including mix. Mr. Knowles said the Jefferson Representative Simpson asked who might not collect the fee. The draft the amounts that providers keep to cover County system provides for five cities in whether he should advise Covington to report presents features that probably 911 fee collection costs; the county outside Louisville to have their request that 911 services be provided would reduce the uneven fee burden ●determine the amounts paid to own dispatchers. through the state police. Major Peercy somewhat and would more likely meet the all telecommunications providers for Referring to the presentation, Senator said yes. revenue target. delivering 911 calls to PSAPs, whether Stine said the CMRS Board is to review Senator Higdon quoted from the Regarding funding decisions they are reasonably caused by 911, and the rate of the wireless 911 fee every 24 report that there is no true 911 system. He in general, the draft report makes no whether they represent the actual cost to months but that there appear to have been asked for an elaboration. Mr. Knowles said recommendations because of limited deliver the calls; and no reports on this since 2005. She asked that each local jurisdiction has its own fees information. It would be helpful first to ●assess the need for continued if staff are aware whether such reviews and funding. There is no central oversight. have a statewide 911 financial statement wireless provider cost recovery. occurred. Mr. Knowles deferred to CMRS PSAPs may not be able to assist and showing all costs and all revenues applied Consolidation of PSAPs appears to officials. communicate with each other. Complete to 911 services. improve the level of service and flexibility Referring to the presentation, Senator coverage exists, but it is not uniform. Senate Bill 119 effectively asked for a in responding to emergencies, but cost Stine noted that the CMRS Board had not Senator Higdon noted that there are statewide 911 financial statement showing savings are modest and may not appear yet determined the cost and contributions more cell phone calls to 911 than from the costs for delivering 911 services and immediately. Some local governments of different revenue sources as required by landlines but that landlines pay more. the revenues used to pay for them. The bill have developed innovative methods of Senate Bill 119. She asked why the delay. Mr. Knowles said that this is an issue to gave the CMRS Board the responsibility Mr. Knowles deferred to CMRS officials. consider.

THE KENTUCKY GENERAL ASSEMBLY 45 Representative Palumbo asked point of sale system. 3) Repeal the 2006 the same towards the system. Mr. Barrows payment. why the report distributed today is two amendments and return to the original said the current situation would not exist Senator Higdon said that according pages shorter than the report sent earlier process whereby all providers remitted 70 if the formula in the 2006 amendment was to a 2000 report, there were 214 providers to committee members. Mr. Knowles cents per cell phone per month. not faulty. providing services to about 6,400 children. said the only substantive revision was He provided statistics to illustrate the Representative Palumbo noted He asked how many there are now. Ms. to remove text on Texas’s point-of-sale disparity in funding sources for 911 service. that point of sales collects up front. Mr. Kelly replied that there are 56 providers figures, which were subsequently found From 2001 to 2011, the number of wireline Barrows said that there would be leakage serving 5,764 children enrolled in the to be unreliable. Otherwise, duplicative subscribers in Kentucky decreased from among the 20,000 retailers that would be Impact Plus program. material was removed. He said that staff 2.3 million to 1.85 million; the number of collecting the fee. There is a lack of good In response to questions from Senator could provide the list of revisions. wireless subscribers increased from 1.28 information from other states. It is simpler Higdon, Ms. Kelly said there are no legal Senator Stine quoted from KRS million to 3.38 million. Wireline users to collect from the relatively small number requirements for frequency of audits. 65.7529 on the requirements of board now account for 35 percent of 911 calls; of wholesalers. If doing point of sale, the Audits are done every 24 months on a to submit annual audit reports and to cell phone users account for 65 percent. system has to be adequate and changeable. rotating basis. There is a scoring rubric “develop standards and protocols for the However, only 15 percent of total 911 The board should be given the authority to based on the regulation, the program improvement and increased efficiency of revenue in Kentucky comes from the state change the formula. manual, and the contract that the provider 911 services in Kentucky.” She asked if wireless fee. The remainder comes from In response to a question from signed. The rubric is broken down into an there was any evidence that CMRS was local fees (40 percent), typically landline Representative Palumbo, Mr. Barrows said overall comprehensive score, and then a meeting the requirements of the statute. fees, and local general funds (45 percent). that the board has read the staff report and clinical review and a billing review. The Mr. Knowles said that there have been Senator Stine said that 911 is one of has looked at the staff recommendations. standards do not change each year and are grants to promote increased services. The the primary interfaces that people have Mr. Barrows said that the Board has been based on the regulation, the contract, and board is only authorized to audit the use of with government. Based on the existing in litigation with a company that stopped the program manual. wireless funds and not the landline funds. statute and Senate Bill 119, it does not paying after the 2006 changes because they Senator Higdon asked how something The Program Review draft report covers seem that the issues are being addressed wanted the board to adopt a regulation on could be classified as a clerical error in one the lack of required reporting by CMRS. that there be consistency in service and point of sale. Mr. Barrows said he cannot case and fraud in another. Mr. Hall said Senator McGaha asked whether that everyone is treated equally. She comment on the board’s behalf. that the department does not determine the state police system has the capability asked for a status report, specifically why Senator Higdon said that the staff fraud. Senator Higdon asked how there to bridge the gaps among local systems. the reporting requirements of SB 119 report said that 15 companies are not can an allegation of fraud against a Major Peercy said that broadcasts can have not been met. Mr. Barrows replied paying the fee. Mr. Barrows said that only service provider if the department does be made on the state mutual aid system. that the substance of what CMRS has three companies are not paying; the other not determine fraud. Mr. Hall said that if Systems deal with misrouted calls by accomplished is as good as any state. He 12 companies are not doing business in a billing does not make sense, it would be telephoning. said that audit reports were being done and Kentucky. referred to the Office of Inspector General Mr. Barrows responded to the that annual reports have been done since Upon motion by Representative (OIG). Senator Higdon asked whether the report, which he said communicates 2010. He is a proponent of Senate Bill 119 Palumbo and second by Representative department waits for action by OIG before the complicated landscape of the 911 but noted that he has a staff of three. Mills, the report 911 Services and Funding: eliminating a provider. Mr. Hall said that system, demonstrates a comprehensive Senator Stine noted that there are Accountability and Financial Information the department is not involved in looking understanding of the issues, and makes some jurisdictions with surpluses. Mr. Should Be Improved was adopted by roll for fraud. The most important thing is strong, achievable recommendations to Barrows said that they are few in number call vote. that children continue to receive services. the General Assembly and state and local and surpluses are likely due to local Impact Plus Senator Higdon asked whether there are agencies. The mantra of CMRS is that funding. Senator Higdon commented children not getting services due to an each cell phone device should support Senator Stine asked whether the that he had experienced difficulties agency being terminated. Ms. Kelly said the system the same by paying the same board has reported on the reviews of the communicating with the department that everyone got a new provider. 911 fee of 70 cents per device monthly. rate of the wireless 911 fee that the statute regarding Impact Plus. Mr. Hall apologized In response to a question from Senator Currently, the contribution for cell phones requires be done every 24 months. Mr. for any issue there has been, and said that Higdon, Mr. Hall said the department using prepaid plans is 38.5 cents per Barrows said that no reviews have been the department is as open as possible. follows KRS 45A in terminating month; the contribution for cell phones located since 2005. The thinking was Senator Higdon asked for subcontractors. The department has due using postpaid plans is 70 cents. that increasing the fee would be the only clarification that providers contract with process rights but the providers do not. Prior to 1998, local governments reason to do a report, and a fee increase the Department and not CHFS. Mr. Senator Higdon asked whether negotiation implemented local 911 service with the seemed unlikely. Hall said that the department is the only can occur with CHFS directly and bypass entire cost paid locally. Most localities Senator McGaha asked what provider that has an agreement with Impact Plus. Mr. Hall said not for Impact established a dedicated funding source, percentages of the 3.6 million cell phones Medicaid, which subcontracts to those Plus. typically a fee on landline phone bills. in Kentucky are prepaid and postpaid. Mr. who provide the services. The department Senator Higdon asked which MCOs Currently, 110 counties have such fees, Barrows said that the industry standard is follows Kentucky contract law in dealing are not paying promptly and whether which range from $.50 to $4.50 per month. that 20 to 21 percent of cell phones are with subcontractors. prompt pay laws come into play. Mr. Hall This generates $30 million to $35 million prepaid. This percentage is increasing due Senator McGaha asked for an said that he was unsure. per year in total. State support of 911 to consumers moving from postpaid to explanation of what is going on with Representative Steele asked how began in 1998 with the establishment of prepaid. managed care and reimbursement of penalties are determined for slow payment a 70-cents-per-month cell phone fee. For In response to a question from providers. He is hearing from providers and whether the department works with the 2003 to 2005 period, many providers Senator McGaha, Mr. Barrows said that who have not been paid and are having MCOs to get payment. Mr. Hall said that stopped remitting fees on prepaid services, if prepaid plans paid the 70 cent rate, it trouble remaining in business. Mr. Hall said the department works with MCOs on which cost CMRS millions of dollars. In would generate an additional $3 million to that the department has been paid much payments daily. July 2006, amendments to the 1998 state $3.5 million. less than expected. So far, $34,889 has Representative Steele asked how law created a dual system of calculating Representative Palumbo noted that been paid and payments should have been subcontractors are chosen and how it is the 911 fee on wireless devices based 21 states, including Kentucky’s border closer to $600,000. When the department decided which ones not to keep. He said on whether a phone plan was prepaid or states, have adopted point of sale. She gets a bill, it is being processed within 3 that some have better reports than others postpaid. The amendments have cost the asked why the board did not adopt Option days. Senator McGaha asked if the MCOs and are still dismissed. Ms. Dunnigan CMRS fund $15 million in total. Annual C from the statute when it realized that the are not sending the bills to the department. said that the department follows contract CMRS fund revenue stabilized at $24 state was losing money. Mr. Barrows said Mr. Hall said that is correct. The providers language and contract protocol in KRS million in FY 2009. it was 20 states and District of Columbia are having difficulty with billing so there 45A that all state government follows. The goal for 911 funding is to and that there are variations among states. is a need for more training. Mr. Hall said that the department does re-establish the equity and uniformity It would be a competitive advantage for In response to a question from not just pick and choose contractors. Ms. between prepaid and postpaid devices. Kentucky retailers not to have point of sale Senator McGaha, Mr. Hall said that he Dunnigan said that credentialing is part of There are three options to do this. 1) if surrounding states did. The board did not did not know if MCOs are paid monthly. the contracting process; there is ongoing Amend KRS 65.7635(1)(b) to change the know that the state was losing $15 million Senator McGaha said that without quick monitoring of credentialing. amount by which a prepaid provider’s total until recently. A point of sale plan by the action, there will be not Impact Plus Senator Higdon asked what actions revenue is divided to a number that would board would not have gotten through the services in his part of the state. Mr. Hall are taken when problems are found. Ms. produce the same revenue per device as administrative regulation process. Where said that this would be a tragedy. Kelly said that the department does a for postpaid plans, and grant authority to point of sale has been adopted, it has not Senator Higdon said that MCOs review with the rubric score. A corrective revise this number as necessary to maintain produced an equivalent amount. were paid November 1 for a month’s of action plan may or may not be issued. If equivalent revenue per device. 2) Adopt Representative Palumbo said that she services. His assumption is that MCOs issued, the department works with the another method of collecting revenue did not necessarily agree with this. She took the first month’s payment but started provider on corrective action. In response from prepaid devices, for example, a retail agreed that the two phones ought to pay making payments with the December 1 to a question from Senator Higdon, Ms.

46 2011 Interim LEGISLATIVE RECORD Kelly said that a comprehensive score of be wrong. Ms. Dunnigan said that there is the October 31, 2011 meeting was made In response to questions by students, less than 85 percent would raise a red flag. no prohibition on reenrollment. Therapists by Representative Wuchner, seconded by Dr. Campbell stated that people do not In addition, if either the clinical or the could work for another agency. Senator Pendleton, and approved by voice need to take nutritional supplements if billing review scores below 80 percent, a vote. they eat the right foods. Dr. Esselstyn corrective action plan will be issued. Representative King said that is has The China Study stated that every time we eat meat, even in In response to questions from been extremely frustrating for her to get T. Colin Campbell, Ph.D., Jacob small amounts, it injures the body. Senator Higdon, Mr. Hall said that a responses from Impact Plus. Ms. Dunnigan Gould Schurman Professor Emeritus In response to a question by contract would be terminated because of said that she would look into that. of Nutritional Biochemistry, Cornell Representative Wuchner, Dr. Esselstyn a lack of follow-through on a corrective The meeting was adjourned at 1:12 University, Project Director, China- stated that the plant-based diet emphasizes action plan. Ms. Kelly said that cases in p.m. Oxford-Cornell Diet and Health Project, eating more nutritional foods, not physical which significant deficits are found in stated that the body mass index (BMI) activity. Dr. Campbell stated that when a review would be referred to OIG. Mr. is used to determine if someone is people change to a healthier lifestyle, Hall said that if the department decides to Task Force on overweight or obese. To determine BMI, they have more energy and become more terminate a contract, the provider would Childhood Obesity one must take body weight, divide it by active. be given the recommended 30-day notice. Minutes of the 6th Meeting height, and multiple the total by 704.5. In response to a question by Senator Ms. Kelly said this has happened only of the 2011 Interim Sixty-three percent of adults with a BMI Kerr, Dr. Esselstyn stated that it is the twice in the history of the program. November 15, 2011 greater than 25 are overweight and a BMI caffeine in coffee that is bad, not the Ms. Dunnigan said there is confusion Call to Order and Roll Call over 30 are obese. Thirty-two percent of coffee. among providers regarding the new The sixth meeting of the Task African-American males and thirty-nine In response to questions by Senator procedures for submitting electronic forms Force on Childhood Obesity was held on percent of females are obese. If a child Pendleton, Dr. Esselstyn stated that eating and paperwork to MCOs. The department Tuesday, November 15, 2011, at 10:00 is overweight by age 8, there is a high the wrong foods even in moderation can is working with MCOs to sponsor group a.m., in the chamber of the House of probability the child will become an obese kill someone. It is essential to teach our training on this. Representatives on the Third Floor of the adult. Obesity leads to increased deaths and children good eating habits. Dr. Campbell Senator Smith said that a corrective Capitol. Representative Tom Riner, Co- serious disease such as heart conditions, stated that foods are addictive, but habits action plan presumes that a situation can Chair, called the meeting to order at 10:08 high blood pressure, diabetes, and others. can be changed. People need to learn the be rectified. He asked whether providers a.m., and the secretary called the roll. Costs of treatment for obesity can be benefits of a different, healthier lifestyle always get the opportunity to make Present were: deducted as a medical expense. If obesity and set goals to make the changes. corrections. Mr. Hall said not always. Members: Representative Tom is an independent disease, there is a drug Representative Riner stated that we have Senator Smith said that the approach Riner, Co-Chair; Senators Tom Buford, solution, but if obesity is a component of the responsibility to be role models of should be the same for all vendors. He Jimmy Higdon, Alice Forgy Kerr, and many diseases, it is a diet solution. Cutting good health and lifestyles that will affect asked whether some current vendors Joey Pendleton; Representative Addia calories is dieting, not a lifestyle change longevity and productivity. have missteps for which others have been Wuchner. like the whole food, plant-based diet. In response to questions by terminated. Mr. Hall said no. Senator Guest Legislators: Senator Joe Optimum nutrition is best obtained Representative King, Dr. Campbell stated Smith asked if everyone gets a chance to Bowen, and Representatives John “Bam” by plant-based diets consisting of whole, there are different ways to measure obesity make a case. Ms. Dunnigan said not the Carney, Dwight Butler, Kim King, Terry unprocessed vegetables, fruits, grains, besides BMI. Children are becoming two vendors with significant problems Mills, Mike Nemes, Fred Nesler, Sannie legumes, nuts that enhance health and overweight and obese because over the related to children receiving services. Overly, Wilson Stone, Greg Stumbo, and prevention of a broad range of diseases. past 30 years, they are not as active, are Senator Smith asked whether there should Brent Yonts. Plant-based foods are rich in nutrients. eating more processed foods, and are not be a presumption of innocence. Mr. Guests: Ann Coffey, University of The goals are to encourage projects and drinking more sugar-flavored drinks. Dr. Hall said the contracts allow them to be Louisville; Lynn Winter, Lynn’s Paradise programs that support whole food, plant- Esselstyn stated that drinks with high terminated within 30 days. Senator Smith Café; Danita Hines, Green Earth Nutrition; based nutrition, remove unhealthy snacks fructose levels are really bad; therefore, said it appears there was a change in a Susan and Carroll Williams; Susan and from school vending machines, restore people should drink more water. Eating longstanding policy; everyone should Taylor Readnower, and Brittney Carbajal, recess periods in schools, offer classes on meat is part of the coronary heart disease have the opportunity to be heard. Health Occupation Students of America; food use in elementary grades, and offer problem. Dr. Campbell stated that while Representative Palumbo said that Amanda Pile, Kentucky YMCA Alliance; parent sessions on rationale for nutrition wine is a plant-based extract, it still needs she has issues with the department’s Linda Harrett, Carole Bretschneider, programs. The Child Study: Startling to be used in moderation. Dr. Esselstyn procedures and how some providers Kathy Ackerman, Mary Curnutte, Amanda Implications for Diet, Weight Loss and stated that while it is okay to drink an were terminated. She has read notes from McDonley, Meg McGarry, Julie Ray, Keith Long-Term Health written by Dr. Campbell occasional glass of wine, people need to department staff regarding termination Cecil, Charlie Wooldridge, and Janet Lang, details the connection between nutrition be careful not to drink too much alcohol of an agency, and the notes were not Whole Foods; Elaine Russell, Department and heart disease, diabetes, and cancer. because it is toxic. honest. She feels that the agency was let for Public Health, Cabinet for Health and Prevent and Reverse Heart go to be replaced by another provider. She Family Services; Melba Williams; Carolyn Disease Adjournment requested that the Program Review and Dennis, Shaping Kentucky’s Future Caldwell B. Esselstyn, Jr., M.D., There being no further business, a Investigations Committee receive reports Collaboration; Judy Mattingly and Debbie F.A.C.S., Director, Cardiovascular motion to adjourn at 12:40 p.m. was made on the providers that have replaced the Bell, Franklin County Health Department; Prevention and Reversal Program, by Senator Kerr, seconded by Senator terminated agencies and the reasons the Shannon Buzard; Tim Mayer, Community Cleveland Clinic Wellness Institute, stated Pendleton, and approved by voice vote. department is giving for termination. Farm Alliance; Wendy White, health that in 2007, Dr. Lewis Kuller, University Senator Higdon and Representative Steele coach; Blake Wilson, fitness instructor; of Pittsburgh, reported all males 65 years Interim Joint Committee agreed with this reasonable request. Jan Gould, Kentucky Retail Federation; and older, and all females 70 years of age Representative Mills asked that D. Ray Gillespie, Kentucky Beverage and older, who have been exposed to the on Appropriations and financial information also be submitted. Association; Lisa Harris, Parent Teacher traditional western diet have cardiovascular Revenue Senator Higdon said that the Association; Jen Alvis, Commission for disease and should be treated as such. A Budget Review Subcommittee on department should submit to the committee Children with Special Health Care Needs; 2011 article in the New England Journal Transportation within 30 days: the final review for each Chip Ward, Office of the Ombudsman, of Medicine stated that high-density Minutes of the 4th Meeting of the two terminated subcontractors, the Cabinet for Health and Family Services; lipoprotein (HDL) efflux protects against of the 2011 Interim previous reviews for the two terminated Barry Swearingen, teacher, Health and atherosclerosis, a disease in which plaque October 27, 2011 subcontractors, the most recent review Physical Education Department, Jordan builds up inside the arteries. Arteries are Call to Order and Roll Call for each of the current 56 subcontractors, Ramirez, John Fahy, Eric Zipperle, Chris blood vessels that carry oxygen-rich blood The fourth meeting of the Budget and information on payments to Kelly, Trevor Tierney, Marquis Smith, to the heart and other parts of the body. Review Subcommittee on Transportation subcontractors. Cameron Hammon, Tyler Flaspoehler, Statins, cholesterol-lowering medications, of the Interim Joint Committee on Representative Palumbo said that Justin Osting, Edward Millay, Tanner do not increase HDL efflux capacity. Appropriations and Revenue was held one of the terminated providers had Williams, Bayley Shoptaw, Riley Waltz, A 12-year longitudinal study was on Thursday, October 27, 2011, at 10:00 perfect records in the past and suddenly Turney Sugg, Logan Proffitt, Tyler English, conducted to document the results of AM, in Room 131 of the Capitol Annex. there seem to be major problems. Sam Richardson, Adam Schroeder, and the plant-based diet and its effects on Representative Sannie Overly, Chair, Representative Mills asked whether John Paul Dyer, students, Trinity High coronary disease. The study concluded called the meeting to order, and the the department reviews diagnostic codes. School. that 18 patients had no mortality or secretary called the roll. Ms. Kelly said that this is part of the LRC Staff: DeeAnn Mansfield, Ben morbidity from the diet, and the benefits Present were: eligibility requirements. Payne, Kenneth Warlick, Katie French, of the diet improved with time. Patients Members: Senator Jimmy Higdon, Representative King asked whether and Gina Rigsby. are empowered by the knowledge that Co-Chair; Representative Sannie Overly, a contractor or employee of a contractor Minutes they are in control of the disease that was Co-Chair; Senators Ernie Harris, Ray S. could be reinstated if nothing is found to A motion to approve the minutes of destroying their lives.

THE KENTUCKY GENERAL ASSEMBLY 47 Jones II, and R.J. Palmer II; Representatives would be assessed a penalty of $200,000. “Skip” Miller, Louisville Regional Airport Dennis Parrett; Representatives Royce W. Danny Ford, Jim Gooch Jr., Jeff Greer, In response to a question from Authority, KBT Past Chairman 2009; Anne Adams, James R. Comer Jr., Tom McKee, Keith Hall, Richard Henderson, Dennis Representative Meeks, Mr. Waddle said Lawson, Elizabethtown Regional Airport, Fred Nesler, and Tommy Turner. Keene, Fred Nesler, John Short, and Jim all awards or incentives and costs would KBT Air Transportation Committee Guests: Roger Thomas, Joel Stewart III. be split by the state of Indiana by fifty Member; and Darrell Watson, President, Neaveill, Bill McCloskey, Angela Blank, Guests: Representatives Tom percent. Kentucky Aviation Association, testified Jennifer Hudnall, and Christi Marksbury, Burch, Ron Crimm, Wade Hurt, Mary Mr. Waddle stated that the low on how Kentucky’s airports attract and Governor’s Office of Agricultural Policy; Lou Marzian, Reginald Meeks, Mike bid was submitted and accepted by Hall grow businesses and jobs. Michael Plumley, Office of the Attorney Nemes, Darryl Owens, Steve Riggs, and Contracting of Kentucky, which bid an A In response to a question from General. Tom Riner. Steve Waddle, State Highway value of $13.9 million, based on the items Senator Harris regarding the Aviation LRC Staff: Lowell Atchley, Biff Engineer, and Tammy Branham, Executive of work. The B value was 135 days, or Development Fund, Mr. Lampe said the Baker, and Kelly Blevins. Director, Office of Budget and Fiscal $13.5 million. The bid used for analysis amount in the fund that should be protected The November 2, 2011, minutes were Management, Transportation Cabinet. was $27.4 million. Based on that schedule, in the upcoming budget negotiations would approved, without objection, by voice Stan Lampe, President, Kentuckians for it is anticipated that the bridge will open be between $468,000 to $531,000. He said vote, upon motion made by Representative Better Transportation (KBT). Charles around the first of March 2012. If the in fiscal year 2010 the amount of net loss Adams and second by Senator Gibson. “Skip” Miller, Louisville Regional Airport contractor actually completes the work in was $468,000 and in fiscal year 2011 the Governor’s Office of Agricultural Authority, KBT Past Chairman 2009. Anne 135 days, it will receive $13.9 million, the actual amount of loss was $531,000. Policy Lawson, Elizabethtown Regional Airport, A value. If it completes the work 50 days Representative Keene commented The committee received the monthly KBT Air Transportation Committee earlier, it could be paid as much as $18.9 that Kentucky’s airports are very critical report from Mr. Roger Thomas, Executive Member. Darrell Watson, President, million. to economic development. Chair Overly Director, Mr. Joel Neaveill, Chief of Kentucky Aviation Association. Mr. Waddle stated that due to the said that highlighting the direct impact Staff, and Mr. Bill McCloskey, Director LRC Staff: Greg Rush, Stephanie emergency situation, the Federal Highway is significant, but the indirect impact is of Financial Services, Governor’s Office Craycraft, Jennifer Anglin, and Spring Administration would provide either 25 also significant, and the airports are the of Agricultural Policy (GOAP), regarding Emerson. percent of the contract or $5 million, which welcome mat to our communities. She project funding decisions made by the Chair Overly welcomed members would be a great benefit to Kentucky. The looks forward to seeing the economic Agricultural Development Board (ADB) of the Jefferson Delegation. She then cabinet was able to tap into some interstate studies when they are complete. in its November meeting. requested a motion to approve the minutes bridge maintenance funds. Representative Hall commented that the Mr. Neaveill summarized the funding of the meetings held on July 28, 2011 and In response to a question from role airports play is very important to the allocations made under the County September 22, 2011. A motion was made Representative Meeks regarding whether economic development of Kentucky in Agricultural Improvement, Deceased by Representative Hall, seconded by there was a stipulation that Kentucky order to maintain the competitive edge. Farm Animal Disposal Assistance, and Representative Henderson, and the minutes employees be used for the project, Mr. In response to a question from Shared-use programs from the previous were approved without objection. Waddle said he would provide information Representative Nemes, Mr. Miller said month. He also recapped amendments Update on Sherman Minton to staff at a later date. Representative the airport authority would work with approved for previously funded projects. Bridge Marzian commented that Hall Contracting agencies such as the Louisville Convention Mr. Neaveill and other GOAP staff Steve Waddle, State Highway is an employee-owned company. and Visitors Bureau and the Kentucky members provided Co-chair Stone with Engineer, provided an update on the In response to a request from Chair Fair and Exhibition Board to make sure some additional information about the Sherman Minton Bridge. He said the Overly, Mr. Waddle explained that two requirements are met when major events dead livestock disposal program in Clinton bridge had been deemed unsafe due to the cracks were found that were of tremendous come in. County, such as funding sources and the discovery of a crack that was considered concern. It was determined that there were Road Fund Update locale to be used for disposal. critical. He added that although the crack a number of critical locations where this Tammy Branham, Executive Director, Next, Mr. Neaveill and Mr. was considered to be severe, it had been type of crack could occur, and the decision Office of Budget and Fiscal Management, McCloskey reviewed the board’s actions there since the bridge was fabricated and was made to plate over the entire bridge Transportation Cabinet, provided an on the following projects: the Kentucky nothing has caused it to become worse to strengthen it, which is the next best update of the Road Fund. She stated that Vineyard Society, which received over time. thing to total replacement. Chair Overly the fiscal year 2011 Road Fund revenues $515,000 in agricultural development In response to a question from commended the cabinet for extending came in stronger than expected at $73 funds to provide technical assistance Representative Henderson, Mr. Waddle the life of that useful facility, restoring million over the Consensus Forecasting and education to Kentucky’s vineyards said the weight of the additional steel was confidence in travelers driving over the Group’s estimates. When compared to and wineries for a two-year span; taken into account with the sequencing of bridge, and for making public safety first. fiscal year 2010 collections, there was Washington County Extension District the repair work. In response to a question from an 11 percent growth. She went on to say Board, $16,960 in county funds for the In response to a question from Representative Burch regarding the they anticipate growth of approximately renovation of an old tobacco barn into a Representative Owens, Mr. Waddle said rustiness of the bridge, Mr. Waddle said 5.9 percent in fiscal year 2013 over fiscal farm family educational facility; Metcalfe the crack had been isolated and further the plan is to paint portions of it while it year 2012, and growth of approximately County Fiscal Court, $7,000 in county repairs are being made. is shut down, but the priority is to make it 5.7 percent in fiscal year 2014 over fiscal funds to renovate a livestock arena at In response to a question from safe to drive on and get it re-opened. year 2013. the fairgrounds to expand access to the Representative Meeks, Mr. Waddle said In response to a question from In response to a question from grounds for agricultural events; Hopkins all awards, incentives, and costs relating to Representative Meeks, Mr. Waddle Chair Overly regarding the cost of County Board of Education, $19,000 in the bridge are being split with the state of explained that the work on expanding the gasoline remaining steady or increasing, county funds to help build a greenhouse at Indiana. He added that it is anticipated that ramps would be easier while there is no Ms. Branham replied that the average Madisonville North Hopkins High School; the bridge will reopen in March 2012. traffic in that area. wholesale price is set, not actual. Metcalfe County 4-H Council, $1,776 in In response to a question from In response to a question from There being no further business county funds to assist youth with their Representative Nemes, Mr. Waddle said Senator Palmer regarding the use of bridge before the subcommittee, the meeting was country ham projects; Kentucky Horse there would be ramifications if the project maintenance funds, Mr. Waddle stated that adjourned at 11:22 AM. Council, which was approved for $300,000 is not completed in the amount of time bridge maintenance projects are prioritized in state funds to conduct a comprehensive specified. He explained that $100,000 per and the projects that would be affected by equine survey in the state; Taylor County day had been assigned to the project as the use of those funds would not be high Tobacco Settlement Cattlemen’s Association Inc., $15,000 in the “B value,” and the cost of the closure priority projects. Agreement Fund county funds to help offer a heifer chain of the bridge was much more expensive In response to a question from Oversight Committee program to youth in the county; and the than that. He said the maximum number Representative Gooch regarding plating Minutes Kentucky Sheep and Goat Development of days the contractors could bid was 210 the main beams, Mr. Waddle said the December 7, 2011 Office, which received $40,000 in state at $100,000 per day. There is an instance plates were being bolted on, and the extra Call to Order and Roll Call funds to continue the services provided by where a portion of the B value could be weight should not present any problems The meeting of the Tobacco the office for sheep and goat producers. paid to the contractor or deducted from the because the substructures are very solid. Settlement Agreement Fund Oversight The GOAP officials responded bid. He explained that if the contractor’s Chair Overly thanked the members Committee was held on Wednesday, to questions from Senator Gibson and bid stated it could complete the project in of the Jefferson County delegation for December 7, 2011, at 10:00 AM, in Room Representative Adams about the Kentucky 100 days, at $100,000 per day the B value their attendance. 149 of the Capitol Annex. Representative Vineyard Society project. Mr. Thomas would be $10 million, which is used for Understanding How Kentucky’s Wilson Stone, Chair, called the meeting to noted that the last two state budgets had analysis only. If the contractor finished the Airports Attract and Grow Businesses order, and the secretary called the roll. earmarked $250,000 per fiscal year – to project in 98 days, it would receive a bonus and Jobs - Kentuckians for Better Present were: be drawn from the tobacco settlement of $200,000. There is a maximum bonus Transportation Members: Senator Paul Hornback, moneys going into the Agricultural amount of $5 million. If the contractor Stan Lampe, President, Kentuckians Co-Chair; Representative Wilson Stone, Development Fund – to help sustain the took two days longer than the bid stated, it for Better Transportation (KBT); Charles Co-Chair; Senators Carroll Gibson and state’s viticulture program. Under the

48 2011 Interim LEGISLATIVE RECORD current arrangement, the board itself each year’s payment is difficult to predict. granted the new round of funding. In Nevertheless, he said he anticipated 2012 addition, the University of Kentucky will payment will be about the same as this fund an extension viticulturalist position year’s payment. He responded to Co-chair in its budget. Stone that the largest yearly payment Regarding the Metcalfe County received in the past was about $120 Fiscal Court project, Mr. Thomas million. explained to Co-chair Hornback that According to Mr. Plumley’s applicants are urged to seek other funding testimony, AG’s Office has obtained sources for their projects, in addition to the 90 judgments against nonparticipating ADB funding, but apparently the Metcalfe manufacturers for MSA-related violations County applicants had explored all other since 2001. He pointed out the number of possible funding sources. compliant nonparticipating manufacturers The GOAP officials responded to Co- has dwindled in recent years, currently chair Stone that the Washington County standing at 21. The nonparticipating Extension Board owns the property on manufacturers are required by law to which the old tobacco barn is located. deposit funds into an escrow account to As discussions proceeded, Co- cover possible future court claims. The chair Stone lauded the idea of funding total in escrow at this point in time stands the greenhouse at a Hopkins County high at $45 million. school. The GOAP officials responded Regarding the arbitration, according to Senator Parrett that students attending to Mr. Plumley, $1.1 billion is in dispute; Madisonville North Hopkins would be $20 million of that would be due to using the facility. Kentucky under the MSA funding The Kentucky Horse Council project formula. prompted comments from Representatives Mr. Plumley indicated to Adams, McKee, and Stone. In particular, Representative McKee that incidents of Representative Adams said an equine nonparticipating manufacturers violating survey will be beneficial for members of dictates of the agreement and state law have the General Assembly as equine issues declined. He said NPM escrow deposits are considered. He remarked that usable are nearly 100 percent of known cigarette data on the number of pleasure horses sales. He also said SB 48 passed in the in the state has not always been readily 2009 session was helpful in dealing with available. NPM violations. Among its provisions, the Responding to Co-chair Stone, bill required that noncompliant cigarettes Mr. McCloskey explained the history of sold in retail outlets to be removed from funding for the Kentucky Sheep and Goat shelves sooner than before. Development Office. He reported the office According to his testimony, the had received $269,000 in agricultural arbitration is likely to be protracted development funds prior to the latest because MSA states must explain their funding. Mr. McCloskey pointed out the individual enforcement efforts to a three- Sheep and Goat Development Office is judge arbitration panel. Also, some states unique because it deals with two livestock could stand to lose if it is shown that breeds, rather than other associations, the agreement has not been diligently which deal with only one breed. enforced in their state. Mr. Plumley told Mr. Thomas responded to Co-chair the committee he feels Kentucky has a Stone that the board routinely urges strong case and will be successful in its commodity groups to strive toward a effort to recover withheld funds. level of sustainability, independent of the While it was pointed out that payments agricultural development funds. Co-chair due in the years following 2003 will be Stone commented that organizations like disputed, he declined to predict how those the sheep and goat group should look disputes will come out. He indicated that at the tobacco settlement funds as seed each year under the agreement is different, money that will enable them to grow. with different laws, circumstances, and companies involved. Co-chair Stone observed that it would seem that a decision Office of Attorney General MSA in the 2003 case would be a bellwether for Report future decisions. The committee received a report Documents distributed during the from Mr. Michael Plumley, Assistant committee meeting are available with General, regarding the work of his agency meeting materials in the LRC Library. in enforcing the requirements of the The meeting adjourned at Master Settlement Agreement (MSA) in approximately 11:15 a.m. the state. Mr. Plumley’s report covered three main areas – MSA payments, actions regarding nonparticipating manufacturers that are not parties to the agreement but sell cigarettes in the state, and a court case evolving from the withholding of 2003 payments by some manufacturers participating in the agreement. The case is in arbitration. On the MSA payments, Mr. Plumley told the committee that Kentucky has received $1.38 billion in tobacco settlement funds since the pact was signed by settling states and territories and major tobacco companies in late 1998. The state received roughly $100 billion in 2011. Mr. Plumley allowed that the exact amount of

THE KENTUCKY GENERAL ASSEMBLY 49 2012 Prefi led Bills

BR 4 - Representative Robert R. Damron BR 11 - Senator Ray S. Jones II place of business in Kentucky to maintain (09/27/11) (11/29/11) AN ACT relating to safety an offi ce or place of business within that inspections for offi cial vehicles. state. AN ACT relating to refunding AN ACT relating to the use of Create a new section of KRS transactions. credit history by insurers. Chapter 186 to require an annual safety (Prefi led by the sponsor(s).) Create a new section of KRS Create a new section of Subtitle inspection for vehicles owned or leased by To: Interim Joint Committee on Chapter 56 to defi ne terms and to require 12 of KRS Chapter 304 to prohibit the use the state, public postsecondary institutions, Health and Welfare that savings generated from reduced of an insured’s or applicant’s credit history local governments, boards of education, debt service payments due to a refunding for actuarial purposes for all insurance ambulance services organized by units of BR 23 - Representative Derrick Graham transaction be deposited in the budget policies, contracts, or plans; amend government within the state, and volunteer (11/29/11) reserve trust fund account. KRS 304.20-040 to conform; repeal KRS fi re department vehicles; require that (Prefi led by the sponsor(s).) 304.20-042. the inspection be done by a mechanic AN ACT relating to school- To: Interim Joint Committee on (Prefi led by the sponsor(s).) with A S E certifi cation; require affected based decision making and declaring an Appropriations and Revenue entities to present proof of inspection emergency. BR 14 - Representative Tom Burch before December 31, 2013, and annually Amend KRS 160.345 to require BR 8 - Representative Melvin B. Henley (12/09/11) thereafter; require the Transportation at least one parent representative of (06/29/11) Cabinet to promulgate administrative the school council to reside within the AN ACT relating to fi scal regulations regarding inspection standards boundaries of the local school district; AN ACT relating to taxation. responsibility of state offi cials. and out-of-service criteria for publicly prohibit nontenured teachers from serving Amend KRS 132.020 to refl ect Create a new section of KRS owned vehicles; grant Transportation on school councils unless no tenured the most recent tax rate for real property, Chapter 12 to require audits of state Cabinet the authority to suspend the teachers are willing or are available to provide that all tangible personal property agencies to be sent to the Kentucky registration for any vehicle which does serve; EMERGENCY. owned by a veterans’ organization exempt Personnel Board and reports of improper not pass inspection or for which proof of (Prefi led by the sponsor(s).) from income taxation under 501(c)(19) of fi nancial handling to be made to various inspection is not provided; provide for no the Internal Revenue Code shall be taxed state agencies; create a new section of fee to reinstate a registration on a vehicle BR 30 - Representative Joni L. Jenkins at $0.001 upon each $100 of value, and KRS Chapter 18A to require the Kentucky whose registration was suspended under (05/27/11) make other technical changes for ease of Personnel Board to review audits of state the provisions of this section; Amend reading; amend KRS 132.200 to exempt agencies, hold a hearing concerning KRS 186.065, 186.060, and 181.061 to AN ACT relating to crimes and from local taxation all tangible personal improper audit fi ndings, and remove conform. punishments. property owned by a veterans’ organization certain unclassifi ed employees; amend (Prefi led by the sponsor(s).) Amend KRS 508.025, relating to that has qualifi ed for exemption for income KRS 18A.005 to defi ne “signifi cant audit To: Interim Joint Committee on third degree assault, to include an assault taxation under 501(c)(19) of the Internal fi nding”; amend KRS 18A.075 to require the Transportation on an operator or passenger of a taxi, Revenue Code and the property is directly Kentucky Personnel Board to determine bus, or other passenger vehicle for hire used in the organization’s exempt activities; if certain unclassifi ed employees should BR 19 - Senator Tom Buford (07/07/11) within that offense; amend KRS 508.050 amend KRS 139.495 to exempt from sales be terminated under the provisions of and 525.060, relating to menacing and and use tax sales of tangible personal the Act; amend KRS 18A.115 to prohibit AN ACT relating to the disorderly conduct, to increase the penalty property, digital property, or services to a re-employment of certain unclassifi ed employment of persons with criminal for those offenses if the offense is committed veterans’ organization that has qualifi ed for employees if terminated by the Kentucky records in long-term care facilities, nursing against an operator or passenger of a taxi, exemption under 501(c)(19) of the Internal Personnel Board under the provisions of facilities, and assisted living communities. bus, or other passenger vehicle for hire. Revenue Code if the tangible personal the Act; amend KRS 43.050 to require the Amend KRS 216.789 to prohibit property, digital property, or service is used State Auditor to transmit certain audits of employment by a long-term care facility, (Prefi led by the sponsor(s).) in the organization’s exempt activities, state agencies to the Kentucky Personnel nursing facility, or an assisted living To: Interim Joint Committee on and exempts from sales and use tax Board; amend KRS 164.001 to defi ne community of all persons convicted of a Judiciary sales of tangible personal property by the “signifi cant audit fi nding”; amend KRS felony offense related to theft; abuse or organization; EFFECTIVE August 1, 2012, 164.131 to allow the Governor to remove sale of illegal drugs; abuse, neglect, or BR 31 - Representative Ron Crimm and January 1, 2013. University of Kentucky board members exploitation of an adult; or a sexual crime. (06/17/11) (Prefi led by the sponsor(s).) upon receipt of an audit of the university (Prefi led by the sponsor(s).) To: Interim Joint Committee on with signifi cant audit fi ndings; amend To: Interim Joint Committee on AN ACT relating to the promotion Appropriations and Revenue KRS 164.321 to allow the Governor to Health and Welfare of organ and tissue donation. remove board members of any of the Create a new section of KRS BR 9 - Representative Sannie Overly state universities upon receipt of an BR 22 - Representative Melvin B. Henley Chapter 141 to establish the employers’ (06/23/11) audit of a university with signifi cant audit (05/18/11) organ and bone marrow donation tax fi ndings; amend KRS 164.821 to allow credit; amend KRS 141.0205 to provide AN ACT relating to judicial sales. the Governor to remove University of AN ACT relating to out-of-state the ordering of the credit; declare short title Amend KRS 426.200 and Louisville board members upon receipt of durable medical equipment providers. to be the Living Organ and Bone Marrow 426.520 to require that in judicially ordered an audit of the university with signifi cant Create a new Section of KRS Donor Assistance Act. land sales that any appraisals of the land audit fi ndings; and amend KRS 164A.570 Chapter 216B to require the Cabinet for (Prefi led by the sponsor(s).) made pursuant to the court ordered sale to require copies of all internal audits Health and Family Services to promulgate To: Interim Joint Committee on process be publically available prior to the relating to a state university to be sent to an administrative regulation requiring a Appropriations and Revenue sale of the land. various state offi cials. provider of durable medical equipment (Prefi led by the sponsor(s).) (Prefi led by the sponsor(s).) located in another state to maintain an BR 37 - Representative Stan Lee To: Interim Joint Committee on offi ce or place of business in Kentucky (11/17/11) Judiciary BR 18 - Representative Carl Rollins II if that state requires durable medical (08/12/11) equipment providers with a principal AN ACT relating to the federal

0 2011 Interim LEGISLATIVE RECORD “Secure Communities” program. (12/15/11) forgiven; recoup unemployment insurance months, or if an individual tests positive Create a new section of KRS benefits paid to unauthorized aliens; for a controlled substance after the 60-day Chapter 17 to require all state and local AN ACT relating to bed and suspend or deny licenses; require the grace period, they must show evidence law enforcement agencies and all state breakfast establishments. Attorney General to collect and maintain of having entered a substance abuse correctional facilities and jails to participate Amend KRS 219.011 to define a database with the employers using treatment program within 14 days, during in the Department of Homeland Security, “bed and breakfast establishment,” “bed E-verify; create new sections of KRS which time, benefits may be suspended Immigration and Customs Enforcement and breakfast home,” “bed and breakfast Chapters 139, 141, 148, 154 subtitle 20, and only be payable for the benefit of any “Secure Communities” program; prohibit inn,” and “farmstay”; amend KRS 247.4015 335B, and 341, and amend KRS 141.010 children in that recipient’s home. state or local officials from restricting use to include farmstays as farm animal activity to conform. of the program. sponsors. (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) To: Interim Joint Committee on BR 62 - Senator John Schickel (12/09/11) Health and Welfare BR 41 - Senator Ray S. Jones II BR 53 - Representative Stan Lee (11/29/11) (12/14/11) AN ACT authorizing a veteran BR 68 - Senator Damon Thayer designation on operator’s licenses and (10/24/11) AN ACT creating the Kentucky AN ACT relating to employers. personal identification cards. Blue Alert System. Create new sections of KRS Amend KRS 186.412 to permit A RESOLUTION adjourning the Create new sections of KRS Chapter 335B to define terms; require a a veteran to request at the time of Senate in loving memory and honor of Chapter 16 to require the Department state or local government agency, board, application, that a personal identification Brett Patrick Benton. of Kentucky State Police to operate a or commission that issues a license, card or an operator’s license issued under Adjourn in loving memory and Kentucky Blue Alert Network to provide credential, or permit that is a prerequisite KRS 186.412 bear a designation denoting honor of Brett Patrick Benton. public notification through the use of the to a person engaging in an occupation or the applicant’s status as a veteran; amend (Prefiled by the sponsor(s).) news media and highway signs when a business to suspend or refuse to issue or KRS 186.531 to exempt operator’s peace officer is killed or seriously injured, renew the license, credential, or permit of licenses and personal identification cards BR 71 - Representative John Will Stacy and an offender who is being sought has a person who hires an unauthorized alien; issued with a veterans designation from (12/16/11) been identified; designate as the Trooper deny or suspend the license for six months initial and renewal fees. Jonathan K. Leonard Kentucky Blue Alert for each unauthorized alien employed; (Prefiled by the sponsor(s).) AN ACT relating to the Kentucky System Act. require the Labor Cabinet to promulgate Computer Decency Act. (Prefiled by the sponsor(s).) administrative regulations to ensure BR 63 - Representative Lonnie Napier Create new sections of KRS uniform enforcement. (07/05/11) Chapter 369 to define “interactive computer BR 46 - Representative Joseph M. Fischer (Prefiled by the sponsor(s).) service” and specify which Internet services (09/14/11) AN ACT relating to eligibility for the Act does not apply to; specify that BR 57 - Senator Jimmy Higdon (10/14/11) public assistance. contracts between persons in Kentucky AN ACT relating to property tax. Amend KRS 205.200 to require and an interactive computer service doing Amend KRS 132.010 to change AN ACT relating to the school the Cabinet for Health and Family Services business in Kentucky provide that any the definition of “compensating tax rate”, calendar and declaring an emergency. (CHFS) to implement a substance abuse action against the computer service be and to add definitions for “Four (4%) Amend KRS 158.070 to reiterate screening program for applicants and tried in Kentucky courts and that Kentucky rate”, and “Taxing district”; amend KRS school closure on the day of a Presidential recipients of public assistance; permit the has jurisdiction over such contracts and 132.017 and 132.0225 to conform; amend election; permit a school district to adjust CHFS to design the program and utilize any conflicting contract or warranty is null KRS 132.023 to require all taxing districts its calendar to keep schools open on testing of blood or urine or other reliable and void; specify the required registration to calculate separate real and personal the days of a regular election, a special methods of substance abuse detection; information when a person contracts with property tax rates; amend KRS 68.245, election, and a primary election if no school state conditions under which an adult an interactive computer service, including 157.440, 160.470, 210.480, 212.755, in the district is used as a polling place; person is ineligible for public assistance; name, address, and Internet protocol 65.125, 67.934, 67.938, 67A.850, 67C,125, allow a district to schedule election days permit substance abuse testing to address; prohibit use of a fictitious or 67C.147, 78.530, 132.012, 132.028, as instructional days or make-up days for occur only when a caseworker suspects “screen” name; prohibit anonymous and 342.240 to conform; create a new purposes of recouping instructional time substance abuse at the initial interview or postings on an interactive computer section of KRS Chapter 173 to require missed due to weather-related, safety, or at any other occasion when the caseworker service by a person located in Kentucky; the Department of Libraries and Archives health emergencies or other disasters; comes to suspect that the recipient is specify that an anonymous or false name to calculate tax rates for library taxing direct the Department of Education to abusing controlled substances; require posting is a Class A misdemeanor; give districts; repeal KRS 132.018, 132.024, approve school calendars amended the CHFS to promulgate regulations the Attorney General of Kentucky primary 132.025, 132.029, 68.248 and 160.473; pursuant to this Act for the 2011-2012 governing the program and testing enforcement authority for the Act and the provide that the Act applies beginning school year; EMERGENCY. including requirements that applicants pay power to enjoin violations of the Act by an January 1, 2013. (Prefiled by the sponsor(s).) for all substance abuse screening costs interactive computer service and to seek (Prefiled by the sponsor(s).) and receive a later reimbursement if the forfeiture of the Internet Web site and To: Interim Joint Committee on BR 58 - Representative Brad Montell test is passed; grant the right to additional Internet domain name of the interactive Appropriations and Revenue (10/18/11) screenings for applicants that fail a test; computer service; name the bill the require both parents in two-parent families “Kentucky Computer Decency Act.” BR 48 - Representative Ron Crimm AN ACT relating to unauthorized to comply with screening requirements; (Prefiled by the sponsor(s).) (07/29/11) aliens. require that an individual who fails a Create new sections of KRS test receive a list of licensed substance BR 74 - Representative Fitz Steele AN ACT relating to naming of Chapter 45A to require contractors who abuse treatment providers in his or her (12/01/11) public properties. have public contracts to use E-verify and area; require passage of a drug test Create a new section of KRS prohibit the hiring of unauthorized aliens before receiving benefits; permit parents AN ACT authorizing a veteran Chapter 2 to set forth the criteria for for work on a public contract; permit civil or guardians who fail a test to designate designation on operator’s licenses and the naming of public property owned, enforcement and cancellation of contracts another individual to receive benefits personal identification cards. maintained, operated, utilized, or leased by and injunctions, and impose a five year for the parent’s minor children; require Amend KRS 186.412 to permit the state or any of its political subdivisions, ban if the provisions are violated; create designated individuals to pass substance a veteran to request, at the time of including school districts; amend KRS new sections of KRS Chapter 337 to abuse screenings; create a 60-day grace application, that a personal identification 177.074 to conform. require employers with eleven or more period to enter a treatment program after card or an operator’s license issued under (Prefiled by the sponsor(s).) employees to register and use E-verify and the initial positive test; require individuals KRS 186.412 bear a designation denoting To: Interim Joint Committee on abide by federal law prohibiting the hiring to pay for a test at the end of the 60-day the applicant’s status as a veteran. State Government of unauthorized aliens; require violators to grace period, and provide that, if they pass (Prefiled by the sponsor(s).) lose tax incentives and credits, to repay that test they must pass two additional BR 50 - Representative Rita Smart grants, loans, and taxes that have been randomized testings during the next 24 BR 75 - Representative Carl Rollins II

THE KENTUCKY GENERAL ASSEMBLY 51 (08/25/11) conform. employees; EMERGENCY. supplies; EMERGENCY. (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) AN ACT relating to educator To: Interim Joint Committee on evaluation. BR 78 - Representative Carl Rollins II Education BR 101 - Senator Tom Jensen (12/16/11) Amend KRS 156.557 to require (12/15/11) the Kentucky Board of Education to BR 85 - Representative Brent Yonts AN ACT relating to drugs. establish a statewide system of evaluation AN ACT relating to local (07/29/11) Amend KRS 217.015 to include for all certified personnel; require the ordinances concerning residential care drugs containing non-liquid ephedrine, Department of Education, in partnership facilities. AN ACT relating to a high school pseudoephedrine, or phenylpropanolamine with professional organizations, to develop Create a new section of KRS technology diploma. within the definition of a legend drug; the system prior to the 2013-2014 school Chapter 65 to prevent local governments Amend KRS 156.160 to require amend KRS 217.182 to limit the amount year; require the board to establish the from imposing additional licensing or the Kentucky Board of Education to of ephedrine-, pseudoephedrine-, or weights to be applied to each performance other requirements on private agencies promulgate administrative regulations for phenylpropanolamine-based legend criteria; delete three-phase alternative that receive public funding or government a high school technology diploma; amend drugs available within any one-month evaluation plan; allow waiver of evaluation agencies, which provide group home KRS 158.7603, 158.140, and 313.040 to period and to exempt persons temporarily plan under certain conditions. services for the disabled. conform. present in the Commonwealth in certain (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) situations; amend KRS 218A.202 to To: Interim Joint Committee on To: Interim Joint Committee on include ephedrine-, pseudoephedrine-, Education BR 79 - Representative Fitz Steele Education or phenylpropanolamine-based legend (12/15/11) drugs within the coverage of Kentucky’s BR 76 - Representative Carl Rollins II BR 87 - Senator Denise Harper Angel prescription monitoring system; repeal (08/10/11) AN ACT relating to POW/MIA (07/28/11) KRS 218A.1446. flags. (Prefiled by the sponsor(s).) AN ACT relating to districts of Create a new section of KRS AN ACT relating to fingerprint innovation. Chapter 2 to define “Prisoner of War and background checks of long-term care BR 104 - Senator Dennis Parrett Create a new section of KRS Missing in Action flag,” and require that any employees. (10/12/11) Chapter 156 to define “district of innovation” such flag either purchased or displayed by Create a new section of KRS and related terms; authorize the Kentucky a public institution be purchased in the Chapter 209 to define terms and require AN ACT relating to an alternative Board of Education to approve districts United States. that adult institutional or community- high school diploma. of innovation, not to exceed five (5) (Prefiled by the sponsor(s).) based long-term care service providers Amend KRS 156.160 to require districts per year; limit initial approval conduct a fingerprint check before hiring the Kentucky Board of Education to and subsequent renewals to five year BR 83 - Representative Susan Westrom an applicant. promulgate administrative regulations periods; direct the board to promulgate (10/10/11) (Prefiled by the sponsor(s).) for an alternative high school diploma for administrative regulations to prescribe the To: Interim Joint Committee on students with disabilities completing a conditions and procedures to be used by AN ACT relating to claims against Health and Welfare modified curriculum and an individualized a local board of education to be approved the Commonwealth. course of study; amend KRS 158.140 to as a district of innovation; specify what the Amend KRS 41.370 to require BR 88 - Representative Jim DeCesare require local boards of education to award administrative regulations shall address; the state treasurer to present stale checks (07/07/11) the diploma to eligible students; amend create a new section of KRS Chapter 160 to the General Assembly for consideration KRS 313.040 to conform. to describe the requirements for a district to in each annual regular session, and to A RESOLUTION requesting the (Prefiled by the sponsor(s).) be an applicant as a district of innovation; repeal the check reissuance fee. President of the United States and the prescribe the statutory requirements with (Prefiled by the sponsor(s).) Attorney General of the United States BR 105 - Senator Dennis Parrett which schools of innovation within districts to abandon plans to try Waad Ramadan (12/16/11) of innovation must comply; require 70% of BR 84 - Representative Brent Yonts Alwan and Mohanad Shareef Hammadi in eligible employees in a school to vote in (07/12/11) federal court in Bowling Green, Kentucky AN ACT relating to the security of favor of becoming a school of innovation and to transfer them to the detention vital records. before the school is eligible to be a AN ACT relating to career facility at Guantanamo, Cuba for trial by Amend KRS 213.041 to require participant; describe the conditions under and technical education, making an military tribunal. uniformity in documents; amend KRS which a school may be exempt from KRS appropriation therefor, and declaring an Urge the President of the United 213.131 to require enhanced security 160.345 or sections thereof; and identify emergency. States and the Attorney General of the features for the certified copies of vital areas in which districts may request Amend KRS 158.812 to express United States to move the trial of two records; amend KRS 213.136 to establish approval of practices that are different legislative goals for career and technical terrorism suspects from the federal court who may obtain a certified copy of a vital than current statutory requirements. education; amend KRS 158.810 to define in Bowling Green, Kentucky to a U.S. record. (Prefiled by the sponsor(s).) terms related to career and technical Military Tribunal at the Guantanamo, Cuba (Prefiled by the sponsor(s).) To: Interim Joint Committee on education; create a new section to KRS detention facility. Education Chapter 156 to require the Department of (Prefiled by the sponsor(s).) BR 106 - Representative Tanya Pullin Education to issue core content standards, To: Interim Joint Committee (12/16/11) BR 77 - Representative Rick G. Nelson assess student progress, and develop new on Veterans, Military Affairs, and Public (11/02/11) courses relevant to college and career Protection AN ACT relating to the State readiness; create a new section to KRS Board of Medical Licensure. AN ACT relating to Kentucky Chapter 158 providing for the creation and BR 91 - Representative Julie Raque Amend KRS 311.530 to require educational excellence scholarship awards use of evidence-based models assessing Adams, Representative Donna Mayfield geographical representation among the and making an appropriation therefor. the needs of at-risk students; create a (12/06/11) licensed physicians serving on the board Amend KRS 164.7879 to raise new section of KRS Chapter 157 to define of medical licensure. the KEES minimum base award GPA from terms related to career and technical AN ACT relating to sales and use (Prefiled by the sponsor(s).) 2.5 to 3.0 for students who enter ninth education and to establish a career and tax holidays and declaring an emergency. grade during the 2012-2013 school year technical education accessibility fund; Create a new section of KRS BR 108 - Representative Melvin B. Henley and thereafter; raise from 15 to 18 the amend KRS 158.814 to address unmet Chapter 139 to provide a sales and use (07/27/11) minimum ACT score for a supplemental needs for career and technical education; tax holiday for the last weekend in July to KEES award and raise the supplemental amend KRS 158.816 to add criteria to exempt the sale or purchase of clothing AN ACT relating to children. award amount for students who enter ninth the assessment of technical education with a sales price of less than $150 per Amend KRS 72.992 relating to grade during the 2012-2013 school year students; amend KRS 18A.010 to exempt item, computers with a sales price of less failing to report a death to increase penalty and thereafter; and amend KRS 164.7874, technology center employees from than $1,000 per item, school supplies, to a Class D felony if the deceased is KRS 164.7881, and KRS 164.7885 to the count of full-time executive branch school art supplies, and school computer a child eight years of age or younger;

52 2011 Interim LEGISLATIVE RECORD create a new section of KRS Chapter 17 (07/29/11) to require a parent, guardian, or person AN ACT relating to the Great AN ACT relating to children. exercising custody and control of a child Schools Tax Credit Program. Create a new section of KRS AN ACT relating to domestic eight years of age or younger to report to Create a new section of KRS Chapter 17 to require a parent, guardian, relations. law enforcement or a 911 public safety Chapter 141 to establish a Great Schools Tax or person exercising custody and control Amend KRS 403.200, relating answering point within twenty-four hours Credit Program; provide a nonrefundable of a child twelve years of age or younger to temporary orders, to permit a court after the child has been discovered credit against the income tax imposed to report to law enforcement or a 911 to provide for wage assignment and missing; amend KRS 17.990 to make under KRS 141.020 or 141.040, and the public safety answering point within twelve automatic electronic transfer of funds for failure to report a missing child within the limited liability entity tax imposed under hours after the child has been discovered payment of spousal maintenance; set forth specified time period a Class D felony. KRS 141.0401, for contributions made to a missing; amend KRS 17.990 to make restrictions. (Prefiled by the sponsor(s).) scholarship organization that is organized failure to report a missing child within the (Prefiled by the sponsor(s).) To: Interim Joint Committee on solely for the purpose of receiving and specified time period a Class D felony; To: Interim Joint Committee on Judiciary distributing cash contributions to provide name the act “Caylee’s Law.” Judiciary educational scholarships to eligible (Prefiled by the sponsor(s).) BR 111 - Representative Richard students at qualified schools; amend KRS To: Interim Joint Committee on BR 125 - Representative Ruth Ann Henderson, Representative Larry Clark, 141.010 to exclude from the definition Judiciary Palumbo (12/16/11) Representative Dennis Horlander, of “adjusted gross income” the amount Representative Dennis Keene (07/08/11) received by an eligible student or by an BR 120 - Representative Ron Crimm AN ACT relating to presidential individual on behalf of an eligible student (07/29/11) elections. AN ACT relating to children. as an educational scholarship under the Create a new section of KRS Create a new section of KRS program; amend KRS 141.0205 to provide AN ACT relating to qualifications Chapter 118 to set forth the agreement Chapter 17 to require a parent, guardian, the order in which the credit may be for military service. among the states to elect the President or person exercising custody and control claimed. Amend KRS 211.760 to require by national popular vote; create Article I to of a child twelve years of age or younger tattoo facilities to conspicuously display allow any state and the District of Columbia to report to law enforcement or a 911 (Prefiled by the sponsor(s).) a notice in a prominent place easily seen to be a member of the agreement; create public safety answering point within twelve by patrons; set minimum dimensions of Article II to provide that member states hours after the child has been discovered BR 117 - Representative Brad Montell notice sign at 11 by 14 inches with 1 inch shall conduct a statewide popular vote missing; amend KRS 17.990 to make (11/16/11) letters; direct the cabinet to supply the sign for the election of President and Vice failure to report a missing child within the to the tattoo facilities; require the notice to President; create Article III to specify the specified time period a Class D felony; AN ACT relating to charter schools warn that any tattoo on the neck, forearm, manner of appointing presidential electors name the act “Caylee’s Law.” and making an appropriation therefor. or lower leg automatically disqualifies the in member states; create Article IV to (Prefiled by the sponsor(s).) Create new sections of KRS wearer from military service in the United provide that the compact shall take effect To: Interim Joint Committee on Chapter 160 to describe the intent of the States Armed Forces. when states cumulatively possessing a Judiciary General Assembly and the purposes of (Prefiled by the sponsor(s).) majority of the electoral votes enact the authorizing public charter schools; define To: Interim Joint Committee on agreement and allow a state to withdraw BR 112 - Senator John Schickel terms; establish the Kentucky Public Licensing and Occupations from the agreement; create Article V to set (08/25/11) Charter School Commission and identify forth definitions of the compact. membership selection and responsibilities BR 121 - Representative Ron Crimm (Prefiled by the sponsor(s).) A RESOLUTION adjourning the of members; outline the requirements and (07/29/11) Senate in honor and loving memory of limitations on the establishment of charter BR 131 - Senator John Schickel Thomas O’Daniel. schools including identification of charter AN ACT relating to the gross (08/25/11) Adjourn in loving memory and school authorizers; describe responsibilities revenues and excise tax fund and declaring honor of Thomas O’Daniel. of authorizers; describe charter school an emergency. A RESOLUTION adjourning the (Prefiled by the sponsor(s).) application, renewal, and revocation Amend KRS 136.650 to increase Senate in honor and loving memory of To: Interim Joint Committee on processes; establish the Kentucky Public the hold harmless amount for fiscal Willie Mathis, Jr. State Government Charter School Commission trust fund year 2012-2013 and every fiscal year Adjourn in loving memory and and identify uses of the fund; require the thereafter; amend KRS 136.654 to require honor of Willie Mathis, Jr.. BR 114 - Representative Leslie Combs commissioner of education to distribute the Department of Revenue to determine (Prefiled by the sponsor(s).) (10/13/11) charter school information to potential if it is necessary for a participating political To: Interim Joint Committee on authorizers; create a new section of KRS subdivision to certify its total tax receipt; State Government A CONCURRENT RESOLUTION Chapter 159 to identify student enrollment EMERGENCY. establishing a Timber Theft and Trespass and withdrawal requirements to be followed BR 132 - Senator John Schickel Reduction Task Force. by a charter school; create a new section of (Prefiled by the sponsor(s).) (08/25/11) Direct the Legislative Research KRS Chapter 161 to identify employment To: Interim Joint Committee on Commission to establish a Timber Theft conditions for charter school staff; create Appropriations and Revenue A RESOLUTION adjourning the and Trespass Reduction Task Force; a new section of KRS Chapter 157 to Senate in honor and loving memory of provide that the purpose of the task force require local, state, and federal funds to BR 122 - Representative Ron Crimm Margaret B. Deters. is to study issues regarding timber theft be distributed to charter schools using (07/29/11) Adjourn in loving memory and and trespass and to develop consensus formulas and allocation processes used in honor of Margaret B. Deters. recommendations to address those noncharter schools; amend KRS 161.220 AN ACT relating to traffic control (Prefiled by the sponsor(s).) issues; name the membership of the task to include a teacher employed by a board devices. To: Interim Joint Committee on force; require the task force to meet three of directors of a public charter school Create a new section of KRS State Government times before submitting its final report; as a member within the state retirement Chapter 189 to require local governments require its final report to be submitted to system; amend KRS 161.220 to include that have installed speed bumps or speed BR 135 - Representative Alecia Webb- the Legislative Research Commission by employees of boards of directors of public humps on a roadway under its jurisdiction Edgington (09/06/11) December 7, 2012; and provide that the charter schools in the state-sponsored to denote the speed bumps or speed Legislative Research Commission has retirement system; amend KRS 78.510 to humps using a road sign or paint them AN ACT relating to special license authority to alternatively assign the issues include noncertified employees of public so that they are clearly visible to persons plates. identified in the Resolution to interim joint charter schools in the state-sponsored traveling the roadway. Amend KRS 186.162 to establish committees or subcommittees thereof. retirement system. (Prefiled by the sponsor(s).) a Gold Star Sibling special license plate (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) To: Interim Joint Committee on and set forth required fees; provide Transportation Disabled Veterans license plates at no BR 116 - Representative Brad Montell BR 119 - Senator Denise Harper Angel charge to veterans with a 50% or greater (11/01/11) (07/11/11) BR 123 - Representative Ron Crimm service-connected disability; amend KRS

THE KENTUCKY GENERAL ASSEMBLY 53 186.166 to provide for perpetual production Propose to amend Sections 36 AN ACT relating to the Veterans’ (08/11/11) of the Gold Star Sibling special license and 42 of the Constitution of Kentucky to Personal Loan Program and making an plates; amend KRS 186.164 to require limit even-year sessions to 30 days. appropriation therefor. AN ACT relating to career the Transportation Cabinet to promulgate (Prefiled by the sponsor(s).) Appropriate $5 million during and technical education, making an regulations outlining documentation fiscal year 2012-2013 from the General appropriation therefor, and declaring an required to receive a Gold Star Sibling BR 149 - Senator Jimmy Higdon Fund for the Veterans’ Personal Loan emergency. special license plate; limit eligibility for (10/26/11) Program. Amend KRS 158.812 to express a Gold Star Sibling special license plate (Prefiled by the sponsor(s).) legislative goals for career and technical to siblings of service members whose AN ACT relating to retirement. To: Interim Joint Committee education; amend KRS 158.810 to define mothers are eligible for membership in Amend KRS 6.525 to prohibit on Veterans, Military Affairs, and Public terms related to career and technical the Gold Star Mothers of America; delay salary earned in another state administered Protection education; create a new section of KRS effective date until January 1, 2013. system from being used to determine Chapter 156 to require the Department of (Prefiled by the sponsor(s).) benefits in the Legislators’ Retirement BR 156 - Senator R.J. Palmer II Education to issue core content standards, To: Interim Joint Committee on Plan if the member does not have service (12/16/11) assess student progress, and develop new Transportation in the other state-administered retirement courses relevant to college and career systems prior to December 31, 2014. AN ACT relating to special readiness; create a new section of KRS BR 136 - Representative Alecia Webb- (Prefiled by the sponsor(s).) NASCAR license plates and making an Chapter 158 providing for the creation and Edgington (09/06/11) appropriation. use of evidence-based models assessing BR 151 - Senator Jimmy Higdon Create a new section of KRS the needs of at-risk students; create a AN ACT relating to the duty to (10/14/11) Chapter 186 to direct the Transportation new section of KRS Chapter 157 to define report a dead body. Cabinet to establish Special NASCAR terms related to career and technical Amend KRS 72.020 relating to AN ACT relating to substance themed license plates; allow the education and to establish a career and reporting of deaths to require reporting of abuse screening for vocational education Transportation Cabinet to enter into a technical education accessibility fund; knowledge of a death as well as possession recipients. licensing agreement with NASCAR or other amend KRS 158.814 to address unmet of a dead body as reportable and add the Create a new section of KRS authorized entity which supplies the plates; needs for career and technical education; Department of Kentucky State Police as an Chapter 151B to establish a substance allow the licensing agreement entered into amend KRS 158.816 to add criteria to agency to which the report may be made; abuse screening program for adult persons to provide for a payment of a licensing fee the assessment of technical education amend KRS 72.990 relating to penalties receiving vocational education training, not to exceed 25 percent of the state fee students; amend KRS 18A.010 to exempt to add interfering with a peace officer in permit the use of blood or urine testing or for the NASCAR plate; direct the EF fee for technology center employees from a death investigation as an offense and written questionnaires in the substance NASCAR plates to be distributed to local the count of full-time executive branch increase the penalty for failure to report or abuse screening, require testing as a health departments in accordance with the employees; EMERGENCY. interfering with a coroner or peace officer condition precedent to the receipt of number of plates issued in each county; (Prefiled by the sponsor(s).) to a Class D felony. training, prohibit receipt of training for appropriate the funds for the purposes of To: Interim Joint Committee on (Prefiled by the sponsor(s).) 90 days following the first positive test, providing public health services; provide Education To: Interim Joint Committee on and for one year after each subsequent that the printing of the NASCAR plate is Judiciary positive test, require the executive director not contingent on a minimum number of BR 160 - Senator Jack Westwood to promulgate administrative regulations applications; amend KRS 186.162 to set (12/16/11) BR 141 - Representative Bill Farmer and grant permissive authority to require the state fee of the NASCAR plate at $32 (10/17/11) additional randomized testing and to and the EF fee at $10. AN ACT relating to emergencies. charge a fee to cover the expenses of (Prefiled by the sponsor(s).) Create a new section of KRS AN ACT relating to the sale of implementing the program. Chapter 39B to permit interstate mutual copper scrap in the Commonwealth. (Prefiled by the sponsor(s).) BR 157 - Representative Thomas Kerr aid agreements for emergency responses; Create a new section of KRS (12/16/11) provide for the recognition of certain Chapter 433 to define “nonferrous metal” BR 152 - Senator Jimmy Higdon credentials of emergency responders and “secondary metals recycler”; prohibit a (10/14/11) AN ACT relating to probate. from other states; provide for certain civil secondary metals recycler from purchasing Amend KRS 395.605 to permit immunity. copper from any person except a licensed AN ACT relating to school periodic settlement of informal estates. (Prefiled by the sponsor(s).) heating, ventilation, and air conditioning entrance age. (Prefiled by the sponsor(s).) contractor, electrical contractor, plumber, Amend KRS 158.030 to require BR 162 - Senator Ray S. Jones II homebuilder, remodeler, or public or a child to be six years of age by August BR 158 - Representative Tom Burch (11/29/11) private utility; require secondary metals 1 rather than October 1 to enter a public (08/18/11) recycler to report at end of each business school; permit a child who is five years of AN ACT relating to crimes and day any copper transaction to sheriff age by August 1 rather than October 1 to AN ACT relating to the punishments. and local police department; prohibit enter a primary school program. accreditation of health departments and Create a new section of KRS an unauthorized person from selling or (Prefiled by the sponsor(s).) making an appropriation therefor. Chapter 530 relating to family offenses, to attempting to sell copper to a secondary Create a new section of to create create the crime of endangering the welfare metals recycler; establish penalties up to BR 153 - Representative David Floyd the Kentucky Commission on Public of a minor in the first degree when a parent a Class D felony for unlawful purchase or (12/06/11) Health within the Public Health Leadership or person caring for a minor who is twelve disposition of copper; create a new section Institute at the University of Kentucky under years of age or younger who is missing of KRS Chapter 512 to establish the crime AN ACT relating to educational KRS Chapter 164; establish membership fails to report to a local law enforcement of unlawful acts relating to acquiring requirements for state employees. and duties of the commission including that agency, the Department of Kentucky State metals; institute penalties up to a Class D Create a new section of KRS all health departments achieve national Police, or a 911 public safety answering felony depending on value of and damage Chapter 18A to establish the sufficiency accreditation and maintain accreditation point that the minor is missing within one to property; amend KRS 15.232 and of a high school diploma or its equivalent by the national Public Health Accreditation hour after the minor is discovered missing 65.871 to conform. when graduation from high school is a Board, by December 31, 2020; require the as a Class D felony; amend KRS 530.060 (Prefiled by the sponsor(s).) condition for promotion in the state service, commission to submit an annual report; relating to endangering the welfare of a regardless of whether an employee appropriate $500,000 to operate the minor to specify that it is in the second BR 145 - Senator Jimmy Higdon attended an accredited secondary school commission. degree; amend KRS 600.020 relating (10/14/11) or a nonaccredited secondary school. to juvenile code definitions to conform; (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) designate as Caylee’s Law. AN ACT proposing to amend To: Interim Joint Committee on (Prefiled by the sponsor(s).) Sections 36 and 42 of the Constitution of BR 154 - Representative Richard Health and Welfare Kentucky relating to even-year sessions of Henderson (09/19/11) BR 165 - Senator Denise Harper Angel the General Assembly. BR 159 - Senator Jack Westwood (08/12/11)

54 2011 Interim LEGISLATIVE RECORD management facilities and declaring an Subcommittee on Energy policy favoring regulation by a licensing AN ACT relating to school emergency. board; define terms; create the Kentucky collection of data on body mass index, Create a new section of Chapter BR 201 - Senator Joey Pendleton Board for Medical Imaging and Radiation height, and weight. KRS 311 to define “board”, “facility”, (09/28/11) Therapy to license and regulate advanced Amend KRS 156.160 to require the “physician”, and “pain management practice professionals, medical imaging Kentucky Board of Education to promulgate facility” and to require that all pain A RESOLUTION adjourning technologists, radiographers, radiation administrative regulations to include the management facilities be licensed; the Senate in loving memory and honor therapists, nuclear medicine technologists, body mass index (BMI) percentile, height, specify ownership requirements; specify of our friend and former colleague, and limited X-ray machine operators; set and weight on preventative health care employee requirements; require the State Representative John Adams. up board membership, meeting, and other examination forms; require the data to be Board of Medical Licensure to promulgate Memorialize Representative John procedural requirements; establish board submitted to the Department of Education administrative regulations related to Adams. powers and duties generally, including in a manner approved by the board that pain management facilities; amend (Prefiled by the sponsor(s).) promulgating administrative regulations does not identify any individual student; KRS 311.610 and 311.990 to conform; to administer and enforce the chapter, require the department to share data only EMERGENCY. BR 204 - Representative Sara Beth setting licensing requirements, and with the Cabinet for Health and Family (Prefiled by the sponsor(s).) Gregory (10/07/11) hiring an executive director and other Services; require that any use of the data board administrative staff; set minimum abide by HIPPA privacy rules. BR 189 - Representative Michael J. Nemes AN ACT relating to civil actions. qualifications and powers of the executive (Prefiled by the sponsor(s).) (09/07/11) Create a new section of KRS director; require the board to recognize To: Interim Joint Committee on Chapter 411 to specify procedures and enforce the standards of the national Education AN ACT proposing to create a new for handling comparative fault actions organizations for the medical imaging section of the Constitution of Kentucky and relating to adding parties and answers to and radiation therapy professions; forbid BR 166 - Senator Denise Harper Angel to amend Section 226 of the Constitution complaints. practice of the regulated professions (10/14/11) of Kentucky relating to gaming. (Prefiled by the sponsor(s).) without a license from the board; exempt Propose to create a new section practitioners of the healing arts, students, AN ACT relating to dating of the Constitution of Kentucky and to BR 205 - Senator R.J. Palmer II and federal government employees from violence. amend Section 226 of the Constitution (12/06/11) the chapter; list those professions requiring Amend KRS 403.720 to include of Kentucky to authorize the General a license from the board; authorize the persons in dating relationships within the Assembly to provide a means whereby the AN ACT relating to recyclers and board to establish the qualifications for coverage of Kentucky’s domestic violence sense of the people of any county may be dealers in metal. acquiring and maintaining licensure, with laws. taken as to whether casinos, including the Amend KRS 433.890 to provide the power to identify other specialties (Prefiled by the sponsor(s).) operation of gaming at horse racing tracks, for the identification of sellers of nonferrous or categories of duties consistent with will be permitted in the county; submit to metals and for the payment of nonferrous KRS Chapter 311B; direct the board to BR 173 - Representative Jim Wayne the voters for ratification or rejection; metal purchases. promulgate administrative regulations to (12/15/11) include ballot language. (Prefiled by the sponsor(s).) set licensing fees; establish a trust and (Prefiled by the sponsor(s).) agency fund from licensing and other fees AN ACT relating to airport noise To: Interim Joint Committee on BR 207 - Representative Johnny Bell for use by the board; waive fees and set overlays. State Government (11/23/11) special procedures for licensees serving Create a new section of KRS in the United States Armed Forces; permit Chapter 100 to allow a planning unit to BR 193 - Representative Kelly Flood AN ACT relating to arbitration. claiming to be a licensee, employing incorporate airport noise overlay districts (10/21/11) Amend KRS 417.050, relating to an imaging or radiation professional, or within its zoning texts and maps; allow the arbitration, to expand the circumstances manipulating ionizing radiation equipment planning unit to incorporate guidelines on AN ACT relating to status under which an arbitration agreement may or administering radiopharmaceuticals only building techniques and materials that are offenders. be invalid or inapplicable. if the person is licensed under the chapter; designed to provide acoustical insulation Amend KRS 630.050 to require (Prefiled by the sponsor(s).) require any person to alert the board when benefits to structures within the overlay. that persons filing juvenile status offense a licensee has committed certain acts (Prefiled by the sponsor(s).) complaints provide specified supporting BR 209 - Representative Kevin Sinnette or has become unfit or incompetent to documentation for inclusion and (08/31/11) practice; list reasons the board may deny, BR 175 - Senator John Schickel presentation to the court; create a new revoke, or suspend a license; describe (09/07/11) section of KRS Chapter 630 to establish AN ACT relating to motor vehicle procedures for administrative hearings time frames for the expiration of valid court personal injury reparation benefits. for licensee discipline; define conditions AN ACT relating to the sale of orders; amend KRS 610.265 and 630.010 Amend KRS 304.39-241 to for instituting civil penalties; authorize the alcoholic beverages at restaurants. to restrict the secure detention of status authorize an insured to direct the payment board to set reasonable fines through the Amend KRS 241.010 to specify offenders; amend KRS 630.080 to clarify of motor vehicle reparation benefits for promulgation of administrative regulations; that restaurants must receive at least fifty the contents necessary in dispositional medical expenses arising from a covered repeal KRS 211.870, 211.890, and percent of their food and beverage income reports; create a new section of KRS loss to a health benefit plan, Medicaid, 211.993; set procedures for initial board from the sale of food. Chapter 600 and amend KRS 610.020 Medicare, a Medicare supplement provider, appointments. (Prefiled by the sponsor(s).) to incorporate federal requirements for or any other provider that has paid related (Prefiled by the sponsor(s).) To: Interim Joint Committee on the release of educational records to medical expenses. Licensing and Occupations the juvenile justice system; amend KRS BR 211 - Representative Jim Wayne 610.030 and 610.060 to conform. (Prefiled by the sponsor(s).) (09/09/11) BR 185 - Representative Darryl T. Owens (Prefiled by the sponsor(s).) To: Interim Joint Committee on (12/16/11) Banking and Insurance AN ACT relating to public BR 197 - Representative Kevin Sinnette financing for judicial campaigns. AN ACT relating to tourism (08/31/11) BR 210 - Representative John Will Stacy Create new sections of KRS development. (12/16/11) Chapter 118A to establish the clean Amend KRS 148.853 to add AN ACT relating to utility judicial elections fund; define terms; employment and wage requirements for franchises. AN ACT relating to the licensure establish fund to distribute transfers tourism projects. Amend KRS 96.010 to prohibit of health care professionals who use to certified judicial candidates; provide (Prefiled by the sponsor(s).) bidders for city utility franchises from radiation for imaging and therapy and that the Kentucky Registry of Election recovering the franchise fee from making an appropriation therefor. Finance administer the fund and BR 188 - Senator Jimmy Higdon ratepayers through fees or surcharges on Create KRS Chapter 311B, a promulgate necessary administrative (10/07/11) their bills. new chapter relating to the licensure regulations; designate that moneys in (Prefiled by the sponsor(s).) of medical imaging technologists and the fund be invested in accordance with AN ACT relating to pain To: Interim Joint Special radiation therapists; establish legislative administrative regulations developed by

THE KENTUCKY GENERAL ASSEMBLY 55 the State Investment Commission; require licensing of occupations related to casino continue to receive the supplement when BR 221 - Representative Adam Koenig the registry to publish information about gaming; grant the corporation the authority called to active duty with the United States (11/22/11) campaign expenditures in the judicial to initiate disciplinary action; establish Armed Forces. campaigns of the previous year; establish procedure for review and appeal of actions (Prefiled by the sponsor(s).) A CONCURRENT RESOLUTION requirements to be designated a certified by the corporation; establish problem honoring pregnancy resource centers. judicial candidate and gain access to the gamblers awareness and treatment trust BR 218 - Representative Adam Koenig Honor pregnancy resource fund; provide guidelines for distribution of fund; require the Cabinet for Health and (11/22/11) centers; encourage Congress to grant funds to certified judicial candidates; direct Family Services to promulgate regulations centers assistance for medical equipment that judicial review of any final action of to address the expenditure of funds AN ACT relating to the and abstinence education. the registry be expedited by the court; from the problem gamblers awareness abolishment of the Kentucky Wood (Prefiled by the sponsor(s).) provide for a civil penalty up to $10,000 and treatment trust fund and require an Products Competitiveness Corporation. for an actual violation of these provisions, annual report on expenditures; establish Amend KRS 42.4592 to delete BR 222 - Representative Adam Koenig and a Class D felony for any knowing 31% tax on gross gaming revenue, allow transfers to the secondary wood products (11/22/11) violation of these provisions; provide that the corporation to recoup operating development fund; amend KRS 1154.20- a person entitled to a state tax refund may costs from tax for first 24 months, and 170 to make internal reference correction; AN ACT relating to confederate designate on their income tax return an cap corporation’s deduction at $2 million amend KRS 154.47-005 to define pensions. amount to be credited to the fund; permit per year thereafter; require 15% of each “cabinet” as the Cabinet for Economic Repeal KRS Chapter 206 relating the Supreme Court to require members of gaming licensee’s revenue to be paid to the Development and strike references to the to Confederate pensions. the Kentucky Bar Association to submit an Kentucky equine industry enhancement Kentucky Wood Products Competitiveness (Prefiled by the sponsor(s).) annual fixed amount not to exceed $25 to fund; impose admission tax of $3 per Corporation and its board; amend KRS be dedicated to the clean judicial elections person and dedicate funds to the regional 154.47-040 to delete all references to the BR 224 - Representative Mike Cherry fund; EFFECTIVE January 1, 2012. tourism and infrastructure development Kentucky Wood Products Competitiveness (11/29/11) (Prefiled by the sponsor(s).) fund; establish gaming revenue distribution Corporation and to require information To: Interim Joint Committee on trust fund; establish the Kentucky equine regarding secondary wood products for AN ACT relating to election State Government industry enhancement trust fund and state capital construction be maintained by reports. stipulate uses for funds; create the regional the Cabinet for Finance and Administration; Amend KRS 121.120 to require electronic BR 214 - Representative Dennis Keene tourism and infrastructure development delete requirement that the board review filing of election finance reports for all (12/16/11) fund and specify uses for funds; create any capital construction applications for candidates and slates of candidates the childhood education excellence secondary wood products; amend KRS running for statewide office, and for the AN ACT relating to the expansion development fund; create the Kentucky 154.47-050 to delete references to the campaign committees of those candidates of gaming and making an appropriation job creation development fund; allocate Kentucky Wood Products Competitiveness and slates, beginning with the elections in therefor. funds paid from the tax on gross gaming Corporation developing a workforce 2015; allow electronic filing on the Internet Create a new section of KRS revenue to trust funds established by the training curricula and place that function in or on optical or magnetic disk; amend KRS Chapter 154A to set forth legislative bill; exempt gaming devices in compliance the Department of Workforce Investment in 121.180 to require the Kentucky Registry findings; amend KRS 154A.010 to define with the chapter from the provisions of 15 the Education and Workforce Development of Election Finance, if funds are available, “authorizing county,” “casino,” “casino U.S.C. sec. 1172 and exempt shipments Cabinet; amend KRS 154.47-060 to make to offer the option of electronic reporting gaming,” “county,” “county legislative to Kentucky gaming licensees from 15 permissive the University of Kentucky’s to all candidates, committees, fundraisers, body,” “department,” “full casino gaming,” U.S.C. secs. 1173 and 1174; require the contracting for use of the Quicksand and persons making independent “gaming licensee,” “gross gaming corporation to promulgate administrative Wood Utilization Center as a secondary expenditures. revenue,” “handle,” “licensee,” “limited regulations to define the types of games wood products training center and delete (Prefiled by the sponsor(s).) casino gaming,” and “principal”; amend and the method of operation; permit contracting for the center by the Kentucky KRS 154A.030 to increase the board to the exclusion of certain persons from Wood Products Competitiveness BR 233 - Representative Martha Jane twelve members, including the executive licensed casinos, exclusion may not be Corporation; amend KRS 154.47-065 to King, Representative Dwight D. Butler director of the Kentucky Horse Racing based on race, color, creed, national permit the cabinet to work with the Division (09/29/11) Commission and the Auditor of Public origin, ancestry, religion, gender, or the of Forestry to establish benchmarks for Accounts and prohibit directors or their amount won at a casino; define “cheat” Kentucky forest industries; amend KRS AN ACT relating to tax credits for family members from holding significant and provide penalties for violation; amend 154.47-075 to delete the board from hiring legally blind or severely disabled interest in a gaming licensee; amend KRS KRS 243.500 to exempt the conduct and working to implement a program of training individuals. 154A.040 to exempt trade secrets of a operation of authorized casino gaming; assistance; repeal KRS 42.4586, 154.47- Create a new section of KRS Chapter 141 to licensee; amend KRS 154A.063 to conform; amend KRS 243.505 to exempt the 015, 154.47-020, 154.47-025, 154.47-030, provide a nonrefundable income tax credit create new sections of KRS Chapter 154A operation of casino gaming licensed under 154.47-035, 154.47-045, and 154.47-070; for tax years beginning on or after January to require local option elections for the this Act; amend KRS 525.090 to exempt abolish the Kentucky Wood Products 1, 2013, for taxpayers who contract with a approval of casino gaming in counties with those engaged in casino gamine licensed Competitiveness Corporation and transfer resident nonprofit organization for services a population in excess of 90,000 or in cities under KRS Chapter 154A; amend KRS all records, documents, assets, and performed by individuals who are legally of the fourth class or greater with a horse 528.010 to exempt activities or devices liabilities to the Cabinet for Economic blind or severely disabled; amend KRS racing track; specify procedure for petition licensed under this Act; amend KRS Development. 141.0205 to provide the order in which the of election; specify that the corporation is 528.020 to exempt those licensed under (Prefiled by the sponsor(s).) credit may be claimed. the only government agency authorized this Act; amend KRS 528.070 to exempt to solicit bids for casino licensure and those licensed under this Act; amend KRS BR 219 - Representative Adam Koenig (Prefiled by the sponsor(s).) provide requirements for invitations to 528.080 to exempt those licensed under (11/22/11) bid; specify factors to be considered when this act; amend KRS 528.100 to exempt BR 234 - Senator Jimmy Higdon considering a bid; specify initial licensing casino gaming as defined under Section 2 AN ACT relating to elections. (10/14/11) fee and annual licensing fee; stipulate of the Act. Amend KRS 117.085 to allow requirements for licensing of horse racing (Prefiled by the sponsor(s).) precinct election officers and alternate AN ACT relating to tourist and tracks for casino gaming; require tracks precinct election officers to vote by mail- convention commissions. with a casino license to continue to run BR 217 - Representative Adam Koenig in absentee ballot and to vote on a voting Amend KRS 91A.360 to increase at least as many live races as were run in (11/22/11) machine in the county clerk’s office or the total membership of local tourist and 2011, and provide exemptions; establish other place designated by the county convention commissions in cities of the requirements and procedures for applying AN ACT relating to the Kentucky board of elections and approved by the second through sixth classes and counties for supplier’s licenses; prohibit any Law Enforcement Foundation Program State Board of Elections up to the close of containing such cities from seven to unlicensed person from furnishing gaming Fund. normal business hours on the day before nine; increase the number of restaurant supplies and equipment; prohibit anyone Amend KRS 15.460 and 15.470 the election. association representatives from one to under 21 years of age from participating to provide that police officers receiving (Prefiled by the sponsor(s).) three. in casino gaming; establish procedure for the KLEFP fund salary supplement shall (Prefiled by the sponsor(s).)

56 2011 Interim LEGISLATIVE RECORD Amend KRS 6.505 to close the BR 236 - Representative Bill Farmer, Legislators’ Retirement Plan to legislators AN ACT relating to the provision AN ACT relating to the Representative Jeff Hoover (12/15/11) who have not previously participated in for and control of casino gaming and employment of public school teachers. the plan and who begin their first term of making an appropriation therefor. Amend KRS 160.345 to require AN ACT relating to taxation. office on or after July 1, 2012; create new Establish KRS Chapter 239 and teacher vacancies to be filled by qualified Amend KRS 138.4602 to make sections of KRS Chapter 6 to establish create new sections to define “authorizing teachers certified through a regular the trade-in allowance permanent for motor the Legislators’ Defined Contribution Plan county or counties,” “casino,” “commission,” certification program before considering vehicles purchased on or after October for legislators who begin their first term “county legislative body,” “department,” applicants certified through an alternative 1, 2012; amend various sections of KRS of office on or after July 1, 2012; provide “electronic gaming device,” “full casino,” certification program. Chapter 139 to expand the sales and that the plan shall be administered by “gross gaming revenue,” “handle,” (Prefiled by the sponsor(s).) use tax base to include selected services the Kentucky Deferred Compensation “licensee,” and “limited casino”; create the and lower the tax rate; amend various Authority; allow the authority to utilize Kentucky Gaming Commission, assign BR 254 - Senator Robin L. Webb sections of KRS Chapter 141 to apply the plans already established or to establish powers and duties to the commission; (12/16/11) corporation income tax only to taxable new plans to administer the Legislators’ establish executive director position; make years beginning before January 1, 2013; Defined Contribution Plan; provide an commission, the executive director, and AN ACT relating to vital expand the base and lower the tax rate for employer match of up to five percent of employees subject to executive branch statistics. individual income tax; tax all pass-through the legislator’s wages; provide that a code of ethics; require county election to Amend KRS 213.116, relating entity income at a flat rate of 2.5%; modify legislator participating in the plan shall authorize licensing of casino within county; to the collecting of data, to require the the tax rates for the limited liability entity be vested for employer contributions on a require sheriff to advertise local option Cabinet for Health and Family Services tax; amend KRS 243.884 to decrease the sliding scale that fully vests the legislator election for gaming; provide for procedures to provide on their Web site downloadable rate for the wholesale alcohol tax to 5.5% for the employer contributions at six years; on local option elections for gaming not forms pertaining to divorces. from the current rate of 11%; and repeal provide that the benefits provided by the held on primary and regular election days; various sections in KRS Chapter 139 to Legislators’ Defined Contribution Plan require the county board of elections to conform. shall not constitute an inviolable contract of certify the results; establish commission BR 259 - Representative Arnold Simpson (Prefiled by the sponsor(s).) the Commonwealth; amend KRS 18A.245 as agency to solicit bids for casino gaming (12/15/11) to establish responsibilities of the board licenses and provide criteria for advertising BR 237 - Representative Dennis Horlander of the Kentucky Deferred Compensation the bid; establish procedure for evaluating AN ACT relating to crimes and (10/24/11) Authority to administer the Legislators’ bids for full casinos; provide bidding punishments. Defined Contribution Plan; amend KRS rights for racing associations; specify Amend KRS 346.165 relating to AN ACT relating to filing deeds 61.510 governing the Kentucky Retirement licensing requirements for full casinos, the profits of crime to be sent to the Crime in lieu of foreclosure in the county clerk’s Systems to clarify that a legislator who manufacturers, and suppliers; prohibit Victims Compensation Board to include office. begin his or her first term of office on or selling, leasing, or otherwise furnishing money or anything of value and to define Amend KRS 382.110, relating to after July 1, 2012, shall not participate in gaming supplies without a license; provide “profits from a crime” as including property the recording of deeds and instruments, these plans as a result of service in the the option of limited casinos for racing or income generated from the commission to require a mortgage holder to file a General Assembly; EMERGENCY. associations; specify licensing requirements of the crime, property obtained from the deed in lieu of foreclosure with the county for limited casinos; prohibit any one under sale of proceeds from the crime, and any clerk within 30 days of the execution of (Prefiled by the sponsor(s).) 21 years of age from placing a wager at property which the defendant obtained the instrument’s execution; amend KRS a casino or being permitted access to a from the crime or unique knowledge of the 382.990 to assess a penalty in the form of BR 245 - Representative Linda Belcher casino; provide for occupational licenses; crime. a violation of law for any mortgage holder (11/10/11) grant the commission authority to initiate (Prefiled by the sponsor(s).) who fails to file a deed in lieu of foreclosure disciplinary action; provide grievance pursuant to Section 1 of the Act; amend AN ACT relating to career procedure; exempt licensed gaming BR 261 - Senator Joey Pendleton KRS 142.050, relating to the assessment and technical education, making an devices from federal restrictions; grant the (09/28/11) of a transfer tax on property, to exempt appropriation therefor, and declaring an commission the authority to define and filing deeds in lieu of foreclosure filed emergency. limit permissible games; provide for the AN ACT relating to industrial pursuant to Section 1 of this Act from the Amend KRS 158.812 to express exclusion of certain persons from casinos; hemp. transfer tax. legislative goals for career and technical require the commission to develop Create new sections of KRS (Prefiled by the sponsor(s).) education; amend KRS 158.810 to define programs for education and treatment Chapter 260 to define “department,” terms related to career and technical of problem gamblers; define “cheat” and “industrial hemp,” and “THC”; require BR 239 - Representative Dennis Keene education; create a new section to KRS provide penalties for cheating; amend KRS persons wanting to grow or process (10/27/11) Chapter 156 to require the Department of 15.380 to establish gaming commission industrial hemp to be licensed by the Education to issue core content standards, employees as peace officers; create a new Department of Agriculture; require AN ACT relating to the distribution assess student progress, and develop new section of KRS Chapter 138 to establish a criminal history checks by local sheriff; of unsolicited advertising on private courses relevant to college and career wagering and an admissions tax; amend require the department to promulgate property. readiness; create a new section to KRS KRS 243.500 to exempt licensed casino administrative regulations to carry out the Amend KRS 512.070 to include within the Chapter 158 to provide for the creation and gaming; amend KRS 243.505 to include new sections; require the sheriff to monitor offense of criminal littering a business or use of evidence-based models assessing licensed casino gaming; amend KRS and randomly test industrial hemp fields; organization which causes any unsolicited the needs of at-risk students; create a new 372.005 to include KRS Chapter 239; assess a fee of five dollars per acre for advertising or materials to be placed on section of KRS Chapter 157 to define terms amend KRS 525.090 to exempt casino every acre of industrial hemp grown, with the lawn, walkway or driveway of privately related to career and technical education gaming; amend KRS 528.010 to gaming a minimum fee of 150 dollars, to be divided owned property, or placed in a manner and to establish a career and technical licensed under KRS Chapter 239; amend equally between the department and the which permits the elements to deposit the education accessibility fund; amend KRS KRS 528.020 to exempt gambling devices appropriate sheriff’s department; require unsolicited advertising or material onto a 158.814 to address unmet needs for career operated under KRS Chapter 239; amend licensees to provide the department with lawn, walkway, or driveway; permit a local and technical education; amend KRS KRS 528.070 to exempt licensed gambling names and addresses of any grower or government to enact ordinances that affect 158.816 to add criteria to the assessment activity; amend KRS 528.080 to exempt buyer of industrial hemp, and copies of any unsolicited advertising or materials within of technical education students; amend those with a license issued under KRS contracts the licensee may have entered its jurisdiction. KRS 18A.010 to exempt technology Chapter 239; amend KRS Chapter 528.100 into relating to the industrial hemp; clarify (Prefiled by the sponsor(s).) center employees from the count of full- to exempt authorized casino gaming. that the Act does not authorize any person time executive branch employees; provide (Prefiled by the sponsor(s).) to violate federal law; require Kentucky BR 240 - Senator Jimmy Higdon short title; EMERGENCY. To: Interim Joint Committee on to adopt any federal rules or regulations (10/26/11) (Prefiled by the sponsor(s).) Licensing and Occupations relating to industrial hemp; amend KRS 218A.010 to conform. AN ACT relating to retirement BR 246 - Representative Michael J. Nemes BR 248 - Representative Rick G. Nelson (Prefiled by the sponsor(s).) and declaring an emergency. (09/07/11) (10/20/11)

THE KENTUCKY GENERAL ASSEMBLY 57 BR 264 - Representative Mike Harmon BR 276 - Senator John Schickel the Department of Education to make impaired persons, not only adults, and (12/08/11) (12/15/11) available technical assistance, training, provide for media notification about the and a Web-based resource to assist all lost person; amend KRS 39F.180 relating AN ACT proposing to amend AN ACT relating to crimes and local school districts in the implementation to reporting of lost or missing persons to Sections 50 and 256 of the Constitution of punishments. of the system and instructional tools the Division of Emergency Management Kentucky, and to repeal Sections 48 and Amend KRS 431.005 relating to based on scientifically based research; to require a search for a missing person 49 of the Constitution. arrests to permit a peace officer to make require the department to collaborate with who is known or reported to have a Propose to amend Sections 50 an arrest or issue a citation for a violation other state agencies and organizations; developmental disability to be reported to and 256 of the Constitution of Kentucky of KRS 508.030, assault in the 4th degree, require conformity with 20 U.S.C. sec. the Division of Emergency Management to provide limitations on the issuance which is a misdemeanor, even when the 1414(a)(1)(E) for initial evaluations of and the Department of Kentucky State of appropriations-supported debt and officer did not view the commission of students with suspected disabilities; Police immediately, term the search to repeal Sections 48 and 49 of the the offense if there is probable cause to require the department to report to the a “Chase Alert,” provide that the local Constitution of Kentucky. make the arrest if the assault occurred in Interim Joint Committee on Education emergency management director or other (Prefiled by the sponsor(s).) the emergency room of a hospital; define on implementation by November 30, persons conducting the search report emergency room; amend KRS 431.015 2013, and annually thereafter; amend relevant information to the local news BR 267 - Representative Darryl T. Owens mandating the use of a citation in lieu of KRS 157.200 to conform with the federal media, and permit all searches for lost (12/16/11) arrest to exempt an arrest for 4th degree definition of a “specific learning disability.” persons with developmental disabilities assault in a hospital emergency room.. (Prefiled by the sponsor(s).) to be reported to the news media; create AN ACT relating to the (Prefiled by the sponsor(s).) a new section of KRS Chapter 39F to establishment of an age for criminal BR 283 - Representative Linda Belcher require that the Division of Emergency responsibility. BR 281 - Representative Linda Belcher (11/02/11) Management provide not less than 30 Create a new section of KRS (11/02/11) minutes of instruction in each basic search Chapter 431 to establish a minimum age AN ACT relating to tuition for and rescue course relating to searching for of criminal responsibility and provide AN ACT relating to obesity in foster children. persons with developmental disabilities; alternative treatment; amend KRS 500.040, school children. Amend KRS 164.2847 to permit require each search management course 501.030, and 610.010 to establish a Amend KRS 158.856 to clarify tuition waivers for a high school student to include not less than 60 minutes of minimum age of criminal responsibility and that school physical activity assessment enrolled in a dual credit or dual enrollment instruction relating to searching for persons provide alternative treatment; amend KRS tools shall generate: data course in high school. with developmental disabilities; provide for 600.020 to conform. on the amount of time and the types of (Prefiled by the sponsor(s).) consultation with named organizations (Prefiled by the sponsor(s).) activity required by KRS 160.345(11); in the development of course curricula performance and BR 284 - Representative Linda Belcher on this subject; provide for promulgation BR 268 - Senator Tom Buford (12/12/11) progress data necessary to monitor health (11/02/11) of administrative regulations relating to risk behaviors and indicators identified by course content and duration. AN ACT relating to concealed the national AN ACT relating to probate fees. (Prefiled by the sponsor(s).) deadly weapons. Centers for Disease Control and Amend KRS 61.315 to exempt the Amend KRS 527.020, relating to Prevention and to design programs to estate of anyone who is eligible for state BR 306 - Representative Fitz Steele carrying concealed deadly weapons, to add increase physical activity death gratuity benefits, and the estate of (12/08/11) domestic relations commissioners, master of children and reduce childhood diabetes any regular member of the Armed Forces, commissioners, and trial commissioners and obesity; fitness information to assist from probate fees. AN ACT relating to of the Court of Justice to persons who, students and dextromethorphan abuse. if licensed to carry a concealed deadly students parents or guardians in planning (Prefiled by the sponsor(s).) Create new sections of KRS weapon, may carry them at all locations home activities; and aggregate school Chapter 218A to prohibit any person from within the Commonwealth except as fitness data BR 286 - Representative Darryl T. Owens possessing one gram or more of pure specifically provided therein. to assist school councils in reviewing and (11/15/11) dextromethorphan or dextromethorphan (Prefiled by the sponsor(s).) implementing wellness policies; require that has been extracted from solid or liquid school AN ACT relating to paternity. form; prohibit sale of products containing BR 272 - Representative Terry Mills districts to submit supporting data with Amend KRS 406.005 to define a dextromethorphan as the only active (09/29/11) required summary; amend KRS 160.345 child born out of wedlock to include a child ingredient to individuals younger than to require born to a married woman by a man other 18; require any person selling a product AN ACT relating to optional schools containing kindergarten through than her husband; amend KRS 406.011 to containing dextromethorphan to require school bus advertising. grade five to provide a minimum of 45 conform. that prospective buyers show a photo ID Create a new section of KRS minutes per week (Prefiled by the sponsor(s).) and sign a document stating the customer Chapter 189 to allow a local school board of physical activity for half day kindergarten is older than 18 before purchase; create an to sell advertising on school buses; prohibit and 90 minutes per week for full day BR 294 - Senator John Schickel affirmative defense for the retailer if a minor certain types of advertising; identify annual kindergarten (12/09/11) utilizes a fraudulent ID; prohibit individuals reporting requirements. through grade five. younger than 18 from possessing a product (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) AN ACT relating to milk. that contains dextromethorphan as the To: Interim Joint Committee on Amend KRS 217C.030 to define only active ingredient; prohibit individuals Education BR 282 - Representative Linda Belcher “permitted producer” and “raw milk”; create younger than 18 from misrepresenting (11/02/11) a new section of KRS Chapter 217C to their age and from utilizing a fraudulent ID BR 275 - Representative Jim Glenn, allow for the sale of raw milk at a farm to purchase or obtain dextromethorphan; Representative Bob M. DeWeese AN ACT relating to early education site. establish penalties for violation. (10/13/11) assessment and intervention. (Prefiled by the sponsor(s).) Create a new section of (Prefiled by the sponsor(s).) AN ACT relating to the Colon KRS Chapter 158 to define “aphasia,” BR 300 - Representative Brad Montell Cancer Screening Program and making “dyscalculia,” dyslexia,” “phonemic (12/15/11) BR 307 - Representative Fitz Steele an appropriation therefor. awareness,” and “scientifically based (12/01/11) Amend KRS 214.542 to require research”; require the Kentucky Board of AN ACT relating to missing the Department for Public Health to adopt Education to promulgate administrative persons. AN ACT relating to sales and use a schedule of income-based fees to be regulations for district-wide reporting on Amend KRS 39F.010 relating to tax holidays and declaring an emergency. charged for colon cancer screening; the use of K-3 response-to-intervention rescue squads to define “developmental Create a new section of KRS APPROPRIATION implementation in reading by August 1, disability” and “impaired person”; amend Chapter 139 to establish a three day sales (Prefiled by the sponsor(s).) 2013, in mathematics by August 1, 2014, KRS 39F.020 relating to rescue squad and use tax holiday the first weekend in and behavior by August 1, 2015; require searches for lost persons to include all August each year to exempt clothing,

58 2011 Interim LEGISLATIVE RECORD school supplies, school art supplies, investor tax credit. publicly discloses or comments on the 121.015 to redefine “slate of candidates”; computers, and school computer supplies; Create new sections of existence of the complaint; amend KRS amend KRS 6.811, relating to legislative EMERGENCY. subchapter 20 of KRS Chapter 154 to 6.711 and 6.716 to change the duration of ethics, to prohibit legislative agents establish the angel investor tax credit courses for legislators from three hours to from making campaign contributions to (Prefiled by the sponsor(s).) program for certain investments in small two hours; create a new section of KRS candidates or slates of candidates for businesses; define terms; state act title 6.731 to 6.780 to prohibit a legislator from Governor or Lieutenant Governor or to the BR 315 - Representative Fitz Steele and purposes; list requirements for small sending a mass mailing at public expense campaign committees of these candidates; (12/01/11) businesses and investors to qualify 60 days or less before a regular election; amend KRS 121.150 to prohibit candidates for participation; require the Kentucky amend KRS 6.747 to prohibit a legislative and slates of candidates for Governor and A JOINT RESOLUTION regarding Economic Development Finance Authority agent or employer from furnishing out- Lieutenant Governor and the campaign the criteria for selection and approval of to establish the application process; cap of-state transportation or lodging for a committees of these candidates from Clean Water Act 404 mitigation plans for the total amount of angel investor and legislator; amend KRS 6.767 to prohibit accepting contributions from legislative out-of-kind water quality improvements. Kentucky Investment Fund Act tax credits a legislator, legislative candidate, or agents; amend KRS 117.275, 118.025, Express a need to undertake available in all years at $40,000,000; campaign committee from accepting a 118.105, 118.125, 118.245, 120.055, stream restoration to improve the require KEDFA to maintain a Web site campaign contribution from an employer 120.095, and 121.170 to conform; repeal chemical and biological characteristics of listing all businesses and investors or a permanent committee during a regular KRS 118.227. the water; identify improvements to sewer certified and all credits awarded; require session of the General Assembly; allow a (Prefiled by the sponsor(s).) infrastructure and straight pipes as a small businesses to report annually and legislator, candidate, or committee to return method of undertaking stream restoration allow for tax credit recapture in certain a contribution within 30 days, rather than BR 328 - Representative Jody Richards via mitigation; express concern that the circumstances; amend KRS 152.20-255 to 14, of receipt; amend KRS 6.807 to deem (12/16/11) Appalachian region is subjected to a provide that the total amount of tax credits an updated registration statement to be more rigorous conductivity standard that available in the Kentucky Investment filed in a timely manner if it is postmarked AN ACT relating to high school reduces the eligible waters in that region Fund Act program and the angel investor on or before the last day for filing; amend diplomas for students demonstrating for mitigation awards; encourage section program is $40,000,000 in all years; create KRS 6.811 to prohibit a legislative agent or advanced academic achievement. 404 permittees that engage in permittee a new section of KRS Chapter 141 to employer from giving anything of value to Amend KRS 156.160 to direct responsible mitigation with a 25 percent set establish the credit; amend KRS 141.0205 a legislative candidate or to a candidate’s the Kentucky Board of Education to create aside for sewer infrastructure and straight to provide the ordering of the credit. spouse or child; prohibit a legislative agent an advanced academic achievement pipes; require the Energy and Environment (Prefiled by the sponsor(s).) from soliciting, controlling, or delivering diploma for high school students and Cabinet to work with the University of a campaign contribution for a candidate define the requirements for receiving Kentucky and University of Louisville to BR 323 - Representative Ron Crimm or legislator; prohibit an employer from the diploma; amend KRS 164.7879 to develop a method of evaluating the value (10/31/11) making a campaign contribution to provide a supplemental KEES award for of straight pipes and sewer projects to the a legislator, candidate, or campaign students earning the advanced academic overall mitigation requirement; require a AN ACT relating to retirement. committee during a regular session; achievement diploma; amend various report be sent to the Legislative Research Amend KRS 6.525 to prohibit prohibit an employer from knowingly other sections to conform. Commission by June 15, 2013, and every salary earned in another state administered employing an immediate family member of (Prefiled by the sponsor(s).) year thereafter; require a copy be sent system from being used to determine a legislator as a legislative agent; amend to the US Army Corps of Engineers, the benefits in the Legislators’ Retirement KRS 6.821 to change the requirements BR 329 - Representative Kim King Energy and Environment Cabinet, and Plan if the member does not have service for a statement of expenditures filed by a (11/18/11) members of the Kentucky congressional in the other state-administered retirement legislative agent or employer; amend KRS delegation. systems prior to August 1, 2012. 11A.010 to conform. A RESOLUTION adopting a Rule (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) of the House of Representatives, relating to state fiscal measures. BR 316 - Representative Fitz Steele BR 324 - Representative Jeff Hoover BR 325 - Representative Alecia Webb- Adopt a Rule for the House of (10/12/11) (12/16/11) Edgington (12/02/11) Representatives to require roll call votes on any appropriation or revenue-raising AN ACT relating to mental AN ACT relating to the Code of AN ACT related to sales tax on measure voted upon in the House or a health. Legislative Ethics. direct mail delivery charges. committee thereof; require identification Amend KRS 202A.410 to add Amend KRS 6.611, relating to Amend KRS 139.010 to exclude of appropriation or revenue measures as judges and witnesses to the list of persons the Kentucky Code of Legislative Ethics, from the definition of “gross receipts” and state fiscal measures by the Director of to be notified upon the release or escape to include the cost of attendance, food, “sales price” delivery charges for direct the Legislative Research Commission, of an involuntarily committed person. and beverages at out-of-state events in mail. EFFECTIVE August 1, 2012. or upon a determination by the House (Prefiled by the sponsor(s).) the definition of “anything of value”; define (Prefiled by the sponsor(s).) or a committee thereof; require separate “in-state” to mean “within the borders House vote for appropriation or revenue BR 320 - Senator Jack Westwood of Kentucky or outside Kentucky in a BR 327 - Representative Mike Harmon measures; require House committees (11/17/11) county that is contiguous with the border (12/08/11) to vote on appropriation and revenue of Kentucky”; define “employer” as “any measures by roll call votes. AN ACT relating to shock person who engages a legislative agent AN ACT relating to elections. (Prefiled by the sponsor(s).) probation. and for whose legislative interest the Amend KRS 118.127 to permit Amend KRS 439.265, relating to agent is lobbying”; change the definition a slate of candidates for Governor and BR 330 - Representative Kim King shock probation, to prohibit shock probation of “legislative agent” to exclude legislative Lieutenant Governor to appear on the (11/18/11) if a person is convicted of violating KRS liaisons; amend KRS 6.661 to prohibit a ballot only in the general election, not in 507.040, relating to manslaughter in the member of the staff of the Legislative Ethics the primary; require a party’s nominee for AN ACT relating to legislative second degree, or KRS 507.050, relating to Commission from serving as a fundraiser Governor to designate his or her nominee procedures for state fiscal measures. reckless homicide, and a violation of KRS for, or contributing to, a candidate or slate for Lieutenant Governor no later than the Create a new section of KRS 189A.010, relating to driving under the of candidates for Governor, Lieutenant fourth Tuesday following the primary; if Chapter 6 to require roll call votes on any influence arising from the same incident; Governor, Auditor, or the General this designation is not filed, require the appropriation or revenue raising measure permit the victim’s living next of kin to ask Assembly; amend KRS 6.686 to delete governing authority of the party to name voted upon in the Senate or House or a the court to permit shock probation. the restriction preventing the commission the candidate for Lieutenant Governor; committee thereof; require identification (Prefiled by the sponsor(s).) from investigating a violation until a set forth the oath to be sworn by a slate of appropriation or revenue measures as complaint is filed; allow the commission of candidates; create a new section of state fiscal measures by the Director of the BR 322 - Representative Arnold Simpson to impose only administrative penalties KRS Chapter 118 to allow a candidate for Legislative Research Commission, or upon (12/15/11) in the absence of a complaint; permit Governor to designate a replacement if the a determination by the Senate or House the commission to dismiss a complaint candidate for Lieutenant Governor dies, is or a committee of either; require separate AN ACT relating to the angel without prejudice if the complainant disqualified, or is disabled; amend KRS votes for appropriations or revenue

THE KENTUCKY GENERAL ASSEMBLY 59 measures; require committees to vote on food establishments to notify consumers they be a licensed motor vehicle dealer. of legislation ratifying the administrative appropriation and revenue measures by of the country of origin of catfish sold in (Prefiled by the sponsor(s).) regulation; amend KRS 13A.010 to roll call votes. their establishments by means of a label, define major economic impact; amend (Prefiled by the sponsor(s).) menu, or other sign; to require retail food BR 350 - Representative Dennis Keene KRS 13A.250 to require the fiscal note to establishments that advertise the sale of (10/27/11) include a cost analysis of the administrative BR 336 - Representative Leslie Combs catfish to notify consumers of the country regulation’s effect on regulated entities (12/05/11) of origin of the catfish in the advertisement; AN ACT relating to driving under and a determination by the promulgating to require retail food establishments to the influence and making an appropriation administrative body as to the overall AN ACT relating to postsecondary maintain records of the country of origin therefor. economic impact of the administrative education tuition and fee waivers for of catfish sold by the establishment; to Replace provisions of the regulation; amend KRS 13A.230, 13A.330, families of veterans. permit the cabinet to inspect the sales and bill with new sections to amend KRS and 13A.331 to conform. Amend KRS 164.507 to clarify purchase records of catfish, and to take 189A.005 to expand the types of allowable that family members of deceased veterans samples of catfish to verify the species of ignition interlock devices; amend KRS (Prefiled by the sponsor(s).) are eligible for postsecondary education catfish; amend KRS 217.992 to provide 189A.010 to include driving the wrong tuition and fee waivers for a period not to penalties for violating the Act. way on a four-lane highway in the list BR 358 - Representative Steve Riggs exceed 45 consecutive or nonconsecutive (Prefiled by the sponsor(s).) of aggravating circumstances for DUI; (12/15/11) months until completion of the first amend KRS 189A.070 relating to license bachelor’s degree; amend KRS 164.515 to BR 347 - Senator John Schickel revocations to provide for new license AN ACT relating to boards of clarify that family members of permanently (12/15/11) revocations periods subject to conditional zoning adjustment. or totally disabled veterans are eligible reinstatement if the offender participates Amend KRS 100.217 to allow for postsecondary education tuition and AN ACT relating to library district in the ignition interlock program; amend a city of the second class within a fee waivers for a period not to exceed 45 boards. KRS 189A.085 to require license plate county containing a consolidated local consecutive or nonconsecutive months Amend KRS 173.480, relating impoundment only during the period that government to establish an independent until completion of the first bachelor’s to public library districts’ initial board a person’s license is revoked; amend KRS board of zoning adjustment with exclusive degree. appointments to allow a county judge/ 189A.340 to specify the circumstances jurisdiction within the city’s territorial (Prefiled by the sponsor(s).) executive with the approval of the fiscal and timelines during which a license may jurisdiction. court to appoint the first members of the be conditionally reinstated contingent (Prefiled by the sponsor(s).) BR 340 - Representative Julie Raque newly created library board when any of upon interlock usage and to delineate Adams (12/15/11) the prospective appointees presented to the terms, conditions, and operation of BR 360 - Representative Darryl T. Owens the judge, in the judge’s opinion, are not the ignition interlock program; amend (12/16/11) AN ACT relating to harassing suitable; amend KRS 173.490, relating to KRS 189A.345 to provide the penalty for communications. public library districts, to allow a county operating a vehicle without an interlock AN ACT relating to mental Amend KRS 525.080 relating to judge/executive with the approval of the when one is required; create a new section illness. harassing communications to expand the fiscal court to appoint members or fill of KRS Chapter 189A to establish an Amend KRS 532.130, relating to acts which create a violation of the offense vacancies of the library board when any of ignition interlock assistance fund operated definitions for criminal case defenses, to and expand the means of communication; the prospective appointees presented to by the Transportation Cabinet for indigent define “severely mentally ill defendant”; increase the penalty for a second or the judge, in the judge’s opinion, are not offenders; create a new section of KRS amend KRS 532.135, relating to defenses subsequent offense from a Class B suitable; amend KRS 173.725, relating to Chapter 189A to allow the Transportation in criminal cases, to include a severely misdemeanor to a Class A misdemeanor. library districts created by petitions’ initial Cabinet to promulgate regulations mentally ill defendant; amend KRS (Prefiled by the sponsor(s).) board appointments to allow a county related to the bill; create a new section 532.140, relating to the prohibition against judge/executive with the approval of the of KRS Chapter 189A to allow offenders executing a seriously mentally retarded BR 341 - Representative Thomas Kerr fiscal court to appoint the first members of committing an offense prior to the effective defendant, to prohibit the execution of a (12/16/11) the newly created library board when any date of the bill to opt to be governed by severely mentally ill defendant after the of the prospective appointees presented the bill’s provisions; amend KRS 189A.410 effective date of this Act. AN ACT relating to the creation to the judge, in the judge’s opinion, are not to limit the availability of hardship licenses (Prefiled by the sponsor(s).) and administration of trusts and estates. suitable; amend KRS 173.730, relating to to persons committing offenses prior Amend KRS 386.454 relating to library districts created by petition, to allow to the effective date of the bill; amend BR 368 - Representative Keith Hall the Kentucky Principal and Income Act to a county judge/executive with the approval KRS 186.572 to require the imposition of (10/21/11) permit a trustee to reallocate principal to of the fiscal court to appoint members or fill sufficient points to prohibit full re-licensure income without court approval under named vacancies of the library board when any of with the points being removed only after AN ACT relating to the distribution circumstances; amend KRS 386.450 to the prospective appointees presented to the offender has been fully compliant with of coal severance tax revenues. define “unitrust”; create new sections and the judge, in the judge’s opinion, are not ignition interlock usage for a full 120 day Amend KRS 342.122 to delete amend sections of KRS Chapter 386 to suitable. period; amend KRS 189A.090 to conform; language requiring the transfer of funds create Kentucky “decanting” statutes to (Prefiled by the sponsor(s).) amend KRS 189A.050 to require a person from coal severance tax receipts to the permit creation of a new trust; amend KRS convicted of DUI to pay the cost of drawing benefit reserve fund of the Kentucky 386.502 to clarify the effective date of the BR 349 - Representative C. B. Embry Jr. blood for testing; amend KRS 189A.103 Worker’s Compensation Funding Kentucky Uniform Principal and Income (11/22/11) to provide that a DUI suspect shall bear Commission; amend KRS 42.4582, Act; amend KRS 386.810 and 395.195 to the cost of any additional testing done of 42.4585, 164.7891, and 164.7890 to permit trustee to deal with Medicare surtax AN ACT relating to motor the suspect’s blood, breath, or urine if the conform; repeal KRS 48.112. issues; amend KRS 381.180 relating to vehicles. additional testing is done at the request of (Prefiled by the sponsor(s).) spendthrift trusts to deal with Federal Create a new section of KRS the suspect and after the testing directed income tax and related issues; create new Chapter 189 to define the term “mini- by the arresting officer. BR 373 - Representative Jim Wayne sections of KRS Chapter 387 to create truck” and add mini-trucks to the definition (Prefiled by the sponsor(s).) (12/15/11) a self-settled special needs “Pay Back” of “motor vehicle”; permit the operation trust. of mini-trucks on public roadways with a BR 356 - Representative Addia Wuchner, AN ACT relating to taxation. (Prefiled by the sponsor(s).) posted speed limit of 45 miles per hour Representative Joseph M. Fischer Amend KRS 140.130 to decouple or less; require operators of mini-trucks (12/15/11) from changes to the federal estate tax since BR 344 - Representative Fred Nesler to comply with the same insurance, title, 2003; amend KRS 141.010 to provide for a (12/14/11) registration, and usage tax requirements AN ACT relating to administrative phase-out of the pension exclusion; amend as a motor vehicle; amend KRS 186.010 regulations. KRS 141.020 to provide for changes to AN ACT relating to catfish. to define the term “mini-truck” and include Create a new section of KRS income tax rates and to impose the tax Create new sections of KRS mini-trucks under the definition of “motor Chapter 13A to delay the effective date on adjusted gross income; amend KRS 217.005 to 217.215 to define “catfish” and vehicle”; amend KRS 190.010 to exclude of administrative regulations with a major 141.081 to conform; amend KRS 141.066 “retail food establishment”; to require retail dealers of mini-trucks from the requirement economic impact until the effective date to provide for a refundable earned income

60 2011 Interim LEGISLATIVE RECORD credit; amend KRS 141.0205 to recognize AN ACT relating to concealed create a new section of KRS Chapter amendments; EFFECTIVE August 1, changes in income tax credits; amend KRS deadly weapons. 533 to place a defendant on probation, 2012. 139.200 to impose sales tax on selected Amend KRS 237.138 to delete home incarceration, or conditional (Prefiled by the sponsor(s).) services; amend KRS 141.383, 148.544, reference to the 2004 version of the federal discharge on the Precursor Block List for and 148.546 to make the film industry tax Law Enforcement Officer Safety Act, retain five years; provide that the act may be BR 401 - Representative Linda Belcher credit nonrefundable and nontransferable; reference to the Law Enforcement Officer known as the Cheyenne Albro Combat (11/09/11) provide that income tax provisions apply Safety Act; require Department of Kentucky Methamphetamine Act. for tax years beginning on or after January State Police to promulgate administrative (Prefiled by the sponsor(s).) AN ACT relating to incestuous 1, 2012, estate tax provisions apply for regulations. relationships. deaths occurring on or after August 1, (Prefiled by the sponsor(s).) BR 397 - Representative Dwight D. Butler Amend KRS 530.020 relating 2012, and sales tax provisions apply (12/08/11) to incest to include step-grandparent for periods beginning on or after July 1, BR 394 - Senator Perry B. Clark and step-grandchild within the prohibited 2012. (11/21/11) AN ACT relating to Purple Heart relationships. (Prefiled by the sponsor(s).) motor vehicle license plates. (Prefiled by the sponsor(s).) A CONCURRENT RESOLUTION Amend KRS 186.166 to require BR 375 - Representative John Will Stacy urging Congress to enact H.R. 1489, the the design of the Purple Heart license BR 403 - Representative Linda Belcher (12/14/11) Return to Prudent Banking Act of 2011, plate include a picture of the Purple Heart (11/17/11) which would reinstate the separation medal and the words “Combat Wounded”; AN ACT relating to interpharmacy of commercial and investment banking specify that the design changes take effect AN ACT relating to drugs. medication exchange. functions that were in effect under the at the next replating of the Purple Heart Amend KRS 217.015 to include Amend KRS 315.191 to define Glass-Steagall Act. plate. drugs containing non-liquid ephedrine, terms; to permit an interpharmacy Urge Congress to enact H.R. (Prefiled by the sponsor(s).) pseudoephedrine, or phenylpropanolamine medication exchange provided that there 1489, the Return to Prudent Banking within the definition of a legend drug; is a demonstrated immediate business Act of 2011, to separate commercial BR 398 - Representative Will Coursey amend KRS 217.182 to limit the amount need; and exclude interpharmacy and investment banking functions in the (12/16/11) of ephedrine-, pseudoephedrine-, or medication exchanges from the definitions manner provided by the Glass-Steagall phenylpropanolamine-based legend for “wholesale distribution” and “wholesale Act until its repeal in 1999. AN ACT relating to income tax. drugs available within any one-month distributor”; amend KRS 315.400 to exclude (Prefiled by the sponsor(s).) Amend KRS 141.010 and create a period and to exempt drug products “interpharmacy medication exchange” from new section of KRS Chapter 141 to provide obtained lawfully elsewhere within the definition of or “wholesale distributor”. BR 396 - Representative Brent Yonts a deduction to health care providers for certain limits; amend KRS 218A.202 to (Prefiled by the sponsor(s).) (11/18/11) charitable health care services. include ephedrine-, pseudoephedrine-, (Prefiled by the sponsor(s).) or phenylpropanolamine-based legend BR 377 - Representative Melvin B. Henley AN ACT relating to controlled drugs within the coverage of Kentucky’s (11/29/11) substances, including controlled substance BR 399 - Representative Adam Koenig prescription monitoring system; sunset precursors. (12/09/11) provisions on the effective date for A JOINT RESOLUTION Create a new section of KRS legislation enacted by the 2015 General designating a section of United State Chapter 27A to require the Administrative AN ACT relating to the minimum Assembly. Route 641 in Calloway County as the Office of the Courts to report information age requirements for mayors and members (Prefiled by the sponsor(s).) “Medal of Honor Way.” relating to defendants convicted of either of local legislative bodies and councils. Direct the Transportation offenses in KRS Chapter 218A relating to Amend KRS 67C.103, 67C.105, BR 409 - Representative Brent Housman Cabinet to designate US 641 in Murray methamphetamine or any crimes relating and 83A.040 to lower the age at which (12/16/11) as the “Medal of Honor Way” and erect to the theft of anhydrous ammonia to the a person is eligible to hold the office of appropriate signs. Office of Drug Control Policy; create a new council member or mayor to 18 years of AN ACT relating to retirement. (Prefiled by the sponsor(s).) section of KRS Chapter 15A to require the age. Amend KRS 6.505 to close the Office of Drug Control Policy to institute a (Prefiled by the sponsor(s).) Legislators’ Retirement Plan to legislators BR 386 - Representative Melvin B. Henley Precursor Block List as a part of the Kentucky who have not previously participated in (11/18/11) Electronic Methamphetamine Precursor BR 400 - Senator Dennis Parrett the plan and who begin their first term of Tracking system to prohibit persons (11/15/11) office on or after August 1, 2012; amend A JOINT RESOLUTION convicted of offenses stated above from KRS 6.525 to prohibit salary earned in directing the Transportation Cabinet to purchasing ephedrine, pseudoephedrine, AN ACT relating to retirement. another state-administered system from erect roadside signs in Calloway County and phenylpropanolamine for not less than Amend KRS 6.505 to close being used to determine benefits in the identifying the town of Wiswell. five years following conviction; amend the Legislators’ Retirement Plan to new Legislators’ Retirement Plan if the member Direct the Transportation Cabinet KRS 218A.1437 relating to possession participants effective August 1, 2012; does not have service in the other state- to erect roadside signs in Calloway County of methamphetamine precursors to amend KRS 6.515 to increase the cost administered retirement systems prior to identifying the town of Wiswell. reduce amount that may be possessed of purchasing active duty military service August 1, 2012; create new sections of (Prefiled by the sponsor(s).) from 9 grams to 7 1/2 grams before a to the full actuarial cost in the Legislators’ KRS Chapter 6 to establish the Legislators’ prima facia case is created; create a new Retirement Plan, to prohibit service Defined Contribution Plan for legislators BR 389 - Representative Mike Cherry section of KRS Chapter 218A to permit purchases made on or after August who begin their first term of office on or after (12/14/11) persons prohibited from purchasing 1, 2012, from being used to vest for August 1, 2012; provide that the plan shall methamphetamine precursors to possess retiree health benefits in the Legislators’ be administered by the Kentucky Deferred AN ACT relating to retirement. them under a prescription; amend KRS Retirement Plan, and to require service Compensation Authority; allow the authority Amend KRS 6.525 to prohibit 218A.1446 to encourage retail dispensers purchased on or after August 1, 2012, to utilize plans already established or members of the Legislators’ Retirement to post signage warning of prohibitions in the Legislators’ Retirement Plan to to establish new plans to administer the Plan, who begin contributing on or after the relating to ephedrine, pseudoephedrine, assume the earliest retirement date and Legislators’ Defined Contribution Plan; effective date of the Act, from using salary and phenylpropanolamine and to create cost-of-living adjustments in determining provide an employer match of up to five earned in another state-administered a yearly 60 gram cap for the purchase of the appropriate actuarial cost; amend percent of the legislator’s wages; provide retirement system or plan to calculate these products; amend KRS 218A.1438 KRS 6.525 to prohibit salary earned that a legislator participating in the plan benefits in the Legislators’ Retirement to add an affirmative defense and make a in another state administered system shall be vested for employer contributions Plan. technical correction; create a new section from being used to determine benefits on a sliding scale that fully vests the (Prefiled by the sponsor(s).) of KRS Chapter 439 to require the Parole in the Legislators’ Retirement Plan if the legislator for the employer contributions at Board to order the parolee to participate in member does not have service in the other six years; provide that the benefits under BR 390 - Representative Wilson Stone the Precursor Block List and to refrain from state-administered retirement systems the Legislators’ Defined Contribution Plan (11/09/11) purchasing methamphetamine precursors prior to August 1, 2012; amend KRS shall not constitute an inviolable contract of for five years after release from parole; 61.680 to conform and to make technical the Commonwealth; amend KRS 18A.245

THE KENTUCKY GENERAL ASSEMBLY 61 to establish responsibilities of the board (12/16/11) require the Kentucky Board of Education all nurses who are licensed and practicing of the Kentucky Deferred Compensation to promulgate administrative regulations on the effective date of this Act to receive Authority to administer the Legislators’ A RESOLUTION urging the to require that each local school board one hour of training concerning the Defined Contribution Plan; amend KRS Kentucky General Assembly to adequately implement an acceptable use policy that recognition and treatment of complex 61.510, governing the Kentucky Retirement fund higher education to promote requires all school district employees who regional pain syndrome, also known as Systems, to clarify that a legislator who affordability for all students. use technology to comply with the policy reflex sympathetic dystrophy by December begin his or her first term of office on or Urge the General Assembly to which shall include the characteristics of 31, 2014; require all nurses licensed after after August 1, 2012, shall not participate make every effort to keep postsecondary digital citizenship; amend KRS 156.095 to the effective date of this Act to complete in these plans as a result of service in the education affordable through adequate include technology and the characteristics training concerning complex regional pain General Assembly. funding. of digital citizenship in the professional syndrome within their first three years of (Prefiled by the sponsor(s).) development activities which shall be practice. (Prefiled by the sponsor(s).) provided for teachers; and amend KRS BR 429 - Representative Keith Hall 158.148 to require local school districts (Prefiled by the sponsor(s).) BR 410 - Representative Wilson Stone (12/16/11) to include in their student behavior codes (11/16/11) behavior as it relates to being a good BR 439 - Representative Jim Glenn AN ACT relating to postsecondary digital citizen. (12/07/11) AN ACT relating to economic education affordability. (Prefiled by the sponsor(s).) development. Amend KRS 164.001 to define AN ACT relating to research and Amends KRS 154.32-090 to allow for a local “affordability,” as it relates to the attainment BR 434 - Representative Linda Belcher making an appropriation therefor. jurisdiction that imposes an occupational of a postsecondary undergraduate degree (11/29/11) Amend KRS 48.705 to annually license fee to request a waiver from the KY by Kentucky students; amend KRS 164.020 remove one percent of the balance in the Economic Development Finance Authority to require the Council on Postsecondary AN ACT relating to domestic budget reserve trust fund to be divided to offer alternative inducements. Education to include an assessment of relations. equally between the Kentucky alternative (Prefiled by the sponsor(s).) affordability in its annual status report; Amend KRS 403.135 to permit fuel and renewable energy fund, the rural amend KRS 15.257, 164.2843, and the inclusion of a minor child’s name in a development fund, and the water quality BR 411 - Representative Fitz Steele 164.465 to conform. domestic account of the infrastructure revolving fund, (12/15/11) (Prefiled by the sponsor(s).) relations proceeding. to be used for research and development; (Prefiled by the sponsor(s).) create a new section of KRS 152.00-710 to A JOINT RESOLUTION BR 430 - Representative Carl Rollins II 152.00-725 to establish the alternative fuel designating the bridge between Lawnvale (12/16/11) BR 435 - Senator Tim Shaughnessy research trust fund; amend KRS 224.1- and Loyall on Kentucky Route 840 in (12/07/11) 200 to establish the water quality account; Harlan County as the “Moo Cow Curve AN ACT relating to green cleaning amend KRS 248.655 to establish the Memorial Bridge.” products in schools. AN ACT relating to governance agricultural production research account. Direct the Transportation Create a new section of KRS responsibilities in postsecondary (Prefiled by the sponsor(s).) Cabinet to designate the bridge located Chapter 162 to provide rationale for the education. on Kentucky Route 840 in Harlan County use of green cleaning products in schools; Create new sections of KRS BR 441 - Representative Mike Denham between Lawnvale and Loyall as the “Moo define “cleaning product” and “green Chapter 164 to specify the common (12/05/11) Cow Curve Memorial Bridge” and to erect cleaning products”; require the Kentucky governance responsibilities of all boards the appropriate signage denoting this Department of Education to consult of trustees and boards of regents of the AN ACT relating to dental care designation. with the Department for Environmental Commonwealth’s public postsecondary benefit plans. (Prefiled by the sponsor(s).) Protection and the Kentucky Chapter of the institutions; require each public university Create a new section of Subtitle U. S. Green Building Council in promoting to submit to the Council on Postsecondary 17C of KRS Chapter 304 to define “covered BR 412 - Representative Tanya Pullin, green cleaning programs in schools; Education a plan to increase the number services” and “dental plan”; provide that a Representative Derrick Graham specify information to be disseminated to of students earning a bachelor’s degree; dental plan shall not require a participating (11/09/11) school districts; require publication of lists require the council to collect specific data dentist to provide noncovered services at of districts implementing green cleaning on each freshman and transfer student a fee set by or subject to the dental plan; AN ACT relating to promotional programs; name the section the “Green entering each university and thereafter provide that a third-party administrator for increments for state employees. Cleaning Schools Act.” track students until degree completion; a dental plan shall not make available any Amend KRS 18A.110 to allow (Prefiled by the sponsor(s).) report annually to the Legislative Research providers in its dentist network that sets the secretary of the Personnel Cabinet Commission on the number of students dental fees for any noncovered services; to approve the salary of a full-time state BR 432 - Representative Linda Belcher who complete bachelor’s degrees and provide that the penalties in KRS 304.99- employee with status who is promoted or (12/08/11) the average time to degree completion for 010 shall apply to any violation of this reclassified to a higher pay grade to the full-time and part-time students; report to section. same salary level that would be available AN ACT relating to coroners. the Interim Joint Committee on Education (Prefiled by the sponsor(s).) to new appointments in that grade. Amend KRS 72.450 to allow a annually on an institutional profile for each (Prefiled by the sponsor(s).) coroner in any county who is in possession university and a composite system profile BR 442 - Representative Rick G. Nelson of an unclaimed body to elect to cremate which provides current and six-year trends (11/22/11) BR 414 - Senator Damon Thayer certain unclaimed bodies, in lieu of burial, on a variety of student and institutional (12/06/11) provided no inquest has been held or is measures; require the board of trustees AN ACT relating to electricians. intended to be held or there is no reason or regents of each public university to Amend KRS 227A.100 to require A JOINT RESOLUTION naming to believe the body will be needed as include bachelor’s degree completion data biennial rather than annual renewal the bridge on United States Route 25 evidence in any criminal matter. trends as part of the annual evaluation of electrician and electrical contractor between Williamstown and Kentucky (Prefiled by the sponsor(s).) of the institutional president; require the licenses; establish biennial license renewal Route 36 in honor and memory of John D. University of Kentucky and the University on or before the last day of the licensee’s Risen. BR 433 - Representative Linda Belcher of Louisville to play each other in football birth month in each odd-numbered year; Direct the Transportation Cabinet (11/29/11) and men’s basketball each year. amend the level of continuing education to designate the bridge on U.S. Route (Prefiled by the sponsor(s).) from 6 to 12 to reflect the change to the 25 between Williamstown and Kentucky AN ACT relating to digital biennial renewal; EFFECTIVE January 1, Route 36 as the John D. Risen Memorial citizenship. BR 438 - Representative C. B. Embry Jr. 2013. Bridge and to erect signs denoting this Amend KRS 156.660 to define (11/30/11) (Prefiled by the sponsor(s).) designation. “digital citizenship” as a set of characteristics (Prefiled by the sponsor(s).) that conceptualize the rewards as well as AN ACT relating to training about BR 448 - Representative Sara Beth risks facing all technology users; set forth complex regional pain syndrome. Gregory (12/09/11) BR 421 - Representative Keith Hall the characteristics; amend KRS 156.675 to Amend KRS 314.073 to require

62 2011 Interim LEGISLATIVE RECORD AN ACT relating to personal BR 467 - Representative Leslie Combs necessary; urge the Representatives and watercraft. (12/09/11) A JOINT RESOLUTION Senators representing Kentucky in the Amend KRS 235.285 to clarify designating Kentucky Route 215 in U.S. Congress to withhold funds from the that the Rules of the Road for personal AN ACT relating to a power of Harlan County as the “Coach Earl Rogers agency enforcing the stream protection watercraft are part of the Inland Navigation attorney. Highway.” rule until justification is provided. Rules and provide specific citation for Amend KRS 386.093 to provide Direct the Transportation Cabinet (Prefiled by the sponsor(s).) those rules. that an attorney in fact, appointed under a to designate Kentucky Route 215 in (Prefiled by the sponsor(s).) power of attorney, shall not have the right Harlan County as the “Coach Earl Rogers BR 804 - Representative Arnold Simpson to waive the principal’s civil or constitutional Highway,” and to erect the appropriate (12/16/11) BR 449 - Senator Julie Denton (11/28/11) rights or restrict the principal’s freedom. signage. (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) AN ACT relating to criminal record AN ACT proposing to amend expungement. Section 99 of the Constitution of Kentucky BR 474 - Senator John Schickel BR 485 - Representative Rick G. Nelson Create a new section of KRS relating to the office of Constable. (12/15/11) (12/09/11) Chapter 431 to allow a felony record to be Propose to amend Section 99 of expunged under specified circumstances; the Constitution of Kentucky to abolish the A RESOLUTION honoring Circuit A RESOLUTION urging amend KRS 431.078, relating to office of Constable; submit to the voters Judge Anthony W. Frohlich. CSX corporate officials to require the misdemeanor expungement, to begin the of the Commonwealth for approval or Honor Kenton Circuit Judge maintenance of all CSX railroad crossings five-year waiting period from the date of disapproval. Anthony W. Frohlich for being named 2011 located in the Commonwealth. adjudication of the offense; amend KRS (Prefiled by the sponsor(s).) Circuit Judge of the Year by the Kentucky Urge CSX corporate officials to 527.040, relating to possession of a firearm Justice Association. require the maintenance of all CSX railroad by a felon, to exempt individuals who have BR 455 - Representative Jeff Hoover (Prefiled by the sponsor(s).) crossings located in the Commonwealth. had their felony records expunged; create a (12/16/11) (Prefiled by the sponsor(s).) new section of KRS Chapter 431 to require BR 475 - Representative Rick G. Nelson the Administrative Office of the Courts to AN ACT relating to gubernatorial (12/08/11) BR 487 - Representative Robert R. keep a confidential index of expungement elections. Damron (12/16/11) orders for the preparation of presentence Create new sections in KRS AN ACT relating to fraud investigations. Chapter 118 to require a candidate for prevention in the use of food stamps. AN ACT relating to unclaimed life Governor to select a running mate in a Amend KRS 205.200 to require insurance benefits. (Prefiled by the sponsor(s).) slate of candidates after filing a certificate that an applicant for benefits under the Create a new section of Subtitle or petition of nomination and not later than food stamp program show a government- 15 of KRS Chapter 304 requiring insurers BR 807 - Representative Jesse Crenshaw the second Tuesday in August preceding issued photo ID card at the initial interview to compare in-force life insurance policies (12/09/11) the regular election for the office of to determine eligibility; create a new against the Death Master File to determine Governor; establish a procedure to follow section of KRS Chapter 205 to require retail potential matches of their insureds; require AN ACT proposing an amendment if a vacancy occurs in a candidacy for the establishments to require a government- escheat of policy proceeds after the to Section 145 of the Constitution of office of Lieutenant Governor; amend KRS issued photo ID card before accepting expiration of the fee statutory time period Kentucky relating to persons entitled to 121.015 to redefine “slate of candidates”; payment from a food stamp enrollee using only if no claim for the policy’s proceeds vote. amend KRS 117.275, 118.025, 118.125, a food stamp card; create a new section has been made and if good faith efforts to Propose to amend Section 145 118.245, 120.055,120.095, and 121.170 of KRS Chapter 205 to require retail contact the retained asset holder and any of the Constitution of Kentucky to allow to conform; repeal KRS 118.127 and establishments to display a sign containing beneficiary are unsuccessful. persons convicted of a felony other than 118.227. the address and phone number of the (Prefiled by the sponsor(s).) treason, intentional killing, a sex crime, or (Prefiled by the sponsor(s).) fraud abuse hotline; amend KRS 205.990 bribery the right to vote after expiration of to require that retail establishments that fail BR 495 - Representative David Floyd probation, final discharge from parole, or BR 459 - Representative Kevin D Bratcher to comply with the requirement to request (12/15/11) maximum expiration of sentence; submit (12/16/11) ID shall be fined $500 for the first offense to the voters for ratification or rejection. and $1,000 for each subsequent offense; AN ACT relating to certified mail. (Prefiled by the sponsor(s).) AN ACT relating to limitation of create a fine for retail establishments that Amend KRS 446.010 to define actions. fail to display the fraud abuse hotline of “certified mail.” BR 813 - Representative Keith Hall Create a new section of KRS $100 for the first offense and $250 for each (Prefiled by the sponsor(s).) (12/16/11) Chapter 426 to provide that actions to subsequent offense; give the Cabinet for recover deficiency judgments resulting Health and Family Services authority to BR 801 - Representative Kevin Sinnette AN ACT relating to motor vehicle from foreclosure proceedings must be revoke the food stamp privileges of retail (12/15/11) insurance. brought within 2 years of the foreclosure establishments that do not comply. Amend KRS 186A.040, regarding sale and establish procedure for AN ACT relating to child maintenance of motor vehicle insurance, determining fair market value of property; (Prefiled by the sponsor(s).) pornography. to change from three to one as the number amend KRS 413.120 to include actions to Amend KRS 531.335 to of times a person may have their vehicle recover monetary obligations arising from BR 481 - Representative Ron Crimm criminalize the intentional viewing of child registration revoked for not maintaining consumer loans, excluding loans secured (12/12/11) pornography. insurance, before the revocation constitutes by real property and loans for educational (Prefiled by the sponsor(s).) a violation of KRS 304.39-080; amend expenses; amend KRS 413.090 to AN ACT relating to slow-moving KRS 186.180 to set the reinstatement fee conform. vehicles. BR 802 - Representative Fitz Steele for a revoked license at $20. (Prefiled by the sponsor(s).) Amend KRS 189.050 to provide (12/08/11) (Prefiled by the sponsor(s).) an alternate lighting system for motorless BR 466 - Representative Leslie Combs vehicle operated on a highway at night; A CONCURRENT RESOLUTION BR 814 - Senator Jimmy Higdon (12/16/11) amend KRS 189.820 to provide for an expressing concern about the Office (12/16/11) alternative means of marking motorless, of Surface Mining Reclamation and AN ACT relating to gas pipeline slow-moving vehicles with reflective Enforcement’s stream protection rule. AN ACT relating to compulsory safety. tape rather than using the slow-moving Express concern about the school age. Amend KRS 278.992 to delete vehicle emblem; amend KRS 189.830 to scope, justification and substance of the Amend KRS 159.010 to provide the $25,000 maximum penalty and replace conform. United States Office of Surface Mining that effective July 1, 2016, compulsory with civil penalties contained in federal (Prefiled by the sponsor(s).) Reclamation and Enforcement’s stream school attendance shall be between the code; make technical corrections. protection rule; recommend that the agency ages of six and seventeen; provide that (Prefiled by the sponsor(s).) BR 484 - Representative Rick G. Nelson provide objective and scientific data to effective July 1, 2017, compulsory school (12/09/11) determine whether regulatory changes are attendance shall be between the ages

THE KENTUCKY GENERAL ASSEMBLY 63 of six and eighteen; until July 1, 2017, AN ACT relating to sales and use (Prefiled by the sponsor(s).) Burch, Tom permit parents to withdraw from school tax and declaring an emergency. BR14*, 158* a child under the age of eighteen, under Amend KRS 139.496, relating to BR 880 - Representative Richard Butler, Dwight D. certain conditions; amend KRS 159.020 to sales and use taxes, to exempt the first Henderson (12/16/11) BR233*, 397* conform. $20,000 in sales made in any calendar Cherry, Mike (Prefiled by the sponsor(s).) year by nonprofit, civic, governmental, or AN ACT relating to the protection BR224*, 389* other nonprofit organizations, effective of disabled children. Clark, Larry BR 816 - Representative John Will Stacy May 1, 2010; EMERGENCY. Create a new section of KRS BR111 (12/16/11) (Prefiled by the sponsor(s).) Chapter 382 to allow a homeowner to Combs, Leslie alter or construct a structure on his or her BR114* AN ACT relating to sales and use BR 843 - Representative Julie Raque property for the accommodation or therapy BR336*, 466*, 467* tax. Adams (12/15/11) of a disabled child, notwithstanding Coursey, Will Amend KRS 139.480 to exempt any private property restrictions to the BR398*, 852* bees used in a commercial enterprise for AN ACT relating to Medicaid. contrary, if the construction or alteration is Crenshaw, Jesse the production of honey or wax for sale Create a new section of KRS made upon the advice of a physician and BR807* and certain items used in that pursuit; Chapter 205 to permit an enrollee in a home otherwise complies with local, state, and Crimm, Ron EFFECTIVE August 1, 2012. and community based services waiver federal law; EMERGENCY. BR31*, 48*, 120*, 121*, 122*, 123*, 323*, (Prefiled by the sponsor(s).) program to make a direct purchase of all (Prefiled by the sponsor(s).) 481* necessary medical devices, equipment, Damron, Robert R. BR 817 - Representative Kevin D Bratcher and supplies; require the Cabinet for BRs by Sponsor BR4*, 487* (12/15/11) Health and Family Services to promulgate * - denotes primary sponsorship of BRs DeCesare, Jim an administrative regulation to implement BR88* A RESOLUTION nominating the section. Senate Denham, Mike Staff Sergeant George Elmer Larkin, Jr. to (Prefiled by the sponsor(s).) BR441*, 842* the Kentucky Aviation Hall of Fame. Buford, Tom DeWeese, Bob M. Nominate Sgt. George E. Larkin, BR 848 - Representative John Short BR19*, 268* BR275 Jr. to the Kentucky Aviation Hall of Fame. (12/16/11) Clark, Perry B. Embry Jr., C. B. (Prefiled by the sponsor(s).) BR394* BR349*, 438* A JOINT RESOLUTION naming Denton, Julie Farmer, Bill BR 821 - Senator Damon Thayer several roads in Magoffin County. BR449* BR141*, 236* (12/16/11) Direct the Transportation Cabinet Harper Angel, Denise Fischer, Joseph M. to name several roads in Magoffin BR87*, 119*, 165*, 166* BR46*, 356* AN ACT proposing to amend County. Higdon, Jimmy Flood, Kelly Sections 53, 91, 93, 95, and 245 of the (Prefiled by the sponsor(s).) BR57*, 145*, 149*, 151*, 152*, 188*, BR193* Constitution of Kentucky relating to the 234*, 240*, 814* Floyd, David Treasurer. BR 852 - Representative Johnny Bell, Jensen, Tom BR153*, 495* Propose to amend Sections 53, Representative Will Coursey (12/16/11) BR101* Glenn, Jim 91, 93, 95, and 245 of the Constitution of Jones II, Ray S. BR275*, 439* Kentucky to abolish the office of Treasurer; AN ACT relating to the taxation of BR11*, 41*, 162* BR829* submit to the voters for their approval or watercraft and declaring an emergency. Palmer II, R.J. Graham, Derrick disapproval. Amend KRS 136.1802 to allow BR156*, 205* BR23*, 412 (Prefiled by the sponsor(s).) for an alternative apportionment method if Parrett, Dennis Gregory, Sara Beth the statutory method does not adequately BR104*, 105*, 400* BR204*, 448* BR 829 - Representative Jim Glenn reflect the use of watercraft by a company Pendleton, Joey Hall, Keith (12/15/11) in this state. BR201* BR368* (Prefiled by the sponsor(s).) BR261* BR421* A JOINT RESOLUTION Schickel, John BR429*, 813*, 862* authorizing and directing a study of the BR 862 - Representative Keith Hall BR62* Harmon, Mike feasibility of a job sharing program for (12/16/11) BR112*, 131*, 132* BR264*, 327* state employees. BR175*, 276*, 294*, 347* Henderson, Richard Direct the Personnel Cabinet AN ACT relating to pawnbrokers. BR474* BR111*, 154*, 880* to study the feasibility of a job sharing Create new sections of KRS Shaughnessy, Tim Henley, Melvin B. program for state employees; require Chapter 226 to require pawnbrokers BR435* BR8*, 22*, 108* report to be submitted to the Legislative to create and maintain a register when Thayer, Damon BR377*, 386* Research Commission on or before acquiring precious metals or gemstones; to BR68* Hoover, Jeff December 31, 2012. establish timeframes for holding precious BR414* BR236*, 324*, 455* (Prefiled by the sponsor(s).) metals and gemstones before such item BR821* Horlander, Dennis may be sold, altered, or otherwise disposed Webb, Robin L. BR111, 237* BR 834 - Representative Johnny Bell of; require criminal background check of BR254* Housman, Brent (12/15/11) persons selling or pawning precious metals Westwood, Jack BR409* or gemstones; and require pawnbrokers BR159*, 160*, 320* Jenkins, Joni L. AN ACT relating to slow-moving to establish a publicly accessible website BR30* vehicles. and post pictures of precious metal or House Keene, Dennis Amend KRS 189.820 to provide gemstones acquired; amend KRS 226.030 BR111, 214*, 239*, 350* for an alternative means of marking to prohibit a pawnbroker from acquiring Adams, Julie Raque Kerr, Thomas motorless, slow-moving vehicles with precious metals or gemstones from BR91*, 340*, 843* BR157*, 341* reflective tape rather than using the slow- convicted felons; amend KRS 226.990 to Belcher, Linda King, Kim moving vehicle emblem; amend KRS provide that, in addition to other penalties, BR245*, 281*, 282*, 283*, 284*, 401*, BR329* 189.830 to conform. a pawnbroker who acquires or disposes of 403*, 432*, 433*, 434* BR330* (Prefiled by the sponsor(s).) precious metals or gemstones in violation Bell, Johnny King, Martha Jane of KRS Chapter 226 shall be liable to BR207*, 834*, 852* BR233* BR 842 - Representative Mike Denham the rightful owner of precious metals or Bratcher, Kevin D Koenig, Adam (12/16/11) gemstones that have been timely reported BR459* BR217*, 218*, 219* as being stolen. BR817* BR221*

64 2011 Interim LEGISLATIVE RECORD BR222*, 399* Appropriations Environment and Conservation Public Medical Assistance Lee, Stan Arbitration Ethics Public Officers and Employees BR37*, 53* Archives and Records Federal Laws and Regulations Public Records and Reports Mayfield, Donna Athletics Fees Public Safety BR91* Attorney General Fiduciaries Public Salaries Mills, Terry Attorney, County Financial Responsibility Public Utilities BR272* Attorneys Firearms and Weapons Public Works Montell, Brad Auditor of Public Accounts Firefighters and Fire Departments Purchasing BR58*, 116*, 117*, 300* Audits and Auditors Fish and Wildlife Racing Napier, Lonnie Banks and Financial Institutions Foods Railroads BR63* Boats and Boating Forests and Forestry Real Estate Nelson, Rick G. Bonds, Public Fuel Reproductive Issues BR77*, 248*, 442*, 475* Budget and Financial Administration Gambling Retirement and Pensions BR484* Campaign Finance General Assembly Safety BR485* Cemeteries and Burials Governor Sales Nemes, Michael J. Charitable Organizations and Institutions Guardians Science and Technology BR189*, 246* Children and Minors Health and Medical Services Secretary of State Nesler, Fred Circuit Clerks Highways, Streets, and Bridges Securities BR344* Cities Hospitals and Nursing Homes Sheriffs Overly, Sannie Cities, Second Class Hotels and Motels Small Business BR9* Civil Actions Housing, Building, and Construction Special Districts Owens, Darryl T. Civil Procedure Immigration State Agencies BR185*, 267*, 286*, 360* Civil Rights Insurance State Employees Palumbo, Ruth Ann Claims Insurance, Health State Symbols and Emblems BR125* Coal Insurance, Motor Vehicle Statutes Pullin, Tanya Collective Bargaining Interstate Cooperation Studies Directed BR106*, 412* Commendations and Recognitions Jails and Jailers Substance Abuse Richards, Jody Commerce Judges and Court Commissioners Surface Mining BR328* Communications Junkyards Taxation Riggs, Steve Consolidated Local Governments Labor and Industry Taxation, Income--Corporate BR358* Constables Land Use Taxation, Income--Individual Rollins II, Carl Constitution, Ky. Legislative Research Commission Taxation, Inheritance and Estate BR18*, 75*, 76*, 78*, 430* Consumer Affairs Libraries Taxation, Property Short, John Contracts Licensing Taxation, Sales and Use BR848* Coroners Liens Taxation, Severance Simpson, Arnold Corrections and Correctional Facilities, Lieutenant Governor Teachers BR259*, 322*, 804* State Loans and Credit Technical Corrections Sinnette, Kevin Counties Local Government Tourism BR197*, 209*, 801* Counties of 75,000 or More Medicaid Trade Practices and Retailing Smart, Rita Counties, Urban Memorials Traffic Safety BR50* County Clerks Men Transportation Stacy, John Will County Judge/Executives Mental Disability Treasurer BR71*, 210*, 375*, 816* Court, Supreme Mental Health Unemployment Compensation Steele, Fitz Courts Military Affairs and Civil Defense Unified Local Governments BR74*, 79*, 306*, 307* Courts, Circuit Minerals and Mining United States BR315* Courts, District Motor Carriers Universities and Colleges BR316* Courts, Family Motor Vehicles Veterans’ Affairs BR411* Courts, Fiscal News Media Waste Management BR802* Crime Victims Noise Control Water Supply Stone, Wilson Crimes and Punishments Notices Waterways and Dams BR390*, 410* Criminal Procedure Nuisances Wills and Estates Wayne, Jim Dairying and Milk Marketing Nurses Wines and Wineries BR173*, 211*, 373* Data Processing Obscenity and Pornography Women Webb-Edgington, Alecia Deaths Occupations and Professions Workers’ Compensation BR135*, 136*, 325* Deeds and Conveyances Oil and Natural Gas Westrom, Susan Disabilities and the Disabled Parental Rights BR Index BR83* Disasters Parks and Shrines Wuchner, Addia Diseases Peace Officers and Law Enforcement Administrative Regulations and BR356* Distilled Spirits Personnel and Employment Proceedings Yonts, Brent Domestic Relations Pharmacists BR84*, 85*, 396* Drugs and Medicines Physicians and Practitioners Casino gaming - BR246 Economic Development Planning and Zoning Delayed effective date for administrative Index Headings Education, Elementary and Secondary Police, City and County regulations with major economic impact, Education, Finance Police, State establishment of - BR356 Administrative Regulations and Education, Higher Pollution Kentucky Proceedings Education, Vocational Popular Names and Short Titles Board of Education, districts of innovation, Advertising Effective Dates, Delayed Poverty implementation - BR76 Aeronautics and Aviation Effective Dates, Emergency Probation and Parole Board of Education, high school Aged Persons and Aging Effective Dates, Retroactive Property technology diploma, requirements for Agriculture Elections and Voting Public Advocate - BR85 Alcoholic Beverages Electricians Public Assistance Board of Education, personnel evaluation Alcoholism Embalmers and Funeral Directors Public Buildings and Grounds system - BR75 Amusements and Recreation Emergency Medical Services Public Ethics Board of Education, students with Animals, Livestock, and Poultry Energy Public Health disabilities, alternative diploma for -

THE KENTUCKY GENERAL ASSEMBLY 65 BR104 Amusements and Recreation Attorneys Medical imaging and radiation therapy Children and Minors board, promulgation of administrative Casino Motor vehicle reparation benefits, authority regulations by - BR210 gaming, licensing of - BR214 to direct payment - BR209 Body mass index, preventative health care State Police to promulgate administrative gaming, provisions for - BR246 examination forms, require on - BR165 regulations for LEOSA update - BR390 Casinos and gaming at horse racing Auditor of Public Accounts Charter school, enrollment in - BR117 tracks, constitutional amendment to let Child pornography, viewing of - BR801 Advertising county voters decide - BR189 Kentucky Personnel Board, distribution to, Compulsory school age, increase to age Tourism development projects, employment state agency audits - BR14 eighteen - BR814 Catfish, labeling of, requirements for - and wage requirements - BR185 Criminal conduct, age of responsibility - BR344 Audits and Auditors BR267 Pawnbrokers, precious metals and Animals, Livestock, and Poultry Dextromethorphan, possession and retail gemstones - BR862 State agency audits, improper financial sale, prohibition - BR306 School Catfish, labeling of, requirements for - handling, reports of - BR14 Disabled children, homeowner rights in buses, commercial advertising on - BR344 relation to - BR880 BR272 Farmstays, farm animal activity sponsor, Banks and Financial Institutions Domestic relations, personal identifiers - buses, restrictions on advertising - inclusion under definition for - BR50 BR434 BR272 Raw milk, sales of at farm location - Foreclosure and deficiency judgments, Education programs, career and technical Unsolicited advertising, littering, penalty BR294 time for bringing action - BR459 education - BR84; BR159; BR245 for - BR239 Return to Prudent Banking Act of 2011, Failure to report missing child - BR111; Appropriations urge Congress to enact - BR394 BR119 Aeronautics and Aviation Trusts and estates, administration of, Foster children, tuition waived - BR283 Budget reserve trust fund, appropriation of probate matters - BR341 Juvenile status offense actions, Airport noise overlay district - BR173 funds from - BR439 requirements and prohibitions - BR193 Larkin, Jr. Sgt. George E., nomination to Colon Cancer Screening Program, funding Boats and Boating Missing minor 12 or under, duty to report Kentucky Aviation Hall of Fame - BR817 for - BR275 - BR162 Local health departments, appropriate Personal watercraft, inland navigation Physical activity of school children, Aged Persons and Aging proceeds of NASCAR license plates to rules, citation for - BR448 assessment of - BR281 - BR156 Watercraft taxation, allow for alternative Report of dead child, increased penalty, Felony offenders, prohibition of Postsecondary education funding, urge apportionment - BR852 report of missing child, creation of offense employment of - BR19 budget priority of - BR421 - BR108 Long term care employment applicants, Roll Bonds, Public School, entrance age for - BR152 fingerprint checks - BR87 call vote in House, rule for - BR329 Search for lost person with a disability, Medicaid waiver enrollees, medical call vote, requirement for - BR330 Refunding transactions, direct deposit of procedures - BR300 supplies, direct purchase of - BR843 Share of casino admissions tax to county proceeds - BR4 Search for lost person with a disability, - BR246 Circuit Clerks procedures - BR300 Stale check claims, presentation to Budget and Financial Administration General Assembly annually - BR83 Operator’s licenses and personal Agriculture Veterans Personal Loan Program, provide Budget reserve trust fund, appropriation of identification cards, permit veteran funding for - BR154 funds from - BR439 designation on - BR62; BR74 Business permit, license, or credential, Kentucky Constitution, establish debt Pseudoephedrine sales, prohibitions for employment of unauthorized aliens, Arbitration limitations - BR264 certain drug offenders - BR396 grounds for nonissuance - BR53 Postsecondary education funding, urge Catfish, labeling of, requirements for - Agreements to arbitrate, enforceability of budget priority of - BR421 Cities BR344 - BR207 Refunding transactions, direct deposit of Farmstays, definition of - BR50 proceeds - BR4 Cities of the fourth class or greater with Industrial hemp, licensing and growing of Archives and Records Roll track, casino gaming provisions - BR214 - BR261 call vote in House, rule for - BR329 Council and mayoral positions, minimum Motorless Dissolution of marriage electronic forms, call vote, requirement for - BR330 age requirement, lower - BR399 vehicles, alternate lighting and marking requirement for - BR254 Federal “Secure Communities” program, requirements - BR481 Campaign Finance required use of - BR37 vehicles, alternate reflective marking Athletics Interstate mutual aid agreement - BR160 requirements - BR834 Electronic filing of reports by statewide Planning and zoning, airport noise overlay Raw milk, sales of at farm location - NASCAR special license plates, establish candidates, slates, and their committees district - BR173 BR294 - BR156 - BR224 Property tax, amend application of HB 44 Research, agricultural, funding for - University of Kentucky and University of Governor and Lieutenant Governor, no provisions - BR46 BR439 Louisville, annual football and basketball, contribution from legislative agent - Residential care facilities, licensing, games between - BR435 BR327 preemption of local authority for stricter Alcoholic Beverages Legislative ethics, changes to code - requirements - BR78 Attorney General BR324 Second class, boards of zoning adjustment DUI, ignition interlock device, utilization of Public financing for judicial campaigns, - BR358 - BR350 Database of employers using e-verify and program for - BR211 Unclaimed body, cremation of - BR432 Restaurants, retail drink license employers hiring illegal aliens, maintain Unsolicited advertising, local governments, requirement - BR175 - BR58 Cemeteries and Burials control of - BR239 Shock probation, prohibit, DUI death - Kentucky Computer Decency Act, Utilities, franchise bidder, prohibition on BR320 enforcement of - BR71 Funeral expenses for Confederate recovering franchise fee through fee or veterans, provision of repeal - BR222 surcharge - BR197 Alcoholism Attorney, County Unclaimed body, cremation of - BR432 Vehicles owned by, mandatory inspections of - BR18 DUI, ignition interlock device, utilization of Juvenile status offense actions, Charitable Organizations and - BR350 requirements and prohibitions - BR193 Institutions Cities, Second Class Shock probation, prohibit, DUI death - Juvenile, age of criminal responsibility - BR320 BR267 Trusts and estates, administration of, Boards of zoning adjustment, creation probate matters - BR341 when in county containing consolidated

66 2011 Interim LEGISLATIVE RECORD local government - BR358 Collective Bargaining procedures - BR300 Consumer Affairs Unsolicited advertising, local governments, Civil Actions Charter school employees, participation in control of - BR239 - BR117 Debtors, actions against, time for bringing Vehicles owned by, mandatory inspections Arbitration, enforcement of agreements - BR459 of - BR18 - BR207 Commendations and Recognitions Kentucky Computer Decency Act, Comparative fault action, procedures - prohibition on anonymous postings - Counties of 75,000 or More BR204 “Medal of Honor Way,” Designation of US BR71 Domestic 641 in Murray, KY - BR377 Trusts and estates, administration of, Counties of 90,000 or more, casino gaming relations, personal identifiers - BR434 Frohlich, Circuit Judge Anthony W., honor probate matters - BR341 provisions - BR214 violence, coverage of dating couples - - BR474 Unsolicited advertising, littering, penalty BR166 Larkin, Jr. Sgt. George E., nomination to for - BR239 Counties, Urban Estates, informal periodic settlement - Kentucky Aviation Hall of Fame - BR817 BR157 Contracts Casinos and gaming at horse racing Foreclosure and deficiency judgments, Commerce tracks, constitutional amendment to let time for bringing action - BR459 Arbitration, enforcement of agreements county voters decide - BR189 Juvenile status offense actions, Dairy, raw milk, sales of - BR294 - BR207 Local option election for casino gaming - requirements and prohibitions - BR193 Kentucky Wood Products Competitiveness Debtors, actions against, time for bringing BR246 Kentucky Computer Decency Act, Corporation, abolishment of - BR218 monetary claims - BR459 Residential care facilities, licensing, prohibition on anonymous postings - Kentucky Computer Decency Act, preemption of local authority for stricter BR71 Communications prohibition on anonymous postings - requirements - BR78 Maintenance orders for spouses, availability BR71 Search for lost person with a disability, of automatic payment methods - BR123 Electronic filing of campaign finance Public agencies, contractors must use e- procedures - BR300 Paternity, child born out of wedlock, reports by statewide candidates, slates, verify - BR58 defined - BR286 and their committees - BR224 County Clerks Pawnbrokers, precious metals and Harassing communications, expansion Coroners gemstones, receipt and disposal - of crime, and means of communication Candidates for Governor, running mate, BR862 - BR340 Report of dead child, increased penalty, delay selection of - BR455 Kentucky Computer Decency Act, report of missing child, creation of offense Deeds in lieu of foreclosure, filing Civil Procedure prohibition on anonymous postings - - BR108 requirements - BR237 BR71 Reporting of death, add State Police, Arbitration, enforcement of agreements Unsolicited advertising, littering, penalty increase penalty to felony - BR136 County Judge/Executives - BR207 for - BR239 Unclaimed body, cremation of - BR432 Comparative fault action, procedures - Library district boards, appointments to - BR204 Consolidated Local Governments Corrections and Correctional BR347 Domestic Facilities, State relations, personal identifiers - BR434 Casinos and gaming at horse racing Court, Supreme violence, coverage of dating couples - tracks, constitutional amendment to let Federal “Secure Communities” program, BR166 county voters decide - BR189 required use of - BR37 Public financing for campaigns, program Estates, informal periodic settlement - City of second class within county, board of Mentally ill, release of, notice - BR316 for - BR211 BR157 zoning adjustment, creation of - BR358 Probate fees, estate of officer killed in line Foreclosure and deficiency judgments, Council and mayoral positions, minimum of duty, exemption for - BR284 Courts time for bringing action - BR459 age requirement, lower - BR399 Juvenile status offense actions, Local option election for casino gaming - Counties Concealed deadly weapon, court requirements and prohibitions - BR193 BR246 commissioners, license to carry statewide Kentucky Computer Decency Act, Residential care facilities, licensing, Casinos and gaming at horse racing - BR268 prohibition on anonymous postings - preemption of local authority for stricter tracks, constitutional amendment to let Expungement of records, criminal history BR71 requirements - BR78 county voters decide - BR189 - BR804 Paternity action, child born out of wedlock, Search for lost person with a disability, Clerks, deeds in lieu of foreclosure, filing Kentucky Computer Decency Act, defined - BR286 procedures - BR300 requirements - BR237 prohibition on anonymous postings - Power of attorney, limitation of - BR467 Federal “Secure Communities” program, BR71 Trusts and estates, administration of, Constables required use of - BR37 Move federal terrorism trial from Bowling probate matters - BR341 Interstate mutual aid agreement - BR160 Green, Kentucky to the Guantanamo Constitutional amendment, abolish office Judge/executive, library district boards, detention facility - BR88 Civil Rights of - BR449 appointments to - BR347 Pseudoephedrine sales, prohibitions for Kentucky Blue Alert Network, creation of Kentucky Business Investment program, certain drug offenders - BR396 Disabled children, homeowner rights in - BR41 local occupational license fee, alternative Public financing for campaigns, program relation to - BR880 Retired, carrying concealed deadly inducements - BR410 for - BR211 Public assistance, substance abuse weapon, LEOSA update - BR390 Local option election for casino gaming - Real estate, sale under judicial process, screening - BR63 BR246 appraisal of - BR9 Constitution, Ky. Planning Claims and zoning, airport noise overlay district Courts, Circuit Casinos and gaming at horse racing - BR173 Stale check claims, presentation to tracks, constitutional amendment to let and zoning, board of zoning adjustment, Concealed deadly weapon, court General Assembly annually - BR83 county voters decide - BR189 creation of by city of second class - commissioners, license to carry statewide Constable, amendment to abolish office of BR358 - BR268 Coal - BR449 Property tax, amend application of HB 44 Domestic relations, personal identifiers - Debt limitations, establish - BR264 provisions - BR46 BR434 404 mitigation, straight pipe and sewer Even-year sessions of General Assembly, Public financing for campaigns, program Frohlich, Circuit Judge Anthony W., honor projects, use for - BR315 length of - BR145 for - BR211 - BR474 Severance tax, transfer of funds to Office of State Treasurer, abolition of- Residential care facilities, licensing, Maintenance orders for spouses, availability Worker’s Compensation Fund, deletion BR821 preemption of local authority for stricter of automatic payment methods - BR123 of requirement for - BR368 Voting rights for felons, constitutional requirements - BR78 Pseudoephedrine sales, prohibitions for admentment to provide - BR807 Search for lost person with a disability, certain drug offenders - BR396

THE KENTUCKY GENERAL ASSEMBLY 67 Public financing for campaigns, program - BR268 Failure to report missing child - BR111; procedures - BR300 for - BR211 Criminal damage to property, unlawfully BR119 Specific learning disability, identification Real estate, sale under judicial process, acquiring metals, inclusion of - BR141 Federal “Secure Communities” program, of, conformity with federal law - BR282 appraisal of - BR9 Death penalty, severely mentally ill required use of - BR37 Trusts and estates, administration of, defendant, preclusion of use for - BR360 Harassing communications, expansion probate matters - BR341 Courts, District Deeds in lieu of foreclosure, penalty for not of crime, and means of communication filing with county clerk within 30 days of - BR340 Disasters Concealed deadly weapon, court execution - BR237 Incest, relationship, step-grandparent and commissioners, license to carry statewide Define “cheat” and provide penalties for step-grandchild - BR401 Interstate mutual aid agreement - BR160 - BR268 - BR246 Kentucky Computer Decency Act, Search for lost person with a disability, Juvenile status offense actions, DUI, ignition interlock device, utilization of prohibition on anonymous postings - procedures - BR300 requirements and prohibitions - BR193 - BR350 BR71 Juvenile, age of criminal responsibility - Expungement of records, criminal history Missing minor 12 or under, duty to report Diseases BR267 - BR804 - BR162 Juveniles, dependency and neglect actions Failure to report missing child - BR111; Move federal terrorism trial from Bowling Complex regional pain syndrome, training - BR267 BR119 Green, Kentucky to the Guantanamo requirement - BR438 Maintenance orders for spouses, availability Federal “Secure Communities” program, detention facility - BR88 of automatic payment methods - BR123 required use of - BR37 Profits of crime, seizure, payable to Crime Distilled Spirits Paternity action, child born out of wedlock, Felons’ voting rights, constitutional Victims Compensation Board - BR259 defined - BR286 amendment to provide - BR807 Pseudoephedrine-based drugs, provisions Restaurants, retail drink license Pseudoephedrine sales, prohibitions for Felony relating to - BR101; BR403 requirement - BR175 certain drug offenders - BR396 offenders, prohibition of employment of Public transportation, offenses against Public financing for campaigns, program - BR19 user or operator of - BR30 Domestic Relations for - BR211 offenders, public properties not to be Report of dead child, increased penalty, named after - BR48 report of missing child, creation of offense Dissolution of marriage electronic forms, Courts, Family Harassing communications, expansion - BR108 requirement for - BR254 of crime, and means of communication Shock probation, prohibit, DUI death - Domestic violence, coverage of dating Concealed deadly weapon, court - BR340 BR320 couples - BR166 commissioners, license to carry statewide Incest, relationship, step-grandparent and Maintenance orders for spouses, availability - BR268 step-grandchild - BR401 Dairying and Milk Marketing of automatic payment methods - BR123 Domestic relations, personal identifiers - Juvenile, age of criminal responsibility - Personal identifiers - BR434 BR434 BR267 Dairy, raw milk, sales of - BR294 Juvenile status offense actions, Kentucky Computer Decency Act, Drugs and Medicines requirements and prohibitions - BR193 prohibition on anonymous postings - Data Processing Juvenile, age of criminal responsibility - BR71 Dextromethorphan, possession and retail BR267 Missing minor 12 or under, duty to report Harassing communications, expansion sale, restriction - BR306 Juveniles, dependency and neglect actions - BR162 of crime, and means of communication DUI, ignition interlock device, utilization of - BR267 Motor vehicle insurance requirement - BR340 - BR350 Maintenance orders for spouses, availability violation, threshold for - BR813 Kentucky Computer Decency Act, Interpharmacy medication exchange, of automatic payment methods - BR123 Move federal terrorism trial from Bowling prohibition on anonymous postings - permit if immediate need - BR375 Green, Kentucky to the Guantanamo BR71 Pain management facilities, licensure Courts, Fiscal detention facility - BR88 requirements - BR188 Profits of crime, seizure, payable to Crime Deaths Pseudoephedrine sales, prohibitions for Library district boards, approval of county Victims Compensation Board - BR259 certain drug offenders - BR396 judges’ appointments to - BR347 Pseudoephedrine sales, prohibitions for Death penalty, severely mentally ill Pseudoephedrine-based drugs, provisions certain drug offenders - BR396 defendant, preclusion of use for - BR360 relating to - BR101; BR403 Crime Victims Pseudoephedrine-based drugs, provisions Reporting of death, add State Police, Substance abuse screening, public relating to - BR101; BR403 increase penalty to felony - BR136 assistance - BR63 Criminal conduct, age of responsibility - Public transportation, offenses against Unclaimed body, cremation of - BR432 Vocational education recipients, substance BR267 user or operator of - BR30 abuse testing, requirement for - BR151 Expungement of records, criminal history Report of dead child, increased penalty, Deeds and Conveyances - BR804 report of missing child, creation of offense Economic Development Felony offenders, prohibition of - BR108 Trusts and estates, administration of, employment of - BR19 Reporting of death, add State Police, probate matters - BR341 Angel investor tax credit program, create Incest, relationship, step-grandparent and increase penalty to felony - BR136 - BR322 step-grandchild - BR401 Shock probation, prohibit, DUI death - Disabilities and the Disabled Casinos and gaming at horse racing Notice, mentally ill, release of - BR316 BR320 tracks, constitutional amendment to let Precisous metals and gemstones, Unsolicited advertising, littering, penalty Alternative high school diploma, county voters decide - BR189 pawnbrokers, receipt of - BR862 for - BR239 establishment of - BR104 Kentucky Profits of crime, seizure, payable to Crime Complex regional pain syndrome, training Business Investment program, local Victims Compensation Board - BR259 Criminal Procedure requirement - BR438 occupational license fee, alternative Shock probation, prohibit, DUI death, Disabled inducements - BR410 victim’s next of kin statement - BR320 Arrest for misdemeanor assault in hospital children, homeowner rights in relation to Investment Fund Act, amend credit cap Unclaimed body, cremation of - BR432 emergency room permitted - BR276 - BR880 - BR322 Child pornography, viewing of - BR801 veteran license plates, no charge for 50% job creation development fund, creation of Crimes and Punishments Concealed deadly weapon, court service-connected disability - BR135 - BR214 commissioners, license to carry statewide Felony offenders, prohibition of Wood Products Competitiveness Arrest for misdemeanor assault in hospital - BR268 employment of - BR19 Corporation, abolishment of - BR218 emergency room permitted - BR276 Death penalty, severely mentally ill Long term care employment applicants, Tourist and convention commissions, Cheat, definition of and penalties for - defendant, preclusion of use for - BR360 fingerprint checks - BR87 membership of - BR234 BR214 DUI, ignition interlock device, utilization of Residential care facilities, licensing, Child pornography, viewing of - BR801 - BR350 preemption of local authority for stricter Education, Elementary and Secondary Concealed deadly weapon, court Expungement of records, criminal history requirements - BR78 commissioners, license to carry statewide - BR804 Search for lost person with a disability, Advanced academic achievement diploma,

68 2011 Interim LEGISLATIVE RECORD creation of - BR328 diploma, creation of - BR328 1, 2012 - BR8 Embalmers and Funeral Directors Body mass index, preventative health care Postsecondary examination forms, require on - BR165 affordability, require assessment of - Effective Dates, Emergency Unclaimed body, cremation of - BR432 Charter BR429 school, requirements for - BR117 funding, urge budget priority of - BR421 Career Emergency Medical Services schools, application and approval of - School buses, commercial advertising on and technical education - BR84; BR159 BR117 - BR272 and technical education, creation of Naming of public properties, emergency schools, renewal or revocation of charter Tuition and fee waiver, family members programs - BR245 medical service system - BR48 - BR117 of veterans eligibility, time limitations for Disabled children, homeowner rights in Childhood education excellence - BR336 relation to - BR880 Energy development fund, creation of - BR214 Veterans’ organization, tangible personal Gross revenues and excise tax fund, hold Compulsory school age, increase to age property tax, exempt - BR8 harmless amount, increase - BR121 404 mitigation, for straight pipes and eighteen - BR814 Nonprofit organizations, exemption from sewer, Energy and Environment Cabinet, Digital citizenship, inclusion in discipline Education, Higher sales and use tax - BR842 study of - BR315 code and professional development - Pain management facilities, licensure Pipeline safety, civil penalties, change of BR433 Affordability, require assessment of - requirements - BR188 - BR466 Districts of innovation, authorization of - BR429 Sales Research, energy, funding for - BR439 BR76 Bachelor’s degree completion, board and use tax holiday - BR91 Early childhood assessment and responsibility for - BR435 tax holiday - BR307 Environment and Conservation intervention, district-wide implementation Charter schools, authorizers of - BR117 School calendar, adjustments to - BR57 of - BR282 Foster children, tuition waived - BR283 School-based decision making councils, 404 mitigation, straight pipe and sewer Evaluation, certified personnel - BR75 Funding, urge budget priority of - BR421 requirements for members - BR23 projects, use for - BR315 Foster children, tuition waived - BR283 KEES Office of Surface Mining Reclamation and Green cleaning products in schools, scholarships base amount, raise minimum Effective Dates, Retroactive Enforcement, stream protection rule, promotion of - BR430 GPA to 3.0 - BR77 express concern about - BR802 High school technology diploma, scholarships supplemental amount, raise Nonprofit organizations, exemption from Recyclers and junkyards, nonferrous metal requirements for - BR85 minimum ACT test score to 18 - BR77 sales and use tax - BR842 purchases, requirements for - BR205 Juvenile status offense actions, supplemental award for academic Timber Theft and Trespass Reduction Task requirements for - BR193 diploma, creation of - BR328 Elections and Voting Force, establishment of - BR114 KEES Kentucky Commission on Public Health, Work safety program for timber trades, scholarships base amount, raise minimum creation of the - BR158 Candidates for Governor, running mate, development of program for - BR218 GPA to 3.0 - BR77 Programs, career and technical education delay selection of - BR455 scholarships supplemental amount, raise - BR84; BR159; BR245 Casinos and gaming at horse racing Ethics minimum ACT test score to 18 - BR77 Public university vehicles, mandatory tracks, constitutional amendment to let Physical activity of children, assessment inspection of - BR18 county voters decide - BR189 Legislative agent, no contribution to of and data use - BR281 Quicksand Wood Utilization Center, Constitutional campaign for Governor or Lieutenant Programs, career and technical education University of Kentucky, training center amendment, abolish office of Constable Governor - BR327 - BR84; BR159; BR245 use of - BR218 - BR449 Legislative, changes to code - BR324 Reports required, commercial advertising School buildings, naming of - BR48 amendment, even-year sessions of on school buses - BR272 Tuition and fee waiver, family members General Assembly, length of - BR145 Federal Laws and Regulations School of veterans eligibility, time limitations for Council and mayoral positions, minimum buildings, naming of - BR48 - BR336 age requirement, lower - BR399 E Verify, use of by business permit, license, buses, commercial advertising on - Electronic filing of campaign finance or credential holder - BR53 BR272 Education, Vocational reports by statewide candidates, slates, Office of Surface Mining Reclamation and calendar, adjustments to - BR57 and their committees - BR224 Enforcement, stream protection rule, calendar, inclusion of election days in - Creation of programs relating to career Felons’ voting rights, constitutional express concern about - BR802 BR57 and technical education - BR84; BR159; amendment to provide - BR807 Return to Prudent Banking Act of 2011, vehicles, mandatory inspection of - BR18 BR245 Governor and Lieutenant Governor, no urge Congress to enact - BR394 School, entrance age for - BR152 Quicksand Wood Utilization Center, campaign contribution from legislative School-based University of Kentucky, training center agent - BR327 Fees decision making councils, parent member, use of - BR218 Legislative ethics, changes to code - residency requirements for - BR23 School buildings, naming of - BR48 BR324 Medical imaging and radiation therapy decision making councils, teacher Local board, licensing and related fees charged member, requirements for - BR23 Effective Dates, Delayed option election for casino gaming - by - BR210 State service, sufficiency of high school BR246 Probate, estates of those killed in line of diploma for promotion whether or not Bees and beekeeping supplies, sales option elections, casino gaming approval duty, exemption for - BR284 school is accredited - BR153 and use tax exemption, August 1, 2012 for - BR214 Stale treasury check reissuance fee, Statewide evaluation program, waiver - BR816 Office of State Treasurer, abolition of- repeal of - BR83 from - BR75 BR BR821 Students with disabilities, alternative high 325, August 1, 2012 - BR325 Precinct election officers, absentee voting Fiduciaries school diploma for - BR104 400, August 1, 2012 - BR400 - BR219 Teachers, hiring of, preference given to 442, January 1, 2013 - BR442 Presidential election by national popular Estates, informal periodic settlement - regular certification - BR248 Community rehabilitation tax credit, tax vote, compact for - BR125 BR157 periods after January 1, 2013 - BR233 Public financing for judicial races, Power of attorney, limitation of - BR467 Education, Finance Pseudoephedrine-based drugs, provisions establishment of - BR211 Trusts and estates, administration of, relating to - BR403 Schools, polling places in - BR57 probate matters - BR341 Charter school, transfer of funds to - Public financing for judicial campaign, Slate of candidates, designation of BR117 effective January 1, 2012 - BR211 Lieutenant Governor candidate after Financial Responsibility KEES Special license plates, effective 1/1/2013 primary - BR327 scholarships base amount, raise minimum - BR135 Debtors, actions against, time for bringing GPA to 3.0 - BR77 Veterans’ Electricians - BR459 scholarships supplemental amount, raise organization, property tax, January 1, Refunding transactions, direct deposit of minimum ACT test score to 18 - BR77 2013 - BR8 License, biennial renewal - BR442 proceeds - BR4 supplemental award for academic organization, sales tax, exemption, August

THE KENTUCKY GENERAL ASSEMBLY 69 Firearms and Weapons BR48 financial assistance to - BR221 for noncovered services, prohibition of - Retirement, Pseudoephedrine sales, prohibitions for BR441 Concealed deadly weapon, court close Legislators’ Retirement Plan to certain drug offenders - BR396 Motor vehicle reparation benefits, authority commissioners, license to carry statewide new entrants and establish new plan Residential care facilities, licensing, to direct reimbursement - BR209 - BR268 - BR240; BR409 preemption of local authority for stricter Unclaimed life insurance benefits - BR487 Felon possession restrictions, exclusion of close Legislators’ Retirement Plan to new requirements - BR78 expunged offenses - BR804 members - BR400 Insurance, Health Peace officer, retired, carrying concealed cost of purchasing service credit - BR400 Highways, Streets, and Bridges weapon, LEOSA update - BR390 restriction of account consolidation with Dental plan, establishment of fees for other state systems - BR149; BR323; “Coach Earl Rogers Highway,” designate noncovered services, prohibition of - Firefighters and Fire Departments BR400; BR409 in Harlan County - BR484 BR441 Roll “Magoffin County Civil War Highway,” Motor vehicle reparation benefits, Fire Department vehicles, mandatory call vote for appropriation or revenue designation of in Magoffin County - reimbursement of health benefit plan - inspections of - BR18 measure, requirement for - BR330 BR848 BR209 Probate fees, estates of those killed in line call vote in House for appropriation or “Medal of Honor Way,” Designation of US of duty, exemption for - BR284 revenue measure, rule for - BR329 641 in Murray, KY - BR377 Insurance, Motor Vehicle “Moo Cow Curve Memorial Bridge,” Fish and Wildlife Governor designate in Harlan County - BR411 Insurance requirement violation, threshold “Pound Gap/Mount Sterling Road,” for - BR813 404 mitigation, straight pipe and sewer Legislative agent, no contribution to designation of in Magoffin County - Reparation benefits, authority to direct projects, use for - BR315 campaign - BR327 BR848 reimbursement for personal injury - Catfish, labeling of, requirements for - Running mate selection, delay until after DUI, ignition interlock device, utilization of BR209 BR344 primary - BR455 - BR350 Personal watercraft, inland navigation Slate of candidates, designation of John D. Risen Memorial Bridge, Interstate Cooperation rules, citation for - BR448 Lieutenant Governor candidate after designation of - BR414 primary - BR327 Kentucky Blue Alert Network, creation of Interstate mutual aid agreement - BR160 Foods University board members, removal of - - BR41 Presidential election by national popular BR14 Motorless vote, compact for - BR125 Food stamp cards, requirement of ID and vehicles, alternate lighting and marking display of fraud hotline for stores that Guardians requirements - BR481 Jails and Jailers accept - BR475 vehicles, alternate reflective marking Power of attorney, limitation of - BR467 requirements - BR834 Federal “Secure Communities” program, Forests and Forestry Trusts and estates, administration of, Naming in honor of - BR48 required use of - BR37 probate matters - BR341 Speed bumps, local government Timber Theft and Trespass Reduction Task requirements for - BR122 Judges and Court Commissioners Force, establishment of - BR114 Health and Medical Services Wiswell, signs identifying in Calloway County - BR386 Frohlich, Circuit Judge Anthony W., honor Fuel Board of Medical Licensure, composition - BR474 of - BR106 Hospitals and Nursing Homes Mentally ill, release of, notice - BR316 404 mitigation, straight pipe and sewer Cabinet for Health and Family Services, Public financing for judicial races, projects, report on - BR315 tattoo facilities, notice requirement - Arrest for misdemeanor assault in hospital establishment of - BR211 Pipeline safety, civil penalties, change of BR120 emergency room permitted - BR276 Retirement, restriction of account - BR466 Charitable health care, income tax Long term care employment applicants, consolidation with other state systems - deduction for - BR398 fingerprint checks - BR87 BR149; BR323 Gambling Colon Cancer Screening Program - BR275 Hotels and Motels Junkyards Casino Complex regional pain syndrome, training gaming, licensing of - BR214 requirement - BR438 Bed and breakfast establishments, Copper, prohibition on purchasing, gaming, provisions for - BR246 Dental plan, establishment of fees for definition of - BR50 exemptions - BR141 Casinos and gaming at horse racing noncovered services, prohibition of - Nonferrous metal purchases, requirements tracks, constitutional amendment to let BR441 Housing, Building, and Construction for - BR205 county voters decide - BR189 Durable medical equipment providers, instate office requirement, parity with Planning and zoning, airport noise Labor and Industry General Assembly other states - BR22 overlay district, building materials and Felony offenders, prohibition of construction techniques - BR173 Electricians, biennial license renewal - Administrative regulations with major employment of - BR19 BR442 economic impact, establishment of Interpharmacy medication exchange, Immigration Registration by employers with public delayed effective date for - BR356 permit if immediate need - BR375 contracts or with eleven or more Casinos and gaming at horse racing Kentucky Commission on Public Health, Employers with eleven of more employees, employees in E-verify - BR58 tracks, constitutional amendment to let creation of the - BR158 use e-verify - BR58 Tourism development projects, employment county voters decide - BR189 Living organ donation, promotion of - Employment of unauthorized aliens, and wage requirements - BR185 Debt limitations, constitutional admentment BR31 grounds for nonissuance of business to establish - BR264 Local health departments, direct proceeds permit, license, or credentia - BR53 Land Use Even-year sessions of General Assembly, of NASCAR license plates to - BR156 Federal “Secure Communities” program, length of - BR145 Long term care employment applicants, required use of - BR37 Boards of zoning adjustment, creation Legislative fingerprint checks - BR87 when in county containing consolidated agent, no contribution to campaign for Medicaid waiver enrollees, medical Insurance local government - BR358 Governor or Lieutenant Governor - supplies, direct purchase of - BR843 Planning and zoning, airport noise overlay BR327 Medical imaging technologists and Credit district - BR173 ethics, changes to code - BR324 radiation therapists, licensing and history, use of by insurers, prohibition - Residential care facilities, licensing, Legislators’ Retirement Plan, restrict regulation of - BR210 BR11 preemption of local authority for stricter account consolidation with other state Pain management facilities, licensure history, use of, unfair or deceptive practice requirements - BR78 systems for new hires - BR389 requirements - BR188 - BR11 Name of public property, revocation of - Pregnancy resource centers, encourage Health, dental plan, establishment of fees Legislative Research Commission

70 2011 Interim LEGISLATIVE RECORD primary - BR327 Mathis, Jr., Willie, memorializing - BR131 user or operator of - BR30 Audits of state agencies, findings of O’Daniel, Thomas, memorializing - BR112 Publicly owned vehicles, mandatory improper financial handling, reports of Loans and Credit inspections of - BR18 - BR14 Men Purple Heart license plate, design Designation Debtors, actions against, time for bringing requirements - BR397 of appropriation or revenue measure, monetary claims - BR459 Domestic violence, coverage of dating Reparation benefits, authority of attorney requirement for - BR330 Pawnbrokers, precious metals and couples - BR166 or insured to direct reimbursement for of appropriations or revenue measure in gemstones, receipt and disposal - injuries - BR209 House, rule for - BR329 BR862 Mental Disability Shock probation, prohibit, DUI death - Job sharing program for state employees, Veterans affairs, fund personal loan BR320 Personnel Cabinet study of - BR829 program for - BR154 Death penalty, severely mentally ill Legislative ethics, changes to code - defendant, preclusion of use for - BR360 News Media BR324 Local Government Medicaid waiver enrollees, medical Timber Theft and Trespass Reduction Task supplies, direct purchase of - BR843 Kentucky Blue Alert Network, creation of Force, establishment of - BR114 Business permit, license, or credential, Residential care facilities, licensing, - BR41 Vehicles, mandatory inspection of - BR18 employment of unauthorized aliens, preemption of local authority for stricter Search for lost person with a disability, grounds for nonissuance - BR53 requirements - BR78 procedures, notification of media - Libraries Constitutional amendment, abolish office BR300 of Constable - BR449 Mental Health Library district boards, appointments to - Council and mayoral positions, minimum Noise Control BR347 age requirement, lower - BR399 Death penalty, severely mentally ill Naming to honor individual or group - County Judges/Executive, library district defendant, preclusion of use for - BR360 Planning and zoning, airport noise overlay BR48 boards, appointments to - BR347 Mentally ill, release of, notice - BR316 district - BR173 Gross revenues and excise tax fund, hold Licensing harmless amount, increase - BR121 Military Affairs and Civil Defense Notices Interstate mutual aid agreement - BR160 Board of Medical Licensure, composition Kentucky Benton, Brett Patrick, memorializing - Certified mail, definition of - BR495 of - BR106 Business Investment program, local BR68 Kentucky Blue Alert Network, creation of Business permit, license, or credential, occupational license fee, alternative Kentucky Blue Alert Network, creation of - BR41 employment of unauthorized aliens, inducements - BR410 - BR41 Tattoo facilities, military disqualification grounds for nonissuance - BR53 Commission on Public Health, creation of Military service, disqualification because notice to be posted by - BR120 Casino the - BR158 of tattoos, notice to patrons of tattoo employees, licensing of - BR214 Local health departments, direct proceeds facilities - BR120 Nuisances gaming, licensing of - BR214 of NASCAR license plates to - BR156 Move federal terrorism trial from Bowling occupations, licensing of - BR246 Planning Green, Kentucky to the Guantanamo Unsolicited advertising, littering, penalty Electricians, biennial license renewal - and zoning, airport noise overlay district detention facility - BR88 for - BR239 BR442 - BR173 Prisoner of War and Missing in Action flag, E-verify, requirement to use by licensees and zoning, board of zoning adjustment, definition of - BR79 Nurses with eleven or more employees - BR58 creation of by city of second class - Probate fees, estate of soldier killed in line Full and limited casino gaming, licensing BR358 of duty, exemption for - BR284 Arrest for misdemeanor assault in hospital of - BR246 Residential care facilities, licensing, Public property, naming to honor individual emergency room permitted - BR276 Gaming suppliers and manufacturers, preemption of local authority for stricter or group - BR48 Complex regional pain syndrome, training licensing of - BR246 requirements - BR78 Purple Heart license plate, design requirement - BR438 Industrial hemp, growing of - BR261 Search for lost person with a disability, requirements - BR397 Felony offenders, prohibition of Medical imaging technologists and procedures - BR300 Veterans affairs, fund personal loan employment of - BR19 radiation therapists, licensing and Speed bumps, local government program for - BR154 Long term care employment applicants, regulation of - BR210 requirements for - BR122 fingerprint checks - BR87 NASCAR special license plates, Tourist and convention commissions, Minerals and Mining Transportation Cabinet licensing fees to membership of - BR234 Obscenity and Pornography NASCAR - BR156 Unclaimed body, cremation of - BR432 404 mitigation, straight pipe and sewer Registered tattoo facilities, military Unsolicited advertising, local governments, projects, use for and report on - BR315 Child pornography, viewing of - BR801 disqualification notice to be posted by - control of - BR239 Office of Surface Mining Reclamation and BR120 Vehicles owned by, mandatory inspections Enforcement, stream protection rule, Occupations and Professions Residential care facilities, licensing, of - BR18 express concern about - BR802 preemption of local authority for stricter Veterans’ organization, tangible personal Business permit, license, or credential, requirements - BR78 property tax, exemption - BR8 Motor Carriers employment of unauthorized aliens, Retail drink license, food sales requirement grounds for nonissuance - BR53 - BR175 Medicaid Public transportation, offenses against Casino suppliers, licensing of - BR214 user or operator of - BR30 Junkyards, prohibition on purchasing Liens Eligibility for benefits, substance abuse copper, exemptions - BR141 screening - BR63 Motor Vehicles Medical imaging technologists and Foreclosure and deficiency judgments, Waiver program enrollees, medical radiation therapists, licensing and time for bringing action - BR459 supplies, direct purchase of - BR843 Disabled veteran license plates, no charge regulation of - BR210 Trusts and estates, administration of, for 50% service-connected disability - Physicians, composition of Board of probate matters - BR341 Memorials BR135 Medical Licensure - BR106 DUI, ignition interlock device, utilization of Lieutenant Governor Adams, Representative John, memorialize - BR350 Oil and Natural Gas - BR201 Gold Star Sibling special license plate, Candidates for Governor, running mate, Benton, Brett Patrick, memorializing - establishment - BR135 Pipeline safety, civil penalties, change of delay selection of - BR455 BR68 Insurance requirement violation, threshold - BR466 Legislative agent, no contribution to Deters, Margaret B., memorializing - for - BR813 campaign - BR327 BR132 NASCAR special license plates, establish Parental Rights Slate of candidates, designation of John D. Risen Memorial Bridge, - BR156 Lieutenant Governor candidate after designation of - BR414 Public transportation, offenses against Disabled children, homeowner rights in

THE KENTUCKY GENERAL ASSEMBLY 71 relation to - BR880 Medicaid waiver enrollees, medical Unsolicited advertising, littering, penalty BR31 Missing minor 12 or under, duty to report supplies, direct purchase of - BR843 for - BR239 Local health departments, direct proceeds - BR162 Medical imaging technologists and of NASCAR license plates to - BR156 Paternity, child born out of wedlock, radiation therapists, licensing and Pollution Pregnancy resource centers, encourage defined - BR286 regulation of - BR210 financial assistance to - BR221 Pain management facilities, licensure 404 mitigation, straight pipe and sewer Raw milk, sales of at farm location - Parks and Shrines requirements - BR188 projects, use for - BR315 BR294 Pseudoephedrine-based drugs, provisions Vital records, security of - BR105 Naming in honor of - BR48 relating to - BR101; BR403 Popular Names and Short Titles Public Medical Assistance Peace Officers and Law Enforcement Planning and Zoning Caylee’s Law - BR162 Kentucky Computer Decency Act - BR71 Colon Cancer Screening Program - Arrest for misdemeanor assault in hospital Airport noise overlay district - BR173 Trooper Jonathan K. Leonard Kentucky BR275 emergency room permitted - BR276 Boards of zoning adjustment, creation Blue Alert System Act - BR41 Eligibility for benefits, substance abuse DUI, cost of blood alcohol testing - BR350 when in county containing consolidated screening - BR63 Funding, KLEFP fund salary supplements local government - BR358 Poverty - BR217 Public Officers and Employees Juvenile, age of criminal responsibility - Police, City and County Public assistance, substance abuse BR267 screening - BR63 Council and mayoral positions, minimum Kentucky Blue Alert Network, creation of Arrest for misdemeanor assault in hospital age requirement, lower - BR399 - BR41 emergency room permitted - BR276 Probation and Parole Full-time state employees with status, Missing minor 12 or under, duty to report Failure to report missing child - BR111; promotional or reclassification of salaries - BR162 BR119 Shock probation, prohibit, DUI death - - BR412 Pawnbrokers, precious metals and Federal “Secure Communities” program, BR320 Legislators’ Retirement Plan, restrict gemstones, receipt and disposal - required use of - BR37 account consolidation with other state BR862 Funding, KLEFP fund salary supplements Property systems for new hires - BR389 Personal watercraft, inland navigation - BR217 Probate fees, estates of those killed in line rules, citation for - BR448 Junkyards, report of copper transactions, Disabled children, homeowner rights in of duty, exemption for - BR284 Probate fees, estate of officer killed in line requirement for - BR141 relation to - BR880 Retirement, of duty, exemption for - BR284 Kentucky Blue Alert Network, creation of Profits of crime, seizure, payable to Crime close Legislators’ Retirement Plan to Public property, naming to honor individual - BR41 Victims Compensation Board - BR259 new entrants and establish new plan or group - BR48 Missing minor 12 or under, duty to report Real, deeds in lieu of foreclosure, filing - BR240; BR409 Reporting of death, add State Police, - BR162 requirements - BR237 close Legislators’ Retirement Plan to increase penalty to felony - BR136 Public property, naming in honor of Trusts and estates, administration of, new members and restrict account Retired, carrying concealed deadly individual or group - BR48 probate matters - BR341 consolidation - BR400 weapon, LEOSA update - BR390 Report of dead child, increased penalty, Unsolicited advertising, littering on private Search for lost person with a disability, Unsolicited advertising, littering, penalty report of missing child, creation of offense property, penalty for - BR239 procedures - BR300 for - BR239 - BR108 State Reporting of death, add State Police, Public Advocate registrar, vital records, security of - Personnel and Employment increase penalty to felony - BR136 BR105 Retired, carrying concealed deadly Juvenile, age of criminal responsibility - service, sufficiency of high school diploma E-verify, employers verify employment weapon, LEOSA update - BR390 BR267 for promotion whether or not school is eligibility of employees - BR58 Search for lost person with a disability, accredited - BR153 Job sharing program for state employees, procedures - BR300 Public Assistance Unclassified employees, removal of - Personnel Cabinet study of - BR829 Unclaimed body, cremation of - BR432 BR14 State service, sufficiency of high school Unsolicited advertising, littering, penalty Eligibility for benefits, substance abuse diploma for promotion whether or not for - BR239 screening - BR63 Public Records and Reports school is accredited - BR153 Food stamp cards, requirement of ID and Vocational education recipients, substance Police, State display of fraud hotline for stores that Criminal records expungement, exclusion abuse testing, requirement for - BR151 accept - BR475 from public record - BR804 Arrest for misdemeanor assault in hospital Vocational education recipients, substance Dissolution of marriage electronic forms, Pharmacists emergency room permitted - BR276 abuse testing, requirement for - BR151 requirement for - BR254 Failure to report missing child - BR111; Failure to report missing child - BR111; Durable medical equipment providers, BR119 Public Buildings and Grounds BR119 instate office requirement, parity with Federal “Secure Communities” program, Real estate, sale under judicial process, other states - BR22 required use of - BR37 Naming in honor of individual or group - appraisal of - BR9 Interpharmacy medication exchange, Kentucky Blue Alert Network, creation of BR48 Report of dead child, increased penalty, permit if immediate need - BR375 - BR41 POW/MIA flag, made in United States - report of missing child, creation of offense Pseudoephedrine sales, prohibitions for Missing minor 12 or under, duty to report BR79 - BR108 certain drug offenders - BR396 - BR162 Vital records, security of - BR105 Pseudoephedrine-based drugs, provisions Naming in honor of individual or group - Public Ethics relating to - BR101; BR403 BR48 Public Safety Pawnbrokers, background checks, Legislative ethics, changes to code - Physicians and Practitioners precious metals and gemstones - BR324 Interstate mutual aid agreement - BR160 BR862 Mentally ill, release of, notice - BR316 Arrest for misdemeanor assault in hospital Report of dead child, increased penalty, Public Health Personal watercraft, inland navigation emergency room permitted - BR276 report of missing child, creation of offense rules, citation for - BR448 Board of Medical Licensure, composition - BR108 Body mass index, preventative health care Search for lost person with a disability, of - BR106 Reporting of death, add State Police, examination forms, require on - BR165 procedures - BR300 Charitable health care, income tax increase penalty to felony - BR136 Colon Cancer Screening Program - deduction for - BR398 Retired, carrying concealed deadly BR275 Public Salaries Durable medical equipment providers, weapon, LEOSA update - BR390 Kentucky Commission on Public Health, instate office requirement, parity with Search for lost person with a disability, creation of the - BR158 Full-time state employees with status, other states - BR22 procedures - BR300 Living organ donation, promotion of - promotional or reclassification of salaries

72 2011 Interim LEGISLATIVE RECORD - BR412 consolidation with other state systems license plates - BR156 Police officers, KLEFP fund salary - BR149; BR323; BR400; BR409 Special Districts Vehicles owned by, mandatory inspections supplements - BR217 Peace officer, retired, carrying concealed of - BR18 weapon, LEOSA update - BR390 Library district boards, county judge/ Vital Statistics electronic dissolution of Public Utilities executive appointments to - BR347 marriage forms, requirement for - BR254 Safety Cities, franchise bidder, prohibition on State Agencies State Employees recovering franchise fee through fee or Missing minor 12 or under, duty to report surcharge - BR197 - BR162 Administrative regulations with major High school diploma or equivalent, Pipeline safety, Public Service Commission, Search for lost person with a disability, economic impact, establishment of sufficiency for promotion whether or not civil penalties, change of - BR466 procedures - BR300 delayed effective date for - BR356 school is accredited - BR153 Audits, findings of improper financial Job sharing program for state employees, Public Works Sales handling, reports of - BR14 Personnel Cabinet study of - BR829 Board of Education, body mass index, Promotional or reclassification of salaries Pipeline safety, Public Service Commission, Real estate, sale under judicial process, require inclusion of - BR165 - BR412 civil penalties, change of - BR466 appraisal of - BR9 Cabinet for Health and Family Services, Unclassified employees, removal of - tattoo facilities, notice requirement - BR14 Purchasing Science and Technology BR120 Charter schools, employees of - BR117 State Symbols and Emblems POW/MIA flag by public institution, made Angel investments in knowledge-based Contracts, licenses, and tax incentives; in United States - BR79 businesses, create tax credit for - suspension for employers - BR58 Public property, naming in honor of BR322 Council individual or group - BR48 Racing on Postsecondary Education, bachelor’s Secretary of State degree attainment, tracking of - BR435 Statutes Casino gaming at approved tracks - on Postsecondary Education, BR214 Candidates for Governor, running mate, postsecondary affordability, require Certified mail, definition of - BR495 Casinos and gaming at horse racing delay selection of - BR455 assessment of - BR429 tracks, constitutional amendment to let Casinos and gaming at horse racing Department Studies Directed county voters decide - BR189 tracks, constitutional amendment to let for Environmental Protection, green Racing associations, limited casino county voters decide - BR189 cleaning programs in schools, Job sharing program for state employees, licensing of - BR246 promotion of - BR430 Personnel Cabinet study of - BR829 Securities of Education, personnel evaluation Timber Theft and Trespass Reduction Task Railroads system, creation of - BR75 Force, establishment of - BR114 Trusts and estates, administration of, Federal “Secure Communities” program, Crossings, urging of CSX corporate officials probate matters - BR341 required use of - BR37 Substance Abuse to require maintenance of - BR485 Kentucky Sheriffs Board of Education, high school Dextromethorphan, possession and retail Real Estate technology diploma, requirements for sale, restriction - BR306 Arrest for misdemeanor assault in hospital - BR85 Pseudoephedrine-based drugs, provisions Deeds in lieu of foreclosure, filing emergency room permitted - BR276 Board of Education, physical activity relating to - BR101; BR403 requirements - BR237 Federal “Secure Communities” program, assessment, requirements of - BR281 Testing of vocational education recipients, Disabled children, homeowner rights in required use of - BR37 Board of Education, response-to- requirement for - BR151 relation to - BR880 Funding, KLEFP fund salary supplements intervention, district-wide use of - Foreclosure and deficiency judgments, - BR217 BR282 Surface Mining time for bringing action - BR459 Junkyards, report of copper transactions, Board of Education, students with Judicial sales, appraisal of land offered for requirement for - BR141 disabilities, alternative diploma for - 404 mitigation, straight pipe and sewer sale - BR9 Kentucky Blue Alert Network, creation of BR104 projects, use for and report on - BR315 - BR41 Department of Education, career and Office of Surface Mining Reclamation and Reproductive Issues Local option elections for gaming, technical education accessibility fund, Enforcement, stream protection rule, advertising of - BR246 creation of - BR84; BR159; BR245 express concern about - BR802 Pregnancy resource centers, encourage Missing minor 12 or under, duty to report Department of Education, charter schools, financial assistance to - BR221 - BR162 role - BR117 Taxation Real estate, sale under judicial process, Department of Education, evidence-based Retirement and Pensions appraisal of - BR9 assessment of at-risk students - BR84; Angel investor tax credit program, create Retired, carrying concealed deadly BR159; BR245 - BR322 Charter schools, employees of - BR117 weapon, LEOSA update - BR390 Department of Education, green cleaning Broad based reform, income, sales estate, Confederate pensions, repeal of - BR222 programs in schools, promotion of - film tax credits - BR373 Judicial Retirement Plan, restriction of Small Business BR430 Casino account consolidation with other state Department of Education, standards for admission tax, establishment of - BR214 systems - BR149; BR323, 409 Angel investments in small businesses, technical education, implementation of admissions, taxation of - BR246 Kentucky employees retirement fund, create tax credit for - BR322 - BR84; BR159; BR245 Charitable health care, income tax funding of - BR214 Bed and breakfast establishments, Personnel Board, unclassified employees, deduction for - BR398 Legislators’ definition of - BR50 removal of - BR14 Gaming tax, establishment of - BR214 Retirement Plan, close plan to new Dextromethorphan, possession and retail Medical imaging and radiation therapy Gross entrants and establish new plan - sale, restriction - BR306 board, creation of and professional gaming revenue, taxation of - BR246 BR240; BR409 Food stamp cards, requirement of ID and licensing by - BR210 revenues and excise tax fund, hold Retirement Plan, close plan to new display of fraud hotline for stores that Personnel Cabinet, study of job sharing harmless amount, increase - BR121 members - BR400 accept - BR475 program for state employees - BR829 Income Retirement Plan, cost of purchasing Industrial hemp, licensing and growing of Profits of crime, seizure, payable to Crime tax, community rehabilitation tax credit - service credit - BR400 - BR261 Victims Compensation Board - BR259 BR233 Retirement Plan, restrict account Junkyards, prohibition on purchasing Public Charter School Commission, duties tax, Great Schools Tax Credit Program, consolidation with other state systems copper, exemptions - BR141 of - BR117 tax years beginning after December 31, for new hires - BR389 Restaurants, retail drink license Transportation Cabinet, payment of 2012 - BR116 Retirement Plan, restriction of account requirement - BR175 licensing fees to NASCAR for NASCAR Local property tax, amend application of

THE KENTUCKY GENERAL ASSEMBLY 73 HB 44 provisions - BR46 Veterans’ organization, tangible personal Film tax credit, make nonrefundable and Purple Heart license plate, design Organ donation, income tax credit property, rate - BR8 nontransferable - BR373 requirements - BR397 established for promotion of - BR31 Watercraft taxation, allow for alternative Kentucky Wood Products Competitiveness Railroad crossings, urging of CSX Property tax, veterans’ organization, apportionment - BR852 Corporation, abolishment of - BR218 corporate officials to require maintenance tangible personal property, rate - BR8 Tourism development projects, employment of - BR485 Public financing for judicial campaigns, tax Taxation, Sales and Use and wage requirements - BR185 Speed bumps, local government refund designation for - BR211 Tourist and convention commissions, requirements for - BR122 Roll Bees and beekeeping supplies, exempt membership of - BR234 call vote in House, rule for - BR329 - BR816 Treasurer call vote, requirement for - BR330 Direct mail delivery charges, exemption Trade Practices and Retailing Sales - BR325 Office of State Treasurer, abolition of- and use tax, bees and beekeeping Holiday - BR91, 307 Dextromethorphan, possession and retail BR821 supplies, exempt - BR816 Nonprofit organizations, exemption - sale, restriction - BR306 Presentation of stale check claims to and use tax, direct mail delivery charges, BR842 Food stamp cards, requirement of ID and General Assembly annually - BR83 exemption - BR325 Services, extend sales tax to selected - display of fraud hotline for stores that Unclaimed life insurance benefits, escheat and use tax, holiday - BR91, 307 BR373 accept - BR475 of - BR487 and use tax, nonprofit organizations, Tax reform, expansion of the base to Kentucky exemption - BR842 include selected services - BR236 Computer Decency Act, prohibition on Unemployment Compensation Tax Veterans’ organization, tangible personal anonymous postings - BR71 credits and incentives, denial of - BR58 property, digital property, services, Wood Products Competitiveness Vocational education recipients, substance reform - BR236 exempt - BR8 Corporation, abolishment of - BR218 abuse testing, requirement for - BR151 Trusts and estates, administration of, Pawnbrokers, precious metals and probate matters - BR341 Taxation, Severance gemstones, receipt and disposal - Unified Local Governments Watercraft taxation, allow for alternative BR862 apportionment - BR852 Transfer of funds to Worker’s Compensation Pseudoephedrine sales, prohibitions for Local option election for casino gaming - fund, deletion of requirement for - certain drug offenders - BR396 BR246 Taxation, Income--Corporate BR368 Residential care facilities, licensing, Traffic Safety preemption of local authority for stricter Community rehabilitation tax credit, tax Teachers requirements - BR78 periods after January 1, 2013 - BR233 DUI, ignition interlock device, utilization of Great Schools Tax Credit Program, tax Charter schools, employees of - BR117 - BR350 United States years beginning after December 31, Digital citizenship, inclusion in professional Motorless 2012 - BR116 development - BR433 vehicles, alternate lighting and marking Federal “Secure Communities” program, Organ donation, tax credit established for Districts of innovation, schools of requirements - BR481 required use of - BR37 promotion of - BR31 innovation - BR76 vehicles, alternate reflective marking Move federal terrorism trial from Bowling Tax reform, applicable to taxable years Early childhood assessment and requirements - BR834 Green, Kentucky to the Guantanamo beginning before January 1, 2013 - intervention, district-wide implementation Publicly owned vehicles, mandatory detention facility - BR88 BR236 of - BR282 inspections of - BR18 Peace officer, retired, carrying concealed Evaluation, statewide system - BR75 Railroad crossings, urging of CSX weapon, LEOSA update - BR390 Taxation, Income--Individual Green cleaning products in schools, corporate officials to require maintenance Presidential election by national popular promotion of - BR430 of - BR485 vote, compact for - BR125 Adjust rates, expand taxable base, provide High school technology diploma, Speed bumps, local government for earned income credit - BR373 requirements for - BR85 requirements for - BR122 Universities and Colleges Angel investor tax credit program, create Hiring of, preference given to regular - BR322 certification - BR248 Transportation Bachelor’s degree completion, board Charitable health care, income tax Physical activity of children, assessment responsibility for - BR435 deduction for - BR398 of and data use - BR281 “Coach Earl Rogers Highway,” designate Board members, removal of - BR14 Community rehabilitation tax credit, tax School in Harlan County - BR484 Charter schools, authorizers of - BR117 periods after January 1, 2013 - BR233 buildings, naming in honor of - BR48 “Magoffin County Civil War Highway,” Foster children, tuition waived - BR283 Great Schools Tax Credit Program, tax calendar, adjustments to - BR57 designation of in Magoffin County - Postsecondary affordability, require years beginning after December 31, School-based decision making councils, BR848 assessment of - BR429 2012 - BR116 teacher member, requirements for - “Pound Gap/Mount Sterling Road,” School buildings, naming of - BR48 Organ donation, tax credit established for BR23 designation of in Magoffin County - Tuition and fee waiver, family members promotion of - BR31 Standards BR848 of veterans eligibility, time limitations for Public financing for judicial campaigns, tax for career and technical education - BR84; John D. Risen Memorial Bridge, - BR336 refund designation for - BR211 BR159 designation of - BR414 Tax reform, modification to lower rates and for career and technical education, Kentucky Veterans’ Affairs expand the tax base - BR236 establish - BR245 Aviation Hall of Fame, nomination of Sgt. Trusts and estates, administration of, Students with disabilities, alternative high George E. Larkin - BR817 “Medal of Honor Way,” Designation of US probate matters - BR341 school diploma for - BR104 Blue Alert Network, creation of - BR41 641 in Murray, KY - BR377 Motor vehicle insurance requirement Benton, Brett Patrick, memorializing - Taxation, Inheritance and Estate Technical Corrections violation, threshold for - BR813 BR68 Motorless Confederate pensions, repeal of - BR222 Reinstate estate tax, decouple from federal KEES supplemental award - BR77 vehicles, alternate lighting and marking Disabled veteran license plates, no charge estate tax - BR373 Veterans’ organization, property tax rates requirements - BR481 for 50% service-connected disability - Trusts and estates, administration of, - BR8 vehicles, alternate reflective marking BR135 probate matters - BR341 requirements - BR834 Gold Star Sibling special license plate, Tourism Operator’s licenses and personal establishment - BR135 Taxation, Property identification cards, permit veteran Postsecondary education tuition waiver, Bed and breakfast establishments and designation on - BR62; BR74 family eligibility, time limitations for - Local, amend application of HB 44 farmstays, definitions for - BR50 Public transportation, offenses against BR336 provisions - BR46 Casinos and gaming at horse racing user or operator of - BR30 Prisoner of War and Missing in Action flag, Trusts and estates, administration of, tracks, constitutional amendment to let Publicly owned vehicles, mandatory definition of - BR79 probate matters - BR341 county voters decide - BR189 inspections of - BR18 Public property, naming in honor of -

74 2011 Interim LEGISLATIVE RECORD BR48 Purple Heart license plate, design requirements - BR397 Veterans designation, permit on operator’s licenses and personal identification cards - BR62; BR74 Veterans’ organization, property tax, sales tax, exempt - BR8 Veterans Personal Loan Program, provide funding for - BR154

Waste Management

Recyclers and junkyards, nonferrous metal purchases, requirements for - BR205

Water Supply

Water quality, funding for - BR439

Waterways and Dams

Personal watercraft, inland navigation rules, citation for - BR448 Watercraft taxation, allow for alternative apportionment - BR852

Wills and Estates

Estate tax, modify and decouple from federal tax - BR373 Estates, informal periodic settlement - BR157 Probate fees, estates of those killed in line of duty, exemption for - BR284 Trusts and estates, administration of, probate matters - BR341 Unclaimed life insurance benefits, escheat of - BR487

Wines and Wineries

Restaurants, retail drink license requirement - BR175

Women

Domestic violence, coverage of dating couples - BR166 Pregnancy resource centers, encourage financial assistance to - BR221

Workers’ Compensation

Severance tax, transfer of funds to Worker’s Compensation Fund, deletion of requirement for - BR368

THE KENTUCKY GENERAL ASSEMBLY 75 LRC Publications Informational Bulletins Research Reports

237 Final Reports of the Interim, Joint, Special, and Statutory 382 Kentucky District Data Profi les School Year 2010 Committees 2011 381 Certifi cation and Escrow Requirements Associated With the 236 Issues Confronting the 2012 Kentucky General Assembly Tobacco Master Settlement Agreement 235 General Assembly Action 2011 Regular Session 371 Leadership Training for Superintendents, School Board Members, 234 Final Reports of the Interim, Joint, Special, and Statutory Principals, and School-based Decision Making Council Members Committees 2010 370 Compendium of State Education Rankings (2009) 233 Issues Confronting the 2011 Kentucky General Assembly 368 Kentucky District Data Profi les (2009) 232 General Assembly Action 2010 Regular Session 367 Program Review and Investigations A Review of the Kentucky 231 Final Committee Reports of the Interim, Joint, Special, and Agency for Substance Abuse Policy and the Offi ce of Drug Control Statutory Committees Policy 230 Issues Confronting the 2010 Kentucky General Assembly 366 Program Review and Investigations Education Professional 229 General Assembly Action 2009 Regular Session Standards Board (2009) 228 Final Reports of the Interim Joint, Special, and Statutory 365 Program Review and Investigations Housing Foreclosures in Committees 2008 Kentucky (2009) 227 Issues Confronting the 2009 General Assembly: An update of 364 Subcommittee on the Penal Code and Controlled Substances Informational Bulletin No. 224 (2008) Act Report of the Subcommittee on the Penal Code and Controlled 226 General Assembly Action, Regular Session 2008 Substances Act (2009) 363 Offi ce of Education Accountability Review of Education Technol- ogy Initiatives (2009) 362 Offi ce of Education Accountability Compendium of State Educa- tion Rankings (2008) 361 Offi ce of Education Accountability Fees, Dues, and Supplies in Kentucky Schools (2009) 360 Offi ce of Education Accountability Kentucky District Data Profi les School Year 2007-2008 359 Program Review and Investigations Costs of Providing Services to Unauthorized Aliens Can Be Estimated for Some Programs, but Overall Costs and Benefi ts Are Unknown (2009) 358 Offi ce of Education Accountability Review of Special Education in Kentucky

 2011 Interim LEGISLATIVE RECORD THE KENTUCKY GENERAL ASSEMBLY 77  2011 Interim LEGISLATIVE RECORD THE KENTUCKY GENERAL ASSEMBLY 79 David L. Williams Greg Stumbo The Kentucky Legislative Research Commis- SENATE PRESIDENT HOUSE SPEAKER sion is a 16-member committee of the major- Katie Kratz Stine Larry Clark ity and minority leadership of the Kentucky PRESIDENT PRO TEM SPEAKER PRO TEM Senate and House of Representatives. Under Robert Stivers Rocky Adkins Chapter 7 of the Kentucky Revised Statutes, Majority FLOOR LEADER MAJORITY FLOOR LEADER the LRC constitutes the administrative office for the General Assembly. Its director serves as R.J. Palmer Jeff Hoover chief administrative officer of the Legislature MINORITY FLOOR LEADER MINORITY FLOOR LEADER when it isn’t in session. Dan Seum Robert Damron MAJORITY CAUCUS CHAIRMAN MAJORITY CAUCUS CHAIRMAN The Commission and its staff, by law and by practice, perform numerous fact-finding Johnny Ray Turner Bob DeWeese and service functions for members of the MINORITY CAUCUS CHAIRMAN MINORITY CAUCUS CHAIRMAN Legislature, employing professional, clerical Carroll Gibson Tommy Thompson and other employees required when the MAJORITY WHIP MAJORITY WHIP General Assembly is in session and during Jerry Rhoads Danny Ford the interim period between sessions. These MINORITY WHIP MINORITY WHIP employees, in turn, assist committees and individual legislators in preparing legislation. 2011 Interim Other services include conducting studies Bobby Sherman, Director and investigations, organizing and staffing LEGISLATIVE Legislative committee meetings and public hearings, Research Commission maintaining official legislative records and RECORD other reference materials, providing infor- Robert Jenkins mation about the Legislature to the public, Published monthly by the Deputy Director for Committee compiling and publishing administrative Legislative Research Commission, and Staff Coordination regulations, administering a legislative intern the Interim RECORD is designed program, conducting orientation programs to inform the citizens of Kentucky Rob Weber for new legislators, and publishing a daily of the between-sessions work of the Public Information Officer index and summary of legislative actions General Assembly. during sessions. Joe Cox Paper subscriptions are free upon Publications and Printing Officer The LRC is also responsible for statute revi- request. Contact LRC’s Public sion, publishing and distributing the Acts Information Office, Capitol Annex, Rebecca Mullins Hanchett and Journals following sessions, and for Frankfort, KY 40601, 502-564- Editor, Typography and Design maintaining furnishings, equipment and 8100, ext. 307 to subscribe. supplies for the Legislature. It also functions Mike Sunseri The Interim RECORD can also Chief Photographer as Kentucky’s Commission on Interstate be read on-line at www.lrc.ky.gov/ Cooperation in carrying out the program legislation.htm. If you have a paper Karen Bourne of the Council of State Governments as it subscription and would like to end relates to Kentucky. Jeff Fossett your subscription and read the Steve Gatewood Interim RECORD on-line only, Bruce Phillips please call 502-564-8100, ext. 307 or Bud Kraft send a request by e-mail to bruce. [email protected]. Keith Krey Jeanie Mitchell Scott Payton Stories may be reprinted without Amy Rose Karr permission, although credit is Public Information Staff appreciated.

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80 2011 Interim LEGISLATIVE RECORD