2008 Interim LEGISLATIVE Volume 20, No. 2 November 2008 RECORD Lawmakers review recommended penal code changes by Rebecca Mullins said Justice and Public Safety Cabinet Secretary J. LRC Public Information Michael Brown, is to waive pre-sentence investiga- tions upon agreement of the parties. “It would help us meet our already statutorily FRANKFORT — Recommended changes to the imposed guidelines of moving inmates within 45 state penal code—including an increase in the dol- days, rather than having them sit in the jail post-con- lar amount of what constitutes felony theft— and viction and wait,” said Brown. the state’s drug laws proposed by committees of the Rep. Joe Fischer, R-Ft. Thomas, who asked if Kentucky Criminal Justice Council were shared with the committees’ recommendations were in line with a legislative subcommittee on Nov. 10. laws in other states, said “I agree that these do seem The proposals, which are intended to reduce the to be good common sense recommendations.” state’s growing prison population, could lead to leg- The subcommittee then heard recommendations islative changes in the next regular legislative ses- for changes to the state’s drug law statutes. Drug sion beginning in January. However, they must first cases, explained Cohron, are a major drain on the be approved by the Council and delivered to Gover- justice system. nor Steve Beshear by Dec. 1. “The biggest issue we’re dealing with are all Some of the recommendations shared today with these drug cases,” he said. “If we can get to them the legislative Subcommittee on the Penal Code and quickly before they reoffend, that can save them… Controlled Substances Act by the Council’s Penal before they get disenfranchised from society.” Code Committee Chairman Chris Cohron included One change to the state drug laws that were applying a statute of limitations on certain Class D recommended include passing a “drugged driver” and C felonies (with an exemption for sex offenses), Rep. Brent Yonts, D-Greenville, (left) and Sen. Dick Roeding, R- law (proposed in previous legislative sessions) that increasing the threshold for felony theft from $300 Lakeside Park, speak during the Nov. 10 subcommittee meeting. would make driving under the influence of a -con to a larger amount, grading thefts based on severity trolled substance without a prescription a “per se” of the crime, making DUI a felony after a third rather Cohron said reimbursing counties for the 30 to or clear offense. Other proposals could change laws than a fourth offense and improving aid to county 60 days that inmates spend in jail awaiting sentencing jails, among others. would help. Another way to impact the jail system, Continued on page 2 Chief Justice discusses possible $38 million shortfall facing courts in 2011

by Rebecca Mullins retirements or other attrition. Only those jobs deemed LRC Public Information “critical” will be filled, he said, including positions in drug court, pretrial services and court designated FRANKFORT — State lawmakers are consid- worker programs. ering the possible effect of a projected $37.8 million “As we see it, the continued vitality of statewide shortfall in state court funding in 2011, including services like these have a significant impact on the less money for personnel and court programs. reduction of inmate populations in county jails and “This looming deficit means we must greatly state corrections facilities,” said Minton. reduce expenditures, or increase appropriations, or Other cost savings have come from what Min- face significant reductions in services to the people ton called the Court of Justice’s enthusiasm to “do of the Commonwealth when citizen demands on the a new thing.” What are new are a felony mediation Justice system are greater than they have ever been program that allows cases to be settled more quickly, in the history of the Commonwealth,” Kentucky Su- an e-pay system that lets individuals pay court costs preme Court Chief Justice John Minton told the In- and fees by credit and debit card in at least 27 coun- terim Joint Committee on Judiciary on Nov. 18. ties so far and an e-warrants program--now in five Since about 88 percent of the budget of the counties--that expedites the signing or recall of war- courts is personnel costs, Minton said the Court of rants by judges. Sen. , R-Louisville, comments during the Nov. 18 meet- Justice has eliminated 73 positions--mostly through Continued on page 2 ing of the Interim Joint Committee on Judiciary.

THE KENTUCKY GENERAL ASSEMBLY  Penal code, Lawmakers hear testimony on from page 1 possibility of nuclear power in Kentucky that determine proximity to public by Rebecca Mullins portfolio, Peters said. discussed and complimented Peters on and private places by drug offenders, LRC Public Information “It’s going to be part of the na- his open-mindedness on using differ- and alter some penalties. tional solution—coal’s going to be ent types of energy to meet the state’s “I’m not going to hold out that FRANKFORT — Examining the part of the national solution,” he said. future needs. this is a comprehensive review of the use of nuclear power to generate elec- “We have to start that conversation.” “I am very encouraged that we’re penal code top to bottom,” Brown told tricity in Kentucky—part of a seven- Peters also assured Rep. Tom Ri- at least having this discussion,” said Subcommittee Co-Chair Sen. Gerald point energy strategy unveiled by the ner, D-Louisville, that nuclear utilities Hall. Neal, D- Governor’s Office yesterday—drew or any electrical utility will not move The energy mix that Peters spoke Louisville, both interest and concern from some into a community “where they are not about, which also includes renewable and the rest members of the General Assembly’s wanted.” energy and alternative fuels, would “We need to of the sub- Energy subcommittee on Nov. 21. “That’s fundamental. The electric not only lower emissions but meet an look at things committee. Rep. Tanya Pullin said she was utilities have faced that issue—in Mar- estimated 40 percent increase in the “(But) we in a shocked to find that the governor’s ble Hill (in Indiana) and elsewhere— state’s energy needs, and electricity can at least plan cites her hometown of South for some time… They aren’t even needs, by 2025. comprehensive show the Shore as one of four possible loca- going to propose a plant in (those com- Sen. , R-Manches- way and look public that tions for a nuclear power plant, and munities),” Peters said. “If the com- ter, asked if the state’s energy grid at which parts we are ad- asked that the citizens of the com- munity is not supportive of it, I can as- will be able to handle a 40-percent in- dressing the crease in electricity generation since, of the system munity be consulted before any such sure you the issues.” plans go forward. administra- he said, the grid is already maxed out. promote… N e a l , “It doesn’t matter if you produce it if Pullin, D-South Shore, was as- “If the tion will not rational- who pro- sured by Energy and Environment be supportive you can’t deliver it,” said Stivers. posed the community is ity, at the same Cabinet Secretary Len Peters that the of moving into Peters said the state has not ad- resolution four sites were only “notional” based not that particular dressed that issue, but that “we believe time… carrying that created on resources such as water availabil- supportive of it, community.” we are going to see major (mostly fed- out what justice the Subcom- ity. Sen. Char- eral) enhancements in the electricity I can requires.” mittee on the “We were looking at those only lie Borders, R- grid over the next 20 years.” Penal Code assure you the If improvements aren’t made, as notional sites so that you can find Russell, said he and Con- locations for nuclear plants, whether administration is among those he said, “not only are we not going ­­ Sen. trolled Sub- there would be any there or in the will not be who would like to meet Kentucky’s electricity needs, stance Act western part of the state,” he said. to learn more we aren’t going to be able to meet any this year, Peters also said his agency will supportive of about nuclear electricity needs in that regard.” said as of now, many areas of the pe- not proceed with any plans for nuclear moving into power before Other strategies in the energy plan nal code are “piece mealed.” power plants in South Shore or other that particular steps are taken include: Improving energy efficiency “Certainly, there are some very in buildings and transport fleets, in- communities until there is plenty of community.” to bring it on key aspects of the system that need discussion on the issue of nuclear en- line in Ken- creasing renewable energy sources, to be addressed...,” Neal told Brown, ergy with stakeholders. tucky. increasing production of biofuels, de- Cohron and others. “I think it’s probably going to be ­­ ­­Len ­­ Peters “I, for veloping a coal-to-liquids industry to “The greatest concern from a year-long conversation we are go- one, would replace gasoline and other petroleum- where I’m sitting, in terms of this ing to have to have about nuclear,” hope I would be receptive to nuclear based liquids, improving natural gas subcommittee, is I think we’ll miss said Peters. But Peters did say that a power once I understand all the pluses production, and more aggressively the point if we’re just a repository of conversation is necessary, since Ken- and minuses,” said Borders. “(But) pursuing carbon capture/sequestra- wishes from individuals. tucky will need a more substantial mix my concern is if a nuclear power plant tion projects related to coal-generated We need to look at things in of energy generation sources to meet were the best thing to ever happen for electricity. a comprehensive way and look at the energy plan’s goal of reducing the certain locations in the state, you’ll Gov. Steve Beshear announced as which parts of the system promote… state’s 1990 levels of greenhouse gas never have the option of even consid- part of the plan’s unveiling that it will rationality, at the same time… carry- emissions by 20 percent by 2025. ering that once you scare the people to not only reduce emissions and help ing out what justice requires.” Most states surrounding Ken- death before we get an education.” meet energy demands, but will create tucky already use some form of nu- Rep. Keith Hall, D-Phelps, said around 40,000 energy-related jobs in Chief Justice, clear power as part of their energy he is glad that the energy plan is being Kentucky. from page 1 Rep. Robin Webb, D-Grayson, the expansion. drug court.” system’s been somewhat upside down, the first Vice Chair on the House Ap- “I think it is one of the tools that A high rate of new cases in the that we haven’t prioritized violent propriations and Revenue Committee, we have where if we do it effectively, court system concerned some law- crime,” said Seum. explained that a nearly $38 million it does have ramifications beyond us. makers. With new trial court cases in- “With all these unfunded man- deficit will be hard to overcome. She We collect more child support, we creasing at a rate of about 40,000 per dates, we’re breeding a lot of contempt said it also makes the chance to ex- (collect) more taxes, we keep more year, Sen. Dan Seum, R-Louisville, out there. A lot of people realize that pand drug court—which she supports- people out of jail if we effectively do said perhaps law enforcement needs they don’t have to adhere to the law -“bleak.” But Minton, a former drug what drug court does,” said Minton. to focus more on violent crime. court judge, spoke strongly in favor of “You’ll find in me a great supporter of “It’s been my concern that the Continued on page 68

 2008 Interim LEGISLATIVE RECORD Lawmakers look into driver’s license renewals

by Chuck Truesdell Social Security numbers are veri- LRC Public Information fied for license applicants, Glass said, FRANKFORT - State agencies even though the numbers are not used are working to make the driver’s li- on the applicants’ licenses and the sys- Transportation censing process more secure, officials tem does not share the Social Security Committee told members of the Interim Joint number with others under federal law. Co-Chair Rep. Committee on Transportation on Nov. Sen. Bob Leeper, I-Paducah, Hubert Collins, D-Wittensville, 7. noted that there is no periodic vision fields “The driver’s license is used for a screening when Kentuckians renew questions lot more than driving a car,” said Dan their license, although new licensees during the Glass, the state’s Commissioner of are screened. Nov. 7 Motor Vehicle Regulation. Voters also “We are licensing people today meeting. use them for identification, making who can’t see,” Leeper said, noting he them more than a simple road safety has sponsored unsuccessful legislation device. in that area in the past. The Transportation Cabinet Adam Whitlock, who heads the works with 120 circuit clerks and the KSP Driver Testing Branch, noted that Kentucky State Police to issue secure federal CDL licensing procedures re- driver’s licenses, Glass said. quire vision screening for renewals, Immigration documents for all and that some applicants have lost non-U.S. citizens are verified before their licenses and jobs because they drive safely. Brewer remarked that some states re- licenses can be issued, said Cindy did not meet the requirements of 20/40 Rep. Greg Stumbo, D-Prestons- quire older drivers to take the driving VanHoose, Director of the Division vision for each eye independently. burg, noted that as a licensed pilot, he skills test as well. of Driver Licensing. About 14,000 A review board exists to suspend is required to take a biennial health Committee chair Rep. Hubert documents were processed last year, licenses for medical reasons, Van- screening. Such health screenings for Collins, D-Wittensville, said future she said. In addition, there is a fraud Hoose said. It requires an affidavit drivers could reduce insurance costs meetings would delve more deeply unit to make sure documents are au- signed by family members or others across Kentucky, he said. into license issuance and how to make thentic. concerned about the driver’s ability to KSP Commissioner Rodney the process more secure. Grape and wine industry making Dairy issues inroads in Kentucky aired before

by Rob Weber lawmakers LRC Public Information state are interested in changing laws that prevent them from selling wine by Rebecca Mullins Like fruit on the vine, Kentucky’s on Sundays, Stone said. LRC Public Information grape and wine industries are grow- “It has been shown in other states FRANKFORT — After years of ing. and across the country that Sunday is decline, Kentucky dairy farmers are State lawmakers heard testimo- the second-biggest day for tourism, looking to state lawmakers to help ny on grape-growing and small farm so some wineries are considering them rebuild their industry. Those winemaking successes, as well as Sunday precinct votes,” he said. who process their milk, however, some of the industry’s growing pains, Winemakers also hope to boost want to make sure any state econom- during the November 14 meeting of sales of their products through mar- ic plan does not include more price the General Assembly’s Licensing and keting efforts during the 2010 World regulation. Occupations Committee. Equestrian Games, which are expect- Both farmers and process- Kentucky was home to America’s ed to draw hundreds of thousands of ing companies like Southern Belle, first commercial vineyard, which was people to the Kentucky Horse Park, Dean’s Foods and Flav-O-Rich tes- started in 1798 in Nicholasville. Pro- Stone said. Kentucky wines will be tified on their views on Nov. 12 be- hibition largely erased the winemak- featured in an area in the event’s main fore the Interim Joint Committee on ing industry from Kentucky, but some reception tent and will be made avail- say the industry is now in the begin- Rep. Sal Santoro, R-Florence, talks with anoth- Agriculture and Natural Resources. er lawmaker during the meeting. able for tasting, purchasing and ship- Farmers like H.H. Barlow, who said ning stages of a comeback. ping. the number of cows in Kentucky has The number of cases of wine pro- Mack Stone, executive director of the In response to a question from dropped six-fold since 1954, said milk duced annually has steadily grown in Kentucky Department of Agriculture’s Sen. Dan Seum, R-Louisville, about price volatility is a “huge” issue for recent years, according to the state’s marketing office. whether grape growers typically enter farmers but that the state can help. 2008 Wine Production Survey. In Stone said Kentucky small farm into contracts with wineries that buy Barlow is also a member of 2008, more than 76,000 gallons of wineries generally fall into two groups: the fruit, one grower said the need the Kentucky Dairy Development wine have been produced, nearly three those that highly depend on tourists’ for formal contracts rather than oral Council, a group which supported times as many as four years ago. visits to their tasting rooms, and those agreements is growing. There currently are 49 small farm that depend on retail sales. the creation of a state Milk Commis- wineries licensed in the state, said Wineries in some parts of the Continued on page 68 Continued on page 68

THE KENTUCKY GENERAL ASSEMBLY  2009 Session Calendar

 2008 Interim LEGISLATIVE RECORD House of Representatives Royce W. Adams Myron Dossett Stan Lee Arnold Simpson 2008 580 Bannister Rd. Dry Ridge 41035 491 E. Nashville St. Pembroke 42266 PO Box 2090 Lexington 40588 112 W. 11th Street Covington 41011 Work 859-824-3387 Home 270-475-9503 Home 859-252-2202 Work 859-261-6577 Home 859-428-1039 FAX 859-259-2927 Home 859-581-6521 Ted Edmonds Dottie Sims KENTUCKY Rocky Adkins 1257 Beattyville Road Jackson 41339 Mary Lou Marzian 459 Violet Ave. Horse Cave 42749 PO Box 688 Sandy Hook 41171 Home 606-666-4823 2007 Tyler Ln. Louisville 40205 Home 270-786-3948 Work 606-928-3433 Home 502-451-5032 Home 606-738-4242 C.B. Embry, Jr. PO 1215 Morgantown 42261 Tom McKee Ancel Smith FAX 606-929-5213 1812 Wiley Fork Road Leburn 41831 Work 270-526-6237 1053 Cook Road Cynthiana 41031 Work 502-564-8100, ext. 668 Home 270-791-1879 Home 859-234-5879 Scott Alexander FAX 859-234-3332 Home 606-785-3844 115 Rock Ridge Rd. Hazard 41701 Bill Farmer General Home 606-436-1127 3361 Squire Oak Dr. Lexington 40515 Reginald Meeks John Will Stacy Home FAX 606-436-9678 Work 859-272-1425 PO Box 757 Louisville 40201 PO Box 135 West Liberty 41472 Home 859-272-8675 Work 502-772-1095 Home/FAX 606-743-1516 John A. Arnold, Jr. FAX 859-272-1579 Assembly 1301 N. Lee Sturgis 42459 Charles Miller Kathy W. Stein Work 270-333-4641 Tim Firkins 3608 Gateview Circle Louisville 40272 Home 502-937-7788 364 Transylvania Park Lexington 40508 212 E. Esplanade Louisville 40214 Work 859-225-4269 Eddie Ballard Home/FAX 502-367-2981 Senate PO Box 1736 Madisonville 42431 Harry Moberly, Jr. Home 859-252-1500 PO Box 721 Richmond 40475 Work 270-821-4767 Joseph M. Fischer Walter Blevins, Jr. R.J. Palmer II Home 270-821-6255 Work 859-622-1501 Jim Stewart III 126 Dixie Place Fort Thomas 41075 Home 859-624-2781 141 KY 223 Flat Lick 40935 777 Broadway 1391 McClure Road Winchester 40391 Work 513-794-6442 West Liberty 41472-1023 Home 859-737-2945 Sheldon E. Baugh Home 606-542-5210 252 W. Valley Dr. Russellville 42276 Home 859-781-6965 Russ Mobley Work 606-743-1212 900 Holly Street Campbellsville 42718 Home 606-743-1200 Work 270-726-7616 905 Hurst Dr. Hopkinsville 42240 David Floyd Home 270-465-6436 Greg Stumbo FAX 606-743-1214 Home 270-726-2712 102 Maywood Ave. Bardstown 40004 Home 270-885-1639 Box 1473 108 Kassidy Drive Home 502-350-0986 Brad Montell FAX 270-885-0640 Johnny Bell 543 Main Street Shelbyville 40065 Prestonsburg 41653 Charlie Borders 108 North Green St. Glasgow 42141 Work 502-633-7017 Home 606-886-9953 Room 204 Jerry P. Rhoads Work 270-651-7005 Danny Ford Home 502-633-7533 State Capitol Annex Frankfort 40601 PO Box 2002 Home 270-590-0110 PO Box 1245 Mt. Vernon 40456 Tommy Thompson Home 606-475-0237 Madisonville 42431 Work 606-678-0051 Tim Moore PO Box 458 Owensboro 42302 Work 270-825-1490 Kevin D. Bratcher Home 606-256-4446 417 Bates Rd. Elizabethtown 42701 Home 270-926-1740 10215 Landwood Drive David E. Boswell Home 270-825-2949 Jim Glenn Home 270-769-5878 FAX 270-685-3242 5591 Panther Creek Park Drive Louisville 40291 PO Box 21562 Owensboro 42304 John Tilley Owensboro 42301 Home 502-231-3311 Home 270-686-8760 Lonnie Napier PO Box 1065 Hopkinsville 42241 Home 270-771-4921 4030 Hidden Creek Drive Scott W. Brinkman 302 Danville St., Lancaster 40444 Home 270-881-4717 Fax 270-926-9047 Henderson 42420 Jim Gooch, Jr. Work 859-792-2535 6001 Two Springs Lane 714 North Broadway B2 Work 270-886-6800 Home 270-826-5402 Home 859-792-4860 Louisville 40207 Providence 42450 FAX 270-885-7127 Work 270-869-0505 Home 502-893-8769 Work 270-635-1139 Rick G. Nelson 409 W. Maple Nicholasville 40356 Tommy Turner Home/FAX 859-885-0606 FAX 502-894-0210 Home 270-667-7327 Rt. 3, Box 686 Middlesboro 40965 Richard L. “Dick” Roeding FAX 270-667-5111 Home/FAX 606-248-8828 175 Clifty Grove Church Road 2534 Kearney Ct. , Somerset 42501 Julian M. Carroll Lakeside Park 41017 Thomas J. Burch 4012 Lambert Ave. Derrick W. Graham Fred Nesler Home 606-274-5175 Room 229 Capitol Annex Home 859-331-1684 PO Box 308 Mayfield 42066 Louisville 40218 Room 329J Capitol Annex Frankfort 40601 Frankfort 40601 FAX 859-331-1238 Work 270-623-6184 Home 502-454-4002 Home 502-223-1769 Ken Upchurch Work 502-564-8100 Jeff Greer Home 270-247-8557 PO Box 991 Monticello 42633 Richie Sanders, Jr. Dwight D. Butler 2125 Hwy. 79 Brandenburg 40108 FAX 270-623-6431 Work 606-340-8490 Perry B. Clark 906 Dinwiddie Rd. Franklin 42134 PO Box 9 Harned 40144 Home 270-422-3764 5716 New Cut Road Louisville 40214 Home 270-586-5473 Work 270-756-5931 Home FAX 270-422-5010 Home 502-366-1247 Home 270-756-0100 PO Box 8 Prospect 40059 John Vincent Keith Hall Work 502-645-2186 PO Box 2528 Ashland 41105 Julie C. Denton Dan “Malano” Seum Mike Cherry PO Box 466 Phelps 41553 Home 502-228-3201 Home 606-325-0952 1708 Golden Leaf Way 1107 Holly Ave. Fairdale 40118 803 S. Jefferson Princeton 42445 Work 606-456-3432 Ext. 25 Sannie Overly Work 606-329-8338 Louisville 40245 Home 502-749-2859 Home 270-365-7801 Home 606-456-8666 340 Main Street Paris 40361 Home 502-489-9058 Home 859-987-9879 David Watkins 5600 Timberlane Dr. Henderson 42420 Tim Shaughnessy Larry Clark PO Box 458 Junction City 40440 Home 270-826-0952 Suite 103, 250 E. Liberty 5913 Whispering Hills Blvd. Darryl T. Owens Home 859-854-6328 FAX 270-826-3338 PO Box 506 Leitchfield 42755 Louisville 40202 Louisville 40219 1300 West Broadway Louisville 40203 Work 270-230-5866 Work 502-584-1920 Home 502-968-3546 Richard Henderson Home 502-584-6341 Jim Wayne 60 Myers Cemetery Rd. Jeffersonville 40337 1280 Royal Ave. Louisville 40204 Brett Guthrie Home 859-497-9265 Ruth Ann Palumbo Work 502-451-8262 1005 Wrenwood Drive Brandon Smith Hubert Collins 350 Kentucky Blvd. 72 Collins Dr. Wittensville 41274 10 Deepwood Dr. Lexington 40505 Bowling Green 42103 Hazard 41701 Home 606-297-3152 Melvin B. Henley Home 859-299-2597 Robin L. Webb Work 270-781-0049 Home 606-436-4526 1305 S. 16th Street Murray 42071 404 West Main Street Grayson 41143 Home 270-781-5597 Home FAX 606-436-2398 Leslie Combs Home 270-753-3855 Don Pasley Home 606-474-5380 245 E. Cedar Drive Pikeville 41501 5805 Ecton Road Winchester 40391 Work 606-218-5215 Home 859-842-3337 2521 Ransdell Ave. Louisville 40204 Home 606-477-6672 507 West Main Lebanon 40033 Alecia Webb-Edgington 21 Fairway Drive Southgate 41071 1650 Chestnut Ct. Fort Wright 41011 Home 502-452-9130 Work 270-692-3881 Tanya Pullin Home 859-781-5311 James R. Comer, Jr. Home 270-692-6945 Home 859-426-7322 PO Box 338 Tompkinsville 42167 1026 Johnson Lane South Shore 41175 Ernie Harris FAX 270-692-1111 Work 606-932-2505 Ron Weston PO Box 1073 Robert Stivers II Home 270-487-5585 207 Main Street Manchester 40962 423 Chieftain Drive Fairdale 40118 Crestwood 40014 Charlie Hoffman Marie Rader Work 606-598-2322 Tim Couch 406 Bourbon St. Georgetown 40324 502-564-8100 Home 502-241-8307 PO Box 710 Hyden 41749 PO Box 323 McKee 40447 Home 606-598-8575 Work 502-863-4807 Work 606-287-3300 FAX 606-598-2357 Home/FAX 606-672-8998 Home 502-863-9796 Susan Westrom Tom Jensen Home 606-287-7303 PO Box 22778 Lexington 40522-2778 303 S. Main Street London 40741 Will Coursey Jeffrey Hoover FAX 606-287-3300 Work 859-266-7581 Home 606-878-8845 Gary Tapp PO Box 985 Jamestown 42629 308 Fishermen Circle Shelbyville 40065 PO Box 467 Benton 42025-0467 Rick Rand Work 270-343-5588 Home 502-633-2304 Home 270-527-4610 PO Box 273 Bedford 40006 Rob Wilkey Home 270-343-2264 220 Homestead Ct. Scottsville 42164 Ray S. Jones II Work 270-527-4610 Work 502-255-3286 PO Drawer 3850 Pikeville 41502 Jesse Crenshaw Home 502-255-3392 Work 270-781-9100 Work 606-432-5777 Home 270-622-5050 102 Grayson Way Georgetown 40324 121 Constitution Lexington 40507 Dennis Horlander FAX 502-855-9911 FAX 606-432-5154 1806 Farnsley Rd. Shively 40216 FAX 270-843-8607 Home 859-621-6956 Work 859-259-1402 Work 502-447-2498 FAX 502-868-6086 Home 859-252-6967 Jody Richards Dan Kelly FAX 859-259-1441 Home 502-447-6122 817 Culpeper St. Bowling Green 42103 Addia Wuchner PO Box 911 Burlington 41005 324 W. Main Springfield 40069 Elizabeth Tori FAX 502-447-4715 Work 270-781-9946 Work 859-336-7723 Ron Crimm Home 270-842-6731 Work 859-525-6698 2851 S. Wilson Rd. Radcliff 40160 PO Box 43244 Louisville 40253 Joni L. Jenkins Home 859-336-9048 FAX 270-781-9963 Home 270-351-1829 Work 502-245-2118 2010 O’Brien Ct. Shively 40216 Brent Yonts FAX 270-351-1829 Home 502-245-8905 Home 502-447-4324 Steve Riggs 232 Norman Circle Greenville 42345 3274 Gondola Dr. Lexington 40513 Dennis Keene 8108 Thornwood Rd. Louisville 40220 Work 270-338-0816 Home 859-223-3274 Robert R. Damron LRC 502-564-8100 Home 270-338-6790 85 Kentucky Route 1101 Drift 41619 231 Fairway West Nicholasville 40356 1040 Johns Hill Road Wilder 41076 Home 859-441-5894 FAX 502-564-6543 FAX 270-338-1639 Robert J. “Bob” Leeper Home 606-377-6962 Home 859-887-1744 Tom Riner 229 South Friendship Paducah 42003 Thomas Kerr 1143 E. Broadway Louisville 40204 Work 270-554-9637 Jack Westwood Jim DeCesare Home 502-584-3639 2072 Lakelyn Court PO Box 122 Rockfield 42274 5415 Old Taylor Mill Rd. Taylor Mill 41015 Home 270-554-2771 Carl Rollins II Crescent Springs 41017-4472 Home 270-792-5779 Work 859-431-2222 FAX 270-554-5337 PO Box 424 Midway 40347 Home 859-344-6154 Home FAX 888-275-1182 Home 859-356-1344 FAX 859-431-3463 Home 859-846-4407 Vernie McGaha Work 270-792-5779 4787 W. Hwy. 76 David L. Williams Adam Koenig Steven Rudy PO Box 666 Milward Dedman, Jr. Russell Springs 42642 300 South Chiles Harrodsburg 40330 3346 Canterbury Ct. Erlanger 41018 3430 Blueridge Dr. W. Paducah 42086 Burkesville 42717 Home 270-866-3068 Work 859-734-2880 Home 859-578-9258 Home 270-744-8137 Work 270-864-5636 Home 270-433-7777 Mike Denham Jimmie Lee Sal Santoro 306 Old Hill City Road Maysville 41056 901 Dogwood Drive Elizabethtown 42701 596 Walterlot Ct. Florence 41042 Gerald A. Neal Work 270-765-6222 Home 859-371-8840 462 S. 4th St., Ste. 2150 Kenneth W. Winters Home 606-759-5167 1500 Glendale Road Murray 42071 Home 270-737-8889 FAX 859-371-4060 Louisville 40202 Work/FAX 270-759-5751 Bob M. DeWeese FAX 270-765-2312 Work 502-584-8500 6206 Glen Hill Rd. Louisville 40222 Charles Siler Home 502-776-1222 Home 502-426-5565 3570 Tackett Creek Rd. FAX 502-584-1119 Ed Worley Williamsburg 40769 PO Box 659 Richmond 40476 Work 606-549-0900 Home 859-623-6524 FAX 859-623-6557

THE KENTUCKY GENERAL ASSEMBLY  Committee Meetings

LEGISLATIVE RESEARCH Grant Application by the Interim Joint Lexington, rather than the regular meet- COMMISSION Committee on Health and Welfare dur- ing date of September 10. There are six Minutes of the 527th Meeting ing its meeting on September 5, 2008. potential conflicts September 24, 2008 Committee review of the FY 2009 From Senator Alice Forgy Kerr and The 527th meeting of the Legisla- Title V Maternal and Child Health Ser- Representative Eddie Ballard, Co-Chairs, tive Research Commission was held on vices Block Grant Application by the Interim Joint Committee on Economic Wednesday, September 24, 2008, at 1:30 Interim Joint Committee on Health and Development and Tourism: Memoran- Index PM, in Room 125 of the Capitol Annex. Welfare during its meeting on September dum requesting approval to meet jointly Senator David L. Williams, Chair, called 5, 2008. with the Interim Joint Committee on La- the meeting to order, and the secretary Committee review of the FY 2009 A bor and Industry on October 23, in Lex- Administrative Regulation Review called the roll. Substance Abuse Prevention and Treat- ington, rather than the regular meeting Subcommittee, 38 Present were: ment Block Grant Application by the date of October 16. This would be the Agriculture and Natural Resources, Members: Senator David L. Wil- Interim Joint Committee on Health and committee’s third out-of-town meeting. 6, 7, 8, 9 liams, Co-Chair; Representative Jody Welfare during its meeting on September (A&R is scheduled to meet the same Appropriations and Revenue, 10, 11 Richards, Co-Chair; Senators Carroll 5, 2008. day; however, an attempt will be made Gibson, Dan Kelly, Joey Pendleton, Dan Committee review of the FY 2009- to stagger meeting times to avoid con- B Seum, Katie Stine, Johnny Ray Turner, 2010 Temporary Assistance for Needy flicts.) Banking and Insurance, 12 and Ed Worley; Representatives Rocky Families Block Grant Application by the From Senator Alice Forgy Kerr and Interim Joint Committee on Health and C Adkins, Larry Clark, Bob M. DeWeese, Representative Mary Lou Marzian, Co- Capital Planning Advisory Board, 34 Charlie Hoffman, Jeff Hoover, Stan Lee, Welfare during its meeting on September Chairs, Interim Joint Committee on Labor Capital Projects and Bond Oversight, and Rob Wilkey. 5, 2008. and Industry: Memorandum requesting 36 LRC Staff: Bobby Sherman and Committee review of Executive Re- approval to meet jointly with the Interim Christy Glass. organization Order 2008-836, relating Joint Committee on Economic Develop- E to the Council on Postsecondary Educa- Economic Development and Tour- Senator Williams called the meeting ment and Tourism on October 23, in Lex- ism, 13 to order and the secretary called the roll. tion, by the Interim Joint Committee on ington, rather than the regular meeting Education, 14 There being a quorum present, Senator Education during its meeting of Septem- date of October 16. This would be the Energy, 16 Richards called for a motion to approve ber 8, 2008. committee’s third out-of-town meeting. the minutes of the August 6, 2008, NEW BUSINESS (A&R is scheduled to meet the same H Referral of prefiled bills to the fol- Health and Welfare, 17, 18, 19 meeting; accept items A. through K. un- day; however, an attempt will be made der Staff and Committee Reports; refer lowing committees: BR 147 (relating to to stagger meeting times to avoid con- J prefiled bills as indicated and approve income tax credits for small businesses) flicts.) Judiciary, 21 items B. through P. under New Busi- to Appropriations and Revenue; BR 42 From Bobby Sherman: Memoran- ness; accept and refer as indicated items (relating to substance abuse screening dum recommending Cynthia Galvin to be L pilot programs for public assistance re- Labor and Industry, 23 1. through 53. under communications; appointed Associate Uniform Law Com- Licensing and Occupations, 24 and approve Resolutions A. through I. cipients) to Health and Welfare; BR 60 missioner for the remainder of a term Local Government, 25 A Motion was made by Representative (relating to domestic relations and de- which expires January 30, 2010, filling Richards and seconded by Senator Seum. claring an emergency); BR 61 (relating the vacancy left by the retirement of Ann P A roll call vote was taken and the mo- to driving under the influence); BR 68 Zimmer. Prefiled Bills, 50 (relating to jury service); BR 69 (relat- Program Review and Investigations tion passed unanimously. The follow- From Senator Charlie Borders and Committee, 42, 44 ing items were approved, accepted, or ing to the civil rights of deaf and hard of Representative Harry Moberly, Co-Chairs, S referred: hearing persons); and BR 84 (relating to Interim Joint Committee on Appropria- Seniors, Veterans, Military Affairs and STAFF AND COMMITTEE REPORTS jurisdictional limits for Kentucky courts) tions and Revenue: Memorandum re- Public Protection, 27, 28 Information requests for August to Judiciary; BR 94 (relating to horse rac- questing approval to meet on September State Government, 29, 32, 49 2008. ing) to Licensing and Occupations; BR 22, rather than the regular meeting date T Committee Activity Report. 24 (relating to primaries); BR 79 (relating of September 25. There are no apparent Tobacco Settlement Agreement Fund Report of the Administrative Regu- to automated or recorded political tele- conflicts. Oversight Committee, 47, 48 lation Review Subcommittee meeting of phone messages); and BR 82 (relating to From Bobby Sherman: Memoran- Transportation, 33, 46 August 12, 2008. Kentucky State Parks) to State Govern- dum recommending approval of prefiling Committee review of Executive Re- ment; BR 56 (relating to motor vehicles); deadlines for the 2009 Regular Session. organization Order 2008-502, relating to BR 78 (relating to motor vehicle license From Bobby Sherman: Memoran- the Motor Vehicle Commission, by the plates); BR 120 (relating to motor vehicle dum recommending approval of the 2009 Interim Joint Committee on Transpor- license plates) to Transportation. Regular Session calendar. tation during its meeting of August 5, From Senator Brandon Smith and From Senate President David L. Wil- 2008. Representative Rick Nelson, Co-Chairs, liams and House Speaker Jody Richards: Committee review of Executive Re- Special Subcommittee on Energy: Mem- Memorandum regarding appointments organization Order 2008-529, relating orandum requesting approval to meet on to the Task Force on Economic Develop- to the Transportation Cabinet, by the In- October 24, in Lexington, rather than ment of the Interim Joint Committee on terim Joint Committee on Transportation the regular meeting date of October 17. Economic Development and Tourism. during its meeting of August 5, 2008. This would be the committee’s third From Bobby Sherman: Memoran- Committee review of Executive Re- out-of-town meeting. There are no ap- dum recommending approval of appoint- organization Order 2008-507, relating to parent conflicts. ments to the NCSL Executive Commit- the Environmental and Public Protection From Senator Tom Jensen, Repre- tee. Cabinet, by the Interim Joint Committee sentative Tom McKee, and Representa- From Senate President David L. Wil- on State Government during its meeting tive Jim Gooch, Co-Chairs, Interim Joint liams and House Speaker Jody Richards: on August 27, 2008. Committee on Agriculture and Natural Memorandum regarding appointments Committee review of the FFY 2009 Resources: Memorandum requesting to the Task Force on Elections, Consti- Community Mental Health Services Block approval to meet on September 12, in tutional Amendments, and Intergovern-

 2008 Interim LEGISLATIVE RECORD mental Affairs of the Interim Joint Com- From the Office of the Attorney Judicial Circuit Community Corrections From the Auditor of Public Ac- mittee on State Government General: Constitutional Challenge Re- Drug Court Program Administered by counts: Independent Accountant’s Re- From Senate President David L. Wil- ports for the month of July 2008. Administrative Office of the Courts for port on Agreed-Upon Procedures for the liams and House Speaker Jody Richards: From the University of Kentucky, FY 2007. Kentucky Department of Local Govern- Appointment of Representative W. Keith Kentucky Interagency Groundwater From the Auditor of Public Ac- ment for FY 2008. Hall to the Special Subcommittee on En- Monitoring Network: FY 2008 Annual counts: Report of the Audit of the 51st From the Auditor of Public Ac- ergy Report. Judicial District Community Corrections counts: Report of the Examination of From Senate President David L. Wil- From the Personnel Cabinet: State- Commissions, Inc., for FY 2006. Certain Specific Financial Activity of liams and House Speaker Jody Richards: wide Turnover Report for the 2nd Quar- From the Auditor of Public Ac- Kenlake State Resort Park. Memorandum regarding appointments ter of 2008. counts: Report of the Audit of the 51st From the Auditor of Public Ac- to the Local Superintendents Advisory From the Auditor of Public Ac- Judicial District Community Corrections counts: Examination of the Kentucky Council counts: Report of the Audit of the 1st Commissions, Inc., for FY 2007. Agricultural Development Board – Allied From Senator Brett Guthrie and Rep- Judicial District Corrections Board, Inc., From the Auditor of Public Ac- Food Marketers West, Inc., Project. resentative Hubert Collins, Co-Chairs, for the Year ended June 30, 2006. counts: Report of the Audit of the Office From the Auditor of Public Ac- Interim Joint Committee on Transporta- From the Auditor of Public Ac- of the Commonwealth’s Attorney 54th counts: Independent Accountant’s Re- tion: Memorandum requesting approval counts: Report of the Audit of the 1st Judicial District, for FY 2007. port of the Lung Cancer Research Fund to meet on Friday, November 7, rather Judicial District Corrections Board, Inc., From the Auditor of Public Ac- for FY 2007. than the regular meeting date of Novem- for FY 2007. counts: Report of the Audit of the 56th From the Auditor of Public Ac- ber 4 (election day). There are no appar- From the Auditor of Public Ac- Judicial District Corrections Board, Inc., counts: Independent Accountant’s ent conflicts. counts: Report of the Audit of the 3rd for FY 2007. Report on Applying Agreed-Upon Pro- From Senator Tom Buford and Repre- Judicial Circuit Community Corrections From the Auditor of Public Ac- cedures to the Kentucky Department of sentative Tommy Thompson, Co-Chairs, Board, Inc., for FY 2007. counts: Report of the Audit of the Education for FY 2007. Interim Joint Committee on Banking and From the Auditor of Public Ac- Community Corrections – Drug Court From the Auditor of Public Ac- Insurance: Memorandum requesting ap- counts: Report of the Audit of the 17th Program Administered by the Adminis- counts: Report of the Audit of the Ken- proval to meeting on Wednesday, Octo- Judicial Circuit, Division One, Commu- trative Office of the Courts, for FY 2007. tucky Department of Agriculture Spay ber 29, rather than the regular meeting nity Corrections Program, Inc., for FY From the Auditor of Public Ac- and Neuter Program for FY 2008. date of October 28. There are no appar- 2006. counts: Report of the Audit of the Jef- From the Auditor of Public Ac- ent conflicts. From the Auditor of Public Ac- ferson County Drug Court Program, for counts: Evaluation of Kentucky’s Gen- COMMUNICATIONS counts: Report of the Audit of the 17th FY 2006. eral Aviation Aircraft, September 2008 From Kentucky Employers’ Mutual Judicial Circuit, Division One, Commu- From the Auditor of Public Ac- – Performance Audit. Insurance: Quarterly Statements for the nity Corrections Program, Inc., for FY counts: Report of the Audit of the Jef- RESOLUTIONS period ending June 30, 2008. 2007. ferson County Drug Court Program, for A RESOLUTION adjourning the From Kentucky Employers’ Mutual From the Auditor of Public Ac- FY 2007. Legislative Research Commission in Insurance: Statement of Assets, Liabili- counts: Report of the Audit of the 18th From the Auditor of Public Ac- honor and loving memory of Clossie Ann ties and Surplus, Statement of Income Judicial Circuit Community Corrections counts: Report of the Audit of the Ken- Canter Neilson. and Statement of Solvency for the period Program for FY 2006. ton County Community Corrections A RESOLUTION adjourning the ending June 30, 2008. From the Auditor of Public Ac- Advisory Board, Inc., Administered by Legislative Research Commission in From the Kentucky Personnel Board: counts: Report of the Audit of the 18th Transitions, Inc., for FY 2006. honor and loving memory of Ruric Nevel FY 2008 Annual Report. Judicial Circuit Community Corrections From the Auditor of Public Ac- Greene. From the Cabinet for Economic De- Program for FY 2007. counts: Report of the Audit of the Ken- A RESOLUTION adjourning the Leg- velopment, Kentucky Commission on From the Auditor of Public Ac- ton County Community Corrections islative Research Commission in honor Small Business Advocacy: FY 2008 An- counts: Report of the Audit of the 21st Advisory Board, Inc., Administered by and loving memory of Second Lieutenant nual Report. Judicial Circuit Community Corrections Transitions, Inc., for FY 2007. Howard Clifton Enoch, Jr. From the Finance and Administra- Project, Inc., for FY 2006. From the Auditor of Public Ac- A RESOLUTION adjourning the tion Cabinet: Monthly Investment In- From the Auditor of Public Ac- counts: Independent Accountant’s Legislative Research Commission in come Report for the months of July and counts: Report of the Audit of the 21st Report of the Kentucky Health Care Im- honor and loving memory of Kenny Ray August 2008. Judicial Circuit Community Corrections provement Fund for FY 2007. Walton II. From the Office of the Inspector Project, Inc., for FY 2007. From the Auditor of Public Ac- A RESOLUTION adjourning the General, Cabinet for Health and Fam- From the Auditor of Public Ac- counts: Independent Accountant’s Re- Legislative Research Commission in hon- ily Services and the Medicaid Fraud and counts: Report of the Audit of the Com- port of the Early Childhood Development or and loving memory of Luther “Pete” Abuse Control Division, Office of Attor- munity Corrections – 24th Judicial Cir- Fund for FY 2007. Waits. ney General: Medicaid Fraud and Abuse cuit, Inc., for FY 2007. From the Auditor of Public Ac- A RESOLUTION adjourning the Leg- report for FY 2008. From the Auditor of Public Ac- counts: Report of the Audit of the East- islative Research Commission in honor From the Cabinet for Health and counts: Report of the Audit of the 28th ern Kentucky Exposition Center Corpo- and loving memory of Emma Waldeck. Family Services, Department for Com- Judicial Circuit Community Corrections ration, Inc., for FY 2007. A RESOLUTION adjourning the munity Based Services: Report for the Board, Inc., for FY 2006. From the Auditor of Public Ac- Legislative Research Commission in period April 15, 2008, through June 30, From the Auditor of Public Ac- counts: Report on the Agreed-Upon honor and loving memory of Wilma Jean 3008. counts: Report of the 28th Judicial Cir- Procedures Engagement of the Kentucky Timberlake. From the Cabinet for Economic De- cuit Community Corrections Board, Inc., Executive Branch Ethics Commission A RESOLUTION adjourning the velopment: Kentucky Investment Capital for FY 2007. Statements of Financial Disclosure for Legislative Research Commission in hon- Network Program Report for FY 2008. From the Auditor of Public Ac- the calendar year 2007. or and loving memory of William Terry From the Cabinet for Health and counts: Report of the Audit of the 33rd From the Auditor of Public Ac- Ward. Family Services, Department for Public Judicial Circuit Community Corrections counts: Report on Compliance with A RESOLUTION adjourning the Health, Kentucky HIV/AIDS Planning Board for FY 2006. Civil Rights Laws Including Agency Title Legislative Research Commission in hon- and Advisory Council: September 2008 From the Auditor of Public Ac- VI Implementation Plans, Updates and or and loving memory of Charles Steven Year End Report. counts: Report of the Audit of the 33rd Compliance Reports for FY 2007. Smothers. From the Cabinet for Health and Judicial Circuit Community Corrections From the Auditor of Public Ac- Senator Seum moved that the Com- Family Services, Department for Com- Board for FY 2007. counts: Report of the Statewide Single mission go into Executive Session at 1:45 munity Based Services: Child Abuse and From the Auditor of Public Ac- Audit of the Commonwealth of Ken- p.m. The motion was seconded by Rep- Neglect Annual Report of Child Fatalities counts: Report of the Audit of the 36th tucky for FY 2007. resentative Lee. The motion carried. and Near Fatalities, September 2008. Judicial Circuit Community Corrections From the Auditor of Public Ac- Upon returning from Executive Ses- From the Tourism, Arts and Heri- Board for FY 2007. counts: Independent Accountant’s Re- sion, a Motion was made by Senator Seum tage Cabinet: 1% Transient Room (Lodg- From the Auditor of Public Ac- port of the Rural Development Fund for and seconded by Representative Wilkey ing) Tax Progress Report. counts: Report of the Audit of the 43rd FY 2007. that the Commission adopt a Memoran-

THE KENTUCKY GENERAL ASSEMBLY  dum stating that effective September 1, about $800,000. She said the SoHo fund offers short periodically discuss euthanasia with 2008, the salary of the LRC Director shall Ms. Grulke discussed the causes term assistance to cover the cost of feed their veterinarian. She said euthanasia be set at $16,250 per month. of horse abuse and abandonment, such and veterinary care for confiscated horse, is considered as an alternative for horses as economic impacts, behavior and at- and feed for privately owned horses due that have been underfed or mistreated. Representative Wilkey stated that titude, and the failure of people to ad- to recent job loss, injury, or the like. Ms. Neagle said the center relies on given a review of the salaries across state mit that they cannot keep up a horse, The networking involves meeting grants and fund-raising and has a budget government, and the importance of the a refusal to give up a horse that cannot with equine rescue organizations, en- of about $300,000 per year. She men- position occupied by the LRC Director, be cared for, the loss of the slaughter op- couraging the development of standards tioned that Texas and Illinois have state- the salary increase was appropriate. tion, and the reluctance of local officials of care, education, and support, accord- funded programs similar to center. A roll call vote on Senator Seum’s to confiscate horses. ing to the speaker. When Ms. Neagle finished her pre- Motion was taken and the Motion passed The speaker mentioned two legisla- She went on to describe the equine sentation, Senator Thayer mentioned a 11-5. tive goals – the need for a study to gath- abuse investigation training. In 2008, bill that he had drafted concerning the There being no further business, the er estimates on the number of horses they have trained 50 law enforcement agister’s lien and planned to work with meeting was adjourned at 2:30 p.m. at-risk and what it would take to care for and animal control officers. She said they Representative Adams on introduction them, and a change in the agister’s lien also are working on additional training of the measure. INTERIM JOINT process to allow horse boarders to sell and support for veterinarians, county Next, the subcommittee heard an COMMITTEE ON or dispose of a horse sooner than now judges and attorneys, concerned citi- update on the North American Racing AGRICULTURE AND allowed. zens, and Horse Council members. Academy (NARA) from Mr. Chris McCar- NATURAL RESOURCES During discussion, Ms. Grulke re- As for minimum standards of care, ron, Executive Director of the NARA and Subcommittee on Horse Farming sponded to Representative Adams that she said they want to define more pre- a Hall of Fame jockey. Minutes of the 4th Meeting the subject of horse slaughter was not cisely what “adequate” means in the Mr. McCarron updated the subcom- of the 2008 Interim on the agenda during a recent national context of the criteria set out in the ani- mittee on the progress being made by November 12, 2008 meeting, although the subject was dis- mal cruelty statutes. the academy, which is affiliated with the The 4th meeting of the Subcommit- cussed informally. Representative Adams Responding to Representative Ad- Kentucky Community and Technical Col- tee on Horse Farming of the Interim Joint said the issue is one that will need to ams, Ms. Rogers explained to volunteer- lege System (KCTCS). According to his Committee on Agriculture and Natural be addressed and legislators will need ism exists, but in “pockets” in some report, the eight students graduated in Resources was held on Wednesday, No- someone to take the lead on it. Ms. counties, but not others. According to the academy’s first class; four of those vember 12, 2008, at 10:00 AM, in Room Grulke said the Kentucky Horse Council the speakers, the SoHo fund is not large graduates are now riding competitively. 129 of the Capitol Annex. Senator Da- is officially neutral on horse slaughter, enough to take care of the needs that ex- The second class had six jockey trainees. mon Thayer, Chair, called the meeting to but plans to survey its members regard- ist. In the current class, 30 students were order, and the secretary called the roll. ing their attitudes. Representative Adams noted that accepted and 25 enrolled. Of the 25, 17 Present were: Co-chair Thayer summarized the some rescue groups may take in horses, are pursuing the jockey education path Members: Senator Damon Thayer, issue for the subcommittee, noting that but are unable to provide the care need- with the remainder working a degree en- Co-Chair; Representatives Royce W. Ad- the only slaughter facilities available for ed. abling them to work in the horse racing ams, Tom McKee, David Osborne, Sannie U.S. horses are in Mexico and Canada. Next, the subcommittee heard from industry. Students who finish the two- Overly, Don Pasley, and Tom Riner. Representative McKee said he had Ms. Neagle, who indicated the Kentucky year program receive a degree in applied Guests: Ginny Grulke and Essie learned that the market for lower end Equine Humane Center opened its 72- equine science. According to his report, Rogers, Kentucky Horse Council; Lori horses had diminished, even in the thor- acre Jessamine County facility in April the academy stresses “life skills,” teach- Neagle, Kentucky Equine Humane Cen- oughbred industry. He mentioned anec- 2007. The facility has the capacity to ing the students riding skills, but also ter; Chris McCarron, North American dotes he had heard about horses being house 50 horses and accepts breeds of teaching them how to handle the financ- Racing Academy; and Lori Davis, Ken- left abandoned in farm fields. all types, even donkeys and mules. The es, nutrition, fitness, communications tucky Community and Technical College Ms. Grulke agreed that the market horses that are taken in must be owned that are a part of being a jockey. System. for lower end horses had vanished. She by Kentuckians or stabled in Kentucky, Mr. McCarron told the subcommit- LRC Staff: Lowell Atchley and Katie noted that some horse owners are leav- which is often the case with thorough- tee that it was mind-boggling that the Carney. ing their horses at stockyards, prompting breds. The facility requires that a horse United States offers the finest horse rac- The presiding co-chair, Senator stockyard personnel to gather detailed have a valid Coggins test. The owner ing in the world, yet, before formation of Thayer, deferred approval of the minutes, information from owners when they first must provide transportation to the fa- NARA, had no jockey training academy pending the gathering of a quorum for bring horses in. cility. The center does not require dona- as do other countries. the meeting. Representative McKee observed tions when taking horses in, but accepts According to Mr. McCarron, stu- Co-chair Thayer called the first that horses have become akin to a pet, them. dents begin their academic work at the speakers to the witness table – Ms. Ginny but the difference between a horses and Horses come to the facility under Kentucky Horse Park in the first year, and Grulke, Executive Director and Ms. Essie cattle is there is a ready market for cat- a variety of circumstances, according then shift to the Thoroughbred Training Rogers, Director of Education and Wel- tle. to Ms. Neagle, including animal control Center on Paris Pike for the second year fare respectively of the Kentucky Horse According to Senator Thayer, the agencies, volunteer surrender from peo- because the Horse Park does not have a Council, and Ms. Lori Neagle, Director of movement to end the availability of ple who can no longer care for the horses race training track. He said their long- the Kentucky Equine Humane Center. slaughter and the poor economy has cre- for economic reasons, their children have term goal is to have a 6-7 furlong track The speakers appeared before the ated a “perfect storm” in the horse in- grown, or they are moving, or become at the Horse Park with 50-60 barns and subcommittee to discuss the issues of dustry. sick. They also have a surrender process academic buildings. He also mentioned horse abuse, abandonment, and rescue Next, the subcommittee heard from at race tracks that allows owners there having the academy offer remedial train- in Kentucky. Ms. Rogers, who said the Horse Council to give up their horses. Sometimes, she ing for jockeys who are plying their Ms. Grulke opened the discussion. maintains a welfare hotline, has created said, people will wake up one morning to trade. In her remarks, she characterized the is- a donation fund called “Save Our Hors- find horses abandoned on their property Responding to Representative McK- sue as a national one that needs to be es,” (SoHo) undertakes networking for and are in no position to care for them. ee, Mr. McCarron indicated his KCTCS addressed. She said they are getting calls horse rescue organizations, offers equine Once horses arrive at the center, budget currently allows him to have about the issue from throughout the abuse training, and is developing mini- they are examined and vaccinated. A 20 horses, which limits the number of state. mum standards of care for horse rescue determination is made whether a horse students to about 25. He reiterated his Starting with the number of horses groups. is a candidate for adoption or should be long-term goal of having a 50-60 build- that traditionally went to slaughter and According to Ms. Rogers, many local euthanized. ing campus. Mr. McCarron said jockey deducing from that point, Ms. Grulke es- authorities are reluctant to investigate or In terms of adoption, Ms. Neagle schools in other countries require their timated there are 1,600 horses in Ken- prosecute equine abuse cases because of said they have a process that people students to care for their horses, as well tucky that are at-risk. Based on a cost little knowledge about the problem, lack must abide by and they must check back as riding them. Representative McKee of $2,500 a year, she said it would cost of funding, lack of resources, or concern with the center twice a year. She said said Kentucky is fortunate in having about $4 million a year to keep up the about loss of popularity among their there is no standard regarding how long someone of Mr. McCarron’s stature in horses. Euthanasia, she said, would cost constituents. horses remain at the center. Also, they the industry teaching the sport.

 2008 Interim LEGISLATIVE RECORD Responding to Representative Pas- from around 160 average annual fatali- with Wyoming and West Virginia, which if any coming into Kentucky from foreign ley, Mr. McCarron described his and stu- ties in the early part of the century to are the two states that produce more countries. Representative Collins then dents’ reactions to being on hand for around 12 average annual fatalities at coal than Kentucky. asked if there were areas that had exposed the return of thoroughbred champion the end. In 2007, for the first time since coal seams as large as those found in the Alysheba to Kentucky from Saudi Ara- 1890, there were no underground fatali- On coal to liquid, the technology Powder River Basin area, like perhaps in bia, where he was retired from breeding. ties and only 2 surface fatalities. There has been around a long time, and if we the Illinois Basin. Mr. Caylor responded Alysheba will be housed at the Kentucky have been 4 coal mining related fatalities pursue it as an energy source, it could that there were not. Representative Col- Horse Park. to date in 2008 in Kentucky, 3 surfaces produce liquid fuel at a price of around lins then commented that few positive Documents distributed during the and 1 underground. $1.50 per gallon plus taxes. This devel- aspects of coal production were well re- subcommittee are available with meeting Mr. Caylor closed his remarks by opment would not reduce the price of ported by the media, and that they seem materials in the LRC Library. The meeting discussing the major impacts of HB 207 gasoline, although it would help stabi- to focus on the more negative aspects of ended at approximately 11:45 a.m. on the mining industry. Among the ma- lize cost increases in the future. Electric coal production. Representative Collins jor impacts he listed were: all electri- hybrid cars are the most promising de- also wondered what new information cal work must be performed by a certi- velopment for the use of Kentucky coal the foremen could be learning from the fied electrician, two medical emergency in the future. A serious commercial- further training requirements. technicians (METs) must be onsite for sized coal to liquid plant would require Senator Harris asked what the cur- underground mines, six additional hours an investment of $4-6 billion, and until rent spot price of coal was. Mr. Caylor INTERIM JOINT of retraining for mine foreman were man- we can guarantee the price of the fuel, it responded that it was anywhere from COMMITTEE ON dated (he stated that there were already will be difficult to convince someone to $50-$100 per ton. Some metallurgical AGRICULTURE AND 16 hours of retraining mandated, which build such a plant. Mr. Caylor believes coal could be $200 per ton. NATURAL RESOURCES was 8 hours more than any other state that the demand does exist from the US Senator Pullin commented that four Subcommittee on Natural Resources in the nation), the mine fan must be Air Force to purchase large quantities of years ago, the General Assembly passed Minutes of the 2nd Meeting in continuous operation, which could fuel produced by a coal to liquid plant. a resolution expressing its full support of the 2008 Interim have a negative effect on small mining Senator Boswell commented that for the Air Force’s Assured Fuels Initia- October 8, 2008 operations where it would be neces- the Illinois Basin was one of the locations tive, and that the General Assembly con- The 2nd meeting of the Subcom- sary to shut the mine fan off from time proposed by the US Department of De- tinues to support it. mittee on Natural Resources of the In- to time, and duplication of many MSHA fense for a coal to liquid plant. He then Representative Hall commented on terim Joint Committee on Agriculture duties such as roof control plans, mine asked about the Clean Air Act. Phase I the positive trend in mine safety in Ken- and Natural Resources was held on seal construction plans, and electrical compliance had an impact on the West- tucky and that the positive aspects of Wednesday, October 8, 2008, at 10:00 inspections. Mr. Caylor’s suggestions ern Kentucky coal plants and that Phase coal production in Kentucky were not re- AM, in Room 131 of the Capitol Annex. for improving mine safety conditions in- II impacted the Eastern Kentucky coal ported enough. He went on to state that Representative Keith Hall, Chair, called cluded focusing on “behavior modifica- fields. Have these compliance require- the MET requirements were too burden- the meeting to order, and the secretary tion” – observing a miner working onsite ments increased the demand for out of some on small coal producers, and that called the roll. and teaching him/her safer working tech- state coal, such as coal from Wyoming? there should be an exception to the re- Present were: niques and getting away from duplica- Mr. Caylor responded that they quirement for small operators. Coal sev- Members: Senator Ernie Harris, Co- tive safety requirements that are already had. Phase I offered utilities the option erance revenues are up 23%, and Ken- Chair; Representative Keith Hall, Co- in effect under MSHA. of either installing a scrubber or switch- tucky needs as much of this money as Chair; Senator David E. Boswell; Repre- Representative Pullin commented ing to low-sulfur coal. Most utilities it can get. However, production is being sentatives Hubert Collins, Jim Gooch Jr., that coal was not mined in her district, chose to switch to low sulfur coal, like stymied by the MET requirement, espe- and Tanya Pullin. but that her district did benefit from the kind that is abundant in Wyoming. cially for small producers who are having Guests: Commissioner Carl Camp- coal production through lower electric- Under Phase II, utilities have to reduce a hard time finding two METs and ensur- bell, Department of Natural Resources; ity rates and the transportation of coal. sulfur dioxide, nitrogen oxides, and par- ing that they always show up onsite for Johnny Greene, Office of Mine Safety and She asked how competition from coal ticulate matter emissions. In order to do every work day. Licensing; Bill Caylor, Kentucky Coal As- produced outside of the United States this, they have to install scrubbers. The Mr. Jacobs expressed the need for sociation; Joe Jacobs, Jacobs Risk Man- affected coal prices within the state. installation of the scrubbers allows the common sense in applying the mine agement; Paul Corbin, Corbin Mining; Mr. Caylor responded that a large plants to use coal with a higher sulfur safety regulations. He stated that the David Gooch, Coal Operators and As- amount of coal was being imported content, which undermines the demand Office of Mine Safety and Licensing has sociates; and Bruce Williams, Kentucky mainly from South America to the for out-of-state, low-sulfur coal that one of the best mine rescue teams in Conservation Committee. southeastern region of the US, which was originally imported to meet Phase the US and without it the small opera- LRC Staff: Stefan Kasacavage and created competition for Kentucky coal I compliance. Wyoming coal still offers tor would have vanished from the face Kelly Blevins. in that market. The coal produced in competition because of the low cost of of the Earth. The analyst program was Representative Hall called the meet- those countries could be provided at a production there. a forerunner to the behavior modifica- ing to order. A quorum was not present. lower cost because of the lax safety and Senator Boswell commented that tion program, which is one of the best Representative Hall invited all of the environmental conditions under which it nations importing coal to compete on things that the General Assembly passed guests to the table to discuss changes was produced. the US market were not playing on a to promote mine safety in the state. The in the implementation and enforcement Representative Pullin then asked level playing field, because of the lack behavior modification program allowed of mine safety law made by HB 207 of what it meant that surface mining was of safety and environmental regulation experienced miners to teach miners 2007. 27% more efficient than underground under which their coal was produced. onsite safety techniques. This onsite Mr. Caylor began with a power mining. Mr. Caylor responded that 27% These concerns can be applied to other teaching program is more effective than point presentation on coal production more tons of coal per worker were pro- imports from countries such as China the current requirement under HB 207 and mine safety in Kentucky. He stated duced through surface mining. where labor and environmental regula- that the foreman receive further train- that Kentucky ranked 3rd nationally in Senator Boswell complemented the tion is very lax. ing in a classroom. The foreman should coal production behind Wyoming and presentation and asked Mr. Caylor about Representative Collins asked if the be trained onsite by an analyst program West Virginia. Coal also accounts for why Kentucky had fallen from the lowest percentage of the coal used by Kentucky specialist. We had a program called 93% of Kentucky’s electricity production electricity costs in the nation to fourth utilities that was produced in Kentucky FACE in the past that accomplished this and contributes to Kentucky’s relatively lowest. Is it the cost of regulation? He had increased, or had it decreased in the type of safety training. low cost of electricity – 5.43 cents/kWh, also asked what impact the initiatives face of cheap coal imported into the state. Mr. Jacobs further stated that the 4th lowest in the United States. 17, 893 passed in House Bill 1 of 2007 on coal to Mr. Caylor responded that the percent- requirement that two METs be onsite people are employed as coal miners in liquid issues had on Kentucky coal. age was about the same. Representative was just too burdensome for small op- Kentucky making an average of $58,600 Mr. Caylor responded that Kentucky Collins then asked specifically about the erators. Practical conditions must be per year. Mr. Caylor continued his pre- was in competition with states that re- coal imported from foreign countries. considered in requiring two METs to be sentation with Kentucky mine safety lied on hydroelectric power, which pro- Mr. Caylor responded that most of that onsite. There are not enough miners statistics. Mine fatality rates continu- vided more consistently low electricity imported coal went to other southeast- trained as METs, and the competition is ously fell throughout the 20th century, costs. Additionally, we are competing ern states, and that there was very little too great from other operators to hire

THE KENTUCKY GENERAL ASSEMBLY  the METs that are available. underground mining, so they should be be approved as written. The motion was The average number of faculty for a top Representative Hall stated that un- paid the same. Mr. Greene replied that seconded by Representative Yonts. The 20 university is 2,724. The elimination derground miners are required to have 48 the regular inspectors are also members motion carried by voice vote. of those 71 faculty positions represent- hours training. He went on to express of the mine rescue team, whereas the Mayor Jim Newberry of Lexington, ed a loss of $10.6 million in external re- the need for some flexibility in the MET surface reclamation people are not. Mayor Ed Burtner of Winchester, and search funding for the university. requirement for small operators. Mr. Campbell stated that they Judge Executive Henry Branham of Clark Next, Dr. Todd discussed funding Mr. Greene stated his job was to would be happy to provide for the in- County welcomed the committee to for the university, stating that the cur- enforce the law, and that the law stated crease in pay for surface reclamation in- Bluegrass Station. Then Major General rent level of support from the state is that one MET was required to be onsite spectors, if the General Assembly would Edward Tonini, Adjutant General of the $316,853,500. He then discussed the for a nonproduction shift and two were provide funding for it. Kentucky National Guard, gave a pre- current year level for in-state undergrad- required to be onsite for a production Representative Hall stated that it sentation regarding Bluegrass Station. uate tuition, which is $7,736. He then shift. He tried to be as fair as possible in was important that everyone work to- He discussed the historical background, provided examples of in-state under- enforcing the law to the operators, while gether to increase production along with tenants, and economic impact of the fa- graduate tuition for several institutions at the same time staying true to the in- safety and that the MET requirement cility. in the regions, with Pennsylvania State tent of the law. Representative Hall asked should be lowered for small operators. Dr. Lee Todd updated the com- University being the highest at $13,706 Mr. Greene what size operator he would Representative Gooch expressed mittee on the University of Kentucky’s and the University of Florida being the consider a “small operator” for the pur- his appreciation for the mine safety im- progress towards becoming a top 20 lowest at $3,777. poses of making an exception to the MET provements that have been made. He research institution by 2020. Dr. Todd Finally, Dr. Todd discussed the level requirement, so as to require that only went on to state that the media did not briefly highlighted the importance of be- of state financial support the University one MET be onsite for small operators. adequately report positive news stories coming a state with a top 20 university. of Kentucky needs to reach the goal of Mr. Greene responded that he would involving coal production, while em- He stated that the median household becoming a top 20 university. He stated consider a small operator to be one that phasizing the negative ones. He was income of states with a top 20 insti- that the university needs an increase of had 15 employees or less. Representa- also concerned with the more stringent tution is $12,000 per year higher than 5.8% between 2006 and 2012, and 3.5% tive Hall then asked whether there was MSHA enforcement that was raising Kentucky’s average. Also, children living thereafter to reach the top 20 goal. a difference in training between surface costs for Kentucky operators. He feared below the poverty line decreases 7.5% in Representative Moberly thanked and underground METs. Mr. Greene re- that the increased enforcement was not those same top 20 states. the speakers and Bluegrass Station for sponded that there was not. However, improving safety conditions, but that it Dr. Todd discussed the re-calibra- hosting the committee. Being no further the law requires that an underground was increasing costs. tion of the university’s business plan to business, the meeting was adjourned at MET must be an underground coal miner. Representative Hall thanked the include the number of masters degrees 11:55 a.m. A tape of this meeting and Representative Hall then reiterated his panel for the productive discussion. awarded, professional doctorates, and all meeting materials is available in the belief that there needed to be an excep- There being no further business, number of faculty publications. With Legislative Research Commission library. tion in the MET requirement for small the meeting was adjourned. this re-calibration, the University of operators. Kentucky ranks #36 out of 92 public re- Representative Hall then suggested search universities. He also discussed INTERIM JOINT COMMITTEE allowing the MET training requirement INTERIM JOINT COMMITTEE various efficiency efforts being undertak- ON APPROPRIATIONS AND to be satisfied as long as the miner was ON APPROPRIATIONS AND en by the university, including changing REVENUE currently participating in the certification REVENUE the administrative structure, outsourc- Budget Review Subcommittee on process. Mr. Greene responded that the Minutes of the 3rd Meeting ing office supply contracts, and removing Economic Development and Tourism, law required that the miner complete the of the 2008 Interim phones from residence halls. Natural Resources and Environmen- MET certification training before he or October 23, 2008 Next, Dr. Todd discussed the uni- tal Protection she is considered an MET. Representa- The 3rd meeting of the Interim Joint versity’s undergraduate program. He Minutes of the 2nd Meeting tive Hall then expressed his concern that Committee on Appropriations and Rev- discussed the importance of increasing of the 2008 Interim he was recently cited for a violation for enue was held on Thursday, October 23, ACT/SAT scores in the state. He stated November 13, 2008 having a satellite phone as the means of 2008, at 10:30 AM, in Building #4 at that top 20 university scores average The 2nd meeting of the Budget external communication at a mining site Bluegrass Station. Representative Harry 1248, while the University of Kentucky’s Review Subcommittee on Economic instead of a landline phone. Mr. Greene Moberly Jr., Chair, called the meeting to average is 1096, and the statewide aver- Development and Tourism, Natural Re- responded that it was his opinion, as order, and the secretary called the roll. age is 990. The retention rate for under- sources and Environmental Protection a matter of enforcement policy, that a Present were: graduates is 92% in the 20th ranked uni- of the Interim Joint Committee on Ap- hard landline phone was the most reli- Members: Senator Charlie Borders, versity and currently 81% for University propriations and Revenue was held on able form of communication in an emer- Co-Chair; Representative Harry Moberly of Kentucky. The student to faculty ratio Thursday, November 13, 2008, at 10:30 gency and that it was the kind of phone Jr., Co-Chair; Senators David E. Boswell, at the university is two students higher AM, in Room 125 of the Capitol Annex. required by the law. Representative Hall Tom Buford, Denise Harper Angel, Ernie than the 20th ranked institution, and Representative John A. Arnold Jr., Chair, expressed his belief that satellite phones Harris, Alice Forgy Kerr, Bob Leeper, R.J. the graduation rate is 16.1% less than called the meeting to order, and the sec- were just as safe and reliable. Palmer II, Brandon Smith, and Johnny the 20th ranked university. retary called the roll. Representative Hall then asked Ray Turner; Representatives Royce W. Dr. Todd discussed the importance Present were: what was the job title of a surface mine Adams, Scott W. Brinkman, Dwight D. of increasing undergraduate enrollment Members: Representative John A. inspector with the Office of Mine Safety Butler, Larry Clark, James R. Comer Jr., and retention. He stated that the under- Arnold Jr., Co-Chair; Representatives and Licensing. Mr. Greene responded Mike Denham, Danny Ford, Derrick Gra- graduate enrollment at the university is Larry Clark, Tim Firkins, Dennis Keene, that they were called regular inspectors, ham, Keith Hall, Jimmie Lee, Lonnie Na- 18,995, but the average enrollment for Lonnie Napier, Marie Rader, Jimmy Hig- and that they inspected both surface and pier, Rick G. Nelson, Don Pasley, Charles top 20 universities is 27,261. He also don, and Ruth Ann Palumbo. underground mines. Additionally, there Siler, Arnold Simpson, John Will Stacy, said that the university now awards Guests: Dr. Len Peters, Secretary, are surface safety analysts. Representa- Tommy Turner, Robin L. Webb, and Brent 3,775 bachelor’s degrees, but under- Energy and Environment Cabinet tive Hall said that he heard that there Yonts. graduate degrees awarded at top 20 in- LRC Staff: Perry Papka, Melissa was a pay discrepancy between surface Guests: Mayor Jim Newberry, Lex- stitutions average 6,299. Dr. Todd also Hagan, and Matt Ellis. inspectors and underground inspec- ington; Mayor Ed Burtner, Winchester; discussed the increases in undergraduate Chairman Arnold called the meet- tors. Mr. Jacobs then stated that the Judge Henry Branham, Clark County; applications, and enrollment of African- ing to order at 10:35 A.M. He welcomed discrepancy was between a surface rec- Major General Edward Tonini, Adjutant American freshmen, Governor’s Scholars guests and introduced Dr. Len Peters, lamation and enforcement employee and General, Kentucky National Guard; Dr. freshmen, and transfer students at the Secretary of the Energy and Environment an underground inspector. The surface Lee Todd, University of Kentucky. university. Cabinet, for an overview of the Cabinet’s reclamation and enforcement employee LRC Staff: Pam Thomas, Charlotte Dr. Todd discussed the need to in- initiatives. makes about $10,000 less than the un- Quarles, Jennifer Hays, John Scott, Eric crease faculty at the university. He stated Dr. Peters thanked the committee derground inspector. Representative Kennedy, and Sheri Mahan. that the university now has 1,998 posi- and called attention to the Cabinet be- Hall stated that the statistics show that Representative Pasley moved that tions, down by 71 positions which were ing created due to reorganization. Upon surface mining is just as hazardous as the minutes from the previous meeting eliminated due to budget constraints. completing the presentation, Dr. Peters

10 2008 Interim LEGISLATIVE RECORD opened the floor for questions and/or formal agreement with a utility company Healthy Kentucky. comments. INTERIM JOINT COMMITTEE to provide a slipstream to demonstrate LRC Staff: Rhonda Franklin, Chad Chairman Arnold made a motion to ON the process. This would provide a com- Collins and Jamie Griffin. approve the minutes from the previous APPROPRIATIONS AND plete energy cycle from coal energy cre- The minutes of the September 23, meeting. Representative Clark seconded REVENUE ating carbon dioxide, which helps create 2008, meeting were approved. the motion and the minutes were ap- Budget Review Subcommittee on the algae, which creates more energy. He Representatives of the Personnel proved. General Government, added that though the process is carbon Cabinet presented a PowerPoint presen- Representative Firkins commended Finance, and Public Protection neutral, the federal government does not tation regarding the 2009 Kentucky Em- Dr. Peters for an impressive presenta- Minutes of the 1st Meeting provide as much funding for bio-research ployees Health Plan. Deputy Secretary tion, adding that the subject of energy of the 2008 Interim as it does for geo-related research. Tim Longmeyer stated that there were is a critical area for both the state and November 13, 2008 Representative Keene asked if the many challenges in the negotiation of the the country. The 1st meeting of the Budget Re- energy efficiency methods used in Ken- 2009 plan. He said the following things Representative Clark suggested view Subcommittee on General Govern- ton County schools will be used as a contributed to the challenges: con- that the Cabinet prepare a package to ment, Finance, and Public Protection footprint for other schools in the state. tinuing health plan inflation; the 2008 bring before the General Assembly in the of the Interim Joint Committee on Ap- Dr. Peters replied in the affirmative, add- contributions were artificially lowered; upcoming session to provide the tools propriations and Revenue was held on ing that the model will be expanded to health benefit plans have not changed to aid in the further research and imple- Thursday, November 13, 2008, at 10:00 other schools. in years; the highly used plans lack di- mentation of energy incentives. He added AM, in Room 171 of the Capitol Annex. Representative Keene asked if there versity; consumer complacency; the lack thanks for the work the Cabinet is doing Representative Royce W. Adams, Co- has been energy saved from the imple- of a meaningful wellness plan; and, little in this area. Dr. Peters replied that the Chair, called the meeting to order, and mentation of a four day work week in utilization of the HRA based plan. Cabinet is working with the Governor’s the secretary called the roll. some state offices. Dr. Peters replied that, Mr. Longmeyer stated that the Office to prepare a legislative agenda, Present were: since the four day work week is only an principles of the 2009 Health Plan are: adding that the state cannot wait until Members: Representative John A. option and not mandatory, there are no to provide uniform coverage across the 2010 to act on these issues. Arnold Jr., Co-Chair; Representatives statistics to show if energy is saved or Commonwealth; encourage wellness Chairman Arnold asked Dr. Peters Larry Clark, Tim Firkins, Dennis Keene, not. and healthy lifestyles; provide preventive to explain the process of growing algae Lonnie Napier, Marie Rader, Jimmy Hig- Chairman Arnold asked how the care at little or no cost; improve chronic to produce fuel. Dr. Peters explained that don, and Ruth Ann Palumbo. state is working with other coal produc- disease care; educate members about certain types of algae contain up to 60% Guests: Dr. Len Peters, Secretary, ing states to encourage and educate the plans that are more appropriate for their of its weight in oil that can be used to Energy and Environment Cabinet federal government regarding the impor- health needs; provide plan alternatives create biodiesel fuel. The production of LRC Staff: Perry Papka, Melissa tance of using coal energy. Dr. Peters re- that are accessible for retirees; provide a algae on a commercial scale requires the Hagan, and Matt Ellis. plied that the Cabinet is working closely quality PPO option; provide an improved development of a photoreactor to create Chairman Arnold called the meet- with the Kentucky delegation to get ad- subsidy for family and dependent cover- “vertical ponds.” The Cabinet has an in- ing to order at 10:35 A.M. He welcomed ditional testimony on the federal level to age; and, provide plans with unlimited formal agreement with a utility company guests and introduced Dr. Len Peters, show that coal energy is cleaner and bet- lifetime maximums. He gave the com- to provide a slipstream to demonstrate Secretary of the Energy and Environment ter for the country, adding that the focus mittee an overview of the medical plan the process. This would provide a com- Cabinet, for an overview of the Cabinet’s is to bring attention to coal energy on a and pharmacy alternatives. He stated plete energy cycle from coal energy cre- initiatives. national level. that also in 2009 there will be two ad- ating carbon dioxide, which helps create Dr. Peters thanked the committee Chairman Arnold thanked Dr. Pe- ditional programs available: implementa- the algae, which creates more energy. He and called attention to the Cabinet be- ters for appearing before the committee tion Virgin Health Miles walking program; added that though the process is carbon ing created due to reorganization. Upon and there being no further business, ad- and improved disease management pro- neutral, the federal government does not completing the presentation, Dr. Peters journed the meeting at 11:05 A.M. grams. He stated the main goals of the provide as much funding for bio-research opened the floor for questions and/or 2009 plan are to: maintain comparable as it does for geo-related research. comments. INTERIM JOINT COMMITTEE benefits for 2009; continue to provide Representative Keene asked if the Chairman Arnold made a motion to ON BANKING AND INSUR- benefits option with $0 contribution energy efficiency methods used in Ken- approve the minutes from the previous ANCE for employees; reduced contribution ton County schools will be used as a meeting. Representative Clark seconded Minutes of the 4th Meeting increases for dependents’, continue to footprint for other schools in the state. the motion and the minutes were ap- of the 2008 Interim provide an unlimited lifetime maximum Dr. Peters replied in the affirmative, add- proved. October 29, 2008 for benefits options; and, begin wellness ing that the model will be expanded to Representative Firkins commended The 4th meeting of the Interim initiatives and improve disease manage- other schools. Dr. Peters for an impressive presenta- Joint Committee on Banking and Insur- ment. Representative Keene asked if there tion, adding that the subject of energy ance was held on Wednesday, October Senator Julian Carroll stated that he has been energy saved from the imple- is a critical area for both the state and 29, 2008, at 10:00 AM, in Room 149 of feels the Personnel Cabinet is doing a su- mentation of a four day work week in the country. the Capitol Annex. Senator Tom Buford, perb job and is very impressed with the some state offices. Dr. Peters replied that, Representative Clark suggested Chair, called the meeting to order, and wellness program. since the four day work week is only an that the Cabinet prepare a package to the secretary called the roll. Deputy Secretary Longmeyer stated option and not mandatory, there are no bring before the General Assembly in the Present were: that the wellness program is voluntary at statistics to show if energy is saved or upcoming session to provide the tools Members: Senator Tom Buford, Co- this time. But he hopes many employees not. to aid in the further research and imple- Chair; Representative Tommy Thompson, will utilize the program. Chairman Arnold asked how the mentation of energy incentives. He added Co-Chair; Senators Julian M. Carroll, Julie Senator Tom Buford asked how state is working with other coal produc- thanks for the work the Cabinet is doing Denton, Ernie Harris, Dick Roeding, Dan much the state pays Express Scripts to ing states to encourage and educate the in this area. Dr. Peters replied that the Seum and; Representatives Sheldon E. be the third-party pharmacy benefit ad- federal government regarding the impor- Cabinet is working with the Governor’s Baugh, Johnny Bell, James R. Comer Jr., ministrator. tance of using coal energy. Dr. Peters re- Office to prepare a legislative agenda, Will Coursey, Ron Crimm, Mike Denham, Commissioner Fred Nelson stated plied that the Cabinet is working closely adding that the state cannot wait until Ted Edmonds, Tim Firkins, Danny Ford, that they did not have that information with the Kentucky delegation to get ad- 2010 to act on these issues. Jim Gooch Jr., Jeff Greer, Mike Harmon, with them and would get that informa- ditional testimony on the federal level to Chairman Arnold asked Dr. Peters Dennis Horlander, Dennis Keene, Adam tion back to the committee. show that coal energy is cleaner and bet- to explain the process of growing algae Koenig, Rick Rand, Steve Riggs, Arnold Dr. Susan Zepeda, Executive Direc- ter for the country, adding that the focus to produce fuel. Dr. Peters explained that Simpson, John Tilley, Ken Upchurch and tor, Foundation for a Healthy Kentucky, is to bring attention to coal energy on a certain types of algae contain up to 60% Susan Westrom. gave the committee an overview of the national level. of its weight in oil that can be used to Guests: Fred Nelson, Commis- foundation and the programs and grants Chairman Arnold thanked Dr. Pe- create biodiesel fuel. The production of sioner, Tim Longmeyer, Deputy Commis- they administer as well as numerous ters for appearing before the committee algae on a commercial scale requires the sioner, and Joe Cowles, General Counsel, polls they have conducted regarding and there being no further business, ad- development of a photoreactor to create Personnel Cabinet; Dr. Susan Zepeda, insurance status, Medicaid, access to journed the meeting at 11:05 A.M. “vertical ponds.” The Cabinet has an in- Executive Director, Foundation for a healthcare, and quality of healthcare.

THE KENTUCKY GENERAL ASSEMBLY 11 Senator Julian Carroll stated that the 13-building, 2.2 million square foot support through expanding venture and of 230,000 square feet of additional he was glad to have this information and facility sits on 291 acres, with approxi- angel capital, creating clusters to retain space is underway. Coldstream is funded was impressed with the programs and mately 274 acres available for future us- and attract the best workers, promot- through private investors and develop- surveys the foundation conducts. age. Formerly an army depot, the facility ing technology start-ups and supporting ers. The ultimate goal is to obtain fund- The meeting adjourned at 11:45 was turned over to the Commonwealth UK’s Entrepreneurs’ Club. The partner- ing through the private sector and avoid a.m.. in 1994 and re-named Bluegrass Station. ship also focuses on business recruit- using university funds. This year, the final deed relinquishing all ment through select trade shows, direct Anthony Wright said Lexington/ INTERIM JOINT COMMITTEE buildings and land to the state will be re- mail, and advertising. Emphasis is placed Fayette County Economic Development ON corded. The facility is self-funded by ten- on strategic economic development Office understands that speed to market ECONOMIC DEVELOPMENT ants and receives no state funds. Eighty partnerships and marketing Blue Grass is important and this is accomplished AND TOURISM percent of the facility is occupied by gov- Business Park. He said the Cabinet for through working with the BBDP and the Minutes of the 5th Meeting ernment agencies. BGS leases to 27 com- Economic Development is also an instru- Chamber to serve clients. of the 2008 Interim mercial and eight residential tenants, mental partner. Representative Moore asked if com- October 23, 2008 with three anchor tenants generating 80 Mr. Quick said the BBDP targets panies reimburse the universities for The 5th meeting of the Interim Joint percent of the revenue. The occupancy university alumni networks, automo- R&D costs. Mr. Heller said there are con- Committee on Economic Development rate is 130 percent with BGS leasing off- tive parts suppliers, high-tech manu- tractual agreements. Mr. Quick added and Tourism was held on Thursday, Oc- site space to meet demands. MG Collins facturing, technology-based businesses, that the University of Kentucky is known tober 23, 2008, at 9:00 AM, at Bluegrass said there are 2,040 tenant jobs with an equine associations, biotech and phar- worldwide for their quality and extensive Station, Lexington. Senator Alice Forgy annual payroll of $102 million. maceutical companies. Mr. Quick noted research. Kerr, Chair, called the meeting to order, MG Collins said BGS recently in- that in fiscal year 2007-2008, 932 clients A motion was made and seconded and the secretary called the roll. vested $11 million in new hangers. He were served, $49,050,000 was received to adjourn, and the meeting concluded Present were: noted that the original infrastructure is in funding with $25,000,000 in capital at 10:30 a.m. Members: Senator Alice Forgy Kerr, aging and must be replaced. State guar- investments, 730 jobs were created, and Co-Chair; Representative Eddie Ballard, anteed infrastructure bonds of $4.4 mil- 2,840 attended conferences. Co-Chair; Senators Julie Denton, De- lion were issued for this purpose. MG Len Heller, Vice President, Com- INTERIM JOINT COMMITTEE nise Harper Angel, and Gary Tapp; Rep- Collins noted that any capital construc- mercialization and Economic Develop- ON resentatives Royce W. Adams, Kevin D. tion projects over $600,000 are overseen ment, University of Kentucky, provided ECONOMIC DEVELOPMENT Bratcher, Larry Clark, Will Coursey, Mike by the state. He explained that current an overview of the process of intellectual AND TOURISM Denham, Ted Edmonds, Jim Gooch Jr., challenges facing BGS include increasing property development. He explained that Minutes of the 6th Meeting Keith Hall, Mike Harmon, Melvin B. Hen- facility size for customers to avoid off- Dr. Lee Todd’s vision for UK is moving of the 2008 Interim ley, Dennis Horlander, Joni L. Jenkins, site leasing, improving security, repair research to the marketplace which, in re- November 20, 2008 Dennis Keene, Thomas Kerr, Adam Koe- and renovation of roofs, bringing sprin- turn, will drive statewide economic de- The 6th meeting of the Interim Joint nig, Brad Montell, Tim Moore, Ruth Ann kler systems up to code, completing the velopment. Mr. Heller said the university Committee on Economic Development Palumbo, Don Pasley, Ancel Smith, John infrastructure upgrade, improving energy currently has 300 active patents in areas and Tourism was held on Thursday, No- Will Stacy, Tommy Thompson, Robin L. usage, and creating the Information En- such as drug development and design, vember 20, 2008, at 1:00 PM, in Room Webb, and Alecia Webb-Edgington. terprise for BGS. plant biotechnology, equine health, and 154 of the Capitol Annex. Representa- Guests: Major General Stephen Next, Bob Quick, President and CEO medicine. Mr. Heller said that the highly tive Eddie Ballard, Chair, called the meet- Collins (Retired), Director, Bluegrass Sta- of Commerce Lexington, Inc., Len Heller, successful state SBIR/STTR program, ing to order, and the secretary called the tion; Roger Fries, President and Chief Vice President, Commercialization and which provides funding matches for the roll. Executive Officer, Kentucky Employers’ Economic Development, University of commercialization of scientific projects Present were: Mutual Insurance Authority; Bob Quick, Kentucky, and Anthony Wright, Eco- that come from UK, has already depleted Members: Representative Eddie President and Chief Executive Officer, nomic Development Officer, Lexington its funds for the current fiscal year. Ballard, Co-Chair; Senators Julie Den- Commerce Lexington, Inc.; Len Heller, Fayette Urban County Government dis- Mr. Heller stressed the importance ton, Denise Harper Angel, Richie Sand- Vice President, Commercialization and cussed the Bluegrass Business Develop- of venture capital in growing and keeping ers Jr, Katie Stine, Gary Tapp, and Jack Economic Development, University of ment Partnership. Mr. Quick announced jobs in Kentucky. He said venture capital Westwood; Representatives Kevin D. Kentucky; Anthony Wright, Economic that the group recently received an firms in other states, including Califor- Bratcher, Larry Clark, Leslie Combs, Jes- Development Officer, Lexington/Fayette award for “Partnership of the Year” from nia and New York, seek potentially suc- se Crenshaw, Jim DeCesare, Mike Den- Urban County Government; and Tony the International Economic Development cessful start-ups here, invest millions, ham, Bob M. DeWeese, Myron Dossett, DeName, Director, Division of Unem- Council. and then move them out of state. He Keith Hall, Mike Harmon, Dennis Keene, ployment Insurance. Mr. Quick explained that although explained that the BBDP links central Thomas Kerr, Tom McKee, Brad Montell, LRC Staff: John Buckner, Com- most economic development efforts pre- venture capital funds and large funds on Fred Nesler, David Osborne, Don Pas- mittee Staff Administrator; Karen Arm- viously were funded primarily by the pri- the east and west coast. ley, Ancel Smith, John Will Stacy, Alecia strong-Cummings; Louis Pierce; and vate sector, in 2008, the city increased Mr. Heller explained the history of Webb-Edgington, Ron Weston, and Ad- Dawn Johnson. funding efforts dramatically. Mr. Quick venture capital and angel investment. dia Wuchner. A quorum being present, the meet- provided an overview of the partner- He said angel investors are private inves- Guests: Commissioner George Bur- ing was called to order. A motion and ship. He said that it is a one-stop source tors who look at all types of promising gess, Department for Existing Business second by Representative Palumbo and for business and financial plans, loan ventures for investment opportunities. Development, Cabinet for Economic Representative Harmon to approve the program and tax incentive information, Because angel investors and venture Development; Janey Moores, President minutes of the September 18, 2008 funding source assistance, access to capital firms provide capital infusion to and Chief Executive Officer, BJM and As- meeting passed by voice vote. service providers (accountants, lawyers, businesses in their earliest inception, sociates, Inc. and President-Elect, Lex- Co-chair Kerr and Co-chair Ballard marketing, public relations, and advertis- they are invaluable in that they provide ington Chapter, National Association thanked all those involved for the use of ing), real estate information, mentoring assistance where traditional lending in- of Women Business Owners; Adrienne Bluegrass Station and welcomed every- and university commercialization oppor- stitutions may be reluctant to do so. Grizzell, President, MANAGEMENT, Inc.; one to the joint meeting of the Interim tunities. For existing business retention Mr. Heller then discussed the grow- and Justin Maxson, President, Mountain Joint Committee on Economic Develop- and expansion, the partnership calls on ing importance of university research to Association for Community Economic ment and Tourism and the Interim Joint 150 businesses annually to foster rela- businesses. He explained that Hewlett- Development. Committee on Labor and Industry. tionships and build trust. Workforce de- Packard recently purchased Extreme LRC Staff: John Buckner, Com- Major General (MG) Stephen Collins velopment initiatives include connecting Software in Coldstream Research Park mittee Staff Administrator; Karen Arm- (Retired), Director of Bluegrass Station, businesses with higher education insti- and has plans to move more staff to the strong-Cummings; Louis Pierce; and welcomed members and provided back- tutions to increase graduate retention in Coldstream location. He explained that Dawn Johnson. ground information on the facility. The the Commonwealth and promoting mi- Coldstream is 80 percent occupied with The Commissioner George Burgess mission of Bluegrass Station (BGS) is to nority business development. Mr. Quick over 50 companies and approximate- of the Department for Existing Business contribute to the socioeconomic impact explained that 60 percent of the group’s ly 1,000 employees. He said 600,000 Development, Cabinet for Economic De- on central Kentucky. Built in the 1940s, efforts are focused on entrepreneurial square feet are leased and construction velopment, began the meeting with an

12 2008 Interim LEGISLATIVE RECORD overview of the department in terms of requirements,” teaching students the FRYSC-BGISD; Frank Rasche, Legislative emy has coined the phrase “Innervation its staffing and mission. The primary fo- importance of business skills and the Liaison, Kentucky Department of Educa- Through Innovation” to describe the cus of the department is to assist small need for a clean criminal record, expand- tion; and Ruth Webb, Deputy Commis- Academy’s goal of providing stimula- businesses by providing customer-driv- ed drug testing, including drug testing sioner, Kentucky Department of Educa- tion to its students so they will achieve en counseling and assistance that will for state employees, a repeal of prevail- tion. a higher level of learning and to bring contribute directly to economic growth ing wage laws, legislation that would LRC Staff: Audrey Carr, Sandy Dea- out their full potential. Mr. Gott said and long-term viability. The department make Kentucky a “right to work” state, ton, Janet Stevens, and Janet Oliver. the Academy’s mission is to provide a provides a variety of services, including a reduction in government spending and Representative Collins asked for residential program for students who “one-stop shopping” for permits and li- a freeze on hiring, using “just in time” approval of the minutes of the Septem- have a desire to excel in math and sci- censes needed by businesses. By pro- temporary employees, and drug testing ber 8, 2008, meeting. Upon motion by ence and pursue careers in the science, viding this service, which is available for welfare recipients. She also said that Senator Winters, seconded by Senator technology, engineering, and mathemat- either on-site at their office or through the state should stop competing with Guthrie, the minutes were approved by ics (STEM) fields. He said in addition to an 800-number, the commissioner said private businesses, and gave examples voice vote. providing a challenging learning envi- that businesses can access all permitting of state-owned marinas competing with Representative Collins recognized ronment for exceptional students, the and license applications at one location, private docks, and universities selling Representative Jody Richards, Speaker of Academy is also an economic develop- be advised on any additional permits or pizzas and providing delivery to dorm the House. Speaker Richards expressed ment tool for Kentucky and serves as a licenses that may be needed, and receive rooms. She said that the general rule his appreciation to the committee for beacon of excellence. Mr. Gott said the counseling and immediate answers to should be that if a service is provided by meeting at Western Kentucky University Academy surrounds the students with any questions that an owner may have a business, then it should not be by gov- and touring the Gatton Academy. He a companionship of peers and encour- regarding these applications. ernment. also thanked Representative Collins for ages creativity, curiosity, reasoning and The department also offers a micro- Finally, Justin Maxson, President of agreeing to preside over the meeting and self-discipline that lead to independent loan program, which is now being oper- the Mountain Association of Communi- acknowledged the great leadership that thought and action. ated through a contract with Community ty Economic Development talked to the Frank Rasche, who was in the audience, Mr. Alderdice said Kentucky is the Ventures, Inc. The department received committee about the structure of the had provided during his tenure as chair 14th state to have a state funded resi- $300,000 for the program through ap- organization and some of its functions, of the House Education Committee. dential program and other cohort insti- propriations, and Community Ventures which includes providing business coun- Speaker Richards thanked President Gary tutions in Texas, Missouri, and Georgia was able to leverage that money to ob- seling and loans to small businesses. Ransdell of Western Kentucky Univer- are located on university campuses. He tain an additional $1.5 million from the To foster small business development, sity for hosting the meeting. said numerous partnerships developed Small Business Administration. Micro he suggested that the role of the Com- Representative Collins asked Sena- on the WKU campus ensure success of loans are offered to small businesses mission on Small Business Advocacy be tor Ken Winters, Co-Chair of the Edu- Academy students, including the Center that have fewer than five employees and expanded and that a study be under- cation Committee, to make brief com- for Gifted Studies, the Honors College, may be for a maximum of $35,000. The taken to examine underserved areas in ments. Senator Winters said he is the Applied Research and Technology commissioner noted that this program Kentucky, expand investment and entre- pleased with the progress being made at Program, and the Ogden College of Sci- is not available in all counties, but that preneurial support, and to better coordi- the Academy and looked forward to the ence and Engineering. He said the Hon- they look forward to expanding it at a nate the provision of services by various tour and meeting with the students from ors College has traditional undergradu- later date. agencies. his district. ate students who act as the Academy A motion and second by Represen- There being no further business, Representative Collins asked the students’ peers to provide academic, tatives Pasley and Hall to approve the the meeting adjourned at 2:30 PM. members to observe a moment of silence social, and emotional support. minutes of the October 23, 2008, meet- in memory and respect of Representa- Mr. Alderdice said that 81 coun- ing passed by voice vote. INTERIM JOINT COMMITTEE tive Larry Belcher who tragically died ties have been represented during the Next, Janey Moores, President and ON EDUCATION in an automobile accident on October first three admission cycles at the Acad- Chief Executive Officer of BJM and As- Minutes of the 5th Meeting 5, 2008. He said that Representative emy and 131 applications were received sociates, Inc. and the president-elect of of the 2008 Interim Belcher had been a dedicated member from 61 counties for the 2010 class of the Lexington chapter of the National October 13, 2008 of the General Assembly and the House which 63 students have been accepted. Association of Women Business Own- The fifth meeting of the Interim Education Committee. He said the 29 male and 34 female stu- ers; and Adrienne Grizzell, President of Joint Committee on Education was held President Ransdell welcomed com- dents accepted for 2010 have an aver- MANAGEMENT, Inc. addressed the com- on Monday, October 13, 2008, at 10:00 mittee members to Western Kentucky age ACT Composite Score of 28.75 with mittee about some of the problems faced AM, CDT, at the Carol Martin Gatton University (WKU). He introduced Tim an average ACT Math of 29.14. He said by small businesses in Kentucky. A slide Academy of Mathematics and Science, Gott, Director of the Gatton Academy the Academy’s core curriculum includes presentation was given and showed that Schneider Hall, Western Kentucky Uni- of Mathematics and Science, and Co- 12 university courses in math and sci- Kentucky has very high workers’ com- versity, Bowling Green, Kentucky. Rep- rey Alderdice, Assistant Director of the ence taught by WKU professors and all pensation rates and is also one of the resentative Hubert Collins presided over Academy. President Ransdell said that students must complete Computational “high tax” states. She also said that the the meeting. He called the meeting to the Academy is named in honor of the Problem Solving, Trigonometry, Calculus alternative minimum tax was particular- order, and the secretary called the roll. C. M. Bill Gatton, a philanthropist who I and II, Biology, Chemistry, Physics, and ly onerous and burdensome, particularly Present were: provided a $4 million gift to be paid over four other science and math electives. to new businesses that have yet to es- Members: Senator Ken Winters, a 10 year period at $400,000 a year in di- He said that the Computational Problem tablish a consistent cash flow. Finally, Co-Chair; Senators Brett Guthrie, Dan rect support of programming for the stu- Solving course was developed specifi- she said that Kentucky is not a “right to Kelly, and Elizabeth Tori; Representa- dents of the Academy. He said the gift cally for Academy students and is based work” state, which means that employ- tives Hubert Collins, Jim DeCesare, Ted complemented the General Assembly’s on real world problem solving strategies ees can be forced to join a union against Edmonds, C. B. Embry Jr., Tim Firkins, Jim appropriation to establish an academy and integrated technology. He said the their will. Because of these and other Glenn, Derrick Graham, Jeff Greer, Jimmy for mathematics and science in Ken- students must also take any additional factors, Kentucky’s “curb appeal” for Higdon, Charles Miller, Harry Moberly Jr., tucky which could provide an oppor- courses they may need to meet all pre- start-up firms is very low–the combina- Tom Riner, Carl Rollins II, Charles Siler, tunity for gifted and talented students college requirements. tion of high workers’ compensation and Dottie Sims, Alecia Webb-Edgington, to accelerate their education in a chal- Mr. Gott said one of the most excit- health insurance rates, high state taxes and Addia Wuchner. lenging learning environment. President ing components offered to the students and the alternative minimum tax, and Guests: Representative Jody Rich- Ransdell said the Academy is also part of is research available through the Ogden a poorly educated work force results in ards, Speaker of the House; Jonathan WKU’s economic development strategy College of Science and Engineering in Kentucky being the 46th worst state in Lowe, LRC Budget Review Office; Kelly which is already producing dividends. such fields as physics, chemistry, biol- which to do business. Jenkins, Family Resources and Youth Ser- Committee members were provided ogy, geology, architecture, meteorology, She stated that a better work force vices Coalition of Kentucky (FRYSCKy); a folder of information regarding the Gat- and agriculture, including cutting edge was needed, and to do so she recom- Shannon Morgan, General Counsel, Edu- ton Academy that included the Power- work being done in new alternative fuels, mended a repeal of the alternative cation and Workforce Development Cabi- Point presentation used by Mr. Gott and cancer research, origins of the universe, minimum tax, more incentives to help net; Wilson Sears, Kentucky Association Mr. Alderdice to discuss the Academy. and other projects. He said some Acad- businesses, a reduction in “paperwork of School Superintendents; Linda Krutza, Mr. Gott explained that the Acad- emy students have already presented

THE KENTUCKY GENERAL ASSEMBLY 13 at national conferences, published re- French, German, Chinese, or Japanese, a WKU alumnus and is very impressed provides residential counselors, aca- search with professors, and won honors and they also may take Arabic, Greek, with the tremendous improvements that demic counselors, and a coordinator for on campus in undergraduate research and Hebrew. have occurred under President Ransdell’s research and internships, all of whom symposiums. As an example, students Senator Guthrie asked the commit- leadership. He said he believes it is im- monitor student activity. He said that presented at the Gerontology National tee to applaud Dr. Julia Roberts, Direc- portant to provide special programs for each student is also required to carry a Convention in Atlanta and one student tor, Center for Gifted Studies, Western the gifted and talented. Representa- student identity card which also serves was selected for one of 75 slots at Mas- Kentucky University, on her vision for tive Miller asked why so many counties as a security key that must be scanned sachusetts Institute of Technology (MIT) the Academy and perseverance in its have no representation at the Academy, for entry into dormitory halls and rooms as a junior to do particular research for creation. He said that the facilities have in particular his district, where there and the Academy building enabling fac- the Department of Defense resulting in been greatly improved to accommodate are many gifted students; and he asked ulty and staff to monitor student activ- a published work. He said MIT is now the Academy and the Academy has ex- how students are selected to attend the ity. actively recruiting Gatton Academy stu- cellent staff. Senator Guthrie asked how program. Mr. Alderdice said many dis- Senator Kelly asked how many col- dents. the 16 and 17 year old students interact tricts, including Jefferson County, have lege credits a student will earn while in Mr. Gott said that Academy stu- socially with college students and what excellent programs for gifted students, the program and Mr. Gott responded that dents also have a balanced living and oversight is provided. Mr. Gott respond- and the students who seem most eager on average at least 60 college credits. learning environment and have partici- ed that they seem to easily acclimate to attend the Academy are those who Representative Moberly asked what pated in many extra-curricular activities, to the environment and residential staff do not have those same opportunities. percentage of classes the students take such as YMCA, student government, provides oversight. Representative Miller asked if school with other college students. Mr. Gott Kentucky United Nations Assembly Representative DeCesare welcomed counselors have been informed about the said that 30% of the classes are just (KUNA), and Kentucky Youth Assembly the committee members to Warren Academy. Mr. Alderdice said they work Gatton Academy students and the re- (KYA); and students have logged 2871 County and said that Dr. Roberts and with various school personnel including mainder of their classes is with students hours of community service. Speaker Richards were instrumental in counselors, math teachers, and others from the Honors College and the gen- Mr. Alderdice explained that stu- spearheading the Academy effort. He and they also do direct mailings to over eral population. Representative Moberly dents are admitted through a competi- said the Academy is not only having a 7500 students. He said the Academy is asked if students are allowed visitation tive admissions process and the appli- positive impact on WKU but also on also represented at various professional between the two wings during the day cation includes high school transcripts, Warren County and the entire state. He conferences for school personnel to pub- at any time. Mr. Gott responded that ACT or SAT scores, letters of recom- asked Speaker Richards if he could give a licize the program. Representative Miller male and females are not allowed to mendation, and personal interviews. He brief history of the development of the asked if at least a majority of the high enter each other’s respective dormitory said the applications are reviewed and Academy. schools in Kentucky are familiar with areas although there are common areas approximately 100 students are invited Speaker Richards said that he the program. Mr. Alderdice said greater where students may interact as a gen- to campus in the spring to interview for learned of similar efforts after attend- effort is now being made, especially in eral population. Representative Moberly the program and that 60 students are se- ing a Southern Regional Educational Eastern Kentucky where there is a lower asked what tuition or fees are paid by lected each year. He said the Academy Board meeting more than ten years ago density of population, to publicize the the student. Mr. Gott said that tuition, conducts information sessions through- and that he and Dr. Roberts began dis- program. Representative Miller asked room, and board are paid through a state out the state to publicize the tremen- cussions about the benefits such an in- if county representation is a criterion appropriation and the students pay for dous opportunity the Academy provides stitution would bring to Kentucky, but when all other criteria is equal to which their books, course fees, labs, and in- for gifted students. the idea really took hold when President Mr. Gott responded that geographical cidentals. He said some of the home Mr. Gott said that 54 students grad- Ransdell came to the university. He said diversity would be taken into consider- school districts help pay the book fees uated in the inaugural Class of 2008 and numerous legislators, educators, and ation. Dr. Ransdell said that the number with the student’s SEEK funding because those students accepted $2.6 million in citizens across the state also assisted in of students accepted into the Academy the student is jointly enrolled in the scholarships and six were National Merit the effort. Speaker Richards asked Mr. is limited by facility space, which cur- home county school and the Academy, finalists. He said 25 of the 54 have con- Gott if he would inform the members of rently is 120 beds. He said Schneider although it is not a requirement. Repre- tinued their undergraduate studies at the impressive research efforts in which Hall was built in 1926 and that approxi- sentative Moberly asked if all the classes Western Kentucky University, 12 are at- the students are involved. Mr. Gott said mately $10 million in renovation was are taught by WKU faculty and Mr. Gott tending the University of Kentucky, 5 are that two students are working with sci- required with half the funding from a responded yes. attending the University of Louisville, 3 entists in the Astronomy Department state appropriation and half from WKU’s Representative Collins said that his are attending Centre College, one is at- studying star fields; one student is re- budget. He said only the existing facil- home district of Johnson County has tending Northern Kentucky University, searching metal diffusion and his work ity was renovated and it is hoped in the many outstanding academic teams al- and the remaining students are attend- will be submitted to Siemans Westing- future that new construction wings may though no one from that county is en- ing out-of-state universities. house competition in early Spring; one be added to increase capacity by 80 beds rolled and he hopes they will be repre- Mr. Gott said that Academy stu- student is working with scientists in the to 200, if the Academy continues to sented in the future at the Academy. dents have an average composite ACT Chemistry Department on how to make prove successful. Senator Winters asked about Su- of 28.3 compared to a state average of semi-conductors work more efficiently; Representative Graham asked what per Saturday activities. Dr. Roberts said 18.3; and their CATS scores are also con- two students are working with bovine a typical day would be for a student at Super Saturday activities were initiated siderably higher than the state average. eye cells to find ways to cause those to the Academy, if the student takes a col- during the inaugural pre-season as a Representative Collins asked how heal faster using certain chemicals; and lege equivalent of classes, and how many means to disseminate information about many students are accepted. Mr. Gott one student studying raccoon feces has credits a student typically earns. Mr. the program. She said that although the replied that the 2008 class was com- found that a specific parasite is prevalent Gott said that curriculum information geographic home of a student is consid- prised of 55 seniors and 65 juniors and in the region which may lead to health is provided on Pages 10 and 11 of the ered, the most important requirement that 54 of the 55 seniors graduated. issues and will assist with prevention of brochure given to committee members. is for the student to have the qualities Representative Collins asked about the certain diseases in the area. He said a typical student takes approxi- necessary to ensure success at the Acad- timeframe for submission of the ap- Representative DeCesare asked if mately 16 hours each semester and must emy. Senator Winters said he would plication and when it is accepted. Mr. any of the Academy students had par- take other required courses to complete never want an unqualified applicant ac- Alderdice responded that students apply ticipated in the Super Saturday program high school and pre-college curriculum. cepted in the program but he said it is in their sophomore year with a postmark to which Mr. Alderdice replied that in the He said the Academy provides residen- fair that when there are more than suffi- deadline of February 13; the interviews first group of 120 students in the inaugu- tial staff to coordinate student activities; cient qualified applicants location should are conducted in early March; and stu- ral class at the Academy 30 students had first year students have a required two enter into the criteria for acceptance. dents are notified in late April of their either participated in Super Saturdays or hour study time each weekday evening; Representative Collins recessed the sophomore if they have been accepted to other programs offered by the Center for and all students have a 10:30 PM curfew meeting at 11:15 AM for a tour of the fa- the program. Gifted Studies. He said that KDE also al- Sunday-Thursday and a midnight curfew cilities and lunch with the students. The Senator Kelly asked what foreign located funds to assist the Academy in on Friday and Saturday. Representative meeting reconvened at 1:00 PM. language opportunities are available for publicizing its program to an underrep- Graham asked how a student’s social in- Mr. Gott introduced the following the students. Mr. Gott responded that resented population of students. teraction with college students is moni- students: Ellen Boswell from Henderson current students are taking Spanish, Representative Miller said that he is tored. Mr. Gott said that the Academy County, an Academy graduate currently

14 2008 Interim LEGISLATIVE RECORD enrolled at Western Kentucky Univer- and therefore she was able to graduate along the I-65 corridor has been impor- gineering and mathematics (STEM) dis- sity; Matthew Kirk, an Academy senior with her home high school class and also tant in the growth of enrollment and the ciplines and provided information on from Ohio County; and Manuel Cortez, from the Academy and she has a diploma strong economy and a good partnership the various degree programs offered at an Academy junior from Graves County. from both. with city and county government have WKU, including Baccalaureate programs Mr. Cortez said he heard about Representative Graham asked if the also been factors. He said that Master in electrical, mechanical and civil en- the Academy from his school guidance dual enrollment situation has changed. and Specialist degrees have increased gineering, which have had a significant counselor and obtained more informa- Mr. Gott said that school districts still by 58% since 1997. President Rans- impact on economic development in the tion from an informational session held have the option to allow a student to dell provided information on retention area. He said the second largest Major at his high school. He said that the cur- have dual enrollment but it will no lon- and graduation statistics showing the degree program at Western is nursing. riculum is very rigorous but the Acade- ger be a requirement. He said several rate has remained constant since 1997 President Ransdell said 4,159 STEM Ma- my does offer services of tutors to assist Academy students were home schooled at 72%, although the percentage is of jor degrees were earned in 2008, and them. He said he was at the top of his or in parochial schools and those stu- a much larger enrollment today than in the number of first year students seek- class in Graves County but the courses dents will only receive an Academy cer- 1997 and is consistent with the national ing STEM majors has doubled since 1997 offered there were extremely easy and tificate. Representative Graham said he average; and the six-year graduation rate and the number of degrees by residency he welcomed the challenge of more rig- hopes that all districts will provide the has increased by 10 percentage points has increased 33%. orous classes and the opportunity to be option for students to remain connected since 1997 to 49.1%. President Ransdell said WKU has surrounded by other students who also to their home schools. Mr. Gott said that President Ransdell said the univer- been very aggressive in having its stu- have a desire to excel. all districts represented at the Academy sity has instituted several initiatives to dents pursue major national and inter- Mr. Kirk, a second year student at have been supportive of the program. improve retention and graduation rates national scholarships providing as an ex- the Academy, said his transition to the Senator Guthrie said that legisla- and discussed three in particular: the ample that four students have received Academy was initially difficult. He said tion was passed that allowed the CATS University Experience course designed the highly competitive Barry M. Gold- that his high school classes had been scores of the students attending the for freshmen to orient them to the uni- water scholarships in the last two years, so easy for him that he had not devel- Academy to be reflected in the school versity experience with focus on study 20 students were accepted to medical oped good study habits and was lack- district’s scores. Dr. Roberts said one of habits, time management, financial school last year, 8 were accepted to den- ing in self-discipline and time manage- the benefits to the home district is the management, social relationships, etc., tal school, and 26 students are now at- ment skills. He said the challenges have CATS scores and the district also gets to the four-day MASTER plan program that tending pharmacy school. He said that caused him to grow overall into a better claim the honors, such as scholarships all incoming students may take to help WKU students are generally the largest student and person. He said one signifi- awarded to Academy students. them form an identity and focus toward number accepted at the 35 slots allotted cant difference is that high school teach- Senator Winters and Representative graduation in a given year, prior to arrival for Kentucky at Auburn University for ers are readily available to assist and are Collins thanked the students for their of upper classmen; and Living/Learning veterinary school. concerned about a student’s test scores presentations and encouraged them to communities and the Gateway Program President Ransdell also discussed but at the Academy a student must seek pursue their promising futures. provided in the residence halls that are the Southern Kentucky (SKy) Teach Pro- out college professors for assistance. Mr. Representative Collins asked Presi- dedicated to specific disciplines, i.e., gram, explaining that it is a dimension of Kirk said he currently plans to remain at dent Ransdell to give his presentation. nursing students live on a floor of a cer- the University of Texas, Austin (UTeach) WKU to pursue a master’s degree in bi- A copy of the PowerPoint presentation tain residence hall and their faculty are program. He said WKU is one of only ology and then apply for medical school used by President Ransdell was provided engaged with them in that living/learn- 12 institutions to receive a $2.5 mil- at the University of Louisville. He said to each committee member. ing community. President Ransdell said lion grant from Exxon Mobil Foundation there is only one physician in his home Presidential Ransdell provided in- Western also has a Student Success to fund the program designed to train county who is nearing retirement and he formation on WKU enrollment and said Center to provide undergraduate advise- teachers in STEM disciplines and place hopes to return there to practice medi- that, since the passage of House Bill 1 in ment functions, such as peer tutoring, them in public schools. cine. 1997, WKU has been the fastest grow- career planning and placement offices, President Ransdell said WKU’s Ap- Ms. Boswell said that attending the ing university in Kentucky. He said the to help students graduate in a timely plied Research and Technology Program Academy helped her discover her own average ACT score for incoming freshmen manner. He said the Alice Rowe Learn- is another important economic develop- strengths and weaknesses, in which sit- is 22 and the average high school GPA ing Assistance Center located at Bowling ment strategy and committee members uations she can be a leader, and how to is 3.2, so they continue to attract Ken- Green Community College also teaches were provided a brochure explaining study for tests. She said she has gained tucky’s best and brightest students. He students study skills, provides work- the program. He said funding provided quality research skills that will help in said that WKU has experienced a 34% shops on special topics, and has a pro- by the legislature was used to convert completing a thesis and possibly pursu- growth in enrollment since 1997 and has gram for at-risk students. He said the a vacant shopping mall close to the ing a doctorate degree, although she has a current enrollment of 19,555. He said community college in Bowling Green has south campus community college into not yet chosen a career field. Ms. Bo- WKU and all the other state universities over 2,000 students enrolled and houses the Center for Research and Develop- swell said she is on an excellent scholar- and colleges are dedicated to higher edu- most of the associate degree programs ment that houses the Applied Physics ship and remained at WKU because all cation reform and achieving the “Double and is the location of students who wish Institute, the Institute for Combustion of her credit hours count toward the de- the Numbers” goal. to enroll at WKU but have not yet met Science and Environmental Technology, gree she is pursuing in math and because President Ransdell provided infor- admission standards. He said the com- and Materials Characterization Center, of the abundant research opportunities mation on the number of applications munity college is under the university’s resulting in the creation of 20 compa- available at the university. She related received, actual enrollments, and the accreditation. nies, such as Northwest Nuclear and she is actively involved in extracurricular number of students from underserved President Ransdell said that the Electronic Warfare Associates, employ- activities, such as the Baptist Campus counties showing an upward trend in all number of freshmen needing develop- ing 591 highly paid employees with an Ministry of which she is a member of the categories, even though tuition has con- mental education is still significant al- annual payroll of nearly $7 million dol- leadership council. tinued to increase. He said, in an effort though the percentage has shown some lars, and that large companies are grow- Representative Glenn asked if the to offset increased tuition, the state is decline. He said WKU has been working ing out of the satellite companies at the Academy has an ambassador program assisting with financial aid and the state with the Kentucky Community and Tech- Center. He said the original $2 million that allows students to speak with along with WKU is provided merit based nical College System (KCTCS) on core dollar investment made several years ago freshmen and sophomores throughout scholarships. President Ransdell related curriculum credits although the number has returned many times that amount to the state to give them incentives to im- that Kentucky’s tuition is in the median of transfer students has declined some- the region’s economy. prove test scores and academics so they of surrounding states and it is important what because many students enroll in President Ransdell provided infor- may apply to the Academy. Mr. Kirk re- that they receive consistent state fund- community colleges just to obtain an as- mation on student financial assistance, sponded that the Academy does have a ing to maintain a reasonable tuition, sociate degree. He said most of WKU’s stating that an exceedingly large number program and he personally serves as an which is currently $3,465. transfers come from Owensboro and of WKU students receive financial aid Academy ambassador. Representative President Ransdell said that the Elizabethtown because of dual enroll- of one form or another, with the largest Glenn asked if the graduation certificate number of Baccalaureate degrees has in- ment/dual credit curriculum with those percentage being student loans. He said or diploma is from the Academy or a stu- creased 39% since 1997 with 2,391 de- community colleges. loans are a cause for concern although a dent’s home high school. Ms. Boswell grees awarded in 2008, the second high- President Ransdell said that WKU home mortgage and college loan may be said that she had been dually enrolled est in Kentucky. He said WKU’s location is focusing on science, technology, en- the most important loans an individual

THE KENTUCKY GENERAL ASSEMBLY 15 or family will ever undertake. He said one from the College of Science and En- commute. He said the extended cam- demonstrated their leadership abilities that a combination of merit-based aid by gineering or Business or Education and a puses also offer excellent programs and in the classroom and prepares them to universities and need-based aid by state degree from the Honors College. online classes and every aspect is impor- be leaders of leaders in their schools. funding warrants more discussion in the President Ransdell said the Doctoral tant in achieving “Double the Numbers” Representative Miller moved for approval future. program in education was created in the goals. Representative Moberly asked if of the regulation. Representative Embry President Ransdell discussed the summer which offers a Doctoral Degree the enrollment at the extended cam- seconded the motion and the motion Council on Postsecondary Education’s in Education Leadership and consist of puses is continuing to rise. President was approved by voice vote. (CPE) Kentucky Project Graduate pro- four strands: one for P-12 administrative Ransdell said it is increasing, especially Representative Collins thanked gram aimed at former students who have leadership; one for teacher leader; one at the Elizabethtown campus, but not as President Ransdell, Dr. Roberts, Mr. Gott 90 plus hours but have not yet received for postsecondary leadership; and one rapidly as on the main campus. He said and Mr. Alderdice for excellent presenta- a degree. He said WKU created its own for organizational leadership. enrollment at the Glasgow campus is at tions and informative tours. version and has begun to make signifi- President Ransdell said he greatly capacity because of insufficient facility Representative Collins said the next cant progress even though the project appreciated the opportunity to share space and he will be requesting funding meeting of the committee will be No- is only a year old. He said more than information and data with the commit- for facilities at Glasgow. vember 17th in Frankfort with subcom- 1,800 former WKU students have been tee members. He said he was extremely Speaker Richards asked about mittees meeting at 10:00 AM and the contacted, of which 800 have requested proud of having been selected as presi- growth at the Owensboro campus. Pres- full committee meeting at 1:00 PM. more information and 61 are now en- dent of Western Kentucky University ident Ransdell responded that it is antic- There being no further business to rolled. and related that he attended Jefferson ipated that Owensboro enrollment will discuss, the meeting adjourned at 2:40 President Ransdell said that the County Public Schools and Western increase to meet economic development PM. Division of Extended Learning and Out- is his alma mater. He said his roots in needs in Daviess County, although data reach is the umbrella for WKU’s regional Kentucky instill in him the passion and from the 2000-2005 census shows that campuses in Owensboro, Elizabethtown personal resolve to ensure ongoing suc- Daviess County lost nearly 1,000 Bac- and Glasgow with a total enrollment of cess and accountability for WKU. He calaureate and Graduate degree holders INTERIM JOINT COMMITTEE 4,244, representing a 50% increase in said the governing board is also very fo- while several other counties grew dra- ON EDUCATION enrollment since 2001. He said WKU cused on the transformation of Western matically in the same degree holders. He Minutes of the 6th Meeting also offers nearly 30 Majors completely to national prominence as evidenced by said the census data has been one of the of the 2008 Interim online and has approximately 2,000 stu- the many banners around campus that reasons the Daviess County government November 17, 2008 dents currently taking online classes. He read, “A Leading American University is investing in the community campus. The sixth meeting of the Interim said online programs will never be the with International Reach.” He said prog- Representative Moberly asked if Joint Committee on Education was held panacea to solve all of the learning is- ress is being made even during difficult WKU has full-time faculty at the ex- on Monday, November 17, 2008, at 1:00 sues and will never be the primary means economic times with an ongoing effort tension campuses. President Ransdell PM, in Room 149 of the Capitol Annex. by which a WKU learning experience is to keep morale of faculty high without said there are full time faculty, mostly in Senator Vernie McGaha, Presiding Co- delivered but it is an important delivery significant increases in salary. President Glasgow and to a lesser extent in Owens- Chair, called the meeting to order, and method for many students who can only Randall thanked the committee for their boro and Elizabethtown. Representative the secretary called the roll. access WKU online and some full-time continuing support and investment in Moberly asked what WKU’s program of Present were: students on campus also access some higher education. distinction is. President Ransdell replied Members: Senator Vernie McGaha, online courses. Representative Moberly asked if he it is the Applied Research and Technol- Co-Chair; Alice Forgy Kerr, Gerald A. President Ransdell said the Glasgow understood correctly that WKU now ogy Program in the life and physical sci- Neal, R.J. Palmer II, Tim Shaughnessy, campus has the largest enrollment and is has 30 majors completely available on- ences, although the School of Journalism Johnny Ray Turner, and Jack Westwood; currently using modular units to house line. President Ransdell said it is in the and Broadcasting has been ranked num- Representatives Mike Cherry, Hubert classes because of lack of space. He said 28 to 30 range and that WKU has the ber one in American Higher Education Collins, Jim DeCesare, Ted Edmonds, C. the Elizabethtown/Radcliff/Ft. Knox Re- largest number of online enrollments three times since 2000. Representative B. Embry Jr., Bill Farmer, Tim Firkins, Jim gional Campus has over a 1,000 enroll- and number of students enrolled in an Moberly asked if the second program Glenn, Derrick Graham, Jeff Greer, Jimmy ments and that WKU is using its own online context among the eight universi- had to be approved by CPE and President Higdon, Charles Miller, Harry Moberly funds for construction, renovation, and ties. Representative Moberly asked if the Ransdell responded that it did require Jr., Marie Rader, Tom Riner, Carl Roll- equipment at this campus primarily to online numbers are reflected in the total approval. ins II, Charles Siler, Dottie Sims, Alecia accommodate an influx of relocated em- enrollment to which President Ransdell Representative Moberly thanked Webb-Edgington, Ron Weston, and Ad- ployees and to provide training for local replied yes. Representative Moberly President Ransdell and said that his re- dia Wuchner. residents in jobs associated with Base asked how many students are just en- cord at WKU is extremely impressive. Guests: R. Larry Taylor, Leah El- Realignment and Closing (BRAC) demo- rolled online and President Ransdell said Representative Collins asked Dr. lis, Ray Corns, Michael Miller, and Frank graphics at Ft. Knox. President Ransdell it is in the 2,000 range and most of those Philip Rogers, Executive Director, Educa- Rasche, Kentucky Department of Educa- said the Owensboro campus also has are on the extended campuses. Repre- tion Professional Standards Board (EPSB), tion; Adrienne Gilbert, citizen; Rhonda over a 1,000 enrollments and is impor- sentative Moberly asked what incentives to discuss Regulation 16 KAR 3:050, Caldwell, Kentucky Association of School tant to the economic development of are provided to faculty to produce online Professional certificate for instructional Administrators; Cindy Heine, Prichard Owensboro. He said that the Daviess courses. President Ransdell said online leadership – school principal, all grades. Committee for Academic Excellence. County Fiscal Court is actually investing courses are not inexpensive and that on- Dr. Rogers said that, in 2006, the Gen- LRC Staff: Audrey Carr, Janet Ste- in a building that will be leased to WKU line enrollment tuition is approximately eral Assembly passed House Joint Reso- vens, and Lisa Moore. to allow the university services to grow 20% higher than traditional courses and lution 14, creating a task force that was Senator McGaha asked for approval in partnership with Owensboro Commu- the additional revenue generated goes co-chaired by the executive director of of the minutes of the October 13, 2008, nity and Technical College. back into both the technology and to the EPSB, the commissioner of education, meeting. Upon a motion by Represen- President Ransdell said WKU is faculty who deliver the courses. He said and the president of the Council on Post- tative Sims, seconded by Representa- pleased with the investment being made online courses generally require a heavy secondary Education. He said the task tive Siler, the minutes were approved by in gifted students by funding of the Gat- workload by the faculty member because force convened in August 2006 with 30 voice vote. ton Academy. He said that WKU has a student taking an online course typi- members and presented its findings in a Representative Edmonds briefed created a new three year scholarship cally has more interaction with their pro- report to EPSB in October 2007. He said the committee on the meeting of the which Academy students can apply for fessors than they would in a traditional the findings were presented to the Inter- Subcommittee on Elementary and Sec- to fund a Baccalaureate degree, a Mas- classroom format. President Ransdell im Joint Committee on Education on No- ondary Education. He said the subcom- ter’s degree, have a semester abroad, and said that personally he believes that the vember 5, 2007, and was translated into mittee met and heard discussion related an undergraduate research stipend. He hallmark of the WKU experience will al- regulatory language by EPSB in January to the extended school services program, said the WKU Board took action in 1997 ways be the human exchange of ideas 2008. He said the regulation essentially commonly known as ESS. He said every to create the only independent Honors and ideals and WKU will never become provides for the redesign of the princi- school district is provided funding to op- College on a public university campus in a predominantly online institution. He pal preparation program with very clear erate an ESS program for students who Kentucky where a student can actually said the main campus has 4,996 beds in regulatory language with the purpose of are having academic problems in one or come to WKU and have a dual degree, the residential halls, but most students producing principals who have already more of their core classes. The ESS pro-

16 2008 Interim LEGISLATIVE RECORD gram allows struggling students to be ganization of university administrative students in seven content areas. The score higher than males and African- given extra instructional time outside functions eliminating or combining roles nonacademic indexes in CATS includes American and Hispanic students score their regular class time. and functions; delaying the addition of attendance, graduation rates, including the lowest in the academic index. She Representative Edmonds said that planned new programs and courses; and retention and dropouts, and transition noted that the KDE will continue to work in December 2006, a research agenda restrictions on staff travel and confer- to adult life. The ACT high school index to close the achievement gaps in the test was approved for the Office of Educa- ence attendance. also requires administering the PLAN in scores among these different sub-groups tion Accountability (OEA) that includ- Representative Rollins explained the grade 10 and the ACT in grade 11 for all of students. ed a review of the state’s ESS program. options that some universities are imple- students with each accounting for 2.5 Ms. Sims said other items in the While OEA staff observed a number of menting to offset the current financial percent in the accountability index. 2008 disaggregated academic index schools using ESS funds in ways proven situation. These options included: salary Mr. Draut discussed the NCLB an- show that free and reduced lunch stu- to increase student academic achieve- freezes; faculty layoffs; and reducing the nual measurable objectives and the dents score lower on the CATS than stu- ment, they also observed schools using number of academic program and course starting points and yearly targets of the dents who are not approved for free and funds in ways that have not been proven offerings, which limits the students’ percent of students enrolled for a full reduced lunch. Students with English to raise student achievement. He said a schedule flexibility. He noted the reports academic year and scoring proficient and proficiency score higher than students major conclusion of the study is that the suggest that many of these measures distinguished. He noted Kentucky met identified with limited English proficien- current ESS program is fragmented and negatively impact the morale of staff and 20 out of 25 target goals in 2008, which cy. Finally, students with no disabilities lacks focus. The report suggests that a the ability of the institutions to maintain equals 80 percent of its target goals. A score higher than students identified more structured ESS program should be a stable dependable workforce. detailed table is included in the meeting with a disability, while students receiv- followed to reach the maximum benefit Representative Rollins noted that folder located in the Legislative Research ing accommodations for their disability for students and that the Kentucky De- some institutions have implemented Commission (LRC) library. score higher on the test than students partment of Education (KDE) should take some type of efficiency strategy. This in- Mr. Draut said based on the NCLB who receive no accommodations for a stronger administrative role that helps cludes: locking in fuel contracts; delaying public release on August 5, 2008, 820 their disability. schools and districts link data, resources, facility maintenance schedules; reduc- schools met 100 percent of NCLB ad- Mr. Draut explained the distribution and best practice. tion of mailing and printing costs; uti- equate yearly progress goals, which is of scores for the PLAN and ACT tests in Representative Edmonds said the lization of web-based technologies and 70.9 percent of all schools. Other fig- 2007 and 2008. He said the scores are KDE staff presented a response to OEA’s eliminating printing of textbooks; out- ures reported included: 89.0 percent of placed in ranges of novice low, novice review and gave a brief summary of the sourcing printing and copying services; all elementary schools met 100 percent medium, proficient and distinguished actions taken by KDE to address the and terminating residence hall telephone of goals; 44.4 percent of middle schools and then a formula is used that creates recommendations. They explained pro- services and using Voice Over Internet met 100 percent of goals; 33.3 percent the index for the ACT and PLAN. He said posed changes to existing administrative Protocol system. He said these strategies of high schools met 100 percent of its the score range percentages establish a regulations that will strengthen the pro- represent a significant financial savings, goals; and 103 out of 175 school dis- starting point for the high school ACT gram. but the reports suggest that continued tricts, 58.9 percent, met 100 percent of academic index. Kentucky has an aver- Representative Edmonds said the investment in technology systems will NCLB adequate yearly progress goals. He age ACT index of 73.8 in 2008. KDE staff reported that elementary be necessary for some of these strategies also discussed the summary of tiers and Mr. Draut said the composite score schools use Title I funds together with to be effective over time. consequences for Title I schools and dis- for Kentucky juniors completing the ESS funds to help struggling students. Chairman McGaha accepted the re- tricts. ACT is 18.3. He said the ACT provides However, since most high schools do not ports on behalf of the committee with Mr. Draut discussed concordance in college ready benchmark scores for the receive Title I funds, they depend on ESS no objections. CATS reporting in Kentucky. He said mul- core subject areas of English, mathemat- funds to provide students with this extra Chairman McGaha introduced Ms. tiple changes to CATS in 2007 required a ics, reading, and science. He said 46% help. He noted that cuts made to the ESS Elaine Farris, Deputy Commissioner, Bu- statistical process to link data from the of Kentucky students are meeting the budget will result in a potential decrease reau of Learning and Result Services; Dr. old system used in 1998-2006 to the ACT benchmark score in English; 20% of approximately 90,000 students served Ken Draut, Associate Commissioner, Of- new one established in 2007-2008. He in mathematics; 33% in reading; 15% in in the current school year, as compared fice of Assessment and Accountability; said concordance is a statistical process science; and 10% of Kentucky students to the number served in the 2007-2008 and Ms. Rhonda Sims, Director, Division used to establish the link. The concor- are meeting all four ACT benchmarks. school year. of Assessment Support, KDE. The panel dance table relates the scores on similar African-American and Hispanic students Representative Rollins said the from KDE reported to the committee on assessments by lining up the percentile are scoring lower than Caucasian and Subcommittee on Postsecondary Edu- the 2008 test scores for the Common- ranks. A school’s adjusted score does de- Asian Americans on the ACT, which is cation reviewed reports on how various wealth Accountability Testing System pend on the rank order of other schools following the scoring trend in the CATS institutions of higher education are cop- (CATS), No Child Left Behind (NCLB), in Kentucky. The concordance table set testing. ing with revenue shortfalls. The subcom- and ACT; and gave a progress report of in 2007 established the link between Mr. Draut said transitioning from mittee heard from Dr. Richard Crofts, the Task Force on Assessment and Ac- old and new CATS accountability index 2008 to 2014 will include a data review Interim President, Council on Postsec- countability. scores. He said the same table was used and appeals process with revised Ken- ondary Education; Dr. Kumble Subbas- Mr. Draut began the PowerPoint for the last time in 2008, and content tucky Performance Reports posted in the wamy, Provost, University of Kentucky; presentation by defining the state and area and individual student scores were fall of 2008. A new growth chart will be Dr. James Votruba, President, Northern federal accountability systems in Ken- not adjusted. created from the nonadjusted 2007 and Kentucky University; Dr. Michael B. Mc- tucky. He noted that the federal NCLB Ms. Sims explained the growth 2008 accountability indices and the new Call, President, Kentucky Community accountability requirement has annual chart for Kentucky. She said schools have growth charts will be released in late and Technical College System; and Dr. measurable objectives that include the different starting points, but all schools 2008. Mary Evans Sias, President, Kentucky percentage of proficient and distin- have a goal to reach 100 in the account- Representative DeCesare asked if State University. guished students in reading and math- ability index. She noted 594 schools are the percentage numbers on the NCLB Representative Rollins said the re- ematics and targets for all students and meeting their goals, 537 schools are annual measurable objectives chart were ports reflect the challenges to and the populations of sufficient size. He said progressing toward their goals, and 26 reflective of actual scores or yearly tar- creativity of the universities and colleges other academic indicators in NCLB in- schools are in the assistance category. gets of percentages of all participants. as they attempt to maintain high quality clude CATS classifications in elementary A detailed adjusted accountability index Mr. Draut said the percentage numbers programs, facilities and staff during times and middle school and graduation rates calculated with the concordance table are goals. of economic fluctuation and unpredict- in high school. He also said NCLB re- at each level of elementary, middle, and Representative DeCesare asked for able revenue sources. He said these is- quires a participation rate to test 95 per- high school is available in the meeting an explanation about the scale used in sues impact on affordability, access, and cent of all students and populations of folder in the LRC library. the Kentucky Performance Report in ac- program choice for students. sufficient size and Kentucky meets that Ms. Sims said elementary school countability cycle 2008. He noted the Representative Rollins said the goal every year. students score higher on the CATS test 2008 biennial goal is 85.0 percent, and most common cost containment strat- Mr. Draut said the CATS state test- with middle and high school students this is a concern as meeting the target egies reported are: reduction of faculty ing system has an academic index that performing lower on the CATS assess- goal of 85 on a scale of 0-140 is equiva- and staff positions through attrition; includes the percentage of novice, ap- ment across the entire Commonwealth. lent to 60 percent, which is not even a implementation of a hiring freeze; reor- prentice, proficient and distinguished She also said female students tend to passing grade in the classroom. He said

THE KENTUCKY GENERAL ASSEMBLY 17 even if the biennial goal is moved up to discussion about how much and what Chairman McGaha asked what Ken- eral grants to offer AP classes in more 100, this is still on the borderline of re- grade levels to administer student as- tucky’s dropout rate was the past year schools and expose students to the rigor ceiving a passing grade in the classroom. sessments. Representative Graham asked as calculated by CATS. Mr. Draut said they need to be successful. He feels this scale sets up Kentucky’s if there was any movement towards 2.2 percent. Senator McGaha asked what Senator Shaughnessy said he is a big students to achieve mediocrity and Ken- changing the assessment in the junior Kentucky’s graduation rate was as calcu- proponent of the AP program. He noted tucky needs to strive to do better for its year of high school. Mr. Draut said there lated by NCLB, which is evaluated over that if teachers and school personnel are students. are a testing expert and a small group a four-year period. Mr. Draut said it was not directing students into the core cur- Mr. Draut said he receives similar looking at the ACT and the KCCT to see 82 percent. riculum courses, then they certainly are concerns about the scale of 0-140 from if there are common items that can be Senator Westwood asked why Ken- not directing them into the AP curricu- school staff. He said points are distrib- merged to ease the testing burdens on tucky uses the dropout rate instead of lum. Ms. Farris said it is a challenge and uted in the CATS system to students students. the graduation rate formula that NCLB a subject that needs to be discussed in identified as novice, apprentice or profi- Representative Graham suggested utilizes. Mr. Draut said the dropout rate the middle and high schools across the cient, and students reaching proficiency moving an assessment to the high school is used for CATS and the graduation rate Commonwealth. are given 100 percent of the points. Stu- freshman year since there is no evalua- is used for NCLB. Senator Westwood Representative Moberly said he is dents who reach distinguished receive a tion currently in place. He also believes asked if NCLB allows states to use the disappointed in these results and wants bonus of 140 points. He noted that the the junior year is too late to find prob- dropout rate that Kentucky uses. Mr. to know what KDE’s strategy is to fix goal for Kentucky students is reaching lems and students need to be tested en- Draut said they do not. Senator West- it. He said Kentucky has made progress the proficient level, while reaching dis- tering into high school in order to access wood feels CATS should follow the NCLB since the implementation of KERA due tinguished is considered a bonus that and apply appropriate interventions. He guidelines instead of having two differ- to the hard work of Kentucky teachers very few students can meet. said a new evaluation system should be ent numbers that are dramatically differ- and educators, but there is still much Representative DeCesare said the put in place because students are suffer- ent. Ms. Farris said it is a state decision work to do in the disaggregated academ- CATS scores determine accountability ing from test fatigue in their junior year. and KDE will discuss the issue. ic index. It is evident Kentucky will not for the schools and not individual stu- Ms. Farris said high schools are looking Senator Shaughnessy asked for meet its goals in 2014 if improvement is dents. He is anxiously awaiting the find- at testing students in their freshman year clarification about all students not hav- not made. ings of the Taskforce of Assessment and to ensure the curriculum and courses are ing access to core content classes. Ms. Ms. Farris said KDE is working with Accountability and hopes their recom- meeting their needs in high school. Farris said students with disabilities and the Kentucky Board of Education who has mended changes will be implemented Representative Webb-Edgington African-American students are often voiced similar concerns with the assess- promptly as 2014 is rapidly approaching asked if the dropout numbers being re- not enrolled in classes that are teaching ment results. She said the biggest chal- and Kentucky is not on target to meet its ported in Kentucky are accurate. Ms. Far- the core content on a regular basis. She lenges and the most concerted effort will performance goals for students. ris said Kentucky’s definition of calculat- said they may be in self-contained class- be focused on improving middle and high Representative Sims asked if teach- ing dropouts differs from the national rooms or they may have been pulled out schools across the Commonwealth. She ers are teaching students the content definition. Mr. Draut said school districts of those classes to have lower level types said more accountability will be placed of the CATS test questions in the class- are implementing a total student infor- of content taught. It also can depend on on individual students and the types of room. Ms. Farris said some teachers mation system called Infinite Campus, the school and the resources available programs and courses needed in schools probably do design their instruction which will provide consistency and accu- to provide teachers and offer a sufficient to improve student performance. around the assessment, but she would rate data concerning student dropouts. number of courses for all students. Ms. Representative Moberly said there not call it teaching to the test. It makes Representative Webb-Edgington Farris said it is a local school decision absolutely has to be more collaboration good instructional sense for teachers to asked what the current definition is for a on what type of classes to offer at each between the Council on Postsecondary align their instruction along with their dropout. Mr. Draut said the dropout rate school. Education (CPE) and the KDE. He said assessments. is calculated year-to-year by the number Senator Shaughnessy asked if KDE colleges and universities must become Representative Sims asked if there of students who leave school during the has a breakdown of ACT scores among involved with the public school system were more dropouts before or after the school year and how many have returned students who have completed core con- or college readiness will not improve. implementation of the Kentucky Educa- to school the following year. He said if tent curriculum and those who have Ms. Farris said KDE is working with CPE, tion Reform Act (KERA). Ms. Farris said a student has not returned to school not. She said KDE has not looked at this the Education Professional Standards data indicates the dropout rate has de- by October 1st the following year, he component, but they have looked at ACT Board (EPSB), and some university deans creased since KERA. or she is considered a dropout. He said standards and aligned those with Ken- to determine future policy and changes Representative Sims asked if KDE the graduation rate follows a cohort of tucky’s standards. that need to be made in Kentucky class- kept data to reflect how many students students from 9th through 12th grade. Senator Shaughnessy said he is very rooms. She said they are also discussing have to take remedial courses upon be- NCLB actually uses the graduation rate concerned that 90 percent of Kentucky teacher preparation at the college level. ing accepted into college. Ms. Farris said to track dropouts. high school graduates are not ready for Senator Neal said he is almost KDE does not have that data at this time Representative Webb-Edgington college according to the ACT guidelines. speechless and is depressed by the re- as there is no longitudinal data avail- said African-American children score Mr. Draut explained that is the percent- sults. He realizes that it is a national able from Kentucky colleges to its high 20 points below other children on state age of students who do not meet all four trend for elementary schools to outper- schools. She said KDE is working to find standards and asked what KDE is doing benchmarks under the ACT criteria in form middle and high schools. He asked if a way to begin collecting the data as to close this achievement gap. Ms. Far- English, mathematics, reading, and sci- the achievement gaps in Kentucky were the information is critical for the Com- ris responded that a concerted effort is ence. also indicative of national trends. Ms. monwealth. Mr. Draut noted that KDE being made to track individual student Ms. Sims clarified to Senator Farris said the achievement gaps in stu- is currently beginning a P-16 data effort progress. She said all high, middle, and el- Shaughnessy that the 90 percent per- dent performance in Kentucky do mirror initiative to link college data back to sec- ementary schools are being asked to pro- tains to Kentucky high school juniors national data. ondary, middle, and elementary schools. vide individual plans for improvement for who are taking the ACT, and not high Senator Neal asked if there is trend- When the system gets into place, it each individual student in their school. school graduates. Senator Shaughnessy ing data within the KDE to track if the should provide KDE with the data of how She said customized strategies are be- said this statistic is alarming and Ms. achievement gaps are narrowing. Mr. many students need remedial courses ing developed to improve learning for Farris agreed. She said there are 56 as- Draut said KDE sees achievement gaps upon entering college. all Kentucky students. She is aware that sist teams working with high and mid- closing and all student scores going up, Representative Graham said the there is a large achievement gap for Ken- dle schools across the state to prepare but not fast enough. He said since 1995, previous commissioner of the KDE had tucky’s African-American and disability students for college. Focus of the assist all student groups have improved on test said the state board could reevaluate the students. She feels the key to closing the teams is to help schools provide a sup- scores, but not fast enough to meet the number of days and the number of tests gap is to provide equal access to the core port system and get students in inter- goals in Kentucky. that Kentucky junior high school stu- curriculum for all students. She is asking vention programs at least by tenth grade. Senator Neal asked if demographic dents are being tested. He asked if the leadership within schools to ensure that She noted that research has proven that information had been analyzed to deter- KDE is still evaluating whether or not there is an accountability system in ev- courses selected and rigor of the classes mine the profiles of schools that produce some of the junior year assessment can ery school and every classroom and that is more important to student learning these particular results. Ms. Farris said be moved to other years or eliminated. all children are held accountable to high than what score they make on a test. KDE has that information and Senator Ms. Farris said there is on-going expectations and standards. She also said Kentucky has received sev- Neal asked that the information be dis-

18 2008 Interim LEGISLATIVE RECORD seminated to committee members. when they take the CATS test and do not to focus on improving education for all consider modifying arts and humanities, Senator Neal asked if there are have an incentive to take it seriously. its students. He also said vocational pro- writing portfolio, on-demand writing, schools in the state that are doing a good Senator McGaha asked Representa- grams are crucial to the workplace and and alternate assessments; to generate a job of closing the achievement gaps with tive Graham if he is suggesting imple- many of these programs are being elimi- list of potential changes to be considered their students. Ms. Farris said there are menting a form of student accountabil- nated in the schools. after 2014; and to develop a legislative some, but there are more schools that ity. Representative Graham said most Representative Wuchner said it is package and submit for consideration have done a very good job with closing students feel that they should do well time for dramatic reform of the reform. during the 2009 General Assembly. the achievement gap with children living on the ACT because it directly affects She said the CPE indicates that 35 to Ms. Farris said members were se- in poverty and children not living in pov- in they get into college or not. He feels 78 percent of Kentucky students enroll- lected to the task force from letters that erty. She said fewer schools have been KERA needs to be reevaluated to see ing into college need two or more reme- were sent to major stakeholder groups able to close the achievement gap with what is working and what is not, and dial courses. She said stronger language asking them to choose an individual to African-American students, although make needed adjustments in the sys- needs to be directed from the General serve on the task force. She also said the some elementary schools have done a tem. He also mentioned the technology Assembly to require better communica- President of the Senate and the Speaker good job. She will identify the model advancement that has occurred since tion between postsecondary and sec- of the House of Representatives were schools and get the information to Sena- KERA. ondary education. asked to select legislative representation. tor Neal. Senator McGaha announced that Representative Collins said more A complete listing of the members of the Senator Neal would like to see what due to time constraints the OEA report improvements need to be made in the task force is provided in the meeting ma- types of methodologies the schools are on Special Education in Kentucky would testing window within schools. He said terials located in the Legislative Research using that are having more success clos- have to be heard in another meeting. He after students complete testing in the Commission (LRC) library. ing achievement gaps among student said if the committee meets in January, spring, they lose motivation to learn Ms. Farris said there were a total of populations in comparison to the profile he hopes to have OEA on the agenda to for the rest of the school year. He also seven meetings, ending in November, to of the school. Ms. Farris said the Blue give them ample time to share the find- said students that miss school due to a allow for the preparation of legislative Ribbon Panel Commission has compiled ings of the report. He also said he has lot of snow days are at a disadvantage proposals for the 2009 General Assem- this type of information and she will get received very positive comments about because they do not get the same num- bly. She gave a brief summary of each of it to committee members. Chairman the report. ber of instruction days as other groups, the meetings. The summary is located in McGaha asked Ms. Farris to deliver the Representative Rollins asked why and probably score lower on the assess- the meeting materials in the LRC library. information to the Education Commit- the benchmarks were set so high for sci- ments. He would like to find solutions Ms. Farris said recommendations tee staff and they will distribute it to the ence and mathematics. Mr. Draut said to make testing schedules equitable in from the Task Force on Assessment and members. the ACT college readiness benchmarks all schools. Accountability include the following: ex- Representative Riner asked what are set by the ACT company based upon Representative Glenn said the pand a pilot program evaluation model percentage of Kentucky’s junior students comparisons of students who take the tracking program in the high schools can for assessment of the arts; encourage with learning disabilities applied and re- ACT in high school and what kind of determine what courses students are al- formative assessments; work toward ceived extra time for taking the ACT test. grades they are making in college a few lowed to take. He said specific tracking concise standards and balanced assess- Mr. Draut said they would get the infor- years later. Representative Rollins asked programs can prohibit a student from ments; and provide teacher training and mation for him. if Kentucky had any voice in determin- taking an Algebra class, but this stu- preparation related to assessment. Representative Riner asked who is ing the benchmarks, and Mr. Draut said dent will still be tested on Algebra on Ms. Farris said Commissioner Draud responsible for helping students with it was strictly the vendor that deter- the ACT. Ms. Farris said most schools plans to establish a work group to dis- disabilities make application to the Col- mines the numbers. Representative Rol- across the Commonwealth are mov- cuss and make recommendations for lege Board to receive the extra time. Ms. lins said the benchmarks in science and ing away from tracking systems within the assessment program for 2014 and Sims said each school that administers mathematics seem to be pretty high and schools. She said there are prerequisites beyond. She said an Arts and Humani- the ACT follows a process that identi- the nationwide ACT scores in science or policies within schools that can unin- ties Program Evaluation will be submit- fies a test supervisor, a back-up test and mathematics are well below these tentionally give students access to only ted to the Kentucky Board of Education supervisor, and a test accommodations benchmarks of 22 and 24. He believes certain classes. for possible inclusion in their legislative coordinator. She said the test accommo- it is wrong minded to indict Kentucky Chairman McGaha asked about the agenda. dations coordinator would be the person because of not meeting the benchmarks eighteen percent increase in the on-de- Representative Graham asked why to complete the necessary paperwork to and says it wrong to report that 90 per- mand writing scores. Mr. Draut explained classroom teachers were not included on qualify students to receive extra time on cent of Kentucky students are not receiv- the increase was due to new standards the task force. Ms. Farris said teachers the ACT. ing an adequate education because of being implemented in on-demand writ- were represented on the task force by the Representative Riner said there is not meeting the benchmarks. He also re- ing for 12th graders. He explained the Kentucky Education Association. Repre- a child psychologist in Jefferson County minded the committee that the ACT test change brings the system in-line with sentative Graham felt that actual class- that has worked with students with dis- is designed for seniors, and Kentucky’s the changes that occurred between el- room teachers should have been a part abilities for the past 30 years, and she students are taking the test a year ahead ementary and middle schools in 2007. of the task force. Ms. Farris said teachers has been very unsuccessful in obtaining of time. He said he reminds students Chairman McGaha said the 2006-2007 will be included in the work group that is the students extra time to complete the that the ACT they take their junior year data is not included in the handout and being formed who will actually be doing test. The average child psychologist ends is practice, and the test they take in the it is hard to see that connection. the hands-on work. up writing 14-18 page reports before ex- senior year is the pivotal score because Chairman McGaha said the adjusted Chairman McGaha informed the tra time is granted. He said it takes a real more coursework has been completed. accountability index calculated with the committee that resolutions had been advocate pushing to get these students He said Kentucky juniors who take the concordance table was 82.2, and asked if prepared for Senator Brett Guthrie and the help they need and this has been a ACT should only be compared to other the KDE calculated the number without Representative Milward Dedman who real problem for decades. Ms. Sims said juniors completing the test nationally, using the concordance table. Mr. Draut are leaving the committee. Upon a mo- if Representative Riner will give her the and any other comparison skews the re- said he would get the information to tion by Representative Collins, seconded specifics, she will follow-up with the sults. him. by Representative Sims, the resolutions school and get some assistance. Representative Miller said Kentucky Chairman McGaha asked Ms. Farris were adopted by voice vote. Representative Graham believes places more emphasis on testing in to provide the committee with a prog- With no further business before ACT has a guideline that students must schools than providing solid education ress report of the Task Force on Assess- the committee, the meeting adjourned have documented in their individual edu- programs. He discussed the advanced ment and Accountability. Ms. Farris said at 3:15 p.m. cation plans that their disability requires program versus the advanced place- the task force was charged with review- extra time for testing prior to arriving ment program and said good education ing Kentucky’s public school assessment to high school. He also believes input is programs drive student scores higher. and accountability system (CATS) to en- needed from postsecondary education The advanced program consisted of el- sure that it meets the best interests of in order to help design the curriculum ementary, middle, and high school stu- Kentucky’s public school students. The to have students prepared for college dents and was very successful. He said four goals of the task force are as fol- upon graduation. He reiterated that high advanced placement only caters to the lows: to keep the trend line from 2008- school juniors are fatigued from testing very elite students and Kentucky needs 2014 intact with no major changes; to

THE KENTUCKY GENERAL ASSEMBLY 19 mentally sensitive fuel choice for driv- and would only require an increase in the know how much imported LNG is used ers in Europe, Russia, South American, U.S. natural gas consumption by slight- in the U.S., but added that LNG is not Australia and New Zealand, the United ly over 1% per year. There is plenty of lucrative in the U.S. due to the price and States and Canada. There are over 8 natural gas to make electricity, heat our demand. SPECIAL SUBCOMMITTEE ON million natural gas vehicles (NGVs) on homes and to make chemicals and plas- Rep. Gooch stated that he agreed ENERGY the road worldwide with thousands of tics, and there is plenty of natural gas we have a good natural gas industry and Minutes of the 5th Meeting public, fast-fill refueling stations to sup- to convert our transportation fleet from that we should become independent of the 2008 Interim port them. Canada has approximately dirty expensive imported oil to clean of foreign oil, but assurances would be October 24, 2008 120 refueling stations that serve 20,000 burning, affordable, abundant, available, needed that electricity demand would The 5th meeting of the Special NGVs. American natural gas. Other states are not be met with natural gas. That shot Subcommittee on Energy was held on He said that vehicle applications for developing infrastructure, but Kentucky prices up and we can’t have enough gas Friday, October 24, 2008, at 10:00 AM, NGVs include: has no CNG facilities. Kentucky should for all those uses without price volatil- in Lexington, Kentucky. Senator Brandon Transit buses; be leading this effort because of our ity. Smith, Chair, called the meeting to order, Taxi cabs; abundant resources. Ms. Casalino stated that natural and the secretary called the roll. heavy duty trucks Included in the presentation of Mr. gas reserves are up, productivity is up Present were: Commuters; Rohrer and Ms. Casalino there were six- and tremendous quantities will be avail- Members: Senator Brandon Smith, Small and large commercial fleets; teen initiatives to help promote Com- able. Electric generation plants can store Co-Chair; Representative Rick G. Nelson, Light duty trucks and vans; pressed Natural Gas (CNG) for vehicles, LNG for peak periods. American Clean Co-Chair; Senators Charlie Borders, Tom Forklifts, and a copy of which can be found in the LRC Air Partners is working with utilities and Buford, Denise Harper Angel, Ernie Har- Ice resurfacers. Library file. others to get LNG for the transport sec- ris, and Johnny Ray Turner; Representa- Mr. Rohrer stated that energy from Sen. Smith asked if the Honda Ac- tor. tives Royce W. Adams, Rocky Adkins, natural gas accounts for 24 percent of cord offered a CNG fuel vehicle. Rep. Smith asked how much a fuel Eddie Ballard, Leslie Combs, Tim Couch, total energy consumed in the United Ms. Casalino stated that it does and station would cost to build. Jim Gooch Jr., Sannie Overly, Tom Riner, States. Deregulation and the move to- there is six month waiting period. Mr. Rohrer stated that orders for and Brent Yonts. ward cleaner burning fuels have cre- Mr. Rohrer stated that Toyota is in such stations were 36 weeks out in the Guests: Representative Robin ated an enormous market for natural the process of making a CNG vehicle but future in Wisconsin, but most are going Webb; Fitz Steel, newly elected member gas across the county. New technology it will only be offered in California. to foreign countries. Conversion sta- to the House of Representatives; Steve is continually being developed allowing Sen. Borders asked if there was tions and equipment are not here be- Byers, Legislative Liaison, University of Americans to use natural gas in new and some safety from rising prices of natural cause of low demand. Kentucky; Dennis Rohrer, General Part- exciting ways. gas. Ms. Casalino stated that it would ner of Interstate Gas Company; Judith Judith Casalino explained that the Mr. Rohrer and Ms. Casalino stated cost $2.1 million to convert a fueling Casalino, President, American Clean Air American Clean Air Partners, LLC, is a that there were no assurances for heat- station to CNG, which would include 6 Partners; Jim Tracy, University of Ken- Kentucky corporation formed to pro- ing costs, but hopefully long-term con- fast-fueling pumps, on a turnkey basis, tucky Vice President for Research; An- mote and establish alternative fuels with tracts for the price would help stabilize except for the cost of putting gas lines thony Robertson, student, UK College a focus on natural gas for vehicles. She prices. in. Conversion technology for new ve- of Engineering; Robert Daniel Ampleford, stated that high gasoline prices have had Sen. Borders asked how much stor- hicles – $12,000 for a car up to $25,000 Chemical Engineering Co-op Student, and will continue to have a devastating age space the CNG fuel cell takes up in for large fleet vehicles – are eligible for a Center for Applied Energy Research; effect on the economy. a vehicle. $4,000 federal tax credit for conversions Ying Shu, Chemistry, Center for Applied The issue of oil is becoming more Mr. Rohrer stated that the cells do for cars, or a $32,000 credit for large Energy Research; John Dosker, General critical with each passing year. The take up more additional space. trucks. Counsel, Stand Energy Corporation and wealth of OPEC nations is growing at an Sen. Borders asked if it would be Rep. Adkins stated that Casalino’s Mark Ward, Vice President of Regulatory, alarming rate. Between 2000 and 2007 worth putting our efforts and money and Rohrer’s testimony shows Kentucky Stand Energy Corporation. the oil revenues for OPEC went from into developing the needed infrastruc- has vast resources. HB 1 includes lan- $243 billion to $688 billion, not includ- ture for CNG vehicles. guage to encourage the conversion of LRC Staff: D. Todd Littlefield, Com- ing the price spikes in November and Ms. Casalino stated that because 50% of the state’s fleet vehicles to alter- mittee Staff Administrator, Taylor Moore, December of 2007, or the revenues from supplies are limited, it would take a long native fuels, but with specificity on fuel and Susan Spoonamore, Committee As- 2008. time to convert vehicles to CNG. type. sistant. The United States ranks 11th in oil Rep. Riner asked if CNG would be Mr. Rohrer stated that natural gas The September 19, 2008 minutes reserves with 39.9 billion barrels. Saudi dangerous in a vehicular accident. continues to be cheaper than petroleum were approved, without objection, by Arabia, Iran, Iraq, Kuwait, and the United Mr. Rohrer stated that natural gas is and the investment stays in the United voice vote, upon motion made by Rep- Arab Emirates have a total of 716 billion the safest fuel available. States. resentative Rick Nelson and seconded by barrels. The U.S. ranks #1 in the world Sen. Buford asked how much natu- Mr. Jim Tracy, University of Ken- Representative Royce Adams. for oil consumption, buying an estimated ral gas was imported. tucky Vice President for Research stated Steve Byers, Legislative Liaison, 82% of its oil from these countries. Mr. Rohrer stated that 1.5% of the that energy research is a core mission at University of Kentucky, welcomed mem- She said that historically, until Feb- natural gas consumed in the U.S. is im- UK coming from a variety of sources. He bers to the E.S. Good Barn, University of ruary 17, 2008, oil had been traded in ported from outside North America. generally described the different types of Kentucky. U.S. dollars. Iran opened its own trading Sen. Buford asked if the United energy research being performed. Dennis Rohrer, Interstate Gas Com- exchange in which oil is brokered in Eu- States would be able to keep up with the Anthony Robertson, a student at pany and Judith Casalino, President, ros instead of dollars, further threatening demand of natural gas without import- the UK College of Engineering stated American Clean Air Partners discussed the U.S. dollar and economy. ing. that he is the mechanical project man- the role of natural gas in meeting the Natural gas for vehicles is avail- Mr. Rohrer and Ms Casaloni stated ager for the solar car team. Since 1999, critical issue of our state and nation’s able, but for unexplained reasons, the that most of the natural gas comes from the mission has been to finance, design, domestic energy crisis. U.S. has not maximized its vast natural the western part of the U.S., but due to build and race solar-powered cars. He Mr. Rohrer explained that natural gas resources to fuel its vehicles. Even the absence of infrastructure, we are not described the vehicle’s history including gas is a vital component of the world’s at increased natural gas prices, natural able to keep up with the demand. Data the mechanical and electrical systems. supply of energy and is one of the clean- gas for vehicles is about half the price of shows that there are enough natural gas He said that the UK Solar Car Team est, safest, and most useful of all energy gasoline. Compared to diesel it is even reserves to keep up with demand, but raced in the North American Solar Car sources. He said that natural gas, in the cheaper. It is the cleanest burning alter- the biggest problem is transporting nat- Challenge earlier this year traveling 2400 form of compressed natural gas (CNG), native fuel today. ural gas. However, natural gas still costs miles from Dallas, Texas to Calgary, Al- has been used as a transportation fuel in Mr. Rohrer stated that natural gas less than oil on a per-btu basis. berta, Canada. The only power source vehicles for more than 100 years around can and should be the driving force to Rep. Gooch stated that 1% of the used was the sun. Twenty-four teams the world. The clean burning properties, free our country from the grip of high oil gas comes from Mexico and Canada and from the USA, Canada and Europe en- abundant supply and relatively low cost prices. To convert just 10% of American asked about LNG. tered the race, but only 15 completed have made it a popular and environ- cars to CNG would take less than 8 years Mr. Rohrer stated that he did not the race. He said that the University of

20 2008 Interim LEGISLATIVE RECORD Michigan had a budget of $2.4 million savings analysis for schools and agen- fected in Kentucky; however she was directly with parents in a public setting. and placed 1st; Kentucky placed 11th cies, based on today’s testimony. aware of ten children in Louisville who Ms. Grau did state that an on-line data- with a budget of $120,000. Meeting adjourned at 12:00 p.m. not only have Apraxia diagnosed by a base has been created that is voluntary Rep. Smith asked how the solar neurologist, but may have another dis- for providers to be listed which would powered car worked in cloudy weather. ability as well. Senator Buford also asked help facilitate parents. This list currently Mr. Robertson stated that it drives INTERIM JOINT COMMITTEE for recommendations on what could be has over 300 providers. slower. But energy is stored in a battery ON HEALTH AND WELFARE done to address this issue. Ms. Gedling Senator Stine inquired about the pack. Subcommittee on Families and Chil- indicated early intervention, beginning number of autistic children in Northern Rep. Adkins asked about the stor- dren at least at three years of age. Senator Kentucky and what services are provided age of solar power. Minutes of the 3rd Meeting Buford also asked how children with for training in that area. Ms. Grau said Mr. Robertson stated that silicon of the 2008 Interim this disorder could be identified if par- there are approximately 26,000. cells used for houses are 20% efficient. October 15, 2008 ents do not come forward. Ms. Gedling Representative Brinkman pointed New cells are approximately 29% effi- The 3rd meeting of the Subcommit- said the media would be a good source out that the Kentucky Commission on cient and NASA gallium arsenide cells are tee on Families and Children of the Inter- or if funding for the program was avail- Autism Spectrum Disorders recognized 35% efficient. Solar storage in Kentucky im Joint Committee on Health and Wel- able, parents would not have to use the that autism affects all 120 counties. The is not good because the Commonwealth fare was held on Wednesday, October school system to identify the disorder. Commission is trying to create an Office does not have enough sunny days. 15, 2008, at 10:00 AM, in Room 129 of Senator Buford suggested that the fam- of Autism within the Kentucky Depart- Rep. Adkins asked if we could have the Capitol Annex. Representative Tom ily meet with Dr. Sheldan Berman, Su- ment of Education because it is impor- a project to tie into the grid. Burch, Chair, called the meeting to order, perintendent of the Jefferson County tant for parents throughout the Com- Mr. Robertson stated that we could, and the secretary called the roll. Schools, to develop a plan that could be monwealth to have the ability to contact especially with net metering and com- Present were: recommended to assistant in identifying the cabinet and have someone in the bined with another generation source Members: Senator Katie Stine, Co- children with this disorder to get them cabinet who is focused strictly on autism like wind. Another area is energy farms Chair; Representative Tom Burch, Co- in the proper programs. Senator Buford to help them understand what services and expanded research and development Chair; Senators Charlie Borders, Tom suggested that staff send a letter to Dr. are available in their region. He noted at the university standpoint. Buford, Perry B. Clark, and Johnny Ray Berman encouraging a meeting to talk that there is already a lot of structure in Rep. Smith noted the potential im- Turner; Representatives Scott W. Brink- with Ms. Radford, Ms. Beam, and Ms. place such as the Comprehensive Care pact of renewable energy sources on the man and James R. Comer, Jr. Gelding of recommendations to present Centers, the Education Cooperatives, use of coal. Guests: Rebecca Grau, Interim Di- to the General Assembly. and the universities; however there is Daniel Ampleford from the Center rector, and Tina Bernstein, Kentucky Au- Next on the agenda was Rebecca not much coordination with the Ken- for Applied Energy Research discussed tism Training Center, University of Lou- Grau, Interim Director of the Kentucky tucky Department of Education and the post combustion CO2 capture – impact isville; Anne Swinford, Commission for Autism Training Center. She gave an Cabinet for Health and Family Services. and future impact. Children with Special Health Care Needs; overview of the School-Based Training Senator Clark asked what was oc- Ying Shu presented results of her Dr. Joseph Hersh, Director, STAR Program, and Technical Assistance Services. The curring with the adult autism popula- research on high-value carbon materials and Professor of Pediatrics, University of Center is a special education coopera- tion. Ms. Grau indicated that there were for energy generation and efficiency, in- Louisville; and Heidi Schissler. tive that provides direct consultation no services for the aging autism individ- cluding their potential use as conductors LRC Staff: Ben Payne, Jonathan and coaching to a team of educators to ual, although the need for core services and energy storage devices. Scott, and Marlene Rutherford. address specific needs of students with carries throughout their lifetime. She Mark Ward, Vice President of Regu- The minutes of the September 5, autism. This includes training on cre- pointed out that the Center is working latory Affairs, Stand Energy Corporation, 2008 meeting were approved without ating a structured environment for the with the University of Louisville Pediat- and John Dosker, General Counsel, Stand objection. student, curriculum modification, pro- ric Department to develop a family guide Energy Corporation, discussed proposed First on the agenda was the dis- moting communication, and addressing for autism that will outline different ser- changes to the tariffs of Kentucky’s ma- cussion of a neurological disorder called behavior issues. The Center pointed out vices, and provide strategies in the home jor natural gas utilities that would al- Apraxia, also known as DAS. Christine the need to address the training needs on dealing with autism. low Kentucky’s smaller commercial and Gedling, along with her daughter Lara, of the different professionals that work Representative Burch said it is im- industrial companies, including school a child with Apraxia, and their family with autistic children in a more system- portant to get the message out into the systems and government facilities, the members, Tina Radford and Leslie Beam atic way. The Center began working with communities about autism and what is choice to purchase natural gas supplies testified on the issue. Appraxia is a se- the Department of Education and other being done. through an open, competitive market. vere communication disorder that results universities on how to be more system- Next, the subcommittee heard tes- Mr. Ward and Mr. Dosker asked that from dysfunction of the cerebral hemi- atic in working with these special needs timony from Dr. Joseph Hersh, Director the Kentucky Public Service Commission spheres of the brain and is characterized children. In the process of investigating of the Weisskopf Child Evaluation Cen- review and remove the current volumet- by the loss of ability to carry out skilled how the Center could serve those indi- ter (WCEC), Professor of Pediatrics at ric thresholds required in order to trans- movements and gestures, such as speak- viduals more effectively, they were in- the University of Louisville, and Director port gas, daily or annually, or economic ing properly. The guests had first-hand vited to submit an application to partner of Systematic Treatment of Autism and barriers such as high administration fees, knowledge and exposure to this disor- with the National Professional Develop- Related Disorders (STAR). meter fees or mandatory capacity as- der in their family and wanted to make ment Center on Autism Spectrum Disor- At the outset Dr. Hersh commented signments. These barriers preclude small the committee aware of the disorder in ders. These schools are studying techni- on childhood Apraxia speech. He said customers from using gas transportation children and the need to address it early. cal assistance and conducting research that WCEC has a diverse role in address- services. Removing these barriers would They said that children with this disor- on how to build a state-wide system of ing the needs of children that have de- open up the market to other competitors der would benefit from intensive speech technical assistance for educators. The velopmental disorders and it has a close giving consumers a choice. and language therapy from pre-school National Center was impressed with the partnership with Dr. Steve Davis and Dr. Rep. Smith stated that he would through first grade. They also stated that state’s special education cooperative Ruth Ann Shepherd, of the Kentucky ask the Public Service Commission to a speech pathologist is helpful; however system. They will help the Kentucky Department for Public Health. In recent address the issues as requested by Stand they are not trained to deal with Apraxic Autism Training Center set up model years when modifications were made Energy. He also asked that the PSC re- children. It is difficult to determine the classrooms across diverse settings and within the First Steps Program, a ceiling spond, in writing, to Stand Energy and number of children affected by this dis- implementing research and studies that was placed on the number of services a the Special Subcommittee on Energy. order because it is included in the cat- indicate that teachers need direct coach- child could receive if he or she qualified Stephanie Bell, a representative egory of speech and language disabili- ing. based on established risk or on scores on from the Kentucky Public Service Com- ties. Some medical professionals do not Senator Buford asked if the Center standardized tests. One of the concerns mission stated that she would ask the recognize Apraxia as a disability but the has an office at the University of Ken- at that time was if there was a child di- appropriate colleagues at the PSC to de- diagnosis of this disability is made by a tucky or other centralized area so indi- agnosed with autism at the age of two velop a response and perhaps address neurologist. viduals can seek the Center’s assistance. or a child diagnosed with Apraxia speech the committee at a future meeting. Senator Buford asked how many Ms. Grau said that the Center is housed at two or two-half years of age. A ser- Rep. Robin Webb stated that she children in Kentucky have Apraxia. Ms. at the University of Louisville but travels vice exception program was created. has asked Energy staff to request a cost Gedling did not know the number af- statewide. She said the Center meets The WCEC is actively involved with that

THE KENTUCKY GENERAL ASSEMBLY 21 program, working closely with Dr. Shep- gramming and strategies for that child. lects that data to determine how many vaccinated against influenza. herd’s group. With greater awareness Working with families, they provide children are at risk for a hearing disor- The meeting adjourned at 12:05 by speech and language pathologists of occupational therapy services and con- der. She discussed the Commission’s p.m. a diagnosis or being referred for intense sultations in schools to address clinical relationship with the Department for evaluation at the WCEC to help establish concerns about the child. They will be Community Based Services (DCBS). She INTERIM JOINT COMMITTEE that diagnosis, the child has the poten- partnering with the Kentucky Autism indicated that a pilot program was con- ON HEALTH AND WELFARE tial to access much greater, intensive ser- Training Center (KATC) to provide a ducted with DCBS and identified 130- Subcommittee on Health Issues vices at a very young age. The American more comprehensive training and treat- 150 children deemed to be medically Minutes of the 3rd Meeting Academy of Pediatrics has recommended ment program. STAR also addresses the fragile. She said there had been 1,010 of the 2008 Interim that simple screenings be completed by social skills needs of the child. Since home visits. October 15, 2008 parents at eighteen months of age at a 2002 STAR has served over 400 chil- Senator Borders asked why the per- The 3rd meeting of the Subcommit- regular office visit and a repeat screening dren in 50 counties in Kentucky as well centage of children being born and tested tee on Health Issues of the Interim Joint at twenty-four months of age. as other states. It is a goal of STAR to prior to leaving the hospital was not 100 Committee on Health and Welfare was Dr. Hersh also said the Weisskoph create a network or satellite system that percent. Ms. Cecil indicated that due to held on Wednesday, October 15, 2008, Child Evaluation Center was established involves both universities and communi- the way the legislation was written, hos- at 10:00 AM, in Room 131 of the Capitol to help children who have special needs ty agencies to provide quality diagnosis pitals that have over 40 births per year Annex. Senator Julie Denton, Co-Chair, realize their full potential. The Center and some direct treatment and training are required to report. There was not a called the meeting to order, and the sec- has a comprehensive, developmental for professionals in those communities requirement that mandates that at-risk retary called the roll at 10:20 AM. program and other programs for chil- to upgrade the services for diagnosis of children be reported. Present were: dren that have genetic disorders and the child. Ms. Cecil also discussed drug costs. Members: Senator Julie Denton, Co- birth defects. The primary funding for The University of Louisville Autism The Commission is working to deal with Chair; Representative Mary Lou Marzian, the Center comes from the Department Center developed a partnership with drug interactions from various drugs a Co-Chair; Senators Denise Harper Angel for Public Health, Division of Adult and the Departments of Pediatrics (WCEC patient may be on as well as mail order and Dick Roeding; Representatives David Child Health Improvement, Maternal and and STAR), Psychiatry in the School of drugs. The Commission is utilizing many Watkins, and Addia Wuchner. Child Health Branch. It has been strong- Medicine (Bingham Clinic) and the Col- of the strategies used in the private sec- Guests: Donna Hillman, Direc- ly supported for the past 40 years by lege of Education and Human Develop- tor to deal with escalating healthcare tor and Rita Ruggles, Project Director, the WHAS Crusade for Children. Since ment (KATC and Department of Teaching costs. Division of Mental Health and Sub- the creation of the program in 1966, the and Learning) to provide a more compre- Dr. Kraig E. Humbaugh, M.P.H., stance Abuse, Department for Mental number of children diagnosed with au- hensive program. The goal is to become State Epidemiologist and Department of Health, Developmental Disabilities and tism spectrum disorders has increased the primary resource for state-of-the-art the Division of Epidemiology and Health Addiction Services, Cabinet for Health dramatically. assessment and treatment of autism; Planning in the Department for Public and Family Services; Honorable Karen One of the challenges of the WCEC to provide cutting edge research, train- Health, Cabinet for Health and Family Thomas, Chief District Judge, Campbell following a diagnosis is the limited re- ing, and support for families; and edu- Services, discussed childhood infectious County; Dr. Ruth Ann Shepherd, Divi- sources for intervention. Dr. Hersh in- cation and training of professionals from diseases in Kentucky. He said that infec- sion Director, Division of Maternal and dicated that he had been approached by a number of healthcare and educational tious diseases are reported to local and Child Health, Department for Public families and others regarding the neces- disciplines throughout the state which state public health departments by clini- Health, Cabinet for Health and Family sity for creating an autism treatment results in the residents of the state hav- cians, hospitals, and laboratories across Services; Joy Hoskins, RN, BA, Assistant program that is comprehensive in nature ing a single source for providing evidence the state. Due to limited resources, in- Division Director, Division of Women’s and could address the cognitive, social, based diagnosis and intervention and fectious disease reporting is confined Health, Department for Public Health, educational, behavioral, and communi- have the ability to access the informa- to public health significance. There are Cabinet for Health and Family Services; cation needs of a child with that diag- tion from research. One of the benefits, three criteria used to determine whether Dr. Torrie Harris, Dr.P.H., Director, Office nosis. In 2002, the WHAS Crusade for as seen by Dr. Hersh, in working with diseases are reportable. Some diseases of Minority Health, Department for Pub- Children was approached about start-up the various partners, is the potential of meet all three of the criteria. Depend- lic Health, Cabinet for Health and Family funds for creating the STAR Program and combining the clinical service role with ing on the disease, some are reportable Services; Ayana Anderson, Department the WCBC did receive a grant from them the training and technical assistance within twenty-four hours, others within for Public Health, Cabinet for Health and that enabled it to hire a small number of role provided by KATC to provide a more a few days. He said that Salmonella and Family Services; Sherri Stover, Admin- professionals who could develop a pro- comprehensive approach statewide. Shigellosis show an upward trend be- istrative Office of the Courts; Marsha gram and provide intervention services. Representative Burch asked how cause they are on the rise in childcare Hockensmith, Protection and Advocacy; The mission of the program was to em- Kentucky compares with other states in settings. The number one strategy in Susan Duvall White, Developmental Dis- power families by sharing knowledge terms of what is being done for autism. preventing infectious disease is through abilities and Addiction Services, Cabinet and enhancing skills of the child. The Dr. Hersh indicated Kentucky is moving immunization. Other strategies are pro- for Health and Family Services; Steve focus was to develop an individualized in the right direction because the state moting healthy behaviors and discourag- Shannon, Kentucky Association of Men- program, looking at the child’s needs is enhancing its ability to diagnose chil- ing risky behaviors. tal Health-Mental Retardation Programs; and use a variety of evidence-based dren at a younger age. There are other Senator Stine asked what the inci- Jim Kimbrough, Advocates for Reforming treatments, such as applied behavioral states that are providing more enhanced dence of tuberculosis in Kentucky has Medicaid; and, Sarah Nicholson, Ken- analysis, and incorporate that with the services. been and if there is a resurgence of that tucky Hospital Association. families’ priorities. One of the key goals Next, the committee heard from disease. Dr. Humbaugh indicated there LRC Staff: Miriam Fordham, Mike in research was to look at treatment ap- Rebecca Cecil, Executive Director, Com- are more cases being reported than in Bossick, and Gina Rigsby. proaches and outcomes to determine mission for Children with Special Health the past. Two years ago there were only The subcommittee heard a pre- what worked best for a child with a spe- Care Needs. She said that the Com- eighty seven active cases of tuberculo- sentation on the behavioral health and cific characteristic. STAR’s focus is on mission has thirteen regional offices sis in Kentucky, but there were over one criminal justice grant program by Donna behavior management and a biomedical throughout the state. It was founded in hundred last year. Senator Stine also Hillman, Director and Rita Ruggles, Proj- program that evaluates medical issues 1924 and provides care for children with asked whether it was a good decision to ect Director, Division of Mental Health that families with an autistic child may physical disabilities. Its mission is to en- not have routine tuberculosis testing of and Substance Abuse, Department for have. It also evaluates the efficacy of al- hance the quality of life for children with all students in schools. Dr. Humbaugh Mental Health, Developmental Disabili- ternative and complementary medicine special needs through direct service, felt that it was a good idea. ties and Addiction Services, Cabinet approaches. Currently they are recruit- leadership, education, and collabora- for Health and Family Services, and the ing families to start a double blind study, tion. There are various clinical programs He said that seasonal influenza vac- Honorable Karen Thomas, Chief District looking at an antioxidant that may help and services offered by the Commission. cination can be given September through Judge, Campbell County. The program the child’s behavior and allow them to Over 8,000 children are treated in their May. New recommendations this flu seeks to “decriminalize” individuals with function in everyday settings. clinics. As a result of legislation passed season expand the vaccination to chil- mental illness who interface with the STAR also has an early child- in 2000, she said that 98 percent of all dren ages six months to eighteen years. criminal justice system. A pilot proj- hood program that helps families and children leaving the hospital have had a He said that between 10 and 25 percent ect is underway in Northern Kentucky pre-school programs to maximize pro- hearing screening. The Commission col- of the school children in Kentucky are to identify ways to intercept individuals

22 2008 Interim LEGISLATIVE RECORD with severe mental illness and co-occur- Senator Roeding stated that the the federal Office of Minority Health ap- virtual net of protection and information ring disorders to ensure that they have data system should be statewide and plication requires Kentucky to propose with greater access to statistics and in- prompt access to treatment; opportu- able to cross state lines. He said that and implement a project which address- formation across many different agencies nities for diversion; timely movement HealthRidge in Northern Kentucky is an es at least one of the Office of Minor- than had ever been possible before. As through the criminal justice system; example of the ability to utilize data be- ity Health expectations; addresses an one example, he cited the problem that and, linkage to community resources. tween hospitals in Northern Kentucky Office of Minority Health priority area; existed when corrections released an in- The program is working to coordinate and the greater Cincinnati area. He likes and, focuses on improving coordination dividual. If that individual crossed paths the activities and responses of local law the stabilizing period and follow-up with and linkages. She stated that the priority with the criminal justice system again, enforcement, jails, courts, and the com- the individual. area that was chosen was infant mortal- corrections would not know this until munity and is working with state and lo- Representative Marzian stated that ity; but, other issues would be also be after a conviction. There was no way to cal partners. The recidivism rate is high the Justice Cabinet should spend more addressed. Dr. Shepherd stated that Ken- access information on individuals who among mentally ill individuals; and, the funds for community programs because tucky chose infant mortality because it is had been released and their current sta- hope is that efforts like this project will individuals need a place to go for re- on the rise again. tus. Kentucky is the first and only state help reduce costs and overcrowding in sources. Judge Thomas said that more A motion to adjourn at 11:38 a.m. in which all of this type of information the jails. The project is funded by a plan- funds need to be spent initially instead was made by Senator Roeding, second- is under one umbrella. Bringing all of the ning grant from the Health Foundation of of waiting for the problems to escalate. ed by Senator Denton, and adopted by contracts under one in the Justice Cabi- Greater Cincinnati. The grant will fund a Ms. Hillman stated that there is nation- voice vote. net allowed the realization of more effi- conference to be held in April 2009 and al data that indicates there are savings ciency under the Justice Cabinet budget. a strategic planning meeting to include when programs are in place to help indi- INTERIM JOINT COMMITTEE Secretary Brown introduced Mike Davis. national experts. viduals. Senator Denton stated that the ON JUDICIARY Mike Davis, the President of Ap- As part of the project, a regional Justice Cabinet should be included in the Minutes of the 4th Meeting priss, stated that this company started mental health court has been estab- partnership, and Ms. Hillman stated that of the 2008 Interim in Jefferson County with VINE, the vic- lished that includes Boone, Kenton, and the Kentucky State Police; Department October 21, 2008 tim notification program in Kentucky, Campbell counties. Judge Karen Thom- of Corrections; and, the Department of The 4th meeting of the Interim and has grown in the last 15 years. Now, as spoke about how the mental health Criminal Justice Training are all state Joint Committee on Judiciary was held 39 states have followed Kentucky’s lead court will function and the planning that partners. Senator Denton stated that on Tuesday, October 21, 2008, at 10:00 in victim notification, and the company went into getting the court set up. In the mental health courts would save AM, in Room 171 of the Capitol Annex. has grown from a two-person company this pilot phase, the mental health court up-front funds. Ms. Ruggles said that it Representative Kathy W. Stein, Chair, to 300 employees in order to service all will handle approximately 30 cases. is a cost savings to the community, and called the meeting to order, and the sec- of these states. The first three programs Senator Denton asked about the lo- it identifies individuals who utilize the retary called the roll. involved victim notification. VINE keeps cation and funding amount of the grant. most programs. Present were: victims informed about offenders in cus- Ms. Hillman stated that the $50,000 Representative Wuchner stated Members: Rep. Kathy W. Stein, tody. VINE Courts informs victims about grant would be utilized in Northern Ken- that case management is a crucial com- Co-Chair; Rep. Greg Stumbo, Vice-Chair; upcoming court hearings, and VINE Pro- tucky. Senator Denton asked how the ponent. The state loses money for in- Sen. Perry B. Clark, Sen. Carroll Gibson, tective Order alerts victims when protec- grant funds would be used. Ms. Ruggles carceration. Judge Thomas said that an Sen. Ray S. Jones II, Sen. Jerry P. Rhoads, tive orders are served, as this can be the stated that the purpose of the $50,000 individual does not have to be in jail to Sen. Dick Roeding, Rep. Kevin D. Bratch- most dangerous time for the victim. Mr. grant is to establish a state level adviso- receive services, just somewhere in the er, Rep. Joseph M. Fischer, Rep. Mary Lou Davis stated that this program would ry committee, in partnership with local justice system. Marzian, Rep. Darryl T. Owens, Rep. Ste- have lost its funding under a federal grant Health Foundation Criminal Justice/Be- The subcommittee also had an up- ven Rudy, Rep. Robin L. Webb and Rep. if Public Safety First had not stepped in. havioral Health grantees that will focus date on the newly established Office of Brent Yonts. Another program Appriss offers is on the Sequential Intercept Model and Minority Health by Dr. Ruth Ann Shep- Guests: J. Michael Brown, Secre- the JusticeXchange, which shares of- how each of the programs fits into this herd, Division Director, Division of Ma- tary of the Justice and Public Safety Cab- fender information from throughout the model. The advisory committee will ad- ternal and Child Health, Department for inet; Mike Davis, President of Appriss; country with law enforcement. This pro- dress cross-training needs in each pro- Public Health, Cabinet for Health and Trey Grayson, Secretary of State; Jason gram monitors over 80% of all inmates gram, data sharing among stakeholders; Family Services; Joy Hoskins, RN, BA, Underwood, National Notaries Associa- in the U.S. that are in jails or prisons, and, outcome measures for this special- Assistant Division Director, Division of tion; Gatewood Galbraith, Attorney at making it the only center that has this ized system of care. The advisory com- Women’s Health, Department for Public Law; Professor Robert G. Lawson, Uni- information in real time, and over 40 mittee will plan a statewide conference Health, Cabinet for Health and Family versity of Kentucky College of Law and states are participating in this program. for key stakeholders. National experts in Services. The state has received a grant Ray Larson, Fayette County Common- This program is very valuable to law program development and implementa- from the federal Department of Health wealth Attorney. enforcement, particularly when officers tions utilizing the Sequential Intercept and Human Services to establish the of- LRC Staff: Norman W. Lawson, are attempting to locate an offender. Model as a framework will be invited. fice in order to address health dispari- Committee Staff Administrator, Ray De- Another program, MethCheck, helps to Following the conference, the National ties and health needs of racial and eth- Bolt, Joanna Decker, Jon Grate, Carolyn identify in real time when cold medicines GAINS Center will host a two-day stra- nic minorities in Kentucky. One of the Gaines, Secretary, and Andrew Howell. are sold so law enforcement can identify tegic planning retreat to conduct a sys- objectives with establishing the Office Chairman Stein moved to the first meth labs. SONAR is a program that im- tems mapping exercise and to develop an of Minority Health is to improve state- presentation on the agenda, regarding proves the management of sex offenders action plan for future program develop- wide communication and collaboration the Justice and Public Safety Cabinet’s and improves the accuracy of informa- ments designed to reduce the numbers of regarding minority health issues. The Public Safety First initiative. The two tion regarding public notification about persons with behavioral health disorders Office of Minority Health will also seek invited speakers were J. Michael Brown, sex offenders. Finally, AlertXpress is a who are inappropriately incarcerated. to identify and establish collaborations Secretary of the Justice and Public Safety program that provides rapid emergency Senator Denton asked about the for dissemination of minority health in- Cabinet, and Mike Davis, President of notification for people living near custo- criteria for the mental health courts. formation, including the Kentucky Com- Appriss. dial institutions. Judge Thomas stated that in order to ap- mittee of the National Partnership for When Secretary Brown began with pear before the mental health court, a Action to Eliminate Health Disparities. Secretary Brown began his presen- the Cabinet, the programs used by the person would have to be a non-violent Initially, the priority area for the office tation by stating that in April 2008, he state were scattered throughout differ- offender, a non-sex offender, or someone will be to implement a project to reduce noticed that some of the law enforce- ent agencies. The Department of Cor- who does not have a diagnosis of true health disparities in infant mortality, in- ment programs that Appriss provided rections, the Department of Homeland psychotic issues. An evaluation of an cluding alignment with the federal Health the state were being utilized under fed- Security, Kentucky State Police, and the individual would be conducted to deter- and Human Services Blueprint for Action eral grants provided by Homeland Secu- Office of Drug Control Policy all had mine the most appropriate action. The on Infant Mortality. The grant funding is rity, some of which would be drying up in some of these programs. Public Safety Northern Kentucky mental health court for one year. the near future. He also learned that the First was an initiative to combine all of can only take 30 cases because of a lack Representative Marzian asked if in- programs were being used in a piecemeal the programs to offer more technology of funds and the personal involvement fant mortality would be the only issue to fashion by many different agencies. The for less cost and bring all of the pro- with each offender. be considered. Ms. Hoskins stated that Secretary saw an opportunity to create a grams under one umbrella at the Cabinet

THE KENTUCKY GENERAL ASSEMBLY 23 level. All of these services are currently Rep. Webb raised concerns about bill that was introduced by Rep. Simpson tary Grayson stated that the seal looks functioning in the state. In the first 12 unlimited access to the technology and during the last session. He stated that more official and offers greater protec- months, $545,000 in service fees have information offered by these programs the goal of this bill is to strengthen Ken- tion. Mr. Underwood pointed out that been reduced and negotiated based on and wanted to know if there would be tucky’s notary laws for the 21st century. under the e-notary provisions, there may expanded services, and over the first two any safeguards that would be created to The current version of the bill would not need to be a seal requirement. years, there will be more than $835,000 guard against abuse. Secretary Brown heighten eligibility requirements for no- Rep. Webb expressed concern that in fee reductions. clarified the phrase unlimited access to taries. The Secretary noted that there is additional requirements imposed on no- Mr. Davis spoke next regarding the mean that the state would not be limited no current requirement for a notary to taries may pose problems in rural areas, JusticeXchange program. Before Pub- to 600 licenses; it did not mean unlim- be a United States citizen, and there is where it would be more difficult to have lic Safety First, the state had procured ited access to anyone who is not within no definition for “good character.” Also, access to notaries. She questioned the 600 licenses to be used among local and the law enforcement community. Rep. the bill would require the utilization of impetus for this legislation and wanted state law enforcement agencies to use Webb wanted to know if there is some a unique identifier for each notary so to know if there had been more fraud or this program. These licenses had to be way to track the access to information. they are easier to track down, and the undesirable notaries. Mr. Underwood used carefully because there were not Mr. Davis responded that anytime infor- bill would require each notary to use a pointed out that in Kentucky there is enough to go around. Under the Public mation is accessed from the programs, it seal as well as a journal to record all no- no centralized database for determin- Safety First initiative, the license pro- is recorded. tarizations. ing who is a notary, as this is a county gram was renegotiated into an unlimited Rep. Webb asked if there were any Secretary Grayson then introduced responsibility. In response to comments enterprise license, with a savings of 22% administrative criteria to accommodate Jason Underwood, who represents the from Rep. Webb, Secretary Grayson re- in fiscal 2009 year, with as many users the tracking of the access to these pro- National Notaries Association, to dis- plied that a centralized database could as the Cabinet wishes. Some of the real grams. Secretary Brown responded that cuss electronic notarization, which is not be created, as he could not require world uses for this program are: collect- no new regulations would be necessary, not in the current version of the bill. counties to do that. Rep. Webb com- ing child support, locating sex offenders, as there was no change in the access, Mr. Underwood began his presentation mented that creating a database would serving warrants, locating missing per- as pass codes, usage, and training were by noting that the County Clerks’ As- be a better place to start rather than sons, and finding murder suspects who already in place. The Cabinet can get re- sociation and other groups were also imposing new requirements on notaries. are located in other states. By expand- ports on who has been on the system interested in e-notarization as a way to Mr. Underwood replied that his group is ing the program’s availability to more and what they were looking for. modernize the system and promote the considering a pilot program for the elec- law enforcement, this program will help Rep. Webb asked if access would ease of transferring instruments across tronic portion of the bill for counties that solve a lot of crimes and locate offenders. be limited to law enforcement. Mr. Davis state lines. He stated that e-notariza- have the capability for this. Secretary Federal funds for this program will not responded that some prosecutors have tion consists of two parts: the electronic Grayson commented that they have been have been available in the near future, access to it, but it is mostly used by law signature and the electronic journal. The working to strike the proper balance of and Kentucky would have lost all access enforcement and investigative agencies electronic signature is to be unique to strengthening the requirement by mak- to this information had it not been for with the state. each notary, independently verifiable, ing it more meaningful to the consumer Public Safety First. Rep. Webb said she would like to and tamper evident. Licensed attorneys as a consumer protection device without Next, Mr. Davis spoke about the see this technology taken to Congress would be exempt unless they opt in. being too burdensome for notaries and SONAR program. Kentucky’s current for legislation to help track prescription The electronic journal would be under individuals protected by notaries. sex offender notification program allows pills through commerce to help deal with the control of the Secretary of State as Rep. Owens asked whether there people to sign up to be notified if a sex prescription drug abuse. a centralized database. Next, Mr. Under- would be two different types of notaries, offender moves into a specified zip code. For the next presentation, Rep. wood gave some reasons why e-notari- the usual notary and the e-notary. Secre- A zip code is a large geographic area, Stein introduced Secretary of State Trey zation was needed. Secure e-notariza- tary Grayson replied that there would be and notification that a sex offender has Grayson for his presentation on legisla- tion allows electronic documents to be two different categories, and that there moved into a specific zip code may not tive proposals for 2009. proved in court because documents can would be an extra step to be an e-notary. be very helpful to the public. The Public Secretary Grayson began his presen- be tested for alterations. This e-signature Rep. Owens expressed concern that this Safety First improvements include map- tation by referencing the bill proposed by would be encrypted and difficult to tam- may be a slippery slope in that the e-no- ping of the offender address and email his office in the previous session, SB62 per with. E-notarization also provides tary may also be required eventually. notification based on a specified radius that provided for address confidential- trustworthiness, efficiency, and forgery Rep. Stein welcomed the newest from the citizen’s home. This program ity for victims of domestic violence. His protection. member of the committee, Rep. Mar- also sends out automated reminder calls office is working to improve the bill for Rep. Stein asked for an example of zian. to sex offenders when they are supposed reintroduction in 2009. This bill would a unique identifier for each notary. Sec- The next speaker, Gatewood Gal- to register according to state and federal allow crime victims and their families retary Grayson responded that this will braith, wished to speak on some things law. to engage in common activities, such be an identification number assigned to that were discussed in the Penal Code Regarding MethCheck, Mr. Davis in- as voting, without fear of being tracked a notary which would also create a way Subcommittee the day before. His ad- formed the committee that this program down by the offender. Voter registration to distinguish between notaries with vice on penal code reform was that the was deployed June 1, 2008, and had al- lists are public record, and in some cas- similar names. legislators should not listen to lobby- ready blocked the attempted purchases es, certain information is searchable on- In response to questions and con- ists for private prisons, as it is in the in- of illegal amounts of pseudoephedrine, line. An offender could type in a person’s cerns from Rep. Yonts regarding the terest of the private prisons to keep as enough to produce more than 12,000 birth date and name and get the corre- criminal penalties surrounding the jour- many people in prison as possible for a grams of meth with a street value of $1.2 sponding address. The bill would create a nal requirement, Secretary Grayson in- profit. Next, he said the subcommittee million. program to provide a substitute address formed him that the penalty for failure should look at changing the parapherna- Rep. Webb asked where the cost to be used by governmental entities to keep a journal was a misdemeanor lia law. It is his opinion that a second savings came from and what is intended for voting and mail purposes. Secretary and explained that attorneys are exempt time paraphernalia offense constitutes a over the next biennium. Mr. Davis re- Grayson noted that 23 states currently from this requirement because attorneys felony and is absurd. The third issue he sponded that the cost savings originated have a similar program and that his office have a heightened burden under the addressed was the PFO (Persistent Felo- from the renegotiation of the contracts is working to improve the bill to clear up Code of Professional Responsibility to ny Offender) law. Mr. Galbraith believes the state already had and cost reduc- language regarding program eligibility, refrain from notarizing improper docu- that in order to charge someone as a per- tions to the state. For example, the Jus- among other things. The Secretary of ments. Rep. Yonts continued to express sistent felony offender, there should be ticeXchange program was reduced about State is considering the possibility of ini- concern for the misdemeanor penalty an initial violent act, not just any felony. $100,000. Rep. Webb asked Secretary tiating this as a pilot program. Secretary and the effect that might have on the Finally, he stated that marijuana should Brown to describe how this would im- Grayson pointed out that this program costs of incarceration for local jails. He not be categorized as a Schedule I, no pact the state’s budget. Secretary Brown would create no financial impact on cur- recommended changing the penalty to medical use drug. Fifteen states and the responded by saying that these programs rent budgeted funds, and that his office a fine, and Secretary Grayson agreed to American Academy of Physicians have will be funded and implemented via sav- currently has the staff and structure to consider that suggestion. recognized its medical utility. He finished ings and initiatives in other parts of the maintain this program. Rep. Owens asked why there should by saying that the legislators need to un- Cabinet, so there would be no necessary The second legislative proposal pre- be a requirement for a seal if each notary derstand the true nature of addiction to budget increase. sented by Secretary Grayson is a notary has a unique identifying number. Secre- deal with this problem.

24 2008 Interim LEGISLATIVE RECORD The next topic of discussion was Professor Lawson also suggested service, as the crime rate is almost iden- be made in the budget bill. the PFO laws, and the speakers were that sentencing guidelines and sentenc- tical today as 35 years ago. Professor Representative Webb suggested Professor Robert G. Lawson from the ing commissions be examined. He also Lawson said that there are approximately that rehabilitation will not work on those University of Kentucky College of Law recommended reading “Unlocking Amer- 2.5 million inmates in the United States criminals with other factors, like mental and Ray Larson, Commonwealth’s At- ica” by the JFA Institute. This new model and that approximately 500,000 inmates illness, addiction or brain injuries. She torney of Fayette County. Professor contemplates almost a complete elimi- are released yearly. These inmates are then asked about Fayette County’s appli- Lawson suggested that there are too nation of the parole system, like the fed- worse after being released from prison, cation of the PFO law. Mr. Larson stated many people being incarcerated in the eral system did in the 1980’s. Professor and they are being released into an inad- that his office has been utilizing a rapid state, and Kentucky has the highest rate Lawson does not necessarily agree with equate reentry system. This is a public disposition program for people charged of increase in the inmate population in this aspect, as he feels that a release de- safety issue. with certain Class D felonies. For certain the nation. Over the last four years, the cision may sometimes best be made by Senator Jones commented about charges, his office will allow a person to state has added approximately 5,000 to someone with all of the pertinent facts the explosion of drug-related offenses in plead guilty without being charged as a 6,000 inmates. The Penal Code has been and information on an inmate. However, Eastern Kentucky in recent years, and the PFO. Rep. Webb finished her remarks by modified many times over the years, the system today is so overloaded, that fact that there is no end in sight. There defending the language that was added usually with increases in penalties. He it would seem a heavy burden on the are not enough probation or parole offi- to the budget bill as a type of pilot pro- is concerned about the fairness of the few Parole Board members that we have. cers in place to monitor these people. He gram, and that these initiatives were not penalties and the overcrowding of jails Professor Lawson said his main problem stated that the public wants to criminal- novel, as they had been implemented in due to the fact that prisons are full. The with the current parole system is that ize everything, but it might be better to other states. current number of long-term inmates in state inmates incarcerated in jails do not find alternatives to incarceration. Sena- Representative Stumbo disagreed Kentucky jails is approximately 7,500, see the Parole Board face-to-face. Rather, tor Jones wanted to know how to go with Professor Lawson’s hypothesis that and Professor Lawson expressed concern a decision regarding parole of these in- about gaining control of young individu- the inmate population increase is mostly that rehabilitation efforts are inadequate mates is based on paper reports. als who are convicted of felonies, which due to the application of the PFO law. He and that the re-entry program is weak. Professor Lawson further stated leads to a whole host of other problems. commented on the explosion of the in- Professor Lawson stated that he has un- that it is most imperative for inmates to He also asked how to deal with the drug mate population and believes it is relat- dergone a major task of writing with re- be rehabilitated and educated due to the epidemic. Professor Lawson stated that ed to drugs and other factors. He asked gards to PFO (persistent felony offender) fact that the average reading level of all he believes the drug problem in Kentucky that the Judiciary Committee staff draw laws, receiving much opposition as a re- inmates is on a mere sixth-grade level. has been exaggerated and that, according parallels to the number of drug offenses sult. Professor Lawson said that the law Reducing the number of people the state to a recent University of Kentucky study, to other crimes, stating that a boom in has changed much since the first Penal is locking up will free up the funds for re- there is no methamphetamine epidemic drugs is equal to a boom in crime and Code was enacted in 1974. habilitating inmates. The last prison the in Kentucky. Professor Lawson reiter- number of prisoners. state built cost about $90 million. ated that in order to improve treatment Representative Stein added that the Professor Lawson suggested selec- Representative Owens said that and rehabilitation efforts for addicts, it public must be kept safe and that chil- tive reform, with a particular emphasis there was an uneven manner with which is imperative to reduce the number of dren must be educated at an early age in two areas. First, the PFO laws con- individuals are charged with PFO. He persons incarcerated. Senator Jones fur- with regards to drugs. Senator Rhoades tribute heavily to the increase in the asked whether it would make sense ther stated that Eastern Kentucky is be- stated that rehabilitation must be con- inmate population. He called attention to require a PFO charge to be a higher ing decimated by a high number of drug tinued and that it is uplifting to attend to an article he has written that focuses level felony. Professor Lawson respond- overdoses and wanted to know how to a drug court graduation. Representative on the PFO law and how it has changed ed that there is a problem with justice deal with the problem of drugs there. Stumbo suggested that there needs to be since 1974. The article also compares by geography, which relates to the fact The next speaker was Common- a program implemented to keep kids off Kentucky’s law with the laws in 15 other that where a person is prosecuted will wealth’s Attorney of Fayette County, Ray drugs, and that funding is needed for the states and shows that Kentucky’s law is dictate the application of the PFO law. Larson, who addressed Senator Jones’ education and treatment of drug abus- broader. His particular concern is how Originally, the PFO law was to be for concerns. Mr. Larson believes that the ers. the law is being used, especially against rare, extraordinary use. In 1974, the primary purpose of government is public non-dangerous non-serious offenders. PFO law would not be used until there safety. He is concerned that first-time of- The meeting was adjourned at ap- Second, his opinion is that the drug laws were three convictions, and the first two fenders are not incarcerated and that 5% proximately 12:40 P.M. need a total overhaul. convictions required separate periods of to 6% of offenders commit 50% to 80% Representative Yonts inquired as to imprisonment. At this point, rehabilita- of the crimes. These types of offend- what impact the Parole Board has had tion was not the proper objective. Most ers are the ones against whom the PFO INTERIM JOINT COMMITTEE on the increasing inmate population and other states’ PFO laws require a previous law should be used. Mr. Larson further ON JUDICIARY whether this needs reform. Professor “serious” or “violent” offense, and the stated that the Parole Board really deter- Minutes of the 5th Meeting Lawson replied that he looked at data PFO law still cannot be used unless there mines the length of the incarceration of of the 2008 Interim since 1980 regarding statistics, hearings were multiple previous convictions. Pro- a convicted inmate. Commonwealth At- November 18, 2008 and annual Parole Board reports. Pro- fessor Lawson stated that we need to get torney Larson indicated that crime has The 5th meeting of the Interim Joint fessor Lawson said that there had been away from the routine use of the PFO increased 15% in recent months in Fay- Committee on Judiciary was held on a toughening of attitudes and that the law to jack up penalties against non- ette County. Three and a half years ago, Tuesday, November 18, 2008, at 10:00 number of granted paroles has dropped serious, non-violent offenders. This will Mr. Larson started a program that meets AM, in Room 171 of the Capitol Annex. and there has been an increase in serve- have a great impact on the incarceration with parolees and probationers every Senator Robert Stivers II, Chair, called out orders. It is his opinion that no re- numbers. Professor Lawson sated that other Tuesday. They meet with people the meeting to order, the secretary called form of the laws will be quick or easy. He the original intent of the penalty ranges in substance abuse programs, vocational the roll, a quorum was present, and the believes the sentencing laws need to be is to take into account what a defendant education programs, and job assistance minutes were approved. reexamined, as they are out of sync with has done before, rather than just give the programs. Mr. Larson suggested that Present were: attitudes of today. The current code was maximum amount. 67% of all prisoners in the United States Members: Senator Robert Stivers enacted with indeterminate sentencing, Representative Bratcher said that who have been released from prison will II, Co-Chair; Representative Kathy W. with the idea of rehabilitation at the top most people prefer incarceration, not return to prison within three years, and Stein, Co-Chair; Senators Perry B. Clark, of the list. Today, punishment is at the rehabilitation. Professor Lawson replied that 44% of prisoners who have been Gerald A. Neal, Jerry P. Rhoads, Dan top of the list. These tougher penalties that he thought the public led the direc- released from prison in Kentucky will Seum, Katie Stine and Jack Westwood; are at odds with the rehabilitative model tion of the war on crime and that since return to prison in that time. In Fayette Representatives Kevin D. Bratcher, Jesse that is at the core of the indeterminate the 1960’s and 1970’s, or for a period of County, with the people involved in that Crenshaw, Stan Lee, Mary Lou Marzian, sentencing laws. There is a new model approximately 35 years, the law has been program, that number goes down to Darryl T. Owens, Steven Rudy, Greg code by the American Law Institute that tough on criminals. Thirty-five years 20%. Mr. Larson emphatically stated Stumbo, John Vincent, Robin L. Webb addresses this problem of sentencing ago, we had about 3,000 inmates, and that there must be consequences the and Brent Yonts. laws being out of sync with philosophy. at this time, we now have approximately first time every time a crime is commit- LRC Staff: Norman W. Lawson, He suggested that the legislators exam- 21,500, or over seven times as many. ted. He also stated that if a change is CSA; Ray DeBolt, Joanna Decker, Jon ine this. This has not served a public protection made in the PFO laws that it should not Grate, Carolyn Gaines, Secretary, and

THE KENTUCKY GENERAL ASSEMBLY 25 Andrew Howell. ed that the court system has eliminated issue, and that the client’s defense at- further observed that the judges who are The first speaker was Chief Justice 73 positions at the headquarters of the torney needs to be a continued part of retiring will place a heavy burden on the John Minton, Jr. of the Supreme Court Administrative Office of the Courts in the drug court process. Representative Judicial Retirement System but that the of Kentucky. At Senator Stivers’ request, Frankfort and elsewhere in the state. Ad- Webb then commented that she objects costs to the court system will remain the each Justice of the Supreme Court of ditional cuts in personnel might be det- to the use of Senior Status Judges to same because any new judge who is ap- Kentucky introduced themselves and rimental to such vital programs such as hear cases at the Court of Appeals level. pointed or elected will receive the same identified their respective district. The drug court programs and pretrial diver- Representative Webb observed that she salary and benefits as the retiring judge. President of the Kentucky Association of sion programs which provide an alterna- felt that the purpose of the Senior Status Representative Stumbo indicated that he Circuit Court Clerks and the Clerk of the tive to incarceration, provide defendants Judge program was to provide a judge on has heard rumors that there is an effort Supreme Court were also introduced. with treatment, employment, and deter an emergency or temporary basis when to save money by not replacing the re- Chief Justice Minton began his pre- them from a life of further crime. the normal judge was sick or injured, got tiring judges by not convening a Judicial sentation by stating that the duty of the Chief Justice Minton then cited indicted, or was otherwise unavailable. Nominating Commission to give names Supreme Court is to separate itself from other new improvements and cost sav- Representative Webb commented that to the Governor. Senator Stivers com- politics, but at the same time he wants ings include an automated jury manage- she is opposed to a “hybrid” system of mented that the Chief Justice convenes a constructive relationship between the ment program which selects jurors, sends elected and unelected judges, that this the Judicial Nominating Commission in court and the General Assembly. notices, and pays costs in 77 counties; creates the appearance of impropriety, the case of a vacancy, that the Judicial Chief Justice Minton then de- a felony mediation program which uses and that nonelected judges are not ac- Nominating Commission submits three scribed the implementation of the pay Senior Status Judges to come to a judi- countable to the public. names to the Governor, that the Gover- improvements for Deputy Circuit Clerks cial circuit with high caseloads to assist Senator Stivers commented that the nor selects a person from the list, and authorized by 2008 HB 408. Chief Jus- in helping Commonwealth’s Attorneys Drug Court program is a voluntary pro- that if the Governor does not act within tice Minton indicated that the program and defense attorneys to arrive at plea gram entered into by a defendant with 60 days that the appointment is to be authorized a one-time $3,700 increase bargains for defendants which has re- the advice of his counsel and, in his view, made by the Chief Justice. Representa- for deputies which helped to bring clerk sulted in an 88% plea bargain rate; the does not create a due process problem. tive Vincent observed that he, too, had salaries in line with what similar em- introduction of an E-Pay system whereby Representative Crenshaw complimented heard that retiring judges may not be ployees in county government were court filing fees, costs, and other mon- the Chief Justice on his implementation replaced and that the position would making. Other features of HB 408 which etary fees can be paid by the Internet or of the salary increase for deputy clerks. remain vacant filled by a Senior Status the court has implemented include: by telephone; an expansion of Jefferson Senator Seum indicated that he supports judge until a new judge is elected, and Raising the civil filing fee and associated County’s E-Warrant system to a state- a team effort between the General As- that a new judge would ultimately be fees to fund court operations which has wide system enabling law enforcement, sembly and the court system but that elected as required by the Constitution. brought in $5 million and is on target; prosecution, and the courts to easily actions of the General Assembly in cre- The Chief Justice responded that no de- authorizing a request for proposals (RFP) determine whether a person has a war- ation of new crimes and requirements cision has been made on this matter. to have a private collection agency at- rant and which will allow judges to issue have resulted in unfunded mandates to Representative Owens asked that tempt to collect unpaid fines, fees, and warrants through the computerized E- the courts and to governments, that the if civil actions and criminal proceedings costs which are due the court system; Warrant system by computer or I-phone, government should be more tolerant of will not be used to collect monies due and reported progress in the selection delete warrants, and make other needed people’s lifestyles, and that attempts to the court system, how will anything be of a sculptor to create a bust of the late changes by reducing paperwork and in- criminalize stupidity breed contempt for collected? Ms. Dudgeon responded that Justice McAnulty. creasing the speed of the criminal justice the criminal justice system and for the ordinary collection practices will be used, Chief Justice Minton next described system. Another improvement cited by court system. Senator Seum compli- that the RFP contains a code of conduct a problem where County Attorneys were Chief Justice Minton is the revitaliza- mented the Chief Justice and the Office for collectors forbidding threatening civil operating unauthorized traffic court tion of the Judicial Council consisting of Homeland Security for implementing or criminal action and similar matters. and other diversion programs, charg- of judges, legislators, lawyers, public of- the E-Warrant system statewide and ex- Discussion then returned to the matter ing fees, and using the funds to operate ficials, and citizens as a sounding board pressed the hope that the system would of Senior Status judges and how many the County Attorneys offices. Chief Jus- and strategic think tank with the goal of reduce the backlog of unserved war- judges are expected to be in the program tice Minton described the statutory and making the court system a model of ac- rants. as of the end of the year to which the court authorized diversion programs for countability and service to the public. Representative Yonts asked about Chief Justice responded that he expected felony cases and indicated that in any di- Chief Justice Minton commented that he the Request for Proposals to collect about 90 participants. Senator West- version program no funds should be paid wants to partner with the General As- costs, how much this would return in wood asked how many cases are traced to any outside source but should be paid sembly to help the court system serve unpaid costs, the costs of collection, the to drug and alcohol abuse. The Chief to the court system directly. the public and to appear frequently be- methods of collection, whether the col- Justice responded that he did not have Chief Justice Minton reported that fore the appropriate committees of the lectors would use civil suits or criminal an exact number but that alcohol and during the last fiscal year that 1.23 mil- General Assembly. proceedings to collect the funds, and drugs are a factor in many civil, crimi- lion new cases were filed in Kentucky The floor was then opened for how the program would work. Laurie nal, and family court cases, that drug trial courts and that this filing level is questions by members of the commit- Dudgeon, Deputy Director of the Admin- intervention services are needed rather increasing by 40,000 cases yearly and tee. Representative Webb praised the istrative Office of the Courts, responded than incarceration. Senator Westwood commented that this is an all time high. Chief Justice for his “Lincolnesque” style that the RFP is initially for a few pilot commented that we need to concentrate Chief Justice Minton observed that the of management and then commented counties to see how the program will our efforts on adolescents, immediate operation of a fair, equitable and court that she does not see a need for a felony work, that an 11% collection rate is intervention, and avoiding these persons system has risen from 25th priority goal mediation program since this matter is anticipated, that the amount collected having a felony record. The Chief Justice to 9th priority goal in a recent report by normally handled by direct negotiations depends on how far back attempts to responded that while Drug Court has the LRC Long Term Policy program. between the defendant, defense attor- collect unpaid funds extend, that civil been an adult program that it is now ex- Commenting on budget matters, ney, and Commonwealth’s Attorney actions and criminal proceedings are not panding to juvenile court. Senator Perry Chief Justice Minton explained that the without the necessity for intervention contemplated and that the first contracts Clark asked Ms. Dudgeon if there was a Court of Justice will use all of its restrict- by a Senior Status Judge. Chief Justice are expected to be let in mid-December. program to “stifle” a backlog of cases be- ed funds this year, that the impending Minton responded that the criminal me- Representative Yonts then commented fore it became a problem. Ms. Dudgeon deficit in 2011 will be $37.5 million of diation program is not utilized in a coun- that he had heard that 45 additional responded that this is one of the goals which $15 million in deficit relates to ty unless it is requested by the Circuit judges may retire by the end of the year of the E-Warrant program which is being the opening of courthouses already au- Judge and the Commonwealth’s Attor- and seek Senior Status. Chief Justice driven by the Office of Homeland Secu- thorized for construction. Chief Justice ney. Representative Webb observed that Minton observed that he feels that the rity as well as the caseload management, Minton explained that while the court while she is a drug court supporter that number is correct, that some judges will jury management, and other programs system would like to avoid layoffs that she is concerned that once a defendant retire and not seek Senior Status, and being implemented by the Administra- reducing the personnel costs of the court enters the drug court program that the that the Senior Status judge program is tive Office of the Courts to identify prob- system is one of his priorities since per- defense attorney is frequently shut out scheduled to sunset on January 31, 2009 lems and solve them rapidly. Representa- sonnel costs involve 88% of the court of further contact with the defendant, unless the program is extended by the tive Stumbo asked if there will be enough budget. Chief Justice Minton comment- that this may become a due process General Assembly. Chief Justice Minton work for 90 Senior Status judges. Ms.

26 2008 Interim LEGISLATIVE RECORD Dudgeon replied that this was part of the seconded that the subcommittee report of the penitentiary and that it is uncon- General Assembly would not enact the challenge of her job and that the goal of be received and adopted by the commit- stitutional to hold the 7,400 prisoners bill without a two year delay in its imple- the court system was to eliminate the tee. The motion passed on a voice vote. in county jails. Commenting on a 1988 mentation for further study. The Gen- backlog of cases in five years. Senator Neal then moved and Represen- Supreme Court of Kentucky opinion, Jus- eral Assembly directed the Governor to tative Webb seconded that the report of tice Palmore observed that the Supreme appoint a further advisory committee Senator Stivers then asked the Chief the subcommittee be transmitted to the Court doesn’t have any more right to vio- which revised the 1972 document which Justice about the American Bar Associa- Legislative Research Commission. The late the constitution than he has. Justice was subsequently enacted by the 1974 tion standards for judicial caseloads and motion passed on a voice vote. Palmore suggested that more persons be General Assembly. the need to redistribute judicial positions The meeting was adjourned at released from prison and persons in jails The 1974 Penal Code had three seg- and observed that a Circuit Judge should 11:45AM. be returned to prisons. Justice Palmore ments. The first six chapters of the code have an annual caseload of 700 to 900 also suggested that private prisons also contained general principles of criminal cases while a District Judge should have INTERIM JOINT COMMITTEE violate the constitution. Justice Palmore law, and Professor Lawson observed that an annual caseload of 3,500 to 4,500 ON JUDICIARY suggested several options to correct these chapters have not changed very cases. Chief Justice Minton observed Subcommittee on the Penal Code the situation: amend the constitution, much over the years and do not need that the federal government has gone and Controlled Substance Act build more prisons, or reduce the prison revision. The second segment consists exclusively to E-filing of cases and that Minutes of the 1st Meeting population. We now incarcerate 1,000 of approximately 20 chapters which we need to look at reallocation of as- of the 2008 Interim more prisoners each year than we release contain the actual criminal offenses ar- sets. Senator Stivers observed that 40 to October 20, 2008 from prison. This resulted in the Patton ranged from the most serious offenses 50 years ago Harlan County had 90,000 The 1st meeting of the Subcommit- administration using budget provisions to the lesser offenses. The offenses of residents, a thriving coal business, and tee on the Penal Code and Controlled enacted by the General Assembly releas- homicide, robbery, and kidnapping have heavy caseloads and that this is not the Substance Act of the Interim Joint Com- ing prisoners early to reduce overcrowd- changed little over the years but through- situation today. Senator Stivers further mittee on Judiciary was held on Mon- ing. Justice Palmore observed that the out the criminal offenses there has been observed that this creates a situation day, October 20, 2008, at 10:00 AM, in Persistent Felony Offender statutes have a pattern of elevating misdemeanors to which might be ripe for a suit questioning Room 171 of the Capitol Annex. Senator been tightened to lengthen sentences felonies and increasing felony levels for the right to due process. Senator Stivers Gerald A. Neal, Chair, called the meeting and commented that “longer sentences subsequent offenses. The third segment also recommended the use of mandatory to order, and the secretary called the roll. won’t do it anymore.” consisting of three chapters relates to bail in misdemeanor cases, that a $500 A quorum was not present at the time Justice Palmore suggested that sentencing and has changed the most. bail bond in such cases is appropriate, the roll was called; however, a quorum prisoners need to be moved from jails Professor Lawson observed that cohe- but that a $10,000 bail bond designed was present later in the meeting. to prisons and revise the whole struc- sion has been lost and penalties are lon- to keep a person in jail prior to trial was Present were: ture of the criminal law. Justice Palmore ger than ever before. not. Chief Justice Minton responded Members: Senator Gerald Neal, recommended that the General Assem- Professor Lawson indicated that that he favors studying where and how Co-Chair; Representative Jeff Hoover, bly read the articles written by Professor one of the most important changes was to best use current resources, but that it Co-Chair; Representative Kathy Stein, Robert G. Lawson and pay attention to in the adoption of truth in sentenc- will take courage to reallocate the work- ex officio; Senator Dick Roeding, Rep- what Professor Lawson has to say. Jus- ing legislation, the violent offender law, load, that current judicial circuit lines are resentative Joseph Fischer, Representa- tice Palmore, commenting on the effort which is not in the Penal Code but which a “sacred cow”, and that he would like tive Darryl Owens, Representative Greg which resulted in the adoption of the specifies that violent offenders and sex to talk further with the Senator and the Stumbo and Representative Brent Yonts. judicial article to the constitution, in- offenders must serve 85% of their sen- committee about the issue. Guests: Chief Justice John S. Pal- dicated that public support should be tences prior to being eligible for parole. Senator Neal, Senate Co-chair of more, Supreme Court of Kentucky, mobilized to effect the change. Justice The biggest change, according to Profes- the SJR 80 Subcommittee to Study the Retired; Professor Robert G. Lawson, Palmore asserted that the original re- sor Lawson, is to the Persistent Felony Penal Code and the Controlled Substanc- University of Kentucky, College of Law; habilitation goal of the Penal Code has Offender (PFO) law which originally es Act reported on the activities of the Christopher Cohron, Warren County been abandoned and urged a return to a called for a person to have served two subcommittee which held two meetings, Commonwealth’s Attorney and Presi- rehabilitation model. Even if only 10% separate prison sentences before being heard from former Chief Justice John S. dent of the Commonwealth’s Attorneys of them can be rehabilitated we should named as a PFO. Now this requirement Palmore, Professor Robert Lawson from Association; Ernie Lewis, Former Public not give up on them. We need more has been eliminated and the penalties the University of Kentucky College of Advocate and Ed Monahan, the New trained counselors and other profession- enhanced for each additional felony of- Law who was an original drafter for the Public Advocate. als in prisons to help inmates and need fense. Penal Code and who has recently pub- more probation and parole officers to Professor Lawson observed that lished several studies about the code LRC Staff: Norman W. Lawson, help them when they are released. We the initial drug law proposals were not and its use, Commonwealth’s Attorneys Committee Staff Administrator; Ray De- need people who can analyze the prob- part of the Penal Code and were not the Chris Cohron and Ray Larson, current bolt, Jon Grate, Joanna Decker and Caro- lems and then fix them. Justice Palmore product of the penal code committee. Public Advocate Ed Monahan, former lyn Gaines, Secretary. observed that Drug Court is working and Drug offenders are notorious repeat of- Public Advocate Ernie Lewis, Justice and Senator Neal presented opening re- needs to be expanded. The more people fenders and the drug laws make second Public Safety Secretary J. Michael Brown, marks in which he detailed the history of diverted from prison the better. offenses higher levels of felony and this and several other persons including in- the initial Penal Code Efforts and the his- The next speaker was Professor feature plus the PFO law have resulted in terested an citizen and their varying tory of the Controlled Substances Act. Robert G. Lawson of the University of very lengthy sentences. Over the years, views of the Penal Code and Controlled Senator Neal commented that the Penal Kentucky College of Law. Professor Law- Professor Lawson observed that most Substances Act and needed changes to Code was not added to in a rational way son indicated that he worked on the Pe- misdemeanor penalties in the drug laws both. Senator Neal observed that Drug and needs to be revised to make more nal Code for six years prior to its final have been increased to felonies. Court expansion is needed, that addi- sense. enactment. The original drafting on the Professor Lawson also indicated tional alternatives to incarceration are The first speaker was former Su- Penal Code was done under the auspices that over the years the nonsupport stat- needed, and that this is “a large task” preme Court of Kentucky Chief Justice of the Kentucky Crime Commission and ute has been amended to increase many and that many “philosophical issues’ John S. Palmore. Justice Palmore indi- its director Charlie Owen. The drafters nonsupport cases to felonies and now must be resolved. Senator Neal reported cated that it has been 35 years since the were assisted by an advisory committee has resulted in the incarceration of hun- that it was the view of the subcommit- Penal Code was first worked on and that under then Court of Appeals Judge John dreds of prisoners as felons. Professor tee that additional study was needed, the committee that created the original Palmore, circuit judges, defense attor- Lawson further observed that Kentucky’s that the subcommittee should be ex- code met for three to 4 years. At that neys, Commonwealth’s attorneys, and increase in the rate of incarceration is tended for at least one more year and time 3,000 to 4,000 persons were in county attorneys. The advisory commit- one of the highest in the nation. perhaps for two years, and that if exten- prison. Now 21,000 felons are in cus- tee met every month and had tough give Professor Lawson commented that sion of the subcommittee was inappro- tody, with 7,400 of those being confined and take sessions with the drafters. The what bothers him the most is the incar- priate that a legislative-based task force in county jails. Justice Palmore observed resulting draft repealed all of the prior ceration of state prisoners in county jails. be created to continue the study and that Section 253 of the Constitution of criminal law and replaced it with a total- Professor Lawson, after visiting seven make further recommendations. Senator Kentucky requires that persons convicted ly new revision. The draft was presented jails and three prisons, commented that Neal moved and Representative Webb of a felony be confined within the walls to the 1972 General Assembly but the jails have insufficient services, shameful

THE KENTUCKY GENERAL ASSEMBLY 27 treatment, as little as 40 square feet of ine changes that have been made in the offenses over and over. Mr. Cohron in- indicated that in many instances in War- space in which to live and that the pris- Alabama and Texas statutes which make dicated that the failed 2006 and 2003 ren County that persons are not incar- oners come out worse than when they increased use of alternatives to incar- proposed revisions of the penal code had cerated for nonsupport and that incar- went in. Representative Owens asked if ceration. Professor Lawson responded some good ideas. ceration is reserved for the most flagrant longer sentences were punitive in nature that the philosophy of the Penal Code With regard to the present situ- cases where a person could have paid, or served a legitimate purpose. Profes- is out of synch with the current attitude ation, Mr. Cohron indicated that what but refused to do so. Mr. Cohron indi- sor Lawson responded that a study by of the public and suggested that the was needed as a “snapshot” of who is cated that in his county many of these James Austin entitled “Unlocking Amer- subcommittee study the American Law in prison on any given day to look at cases were handled by the family court. ica” showed that the crime rate has not Institute’s new Model Penal Code revi- why they are there now, how did they Representative Stein commented that the changed significantly since the 1970’s sions. Professor Lawson urged sentence get there, what have they done in the problem is that most Commonwealth’s but that the number of persons in prison proportionality and that the subcommit- past and then decide what would be the attorneys do not exercise the discretion has increased dramatically. Professor tee determine which sentence best fits best way of dealing with these persons. that Mr. Cohron does, preferring to in- Lawson indicated that the longer sen- the crime. Mr. Cohron observed that the purpose of carcerate everyone for the longest period tences had not reduced crime, that “we Professor Lawson observed that the government is to protect the citizenry possible. Representative Stein indicated got mad at people and decided to get latest early release of prisoners pursu- and that it is the duty of prosecutors to that she would like more information on tougher.” In the PFO area alone, Profes- ant to budget act provisions has resulted aid in that effort by protecting the pub- their practices. sor Lawson indicated that during this in litigation. In the drug area Professor lic from crime. Mr. Cohron asserted that Senator Roeding asked whether time the PFO population went from 79 Lawson urged looking at statutes such as present laws relating to violent offend- there is a problem with the courts not inmates to over 400. Professor Lawson the one which elevates to a felony, any ers, sex offenders and similar offenders collecting fines and costs, to which Mr. indicated that prosecutors have a signifi- misdemeanor drug selling offense within do not need change. Mr. Cohron indi- Cohron replied that there is a problem cant role in this problem due to their dis- 1,000 yards of a school, and which el- cated that prosecutors are willing to talk but that the problem stems primar- cretion and that now persons are plead- evates any felony drug selling offense by about laws relating to drug possession, ily from persons not having the money ing guilty without trial to significantly one degree for the same conduct. Pro- the felony/misdemeanor theft limit, and to pay fines and costs. Representative higher length sentences due to the threat fessor Lawson indicated that in 400 cas- other minor offenses. Mr. Cohron indi- Stein responded that in Jessamine Coun- of the use of the PFO statute, that some es which he reviewed in Fayette County, cated that he favors increasing the fel- ty a woman was in jail and had a baby prosecutors routinely charge repeat of- the persons convicted in that county ony/misdemeanor theft divide but also while incarcerated. The county had to fenders as PFO’s, and that the length of were not selling drugs to school children favors increasing the felony theft penal- pay the entire costs of the woman’s and sentence does not deter criminal activ- but were within that geographic area. ties for theft of larger amounts of money the baby’s care. What was the offense? ity. Professor Lawson commented that Senator Neal observed that it may take or property. The woman had been jailed because she what you get is incapacitation but not some time to bring rationality to the Pe- Mr. Cohron urged the adoption of did not pay a fine on a previous offense. deterrence. nal Code and drug laws. the “rocket docket” pretrial and trial pro- The next speakers were Ernie Lew- Professor Lawson commented that Senator Neal observed that in other cedure throughout the state. Mr. Cohron is, former Public Advocate and Ed Mo- there are currently 5,000 persons in pris- state PFO laws that elevation and PFO asserted that the chances of rehabilita- nahan, the current Public Advocate. Mr. on for drugs and non serious offenses. status was reserved for persons who tion decrease if punishment for a first of- Lewis indicated that he had been a pub- In the “War on Drugs”, marijuana was committed serious offenses and asked fense is not swift and sure. In the rocket lic defender for 31 years and now will originally the worst thing, then cocaine if serous equated to our violent of- docket program, Mr. Cohron explained, be assisting the Kentucky Academy of was the worst thing, now other drugs fenses. Professor Lawson responded immediately after a person’s arrest the Criminal Defense Lawyers in legislative are the worst thing; yet the drug prob- that states used differing definitions but Commonwealth’s attorney decides if efforts. Mr. Lewis recommended that lem is worse. Citing various studies and that ordinary nonviolent felony offenses the case is prosecutable as a felony, that the subcommittee members obtain and previous Commissioners of Corrections, were not eligible for PFO status in other there is a preliminary hearing within 10 read Professor Lawson’s three law review Professor Lawson indicated that we used states. Professor Lawson indicated that days if bail is not granted and 20 days if articles on the penal code and jail incar- to put “bad people” in prison and now he had been studying drug offenses and it is granted, that arraignment is expe- ceration. Mr. Lewis recommended that we put people in prison because we are is in the process of preparing an article dited, that there is an early discussion the subcommittee also hear from the mad at them and should only incarcerate on the subject. Professor Lawson com- with the defendant’s attorney about a criminal law professors at the other law people we are afraid of. Representative mented that in the drug laws penalty plea bargain thus resolving the matter schools in Kentucky to ascertain their Yonts commented that according to cor- ranges had been elevated significantly, without lengthy pretrial incarceration, views. Mr. Lewis indicated that modern- respondence he has received that the Pa- that getting drug offenders off the street and the defendant making an early en- ization of the criminal law and the drug role Board has become largely nonfunc- would do little to impact crime and that try into prison where programs may be law should include modernizing the code tional. Professor Lawson responded that most users committed thefts and small available. At the same time, the rocket by lowering the incarceration levels and his review of Parole Board Statistics from scale drug trafficking to support their docket provides for nonviolent offenses, a reexamination of the penalty and al- 1980 to 2003 indicated that the rate of habits; what was needed was diversion, many of which are drug related, that ternatives to incarceration provisions in granting parole went from 60% of cases education programs, job skill programs, drug court, diversion, and other alterna- KRS Chapters 532 and 533. Mr. Lewis to 30% of cases and that serve out’s and treatment. With regard to the use tives to incarceration programs can be also suggested that the subcommittee went from 6 % or 7% to 30%. This is a of PFO statutes in drug cases, Professor utilized for the defendant. Mr. Cohron obtain and read copies of Professor Rob- result of a change of attitude to “public Lawson suggested returning to the 1974 also indicated that the use of the rocket inson’s two volume suggested revision protection” as a result of offenses com- version of the PFO law. docket program also saves the counties of the Penal Code funded by the Criminal mitted by persons who had been paroled. The next speaker was Chris Cohron, vast amounts of money in the pretrial Justice Council several years ago because Professor Lawson also commented that President of the Commonwealth’s At- incarceration of prisoners, a cost which there is “lots of good stuff there.” Mr. the number of Parole Board members has torneys Association and Warren County the county, and not the state, must bear. Lewis observed that the original Penal not kept pace with the increasing num- Commonwealth’s Attorney. Mr. Cohron When asked where the rocket docket Code was excellent, that KRS Chapters ber of inmates who need to be seen by indicated that the Criminal Justice Coun- was in use Mr. Cohron indicated that 500 to 506 are not in need of revision, the board and that felons in jails are not cil and several of its subcommittees were Warren, Jefferson, and Hardin counties that the crimes contained in KRS Chap- seen by the Parole Board which decides studying the same matters as the legis- use it. In response to another ques- ters 507 through 515 are still good but whether or not to parole these inmates lative subcommittee and urged the sub- tion, Mr. Cohron indicated that county the biggest problem is with sentencing. solely upon written records. committee to look at what the council attorneys approve of the rocket docket Originally judges decided the maximum Professor Lawson commented that had been studying and the recommenda- program and the early participation of while the executive branch decided how the Federal Government has done away tions which will come from the council. the Commonwealth’s Attorney in the long the person was to remain in prison with parole entirely, as have several Mr. Cohron indicated that his county program. within that range and would release de- states, but that in these systems the had 1,400 felony indictments this year, Mr. Cohron urged the subcommit- serving persons on parole. Mr. Lewis in- maximum sentences have generally been that his county is the third busiest in the tee not to examine the PFO laws, that dicated that the maximum sentence has lowered to the average time served under state, and that Commonwealth’s attor- they are very necessary, that the public now, in practice, become a determinate prior parole systems so that overcrowd- neys know the defendants better than wants it, and that lengthy incarceration sentence. Mr. Lewis indicated that some ing is reduced. Representative Stumbo their defense attorneys. This is because is warranted in such cases. With regard states such as Virginia have gone to de- suggested that the subcommittee exam- the same defendants commit the same to the nonsupport question Mr. Cohron terminate sentencing and have abolished

28 2008 Interim LEGISLATIVE RECORD parole but that the penalties have been A class C misdemeanor with lesser incar- mittee on the Penal Code and Controlled reach the $500 limit; expand the “rocket significantly reduced in length. The for- ceration should be adopted. Eliminate Substance Act of the Interim Joint Com- docket” program to try felons within a mer average length of sentence is now enhancers for all drug offenses. Elimi- mittee on Judiciary was held on Monday, shorter period after arrest and indict- the maximum. nate the guilty but mentally ill statue. November 10, 2008, at 10:00 AM, in ment; conduct a “snapshot” of prisoners Mr. Lewis observed that the Penal In light of recent developments penalties Room 171 of the Capitol Annex. to determine their past offense; provide Code has grown in size and harshness. in KRS Chapter 517 relating to business Present were: counties funds for time felony charge The same has happened to the drug laws and commercial frauds and other busi- Members: Senator Gerald A. Neal, prisoners spend in jail prior to conviction, through the war on drugs beginning in ness offenses need to be increased. Co-Chair; Senators Carroll Gibson, Ray which Mr. Cohron commented that this the 1980’s. Mr. Lewis commented that The final speaker was Ed Monahan, S. Jones II, Jerry P. Rhoads, Dick Roeding may not yet be possible due to financial the Bureau of Justice Statistics asserts the present Public Advocate. Mr. Mo- and Katie Stine; Representatives Joseph considerations; pay counties for prison- that 200,000 Kentuckians use illegal nahan started his presentation by read- M. Fischer, Kathy W. Stein, Greg Stumbo ers convicted of felony from the date of drugs and asked the committee if the ing from an article by Cal Thomas called and Brent Yonts. conviction rather than the date of sen- state is willing to incarcerate all 200,000 “Three Strikes and You’re Broke” which Guests: tencing to relieve the financial burden on people. Mr. Lewis commented that the asserted that violent offenders were LRC Staff: Norman W. Lawson, counties; permit waiving of a presentence people could not pay for this, that we 49% of the system and that the focus Chief Staff Administrator; Ray DeBolt, investigation for nonprobatable offenses are not ready to incarcerate 200,000 for all other offenses should be restitu- Joanna Decker, Jon Grate and Carolyn with defendant, prosecution, and court more people and that drugs are a medi- tion rather than retribution. Mr. Mo- Gaines, Secretary. approval; increase parole restrictions on cal problem and should be treated as nahan then commented upon a National The meeting was called to order by serious felony offenders; and expand the such. Mr. Lewis asserted that other driv- Center for State Courts opinion survey Co-Chair Senator Gerald Neal. The sec- felony classifications, perhaps by creat- ing influences for the vast increase in which he indicated showed a public sup- retary called the roll, upon the presence ing a Class E felony offense. prison population included Federal Me- port for rehabilitation, that prisons had of a quorum; the minutes of the first Senator Gibson asked if any of the gan’s law, truth in sentencing laws, and been unsuccessful at rehabilitation, that meeting of the subcommittee were ap- committees looked into the county jail tougher driving under the influence leg- the criminal justice system favored the proved. structure and operations to which Sec- islation, all of which came with federal rich, and that prisons are a warehouse The first speaker was J. Michael retary Brown replied “no” and explained demands and small amounts of money for inmates. Mr. Monahan suggested Brown, Secretary of the Justice and Pub- that the committees looked at the reality which were insufficient for the states to that we help prisoners obtain jobs, that lic Safety Cabinet who was accompanied of our crimes and the impact on incar- pay for the lengthened incarceration and over incarceration without rehabilita- by Warren County Commonwealth’s ceration and on the safety of the public. other requirements of the law. The end tion hamper other programs, and that Attorney Chris Cohron and Dr. Thomas Senator Gibson responded that he feels result of these increases in the length of Medicaid funding should be made avail- Wetstone, consultant to the Justice such a study is necessary because some sentences, according to Mr. Lewis, has able for persons with substance abuse Cabinet. county jails operate at a profit while been geriatric prisons with an ever in- problems so that they can be treated Secretary Brown gave a short history many others do not because best man- creasing number of 60, 70, and 80 year rather than incarcerated. Mr. Monahan of the Justice and Public Safety Cabinet’s agement practices are not used. Sena- old prisoners. indicated that he favors diversion pro- efforts with regard to making changes in tor Gibson urged better standards for jail Mr. Lewis observed that we have grams in which the person does not get the Kentucky Penal Code and the Con- operation. lost the momentum of HB 455 which a felony record with all of its disabilities trolled Substances Act. Secretary Brown Senator Stine asked Mr. Cohron called for the incarceration of violent of- and that more social workers are needed indicated that the cabinet was charged whether the increase in the felony theft fenders and the release of nonviolent of- by the Department for Public Advocacy with recommending changes in the Janu- limit would adversely impact the district fenders. Nonviolent offenders have born so that alternative programs can become ary 29, 2008 budget address of Governor courts and the county attorneys. Mr. the lion’s share of the impact of tough more effective. Mr. Monahan indicated Steve Beshear to the General Assembly Cohron indicated that while there may on crime culture wars. Mr. Lewis assert- that the Parole Board needs to return to with a mandated report to the Governor be some impact, that the district court ed that the 1968 Nixon law and order paroling more prisoners who will need due December 1, 2008. Secretary Brown frequently uses conditional discharge campaign has resulted in the same crime more probation and parole officers and indicated that a great deal of work had of prisoners in order to foster restitu- rate and exploding prison and jail popu- continuing services to help them reen- been done on these issues in the past, tion and that merchants and other theft lations and the need for new facilities. ter society. When asked if the Depart- namely with a two-volume report in victims want their money back. Senator Mr. Lewis observed that the jury trial is ment for Public Advocacy had objected 2004 and a Blue Ribbon Panel report Stein then asked if the “rocket docket” disappearing, that only 1% of Depart- to housing prisoners in county jails Mr. several years later. The actual study was program’s expansion would create a ment of Public Advocacy cases go to trial Monahan replied that the department assigned to the Criminal Justice Coun- need for additional forensic work and and that prosecutors are forcing defen- was not in favor of the practice, but cil which formed subcommittees on the additional personnel at the state crime dants to plead guilty to lesser offenses that with a limited budget and limited Penal Code, the Controlled Substances laboratory to which Mr. Cohron replied as well as the primary offense, are forc- personnel that this was not an item that Act, probation and parole, and pretrial that many cases do not require forensic ing defendants to plead guilty to crimes had been pursued. Mr. Monahan ob- release. The committees met indepen- evidence, that such evidence may not which they didn’t commit, and guilty to served that over indicting and the use dently and prepared reports containing need to be produced, and that expansion a higher level of incarceration. Mr. Lewis of the PFO statutes are routine practices recommendations which were trans- of the crime lab program has helped re- indicated that we have too many crimes by Commonwealth’s attorneys. Repre- mitted to the Criminal Justice Council duce the backlog of forensic cases. and that minorities and the poor are sentative Hoover commented that in his which is expected to take final action on disproportionately incarcerated which experience prison gets the attention of the reports at a meeting of the Criminal Representative Stumbo commented result in hundreds of thousands of new persons guilty of nonsupport and should Justice Council on November 24, 2008; that for the first time there was a real victims because these people cannot be retained. Mr. Monahan commented after which the final recommendations breakthrough in the attitude of prosecu- support their spouses and families while that the use of community corrections will be transmitted to the Governor. tors and others in producing real chang- in prison in addition to the victims of the programs and grants might be a better es to the Penal Code and Controlled offenses they committed. way of dealing with flagrant nonsupport Warren County Commonwealth’s Substances Act and complimented Mr. Mr. Lewis made the following sug- rather than prison. Attorney Chris Cohron presented the re- Cohron for his efforts in achieving this gestions. KRS Chapters 500 to 506 do The meeting was adjourned at port and recommendations made by the goal. In response to a question relating not need change. KRS Chapters 507 1:00PM. subcommittee on the Penal Code. These to the increase in the felony theft limit through 532 are disjointed and in need of recommendations included: setting a potentially harming retailers, Mr. Cohron change. The PFO statutes and sentenc- statute of limitations for prosecution of indicated that the merchants would ing statutes are in need of change. The INTERIM JOINT COMMITTEE selected Class D felonies at 5 years and probably support a program which uti- misdemeanor/felony theft limit should ON JUDICIARY Class C felonies at 10 years; increasing lized diversion program in which defen- be raised to $1,000. Nonsupport should Subcommittee on the Penal Code the felony theft limit from the present dants would have to make restitution to be decriminalized and handled through and Controlled Substance Act $300 to $500; increasing the penalty for the retailer or other victim of the value the family court. A class E felony with Minutes of the 2nd Meeting theft of $10,000 to $60,000 to a Class C of the property or money stolen. Repre- a sentence of 1-2 years should be added of the 2008 Interim felony; increasing the penalty for theft of sentative Stumbo then commented that for nonviolent felony offenses. All pen- November 10, 2008 more than $60,000 to a Class B felony; county judge executives tell him that alty ranges should be reduced in years. The 2nd meeting of the Subcom- cumulate credit card offenses in order to “my jailer is killing me” due to rising

THE KENTUCKY GENERAL ASSEMBLY 29 costs for operation of jails; that the state expansion of substance abuse programs changes to the pretrial release rules and result in the death of the perpetrator. is in need of standards for operation of within jails which the Secretary indicat- the expansion of the uniform schedule of The next speaker was Mr. Charles jails and that the “rocket docket” pro- ed has been increased from 11 jails to 26 bail to selected felony offenses. Secretary Zoeller of Louisville who described vari- grams in Jefferson County and counties jails but is still short of the full goal; and Brown indicated that the committee has ous problems with the criminal justice saved the counties 20% in the pretrial implementation of reentry courts and also recommended the use of evidence system including cases not going to trial, incarceration of felons because of the day reporting programs for parolees with based tools to determine the likelihood overcharging by police and prosecutors, lessened time from being jailed to be- drug problems with other forms of fol- of reoffending, dangerousness, versus the the addition of citizens to criminal jus- ing convicted because in many of these low-up monitoring. possibility of rehabilitation in the pretrial tice councils, and an inflation rider on cases there is no issue of guilt. Repre- Representative Yonts asked if there release of prisoners. Secretary Brown in- theft amounts to automatically adjust sentative Stumbo then observed that was alternative language in some of the dicated that the Sentencing Committee theft levels to inflation. Mr. Zoeller indi- many persons convicted of trafficking in proposals to which the reply was that has not yet filed a report. cated that he would provide the commit- drugs are mere users who are “peddling” there was not. Senator Stine asked what Senator Neal commented that the tee with written comments and recom- in order to support their drug habit and happened to a proposal to use seized piecemeal development of the Penal mendations in the near future. Senator that without a meaningful rehabilitation drug money for drug treatment programs Code has detracted from the rationality Neal agreed to have the comments dis- program that they would continue to and whether this would hamper current of the code. Senator Neal indicated that tributed to the members. recidivate and continue to sell drugs to distribution of funds for law enforce- the focus at the upcoming session of the Senator Neal then presented the fi- support their habit and urged expansion ment and prosecution programs. Secre- General Assembly is to achieve some nal report of the subcommittee for trans- of rehabilitation programs. tary Brown replied that the vote on that progression in correcting problems in mission to the Interim Joint Committee Representative Fischer asked what proposal was 4-3-1 and Mr. Cohron indi- the Penal Code and drug laws. “We don’t on Judiciary and to the Legislative Re- other states are doing about statutes cated that he opposed the measure and want to be a repository of wish lists.” search Commission. The report detailed of limitations in felony cases to which that it definitely would have a negative Senator Neal further commented that the testimony and information received Secretary Brown replied that he would impact on law enforcement and prosecu- the protection of the public and justice and recommended continuation of the provide that information to the subcom- tors. Representative Yonts asked if con- requires the need for continued study. subcommittee for at least one more year mittee. Representative Yonts asked if the sideration had been given to providing jail Senator Stine commented that we owe and perhaps for two years and that if committee had made any recommenda- time credit for home incarceration prior Chris Cohron a gold star for his efforts as a subcommittee was found to be inap- tions on child support failures to which to trial against any subsequent sentence an excellent advocate for his representa- propriate then that a legislatively-based Secretary Brown replied “no”, but that to which Secretary Brown replied that he tion of commonwealth’s attorneys. task force with the ability to hold hear- they were still working on this matter. views home incarceration primarily as The next speaker was Mr. John Yuen ings would be appointed to accomplish Representative Yonts when asked “why a post incarceration tool which can be from Louisville who indicated that he had the mission. Senator Rhoads moved not a $1,000 felony theft” demarcation enhanced by more reporting, use of GPS operated a small business in downtown adoption of the report and that copies of to which Mr. Cohron replied that a stan- monitoring and other improvements. Louisville which was regularly burglar- the minutes of the second meeting of the dard inflation calculator was used on the Secretary Brown then reported that ized, that the Louisville Police Depart- subcommittee also be forwarded to the $300 amount which resulted in slightly the Probation and Parole Committee rec- ment was able to do nothing about the Interim Joint Committee on Judiciary; less than $500 which was rounded up to ommended: expansion of medical parole situation, and that he was finally driven Representative Yonts seconded the mo- $500 for recommendation purposes and through the use of risk level evaluations; out of business. Mr. Yuen suggested that tion which passed. that the upper limits on felony offenses that persons who are paroled to out- we put fear into the criminals and ob- The meeting was adjourned at came from Tennessee law. With regard to side facilities because of medical condi- served that every criminal knows that Ft. 12:10PM. diversion and probation with restitution tions or advancing age would be entitled Knox is full of gold yet no criminal has for felony offenses, Mr. Cohron observed to Medicare benefits to which they are ever robbed it for fear of being killed by INTERIM JOINT COMMITTEE that some people with little income and not entitled while in prison; increased the guards. Mr. Yuen suggested increas- ON LABOR AND INDUSTRY little change to make large sums of mon- support for substance abuse programs; ing the penalties for those who receive Minutes of the 4th Meeting ey might be on probation or diversion for review of the 1,000 foot residence re- and distribute stolen goods and provide of the 2008 Interim the remainder of their lives. strictions on sex offenders involved in for taking the personal property of these October 23, 2008 Senator Neal commented that the treatment programs; use of electronic persons and distributing the proceeds The 4th meeting of the Interim Joint goal is to make the Penal Code more ra- monitoring for various sex offenders; 40% to victims, 40% to the crime vic- Committee on Labor and Industry was tional and asked Secretary Brown if there and the return of Department of Correc- tim compensation fund, and 20% for law held on Thursday, October 23, 2008, at was a comprehensive review of the code tions educational program money from enforcement; allowing persons to install 9:00 AM, at Bluegrass Station in Avon. to which Secretary Brown responded KCTCS which receives the money now deadly devices in their homes and com- Senator Alice Forgy Kerr, Co-Chair, called “no” but that the goal was more limited for providing programs in prisons; in- mercial property so that criminals will the meeting to order, and the secretary to identify the ill and then identify the centives for nursing homes and personal be caught and suggested that stun guns called the roll. appropriate sanction. Secretary Brown care facilities to take former inmates and might be appropriate as well. Present were: commented that some states have 8-10 parolees; enactment of the federally au- Mr. Yuen suggested that KRS Members: Representative Mary Lou levels of felony offenses although he was thorized prison industries enhancement 503.080 and KRS 503.055 are very Marzian, Co-Chair; Representative Al- not recommending that for Kentucky. program to expand vocational educa- confusing and that they be redrafted to ice Forgy Kerr, Co-Chair; Senators Julie Senator Rhoads asked if the commit- tion programs in prisons; add members clearly permit the use of deadly force in Denton, Denise Harper Angel, and Gary tees had discussed diversion programs to the parole board; examine the use of the protection of persons and protection Tapp; Representatives Will Coursey, C. B. to which the answer was “yes” and that presumptive parole standards; continue of property whether the force is used in Embry Jr., Bill Farmer, Tim Firkins, Rich- diversion programs are in various recom- jail-time credit for persons on parole; a person or by an automated device. Mr. ard Henderson, Charlie Hoffman, Dennis mendations. program where the department can use Yuen also suggested removal of the gra- Horlander, Joni L. Jenkins, Thomas Kerr, Secretary Brown indicated that graduated sanctions for parole violators dations of the use of force in self defense Adam Koenig, Charles Miller, Rick G. the Controlled Substances Committee prior to returning them to the board for and property defense cases and autho- Nelson, Tom Riner, Jim Stewart III, and had recommended: making possession reincarceration; and the use of day care rize the immediate use of deadly force to Brent Yonts. of mere residue of some controlled sub- centers for parolees. Representative clarify the situation where a citizen can Guests: Major General Stephen stances such as cocaine a misdemeanor; Yonts commented on the role of proba- be prosecuted for using too much force Collins (Retired), Director, Bluegrass Sta- setting quantity limits for various drugs; tion and parole officers and abuses in in a given situation. Mr. Yuen observed tion; Roger Fries, President and Chief removing the felony enhancement for the operation of the Parole Board and in that jail is not a deterrent to criminals Executive Officer, Kentucky Employers’ possession of drug paraphernalia on a returning parolees to prison. Secretary because jails provide shelter, food, beds, Mutual Insurance Authority; Bob Quick, second or subsequent offense; reducing Brown responded that the board has full medical and dental care, and that President and Chief Executive Officer, the 1,000 yard distance where any drug absolute power, no outside review and many criminals view jail as an acceptable Commerce Lexington, Inc.; Len Heller, offense within 1,000 yards of a school is with no appeal from the decisions of the alternative to life on the streets. After Vice President, Commercialization and a felony offense; pretrial diversion with Parole Board under current law. the laws are changed, Mr. Yuen suggest- Economic Development, University of treatment programs for lesser drug of- Secretary Brown reported that the ed that a video be prepared for public ed- Kentucky; Anthony Wright, Economic fenses; adjust levels of drug trafficking pretrial release committee had looked fa- ucation informing the citizens, and the Development Officer, Lexington/Fayette based on the quantity of drug trafficked; vorably on the Supreme Court’s proposed criminals, that criminal acts may likely Urban County Government; and Tony

30 2008 Interim LEGISLATIVE RECORD DeName, Director, Division of Unem- Kentucky’s Trust Fund, along with many DeName responded that he hoped so. Director of Licensing, Department of ployment Insurance. others, falls below this threshold for ad- Rep. Marzian asked if the Federal Charitable Gaming. LRC Staff: Linda Bussell, Adanna equacy. However, these measurements bail-out included unemployment ben- LRC Staff: Tom Hewlett, Bryce Am- Hydes, and Betsy Bailey. of adequacy do not take into consider- efits. Mr. DeName said an extended ben- burgey, Michel Sanderson, and Susan A quorum being present, the meet- ation the tax revenues flowing into the efits program took effect in July, provid- Cunningham. ing was called to order. A motion and Trust Fund at the same time benefits are ing $49 million of Federal money. Representative Jenkins called the second to approve the minutes of the being paid out. As long as our revenues Sen. Kerr introduced Mayor Jim meeting to order and asked for a motion September 9, 2008 meeting passed by are adequate to meet current benefits, Newberry of Lexington, Mayor Ed Burt- to adopt the minutes from the Septem- voice vote. even a significantly reduced Trust Fund ner of Winchester, and Judge Henry Bra- ber 12, 2008, meeting. Senator Carroll Sen. Kerr introduced Roger Fries, balance could be sufficient to preserve nham, County Judge Executive, Clark made a motion seconded by Senator President and CEO of Kentucky Employ- fund solvency. County. Judge Branham expressed ap- Harper-Angel and the minutes were ad- ers’ Mutual Insurance Authority (KEMI) Mr. DeName noted that in 2000 and preciation to the members for their opted by voice vote. to address the committee on KEMI’s 2003, after the recession took its toll, the work on behalf of the Commonwealth Representative Jenkins welcomed safety initiatives. Mr. Fries informed the Trust Fund largely stabilized from 2004 and to Bluegrass Station for providing Michel Sanderson, new committee ana- members about KEMI’s Mine Safety and through 2007. This demonstrated that the facilities. Mayor Burtner further ex- lyst, and new committee member Rep- Training Competition that was held in the statutory funding mechanism was pressed appreciation for the facilities at resentative Arnold Simpson, to the com- Pikeville, KY on August 13-14, 2008. performing as intended. He said by the Bluegrass Station and in Madison Coun- mittee. Representative Jenkins asked for The event included more than 300 com- end of 2007, the fund balance had de- ty. He informed the members that 800 a moment of silence in memory of the petitors representing 30 commercial coal clined by over ten percent, ending at just jobs at Bluegrass Station are filled by loss of Representative Larry Belcher and companies and 4 states, as well as more below $230.8 million. This raises the citizens of Clark County and 60 jobs at Representative Osborne’s mother, who than 150 representatives from the Feder- concern that the fund could be reaching Madison County. He commented on the passed away since the last committee al Mine Safety and Health Administration a “tipping point” where current revenues positive influence the facilities have on meeting. (MSHA) and the Kentucky Office of Mine might no longer keep pace with current the region. Mayor Newberry explained First on the agenda Carl Metz, from Safety and Licensing. He introduced Jon benefits. Fayette County’s economic plan to uti- the Kentucky Association of Goodwill Stewart, Chief Financial Officer for KEMI, Mr. DeName noted Kentucky is at lize the industries of health care, horses, Industries, and Linda Romine, Public who gave a brief overview of the event. the second highest tax rate schedule and high technology opportunities. He Relations Director of the St. Vincent de Mr. Stewart said the two day event, provided in current statutes, Schedule emphasized the importance for the state Paul Society in Louisville, KY, explained co-sponsored by MSHA and the Ken- D; and that even at this increased rate of UK achieving top 20 business status. BR 34; Senator Buford’s pre-filed bill on tucky Office of Mine Safety and Licens- of taxation we are not keeping pace with In 2007, UK received $332 million in re- donation boxes. Mr. Metz said BR 34 ing, was made available free of cost to benefits, let alone re-growing the Trust search funding that benefitted not only was a truth in labeling bill. He said it the general public. The event featured Fund. He said we are running out of our UK, but the entire state. requires a for-profit entity that places a competitions in mine rescue scenarios reserve tax generation capacity just as There being no further business, donation box in any public place to la- and pre-shift hazard eradicating scenari- we are threatened with renewed reces- the meeting was adjourned. bel the box in a manner that tells the os. Due to the success of the event, the sion. He said the question of prepared- public the entity is not a charity. He program is scheduled for July of 2009. ness comes down to two issues: do we said that there are approximately 187 A promotional video for the event was have an adequate fund balance to pre- red boxes in the Louisville and Southern shown. serve solvency; and do we have sufficient INTERIM JOINT COMMITTEE Indiana, as well as a number in Lexing- Rep. Marzian asked if KEMI offers revenue capacity to meet rising benefits? ON LICENSING AND OCCU- ton and Nicholasville and other places any incentive for policy holders to take Mr. DeName said at this point Kentucky PATIONS around the state. Mr. Metz said those part in safety programs. Mr. Fries replied may have neither. Minutes of the 4th Meeting red boxes are placed by a for-profit en- that participation in such events is taken Mr. DeName said the next six of the 2008 Interim tity headquartered in Cicero, Illinois. Mr. into consideration in developing work- months will be critical to answering the October 10, 2008 Metz said that Goodwill Industries has ers’ compensation premiums. question of fund solvency. Based on rev- The 4th meeting of the Interim no objection to a for-profit entity plac- Sen. Kerr introduced Tony DeName, enue and benefits during past years, if Joint Committee on Licensing and Oc- ing a donation box; however, the public Director of the Division of Unemploy- we experienced the same benefits and cupations was held on Friday, October should not be mislead into thinking that ment Insurance, to provide a brief up- revenues in the months ahead, our Trust 10, 2008, at 10:00 AM, in Room 129 of they are making a donation to a char- date on the Unemployment Insurance Fund balance at the beginning of April the Capitol Annex. Representative Joni ity when they are not. He said that the (UI) Trust Fund following news reports 2009 could be less than $36 million. He L. Jenkins, Chair, called the meeting to Louisville Metro Council passed an or- that Kentucky’s Trust Fund, like many stated that benefits this year are running order, and the secretary called the roll. dinance in December of 2007 with this others in the nation, has been hit hard over 20 percent ahead of last year, while Present were: requirement. Linda Romine said that St. by the downturn in the economy. Rep. revenues are up less than seven percent. Members: Representative Joni L. Vincent de Paul is a charitable, not-for- Marzian stressed the importance of Mr. Some short-term fund depletion is a very Jenkins, Co-Chair; Senators Tom Buford, profit agency serving Louisville for the DeName’s testimony at the meeting and real possibility at this stage. Julian M. Carroll, Julie Denton, Carroll past 155 years and includes six home- asked that he give full details. Mr. DeName said the possibility for Gibson, Denise Harper Angel, Bob Leep- less shelters, a community soup kitchen, Mr. DeName addressed the commit- Congressional relief in the form of an- er, Dan Seum, and Damon Thayer; Rep- and a free community clothes closet as tee with regard to recent media attention other “Reed Act” distribution of excess resentatives Tom Burch, Larry Clark, Tim well as four thrift stores in Louisville given to Kentucky’s UI Trust Fund and Federal Unemployment Tax funds to the Firkins, Dennis Horlander, Dennis Keene, and Indiana. She said their mission is to whether it is prepared to weather anoth- states could profoundly change the near- Adam Koenig, Reginald Meeks, Charles help people who have become homeless er recession after the recession of 2000. term prospects for fund solvency. Miller, David Osborne, Ruth Ann Palum- maintain dignity and respect by meeting He stated that at the end of August Rep. Yonts referred to several years bo, Carl Rollins II, Sal Santoro, Arnold basic needs. Ms. Romaine said the soci- 2000, the Trust Fund balance was at a ago when a surplus of $700 million was Simpson, and Susan Westrom. ety works with individuals to help them record high of nearly $725.8 million. As cut. He asked if the surplus had not been Guests: Carl Metz, Goodwill In- become self sufficient. She said that St. of the end of August 2008, the balance cut, would the Trust Fund be able to sus- dustries; Linda Romine, Public Rela- Vincent de Paul respects their donors stood at $229 million, a reduction of tain the current demands on the system. tions Coordinator, St. Vincent de Paul and believes it is unethical for donors nearly half a billion dollars over the past Mr. DeName responded that it would not Society, Louisville, KY; Valerie Thomp- to be led to believe their donations are eight years. He said that the Trust Fund be likely. Rep. Yonts asked if Kentucky is son, Kentucky State Assembly of Surgi- for charitable purposes when they are does not have the reserves today that it given funds from the Federal surplus, cal Technologists; Jeff Bidwell, Surgical not. Ms. Romaine told the committee did at the beginning of the decade, but would those funds have to be paid back. Technology Program Coordinator, KCTCS that she is concerned about solicitations this in itself does not address the issue Mr. DeName explained the funds would Madisonville Campus; Sherry Wells, Sur- for used clothing by for-profit compa- of fund adequacy. be tax money that employers have paid gical Technology Program Coordinator, nies; specifically the use of donations Mr. DeName said funds are consid- into the Federal Trust Fund. Rep. Yonts KCTCS Bowling Green Campus; Henry boxes placed on commercial sites with ered to be “adequate” when they con- asked if the Division of Unemployment Lackey, Commissioner, Marty Hammons, the donation boxes unclear about how tain enough reserves to sustain one year Insurance would have recommendations Deputy Commissioner, Bob Sparrow, Di- the items placed in the box will be used. of benefits at a historically high rate. for the General Assembly by January. Mr. rector of Enforcement, and Leah Boggs, Ms. Romaine said that when for-profit

THE KENTUCKY GENERAL ASSEMBLY 31 companies take donated items the not- examination that is administered by facility to maintain records of continu- existence in the county for three years for-profit, charitable organizations need the National Board of Surgical Technol- ing education for surgical technolo- as a charitable organization, and has an it may become necessary for the charity ogy and Surgical Assistant. Mr. Bidwell gists. Ms. Thompson said that there is a office in the county where the license is to compete against the for-profit entity. said he felt he could not over-emphasize nurse educator in the hospital where she held can game. He said there are two She said this would create a proliferation the importance of the surgical technolo- works who would track that information types of licenses; a regular gaming li- of brightly colored donation boxes. Ms. gist in the surgical theatre. He said the for the facility. Senator Denton asked if cense requiring the organization to file Romaine asked that there be a mandate surgical technologist sets up the instru- there would be a board that would over- a quarterly report and an exempt license to clearly label donation boxes as com- mentation, prepares the table and must see certification. Mr. Bidwell said they that requires the charity to file an annual mercial enterprises. know the anatomy of the procedure. were in discussions with the Cabinet of report. Mr. Lackey said that most chari- Senator Seum asked if the owners Representative Koenig asked if there Health and Family Services who regulate ties have problems with the 40% rule; of the commercial property where these were surgical technologists currently in hospitals. Representative Meeks asked however, the office is willing to work donation boxes were located rent the the operating rooms that have no formal how many students were graduating per with any organization that has questions location to the organization. Mr. Metz schooling and if this posed an insurance year and if there was potential to expand regarding maintaining 40 percent. said that to the best of his knowledge liability. Mr. Bidwell said that there are that number. Mr. Bidwell said there was Mr. Lackey said that the mission the space was not rented, adding that he some sites that have on-the-job train- an average annual enrollment of 20 stu- of the department was to set standards thought the owners of the property were ing and certain facilities do not require dents per year, per school, with approxi- that ensure honesty and integrity, to under the assumption that placement the certification. Mr. Nelson said one of mately 180 graduates per year. Senator prevent the commercialization of chari- of the box was for a charitable purpose. the challenges of starting a new certifica- Leeper asked if Mr. Bidwell could report table gaming, and to prevent the partici- Senator Buford said that individuals put tion program is that there are a number back on the pay scale of the states that pation of criminals or other undesirable items in the boxes and then use the do- of people already performing this job. have certification and an accurate range actions such as slot machines. He told nation for a tax credit noting this could Therefore, legislation would grandfa- of the pay scale in Kentucky. Represen- the committee that most charities get lend to an unintentional tax code viola- ther in persons already performing these tative Burch asked if there were surgical into trouble because they have not had tion. jobs. Representative Clark asked how technologists in every operating room the proper training. He said he felt that Next on the agenda, representatives many states certify surgical technologist and if the services they provide could be training should be mandatory due to the of the Association of Surgical Technolo- and suggested that continuing educa- provided by anyone else. Ms. Thomp- amount of cash that is handled. Ad- gist and the Kentucky Community and tion should be added to the legislation son said there was always a team in the ditionally, the Internal Revenue Service Technical College System (KCTCS) came in particular for the technologists who operating room that included a surgi- comes to the office on a weekly basis to before the committee to discuss possible will be grandfathered. Mr. Bidwell said cal technologist. Representative Burch audit reports from charities. legislation regarding certification of surgi- that currently South Carolina and Ten- asked why the hospitals were against the Senator Carroll asked if security cal technologists. Kim Nelson, registered nessee certify surgical technologists. Mr. legislation. Mr. Nelson said the hospi- was a concern for charity groups. Mr. agent for the surgical technologists, told Bidwell said that current language does tals are opposed to the legislation affect- Lackey responded that in speaking to or- the members that this has been before have a continuing education provision. ing the way they are doing business by ganizations he always encourages them the General Assembly in the past. He Representative Rollins asked if there was requiring a mandatory hiring of certified to hire security, adding that over 50% of said the surgical technology program has an agency other than the National Board people. He said the hospitals are con- the groups do not have security. Rep- been very well received across the state of Surgical Technology and Surgical As- cerned that would prevent them from resentative Miller asked how charities with a very high placement record. Mr. sisting that certifies. He also asked who having the number of people they need make large amounts of money when the Nelson said that designating the program would provide the continuing education. on staff. Representative Jenkins asked if 501c status permits gaming only twice a as a credentialing program would make it Mr. Bidwell said the Association of Surgi- surgical technologists work for the hos- week. Representative Miller also asked if even more attractive to prospective stu- cal Technologist, the Association of Op- pital or if they billed separately. Ms. there were guidelines for the rent facili- dents. Jeff Bidwell, Program Director for erating Room Nurses and several other Thompson replied that surgical technol- ties charge. Mr. Lackey replied that the the surgical technology program at the associations are recognized to provide ogists are employed by the hospital. gaming license allows for two gaming Madisonville Community College, said continuing education courses. Senator Next on the agenda, an update from sessions per week and that facilities are the surgical technology legislative initia- Carroll asked if a person must have the the Department of Charitable Gaming allowed to charge per session. Repre- tive will improve patient safety by en- two year associate degree before he or was provided. Henry Lackey, Commis- sentative Miller asked for an explanation suring all surgical technologist employed she could take the national test. Valerie sioner for the Department of Charitable of how taxes were paid for each session. in Kentucky healthcare facilities in the Thompson said he or she would have to Gaming, told the committee he is making Mr. Lackey said that .06 percent, just future are competently trained. Also, graduate from an accredited program in presentations to civic clubs and organi- over one half of one cent, is taken from Mr. Bidwell said, professionalism and the state of Kentucky. Mr. Bidwell said zations across the state; and is happy every dollar. This is the only money that regard of peers is increased when certi- KCTCS offers a diploma option; however, to visit any organization interested in comes to the agency for day to day op- fication is earned. The KCTCS currently they were moving toward an associate charitable gaming. He said that the de- erations. Representative Palumbo asked has nine accredited Surgical Technology degree level. He further stated that all partment has seen a significant increase who has to go through training. Leah programs located throughout the state KCTCS surgical technology programs in the number of exempt licenses issued Boggs, Director of Licensing and Com- providing an associate degree as well as were accredited by the Commission on to organizations whose annual gross re- pliance, said that currently there are no a diploma. Students who complete the Accreditation on Allied Health Programs. ceipts are $25,000 or less. He said last particular people who are required to at- program earn up to 22 general education Representative Westrom asked what the year there were 493 exempt organiza- tend training, unless there is a settlement credits and 34 college credit hours in difference was between credit hour re- tions and to date this year there are a agreement. She said in most of the set- surgical technology studies. Mr. Bidwell quirements for a surgical assistant and total of 564 exempt licenses. Mr. Lackey tlement agreements the office asks that said that surgical technology practices a surgical technologist. Mr. Bidwell said said the department believes it is a direct the CEO, the CFO and the chair-people have a vast potential to impact patient the assisting program would be a post result of informing charities and civic of gaming come to training. The training care negatively and therefore requires surgical technologist program. Sena- groups of what charitable gaming can is open to any volunteer, any officer, any formal training in anatomy, physiology tor Denton asked if most of the people do for an organization. He said that in booker, and is free once a month in the and surgical procedures that go beyond hired now as surgical technologist have 2007 the average profit for a charity was office. She said that once a quarter addi- basic on-the-job training. He said that been trained through an accredited pro- $69,000. Mr. Lackey said training was a tional training is done just for raffles and advances in medicine and surgery require gram. Mr. Bidwell replied that they have. key factor to successful charitable gam- church festivals because a large number an educated, well prepared surgical as- Senator Denton asked what groups ing, adding that training is offered on the of organizations only have these events. sistant. Mr. Bidwell said it was his belief were against the bill. Mr. Bidwell said first Tuesday of each month at the office She said that the office will go out in the that surgical technologists should re- they have not been approached by any in Frankfort. Mr. Lackey told the com- state as requested. Mr. Lackey said that ceive formal didactic and clinical training opposition; however, there have been mittee that money generated by chari- an auditor is also at the training session in an accredited academic setting and be discussions with members of the nurs- table gaming is larger than pari-mutuel to show groups how to correctly com- able to demonstrate that he or she has ing associations. Mr. Nelson said there betting and it is an all cash business. He plete reporting forms. Representative the skills necessary for safe, competent have been questions and concerns from said that the big money made in chari- Firkins said the Jefferson County Delega- and knowledgeable practice by passing the hospital associations regarding avail- table gaming is in pull-tabs, followed by tion had recently met with charitable or- a nationally recognized and accredited ability of technologist. Senator Denton Bingo and raffles. He said any organiza- ganizations who said the office’s investi- Certification for Surgical Technologist commented that it was unusual for a tion that has 501c status, has been in gators and enforcement officers typically

32 2008 Interim LEGISLATIVE RECORD come into their gaming sessions with the Kentucky State Police could come be- communities. She noted that in these to the table. Interested parties would a threatening manner. He asked if the fore the committee to explain how they troubling economic times we need to like to film the productions in Kentucky office was aware of this behavior in Jef- actually handle the situation with the il- “think outside the box” and create mu- because they are Kentucky stories and ferson County. Mr. Lackey said he would legal slot machines, as no one is able to tual incentives that work for Kentucky. there are ideas that are on the drawing like to talk to the individual who has provide concrete information. Senator Joining the First Lady were commu- board at this time. the complaint as he has personally been Buford said that the U.S. District Attor- nity leaders who discussed how the film Mayor Walker pointed out that it is visiting groups and has not heard any ney’s office deals with this offense. industry had impacted their communi- not just about the incentives but to look complaints about enforcement officers Representative Jenkins reminded ties. at how much is spent in the communi- visits. Mr. Lackey added that he felt that members that the next meeting is No- Mayor Fred Siegelman of Versailles ties. the people in questions were compliance vember 14th at 10:00 AM. The meeting told how rewarding and successful the Representative Denham noted that officers who inspect the facilities every was adjourned at 11:35 AM movie “Elizabethtown” was for his city filming in his region had been a very six to eight weeks. Senator Seum said and that people from surrounding areas good economic impact for the area and he was concerned about a mandate on INTERIM JOINT COMMITTEE came to the city for the filming. that one of the best outcomes was that charities to come to Frankfort for train- ON LOCAL GOVERNMENT Mayor Elaine Walker, City of Bowl- it brought the community together for a ing at their own expense and suggested Minutes of the 3rd Meeting ing Green, is very familiar with the film common cause. that the office take the training to the of the 2008 Interim industry because her husband is a film- The First Lady noted that native charities. Mr. Lackey responded that October 17, 2008 maker and she said aggressiveness is Kentuckian, Ashley Judd, is interested the Chief Executive Officer, the Chief Fi- The third meeting of the Interim required to attract filmmakers. She said in filming in Kentucky. She reminded nancial Officer and those that chair the Joint Committee on Local Government filmmakers enjoy Kentucky’s scenery the committee of the number of world games would be mandated to attend the was held on Friday, October 17, 2008, at and that for purposes of economic de- visitors and viewers Kentucky will have training. Senator Seum asked if a person 10:00 AM, in Cascade Ballroom C, at the velopment, it means that sometime you for the 2010 Games which is estimated was required to have a license for a raffle Kentucky International Convention Cen- have to give up a little to gain a lot. at 500 million people. And, there are a only. Mr. Lackey said that if the ticket ter, in Louisville, Kentucky. Representa- Professors John Fitch and Chad number of residents and ties to the film sales exceed $150 there was a license re- tive Steve Riggs, Chair, called the meet- Cogdill, Assistant Professors of Com- industry already located in the state. quirement. Representative Meeks asked ing to order, and the secretary called the munication at Eastern Kentucky Univer- Representative Riggs asked how co- if it was legal for a charity to own the fa- roll. sity, talked about the film industry as it ordination with the local governments cility they are gaming in. Mr. Lackey said Present were: relates to students. Professor Fitch said would work concerning incentives. The if you own a facility such as the Catholic Members: Senator Damon Thayer, that students seeking motion picture de- First Lady indicated that they were trying Church or the veterans, you can have a Co-Chair; Representative Steve Riggs, grees have increased 300% and that the to put together an incentive package for full gaming session at your facility and do Co-Chair; Senators Walter Blevins, Jr., film industry is utilizing EKU students in the entire state. not have to have a facility license. Repre- Julian M. Carroll, Ernie Harris, Alice For- film productions. Professor Cogdill indi- Senator Carroll said that Kentucky sentative Meeks asked if the department gy Kerr, Elizabeth Tori, and Johnny Ray cated that providing job and internships needs to be ready to capture the oppor- was not trying to identify businesses Turner; Representatives Scott W. Brink- to students would be an advantage. tunity when approached to promote the who operate slot machines in the back of man, Ron Crimm, Mike Denham, Rich- Professor Jeff Day, Assistant Profes- state. their businesses. Mr. Lackey replied that ard Henderson, Charlie Hoffman, Den- sor and Director of Theatre and Cinema Next on the agenda were Ms. Sylvia if a proprietor of a business has slot ma- nis Keene, Adam Koenig, Tom McKee, Performance at Asbury College, also Lovely, CEO and Executive Director of the chines that he is making a profit from it Reginald Meeks, Brad Montell, David discussed how the film industry affects Kentucky League of Cities. Joining her is gambling, which is illegal in this state; Osborne, Arnold Simpson, Ancel Smith, students. He said that Asbury College were Mayor Glenn Caldwell, Kentucky however, enforcement is difficult due to and Jim Wayne. had invested $2.5 million in technology League of Cities President and Mayor of lack of manpower. He added that the Guests: First Lady Jane Beshear; and a building for theatre and cinema Williamstown, Mr. J. D. Chaney, Director department has no arrest authority un- Mayor Fred Siegelman, City of Versailles; because of the interest of students. Pro- of Governmental Affairs, and Mr. Temple less a felony is witnessed at the time of Mayor Elaine Walker, City of Bowling fessor Day noted that many students are Juett, General Counsel, Kentucky League the offense. Representative Meeks said Green; John Fitch and Chad Cogdill, East- moving to California to be close to the of Cities. They discussed the platform for the legislature should be more diligent in ern Kentucky University; Jeff Day, As- film industry. the 2009 Session of the General Assem- providing the department with enforce- bury College; Secretary Marchetta Spar- Secretary Marchetta Sparrow, Tour- bly. Ms. Lovely indicated that the num- ment powers for illegal gambling. Rep- row, Tourism, Arts and Heritage Cabinet; ism, Arts, and Heritage Cabinet, also ber one priority for the 2009 Session will resentative Santoro said the charitable Mayor Glenn Caldwell, City of William- encouraged support of this industry in be pension reform. She also discussed organizations in his district have been stown; Sylvia Lovely, J. D. Chaney, and Kentucky. “Your City, Your Future” initiatives. Re- pleased with the department since Mr. Temple Juett, Kentucky League of Cities; Due to technical difficulties, a short cent studies have shown that young Lackey had taken over the office. Sena- and Larry Kline, City of Covington. film that showed what the state has to people look for a place to live, then look tor Buford said the department staff was LRC Staff: Mark Mitchell, Joe Pinc- offer to the film industry was not able for a job; there is a “New Localism”-- doing an excellent job. Marty Hammons zewski-Lee, John Ryan, and Marlene to be shown, but the First Lady said people who have left are returning to said that compliance officers are having Rutherford. she wanted communities to know the Kentucky. By the year 2050, people will training programs installed on their lap- The minutes of the September 24, opportunities and incentives this can live in or around eight super cities. While tops. He said it was very important to 2008, meeting were approved without bring to Kentucky and would be happy Kentucky has none, it is situated close the department that all staff perform in objection. to attend another meeting to show and to those cities such as Atlanta, Chicago, a professional manner. Larry Bond, Dep- First on the agenda was First Lady discuss the film. Providing incentives to and Charlotte. uty Secretary of the Public Protection Jane Beshear who discussed the impact this industry will provide jobs, keep our Mr. Juett reiterated that the primary Cabinet, said that the department takes of the film industry in Kentucky and on youth interested in the arts in Kentucky, focus will be on pension issues. He said its job very seriously and wants to work local governments. She said that there provide tourism, and economic develop- that House Bill 1 did not extend the short with the charities in a spirit of coopera- are many marketing opportunities to cre- ment. term relief and that rates will increase tion. He added that the General Assem- ate an image for the state because of the Representative Montell indicated once the one time rate reduction ends bly created the Department of Charitable state’s beautiful landscape and because that the committee needs input from the next year. Mr. Juett stated that KLC sup- Gaming and that the department was of the different landscapes within the people that have been involved in this ports full-funding but that the actuari- limited to “charitable gaming.” He said state, is more economical for film com- area. He said that the state is in a unique ally required contribution (ARC) should that illegal gambling was a law enforce- panies to move from one area to another position with the Ryder Cup and the be extended, the five year initiative is ment issue. within the state in making a film. First 2010 Games. Referring to productions too short, and that if the state has 20 Representative Jenkins said that the Lady Beshear pointed out that many that are pending inducements, he asked years, local governments should have 20 committee was going to have someone productions about Kentucky have been what the timeframes were for decisions years also. He indicated that the League from the Auditor’s Office come before or are being lost to other states because on incentives and whether the state was is interested in other retirement related the committee to discuss their report on there are no incentives to lure them to in danger of losing out on these produc- issues of healthcare and classified school charitable gaming in Kentucky, possibly the state, and that support costs would tions being filmed in Kentucky. The First employees. Mr. Juett also discussed the in November. Representative Westrom be very little to Kentucky in terms of the Lady indicated that many are waiting to idea of a Local Government Employee asked if the Department of Justice and economic impact to the state and local see what incentives Kentucky will bring Retirement System. He stated that KLC’s

THE KENTUCKY GENERAL ASSEMBLY 33 primary position is to give short term re- nise Harper Angel, Joey Pendleton, Dors- working with quality employers. They of Fort Knox with multiple deployments. lief to local governments. ey Ridley, Dick Roeding, Dan Seum, and have 5 field representatives throughout Col. Schwartz stated that they are build- Senator Carroll asked whether a re- Jack Westwood; Representatives Shel- the U.S., work with 15 building and con- ing remarkable homes for their soldiers duction in the monthly contribution to don E. Baugh, Dwight D. Butler, Larry struction trade organizations, and their and families to live in and that in 2010 the retirement fund would have an effect Clark, Tim Couch, Ron Crimm, Bill Farm- employer associations represent over Fort Knox will have received the a $200 of a shortfall. Mr. Juett said it would not. er, David Floyd, Jeff Greer, Jimmie Lee, 82,000 contractors and 85 apprentice million Human Resource Complex which He said the annual contribution which Fred Nesler, Steve Riggs, Tom Riner, Sal crafts. Mr. Roberts added that they have is a mega center of human resource ca- leads to full funding on the pension Santoro, Charles Siler, Dottie Sims, Ancel a wounded warrior program to support pabilities. They will be bringing in about system is for healthcare. Senator Car- Smith, John Tilley, and Alecia Webb-Edg- disabled veteran employment and there 4,000 members of a workforce for that roll also asked what cities are doing to ington. are approximately 5,800 veterans cur- complex. He added that in 2010 they control healthcare benefits. Ms. Lovely Guests: Clinton Meshew, Mildred rently seeking employment that resides will go from a population of 22,000 to said that cities are using any resources Meshew, Paul Schlisser, NCOA; Ronnie in the I-65 corridor between Louisville 34,000 which is a challenge. and programs they can to bring down L. Boggs, Kathi Marshall, Geoff Pinkerton, and Elizabethtown. He stated that Hel- Sen. Seum asked what the current the costs. Office of State Budget Director; Wendell mets to Hardhats will hold a construc- total population is at Fort Knox. Col. Mr. Chaney also briefly discussed Lawrence, Sherry Johnson, Brad Richard- tion career training in the Fort Knox area Schwartz stated that 24,000 is an esti- pensions and the need to restore mon- son, Lincoln Trail ADD; Darrell Roberts, in 2009. mated total daytime population at Fort ies lost by local governments from the Larry Roberts, Helmets to Hardhats; Lau- Mr. Roberts finished his Power Point Knox. telecommunications tax. He said ap- ra Owens, WKU; Bobbie Smith, JECVO; presentation by discussing the Mont- Rep. Greer asked Col. Schwartz for proximately $7.5 million needs to be Patricia LaChance, VFW Ladies Auxil- gomery GI Bill listing the increased edu- an updated estimate of how many civil- added for each year since the passage iary; Lawrence Winburn, Phillip Knight, cational assistance allowance as of Au- ian jobs will be created at Fort Knox due of the legislation, or $22 million, to the Laborers Union; and Col. Eric Schwartz, gust 1, 2009. He added that for further to BRAC. Col. Schwartz stated there will hold harmless fund to make up for the Garrison Commander, Fort Knox. information and assistance, members be 2,700 vacancies for civilian jobs over revenues local governments have lost. LRC Staff: Erica Warren, CSA, Mu- and veterans could go to their website at the next 2 years. He also said that cities are opposed to stapha Jammeh, Andrew Coyle, and www.helmetstohardhats.org or call 866- Co-Chair Tori asked about cur- mandated centralized collection of occu- Rhonda Schierer. 741-6210. rent recruiting and what it is like. Col. pational license fees. Co-Chair Pullin asked committee Co-Chair Pullin asked if Helmets Schwartz stated that the Army is reach- Mr. Larry Kline, Assistant City Man- members to review minutes from the to Hardhats uses any of the state vet- ing its recruiting goals and that the ager, City of Covington, discussed char- October committee meeting for approv- erans or military affairs official websites typical enlistee is now an older recruit ter county governments. He said that al, which were approved by a unanimous to promote the program with a link or between the age of 23 to 31, many of the process of creating a charter county voice vote upon a motion and a second. any other information. Darrell Roberts whom are married with children. government is biased in favor of coun- Co-Chair Pullin called upon Co- stated that the national program does ties because the commission is county- Chair Tori to read a resolution for a use these types of websites in Arizona, Sen. Gibson asked where are the dominated and is presided over by the fallen soldier, Sergeant William Patrick Alaska, and Washington State, but the approximately 4,000 troops coming county-judge executive. KLC urges an Rudd, and Rep. Alecia Webb-Edgington program is not on the Kentucky military from that will arrive at Fort Knox. Col. amendment to the statute for equal to read a resolution for a fallen soldier, websites but they will work with the ap- Schwartz stated that they will be return- membership among city and county gov- Sergeant Daniel Wayne Wallace, who propriate groups to try to make it hap- ing from Afghanistan. ernments and that the charter county lost their lives in the global war on ter- pen in Kentucky. Co-Chair Pullin called on Brad Rich- commission chooses a presiding officer. rorism. Co-Chair Pullin called upon Rep. Sen. Harper Angel asked if the Hel- ardson, Executive Director, One Knox and Mr. Kline also said that progress Greer to read a resolution in memory of mets to Hardhats program use public Wendell Lawrence, Executive Director, has been made at the local level to sim- the late Rep. Larry Belcher, a Vice Chair service announcements on television Lincoln Trail ADD for an update on One plify the administration of occupational of the Seniors, Veterans, Military Af- through such companies as Insight. Dar- Knox. Mr. Richardson started the update license fees. He noted that the rules are fairs, and Public Protection Committee. rell Roberts stated that the program is on One Knox by referencing a Power- not different from county to city state- Co-Chair Pullin presented a resolution in promoted on public service radio. Point presentation in the members’ fold- wide--only the rates are different. He memory of the late Rep. Jim Bruce. The Co-Chair Pullin introduced the new ers. He discussed the One Knox mission also pointed out that in Boone, Camp- committee stood in a moment of silence Garrison Commander at Fort Knox, Col. statement, primary goals, and their com- bell, and Kenton Counties, free tax in honor of the soldiers and Representa- Eric Schwartz, and asked him to give an munication and outreach. He stated that preparation is available to businesses if tives. All four resolutions were adopted update on BRAC. Col. Schwartz stated in September and October they hosted a taxpayer finds the forms too confus- by a unanimous voice vote upon a mo- that before he talked about BRAC, he 80 HRC civilian personnel who came to ing. Local businesses and taxpayers are tion and a second. wanted to talk about soldiers, families, their area and spent 3 days looking at better served at the local level with lo- Co-Chair Pullin called on Darrell and the Army. He stated that the sol- schools, houses, hospitals, and going on cal representation that is accessible, re- Roberts, Executive Director, Helmets to diers are either deployed, deploying, or post. They have hosted others on these sponsive and accountable. Hardhats. Darrell Roberts introduced waiting to deploy and he discussed the tours as well. There will be approximate- There being no further business, the Larry Roberts, State Director, Kentucky latest simulators and technologies they ly 1,500 new jobs in IT and HR adminis- meeting was adjourned at 12:00 p.m. State Building & Construction Trades have at Fort Knox to train their soldiers. tration available by 2012. Council. Larry Roberts said it was an Col. Schwartz stated that many of the The Economic Impact Analysis per- INTERIM JOINT COMMITTEE honor to travel the United States to talk soldiers that have been in the service for formed in December 2007 found that ON SENIORS, VETERANS, to veterans about the building trades 5 years have spent 3 years of it in Iraq there will be over 20,000 military and MILITARY AFFAIRS, AND and opportunities for various appren- and said that is the life of soldiers today civilian jobs at Fort Knox by 2012, with PUBLIC PROTECTION ticeship programs, and showed a video and it is tough because it is out of bal- a population gain of over 14,000, to in- Minutes of the 5th Meeting focusing on the experiences of partici- ance. Col. Schwartz stated that the Army clude 6,000 new households for the en- of the 2008 Interim pants from Kentucky. Mr. Roberts briefed and Fort Knox is in the process of rebal- tire impact region, and more than $300 November 6, 2008 the committee on Helmets to Hardhats ancing which is BRAC, Base Realignment million in new payroll, which will then The 5th meeting of the Interim Joint and referenced the power point handout and Continuation. He added that the exceed $1 billion. The state tax revenue Committee on Seniors, Veterans, Mili- in members’ folders. Mr. Roberts stated Army has a lot of small satellite instal- generated during BRAC period through tary Affairs, and Public Protection was that the Department of Defense funds lations that have been around for many 2011 will exceed $385 million. held on Thursday, November 6, 2008, at Helmets to Hardhats and that the pro- years that were not efficient or effective Wendell Lawrence discussed a 1:00 PM, in Muldraugh, KY. Representa- gram offers military veterans an oppor- and it was time for them to close and/ growth management plan and stated tive Tanya Pullin, Chair, called the meet- tunity to establish a lifelong career in the or consolidate with larger installations that the economic impact of BRAC com- ing to order, and the secretary called the construction industry by providing a di- such as Fort Knox. He stated that Fort pares to that of Toyota. Mr. Lawrence roll. rect link to military job seekers. He added Knox has a lot of really good things for discussed major recommendations for Present were: that veterans can access the program’s families of soldiers to do while their sol- joint land use in developing regionalism Members: Senator Elizabeth Tori, careers and apprenticeships via internet diers are deployed but that the first and throughout the Fort Knox area, devel- Co-Chair; Representative Tanya Pullin, anywhere in the world, and they cater foremost job is to protect and provide for oping and fostering regional compatible Co-Chair; Senators Carroll Gibson, De- to building and construction trades, and these families, as soldiers are in and out land use, fostering economic prosperity,

34 2008 Interim LEGISLATIVE RECORD and supporting regional transportation LRC Staff: Joyce Crofts, Brad Gross, Mr. Tompkins said that “Kentucky. duct investigations, few were requested planning as it relates to military/civilian Alisha Miller, Karen Powell, Greg Woos- gov” is a public/private partnership that for a period of about 10-12 years. This growth. Mr. Lawrence discussed a health ley, and Peggy Sciantarelli. was created in 2003 to help the Com- has changed in the last couple of years, and human services analysis which The Committee honored Joyce monwealth fulfill e-government initia- and the Board has been involved in a is ongoing and stated that their local Crofts, Committee Staff Administrator, tives by building online services and number of investigations. Four were car- health department is chairing a planning upon the occasion of her impending re- web sites. He said “Kentucky.gov” is the ried forward from the prior fiscal year, committee. tirement at the end of October. She was technology provider for development of one investigation was opened during FY Rep. Crimm asked if they have a given a bouquet of roses, after which the E-Transparency web site on behalf of 2008, and one investigation was com- group in Jefferson County to promote Representative Cherry read, and present- the Commonwealth. pleted. employment with jobs associated with ed her with, a resolution commending Senator Carroll asked whether there In conclusion, Mr. Sipek said that BRAC. Mr. Lawrence stated that they her for her service to the General Assem- are any plans to make the web site a the Board submitted amendments to ad- are working with the Kentuckiana Works bly. Senator Thayer presented her with a one-stop site for online services for the ministrative regulation 101 KAR 1:325, group. certificate naming her an “Admiral in the Finance and Administration Cabinet. Mr. which establishes the length of proba- Rep. Clark asked about the six ed- Great Fleet of the Commonwealth.” The Haskamp said he is not aware of any and tionary periods. The amendments were ucational projects Mr. Lawrence men- ceremony concluded with a group photo that the site is primarily informational approved, effective June 6, 2008. He said tioned. Mr. Lawrence stated that all 6 are of committee and staff. The Committee and educational. that this regulation changes on a fairly building projects aimed at mitigating the also wished Representative Coursey a Senator Carroll asked about the regular basis in response to information increased demands on the school system happy 30th birthday. private segment of the “Kentucky.gov” from the Personnel Cabinet and other in the area. Representative Cherry announced partnership. Mr. Tompkins said that the agencies regarding the need to shorten Sen. Roeding asked if the $385 mil- that the Personnel Cabinet has invited Commonwealth contracts with a private or lengthen probationary periods for cer- lion was all new money coming into the the Committee to an open house at its company, Kentucky Interactive, LLC, tain positions. state. Mr. Richardson stated that that new offices in the State Office Building which is the organization that employs Ms. Goodmann said that she is a figure includes money that is here now immediately following the meeting. He him. He said it is a for-profit company 20-year veteran with the Personnel Cab- and what come as a result on BRAC. encouraged all members to attend and that is funded through processing and inet and was involved in development of Co-Chair Pullin asked about the noted that van transportation to the convenience fees that are added to some the Cabinet’s mediation program. She status of the $100 million dollar appro- open house would be available. Repre- transactions for certain online service said she looks forward to serving on priation from the General Assembly for sentative Napier said that some of his applications that the Company devel- the Board, working to help increase the BRAC. Mr. Lawrence stated that 50% constituents have advised him that el- oped. He added that 90 percent of what number of settlements, and also helping of the appropriation is to be used for evators in the renovated State Office Kentucky Interactive does is for free and to educate and train state workers and transportation issues and the remaining Building have not been working properly. that the Company is “taking some up- managers so that fewer appeals will need 50% is assigned to other infrastructure Later in the meeting Crystal Pryor, Legis- front risks now” by not charging for its to be filed. issues. lative Affairs and Media Relations Liaison part in the E-Transparency web site. He Representative Cherry asked for the Personnel Cabinet, personally ex- said it is possible that some online ser- whether it can be assumed that the 149 There being no further business, tended the invitation to the Committee. vice applications might be added in the employees who withdrew may have had the meeting adjourned. Representative Cherry asked her to look future that would include a transaction their interests upheld. Mr. Sipek said it into the complaints about the elevators. fee. Discussion concluded, and Repre- would be hard to generalize regarding INTERIM JOINT COMMITTEE The minutes of the August 27 and sentative Cherry thanked the speakers. withdrawals. He went on to say that ON STATE GOVERNMENT September 24 meetings were approved The Personnel Board Annual Report people withdraw appeals for a number of Minutes of the 3rd Meeting without objection (motion by Represen- for Fiscal Year 2008 was next on the agen- reasons. In the 78 cases that were set- of the 2008 Interim tative Owens). da. Present from the Board were Mark tled, however, it is safe to say that the October 22, 2008 The first topic on the agenda was a Sipek, Executive Director; Andy Crocker, employee received something of value. If The third meeting of the Interim status report by the Governor’s E-Trans- General Counsel; and Tina Goodmann, those 78 cases are added to the 44 in Joint Committee on State Government parency Task Force. Guest speakers were the new Board chair. which employee appeals were sustained, was held on Wednesday, October 22, Greg Haskamp, Special Assistant to Fi- Mr. Sipek reviewed highlights of the the total compares favorably—about a 2008, at 1:00 PM, in Room 154 of the nance and Administration Cabinet Secre- report. He said that 418 appeals were 50/50 ratio—to the 127 agency actions Capitol Annex. Representative Mike tary Jonathan Miller; and Lee Tompkins, filed during FY 2008, and 398 final orders that were upheld. Cherry, Co-Chair, called the meeting to General Manager of “Kentucky.gov.” were sent out. He went on to say that Responding to questions from Rep- order, and the secretary called the roll. They provided the following handouts to 246 cases were pending as of the end resentative Yonts, Mr. Sipek said that the Present were: the Committee: E-Transparency Disclo- of the fiscal year. Based on prior experi- number of agency actions upheld relates Members: Senator Damon Thayer, sure Policy; Executive Order 2008-508, ence, that is a manageable workload for solely to final orders rather than hearing Co-Chair; Representative Mike Cherry, issued by the Governor in June 2008 to the Board. Of the 398 appeals that were officers’ recommendations. He went on Co-Chair; Senators Julian Carroll, Ernie create the Task Force; and test pages from resolved, 149 were withdrawn. Appeals to say that the number of appeals from Harris, Dan Kelly, Elizabeth Tori, and e-transparency web site, “Open Door are sometimes withdrawn because they the Board to Franklin Circuit Court was Johnny Ray Turner; Representatives Ed- – Kentucky’s Portal to eTransparency.” are settled. Probably of most significance not calculated for FY 2008 but that ap- die Ballard, Johnny Bell, Dwight Butler, Mr. Haskamp said that the primary is that 78 appeals resulted in agreed or- proximately two or three cases are ap- Larry Clark, Tim Couch, Will Coursey, purpose of the Task Force is to provide der settlements. With state agencies pealed to circuit court every month—or Tim Firkins, Danny Ford, Jim Glenn, a “one-stop shop” whereby citizens and employees working together toward about 24 to 36 cases annually. The Cir- Derrick Graham, Mike Harmon, Melvin can access information about noncon- resolution, the number of agreed orders cuit Court upholds the vast majority of Henley, Jimmy Higdon, Charlie Hoffman, fidential monetary transactions of the has been increasing over the last several those appeals. Mr. Sipek said that of the Jimmie Lee, Mary Lou Marzian, Lonnie Commonwealth. He explained that the years. This has been helpful to the Board 127 agency actions upheld, he did not Napier, Sannie Overly, Darryl Owens, E-Transparency disclosure policy directs in handling its workload and ensuring know how many reversed the hearing Tanya Pullin, Tom Riner, Carl Rollins II, all executive branch agencies, at a mini- that cases that go to hearing are heard officer’s recommendation. He said there Sal Santoro, John Will Stacy, Greg Stum- mum, to make available for the Gover- in a timely fashion. The Personnel Cabi- have been instances where the Board has bo, Tommy Thompson, John Tilley, Ale- nor’s E-Transparency web site financial net’s free voluntary Kentucky Employees reversed the hearing officer but that the cia Webb-Edgington, and Brent Yonts. data from the statewide accounting sys- Mediation Program has been a key factor Board upholds the hearing officer’s rec- Guests: House Speaker Jody Rich- tem, subject to disclosure under exist- in promoting increased cooperation and ommendation the vast majority of the ards; Greg Haskamp, Finance and Admin- ing agency policy, consistent with the resolving disputes before they reach the time. When Board action differs from istration Cabinet; Lee Tompkins, “Ken- Open Records Act and all relevant court appeal stage. Agency actions were up- the hearing officer’s, it is most likely to tucky.gov”; Mark Sipek, Andy Crocker, opinions and Attorney General opinions. held in 127 appeals, and employees were reduce or increase a recommended pen- and Tina Goodmann – Personnel Board; Using a slide presentation, Mr. Haskamp upheld in 44 appeals. alty. Robinil Jameson, Tony Smith, and Car- then reviewed elements of the test pages Mr. Sipek said that investigative ac- Representative Yonts said he is in- men Bishop - Kentucky Society of Cer- for “Kentucky’s Open Door,” the full-ser- tivities are included in the annual report terested in knowing the number of cases tified Public Managers (KSCPM); and vice, user-friendly web site that is sched- for the first time. He explained that, al- in which the Board reversed the recom- Crystal Pryor, Personnel Cabinet. uled to be launched January 1, 2009. though the Board has authority to con- mendation of the hearing officer when

THE KENTUCKY GENERAL ASSEMBLY 35 he sided with the employee. Mr. Sipek follow the law. The Board continues to development of the CPM program and INTERIM JOINT COMMITTEE said he will get that information for be alert to possible trends and is avail- the American Academy. Larry Totten of ON STATE GOVERNMENT Representative Yonts. He added that the able to provide any training that would the Department of Parks served as presi- Task Force on Elections, Personnel Board’s goal is to protect and be helpful. dent of the Academy in 2003, and to Constitutional Amendments, and support the merit system, and the Board Representative Stacy asked Mr. Si- date Larry has established the record of Intergovernmental Affairs sits as a true neutral. It does not have pek his opinion about sending appeals continuous service to the Academy at Minutes of the 2nd Meeting any interest in the outcome of individual from Board action to circuit courts in the the national board level. He also received of the 2008 Interim cases and, in his experience, when the counties where the complaint originated the 2004 Henning award, the highest October 28, 2008 Board reverses the hearing officer it is be- instead of Franklin Circuit Court. Mr. Si- honor the American Academy bestows The 2nd meeting of the Task Force cause they believe he has made a wrong pek said the Board has not taken a posi- on a member for career accomplishment, on Elections, Constitutional Amend- decision. Representative Yonts asked tion on that issue but that his personal community service, and contributions ments, and Intergovernmental Affairs whether it might be a better procedure opinion is that, from the Board’s stand- to state and national public manager of the Interim Joint Committee on State for state agency appeals to be heard by a point, there are advantages in going to organizations. The 2008 KSCPM presi- Government was held on Tuesday, Octo- body of administrative law judges, with Franklin Circuit Court. He said the judges dent Tony Smith, who recently retired ber 28, 2008, at 1:00 PM, in Room 171 appeals from their decisions going di- there are familiar with administrative ap- from the Transportation Cabinet, cur- of the Capitol Annex. Representative rectly to circuit court and bypassing the peals, and board hearings are required rently co-chairs the Academy’s Ways Darryl T. Owens, Chair, called the meet- governing board of the agency. Mr. Sipek by statute and regulation to take place and Means Committee and last month ing to order, and the secretary called the said that might be better for other state in Frankfort. He said he thinks the ap- at the national conference in Ohio was roll. agencies but probably would not be an peals system would work either way but elected to serve on the newly-formed Present were: improvement for the Personnel Board. added that there are not any complaints educational foundation board. KSCPM Members: Senator Damon Thayer, He said Personnel Board review, which about the current system. Treasurer Carmen Bishop has served Co-Chair; Representative Darryl T. Ow- upholds the hearing officer the vast ma- Representative Graham said he be- as a member of the Academy’s finance ens, Co-Chair; Senators Julian M. Car- jority of the time, serves an important lieves it is important to keep the appeals committee since 2007 and served as the roll, Carroll Gibson, Ernie Harris, Alice function—to get a certain amount of in Franklin County because it is the seat 2006 AACPM conference treasurer. Each Forgy Kerr, Elizabeth Tori, and Johnny continuity and similarity in decisions. of state government, the judiciary is well year the American Academy awards two Ray Turner; Representatives Mike Cherry, When independent hearing officers are qualified in regulatory law, and it would Wilkerson scholarships to members Larry Clark, Tim Firkins, Joseph M. Fisch- used, sometimes the results are incon- be less costly to the state. Representa- who have pursued professional develop- er, Mike Harmon, Melvin B. Henley, Mary sistent, and the Board review, as one last tive Graham also thanked everyone for ment while following a career in public Lou Marzian, John Will Stacy, Kathy W. step in the process, helps ensure that their prayers, cards, and visits after his management. In 2007, Patrick Brown of Stein, and Greg Stumbo. similar cases have similar results. recent automobile accident. the Department of Criminal Justice was Guests: Trey Grayson, Secretary Representative Clark asked about Discussion concluded, and Repre- Kentucky’s first scholarship recipient; in of State; Katie Gabbard, State Board of the subject matter of the 418 appeals sentative Cherry thanked the speakers. 2008, Rebecca Collins of the Office of Elections; James Lewis and Don Blevins, filed in FY 2008. Mr. Sipek said that that The final agenda item was a presentation Financial Institutions, was a scholarship Kentucky County Clerks Association; information is not included in the report. by the Kentucky Society of Certified Pub- recipient. Ryan Halloran, Office of Attorney Gen- He went on to say that it is common to lic Managers. Representing the organiza- Concluding her remarks, Ms. eral. have a large number of appeals from dis- tion were Robinil Jameson, past presi- Jameson said that KSCPM continues to LRC Staff: Judy Fritz, Bill VanArs- ciplinary actions and that a fair number dent; Tony Smith, president; and Carmen offer additional training opportunities to dall, and Terisa Roland. of appeals come from employees who Bishop, treasurer. maintain and upgrade the management Representative Owens asked for ap- have been denied a promotion. Appeals Ms. Jameson gave an overview of skills of CPMs throughout their careers proval of the October 28, 2008 minutes, from applicants for employment regis- the Society, accompanied by a slide pre- and continue the networking and train- and they were approved. ters probably account for a fair number sentation. In summary, she said the or- ing opportunities they have started with Secretary of State Trey Grayson, and of the 418, although the number of ap- ganization strongly believes that partici- the CPM program. The Society’s goals Katie Gabbard, State Board of Elections, plicant appeals has been greatly reduced pation in and completion of the certified are to be an accepted management re- gave a summary on pros and cons of due to new procedures implemented by public manager program is a significant source for Kentucky state government, early voting. the Personnel Cabinet. milestone and should be recognized by to advertise the value of the CPM pro- Secretary Grayson said early vot- Representative Clark asked whether the Commonwealth and its policy lead- gram and the Society to agency heads, ing occurs when a person wants to vote the agreed order settlements are mon- ers. The enhanced knowledge and skills and to promote the utilization of the on any day prior to Election Day, with etary. Mr. Sipek said it would be hard that individuals acquire from CPM (certi- Society as a valuable enhancement to an excuse. He said early voting has been to categorize them as mostly monetary. fied public manager) training make them agencies. Several members of the Society expanded in some states so anyone can He explained that often in disciplinary more valuable employees. The CPM pro- who were present in the audience were vote early if they choose. Early voting cases there might be a reduction in pen- gram was started 32 years ago by for- then recognized individually. reduces the lines on Election Day and alty. The only limit on settlements is the ward-thinking individuals in the state of Representative Cherry asked more people are voting which reflects a imagination of the parties, and methods Georgia. It was modeled after the certi- whether any elected officials are CPM more mobile lifestyle. of settlement have become more and fied public accounting structure and is members. Ms. Jameson said that in the Secretary Grayson said the main more creative. A large majority of the active in 28 jurisdictions from coast to state of Kentucky they are not but that argument against early voting is the ex- settlements do not involve exchange of coast. Additional states are in the pro- any legislators interested in certification pense. To prepare for early voting means a lot of money. cess of establishing programs. The pro- should contact the Personnel Cabinet’s more staff in county clerks’ offices, and Representative Owens asked gram is based in large part on recognition Governmental Services Center. an extra cost for challengers. He said whether there is a process to look for that public service is a profession and has Senator Carroll commended the there is a constitutional issue in Ken- trends in matters appealed in order to raised the bar for those in public service Kentucky CPM program. He suggested tucky. Our constitution states the elec- reveal problems that may need to be ad- who believe in establishing high stan- that members of the Committee encour- tion is the first Tuesday in November and dressed. Mr. Sipek said that the Board dards for performance, skills, and eth- age their local managers involved in state that voting has to be done that day un- has that capacity and has not seen any ics. Participation in the program helps to government operations to become CPMs. less the person is out of the county. Sec- trends that account for a large number of enhance the public trust. Kentucky es- Representative Graham also commended retary Grayson agrees that early voting cases. He said that about five years ago tablished its CPM program in 1985, and the organization and its representatives. is a good option, but that it should be the Board noticed that agencies were los- it was accredited by the national CPM Business concluded, and Represen- limited to a shorter period of time than ing a lot of cases involving promotions. consortium in 1989. The graduates of tative Cherry thanked Ms. Jameson, Ms. most states currently allow. The Board then conducted a training the Kentucky CPM program established Bishop, and Mr. Smith. The meeting was Representative Owens wanted session for agencies and subsequently the Kentucky Society of Certified Public adjourned at 2:15 p.m. to know how many days the Secretary saw fewer appeals on promotions and Managers and became chartered by the would recommend. Secretary Grayson more favorable results for the agencies. AACPM (American Academy of Certified said less than a month. He said the goal of the training was not Public Managers) in 1992. Since joining Ms. Gabbard said Section 147 of to enable agencies to win appeals but to the Academy, Kentucky CPM represen- the Kentucky Constitution allows early encourage agencies and employees to tatives have played leadership roles in voting for individuals who will be out of

36 2008 Interim LEGISLATIVE RECORD the county on Election Day. She also said an opinion to that question and report es, one on early childhood education and sponse was that Kentucky has several that federal law permits persons in the back to the committee. the other on higher education, would be advantages. First, the state has a history military, citizens out of the country or There being no further business, established to position the workforce for of passing balanced budgets based upon handicapped persons are allowed to vote the meeting adjourned at 2:30. the inevitable turn around in the econ- reasonable revenue estimates provided early. She said the statutes are very con- A tape of this meeting and all meet- omy. Also, his administration will be by the Consensus Forecasting Group. fusing and that it would be good to have ing materials can be found in the Legisla- operating leaner and more efficiently to Second, the state has a history of being a constitutional amendment to clear up tive Research Commission library. continue to provide needed services to proactive in making budget reductions all of the issues. citizens during these difficult times. during difficult times. Third, the state Representative Owens said infor- CAPITAL PROJECTS AND Secretary Miller reported that in ear- has a solid credit record, including pay- mation supplied by the Secretary of State BOND OVERSIGHT ly July, at the beginning of the fiscal year, ing debt service even in times when the and the State Board of Elections regard- COMMITTEE the Finance Cabinet issued $400 million state did not have an enacted budget. ing early voting was in the folders. Minutes of Tax and Revenue Anticipation Notes Finally, the state has a centralized debt Representative Stein asked Secre- October 21, 2008 to provide working capital for state op- management process that is responsive tary Grayson about a constituent that The Capital Projects and Bond Over- erations, thus avoiding the predicament to market conditions. was 65 years old who asked her about sight Committee met on Tuesday, Octo- that California and Massachusetts found Secretary Miller reported that during early voting for himself and other elderly ber 21, 2008, at 1:00 PM, in Room 169 of themselves in recently wondering if they a time when most state and local gov- people. the Capitol Annex. Representative Mike would be able to make payroll. In Au- ernments postponed bond transactions There was discussion on how many Denham, Chair, called the meeting to or- gust, the Cabinet facilitated a $50 mil- of any significant size, these positive at- days before Election Day that would be der, and the secretary called the roll. lion bridge loan to the Kentucky Higher tributes allowed the Commonwealth to considered “early.” Present were: Education Student Loan Corporation that move quickly in what appeared to be a Representative Owens said a sum- Members: Senator Elizabeth Tori, provided funds for Kentucky students to frozen municipal bond market in early mary of 09 RS BR 187, and a draft of leg- Co-Chair; Representative Mike Denham, obtain student loans for the 2008-2009 October. Strong planning and flexibility islation that would permit early voting Co-Chair; Senators Tom Buford, Jerry academic year. In early September, the permitted Kentucky to raise the much- was in their folders. Rhoads, and Dan Seum; and Representa- Cabinet assisted the Kentucky Housing needed funds on favorable terms before There was discussion about the tives Steven Rudy and Jim Wayne. Corporation with its first transaction the cost of capital rose a reported 54 ba- election hours being extended and also Guests testifying before the Com- under the federal Housing Assistance sis points to 6.01% as measured by the discussion about Election Day being mittee: Jonathan Miller and Paul Ka- Tax Act, providing $70 million to contin- Bond Buyer 20 Bond General Obligation moved to Saturdays. More states are plan, Finance and Administration Cabi- ue the first-time home buyer program for Bond Index. The Commonwealth’s un- adapting to early voting instead of vot- net; Walter Clare, Kentucky Housing low-to-moderate income Kentuckians. insured General Fund supported bonds, ing on Saturdays. Corporation; Jim Host, Louisville Arena In early October, approximately SPBC Project 90, issued on October 7, James Lewis, County Clerk of Leslie Authority; Bob Wiseman, University of $400 million of State Property and Build- had an all-in-true interest cost of 5.49%. County, and Legislative Liaison for the Kentucky; John Osborne, Western Ken- ings Commission (SPBC) bonds were is- By comparison, the AA-rated State of Kentucky County Clerks’ Association tucky University; Larry Owsley, Univer- sued to provide permanent financing for New York General Obligation bonds is- said the association’s position on early sity of Louisville; John Hicks, Governor’s capital projects authorized by the Gen- sued last week carried a maximum yield voting is that the constitutional ques- Office for Policy and Management; Debby eral Assembly since 2005. This funding of 6.40%. During the same period, Berk- tion has to be resolved. He said every- Milton, Kentucky Infrastructure Author- will ensure that important construc- shire Hathaway insured Pennsylvania one understands that there are admin- ity; Katie Smith, Economic Development tion projects that are already underway Turnpike bonds had a maximum yield of istrative problems with early voting or Cabinet; Brett Antle, Office of Financial for higher education, health and public 6.25%. absentee voting and there will need to Management; and Austin Simms, Lex- safety, and economic development can Secretary Miller said the cost to ac- be financial help for most precincts for ington Housing Authority. continue to move toward completion. cess capital in the bond market has gone either of these to occur. LRC Staff: Nancy Osborne, Shawn The Cabinet also refunded $200 mil- up dramatically since the late spring and Don Blevins, County Clerk of Fay- Bowen, Kristi Culpepper, Don Mullis, lion in outstanding General Fund Project early summer (SPBC Project 89 was sold ette County, said that the cost would be and Jennifer Luttrell. Notes issued under the Kentucky Asset in April 2008 at approximately 4.62%). greater for larger districts but each pre- Representative Wayne made a mo- / Liability Commission (ALCo) interim fi- Secretary Miller indicated that the in- cinct would need to be ready for early tion to approve the minutes of the Sep- nancing program. creased cost of capital can be attributed voting. He said the idea of early voting tember 16, 2008 meeting. The motion While the commercial paper mar- to the failure of a number of highly-lev- has expanded nationally. was seconded by Senator Tori and ap- kets experienced a temporary disloca- eraged financial institutions that were Mr. Blevins said voting centers need proved by voice vote. tion in September and early October, under extreme stress and needed to raise to be available for citizens voting in their Representative Denham announced Secretary Miller said that the market is capital from their only remaining liquid county but not necessarily their pre- that the Committee would hear an up- anticipated to improve in early 2009 as assets, including their municipal bond cinct. date on the current financial markets. investors become more comfortable with portfolios. As a result, there has been a Representative Clark said that in- Jonathan Miller, Secretary of the Finance government guarantees for liquidity and flood of municipal paper in the market creasing the pay of precinct pay would and Administration Cabinet, was invited credit providers. as institutions continue to deleveraging bring better workers. to the table to update the Committee on to improve their capital ratios. Addition- Ryan Halloran, attorney with the the status of State Property and Building Next Secretary Miller posed ques- ally, there is a back-log of governmental Office of the Attorney General discussed Commission projects in relation to the tions he thought would be of interest to borrowing for new projects. As a result, an electronic poll book that is used in financial markets. the Committee. Should the state borrow investors have become much more par- other states; however, this book requires Secretary Miller thanked the Com- money during these difficult times and ticular and are focusing more on credit either a phone or internet modem, which mittee for allowing him the opportunity markets? The Administration’s response issues and are charging premiums more may not be secure. He said that though to say a few words regarding the finan- was an unqualified “yes,” because during consistent with those from years past. the General Assembly has passed some cial crisis. He reported that in response these tough times it is more important Secretary Miller indicated that he exceptions for early voters, a constitu- to these challenging economic times, on than ever for the state and federal gov- was pleased with the actions the Cabi- tional amendment would be needed to October 9 the Governor established the ernment to invest in public infrastruc- net has taken to date in response to the further change the rules for early voting. “Economic Action Team” comprised of ture and the public’s well-being. He economic crisis. The Administration will Senator Carroll said he thought only senior administration officials that would noted that these funds are critical to continue to look for other ways to re- constitutional amendments could be keep them apprised of market events maintaining policy objectives for higher duce costs while maintaining services. put on the ballot when legislators were and develop ideas to assist Kentuck- education, health and public safety, and He asked the Committee if they had any up for election, which would be 2010. ians. To navigate these challenges, Sec- economic development. Additionally, he questions. Senator Carroll then asked if the General retary Miller reported that the Governor said that the continuation of these proj- Representative Wayne asked about Assembly could pass an act now sub- has directed the creation of a web site ects means that employment continues one of the issues discussed at a recent ject to the passage of the constitutional to provide information related to home as well as the opportunity for new jobs. meeting of the Housing Policy Advisory amendment in 2010. No one responded mortgages, credit counseling, financial How can Kentucky access the mar- Committee of the Kentucky Housing so Senator Carroll asked the staff to send institutions, and insurance. ket at favorable terms while other bond Corporation (KHC). An increase in the a letter to the Attorney General to issue Secretary Miller said two task forc- issuers cannot? Secretary Miller’s re- number of homeless people in Kentucky

THE KENTUCKY GENERAL ASSEMBLY 37 is anticipated and a number of advocacy Representative Denham thanked and advertising, and the Louisville Arena in April 2008. At the October 3, 2008 groups have suggested that funds being Secretary Miller and Mr. Clare. He then will be a good value and produce good meeting of the Court Facilities Standards made available from the federal govern- asked Jim Host, Chairman of the Lou- results for these firms. Committee (CFSC), projects for Fleming, ment be channeled into continuum of isville Arena Authority (LAA), to come Representative Wayne asked for an Breckinridge, and Pike Counties were re- care programs. Some of the advocacy forward to give an update on the sale of expenditure report on the $75 million viewed. These projects are in Phase A groups are concerned that government bonds for the Louisville Arena. grant provided by the state for the proj- (Schematic Design) and were approved to might not be receptive to some of the Mr. Host discussed the funding of ect, which Mr. Host said would be sent move forward. The CFSC voiced concern ideas generated from outside of gov- the Louisville arena. He indicated that to LRC staff. regarding the Pike County project’s abil- ernment. He asked Secretary Miller if it LAA’s proposed variable rate bonds had Representative Wayne then asked ity to be constructed within the autho- would be possible to establish, either been in jeopardy because Assured Finan- about the status of the protests concern- rized use allowance as the construction within the Housing Policy Advisory cial Services had been on credit watch, ing the demolition contract. Mr. Host contingency of 10 percent might have to Committee or separately, a task force to which took the credit spread from 5 ba- responded that the protest was ruled be lowered to stay within budget. prepare for what could happen if this cri- sis points to 200 points. As a result, by the Finance Cabinet as not being in The last item was from the Kentucky sis continues and thousands more Ken- LAA decided to go with a fixed rate is- order. Representative Wayne then asked Infrastructure Authority (KIA) transmit- tuckians become homeless. Secretary sue in order for the arena financing to if there was any other action anticipated. ting a copy of the City of Hopkinsville’s Miller responded that it was a very valu- work. The Construction Manager-at- Mr. Host responded that there was not ordinance establishing Stormwater Utili- able idea and that he would follow up Risk reduced the Arena’s construction any he was aware of. ty Fees, which was adopted in December with the Governor on the issue. cost from $249 million to $235 million, Representative Denham thanked 2006. [This item was requested by Com- Mr. Walter Clare, Financial Manage- which saved $15 million, and then LAA Mr. Host and said no further Committee mittee members at its September 2008 ment Senior Director, KHC, confirmed added $4 million back in for construction action was required. He asked Ms. Os- meeting in response to a discussion re- that the Housing Policy Advisory Com- contingencies. Next, LAA ran a proforma borne, Committee Staff Administrator, garding a Fund A loan in the amount of mittee met last week to solicit input from on a fixed rate issue to determine how to review correspondence and informa- $4,916,100 for the City of Hopkinsville.] its partners on how to use the federal much of net debt they would have and tion items. Ms. Osborne then briefly reviewed funds. Another topic discussed was the finally, they asked to figure it as taxable Ms. Osborne said the first item was various items in the monthly Staff Up- preventative steps being taken through debt and convert the subordinate debt from the University of Kentucky (UK) and date. The Kentucky State Fair Board has the Homeowner Protection Center, into taxable debt which equates $19 the Kentucky Community and Technical signed a four-year contract with AEG, which the Governor created to prevent million. Assured Guaranty cut the insur- College System (KCTCS) communicat- one of the largest entertainment book- homelessness caused by foreclosures. ance cost from $18 million to $6 million. ing that the final title transfer from UK ing companies, to bring acts to the Fair Representative Wayne asked if KHC The result was $580 million of net debt to KCTCS of former community college Board. The Louisville Arena Authority will run out of money by the end of the service. properties has been accomplished. is also negotiating a contract with AEG calendar year unless additional bonds Mr. Host reported that the bonds The next item was correspondence for the same purpose. Discussed next are sold. Mr. Clare responded that the were sold quickly and were oversub- from the Council on Postsecondary Edu- was an article regarding the High Per- KHC has $40 to $45 million available scribed. LAA had some issues with the cation (CPE) informing the Committee formance Building Advisory Committee, from bonds sold under its $70 million guaranteed investment contract for the of its adoption on September 28, 2008, which held its first meeting September authorization. When those funds are ex- bond issue, which was originally with of guidelines for several postsecondary 17 and is to establish new energy effi- hausted, KHC will use money internally AIG. When AIG was put on credit capital matching funds programs autho- cient building standards by January 2009 generated of about $30 or $40 million watch, LAA called the money and placed rized in 2008 HB 406. Guidelines were for all state facilities that are funded 50 that would last until February 2009. It it with three AA-rated banks. adopted for the 2008-2010 Capital Re- percent or more with General Funds. is KHC’s hope that it will be able to issue Representative Denham asked Mr. newal and Maintenance Pool, the 2008- Also noted was an article about the bonds between now and the end of the Host about the money placed with AA- 2010 Research Capital Match Program, Court Facilities Standard Committee, in calendar year. Another alternative KHC related banks and whether collateral was and the 2008-2010 Comprehensive Uni- which Chief Justice Minton discussed would explore is marketing its housing required. Mr. Host responded that collat- versity Capital Match Program. Specific improvements to the court facilities con- bonds to retail investors. eral was posted. projects funded by these matching fund struction program. Senator Seum asked what percent- Representative Wayne discussed programs will be presented to the Com- Representative Denham recognized age of the mortgages made in Kentucky previous concerns the Committee had mittee. Bob Wiseman, Vice President for Facili- are in foreclosure. Mr. Clare responded with this project, noting that the bond The 2008 budget bill provided, ties and Management, University of Ken- that he did not know about the state in issue was not initially approved by the for the first time, flexibility to the re- tucky (UK). Mr. Wiseman discussed two general, but defaults constituted about Committee. He asked whether the eco- search and comprehensive universities real estate purchases. Apartment units at 1 percent of KHC’s portfolio, which has nomic situation could potentially impact to allocate a portion of the “Bucks for 458 to 464 Rose Lane, located adjacent been fairly consistent within the last the arena. Mr. Host responded that there Brains” endowment program funds for to the campus, were acquired at a cost year. He also indicated that Kentucky is is an insurer between the Arena Author- these capital match programs, known as of $1,621,900 and will remain as rental not as impacted by foreclosures as other ity and the bondholders. If LAA defaults “Bucks for Bricks.” apartments for the near term. The sec- states. on the bonds, the insurer would have to Next reviewed was correspondence ond acquisition was of the old Lexington Senator Seum commented that he step in, not the state. He added that he from Northern Kentucky University re- Public Library at 1737 Russell Cave Road had seen a report that showed a national did think there would be an economic porting its plan to use the Construction and a 5-acre lot. The property is adja- foreclosure rate of 2.7 percent and won- drag because of the tax incremental fi- Management-at-Risk delivery method for cent to 55 acres of land owned by UK dered if housing is really an issue or just nancing revenue and the guarantee from its Center for Informatics. Ms. Osborne and located within close proximity of its a media reaction. Mr. Clare suggested the local government. Representative noted that the university is the first that research facility allowing for expansion. that a reason why the word “crisis” is Wayne stated that he hoped the project staff is aware of that has offered stipends The purchase price was $1,200,000. No associated with the issue is that places revenues would be generated as fore- for the design contract. further Committee action was required. like Modesto, California, have an 18% casted. He then asked about the nam- Ms. Osborne briefly discussed the The University also reported pur- foreclosure rate, and parts of Florida ing rights and if LAA has secured those. quarterly status reports on capital proj- chasing six pieces of technical equip- have double-digit foreclosure rates. Sen- Mr. Host responded that a firm has been ects from the Finance and Administra- ment for UK Healthcare through the ator Seum observed the housing crisis is hired to represent LAA and since the are- tion Cabinet as well as all the universities lease-purchase procurement method at probably a result of home value appre- na has been financed, the firm has iden- who manage their own capital projects. a total cost of $13 million. ciation being out of control. tified four different prospects. He stated The quarterly reports will be posted to Mr. Wiseman asked the Commit- Senator Tori asked if there is any in- that LAA will continue the negotiations the Committee’s website. tee for its approval on the consolidation dication that financial markets will stabi- until it receives a price they want. Also included in the correspon- of budget authorities for the Construct lize in spring 2009. Mr. Clare responded In response to another question dence items was the quarterly report Patient Care Facility Hospital project. that KHC did not have any indication from Representative Wayne, Mr. Host status from the Administrative Office of The university would like to combine of market stabilization, but is monitor- responded that he did not think the the Courts. The Gallatin County project, the current 2008 and 2010 authority ing markets for future opportunities to economy would be a factor in pricing which received approval in November of $250 million with prior General As- issue bonds. He added that KHC bonds the naming rights because people are 2006 for an use allowance increase to sembly authorization of $450 million, as are rated AAA. not going to stop spending on marketing address cost overruns, was completed well as incorporate private contributions

38 2008 Interim LEGISLATIVE RECORD of $7.3 million. Department for Facilities and Support plication of cost and effort resulting in Senator Buford asked what engi- Senator Buford made a motion Services within the Finance and Admin- sounder management and a higher de- neering firm was involved and why the to approve the consolidation request. istration Cabinet. Representative Den- gree of service to the public. The number fee was so high. Ms. Milton said the firm The motion was seconded by Senator ham welcomed Mr. Kaplan and asked if of operating water districts in the Com- was Foppe Technical Group, Inc. Tori and passed by unanimous roll call he would like to address the Committee. monwealth will also be reduced. The Representative Wayne asked why vote. The revised scope of the project is Mr. Kaplan said he did not. new Graves Water District requested the City of Union started construction $700,000,000. Mr. Hicks then reported that the and received approval by the KIA Board before the Committee approved the loan. Mr. John Osborne, Vice President Finance and Administration Cabinet al- to assume two outstanding debts of the Ms. Milton said that the Fund C loan was Campus Services and Facilities, Western located $73,000 from the Emergency Fancy Farm Water District, and to reapply a last resort loan and the city had other Kentucky University (WKU), reported an Repair, Maintenance, and Replacement for a loan that was originally approved funding sources in place. However, the emergency project to upgrade the univer- Account for costs associated with the to the South Graves Water District under city did not have enough local funds to sity’s steam plant air quality system. Mr. repair of the Department of Public Advo- the same conditions that were originally complete the project and therefore ap- Osborne informed the Committee that cacy’s building located in Lexington. He approved by the Board in 2007. Since plied for a Fund C loan which can be WKU determined the project was an stated that the project consisted of roof 2003, KIA has been working with the quickly executed. She said that this Fund emergency for two reasons. One, WKU repairs, mold abatement, and related re- South Graves Water District to reduce C loan can be approved by the KIA Board, received a notice of violation issued by modeling work. and restructure its debt. reviewed by this Committee, and receive the state Division of Air Quality that in- The next item reported was a Ms. Milton noted that the PSC rul- the funding all within the same month. dicated the steam plant could no longer $135,000 allocation from the Emergency ing addresses the rates to be charged to Representative Wayne then asked burn coal without a permit. Second, the Repair, Maintenance, and Replacement this newly formed system. For the first if part of the funding did not need the bids that were left for the project came in Account for costs associated with two 18 months following PCS’s approval, the Committee’s approval. Ms. Milton said 38 percent above the estimate provided roof replacements located on the campus rates for each system will remain the the city had received line-item grants by the consultant. As a result, they have of Kentucky State University (KSU) in same. After the first 12 months, PCS will that had been reported to the Commit- a $1 million budget cost overrun for the Frankfort. The total scope of the projects do a cost of service analysis to determine tee which the city used to start con- project that will be funded through uni- is $373,700, for which the university what rates will be charged for all of the struction with. versity reserves. provided restricted funds of $238,700. entities at that time. Additionally, in Representative Wayne made a mo- Senator Buford asked what the total Representative Wayne asked what spring 2008, a 2020 grant of $500,000 tion to approve the Fund C loan. The mo- cost of the project was. Mr. Osborne said the balance was of the Emergency Ac- was provided to the South Graves Wa- tion was seconded by Senator Tori and that the original estimate was $2.6 mil- count and if it would be enough to carry ter District to help retire a fund C loan, passed by unanimous roll call vote. lion and the revised scope is now $3.6 through the remaining fiscal year. Mr. a Rural Development loan, and other Next Representative Denham asked million. Hicks said the account was at an histori- outstanding debt. The KIA loans to the Ms. Osborne to read a resolution from Representative Denham thanked cal low of $2.7 million at the end of fis- new Graves County Water District total the Capital Projects and Bond Oversight Mr. Osborne for his report and noted no cal year 2008. In July 2009, $2.5 million $1.5 million with an annual payment of Committee of the Kentucky General As- further Committee action is required for from unneeded debt service budgeted $96,966. sembly honoring Jim Abbott. The reso- this emergency project. in fiscal year 2008 was transferred to Senator Buford asked by how much lution noted Mr. Abbott’s long and dis- Representative Denham then intro- the Emergency Account as directed by the water bills would decrease in 18 tinguished record of public service with duced Mr. Larry Owsley, Vice President the budget bill, 2008 HB 406. Not ac- months. Ms. Milton said that they would the Finance and Administration Cabinet of Business Affairs, University of Lou- counting for the $208,000 in allocations not decrease in 18 months, but possibly starting in 1978. isville (UL). The university requested a reported today, the balance in the Emer- could in five years. Senator Buford made a motion to $1,410,000 (1%) federally funded scope gency Repair, Maintenance, and Replace- Representative Wayne noted that approve the resolution honoring Mr. Ab- increase for the Health Sciences Center ment account is $5.2 million. this is a good example of consolidation bott. The motion was seconded by Rep- Research Campus Phase III project. This No further action from the Commit- of government services to achieve econ- resentative Wayne and passed by unani- project was authorized in the 2004-2006 tee was required. Allocations from the omies of scale and save taxpayers money. mous voice vote. budget at $65,200,000 and received ad- Emergency Account must be reported to Ms. Milton gave credit for initiating these Representative Denham called on ditional funding of $69,680,000 in the the Committee within thirty days. consolidations to Roger Recktenwald, a Katie Smith, Deputy Commissioner for 2006-08 budget for a total project scope Mr. Hicks next reported an alloca- former Executive Director of KIA. Financial Incentives, Cabinet for Eco- of $134,880,000. The additional funds tion of $3,268,300 from the Fees-In- Senator Tori made a motion to ap- nomic Development. Ms. Smith asked would be used to cover electrical, me- Lieu-of Stream Mitigation Pool for the prove the Fund B loan for the Graves the Committee for its approval of an Eco- chanical, and security systems improve- Department of Fish and Wildlife Re- County Water District. The motion was nomic Development Bond (EDB) grant ments required to upgrade four of the sources for the Puncheon Creek project seconded by Senator Rhoads and passed of $120,000 to the Pulaski County Fis- labs in the building from Biosafety Level in Pulaski County. The scope of work in- by unanimous roll call vote. cal Court for the benefit of Hendrickson II to Biosafety Level III. cludes restoration and enhancement of Ms. Milton next discussed a Fund B USA LLC. Hendrickson will use the grant Representative Wayne asked Mr. approximately 12,210 feet of stream. Loan for the Prestonsburg City’s Utilities to offset the cost to acquire, improve, Owsley to discuss the need for the proj- Projects in excess of $600,000 Commission for $841,000 to replace all and equip a 75,000 square foot facility ect. Mr. Owsley said that all the research funded from the Wetland or Stream Mit- the non-remote read meters with remote on 29 acres in Somerset for the manufac- growth was a result of the 1997 HB 1 igation authorization must be reported read meters. The project has been bid turing of trailer suspension systems for mandate for the University of Louisville to the Committee. No further action was and is ready to start construction. She the commercial transportation industry. to become a research institution. A fifth required. noted that the loan term is 20 years and In consideration for the grant, the com- research facility for the Health Sciences Representative Denham thanked Mr. the useful life on the new meters is also pany will be required to create 120 new Campus is identified in UL’s 2008-2014 Hicks for his report. He then introduced 20 years. The interest rate is 1.07% with full-time jobs for Kentucky residents Capital Plan. Debby Milton, Kentucky Infrastructure an annual payment of $48,504. within three years of occupancy with Representative Wayne asked Mr. Authority (KIA). Senator Rhoads made a motion to average wages not less than $15.11 per Owsley if the project was on track and if Ms. Milton first discussed a KIA approve the Fund B loan. The motion was hour. Additionally, the company would UL had altered the master plan. Mr. Ow- Fund B loan for the Graves County Wa- seconded by Senator Tori and passed by have to maintain the 120 jobs and wages sley said the project is on track and no ter District. She indicated that this loan unanimous roll call vote. for another three years. Failure to comply changes had been made to the universi- was needed as a result of four financially Ms. Milton next presented a Fund would result in the repayment of grant ty’s master plan. distressed water districts - Consum- C loan of $517,500 for the City of Union proceeds to the Pulaski County Fiscal Senator Tori made a motion to ap- ers, Fancy Farm, Hardeman, and South to construct two miles of sewer line ex- Court. prove the scope increase. The motion Graves - merging into the new Graves tension. The extension would provide Senator Buford made a motion to was seconded by Representative Wayne County Water District. She stated that sewer line to 75 customers and all the approve the EDB grant for Hendrickson and passed by unanimous roll call vote. the merger was approved by the Public unserved land areas in that region. The USA, LLC./Pulaski County Fiscal Court Next Representative Denham called Service Commission (PSC) in May 2008 project has been bid and is currently in the amount of $120,000. The motion on John Hicks, Deputy Budget Direc- with final approval in September. She under construction. The project will be was seconded by Senator Rhoads and tor, GOPM. Mr. Hicks introduced Paul noted that merging four districts into funded by the new customers through a passed by unanimous roll call vote. Kaplan, Acting Commissioner for the one would help eliminate wasteful du- surcharge. Next Ms. Smith reported amend-

THE KENTUCKY GENERAL ASSEMBLY 39 ments for three EDB grants previously Bonds, Series 2008 (Grand Oaks Apart- at 2:55 p.m. board president, represented the board. approved by the Committee. Belcan En- ments Project). The motion was sec- In response to a question by Co- gineering, Inc. and Purchase Area Indus- onded by Senator Rhoads and passed by ADMINISTRATIVE Chair Roeding, Ms. Gardner stated that trial Authority requested and received unanimous roll call vote. REGULATION REVIEW the fees had not changed since 1999 and a one-year extension. Institutional Dis- Mr. Antle next reported a follow- SUBCOMMITTEE that the board had been subsidizing fees. tributors had a reorganization and new up report for Kentucky Economic De- Minutes of the October Meeting She also stated that the fees solely cov- names had to be incorporated into the velopment Finance Authority Medical of the 2008 Interim ered the costs of processing applications agreement. No Committee action was Center Revenue Bonds for the Ashland October 14, 2008 and examinations. required. Hospital Corporation (King’s Daughters The October meeting of the Ad- In response to a question by Co- Representative Denham thanked Medical Center Project), Series 2008A, ministrative Regulation Review Subcom- Chair Damron, Ms. Gardner stated that Ms. Smith and welcomed Mr. Brett An- 2008B, and 2008C, in the amount of mittee was held on Tuesday, October 14, the board’s funding for 2008 was not re- tle, Deputy Director, Office of Financial $146,852,131. The Committee approved 2008, at 10:00 AM, in Room 149 of the directed by the executive branch budget, Management. this issue at a previous Committee meet- Capitol Annex. Senator Dick Roeding, but that the budget recommended redi- Mr. Antle reported one new conduit ing and no action was required. Chair, called the meeting to order, and rection of the board’s funding for 2009. bond issue - Kentucky Housing Corpo- In regards to the Louisville Arena the secretary called the roll. In response to a question by Co- ration Multifamily Housing Revenue follow-up report discussed earlier in the Present were: Chair Roeding, Ms. Gardner stated that Bonds, Series 2008 (Grand Oaks Apart- meeting, Representative Wayne asked if Members: Senator Dick Roed- the board preferred to move ahead with ments Project). Grand Oaks Apart- it would be possible to sell tax increment ing, Co-Chair; Representative Robert R. this administrative regulation rather ments is the fifth phase of the project financing (TIF) bonds for other projects Damron, Co-Chair; Senators Alice Forgy than to defer. intended to revitalize Bluegrass Aspen- in this financial market. Mr. Antle re- Kerr, Joey Pendleton, and Gary Tapp; In response to a question by Repre- dale, an outdated and distressed public sponded that this was a difficult ques- Representatives Danny Ford, and Ron sentative Ford, Ms. Gardner stated that, housing development in Lexington. The tion to answer given the current market Weston. pursuant to the statute, an inactive li- total project is a multi-phase redevelop- conditions. He stated that current market Guests: Ancil Harbin, Department censee may use the title, Landscape Ar- ment that began in 2004 of the entire conditions are making selling any type of of Veterans’ Affairs; Kathryn Gabhart, chitect, but shall not practice. Thus, the 76-acre site. This bond issue addresses debt challenging. He said that if there Kentucky State Board of Elections; Ricky board determined it was more valuable approximately 11 acres and will renovate was a specific scenario that the Com- Haven, Angela Robinson, Don Speer, Fi- than its current twenty-five (25) dollar 88 rental units, including row-housing, mittee was interested in, OFM would be nance and Administration Cabinet; Dick fee indicated. walk-up, and semi detached units in 27 happy to report back to the Committee. Carroll, Board of Accountancy; Jane Gard- A motion was made and seconded buildings. The estimated gross proceeds Representative Wayne asked in re- ner, Billy Van Pelt, State Board of Examin- to approve the following amendments: of this transaction will be $8 million. gard to the rating of the Louisville Arena ers and Registration of Landscape Archi- (1) to amend the RELATES TO and Representative Wayne asked how bonds, what weight did the agencies give tects; Rayn Halloran, Gerald Hoppman, STATUTORY AUTHORITY paragraphs many of the 88 units would be for low- TIF revenues compared to other sources Geoff Wilson, Kentucky Board of Certi- to correct statutory citations; and (2) income families and how many would be of revenue. Mr. Antle stated he would fication of Alcohol and Drug Counsel- to amend Section 1 to comply with the for moderate income families. Mr. Aus- have to check and get an answer back to ors; Charles O’Neal, Tim Pickering, Lee drafting and format requirements of tin Sims, Executive Director of Lexington the Committee. Representative Wayne Rowland, Kentucky Board of Emergency KRS Chapter 13A. Without objection, Housing Authority, said that 100 percent commented that TIF bonds are such un- Medical Services; Ryan Oster, Jeff Ross, and with agreement of the agency, the of the 88 units would be for low-income known variables and any information he Catherine York, Department of Fish and amendments were approved. families. could provide would be helpful. Wildlife Services; Donna Duncan, Janine Senator Tapp made a motion, sec- Representative Wayne asked what Mr. Antle said included in the Coy-Geeslin, Catherine Staib, Kentucky onded by Representative Ford, to find the reason was for concentrating people members’ packets was the Semi-Annual Economic Development Finance Author- 201 KAR 10:050 deficient. On a roll call with lower incomes in one location. Mr. Report of the Kentucky Asset/Liability ity; Jory Becker, Barry Elmore, Abby Pow- vote, the administrative regulation was Sims responded by saying that the site Commission. ell, Division of Water; Lora Gowins, Ty found deficient, with Co-Chair Roeding, originally housed 963 units. The issue of Representative Denham commented Martin, Division for Air Quality; Barney Co-Chair Damron, Senator Pendleton, concentrating large numbers of low-in- that the report was extremely important Kinman, Steve Lynn, Gregg Muravchick, Senator Tapp, Representative Ford, and come households was balanced with the given the financial situation and encour- Justice and Public Safety Cabinet; Paula Representative Weston voting in favor issue of maximizing land already owned. aged members to look over the report Hampton, Carol Hughes, Lucretia John- of the finding of deficiency and Senator He noted that this area has been trans- very closely. son, Dwight Lovan, Carla Montgomery, Kerr voting in opposition to the finding. formed with a new elementary school, Representative Denham asked Sen- Department of Workers’ Claims; Brenda Administrative Regulations Re- new infrastructure, and new roads. He ator Tori to take over as Chair and ex- Parker, Melea Rivera, John Burkholder, viewed by the Subcommittee: said the apartments being built are very cused himself from the meeting. Senator Department of Insurance; Edgar Adams, DEPARTMENT FOR VETERANS’ AF- different from the old row house models Tori stated that the new school bond is- Stephanie Brammer-Barnes, Michael FAIRS: State Veterans’ Nursing Homes and that the target community was very sues were next on the agenda and called Burleson, Richard Dart, Danna Droz, 17 KAR 3:020. Maximum charge for excited. on Mr. Antle. Brian Fingerson, Stephanie Hold, David room and care at state veterans’ nursing Representative Wayne said putting Mr. Antle reported four new school Hopkins, Van Ingram, Sharon Eli Mer- homes. Ancil Harbin, branch manager, the 88 units in one geographic spot in bond issues with School Facilities Con- cer, Jeff Osman, Elizabeth Partin, Sadiqa represented the department. an urban area and isolating low-income struction Commission (SFCC) debt ser- Reynolds, Michael Rodman, Dave Sal- KENTUCKY STATE BOARD OF households is not good public policy be- vice participation: Ashland Ind. (Boyd lengs, Stan Salyards, Richard Slone, Matt ELECTIONS: Forms and Procedures cause eventually it costs more in terms Co.), Harlan Ind. (Harlan Co.), Monroe Thomerson, Gary Vorsanger, Office of In- 31 KAR 4:140 & E. Submitting a of lives that are filled with drugs, alco- Co., and Paintsville Ind. (Johnson Co.). spector General. federal post card application and absen- holism, and violence. He stated that the Senator Buford made a motion to LRC Staff: Dave Nicholas, Donna tee ballot request electronically. Kathryn ideal is always mixed-income neighbor- approve new school bond issues. The Little, Sarah Amburgey, Emily Harkenrid- Gabhart, general counsel, represented hoods. Mr. Sims said that within the area motion was seconded by Senator Seum er, Karen Howard, Emily Caudill, Jennifer the board. is a 102-unit subdivision and with this and passed by unanimous roll call vote. Beeler, and Laura Napier. In response to questions by Co- they will achieve a mixed-income neigh- Senator Tori noted that the Debt Is- The Administrative Regulation Re- Chair Roeding, Ms. Gabhart stated that borhood. suance calendar was in members’ fold- view Subcommittee met on Tuesday, Oc- this administrative regulation affected Senator Buford commented that ers. tober 14, 2008, and submits this report: military personnel and overseas citizens this was a good project and that once Senator Tori said the Committee’s The Subcommittee determined that and that the process involved the inter- the overall design was complete, no one next meeting is scheduled for Novem- the following administrative regulation net and secure ballots, which made the would realize that it was low-income ber 18, 2008, at 1:00 p.m. in the Capi- did not comply with statutory require- process quicker. housing because it is so different and tol Annex Building. With there being no ments and was deficient: In response to questions by Co- unique. further business, the meeting adjourned State Board of Examiners and Regis- Chair Damron, Ms. Gabhart stated that Senator Buford made a motion to tration of Landscape Architects: Board an eligible voter may both register and approve the Kentucky Housing Corpo- 201 KAR 10:050. Fees. Jane Gard- vote through this process if done by the ration Multifamily Housing Revenue ner, executive director, and Billy Van Pelt, deadline. She also stated that the signa-

40 2008 Interim LEGISLATIVE RECORD ture on the registration was to be com- full certification after a period of inactive bulances to be climate controlled and to the RELATES TO and NECESSITY, FUNC- pared with the signature on the ballot, status, the certificate holder shall have keep pharmaceuticals within their rec- TION, AND CONFORMITY paragraphs to but that states were not yet able to com- complied with continuing education re- ommended temperature ranges; (2) to comply with Executive Orders 2008-507 pare databases to audit for voters regis- quirements and filed an application for a amend material incorporated by refer- and 2008-531; and (3) to make technical tered and voting in multiple states. Ms. status transfer with the board. ence to reflect current forms; and (3) to corrections to Sections 1, 3 through 10, Gabhart stated that the board was a pro- A motion was made and seconded amend the RELATES TO and NECESSITY, and 12 through 16. Without objection, ponent of and working toward Kentucky to approve the following amendments: to FUNCTION, AND CONFORMITY para- and with agreement of the agency, the participation in a national database to amend the NECESSITY, FUNCTION, AND graphs and Sections 2, 4, 5, 6, 7, 9, 10, amendments were approved. audit for voting in multiple states, but CONFORMITY paragraph and Sections 1 11, and 16 to comply with the drafting Division for Air Quality: General that the capability was still several years through 4 to comply with the drafting and format requirements of KRS Chapter Administrative Procedures from actualization. and format requirements of KRS Chapter 13A. Without objection, and with agree- 401 KAR 50:066. Conformity of A motion was made and seconded 13A. Without objection, and with agree- ment of the agency, the amendments transportation plans, programs, and to approve the following amendments: ment of the agency, the amendments were approved. projects. Lora Gowins, environmental to amend Sections 1, 4, and 6 to com- were approved. TOURISM, ARTS AND HERITAGE control supervisor, and Ty Martin, envi- ply with the drafting and format require- INDEPENDENT ADMINISTRATIVE CABINET: Department of Fish and Wild- ronmental technologist, represented the ments of KRS Chapter 13A. Without BODIES: Kentucky Board of Emergency life Resources: Fish division. objection, and with agreement of the Medical Services: Board 301 KAR 1:201. Recreational fish- A motion was made and seconded agency, the amendments were approved. 202 KAR 7:330 & E. Requirements ing limits. Ryan Oster, program coordi- to approve the following amendments: FINANCE AND ADMINISTRATION for examination, certification, and re- nator; Jeff Ross, program manager; and (1) to amend the RELATES TO and NE- CABINET: Purchasing certification of the advanced emergency Catherine York, deputy general counsel, CESSITY, FUNCTION, AND CONFORMI- 200 KAR 5:390 & E. Registration to medical technician. Charles O’Neal, represented the department. TY paragraphs to comply with Executive collect Kentucky sales and use tax. Ricky executive director, and Lee Rowland, In response to a question by Co- Orders 2008-507 and 2008-531; and (2) Haven, Director of the Division of Sales deputy general counsel, represented the Chair Roeding, Mr. Ross stated that this to amend Sections 1and 2 to comply with and Use Tax, and Don Speer, executive board. administrative regulation did not have an the drafting and format requirements of director, represented the cabinet. In response to a question by Sena- impact on commercial fishermen. KRS Chapter 13A. Without objection, A motion was made and seconded tor Tapp, Mr. O’Neal stated that there A motion was made and seconded and with agreement of the agency, the to approve the following amendments: were four (4) new national levels of EMT, to approve the following amendments: amendments were approved. (1) to amend the RELATES TO and STAT- including advanced levels that could be- to amend Sections 1 and 2 to comply JUSTICE AND PUBLIC SAFETY CAB- UTORY AUTHORITY paragraphs to cor- gin IVs, perform airway techniques, and with the drafting requirements of KRS INET: Office of the Secretary: Special Lo- rect statutory citations; (2) to amend administer some medications. Chapter 13A. Without objection, and cal Peace Officers the NECESSITY, FUNCTION, AND CON- In response to a question by Co- with the agreement of the agency, the 500 KAR 3:010. Definitions. Barney FORMITY paragraph to clearly state the Chair Roeding, Mr. O’Neal stated that amendments were approved. Kinman, executive staff advisor; Steve necessity for and function served by this this administrative regulation did not CABINET FOR ECONOMIC DEVEL- Lynn, assistant general counsel; and administrative regulation, as required provide incentives for licensure; how- OPMENT: Kentucky Economic Develop- Gregg Muravchick, Executive Director of by KRS 13A.220; and (3) to amend Sec- ever, the board had established two (2) ment Finance Authority: Authority the Office of Investigations, represented tions 1 to 3 to comply with the drafting pilot projects to that end in Jessamine 307 KAR 1:050 & E. Application the office. and format requirements of KRS Chapter and Bullitt Counties. process for tax increment financing. A motion was made and seconded 13A. Without objection, and with agree- A motion was made and seconded Catherine Staib, assistant general coun- to approve the following amendments: ment of the agency, the amendments to approve the following amendments: sel, represented the authority. (1) to amend the STATUTORY AUTHOR- were approved. (1) to amend Section 1 to add a defini- A motion was made and seconded ITY paragraph to delete a statutory cita- GENERAL GOVERNMENT CABINET: tion for “advanced emergency medical to approve the following amendments: tion; (2) to amend the NECESSITY, FUNC- Board of Accountancy: Board technician”; (2) to amend Sections 5 and (1) to amend the RELATES TO paragraph TION, AND CONFORMITY paragraph to 201 KAR 1:160. Peer reviews. Dick 7 to delete duplicative language; (3) to to correct statutory citations; (2) to clearly state the necessity for and func- Carroll, executive director, represented amend material incorporated by reference amend the NECESSITY, FUNCTION, AND tion served by this administrative regu- the board. to reflect current forms; and (4) to amend CONFORMITY paragraph to clearly state lation, as required by KRS 13A.220; and In response to a question by Co- the RELATES TO; STATUTORY AUTHOR- the necessity for and function served by (3) to amend Section 1 to comply with Chair Roeding, Mr. Carroll stated that ITY; and NECESSITY, FUNCTION, AND this administrative regulation, as required the drafting and format requirements of peer reviews were always conducted in CONFORMITY paragraphs and Sections by KRS 13A.220; and (3) to amend Sec- KRS Chapter 13A. Without objection, accountancy. Previously, this administra- 1 through 11 to comply with the drafting tions 1, 2, and 4 to 11 to comply with and with agreement of the agency, the tive regulation required that information and format requirements of KRS Chapter the drafting and format requirements of amendments were approved. be submitted regarding the peer reviews, 13A. Without objection, and with agree- KRS Chapter 13A. Without objection, 500 KAR 3:020. Filing and process- but under this change, the board would ment of the agency, the amendments and with agreement of the agency, the ing SLPO commissions. receive the actual reports from the peer were approved. amendments were approved. In response to questions by Co- review organizations. 202 KAR 7:510. Air ambulance ser- ENERGY AND ENVIRONMENT Chair Damron, Mr. Lynn stated that the A motion was made and seconded vices. CABINET: Department of Environmen- agency did not receive any public com- to approve the following amendments: to In response to a question by Co- tal Protection: Division of Water: Water ments. Mr. Lynn also stated that LEOSA amend Sections 2 and 3 to comply with Chair Roeding, Mr. O’Neal stated that Quality only applied to retired government offi- the drafting and format requirements of the board had worked with industry rep- 401 KAR 5:057. KPDES pretreat- cers, but that an officer affected by these KRS Chapter 13A. Without objection, resentatives and reached a consensus re- ment requirements. Jory Becker, branch administrative regulations may carry a and with agreement of the agency, the garding this administrative regulation. manager, and Barry Elmore, engineer, concealed weapon until the officer was amendments were approved. In response to a question by Rep- represented the division. off duty. The officer may also carry a con- 201 KAR 1:171. Repeal of 201 KAR resentative Ford, Mr. O’Neal stated that In response to a question by Sena- cealed weapon during off-duty hours if 1:170. the board usually addressed less than tor Tapp, Mr. Becker stated that the divi- the officer had a CCDW. Kentucky Board of Certification of fifty (50) deficiencies annually for ap- sion had not received negative comments In response to a question by Co- Alcohol and Drug Counselors: Board proximately 248 licensees. from stakeholders, but that the division Chair Roeding, Mr. Lynn stated that a 201 KAR 35:080. Voluntary inac- In response to a question by Sena- had received one (1) general comment special local peace officer had the same tive status. Ryan Halloran, assistant at- tor Tapp, Mr. O’Neal stated that the re- from the Kentucky League of Cities. Mr. authority as a police officer while on the torney general; Gerald W. Hoppmann, quirement for air conditioners on air am- Becker also stated that the division had job site’s property or while in chase from Director of the Division of Occupations bulances had been deleted and that now clarified the matter of concern with the that property. and Professions; and Geoff Wilson, cer- the administrative regulation required air Kentucky League of Cities. A motion was made and seconded tified alcohol and drug counselor, repre- ambulances to be climate controlled. A motion was made and seconded to to approve the following amendments: sented the board. A motion was made and seconded approve the following amendments: (1) (1) to amend the STATUTORY AUTHOR- In response to a question by Senator to approve the following amendments: to amend the RELATES TO paragraph to ITY paragraph to delete a statutory cita- Tapp, Mr. Wilson stated that to return to (1) to amend Section 6 to require air am- correct a statutory citation; (2) to amend tion; (2) to amend the NECESSITY, FUNC-

THE KENTUCKY GENERAL ASSEMBLY 41 TION, AND CONFORMITY paragraph to In response to a question by Co- sen Scientific Affairs. and Tramadol abuse had not reached a clearly state the necessity for and func- Chair Roeding, Mr. Burkholder stated Ms. Reynolds stated that the Drug level of national concern for scheduling. tion served by this administrative regu- that this administrative regulation did Enforcement Agency Web site lists Tra- He believed that scheduling Tramadol lation, as required by KRS 13A.220; (3) not establish any new reporting require- madol as a drug of concern, since it may would impede its legitimate uses and to amend Sections 2 through 9 to com- ments. induce dependency. The Food and Drug that scheduling Tramadol could have ply with the drafting and format require- A motion was made and seconded Administration’s MedWatch has volun- unintended consequences. He stated, ments of KRS Chapter 13A; and (4) to to approve the following amendments: tarily reported problems with Tramadol. for example, that in Arkansas, since the amend Section 3 to change the term of to amend Sections 1 and 2 to correct the An LRC Program Review and Investiga- scheduling of Tramadol, use had risen of the commission for a special local peace names of required forms. Without objec- tions Committee study recommended the more toxic drug, Darvon. officer from five (5) years to four (4) tion, and with agreement of the agency, that the Office of Inspector General con- Dr. Dart stated that while RADAR years, in conformity with Section 93 of the amendments were approved. sider scheduling Tramadol. In an open- did not recommend drug scheduling, the Kentucky Constitution. Without ob- 806 KAR 17:280. Registration, uti- response survey, seventy (70) percent of Tramadol studies indicated a low, con- jection, and with agreement of the agen- lization review, and internal appeal. pharmacists reported Tramadol as prone stant abuse rate in Kentucky that was cy, the amendments were approved. In response to a question by Co- to fraud and abuse or reported the need the same as the United States in general. LABOR CABINET: Department of Chair Roeding, Mr. Burkholder stated for Tramadol to be scheduled. She stated He stated that after scheduling, Arkansas Workers’ Claims: Workers’ Claims that this administrative regulation and that law enforcement, pharmacies, and data indicated the same level of abuse as 803 KAR 25:089 & E. Workers’ 806 KAR 17:290 were amended for clar- physicians have reported problems with before scheduling. compensation medical fee schedule for ity. Tramadol. She stated that Tramadol has In response to a question by Rep- physicians. Dwight Lovan, commission- A motion was made and seconded been scheduled in Arkansas and has resentative Ford, Dr. Dart stated the er, and Carla Montgomery, general coun- to approve the following amendments: been monitored in Ohio. manufacturers of Tramadol asked him to sel, represented the department. to amend Sections 3, 4, 6, and 7 to com- Detective Thomerson stated that testify at the meeting. In response to a question by Sena- ply with the drafting and format require- the Louisville Metro Police Department Ms. Droz stated that she repre- tor Tapp, Mr. Lovan stated that fees were ments of KRS Chapter 13A. Without received complaints regarding Tramadol sented Ohio and that, in Ohio for law generally the same among counties in objection, and with agreement of the on a weekly basis. He stated that, since enforcement purposes, all drug misuse that CPT codes were the same, but cer- agency, the amendments were approved. Tramadol was not scheduled, the police carried the same penalties as controlled tain procedures were regional specific. 806 KAR 17:290. Independent ex- could not usually make arrests related to substances. Ms. Droz also stated that In response to questions by Co- ternal review program. Tramadol abuse or fraud. she had three (3) recommendations for Chair Damron, Mr. Lovan stated that A motion was made and seconded In response to a question by Co- Kentucky: (1) Pharmacies should keep the fee variance was too great to define to approve the following amendments: Chair Roeding, Ms. Reynolds stated that records of purchases and sales to audit a comprehensive fee amount increase. to amend Sections 1, 2, 3, 5, 6, and 11 KASPER’s authorizing statutes did not for stealing; (2) Kentucky should add a Mr. Lovan also stated that these amend- to comply with the drafting and for- permit tracking nonscheduled drugs, law regarding deception to obtain drugs ments did not relate to the American mat requirements of KRS Chapter 13A. such as Tramadol. illegally, such as phone-in forgeries; and Medical Association manual. He stated Without objection, and with agreement Mr. Burleson stated that the Drug (3) Kentucky should allow KASPER to that the department did not receive pub- of the agency, the amendments were ap- Enforcement Agency recommended that monitor nonscheduled substances. lic comments opposed to the fee sched- proved. Tramadol be scheduled. He stated that In response to a question by Sena- ule, and was required by statute to up- 806 KAR 17:500. Basic health ben- the Board of Pharmacy was aware of tor Kerr, Dr. Adams stated that the level date this administrative regulation every efit plan requirements. numerous reports of problems with Tra- of abuse of Tramadol was the same as two (2) years. CABINET FOR HEALTH AND FAMI- madol and that the board recommended the level of abuse for NSAIDs. Dr. Ad- In response to a question by Sena- LY SERVICES: Office of Inspector General: scheduling Tramadol as a Schedule IV ams also stated that there have been 700 tor Tapp, Mr. Lovan stated that the fee Controlled Substances drug. cases of Tramadol abuse reported. He structure was the same for CPT code 902 KAR 55:030. Schedule IV sub- Mr. Slone stated that the Kentucky stated that, in Egypt, prescriptions for procedures, but region-specific for cer- stances. Stephanie Brammer-Barnes, Pharmacists Association voted unani- Tramadol decreased after its scheduling tain other procedures. regulation coordinator; Sadiqa Reyn- mously in support of the proposal to and resumed regular prescription levels A motion was made and seconded olds, inspector general; and David Sal- schedule Tramadol. after the descheduling of Tramadol. to approve the following amendments: lengs, branch manager, represented the Mr. Fingerson stated that Tramadol Mr. Sallengs stated that the Of- (1) to amend the NECESSITY, FUNC- office. The following people appeared in was abused, had been a drug of choice, fice of Inspector General received many TION, AND CONFORMITY paragraph to support of this administrative regula- and was easily diverted because it was complaints regarding Tramadol, includ- clearly state the necessity for and func- tion: Michael Burleson, executive direc- not scheduled. ing reports of abuse, withdrawal, and tion served by this administrative regu- tor, representing the Kentucky Board of Ms. Partin stated that the Kentucky dependency. lation, as required by KRS 13A.220; and Pharmacy; Brian Fingerson, pharmacist, Coalition of Nurse Practitioners and Ms. Reynolds stated that statistics (2) to amend Sections 1 and 5 to com- representing the Kentucky Profession- Nurse Midwives recognized that Trama- for Tramadol abuse in Germany were irrel- ply with the drafting requirements of als Recovery Network; Elizabeth Partin, dol was bought and sold on the street. evant. She stated that data from eastern KRS 13A.222(4)(a). Without objection, DNP, CFNP, nursing practice consultant, She stated that Tramadol needed to be Kentucky indicated abuse of OxyContin and with agreement of the agency, the representing the Kentucky Coalition of scheduled. and data from Jefferson County indi- amendments were approved. Nurse Practitioners and Nurse Midwives; Mr. Ingram stated that Tramadol cated abuse of Hydrocodone; therefore, PUBLIC PROTECTION CABINET: Matt Thomerson, detective, representing (Ultram) needed to be scheduled. drug use may be region specific. She also Department of Insurance: Insurance the Louisville Metro Police Drug Unit; Ms. Reynolds stated that RADAR stated that Tramadol was a problem in Contracts Richard K. Slone, president, represent- (Research on Adverse Drug Events and Kentucky and needed to be addressed. 806 KAR 14:007. Rate and form fil- ing the Kentucky Pharmacists Associa- Reports) studies were being funded by In response to questions by Rep- ing for health insurers. John Burkholder, tion; and Van Ingram, acting executive drug companies and have never recom- resentative Weston, Dr. Adams stated deputy commissioner; Brenda Parker, director, representing the Kentucky Of- mended that a drug be scheduled. that, once a drug was scheduled, pre- branch manager; and Melea Rivera, fice of Drug Control Policy. The follow- Dr. Vorsanger stated that he was scriptions for that drug dropped because health policy specialist, represented the ing people appeared in opposition to this responsible for risk management for of regulatory oversight, fear of addicting department. administrative regulation: Edgar Adams, postmarket pain drugs, including Trama- patients, and patients’ fear of addiction. In response to a question by Co- ScD, executive director of epidemiology, dol. Arkansas scheduled Tramadol in July He stated that the result may be under- Chair Roeding, Mr. Burkholder stated representing Covance; Richard Dart, MD, 2007 and its scheduling had unintended treatment of pain. Dr. Adams also stated that the department was not raising PhD, director of the RADAR system, rep- consequences. that, in Arkansas, prescriptions of Tra- rates in this administrative regulation. resenting the Denver Health and Hospi- Dr. Adams stated that he was re- madol decreased after its scheduling, but Health Insurance Contracts tal Authority; Danna Droz, prescription sponsible for the nation’s drug abuse prescriptions of other scheduled drugs, 806 KAR 17:005. Health insurance drug monitoring program administra- monitoring program and that he had such as Darvon, rose. He stated that the forms and reports. tor, representing the Ohio State Board monitored Tramadol since 1992. In Ger- problem with scheduling Tramadol after Senator Tapp stated that he had of Pharmacy; and Gary Vorsanger, PhD, many, Tramadol was widely prescribed reported abuses in Kentucky was that noticed an increase in health insurance MD, senior director of clinical develop- and rarely abused. Only 500 seizures in there may be unintended consequences rates. ment, representing Ortho McNeil Jans- the Unites States were Tramadol-related or undertreatment of pain.

42 2008 Interim LEGISLATIVE RECORD Dr. Vorsanger stated that decisions In response to a question by Co- ENERGY AND ENVIRONMENT Health Corporation. about scheduling Tramadol should be Chair Roeding, Mr. O’Neal stated that CABINET: Department of Environmen- Department for Medicaid Services: based on sound scientific studies rather the fees were necessary to fill three (3) tal Protection: Division of Water: Water Medicaid Services than anecdotal evidence. He also stated of the board’s current five (5) vacancies. Quality Standards 907 KAR 1:015. Payments for out- that the rates of abuse of Tramadol did Mr. O’Neal also stated that the board 401 KAR 10:001 & E. Definitions patient hospital services. not change after scheduling, but le- received only one (1) public comment for 401 KAR Chapter 10. The Subcommittee adjourned at gitimate pain management declined. He opposing the fees and had not increased 401 KAR 10:026. Designation of 1:00 p.m. until November 12, 2008. also stated that scheduling OxyContin fees since 2000. uses of surface waters. and Vicodin did not stop or control the In response to a question by Co- 401 KAR 10:029. General provi- ADMINISTRATIVE REGULA- abuse of those drugs. Chair Damron, Mr. O’Neal stated that sions. TION REVIEW SUBCOMMIT- In response to questions by Sena- none of the board’s budget was redirect- 401 KAR 10:030. Antidegradation TEE tor Tapp, Dr. Dart stated that the data ed by the budget bill and that fees would policy implementation methodology. Minutes of the November Meeting regarding Kentucky abuse of Tramadol generate only enough revenue to provide 401 KAR 10:031. Surface water November 12, 2008 came from law enforcement question- for the necessities of the board. standards. The November meeting of the Ad- naires. He also stated that they did not In response to a question by Sena- JUSTICE AND PUBLIC SAFETY CAB- ministrative Regulation Review Sub- question pharmacists. tor Tapp, Mr. O’Neal stated that, in ad- INET: Department of Corrections: Office committee was held on Wednesday, In response to a question by Sena- dition to the three (3) employees to be of the Secretary November 12, 2008, at 10:00 AM, in tor Kerr, Dr. Vorsanger stated that there hired, the fees were needed to replace 501 KAR 6:200. Comprehensive Room 154 of the Capitol Annex. Repre- were not a lot of drug alternatives to field staff vehicles and for other capital sex offender presentence evaluation pro- sentative Robert R. Damron, Chair, called Tramadol for pain categories for which expenses stemming from the agency’s cedure. the meeting to order, and the secretary Tramadol was prescribed. transfer from the general government Department of Kentucky State Po- called the roll. A motion was made and seconded cabinet to KCTCS. lice: Criminal History Present were: to approve the following amendments: In response to a question by Rep- 502 KAR 30:060. Dissemination of Members: Senator Dick Roed- (1) to amend the NECESSITY, FUNC- resentative Weston, Mr. O’Neal stated criminal history record information. ing, Co-Chair; Representative Robert R. TION, AND CONFORMITY paragraph to that he agreed that the board should TRANSPORTATION CABINET: De- Damron, Co-Chair; Joey Pendleton, and clarify that the administrative regulation have raised fees incrementally rather partment of Highways: Traffic Gary Tapp; Representatives Danny Ford, differs from the federal requirements by than waiting until the need was signifi- 603 KAR 5:320. Safety in highway and Jimmie Lee. including several drugs on the Sched- cant, but he had been executive direc- work zones. Guests: Becky Gilpatrick, Melissa ule IV controlled substance list, due to tor only since February of this year. Mr. EDUCATION AND WORKFORCE Justice, Kentucky Higher Education As- their significant abuse potential; and O’Neal also stated that the board’s Gen- DEVELOPMENT CABINET: Board of Edu- sistance Authority; Les Beavers, Ken- (2) to amend Section 3 to comply with eral Fund allocations have been signifi- cation: Department of Education: School tucky Department of Veterans Affairs; the drafting and format requirements of cantly reduced in this budget cycle. Administration and Finance Frank Dempsey, Department of Revenue; KRS Chapter 13A. Without objection, In response to questions by Sena- 702 KAR 3:080. Fidelity bond, pe- Gerald Hoppman, Charles Robinette, and with agreement of the agency, the tor Tapp, Mr. O’Neal stated that ap- nal sum for treasurer, finance officer and Board of Specialists in Hearing Instru- amendments were approved. proximately sixty (60), or at least over others. ments; Karen Greenwell, Noel Record, The following administrative regu- fifty (50), percent of the board’s funding School Terms, Attendance and Op- Kentucky Board of Barbering; Jonathan lations were deferred to the November came from General Fund allocations. Mr. eration Doran Buckley, Kentucky Board of Li- 12, 2008, meeting of the Subcommittee: O’Neal also stated that the board hoped 702 KAR 7:065. Designation of censure for Professional Engineers and PERSONNEL CABINET: Personnel to reduce fees in the future if financial agent to manage high school interscho- Land Surveyors; Ryan Halloran, Board Cabinet, Classified situations improved. lastic athletics. of Chiropractic Examiners and Kentucky 101 KAR 2:066 & E. Certification In response to questions by Rep- 702 KAR 7:130 & E. Approval of in- Board of Licensure for Private Investiga- and selection of eligibles for appoint- resentative Ford, Mr. O’Neal stated that novative alternate school calendars. tors; Larry Bond and Angela Robertson, ment. the fee for air ambulance providers was Office of Instruction Kentucky Boxing and Wrestling Author- REVENUE CABINET: General Ad- new. Mr. O’Neal also stated that the rev- 704 KAR 3:340. Commonwealth ity; Kerry Wright Robertson, Board of Li- ministration enue from the fee was used to process li- Diploma Program. censure of Occupational Therapy; Mary 103 KAR 1:150. Electronic data cense transfers, which may involve such Department for Workforce Invest- Pedersen, Kentucky Board of Licensure of match and levy procedures. things as inspecting aircraft. The fee was ment: Unemployment Insurance Private Investigators; Charles O’Neal, Lee GENERAL GOVERNMENT CABI- the same regardless of the number of 787 KAR 1:110. Appeals. Rowland, Kentucky Board of Emergency NET: Kentucky Real Estate Appraisers ambulances involved. PUBLIC PROTECTION CABINET: Medical Services; J.D. Chaney Kentucky Board: Board In response to questions by Co- Department of Insurance: Assets and Li- League of Cities; Tom Troth, Kentucky 201 KAR 30:030. Types of apprais- Chair Roeding, Mr. O’Neal stated that abilities Association of Counties; Ron Wolfe, ers required in federally-related transac- there was a maximum penalty estab- 806 KAR 6:130. Minimum stan- Louisville Metro; Karen Alexy, Gerry tions; certification and licensure. lished by the statute. Mr. Pickering dards for determining reserve liabilities Buynak, Jon Gassett, Jeff Ross, Catherine Kentucky Board of Licensure for Pri- stated that his company agreed with the and nonforfeiture values for preneed in- York, Kentucky Department of Fish and vate Investigators: Board fee increase. Mr. O’Neal stated that the surance. Wildlife Resources; Abigail Powell, Ron- 201 KAR 41:020. Application for smallest fee increases affect volunteer Health Insurance Contracts ald Price, Division of Water, Lora Gow- licensure. positions in efforts not to deter volun- 806 KAR 17:540 & E. ICARE Pro- ins, Division for Air Quality; Amy Barker, 201 KAR 41:040. Fees. teers. gram high-cost conditions. James VanNort, Justice and Public Safety 201 KAR 41:060. Renewal and re- A motion was made and seconded 806 KAR 17:545 & E. ICARE Pro- Cabinet; Keith Peercy, Morgain Sprague, instatement procedures. to approve the following amendments: gram employer eligibility, application Department of Kentucky State Police; 201 KAR 41:065. Inactive status. to amend Sections 2, 5, 6, 7, and 9 to process, and requirements. Steve Lynn, Department of Criminal Jus- 201 KAR 41:070. Continuing pro- comply with the drafting and format re- 806 KAR 17:555 & E. ICARE Pro- tice Training; Dana Fugazzi, Jeff Wolfe, fessional education requirements. quirements of KRS Chapter 13A. With- gram requirements. Transportation Cabinet; Kevin Brown, INDEPENDENT ADMINISTRATIVE out objection, and with agreement of the Horse Racing Commission: Thor- Michael Miller, Larry Stinson, Kentucky BODIES: Kentucky Board of Emergency agency, the amendments were approved. oughbred Racing Department of Education; Lisa Cochran, Medical Services: Board In response to a question by Co- 810 KAR 1:012. Horses. Larry Moore, Department for Workplace 202 KAR 7:030. Fees of the board. Chair Damron, Mr. O’Neal stated that 810 KAR 1:015. Claiming races. Investment; David Stumbo, Dandridge Charles O’Neal, executive director, and the board agreed to deferral of consider- 810 KAR 1:025. Licensing thor- Walton, Labor Cabinet; Sharon Clark, Lee Rowland, deputy general counsel, ation to the November 12 meeting of the oughbred racing. Treva Donnell, Brad Nelson, Al Perkins, represented the board. Tim Pickering, di- Subcommittee. Harness Racing811 KAR 1:070. Li- Ray Perry, Amanda Ross, Malinda Shep- rector of public affairs for Air Evac Life- TOURISM, ARTS AND HERITAGE censing standardbred racing. herd, DJ Wasson, Department of Insur- team, appeared in support of this admin- CABINET: Department of Fish and Wild- CABINET FOR HEALTH AND FAM- ance; Shane O’Donley, Carrie Banahan, istrative regulation and represented the life Resources: Game ILY SERVICES: Office of the Secretary: Cabinet for Health and Family Services; emergency medical services industry. 301 KAR 2:300. Black bears. E-Health900 KAR 7:020. Kentucky e- Stephanie Brammer-Barnes, Stephanie

THE KENTUCKY GENERAL ASSEMBLY 43 Hold, Michael Lawrence; Elizabeth John- and with agreement of the agency, the 13A; and (4) to amend Sections 1 and 3 for licensure. son, Stuart Owen, Nevel Wise, Depart- amendments were approved. to delete language that repeated or con- Co-Chair Roeding requested that ment of Medicaid Services; Rachel Sisler 11 KAR 14:080. Deferment of Os- flicted with statute. Without objection, Mr. Buckley investigate the board imped- Dockal, Mary Sparrow, Shari Sullivan, teopathic Medicine Scholarship Program and with agreement of the agency, the iments to licensure potentially created Steve Veno, Child Support Enforcement. repayment. amendments were approved. by providing the exam six (6) months or LRC Staff: Dave Nicholas, Donna A motion was made and seconded GENERAL GOVERNMENT CABI- more after graduation. Mr. Buckley stated Little, Sarah Amburgey, Emily Harkenrid- to approve the following amendments: to NET: Board for Specialists in Hearing In- that he would respond with the informa- er, Karen Howard, Emily Caudill, Jennifer amend Sections 1 and 4 to comply with struments: Board tion to staff of the subcommittee. Beeler, and Laura Napier. the drafting and format requirements of 201 KAR 7:015. Fees. Gerald W. A motion was made and seconded Administrative Regulations Re- KRS Chapter 13A. Without objection, Hoppmann, Director of the Division to approve the following amendments: to viewed by the Subcommittee: and with agreement of the agency, the of Occupations and Professions, and amend the NECESSITY, FUNCTION, AND KENTUCKY HIGHER EDUCATION amendments were approved. Charles R. Robinette, board member, CONFORMITY paragraph and Section 1 ASSISTANCE AUTHORITY: Division of Commonwealth Merit Scholarship represented the board. to include a reference to the statutory Student and Administrative Services: Program In response to questions by Repre- requirement for licensure. Without ob- Grant Programs 11 KAR 15:090. Kentucky Educa- sentative Lee, Mr. Robinette stated that jection, and with agreement of the agen- 11 KAR 5:200. Go Higher Grant tional Excellence Scholarship (KEES) Pro- all board-licensed specialists in hearing cy, the amendments were approved. Program. Becky Gilpatrick, Student Aid gram. instruments had been notified of the pro- Board of Chiropractic Examiners: Branch manager, and Melissa Justice, se- A motion was made and seconded posed fee increases and that fees had not Board nior associate counsel, represented the to approve the following amendments: to changed in approximately twenty (20) 201 KAR 21:041. Licensing; stan- division. amend the NECESSITY, FUNCTION, AND years, resulting in the board being in debt dards, fees. Ryan Halloran, assistant at- In response to questions by Co- CONFORMITY paragraph and Sections 1 and behind on payments. He stated that torney general, represented the board. Chair Roeding, Ms. Gilpatrick stated that to 5, 7, and 10 to comply with the draft- administrative costs were increasing. He In response to a question by Co- the grant was for adults working toward ing requirements of KRS Chapter 13A. also stated that the board administrator Chair Roeding, Mr. Halloran stated that a first baccalaureate degree because the Without objection, and with agreement was new and that the board otherwise this amendment did not address fees, goal was to bring adults back into an of the agency, the amendments were ap- would have made incremental changes, but changed requirements for continu- academic setting. proved. rather than doubling fees at once. Mr. ing education hours. Co-Chair Roeding stated that he Robert C. Byrd Honors Scholarship Hoppmann stated that the board had re- A motion was made and seconded wished to be recorded as being opposed Program cently had multiple challenges, including to approve the following amendments: to this administrative regulation. 11 KAR 18:010. Robert C. Byrd lawsuits, and the board wanted to be fis- to amend Section 3 to comply with the Teacher Scholarship Loan Program Honors Scholarship Program. cally conservative. drafting requirements of KRS Chapter 11 KAR 8:030. Teacher scholar- A motion was made and seconded In response to a question by Co- 13A. Without objection, and with agree- ships. to approve the following amendments: Chair Roeding, Mr. Robinette stated that ment of the agency, the amendments In response to a question by Co- to amend Sections 1, 3, and 5 to com- fees in Tennessee were $810 and $400 were approved. Chair Roeding, Ms. Gilpatrick stated that ply with the drafting requirements of yearly; that renewal fees in Tennessee, Kentucky Boxing and Wrestling Au- grant scholarship recipients signed a KRS Chapter 13A. Without objection, Ohio, Michigan, and Georgia had ap- thority: Athletic Commission promissory note prior to distribution of and with agreement of the agency, the proximately a $100 difference from Ken- 201 KAR 27:100 & E. General re- funds and that repayment requirements amendments were approved. tucky renewal fees; and that Virginia had quirements for amateur mixed martial were thoroughly explained to recipients. KENTUCKY DEPARTMENT OF VET- reduced fees. He stated that states bor- arts shows. Larry Bond, Deputy Secre- A motion was made and seconded ERANS AFFAIRS: Office of the Commis- dering Kentucky had much higher fees tary of the Public Protection Cabinet and to approve the following amendments: sioner: Recognitions than Kentucky. Acting Executive Director of the Ken- to amend Sections 1, 4, 5, 6, 7, 8, and 17 KAR 5:010. Kentucky Medal for Board of Barbering: Board tucky Boxing and Wrestling Authority, 12 to comply with the drafting and for- Freedom. Retired Brigadier General Les 201 KAR 14:150. School Records. and Angela Robertson, board adminis- mat requirements of KRS Chapter 13A. Beavers, commissioner, represented the Karen Greenwell, board administrator, trator, represented the board. Without objection, and with agreement department. and Noel Record, board chairman, repre- In response to questions by Co- of the agency, the amendments were ap- A motion was made and seconded sented the board. Chair Roeding, Mr. Bond stated that proved. to approve the following amendments: A motion was made and seconded mixed martial arts had not been regulated 11 KAR 8:040. Deferment of teach- (1) to amend the NECESSITY, FUNC- to approve the following amendments: at all in the past and that there had been er scholarship repayment. TION, AND CONFORMITY paragraph to (1) to amend the RELATES TO paragraph multiple problems and injuries involved A motion was made and seconded clearly state the necessity for and func- to add a statutory citation; and (2) to in this sport. He stated that the indus- to approve the following amendments: tion served by this administrative regu- amend Sections 1, 3, 4, and 5 to clarify try was a fairly new one to Kentucky and to amend Sections 1, 2, and 4 to com- lation, as required by KRS 13A.220; and record-keeping requirements. Without that industry representatives had asked ply with the drafting requirements of (2) to amend the Title and Sections 1 to objection, and with agreement of the for this administrative regulation. He KRS Chapter 13A. Without objection, 5 to comply with the drafting and for- agency, the amendments were approved. also stated that the fee was to identify and with agreement of the agency, the mat requirements of KRS Chapter 13A. Board of Licensure for Professional who was participating in amateur mixed amendments were approved. Without objection, and with agreement Engineers and Land Surveyors: Board martial arts shows, which he described Osteopathic Medicine Scholarship of the agency, the amendments were ap- 201 KAR 18:072. Experience. Jona- as a very violent sport. Mr. Bond stated Program proved. than Doran Buckley, general counsel, that other sports, such as boxing, were 11 KAR 14:060. Osteopathic Medi- REVENUE CABINET: General Ad- represented the board. regulated by national associations, but cine Scholarship Program application of ministration In response to questions by Senator that mixed martial arts did not have such payments. 103 KAR 1:150. Electronic data Tapp, Mr. Buckley stated that the reason a national regulating association to es- In response to a question by Co- match and levy procedures. Frank for these amendments was because oth- tablish safety standards for participants. Chair Roeding, Ms. Gilpatrick stated that Dempsey, staff attorney, represented the er states did not recognize Kentucky’s A motion was made and seconded it was the long-standing practice of the department. reciprocity without post-graduate expe- to approve the following amendments: division to retain payments if a scholar- A motion was made and seconded rience. He stated that most surrounding (1) to amend the RELATES TO and STAT- ship recipient did not initially meet the to approve the following amendments: states had the same requirements and UTORY AUTHORITY paragraphs to cor- service obligation. This administrative (1) to amend the RELATES TO paragraph that Kentucky did not currently accept rect statutory citations; (2) to amend regulation was amended by the agency to correct statutory citations; (2) to credit for a student cooperative pro- Sections 1, 2, 10, 38, 39, and 42 to com- to put that policy into an administrative amend the NECESSITY, FUNCTION, AND gram. ply with the drafting and format require- regulation. CONFORMITY paragraph to clearly state In response to a question by Co- ments of KRS Chapter 13A; and (3) to A motion was made and seconded the necessity for and function served by Chair Roeding, Mr. Buckley stated that amend Section 21 to prohibit weight gain to approve the following amendments: this administrative regulation, as required even during summertime, credit was not in excess of: (a) six (6) pounds, instead to amend Sections 1, 4, and 5 to com- by KRS 13A.220; (3) to amend Sections accepted for a student cooperative pro- of three (3) pounds, for a contestant ply with the drafting requirements of 2 to 5 to comply with the drafting and gram and that six (6) months credit was who weighed in at 145 pounds or less; KRS Chapter 13A. Without objection, format requirements of KRS Chapter required prior to taking the examination and (b) eight (8) pounds, instead of (4)

44 2008 Interim LEGISLATIVE RECORD pounds, for a contestant who weighed in rect statutory citations; (2) to amend this administrative regulation. because of the economic downturn. at over 145 pounds. Without objection, the NECESSITY, FUNCTION, AND CON- Mr. O’Neal stated that numerous In response to questions by Co- and with agreement of the agency, the FORMITY paragraph to state the neces- EMS providers were present to support Chair Damron, Mr. Wolf stated that amendments were approved. sity for and function served by this ad- this administrative regulation. He stated the fiscal impact to Louisville would be Board of Licensure for Occupational ministrative regulation, as required by that information relating to this adminis- $20,000 to $25,000. Mr. Sheehy stated Therapy: Board KRS 13A.220(1)(f); (3) to amend Sec- trative regulation was distributed across that the fiscal impact to Lexington would 201 KAR 28:090. Renewals. Gerald tions 1 and 5 through 8 to comply with the EMS community. He also provided a be approximately $9,000 to $10,000. W. Hoppmann, Director of the Division the drafting and format requirements spreadsheet with each fee increase for Co-Chair Roeding expressed the of Occupations and Professions, and of KRS Chapter 13A; (4) to revise the each licensure. importance that the cost-benefit analy- Kerry Wright Robertson, board member, REGULATORY IMPACT ANALYSIS AND Co-Chair Damron stated his appre- sis provided for by Regulatory Impact represented the board. TIERING STATEMENT, FISCAL NOTE ON ciation for EMS providers in Kentucky. Analysis and Tiering Statement, Ques- Kentucky Board of Licensure for Pri- STATE OR LOCAL GOVERNMENT, and In response to a question by Co- tions 4(a) through (c), be completed in vate Investigators: Board SUMMARY OF MATERIAL INCORPO- Chair Roeding, Mr. Lee stated that he enough detail to put the subcommittee 201 KAR 41:020. Application for li- RATED BY REFERENCE; and (5) to revise did not believe that these fee increases on notice as to the needs of each agen- censure. Ryan Halloran, assistant attor- the material incorporated by reference. would discourage licensure of providers. cy and the benefit to the stakeholders. ney general; Mary Pedersen, board mem- Without objection, and with agreement He stated that the industry needed the He stated that every agency needed to ber; and Gerald W. Hoppmann, Director of the agency, the amendments were ap- oversight of the board in order to contin- provide a meaningful response to these of the Division of Occupations and Pro- proved. ue to provide effective quality of service questions. fessions, represented the board. 201 KAR 41:065. Inactive status. to Kentuckians. In response to a question by Sena- In response to a question by Rep- A motion was made and seconded Mr. Pruitt supported the board and tor Pendleton, Mr. Wolf stated that local resentative Ford, Mr. Hoppmann stated to approve the following amendments: the fee increases. He stated that many governments billed the users of ambu- that the FBI and Kentucky State Police (1) to amend the RELATES TO and STAT- other states funded EMT training as part lance services but that, because of the performed the background checks. Ms. UTORY AUTHORITY paragraphs to cor- of the fire service, but because Ken- economic downturn, it would be a dif- Pedersen stated that they conducted ap- rect statutory citations; (2) to amend the tucky did not, the industry realized there ficult time to raise fees on users in order proximately 120 background checks per NECESSITY, FUNCTION, AND CONFOR- would be costs for quality training and to compensate for the fee increases to year. MITY paragraph to state the necessity oversight. local governments. He stated that fees A motion was made and seconded for and function served by this admin- Mr. Huchren stated that it had been were not divided equally in the compre- to approve the following amendments: istrative regulation, as required by KRS a tough year for air medical industries hensive scheme. (1) to amend the RELATES TO; STATU- 13A.220(1)(f); and (3) to amend Sec- because of crashes and fatalities. He Mr. O’Neal stated that grant money TORY AUTHORITY; and NECESSITY, tions 1 and 2 to comply with the drafting stated that there were fifty-one (51) air for the current fiscal year had not been FUNCTION, AND CONFORMITY para- and format requirements of KRS Chapter ambulance helicopters currently serving allotted yet and that fees would not go graphs to correct statutory citations; (2) 13A. Without objection, and with agree- Kentucky and that the board has devel- into effect until the next fiscal year (be- to amend Section 1 to clarify that the ap- ment of the agency, the amendments oped training for safe landing and new cause this year’s fees had already been plication shall be sworn and notarized; were approved. protocols for air-to-ground communica- paid) so that cities and local govern- (3) to amend Section 2 to require a list 201 KAR 41:070. Continuing pro- tion. He also stated that, while he didn’t ments could budget accordingly. of all private investigators employed by fessional education requirements. want a fee increase, he supported the fee In response to a question by Co- a private investigation company and a A motion was made and seconded increase 100 percent because the indus- Chair Roeding, Mr. O’Neal stated that “proof of affiliation” letter for each pri- to approve the following amendments: try needed a functioning board. $10,000 was the maximum grant allot- vate investigator in the company; (4) to (1) to amend the RELATES TO and STAT- In response to questions by Co- ment for each county. He stated that a insert two (2) new sections to provide UTORY AUTHORITY paragraphs to cor- Chair Roeding, Mr. O’Neal stated that city or local government had to fill out a procedures for change of contact infor- rect statutory citations; (2) to amend the the board currently licensed forty-eight one-page application describing how the mation and to establish requirements NECESSITY, FUNCTION, AND CONFOR- (48) air ambulance helicopters under grant would be spent and that, after a related to application processing; (5) to MITY paragraph to state the necessity twenty-three (23) providers. He stated purchase, the receipt would be sent to amend Sections 1 through 3 to comply for and function served by this admin- that the air ambulance fee was per li- the board as proof that the money was with the drafting and format require- istrative regulation, as required by KRS cense, not per helicopter. He also stated spent pursuant to the conditions of the ments of KRS Chapter 13A; and (6) to 13A.220(1)(f); (3) to amend Sections 3 that the board used more General Funds grant. update the material incorporated by through 6, 11, and 12 to comply with that it retained to provide grants to local In response to a question by Co- reference. Without objection, and with the drafting and format requirements of governments. Chair Damron, Mr. Chaney, Mr. Troth, agreement of the agency, the amend- KRS Chapter 13A; and (4) to revise the In response to a question by Sena- and Mr. Wolf stated that making the ef- ments were adopted. REGULATORY IMPACT ANALYSIS AND tor Pendleton, Mr. O’Neal stated that fective date for fees the next fiscal year, 201 KAR 41:040. Fees. TIERING STATEMENT. Without objec- the grants were to fund new ambulanc- would assist cities in budgeting for and In response to questions by Co- tion, and with agreement of the agency, es, mechanical upgrades to ambulances, complying with these fee increases. Chair Roeding, Mr. Hoppmann stated the amendments were approved. and safety equipment. Co-Chair Roeding requested that that the reinstatement fee was $100 INDEPENDENT ADMINISTRATIVE Mr. Wolf stated that the timing of local government brief Area Develop- and that the inactive status fee was paid BODIES: Kentucky Board of Emergency the fee increase posed an obstacle for ment Districts regarding the costs for yearly. Medical Services: Board the City of Louisville because of the eco- budgeting. A motion was made and seconded 202 KAR 7:030. Fees of the board. nomic downturn and because the cur- A motion was made and seconded to approve the following amendments: Charles M. O’Neal, executive director, rent fiscal year budget was unable to to approve the following amendments: (1) to amend the RELATES TO paragraph and Lee Roland, Kentucky Community take these fee increases into account. He to amend Sections 2, 5, 6, 7, and 9 to to correct a statutory citation; and (2) to Technical and College System, represent- stated that he would like these fees to be comply with the drafting and format re- amend the NECESSITY, FUNCTION, AND ed the board. Dwayne Lee, director of deferred until Fiscal Year 2009. quirements of KRS Chapter 13A. With- CONFORMITY paragraph and Sections 1, Scott County EMS; Joe Pruitt, director of Mr. Chaney apologized for the late- out objection, and with agreement of the 2, 4 through 7, and 9 to make techni- Nelson County EMS; and John Huchren, ness of raising this issue and stated that agency, the amendments were approved. cal corrections and to comply with the air medical industries, appeared in sup- Lexington, Louisville, and other cities TOURISM, ARTS AND HERITAGE drafting and format requirements of KRS port of this administrative regulation. J. would have problems funding these in- CABINET: Department of Fish and Wild- Chapter 13A. Without objection, and D. Chaney, director of government af- creased fees in the middle of Fiscal Year life Resources: Fish with approval of the agency, the amend- fairs for the Kentucky League of Cities; 2008. 301 KAR 1:410. Taking of fish by ments were approved. Tom Troth, director of legal affairs for Mr. Troth stated that, while the other than traditional fishing methods. 201 KAR 41:060. Renewal and re- the Kentucky Association of Counties; Kentucky Association of County Offi- Karen Alexy, Wildlife Division Director; instatement procedures. Ron Wolf, manager of intergovernmental cials understood the need for these fees, Gerry Buynak, assistant director; Jon A motion was made and seconded relations for Louisville Metro; and Ned local governments were unable to com- Gassett, commissioner; Jeff Ross, Acting to approve the following amendments: Sheehy, director of government relations ply with these funding demands at this Director of Fisheries, and Catherine York, (1) to amend the RELATES TO and STAT- for Lexington-Fayette Urban County time. He expressed concern that fee in- deputy general counsel, represented the UTORY AUTHORITY paragraphs to cor- Government, appeared in opposition to creases were falling to local governments department.

THE KENTUCKY GENERAL ASSEMBLY 45 In response to a question by Sena- of the Secretary TRANSPORTATION CABINET: De- 704 KAR 3:340. Commonwealth tor Pendleton, Mr. Gassett stated that 501 KAR 6:200. Comprehensive partment of Highways: Traffic Diploma Program. recreational fishermen were required to sex offender presentence evaluation 603 KAR 5:320. Safety in highway In response to a question by Co- take the first two (2) paddlefish that procedure. Amy Barker, assistant gen- work zones. Dana Fugazzi, attorney, and Chair Roeding, Mr. Miller stated that they shot with archery equipment. eral counsel, and James Van Nort, assis- Jeff Wolfe, Traffic Engineering Branch this administrative regulation allowed A motion was made and seconded tant director for the Division of Mental manager, represented the department. students to participate in both advance to approve the following amendments: Health, represented the Office. In response to a question by Rep- program (AP) and International Bacca- (1) to amend the STATUTORY AUTHOR- A motion was made and seconded resentative Ford, Mr. Wolfe stated that laureate (IB) programs. ITY and NECESSITY, FUNCTION, AND to approve the following amendments the administrative regulation would al- A motion was made and seconded CONFORMITY paragraphs to provide to: (1) amend the NECESSITY, FUNC- low an engineer in the field to lower the to approve the following amendments: for the executive reorganization; (2) to TION, AND CONFORMITY paragraph speed limit in a construction area by up (1) to amend the NECESSITY, FUNCTION, amend the NECESSITY, FUNCTION, AND to state the necessity for and function to fifteen (15) miles per hour (mph) on AND CONFORMITY paragraph and Sec- CONFORMITY paragraph to state the served by this administrative regula- a highway with a speed limit of seventy tions 2 and 3 to comply with the drafting necessity for and function served by this tion, as required by KRS 13A.220(1)(f); (70) mph and by up to ten (10) mph on and format requirements of KRS Chapter administrative regulation, as required by (2) amend Section 2 to add criteria for a highway with a speed limit of sixty-five 13A; and (2) to amend Section 2(2) to KRS 13A.220(1)(f); and (3) to amend Sec- an appropriate actuarial instrument and (65) mph. He stated that workers had update the requirements of the precol- tions 1 and 3 through 8 to comply with to describe an “empirically-guided ap- complained that the previous speed cap lege curriculum to match the curriculum the drafting and format requirements of proach”; and (3) amend Sections 1 to was not low enough under some circum- established by the Council on Post- KRS Chapter 13A. Without objection, 4 to comply with the drafting and for- stances. He also stated that the cabinet secondary Education in 13 KAR 2:020. and with agreement of the agency, the mat requirements of KRS Chapter 13A. secretary was authorized to lower the Without objection, and with agreement amendments were approved. Without objection, and with agreement speed limit below limits established in of the agency, the amendments were ap- Game of the agency, the amendments were ap- this administrative regulation. proved. 301 KAR 2:015. Feeding of wildlife. proved. A motion was made and seconded Department for Workforce Invest- 301 KAR 2:030. Commercial guide Department of Kentucky State Po- to approve the following amendments: ment: Unemployment Insurance license. lice: Criminal History (1) to amend the STATUTORY AUTHOR- 787 KAR 1:110. Appeals. Lisa Co- A motion was made and seconded 502 KAR 30:060. Dissemination ITY paragraph to include KRS 174.080; chran, Unemployment Insurance Branch to approve the following amendments: of criminal history record information. and (2) to amend Sections 1 and 2 to manager, and Larry W. Moore, policy an- (1) to amend Section 4 to comply with Keith Peercy, major with the Kentucky comply with the drafting and format re- alyst, represented the department. the drafting requirements of KRS Chap- State Police, and Morgain Sprague, legal quirements of KRS Chapter 13A. With- In response to a question by Sena- ter 13A; and (2) to amend Sections 2 counsel, represented the department. out objection, and with agreement of the tor Pendleton, Ms. Cochran stated that, and 3 to extend the time to comply with In response to a question by Co- agency, the amendments were approved. now that the department staffing levels certain requirements to January 1, 2010. Chair Roeding, Ms. Sprague stated that EDUCATION AND WORKFORCE had stabilized, great strides had been Without objection, and with agreement the fee increase was insufficient to com- DEVELOPMENT CABINET: Board of Edu- made toward speeding up the appeal of the agency, the amendments were ap- pletely defray the cost of the program, cation: Department of Education: School process. proved. but that the department was reluctant Administration and Finance Co-Chair Roeding requested that 301 KAR 2:225 & E. Dove, wood to raise the fee further at this time. 702 KAR 3:080. Fidelity bond, pe- the department keep subcommittee staff duck, teal, and other migratory game A motion was made and seconded nal sum for treasurer, finance officer and apprised of the progress in speeding up bird hunting. to approve the following amendments: others. Kevin Brown, general counsel; the appeal process. 301 KAR 2:227. Repeal of 301 KAR (1) to amend the RELATES TO and STATU- Michael Miller, division director; and A motion was made and seconded 2:223. TORY AUTHORITY paragraphs to correct Larry Stinson, associate commissioner, to approve the following amendments: Wildlife statutory citations; (2) to amend Section represented the department. (1) to amend the RELATES TO and 301 KAR 4:110. Administration of 1(2) to specify that: (a) employees and A motion was made and seconded STATUTORY AUTHORITY paragraphs to drugs to wildlife. members of fire departments, ambu- to approve the following amendments: correct statutory citations; and (2) to A motion was made and seconded lance services, and rescue squads shall (1) to amend the STATUTORY AUTHOR- amend Sections 1 to 4 to comply with to approve the following amendments: to be exempt from the fee pursuant to KRS ITY and NECESSITY, FUNCTION, AND the drafting and format requirements of amend Sections 4 and 5 to comply with 17.167(4); and (b) to specify that the fee CONFORMITY paragraphs to correct KRS Chapter 13A. Without objection, the drafting requirements of KRS Chap- required in this administrative regulation citations; and (2) to amend Sections 1, and with agreement of the agency, the ter 13A. Without objection, and with shall not apply to applications for a li- 2, and 3 to comply with the drafting re- amendments were approved. agreement of the agency, the amend- cense, or renewal of a license, to carry a quirements of KRS Chapter 13A. With- LABOR CABINET: Department of ments were approved. concealed deadly weapon; (3) to amend out objection, and with agreement of the Workplace Standards: Division of Occu- ENERGY AND ENVIRONMENT the Incorporation by Reference section to agency, the amendments were approved. pational Safety and Health Compliance: CABINET: Department of Environmen- update forms; and (4) to amend Sections School Terms, Attendance and Op- Occupational Safety and Health tal Protection: Division of Water: Water 1, 3, and 4 to comply with the drafting eration 803 KAR 2:180. Recordkeeping; re- Quality Standards and format requirements of KRS Chapter 702 KAR 7:130 & E. Approval of in- porting; statistics. David Stumbo, health 401 KAR 10:001 & E. Definitions 13A. Without objection, and with agree- novative alternate school calendars. standards specialist, represented the di- for 401 KAR Chapter 10. Abigail Pow- ment of the agency, the amendments In response to a question by Co- vision. ell, regulations coordinator, and Randy were approved. Chair Roeding, Mr. Stinson stated that A motion was made and seconded Payne, water quality contact, represent- Department of Criminal Justice this administrative regulation would to approve the following amendments: to ed the division. Training: Kentucky Law Enforcement make it easier for a school to request ap- amend the NECESSITY, FUNCTION, AND A motion was made and seconded Council proval of an alternative school calendar. CONFORMITY paragraph to clearly state to approve the following amendments: 503 KAR 1:110. Department of A motion was made and seconded the necessity for and function served (1) to amend the RELATES TO paragraph criminal justice training basic training: to approve the following amendments: by this administrative regulation, as re- and Section 1 to correct citations; and graduation requirements; records. Steve (1) to amend the RELATES TO, STATUTO- quired by KRS 13A.220. Without objec- (2) to amend Section 1(60) to make a Lynn, assistant general counsel, repre- RY AUTHORITY, and NECESSITY, FUNC- tion, and with agreement of the agency, technical correction. Without objection, sented the department. TION, AND CONFORMITY paragraphs the amendments were approved. and with agreement of the agency, the A motion was made and seconded to correct statutory citations; (2) to PUBLIC PROTECTION CABINET: amendments were approved. to approve the following amendments: to amend Sections 1 and 2 to comply with Department of Insurance: Administra- Division for Air Quality: Air Qual- amend the NECESSITY, FUNCTION, AND the drafting and format requirements of tion ity CONFORMITY paragraph and Sections KRS Chapter 13A; and (3) to amend Sec- 806 KAR 2:091. Repeal of 806 KAR 401 KAR 52:081. Repeal of 401 2 through 5, 8, and 10 to comply with tion 2 to establish the review criteria for 2:090, 806 KAR 2:096. Sharon Clark, KAR 52:080. Lora Gowins, supervisor, the drafting and format requirements of submitted applications. Without objec- commissioner, and D.J. Wasson, legal represented the division. KRS Chapter 13A. Without objection, tion, and with agreement of the agency, counsel, represented the department. JUSTICE AND PUBLIC SAFETY CAB- and with agreement of the agency, the the amendments were approved. Ms. Clark introduced Mr. Chin and INET: Department of Corrections: Office amendments were approved. Office of Instruction Mr. Shue, who were visitors from China

46 2008 Interim LEGISLATIVE RECORD working with international insurance is- expenditure minimums. Carrie Banahan, ment provisions for neonatal care and life Resources: Game sues. executive director, and Shane O’Donley, non-neonatal care; (6) to amend Section 301 KAR 2:251. Hunting and trap- 806 KAR 2:092 & E. Disclosure of policy adviser, represented the office. 13 to establish the reimbursement rate ping seasons and limits for furbearers. local government taxes. In response to a question by Co- for inpatient care provided by Vanderbilt 301 KAR 2:300. Black bears. In response to a question by Co- Chair Roeding, Ms. Banahan stated that Medical Center; and (7) to create a new ENERGY AND ENVIRONMENT Chair Roeding, Ms. Clark stated that this the expenditure minimum had been section to specify that the department CABINET: Department of Environmen- administrative regulation required full raised each year. reimbursement for inpatient hospital tal Protection: Division of Water: Water disclosure on tax bills. Ms. Wasson stat- Office of Inspector General: Divi- care shall not exceed the upper payment Quality ed that insurance billing notices were re- sion of Audits and Investigations: Office limit established in 42 C.F.R. 447.271 or 401 KAR 5:010. Operation of quired to itemize local government taxes of Audits and Investigations 447.272. Without objection, and with wastewater systems by certified opera- beginning December 31, 2008. 906 KAR 1:011. Repeal of 906 KAR agreement of the agency, the amend- tors. A motion was made and seconded 1:010. Stephanie Brammer-Barnes, regu- ments were approved. Water Quality Standards to approve the following amendment: lation coordinator; Stephanie Hold, as- Payment and services 401 KAR 10:026. Designation of to amend Section 1(3) to comply with sistant director; and Michael Lawrence, 907 KAR 3:205. Hemophilia treat- uses of surface waters. the drafting and format requirements of department of inspector general, repre- ment reimbursement and coverage via 401 KAR 10:029. General provi- KRS Chapter 13A. Without objection, sented the office. the 340B Drug Pricing Program. sions. and with agreement of the agency, the 906 KAR 1:031. Repeal of 906 KAR A motion was made and seconded 401 KAR 10:030. Antidegradation amendment was approved. 1:030. to approve the following amendments: policy implementation methodology. 806 KAR 2:111. Repeal of 806 KAR 906 KAR 1:170. Administrative (1) to amend the RELATES TO and STAT- 401 KAR 10:031. Surface water 2:110. subpoenas. UTORY AUTHORITY paragraphs to cor- standards. Assets and Liabilities In response to a question by Co- rect statutory citations; (2) to amend Certified Operators 806 KAR 6:130. Minimum stan- Chair Roeding, Mr. Lawrence stated that the NECESSITY, FUNCTION, AND CON- 401 KAR 11:001. Definitions for dards for determining reserve liabilities subpoenas were only intended as a last FORMITY paragraph to clearly state the 401 KAR Chapter 11. and nonforfeiture values for preneed in- resort after other measures have proven necessity for and function served by this 401 KAR 11:010. Board of certifica- surance. unsuccessful. administrative regulation, as required tion. A motion was made and seconded Department for Medicaid Services: by KRS 13A.220; and (3) to amend Sec- 401 KAR 11:020. Standards of pro- to approve the following amendments: Medicaid Services tions 1 to 5 to comply with the drafting fessional conduct for certified operators. (1) to amend the RELATES TO paragraph 907 KAR 1:015. Payments for out- and format requirements of KRS Chapter 401 KAR 11:030. Wastewater to correct a statutory citation; and (2) patient hospital services. Elizabeth A. 13A. Without objection, and with agree- treatment and collection operators-clas- to amend Section 1 to comply with the Johnson, commissioner; Stuart Owen, ment of the agency, the amendments sification and qualification. drafting and format requirements of regulation coordinator; and Neville Wise, were approved. 401 KAR 11:050. Operator certifi- KRS Chapter 13A. Without objection, finance director for Medicaid Services, Department for Income Support: cation. and with agreement of the agency, the represented the department. Child Support Enforcement: Child Sup- 401 KAR 11:060. Certification amendments were approved. Co-Chair Roeding stated his con- port fees. Agents, Consultants, Solicitors, gratulations for working out the issues 921 KAR 1:380. Child support en- JUSTICE AND PUBLIC SAFETY CAB- and Adjusters related to this administrative regulation. forcement program application and inter- INET: Department of Corrections: Office 806 KAR 9:220. Continuing educa- A motion was made and seconded state process. Steve Veno, deputy com- of the Secretary tion. to approve the following amendments: missioner, represented the department. 501 KAR 6:270. Probation and pa- A motion was made and seconded (1) to amend the RELATES TO and STAT- The following administrative regu- role policies and procedures. to approve the following amendments: to UTORY AUTHORITY paragraphs to cor- lations were deferred to the December 9, TRANSPORTATION CABINET: De- amend Sections 5 and 6 to comply with rect statutory citations; and (2) to amend 2008, meeting of the Subcommittee: partment of Vehicle Regulation: Motor the drafting requirements of KRS Chap- Sections 2, 5, 6, 8, and 9 to comply with PERSONNEL CABINET: Personnel Vehicle Commission ter 13A. Without objection, and with the drafting and format requirements of Cabinet, Classified 605 KAR 1:060. Temporary off-site agreement of the agency, the amend- KRS Chapter 13A. Without objection, 101 KAR 2:066 & E. Certification sale or display event. ments were approved. and with agreement of the agency, the and selection of eligibles for appoint- EDUCATION AND WORKFORCE Life Insurance and Annuity Con- amendments were approved. ment. DEVELOPMENT CABINET: Board of Edu- tracts 907 KAR 1:825 & E. Diagnosis-re- FINANCE AND ADMINISTRATION cation: Department of Education: School 806 KAR 15:080 & E. Paid-up life lated group (DRG) inpatient hospital re- CABINET: Kentucky Retirement Systems: Terms, Attendance and Operation insurance policies. imbursement. General Rules 702 KAR 7:065. Designation of A motion was made and seconded A motion was made and seconded 105 KAR 1:130. Hazardous duty agent to manage high school interscho- to approve the following amendments: to approve the following amendments: coverage. lastic athletics. to amend Sections 1, 3, 5, and 6 to com- (1) to amend the RELATES TO and STAT- 105 KAR 1:140 & E. Contribution LABOR CABINET: Department of ply with the drafting and format require- UTORY AUTHORITY paragraphs to cor- reporting. Workers’ Claims: Workers’ Claims ments of KRS Chapter 13A. Without rect statutory citations; (2) to amend 105 KAR 1:345 & E. Rollovers 803 KAR 25:091 & E. Workers’ objection, and with agreement of the the NECESSITY, FUNCTION, AND CON- and transfers of contributions to other compensation hospital fee schedule. agency, the amendments were approved. FORMITY paragraph to clearly state the plans. PUBLIC PROTECTION CABINET: Health Insurance Contracts necessity for and function served by this 105 KAR 1:380 & E. Minimum dis- Department of Financial Institutions: Di- 806 KAR 17:540 & E. ICARE Pro- administrative regulation, as required by tribution. vision of Securities: Securities gram high-cost conditions. KRS 13A.220; (3) to amend Sections 1, 105 KAR 1:390 & E. Employment 808 KAR 10:041. Repeal of 808 806 KAR 17:545 & E. ICARE Pro- 2, 4, 6, 8, 9, 13, 14, 15, 17, 19, and 20 after retirement. KAR 10:040. gram employer eligibility, application to comply with the drafting and format 105 KAR 1:400 & E. Federal taxa- 808 KAR 10:440. Examples of dis- process, and requirements. requirements of KRS Chapter 13A; (4) to tion limitation year. honest or unethical practice for broker- 806 KAR 17:555 & E. ICARE Pro- amend Section 2 to revise Table 2, High 105 KAR 1:420 & E. Account es- dealers and agents. gram requirements. Volume Adjustment Eligibility Crite- tablished under 26 U.S.C. 808 KAR 10:450. Examples of dis- A motion was made and seconded ria, to change the “days range” column 105 KAR 1:430 & E. General Com- honest or unethical practice for invest- to approve the following amendment: and “per diem payment” column; (5) pliance with federal tax laws. ment advisers and investment adviser to delete an unnecessary definition in to amend Section 2 to: (a) specify that GENERAL GOVERNMENT CABI- representatives. Section 1. Without objection, and with the department shall not make a high NET: Kentucky Real Estate Appraisers Kentucky Horse Racing Commis- agreement of the agency, the amend- volume per diem payment for a level I Board: Board sion: Thoroughbred Racing ment was approved. neonatal care claim, or level II or III neo- 201 KAR 30:030. Types of apprais- 810 KAR 1:012. Horses. CABINET FOR HEALTH AND FAM- natal center claim, but that those claims ers required in federally-related transac- 810 KAR 1:015. Claiming races. ILY SERVICES: Office of Health Policy: shall be included in the hospital’s high tions; certification and licensure. 810 KAR 1:018 & E. Medication; Certificate of Need volume adjustment eligibility criteria cal- TOURISM, ARTS AND HERITAGE testing procedures; prohibited practices. 900 KAR 6:030. Certificate of need culation; and (b) clarify the reimburse- CABINET: Department of Fish and Wild- 810 KAR 1:028 & E. Disciplinary

THE KENTUCKY GENERAL ASSEMBLY 47 measures and penalties. prentice, proficient and distinguished She also said female students tend to ity numbers. Harness Racing students in seven content areas. The score higher than males and African- Senator Westwood said it is prob- 811 KAR 1:090 & E. Medication; nonacademic indexes in CATS includes American and Hispanic students score lematic that Kentucky uses a different testing procedures; prohibited practices. attendance, graduation rates, including the lowest in the academic index. She formula to calculate dropout rates while 811 KAR 1:095 & E. Disciplinary retention and dropouts, and transition noted that the KDE will continue to work trying to be in compliance with NCLB. measures and penalties. to adult life. The ACT high school index to close the achievement gaps in the test He said this creates problems because it The Subcommittee adjourned at also requires administering the PLAN in scores among these different sub-groups does not provide a clear picture to the 12:10 p.m. until December 9, 2008. grade 10 and the ACT in grade 11 for all of students. federal government of exactly how many students with each accounting for 2.5 Ms. Sims said other items in the students are dropping out in the state. EDUCATION ASSESSMENT percent in the accountability index. 2008 disaggregated academic index He would like Kentucky to use a formula AND ACCOUNTABILITY Mr. Draut discussed the NCLB an- show that free and reduced lunch stu- that mirrors the NCLB formula so the in- REVIEW SUBCOMMITTEE nual measurable objectives and the dents score lower on the CATS than stu- formation is useful as to how the state is Minutes starting points and yearly targets of the dents who are not approved for free and performing with the nonacademic stan- October 14, 2008 percent of students enrolled for a full reduced lunch. Students with English dard. The sixth meeting of the Education academic year and scoring proficient and proficiency score higher than students Senator Westwood said the in- Assessment and Accountability Review distinguished. He noted Kentucky met identified with limited English proficien- crease in the high school writing on-de- Subcommittee was held on Tuesday, Oc- 20 out of 25 target goals in 2008, which cy. Finally, students with no disabilities mand score from 55.8 in 2007 to 72.0 tober 14, 2008, at 10:00 AM, in Room equals 80 percent of its target goals. A score higher than students identified in 2008 seems extremely high even us- 131 of the Capitol Annex. Senator Jack detailed table is included in the meeting with a disability, while students receiv- ing the new standards. He said most of Westwood, Co-Chair, called the meet- folder located in the Legislative Research ing accommodations for their disability the nonadjusted academic index scores ing to order, and the secretary called the Commission (LRC) library. score higher on the test than students declined in all subject areas except for roll. Mr. Draut said based on the NCLB who receive no accommodations for small increases in the writing portfolio Present were: public release on August 5, 2008, 820 their disability. and practical living and vocational stud- Members: Senator Jack Westwood, schools met 100 percent of NCLB ad- Mr. Draut explained the distribution ies scores. Co-Chair; Representative Harry Moberly equate yearly progress goals, which is of scores for the PLAN and ACT tests in Mr. Draut said the writing test that Jr., Co-Chair; Senators Dan Kelly and 70.9 percent of all schools. Other fig- 2007 and 2008. He said the scores are was administered in the fall of 2006 was Ken Winters; Representative Mary Lou ures reported included: 89.0 percent of placed in ranges of novice low, novice scored in 2007 using the old model and Marzian. all elementary schools met 100 percent medium, proficient and distinguished the old holistic model scoring standards. Guests: Larry Taylor, Kentucky De- of goals; 44.4 percent of middle schools and then a formula is used that creates In the fall of 2007, the students com- partment of Education and Mary Ann met 100 percent of goals; 33.3 percent the index for the ACT and PLAN. He said pleted the new CATS writing on-demand Blankenship, Kentucky Education Asso- of high schools met 100 percent of its the score range percentages establish a test and it was scored analytically and ciation. goals; and 103 out of 175 school dis- starting point for the high school ACT posted in the 2008 school year. LRC Staff: Sandy Deaton, Audrey tricts, 58.9 percent, met 100 percent of academic index. Kentucky has an aver- Senator Westwood asked if the new Carr, Janet Stevens, and Lisa Moore. NCLB adequate yearly progress goals. He age ACT index of 73.8 in 2008. scoring standards are lower than in the Senator Westwood asked for a mo- also discussed the summary of tiers and Mr. Draut said the composite score past or if students are just performing tion to approve the minutes of the Au- consequences for Title I schools and dis- for Kentucky juniors completing the that much better on the test. gust 12, 2008 meeting. Representative tricts. ACT is 18.3. He said the ACT provides Mr. Draut said it is a combination of Moberly made the motion to accept the Mr. Draut discussed concordance in college ready benchmark scores for the switching from a holistic scoring model minutes and Senator Winters seconded CATS reporting in Kentucky. He said mul- core subject areas of English, mathemat- to an analytical scoring model as well as the motion. The motion was approved tiple changes to CATS in 2007 required a ics, reading, and science. He said 46% implementing the new standards that re- by voice vote. statistical process to link data from the of Kentucky students are meeting the sulted in the numbers increasing at that Senator Westwood introduced Ms. old system used in 1998-2006 to the ACT benchmark score in English; 20% level. Ms. Farris added that the standards Elaine Farris, Deputy Commissioner, Bu- new one established in 2007-2008. He in mathematics; 33% in reading; 15% in on the new test were not lowered. reau of Learning and Results Services, said concordance is a statistical process science; and 10% of Kentucky students Senator Kelly praised the KDE staff Kentucky Department of Education used to establish the link. The concor- are meeting all four ACT benchmarks. for their work on the concordance charts. (KDE), Mr. Ken Draut, Associate Com- dance table relates the scores on similar African-American and Hispanic students He said only ten percent of Kentucky ju- missioner, Office of Assessment and assessments by lining up the percentile are scoring lower than Caucasian and nior students are prepared to go to col- Accountability, KDE, and Ms. Rhonda ranks. A school’s adjusted score does de- Asian Americans on the ACT, which is lege according to the chart showing the Sims, Director, Division of Assessment pend on the rank order of other schools following the scoring trend in the CATS percent of Kentucky students meeting Support, KDE, who reported on the 2008 in Kentucky. The concordance table set testing. college readiness benchmarks on the tests scores for the Commonwealth Ac- in 2007 established the link between Mr. Draut said transitioning from ACT. He said that he has a hard time un- countability Testing System (CATS), No old and new CATS accountability index 2008 to 2014 will include a data review derstanding why the test is performing Child Left Behind (NCLB), and ACT. scores. He said the same table was used and appeals will be processed and revised so well and the students are perform- Mr. Draut began the PowerPoint for the last time in 2008, and content Kentucky Performance Reports will be ing so poorly. He finds the information presentation by defining the state and area and individual student scores were posted in the fall of 2008. A new growth non-useful and asked if only two percent federal accountability systems in Ken- not adjusted. chart will be created from the nonad- of Kentucky schools are in trouble and tucky. He noted that the federal NCLB Ms. Sims explained the growth justed 2007 and 2008 accountability in- need assistance. accountability requirement has annual chart for Kentucky. She said schools have dices and the new growth charts will be Ms. Farris said only two percent of measurable objectives that include the different starting points, but all schools released in late 2008. the schools needed assistance based on percentage of proficient and distin- have a goal to reach 100 in the account- Senator Westwood asked about the the accountability model that KDE used. guished students in reading and math- ability index. She noted 594 schools are dropout rates declining from 5.34 percent Senator Kelly said he would like to ematics and targets for all students and meeting their goals, 537 schools are to 2.22 percent in 2008. He questioned see more useful information, such as how populations of sufficient size. He said progressing toward their goals, and 26 the validity of the numbers as there has schools are doing that are not performing other academic indicators in NCLB in- schools are in the assistance category. been speculation as to how the dropout well, instead of just meaningless indices clude CATS classifications in elementary A detailed adjusted accountability index rates are calculated in Kentucky. numbers. He also does not understand and middle school and graduation rates calculated with the concordance table Mr. Draut said the dropout number why Kentucky is not focusing on the 26 in high school. He also said NCLB re- at each level of elementary, middle, and used was based on a one-year calcula- schools that are in need of assistance to quires a participation rate to test 95 per- high school is available in the meeting tion of how many students dropped out get them up to standard although it is cent of all students and populations of folder in the LRC library. of a school. He said graduation rates are well-known that Kentucky’s education sufficient size and Kentucky meets that Ms. Sims said elementary school calculated differently so often dropout problems are much broader than that. goal every year. students score higher on the CATS test and graduation rates differ. He noted He said the type of information present- Mr. Draut said the CATS state test- with middle and high school students NCLB uses a graduation rate in its ac- ed in the KDE report is keeping Kentucky ing system has an academic index that performing lower on the CATS assess- countability system and Kentucky uses from really focusing on where the real includes the percentage of novice, ap- ment across the entire Commonwealth. the dropout rate in its state accountabil- problems are. He said the KDE data does

48 2008 Interim LEGISLATIVE RECORD show the achievement gaps that exist ris said she was. Senator Winters ques- implemented into all versions of the test; need other incentives besides motiva- in Kentucky’s educational system, but tioned the adequacy of mathematics however, the CATS test is a matrix de- tion to be prepared mentally to take the focus has to be placed on getting more classes as more than half of all students signed test and there are still six differ- CATS test. He said his only concern is than ten percent of Kentucky students need math remediation in college. Ms. ent forms that are administered to stu- for the young people of the state and he ready for college or the workforce. Farris believes it is more of an access is- dents. He said this type of matrix test wants Kentucky students to be paceset- Mr. Draut noted that 594 Kentucky sue in that all students are not receiving is designed to get a broad picture of the ters and not followers. schools met their goals, but this was the core content for whatever the rea- schools’ accountability and curriculum Representative Moberly said he is only ten more schools than in the 2005- son. program. He noted that the reliability concerned about students being moti- 2006 school year. He said many schools Senator Winters asked what the and validity at the individual student vated to perform their best on the CATS listed in the progressing category are legislature can do to facilitate all stu- level meets all the required standards assessment. He noted that students from headed for the assistance category and dents getting the core content classes that other tests meet. Madison Central High School responded this is a cause of concern. needed to perform well on the ACT and Senator Kelly asked if students who to questions from legislators that they Senator Kelly said his concern is upon graduation of high school. are having trouble getting access into a felt the CATS test was important to the that the schools are meeting the goals Ms. Farris said the KDE is continu- class is due to the availability of teach- school, and the ACT test was important with the accountability system but the ing conversations with Kentucky middle ers with the skills to teach the course, to them. He feels that the Kentucky Edu- students are not prepared for college. and high schools to encourage and to particularly in the areas of math and sci- cational Excellence Scholarship (KEES) Ms. Farris said it is a school ac- communicate how important it is for all ence. funding should be tied to students’ CATS countability model that analyzes schools students to have access to the content Ms. Farris said it is largely due to scores in an effort to motivate them to across the state, but school districts that they are going to be assessed on. the availability of courses based on the do better on the test. are looking at individual student per- She said the students need access to the size of the school and courses offered, Senator Kelly said he had asked formance. She said the KDE is asking appropriate content to be ready for post- the selection of classes by particular stu- Commissioner Draud to look at interven- schools to look at the core classes that secondary education and this depends dents, including students with disabili- tion programs implemented in Kentucky students are taking as this can affect upon availability and rigor of the courses ties that are not in core content classes schools and determine if they are work- how they perform on the ACT test. She being taken. on a regular day basis, and expectations ing and can be replicated. He said the noted some students do not get the core Representative Moberly is con- of students and the classes they take. summary he received from the KDE was classes needed to perform well on the cerned that the test results are not show- Senator Winters asked if accessibil- helpful but it did not contain a future test because there is not equal opportu- ing good results and Kentucky is not ity to courses depends upon the student plan for next steps. He thinks the litera- nity and access for students to get the making the progress that was intended. just as much as the school. Ms. Farris cy intervention has been very successful, classes they need in schools and some of He said the committee would like ideas said that was correct. Senator Winters but would like to see all students have it is the student’s choice of class selec- on what they can do to provide assis- said his concern is about basic skill de- access to the intervention strategies and tion. The KDE wants to ensure that all tance. He also asked if the KDE feels that velopment in students. He is encouraged would like this topic to be discussed in students receive the core classes they declining resources in Kentucky schools that the KDE believes the core content the near future. need in middle and high school so that are attributing to the problem. is adequate and that student choice is Senator Westwood introduced Ms. access is provided to the aligned curricu- Ms. Farris said declining resources the reason why students are not receiv- Marcia Ford Seiler, Director, Dr. Ken Chil- lum of core content, program of studies, is a problem and does impact student ing the core content courses needed to ton, Director of Research, and Dr. Debo- and the ACT standards. performance and success. She said the succeed. rah Nelson, Research Analyst, Office Senator Kelly said Kentucky schools KDE is aware that problems exist in mid- Senator Winters asked if the 537 of Education Accountability (OEA), to need to analyze their intervention pro- dle and high schools across the Com- schools that are progressing is equiva- present a review of Special Education in grams with the goal of helping students monwealth. She said that 56 assistance lent to meeting the goals of 2014, or Kentucky. Ms. Seiler said her staff would to perform better and not with the goal of teams have been assembled and are vis- are those schools just doing better than describe the funding, assessment results, moving the indices up the chart. He said iting schools across the state and having they were last year. and future challenges and issues regard- demographics play a part in how many conversations with school districts, su- Mr. Draut said the 537 schools that ing the special education program. She novice students are enrolled in a school perintendents, and principals in an effort are progressing are of concern as they are also asked the committee members for and the focus should not be placed on to build partnerships to help schools im- heading towards entering in the assist suggested study topics that they would necessarily shrinking the number of nov- prove and to have an impact on student zone in later years, while the schools like for OEA to address in 2009. She said ice students. learning. She noted the KDE is providing that are moving into the meeting goals the first study identified for 2009 is a Senator Winters said he is con- assistance so that local school districts zone are flattening out. mathematics study which will include cerned that half of the high schools in do not have to use local funds to receive Senator Winters asked if enough a review of the core content, interven- Kentucky regressed in 2007-2008 on these services. responsibility is leveraged on students tion strategies for struggling students, their CATS test scores. He asked the KDE Representative Moberly said Ken- to have them try to perform well on the assessment results, and teacher quality their thoughts on why this regression tucky has been having this conversation CATS test. He is concerned that students issues. occurred. about improving high schools for the last do not try hard on the test because they Dr. Chilton began the PowerPoint Ms. Farris said high schools are a two or three years. He said he is tired see it as a benefit to the school and not presentation by citing the main data large concern across the nation. She said of talking about it and not getting any a personal benefit. sources for the report as the Individuals assistance teams are being assembled in results. He noted the legislature wants Ms. Farris said a lot of school dis- with Disabilities Education Act (IDEA) the high schools in Kentucky to look at to help the problem and would like guid- tricts are doing a better job motivating and finance reports and Gifted and Tal- individual student’s course selections ance or thoughts on what they can do to students to do well on the CATS test, ented (G&T) information produced from and make interventions when necessary. provide assistance. and this motivation is intrinsic. She said the KDE. Some KDE reports that were Senator Winters discussed the im- Ms. Farris said a team at KDE is motivation is probably not as big a prob- used included the district annual finance portance of students taking core content looking at secondary education. She said lem across the state as thought to be, reports, the KDE federal and state grant classes versus having a high performance they will have discussions with the com- but student accountability needs to be allocations, and the Support Educational teacher in the classroom. He asked Ms. mittee on what the team is doing and communicated. Excellence in Kentucky (SEEK) transpor- Farris which one was more important for how the committee can support their Mr. Draut said he feels comfort- tation funding calculation report. student success. efforts. able that the students in the elementary Dr. Chilton said IDEA has a focus Ms. Farris said core content and Representative Moberly said the schools are motivated to do well. He is on changing the culture of special educa- highly qualified teachers go hand-in- committee agrees on interventions for not so sure that there is not a motivation tion with an emphasis on mainstreaming hand. She said the core content needs to math and reading and he believes that problem for middle and high school stu- special education students. He also said be delivered to students in an effective was reflected in the test results. He said dents. He said some school districts are IDEA believes special education students manner. She said some students are not the committee had previously discussed beginning to use CATS scores to allow should be assessed like regular education getting the core content classes needed having fewer versions of the CATS test to students to move to the next level and students. because of course selection. make the results more reliable and won- also providing consequences or letting Dr. Chilton said the process of iden- Senator Winters asked if Ms. Farris dered if that had ever been implemented students use the scores in some mean- tification is governed by the Admissions was comfortable that the core content into the system. ingful way. and Release Committee (ARC). Students is adequate in all subject areas. Ms. Far- Mr. Draut said common items were Senator Winters said the students are referred by teachers, parents, profes-

THE KENTUCKY GENERAL ASSEMBLY 49 sionals, or state agency personnel staff sion in accountability systems, and ap- Ms. Nelson said there has been a the federal government has highlighted for evaluation. He said the eligibility is propriate testing accommodations. She steady increase in graduation rates for the concern that too many students are then determined at the school level by said a testing accommodation can be special education students, although referred to special education because of the ARC. The identification criteria are technology or a process that is intended still far below the graduation rates of all reasons other than having a disability. more specific in some categories than to allow students with disabilities to students. She noted that dropout rates She said when students are incorrectly in others and not all referrals result in demonstrate their knowledge of content have steadily declined, but there is a placed in special education it can hurt special education identification. He said without regard to their disability. concern noted in the full report on how the efficiency and effectiveness of pro- membership on the ARC is governed by Ms. Nelson explained changes in the dropout rates are calculated. gram. regulations, and includes special educa- assessment and accountability primar- Ms. Nelson said a major goal of IDEA Ms. Nelson said the Response to tion teachers, administrators and par- ily with the NCLB Act. She said changes is to prepare students for employment Intervention (RTI) is a major, federal ents, and can include the child and di- were made because federal policymakers and independent living. She said national initiative that is part of the latest reau- agnostic and evaluative staff as well. He believed there were low expectations for studies are showing transition progress thorization of IDEA. She said the RTI is noted that research shows that not all students with disabilities and that they for students with disabilities in employ- a major strategy for addressing the is- school districts employ professional di- did not receive core content in regular ment and in postsecondary enrollment. sue of appropriate identification and agnostic staff. classroom settings. She noted the CATS She said Kentucky does not have trend KDE is utilizing RTI. It is a systematic Dr. Chilton said the disability cate- system is a compensatory system and data on post-goal outcomes for special assessment and intervention made in a gories include those with a high incidence all schools face state sanctions. She said education students, but the report does regular classroom prior to special educa- such as speech and learning disabilities; CATS also permits alternate assessments report the first wave of the data collec- tion identification. She said challenges those with a moderate incidence such as for about one percent of all students. tion. She said concerns are raised within to implementation include: district and developmental delays, and hearing and NCLB uses subgroup accountability and the report whether all special education school resources; access to students at visual impairments; and those with a only Title I schools face sanctions. She students are receiving the transition ser- preschool; and financial disincentives in low incidence such as emotional behav- noted NCLB administers an alternate as- vices, which are required by law. some districts. ioral disorders, multiple disability, deaf- sessment that must be on grade level. Ms. Nelson briefly discussed the Ms. Nelson said expenditures are blindness, autism, and traumatic brain Ms. Nelson said NCLB is criticized G&T program. She said 17 percent of all outpacing revenues at the state level. injury. as having unfair or unrealistic expecta- K-12 students are enrolled in the excep- She said the trend is more pronounced in Dr. Chilton said the preschool tions because the changes were imple- tional children program, but the program higher wealth districts and there are no through 12th grade special education mented so quickly. It has provided a does not receive direct federal funding. In clear explanations why. enrollment has grown moderately at 3.2 shock to the system because of insuf- Kentucky, the G&T program is funded at Ms. Nelson said that data shows percent since 2000. He noted the differ- ficient attention to improving teacher significantly lower levels than the special improvement is possible for students ent cohorts of special education howev- skills and giving them access to the type education students and many districts with disabilities. There is a discrepancy er, broken down by age groups, have out- of resources that would allow them to supplement with local funds. She said between expectations and performance. paced the regular education population adapt to advanced content. the program was funded at $7.2 million She said there are potential unintended by growing 16.1 percent over the last 7 Ms. Nelson said elementary special in 2007, which amounts to an average of consequences such as the misuse of ac- years. He said Kentucky ranks about 12 education students made the greatest $62 per pupil identified. commodations and tensions between percent higher than the national average gains overall. She said the data suggests Ms. Nelson said advocates for the academic and nonacademic goals. in enrollment of special education stu- that at least some students with disabil- G&T students have raised concerns that Senator Kelly asked about conse- dents. He discussed specific identifica- ities are capable of performing at higher during an era of accountability focusing quences of not meeting the NCLB expec- tion trends for each age cohort which is levels than in the past. She said middle on minimum proficiency targets for all tations for next year. He asked if stan- in the meeting materials located in the and high school special education stu- students, the G&T students are over- dards would be lowered for all students LRC library. dents tend to have more trouble reach- looked in classrooms while performing or if Kentucky would have to forfeit the Dr. Chilton said the total spe- ing proficient or distinguished as content at levels far beyond proficiency. She said revenue if no changes are made in the cial education revenue in 2007 was and subject matter on the assessments not all districts are able to meet regula- federal legislation. $539,366,526. He said the funding for- is more advanced. She discussed specific tory requirements with the limited fund- Ms. Nelson said NCLB is in the pro- mula has SEEK add-on weights based reading and math proficiency rates on ing for the program that is available. cess of being reauthorized. She said there on a per pupil basis with each student the 2007 Kentucky Core Content Test Services can vary widely among districts will more than likely be some changes identified as associated with an increase (KCCT) and these detailed tables are lo- and schools, and data suggests that not made in the federal legislation as this in revenue. He noted the more severe cated in the meeting folder in the LRC all student populations are identified at situation is not unique to Kentucky. The the disability the higher the SEEK add- library. representative levels in the G&T program. federal government is also allowing some on weight because of the need for more Ms. Nelson said the KCCT includes Specifically, disadvantaged students, Af- states to pilot alternative intervention intense services. regular and alternate assessments. She rican-American, and Hispanic students models if they are not on track to meet Dr. Chilton summarized by explain- said many students with disabilities re- are identified at lower rates in the pro- their goals in 2014. ing the general trends in special educa- ceive accommodations, but the accom- gram than other students. Senator Westwood thanked OEA tion from 2000-2007. He said special modations raise validity and reliability Ms. Nelson said appropriate identi- for the report and said individual ques- education revenues have grown by 32.3 issues. She also noted that the reader, fication is essential in referring students tions may be posed to staff as legisla- percent; expenditures have grown by paraphrase, and scribe accommodations for special education. She noted that not tors peruse the report. He asked if the 41.8 percent; and K-12 special education are administered by individuals therefore all school districts and schools employ KDE had a response to the OEA special enrollment has grown by 10 percent. He making it difficult to ensure that accom- those people qualified to make techni- education report. Ms. Seiler said KDE did noted that some school districts may modation practices are standardized cal diagnostic decisions. She said accu- not have any additional comments and have coded special education expendi- in administration across districts and rate identification raises important and agreed with most of OEA’s findings. tures to the wrong account code so there schools, thus affecting the reliability of unique concerns at the preschool level Ms. Seiler encouraged legislators to could be discrepancy in the figures. He the assessment results. because identification for special educa- contact OEA with any questions about said expenditures have outgrown rev- Ms. Nelson said Kentucky has far tion can determine preschool eligibility. the report. She asked if the committee enues steadily since 2003 and there was exceeded the federal requirements for She said the biggest qualifier for pre- would accept the report, but there was a $38 million gap in 2007. participation in assessments. She said school eligibility is a student who has a not a quorum. Ms. Nelson explained the student NCLB requires a 95 student participa- developmental delay, but the definitions With no further business before assessment data. She said the topic of tion rate, and Kentucky has a 98 percent of this are broad and subject to interpre- the committee, the meeting adjourned assessment and accountability for stu- participation rate. She said 65 percent of tation. She also said it is difficult to use at 3:15 p.m. dents with disabilities is extremely con- students with disabilities take the regu- standardized instruments at this level so troversial. She said many concerns stem lar assessment with accommodations; it is important to use transparency and GOVERNMENT from changes associated with federal 25 percent take the regular assessment fairness in preschool eligibility. CONTRACT REVIEW regulations in the NCLB Act. with no accommodations; 8 percent use Ms. Nelson said it is important that COMMITTEE Ms. Nelson said CATS and IDEA be- an alternate assessment; and 3 percent appropriate services are provided to stu- Minutes lieve special education students should of students with disabilities are exclud- dents who may be struggling in school, October 14, 2008 have participation in assessments, inclu- ed. but do not have a disability. She said The Government Contract Review

50 2008 Interim LEGISLATIVE RECORD Committee met on Tuesday, October 14, AUDITOR OF PUBLIC ACCOUNTS, NORTHERN KENTUCKY UNIVER- ates Incorporated, 0800010551; Entran, 2008, at 10:00 AM, in Room 171 of the OFFICE OF THE: SITY: PLC, 0800010555; HMB Professional En- Capitol Annex. Senator Vernie McGaha, Morgan Franklin, LLC, 0800010415; The Sanchez Law Firm, 2010488; gineers Incorporated, 0800010557; Palm- Chair, called the meeting to order, and Tichenor and Associates, 0800010419; Dinsmore and Shohl, LLP, 2010490; Ad- er Engineering Company, 0800010558; the secretary called the roll. Mountjoy and Bressler, LLP, ams, Stepner, Woltermann & Dusing, Entran, PLC, 0800010575; Qore In- Present were: Senator Vernie Mc- 0800010420. PLLC, 2010491; Buechel and Conley, At- corporated, 0800010576; Entran PLC, Gaha, Co-Chair; Representative Dennis DEPARTMENT FOR COMMUNITY torneys at Law, 2010492; Deters, Benz- 0800010580; Thelen Associates Incorpo- Keene, Co-Chair; Senators Julian M. Car- BASED SERVICES: inger & LaVelle, PSC, 2010493; Ziegler & rated, 0800010581; Wilbur Smith Asso- roll, Carroll Gibson, and Elizabeth Tori; Buckhorn Children & Family Ser- Schneider, PSC, 2010494. ciates Incorporated, 0800010582; WMB Representatives Jesse Crenshaw, Brad vices, 0800008982; Kentucky Alliance PSYCHOLOGISTS, BOARD OF EX- Incorporated, 0800010585; Corradino Montell, and Brent Yonts. Boys and Girls Clubs, 0800010443; AMINERS OF: Group, 0800010590; Cultural Resource Members: Senator Vernie McGaha, Family and Children First Incorporated, Dwight Auvenshine, 0800010584. Analysts Incorporated, 0800010591; Co-Chair; Representative Dennis Keene, 0800010594. TRANSPORTATION CABINET: Entran, Plc, 0800010593; GRW Aerial Co-Chair; Senators Julian M. Carroll, DEPARTMENT FOR ENVIRONMEN- M A Allgeier, 0800009253; Tam- Surveys Incorporated, 0800010599; Carroll Gibson, and Elizabeth Tori; Rep- TAL PROTECTION: my L. Barnes, 0800009262; Baumgard- Florence and Hutcheson, 0800010613; resentatives Jesse Crenshaw, Brad Mon- Third Rock Consultants LLC, ner and Associates, PSC, 0800009263; Vaughn & Melton, 0800010704; Charles tell, and Brent Yonts. 0800010319; EDM Consulting LLC Envi- Edward L. Beck, 0800009264; Berk- Joseph Bird, 0800010706; Charles Jo- Guests: Bob McBeath, David Gayle, roplan Consulting, 0800010325; Shield ley Appraisal Company, 0800009265; seph Bird, 0800010707; Stephen G. Ra- John Combs, Nelson Knight, John Forgy, Environmental Associates Midwest In- Charles Joseph Bird, 0800009266; leigh, 0800010709. F. Ryan Keith, Earl Gresham, Peggy Strat- corporated, 0800010587. Harold Brantley, 0800009267; Paul UNIVERSITY OF KENTUCKY: ton, Steve Damron, Bill Harris, Pete Gil- DEPARTMENT FOR INCOME SUP- D. Brown, 0800009268; Mary Mc- Preston-Osborne, K09157; Merid- bert, Julane Hamon, Danny Anderson, PORT: Clinton Clay, 0800009270; George K. ian Communications, K09158; Patricia Bob Ball, Shanon Maggard, Paul Gannoe, Policy Studies Incorporated, Cox, 0800009271; William R. Cox, Kannapel, K09159; SUMit Consulting, Mike Hill, Charles Mullins, Nijel Clayton, 0800010070. 0800009272; Curd Professional Ap- LLC, K09160; Blue & Company, LLC, Libby Taylor, Cherry Boyles and Karen DEPARTMENT FOR PUBLIC praisal Services, 0800009273; David- K09161; R. Bruce Lankford, K09162. Kidwell. HEALTH: son Appraisal Service Incorporated, UNIVERSITY OF LOUISVILLE: LRC Staff: Kim Eisner, Matt Ross, American Institute of Baking, 0800009274; Intequal-Duncan Appraisal, HDR Engineering Incorporated, Brad Metcalfe, B.R. Masters and Becky 0800010140. 0800009275; James Doran, 0800009276; 09047; Rowland Design Incorporated, Brooker. EASTERN KENTUCKY UNIVERSITY: Gary Endicott, 0800009277; Beam, 09048; Voelker, Blackburn, Niehoff Ar- A motion was made by Represen- Diabetes Center of Excellence / Longest and Neff, LLC, 0800009278; chitects, 09049; Gil Stein & Associates tative Keene to approve Minutes of the Madison County Health Department, Thurston Freeman, 0800009280; Architects, 09050; Nolan & Nolan In- September 9, 2008 meeting of the com- 10026. Claude W. Galloway, Jr., 0800009281; corporated, 09051; Senler, Campbell & mittee. Representative Yonts seconded ECONOMIC DEVELOPMENT - OF- Thomas Ray Garner, 0800009282; Associates Incorporated, 09052; Dun- the motion, which passed without ob- FICE OF THE SECRETARY: J. Michael Jones, 0800009284; Lisa away Engineering Incorporated, 09053; jection. Hindman Consulting, LLC, A. Keaton, 0800009285; Robert R. JRA Architects Incorporated, 09054; A motion was made by Representa- 0800010418. Knight, 0800009286; John D. Ly- Greenbaum Associates Incorporated, tive Yonts to consider as reviewed, the EDUCATION, DEPARTMENT OF: ons, 0800009287; Paul E. McDonogh, 09055; Hoehler Incorporated, 09056; Additions List. Senator Tori seconded Hands On Therapy, PSC, 0800009288; McPherson Appraisal BTM Engineering Incorporated, 09057; the motion, which passed without ob- 0800010588. Service, 0800009289; M. K. Merrill, Arrasmith, Judd, Rapp, Chovan Incorpo- jection. FINANCE AND ADMINISTRATION 0800009290; Lewman Miller Appraisal rated, 09058; Creative Alliance Incorpo- A motion was made by Representa- CABINET: Company, 0800009291; Kentucky Field rated, 09063. tive Yonts to consider as reviewed, the GAB Robins North America Incor- Service Realty, 0800009292; Murphy WESTERN KENTUCKY UNIVER- Personal Service Contract List, with ex- porated, 0800008997; Marsh USA In- Napier and Company Real Estate Ap- SITY: ception of those items selected for fur- corporated, 0800009112. praisers Incorporated, 0800009293; Dix- Multi, 080953; DDS Engineering, ther review by members of the commit- FINANCE AND ADMINISTRATION on Nunnery, 0800009295; Willie Prater, PLLC, 080954; Phi Beta Lamda c/o Susan tee. Senator Tori seconded the motion, CABINET - DIVISION OF ENGINEERING: 0800009296; Brook Ping, 0800009297; Harmon, 080958. which passed without objection. Roederer Construction Incorpo- Area Appraisal Service, 0800009298; THE FOLLOWING PERSONAL SER- A motion was made by Representa- rated, 0800000920; Roederer Construc- G. Herbert Pritchett, 0800009299; Ste- VICE AMENDMENTS tive Yonts to consider as reviewed, the tion Incorporated, 0800000932; John L. phen G. Raleigh, 0800009300; Darval WERE REVIEWED WITHOUT OB- Personal Service Contract Amendment Carman and Associates Incorporated, E. Rash, 0800009301; Appco Appraisal JECTION: List, with exception of those items se- 0800009800; CDP Engineers Incorpo- Service Incorporated, 0800009302; CABINET FOR HEALTH AND FAM- lected for further review by members of rated, 0800010316. W. Clement Russell, 0800009303; F ILY SERVICES: the committee. Senator Tori seconded A R M Appraisals, Lisa B. Saunders, Stoll Keenon Ogden PLLC, the motion, which passed without ob- FISH & WILDLIFE, DEPARTMENT 0800009304; David P. Schoepf Associ- 0800009882. jection. OF: ates, 0800009305; Belinda Shouse, DBA DEPARTMENT FOR COMMUNITY A motion was made by Representa- Veterinary Associates, 0800009630; Brandis Incorporated, 0800009306; BASED SERVICES: tive Yonts to consider as reviewed, the Outdoor Sales & Marketing Group Incor- Darin Sizemore, 0800009308; Russell Laboratory Corporation of America Memoranda of Agreement List, with ex- porated, 0800010422. Sloan, 0800009309; Philip J. Tamplin, Holdings, 0800007429. ception of those items selected for fur- INFRASTRUCTURE AUTHORITY: Jr, 0800009310; E. Clark Toleman Mai, DEPARTMENT FOR ENVIRONMEN- ther review by members of the commit- Potter & Company, LLP, 0800009311; Waldrop and Associ- TAL PROTECTION: tee. Senator Tori seconded the motion, 0800010589. ates, 0800009312; Williams Appraisal Mactec Engineering and Consult- which passed without objection. JUSTICE CABINET: Company, 0800009314; W and W Ap- ing, 0600001999; Camp Dresser and A motion was made by Representa- St. Luke Hospital, 0800010208; praisals, 0800009315; Palmer Engineer- McKee, 0600002008; Tetra Tech Incor- tive Yonts to consider as reviewed, the Medical Legal Consultants Incorporated, ing Company, 0800010340; Strand As- porated, 0600002009; Corradino Group, Memoranda of Agreement Amendment 0800010578. sociates Incorporated, 0800010428; C-04482541-4. List, with exception of those items se- KENTUCKY LOTTERY CORPORA- Stantec Consulting Services Incorpo- EDUCATION PROFESSIONAL lected for further review by members of TION: rated, 0800010430; Brighton Acquisi- STANDARDS BOARD: the committee. Senator Tori seconded GTSI Corporation, 0908057. tion Services, 0800010435; TBE Group, The Learning House, M-06168395. the motion, which passed without ob- KY HORSE RACING AUTHORITY: 0800010437; Florence and Hutcheson, EDUCATIONAL TELEVISION, KEN- jection. Stoll Keenon Ogden, PLLC, 0800010438; Entran, PLC, 0800010441; TUCKY: THE FOLLOWING PERSONAL SER- 0800010572. TBE Group, 0800010442; BTM Associ- Dow Lohnes and Albertson, VICE CONTRACTS MILITARY AFFAIRS, DEPARTMENT ates Incorporated, 0800010455; Entran, 0600001249. WERE REVIEWED WITHOUT OB- OF: PLC, 0800010457; Vaughn & Melton, JECTION: Timothy D. Law, 0800010560. 0800010463; J M Crawford and Associ- FINANCE AND ADMINISTRATION

THE KENTUCKY GENERAL ASSEMBLY 51 CABINET - DIVISION OF ENGINEERING: Smith Management Group, Board of Education, 0800010380; Lewis MMRC Regional Industrial Development Evans Murphy Graves Architects, 0800010168; Teco Coal Corporation, County Fiscal Court, 0800010381; Jack- Authority, 0600002531; Union County 0600002221; Terry B. Simmons Ar- 0800010171; Icon Construction In- son County Fiscal Court, 0800010411; Fiscal Court, 0600002730; City of Pikev- chitects Incorporated, 0600002526; corporated, 0800010173; National City of Hyden, 0800010421; Ohio ille, 0600002905; Union County Fiscal Biagi Chance Cummins London Titzer Energy Education Development Proj- County Fiscal Court, 0800010476; Knott Court, 0700003333; Union County Fiscal Incorporated, 0700003470; Multi, ect, 0800010220; Cedar Incorporated, County Fiscal Court, 0800010484; Knott Court, 0700003335; Clay County Fiscal 0700005437; Bender Associates Archi- 0800010221; Bluegrass Pride Incorpo- County Fiscal Court, 0800010485; City Court, 0700003356; City of Covington, tects, 0800007400; Marcum Engineering rated, 0800010222; Cedar West Incor- of Providence, 0800010487; Russell 0700003947; University of Louisville Re- LLC, C-05283645. porated, 0800010223. County Fiscal Court, 0800010556. search Foundation, 0700004182; City of OFFICE OF HOMELAND SECURITY: DEPARTMENT OF HOUSING, POST SECONDARY EDUCATION, Shelbyville, 0700004291; City of Union- Hurt, Crosbie & May PLLC, BUILDING, AND CONSTRUCTION: COUNCIL ON: town, 0700004365; Union County Fiscal 0700004928. Louisville Jefferson Metro Govern- Northern Kentucky Education Co- Court, 0700005586; Pike County Fiscal TRANSPORTATION CABINET: ment Planning and Design Services, operative, 0800010366; Southern Re- Court, 0700005621; Lawrence County Vaughn and Melton, 0600001518; 0800010371. gional Education Board, 0800010367; Fiscal Court, 0700006279; Leslie County Claude W. Galloway, Jr., 0600001689; EDUCATION, DEPARTMENT OF: Southern Regional Education Board, Fiscal Court, 0700006454; Union Coun- Wilbur Smith Associates Incorporated, Ashland Independent Board of Edu- 0800010375. ty Fiscal Court, 0700006582; Mountain 0600001701; Quest Engineering In- cation, 0800007300; Treasurer Barbo- Water District, 0800007250; Lee County corporated, 0600001759; Strand As- urville Independent Board of Education, STATE POLICE, DEPARTMENT OF: Fiscal Court, 0800007924; Barren River sociates Incorporated, 0600001957; 0800007940; Boyle County Board of Buffalo Trace Area Development Area Development District, 0800008646; TBE Group, 0600002768; Thomas Ray Education, 0800007945; Bullitt County District, 0800010568. Cumberland Valley Area Develop- Garner, 0600002814; Baumgardner Board of Education, 0800007946; Bath TOURISM DEVELOPMENT CABI- ment District, 0800008668; Fivco Area and Associates, PSC, 0600002829; County Board of Education, 0800008065; NET: Development District, 0800008672; QK4, 0600002874; Vaughn and Treasurer Bracken County Board of Edu- Multi, 0800010508. Gateway Area Development District, Melton, 0700003454; Thurston Free- cation, 0800008071; Fleming County TRANSPORTATION CABINET: 0800008674; Martin County Fiscal man, 0700003588; URS Corporation, Board of Education, 0800008097; Trea- Lexington Fayette Urban County Court, 0800009193; Union County Fis- 0700003872; Quest Engineering In- surer Pike County Board of Education, Airport Board, 0800010579. cal Court, M-06038503-1; City of Frank- corporated, 0700004974; GRW Aerial 0800008423; Treasurer Bourbon County THE FOLLOWING MEMORANDA lin, M-06167797. Surveys Incorporated, 0800007048; Board of Education, 0800010131; Trea- OF AGREEMENT AMENDMENTS THE FOLLOWING PERSONAL SER- GRW Aerial Surveys Incorporated, surer Bourbon County Board of Educa- WERE REVIEWED WITHOUT OB- VICE CONTRACTS 0800007541; Hall Harmon Engineers tion, 0800010132; Kentucky Center JECTION: WERE SELECTED FOR FURTHER RE- Incorporated, C-04687770; Michael for the Arts, 0800010330; Treasurer CORRECTIONS, DEPARTMENT OF: VIEW: Baker Jr. Incorporated, C-05091322- Graves County Board of Education, First Judicial District Corrections AUDITOR OF PUBLIC ACCOUNTS, 4; Thurston Freeman, C-05501579-1; 0800010368; Treasurer Clinton County Board Incorporated, 0800009650; 3rd OFFICE OF THE: QK4, C-06071463; William L. Berkley, Board of Education, 0800010385; Trea- Judicial Circuit, 0800009694; 15th Ju- Morgan Franklin, LLC, 0800010415; C-06083833; Thomas Ray Garner, C- surer Harlan County Board of Education, dicial Circuit Community Corrections, Tichenor and Associates, 0800010419; 06083859; Lochner H W Incorporated 0800010386; Nicholas County Board of 0800009701; 17th Judicial Circuit Mountjoy and Bressler, LLP, 0800010420. Consulting, C-99005300-3. Education, 0800010387; Owen County Community Correctional Program In- Bob McBeath discussed the contracts THE FOLLOWING MEMORANDA Board of Education, 0800010388; Trea- corporated, 0800009703; 18th Judi- with the committee. A motion was made OF AGREEMENTS surer Elliott County Board of Educa- cial Circuit, 0800009704; 21st Judicial by Senator Carroll to consider the con- WERE REVIEWED WITHOUT OB- tion, 0800010423; Collaborative for Circuit Community Corrections Project tracts as reviewed. Representative Yonts JECTION: Teaching and Learning, 0800010465; Incorporated, 0800009705; Commu- seconded the motion, which passed CORRECTIONS, DEPARTMENT OF: Bourbon County Board of Education, nity Corrections-24th Judicial Circuit, unanimously. Council on Postsecondary Educa- 0800010482; Green River Regional Edu- 0800009706; 28th Judicial Circuit, DEPARTMENT FOR COMMUNITY tion, 0800010101; Breckinridge County cation, 0800010507; Kentucky Valley 0800009709; Knott Drug Abuse Coun- BASED SERVICES: Jail, 0800010424; Pike County Detention Education, 0800010547. cil Incorporated, 0800009711; 51st Ju- Family and Children First Incorpo- Center, 0800010429; Christian County FINANCE AND ADMINISTRATION dicial District Community Corrections rated, 0800010594. David Gayle, John Jail, 0800010431; Three Forks Regional CABINET: Commission, 0800009713; 56th Judicial Combs and Nelson Knight discussed the Jail, 0800010432; Daviess County De- Kentucky Retirement Systems, District Corrections Board Incorporat- contract with the committee. A motion tention Center, 0800010434; Hardin 0800010548. ed, 0800009715; Prosecutors Advisory was made by Senator Carroll to consider County Jail, 0800010436; Pike County INFRASTRUCTURE AUTHORITY: Council, 0800009717. the contract as reviewed. Representa- Detention Center, 0800010439; Powell City of Vicco, 0800010402; Perry DEPARTMENT FOR AGING & INDE- tive Yonts seconded the motion, which County Fiscal Court, 0800010445; Clark County Fiscal Court, 0800010408. PENDENT LIVING: passed unanimously. County Jail, 0800010446; Mason Coun- JUSTICE CABINET: Audubon Area Community Service UNIVERSITY OF KENTUCKY: ty Detention Center, 0800010447; Floyd Mental Health Associates of North- Incorporated, 0800007368. Preston-Osborne, K09157; Meridi- County Jail, 0800010448; Marion Coun- ern Kentucky, 0800010702; Seven Coun- EDUCATION PROFESSIONAL an Communications, K09158. Bill Harris, ty Jail, 0800010449; Kenton County De- ties Services, 0800010703. STANDARDS BOARD: Pete Gilbert and Julane Hamon discussed tention, 0800010452; Grayson County LIBRARIES & ARCHIVES, DEPART- Green River Regional Education, the contracts with the committee. A mo- Jailer, 0800010458; Hopkins County De- MENT FOR: 0700006705. tion was made by Representative Yonts tention Center, 0800010459. Laurel County Public Library, JUVENILE JUSTICE, DEPARTMENT to consider the contracts as reviewed. DEPARTMENT FOR MEDICAID SER- 0800009187; Morgan County Fiscal OF: Representative Crenshaw seconded the VICES: Court, 0800009189; Carroll County Daviess County, 0800008726; Har- motion, which passed unanimously. Kentucky Board of Nursing, Public Library, 0800009196; Clark Coun- din County Fiscal Court, 0800008739; KY HORSE RACING AUTHORITY: 0800010089. ty Public Library, 0800009770; Lawrence Lexington Fayette Urban County Gov- Stoll Keenon Ogden, PLLC, DEPARTMENT FOR MENTAL County Public Library, 0800009783. ernment, 0800008747; Louisville Metro 0800010572. John Forgy and F. Ryan HEALTH, DEVELOPMENTAL DISABILI- OFFICE OF THE GOVERNOR, DE- Human Service, 0800008748; McCracken Keith discussed the contract with the TIES & ADDICTION SERVICES: PARTMENT FOR LOCAL GOVERNMENT: County Fiscal Court, 0800008749; War- committee. A motion was made by Rep- Justice Cabinet Administrative Ser- City of Sacramento, 0800010005; ren County Fiscal Court, 0800008750. resentative Yonts to consider the con- vices, 0800010313. City of Prestonsburg, 0800010216; City OFFICE OF THE GOVERNOR, DE- tract as reviewed. Representative Keene DEPARTMENT FOR PUBLIC of Central City, 0800010253; City of PARTMENT FOR LOCAL GOVERNMENT: seconded the motion, which passed HEALTH: Powderly, 0800010254; Union County Pendleton County Fiscal Court, unanimously. Pathways Incorporated, Fiscal Court, 0800010372; Union County 0600001507; Jessamine County Fiscal TRANSPORTATION CABINET: 0800009952. Fiscal Court, 0800010376; City of Stur- Court, 0600001508; City of Covington, Vaughn & Melton, 0800010704; DEPARTMENT OF ENERGY DEVEL- gis, 0800010377; Perry County Board of 0600001635; Appalachian Industrial Charles Joseph Bird, 0800010706; OPMENT AND INDEPENDENCE: Education, 0800010378; Leslie County Authority Incorporated, 0600002503; Charles Joseph Bird, 0800010707; Ste-

52 2008 Interim LEGISLATIVE RECORD phen G. Raleigh, 0800010709. Steve the contracts with the committee. A tative Yonts to approve Minutes of the Services Incorporated, 10029; Compass Damron, Earl Gresham and Peggy Strat- motion was made by Senator Carroll October 14, 2008 meeting of the com- Knowledge Group, 10033. ton discussed the contracts with the to consider the contracts as reviewed. mittee. Senator Carroll seconded the mo- ECONOMIC DEVELOPMENT, CABI- committee. A motion was made by Sen- Senator Gibson seconded the motion, tion, which passed without objection. NET FOR: ator Carroll to consider the contracts as which passed with Senator McGaha vot- A motion was made by Representa- ROI Research on Investment, reviewed. Representative Crenshaw sec- ing NO. tive Yonts to consider as reviewed, the 0800010893. onded the motion, which passed with THE FOLLOWING MEMORANDA Additions List. Senator Tori seconded EDUCATION, DEPARTMENT OF: Senator Tori voting NO and Representa- OF AGREEMENT the motion, which passed without ob- Donna Tackett, 0800010732. tive Montell and Senator McGaha elect- WERE SELECTED FOR FURTHER RE- jection. FINANCE AND ADMINISTRATION ing to abstain (pass). VIEW: A motion was made by Representa- CABINET - DIVISION OF ENGINEERING: THE FOLLOWING PERSONAL SER- EDUCATION, DEPARTMENT OF: tive Yonts to consider as reviewed, the Murphy & Graves Architects, VICE CONTRACT AMENDMENTS Ashland Independent Board of Personal Service Contract List, with ex- 0800010718. WERE SELECTED FOR FURTHER RE- Education, 0800007300; Treasurer ception of those items selected for fur- FISH & WILDLIFE, DEPARTMENT VIEW: Clinton County Board of Education, ther review by members of the commit- OF: TRANSPORTATION CABINET: 0800010385; Treasurer Harlan Coun- tee. Senator Tori seconded the motion, American Bird Conservancy, Claude W. Galloway, Jr., ty Board of Education, 0800010386; which passed without objection. 0800010412. 0600001689; Thomas Ray Garner, Nicholas County Board of Education, A motion was made by Representa- HIGHER EDUCATION ASSISTANCE 0600002814; Baumgardner and As- 0800010387; Owen County Board of tive Yonts to consider as reviewed, the AUTHORITY, KENTUCKY: sociates, PSC, 0600002829T; Thurston Education, 0800010388. Nijel Clayton Personal Service Contract Amendment AKF Consulting, LLC, 0800010983. Freeman, 0700003588; Thurston Free- and Libby Taylor discussed the contracts List, with exception of those items se- JUSTICE CABINET: man, C-05501579; William L. Berkley, with the committee. A motion was made lected for further review by members of Sturgill Turner Barker & Moloney, C-06083833; Thomas Ray Garner, C- by Representative Yonts to consider the the committee. Senator Tori seconded PLLC, 0800010180; Trover Clinic, 06083859. Steve Damron, Earl Gresham contracts as reviewed. Representative the motion, which passed without ob- 0800010965. and Peggy Stratton discussed the con- Montell seconded the motion, which jection. JUVENILE JUSTICE, DEPARTMENT tracts with the committee. A motion was passed unanimously. A motion was made by Representa- OF: made by Senator Carroll to consider the EDUCATION, DEPARTMENT OF: tive Yonts to consider as reviewed, the Midwest Radiology, 0800010780. contracts as reviewed. Representative Kentucky Valley Education, Memoranda of Agreement List, with ex- KENTUCKY HOUSING CORPORA- Crenshaw seconded the motion, which 0800010547. Cherry Boyles and Karen ception of those items selected for fur- TION: passed with Senator Tori voting NO and Kidwell discussed the contract with ther review by members of the commit- Allgeier Company, 2009-19. Representative Montell and Senator Mc- the committee. A motion was made by tee. Senator Tori seconded the motion, KENTUCKY LOTTERY CORPORA- Gaha electing to abstain (pass). Representative Yonts to consider the which passed without objection. TION: TRANSPORTATION CABINET: contract as reviewed. Representative A motion was made by Representa- Paul Kramer, 0909007. Vaughn and Melton, 0700003454. Crenshaw seconded the motion, which tive Yonts to consider as reviewed, the KY HORSE RACING AUTHORITY: Mike Hill discussed the contract with the passed unanimously. Memoranda of Agreement Amendment Goldberg Simpson LLC, committee. A motion was made by Rep- With no further business before List, with exception of those items se- 0800010761. resentative Keene to consider the con- the committee, the meeting adjourned lected for further review by members of MILITARY AFFAIRS, DEPARTMENT tract as reviewed. Representative Yonts at 11:50 a.m. the committee. Senator Tori seconded OF: seconded the motion, which passed the motion, which passed without ob- Thomas P. Pendleton, Jr., unanimously. jection. 0800010770; Edgar Satch- FINANCE AND ADMINISTRATION GOVERNMENT CONTRACT THE FOLLOWING PERSONAL SER- well, 0800010771; Edward Hood CABINET - DIVISION OF ENGINEERING: REVIEW COMMITTEE VICE CONTRACTS WERE REVIEWED Drury, 0800010772; Lanny Walls, Bender Associates Architects, Committee Minutes WITHOUT OBJECTION: 0800010773. 0800007400. Paul Gannoe discussed November 12, 2008 AUDITOR OF PUBLIC ACCOUNTS, NORTHERN KENTUCKY UNIVER- the contract with the committee. A mo- The Government Contract Review OFFICE OF THE: SITY: tion was made by Representative Yonts Committee met on Wednesday, Novem- Potter & Company, LLP, Jeri Geisser, 2009-508; Penson to consider the contract as reviewed. ber 12, 2008, at 3:00 PM, in Room 171 of 0800010802. Associates, Incorporated, 2009-509; Representative Crenshaw seconded the the Capitol Annex. Representative Den- CRIMINAL JUSTICE TRAINING, DE- Penson Associates, Incorporated, 2009- motion, which passed unanimously. nis Keene, Chair, called the meeting to PARTMENT OF: 510. EDUCATIONAL TELEVISION, KEN- order, and the secretary called the roll. Brett Scott, 0800010933; Doug TRANSPORTATION CABINET: TUCKY: Present were: Senator Vernie Mc- Czor, 0800010941. Strand Associates Incorpora- Dow Lohnes and Albertson, Gaha, Co-Chair; Representative Dennis DEPARTMENT FOR AGING & INDE- tion, 0800010477; Williams Appraisal 0600001249. Bob Ball and Shanon Mag- Keene, Co-Chair; Senators Julian M. Car- PENDENT LIVING: Company, 0800010708; Lochmueller gard discussed the contract with the roll, Carroll Gibson, and Elizabeth Tori; Center for Comprehensive Services Bernardini, 0800010793; PB Ameri- committee. A motion was made by Rep- Representatives Jesse Crenshaw, Brad Incorporated, 0800010370. cas, Incorporated, 0800010794; HNTB resentative Yonts to consider the contract Montell, and Brent Yonts. DEPARTMENT FOR ENVIRONMEN- Corporation, 0800010812; J. Michael as reviewed. Senator Carroll seconded Members: Senator Vernie McGaha, TAL PROTECTION: Jones, 0800010818; R. J. Robinson, the motion, which passed unanimously. Co-Chair; Representative Dennis Keene, ACS Environmental Services, LLC, 0800010823; Strand Associates Incor- DEPARTMENT FOR ENVIRONMEN- Co-Chair; Senators Julian M. Carroll, 0800010337; T. A. G. Resource Recov- porated, 0800010829; Forward Edge As- TAL PROTECTION: Carroll Gibson, and Elizabeth Tori; Rep- ery, 0800010425. sociates, 0800010892. Corradino Group, C-04482541. resentatives Jesse Crenshaw, Brad Mon- DEPARTMENT FOR MENTAL TREASURER, OFFICE OF THE KEN- Danny Anderson discussed the contract tell, and Brent Yonts. HEALTH, DEVELOPMENTAL DISABILI- TUCKY STATE: with the committee. A motion was made Guests: Bob McBeath, Brian Lykins, TIES & ADDICTION SERVICES: Abandoned Property Experts, by Representative Yonts to consider the Tonia Wells, Phyllis Sosa, Carlton Shier, Day Group Kentucky LLC, 0800010074; PRA Government Services, contract as reviewed. Representative Holland Spade, Mary J. Celletti, Brenda 0800007421-1; Staff Care Incorporated, LLC d/b/a Revenue Discovery Systems, Crenshaw seconded the motion, which Sweatt, David Gayle, Virginia Carrington, 0800009391. 0800010076; Tichenor and Associ- passed unanimously. Jennifer Linton, Paul Gannoe, Mike Den- DEPARTMENT FOR PUBLIC ates, 0800010807; Verus Financial LLC, ney, Rick Kelley, Ralph Coldiron, Tandy HEALTH: 0800010808. THE FOLLOWING PERSONAL SER- Hubbard, Mike Hill, David Steele, Brad Health Kentucky, 0800010008; UNIVERSITY OF KENTUCKY: VICE CONTRACTS FOR $10,000 AND Stone, Don Newell, Kellie Wilson, and Norton Healthcare Incorporated, George E. McCormick, K09163. UNDER LIST WERE SELECTED FOR FUR- Amy Barnes. 0800010453. WESTERN KENTUCKY UNIVER- THER REVIEW: LRC Staff: Kim Eisner, Matt Ross, EASTERN KENTUCKY UNIVERSITY: SITY: EASTERN KENTUCKY UNIVERSITY: Brad Metcalfe, B.R. Masters and Marlene Gina Vega, Organizational Ergo- Multi, 080964; Jeffery Alan Smith, Sue Wylie, 10027; Johnson Training Rutherford. nomics, 10025; Huron Consulting Ser- 080966. Group, 10030. Charles Mullins discussed A motion was made by Represen- vices, LLC, 10028; Webb Management THE FOLLOWING PERSONAL SER-

THE KENTUCKY GENERAL ASSEMBLY 53 VICE AMENDMENTS WERE REVIEWED Expo, 0800010929; Mercer County Fair, VICES: Department of Military Affairs, WITHOUT OBJECTION: 0800010937. Louisville/Jefferson County Metro Youth Challenge Division, 0800008434. DEPARTMENT FOR COMMUNITY DEPARTMENT FOR NATURAL RE- Government, 0800006798. MILITARY AFFAIRS, DEPARTMENT BASED SERVICES: SOURCES: DEPARTMENT FOR MENTAL OF: Kentucky Head Start Association Multi, 0800010861. HEALTH, DEVELOPMENTAL DISABILI- City of Hopkinsville, 0600002636; Incorporated, 0800006984; Owl d/b/a DEPARTMENT FOR PUBLIC TIES & ADDICTION SERVICES: Shelbyville Municipal Water and Sewer Opportunity for Work and Learning, HEALTH: Owensboro Independent Board of Commission, 0700005949. 0800007565. Lincoln Trail Area Development Dis- Education, 0800006747; Warren County OFFICE OF THE GOVERNOR, DE- DEPARTMENT FOR NATURAL RE- trict, 0800010510. Public Schools, 0800006748; Four Rivers PARTMENT FOR LOCAL GOVERNMENT: SOURCES: DEPARTMENT OF ENERGY DEVEL- Behavioral Health, 0800008001; Penny- Eddyville Riverport & Ida, Stantec Consulting Company, OPMENT AND INDEPENDENCE: royal Mental Health, 0800008002; Green 0600002570; Mountain Water District, 0800009794. Powers Energy Two of Kentucky, River Regional Mental Health Mental Re- 0600002787; Mountain Water District, DEPARTMENT FOR PUBLIC LLC, 0800010174; Kentucky Highlands tardation Board, 0800008003; Lifeskills 0600002788; Mountain Water District, HEALTH: Investment Corporation, 0800010763. Incorporated, 0800008004; Com- 0600002928; Hart County Fiscal Court, Heuser Hearing Institute Incorpo- EDUCATION, DEPARTMENT OF: municare Incorporated, 0800008005; 0700003139; Henderson County Fis- rated, 0800009547. Treasurer Pike County Board of Edu- Seven Counties Services, 0800008006; cal Court, 0700003840; Henderson FINANCE AND ADMINISTRATION cation, 0800010629. Northern Kentucky Regional Men- County Fiscal Court, 0700003841; Lou- CABINET - DIVISION OF ENGINEERING: FISH & WILDLIFE, DEPARTMENT tal Health Mental Retardation Board, isville Metro Government, 0700004079; Ross Tarrant Architects Incorporat- OF: 0800008007; Comprehend Incorporated, City of Upton, 0700004092; City of ed, 0600002231; Paladin Incorporated, City of Warsaw, 0800010916. 0800008008; Pathways Incorporated, Elkton, 0700004476; City of Clark- 0700006242; Biohabitats Incorporated, INFRASTRUCTURE AUTHORITY: 0800008009; Mountain Comp Care Cen- son, 0700004608; City of Falmouth, C-04028197; Mactec Engineering and City of White Plains, 0800010315; ter, 0800008010; Kentucky River Com- 0700005664; City of Stanford, Consulting, C-04156214; Godsey As- City of Pikeville, 0800010373; City of munity Care, 0800008011; Cumberland 0700006460; Lee County Fiscal Court, sociates Architects Incorporated, C- Pikeville, 0800010427; Mountain Water River Mental Health Mental Retardation 0800007178; Martin County Fiscal 05190114-2; Myers Jolly Architects, C- District, 0800010483; Breathitt County Board Incorporated, 0800008012; Lake Court, 0800008792; Knott County Tour- 05199883-1. Fiscal Court, 0800010598. Cumberland Mental Health Mental Re- ism Commission, 0800010064; City of KENTUCKY LOTTERY CORPORA- JUSTICE CABINET: tardation Board, 0800008013; Bluegrass Jamestown, M-03467352-1. TION: Kentucky ASAP Black Patch Local Regional Mental Health Mental Retarda- THE FOLLOWING PERSONAL SER- Automatic Data Processing, Board, 0800010546; Comprehend Incor- tion, 0800008014. VICE CONTRACTS WERE SELECTED FOR 0901148. porated, 0800010890. DEPARTMENT OF ENERGY DEVEL- FURTHER REVIEW: NORTHERN KENTUCKY UNIVER- MURRAY STATE UNIVERSITY: OPMENT AND INDEPENDENCE: AUDITOR OF PUBLIC ACCOUNTS, SITY: Union County Board of Education, National Energy Education Devel- OFFICE OF THE: Multi, 2010447. 90509. opment Project, 0800009971. Potter & Company, LLP, 0800010802. OFFICE OF HOMELAND SECURITY: OFFICE OF THE GOVERNOR, DE- EDUCATION PROFESSIONAL Bob McBeath and Brian Lykins discussed Mountjoy & Bressler LLP, PARTMENT FOR LOCAL GOVERNMENT: STANDARDS BOARD: the contract with the committee. A mo- 0800008549. Floyd County Fiscal Court, Fayette County Public Schools, tion was made by Representative Yonts TRANSPORTATION CABINET: 0800010214; Muhlenberg County Fis- 0700006697; Oldham County Board of to consider the contract as reviewed. Berkley Appraisal Company, cal Court, 0800010255; Treasurer Haz- Education, 0700006700 Representative Carroll seconded the mo- 0600000957; GRW Engineers In- ard Independent Board of Education, . tion, which passed unanimously. corporated, 0600001533; George K. 0800010461; London Laurel County EDUCATION, DEPARTMENT OF: DEPARTMENT FOR AGING & INDE- Cox, 0600001684; URS Corporation, Ida, 0800010542; Martin County Fis- Metcalfe County Board of Educa- PENDENT LIVING: 0600001921; QK4, 0600002843; cal Court, 0800010600; Crittenden tion, 0800007906; Treasurer Fleming Center for Comprehensive Services TBE Group, 0600002884; APP- County Fiscal Court, 0800010637; City County Board of Education, 0800007908; Incorporated, 0800010370. Tonia Wells, CO Appraisal Service Incorporated, of Madisonville, 0800010694; Madison- Treasurer Bath County Board of Educa- Phyllis Sosa, and Carlton Shier discussed 0700003480; Berkley Appraisal Com- ville Community College, 0800010696; tion, 0800008065; Treasurer Bowling the contract with the committee. A mo- pany, 0700003498; URS Corporation, City of Irvine City Hall, 0800010717; Green Independent Board of Education, tion was made by Representative Yonts 0700005904; American Engineers In- Lawrence County Fiscal Court, 0800008067; Treasurer Boyd County to consider the contract as reviewed. corporated, C-00121732-3; Quest En- 0800010719; Lawrence County Fiscal Board of Education, 0800008068; Trea- Senator McGaha seconded the motion, gineering Incorporated, C-00256534-3; Court, 0800010722; Union County Fis- surer Boyle County Board of Education, which passed unanimously. Vaughn and Melton, C-01154275-2; cal Court, 0800010723; Fairview Inde- 0800008069; Treasurer Breathitt Coun- ECONOMIC DEVELOPMENT, CABI- Thurston Freeman, C-04083584-1; Dar- pendent Schools, 0800010724; Franklin ty Board of Education, 0800008072; NET FOR: val E. Rash, C-04084466-1; Thurston County Fiscal Court, 0800010790; Bell Casey County Board of Education, ROI Research on Investment, Freeman, C-04505640-1; William R. County Fiscal Court, 0800010870; Knox 0800008089; Treasurer Clinton County 0800010893. Holland Spade discussed Cox, C-04505644-1; Leigh Ann Dun- County Fiscal Court, 0800010871; Boyd Board of Education, 0800008093; Trea- the contract with the committee. A mo- can-Parkins, C-04572794-1; William County Public Schools, 0800010872; surer Danville Independent Board of Ed- tion was made by Representative Yonts R. Cox, C-04572811-1; Thurston Free- Floyd County Fiscal Court, 0800010906; ucation, 0800008095; Fleming County to consider the contract as reviewed. man, C-05060642-1; William R. Cox, C- Floyd County Fiscal Court, 0800010909; Board of Education, 0800008097; Trea- Senator Tori seconded the motion, which 05060845-1; Matriks Management, PSC, City of Hazard, 0800010930; City of surer Garrard County Board of Education, passed unanimously. C-05060925-2; QK4, C-05279989-1; Hazard, 0800010938; City of Hazard, 0800008098; Treasurer Henry Coun- TREASURER, OFFICE OF THE KEN- W & W Appraisals, C-05414285-1; 0800010939. ty Board of Education, 0800008113; TUCKY STATE: William R. Cox, C-05414378-1; William THE FOLLOWING MEMORANDA Hickman County Board of Education, Abandoned Property Experts, R. Cox, C-05498161-1; Gresham Smith OF AGREEMENT AMENDMENTS WERE 0800008116; Treasurer Hopkins Coun- 0800010074; PRA Government Ser- and Partners, C-06095496; American REVIEWED WITHOUT OBJECTION: ty Board of Education, 0800008118; vices, LLC d/b/a Revenue Discovery Sys- Engineers Incorporated, C-99005190-8; DEPARTMENT FOR AGING & INDE- Jackson County Board of Education, tems, 0800010076; Tichenor & Associ- HNTB Corporation, M-04498953. PENDENT LIVING: 0800008123; Logan County Board of ates, 0800010807; Verus Financial, LLC, THE FOLLOWING MEMORANDA Gateway Area Development Dis- Education, 0800008139; Treasurer Liv- 0800010808. Mary J. Celletti and Brenda OF AGREEMENTS WERE REVIEWED trict, 0800007369; Purchase Area Devel- ingston County Board of Education, Sweatt discussed the contracts with the WITHOUT OBJECTION: opment District, 0800007371; Big Sandy 0800008417; Martin County Board of committee. A motion was made by Rep- AGRICULTURE, DEPARTMENT OF: Area Development District, 0800007513; Education, 0800008418; Pulaski County resentative Yonts to consider the con- Gallatin County Fair, 0800010915; Kentucky River Area Development Dis- Board of Education, 0800008424; Trea- tracts as reviewed. Representative Mon- Green County Fair, 0800010917; Mur- trict, 0800007517; Barren River Area surer Raceland Worthington Indepen- tell seconded the motion, which passed ray Calloway County Fair, 0800010919; Development District, 0800007519. dent Board of Education, 0800008425. unanimously. Western Kentucky State Fair, DEPARTMENT FOR FAMILY RE- JUVENILE JUSTICE, DEPARTMENT THE FOLLOWING PERSONAL SER- 0800010920; Bell County Fair and SOURCE CENTERS & VOLUNTEER SER- OF: VICE CONTRACTS AMENDMENTS WERE

54 2008 Interim LEGISLATIVE RECORD SELECTED FOR FURTHER REVIEW: the motion, which passed unanimously. Martin, Vivian Niece, Betty Olson, Nancy the slate of legislative recommendations. DEPARTMENT FOR COMMUNITY OFFICE OF THE GOVERNOR, DE- Purvis, Lillian Rice, Jeane Robertson, Pat The subcommittee’s legislative recom- BASED SERVICES: PARTMENT FOR LOCAL GOVERNMENT: Sutton, Ernest Taylor, and Mary Trimble. mendations are as follows: OWL d/b/a Opportunity for Work Treasurer Hazard Independent LRC Staff: Miriam Fordham, Mike (1)Urge the 2009 General Assem- and Learning, 0800007565. David Gayle Board of Education, 0800010461. Kellie Bossick, and Cindy Smith. bly to increase funding by 20% to the and Virginia Carrington discussed the Wilson and Amy Barnes discussed the The Health and Human Services Sub- Department for Aging and Independent contract with the committee. A motion contract with the committee. A motion committee focused on two topics during Living to provide services to seniors and was made by Representative Crenshaw was made by Senator McGaha to con- its Thursday meeting: (1) a presentation continue to look for additional revenue to consider the contract as reviewed. sider the contract as reviewed. Senator on the Meals on Wheels program, pro- sources. Senator Carroll seconded the motion, Tori seconded the motion, which passed vided by Pat Dressman, Campbell Coun- (2)Urge support of the Area Agen- which passed unanimously. unanimously. ty Fiscal Court; Barbara Gordon, KIPDA; cies on Aging and Independent Living in FINANCE AND ADMINISTRATION THE FOLLOWING MEMORANDA and, Nancy Addington, Lincoln Trail the development of non-traditional ser- CABINET – DIVISION OF ENGINEER- OF AGREEMENTS FOR $50,000 AND ADD; and, (2) a presentation on housing vice delivery systems for meals and other ING: UNDER WAS SELECTED FOR FURTHER options for seniors, provided by Deborah services. Paladin Incorporated, 0700006242; REVIEW: Anderson, Commissioner, Department (3)Support legislation to establish Biohabitats Incorporated, C-04028197; OFFICE OF THE GOVERNOR, DE- for Aging and Independent Living. a certification process for personal care Mactec Engineering and Consulting, PARTMENT FOR LOCAL GOVERNMENT: Pat Dressman, Barbara Gordon, and services agencies. C-04156214. Jennifer Linton and Paul Floyd County Fiscal Court, Nancy Addington gave a presentation (4)Urge the 2009 General Assembly Gannoe discussed the contracts with the 0800010904. Kellie Wilson and Amy on the state’s home delivered meals pro- to significantly increase the tax on tobac- committee. A motion was made by Sen- Barnes discussed the contract with the gram for seniors. The Title III home de- co products to maintain current levels of ator McGaha to consider the contracts as committee. A motion was made by Rep- livered meals program is federally funded coverage of the Medicaid program and to reviewed. Representative Yonts seconded resentative Yonts to consider the con- while the Homecare meals program is improve the availability and accessibility the motion, which passed unanimously. tract as reviewed. Senator Tori seconded state funded. The meals program faces of health services to Kentuckians. KENTUCKY LOTTERY CORPORA- the motion, which passed unanimously. a number of issues including increas- TION: ENVIRONMENTAL AND PUBLIC ing food and transportation costs; a SPECIAL ADVISORY Automatic Data Processing, PROTECTION CABINET: decrease in volunteers to deliver meals; COMMISSION OF SENIOR 0901148. Mike Denney and Rick Kelley The following exemption requests regulatory and policy barriers; and, de- CITIZENS discussed the contract with the commit- were reviewed regarding Two Year Con- creased and stagnant funding. Overall, Subcommittee on Insurance tee. A motion was made by Representa- tracting Restrictions: the meals program is experiencing an Minutes of the 2nd Meeting tive Crenshaw to consider the contract Division of Abandoned Mine Lands increase in need and rising costs. For of the 2008 Interim as reviewed. Representative Yonts sec- Waterline Memoranda of Agreement example, for the first time the KIPDA re- November 6, 2008 onded the motion, which passed unani- Division of Water’s second phase of gion has a waiting list for its congregate The 2nd meeting of the Subcommit- mously. a Joint Funding Agreement with the U.S. meals program. tee on Insurance of the Special Advisory OFFICE OF HOMELAND SECURITY: Geological Survey The Senior Citizens Meal program Commission of Senior Citizens was held Mountjoy & Bressler, LLP, Nonpoint Source MOA in Northern Kentucky receives some on Thursday, November 6, 2008, at 2:30 0800008549. Ralph Coldiron and Tandy A motion was made by Senator local funding in addition to state and PM, at the Capital Plaza Hotel. Barbara Hubbard discussed the contract with the Gibson to approve the request to De- federal funding. The Northern Kentucky Germain, Chair, called the meeting to or- committee. A motion was made by Sen- cember 31, 2009. Representative Yonts program delivers hot DRI, frozen DRI, der, and the secretary called the roll. ator Carroll to consider the contract as seconded the motion, which passed and frozen non-DRI meals and contracts Present were: reviewed. Representative Crenshaw sec- unanimously. with Schwans Foods to deliver frozen Members: Barbara Germain, Chair; onded the motion, which passed unani- CABINET FOR HEALTH AND FAM- non-DRI meals. Savings could be real- Mary Barlow, Ruth Bryant, Velma mously. ILY SERVICES: ized in the program if more frozen meals Childers, Leon Dodge, Marsha Dufeck, TRANSPORTATION CABINET: An exemption request regarding all could be served. Forced by the loss of Bob Elliott, Ed Flanagan, Jane Fugate, URS Corporation, 0700005904. Local Health Department submissions of its meals provider, the Lincoln Trail ADD Denver Moore, Joy Payne, Clarence Rich- Mike Hill and David Steele discussed the Memoranda of Agreements and Amend- has implemented a new program that ardson, John Searcy, Clayton Shannon contract with the committee. A motion ments was reviewed. A motion was made delivers vacuum packed meals in bulk and Ken Willis. was made by Senator Carroll to consider by Representative Yonts to approve the through UPS to recipients. Several ar- Guests: D J Wasson and Jay Thomp- the contract as reviewed. Representa- request to December 31, 2009. Senator eas that need to be addressed for the fu- son, Department of Insurance; Angela tive Yonts seconded the motion, which Tori seconded the motion, which passed ture of the meals program are providing Zeke, Legal Aid of the Bluegrass; Marti passed unanimously. unanimously. flexibility for the AAAs and providers to Mountjoy, Branch Manager and Amanda THE FOLLOWING PERSONAL SER- With no further business before develop creative and cost effective solu- Enochs, Division of Quality Living, De- VICE CONTRACT FOR $10,000 AND the committee, the meeting adjourned tions; updating regulations; and, expand- partment of Aging and Independent Liv- UNDER WAS SELECTED FOR FURTHER at 4:40 p.m. ing bundled services and frozen meals to ing. REVIEW: meet unmet need. LRC Staff: Rhonda Franklin, Jamie FINANCIAL INCENTIVES, DEPART- Commissioner Deborah Anderson Griffin and Chad Collins. MENT OF: SPECIAL ADVISORY discussed housing options for seniors The minutes of the May 2, 2008, Stites and Harbison, 0800010652. COMMISSION OF SENIOR and the factors that should be consid- meeting were approved. Holland Spade discussed the contract CITIZENS ered in making housing decisions. In D J Wasson and Jay Thompson, De- with the committee. A motion was made Subcommittee on Health and Human order to make informed decisions, se- partment of Insurance, discussed long- by Representative Yonts to consider the Services niors should consider the likelihood of term care insurance and the impact of contract as reviewed. Senator McGaha November 6-7, 2008 moving more than once as they age and requiring insurers to offer return of pre- seconded the motion, which passed The Subcommittee meeting on their needs change; the types of housing mium on long term care policies. unanimously. Health and Human Services of the Spe- options available; personal factors; legal Angela Zeek, Bluegrass SHIP Co- THE FOLLOWING MEMORANDA cial Advisory Commission of Senior Citi- issues; and, the financial resources avail- ordinator, Legal Aid of the Bluegrass, OF AGREEMENTS WERE SELECTED FOR zens was held on Thursday, November able. The level of care needed by a senior gave the committee an overview of the FURTHER REVIEW: 6, 2008, and Friday, November 7, 2008 may determine what type of housing is Kentucky State Health Insurance Assis- DEPARTMENT OF ENERGY DEVEL- at the Capital Plaza Hotel in Frankfort. most appropriate. Options for housing tance Program (SHIP). She stated that OPMENT AND INDEPENDENCE: Edna Hawkins, Chair, called the meet- include home care; independent living SHIP was created in 1990 through the Powers Energy Two of Kentucky, ing to order, and the secretary called the and retirement communities; assisted Omnibus Budget Reconciliation Act and LLC, 0800010174. Brad Stone and Don roll. living; personal care homes; family care designed to assist Medicare Beneficiaries Newell discussed the contract with the Present were: homes; and, intermediate care facilities and individuals over the age of 60. She committee. A motion was made by Sen- Members: Edna Hawkins, Chair; and nursing homes. stated that it was originally called Ken- ator McGaha to consider the contract as Frances Baccus, Rebecca Baird, Carol During the session on Friday, the tucky Benefit Counseling, until 2000. She reviewed. Representative Yonts seconded Fausz, Betty Huff, Ray Kremer, Phillip subcommittee discussed and formulated stated that the intent was to strengthen

THE KENTUCKY GENERAL ASSEMBLY 55 the capability of states to provide all The presiding chair, Senator Gibson, questions from Representative Comer neering designs and permits, contrac- Medicare eligible individuals information, asked Mr. Roger Thomas, Executive Di- regarding two issues – the recent Allied tor selection and construction, practice counseling and assistance on health in- rector, Governor’s Office of Agricultural Food Marketers audit and a forgivable completion and inspection, and cost re- surance matters. It also provides sys- Policy (GOAP), to report on the projects loan granted in 2004 PIC USA Inc. imbursement. tems of referral to appropriate Federal considered for funding during the Oc- Representative Comer asked about Mr. Coleman told the committee and State departments or agencies that tober Agricultural Development Board the business dealings of Allied and that applications rose significantly from provide assistance with problems related (ADB) meeting. Accompanying him were whether the audit would lead to further 2007-2008 to 2008-2009, going from to health insurance coverage. She stated Mr. Joel Neaveill, Chief of Staff, and later conclusions. According to Mr. Thomas, 2,204 to 13,094. The speaker also dis- that they provide training twice a year during the meeting, Ms. Diane Fleming, responding to the representative, Allied cussed efforts by his agency to deal with for staff and volunteers. General Counsel. is still a registered company and did some watershed issues. The speaker updated Amanda Enochs, Division of Qual- Co-chair Gibson asked a series other marketing work similar to the work the committee on the status of the Ag- ity Living, Department of Aging and In- of questions related to two projects for the ADB. Mr. Thomas mentioned a riculture Water Quality Act and the cor- dependent Living, gave a brief overview – Foothills Products and Services Inc., University of Kentucky evaluation of the rective measures undertaken under the of the importance of the volunteer posi- and Johns Custom Meats LLC, two meat effectiveness of tobacco settlement fund law. tions with SHIP and how to access the processing companies. In its October investments in agriculture, agribusiness, Mr. Coleman discussed the progress program. meeting the ADB approved a total of and leadership since the inception of made by the Green River Conservation The Subcommittee adopted the fol- $498,500 in county grants and a loan the agricultural development program. Reserve Enhancement Program, which, lowing recommendations: from state funds for the Foothills project, Mr. Thomas said the study will show a in a decade, has resulted in $110 million -- Urge the General Assembly to but decided to allow only county grants return of $3.15 for every dollar invested in federal, state, and private funds going provide continuation funding at the totaling $20,000 for the Johns Custom in the agricultural diversification effort. toward environmental and conservation current level for Area Agencies on Ag- Meats project. Johns Custom Meats had He said it will also show the marketing work in the Green River area. He also ing to support Senior Programs due to received an earlier forgivable loan. and promotion by the Department of mentioned a smaller conservation proj- the current economic climate, but urge According to Mr. Thomas, respond- Agriculture through Kentucky Proud was ect, the Mill Branch stream restoration the General Assembly to increase much ing to a series of questions from the co- more successful than the Allied effort. project in Knox County. needed funding to at least 5% when the chair, Foothills, located in Wayne County, Mr. Thomas also responded to Committee members raised some economy improves. had participation from several people and questions from Representative Comer questions during the presentation. Mr. --Urge the General Assembly to re- the project would serve many farmers in regarding the status of a forgivable loan Coleman responded to Co-chair Gibson quire long-term care insurance carriers the area. According to Mr. Thomas, the granted in 2004 to PIC USA to construct that the programs have been funded to submit rate increases to the Attorney board wanted to wait to allow the for- a swine breeding facility in Allen County. mostly with tobacco settlement funds General, as well as the Office of Insur- givable loan requirements on the Johns Since that time, PIC moved its Kentucky and some Department of Agriculture ance, to allow intervention by the Attor- Custom Meats project to begin and then operations from Simpson County to Ten- funds in recent years. He indicated there ney General as needed. perhaps “tweak” the financial arrange- nessee. According to Mr. Thomas, a prior has been a “tremendous demand for --Urge the General Assembly to ment at that time. agreement required PIC USA to finan- funds by landowners,” but by leveraging continue to address the state employee During discussion, Co-chair Gibson cially support Kentucky Pork Producers state appropriations with federal funds, and other state supported retirement suggested that GOAP staff specify the and Kentucky Young Farmers’ annual they hope to still meet demand without system funding including insurance ben- employment opportunities that projects meetings as a part of the loan forgive- asking for added funds. efits. might create. ness credit. The firm will be repaying the Mr. Coleman discussed various --Urge the General Assembly to Regarding the Foothills project, Mr. obligation, minus the annual meeting fi- conservation environmental grants of- fund marketing efforts to advertise the Thomas said the board has been sup- nancial support, according to testimony. fered by the division, such as dead farm toll-free numbers for Kentucky Resource portive of small processing facilities that Mr. Thomas said he had met with a PIC animal disposal. Responding to Repre- Market. enable farmers to retail their products. official regarding the loan. Representa- sentative Rand, he said the Department Following the projects review, Ms. tive Comer asked about taking legal ac- of Agriculture has had to curtail its grant Fleming described some of the ways the tion against PIC USA. Mr. Thomas said funding to counties for dead animal re- TOBACCO SETTLEMENT GOAP is working to comply with rec- he would ask Ms. Fleming to review the moval. The Division of Conservation still AGREEMENT FUND ommendations contained in the recent contract to determine if there is any lee- offers individual grants, totaling a maxi- OVERSIGHT COMMITTEE Allied Food Marketers West audit. She way in that regard. mum of $7,500. He said the cost of dead Minutes mentioned creation of a financial dis- Next, the Co-chair Gibson called on farm animal removal is rising. Counties November 5, 2008 closure and conflict of interest state- Mr. Steve Coleman, Executive Director of provide some funding as well, according The 11th meeting of the Tobacco ment and an on-going review existing the Kentucky Division of Conservation, to Mr. Coleman. Also, he said they are Settlement Agreement Fund Oversight contracts. She also said GOAP project to address the committee regarding the working with the Department of Agricul- Committee was held on Wednesday, No- analysts will be following up on existing Soil Erosion and Water Quality Cost ture and the Office of State Veterinarian vember 5, 2008, at 10:00 AM, in Room projects through site visits. Share Program and the Environmental to foster alternatives to removing dead 129 of the Capitol Annex. Senator Car- Representative McKee compli- Stewardship Program, both largely fund- farm animals to rendering facilities, such roll Gibson, Chair, called the meeting to mented the agency for undertaking the ed with tobacco settlement revenues. as on-site disposal. order, and the secretary called the roll. changes and reviews. He also cautioned During his presentation, Mr. Cole- Responding to Representative Ad- Present were: the agency regarding forgivable loans. man spoke briefly about the history of ams, Mr. Coleman indicated funding for Members: Senator Carroll Gibson, According to the representative, GOAP the program, persons affected, the ad- tire pickup is seldom requested because Co-Chair; Representative Rick Rand, Co- officials should check the forgivable ministration of the program, and the pri- of a separate state tire disposal pro- Chair; Senator Charlie Borders; Represen- loans to assure that loan recipients are ority and criteria system used to grant gram. tatives Royce W. Adams, James R. Comer meeting their obligations. Mr. Thomas cost share funding. According to the re- The speaker responded to ques- Jr., Tom McKee, and Tommy Turner. said they agreed with that observation. port, funds are used to combat agricul- tions from Co-chair Gibson regarding the Guests: Roger Thomas, Joel Neaveill, On some other issues, Mr. Thomas tural pollution problems. Many types of scope of the Green River Conservation Diane Fleming, and Angela Blank, Gover- noted the United States Department of best management practices are empha- Reserve Enhancement Program, which nor’s Office of Agricultural Policy; Tim Agriculture had approved a disaster dec- sized. has funded improvements on 100,000 Hughes, Kentucky Agricultural Finance laration for 108 Kentucky counties af- Continuing, Mr. Coleman discussed acres of farmland in 14 counties. Mr. Corporation; and Steve Coleman, Ken- fected by drought and damaging winds funding for the programs. Tobacco set- Coleman indicated to the co-chair that tucky Division of Conservation. during the summer. He said a total of tlement moneys ranging from $9 to $11 there have been discussions regarded ex- LRC Staff: Lowell Atchley, Biff Bak- $11,114,135 had been authorized for million have been granted to the pro- panding the existing area of the program er, Tanya Monsanto, and Kelly Blevins. distribution under the Kentucky Agricul- grams since 2000. Several environmen- or undertaking similar programs in other Minutes of the October 1, 2008 tural Relief Effort. Further, discussions tal and conservation practices are eligible areas. He said the rules for granting fed- meeting were approved, without objec- were under way to expand the farmers’ for funding. According to Mr. Coleman’s eral funds have tightened. tion, by voice vote, upon a motion made markets to state grounds in addition to report, the application process consists In continuing discussion, Represen- by Representative Rand, seconded by the Capitol complex. of initial application and a site visit, an tative McKee recalled the work on House Senator Borders. Mr. Thomas also responded to some application ranking and approval, engi- Bill 611 in the 2000 session and dialogue

56 2008 Interim LEGISLATIVE RECORD regarding conservation. He observed servation needs remain and recently, change. the state. that the annual $9 million appropriation droughts and wind damage have impact- Representative Rand, who spon- Documents distributed during the forms the base for the soil erosion, water ed farmers. sored the original Water Quality Act, ob- committee meeting are available with quality, and environmental stewardship He said environmental problems served that land improvements brought meeting materials in the LRC Library. programs. for landowners are constantly chang- about by the environmental and conser- The meeting ended at approximate- Mr. Coleman indicated that con- ing. Also, farm operational approaches vation programs are evident throughout ly 11:15 a.m. 2009 Prefiled Bills

BR 12 - Senator Dorsey Ridley, Sen- to require the activity of the authority BR 24 - Representative Jimmy Hig- ator Jerry P. Rhoads (11/24/08) to be evaluated as a part of the six-year don (08/29/08) AN ACT relating to tax cred- road plan. its for hiring legally blind or severely AN ACT relating to public in- AN ACT relating to prima- disabled individuals. frastructure authorities. (Prefiled by the sponsor(s).) ries. Create a new section of KRS Establish KRS Chapter 175B Amend KRS 116.055 to per- Chapter 141 to create a community re- and create new sections thereof to BR 15 - Representative Jim Wayne mit a registered independent to vote in habilitation tax credit for the amount provide definitions; establish the Ken- (11/24/08) the primary of one party for each pri- paid to a nonprofit agency or work tucky Public Transportation Infra- mary; amend KRS 118.125 to provide center for work performed by indi- structure Authority; specify member- AN ACT relating to voting. that a primary candidate shall not be viduals who are legally blind or se- ship, meeting requirements, staffing, Amend KRS 117.085 to allow a registered independent; amend KRS verely disabled, define terms; amend and operations; state the purpose and voting before election day for care- 117.125 to provide that electronic vot- KRS 141.0205 to establish the order powers of the authority; direct the au- takers of voters who are scheduled to ing machines be reprogrammed to al- in which the credit shall be taken. thority to evaluate potential projects; have surgery that will require hospital- low a registered independent to vote require that projects be proposed by ization on election day. for a party’s candidates in a primary. (Prefiled by the sponsor(s).) a local government and approved by To: Interim Joint Committee the department; permit tolling, estab- (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) on Appropriations and Revenue lish requirements for level of tolling, To: Interim Joint Committee and direct how proceeds of tolls and BR 21 - Representative Melvin B. on State Government BR 34 - Senator Tom Buford other revenues shall be used; permit Henley (06/19/08) (07/17/08) the authority to contract with the de- BR 28 - Senator Gary Tapp, Senator AN ACT relating to dona- partment for construction and opera- AN ACT relating to voluntary Dan Seum (07/07/08) tions. tions; specify that the authority shall student expression of religious view- Create a new section of KRS maintain control of projects and reve- points in public schools. AN ACT relating to motor ve- 367.170 to 367.300 to require for prof- nues from projects; authorize projects Amend KRS 158.183 to per- hicles. it entities that collect donated items constructed by the authority to include mit students to voluntarily express Amend KRS 186.010 to de- for resale to affix a permanent sign on interchanges with existing roadways; religious viewpoints in school assign- fine “low-speed electric vehicle” and the collection bins that states that the permit the authority to issue admin- ments free from discrimination and or- amend the definition of “motor ve- collections are not charitable in nature istrative regulations; permit public ganize prayer groups, religious clubs, hicle” to include a low-speed electric and do not qualify for a charitable de- utilities to utilize rights-of-way under or other religious gatherings before, vehicle; create a new section of KRS duction, and that provide the name and specific circumstances; permit agree- during, and after school to the same Chapter 189 to allow the use of low- contact information for the entity; pro- ments for use of real estate assets of extent that students are permitted to speed electric vehicles on highways vide that a violation of this section is the authority by the Commonwealth; organize other noncurricular student with a posted speed limit of 45 miles an unlawful act under KRS 367.170; authorize issuance of bonds; provide activities and groups; create a new per hour or less; require low-speed provide that the provisions may be en- that bonds are not a debt of the Com- section of KRS Chapter 158 to require electric vehicles operated on a high- forced by the Attorney General or the monwealth; permit incidental use of each board of education to adopt and way to be insured in compliance with county attorney. rights-of-way for specified purposes; implement a policy regarding volun- KRS 304.39-080, titled in accordance authorize trust relationships; authorize tary student expression of religious with Chapter 186A, and registered as (Prefiled by the sponsor(s).) state agencies and localities to invest in viewpoints and to establish a limited a motor vehicle in accordance with To: Interim Joint Committee bonds; exempt bonds from state taxa- public forum for student speakers at KRS 186.050(3)(a); permit low-speed on Judiciary tion; allow the authority to contract all school events at which a student is electric vehicles to cross a roadway for provision of maintenance services; to publicly speak, including gradua- with a posted speed limit of more than BR 35 - Representative Ron Crimm direct that projects shall revert to own- tion; designate procedure for selection 45 miles per hour if the intersection is (11/17/08) ership by the Commonwealth when of student speakers; require subject of equipped with an electric traffic sig- all bonds are retired; require issuance speech to be relevant to event; require nal. AN ACT relating to the titling of an annual report, require an annual district disclaimer indicating nonen- and registration of mopeds. audit; prohibit officers and employ- dorsement of the content of voluntary (Prefiled by the sponsor(s).) Amend KRS 186A.010 to de- ees from directly investing in author- expressions by students. To: Interim Joint Committee fine “motor vehicle” for KRS Chapter ity bonds; indemnify board members on Transportation 186A to include mopeds; add mopeds and employees from personal liability; (Prefiled by the sponsor(s).) to the automatic motor vehicle titling authorize previous planning and other To: Interim Joint Committee BR 33 - Representative Jim Wayne, and registration system; amend KRS work to become a part of the function on Education Representative Charles Siler 186.010 to include mopeds in the defi- of the authority; amend KRS 176.420 (07/28/08) nition of “motor vehicle” as used in KRS 186.020 to 186.260 to provide

THE KENTUCKY GENERAL ASSEMBLY 57 for the registration of mopeds; specify with conventional diesel fuel and sold (Prefiled by the sponsor(s).) minimum cylinder capacity within the at retail without any penalty, fine, pun- To: Interim Joint Committee BR 56 - Representative Steve Riggs definition of “motorcycle”; amend ishment, or regulatory impediment; on Health and Welfare (09/02/08) KRS 186A.080 to remove title and and permit fuel ethanol-blended gaso- registration exemptions for mopeds; line to be freely mixed or co-mingled BR 45 - Senator Bob Leeper AN ACT relating to motor ve- amend KRS 186.050 to set the annual with unblended gasoline and sold at (10/10/08) hicles. registration fee for a moped; amend retail without any penalty, fine, pun- Amend KRS 186.010 to de- KRS 304-39.020 to include mopeds ishment, or regulatory impediment. AN ACT relating to nuclear fine “low-speed electric vehicle” and within the definition of “motor ve- power. amend the definition of “motor ve- hicle” for Subtitle 39 of KRS Chapter (Prefiled by the sponsor(s).) Amend KRS 278.600 to re- hicle” to include a low-speed electric 304. quire that nuclear power facilities have vehicle; amend definition of “motor- BR 41 - Representative Addia Wuch- a plan for the storage of nuclear waste cycle” to exclude vehicles that are 3- (Prefiled by the sponsor(s).) ner, Representative Tom Burch rather than a means for permanent dis- wheeled and meet all the requirements (07/30/08) posal; define “storage”; amend KRS of a low-speed electric vehicle; create BR 37 - Senator Katie Stine 278.610 to delete the requirement that a new section of KRS Chapter 189 to (06/19/08) AN ACT relating to physical the Public Service Commission cer- allow the use of low-speed electric ve- activity for children. tify the facility as having a means for hicles on highways with a posted speed AN ACT relating to the pro- Create a new section of KRS disposal of high-level nuclear waste; limit of 35 miles per hour or less; re- motion of physical activity in schools. Chapter 156 to require the Kentucky change all references to the disposal of quire low-speed electric vehicles op- Create a new section of KRS Department of education to identify nuclear waste to the storage of nuclear erated on a highway to be insured in 160 to require the Kentucky Depart- and disseminate model resources for waste; repeal KRS 278.605. compliance with KRS 304.39-080, ti- ment of Education to promulgate an integrating physical activity during tled in accordance with Chapter 186A, administrative regulation to require the school day; encourage schools to (Prefiled by the sponsor(s).) and registered as a motor vehicle in all public preschool to eighth grade utilize certified physical education accordance with KRS 186.050(3)(a); programs, no later than the 2009-2010 teachers in the development of physi- BR 49 - Representative Brent Yonts permit low-speed electric vehicles to school year, to implement 30 min- cal activity plans; develop a reporting (07/18/08) cross a roadway with a posted speed utes per day or 150 minutes per week mechanism for schools containing limit of more than 35 miles per hour of structured moderate-to-vigorous grades K-5 to report on results of phys- AN ACT relating to clerks of if the intersection is equipped with an physical activity in a minimum of 10 ical activity and wellness programs; the circuit court. electric traffic signal. minute intervals incorporated into the require the Department of Education Amend KRS 30A.010 to re- school day; permit the physical activity to report no later than November 1 of quire that the salary of a clerk of the (Prefiled by the sponsor(s).) to include a combination of classroom- each year to the Interim Joint Commit- circuit court be set according to the To: Interim Joint Committee based physical activity, structured re- tee on Education and the Interim Joint salary schedule used for local officials on Transportation cess, or other structured physical ac- Committee on Health and Welfare; in KRS 64.5275; delay the salary pro- tivities; require the Kentucky Board amend KRS 160.345 to require that visions until July 1, 2010. BR 57 - Representative Darryl T. of Education to promulgate adminis- school council wellness policies pro- Owens (10/08/08) trative regulations to implement the vide for at least 30 minutes of struc- (Prefiled by the sponsor(s).) physical activity requirement; amend tured moderate to vigorous physical To: Interim Joint Committee AN ACT relating to paternity. KRS 160.345 to conform. activity, 150 minutes per week or the on Judiciary Amend KRS 406.011, to es- equivalent per month; require school tablish that the presumption of pater- (Prefiled by the sponsor(s).) councils to report progress data; re- BR 55 - Representative Ted Ed- nity is a rebuttable presumption, to To: Interim Joint Committee quire that structured physical activity monds (11/24/08) update the evidentiary language, and on Education be considered part of the instructional permit an evidentiary showing that day; prohibit exclusion from structured AN ACT relating to the titling a man other than the husband is the BR 38 - Senator Joey Pendleton physical activity as a form of disci- of all-terrrain vehicles. father of the child to prove the child (10/09/08) pline; encourage schools with grades Create a new section of KRS was born out of wedlock; amend KRS 6-8 to adopt similar policies; amend Chapter 186A to require the titling of 406.021, to clarify how paternity may AN ACT relating to fuel etha- KRS 158.6453 to require inclusion of all-terrain vehicles to be administered be determined, to add references to nol-blended gasoline. physical activity and wellness data in through the automated motor vehicle Family Court, and to permit either Create new section of KRS school report card; create the Healthy and titling registration system; estab- parent to petition the court for a par- 363.900 to 363.908 to define terms; Kids Act. lish that procedures for titling all-ter- entage determination; amend KRS require that all fuel terminals that sell rain vehicles be consistent with motor 406.035, relating to written paternity gasoline in Kentucky offer for sale, (Prefiled by the sponsor(s).) vehicle titling; establish guidelines for orders, to include references to Family in cooperation with position holders To: Interim Joint Committee promulgation of regulations relating Court judges; amend KRS 406.051 to and suppliers, fuel ethanol-blended on Education to titling of all-terrain vehicles; ensure include references to Family Court and gasoline, fuel ethanol, and unblended the capability of receiving and dis- clarify how an appeal is to be made; gasoline; provide that terminals that BR 42 - Representative Melvin B. charging liens; amend KRS 186A.070 amend KRS 406.151, to include the only offer for sale federal reformulat- Henley (08/05/08) to require any state resident who pur- county where the child resides as an ed gasolines shall be exempt from the chases a new all-terrain vehicle or cre- appropriate venue in paternity cases. requirement to offer for sale unblend- AN ACT relating to substance ates a security interest in an all-terrain ed gasoline; permit all fuel retail fa- abuse screening pilot programs for vehicle after January 1, 2010, to ap- (Prefiled by the sponsor(s).) cilities, wholesalers, distributors, and public assistance recipients. ply for a certificate of title; prohibit marketers to purchase ethanol from Amend KRS 205.200 to cre- the operation of an all-terrain vehicle BR 60 - Representative Ron Crimm any terminal, position holder, fuel eth- ate two pilot substance abuse screen- on the roadway, except as provided by (09/04/08) anol producer, fuel ethanol wholesaler, ing programs for recipients of public KRS 189.515. or supplier; permit biodiesel-blended assistance. AN ACT relating to domestic fuel to be freely mixed or co-mingled (Prefiled by the sponsor(s).) relations and declaring an emergency.

58 2008 Interim LEGISLATIVE RECORD Amend KRS 403.200, relat- AN ACT relating to jury ser- Lottery Corporation; limit the number from the conduct of video lottery ing to temporary orders, to permit a vice. of video lottery terminals to 25 at any games are expended; cap the amount court to provide for wage assignment Amend KRS 29A.010, relat- one premises unless the premises is the corporation may spend on admin- and automatic electronic transfer of ing to jury service, to define “calendar a racetrack or a qualifying hotel; set istrative and operating expenses to no funds for payment of spousal mainte- day”; amend KRS 29A.130, relating qualifying hotels as those within five more than seven percent of net termi- nance; amend KRS 403.270, relating to limitations on jury service, to in- miles of a convention center or facil- nal income; pay the lesser of 0.25% to custodial issues, to add the promo- crease the interval between eligibility ity that seats 2,000 or more people; or $2,000,000 to the compulsive gam- tion of a healthy relationship between for jury service from 24 months to five allow these hotels to operate up to 75 blers’ assistance fund, and the lesser of the child and other custodian or par- years; change “court days” to “calen- video lottery terminals; establish that 0.4% or $3,000,000 to develop testing ent as a factor for the consideration of dar days” with regard to 30 days of the three types of video lottery ter- methods to detect growth hormones awarding custody of children; amend service being required. minal allocation are racetracks, uni- and performance-enhancing or illegal KRS 530.050, relating to nonsupport form county allotment, and county drugs in racehorses; allot the lesser of and flagrant nonsupport, to add spouse (Prefiled by the sponsor(s).) allotment based on population; limit 0.3% or $3,000,000 of the net termi- and former spouse; EMERGENCY. To: Interim Joint Committee racetrack allocation to a set formula, nal income from racetracks to conduct on Judiciary uniform county allotment to 50 per post-race testing of racehorses for il- (Prefiled by the sponsor(s).) county, and a total county population legal drugs; devote remaining mon- To: Interim Joint Committee BR 69 - Senator Ray S. Jones II allotment to 6,000 video lottery ter- eys to education, Medicaid matches, on Judiciary (08/21/08) minals distributed to the counties pro- prescription drug program for seniors, portionate to population; establish the equine industry program, video lot- BR 61 - Senator Ray S. Jones II AN ACT relating to the civil duties and responsibilities of the cor- tery retailers, budget reserve fund, (08/21/08) rights of deaf and hard of hearing per- poration, its agents, and its employ- and county governments where video sons. ees; prohibit ex parte communications lottery games are located; require the AN ACT relating to driving Amend KRS 163.510 to require between lottery board members and Auditor of Public Accounts to conduct under the influence. the Commission on the Deaf and Hard contract holders, licensees, and ap- an annual audit of the corporation’s Amend KRS 189A.010 to es- of Hearing to advise the Commission plicants for such contracts or licenses; disbursements and expenditures; cre- tablish a per se violation of the DUI on Human Rights on adequate tech- allocate a base number of 500 video ate a committee to conduct a study on statute if the driver has at least a cer- nological means of providing closed lottery terminals to each licensed video lottery games operating in the tain amount of a controlled substance captioning for motion picture theaters; racetrack; grant additional video lot- state and their impact on the economy; in the blood; create a defense if the amend KRS 344.130 to require movie tery terminals to each track based on indicate the committee’s membership; person took the controlled substance theaters with five or more screens to the number of days of live racing held direct each county to conduct a local in compliance with a valid prescrip- provide closed captioning for deaf and at the track; set additional allotment option election on video lottery termi- tion; reduce the required alcohol hard of hearing persons; amend KRS at 15 video lottery terminals for each nals at the next general election that concentration for an aggravating cir- 344.190 to require the Commission on race day run beyond 30 and up to 50 occurs more than 90 days after video cumstance from 0.18 to 0.15; amend Human Rights to review and approve race days, with an additional 10 video lottery terminals are authorized gener- KRS 189A.105 to lower the alcohol available closed captioning technolo- lottery terminals for each race day be- ally; allow for subsequent elections on percentage from 0.18 to 0.15 for in- gies and set the minimum numbers of yond 50 race days; prohibit operation the issue after at least three years have creased penalties; amend various other closed captioned showings of a movie of video lottery terminals on race days passed since the last referendum; make statutes to conform. which must be offered at each covered at the track where the live racing is be- racetrack employee collective bargain- theater. ing conducted from 30 minutes before ing agreements for nonsupervisory (Prefiled by the sponsor(s).) the post time of the first race of the day employees applicable to the track’s To: Interim Joint Committee (Prefiled by the sponsor(s).) until after the last race of the day has video lottery terminal employees; on Judiciary To: Interim Joint Committee been run; allow a track to lease its ma- generate a list by which undesirables on Judiciary chines to another track located in the may be ejected or excluded from any BR 63 - Representative Brent Yonts same county; require tracks to run the premises where video lottery games (11/13/08) BR 73 - Representative Tom Burch same number of race days as in 2008 are being conducted; set out criteria to (10/15/08) to remain eligible for video lottery ter- be used in making a determination as AN ACT relating to high minals, with exemptions for extreme to whether or not such persons should school newspapers. AN ACT relating to video lot- circumstances; prohibit any person be excluded or ejected; allow an indi- Create a new section of KRS tery terminals, making an appropria- less than 21 years of age from being vidual to have himself or herself vol- Chapter 160 to provide that public high tion therefor, and declaring an emer- on the premises or any portion of the untarily added to the exclusion list; school student journalists have right to gency. premises where video lottery games require the commission to notify a per- exercise freedom of speech and press Create new sections of KRS are conducted; establish qualifications son placed on the exclusion or ejection in school-sponsored media; direct that Chapter 154A to establish video lot- and responsibilities of video lottery list; establish a procedure by which a student journalists are responsible for tery terminals at licensed racetracks retailers and licensees; list grounds by person ejected or excluded may appeal determining content of school-spon- and in each county that authorizes which a video lottery retailer or ap- the decision to eject him or her; define sored media; provide limitations for video lottery terminals by a vote of the plicant may have his or her contract the term “cheat” and establish penal- content determined by high school people of the county; direct the Lot- rescinded, revoked, suspended, or not ties for persons who cheat; create the students; provide that school boards tery Corporation to purchase any vid- renewed; permit the corporation to is- compulsive gamblers assistance fund; are immune from civil and criminal li- eo lottery terminals utilized in Ken- sue temporary licenses; prohibit the determine how expenditures from the ability based on student expression in tucky; require that persons wishing to transfer of licenses without obtaining compulsive gamblers assistance fund school-sponsored media; require local operate video lottery games allotted prior approval from the corporation; will be utilized; require the commis- board adoption of student freedom of to counties obtain a contract from the create an exemption to allow facilities sion to prepare an annual report de- expression policy. Lottery Corporation after having ac- developed for video lottery gaming tailing activities and expenditures of quired prior approval from the local activities to be considered permitted the compulsive gamblers assistance BR 68 - Representative Ron Crimm governing board where the terminals uses for zoning purposes; maintain fund; encourage video lottery retailers (08/12/08) will be located; place the oversight of other applicable zoning and building to cooperate with local business and the games under the jurisdiction of the codes; specify how the moneys earned community organizations to stimulate

THE KENTUCKY GENERAL ASSEMBLY 59 the economy through tourism; make on Appropriations and Revenue space availability; require the Depart- through advance deposit wagering, the Lottery Corporation’s board mem- ment of Parks to promulgate adminis- and all other sources in the host track bers, executive director, and employ- BR 78 - Representative Jim Gooch trative regulations relating to the proof wagering pool; indicate that the report ees subject to the executive branch Jr., Representative Hubert Collins of eligibility for persons entitled to the should also list how all wagering mon- code of ethics; amend KRS 154A.010; (09/05/08) exemption. eys retained by the track are credited 154A.030, 154A.040, 154A.050, to be paid to the state, the horsemen’s 154A.060, 154A.063, 154A.070, AN ACT relating to motor ve- (Prefiled by the sponsor(s).) purse account, the relevant horse de- 154A.080, 154A.090, 154A.110, hicle license plates. To: Interim Joint Committee velopment fund, and the track itself; 154A.130, 154A.400, 154A.420, Create a new section of KRS on Seniors, Veterans, Military Affairs, direct that the Kentucky Horse Racing 154A.650, 230.357, 230.550, 243.500, Chapter 186 to establish an In God and Public Protection Authority promulgate administrative 243.505, 525.090, 528.010, 528.100, We Trust license plate as an alternate regulations to mandate submission 154A.990, and 15.380 to conform; standard issue license plate; set forth BR 84 - Representative Jimmy Hig- of a report to the authority any time EMERGENCY. design characteristics and eligibil- don (08/29/08) a racehorse, while training or racing ity standards; amend KRS 186.240 in Kentucky, incurs a catastrophic, (Prefiled by the sponsor(s).) to conform; EFFECTIVE January 1, AN ACT relating to jurisdic- race-career ending injury or an injury 2010. tional limits for Kentucky courts. requiring surgery; indicate that sepa- BR 74 - Representative Jim DeC- Amend KRS 24A.230 and rate reports are to be filed by the prem- esare (08/01/08) (Prefiled by the sponsor(s).) 24A.290 to increase the jurisdictional ises where the injury occurred, the at- To: Interim Joint Committee limit of the small claims division of the tending veterinarian, and the horse’s AN ACT relating to writing on Transportation District Court from $1,500 to $3,000 trainer; disclose on the report whether portfolios. for both claims and counterclaims. the horse has ever been given growth Amend KRS 158.6453 to re- BR 79 - Representative Jimmy Hig- hormones or anabolic steroids, corti- move writing portfolios from the state- don (08/29/08) (Prefiled by the sponsor(s).) costeroids within 10 days of the injury, wide CATS assessment program for To: Interim Joint Committee any mental or physical changing med- elementary school students; require AN ACT relating to auto- on Judiciary ications within 30 days of the injury, elementary schools to use writing mated or recorded political telephone or had any corrective surgery or other portfolios as an instructional tool for messages. BR 90 - Representative Bill Farmer techniques that could have altered the continuous assessment of students. Create a new section of KRS (11/21/08) horse from its natural birth configu- Chapter 367 to prohibit use of auto- ration; make reports available to the (Prefiled by the sponsor(s).) mated calling equipment or recorded AN ACT relating to taxation. public upon request; penalize failure To: Interim Joint Committee political telephone messages from or Amend various sections of to report with a $500 fine for the first on Education by a political party or campaign; make KRS Chapter 139 to expand the sales offense and a six-month license sus- use of such equipment for communi- and use tax base to include certain ser- pension for each subsequent offense. BR 75 - Representative Jim DeCe- cating political messages by a political vices and rental of commercial real sare, Senator Bob Leeper (08/01/08) party or campaign a Class B misde- estate, repeal certain exemptions, and (Prefiled by the sponsor(s).) meanor; provide that each prohibited lower the tax rate; create a new section To: Interim Joint Committee AN ACT relating to account- automated call or recorded political of KRS Chapter 141 to apply the pro- on Licensing and Occupations ing for the expenditure of state funds. message shall be punishable by a civil visions of that chapter to taxable years Create new sections of KRS penalty of not less than $5,000; pro- beginning before January 1, 2010; BR 103 - Representative Mary Lou Chapter 42 to require the Finance vide that an injured person may bring amend KRS 141.020, 141.040, and Marzian (10/15/08) and Administration Cabinet to create a cause of action for damages up to the 141.0401 to make the individual in- a searchable Web site to provide cer- amount of actual damages or $1,000 come tax, corporation income tax, and AN ACT relating to the expan- tain information on the expenditure of whichever is greater. the limited liability entity tax effective sion of the film industry in Kentucky. state funds; provide that the new sec- for taxable years beginning before Create new sections of KRS tions shall be known as the “Taxpayer (Prefiled by the sponsor(s).) January 1, 2010; amend KRS 138.358 Chapter 148 to provide individual Transparency Act of 2009.” To: Interim Joint Committee and 139.260 to conform; repeal KRS income tax, corporation income tax, on State Government 139.485 and 139.486; EFFECTIVE limited liability entity tax, and sales (Prefiled by the sponsor(s).) July 1, 2009. tax incentives for locating a film pro- To: Interim Joint Committee BR 82 - Representative Charles duction facility in Kentucky or filming on State Government Siler (08/29/08) (Prefiled by the sponsor(s).) or producing a motion picture produc- tion in Kentucky; define terms; estab- BR 76 - Representative Jim DeC- AN ACT relating to Kentucky BR 94 - Representative Tom Burch lish qualifications including minimum esare (08/01/08) State Parks. (09/04/08) capital investment and minimum Create a new section of KRS qualifying expenditures and minimum AN ACT relating to a legisla- Chapter 148 to provide qualified Ken- AN ACT relating to horse rac- qualifying payroll expenditures, ap- tive time-out prior to voting on a floor tucky residents who are permanently ing. plication and reporting requirements; amendment or a free conference report and totally disabled veterans an ex- Amend KRS 230.260 to re- require the Kentucky Film Office to related to an appropriation measure or emption from the relevant overnight quire the Kentucky Horse Racing administer the incentive program; au- a revenue measure. accommodations rate at any Kentucky Authority to promulgate administra- thorize the Kentucky Film Office to Create a new section of KRS State Park, Sunday through Thursday tive regulations compelling racetracks enter into a film industry tax incentive Chapter 6 to require a legislative time- of each week; require the exemption to report to the authority and to the agreement; authorize the promulgation out period of 24 hours prior to a vote to apply to a maximum of three over- horsemen’s associations their daily of administrative regulations by the on an appropriation or revenue bill or night stays per calendar year at lodge on-track attendance and the daily on- Kentucky Film Office and the Depart- amendment. rooms and campsites at any Kentucky track and off-track handle within 24 ment of Revenue; create a new section State Park; limit reservations during hours after the last race on the day in of KRS 141 to create a motion picture (Prefiled by the sponsor(s).) peak months to ten consecutive days; question; state that the report is to list film production nonrefundable income To: Interim Joint Committee require the exemption to be subject to moneys wagered on-track, off-track, tax credit for the construction of a new

60 2008 Interim LEGISLATIVE RECORD film production facility or the renova- (Prefiled by the sponsor(s).) American prisoners of war and those tion of an existing structure to become To: Interim Joint Committee missing in action. (Prefiled by the sponsor(s).) a film production facility and amo- on Transportation Urge Congress to appoint an tion picture production that is filmed independent counsel to investigate the BR 162 - Representative Brent or produced in Kentucky against the BR 123 - Representative Brent Yonts issue of American prisoners of war Yonts, Representative Jody Rich- tax imposed under KRS 141.020 or (11/18/08) and those missing in action. ards (09/26/08) 141.040 and KRS 141.0401 for taxable periods beginning after December 31, AN ACT relating to allowable (Prefiled by the sponsor(s).) A JOINT RESOLUTION re- 2008; allow credit to be carried for- uses of personal information obtained storing the salary of the Legislative ward 5 years; amend KRS 141.0205 to under the Driver Privacy Protection BR 143 - Representative Bill Farm- Research Commission Director to an establish the order in which the credits Act. er (11/12/08) acceptable level. may be taken; amend KRS 139.538 Create a new section of KRS Express sense of General As- to provide refund of the sales and use Chapter 186 to clarify that a business AN ACT relating to campaign sembly regarding salary increase for tax paid on the purchase of tangible that obtains information from a driv- finance reports. director of Legislative Research Com- personal property that is permanently er’s license or personal ID card, shall Amend KRS 121.180, relating mission; rescind Legislative Research incorporated into a film production fa- not retain or use the information ob- to campaign finance reports, to allow a Commission action giving salary in- cility or is used to initially equip the tained from the driver record; set fine filer to designate an entry reading “No crease to director; set salary at level of film production facility; provide for for violation. change since last report” if the filer position on August 31, 2008; require a refund of the sales and use tax paid has received or spent nothing since the director to repay any increase in sal- by an approved company on qualify- (Prefiled by the sponsor(s).) date of the filer’s last report; if entry is ary; RETROACTIVE. ing expenditures if used in the filming designated, require the filer to specify or production of a motion picture pro- BR 134 - Representative David only the balance carried forward from (Prefiled by the sponsor(s).) duction in Kentucky. Floyd (10/31/08) the last report. BR 163 - Representative Brent (Prefiled by the sponsor(s).) AN ACT relating to motor ve- (Prefiled by the sponsor(s).) Yonts, Representative Jody Rich- hicle operator’s licenses. ards, Representative Dottie Sims BR 106 - Representative Sal Santoro Create a new section of KRS BR 147 - Representative Tanya Pul- (09/26/08) (10/10/08) 186.400 to 186.650 to exempt 17- lin, Representative Scott W. Brink- year olds who have enlisted in the man (09/16/08) A RESOLUTION urging the AN ACT relating to noncom- military from the requirement to ob- Legislative Research Commission Di- mercial swimming pools. tain an intermediate license; amend AN ACT relating to income rector to reject his salary increase. Amend KRS 67.083 to allow KRS 186.412, 186.450, 186.452, and tax credits for small businesses. Express sense of House re- counties to regulate above-ground 186.454 to conform and to clarify that Create new sections of KRS garding salary increase for director noncommercial pools. individuals over the age of 18 are ex- Chapters 141 and 154; amend KRS of Legislative Research Commission; empt from graduated driver’s licens- 141.0205 to establish a small business urge director to reject salary increase, (Prefiled by the sponsor(s).) ing provisions. tax credit. agree to a cost of living increase of 1%, and repay any salary increase received BR 109 - Representative Kevin D. (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) as a result of the LRC’s September 24, Bratcher (09/23/08) To: Interim Joint Committee 2008 vote. BR 135 - Representative David on Appropriations and Revenue AN ACT relating to postsec- Floyd (11/07/08) (Prefiled by the sponsor(s).) ondary education finance. BR 149 - Representative Stan Lee Amend KRS 164.7874 and AN ACT relating to the opera- (10/30/08) BR 175 - Representative Mary Lou 164.7883 to clarify that an approved tion of a motor vehicle. Marzian (10/21/08) out-of-state institution at which eli- Create a new section AN ACT relating to sexual of- gible students may use KEES scholar- of KRS 189 to define terms; prohibit fenders. AN ACT relating to wage dis- ships must be located in a state contig- the use of a personal communication Amend KRS 17.545 to pro- crimination. uous to Kentucky or be a participant in device without the use of a hands-free hibit a person required to register as Amend KRS 337.423 to pro- the Academic Common Market agree- device by the operator of a motor ve- a sexual offender, for an offense com- hibit wage discrimination on the ba- ment. hicle, and provide limited exceptions; mitted against a victim who was a mi- sis of sex, race, or national origin by amend KRS 189.990 to provide for nor, from residing in specified areas prohibiting wage differentials for (Prefiled by the sponsor(s).) period ending January 1, 2010 during and from participating in any Hallow- employees who perform equivalent which courtesy warnings will be is- een activity with a minor. jobs; provide exceptions for wage dif- BR 120 - Representative Rick G. sued for a violation of Section 1 and ferentials based on seniority or merit Nelson (09/15/08) set a fine of between $20 and $100 (Prefiled by the sponsor(s).) systems, systems that measure wages for a violation of Section 1 on or after by quantity or quality of production, AN ACT relating to motor ve- January 1, 2010. BR 158 - Representative Robert R. and factors other than sex, race, or na- hicle license plates. Damron (11/24/08) tional origin; amend KRS 337.420 to Create a new section of KRS (Prefiled by the sponsor(s).) define equivalent jobs as those that are Chapter 186 to establish an “In God AN ACT relating to Kentucky equal under the federal Equal Pay Act, We Trust” license plate as an alternate BR 142 - Senator Dan Seum Access. or jobs that are dissimilar but equiva- standard issue license plate; set forth (09/26/08) Amend KRS 304.17B-015 to lent in skill, effort, responsibility, and design characteristics and eligibil- require Kentucky residency for eligi- working conditions; and amend KRS ity standards; amend KRS 186.240 A CONCURRENT RESO- bility in Kentucky Access and to pro- 337.425 to require promulgation of to conform; EFFECTIVE January 1, LUTION urging the United States vide that an individual who is eligible administrative regulations on or before 2010. Congress to appoint an independent under another group health plan is not July 1, 2010 to specify criteria for de- counsel to investigate the issue of eligible for Kentucky Access. termining jobs that are dominated by

THE KENTUCKY GENERAL ASSEMBLY 61 employees of a particular sex, race, or AN ACT relating to the provi- national origin, and acceptable meth- BR 180 - Senator Jack Westwood sion of county offices. BR 202 - Representative Ron Weston odology for determining equivalent (10/08/08) Amend KRS 67.035 to allow (11/25/08) skill, effort, responsibility, and work- the sheriff and county clerk, in certain ing conditions; EFFECTIVE July 1, AN ACT amending 2008 counties, to maintain offices in cities AN ACT relating to coroners. 2011. Kentucky Acts Chapter 127, relating other than the county seat; amend KRS Amend KRS 72.450 to allow to corrections, and declaring an emer- 132.410 to allow the PVA, in certain a coroner in any county containing a (Prefiled by the sponsor(s).) gency. counties, to maintain offices in cit- consolidated local government who is Amend 2008 Kentucky Acts ies other than the county seat; amend in possession of a body to elect to cre- BR 176 - Representative Mary Lou Chapter 127, the state/executive KRS 133.047 to conform. mate a body in lieu of burial. Marzian (10/28/08) branch budget bill, to delete language pertaining to the calculation of proba- (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) AN ACT relating to boards tion and parole credit and to the mini- and commissions. mum expiration of sentence required BR 195 - Representative Tommy BR 204 - Representative Dennis Amend KRS 12.070 to allow for final discharge of prisoners;- in Thompson (11/03/08) Keene (10/22/08) the Governor, when appointments to clude noncodified provision relating boards and commissions are made to the effect of the bill’s provisions AN ACT relating to the expan- AN ACT relating to live organ from lists submitted to him, to appoint after the bill’s effective date; EMER- sion of the film industry in Kentucky. donation. a male or female so as to achieve as GENCY. Create new sections of KRS Create a new section of KRS much gender equity as possible. Chapter 148 to provide individual Chapter 141 to provide a tax credit for (Prefiled by the sponsor(s).) income tax, corporation income tax, individuals who donate live organs (Prefiled by the sponsor(s).) limited liability entity tax, and sales in the amount of the lesser of actual BR 182 - Senator Ken Winters tax incentives for locating a film pro- expenses or $10,000; define “live or- BR 177 - Representative Mary Lou (10/13/08) duction facility in Kentucky or filming gan donation expenses”; amend KRS Marzian (10/14/08) or producing a motion picture produc- 141.0205 to conform; create a new AN ACT amending 2008 tion in Kentucky; define terms; estab- section of KRS Chapter 18A to pro- AN ACT relating to health Kentucky Acts Chapter 127, relating lish qualifications including minimum vide that state employees who donate care services provided in clinical trials to corrections, and declaring an emer- capital investment and minimum a live organ be entitled to 30 days paid for the treatment of cancer. gency. qualifying expenditures and minimum leave; provide that Sections 1 and 3 Create a new section of Subti- Amend 2008 Kentucky Acts qualifying payroll expenditures, ap- of the Act shall be known as “Beth’s tle 17A of KRS Chapter 304 to prohib- Chapter 127, the state/executive plication, and reporting requirements; Bill.” it a health benefit plan from excluding branch budget bill, to delete language require the Kentucky Film Office to coverage for routine patient healthcare pertaining to the calculation of proba- administer the incentive program; au- (Prefiled by the sponsor(s).) costs that are incurred in the course of tion and parole credit and to the mini- thorize the Kentucky Film Office to a cancer clinical trial if the health ben- mum expiration of sentence required enter into a film industry tax incentive BR 209 - Representative Mary Lou efit plan would provide coverage for for final discharge of prisoners;- in agreement; authorize the promulgation Marzian (10/21/08) the routine patient healthcare cost had clude noncodified provision relating of administrative regulations by the it not been incurred in a cancer clini- to the effect of the bill’s provisions Kentucky Film Office and the Depart- AN ACT relating to the Ken- cal trial; provide that nothing in this after the bill’s effective date; EMER- ment of Revenue; create a new section tucky Recreational Trails Authority. section requires a policy to offer, nor GENCY. of KRS 141 to create a motion picture Amend KRS 148.795 to add a prohibit a policy from offering, cancer film production nonrefundable income member of the Brain Injury Associa- clinical trial services by a participat- (Prefiled by the sponsor(s).) tax credit for the construction of a new tion of Kentucky to the Kentucky Rec- ing provider; provide that nothing in film production facility or the renova- reational Trails Authority. this section requires services that are BR 187 - Representative Darryl T. tion of an existing structure to become performed in a cancer clinical trial by Owens, Representative Larry Clark a film production facility and amo- (Prefiled by the sponsor(s).) a non-participating provider of a pol- (11/20/08) tion picture production that is filmed icy to be reimbursed at the same rate or produced in Kentucky against the BR 216 - Representative Brent Yonts as those performed by a participating AN ACT relating to early vot- tax imposed under KRS 141.020 or (11/13/08) provider of the policy. ing. 141.040 and KRS 141.0401 for taxable Create a new section of KRS periods beginning after December 31, AN ACT relating to govern- (Prefiled by the sponsor(s).) Chapter 117 to allow early voting by 2008; allow credit to be carried for- ment contracts. requiring in-person absentee voting to ward 5 years; amend KRS 141.0205 to Amend various sections in BR 179 - Representative Steve Riggs be conducted for at least 12 working establish the order in which the credits KRS Chapter 45A to expand and re- (11/25/08) days before the Sunday prior to elec- may be taken; amend KRS 139.538 fine the list of entities included in defi- tion day; require this voting to be held to provide refund of the sales and use nition of “contracting body”; allow AN ACT relating to compen- in the county clerk’s office or other tax paid on the purchase of tangible committee to determine the definition sation for legislative branch employ- place designated by the county board personal property that is permanently of “governmental emergency”; re- ees. of elections and approved by the State incorporated into a film production fa- fine the definition of memorandum of Amend KRS 7.090 to require Board of Elections; amend various cility or is used to initially equip the agreement (MOA) and include grant that the salary of the Director of the sections of KRS Chapter 117 to con- film production facility; provide for and research agreements; correct ref- Legislative Research Commission form. a refund of the sales and use tax paid erences to universities and colleges shall be approved by the General As- by an approved company on qualify- and institutions of higher education; sembly except for cost-of-living ad- (Prefiled by the sponsor(s).) ing expenditures if used in the filming require reporting of federal grant and justments provided to all Commission or production of a motion picture pro- research projects; refine the definition employees. BR 191 - Representative Dennis duction in Kentucky. of “personal service contract” (PSC) Keene (10/22/08) to specifically include contracts for (Prefiled by the sponsor(s).) (Prefiled by the sponsor(s).) personal or professional services and

62 2008 Interim LEGISLATIVE RECORD group health care for public employ- ating against an employee who is a (Prefiled by the sponsor(s).) Damron, Robert R. ees; allow the committee to establish crime victim when the employee takes BR158*, 263* reporting schedule for exempt PSC’s; leave to attend proceedings associated BR 289 - Representative Jesse Cren- DeCesare, Jim exempt health maintenance organiza- with the crime; require employee to shaw (11/20/08) BR74*, 75*, 76* tion or Medicaid-managed health care give employer reasonable notice to Edmonds, Ted service contracts with the Cabinet for take leave when practicable; provide AN ACT proposing an amend- BR55* Health and Family Services, but re- guidelines for use of paid leave time; ment to Section 145 of the Constitu- Farmer, Bill quire reporting of such contracts; ex- require employer to maintain confi- tion of Kentucky relating to persons BR90*, 143* empt contracts between postsecondary dentiality of records and communi- entitled to vote. Floyd, David institutions and health care providers, cations with employee crime victim; Propose to amend Section BR134*, 135* but require reporting of such contracts; create a penalty for failing to maintain 145 of the Constitution of Kentucky Gooch Jr., Jim exempt PSC’s of postsecondary insti- confidentiality. to exclude a convicted felon from the BR78* tutions for federal grant and research right to vote only until expiration of Henley, Melvin B. projects, but require reporting of such (Prefiled by the sponsor(s).) probation, final discharge from parole, BR21*, 42* contracts; exempt contracts $40,000 or maximum expiration of sentence; Higdon, Jimmy and under from Request for Proposals BR 258 - Representative Brent Yonts submit to the voters for ratification or BR24*, 79*, 84* process, but require three quotes when (11/24/08) rejection. Jenkins, Joni L. feasible, and determination of unfea- BR218*, 220* sibility may be reviewed by the sec- AN ACT proposing to amend (Prefiled by the sponsor(s).) Keene, Dennis retary of the Finance and Administra- Sections 147 and 148 of the Constitu- BR191*, 204* tion Cabinet or the committee; exempt tion of Kentucky relating to voting. BRs by Sponsor Lee, Stan contracts $40,000 and under from Propose to amend Sections * - denotes primary sponsorship of BR149* routine review process, but require fil- 147 and 148 of the Constitution of BRs Marzian, Mary Lou ing within 30 days for informational Kentucky to permit qualified voters BR103*, 175*, 176*, 177*, 209* purposes; allow meetings of the com- who choose to do so to vote by absen- Senate Nelson, Rick G. mittee as necessary, but not less than tee ballot in-person on the days prior BR120*, 267* once per month; prohibit delegation to the regular election and to require Buford, Tom Owens, Darryl T. of decision-making authority by sec- the state to reimburse counties for the BR34* BR57*, 187* retary of the Finance and Administra- cost of early voting; submit to voters Jones II, Ray S. Pullin, Tanya tion Cabinet, except with respect to for approval or disapproval. BR61*, 69* BR147* institutions of higher education that Leeper, Bob Richards, Jody have elected to implement procure- (Prefiled by the sponsor(s).) BR45* BR162* ment procedures in accordance with BR75* BR163* statutory authority; delete requirement BR 263 - Representative Robert R. Pendleton, Joey Riggs, Steve for annual reports; delineate powers Damron (11/24/08) BR38* BR56*, 179* of the committee; specify that com- Rhoads, Jerry P. Santoro, Sal petitive bids may not be required for AN ACT relating to firearms BR12* BR106* authorized contracts with risk-bearing certification. Ridley, Dorsey Siler, Charles organizations responsible for Medic- Amend KRS 237.140, relat- BR12* BR33*, 82* aid-managed health care services. ing to federal Law Enforcement Offi- Seum, Dan Sims, Dottie cer Safety Act certification and recer- BR28* BR163 (Prefiled by the sponsor(s).) tification of active and retired peace BR142* Thompson, Tommy officers, to permit any peace officer Stine, Katie BR195* BR 218 - Representative Joni L. who has successfully completed a BR37* Wayne, Jim Jenkins (11/19/08) Kentucky Law Enforcement Council Tapp, Gary BR15*, 33* approved firearms instructor course to BR28* Weston, Ron AN ACT relating to dating certify persons under KRS 15.383 and Westwood, Jack BR202* violence. 237.140. BR180* Wuchner, Addia Amend KRS 403.720 to in- Winters, Ken BR41* clude dating partners among the class (Prefiled by the sponsor(s).) BR182* Yonts, Brent of persons allowed to obtain domes- BR49*, 63*, 123* tic violence protective orders; amend BR 267 - Representative Rick G. House BR162* KRS 431.005 to reference the defini- Nelson (11/17/08) BR163* tion of “unmarried couple” in KRS Bratcher, Kevin D. BR216*, 258* 403.720. AN ACT relating to personal BR109* communication devices. Brinkman, Scott W. Index Headings (Prefiled by the sponsor(s).) Create a new section of KRS BR147* Chapter 189 prohibiting the use of a Burch, Tom Administrative Regulations and Pro- BR 220 - Representative Joni L. personal communication device by an BR41*, 73*, 94* ceedings Jenkins (11/19/08) operator of a motor vehicle, motor- Clark, Larry Agriculture cycle, or moped that is under the age BR187* Alcoholic Beverages AN ACT relating to employ- of 18; provide a grace period during Collins, Hubert Amusements and Recreation ment. which a warning will be issued until BR78 Animals, Livestock, and Poultry Amend KRS 337.415, relat- January 1, 2010; provide that after Crenshaw, Jesse Appropriations ing to court-ordered appearances by January 1, 2010, a fine will be imposed BR289* Attorney General employees, to define terms; prohibit for violation. Crimm, Ron Attorney, County employers from discharging or retali- BR35*, 60*, 68* Blind or Deaf Persons

THE KENTUCKY GENERAL ASSEMBLY 63 Budget and Financial Administration News Media Amusements and Recreation of donated items by for profit entities Campaign Finance Nuclear Energy - BR34 Charitable Organizations and Institu- Occupations and Professions Deaf and hard of hearing persons, tions Parental Rights movie theater access - BR69 Children and Minors Children and Minors Parks and Shrines Circuit Clerks Peace Officers and Law Enforcement Animals, Livestock, and Poul- Custody determination, additional fac- Cities Personnel and Employment try tor for - BR60 Civil Actions Police, City and County Operator’s license, allow for 17-year Civil Procedure Police, State Injured racehorses, duty to report pri- old enlistees - BR134 Civil Rights Pollution or surgeries or use of steroids or other Paternity, determination, evidence, Commerce Popular Names and Short Titles drugs in - BR94 and venue, clarification and updating Communications Poverty of - BR57 Consolidated Local Governments Property Valuation Administrators Appropriations Physical Constitution, Ky. Public Assistance activity for children, requirement of Constitution, U.S. Public Officers and Employees Bill or amendment containing appro- - BR41 Consumer Affairs Public Records and Reports priation, legislative time-out period activity, requirement of - BR37 Contracts Public Utilities prior to vote - BR76 Religious viewpoints, student expres- Coroners Purchasing Early voting, costs to counties reim- sion of - BR21 Counties Racing bursement, requirement for - BR258 Sexual offenders, restriction on resi- County Clerks Religion Expenditure of state funds, searchable dency and activities - BR149 Courts Reproductive Issues Web site - BR75 Courts, Circuit Safety Video lottery terminals, net terminal Circuit Clerks Courts, District Secretary of State income for state budget purposes, dis- Crime Victims Sheriffs persal of - BR73 Compensation, rate of - BR49 Crimes and Punishments State Agencies Criminal Procedure State Employees Attorney General Cities Deaths Substance Abuse Disabilities and the Disabled Taxation Establish requirements for collection Public infrastructure and highway Diseases Taxation, Income--Corporate of donated items by for profit entities construction - BR12 Domestic Relations Taxation, Income--Individual - BR34 Drugs and Medicines Taxation, Sales and Use Civil Actions Economic Development Teachers Attorney, County Education, Elementary and Second- Tourism Child custody determination, addi- ary Trade Practices and Retailing Establish requirements for collection tional factor for - BR60 Education, Finance Traffic Safety of donated items by for profit entities Dating violence, availability of do- Education, Higher Transportation - BR34 mestic violence protective orders - Effective Dates, Delayed Veterans’ Affairs BR218 Effective Dates, Emergency Veterinarians Blind or Deaf Persons Maintenance orders for spouses, avail- Elections and Voting Waste Management ability of automatic payment methods Energy Weights and Measures Community rehabilitation tax credit, - BR60 Environment and Conservation Women created - BR33 Paternity, determination, evidence, Firearms and Weapons Movie theater access, closed caption- and venue, clarification and updating Fuel BR Index ing - BR69 of - BR57 Gambling Small claims division, jurisdictional General Assembly Administrative Regulations Budget and Financial Adminis- increase - BR84 Governor and Proceedings tration Hazardous Materials Civil Procedure Health and Medical Services Certificate of title for all-terrain vehi- 08 HB 406, state budget, corrections, Highways, Streets, and Bridges cles, establish procedures - BR55 amendment to - BR180, 182 Dating violence, availability of do- Historical Affairs Physical activity, integration of - Bill or amendment containing appro- mestic violence protective orders - Home Rule BR37 priation, legislative time-out period BR218 Hospitals and Nursing Homes Racing Authority, creation of race- prior to vote - BR76 Paternity, determination, evidence, Housing, Building, and Construction track handle and horse injury report- Expenditure of state funds, searchable and venue, clarification and updating Insurance ing requirements by - BR94 Web site - BR75 of - BR57 Insurance, Health Video lottery terminals, net terminal Small claims division, jurisdictional Juries and Jurors Agriculture income for state budget purposes, dis- increase - BR84 Labor and Industry persal of - BR73 Legislative Research Commission Injured racehorses, duty to report pri- Civil Rights Licensing or surgeries or use of steroids or other Campaign Finance Liens drugs in - BR94 Deaf and hard of hearing persons, Local Government Reports, filing of when no change movie theater access - BR69 Lottery Alcoholic Beverages since last report - BR143 Freedom of the press, high school - Men BR63 Mental Disability DUI, aggravating circumstances and Charitable Organizations and Public assistance, substance abuse Mental Health increased penalties, lower alcohol Institutions screening - BR42 Military Affairs and Civil Defense concentration for - BR61 Sex, race, or national origin, wage dis- Motor Vehicles Establish requirements for collection crimination prohibited - BR175

64 2008 Interim LEGISLATIVE RECORD voting, establishment of - BR187 litical messages, use of subject to pen- and venue, clarification and updating Commerce voting, permission for - BR258 alty and recover of damages - BR79 of - BR57 In God We Trust license plate, estab- Crime victims’ employment leave Driver information, business use of - lish as alternate standard issue plate leave and confidentiality, requirements Drugs and Medicines BR123 - BR78 for - BR220 Fuel ethanol-blended gasoline, re- License plate, “In God We Trust”, es- DUI, Cancer, clinical trials for treatment of, quirements for sale and use of com- tablish as alternate standard issue plate aggravating circumstances and in- health plan - BR177 modities - BR38 - BR120 creased penalties, lower alcohol con- DUI, violation for controlled sub- Mopeds, titling and registration of - centration for - BR61 stance use - BR61 Communications BR35 violation for controlled substance use Public assistance, substance abuse Automated calling equipment or re- Offices, allow in areas other than - BR61 screening - BR42 corded political messages by a party county seat - BR191 Firearms certification, peace officers, Steroids and other drugs, duty to re- or campaign, use prohibited - BR79 Registered Independents, primaries, active and retired - BR263 port prior use of in a racehorse after Personal communication device, pro- participation in - BR24 Nonsupport and flagrant non-support, catastrophic injuries - BR94 hibition of use while operating a mo- Voting, early, for caretakers of persons spouse and ex-spouse - BR60 tor vehicle - BR135 having surgery - BR15 Sexual offenders, restriction on resi- Economic Development dency and activities - BR149 Consolidated Local Govern- Courts Film ments Criminal Procedure industry tax credits - BR195 Jury service, limitation on - BR68 industry, tax credits - BR103 Dead body, unclaimed, cremation al- Paternity, determination, evidence, Crime victims’ employment leave Incentives, searchable Web site - lowed by coroner - BR202 and venue, clarification and updating leave and confidentiality, requirements BR75 of - BR57 for - BR220 Small business development - BR147 Constitution, Ky. Small claims division, jurisdictional DUI, Video lottery terminals, implementa- increase - BR84 aggravating circumstances and in- tion as a tourist attraction - BR73 Early voting, permission for - BR258 creased penalties, lower alcohol con- Courts, Circuit centration for - BR61 Education, Elementary and Constitution, U.S. violation for controlled substance use Secondary Child custody determination, addi- - BR61 Voting rights for felons, constitutional tional factor for - BR60 Firearms certification, peace officers, High school newspapers, freedom of amendment to provide - BR289 Circuit court clerks, compensation of active and retired - BR263 the press - BR63 - BR49 Nonsupport and flagrant non-support, KEES, out-of-state institutions, re- Consumer Affairs Jury service, limitation on - BR68 spouse and ex-spouse - BR60 quirements - BR109 Maintenance orders for spouses, avail- Sexual offenders, restriction on resi- Physical activity for children, require- Establish requirements for collection ability of automatic payment methods dency and activities - BR149 ment of - BR37; BR41 of donated items by for profit entities - BR60 Religious viewpoints, student expres- - BR34 Deaths sion of - BR21 Small claims division, jurisdictional Courts, District Writing portfolios, remove from el- increase - BR84 Dead body, unclaimed, cremation al- ementary school CATS assessment Child custody determination, addi- lowed by coroner - BR202 - BR74 Contracts tional factor for - BR60 Circuit court clerks, compensation of Disabilities and the Disabled Education, Finance Government Contract Review Com- - BR49 mittee, omnibus revision for - BR216 Dating violence, availability of do- Community rehabilitation tax credit, KEES, out-of-state institutions, re- mestic violence protective orders - created - BR33 quirements - BR109 Coroners BR218 Deaf and hard of hearing persons, Jury service, limitation on - BR68 movie theater access - BR69 Education, Higher Dead body, unclaimed, cremation al- Maintenance orders for spouses, avail- KY Recreational Trails Authority, add lowed by coroner - BR202 ability of automatic payment methods member of the Brain Injury Associa- KEES, out-of-state institutions, re- - BR60 tion - BR209 quirements - BR109 Counties Small claims division, jurisdictional increase - BR84 Diseases Effective Dates, Delayed Home rule, allow for pool safety regu- lations - BR106 Crime Victims Cancer, clinical trials for treatment of, BR 90, July 1, 2009 - BR90 Public infrastructure and highway health plan - BR177 License plate, Transportation Cabinet, construction - BR12 08 HB 406, state budget, corrections, establish alternate standard issue li- Sheriff, county clerk, and PVA, allow amendment to - BR180, 182 Domestic Relations cense plate - BR120 offices in areas other than county seat Employment leave, requirement for - Transportation Cabinet, establish al- - BR191 BR220 Child custody determination, addi- ternate standard issue license plate Video lottery terminals, county refer- Minors, sexual offenses against - tional factor for - BR60 - BR78 endum on placement of - BR73 BR149 Dating violence, availability of do- Wage discrimination, prohibited on mestic violence protective orders - basis of sex, race, or national origin County Clerks Crimes and Punishments BR218 - BR175 Maintenance orders for spouses, avail- Certificate of title for all-terrain vehi- 08 HB 406, state budget, corrections, ability of automatic payment methods Effective Dates, Emergency cles, establish procedures - BR55 amendment to - BR180, 182 - BR60 Early Automated equipment or recorded po- Paternity, determination, evidence, BR

THE KENTUCKY GENERAL ASSEMBLY 65 180 - BR180 Access, residency requirement - Appointments to Boards and Commis- 182 - BR182 Governor BR158 sions, Governor permitted to achieve Child custody, spousal maintenance Mopeds, require insuring of - BR35 gender equity - BR176 - BR60 Boards and Commissions, appoint- Dating violence, availability of do- ments to achieve gender equity al- Insurance, Health mestic violence protective orders - Elections and Voting lowed - BR176 BR218 Cancer, clinical trials for treatment of, Campaign finance reports, filing of Hazardous Materials health plan - BR177 Mental Disability when no change since last report - Kentucky BR143 High-level nuclear waste, spent fuel, Access, non-eligibility clarification - KY Recreational Trails Authority, add Early storage plan for - BR45 BR158 member of the Brain Injury Associa- voting for caretakers of persons hav- Access, residency requirement - tion - BR209 ing surgery - BR15 Health and Medical Services BR158 voting, establishment of - BR187 Mental Health voting, permission for - BR258 Cancer, clinical trials for treatment of, Juries and Jurors Felons’ voting rights, constitutional health plan - BR177 KY Recreational Trails Authority, add amendment to provide - BR289 KY Recreational Trails Authority, add Jury service, limitation on - BR68 member of the Brain Injury Associa- Registered Independents, primaries, member of the Brain Injury Associa- tion - BR209 participation in - BR24 tion - BR209 Labor and Industry Video lottery terminals, county refer- Organ donation, nonrefundable tax Military Affairs and Civil De- endum on placement of - BR73 credit, provide for - BR204 Employment leave for crime victims, fense Voting, early, for caretakers of persons creation of and requirements for - Energy having surgery - BR15 BR220 Operator’s license, exempt 17-year Wage discrimination, prohibited on old enlistees from graduated licensing Fuel ethanol-blended gasoline, re- Highways, Streets, and Bridges basis of sex, race, or national origin - BR134 quirements for sale and use of com- - BR175 Prisoners of war and those missing in modities - BR38 Low-speed action, urge Congress to authorize in- Nuclear power, construction morato- electric vehicles, permit use of on Legislative Research Commis- vestigation - BR142 rium, removal of - BR45 highways - BR28 sion State Park accommodations, exemp- electric vehicles, permit use on high- tion for disabled veterans - BR82 Environment and Conserva- ways - BR56 Director, salary of - BR162; BR163; tion Mopeds, titling and registration of - BR179 Motor Vehicles BR35 Government Contract Review Com- High-level nuclear waste, storage plan, Personal communication device, pro- mittee, omnibus revision for - BR216 Driver information, business use of - disposal of - BR45 hibit use by an operator of a motor ve- BR123 hicle under the age of 18 - BR267 Licensing DUI, Firearms and Weapons Public Transportation Authority, cre- aggravating circumstances and in- ation of , for highway construction - Catastrophic injuries to racehorses, creased penalties, lower alcohol con- Firearms certification, peace officers, BR12 disciplinary action against racing li- centration for - BR61 active and retired - BR263 censees who fail to report - BR94 violation for controlled substance use Historical Affairs Video lottery terminals, license cat- - BR61 Fuel egories for - BR73 Graduated Prisoners of war and those missing in drivers licensing, clarify effect on 18- Fuel ethanol-blended gasoline, re- action, urge Congress to authorize in- Liens year old drivers - BR134 quirements for sale and use of com- vestigation - BR142 drivers licensing, exempt military modities - BR38 All-terrain vehicle, notation on certifi- members from - BR134 High-level nuclear waste, spent fuel, Home Rule cate of title - BR55 In God We Trust license plate, estab- storage plan for - BR45 lish as alternate standard issue plate Pool safety regulations by counties, Local Government - BR78 Gambling allow - BR106 License plate, “In God We Trust”, es- Home rule, allow for pool safety regu- tablish as alternate standard issue plate Daily handle from on-track and off- Hospitals and Nursing Homes lations - BR106 - BR120 track sources, racetrack duty to report Public infrastructure and highway Low-speed after each race day - BR94 Voting, early, for caretakers of hospi- construction - BR12 electric vehicles, permit use of on Video lottery terminals, race track and talized surgical patients - BR15 Sheriff, county clerk, and PVA, allow highways - BR28 county placement of - BR73 offices in areas other than county seat electric vehicles, permit use on high- Housing, Building, and Con- - BR191 ways - BR56 General Assembly struction Video lottery terminals, county refer- Mopeds, titling and registration of - endum on placement of - BR73 BR35 Appropriations, legislative time-out Pool safety regulations by counties, Personal period prior to vote on bill or amend- allow - BR106 Lottery communication device, prohibit use ment - BR76 by an operator of a motor vehicle un- Legislative Insurance Video lottery terminals, lottery corpo- der the age of 18 - BR267 Research Commission Director, salary ration oversight - BR73 communication device, prohibition of of - BR162; BR179 Kentucky use while operating a motor vehicle - Research Commission, salary of - Access, non-eligibility clarification - Men BR135 BR163 BR158

66 2008 Interim LEGISLATIVE RECORD News Media Poverty Secretary of State Tax credits, incentives for small business High school newspapers, freedom of Public assistance, substance abuse Early voting, permission for - BR258 development - BR147 the press - BR63 screening - BR42 Registered Independents, primaries, reform - BR90 participation in - BR24 Nuclear Energy Property Valuation Adminis- Taxation, Income--Corporate trators Sheriffs Nuclear power, construction morato- Community rehabilitation tax credit, rium, removal of - BR45 Offices, allow in areas other than Offices, allow in areas other than created - BR33 county seat - BR191 county seat - BR191 Film Occupations and Professions industry tax credits - BR195 Public Assistance State Agencies industry, tax credits - BR103 Video lottery terminals, occupational Repeal, effective January 1, 2010 - licenses - BR73 Eligibility, substance abuse screening 08 HB 406, state budget, corrections, BR90 - BR42 amendment to - BR180, 182 Parental Rights Boards and Commissions, Governor Taxation, Income--Individual Public Officers and Employees may appoint to achieve gender equity Child custody determination, addi- - BR176 Community rehabilitation tax credit, tional factor for - BR60 Wage discrimination, prohibited on Finance and Administration Cabinet, created - BR33 Paternity, determination, evidence, basis of sex, race, or national origin expenditure of state funds on search- Film industry tax credits - BR195 and venue, clarification and updating - BR175 able Web site - BR75 Organ donation, nonrefundable tax of - BR57 Government contracts, requirements credit, provide for - BR204 Public Records and Reports and exemptions for - BR216 Repeal, effective January 1, 2010 - Parks and Shrines License plate, Transportation Cabinet, BR90 Campaign finance reports, filing of establish alternate standard issue li- KY Recreational Trails Authority, add when no change since last report - cense plate - BR120 Taxation, Sales and Use member of the Brain Injury Associa- BR143 Physical tion - BR209 Driver information, business use of - activity for children, requirement of Expansion of base, lowering of rate - State Park accommodations, exemp- BR123 - BR41 BR90 tion for disabled veterans - BR82 activity requirement, administrative Film Public Utilities regulations for - BR37 industry tax credits - BR195 Peace Officers and Law En- State Park accommodations, exemp- industry, tax credits - BR103 forcement Automated calling equipment or re- tion for disabled veterans - BR82 corded political messages by a party Transportation Cabinet, establish al- Teachers Firearms certification, peace officers, or campaign, use prohibited - BR79 ternate standard issue license plate active and retired - BR263 Nuclear power facility, construction - BR78 Board of Education, physical activity moratorium, removal of - BR45 for children, reporting of - BR41 Personnel and Employment State Employees High school newspapers, freedom of Purchasing the press - BR63 Employment leave for crime victims, Organ donation, nonrefundable tax Religious viewpoints, student expres- creation of and requirements for - Government contracts, requirements credit, provide for - BR204 sion of - BR21 BR220 and exemptions for - BR216 Writing portfolios, remove from el- Wage discrimination, prohibited on Substance Abuse ementary school CATS assessment basis of sex, race, or national origin Racing - BR74 - BR175 DUI, Reporting requirements, racetrack at- aggravating circumstances and in- Tourism Police, City and County tendance and handle and major race- creased penalties, lower alcohol con- horse injuries - BR94 centration for - BR61 KY Recreational Trails Authority, add Firearms certification, peace officers, Video lottery terminals, licensed race- violation for controlled substance use member of the Brain Injury Associa- active and retired - BR263 tracks, eligibility to operate - BR73 - BR61 tion - BR209 Public assistance, substance abuse Video lottery terminals, implement ac- Police, State Religion screening - BR42 tion as a tourist attraction - BR73

Firearms certification, peace officers, Religious viewpoints, student expres- Taxation Trade Practices and Retailing active and retired - BR263 sion of - BR21 Community rehabilitation tax credit, Small claims division, jurisdictional Pollution Reproductive Issues created - BR33 increase - BR84 Film High-level nuclear waste, spent fuel, Paternity, determination, evidence, industry tax credits - BR195 Traffic Safety storage plan for - BR45 and venue, clarification and updating industry, tax credits - BR103 of - BR57 Organ donation, nonrefundable tax DUI, Popular Names and Short credit, provide for individuals - aggravating circumstances and in- Titles Safety BR204 creased penalties, lower alcohol con- Refunds, rebates, or credits, search- centration for - BR61 “Taxpayer Transparency Act of 2009” Pool safety regulations by counties, able Web site - BR75 violation for controlled substance use - BR75 allow - BR106 Sales and use tax, expansion of base, - BR61 lowering of rate - BR90 Personal communication device, pro-

THE KENTUCKY GENERAL ASSEMBLY 67 hibition of use while operating a mo- tor vehicle - BR135 Chief Justice, Transportation from page 2 Certificate of title for all-terrain vehi- cles, establish procedures - BR55 anymore because the court system’s collected court costs and discourag- should demonstrate, this Court of Jus- Fuel ethanol-blended gasoline, re- full.” ing diversion programs that generate quirements for sale and use of com- tice is committed to promoting and Action taken by the Court of Jus- revenue outside the state court system, enhancing constructive relationships modities - BR38 tice to implement its current budget, said Minton. between the Court of Justice and the Graduated passed during the 2008 Regular Ses- He said he looks forward to work- drivers licensing, clarify effect on 18- sion, has included enhanced pay for ing with the General Assembly in the General Assembly,” he said. year old drivers - BR134 deputy court clerks, an increase in future. “And I hope (this) is evidence of drivers licensing, exempt military civil filing fees, steps to collect- un “As our presence here today that commitment to you.” members from - BR134 In God We Trust license plate, estab- lish as alternate standard issue plate Grapes and wine, - BR78 License plate, “In God We Trust”, es- from page 3 tablish as alternate standard issue plate - BR120 “That was a big issue this year effort to establish more contracts be- said. Low-speed that we had not seen in past, partial- tween growers and wineries, Kunze Rep. Dennis Keene, D-Wilder, electric vehicles, permit use of on ly because of the (increased grape) said. asked if the Department of Agriculture highways - BR28 production we had this year,” said Kentucky’s grape growers had has made any projections on the future electric vehicles, permit use on high- Bruce Kunze, a Daviess County grape a bumper crop this year. “There was of the grape and wine industry. “It ap- ways - BR56 grower. “One of the issues we found good water early for vine production,” pears to me you are in the infant stages Mopeds, titling and registration of - was that growers are not working on Stone said. “It was dry during harvest of your industry and that it can only be BR35 contract with wineries. It’s part of the season so the grapes had good PH and going up,” he said. Personal evolution of this whole industry we’re sugar content.” Stone said no sales projections communication device, prohibit use in that contracts are going to become The bumper crop highlighted have been made. “This downturn in by an operator of a motor vehicle un- extremely important for growers and some signs that the grape industry is the economy and fuel prices certainly der the age of 18 - BR267 wineries. One of the things we’re still relatively young and fine-tuning slowed down tasting room activity, so communication device, prohibition of working on is identifying all the grow- itself. In some instances, growers grew I think a lot of those factors are a little use while operating a motor vehicle - ers in the state and putting together a so many different varieties of grapes beyond our control,” he said. “But the BR135 system with contracts so that growers that they didn’t have enough of the quality of wines is improving. Conver- Public Transportation Authority, cre- know who they are going to sell to.” kinds in highest demand, while some sations about the quality of wines are ation of , for highway construction - Figuring out a way to grade the other growers grew large amounts of improving. … There’s a lot of quality BR12 quality of grapes will be part of the varieties that weren’t needed, Stone and a lot there.”

Veterans’ Affairs Prisoners of war and those missing in Dairy, action, urge Congress to authorize in- vestigation - BR142 from page 3 State Park accommodations, exemp- tion for disabled veterans - BR82 sion during the 2008 Regular Session. “It causes us to be uncompetitive vital sector of Kentucky agriculture. It The commission, proposed in 2008’s here. We lose business,” said Chan- creates a positive economic impact in Veterinarians House Bill 623 and Senate Bill 184, dler. Kentucky communities and supports would have collected data on the state’s Processors were also concerned many allied industry organizations. If Catastrophic injuries to racehorses, milk industry and looked into whether about provisions in the 2008 bills that left to the current milk market strate- reporting requirements for attending a state milk price regulation system would have given the proposed com- gies and policies, the number of dairy veterinarians - BR94 should be established or amended. mission access to certain company producers and the milk they supply If such a system were established, data. Flav-O-Rich’s Mark Flagg said will continue to erode along with state Waste Management the legislation said it must not unlaw- requiring businesses to open their re- and local tax revenues.” High-level nuclear waste, spent fuel, fully favor Kentucky dairies or violate cords to such a commission could Barlow, who explained the poten- storage plan for - BR45 interstate commerce law. increase cost and “may lead to an tial of the dairy industry to be major Similar legislation has not yet increase in milk prices for Kentucky economic force in the state, said it is Weights and Measures been prefiled for the upcoming 2009 consumers.” Representatives from important for lawmakers to “look at us Fuel ethanol-blended gasoline, re- Regular Session, which begins in Jan- Dean’s Milk in Louisville said more in a different light.” quirements for sale and use of com- uary. regulation would not help dairy farm- “We need state economic devel- modities - BR38 Milk processors had a differ- ers sell more milk. opment incentives, we need tax credits ent view of the board proposed by KDDC official Maury Cox said for expansion of our existing dairies,” Women the 2008 legislation. Mike Chandler milk commissions in other states such he said, telling lawmakers that cluster- with Southern Belle—which receives as Virginia and Wisconsin are helping ing dairies in some counties together Appointments to Boards and Commis- between 60 to 95 percent of its milk dairy farmers there. would be a formidable industrial sions, Governor permitted to achieve from Kentucky producers--said his He co-wrote a letter from KDDC park. gender equity - BR176 company supports KDDC, but that im- to the Senate Agriculture and Natural “Why not give tax credits to those Dating violence, availability of do- provements at the dairy level are more Resources Committee during the 2008 who live in our communities, who are mestic violence protective orders - helpful than “another layer of pricing session that said KDDC supported the going to spend those dollars in our BR218 regulation.” bills “because the dairy industry is a communities?”

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THE KENTUCKY GENERAL ASSEMBLY 69 Senate Districts

70 2008 Interim LEGISLATIVE RECORD House Districts

THE KENTUCKY GENERAL ASSEMBLY 71 David L. Williams Jody Richards SENATE PRESIDENT The Kentucky Legislative Research Commission HOUSE SPEAKER is a 16-member committee of the majority and Katie Kratz Stine Larry Clark minority leadership of the PRESIDENT PRO TEM SPEAKER PRO TEM and House of Representatives. Under Chapter Dan Kelly Rocky Adkins 7 of the Kentucky Revised Statutes, the LRC Majority FLOOR LEADER MAJORITY FLOOR LEADER constitutes the administrative office for the Ed Worley General Assembly. Its director serves as chief Jeff Hoover MINORITY FLOOR LEADER MINORITY FLOOR LEADER administrative officer of the Legislature when it isn’t in session. Dan Seum Charlie Hoffman MAJORITY CAUCUS CHAIRMAN MAJORITY CAUCUS CHAIRMAN The Commission and its staff, by law and by Johnny Ray Turner practice, perform numerous fact-finding and Bob DeWeese MINORITY CAUCUS CHAIRMAN MINORITY CAUCUS CHAIRMAN service functions for members of the Legis- lature, employing professional, clerical and Carroll Gibson Rob Wilkey other employees required when the General MAJORITY WHIP MAJORITY WHIP Assembly is in session and during the interim Joey Pendleton Stan Lee period between sessions. These employees, in MINORITY WHIP MINORITY WHIP turn, assist committees and individual legisla- tors in preparing legislation. Other services 2008 Interim Bobby Sherman, Director include conducting studies and investigations, Legislative organizing and staffing committee meetings and LEGISLATIVE Research Commission public hearings, maintaining official legislative Robert Jenkins, Deputy records and other reference materials, provid- RECORD Director for Committee and ing information about the Legislature to the Staff Coordination public, compiling and publishing administrative Published monthly by Rob Weber regulations, administering a legislative intern the Legislative Research Public Information Officer Commission, the Interim program, conducting orientation programs for Mike Robinson new legislators, and publishing a daily index RECORD is designed to inform Printing and Publications and summary of legislative actions during the citizens of Kentucky of the Officer sessions. between-sessions work of the Rebecca Mullins General Assembly. The LRC is also responsible for statute revi- Editor, Typography and Design sion, publishing and distributing the Acts and Subscriptions are free upon Mike Sunseri Journals following sessions, and for maintaining request. Contact LRC’s Public Chief Photographer furnishings, equipment and supplies for the Information Office, Capitol Annex, Frankfort, KY 40601, Karen Bourne Legislature. It also functions as Kentucky’s Jeff Fossett Commission on Interstate Cooperation in car- phone 502-564-8100. Steve Gatewood rying out the program of the Council of State Stories may be reprinted Bruce Phillips Governments as it relates to Kentucky. Bud Kraft without permission, although Keith Krey credit would be appreciated. Jeanie Mitchell Scott Payton Chuck Truesdell Public Information Staff

2008 Interim Pre Sorted Standard Change Service Requested U.S. Postage LEGISLATIVE PAID Kentucky General Assembly RECORD Frankfort, Kentucky 700 Capitol Avenue Permit Number 308 Frankfort, Kentucky 40601

72 2008 Interim LEGISLATIVE RECORD