2017 Interim LEGISLATIVE Volume 30, No. 4 July 2017 * Read online at www.lrc.ky.gov/legislation.htm RECORD Cities seek local revenue options, lawmakers told by Rebecca Hanchett Government on June 28. LRC Public Information is one of only a handful of states that does not give cities or counties authority to FRANKFORT—It took around $150 mil- level a local option sales tax, although proposals lion to revitalize Owensboro’s waterfront, says have been considered in recent legislative ses- the city’s mayor Tom Watson. But paying for the sions. project under the city’s existing tax structure “We think we have as much understanding wasn’t easy. as anybody of what our community can toler- No new city revenue stream was available for ate, of what they’d be interested in,” Watson told the project at the start, said Watson, pushing the the committee. “I’m not a tax-and-spend guy, I city seek other funding sources including some promise you … and this is just an option. We’d federal funds. Having more local tax options— like to have some control and some say in what including the option to levy a restaurant tax, happens.” which Owensboro cannot levy under current Joining Watson before the committee was Rep. Ken Fleming, R-Louisville, speaks during Kentucky law—would help cities like his build Kentucky League of Cities (KLC) President and the June Interim Joint Committee on Local their infrastructure and be more competitive, Sadieville Mayor Claude Christensen, who said Government meeting. he told the Interim Joint Committee on Local Continued on page 2 From telehealth to midwifery: Health issues studied by Jim Hannah The practice of incorporating new commu- tients with chronic diseases. LRC Public Information nication technologies when treating patients, Thornbury said he is president of the Ken- broadly known as telemedicine or telehealth tucky Academy of Family Physicians, a group FRANKFORT – Using video calling services care, is already being used in Kentucky to treat that supports the legislative intent of the pro- like FaceTime or Skype can be good for your routine problems like urinary tract infections, posed bill. health – but not for the physician’s bottom line. sore throats and rashes. Rep. , R-Glasgow, who sponsored That’s according to testimony giving during Thornbury said the proposed legislation similar legislation during the last session, said the July 17 meeting of the Interim Joint Com- would encourage the expansion health benefit the proposed measure would also ease the physi- mittee on Health and Welfare and Family Ser- plan coverage of telehealth care for the treatment cian shortage in the state. vices. of chronic diseases such as diabetes, autoim- “I think we all know we have difficulty getting “It’s about payment parity,” said Dr. William mune disorders and asthma. He said Kentucky’s in to see our doctor,” he said. “I know that many C. Thornbury Jr., who testified in support of pro- doctors need to get reimbursed for the same as of you have gone to the doctor and in many cases posed legislation that would allow Kentucky’s office visits for the strategic planners in the large had to wait two hours for a visit. You are busy physicians to get reimbursed the same amount health care systems to invest in telehealth care people. We are all busy people. We have a lot of for video appointments as they command for technology while maintaining the brick-and- office visits. mortar offices that are still necessary to serve pa- Continued on page 2

THE KENTUCKY GENERAL ASSEMBLY 1 other midwives have basically been pushed un- derground with the medical community com- Health, plicit in turning a blind eye.” The “Hospital Peer Review” proposal would from page 1 limit the public’s access to hospital peer reviews in medical malpractice suits. Sen. Ralph Alvara- people in those situations. Those long visits do, R-Winchester, said the bill is necessary to make it very difficult to see a doctor in a timely allow doctors to offer honest criticism of each manner.” other in a private setting without worrying that Rep. , D-Louisville, said their words later could be used as evidence in a telehealth care might not help residents from courtroom. the poorest rural counties where the physician Sen. Stephen Meredith, R-Leitchfield, spoke shortage is most acute. in support of the proposed legislation. “What do we do about folks in Kentucky in “I think you really have to look at the intent of really rural areas without access to broadband?” peer review,” he said. “It is to improve the quality she said. “How do we address those issues?” of care rendered to a community, not to provide The committee also discussed these proposed fodder for litigation.” bills: Lawyer Liz Shepherd, president of the Ken- tucky Justice Association, testified against the The “Midwifery Legislation in the Com- Rep. Mary Lou Marzian, D-Louisville, comments monwealth” proposal would certify practicing proposed legislation. on telehealth care during the July meeting of the midwives who are not registered nurses. Rep. “This proposed legislation protects a special Interim Joint Committee on Health and Welfare , R-Florence, said the measure class of people – hospitals and nursing homes and Family Services. would create a certified professional midwives – from the truth,” she said. “The proposed leg- council under the Kentucky Board of Nursing. islation would shield the facts from what really Keith Johnson, a certified public accountant The measure would require midwives to follow occurred from family members.” in Elizabethtown who has multiple sclerosis, tes- public health reporting laws concerning diseases Alvarado responded to Shepherd by pointing tified that a tax credit in the current fiscal envi- and vital statistics in addition to make midwifery out that 49 other states extend a legal privilege to ronment might not be popular but a limitation illegal, in most instances, for those who are not medical peer review so that someone who sues could be placed on the dollar amount any one licensed. a doctor cannot subpoena statements made by person receives or the state gives out in any given May Kathryn DeLodder of the Kentucky colleagues during the review process. year. Home Birth Coalition testified that there are – at “What we are proposing in this bill is very “There are ways to manage the costs,” he said. the most – four registered nurse midwives who similar to lots of other states in the country Wuchner, who chaired the meeting, said all are attending home births in Kentucky. She said where lawyers seem to do very well in discover- the issues discussed had been brought up in pri- the other about 85 registered nurse midwives ing information you claim is going to be hidden or sessions, but legislators couldn’t come to a practice exclusively in hospitals. by this legislation,” Alvarado said. consensus on how best to act. “That leaves the majority of Kentucky’s 700 The “Livable Home Tax Credit Program” “This is the time to work out the issues during annual home births in the purview of other mid- proposal would provide a tax break for people the interim and bring light on them and see what wives,” DeLodder said of the midwives that the with multiple sclerosis who need to modify their we need to get cleared up,” she said. “We are in proposed legislation seeks to regulate. “These houses with such things as wheelchair ramps and the process of doing exactly what we need to do walk-in showers. during this interim process.” Cities, from page 1 his response to local tax reform is “yes, please.” mentioned the 2014 General Assembly changed “I can’t levy an occupational tax in Sadieville. With only 332 residents, Sadieville doesn’t have the way cities are classified under state law, with By statute, I’m prohibited from doing that,” said much tax revenue. And it’s not alone: Most of all cities now falling under two classifications – Christensen. “So we’re limited.” Kentucky’s cities, or 52 percent, have fewer than first-class (Louisville) and Home Rule (all other Christensen said he wants to partner with the 1,000 residents, said Christensen. cities)—instead of the previous six. The change General Assembly as both a small-town mayor Another issue raised was city-county reve- removed what KLC has called the “restrictions and KLC President to level and improve the local nue-sharing. Watson said he would like to see and red tape” of the old classification system to tax structure. more on that front, although Committee Co- help all cities while safeguarding certain privileg- “So if your question today for me, at least, chair Rep. Michael Meredith, R-Brownsville, es the old system gave smaller cities. is what we need in small towns, we need you cautioned against General Assembly involve- “It’s an economy of scale,” said Bowen. to trust us. We have adding machines and cal- ment in such situations. Still, Watson and Christensen see room for culators, we have smart people, we have capable “I think it’s a city-by-city, county-by-coun- improvement. Owensboro is still prohibited people to manage money,” said Christensen. “We ty kind of situation that probably we don’t, as a from levying a restaurant tax. Only cities clas- need flexibility.” General Assembly, need to step into because it is sified as fourth or fifth class cities as of January Meredith reassured the mayors that provid- really a case-by-case basis,” said Meredith. 2014 can do that. And Sadieville, a former sixth- ing more local flexibility is part of discussions at Committee Co-chair Sen. Joe Bowen, R-Ow- class city, is limited in its ability to raise revenue the state legislative level, including discussions ensboro, said the issues affecting Owensboro and as well, specifically occupational tax, said Chris- relating to local taxation. “Hopefully we can Sadieville affect cities all across Kentucky. He tensen. move those forward,” he said.

2 2017 Interim LEGISLATIVE RECORD Kentucky National Guard Kentucky taps well-prepared, panel told into craft beer by Rebecca Hanchett craze to grow LRC Public Information

FRANKFORT—Kentucky has 197 Nation- economy al Guard personnel currently deployed with the U.S. Army or U.S. Air Force, with future mobi- by Jim Hannah lizations planned for later this year and in 2018 LRC Public Information and 2019, state lawmakers were told on July 13. Kentucky Adjutant General Maj. Gen. Ste- GEORGETOWN – Kentucky craft beer had phen R. Hogan, who is the head of the Kentucky an estimated annual economic impact of $495 Army and Air National Guard and Executive million last year. That figure is expected to in- Director of the state Department of Military Af- crease by 70 percent by year’s end. fairs, told the Interim Joint Committee on Veter- “The story of Kentucky breweries is a story ans, Military Affairs and Public Protection that of economic growth, job creation and pursuit most of those now mobilized are soldiers. The of the American dream,” said Kentucky Guild 207th Engineers out of Hazard and Jackson have of Brewers President Adam Watson while pre- 155 personnel deployed around the world, with senting the economic impact figures at the In- 34 more from other groups and divisions also terim Joint Committee on Licensing, Occupa- mobilized. Another 160 or more are planned to tions and Administrative Regulations meeting be mobilized starting this month through April on July 14 inside a new Country Boy Brewing 2019, he said. production facility. “From Prestonsburg to Pa- But national defense is only part of the agen- ducah, you have a brewery near you. You should cy’s mission, said Maj. Gen. Hogan. Another part go see what’s happening in it.” is responding to state needs. Kentucky craft brewers directly employ “The citizen aspect of this is just as import- more than 600 Kentuckians, said Watson, who ant as the military aspect of this,” he told law- Rep. Rob Rothenburger, R-Shelbyville, comments is also an owner of Against the Grain Brewery makers. That includes readiness for disaster in- during the July 13 meeting of the Interim Joint in Louisville. cluding cyber or general terrorism, earthquake, Committee on Veterans, Military Affairs and Public “We understand there are diverse opinions snow or fire—including wildfires. Protection. on alcohol across Kentucky and we do respect Rep. Rob Rothenburger, R-Shelbyville, those differences,” he said. “One thing we can asked Maj. Gen. Hogan about the Kentucky Na- all get behind, though, are the economics of tional Guard’s readiness to assist in time of fire met with the conflict,” said Burch. craft brewing in Kentucky. Craft breweries are or other natural disasters. Rothenburger recalled Today, Maj. Gen. Hogan said, soldiers and excellent examples of the small businesses that wildfires that ripped through areas of Eastern air personnel are given much more attention be- make up the most important threads of this Kentucky and Tennessee in recent years. fore they go into battle. country’s employment tapestry.” “Last year, Gatlinburg was extremely devas- “The young soldiers in the active Army and Senate Majority Floor Leader Damon tated by the catastrophe,” he said. active Air Force and the active force, they were Thayer, R-Georgetown, said the Country Boy Maj. Gen. Hogan said the response to those trained on their systems and their apparatus … Brewing facility is a great example of what can fires was air-delivered buckets. His agency is and how to manage the war fight,” he told Burch. happen when the General Assembly removes ready to deliver that same response today, he Maj. Gen. Hogan was awarded the commit- artificial barriers to free enterprise to allow a said. Putting trained personnel on the ground, tee’s Distinguished Veteran Award as he conclud- business like this to grow. he added, would take 72 hours of preparation. ed his presentation. The committee created the “We are glad to have everyone here at Coun- Ensuring Kentucky National Guard person- program, said USAF Reserve Col. and the com- try Boy, the only new-construction brewery in nel are ready for any eventuality is key, Maj. Gen. mittee’s Co-Chair Rep. Tim Moore, R-Elizabeth- Kentucky … and emblematic of the growing Hogan explained. Soldiers must be physically town, to recognize that some Kentucky veterans craft-beer sector here in the commonwealth,” fit and mentally able to confidently serve in the “have risen to the level of being distinguished he said. Kentucky National Guard—and they are. due to their lifelong commitment of serving both Rep. , R-Georgetown, said the “We are right now as physically adept as our in and out of the military.” facility represents the entrepreneurial spirit of active duty counterparts,” he told lawmakers. We have made it clear “we stand with and Kentucky. Rep. , D-Louisville, compliment- behind those who are serving all of us in any “I’ve watched this place grow from four guys ed the National Guard’s dedication to training. kind of uniform capacity,” said Moore. in their back yards to what you see today,” he Burch entered the U.S. Navy when he was 17 The award was presented by fellow commit- said. “This is what happens when you work years old, and not with the best training, he ex- tee Co-chair Sen. Albert Robinson, R-London, Continued on page 53 plained. “We were trained the minute we were who chaired the July 13 meeting. THE KENTUCKY GENERAL ASSEMBLY 3 General 2017 Assembly Senate

Julie Raque Adams (36) Jimmy Higdon (14) John Schickel (11) 213 S Lyndon Lane 344 N Spalding 2147 Natches Trace Louisville, KY 40222 Lebanon, KY 40033 Union, KY 41091 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 270-692-6945 Wil Schroder (24) Ralph Alvarado (28) Paul Hornback (20) 25 Observatory Pointe Dr. 3250 McClure Road 6102 Cropper Rd Wilder, KY 41076 Winchester, KY 40391 Shelbyville, KY 40065 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 Dan “Malano” Seum (38) Joe Bowen (8) Stan Humphries (1) 1107 Holly Ave 2031 Fieldcrest Dr 763 Sinking Fork Rd Fairdale, KY 40118 Owensboro, KY 42301 Cadiz, KY 42211 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-749-2859 (Home) 270-685-1859 (Home) 270-522-0195 Brandon Smith (30) Tom Buford (22) Ray S. Jones II (31) 124 Craig Street 409 W Maple St PO Drawer 3850 Hazard, KY 41702 Nicholasville, KY 40356 Pikeville, KY 41502 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 606-436-4526 (LRC FAX) 502-564-2466 (Work) 606-432-5777 (Home FAX) 606-436-4526 (Home) 859-885-0606 (Work FAX) 606-432-5154 II (25) (Home FAX) 859-885-0606 Alice Forgy Kerr (12) 207 Main St Jared Carpenter (34) 3274 Gondola Dr Manchester, KY 40962 PO Box 100 Lexington, KY 40513 (LRC) 502-564-8100 Berea, KY 40403 (LRC) 502-564-8100 (Home) 606-598-8575 (LRC) 502-564-8100 (Home) 859-223-3274 (Work) 606-598-2322 Danny Carroll (2) Christian McDaniel (23) (Work FAX) 606-598-2357 220 Cimarron Way PO Box 15231 Damon Thayer (17) Paducah, KY 42001 Latonia, KY 41015 105 Spyglass Dr (LRC) 502-564-8100 (LRC) 502-564-8100 Georgetown, KY 40324 (Home) 270-703-8025 Morgan McGarvey (19) (LRC) 502-564-8100 Julian M. Carroll (7) 2250 Winston Ave Reginald Thomas (13) 702 Capitol Ave Louisville, KY 40205 702 Capitol Ave Annex Room 254 (LRC) 502-564-8100 Annex Room 255 Frankfort, KY 40601 (Home) 502-589-2780 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 Perry B. Clark (37) Stephen Meredith (5) (LRC FAX) 502-564-0777 5716 New Cut Rd 702 Capitol Avenue Johnny Ray Turner (29) Louisville, KY 40214 Annex Room 229 849 Crestwood Dr (LRC) 502-564-8100 Frankfort, KY 40601 Prestonsburg, KY 41653 (Home) 502-366-1247 (LRC) 502-564-8100 (LRC) 502-564-8100 C.B. Embry Jr. (6) (Home) 270-287-9849 (Home) 606-889-6568 PO Box 1215 (Work) 270-230-3301 Robin L. Webb (18) Morgantown, KY 42261 Gerald A. Neal (33) 404 W Main St (LRC) 502-564-8100 462 S 4th St Grayson, KY 41143 (Home) 270-526-6237 Meidinger Twr, Ste. 1250 (LRC) 502-564-8100 Louisville, KY 40202 (Home) 606-474-5380 Rick Girdler (15) (LRC) 502-564-8100 Stephen West (27) 702 Capitol Ave (Home) 502-776-1222 202 Vimont Ln Annex Room 209 (Work) 502-584-8500 Paris, KY 40361 Frankfort, KY 40601 (Work FAX) 502-584-1119 (LRC) 502-564-8100 (LRC) 502-564-8100 Dennis Parrett (10) Whitney Westerfield (3) David P. Givens (9) 731 Thomas Rd 700 South Main Street PO Box 12 Elizabethtown, KY 42701 PO Box 1107 Greensburg, KY 42743 (LRC) 502-564-8100 Hopkinsville, KY 42241 (LRC) 502-564-8100 (Home) 270-765-4565 (LRC) 502-564-8100 Denise Harper Angel (35) Dorsey Ridley (4) (Work) 270-885-7671 2521 Ransdell Ave 4030 Hidden Creek Dr Mike Wilson (32) Louisville, KY 40204 Henderson, KY 42420 631 Washington Avenue (LRC) 502-564-8100 (LRC) 502-564-8100 Bowling Green, KY 42103 (Home) 502-452-9130 (Home) 270-826-5402 (LRC) 502-564-8100 (Work) 270-869-0505 Max Wise (16) Ernie Harris (26) Albert Robinson (21) 126 Cox Cove PO Box 1073 1249 S Main St Campbellsville, KY 42718 Crestwood, KY 40014 London, KY 40741 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-241-8307 (Home) 606-878-6877 * Members of the Kentucky General Assembly may also be contacted by calling 502-564-8100.

4 2017 Interim LEGISLATIVE RECORD 2017 Kentucky General Assembly House Rocky Adkins (99) PO Box 688 (90) Derrick Graham (57) Sandy Hook, KY 41171 PO Box 710 702 Capitol Avenue (LRC) 502-564-8100 Hyden, KY 41749 Annex Room 429J (Home) 606-738-4242 (LRC) 502-564-8100 Frankfort, KY 40601 (Work) 606-928-0407 (Home) (606) 672-8999 (LRC) 502-564-8100 (Work FAX) 606-929-5913 (Home FAX) 606-672-8998 (Home) 502-223-1769 (4) (27) 2359 Brown Mines Rd (6) PO Box 1007 Marion, KY 42064 285 Oak Level Elva Rd Brandenburg, KY 40108 (LRC) 502-564-8100 Symsonia, KY 42082 (LRC) 502-564-8100 (Home) 270-988-4171 (LRC) 502-564-8100 (Home) 270-422-5100 Danny Bentley (98) (Home) 270-851-4433 (Home FAX) 270-422-5100 702 Capitol Avenue Jim DeCesare (17) David Hale (74) Annex Room 329J PO Box 122 11 Hales Ln Frankfort KY 40601 Rockfield, KY 42274 Wellington, KY 40387 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 270-792-5779 (Home) 606-768-3474 III (88) (Work) 270-792-5779 Chris Harris (93) 2384 Abbeywood Rd (37) 719 Forest Hills Rd Lexington, KY 40515 PO Box 509 Forest Hills, KY 41527 (LRC) 502-564-8100 Fairdale, KY 40118 (LRC) 502-564-8100 (Home) 859-421-1464 (LRC) 502-564-8100 (Home) 606-237-0055 (Work) 502-439-6175 Mark Hart (78) John Blanton (92) (9) 702 Capitol Avenue 702 Capitol Avenue 491 E Nashville St Annex Room 316E Annex Room 329H Pembroke, KY 42266 Frankfort, KY 40601 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 270-475-9503 (Home) 859-654-4278 Jim DuPlessis (25) (94) Kevin D. Bratcher (29) 102 Utah Court 702 Capitol Avenue 10215 Landwood Dr Elizabethtown, KY 42701 Annex Room 429I Louisville, KY 40291 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 Daniel Elliott (54) (LRC) 502-564-8100 (Home) 502-231-3311 PO Box 2082 (2) Danville, KY 40423 438 Millers Chapel Rd Larry Brown (95) (LRC) 502-564-8100 Mayfield, KY 42066 702 Capitol Avenue (Home) 859-332-4204 (LRC) 502-564-8100 Annex Room 329I Joseph M. Fischer (68) (Home) 270-705-7539 Frankfort, KY 40601 126 Dixie Place (Work) 270-247-2210 (LRC) 502-564-8100 Ft Thomas, KY 41075 (Work FAX) 270-247-2304 (Work) 606-886-8132 (LRC) 502-564-8100 (91) George Brown Jr. (77) (Home) 859-781-6965 702 Capitol Avenue 424 E Fourth Street (Work) 513-794-6442 Annex Room 329 B Lexington, KY 40508 Ken Fleming (48) Frankfort, KY 40601 (LRC) 502-564-8100 702 Capitol Avenue (LRC) 502-564-8100 (Home) 859-312-7513 Annex Room 351D (83) (82) Frankfort, KY 40601 PO Box 985 179 Mountain St (LRC) 502-564-8100 Jamestown, KY 42629 Williamsburg, KY 40769 (LRC) 502-564-8100 (LRC) 502-564-8100 (75) (Home) 270-343-2264 (Home) 606-549-3439 121 Arcadia Park (Work) 270-343-5588 Tom Burch (30) Lexington, KY 40503 (40) 4012 Lambert Ave (LRC) 502-564-8100 1806 Farnsley Rd, Ste 6 Louisville, KY 40218 (Home) 859-221-3107 Shively, KY 40216 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-454-4002 (84) (Home) 502-447-2498 McKenzie Cantrell (38) 702 Capitol Avenue (Work) 502-447-9000 702 Capitol Avenue Annex Room 329G (5) Annex Room 424A Frankfort, KY 40601 4064 US 641 N Frankfort, KY 40601 (LRC) 502-564-8100 Murray, KY 42071 (LRC) 502-564-8100 (Home) 606-233-5660 (LRC) 502-564-8100 John Carney (51) (46) Joni L. Jenkins (44) 202 Southside Dr. 702 Capitol Avenue 2010 O’Brien Ct Campbellsville, KY 42718 Annex Room 432D Shively, KY 40216 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 (Home) 270-403-7980 (LRC) 502-564-8100 (Home) 502-447-4324 Matt Castlen (14) Dan Johnson (49) 7549 Iceland Road Jr. (12) 702 Capitol Avenue Maceo, KY 42355 714 N Broadway B2 Annex Room 413E (LRC) 502-564-8100 Providence, KY 42450 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 270-667-7327 (Home) 502-445-9355 (Work FAX) 270-667-5111 (Home FAX) 502-538-0877

THE KENTUCKY GENERAL ASSEMBLY 5 2017 Kentucky General Assembly

Melinda Gibbons Prunty (15) DJ Johnson (13) Jerry T. Miller (36) PO Box 411 702 Capitol Ave PO Box 36 Greenville, KY 42345 Annex Room 352B Eastwood, KY 40018 (LRC) 502-564-8100 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 Robby Mills (11) (89) James Kay (56) 702 Capitol Avenue PO Box 323 PO Box 1536 Annex Room 413C McKee, KY 40447 Versailles, KY 40383 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC/Home) 502-564-8100 (Home) 606-287-7303 Dennis Keene (67) (Work) 606-287-3300 1040 Johns Hill Rd Phil Moffett (32) (Work FAX) 606-287-3300 Wilder, KY 41076 812 Brookhill Rd (47) (LRC) 502-564-8100 Louisville, KY 40223 PO Box 273 (Home) 859-441-5894 (LRC) 502-564-8100 Bedford, KY 40006 (55) Tim Moore (18) (LRC) 502-564-8100 250 Bright Leaf Dr 417 Bates Rd (Home) 502-255-3392 Harrodsburg, KY 40330 Elizabethtown, KY 42701 (Work) 502-255-3286 (LRC) 502-564-8100 (LRC) 502-564-8100 (Work FAX) 502-255-9911 (Home) 859-734-2173 (Home) 270-769-5878 (24) (69) 702 Capitol Avenue 170 Herrington Ct #12 C. Wesley Morgan (81) Annex Room 402 Erlanger, KY 41018 702 Capitol Avenue Frankfort, KY 40601 (LRC) 502-564-8100 Annex Room 405D (LRC) 502-564-8100 (Home) 859-653-5312 Frankfort, KY 40601 (Work) 270-358-0868 (45) (LRC) 502-564-8100 PO Box 2090 (64) (20) Lexington, KY 40588 702 Capitol Avenue 817 Culpeper St (LRC) 502-564-8100 Annex Room 351C Bowling Green, KY 42103 (Home) 859-252-2202 Frankfort, KY 40601 (LRC) 502-564-8100 (Home FAX) 859-259-2927 (LRC) 502-564-8100 (Home) 270-842-6731 (61) (31) 16 Ridgeview Cir Rick G. Nelson (87) PO Box 24586 Dry Ridge, KY 41035 117 Gumwood Rd Louisville, KY 40224 (LRC) 502-564-8100 Middlesboro, KY 40965 (LRC) 502-564-8100 Mary Lou Marzian (34) (LRC) 502-564-8100 (LRC FAX) 502-564-6543 2007 Tyler Ln (Home) 606-248-8828 Steve Riley (23) Louisville, KY 40205 (Home FAX) 606-248-8828 702 Capitol Avenue (LRC) 502-564-8100 Jason Nemes (33) Annex Room 352C (Home) 502-451-5032 702 Capitol Avenue Frankfort, KY 40601 (73) Annex Room 416C (LRC) 502-564-8100 2059 Elkin Station Rd Frankfort, KY 40601 (Home)270-646-6821 Winchester, KY 40391 (LRC) 502-564-8100 Rob Rothenburger (58) (LRC) 502-564-8100 (59) 702 Capitol Avenue (Home) 859-745-5941 PO Box 8 Annex Room 351E Chad McCoy (50) Prospect, KY 40059 Frankfort, KY 40601 702 Capitol Avenue (LRC) 502-564-8100 (LRC) 502-564-8100 Annex Room 416B (Home) 502-228-3201 (Home) 502-633-5832 Frankfort, KY 40601 (Work) 502-645-2186 (LRC) 502-564-8100 Sannie Overly (72) (21) (80) 340 Main St PO Box 336 PO Box 121 Paris, KY 40361 Tompkinsville, KY 42167 Stanford, KY 40484 (LRC) 502-564-8100 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 859-987-9879 (42) (1) PO Box 757 Darryl T. Owens (43) 350 Peppers Mill Drive Louisville, KY 40201 1018 S 4th St, Ste 100 Paducah, KY 42001 (LRC) 502-564-8100 Louisville, KY 40203 (Home) 270-744-8137 (Work) 502-741-7464 (LRC) 502-564-8100 (LRC) 502-564-8100 Michael Meredith (19) (Home) 502-584-6341 (60) PO Box 292 (76) 596 Walterlot Ct Brownsville, KY 42210 10 Deepwood Dr Florence, KY 41042 (LRC) 502-564-8100 Lexington, KY 40505 (LRC) 502-564-8100 (Work) 270-597-6049 (LRC) 502-564-8100 (Home) 859-371-8840 Russ A. Meyer (39) (Home) 859-299-2597 (Home FAX) 859-371-4060 106 Lone Oak Drive (16) Dean Schamore (10) Nicholasville, KY 40356 702 Capitol Avenue 120 Ball Park Rd (LRC) 502-564-8100 Annex Room 351B Hardinsburg, KY 40143 Suzanne Miles (7) Frankfort, KY 40601 (LRC) 502-564-8100 PO Box 21592 (LRC) 502-564-8100 Owensboro, KY 42304 (Home) 270-265-3163 (41) (LRC) 502-564-8100 (Home FAX) 270-265-3164 702 Capitol Avenue Phillip Pratt (62) Annex Room 432C Charles Miller (28) 702 Capitol Avenue Frankfort, KY 40601 3608 Gateview Cir Annex Room 316A (LRC) 502-564-8100 Louisville, KY 40272 Frankfort, KY 40601 (LRC) 502-564-8100 (LRC) 502-564-8100 (Home) 502-937-7788

6 2017 Interim LEGISLATIVE RECORD 2017 Kentucky LRC General Assembly Publications Price List (71) Tommy Turner (85) PO Box 138 175 Clifty Grove Church Lancaster, KY 40444 Somerset, KY 42501 Daily Record Pickup: $82.50 (LRC) 502-564-8100 (LRC) 502-564-8100 (65) (Home) 606-274-5175 Daily Record Mailed: $82.50 (plus 112 W 11th St Covington, KY 41011 postage) (LRC) 502-564-8100 Ken Upchurch (52) (Home) 859-581-6521 PO Box 969 Friday Record Mailed: $30.25 (plus (Home FAX) 859-261-6582 Monticello, KY 42633 (Work) 859-261-6577 (LRC) 502-564-8100 postage) John Sims Jr (70) (Home) 606-340-8490 Individual Record Pickup: $2.75 702 Capitol Avenue Annex Room 429C Individual Record Mailed: $2.75 (plus Frankfort, KY 40601 (LRC) 502-564-8100 (3) postage) (Home) 606-748-1839 4317 Pines Rd Paducah, KY 42001 Kevin Sinnette (100) (LRC) 502-564-8100 PO Box 1358 (Home) 270-558-5139 Bills Ashland KY 41105 (35) (LRC) 502-564-8100 1280 Royal Ave Complete Set of Bills and Resolutions (Home) 606-324-5711 Louisville, KY 40204 (Home FAX) 606-329-1430 (LRC) 502-564-8100 (Pick-up): $425.00 (Work) 502-303-3732 Diane St. Onge (63) (26) Individual Bills Per Page: $.05 523 Kluemper Court PO Box 6605 Amendments Per Page: $.05 Fort Wright KY 41011 Shepherdsville, KY 40165 (LRC) 502-564-8100 (LRC) 502-564-8100 Roll Call Votes: $.15 Per Page (Home) 859-341-1231 (Home) 502-543-8209 III (86) Scott Wells (97) 545 KY 223 702 Capitol Avenue Flat Lick, KY 40935 Annex Room 413D Publications (LRC) 502-564-8100 Frankfort, KY 40601 (Home) 606-542-5210 (LRC) 502-564-8100 1-10 copies: Free (plus postage, if (22) 1481 Jefferson School Road mailed) Scottsville, KY 42164 (79) (LRC) 502-564-8100 PO Box 22778 Copies over 10: ($1.00 per copy, plus (Home) 270-622-5054 Lexington, KY 40522 (LRC) 502-564-8100 postage if mailed) Walker Thomas (8) (Work) 859-266-7581 702 Capitol Avenue Addia Wuchner (66) Annex Room 413F PO Box 911 Administrative Regulations Frankfort, KY 40601 Burlington, KY 41005 (LRC) 502-564-8100 (LRC) 502-564-8100 Bound Volumes: $253.12 (Home) 270-889-8091 (Work) 859-525-6698 (Home FAX) 270-885-5335 (96) PO Box 591 Administrative Register: $120.00 James Tipton (53) Grayson, KY 41143 Volumes and Register: $373.12 8151 Little Mount Rd (LRC) 502-564-8100 Taylorsville, KY 40071 (Work) 606-474-7263 (Work FAX) 606-474-7638 (LRC) 502-564-8100 Acts of the General Assembly

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THE KENTUCKY GENERAL ASSEMBLY 7 Committee Meetings

Interim Joint Committee on license bill, and a bill requiring background Index Judiciary checks for childcare providers. Minutes of the 1st Meeting Representative Wuchner explained that 2017 A of the 2017 Interim RS HB 129 was a bill that would require those who Administrative Regulation Review Subcommittee, 33 June 7, 2017 have been convicted of a crime against a child to Agriculture, 18 Call to Order and Roll Call register on a public registry. This registry would C The 1st meeting of the Interim Joint be maintained by KSP, and would be a website Capital Planning Advisory Board, 38 Committee on Judiciary was held on Wednesday, similar to the sex offender registry. Parents, Capital Projects and Bond Oversight, 40 June 7, 2017, at 9:00 AM, in Covington, KY. family members, and childcare providers would Representative Joseph M. Fischer, Chair, called be able to check this registry when needed. Due E the meeting to order, and the secretary called the to the various types of child abuse, Ms. Wagers Economic Development and Workforce Investment, 12, 24 roll. explained that judges would have discretion Education, 27 Present were: when it came to ordering someone to register, Education Assessment and Accountability Review Members: Representative Joseph M. Fischer, and discretion about the time frame that they Subcommittee, 43 Co-Chair; Senators Joe Bowen, Danny Carroll, would be on the registry for. Perry B. Clark, Ray S. Jones II, Alice Forgy Kerr, Ms. Wagers explained how this registry G Government Contract Review Committee, 46 and Wil Schroder; Representatives Larry Brown, would be funded. The bill provided that Tom Burch, McKenzie Cantrell, Daniel Elliott, $25 would come out of each misdemeanor H Angie Hatton, Joni L. Jenkins, Chad McCoy, expungement petition fee and $250 would come Health and Welfare and Family Services, 15 Kimberly Poore Moser, Jason Nemes, Darryl T. out of each felony expungement petition fee. Ms. Owens, Jason Petrie, and Brandon Reed. Wagers stated that, based on current numbers, J Judiciary, 8, 26 Guests: Representative Addia Wuchner, KSP believes these amounts would raise $300,000 Representative Kim Moser, Jennifer Diaz, Sophie and make funding this registry possible. L Diaz, Heather Wagers, Lt. Lawrence Newton, Ms. Diaz discussed Sophie’s story. She Licensing, Occupations and Administrative Regu- Mike Hammons, Lt. Colonel Mark Brandt, explained how her daughter was abused lations, 11 Jennifer Hunter, Kristie Blanchet, Judge Julie by her babysitter. Sophie survived without Local Government, 20 Reinhardt Ward, Mary Decker, and Anna Stark. lifelong injuries, but Ms. Diaz explained to the S LRC Staff: Katie Comstock, Alice Lyon, committee that many children are not as lucky State Government, 21 Chandani Kemper, Dale Hardy, Crystal Allen, as her daughter. In 2016, Kentucky had several Brian Lock, Matt Trebelhorn, and Elishea child fatalities as a result of abuse, five out of nine T Schweickart. of those child fatalities involved people who had Transportation, 30 Welcome history with the Cabinet for Health and Family V Gene Kirchner, with the Northern Kentucky Services. Ms. Diaz strongly urged the General Veterans, Military Affairs and Public Protection, 10 Chamber of Commerce, gave a brief welcome to Assembly to consider this legislation so that the committee members. children in Kentucky can be further protected. Child Abuse Offender Registry: 17 RS HB Responding to a question from 129 Representative Jenkins, Ms. Wagers stated that Representative Wuchner, sponsor of 17 RS the only way an individual would be on this HB 129, discussed the bill’s concept and goals. registry is if he or she was convicted of a crime Jennifer Diaz, the mother of a child abuse against a child and was placed on the registry by survivor, Sophie; Heather Wagers, Staff Attorney the court. for the Kentucky State Police (KSP); Lt. Lawrence Responding to a question from Senator Newton, KSP Criminal Identification and Schroder, Representative Wuchner stated that Records Branch; and Mike Hammons, Senior the registry would not do full background checks Director of Advocacy with Children, INC., also on individuals but would allow immediate access spoke in support of the bill. for anyone to see if an individual has a child Kentucky, as a whole, has produced low child abuse conviction. The Cabinet for Health and protection statistics and higher fatality statistics Family Services supports the bill. due to child abuse and neglect. As a result of Responding to a suggestion from these statistics, the General Assembly has passed Representative Nemes, Representative Wuchner legislation in the past several years to improve stated that she has already begun discussions on the lives of young Kentuckians. Some of this possibly using this registry to help individuals legislation includes the child fatality and near get treatment. fatality external review panel bill, the pediatric Responding to a question from abusive head trauma bill, the foster care driver’s Representative Fischer, Representative Wuchner

8 2017 Interim LEGISLATIVE RECORD stated that Indiana is the only state with a child County Detention Center recognized a need to plan for women once they leave the jail. abuse registry, making Kentucky the second address the heroin problem faced by Northern state to do this if it passes in the 2018 legislative Kentucky. After extensive research, the CDP was There are four stages to this program: session. created where drug addicted inmates can have Stage 1 - Introduction to why someone would Responding to a question from Senator up to six months of treatment while in jail. This resist treatment, methods to rethinking their Carroll, Representative Wuchner stated that she is then followed up by a two year involvement resistance, and the pros and cons of addiction believes the registry will be extremely helpful to with many different agencies so these individuals and recovery. parents, especially those who find themselves in have a better chance at remaining sober. Program Stage 2 - Motivational engagement: Cognitive need of an emergency babysitter. criteria includes: behavioral intervention through motivational Responding to a question from Representative 1. All applicants should be a female Campbell interviewing, which recognizes there will be Burch, Representative Wuchner stated that the County resident; ambivalence in the group, requiring response registry will only reflect individuals who have 2. Immediate alcohol or drug related charges; and redirection. Cognitive restructuring teaches been convicted of a heinous crime against a 3. History of alcohol or drug related charges; recognition and modifications of behavior. child. These crimes include: fetal homicide, 4. Length of incarceration must exceed time Stage 3 - Emotion Regulation: Recognition of criminal homicide, assault and related offenses, necessary to participate in the program; emotions, feelings, and consciousness of self- kidnapping, and family offences to some extent. 5. Must complete the Women’s Risk Needs control. All participants will learn strategies Responding to a question from Senator Assessment and be identified as having a to manage, anger, stress, anxiety, sadness, and Carroll, Representative Wuchner stated that substance use disorder. how to build themselves up from rejection and she hopes that, if this registry is created, it will The cost of this treatment program per failure. Social skills and problem solving are also someday list move-in offenders. Because this participant is $8800, which is lower than the an important part of this stage. type of registry is new though, she does not know cost of these offenders being re-jailed for further Stage 4 - Success Planning: Develop a plan, when out of state offenders would be added to it. drug offences. Lt. Colonel Brandt stated that this stay on track and positively handle a barrier or Responding to a question from program helps to repair families that have been trigger through rehearsal and presentation, and Representative Jenkins, Representative Wuchner affected by drug use, and integrates women in create accountability with peers. The treatment stated that there would be language added to the this program into the community, which helps team will meet in this stage for preparation of webpage to remind parents and caregivers to be raise these individuals’ chance of success. release from the CDP. careful who is around their children, regardless if Judge Ward, with the Campbell County This program is also set up to help the families of they are listed on the registry. Circuit Court, also spoke in support of this these women, especially their children. Responding to a question from drug treatment program. She stated one of Many different agencies work with the CDP Representative Elliott, Ms. Wagers stated that the the things that she appreciates the most from to provide support for women once they leave the bill would not include cases covered under KRS this program is that these woman are getting a jail. One of these program partners is St. Elizabeth Chapter 620. chance they most likely would not otherwise get. Medical Center, who provides parenting classes Pathway to Addiction Treatment in Jail She stated that despite popular belief, most jails for all women in the CDP. Participants interested Representative Kim Moser discussed do not usually offer any type of drug treatment. in Vivitrol will be connected to St. Elizabeth the Chemical Dependency Program (CDP) Judge Ward stated that participants in this Addiction Services the same day of release. CDP in the Campbell County Detention Center. program are women who have been sentenced is also partnered with the Northern Kentucky Representative Moser stated that CDP reduces to incarceration because it is believed that Community Action Commission, which helps relapse and recidivism, and promotes sustainable they cannot be managed (at that time) in their participants with financial classes, continued recovery. Lt. Colonel Mark Brandt, Chief Deputy communities, but CDP gets them the treatment education, Medicaid enrollment (if needed), and of the Campbell County Detention Center; they need and gets them back into society. An in house financial readiness classes. Jennifer Hunter, Director of Clinical Services individual voluntarily placed in this program will Ms. Hunter spoke about how the women and at the Northern Kentucky Health Department; be incarcerated in treatment for 6 months. This children of the CDP participants are connected Kristie Blanchet, Campbell County Detention is a longer incarceration time than many inmates with Northern Kentucky Health Department Center Chemical Dependency Program receive when serving jail time alone without (NKHD) Nurses and Greater Cincinnati Manager; Judge Julie Reinhardt Ward, Mary treatment. Once released from the program, Behavioral Health Services through a safety net Decker, Brighton Center; and Anna Stark, individuals will then be placed on probation and program. This is a program that lasts for two Greater Cincinnati Behavioral Health Services, will receive one-on-one individualized attention years after a woman is released from the CDP. The also spoke on the panel with Representative so that they can be successful in their sobriety safety net program allows the health department Moser. and their lives. to accomplish several things with the women, One hundred twenty-nine people die every Ms. Blanchet stated that a lot of research and their families, in the CDP program. Some of day in the United States due to opioid use went into the CDP. The goal is to serve the the services the NKHD provides includes: focus disorder. In 2016 alone, 1,500 Kentucky residents population of inmates that was really lacking, on assisting the women and their children with died of heroin overdoses. Opioid use disorders which is women. When this program was public health and medical needs once released, also stretch many of Kentucky’s systems thin, started, curriculum and risk assessments home visits, clinic visits, and assessing priority including the justice system, child protective were all considered. The Women’s Risk Needs medical needs of the woman and their children services, healthcare systems, and Medicare. Assessment, a gender responsive assessment and linking them to proper care. Eighty-three percent of Kentucky inmates are tool developed by the University of Cincinnati, Ms. Decker spoke about the Brighton Center. incarcerated on a drug related charge, and is used to assess women for placement in the The vison of the Brighton Center is to help Kentucky has the highest rate of children with program. This assessment is also paired with a women in the CDP move from crises to stability, incarcerated parents. curriculum that is gender neutral, but works well then to self-sufficiency. Brighton Center engages Lt. Colonel Brandt said that the Campbell with developing an individualized treatment with the women while they are still incarcerated, THE KENTUCKY GENERAL ASSEMBLY 9 using meetings and an initial assessment to know roll. strategically in order to gain inter-agency, inter- how they can help each CDP participant. Present were: governmental and public-private partnership Ms. Stark spoke about Greater Cincinnati Members: Senator Albert Robinson, Co- support for strong military advocacy. The desired Behavioral Health Services role in this program. Chair; Representative Tim Moore, Co-Chair; outcomes from the strategic goals include grow Greater Cincinnati Behavioral Health Services Senators C.B. Embry Jr., Ernie Harris, Dennis military personnel missions/functions, increase provides the women with mental health and Parrett, Wil Schroder, and Mike Wilson; defense economy by $2 billion dollars, fill substance abuse services once they are released Representatives Robert Benvenuti III, Regina Kentucky critical job shortages, expand military from the facility. The agency provides mental Bunch, Tom Burch, Jeffery Donohue, Myron legislative benefits and population, and gain health needs to children and families of the Dossett, Jeff Greer, Mark Hart, Dan Johnson, DJ advocacy with all stakeholders. participants if they are in a family home. Services Johnson, Donna Mayfield, Ruth Ann Palumbo, Colonel Hedges discussed the KY model for provided are trauma informed. Services provided Brandon Reed, Rob Rothenburger, Dean transitioning service members, veterans, and by Greater Cincinnati Behavioral Health Services Schamore, and Walker Thomas. spouses. To achieve successful transitioning, it is are partially reimbursed by Medicaid, with a cost Guests: Chief Jeff Pohlman, Alexandria important to synchronize effort and cooperation of about $100.00 per hour. Any cost that is more Fire Department; Col. (Ret.) Blaine Hedges, by all stakeholders, determine state cabinet than Medicaid reimbursement is covered by Executive Director, Stacey Shane, Executive responsibilities and gain buy-in/ownership, United Way and fundraising. Assistant, Kentucky Commission on Military develop a comprehensive national recruitment Responding to a question from Senator Affairs (KCMA); and Heather French Henry, strategy-face of Kentucky, emphasize and execute Schroder, Judge Ward stated that judges have Deputy Director, Kentucky Department of a strategic level communication plan, use best discretion on whether a person should be in the Veterans Affairs (KDVA). practice accelerated existing programs, tap into program longer than six months. LRC Staff: Erica Warren, Jessica Zeh, the transitioning service member markets across Responding to a question from Jonathan Philpot, and Rhonda Schierer. the state and the nation, make Kentucky most Representative Cantrell, Representative Moser Distinguished Veteran military friendly state in the nation, and target stated that she hopes these services continue Chief Jeff Pohlman from the Alexandria Fire and promote military spouse employment. despite the uncertainty with the future of Department was recognized as a distinguished Phase I will be creating the Kentucky Service Medicaid. veteran. He gave a brief description of his Members/Veterans Career Transition Centers to Responding to a question from position and led the committee in the Pledge of partner with service members transitioning out Representative Jenkins, Lt. Colonel Brandt Allegiance. of the military service to build upon increasing stated that, due to limited funding and space, Kentucky Commission on Military Affairs military residency population and a qualified the program is only available to inmates who are Briefing workforce. The Fort Knox Career Skills Program the least threat to the community and the most Col. Blaine Hedges, Executive Director for will focus on mid-senior level management for a successful. the Kentucky Commission on Military Affairs fellowship program, Lean Six Sigma certification, Responding to a question from Senator (KCMA), gave a PowerPoint presentation on project manager program certification, and Carroll, Ms. Blanchet stated that the women in KCMA’s vision, mission, strategic goals, and entrepreneurial training. Fort Campbell Career the program are seen by a psychiatrist, who may desired outcomes. Colonel Hedges stated that Skills Program will focus on veterans who prescribe medication for their mental health, KCMA’s vision is to ensure that Kentucky achieves are 20-26 years of age and include veterans in and the women are closely monitored to make its full potential in supporting and partnering piping, mechatronics, hiring our hero’s corporate sure they are not being overmedicated. with our military while creating enduring fellowship, Tiller Transition to Trades HVAC, Responding to a question from economic opportunity for the Commonwealth. Plumbing, Electrical, and Microsoft. Colonel Representative Owens, Lt. Colonel Brandt stated KCMA’s mission is guided by Kentucky statute Hedges added that Phase I is Career Skills that the CDP program currently has 20 beds and the KCMA addresses all matters of military Synchronization, Phase II is Establish Career with a goal of expanding to soon expand to 40 significance by advising and nesting efforts with Transition Centers, and Phase III is Incorporate beds. Responding to a follow up question from key stake holders, protecting and growing our Civilians. Representative Owens, Ms. Hunter stated that military installations and activities, expanding In response to a question from Chairman she believes the nurses are able to carry the large its defense-related industry, and improving the Moore, Colonel Hedges explained that tax caseloads. quality of life for our service members, veterans, reform would be a way for legislators to help There being no further business, the and their families in order to fulfill an obligation craft policy. He stated that he would like to have meeting was adjourned at 10:35 PM. of never-ending support to our military a study completed from property taxes to fishing population and the citizens of Kentucky. Colonel licenses and then present them to the legislature. Interim Joint Committee on Hedges explained that the end goal is to grow World War I Centennial Events Update Veterans, Military Affairs, our installations and National Guard missions, Heather French Henry, Deputy Director, and Public Protection functions, and personnel end-strength and to Kentucky Department of Veterans Affairs Minutes of the 1st Meeting increase Kentucky’s $12 billion dollar defense (KDVA), gave a PowerPoint presentation on the of the 2017 Interim economic impact by $2 billion. WWI Centennial Committee. There are 27 local, June 8, 2017 KCMA’s strategic goals are to protect and state, and national organizations represented on Call to Order and Roll Call grow DoD installations and activities; expand the KY WWI Centennial Committee. The names The 1st meeting of the Interim Joint economic impact of Kentucky’s defense-related of these 27 are listed in the PowerPoint which Committee on Veterans, Military Affairs, and industry; develop and implement the model for is a part of this official record. The Kentucky Public Protection was held on Thursday, June transitioning service members, veterans, and WWI Centennial Committee has embarked on 8, 2017, at 1:00 PM, in Room 154 of the Capitol spouses; establish Kentucky as the most military a three-year commemorative effort to remember Annex. Representative Tim Moore, Chair, called friendly state in the nation and grow veteran and honor Kentucky’s role in “The Great War.” the meeting to order, and the secretary called the and retiree populations; and to communicate The commemoration begins April 6, 2017 and

10 2017 Interim LEGISLATIVE RECORD will conclude in the summer of 2019 with dates roll. responsible for supervising the regulatory board being highlighted throughout. The mission is Present were: is comprised of active market participants in to promote events, highlight important historic Members: Representative Adam Koenig, Co- the occupation the board regulates; a state dates, and to honor our military and civilians Chair; Senators Joe Bowen, Jimmy Higdon, Paul official monitors the actions of the regulatory who served and gave the ultimate sacrifice for Hornback, Ray S. Jones II, Christian McDaniel, board but lacks the authority to disapprove our freedoms. Dan “Malano” Seum, and Damon Thayer; anti-competitive acts; a state official monitors Deputy Commissioner Henry told of Representatives Al Gentry, Dennis Keene, Chad the actions of the regulatory board but lacks the three important historical dates: April 6, 1917 McCoy, Jerry T. Miller, Kimberly Poore Moser, authority to disapprove anticompetitive acts; a – US Entrance into WWI, November 3, 1917 David Osborne, Sal Santoro, Arnold Simpson, state official serves as an ex-officio member of - Camp Zachary Taylor opens in Louisville Diane St. Onge, Walker Thomas, and Susan the board but lacks the authority to disapprove and November 11, 1918 – Armistice Day. She Westrom. competitive acts; and the state’s attorney general discussed the statewide proclamations and WWI Guests: Representative Jill York, or another state official provides advice to the opinion editorials. Representative Phil Moffett, Secretaryregulatory board on an ongoing basis, but has In an effort to add an interactive component David Dickerson, Deputy Secretary Gail nothing more than advisory powers. to this commemoration, KDVA has developed Russell, General Counsel Barry Dunn, and Gail Russell, Deputy Secretary, Cabinet for the KY WWI Poppy Project. Poppies have been Communications Director Elizabeth Kuhn, Public Protection discussed options other states the symbol of remembrance dating back to WWI Public Protection Cabinet; Bill Woodward, Ohio have tried. One was about citizen advocacy in 1915 when Lieutenant Colonel John McCrae Iron Workers; Hunter Limbaugh, Southeastern centers, but the Cabinet did not like their was inspired by the sight of poppies growing in Counsel, Wine Institute. solutions and do not feel they are palatable fields which led him to write the famous poem, LRC Staff: Tom Hewlett, Jasmine Williams, to the Cabinet. Other suggestions the cabinet “In Flanders Field.” The KY Poppy Project goals Melissa McQueen, and Cindy Smith. considered but didn’t agree with include; public are to collect as many poppies as possible; to add member majorities on boards, rather than the “Poppy Wall” at the 2017 KY State Fair; and to Minutes having a majority of the board composed of line the Capitol steps with thousands of poppies The minutes of the December 15, 2016 professionals from the licensed industry, multi- to close out the KY WWI Commemoration in meeting were approved without objection. party board membership, an umbrella board 2019. The KY WWI displays at this year’s state North Carolina State Board of Dental with broad policy oversight, an independent fair will include an 80’ x 119’ exhibit in the South Examiners v. Federal Trade Commission review board to oversee rules making, majority Wing Educational Area, Camp Zachary Taylor David Dickerson, Secretary, Cabinet for public review board for scope of practice actions, barracks by Home Depot, an interactive trench Public Protection said the need to reorganize the making boards advisory only, expanding the display, and a poppy wall. Fairgoers will make makeup of state boards and commissions, and powers of sunrise/sunset review, and giving the poppies to add to the wall in honor of our WWI the oversight structure for them is to ensure free attorney general additional oversight powers. heroes. All of these projects and exhibits have markets and bolster competition; to promote Mr. Dunn spoke about other states’ been made possible with donations and help from Kentucky professionals and businesses; to reaction to the case. Some states have proposed many agencies, corporations, and individuals. achieve cost savings; and to improve compliance. legislation and Executive Orders to deal with The KDVA and Deputy Commissioner French Barry Dunn, General Counsel, Cabinet for the issue and those are being studied. There Henry have managed all of this on a budget of Public Protection discussed the North Carolina have been conversations with those that do zero dollars. State Board of Dental Examiners v. Federal Trade professional licensing in Illinois, Ohio, West Other Business Commission. He said the lawsuit resulted in a Virginia, Virginia, Missouri, and other states. Chairman Moore announced that the 2015 U.S. Supreme Court 6-3 decision. The North In Kentucky, the boards that make up this Veterans, Military Affairs, and Public Protection Carolina Dental Board sent cease-and-decision proposed reorganization license are roughly Interim Joint Committee will meet in August letters to non-dentists that were engaging in teeth 300,000 people, with about 150 employees doing at the new Radcliff Veteran’s Center and will be whitening practices. The Board said this action that licensing. In Indiana, approximately 500,000 touring Fort Knox. Staff will notify members of constituted the practice of dentistry because people are licensed with 84 employees doing that the specific August date after it is approved. there was a service that was being provided. The licensing. Some other states have super boards. There being no further business, the meeting court found that boards comprised of market Secretary Dickerson said the state licensing was adjourned. participants that include board members who boards will maintain their individual identities. hold active licenses in the field regulated by Similar boards will be grouped together under Interim Joint Committee on the board must be supervised by the state. an authority which shall be headed by an Licensing, Occupations, and Implications for state licensing boards include, executive director. The executive director will Administrative Regulations if a board is not actively supervised by the state, provide active state supervision to each group Minutes of the 1st Meeting the board could be held liable for potential anti- under the authority. Each board will continue of the 2017 Interim trust actions. Potentially, board members may to regulate and license its respective profession June 7, 2017 be subject to personal liability. There were no with oversight from the executive director and Call to Order and Roll Call personal damages in the North Carolina case. commissioner of the Department of Professional The 1st meeting of the Interim Joint However, since this case there has been a rash of Licensing within PPC. Committee on Licensing, Occupations, and litigation that has been brought throughout the In response to a question by Senator Thayer, Administrative Regulations was held on country. In many states there have been lawsuits Secretary Dickerson said their plan is to do Wednesday, June 7, 2017, at 10:30 AM, at against boards and board members. the reorganization by Executive Order within the Northern Kentucky Convention Center. Mr. Dunn discussed FTC guidance. He a few weeks. This will give them a six month Representative Adam Koenig, Chair, called the said the following do not constitute active state window to do the vetting on things before the meeting to order, and the secretary called the oversight according to the FTC: the entity next legislative session. They are deferring to the THE KENTUCKY GENERAL ASSEMBLY 11 General Assembly, once it convenes, to codify very well in Ohio. Mr. Woodward also discussed The three-tier system does come with the plan. They just want some time to make it fake welding tests and facilities, and showed the concerns and flaws. Currently small farm work before the final decision comes from the members examples of good and bad welding. wineries can ship using UPS or FedEx directly to General Assembly. Next, Representative York shared what the consumer who orders product online or over In response to a question by Senator Jones, is at risk. She said the risk includes children the phone. The winery collects and remits all Secretary Dickerson said this will be rolled out and student safety, public safety, worker applicable 3-tiers of taxation. This is an exception in multiple executive orders within the next 30 safety, confidence in Kentucky construction, to the usual concept of a three-tier system. days. confidence in oversight by state government, If direct shipping was extended to other In response to a question by Senator Jones, and taxpayer dollars. She said what needs to producers, licensees should be required to Secretary Dickerson said the potential does exist happen is legislation needs to be passed to submit periodic reporting to ABC, and fees for the existing executive director to stay in his enforce standards when they are included in jobs should cover the costs of ABC’s increased position. Each board will have its own executive specs, and to change the enforcement of building monitoring needs, to include GIS system access, director or will each have an administrative codes to require contractors to used accredited license administration, and enforcement. coordinator if the oversight umbrella dictates testing facilities and accredited inspectors. The Hunter Limbaugh, Southeast Counsel, Wine that. bill requires the use of accredited AWS testing Institute said the Wine Institute is in favor of In response to a question by Senator Jones, facilities, provides oversight through third-party direct shipment of wines, and there are currently Secretary Dickerson said existing employees are testing, and requires AWS qualified welders on 44 states that allow instant direct shipping of non-merit employees, and are subject to at-will structural steel construction. wines. Kentucky does not allow it to be direct employment. The ultimate decision will come In response to a question by Representative shipped from out of state. He would like to see from the Secretary. Miller, Representative York said the bill does not Kentucky pass model legislation to direct ship. In response to a question by Senator Jones, affect the problem of too few on-site inspections. Because of the consolidation in the wholesale Secretary Dickerson said there has to be an HB 298 (17RS BR 1159), AN ACT relating tier, there are fewer wholesalers through which ultimate appointing authority somewhere. to alcoholic beverages. they can sell their products. Presently the authority for PPC is the secretary. Representative Phil Moffett discussed direct In response to a question by Representative The secretary has the authority to designate that. shipment of alcohol. He said in 1933 prohibition Koenig, Mr. Limbaugh said there are over 8,000 In some cases there are already good manager at ended, and a 3 tier system was put in place to licensed producers of wine in the nation, and he the boards. protect the public and promote economic would imagine there are over 50,000 different HB 444 (17RS BR 1532), AN ACT relating growth. This prohibits one tier from owning wine labels. to welding safety. an interest in another tier. In 1991 the internet Representative Osborne noted that attitudes Representative Jill York, sponsor, said opened for commercial use and then Amazon have changed over direct shipment of wine and structural steel welding is a heating process which started in 1995. Internet eCommerce changes availability is continuing to increase and he think bonds metals. Accreditation of welders and everything. You can buy from anywhere in there will be additional support on the issue. inspectors is important. Construction contracts the world and have it shipped to your house. Representative St. Onge said this is an issue for projects involving steel erection often contain The alcoholic beverage industry is booming, whose time has come and there needs to be fair language that requires contractors to provide and changing quickly. The question is, should treatment of all industries across the board. certification that all welders performing work on Kentucky capitalize on eCommerce? If yes, With no further business, the meeting was the project have been tested to meet AWS D1.1 Kentucky needs to consider modifying the 3 adjourned at 11:50 a.m. standards. This standard defines the protocol tier model to allow a more robust expansion of that must be used for welder qualification and Instant Direct Shipments of alcoholic beverages Interim Joint Committee on it uses nationally recognized AMS Codes which across the nation. There are currently 47 states Economic Development and represent the bulk of welding performed in the allowing instant direct shipment of wine, 26 Workforce Investment industry. For projects owned by public entities that allow instant direct ship of beer, and 17 Minutes of the 1st Meeting contractors who perform welding on those that allow all spirits. The 3-tier system was put of the 2017 Interim projects must submit qualifications for any welder in for accountability. A big part of that was local June 15, 2017 who will work on the project. Unfortunately, accountability. The State ABC accountability is Call to Order and Roll Call this criteria for certification and inspection is compliance checks and audits. Instant direct ship The 1st meeting of the Interim Joint component written into job specifications and is not a new concept. It goes back to 1861. The Committee on Economic Development and is not required by law. Some people break rules internet is just a modern representation of the Workforce Investment was held on Thursday, and endanger others, and this has been seen in mail order catalog from the 1800s. June 15, 2017, at 10:00 AM, in Room 154 of the Kentucky where some projects fail during the There is recent case law that has changed Capitol Annex. Senator Alice Forgy Kerr, Chair, construction process. Problems include; falsified the 3-tier system. Granholm v. Heald where the called the meeting to order, and the secretary welding certification and testing, mail in welding courts ruled in favor of the consumers saying called the roll. test facilities, too few on-site inspections, that states have broad discretion to regulate Present were: structure collapse, and increased cost. Due to production, transportation and sale of alcoholic Members: Senator Alice Forgy Kerr, Co- fake welding tests and facilities, a puppy was beverages but the Commerce Clause suggests Chair; Representative Jim DeCesare, Co- issued a certification paper from a fraudulent states can’t be anti-competitive against out-of- Chair; Senators Perry B. Clark, Rick Girdler, testing facility. state interests without Congressional approval. Denise Harper Angel, Ernie Harris, Jimmy Bill Woodward, District Counsel President, In another case, Huber Winery v. Wilcher from Higdon, Stephen Meredith, Wil Schroder, United Iron Worker of Southern Ohio said there 2006, the court ruled with Huber Winery saying Reginald Thomas, Mike Wilson, and Max is great support in Ohio from all the faculties that that the in-person sale requirement was anti- Wise; Representatives Lynn Bechler, McKenzie have anything to do with welding, so it is going competitive. This was upheld on appeal. Cantrell, Daniel Elliott, Al Gentry, Toby Herald,

12 2017 Interim LEGISLATIVE RECORD Dennis Horlander, Joni L. Jenkins, James Kay, population of 20,000 or more. Each investment a targeted employment area. Kim King, Russ A. Meyer, Jason Nemes, Jason must create 10 or more jobs. According to Ms. Replying to Representative Jason Petrie, Petrie, Steve Riley, Rob Rothenburger, Wilson Allen, the EB-5 program offers a lower cost of Ms. Allen said that recently there has been Stone, Russell Webber, and Addia Wuchner. funds with an interest term of five to six years, negative attention drawn towards the EB-5 Guests: Lynn Allen, CEO, Bluegrass which enables the project to stabilize and produce program because the United States Citizenship International Fund; Brad Cowgill, Board Member, returns. In exchange for their investment, the and Immigration Services, who is responsible Bluegrass International Fund; John Bevington, foreign investors, who are evaluated under the for screening investors, set a relatively low bar Deputy Commission for Business Development, Department of Homeland Security, may receive for participants of the program. This led to Cabinet for Economic Development; and visas for themselves, their spouses and children gerrymandering of the targeted employment Caroline Boeh Baesler, Executive Director/ under the age of 21 after it has been proven that area definition and the program as a whole. General Counsel, Office of Legal Services, the project has produced the required 10 or more However, Ms. Allen explained that BIF has been Cabinet for Economic Development. jobs. Despite the investment, the investor does working with Senator McConnell, Senator Paul, LRC Staff: Carla Montgomery, Andrew not hold ownership on any completed project. Senator Cornyn and Senator Grassley to help Manno, and Sasche Allen. The total project cost is comprised of the 30 pass sweeping reform in September 2017. As a Bluegrass International Fund percent EB-5 loan, the 20 percent sponsor equity result, this reform would make Kentucky even Lynn Allen, CEO, and Brad Cowgill, and the 50 percent senior loan. The money is more attractive to investors because the targeted Board Member, of the Bluegrass International received by BIF from the investor and then employment area definition would no longer be Fund (BIF), spoke about their company, which loaned to the developers of the project. able to be gerrymandered. Mr. Cowgill added uses global investors to fund developmental There have been numerous projects that the eligibility criteria for a project were projects which in turn create local jobs. Mr. across the country that have used the EB-5 permitted by the original legislation to be set by Cowgill, a founding member of the Bluegrass program because the program can lend the states and not by the federal government, but International Fund, stated that the committee against alternative revenue streams, replace with reform there will be stricter controls on the should become more familiar with the successful taxable bonds, and replace higher cost equity federal level for defining a targeted employment federal program called EB-5 that the BIF utilizes or mezzanine. The program works well with area. to allocate individual wealth from foreign federal, state and local sources. Entities that have Answering a question from countries to large development projects within used this program include the University Of Representative McKenzie Cantrell, Ms. Allen the United States. Since 2008 the EB-5 Program Pennsylvania School Of Medicine, the University described the type of investors that apply for has allowed for approximately $19.8 billion of of Maryland, the University of Miami and employment based visas. She said they are mostly individual investments into projects across the several charter schools. After considering these entrepreneurs in their native countries that want country, which have been mostly through public/ and other successful projects, one of BIF’s goals to escape political or religious oppression, or private partnership projects. He said that foreign is to work with investors that want to transform may have the desire for their children to attend investors are eager to invest and participate in the Kentucky’s state parks into productive tourist American schools and universities. They make EB-5 program within Kentucky, but the state has destinations. The company also has ideas to use investments with the ultimate incentive of not previously had a licensed regional center to the EB-5 program to improve the former State receiving a green card. She further explained that act as liaison between the individual candidates Fairgrounds and Exposition Center in Louisville. the investors give BIF a minimum of $500,000, for investor visa status and worthy construction BIF’s mission is to create large scale and which is placed in an escrow account for up to projects in the state. The Bluegrass International sustainable economic growth with total project 18 months while the United States Citizenship Fund was created specifically for this purpose. costs of at least $30 million and a loan minimum and Immigration Services screens investors. Ms. Allen explained the Employment of $10 million. Ms. Allen closed by mentioning Once the investor is approved, the investment is Based Visa Program, or EB-5, was created by several partnering economic development released to the developer. Investors come from Congress in 1990 but it was not until most recent organizations throughout Kentucky that help places such as China, Egypt and Brazil. recession around 2008 that the program began BIF identify potential projects throughout the Senator Stephen Meredith commented to grow, especially in states on the east and west state. that he was unsure of the potential of the EB-5 coasts. However, states such as Texas, Florida, Answering a question from program due to things like high project costs Michigan and Arkansas have begun to establish Representative Kim King, Ms. Allen said that and gerrymandering of unemployment rates, licensed regional centers to take advantage of BIF would be able to assist with the development which would not work to the advantage of rural the EB-5 program. She highlighted the fact that of new state parks and improvements of existing areas of Kentucky. He said more concentration Kentucky does not have large banking centers, state parks. Responding to a follow up question should be given to workforce participation rates foundations or private equity and mezzanine also regarding state parks, she said potential by county in the state, as the unemployment rate funds. Therefore, BIF believes the EB-5 program partnerships could be with a public entity or can be misleading. Mr. Cowgill responded by will bring much needed low-cost capital to private developer. stating that although the program would not be statewide projects, creating jobs in rural and Responding to Senator Wil Schroder, fitting of all projects in Kentucky, it could have a distressed urban areas. Ms. Allen said that BIF uses census tracts to positive effect on economic growth for the state A foreign investor has the option to invest determine unemployment rates of targeted as a whole. Because there is a limited number of $500,000 or $1 million, but the $500,000 must employment areas. Mr. Cowgill added that employment based visas issued, Kentucky would be in a targeted employment area. A targeted the EB-5 program can be used anywhere in be able compete with projects across America employment area is a location that reflects an the state, but the federal regulations have for investments among the limited number of unemployment rate of 150 percent of the national certain stipulations that distinguish a targeted individuals that qualify to invest funds under average. Another type of targeted employment employment area from a non-target employment the EB-5 program. Ms. Allen reiterated that BIF area is a rural targeted employment area, which area. He said Kentucky is ideal for this program expects for reforming legislation to be passed in is a location outside of a major town with a due to the amount of areas that would qualify as September 2017 to eliminate gerrymandering. THE KENTUCKY GENERAL ASSEMBLY 13 She also noted that the Kentucky Community met by reaching $5.8 billion in investments and and resources that focus on small businesses and and Technical College System facilities in rural announcing 17,000 new jobs. Expectations still entrepreneurship. Programs will be streamlines areas can benefit from the program. have to be set however by continuing to develop and reduced in areas where there may be an aggressive and targeted marketing campaign, overlapping to increase efficiency. Current small Replying to Representative Addia branding Kentucky as an engineering and business programs will be assessed to maximize Wuchner’s question regarding potential funding manufacturing hub. Toyota has announced a $1.3 the state’s return on investment. Local programs for a workforce training, Ms. Allen said that as billion investment to improve its Georgetown will also be reviewed to ensure talent is being of right now the EB-5 program just finances the location and has solidified 7800 jobs. Amazon retained and new skill sets among Kentucky construction of facilities, but the most attractive announced a $1.5 billion investment to locate workers are being cultivated. investments in the market for investors are its first global air hub in Northern Kentucky and Representative Kim King inquired about generally education related projects such as an addition of 2700 jobs. Braidy Industries has a photo in the Cabinet’s presentation that showed community colleges and charter schools. Mr. made a $1.3 billion investment and will add 550 the Mercer Chamber of Commerce Director. Cowgill said that BIF is involved with projects jobs. The Cabinet also wants to increase foreign Representative Dennis Horlander that are both public and private in nature, and direct investment by 20 percent annually over mentioned the Skills Team USA robotics whether it be a university project or local or state the next 3 years. Kentucky’s total foreign direct program and suggested the Cabinet work with project, those entities are permitted to create investment includes nearly 500 companies the program. Mr. Bevington followed up by their own restrictions. The federal program does from 34 nations employing more than 100,000 highlighting the Cabinet’s partnership with the not have workforce education requirements. people. Mr. Bevington also noted formalizing Innovation Network. Responding to Co-Chair Alice Forgy and enhancing an ongoing existing industry Representative Jason Nemes expressed Kerr, Ms. Allen suggested contacting BIF if there outreach process. his concerns regarding the potential threat to is a project in the committee members’ districts Reaching the second goal the Cabinet Braidy Industries due to developing lawsuits that may be in need of help with financing. has set will include convening CEO business challenging Kentucky’s recent passage of right to Cabinet for Economic Development forums, aligning staffing with current demands, work legislation. Mr. Bevington stated that Craig Update and Goals and enhancing the use of technology for internal Bouchard, Chief Executive Officer and Chairman John Bevington, Deputy Commission and external clients. In doing so, the Cabinet has of the Board of Directors for Braidy Industries, for Business Development, and Caroline held its first business roundtable with executives does recognize the potential risks created by Boeh Baesler, Executive Director and General from varying industries. It is currently rebuilding the lawsuit but will continue to move forward Counsel, for the Office of Legal Services, gave staff in critical areas such as project management, with the project while assessing the situation. a presentation highlighting some of the recent research, financial incentives, graphic design He also noted that Braidy Industries would not accomplishments and progress of the Cabinet and legal. Ms. Allen explained that attaining have announced its project in Greenup County for Economic Development. Ms. Baesler said this goal will involve Governor Bevin’s Red Tape if right to work legislation would not have been that Governor Matt Bevin’s goal is to transform Reduction Initiative, which helps in creating passed. Kentucky into the hub of engineering and a more business friendly environment by Replying to Representative Addia manufacturing in the U.S. Governor Bevin and reviewing and eliminating certain administrative Wuchner, Mr. Bevington said that most the Cabinet Secretary Terry Gill have made regulations. participants of the KY FAME program, about numerous international trips to look at new Mr. Bevington expressed that the two thirds, enter out of high school, but there are opportunities and solidify existing relationships Cabinet’s third goal may be the most difficult some participants that are older workers trying with foreign companies that have located to due to the challenges of developing, attracting to improve skills. Kentucky as well as prospective companies. and retaining a skilled workforce. Efforts include Responding to Senator Jimmy Higdon, Since January 2017 trips have been made to developing comprehensive resource delivery Ms. Allen said that although Secretary Gill and Japan, Germany and Switzerland. There have plans based on state and regional markets, Governor Bevin have had their first roundtable been talks with Chinese, Japanese and Taiwanese expanding registered apprenticeships into the KY meeting with industry executives, they are delegations. Ms. Baesler also acknowledged the FAME chapters, and creating workforce services planning to have more roundtables with large business friendly legislation that was passed team to provide and coordinate workforce industry employers from across the state. They in the 2017 Session that will allow the Cabinet resources for business and industry clients. He are leaving meeting agendas and topics to to achieve the Governor’s vision and draw further explained that the Cabinet has a strong industry executives. international attention and interest in the state. objective of growing the KY FAME program, After Representative Al Gentry Mr. Bevington discussed the Cabinet’s started in 2015, into programs in logistics, inquired about workforce opportunities for goals that were laid out at the beginning of the healthcare and other regional demands. The individuals with disabilities, Mr. Bevington year. The first goal is to surpass the highest level program currently has a graduation rate of 89.2 stated that the Cabinet will be working with of announced capital investment, $5.1 billion, percent and recently saw 232 students graduate employers to determine employee demands. in the state’s history and announce more than with no student debt. The Education and He recommended Representative Gentry 17,000 new jobs. Secondly, the Cabinet would Workforce Development Cabinet will assist the contact Josh Benton, the Executive Director like to move the Commonwealth into the top Cabinet on this aspect. Another component of of Workforce Development, for more specific quartile of business-friendly state rankings. this goal will consist of connecting transitioning programs that may focus on individuals with The third goal is to establish a more integrated military personnel, veterans and spouses to disabilities. Ms. Allen mentioned the Governor’s workforce delivery system within the Cabinet, career opportunities. recently announced task force will be reviewing including talent attraction and retention. Lastly, The final goal of building the state’s areas such as the workforce delivery system and the Cabinet is working towards building out the entrepreneurial community is a continuing increasing workforce participation. state’s entrepreneurial community. focus that the Cabinet previously set for itself. Answering a question from The Cabinet’s first goal has already been The Cabinet will be reviewing all its programs Representative Lynn Bechler, Mr. Bevington

14 2017 Interim LEGISLATIVE RECORD said that the Cabinet’s overseas offices play a L. Jenkins, Mary Lou Marzian, Chad McCoy, Office for Policy and Budget, and Alan Sisk, dual role of being a direct liaison to companies Russ A. Meyer, Kimberly Poore Moser, Melinda Executive Director, Office for Human Resources that may be considering project development Gibbons Prunty, Steve Riley, and Russell Webber. Management, Cabinet for Health and Family in Kentucky and also being a marketing tool for Guest Legislators: Senator Morgan Services, were present for questions. the state. In response to another question from McGarvey and Representative Al Gentry. Representative Bechler, Mr. Bevington said that Guests: Bradley Stevenson, Executive Legislative Hearing on the Community the Veterans and Military Training Center in Director, Shannon Smith, Government Services Block Grant Hopkinsville is still being developed by Kentucky Relations, Child Care Council of Kentucky, A motion to accept the Community Services in partnership with Tennessee. Inc.; Deck Decker, Executive Director, Office Block Grant was made by Senator Alvarado, Senator Mike Wilson voiced the need to of Administrative and Technology Services, seconded by Representative Wuchner, and change the world’s image of Kentucky and the Cabinet for Health and Family Services; Joe approved by voice vote. Elizabeth Caywood, need to attract workers to the state. He also gave Hamilton, Deputy Commissioner, Department Executive Advisor, Department for Community an overview of the positive workforce training for Community Based Services, Cabinet for Based Services, Cabinet for Health and Family initiatives in his district and discussed the SCK Health and Family Services; Christa Bell, Services, was present to answer questions. Launch Initiative. Director, Division of Childcare, Department for Legislative Hearing on the Social Services Responding to Senator Wil Schroder, Community Based Services, Cabinet for Health Block Grant Mr. Bevington said that although autonomous and Family Services; Kathryn M. Callahan, A motion to accept the Social Services Block vehicles are not a currently a concern of the Kentucky State Director, The Humane Society of Grant was made by Senator Alvarado, seconded Cabinet, it may be an opportunity to take the United States; Cynthia Gaskill, DVM, PhD, by Representative Wuchner, and approved advantage of job retraining of current truck DABVT, University of Kentucky Veterinary by voice vote. Elizabeth Caywood, Executive drivers. Diagnostic Laboratory; Cindy Murray, Executive Advisor, Department for Community Based Replying to Co-Chair Jim DeCesare, Mr. Director, Office for Policy and Budget, Cabinet Services, Cabinet for Health and Family Services, Bevington agreed that the Cabinet is continuing for Health and Family Services; Alan Sisk, was present to answer questions. to work with local chambers and economic Executive Director, Office for Human Resources Consideration of Referred Administrative development organizations. Co-Chair DeCesare Management, Cabinet for Health and Family Regulations also discussed future plans of the committee Services; Elizabeth Caywood, Executive Advisor, The following administrative regulations concerning economic development legislation Department for Community Based Services, were available for consideration: 201 KAR and programs. Cabinet for Health and Family Services; Eric 20:056 – establishes the requirements for Ms. Baesler, at the request of the co- Clark, Executive Advisor and Legislative Director, licensure, renewal, and reinstatement, chairs, said Braidy Industries would begin Cabinet for Health and Family Services; David education, and recognition of a national construction the first quarter of 2018 and hiring Lovely, Attorney, Cabinet for Health and Family certifying organization for advanced practice in the third or fourth quarter of 2017. She also Services; Laura Begin, Office for Policy and registered nurses; 201 KAR 20:057 – establishes announced that she would be leaving the Cabinet Budget, Cabinet for Health and Family Services; the scope and standards of practice for an of Economic Development at the end of June Connie White, Senior Deputy Commissioner, advanced practice registered nurse; 900 KAR 2017. Margaret Jones, Laura Harrod, Hollie Sands, and 10:041 – repeals 900 KAR 10:040 and 900 KAR Janet Luttrell, Department for Public Health, 10:050 as these administrative regulations were With no further business to come before the Cabinet for Health and Family Services; Michelle rendered obsolete with the promulgation of 900 committee, the meeting adjourned at 11:50 A.M. Malicoti, Madison County School District; KAR 10:200, Kentucky State Based Exchange Mike Biagi, The Rotunda Group; Patty Swiney, on the federal Platform; and 902 KAR 21:030 - Interim Joint Committee on Past President, Kentucky Academy of Family establishes the Pediatric Cancer and Treatment Health and Welfare and Physicians; Nathan Goldman, Kentucky Board Grant Program. A motion to approve 201 KAR Family Services of Nursing; Arica Brandfom; Michelle Anderson 20:056, 201 KAR 20:057, 900 KAR 10:041, and Minutes of the First Meeting and Pam Cobban, Department for Community 902 KAR 21:030 was made by Senator Alvarado, of the 2017 Interim Based Services, Cabinet for Health and Family seconded by Representative Wuchner, and June 21, 2017 Services; Carol Komara, Kathy Hager, Lois approved by voice vote. Call to Order and Roll Call Davis, Kentucky Nurses Association; Tracy Child Care Assistance Program The first meeting of the Interim Joint Kielman, Kentucky Immunization Coalition; Bradley Stevenson, Executive Director, Child Committee on Health and Welfare and Family Chandra Venettozzi and D.J. Wasson, Office of Care Council of Kentucky, stated that in 1997, Services was held on Wednesday, June 21, 2017, Health Benefit Exchange, Cabinet for Health and the Child Care Assistance Program (CCAP) at 10:00 a.m., in Room 129 of the Capitol Annex. Family Services; and Erika Calihan. was privatized. From 1997 to 2009, the Child Senator , Co-Chair, called the LRC Staff: DeeAnn Wenk, Ben Payne, Care Council (CCC), 4C Louisville, Northern meeting to order at 10:05 a.m., and the secretary Jonathan Scott, Sarah Kidder, Heather Scott, Kentucky ADD, Eastern Kentucky Child Care called the roll. Gina Rigsby, and Becky Lancaster. Coalition, and Audubon Area Community Present were: Legislative Hearing on Executive Order Services contracted to manage CCAP. In 2009 Members: Senator Julie Raque Adams, Co- 2017-269, relating to Establishment and the cabinet released the Request for Proposal Chair; Representative Addia Wuchner, Co-Chair; Operation of the Kentucky Office of Health for the CCAP and awarded the contract to the Senators Ralph Alvarado, Tom Buford, Danny Benefit Exchange Child Care Council. From 2009 to 2012, the Carroll, Julian M. Carroll, Denise Harper Angel, A motion to accept Executive Order 2017- CCC awarded contracts to Bluegrass, Eastern Alice Forgy Kerr, Stephen Meredith, Reginald 269 was made by Senator Julian Carroll, seconded Kentucky, and Northern Kentucky regions Thomas, and Max Wise; Representatives Danny by Representative McCoy, and approved by through a model of centralizing and streamlining Bentley, George Brown Jr, Jim Gooch Jr., Joni voice vote. Cindy Murray, Executive Director, services. KIPDA and Audubon were added THE KENTUCKY GENERAL ASSEMBLY 15 after 2012. All administrative services were separately. In response to questions by Representative centralized in Lexington, Louisville, and The Child Care Development Block Grant Jenkins, Joe Hamilton, Deputy Commissioner, Elizabethtown. Centralized services include a Reauthorization Act of 2014 requires that Department for Community Based Services, call center, provider payments, fraud detection applicants for child care subsidy be informed Cabinet for Health and Family Services, and prevention, registered provider processing, of other types of assistance for which they may stated that the cabinet has not applied for the quality control of eligibility determination, and be eligible. This requirement cannot be met federal Department for Health and Human Web access for services. Since 2009, the CCC under the current CCC contract since its staff Services’ Guardianship Assistance Program. has submitted over 13,000 claims and submitted are not able to make eligibility determinations Ms. Bell stated that from 2013 to 2106, families approximately $24 million for payment. In for other assistance programs. Transition to providing kinship care had access to child care 2009, the contract for CCAP was $8,404,393 Benefind will bring Kentucky into compliance assistance only during the time a protection and $7,167,900 for 2017. The CCC has saved the with this requirement. Benefind will provide and permanency case remained open. In Commonwealth a total of $7,294,467 over the past an enhanced data dashboard for consumers, 2016, with reauthorization requirements the eight years. Of the $7,294,467 saved, $6,213,324 allowing families to view detailed information administrative regulation changed to 12 months was saved since the full statewide centralization about providers, compare options, and make an for eligibility. Families can renew the eligibility was implemented in 2013. The CCC currently informed choice for quality care. Benefind will for however long a family needs child care employs 123 CCAP staff. Approximately 62% of allow for extraction and comparison of data assistance regardless whether the protection and the CCAP staff hold an Associates, Bachelors, or across multiple assistance programs. permanency case remains open. Ms. Caywood Master’s degree. On October 1, 2017, CCAP will In response to questions by Senator Danny stated that the Guardianship Assistance Program be rolled into Benefind. The CCC’s contract with Carroll, Ms. Bell stated that the cost of the under Title III of the Social Security Act is being the Commonwealth will end on December 31, contract versus staffing costs going forward studied to see if it could enhance the array of 2017. should be approximately $3 million. There are services offered to eligible caregivers. The state Christa Bell, Director, Division of Childcare, approximately 2,100 licensed, certified, and would be responsible for a portion of all costs Department for Community Based Services, registered providers statewide. There has been a involved with the program. Cabinet for Health and Family Services, stated decline of providers over the past five years. From In response to questions by Senator Wise, that benefits of including CCAP in Benefind 2012 to 2017, licensed providers has declined Ms. Bell stated that efficiency of services and include increased access for families to move by approximately 300 providers. The cabinet is cost savings are reasons to transition CCAP them toward self-sufficiency, more efficient focused on recruitment efforts in areas statewide into Benefind. CCAP workers only determine customer service, fraud reduction, cost savings, where there is not an adequate pool of providers eligibility for CCAP services, and new federal improved error rates, reduced administrative to meet the needs of the community and has laws require an agency to be able to determine burden, compliance with federal requirements, been in discussions with partnering agencies to eligibility for all public assistance programs. and better quality data. Families will have access try and increase providers to ensure needs are There are no options for a federal waiver, because to an eligibility worker in every county during met statewide. An analysis is being conducted the new federal requirements went into effect in business hours, which is currently not provided. to see if the cost of moving from an attendance the fall of 2016. Approximately 93 percent of CCAP based payment to an enrollment based payment In response to questions by Senator Julian consumers are receiving at least one other type would help providers raise more money and Carroll, Deck Decker, Executive Director, Office of assistance through Benefind. Consumers of bring Kentucky more into compliance with the of Administrative and Technology Services, Medicaid, KTAP, SNAP, and CCAP will have national trend and federal standards. Cabinet for Health and Family Services, stated a single point of access to apply for benefits, Senator Alvarado stated that the CCAP that the decision to transition CCAP to Benefind recertify, or report changes. The cabinet would savings will be great. There is a need to increase was made by the Beshear administration and he save $7.1 million by eliminating the CCC’s pay to providers. was not sure who that administration met with contract and have eligibility determinations Representative Wuchner stated that there is before making this decision. The old system made by current Family Support staff. Fifteen a need for more quality providers. The rate for is out of compliance and there is no money to additional staff will be required to answer child care providers has remained flat to date. bring it into compliance. Kentucky has already provider calls, process payments, and provider In response to questions by Senator Adams, received funds for Benefind, and if the child care claims with a cost of $1 million annually. Two Ms. Bell stated that the eligibility determination enhancement is not transitioned to Benefind, staff will be added to an existing contract with will be absorbed by current staff in the family Kentucky would have to reimburse the federal the Division of Regulated Child Care for visits support offices who already make determinations government for those funds. Mr. Stevenson stated to registered providers at a cost of $200,000 for other types of public assistance programs. that in 2014 discussions started to transition annually. Nine-three percent of CCAP recipients already child care services into Benefind on December The CCC error rate has remained under have a case in Benefind because they are 28, 2015. The cabinet delayed the decision for two the required threshold in contract deliverables, receiving some other type of public assistance. years to allow more discussions from providers however, it is consistently over ten percent. By Fifteen additional positions will be filled in on improvements to make it a smooth transition. using shared data for all assistance programs, Frankfort to handle provider payments and Ms. Bell stated that 15 regional provider forums the CCAP error rate is expected to fall below six claims not currently handled by family support will be conducted statewide later during the percent. Elimination of administrative oversight staff. In anticipation of CCAP being transitioned summer. for a large contract including vendor payments, to Benefind in 2016, eight of the fifteen positions In response to a question by Representative case reviews, and contract monitoring would have already been hired. Office hours are from Moser, Ms. Bell stated that most states are facing reduce administrative burden. Processes will 8:00 a.m. to 4:30 p.m. Monday through Friday the same challenges as Kentucky. It is a challenge be streamlined and incorporated into existing for in all DCBS offices if someone has questions to retain quality staff, because child care jobs structures, rather than having two separate about Benefind or other public assistance are low paying jobs. Child care is not a lucrative structures performing the same functions programs. business, and providers struggle to make ends

16 2017 Interim LEGISLATIVE RECORD meet. Providers are supported by CCAP funds conditions, and inadequate training of shelter 218A.010 to define medically necessary marijuana but also by private pay funds. Families need to be personnel. Kentucky law does not currently and amend the definition of marijuana to allow able to afford child care. The cabinet is looking require animal control officers to train for such physicians to recommend, transfer, dispense, or for ways to help providers with start-up costs. positions and the lack of training contributes to administer certain types of cannabidiol or CBD In response to questions by Senator Danny poor quality of animal care and enforcement. and establish the Implementation Task Force Carroll, Mr. Decker stated that extensive training Cynthia Gaskill, DVM, PhD, DABVT, on the Palliative and Hospice Use of Medical for employees has been done before child care University of Kentucky Veterinary Diagnostic Marijuana that would present legislation to the services are transitioned to Benefind. Deloitte Laboratory, stated that a 2016 study of current 2018 General Assembly and establish issues to brought in resources and has fixed problems conditions of Kentucky county animal shelters be discussed. The legislation was not an attempt with Benefind. There are approximately 4,000 and degree of compliance with Kentucky animal to provide marijuana to individuals without cases open consistently. DCBS staff answers calls shelter laws concluded that Kentucky’s county legitimate medical problems but to take a limited about Benefind within six to ten minutes. Ms. animal shelter conditions have not been studied approach to help individuals with medical needs. Bell stated that she did not have the data on how for over 20 years. The major goals of the 2016 There are individuals with medical needs who many child care centers require families to pay study were to assess current conditions in will not seek relief of medical problems by using the difference between the CCAP rate and daily Kentucky’s county shelters and determine the marijuana because it is currently not allowed rate for private pay customer, but it is allowable degree of compliance with Kentucky shelter laws by law in Kentucky. Kentucky should take a in Kentucky. and to determine the major problems and needs limited approach to allow medically necessary Animal Shelter Legislation (2017 HCR 43 identified by shelter personnel and researchers. marijuana in limited circumstances and appoint – Rep. Jenkins and 2017 SCR 58 – Sen. Buford) Data was used to determine if additional a task force to give recommendations on how it Kathryn M. Callahan, Kentucky State state funds or refinements and additions to should be implemented. Director, The Humane Society of the United current laws are warranted to ensure humane In response to a question by Senator States, stated that KRS 258.195 requires the care of animals in Kentucky’s county shelters. Thomas, Senator McGarvey stated that initially governing body of each county to employ, Researchers consisted of six veterinary students only medical doctors, doctors of osteopathic appoint, or contract with an animal control who traveled to all Kentucky county animal medicine, and ARNPs would be able to prescribe officer, and to establish and maintain an animal shelters. Ninety-two county shelters were marijuana for patients with a medical need. shelter. KRS 258.119 creates an Animal Control identified that service Kentucky’s 120 counties. In response to a question by Senator Wise, and Care Fund to be used by the Animal Control Several regional shelters service multiple Senator McGarvey stated that the number one Advisory Board and establishes minimum counties. Results showed that only 12 percent opposition to legalizing medical marijuana is a standards in county-operated or county- of counties were in compliance with all parts of moral objection, but support is getting stronger contracted animal shelters. If House Concurrent Kentucky’s animal shelter laws, while over 50 because it touches so many people in a personal Resolution 43 and Senate Concurrent Resolution percent of counties were in violation of 3 or more way. Colorado, California, Oregon, Washington, 58 introduced in the 2017 Regular Session parts of the law. Massachusetts, Alaska, and Mississippi are had been enacted a Shelter Oversight and Major problems identified by shelter among states that have legalized medicinal and Pet Overpopulation Task Force would have personnel were lack of sufficient funding, pet recreational use of marijuana. been established. The Task Force would have overpopulation leading to crowding of shelters, In response to a question by Senator reported findings and recommendations to the insufficient workforce at the shelters, and lack Buford, Senator McGarvey stated that Kentucky Legislative Research Commission by December of education for both shelter personnel and the could try and get a license through the federal 1, 2017. A task force would allow stakeholders public. Researchers also identified problems government to have state owned hospitals handle and experts an opportunity to discuss concerns in including inadequate, aging, and poorly the distribution of medical marijuana similar and find meaningful solutions to dramatically maintained facilities built with inappropriate to Mississippi, but he does not want to wait for improve conditions for unwanted animals, materials that could not be properly cleaned or federal government approval. There are hurdles reduce pet overpopulation, and increase the disinfected, poor ventilation, lack of appropriate to overcome such as banking regulations, but efficiency of government services. When the veterinary care, and lack of appropriate the federal government is not prosecuting states recommendations come from within the group quarantine areas. who have legalized marijuana, so there are ways tasked with finding solutions, community The majority of Kentucky’s animal shelters around the hurdles members would be significantly more likely to are not in compliance with current animal In response to a question by Representative accept the new standards and feel empowered to shelter laws, and a major factor contributing to Jenkins, Senator McGarvey stated that 2017 make positive changes. poor compliance was lack of sufficient funding Senate Bill 21, AN ACT relating to use of Current state law does not authorize any for animal shelter programs. Current laws do not experimental treatments for terminal illnesses, is entity to oversee and correct the failure of appear to be fully satisfactory at accomplishing similar to 2017 Senate Bill 243. Kentucky already certain Kentucky county shelters to meet the the goal of providing good shelter animal care prescribes medicine without FDA approval, so statutory minimum standards and provisions for across Kentucky and need to be updated. A why not medical marijuana. education and assistance appear to be warranted complete copy of the report can be found at In response to questions by Representative based on lack of adequate animal care. Major http://uknowledge.uky.edu/gluck_reports/1/. Wuchner, Senator McGarvey stated that he problems include shelter overcrowding due to pet In response to a question by Senator Buford, has looked at Ohio’s model. He has not had overpopulation and lack of low cost spay/neuter Ms. Callahan stated that she attends as many of discussions with the state medical universities. programs, inadequate facility size to house all of the meetings of the Animal Control Advisory In response to questions by Representative the animals needing shelter, lack of funding to Board as possible. Bentley, Senator McGarvey stated that Kentucky adequately staff the shelters or provide for basic End of Life Care (2017 SB 243) can create standards about who is allowed to animal care, poor ventilation, lack of veterinary Senator Morgan McGarvey stated that grow marijuana, how it is grown, where it is care for animals with medical issues, unclean 2017 Senate Bill 243 would have amended KRS dispensed, and how it is packaged. In the 1970s, THE KENTUCKY GENERAL ASSEMBLY 17 the University of Kentucky conducted research the school upon enrollment. The new form lists Interim Joint Committee on on marijuana. Marijuana has been classified as a all the required immunizations. Comments Agriculture Schedule I drug by the federal Drug Enforcement were received from physicians saying the Minutes of the 1st Meeting Agency, and therefore, Kentucky has to comply immunization registry requirement was too of the 2017 Interim with federal regulations. burdensome, so the administrative regulation June 14, 2017 Representative Moser stated that it is was changed that it would not be required until Call to Order and Roll Call important to recognize that a great deal of more physicians use the registry. Complaints The 1st meeting of the Interim Joint research has been done. Pulling all the research were received from KDE about compliance Committee on Agriculture was held on together to understand what Kentucky is looking this school year, so changes were made that Wednesday, June 14, 2017, at 10:00 AM, at at scientifically is imperative. It is important that immunizations added will be in effect for the the Kentucky Exposition Center in Louisville, Kentucky understands what other states have 2018 school year. The religious exemption Kentucky. Senator Paul Hornback, Chair, called done and learn from mistakes that have been form was amended at the Administrative the meeting to order, and the secretary called the made. Law enforcement has a big issue with Regulations Review Subcommittee to remove roll. the medical use of marijuana and an individual references to “my child” because of fear of Present were: slipping into recreational use. Legalization liability. The amendment offered at the Interim Members: Senator Paul Hornback, Co- of marijuana has not been standardized and Joint Committee on Health and Welfare and Chair; Representative Richard Heath, Co-Chair; regulated. Best evidence-based standards need to Family Services would eliminate the language Senators C.B. Embry Jr., Dennis Parrett, Damon be created. The federal government is the biggest from the form that says I acknowledge that Thayer, and Stephen West; Representatives Matt barrier to allow true research. Senator McGarvey there are increased risks associated if exposed to Castlen, Myron Dossett, Derrick Graham, David stated that he has met with representatives from this disease and to change the word vaccine to Hale, Mark Hart, Angie Hatton, James Kay, Kim Hospice, the Kentucky Medical Association, immunization. King, Suzanne Miles, Sannie Overly, Jason Petrie, and the Kentucky Hospital Association and had Patty Swiney, Past President of the Kentucky Rick Rand, Rob Rothenburger, Wilson Stone, discussions about legalizing medical marijuana. Academy of Family Physicians, stated that the Walker Thomas, James Tipton, Tommy Turner, Consideration of Administrative best way to prevent a disease is by immunizations and Susan Westrom. Regulation 902 KAR 2:060 that help stimulate a person’s own antibodies. Guests: Jason Rittenberry, President and Laura Begin, Regulation Coordinator, Office Immunizations also prevent someone from CEO, Kentucky Venues, Karen Williams, for Policy and Budget, Cabinet for Health and contracting highly contagious diseases such as President and CEO, Louisville Convention Family Services, stated that the current version measles, mumps, rubella, meningitis, and small and Visitors Bureau, Secretary Don Parkinson, of the administrative regulation became effective pox. A parent’s individual right to not get a child Tourism, Arts and Heritage Cabinet and Secretary in 2011. It requires a medical provider’s approval immunized based on religious beliefs stops when William Landrum, Finance and Administration of a parent or guardian’s religious exemption. it will affect the welfare of the public. Cabinet, Ryan Quarles, Commissioner, Kentucky It effects less than two percent of children Erika Calihan stated it is not about vaccines Department of Agriculture, Dr. Mark Lynn, in Kentucky schools. The cabinet received but about religious liberties afforded to parents Chair, Kentucky State Fair Board, and members complaints about having a medical entity having by state law. The amended form still exceeds state of the Kentucky State Fair Board. authority over religious exemption, requiring law that requires a signed sworn statement to for LRC Staff: Tanya Monsanto, Lowell a health care provider’s approval and cost of religious exemption of vaccines, but is better Atchley, Kelly Ludwig, and Susan Spoonamore, a co-pay to get the form signed, and finding a than before the changes. Committee Assistant. provider willing to sign the religious exemption. Representative Wuchner stated that the Representatives of the Kentucky Immunization form, while not perfect, is an improvement. Co-Chair Hornback and Co-Chair Heath Program, Infectious Disease Branch, Division Parents who choose not to get their child wanted members to know that they are planning of Epidemiology and Health Planning, and immunized can be notified by school personnel to work on agricultural tax reform by inviting Division of Maternal Health, Department for if there is an outbreak of a communicable disease commodity groups to meetings and setting Public Health, Cabinet for Health and Family in the school. priorities for tax reform. Services, the Kentucky Department of Education A motion to amend 902 KAR 2:060 – Overview of Facilities and Tour (KDE), and school nurses got together and establishes the mandatory immunization Jason Rittenberry, President and CEO, worked for almost three years to come up with schedule for attendance at child day care centers, Kentucky Venues, explained that Kentucky the amendment filed to the administrative certified family child care homes, other licensed Venues is Kentucky State Fair Board’s (KSFB) regulation filed in January 2017. There were facilities which care for children, preschool new public brand to promote all venues and 141 comments received during the public programs, and public and private primary and events. Kentucky Venues operates the Kentucky comment period with half supporting one or secondary schools (Amended After Comments), International Convention Center along with more aspects of the administrative regulation was made by Representative Wuchner, seconded the Kentucky Exposition Center. It owns and and half opposing one or more aspects. Changes by Senator Buford, and amended by voice vote. operates five in-house events as opposed to the were made to the religious exemption process A motion to accept 902 KAR 2:060 as amended events that come in and rent the facility for trade in the amended after comments process of the was made by Representative Marzian, seconded shows and conventions. The largest in-house administrative regulation to clarify that the form by Representative Wuchner, and approved by shows are the National Farm Machinery Show, could be obtained online and available at the voice vote. All-In Hoopfest, Kentucky State Fair, World Kentucky Department of Education and Cabinet Adjournment Championship Horse Show and the North for Health and Family Services’ web sites. The There being no further business, the American International Livestock Exposition. form needs to be completed in the presence of meeting was adjourned at 12:08 p.m. Based on square feet, the Kentucky Exposition a notary consistent with the authorizing statute Center (KEC) is the sixth largest convention of a written sworn statement and submitted to center in the United States. The Exposition

18 2017 Interim LEGISLATIVE RECORD YUM Center in 2010, the KSFB began losing Center has to compete with Orlando, Los Vegas, years and each building has reserved $10 million $20 million in revenue annually. The loss of and Chicago. to $20 million in a fund for depreciation. Losing revenue has prevented the KSFB from making Mr. Rittenberry stated that the downtown business will be detrimental to the heads and repairs and upgrading the facilities. There is an Kentucky International Convention Center is beds tax, sales tax, and the 1 percent lodging tax. immediate need for funding in order to make undergoing a $207 million renovation that should Mr. Rittenberry explained that the request improvements to the facilities so the KSFB can be completed in 2018. After the Convention for $6 million is based on the industry standard maintain operations and the present business. Center reopens, it will have accommodations to of $5 per square foot for annual maintenance on The KSFB faces competition with newer facilities attract 25 percent more conventions, meetings, a building. and larger cities courting the shows and events. and tradeshows. There are already 50 events Mr. Rittenberry stated that there are large Mr. Rittenberry stated that the KSFB has not scheduled from 2018 through 2022. projects that can be done at the KEC with the had a maintenance fund since 2010. The lack of Mr. Rittenberry said that the Exposition P3 legislation such as an agribusiness center that a maintenance fund has resulted in crumbling Center and the Kentucky International would be dedicated to agriculture year-round infrastructure, the Class A exhibit space is tired Convention Center generated an economic fiscal and a large hotel connected to the Kentucky and worn out, and restrooms need updating. impact of $260 million in 2016. Kentucky hosts Exposition Center. The top four priorities are $6 million for the approximately 300 events attracting 2.3 million Secretary Don Parkinson, Tourism, Arts and maintenance pool, $3.5 million for entrance visitors annually. Tax revenues generated from Heritage Cabinet, stated that the cabinet could gate and parking booth upgrades, $5 million the events total about $36.4 million per year use about $300 million for parks, KEC, and other for the Freedom Hall Phase 1 renovation, and (state 28.9 percent and Louisville 7.5 percent). maintenance projects. He said that it is important $7 million for the South Wing interior update. Mr. Rittenberry said that agriculture and to start with renovations and maintenance at the The renovation of Freedom Hall would have the agribusiness is important to the State Fair KEC. biggest financial impact by bringing in more Board and Kentucky Venues. The three in- Secretary William Landrum, Finance and shows and events. house agriculture events, the National Farm Administration Cabinet, explained that the Mr. Rittenberry said that clients have Machinery Show, the State Fair, and the North Commonwealth owns four convention centers. given feedback on the facility’s condition. One American International Livestock Shows All of the conventions centers are dealing with tradeshow exhibitor has said it would move unless provide approximately $50 million annually competition for events and trade shows, and major upgrades take place at the Exposition in an economic impact. The three events draw therefore it was imperative to maintain and Center. Other comments have concerned the over a million attendees. The National Farm renovate the KEC. The Broadbent Arena roof lack of floor ports in the East Hall, improper Machinery Show has been held for 52 years, the is now being upgraded through funds from hail working condition of equipment, outdated North American International Livestock show damage insurance. restrooms, traffic congestion, and unsatisfactory for 44 years, and the Kentucky State Fair for 113 In response to Senator Parrett, Ms. Williams meeting room conditions. years. said that the Future Farmers of America (FFA) Mr. Rittenberry said that without making Mr. Rittenberry stated that the major Convention will likely not return to Louisville. noticeable improvements to the Kentucky industry is in the category of conventions and FFA membership has grown to 300,000 members Exposition Center, there is a potential risk of trade shows. Some of the biggest are Mid- in the United States and internationally. At the losing additional long standing conventions and American Truck Show (45 years), Recreational last FFA Convention in Louisville, members trade shows that have been in Kentucky for over Vehicle Industry Association (35 years), were having to get rooms as far away as 25 years. If that happens, there would be a large National Street Rod Association (30 years), Frankfort. The FFA room block is approximately economic impact to the Commonwealth which Green Industry Expo (27 years), International 32,000 and Louisville has about 18,000 rooms. In would mean losing direct spending revenues, Construction and Utility Equipment Expo (30 Indianapolis, the radius for hotel rooms is within bed tax revenues, sales tax revenues, plus the years), VEX Robotics World Championship 20 miles. reputation of the KEC would be tarnished (three years), and Recreational Vehicle Industry In response to Representative Stone, Mr. throughout the industry. Association (35 years). Rittenberry said that Levy Food Service owns, Karen Williams, President and CEO, Mr. Rittenberry stated that the Kentucky manages, and maintains the health and food Louisville Convention and Visitors Bureau Exposition Center and the Kentucky International safety requirements and building codes on all emphasized the strong partnership with Jason Convention Center provide a million-plus the food and beverages operations on site. KEC’s Rittenberry. Client survey information was an square feet under roof, but the number of acres own venues are older and thus require more important tool in expanding the Convention that is on site is what sets the facilities apart maintenance and improvements, but they are Center downtown. She said that KEC is lucky to from other convention centers. The conventions held to the same standards and codes. Required have host the five top trade shows in the United and trade shows drive economic impact which American Disability Act (ADA) changes affect States. The Mid-American Truck Show, which allows Kentucky Venues and the State Fair Board the budget. has been at the KEC for 45 years, submitted to continue promoting agriculture. Agriculture In response to Representative King, Mr. an unfavorable post-convention review. From shows are not always profitable; conventions Rittenberry said that he would give committee 2010 through 2017, the KEC scored the lowest and trade shows make it possible to continue staff the attendance numbers for trade shows and remarks. The Mid-American Truck Show promoting agriculture. Kentucky Venues is other events. The 2.3 million attendance includes decided to move its trade show to Atlanta always looking for new events, but it is important both venues—the downtown Convention Center because of limited space and deterioration of to make needed improvements in order to and KEC. the facilities. Other trade shows are also at risk maintain older events and entice new events. In response to Representative Overly, Mr. of not renewing their contracts. She reiterated Mr. Rittenberry explained that the KSFB is Rittenberry said that overall Kentucky Venues is Kentucky’s competition with large metro areas seeking financial assistance. He explained that about 4.8 percent net income from operations, in other states. Each of those buildings has been when the University of Louisville moved to the or about $45 million in revenues. Factoring expanded and renovated within the last five to 10 depreciation, Kentucky Venues loses about $5 THE KENTUCKY GENERAL ASSEMBLY 19 million annually. administers county fair grants of about $450,000 Transient room taxes. Mayor Tom Watson, Mr. Rittenberry told Representative Overly a year. The application deadline is October 1. City of Owensboro, said that the county created that Kentucky Venues is paying off the bonds. Secretary Landrum stated that, when the tourism and convention commission and The state has been taking care of the debt service. presenting a request for funding, it is necessary to solely operates it. The money that goes to the He stated that he would provide staff with a provide the estimated costs and how the project commission is generated by a transient room tax report regarding the current bonds that are in is going to be paid for. The P3 legislation is a great of only one percent which is unfair. Eleven of the place for improvements. tool in helping to move forward with projects 12 hotels that pay the tax are within Owensboro Representative Overly stated that she would and enables the Finance and Administration which provides fire protection, public safety, like to know how many years are left on the Cabinet to partner with a private developer, and infrastructure, and all that is needed to make bonds and what the state is paying toward past if over 50 percent of the funds is provided by people comfortable when they come to maintenance agreements. Looking at the six year the developer and the amount does not exceed Owensboro. plan, she would like to know the total request, if $25 million, the cabinet can move forward. Road fund formula. When the road fund it is a single proposal, if it is a single proposal to However, if the amount exceeds $25 million, was created, Kentucky was more of a rural state update the entire venue, whether it would have a the contract must be presented to the General and Kentucky is still a rural state. The formula staggered term, and how the proposal would be Assembly for approval during session. The for distribution needs to be revisited. HB 292 presented to the General Assembly. cabinet recommends reviewing that stipulation demonstrated how the funding could be sent to Mr. Rittenberry said that a handout shows as it discourages a private investor from waiting the communities. When the funding formula was the list and total amount of all the deferred around for approval. Through the P3 legislation, started, the agriculture community needed to get maintenance issues that have been deferred over the cabinet wants to ensure that the requirement products to the city, and that was legitimate. Now the past seven or eight years. The list does not for deferred maintenance is eliminated. Owensboro has 16.5 square miles within the city take into account building anything new. The In response to Senator Parrett, Secretary and there are 462 square miles in the county, but total is about $28 million, and the handout lists Landrum said the vetting process for potential the folks within the city benefit the most as a each item of deferred maintenance, totaling $28 investors on a P3 project includes evaluation general rule. million. committees. Telecommunication fees for cities. Mr. Ed Co-Chair Hornback requested that There being no further business, the meeting Ray, Owensboro City Attorney and Assistant information be provided to staff showing the was adjourned. Manager, said that cities receive 83 percent debt service and the state’s timeframe. in telecommunication fees but 17 percent of In response to Senator West, Mr. Rittenberry Interim Joint Committee on that is still not coming in, which is a huge hit stated that raising entry fees or gate fees varies Local Government for some cities. The state needs to collect the on the type of entry and the type of event that is Minutes of the 1st Meeting telecommunication tax on behalf of some cities happening. For a spectator paid event, Kentucky of the 2017 Interim that do not have the sophistication to collect the Venues can increase the prices and has been June 28, 2017 tax. Some cities do not have franchise agreements doing so. The purchase price of each ticket has Call to Order and Roll Call in place. Two recommendations come to mind a facility maintenance fee component, and KEC The first meeting of the Interim Joint if the tax is revisited, the first being a better has been using that fee for maintenance of small Committee on Local Government was held incentive than 17 percent of the tax going to the projects. The larger trade shows and convention on Wednesday, June 28, 2017, at 10:00 AM, in state for cities that need the state to collect the fees are set more by what the competition is Room 154 of the Capitol Annex. Senator Joe tax on their behalf. The second would be giving charging per square foot. The rent can be reduced Bowen, Chair, called the meeting to order, and communities more latitude in crafting their based on other revenues they bring in, such as the secretary called the roll. franchise agreements, like the ability to require for food and beverages. Present were: the franchisee to have a local office, and having In response to Representative Rothenburger, Members: Senator Joe Bowen, Co-Chair; the ability to gain funding from the franchisee Mr. Rittenberry stated that the Kentucky Representative Michael Meredith, Co-Chair; for projects like public access television. The State Fair Board is considering building the Senators Ralph Alvarado, Denise Harper current law no longer allows that. Many cities of agribusiness center as a P3 project. Angel, Stan Humphries, Morgan McGarvey, the former second class have the ability to collect Dr. Mark Lynn, Chair, Kentucky State Fair Dorsey Ridley, Albert Robinson, Wil Schroder, the telecommunication tax and to write their Board stated that, three years ago, the Kentucky Dan “Malano” Seum, and Damon Thayer; own franchise agreements. State Fair faced a $9 million a year shortfall, Representatives Danny Bentley, George Brown Local option taxes. Mayor Watson stated and the current shortfall is $4.5 million. From Jr., Ken Fleming, Kelly Flood, Toby Herald, DJ that he would like any local government to be an efficiency standpoint, the KSFB has done Johnson, Kim King, Adam Koenig, Brian Linder, able to consider the imposition of a local option everything it can to cut that number. The KSFB Jerry T. Miller, Robby Mills, Phil Moffett, Steve sales and use tax. The fact that some cities are members are superb and have a passion for Riggs, Rob Rothenburger, Attica Scott, Arnold allowed to collect certain taxes and others are making things better. Simpson, and John Sims Jr. not is a subject of concern. Owensboro has just Commissioner Ryan Quarles, Kentucky Guests: Mayor Tom Watson and Ed Ray, undergone significant downtown development Department of Agriculture, echoed the City of Owensboro; Mayor Claude Christensen, spending up to $150 million on the waterfront comments of Dr. Lynn regarding the Kentucky City of Sadieville; Bert May, Kentucky League requiring the generation of revenue for the State Fair Board members and Mr. Rittenberry. of Cities; and Ron Wolf, Associated General project. Owensboro has as much understanding The members are active and show up for Contractors of Kentucky. of administering a local tax as anyone in terms events and meetings. Kentucky needs to LRC Staff: Mark Mitchell, John Ryan, Joe of how much the community would tolerate and protect the reputation of having some of the Pinczewski-Lee, and Cheryl Walters. what the citizens would be interested in. The largest agricultural shows, trade shows, and Municipal Perspectives of Statutory Effects community would like some control and say the Kentucky State Fair. He said that KDA on Cities’ Fiscal Resources over this potential revenue stream.

20 2017 Interim LEGISLATIVE RECORD Statutory options for merger of local go to maintenance. Small problems are more limits of the city is apparently higher than the governments. There is an opportunity for acute in small towns. county services that the city taxpayers receive. unification so as not to duplicate services. A In summary, cities need the following: trust In response to a question from Representative document between a city and a county should be of the General Assembly; stability, flexibility, Miller, Mayor Christensen and Mayor Watson devised for revenue sharing. and tools that allow a diversity of approaches to said they have tried to put together a taxation Mr. Ray noted that of around $7 million problem solving; and room to work. work group with KLC and KACo. collected in total from property taxes in Daviess In response to a question from Senator In response to a question from Representative County last year, a little over $4 million was Seum, Mr. Ray said of the money Owensboro Johnson, Mayor Watson stated that being able to collected from city residents. Of the county gets from the transient room tax and sales tax, “get in the door” for revenue sharing would be services provided to the city residents, such most of it goes to the tourism commission for good, and then negotiations could begin. as jails, emergency management, and animal marketing; one percent goes for infrastructure, Mayor Christensen commented that the control, the contributions to the budget of those and three percent goes for a tourism funding City of Sadieville has a generous fiscal court in services equaled around $790,000 out of the $4 mechanism. The total percentage of taxes varies its county. The city and county have to partner to million collected from the city. from location to location. Equity is a concern. get things done. The City of Sadieville and Scott Mayor Watson provided a breakdown of the Owensboro is prohibited by statute from levying County have tried to cultivate a good working total county budget figures for several county a restaurant tax. And if Owensboro were to relationship. Anything the General Assembly services. levy its own transient room tax, it would be could do to encourage partnerships would be Also, a task force should be created to study a “stacking” tax—one that had no set-off and very helpful. unification. would be added to the other taxes lessening Representative Meredith commented that The ability to make more appointments regional competitiveness. Allowing a restaurant cities and counties have to be careful when to the local airport board would be welcomed, tax for other cities would be a significant piece talking about revenue sharing because it is a which would require a change in statute. of legislation for the General Assembly to pass. city by city and county by county situation. Senator Bowen commented that these issues Representative Koenig commented that In addition, the city reclassification bill was a are not unique to the City of Owensboro. These he echoes the concerns about centralized tax first step. The next step will be to look at issues are issues all cities are facing. collection and supports the merger of local relating to uniformity and taxation and to look at City of Sadieville Mayor and President of governments. some of the more controversial subjects that the the Kentucky League of Cities (KLC) Claude In response to a question from bill did not address at the time. Christensen said that over 52 percent of Kentucky Senator Schroder, Mr. Ray replied that the Senator Bowen announced that the next cities have populations of less than 1,000, with telecommunications tax reform legislation took meeting of the committee will be July 26th. the City of Sadieville having 332. the teeth away from local governments—the only There being no further business, the meeting KLC has a long history of being involved option left was federal arbitration in enforcement was adjourned at 11:20 a.m. in tax reform discussions involving local of franchise agreements. There are also never any governments. There should be tax reform but it competing franchise offers. Interim Joint Committee on should be deliberate and careful. There should be In response to a question from Representative State Government tax structure equity between cities. The playing Fleming, Mayor Christensen stated that KLC Minutes of the 1st Meeting field is not level. The idea that Sadieville cannot is in favor of looking at alternatives or options of the 2017 Interim levy an occupational tax is not fair. Sadieville is for revenues. There is a leaning toward a June 28, 2017 not able to draw any revenue from the businesses consumption-based tax structure. Mayor Call to Order and Roll Call in the town from that source. Cities want to Watson said the City of Owensboro has looked The 1st meeting of the Interim Joint partner with the General Assembly to level the at everything for ways of efficiencies. The Committee on State Government was held on taxing structure for fairness. Taxes need to be occupational tax is on the back of the taxpayers Wednesday, June 28, 2017, at 1:00 PM, in Room reasonable, intentional, clear, and fair. and he hates it, too. 154 of the Capitol Annex. Representative Kenny KLC’s Board of Directors adopted several In response to a question from Representative Imes, Chair, called the meeting to order, and the Principles of Advocacy. At the heart of those Riggs, Mayor Watson said he was not sure of any secretary called the roll. principles lies the preservation and expansion of necessary changes to municipal annexation laws, Present were: home rule. To that end, KLC is against centralized and the City of Owensboro annexes everything Members: Senator Joe Bowen, Co-Chair; collection of taxes and which is viewed as a “deal- it can. Mr. Ray added that Owensboro has a very Representatives Jerry T. Miller, Co-Chair, and breaker” by the KLC Board of Directors. aggressive annexation plan. Kenny Imes, Co-Chair; Senators Ralph Alvarado, Small cities have many of the same issues as In response to a question from Senator Denise Harper Angel, Stan Humphries, Christian the larger cities—roads to take care of, buildings Humphries, Mayor Watson said the City of McDaniel, Morgan McGarvey, Dorsey Ridley, to maintain, land and park space, but just on Owensboro had to come up with an annexation Albert Robinson, Wil Schroder, and Damon a smaller scale. There are not as many police program in order to grow because of geography. Thayer; Representatives Lynn Bechler, Kevin D. officers as in Lexington, but the ones employed Mr. Ray said Owensboro has not had any forced Bratcher, Tom Burch, John Carney, Will Coursey, in the city must be taken care of. For Sadieville, it annexations with the county—they have all been Jim DeCesare, Joseph M. Fischer, Derrick is a choice of buying a cruiser or paving a mile of consensual—and has experienced only one de- Graham, Richard Heath, Dennis Horlander, Dan city streets. Sadieville receives $5,300 a year from annexation that was initiated by a boundary Johnson, DJ Johnson, Brian Linder, Mary Lou the road aid fund to help maintain nine miles of issue. Marzian, Reginald Meeks, Phil Moffett, Sannie city streets. It does not come close to the actual In response to another question from Senator Overly, Jason Petrie, Rick Rand, Jody Richards, costs—the city must always go to the general Humphries, Mr. Ray stated that the county fully Bart Rowland, Attica Scott, Tommy Turner, and fund. Sadieville’s total budget for this year is funds the jail. The revenue being generated for Scott Wells. $333,000—the biggest ever. A third of that must the county by the taxpayers within the corporate Guests: Commissioner Rick Sanders, THE KENTUCKY GENERAL ASSEMBLY 21 Kentucky State Police; Shellie Hampton, Director, years that did not contain a presidential vote so Marzian, Representative King replied that it was Kentucky Associations of Counties; Bryana the focus was clearly on state issues as opposed her intent the non-payment of compensation Carroll, Manager, Kentucky League of Cities; to national issues but changed the date to off-set would apply only to the legislators, not LRC staff. and Commissioner Mark Filburn, Kentucky further delays in implementing this change for Department of Criminal Justice Training. the benefit of increasing voter participation. Representative Birch said the General LRC Staff: Judy Fritz, Karen Powell, Alisha In response to a question from Senator Assembly was a part-time legislature and it Miller, Kevin Devlin, Michael Callan, Roberta Ridley, Senator Thayer said he did not have would not be economically feasible for legislators Kiser, and Terisa Roland. exact numbers of how many states that utilized to attend a Special Session and receive no Overview of Constitutional Amendments even-numbered election years conducted those compensation. Some members might vote for a Filed During 2017 Regular Session elections with the presidential election and how bad budget rather than proceed with no budget 2017 SB 2-Senator McDaniel many states used the even-numbered years that at all. Senator McDaniel presented 2017 SB 52 did not fall at the same time as the presidential In response to a question from Representative proposing to amend Section 95 of the Kentucky election, but approximated one-third of the Overly, Representative King stated that she Constitution and relating to moving the election states conducted their gubernatorial elections did not envision the proposed amendment of statewide constitutional officers to even- at the same time as the presidential election precluding payment of legislators when a budget numbered years beginning in 2024. He stated that and two-thirds of the remaining states that held had been passed and then vetoed by the Governor there were two primary reasons for this proposal. their state-wide elections during even-numbered after the General Assembly had adjourned and Initially, it would result in an approximate years did so in the even-numbered years that did additional legislative action was then required, $19,000,000.00 cost savings to state and local not involve the presidential election. but she would be willing to address this in the governments over a four-year election cycle. Representative Linder said many of his proposed amendment if necessary. Secondly, it would increase voter participation. constituents had expressed support for moving In response to a question from Representative It is preferable this proposed Constitutional the elections as they believed it just made sense. Petrie, Representative King stated that she could Amendment be on the 2018 ballot, with those He stated it would help with voter fatigue and this recall three occurrences over the past seven state officials elected in 2019 serving a five-year proposed change would increase voter turnout. years where the General Assembly had failed term. In response to a question from Representative to pass a budget bill during its Regular Session In response to a question from Representative Scott, Senator McDaniel said he estimates that necessitating the need for a Special Session, Carney, Senator McDaniel stated that the county the state would save approximately $3,500,000.00 although this had not been an issue in the past clerks had been supportive of this proposal in the and the counties would save approximately few years. past and he anticipated they would be again. He $15,000,000.00. Senator Thayer reminded the members of had not made specific inquiry of other groups 2017 HB 34-Representative King the Committee that no more than four proposed but expected support from other organizations. Representative King stated 2017 HB 34 amendments could be presented to the voters at Representative Carney stated he supports was a proposal to amend Section 42 of the any one time. the measure and referred to the proposal as a Kentucky Constitution providing that payment Representative Graham expressed “common sense approach.” of compensation for members of the General agreement with Representative King that this Representative Birch expressed concern Assembly would be suspended during a Special was a non-partisan issue, but he also expressed about the effect of this proposal on legislative Session necessitated and called due to the failure concern as to the impact this proposal would independence discussing the history of election of the General Assembly to pass a budget during have on the families of legislators, as well as the dates and the separation of legislative elections its Regular Session. This proposal is a non- legislators themselves. Legislators who live a from the election of constitutional officers and partisan matter supported by her constituents considerable distance from Frankfort would not about extending the terms of those officers regardless of political party. One of the primary only incur out-of-pocket travel and lodging costs elected in 2019 to five years. jobs of the General Assembly is to pass a biennial but they would be required to give up time with In response to questions from Representative budget bill. When the General Assembly fails their families, and their businesses or employers Birch, Senator McDaniel stated that eliminating to do their job during the Regular Session the would be denied the benefit of their talents as elections from all odd-numbered years would members of the General Assembly should not be well. result in savings simply through the reduction of paid if they are called back into Special Session to Representative DeCesare stated that he the number of elections held. consider and pass a budget. The failure to pass a supported this proposal as he had filed this same Senator Thayer stated that he supported this budget bill during the Regular Session is a failure proposal before. This would serve as an incentive measure being presented to the voters on the to perform the duties assigned. for the General Assembly to do its job. 2018 ballot. After 2019 only three states would Representative Heath stated that he supports Representative Fischer stated that he believed hold elections for governor in odd-numbered the idea presented by Representative King as he the language of the proposed amendment years, specifically Kentucky, Mississippi, and believes this would increase the incentive to pass addressed the issue of compensation in the event Louisiana. This proposed change would help a budget bill and to pass it on time. the General Assembly passed a budget that was with election fatigue which would, in turn, Senator Schroder stated that he had drafted vetoed by the governor resulting in the need increase voter participation. similar legislation in the past but was presented for further legislative action, specifically citing Representative Graham stated that he had an opposing view that resulted in him rethinking language that the prohibition on compensation concerns about the governor’s election being the matter. A concern had been raised that some would arise only when the General Assembly held at the same time as the presidential election. members of the General Assembly might find had “not passed an appropriations bill.” In response to a question from Representative themselves signing off on a bad budget bill rather In response to a question from Graham, Senator McDaniel stated that his than commit their own time to the process in an Representative Wells, Representative King stated original intent had been to place the state-wide unpaid Special Session. that she was willing to clarify whether expenses constitutional elections in the even-numbered In response to a question from Representative incurred by members of the General Assembly

22 2017 Interim LEGISLATIVE RECORD associated with any required Special Session to highly unlikely constables would be included in proposal would also add an additional voting address the budget as discussed would also be the Constitution as a mandatory office. While day, specifically the Saturday before the the responsibility of the individual legislators or constables may have been important in 1892 they general election, as this would increase voter whether they would be subject to reimbursement. are not necessary now. This issue is bipartisan participation as well. The cost savings from Representative Wells suggested this could be an and has broad support. moving the election for statewide officers to area of compromise. Responding to a question from Senator even-numbered years could be used to provide 2017 HB 160-Representative Koenig Bowen, Representative Koenig stated that it was for this additional day of voting and would not Representative Koenig summarized 2017 his understanding there was no compensation require opening every polling location. HB 160 stating this proposal to amend Section package for constables anymore. Constables are Senator McGarvey also addressed the 99 of the Constitution would permit counties paid to serve papers but a person does not have to component of the bill regarding automatic and cities to enact local ordinances that would be a constable or a member of law enforcement restoration of voting rights for convicted felons. eliminate constables from operating within their to serve papers. The person seeking restoration must make respective areas. While constables may serve a Representative Carney stated he appreciates application, complete his/her sentence and useful purpose in some areas of the state they the option to preserve the services of constables complete making restitution if that had been may be viewed as a potential liability in others as some counties, particularly those in rural ordered. and this proposal respects Home Rule. Kentucky, utilize their services. Constables had Senator McGarvey then stated that another Commissioner Rick Sanders, Kentucky expressed to him their desire to receive POPS provision of the bill provides for term limits for State Police, stated he supported the legislation. training and he thought they should be given members of the General Assembly. The proposal He noted that the need for constables had been this opportunity. Representative Carney and is for four Senate terms and eight House terms, debated for years as to whether they were an Commissioner Filburn discussed the resources for a total of 16 years. asset or a liability. This gives the community a and priorities regarding the training issue. Representative Birch said that other states chance to vote on whether they wish to utilize Representative Birch stated that he was in that had provided for term limits later regretted a constable or not. Constables are not POPS favor of the proposal and would like to be a co- doing this, but he supports the other portions of certified and this is concerning. sponsor. This was good legislation and the job of the bill. Shellie Hampton, Director of Governmental constable is not fully necessary anymore. Responding to a question from Representative Relations with the Kentucky Association of Responding to a question from Bechler, Senator McGarvey stated some people Counties, stated that her organization supported Representative Meeks, Commissioner Sanders find it difficult, if not impossible, to get to the the proposal. KACO has been in support of and Commissioner Filburn discussed the length polls within the time allowed on election day for addressing this issue since 2010 and this proposal of training provided to law enforcement officers, many reasons. People have more flexibility on was a good compromise and is the essence of the costs involved, and what could be done to Saturdays in general and providing an additional Home Rule, recognizing that some counties use carve out space for training for those constables voting day on the Saturday before the election constables. as constitutional officers that wanted to get into could accommodate more voters. Bryanna Carroll, Governmental Affairs the POPS training program. Manager for the Kentucky League of Cities Responding to a question from Representative Representative Graham stated that there stated that KLC also supported this proposal Bechler, Representative Koenig said that under are already term limits on members of the and has been supportive of addressing the issue this proposal a city could preclude constables General Assembly and those term limits come of constables since 2012. Kentucky prides itself from going into that city to perform duties. from the voters. With the advance of legislative on the need and training provided for police Responding to a question from independence, term limits are a disadvantage and there is concern that some individuals Representative DeCesare, Representative Koenig due to the power of the executive branch in are afforded the same police powers without said that while constables are not POPS certified Kentucky. Move in a cautionary fashion in this the training. She requested the support of the they do have arrest powers in their jurisdictions area. General Assembly to address this option. just like any law enforcement officer and can 2017 SB 251-Senator McGarvey; 2017 HB Commissioner Mark Filburn, Kentucky appoint as many deputies as they desire so long 373-Representative Miller Department of Criminal Justice Training, spoke as the County Judge Executive approves of those Senator McGarvey stated that his proposal to in favor of the proposal. Kentucky has the best appointments. Those deputies would also have amend Section 226 of the Kentucky Constitution trained law enforcement officers in the country full police powers. regarding casino gaming is a simple up or down in his opinion. Commissioner Filburn stated that 2017 SB 251-Senator McGarvey question. Do you want this or not? If you do, officers must complete twenty-three weeks of Senator McGarvey stated that 2017 SB then for ten years 100 percent of the proceeds academy training followed by in-service training. 251 proposed to amend Sections 32, 95, 145 will go to the state pension funds. Training is critical. POP Standards include drug and 146 of the Kentucky Constitution and that Representative Miller addressed the needs screening, polygraphs, and background checks. he views this bill as an election reform bill. of the pension system. This proposal provides Representative Koenig advised the Moving the election of statewide constitutional a new source of revenue. The voters will decide. Committee members that they had been given officers to even-numbered years had already Conservatively it is anticipated that the funds an “Executive Summary” with a link to the full been discussed. Such a change would result in provided to the state will be a minimum of report of a study conducted by the previous increased voter participation and cost savings. $250,000,000.00 per year. The County Judge administration in 2012 on this issue. He cited the There is value in keeping local and statewide Executives Association supports this proposal. study’s finding that one-quarter of one percent issues separate from national issues so there is Representative Dan Johnson stated that he of law enforcement activities are performed some concern about whether the election should supports this proposal. by constables, yet there are approximately be in a presidential year as opposed to being in Senator Bowen said that he is for identifying 500 constables in the state. If a constitutional a year with the election of other county officials. any additional revenue streams for the pension convention were held tomorrow he thought it Senator McGarvey stated that this issue. THE KENTUCKY GENERAL ASSEMBLY 23 Representative Wells said that he is Development. judge positions remained vacant due to ongoing supportive of this proposal. In response to a LRC Staff: Carla Montgomery, Andrew litigation in Franklin County Circuit Court. question from Representative Wells, Senator Manno, and Sasche Allen. However, the Department recently welcomed McGarvey clarified that the amounts that Labor Cabinet Update seven new administrative law judges. Despite only would go into the pension systems would be Members of Labor Cabinet leadership operating with 11 administrative law judges for the amount remaining after administrative costs gave an update on various Cabinet programs and most of 2016, the department operated without were subtracted. an overview of progress and improvements for delays and resolved claims on a timely basis. Representative Imes stated that he had pre- different divisions within the Cabinet. Secretary He said that all of the new administrative law filed a bill regarding administrative regulations Ramsey went over some of the major highlights judges are competent and highly qualified. The that would be addressed at a later meeting. of the Cabinet. He briefly discussed the new new Chief Administrative Law Judge is Douglas Future meetings would most likely address other claim filing system within the Department of Gott. Commissioner Swisher confirmed that the election bills and constitutional amendments Workers’ Claims (DWC) that allows parties DWC has a new Louisville hearing site being that were not discussed today as well as other to file necessary documents online. He said constructed between Hurstbourne Parkway and matters of interest to the county clerks and the that over the past year the Division of Wage, Shelbyville Road, which will offer free parking Secretary of State. Hour and Mediation in the Department of for claimants. The new site will be open in the Paper copies of all documents that were Workplace Standards completed over 2,376 next three to four months. The Commissioner distributed to the members are available in the cases and collected $2,150,000 in restitution discussed the medical dispute program which Legislative Research Commission Library. for 2,128 employees. The Cabinet has made dedicates two administrative law judges to the With business concluded, the meeting was efforts to improve the Division of Occupational medical dispute docket. This program began in adjourned at 2:45 p.m. Safety and Health within the Department of 2013 but was suspended due to the shortage of Workplace Standards after receiving feedback judges with the department. Now, with a fully Interim Joint Committee on from employers across the state. Secretary operating staff of administrative law judges, the Economic Development and Ramsey expressed the Cabinet’s excitement medical dispute program has been reinstated. Workforce Investment about its Apprenticeship Program that now has The DWC has developed the Litigation over 3,000 participants. Notably, the Cabinet Management System (LMS), and it became Minutes of the 2nd Meeting recently announced Norton Healthcare’s Student mandatory for all claims July 1, 2017. This of the 2017 Interim July 5, 2017 Nursing Apprenticeship Program, which is the program requires paperless online filings to Call to Order and Roll Call first healthcare apprenticeship program in the initiate workers’ compensation claims and The 2nd meeting of the Interim Joint country. submit litigation related documents. All parties Committee on Economic Development and Deputy Secretary Mike Nemes gave to a claim can access LMS to view claim details Workforce Investment was held on Wednesday, an overview of legislation that was passed in and monitor activity. The system is also a way July 5, 2017, at 1:00 PM, in Room 154 of the the 2017 Regular Session including House Bill for the Department to track data and compile Capitol Annex. Representative Jim DeCesare, 1, which made Kentucky a right to work state, statistics. A training team was put together to Chair, called the meeting to order, and the and House Bill 3, which repealed Kentucky’s train attorneys and their staff members, adjusters, secretary called the roll. prevailing wage law. House Bill 206 allows for third party administrators, and court reporters. Present were: Kentucky Education Excellence Scholarship Since January 2014, 2,158 Coal Worker’s Members: Senator Alice Forgy Kerr, Co- (KEES) funds to be used when a student is Pneumoconiosis (CWP) claims have been Chair; Representative Jim DeCesare, Co- enrolled in a registered apprenticeship program. resolved either by administrative law judge Chair; Senators Rick Girdler, Denise Harper Deputy Secretary Nemes also discussed House decision or agreement. Approximately 530 claim Angel, Ernie Harris, Jimmy Higdon, Stephen Bill 299, which reorganized the Workers’ are temporarily assigned to Chief Administrative Meredith, Reginald Thomas, and Mike Wilson; Compensation Nominating Committee; House Law Judge Gott, while 304 claims are assigned to Representatives McKenzie Cantrell, Daniel Bill 293, a reorganization bill that renamed several Administrative Law Judge Roland Case. House Elliott, Al Gentry, Toby Herald, Dennis departments within the Cabinet; House Bill 377, Bill 377 mandated that the CWP Fund, which Horlander, Joni L. Jenkins, James Kay, Kim King, relating to the Workers’ Compensation Funding paid 50 percent of all income benefits for CWP Adam Koenig, Russ A. Meyer, Jerry T. Miller, Commission; and House Bill 378, a housekeeping claims, be transferred to Kentucky Employees’ C. Wesley Morgan, Jason Nemes, Jason Petrie, matters for the Cabinet. He noted that House Bill Mutual Insurance (KEMI). There has been an Phillip Pratt, Steve Riley, Rob Rothenburger, 377 has saved numerous jobs in the coal industry efficient transition to KEMI with no delay of Dean Schamore, Diane St. Onge, Wilson Stone, in Kentucky. Deputy Secretary Nemes reiterated benefits to CWP claimants. Russell Webber, and Scott Wells. the progress of the Apprenticeship Program Commissioner Ervin Dimeny went over Guests: Secretary Derrick Ramsey, Labor and the enhancements in the Kentucky Safety some of the details concerning the improvements Cabinet; Deputy Secretary Mike Nemes, Labor and Health (OSH) Program. Secretary Ramsey that have been made in the Department Cabinet; Acting Commissioner Robert Swisher, added that programs such as the Apprenticeship of Workplace Standards that addressed Department of Workers’ Claims, Labor Cabinet; Program thrive due to the partnership with other professionalism, training, accountability and Commissioner Ervin Dimeny, Department cabinet secretaries such as Cabinet for Economic results. A business plan was developed specific of Workplace Standards, Labor Cabinet; Hal Development Secretary Terry Gill and Education for each division of the Department, and there are B. Goode, President and CEO, Kentucky and Workforce Development Cabinet Secretary currently follow up meeting done on a monthly Association for Economic Development; Sierra Hal Heiner. basis to ensure progress of those new procedures Enlow, Director and Board Member, Kentucky Acting Commissioner Bob Swisher and strategies. The Commissioner said there Association for Economic Development; for the Department of Workers’ Claims went has been a major culture transformation due and Brad Thomas, Director and Board in to further detail about the recent changes in to the recent changes. He also highlighted that Member, Kentucky Association for Economic the DWC. During 2016 six administrative law 2016 had the lowest injury rate in Kentucky’s

24 2017 Interim LEGISLATIVE RECORD history. Commissioner Dimeny echoed previous with exposing youth to a work environment. offers webinars that provide hands on experience comments regarding the Apprenticeship Program Secretary Ramsey noted that there needs to be on the how-to in economic development. Mr. and added that advancement can be attributed to culture change in the state and more programs Goode mentioned the upcoming fall conference making the program industry driven by further like the Apprenticeship Program should that will be held in Bowling Green November addressing business needs. Over the past year, be encouraged. He also spoke about career 8, 9 and 10, 2017. KAED keeps its members approximately 1,000 new apprentices joined the exploration youth program in Switzerland that connected so they have access to valuable program and about 300 graduated. There are over he had observed, and there will be a similar pilot resources that will assist in their day to day 500 youth apprentices and around 80 veteran program tested in Bowling Green. business needs by offering networking and apprentices. The Commissioner discussed a new Replying to Senator Mike Wilson, marketing opportunities. Due to education and program offering apprenticeship opportunities Secretary Ramsey said that once someone is professional development, KAED saw a 213 to foster children within the state who have certified in Kentucky as a journeyperson, that percent increase in fall conference attendance aged out of the system. There are 179 sponsors person is able to use the certification in all other and a 54 percent increase in spring conference of the program, 173 companies that are on the states, Australia and Canada. Deputy Secretary attendance from 2012 to 2016. Currently the job training providers, and 1,200 companies that Nemes added that when a person comes to organization has 525 members with 307 different use apprentices across various sectors in the state Kentucky who is a certified journeyperson from companies that are represented. covering 41 registered skills. another state, the person does must complete Ms. Enlow spoke about the Kentucky Addressing a question from a program but at a shorter length of time. Institute for Economic Development (KIED), Representative Jerry Miller, Commissioner Reciprocity and licensing of those coming from which is a course that educates participants Swisher said that the 2016 spike in hearing loss other states would be a legislative issue. in the fundamental and emerging concepts claims, CWP claims and cumulative trauma Addressing Representative Rob of comprehensive economic development. Its or injury claims is a direct result of coal mine Rothenburger, Commissioner Dimeny said it upcoming event will be August 21, 22, 23 and 24, closures. He said he anticipates those filings to may be possible for Kentucky OSH training 2017 in Lexington. The KIED course will include decrease in the next several years. In response to courses to be available for high school students topics such as marketing and attraction; business a follow up question, Commissioner Swisher said to receive college credit. retention and expansion; and entrepreneurial that LMS will allow the Department to capture Co-Chair Jim DeCesare commented and small business development. Ms. Enlow data and draw statistical analysis, but the system about the strong partnerships among cabinets said this event is a great opportunity for young was not designed to provide any information and said that Kentucky must increase labor professionals to get involved with economic that may prevent workplace injuries. participation. development. Responding to Representative Diane Senator Ernie Harris cautioned about Mr. Goode commented on Kentucky St. Onge, Commissioner Dimeny stated the starting career exploration for children at such United, which is a public-private partnership Department has been working with Colonel a young age so as not to lock a student into one that was developed in 2008. This occurred Blaine Hedges, the Executive Director of the particular area so early in their lives. Secretary after KAED took a nationwide survey of about Kentucky Commission on Military Affairs, and Ramsey said different approaches must be 500 consultants across the country regarding officials at Fort Knox and Fort Campbell to utilized to increase workforce participation. marketing perceptions of Kentucky. The offer more opportunities in the Apprenticeship Deputy Secretary Nemes added that children organization is devoted to promoting Kentucky’s Program to veterans. should be exposed to new possibilities to help business climate. In 2016, Kentucky United In response to Representative Scott them to identify possible career paths for their secured a major project for the Owensboro Wells, Commissioner Swisher said that although future. area called Alorica, which is a $200 million the LMS program became mandatory July 1, Kentucky Association for Economic investment with a potential of 830 new jobs. Mr. 2017, the Department will still accept paper Development Thomas explained that after traveling to various filings from unrepresented litigants. Hal B. Goode, President and CEO other states and countries, there will be more Replying to Representative McKenzie of the Kentucky Association for Economic investments to come in the future in Kentucky. Cantrell, Deputy Commissioner Nemes stated Development (KAED), and Sierra Enlow and Mr. Goode closed by giving an overview that the amount of funds collected by the Brad Thomas, both of whom are association of some previously mentioned upcoming Division of Wage, Hour and Mediation from directors and board members, discussed KAED. events and showing a short video about KAED employers is posted on the Labor Cabinet’s KAED is a professional economic development with interviews of several members of the webpage. Commissioner Dimeny added that association that connects public sector and private organization. there are currently 13 investigators that respond industry professionals. It offers professional Senator Jimmy Higdon commented on to complaints, but the cabinet does not compile development, networking with economic the changes of the state’s economic development statistics on specific sectors that are affected by development professionals from across the state, over the years and thanked KAED for its work. wage theft. Responding to a follow up question, and solutions for cross-marketing in Kentucky. After a question from Representative Deputy Secretary Nemes said that investigators Mr. Goode said KAED works very closely with Kim King, Mr. Goode said that when a company will now have additional tome to be able to the Cabinet for Economic Development to is deciding to locate to a particular state, right concentrate more on the backlog due to the assist with facilitating job retention, growth, and to work laws definitely are a factor. He said it repeal of the prevailing wage law. creation of entirely new opportunities. will take time to analyze the economic impact Senator Jimmy Higdon commended the KAED’s three main goals are to of passing right to work legislation. Mr. Thomas Cabinet for its Apprenticeship Program and the advocate, educate and connect. The organization added that in the past Kentucky was competing KY FAME Program. He said the programs help holds weekly public policy conference calls with with other states, but now the competition is youth to develop soft skills and to get adjusted key legislators, lobbyists and policy makers. It between Kentucky counties. Mr. Goode said to a work environment. Senator Higdon said the educates its members at annual conferences with KAED would be willing to be involved with future of developing the state’s workforce starts top consultants from all over the country and discussion on comprehensive tax reform as it THE KENTUCKY GENERAL ASSEMBLY 25 relates to economic development. Chandani Kemper, Dale Hardy, Crystal Allen, jails hold the highest wait list due to limits with Replying to Representative Wilson Brian Lock, Matt Trebelhorn, and Elishea space. There is no wait list with community Stone, Mr. Goode said economic developers Schweickart. mental health. can get creative with incentives for companies Update from the Justice Cabinet Responding to a question from locating in Kentucky that are not necessarily tax Secretary John Tilley thanked the committee Representative Jenkins, Secretary Tilley stated incentives. Mr. Thomas agreed and noted that for hearing the Justice Cabinet’s presentations. that the financial impact of the program is every state offers tax incentives for businesses, Department of Corrections: Substance predicted to be $30 million. The Justice Cabinet but equally important is ensuring the longevity Abuse Medication Assisted Treatment is preparing for it as best as it can. The cabinet is of companies in the Kentucky communities and The Secretary of the Justice Cabinet, John working daily with the Cabinet for Health and making sure the companies are supplied with a Tilley, testified about substance abuse medication Family Services to find ways to fund and make skilled workforce. assisted treatment, with Commissioner Jim treatment available to everyone who needs it. Representative C. Wesley Morgan said Erwin and Kevin Pangburn, Director of Responding to a question from that since the prevailing wage has been repealed Substance Abuse Services. Representative Burch, Secretary Tilley stated the Madison County School District has been Commissioner Erwin stated that, due to that there are 24,000 state inmates in Kentucky. able to save $1.2 million in construction costs for Senate Bill 192, the department has been able Ninety percent of court dockets are drug related. a new high school. to use new treatments for substance abuse that Kentucky State Police: Rapid DNA Responding to Representative St. Onge, it had not been able to use in prior years. Senate Collection upon Felony Arrest Mr. Goode confirmed that KAED would be able Bill 195 provided funding for the use of vivitrol, Secretary Tilley, Laura Sudkamp, Kentucky to help her facilitate a twin cities program. which is a medication that is used to treat opioid State Police (KSP) Lab Manager, Lieutenant Representative Jason Nemes said that and alcohol addictions. This medication is also Colonel John Bradley, and Regina Wells, DNA Louisville was recently named as the number one combined with counselling, behavior therapies Database Supervisor, discussed rapid DNA place for manufacturing in the country and that and monitoring from social services clinicians collection. although new companies should be recruited to ensure the best chance of addiction recovery. Lieutenant Colonel Bradley stated that the from out of state, attention should still be given The program is known as Substance Abuse goal of the presentation is to try to destigmatize to existing Kentucky employers and employees, Medication Assisted Treatment (SAMAT). The DNA use. While DNA is the key to a person’s especially those at Ford Motor Company and its medication is started 60 days before an inmate is genetics, the use of DNA by law enforcement union--UAW. released, and the continuation of this medication is only an identification service that can lead to With no further business to come before after release can be funded by the Affordable convictions or exonerations. the committee, the meeting was adjourned at Care Act (ACA). Ms. Sudkamp testified about the federal 2:48 p.m. The drug treatment program began in March Rapid DNA Act. Rapid DNA is new technology 2016. There are 12 adult facilities in Kentucky, and that can be used in a few different ways, with the Interim Joint Committee on inmates in all 12 facilities qualify to participate goal being to receive DNA results in two hours Judiciary in this drug treatment program. Mr. Pangburn or less. Rapid DNA testing started by being used Minutes of the 2nd Meeting stated that, by the time program participants by the military and has now moved to crime of the 2017 Interim receive treatment at one of Kentucky’s prisons, labs. Rapid DNA testing has also upheld as July 7, 2017 they have already failed numerus attempts at constitutional during Maryland v. King. Call to Order and Roll Call substance abuse treatment. Participant selection Phase one of Rapid DNA testing is to allow The 2nd meeting of the Interim Joint and acceptance into the drug treatment program them to be outside of the laboratory. A cheek Committee on Judiciary was held on Friday, July include: swab will be taken upon arrest at booking 7, 2017, at 10:00 AM, in Room 131 of the Capitol substance abuse history related to alcohol / stations. The sample will be put into the testing Annex. Senator Whitney Westerfield, Chair, opioids, instruments at the jails, and results will be ready called the meeting to order, and the secretary completion of cognitive-based Substance within two hours. The identification made by called the roll. Abuse Treatment Program, Rapid DNA is the same as an identification made Present were: requires voluntary involvement, by using fingerprints. Phase two will get Rapid Members: Senator Whitney Westerfield, Co- medical and mental health screening, DNA instruments into the labs. If an unfortunate Chair; Representative Joseph M. Fischer, Co- negative urinalysis testing results during disaster were to occur in Kentucky, Rapid DNA Chair; Senators Danny Carroll, Perry B. Clark, follow-up appointments. collection would make identification of persons Ray S. Jones II, Alice Forgy Kerr, John Schickel, Currently, the total number of candidates is involved much faster compared to the current Wil Schroder, Dan “Malano” Seum, and Robin 821. One hundred inmates have been released use of extracting DNA from bones. Currently, L. Webb; Representatives John Blanton, Larry from prison on Vivitrol, and there is an 80 percent identification following DNA collection from Brown, Tom Burch, McKenzie Cantrell, Daniel success rate. Upon release, vivitrol continuation bones can take weeks to months. Elliott, Angie Hatton, Joni L. Jenkins, Stan Lee, is voluntary. SAMAT is the national model. Ms. Sudkamp stated that the KSP lab would Chad McCoy, C. Wesley Morgan, Kimberly Responding to a question from be able to handle an increase in samples if Poore Moser, Jason Nemes, Jason Petrie, Brandon Representative Moser, Mr. Pangburn stated that Rapid DNA were to be used in Kentucky. Rapid Reed, and Gerald Watkins. is a six month program. Commissioner Erwin DNA would help with identification of many Guests: Secretary John Tilley, Commissioner stated that the drug treatment program is based unidentified remains. The process would be Jim Erwin, Kevin Pangburn, Lieutenant Colonel on allowances from Senate Bill 192 because that much faster and less expensive. John Bradley, Laura Sudkamp, Regina Wells, is how funding is acquired. Responding to a question from Senator Mitch Charney, Judge Marie Hellard, and Steve Responding to a question from Westerfield, Ms. Sudkamp stated that the Rapid Klipp. Representative McCoy, Commissioner Erwin DNA database would be accessed by certified LRC Staff: Katie Comstock, Alice Lyon, stated that there is a six month wait list. County users. Booking stations would only be able to

26 2017 Interim LEGISLATIVE RECORD submit DNA samples but would not be able to Responding to a question from Neal, Reginald Thomas, Johnny Ray Turner and access database information. Representative Nemes, Mr. Charney stated that Stephen West; Representatives Danny Bentley, Responding to a question from Senator if a man is on the registry his rights are protected Regina Bunch, Jim DeCesare, Mark Hart, Mary Webb, Secretary Tilley stated that three states in Kentucky. Lou Marzian, Charles Miller, Phil Moffett, have stand-alone labs. Foster Parent Standing Kimberly Poore Moser, Rick G. Nelson, Melinda Responding to a question from Marie Hellard, Family Court Judge, testified Gibbons Prunty, Jody Richards, Steve Riley, Representative Nemes, Ms. Sudkamp stated about foster parent standing. In Kentucky, Attica Scott, James Tipton, Russell Webber, and that if the DNA sample can be removed from foster parents have no legal rights relating to Jill York. the system and destroyed if someone’s charges the children in their care. Judge Hellard spoke Guests: Stephen Pruitt, Commissioner, have been dismissed or expunged. Tampering or briefly of a family she met who led her to pursue Kentucky Department of Education; Andre’ selling DNA is a criminal act. her mission to encourage foster parent standing Dulaney; Bob Rowland, KASA, KRTA; Kathy Responding to a question from Senator in Kentucky. Nineteen states have given at least Moore, KDE; Eric Kennedy, KSBA; Abby Piper, Schickel, Ms. Sudkamp stated that the rape kit some standing to foster parents. MML&K; Barbara Hamilton, Shannon Jett, backlog has decreased to 470. Judge Hellard discussed the difficulties and Wanda Carter, DJJ; Phil Shepherd, KCAE; Responding to a question from Senator foster parents face, the children they care about, Wayne Young, KASA. Carroll, Ms. Sudkamp stated that Rapid DNA and the unfairness she believes the parents face LRC Staff: Jo Carole Ellis, Janet Stevens, testing must be done on arrest. An officer cannot due to having no rights over the children they Joshua Collins, Yvette Perry, and Christal White. take a sample without arrest and cause. are raising. If foster parents were to acquire Chairman Wilson read and presented Responding to a question from Representative standing, it would not be any cost to the state. Janet Stevens with a resolution honoring her Brown, Ms. Sudkamp stated that other methods She believes it would encourage more people to retirement at the end of July. of identification, such as fingerprints, would be become foster parents, which would improve Approval of the minutes of June 12, 2017, used with Rapid DNA testing in cases involving Kentucky’s struggling foster system. meeting identical twins. Responding to a question from Senator Representative DeCesare made a motion to Putative Father Registry Webb, Judge Hellard stated that birth parents adopt the minutes of the June 12, 2017, meeting, Mitch Charney, an attorney with Goldbery who are actively trying to improve their lives will seconded by Senator West. The motion passed by Simpson, testified about bringing a putative not lose the rights to their children. voice vote. father registry to Kentucky. A putative father Due to time constraints, Mr. Ronald Ferrier Senate Bill 1 and Kentucky’s New registry is a registry that an unwed man who has was unable to speak in opposition of foster Accountability System fathered a child may join to protect his parental parent standing. He gave committee members a rights over a child. This would allow a man to be letter explaining his story and position. Chairman Wilson said the Every Student notified when the child is placed for foster care PremierTox Laboratory Succeeds Act (ESSA) was signed into law in or adoption. Steve Klipp, President of PremierTox December, 2015. The passage of Senate Bill 1 Mr. Charney stated that Indiana has a registry Laboratory, testified about his company. with bi-partisan, unanimous support during the that would be a good model. Indiana’s registry PremierTox Laboratory is a CAP accredited 2017 Regular Session allows Kentucky to move gives clarity to the rights and responsibilities for independent drug testing laboratory in Russell K-12 education forward. Clear guidelines are putative fathers. If a man registers, he is entitled Springs. PremierTox also operates in eight other provided for the Kentucky Board of Education to notice in the case of an adoption; if he does not states and plans to expand to three additional (KBE) to reinvent school accountability and register, he is not entitled to notice or paternity states in the near future. Mr. Klipp stated said adjust regulations to better serve school districts. establishment, and he is barred from contesting the laboratory is known for timely results, its The feedback received from the Commissioner the adoption. The registry helps protect adoptive software, low-cost testing, and the hiring of local of Education, Secretary Heiner, the Governor’s parents who may be at risk of losing the child residents. Office, fellow legislators, educators, Kentucky to the birth father later in life. A man has from There being no further business, the meeting Education Association (KEA), Jefferson the child’s conception to 30 days after birth to was adjourned at 12:20 PM. County Teachers Association (JCTA), Kentucky register. There is a $50 registration fee that is Association of School Superintendents (KASS), used to fund the registry. Since 1994, 16,120 men Interim Joint Committee on and the Kentucky School Board Association have registered. The Indiana Supreme Court has Education (KSBA) has been valuable and has instilled upheld the constitutionality of the registry. Minutes of the 2nd Meeting confidence that Senate Bill 1 successfully purges Responding to a question from Senator of the 2017 Interim No Child Left Behind (NCLB) and effectively Seum, Mr. Charney stated that if a woman July 10, 2017 mirrors the ESSA. Senate Bill 1 coherently aligns identifies the birth father when she places her Call to Order and Roll Call K-12 academic standards, state assessments, child up for adoption, the attorney or agency The 2nd meeting of the Interim Joint and school accountability and will significantly handling the adoption will notify the father. Committee on Education was held on Monday, increase post-secondary readiness of Kentucky’s Responding to a question from July 10, 2017, at 1:00 PM, in Room 154 of the graduates, increase local decision-making, and Representative Petrie, Mr. Charney stated that Capitol Annex. Senator Mike Wilson, Chair, decrease bureaucratic burdens for educators. the Indiana statute was challenged and upheld in called the meeting to order, and the secretary Stephen Pruitt, Commissioner, Kentucky Indiana. He was unsure if it was challenged in called the roll. Department of Education (KDE), discussed federal court. Present were: KDE’s proposed regulations for Kentucky’s Responding to a question from Members: Senator Mike Wilson, Co- new school accountability design and how the Representative Burch, Mr. Charney stated that Chair; Representative John Carney, Co-Chair; proposal aligns with Senate Bill 1. While progress he believed it is the obligation of a man to find Senators Julie Raque Adams, Danny Carroll, has been made in Kentucky, Commissioner Pruitt out if he has helped conceive a child. Jimmy Higdon, Alice Forgy Kerr, Gerald A. said the development of ESSA and Senate Bill 1 THE KENTUCKY GENERAL ASSEMBLY 27 creates an avenue to take Kentucky to the next culturally and linguistically diverse through passion and provided a chart of readiness criteria level. With the work continuing for a year and high quality standards, assessments, research, for each of these areas. a half and over 400 people serving on different and professional learning for educators. The Opportunity and access will include committees, multiple shareholders had a hand 2012 amplification of ELDS was developed with providing equitable availability to research based in the development of the accountability system. input from leaders in the field and educators in student experiences and considering school Dr. Pruitt referred to the KDE/ESSA webpage at WIDA Consortium-member states. The process factors impacting student success and measures www.education.ky.gov for detailed information. was formed by the latest developments in both beyond test scores. Points will be earned for Kentucky’s focus is to insure that students English language research and state content areas of providing rich curriculum, equitable have skills and knowledge necessary to pursue standards for college and career readiness. access, school quality, and social and emotional their passion, whether a student goes directly to Schools will earn credit based on whether and support to students. Dr. Pruitt explained in detail the workforce or into post-secondary education. how much the student’s performance “catches the required measures and the selected measures The system addresses the achievement gap and up, keeps up or moves up” toward proficiency and said schools will be responsible for offering is designed to promote and hold schools and and achievement. Catch up specifies proficiency career pathways aligned to the most needed districts accountable for student achievement, is achieved within two years, keep up signifies areas. without placing undue burden on the districts student proficiency has continued, and move Dr. Pruitt said the overall accountability or teachers but putting more focus on students. up designates improvement has occurred. rating will be based on performance indicators Indicators of the accountability system work The system, as required by ESSA and Senate and will range in five levels from very low to together to complete an accurate synopsis for Bill 1, places more emphasis toward English very high and then combined for an overall Kentucky schools and the education students language through the WIDA assessment. While rating. All schools will have a supplemental label receive. promoting growth, the system also allows a of gap closure or gap issues. This supplemental Dr. Pruitt said Senate Bill 1, known as the penalty if student regression is indicated. designation is intended to close differences in “Let Teachers Teach Bill,” as well as coherency Regarding the achievement gap closure, Dr. achievement between students of historically within the accountability system is important. Pruitt said the overall rating for schools is geared low-performing or high-performing schools. The proposed system keeps students at its toward a five-star rating, with the lowest rating A five-star rating in the gap closure category center and overall school/district classification being one star. If a significant achievement gap is requires a very high rating in proficiency, growth, is determined by performance on proficiency, noted in a particular school or district, a rating graduation rate, opportunity and access, and growth, graduation rate, closing the achievement higher than three will not be allowed. A group- significant progress in achievement gap closure. gap, transition readiness, and opportunity and to-group index was added to reduce or close the In the gap issue category, a one-star rating is access. disparity in performance between student groups very low, comprises the bottom 5 percent, and Proficiency is defined as achieving the with a goal of reducing or closing the gap by includes the comprehensive support schools. desired level of knowledge and skills and is moving all students to higher levels and moving Dr. Pruitt said KDE is working with a vendor measured on state assessments in English/ those at the lowest levels more rapidly. Students to develop a dashboard mockup with pie charts language arts (reading, writing, and editing will be measured on state assessments in English, that can be viewed as the report card, including mechanics), mathematics, science, and social mathematics, science, and social studies, and an overall rating as well as individualized details studies. Student performance levels will continue those subjects will be equally weighted. Gap to per category. Comparisons will be available for to be identified as novice, apprentice, proficient, Group compares student performance between school, district, and state rankings. and distinguished, with a target for all students referenced student groups and compared A goal by the year 2030 has been established to reach proficiency level or above. Points earned student groups. Gap to Proficiency is the group to increase student proficiency rates significantly are based on student performance level; advanced performance compared to the goal of 100 percent for all students, decrease the achievement gap of students taking higher level tests earn more proficiency. Gap to Group and Gap to Proficiency lower-performing student groups by 50 percent, points and equal weight is given for all tested will be reported separately but combined equally increase the proportion of early learning students subjects. He said the system enhances the idea to produce an indicator score. Credit earned will making significant progress toward becoming of a student moving forward when academically be based on student performance level. proficient in English language, and significantly ready instead of their age or the grade level in Transition Readiness measures the student’s increase the graduation rate for all students and which they should be, allowing students to prove attainment of the necessary knowledge, skills, each student group. Specific goals will be set for what they know through testing. and dispositions to successfully move to the next each student group and each academic area at Growth relating to elementary and middle level of education, career, or life. Once called each level. Dr. Pruitt said it is important to ensure school students will monitor a student’s college and career readiness, the language has the changes are compliant with the American continuous improvement toward the goal of changed due to observing elementary readiness Disabilities Act (ADA). proficiency and beyond. Students will have an for middle school and middle school readiness In response to Representative DeCesare’s annual personal target for improvement based on for high school. An elementary student must concern regarding the provider and coverage individual student trajectory toward proficiency meet or exceed a benchmark on a composite for the cost of technical readiness testing, and above and will be measured on progress score combining the student’s performance on Dr. Pruitt said Senate Bill 1 specifically targeting reading and mathematics through English/Language arts, mathematics, science, addresses articulated credit and said the cost equally weighted state assessments. English and social studies by the end of grade 5 whereas of the Kentucky Occupational Skills Standards Language Development Standards (ELDS) will middle school students must meet or exceed Assessment (KOSSA) exam is covered because measure progress toward English attainment these same requirements by the end of grade 8. of a strict, articulated agreement with KDE. through World-Class Instructional Design High school students must have a high school Representative DeCesare referred to the National and Assessment (WIDA). WIDA advances diploma and meet certain requirements of having Career Readiness Certification (NCRC), a more academic language development and academic academic, technical, or military readiness. Dr. well-known and highly recognized industry achievement for children and youth who are Pruitt said children should be able to follow their certification and said the KOSSA exam is

28 2017 Interim LEGISLATIVE RECORD not widely recognized or accepted by many paying for industry certifications for all students. Agency Council (SIAC), Dr. Pruitt hopes to companies. He expressed concern that KDE will Dr. Pruitt said last year KDE covered the cost raise awareness and have discussions on social, cover the cost of KOSSA and other certification for low-income students to take an Advanced emotional, and drug-prevention issues. programs recommended through the regional Placement exam and experienced a 25 percent In response to a question by Representative Kentucky Workforce Innovation Board (KWIB), increase; however, funding won’t be possible Tipton, Dr. Pruitt said KDE must have a although funding appears to have been removed next year. conversation encompassing K-16 regarding for NCRC testing. Senator Neal applauded the committee and graduation requirements to discuss academic Responding to a question from legislature for passing responsible legislation and technical readiness and needed changes. Representative Moffett, Dr. Pruitt said if an but is concerned that backing words with Universities are considering different aggressive goal of closing the gap by 50 percent actions regarding the budgetary aspect have methodologies by replacing developmental is achieved, the results will put students in the not happened historically throughout the years. studies or remediation classes with more co- upper 70 or lower 80 percentile rating. He said Dr. Pruitt and Senator Neal agreed that if the curriculum support. Dr. Pruitt said there is a when addressing the gap between proficiency legislature makes a commitment and raises the need to determine if graduation requirements and where the student is actually classified, priority, it is highly conceivable that the goals set are appropriate, if the information is verifiable various racial and socio-economic groups are forth can be achieved. through performance, and if the passing grade taken into consideration. He said the goal is to Responding to a question from in a course is accurate. The Kentucky Center for push students toward proficiency but at the same Representative York, Dr. Pruitt said when a Educational and Workforce Statistics gives KDE time study group to group to insure all students district’s gifted student population may appear an avenue for tracking post- high school for are included. the same, the diversity of the county may be a in-state students but privacy issues are a factor. In response to a question from Representative factor. KDE is looking for a better way of tracking kids Moffett regarding schools who are classified In response to a question from going to college, going immediately into careers, as distinguished with fewer than half of the Representative Weber, Dr. Pruitt said there are and success rates. students reading at grade level, Dr. Pruitt said legal issues involving students being drug tested Responding to a question from the new five-star rating should bring schools and therefore it is not part of the accountability Representative Prunty, Dr. Pruitt said testing in more in line. Regarding opportunity and access, system. He said essential skills are part of the math and reading occur in grades 3 through 8, Representative Moffett encouraged KDE to graduation requirement and may need a better science in grades 4 and 7, social studies in grades focus on academic monitoring and use social definition. Dr. Pruitt said caution must be 5 and 8, and writing in grade 5 and 8. He said services and other groups to provide services but taken regarding drug testing due to the Family every test each year has reliability as to what not make those services a conglomerate for all Educational Rights and Privacy Act (FERPA) students know and is a valid measure. families and students. concerns and unintended consequences, and In response to Representative Prunty’s Responding to a question from drug testing would be a huge undertaking for question, Dr. Pruitt said because so much Representative Riley, Dr. Pruitt said a score of many districts that would require a well-thought- attention is given to test scores, science is 50 is needed on the Armed Services Vocational out implementation plan. typically taught in elementary schools only Aptitude Battery (ASVAB) test to meet In response to a question from Senator during testing years. KDE has implemented a career readiness standards for students in the Higdon, Dr. Pruitt said Kentucky meets the true science assessment which includes providing military. A 50 is equivalent to benchmarks for minimum Federal requirement testing standards, training on better classroom and assessment a college admission exam and opens up more with the exception of adding social studies. development by teachers and introducing course opportunities for the student. Senate Bill 1 produces on-demand writing in tasks that measure progress but are not tied to In response to a question from both elementary and middle school and the accountability. Representative Riley, Dr. Pruitt said KDE is system will concentrate less on test scores and Responding to Senator Carroll’s question, currently writing a Request for Proposals for the get back to the basics of good instruction, test Dr. Pruitt said special needs students must college admissions exam and a full bid process preparation, and relieving the burden on teachers. be a primary focus for schools. He said they will follow. Concerning on-demand testing and He said mandating students to take additional are a component of the accountability system, end-of-course testing, Dr. Pruitt said budgetary math and reading classes is counterproductive if excluding less than 1 percent with cogitative constraints play a huge part, and KDE is looking the student is more interested in classes such as disabilities who will be given an alternative at options that may be a better indicator. Dr. Pruitt art, science, or social studies. assessment with performance levels subdivided suggested the idea of a hybrid approach, where Responding to a question from Senator into low and high levels as a means to measure modules are included that students are able to Higdon, Dr. Pruitt said the bottom 5 percent growth. In his role as superintendent for take throughout high school and test according should be identified and supported to attain a Kentucky School for the Deaf and Kentucky to the courses they complete. Representative benchmark. School for the Blind, Dr. Pruitt said a goal is Riley said high school students should never Representative Tipton said schools may moving these groups to an accountability system be given a test for accountability for which the be unaware of extenuating circumstances at a and away from compliance mentality to quality school or district is not held accountable. student’s home and feels the DARE program mentality. Senator Neal commended the legislature for should be implemented earlier than fifth grade, In response to Representative Bunch’s consistent and refreshing accountability and its especially with the drug epidemic today. Dr. question as to whether KOSSA and WorkKeys alignment with Kentucky Education Reform Act Pruitt said KDE will be working more closely measure the same skills, Dr. Pruitt said KOSSAs (KERA). Responding to a question by Senator with social and emotional health professionals, are specific to the career pathway, and he is Neal, Dr. Pruitt said KDE will need legislative revising health standards, and looking at states not as familiar with WorkKeys but will ask support through budgetary funds and indicated with high rates of success. Dr. Pruitt said KDE staff to compare the similarity and inform the many of the aspects could be expensive, such as is unable to force programs on schools. In committee. Representative Bunch is concerned changing the high school assessment system and his position as Chairman of the State Inter- if one certification is recognized by the industry THE KENTUCKY GENERAL ASSEMBLY 29 and a different certification tool is presented, it year is attached to graduating in four years and Autonomous Vehicle Issues will be difficult to measure unless they are similar places emphasis on remaining in college. He said National Overview of State Action in content. Dr. Pruitt said KDE is working with this is where the partnership between K-12 and Anne Teigen, Transportation Program the KWIB for clarification. He said KOSSA higher education must continue and get stronger. Principal, National Conference of State is mainly there for articulating credit and the Responding to a question from Representative Legislatures (NCSL), gave an overview of state industry certification specific to a pathway is Carney, Dr. Pruitt said Kentucky must submit its actions concerning autonomous vehicles (AVs). the bigger piece, such as welding, carpentry, or ESSA plan to the USDE by September 18, 2017, Nineteen states and the District of Columbia auto mechanics. Dr. Pruitt said KDE is working for review and approval. The plan will be sent have enacted autonomous vehicle legislation. through details, but the focus is giving students to the Governor for his review 30 days prior to Executive orders concerning AVs have been industry certifications when they graduate submission to the federal government. Dr. Pruitt issued in Arizona, Massachusetts, Washington, high school. Career and technical pathways are said Senate Bill 1 basically ended Unbridled and Wisconsin. Companies across the United already embedded in our schools but KDE needs Learning. The next school year will be a period States are testing AVs, including in states where to determine a way to insure essential skills are of transition, discussion will occur regarding the legislatures have not passed AV laws. offered as well. He said KDE does not want to test results that concentrate on kids and not on Nevada was the first state to authorize create a new test for it, but is strongly committed points, and there will be a focus on the aspects the testing and operation of AVs in 2011. The to making sure essential skills are in all schools. of measurements at the local level that will be Nevada Center for Advanced Mobility initiative Chairman Wilson stated that if the NCRC submitted to KDE. He said the new system will was established in 2016 involving the Governor’s is recognized as an industry certification and be in place in 2019. Office of Economic Development, the Nevada the WorkKeys assessment leads to NCRC, Adjournment Department of Transportation, the Department then WorkKeys should be included in the There being no further business, the meeting of Motor Vehicles, and the University of accountability system. Dr. Pruitt said he would adjourned at 2:50 p.m. Nevada-Las Vegas. In May, Nevada announced look into the issue and provide information to a partnership to create a statewide vehicle- the committee. Interim Joint Committee on to-vehicle network. In October 2016, the first Responding to a question by Senator West, Transportation autonomous vehicle restricted license was issued. Dr. Pruitt said KDE’s focus is to ensure that Minutes of the 2nd Meeting Nevada requires a company to submit a permit a diploma earned in Kentucky alleviates the of the 2017 Interim application, a $5 million bond, and proof that need for mediation when a student reaches July 6, 2017 its self-driving vehicles have completed 10,000 college level. He would like to see high school Call to Order and Roll Call miles of testing before they can be allowed on assessments restructured and a willingness to The 2nd meeting of the Interim Joint public state roads. During the tests, the vehicles discuss innovative ideas, which could have a Committee on Transportation was held on must be supervised by people sitting in the more predictive power than the current college Thursday, July 6, 2017, at 10:00 AM, in Room driver and passenger seats. Approved vehicles admission assessments. Senator West said part 154 of the Capitol Annex. Representative Marie are given a red license plate to denote that they of Senate Bill 1 asks KDE to come up with a Rader, Chair, called the meeting to order, and the are autonomous. In May 2016, Otto, a subsidiary measurement for school climate and school secretary called the roll. The minutes from the of Uber, conducted a media event where a truck safety. Dr. Pruitt said it is included as part of the committee’s June 6, 2017 meeting were approved. was driving on I-80 that did not have proper opportunity and access category. The Teaching, Present were: permitting, and the driver was in the back of Empowering, Leading and Learning (TELL) Members: Senator Ernie Harris, Co-Chair; the cab. At the time, Nevada did not have any survey is a good assessment for school climate Representative Marie Rader, Co-Chair; Senators penalties for violators. In 2017, new legislation and safety, but that particular tool is not currently C.B. Embry Jr., Jimmy Higdon, Gerald A. Neal, provided for a penalty up to $2,500 per violation. in the accountability structure. KDE is reviewing Albert Robinson, Brandon Smith, Johnny Ray The 2017 legislation also develops laws relating factors that impact what makes a school safe and Turner, and Mike Wilson; Representatives Tim to companies such as Lyft and Uber. what makes a quality school climate, including Couch, Ken Fleming, Chris Fugate, Al Gentry, Ms. Teigen stated California passed chronic absenteeism, course offerings for all David Hale, Chris Harris, Toby Herald, Dennis autonomous vehicle legislation in 2012. The students, and effective or non-effective teachers. Horlander, Kenny Imes, Dan Johnson, James California DMV issued draft regulations in Senator West said it is important to have an Kay, Donna Mayfield, Robby Mills, Tim Moore, 2015 that would have required a licensed driver aggressive path to improve reading levels by third Rick Rand, Steve Riggs, Sal Santoro, John Sims behind the wheel at all times in an AV. These grade, as this is a building block and component Jr, Jim Stewart III, and Walker Thomas. Senator draft regulations received a lot of backlash from for all other learning. Dr. Pruitt responded he Dorsey Ridley attended the meeting via Go-to- the industry who argued that the regulations expects legislation in the 2018 session addressing meeting videoconference. were onerous and they created roadblocks to this issue and added KDE will need funding and Guests: Anne Teigen, Program Principal, innovation. In 2016, the legislature passed a bill intervention support. Transportation, National Conference of State authorizing the Contra Costa Transportation In response to a question from Representative Legislatures; Jason Siwula, Assistant State Authority to test the first fully autonomous Richards, Dr. Pruitt said Kentucky history is Highway Engineer, Department of Highways, vehicle not equipped with a steering wheel, brake taught in the 4th grade, and KDE is working on Kentucky Transportation Cabinet (KYTC); pedal, accelerator, or operator, on a California a revision to bring social studies standards up Marty Frappolli, Senior Director of Knowledge road. This was the next step in integrating these to date. He said Kentucky has a fascinating and Resources, The Institutes; John Mark Hack, AVs after they had been tested on private roads. robust history on which we should place more Commissioner, Department of Vehicle In September 2016, the DMV issued a revised emphasis. Regulation, KYTC; Ann D’Angelo, Attorney, draft of regulations, and subsequently in March Responding to a question from Representative KYTC. 2017 the state released more proposed draft Richards, Dr. Pruitt said the postsecondary LRC Staff: John Snyder, Brandon White, regulations relating to driverless testing and performance-based funding model passed last Dana Fugazzi, and Christina Williams. deployment regulations that were loosened in

30 2017 Interim LEGISLATIVE RECORD the 2015 regulations. Traffic Safety Administration (NHTSA) released limited situations and can inform the driver In 2016, Michigan passed a 4 bill package. a Federal Automated Vehicle Policy (FAVP). The when he/she must take control. A level four is One bill eases testing restrictions, providing policy is the first edition, and the administration high automation where a vehicle performs all that a researcher does not have to be present indicated they expected the policy to be aspects of driving under certain conditions. A inside an autonomous test vehicle. However, the updated frequently. The FAVP provides a level five automation is full automation where researcher would promptly have to take control roadmap for states, the federal government, and a vehicle performs all aspects of driving under of the vehicle remotely if necessary, or the vehicle manufacturers. The policy provides a section any conditions and can operate with or without a would have to slow down or stop on its own. The which attempts to define state and federal roles in driver or occupants. second bill allows AVs to be driven on roads in AV policy. The federal roles specified by the policy Mr. Siwula stated there are numerous the state when they are sold to the public. The include continued development and enforcement benefits that can be realized from the adoption of third bill allows for truck platooning, which of federal motor vehicle safety standards, federal AVs including crash reductions, route planning, involves commercial trucks traveling closely determination for the need for vehicle recalls, increased capacity of current infrastructure and together at electronically coordinated speeds. and regulations regarding vehicle performance. reduced congestions, improved transportation The fourth bill finalized the American Center for The FAVP includes a model state policy which access for underserved populations such as the Mobility. enumerates topics where states traditionally have elderly and disabled, reduced freight transport Ms. Teigen stated that, although Nevada, regulatory authority with conventional motor costs through related technologies such as truck Michigan, California and Florida were at the vehicles, such as driver training and education, platooning which can improve fuel efficiency AV legislation forefront, a number of states are traffic laws and regulations, vehicle registration by 5-10 percent, and increased productivity now taking legislative action. Many are passing and driver licensing, insurance and liability, by allowing other activities to be performed laws addressing the testing process of AVs within law enforcement and emergency response, and instead of driving. Mr. Siwula stated according to each state, whether on public roads or in limited safety inspections. NHTSA human factors contribute to 94 percent facilities. At least seven states and the Washington One area of discussion surrounding AVs on of crashes on the U.S. highways. If Kentucky D.C. have developed laws that address testing of various levels is preemption and determining could reduce crashes by utilizing AVs by 90 AVs. States are defining a number of significant the appropriate roles for federal, state, and local percent, there would be 753 fewer lives lost and terms such as the definition of autonomous governments. Some states preempt localities $16 billion less in vehicle accident costs annually. vehicles, automated driving system, and operator, from regulating AVs and their boundaries. Some Kentucky serves as a major junction for the in order to provide clarity. In most states that entities have argued that regulations should be nation’s freight network. U.S. freight volumes have enacted AV legislation, “operator” is defined focused at the federal level. The FAVP policy are expected to increase 40 percent by 2040. as the person who causes the automated driving recognizes that there are a number of areas Businesses and citizens are taking notice of system to engage, whether or not the person is where the authority for regulation is vested Kentucky’s freight and logistics leadership. It physically in the vehicle. strictly within the state and local levels. is possible that AVs will be a big portion of the The industry has expressed the need for At the 2017 Legislative Summit, there will be future of the freight industry. In April 2017, the insurance to cover testing of autonomous vehicles. a session on the legal landscape of autonomous Lane Report recognized Amazon’s investment The typical insurance minimum requirement vehicles. Bryant Walker Smith, a nationally in Kentucky by stating that Amazon fulfills is $5,000,000 for testing in California, Florida, recognized expert on AVs will share his insight Kentucky’s goal to be the world’s logistics leader. Nevada, and New York. Michigan requires a on the existing legal framework, legislative Mr. Siwula stated there are policy issues minimum $10,000,000 coverage. Some states trends, and how laws may need to change to surrounding the use of AVs. There are states make it clear that a manufacturer is not liable address this technology. Legislative and industry and transportation agencies that largely for damages resulting from a third party’s representatives will share their perceptions regulate drivers, such as driver licensing, driver modification of a vehicle to make it autonomous. on the fast-moving technological climate and training, and conditions of operation. There is Along with the development of AVs, requisite policy changes needed. also vehicle manufacturing type of regulation automated technology is being addressed relating which is handled by the U.S. Department of to freight transportation. This technology can KYTC’s AVs Working Group Transportation, NHTSA, and the Federal Motor allow trucks to travel in a platoon with multiple Jason Siwula, Assistant State Highway Carrier Safety Administration. The Federal trucks traveling close together at coordinated Engineer, Department of Highways, Highway administration handles roadway speeds. Most states currently have laws that Kentucky Transportation Cabinet, testified regulations and working with states to create require a certain following distance for heavy on opportunities and challenges with AV policy regarding roadways. Key concerns about vehicles. At least eight states have passed implementation at the state level. The term self- AVs are striping and signage and how the vehicle legislation to modify those laws to allow for driving vehicle is used frequently in conjunction will interpret them. Cybersecurity and data are truck platooning. with autonomous vehicles. He explained the 5 also policy issues. In 2017, 33 states considered AV legislation; levels of automation for an AV. Level zero is no Mr. Siwula reiterated Ms. Teigen’s comments 96 bills were considered. Since 2012, 41 automation meaning the driver is in control of regarding the FAVP, and that the states will states have considered AV legislation. NCSL the vehicle at all times. A level one automation generally continue regulating the aspects of now includes AVs in its 50 state bill tracking is when a vehicle can assist the driver with some vehicle transportation that they currently database. The governors of four states (Arizona, elements of driving such as adaptive cruise regulate. The FAVP recommends that states Massachusetts, Washington, and Wisconsin) control. A level two is partial automation which develop clear processes and regulations for testing that have not passed AV legislation have issued consists of a vehicle conducting some elements of AVs, resolve ambiguities or problems related executive orders concerning the study, testing, driving such as speed and lane position while the to liability and insurance issues, address crash and operation of AVs. driver continues to be engaged. The level three investigation procedures and safety inspections, automation is conditional automation where establish a system to identify AVs through In September 2016, the National Highway a vehicle can perform all aspects of driving in registration and titling requirements, and direct THE KENTUCKY GENERAL ASSEMBLY 31 law enforcement to limit driver distractions in vehicles and testing them. The test drivers for of services, it is estimated that 6 billion square vehicles that are not fully automated. these vehicles promised to stay engaged, but it meters of parking space can be reclaimed by 2050. Other state autonomous vehicle legislation was discovered that no matter the promise, some Medical care should also change dramatically as topics have included a definition forof the drivers did not stay engaged. He added automobile accidents are the number 2 cause autonomous vehicles, licensing responsibilities, that studies have shown that when you think of lethal accidents in the United States. Mr. authorized training, testing facilities, weather the vehicle is in control, your off-road glances Frappolli stated that it should drop to number 9 restrictions, use restrictions (both testing and increase by 26 percent and you tend to stop cause of lethal accidents by 2050, according to in general), crash and malfunction reporting, paying attention when you do not have to. When some experts. Car accidents should become as event recording such as the use of a black box Google recognized that people who promised to rare as subway accidents. Automobile accidents type of device, requirements for operators, stay engaged were not, it realized this was not the cost over $200 billion per year, therefore billions and liability insurance requirements. KYTC’s way to introduce AVs, and instead halted adding of dollars could be saved as well as the health and Autonomous Vehicle Working Group reviewed autonomous features incrementally and made productivity which could otherwise be injured in Kentucky’s legislation and regulations. This production of AVs fully autonomous. automobile accidents. review was undertaken by KYTC in partnership Mr. Frappolli gave a brief overview of Mr. Frappolli stated there are regulatory with the Kentucky Transportation Center Zipcar, which is a rental, pay as you need it concerns with the use of autonomous vehicles, and focused on the primary areas of driver type of vehicle. Zipcar requires a low monthly such as hacked cars which would enable getaway definitions and requirements, equipment and membership fee, and then an hourly fee when cars with no driver and the use of hacked vehicle regulations, licensing definitions and you need the vehicle. The concept of Zipcar has driverless cars as weapons. There is also a requirements, operational limitations, and safety become useful for people who reside in big cities regulatory concern of distracted operators due equipment. A potential topic for consideration is or cannot afford to own, garage, fuel, insure, or to incrementally adding autonomous features license oversight. maintain a vehicle, it is simply a car when you where some drivers may not think they are Items under consideration by KYTC include need it. There are also car sharing companies driving as they are in higher level vehicles, but defining autonomous vehicle, defining operator that are government sponsored such as Blueindy they actually are. Therefore, the drivers become in the context of AVs, how to specifically which is a service that involves electric cars that distracted. enable AV testing in statute, driver licensing citizens pay for them when you need them, pick Mr. Frappolli stated if neighboring states and registration issues, driver behaviors, and up the vehicle and drop it off at the charging have different laws about autonomous cars, law enforcement issues. Mr. Siwula stated the station. As the move towards AVs occurs, and one state requires a driver for a fully AV, cabinet plans to continue to gather information companies such as Zipcar, Blueindy, Uber, and and a neighboring state does not, that is going and learn from other states through the process Lyft may make modern vehicles “ownerless” to impede travel from state to state. Within of legislating the use of autonomous vehicles. meaning more citizens will choose these types the realm of insurance, the possibility of a KYTC plans to reach out to other Kentucky of transportation rather than owning their own traditional insurance model will be in place and industries and partners to provide information vehicle. The Institutes uses the phrase “streaming a drop in claims should occur with the use of to the General Assembly. transportation services” to describe the above AVs. But over time, a drop in the premium base Insurance Considerations and Long Term modes of transportation, much like there are should occur resulting in insurer solvency issues. Effects streaming video and music services. Urban planning will also be affected as striping Marty Frappolli, Senior Director of Mr. Frappolli stated if AVs become the future, of roads, as well as signage will still be needed, Knowledge Resources, The Institutes, The there are several entities that will be affected, such but on a larger scale if congestion is reduced, and Griffith Foundation, testified about insurance as police, government units relying on local taxes, accidents are reduced and personal auto is safer, considerations relating to autonomous vehicles. car makers and insurers, car repair shops, parking easier, and cheaper, Congress will need to take a Mr. Frappolli stated Elon Musk of Tesla Motors garages, lawyers, home builders and remodelers, look at rail projects that it is funding for transport is quoted as saying “governments may outlaw urban planners, highway engineers, doctors, of people and reevaluate that. Urban planners driving cars because it’s too dangerous. You can’t hospitals, oil companies, coal companies, the have to understand if they are thinking in terms have a person driving a two-ton death machine.” electric grid, the economy, and even criminals. of today’s technology and capabilities, they may Robert Melville, Chief Designer at McLaren One thing that will be significantly impacted be planning something that could be obsolete in Automotive, also anticipates a future where is the $6.2 bill annual revenue that is collected a few years. State, local, federal, and across state human operators of vehicles are outlawed at the in traffic fines. If a human operator of a vehicle governments will ideally find standards for road very least in urban areas. In contrast, Warren is removed, it is hopeful that human error will marking, signal signs and widths of lanes that Buffett is still investing in traditional models also be removed therefore violations of traffic can facilitate travel across regions. He added if of car distribution and sales. The majority of laws will become nearly extinct. The question is traffic congestion is reduced due to the reduction AVs and the future of vehicles in general is still being raised as to how municipalities and police in human error, it could mean a revival of inner guesswork. He presented a four stage level of departments will replace that lost revenue as well cities where congestion is an issue. He added automation, noting that the 0-5 scale used by as what will happen to highway patrol officers. that could also lead to a tremendous build-out Mr. Siwula was perfectly valid, just calibrated Car insurance will also be greatly affected due to of suburbs because commute time could become differently. The high end of both scales is a fully the use of autonomous vehicles. Car insurance is useful and productive. autonomous vehicle. fundamentally protection against human error. Mr. Frappolli stated that most traditional In the future, liability will shift from vehicle Mr. Frappolli reiterated the trend from car manufacturers are incrementally adding operators to manufacturers of the vehicle. The moving to ownership models of vehicles to semi-autonomous features to vehicles such frequency of automobile accidents will also be a streaming model of vehicle usage. Much as a self-parking car, adaptive cruise control, significantly reduced. Parking will be greatly like Polaroid and Kodak were when digital and lane centering. In 2012, Google was also affected by the use of ownerless vehicles. If the photography was introduced, that many incrementally adding self-driving features to reduction of cars is utilized due to these types entrenched companies and even industries will

32 2017 Interim LEGISLATIVE RECORD be threatened by autonomous vehicles. However, Upchurch, Chair, called the meeting to order, decision. These amendments did not impact that many new opportunities will be created. and the secretary called the roll. authorization requirement. Streaming transportation is also a concept that Present were: A motion was made and seconded to approve could become more of a reality in the future. Members: Senator Ernie Harris, Co-Chair; the following amendments: (1) to amend the In response to a question asked by Representative Ken Upchurch, Co-Chair; RELATES TO paragraph to add a statutory Representative Fleming concerning how the Senators Perry B. Clark and Alice Forgy Kerr; citation; and (2) to amend the NECESSITY, gas tax will be affected if AVs and streaming Representatives Jason Petrie and Tommy Turner. FUNCTION, AND CONFORMITY paragraph transportation become more of a reality, Ms. Guests: John Ghaelian, Kevin Winstead, and Sections 1 through 6 and 8 to comply with Teigen stated that is another element to the Office of the Attorney General; Steve Hart, the drafting and formatting requirements of advancement of both concepts that still needs to Board of Pharmacy; Scott Majors, Board KRS Chapter 13A. Without objection, and with be studied. All the legislation that she has studied of Physical Therapy; Brian Judy, Board of agreement of the agency, the amendments were gas tax issues have not been in the forefront. Examiners of Psychology; Mary Badami, Board approved. Tennessee considered but did not pass a per mile of Marriage and Family Therapists; Lee Alcott, GENERAL GOVERNMENT CABINET: gas tax structure. John Marcus Jones, Board of Art Therapists; Board of Pharmacy: Board In response to a question asked by Senator Derek Drury, Board of Interpreters for the Deaf 201 KAR 2:074. Pharmacy services in Embry concerning how an autonomous vehicle and Hard of Hearing, Nicole Sergent Biddle, hospitals or other organized health care facilities. would respond to unpredictable circumstances Board of Prosthetic and Orthotics; Amy Adkins, Steve Hart, executive director, represented the such as missing a deer or black ice, Ms. Teigen Elizabeth Morgan, Board of Medical Imaging board. stated the concerns on how the AVs will handle and Radiation Therapy; Steve Beam, John Hast, A motion was made and seconded those circumstances are certainly valid and those Karen Waldrop, David Wicker, Department to approve the following amendments: to questions are still unanswered. of Fish and Wildlife Resources; Lesly Davis, amend the NECESSITY, FUNCTION, AND Representative Johnson stated John Horne, Energy and Environment Cabinet; CONFORMITY paragraph and Sections 1 and in his opinion a better way to approach the roll Ann DAngelo, Transportation Cabinet; 4 to comply with the drafting requirements of out of AVs would be to go straight to level 5 Duane Curry, Tim House, Steve Milby, David KRS Chapter 13A. Without objection, and with vehicles, instead of incrementally introducing Startsman, Department of Housing, Buildings agreement of the agency, the amendments were autonomous features. In response to a question and Construction; Stephanie Hold, Robert approved. asked by Representative Johnson concerning Silverthorn Jr., Office Inspector General; Board of Physical Therapy: Board the idea or testing of autonomous motorcycles, Sherry Culp, Long Term Care Ombudsman 201 KAR 22:070. Requirements for foreign- Ms. Teigen stated she has not seen the testing of Program; Phyllis Sosa, Department for Aging educated physical therapists. Scott Majors, autonomous motorcycles. and Independent Living; Virginia Moore, executive director, represented the board. Senator Higdon stated that an Commission on Deaf and Hard of Hearing. In response to questions by Co-Chair average vehicle traveling 12,000 miles a year at LRC Staff: Sarah Amburgey, Emily Caudill, Harris, Mr. Majors stated that this administrative 30 miles per gallon, with a gas tax at 26 cents per Betsy Cupp, Ange Darnell, Emily Harkenrider, regulation was being revised to correspond with gallon, yields $104 per year and less than a penny Karen Howard, and Carrie Klaber. the updating of standards by the Federation of a mile. If one looks electric vehicles, it would be The Administrative Regulation Review State Boards of Physical Therapy, which owned easy to put a user fee on them and be able to Subcommittee met on Tuesday, June 13, 2017, the licensing examination. The federation calculate what that would be. and submits this report: analyzed the standards and determined that, In response to a question asked by Administrative Regulations Reviewed by the while there was no need to revise the overall Representative Gentry concerning air travel as Subcommittee: scoring system, an adjustment was needed autonomous, Mr. Frappolli stated drone services OFFICE OF THE ATTORNEY GENERAL: to conform with the requirements of clinical are becoming more prevalent, so he speculates Office of Consumer Protection: Division of and communication competence for foreign- that it is possible for planes to one day become Consumer Protection educated applicants. autonomous as well. Ms. Teigen stated there has 40 KAR 2:145. Funeral planning declaration In response to a question by Senator Clark, not been much data concerning autonomous air form. John Ghaelian, assistant attorney general, Mr. Majors stated that Kentucky was striving to travel currently. and Kevin Winstead, assistant attorney general, recruit and retain physical therapists in the midst The committee reviewed Administrative represented the division. of an aging population. Over the last twelve Regulations 601 KAR 1:018 and 601 KAR A motion was made and seconded to approve (12) years, Kentucky had an approximately 1:113 and neither were found deficient and no the following amendments: (1) to amend the three and nine-tenths (3.9) percent growth rate objections were raised. RELATES TO paragraph to add a statutory in the number of licensees. Over the last two There being no further business, Co-Chair citation; and (2) to amend Section 1 to comply (2) years, that rate had increased to four (4) Rader adjourned the meeting at 11:42 A.M. with the drafting and formatting requirements of percent. The western Kentucky physical therapy KRS Chapter 13A. Without objection, and with program, which had been fully functioning Administrative Regulation agreement of the agency, the amendments were for approximately one (1) year, was further Review Subcommittee approved. enhancing that growth, and Governor Bevin had Minutes 40 KAR 2:150. Cremation forms and signed HB 227 from the 2017 regular legislative June 13, 2017 inspections. session. HB 227, the Physical Therapy Licensure Call to Order and Roll Call In response to a question by Senator Clark, Compact, was expected to further boost growth The June meeting of the Administrative Mr. Winstead stated that this administrative by attracting out-of-state practitioners. Senator Regulation Review Subcommittee was held on regulation was amended in 2016 to establish that Clark recommended that young people consider Tuesday, June 13, 2017, at 1:00 PM, in Room a majority of family may authorize cremation, physical therapy as a profession. Physical 149 of the Capitol Annex. Representative Ken rather than requiring a unanimous family therapists were needed, and it was a rewarding THE KENTUCKY GENERAL ASSEMBLY 33 occupation. citation; and (2) to amend the NECESSITY, to amend the NECESSITY, FUNCTION, AND A motion was made and seconded to FUNCTION, AND CONFORMITY paragraph CONFORMITY paragraph and Sections 1, 3 approve the following amendments: to amend and Sections 1 through 3 and 6 through 8 through 10, and 12 through 16 to comply with Sections 1 through 3 to comply with the drafting to comply with the drafting and formatting the drafting and formatting requirements of requirements of KRS Chapter 13A. Without requirements of KRS Chapter 13A. Without KRS Chapter 13A. Without objection, and with objection, and with agreement of the agency, the objection, and with agreement of the agency, the agreement of the agency, the amendments were amendments were approved. amendments were approved. approved. GENERAL GOVERNMENT CABINET: 201 KAR 26:145. Code of conduct. 201 KAR 26:175. Continuing education. Board of Examiners of Psychology: Board A motion was made and seconded to approve A motion was made and seconded to approve 201 KAR 26:125. Health service provider the following amendments: (1) to amend the the following amendments: to amend Sections 1, designation. Brian Judy, assistant attorney RELATES TO and STATUTORY AUTHORITY 2, 4, 5, 8, and 10 to comply with the drafting and general, represented the board. paragraphs to add statutory citations; and (2) formatting requirements of KRS Chapter 13A. Co-Chair Harris commended the board for to amend the NECESSITY, FUNCTION, AND Without objection, and with agreement of the establishing safeguards to protect vulnerable CONFORMITY paragraph and Sections 1 agency, the amendments were approved. clients from unscrupulous practitioners. In through 5, 7, and 8 to comply with the drafting 201 KAR 26:180. Requirements for granting response to questions by Co-Chair Harris, Mr. and formatting requirements of KRS Chapter licensure as a psychologist by reciprocity. Judy stated that, historically, this administrative 13A. Without objection, and with agreement of A motion was made and seconded to approve regulation essentially required for licensure a the agency, the amendments were approved. the following amendments: to amend Sections 2, Ph.D. with at least 1,800 pre and post-doctoral 201 KAR 26:155. Licensed psychologist: 3, and 6 through 8 to comply with the drafting hours. A health service provider designation application procedures and temporary license. requirements of KRS Chapter 13A. Without required an additional 1,800 hours beyond the A motion was made and seconded to objection, and with agreement of the agency, the 3,600 hours for initial licensure. There had been approve the following amendments: (1) to amendments were approved. confusion regarding if that 1,800 hours required amend Sections 1, 3, 4, 5, and 6 to comply with 201 KAR 26:185. Requirements for granting for a health service provider designation was the drafting and formatting requirements of licensure as a psychologist to an applicant li- in addition to or separate from pre and post- KRS Chapter 13A; and (2) to amend Section 2 to censed in another state. doctoral hour requirements; therefore, this establish: (a) a one (1) year period of temporary A motion was made and seconded to administrative regulation was being amended to licensure; (b) applicant requirements during approve the following amendments: (1) to clarify the matter. The actual hour requirements the period of temporary licensure; and (c) amend the RELATES TO paragraph to correct themselves were not changing. mini-mum examination scores for temporary statutory citations; (2) to amend Section 1 to A motion was made and seconded to approve licensure applicants. Without objection, and clarify procedures for determining equivalent the following amendments: (1) to amend the with agreement of the agency, the amendments supervised experience; (3) to amend Sections RELATES TO paragraph to correct a citation; were approved. 2 and 3 to specify passing examination scores; (2) to amend the NECESSITY, FUNCTION, 201 KAR 26:160. Fee schedule. and (4) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections A motion was made and seconded to AND CONFORMITY paragraph and Sections 1 1, 3, and 5 to comply with the drafting and approve the following amendments: (1) to and 3 to comply with the drafting and formatting formatting requirements of KRS Chapter 13A; amend the RELATES TO paragraph to correct a requirements of KRS Chapter 13A. Without and (3) to amend Section 1(2) to establish that statutory citation; (2) to amend Sections 1 and objection, and with agreement of the agency, the a temporarily licensed psychologist or a licensed 5 to com-ply with the drafting and formatting amendments were approved. psychologist may provide concurrent supervision requirements of KRS Chapter 13A; and (3) to 201 KAR 26:190. Requirements for to graduate students while under supervision amend Sections 1, 5, and 6 to clarify that all fees supervised professional experience. of a psychologist with a health service provider included in the administrative regulation shall A motion was made and seconded designation. Without objection, and with be non-refundable. Without objection, and with to approve the following amendments: to agreement of the agency, the amendments were agreement of the agency, the amendments were amend the NECESSITY, FUNCTION, AND approved. approved. CONFORMITY paragraph and Sections 1 201 KAR 26:130. Grievance procedure. 201 KAR 26:165. Inactive status. through 5 to comply with the drafting and A motion was made and seconded to approve A motion was made and seconded to formatting requirements of KRS Chapter 13A. the following amendments: (1) to amend the approve the following amendments: (1) to Without objection, and with agreement of the RELATES TO paragraph to add a statutory amend the STATUTORY AUTHORITY agency, the amendments were approved. citation; (2) to amend Section 1 to delete two (2) paragraph to add statutory citations; and (2) to 201 KAR 26:200. Education requirements definitions; and (3) to amend the NECESSITY, amend the NECESSITY-TY, FUNCTION, AND for licensure as a psychologist. FUNCTION, AND CONFORMITY paragraph CONFORMITY paragraph and Sections 1 and A motion was made and seconded to and Sections 1 through 3, 6, and 7 to comply 2 to comply with the drafting requirements of approve the following amendments: (1) to with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with amend the NECESSITY, FUNCTION, AND KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were CONFORMITY paragraph and Section 2 to agreement of the agency, the amendments were approved. comply with the drafting requirements of KRS approved. 201 KAR 26:171. Requirements for Chapter 13A; and (2) to amend Section 3 to 201 KAR 26:140. Procedures for disciplinary supervision. update the list of accrediting agencies. Without hearings. A motion was made and seconded to approve objection, and with agreement of the agency, the A motion was made and seconded to approve the following amendments: (1) to amend the amendments were approved. the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY 201 KAR 26:210. Educational requirements RELATES TO paragraph to add a statutory paragraphs to correct statutory citations; and (2) for licensure as a licensed psychological associate.

34 2017 Interim LEGISLATIVE RECORD A motion was made and seconded to approve CONFORMITY paragraph and Sections 1 and clarify that the board examination shall apply to a the following amendments: (1) to amend the 2 to comply with the drafting and formatting license holder renewing an active license; and (3) STATUTORY AUTHORITY and NECESSITY, requirements of KRS Chapter 13A. Without to amend Sections 1 and 6 through 8 to comply FUNCTION, AND CONFORMITY paragraphs objection, and with agreement of the agency, the with the drafting and formatting requirements of and Sections 1 through 4 to comply with the amendments were approved. KRS Chapter 13A. Without objection, and with drafting requirements of KRS Chapter 13A; Board for Licensing for Marriage and Family agreement of the agency, the amendments were and (2) to amend Section 3 to update the list Therapists: Board approved. of accrediting agencies. Without objection, and 201 KAR 32:050. Code of ethics. Mary 201 KAR 34:030. Continuing education with agreement of the agency, the amendments Badami, chair, and Nicole Biddle, assistant requirements. were approved. attorney general, represented the board. A motion was made and seconded to approve 201 KAR 26:215. Nonresident status. In response to a question by Representative the following amendments: (1) to amend Section A motion was made and seconded to approve Petrie, Ms. Badami stated that “family system” 3 to: (a) cross reference the examination fee the following amendments: (1) to amend the meant the client’s family members, including established in 201 KAR 34:020; and (b) clarify RELATES TO paragraph to add a statutory spouses. that the board examination continuing education citation; and (2) to amend the NECESSITY, In response to a question by Co-Chair credit shall only be granted to an active license FUNCTION, AND CONFORMITY paragraph Harris, Ms. Badami stated that, historically, this holder renewing an active board issued license and Sections 2, 8, and 9 to comply with the administrative regulation had prohibited sexual and to a board approved supervisor; (2) to drafting and formatting requirements of KRS relationships with current or former clients based amend Section 9 for clarity to include military Chapter 13A. Without objection, and with on national association standards. The national service under the situations in which a person agreement of the agency, the amendments were association revised the prohibition to two (2) shall reapply for the waiver or extension if service approved. years from treatment; however, the national continues beyond the period of the waiver or 201 KAR 26:225. Renewal and reinstatement. association recently reverted to a complete extension; and (3) to amend Sections 1, 3, 5, and A motion was made and seconded prohibition. This administrative regulation 9 to comply with the drafting and formatting to approve the following amendments: to was being amended commensurately because a requirements of KRS Chapter 13A. Without amend the NECESSITY, FUNCTION, AND client, even two (2) years out from treatment, objection, and with agreement of the agency, the CONFORMITY paragraph and Sections 1 and may need to return to treatment. Additionally, a amendments were approved. 2 to comply with the drafting requirements of client – practitioner relationship was an unequal 201 KAR 34:050. Complaint procedure. KRS Chapter 13A. Without objection, and with relationship from a power standpoint. In response to a question by Senator Clark, agreement of the agency, the amendments were A motion was made and seconded Mr. Jones stated that the requirement to bring an approved. to approve the following amendments: to action in Franklin Circuit Court for injunctive 201 KAR 26:250. Employment of a amend the NECESSITY, FUNCTION, AND relief, rather than in a court of geographical psychological associate. CONFORMITY paragraph and Sections jurisdiction, was for consistency with similar A motion was made and seconded 1 through 7 to comply with the drafting board administrative regulations. to approve the following amendments: to requirements of KRS Chapter 13A. Without In response to questions by Co-Chair amend the NECESSITY, FUNCTION, AND objection, and with agreement of the agency, the Harris, Mr. Jones stated that this board did CONFORMITY paragraph and Sections 3 amendments were approved. not experience many complaints. The impetus through 5 to comply with the drafting and 201 KAR 32:060. Continuing education behind using Franklin Circuit Court was due formatting requirements of KRS Chapter 13A. requirements. to the board’s small size and minimal funding. Without objection, and with agreement of the A motion was made and seconded to The board utilized the Attorney General’s staff agency, the amendments were approved. approve the following amendments: (1) to for administrative needs, which would be more 201 KAR 26:280. Licensed psychological amend Sections 1, 3, 4, and 7 to comply with the easily facilitated by using Franklin Circuit Court. associate: application procedures and temporary drafting and formatting requirements of KRS Additionally, it would be less expensive for the license. Chapter 13A; (2) to amend Section 7 to clarify board and for licensees to use Franklin Circuit A motion was made and seconded to requirements for waivers for undue hardship; Court, rather than to send staff of the Attorney approve the following amendments: (1) to and (3) to delete Section 8 incorporating the General across the state. Ms. Alcott stated that amend Section 2 to establish: (a) a one (1) year outdated Application for Continuing Education the board had 196 licensees. period of temporary licensure; (b) applicant Program Sponsor Approval because the newer A motion was made and seconded requirements during the period of temporary Continuing Education Program Provider to approve the following amendments: to licensure; and (c) minimum examination scores Approval Application to be used is incorporated amend the NECESSITY, FUNCTION, AND for temporary licensure applicants; and (2) to in 201 KAR 32:030. Without objection, and with CONFORMITY paragraph and Sections amend the NECESSITY, FUNCTION, AND agreement of the agency, the amendments were 1 through 5 to comply with the drafting CONFORMITY paragraph and Sections 1 and approved. requirements of KRS Chapter 13A. Without 3 to comply with the drafting requirements of Board of Licensure for Professional Art objection, and with agreement of the agency, the KRS Chapter 13A. Without objection, and with Therapists: Board amendments were approved. agreement of the agency, the amendments were 201 KAR 34:020. Fees. Lee Alcott, board Office of Occupations and Professions: approved. member, and John Marcus Jones, assistant Board of Interpreters for the Deaf and Hard of 201 KAR 26:290. Licensed psychological attorney general, represented the board. Hearing: Board practitioner: application procedures. A motion was made and seconded to approve 201 KAR 39:001. Definitions for 201 KAR A motion was made and seconded the following amendments: (1) to amend the Chapter 39. Derek Drury, chair, and John Marcus to approve the following amendments: to STATUTORY AUTHORITY paragraph to add Jones, assistant attorney general, represented amend the NECESSITY, FUNCTION, AND a statutory citation; (2) to amend Section 7 to the board. Virginia Moore, executive director, THE KENTUCKY GENERAL ASSEMBLY 35 Kentucky Commonwealth on the Deaf and Hard meeting of the Subcommittee without a vote of with agreement of the agency, the amendments of Hearing, appeared in opposition to 201 KAR the full board. were approved. 39:030. Co-Chair Upchurch stated that the 201 KAR 46:040. Medical imaging A motion was made and seconded to approve agency did not agree to defer; therefore, this technologist, advanced imaging professional, the following amendments: to amend the administrative regulation would continue radiographer, nuclear medicine technologist, RELATES TO and NECESSITY, FUNCTION, through the process. Stakeholders would have and radiation therapist licenses. AND CONFORMITY paragraphs and Section an opportunity to address continued concerns A motion was made and seconded to 1 to comply with the drafting requirements of with the subject matter committee to which this approve the following amendments: (1) to KRS Chapter 13A. Without objection, and with administrative regulation would be referred. amend the NECESSITY, FUNCTION, AND agreement of the agency, the amendments were A motion was made and seconded to CONFORMITY paragraph and Sections 3 approved. approve the following amendments: to amend and 8 through 14 to comply with the drafting 201 KAR 39:030. Application; qualifications Sections 1 and 2 to comply with the drafting and and formatting requirements of KRS Chapter for licensure; and certification levels. formatting requirements of KRS Chapter 13A. 13A; and (2) to add a new Section 8 to clarify In response to questions by Co-Chair Harris, Without objection, and with agreement of the the requirements for a person who applies for Mr. Drury stated that the qualifying score for the agency, the amendments were approved. reinstatement following a revocation. Without Education Interpreter Performance Assessment 201 KAR 39:050. Renewal of licenses, objection, and with agreement of the agency, the (EIPA) had been raised from three and five- extension of temporary licenses and amendments were approved. tenths (3.5) to four (4). Kentucky licensees with reinstatement. 201 KAR 46:060. Continuing education less than a score of four (4), who were licensed A motion was made and seconded to requirements. prior to July 1, 2013, were grandfathered. Mr. approve the following amendments: (1) to 201 KAR 46:070. Violations and enforcement. Drury did not have knowledge of any applicants amend the NECESSITY, FUNCTION, AND A motion was made and seconded to approve after July 1, 2013 who did not achieve at least a CONFORMITY paragraph to correct a statutory the following amendments: to amend Section 3 score of four (4). A temporary license was valid citation; (2) to amend Section 3 to clarify to: (1) comply with the drafting requirements for five (5) years. what shall be submitted with a request for of KRS Chapter 13A; and (2) add the specific Ms. Moore stated that the qualifying score reinstatement of a temporary license; and (3) to suspension period for performing services for the EIPA was raised from three and five – amend Section 5 to revise material incorporated without a valid license. Without objection, and tenths (3.5) to four (4). Kentucky licensees with by reference. With-out objection, and with with agreement of the agency, the amendments less than a score of four (4), who were licensed agreement of the agency, the amendments were were approved. prior to July 1, 2013, were grandfathered. Eleven approved. 201 KAR 46:090. Complaint process and (11) other states still recognized the EIPA 201 KAR 39:070. Application and administrative hearings. qualifying score as three and five-tenths (3.5). qualifications for temporary licensure. A motion was made and seconded to approve If applicants from those states entered Kentucky A motion was made and seconded to the following amendments: (1) to amend Section to apply for licensure, they would have to do so approve the following amendments: to amend 5 to comply with the drafting requirements of under a temporary license and work toward a Sections 1, 2, and 4 to comply with the drafting KRS Chapter 13A; and (2) to amend Section 7 qualifying score of four (4) for nontemporary and formatting requirements of KRS Chapter to cross reference 201 KAR 46:040 to clarify licensure. The situation created inequality and an 13A. Without objection, and with agreement of the requirements for a person who applies for unfair advantage for Kentucky licensees. the agency, the amendments were approved. reinstatement following a revocation. Without In response to a question by Co-Chair Board of Orthotics, Prosthetics and objection, and with agreement of the agency, the Harris, Ms. Moore stated that Kentucky Pedorthics: Board amendments were approved. Common-wealth on the Deaf and Hard of 201 KAR 44:090. Requirements for licensure TOURISM, ARTS, AND HERITAGE Hearing requested that this administrative as an orthotist, prosthetist, orthotist prosthetist, CABINET: Department of Fish and Wildlife regulation be amended to recognize three and pedorthist, or orthotic fitter on or after January Resources: Game five-tenths (3.5) as a qualifying score for out- 1, 2013. Nicole Biddle, assistant attorney general, 301 KAR 2:221. Waterfowl seasons and of-state applicants prior to 2013. Additionally, represented the board. limits. John Hast, bear program coordinator; this administrative regulation should require A motion was made and seconded to approve Karen Waldrop, deputy commissioner; and proof of validation from “a nationally the following amendments: to amend Section David Wicker, general counsel, represented the recognized interpreter organization,” rather 3 to comply with the drafting requirements of department. than establishing a list of specific nationally KRS Chapter 13A. Without objection, and with In response to a question by Senator recognized interpreter organizations. Ms. Moore agreement of the agency, the amendments were Clark, Ms. Waldrop stated that administrative requested that the board defer consideration of approved. regulations were amended approximately three this administrative regulation to the July meeting Board of Medical Imaging and Radiation (3) years ago, in accordance with KRS 150.175, of the Subcommittee in order to continue to Therapy: Board to allow a hunter to carry a firearm during develop amendments. 201 KAR 46:035. Practice standards, scopes nonfirearm seasons if hunting was not conducted In response to a question by Co-Chair of practice, and ethical standards. Amy Adkins, with the firearm. Upchurch, Mr. Drury stated that the board chair; Brian Judy, assistant attorney general; 301 KAR 2:300. Black bear seasons and considered the request of the Kentucky and Elizabeth Morgan, executive director, requirements. Commonwealth on the Deaf and Hard of Hearing represented the board. A motion was made and seconded to and did not agree to amend this administrative A motion was made and seconded to approve approve the following amendments: to amend regulation in response to the request. The chair the following amendments: to amend Sections 2 Sections 4 through 6 to comply with the drafting did not have authorization to defer consideration and 4 to comply with the drafting requirements requirements of KRS Chapter 13A. Without of this administrative regulation to the July of KRS Chapter 13A. Without objection, and objection, and with agreement of the agency, the

36 2017 Interim LEGISLATIVE RECORD amendments were approved. Protection In response to questions by Co-Chair Harris, Hunting and Fishing 401 KAR 100:011. Repeal of 100:010. Mr. Milby stated that the current building code 301 KAR 3:022. License, tag, and permit fees. Department of Natural Resources: Division required a vent on dishwashers; however, newer A motion was made and seconded to approve of Mine Reclamation and Enforcement: Sur-face models did not have vents and worked differently. the following amendment: to amend Section Effects of Noncoal Mining The division was researching this issue and 1 to comply with the drafting requirements of 405 KAR 5:095. Administrative hearings, planned to update requirements accordingly, KRS Chapter 13A. Without objection, and with informal settlement conferences, and general hopefully before the end of 2017. agreement of the agency, the amendment was practice provisions relating to a mineral A motion was made and seconded to approve approved. operation. the following amendments: (1) to amend the ENERGY AND ENVIRONMENT A motion was made and seconded to approve RELATES TO paragraph to delete a statutory CABINET: Office of the Secretary:the following amendments: (1) to amend Section citation; and (2) to amend Section 3 to comply Administration 1 to cross reference most definitions; (2) to with the drafting requirements of KRS Chapter 400 KAR 1:001. Definitions for 400 KAR amend Sections 2 through 7 to comply with the 13A. Without objection, and with agreement of Chapter 1. Lesly Davis, executive director, and drafting and for-matting requirements of KRS the agency, the amendments were approved. John Horne, general counsel, represented the Chapter 13A; and (3) to amend Section 3 to CABINET FOR HEALTH AND FAMILY office. clarify provisions regarding pleadings. Without SERVICES: Office of Inspector General: Division A motion was made and seconded to approve objection, and with agreement of the agency, the of Healthcare: Health Services and Facilities the following amendments: to amend the amendments were approved. 902 KAR 20:053. Repeal of 902 KAR 20:054. STATUTORY AUTHORITY and NECESSITY, General Provisions Stephanie Hold, director in the Office of the FUNCTION, AND CONFORMITY paragraphs 405 KAR 7:092. Administrative hearings Inspector General, and Robert Silverthorne, and Section 1 to comply with the drafting and assessment conferences relating to matters inspector general, represented the division. requirements of KRS Chapter 13A. Without brought under KRS Chapter 350 relating to Kentucky Board of Family Health Care objection, and with agreement of the agency, the surface coal mining and reclamation operations, Providers amendments were approved. and coal exploration operations. 902 KAR 22:011. Repeal of 902 KAR 22:010 400 KAR 1:031. Repeal of 400 KAR 1:030. A motion was made and seconded to approve and 902 KAR 22:030. 400 KAR 1:090. Administrative hearings the following amendments: (1) to amend Section Controlled Substances practice provisions. 1 to cross reference most definitions; (2) to 902 KAR 55:076. Repeal of 902 KAR 55:075 In response to questions by Representative amend Section 2 to adjust a deadline to reflect and 902 KAR 55:100. Petrie, Mr. Horne stated that the cabinet’s the projected effective date of this administrative Inspector General administrative hearing administrative regulation; (3) to amend Section 5 to clarify 906 KAR 1:081. Repeal of 906 KAR 1:080. regulations were spread out over five (5) chapters provisions regarding pleadings; and (4) to 906 KAR 1:091. Repeal of 906 KAR 1:090. and were somewhat inconsistent. This package amend Sections 3 through 13 to comply with Department for Aging and Independent consolidated requirements and provided the drafting and formatting requirements of Living: Division of Operations and Support: consistency. Stakeholders were not opposed to KRS Chapter 13A. Without objection, and with Aging Services these changes. The impetus for these changes agreement of the agency, the amendments were 910 KAR 1:210. Kentucky Long-Term Care came from the cabinet, and it was unknown approved. Ombudsman Program. Sherry Culp, long- if other agencies were considering a similar 405 KAR 7:093. Repeal of 405 KAR 7:091. term care ombudsman, and Phyllis Sosa, staff structure. Representative Petrie endorsed the TRANSPORTATION CABINET: assistant, represented the division. electronic filing provided for in this package. Department of Vehicle Regulation: Division of Other Business: Co-Chair Upchurch A motion was made and seconded to approve Motor Carriers: Motor Carriers recognized and welcomed Leadership Lake the following amendments: (1) to amend the 601 KAR 1:113. Transportation Network Cumberland to the Subcommittee meeting. RELATES TO paragraph to add a citation; and Company. Ann D’Angelo, assistant general The following administrative regulations (2) to amend Sections 3 through 8, 10 through counsel, represented the division. were deferred or removed from the June 13, 12, 16, 17, 20, 21, 23, and 24 to comply with In response to a question by Senator Clark, 2017, Subcommittee agenda: the drafting requirements of KRS Chapter 13A. Ms. D’Angelo stated that this administrative EDUCATION AND WORKFORCE Without objection, and with agreement of the regulation regulated transportation network DEVELOPMENT CABINET: Education agency, the amendments were approved. companies. Professional Standards Board: Teaching 400 KAR 1:100. General administrative A motion was made and seconded to Certificates hearing practice provisions relating to matters approve the following amendments: to amend 16 KAR 2:020. Occupation-based career and brought under KRS Chapters 146, 149, 151, 223, the RELATES TO paragraph to delete incorrect technical education certification. and 224. and repealed statutory citations. Without Educator Preparation A motion was made and seconded to approve objection, and with agreement of the agency, the 16 KAR 5:020. Standards for admission to the following amendments: (1) to amend Section amendments were approved. educator preparation. 1 to adjust a deadline to reflect the projected PUBLIC PROTECTION CABINET: Advanced Certification and Rank effective date of this administrative regulation; Department of Housing, Buildings and 16 KAR 8:040. Ranking of occupation-based and (2) to amend Sections 3 through 8 to comply Construction: Di-vision of Building Code career and technical education teachers. with the drafting and formatting requirements of Enforcement: Kentucky Building Code ENERGY AND ENVIRONMENT KRS Chapter 13A. Without objection, and with 815 KAR 7:120. Kentucky Building Code. CABINET: Department for Environmental agreement of the agency, the amendments were Duane Curry, building director; Steve Milby, Protection: Division of Water: Public Water approved. com-missioner; and David Startsman, general Supply Division of Air Quality: Environmental counsel, represented the division. 401 KAR 8:010. Definitions for 401 KAR THE KENTUCKY GENERAL ASSEMBLY 37 Chapter 8. Advisory Board was held on Tuesday, June 20, information technology (IT) projects submitted 401 KAR 8:011. Repeal of 401 KAR 8:070, 2017, at 10:00 AM, in Room 129 of the Capitol in the agency capital plans. The evaluations 401 KAR 8:101, 401 KAR 8:550, and 401 KAR Annex. Representative Daniel Elliott, Chair, were conducted over a one-week period by an 8:600. called the meeting to order, and the secretary eight-member review panel, with each cabinet 401 KAR 8:020. Public and semipublic water called the roll. represented. Mr. Mark D. Bunning, Deputy systems; submetering; general provisions. Present were: Secretary, Finance and Administration Cabinet, 401 KAR 8:040. Laboratory certification. Members: Senator Stan Humphries, Co- discussed the results of the review, and presented 401 KAR 8:075. Consumer confidence Chair; Representative Daniel Elliott, Co-Chair; the IT project recommendations. reports and public notification. Senator Whitney Westerfield, Representative For the 2018-2020 biennium, agency capital 401 KAR 8:100. Design, construction, and DJ Johnson, Charles Byers, Carole Henderson, plans included 25 IT projects. The COT review approval of facilities and approval timetable for Stephen Knipper, William Landrum, and Mark panel scored nine of the 25 projects as high in 401 KAR Chapter 8. Overstreet. value (seven general fund projects and two 401 KAR 8:250. Inorganic and organic Guests: Mark Bunning, Deputy Secretary, restricted fund projects). The high value projects chemical sampling, analytical techniques, Finance and Administration Cabinet; Chris had a total dollar value of $222.2 million, maximum contaminant levels, radionuclides, Reece, Executive Director, Office of Finance, comprised of $173.2 million general funds, and secondary standards. Tourism, Arts and Heritage Cabinet; Mark $38.3 million federal funds, and $10.7 million EDUCATION AND WORKFORCE Bowman, Executive Director, Martha Workman, restricted funds. The COT review panel also DEVELOPMENT CABINET: Department for Deputy Executive Director, and Stacy Woodrum, identified four additional projects valued at $125 Libraries and Archives: Division of Library Budget Director, Department of Veterans Affairs; million that would enable the commonwealth Services: Libraries Michael Jones, Executive Director, Colonel Steve to achieve its strategic IT goals. Although the 725 KAR 2:070. Certification renewal of King, Federal Facilities Maintenance Officer, and projects were deemed important, these projects public librarians. Brian Simons, Project Coordinator, Department fell short mathematically of receiving a high EDUCATION AND WORKFORCE of Military Affairs; Jessica Castenir, Deputy value designation. DEVELOPMENT CABINET: Department of Executive Director, Office of Budget and Fiscal Mr. Bunning recommended that COT Workplace Development: Office of Employment Management, Heather Stout, Executive Director, develop an enterprise-wide document and Training: Unemployment Insurance Information Technology, Terry Denny, Deputy management solution that would satisfy the 787 KAR 1:070. Reasonable time for Executive Director, Office of Support Services, needs of these projects and similar initiatives protesting claim. Transportation Cabinet; Jeff Abshire, Fiscal by other agencies. With the conclusion of the Employment Services Officer and Treasurer, Kentucky Infrastructure COT infrastructure consolidation project 787 KAR 2:040 & E. Local workforce Authority; and Sandy Dunahoo, Commissioner, in the previous biennium, the evolution of development area governance. and Vernon Brown, Executive Director, enterprise technology in state government has PUBLIC PROTECTION CABINET: Department for Local Government. entered a new phase, one in which significant Department of Insurance: Health and Life LRC Staff: Shawn Bowen, Julia Wang, and new opportunities exist to identify cost savings Division: Health Insurance Contracts Jennifer Luttrell. opportunities through reductions in duplicative 806 KAR 17:575. Pharmacy benefit Welcome New Members efforts and expenditures. He said as agency IT managers. In January 2017, the Speaker of the House siloes are broken down, shared services will be CABINET FOR HEALTH AND FAMILY appointed two new members to the board: made available, and technical solutions can be SERVICES: Department for Medicaid Services: Representative Daniel Elliott, who will also serve obtained in the cloud or ‘off the shelf’ rather than Division of Policy and Operations: Medicaid as co-chair, and Representative DJ Johnson. The built by hand. Services new members were appointed to four-year terms. Mr. Bunning then discussed two IT projects 907 KAR 1:041E. Repeal of 907 KAR 1:018 Approval of Minutes that were not selected as high value projects, but and 907 KAR 1:019. A motion to approve the minutes of the were still considered important for consideration Payment and Services September 20, 2016 meeting was made by – the Department of Revenue Integrated Tax 907 KAR 3:206E. Repeal of 907 KAR 3:205. Representative Johnson, seconded by Mr. System project ($92 million general funds) and Outpatient Pharmacy Program Landrum, and approved by voice vote. the COT Legacy System Retirement project ($20 907 KAR 23:001 & E. Definitions for 907 Information Items million general funds). The Integrated Tax System KAR Chapter 23. Ms. Bowen discussed two information items project will integrate over 120 Department of Outpatient Pharmacy Program which included a document outlining the board’s Revenue applications that manage the state tax 907 KAR 23:010 & E. Outpatient pharmacy tentative meeting schedule for the remainder system. Mr. Bunning said he realized there was program. of the year, and a document identifying state an attempt in the past to integrate Kentucky’s 907 KAR 23:020 & E. Reimbursement for agencies that are not scheduled to testify at various tax systems, and the project did not go outpatient drugs. capital planning meetings this year. Most of the as planned. He said the cabinet will focus on The Subcommittee adjourned at 2 p.m. until agencies not scheduled to testify are boards and selecting a firm that has a proven track record of July 11, 2017, at 1 p.m. commissions that do not have capital projects in success with these kinds of projects. their agency plans, or do not utilize state funding In regard to the Legacy System Retirement Capital Planning Advisory sources. project, Mr. Bunning said the project will focus Board Presentation – Commonwealth Office of on removing legacy systems that are no longer Minutes Technology needed, and at the same time, will allow for June 20, 2017 As part of the capital planning process, the the movement of historical data from replaced Call to Order and Roll Call Commonwealth Office of Technology (COT) legacy computer applications to a modern, open The 1st meeting of the Capital Planning is responsible for the review and evaluation of system to facilitate greater interoperability.

38 2017 Interim LEGISLATIVE RECORD Responding to a question from Senator period 2018-2024. In response to a question from Senator Westerfield concerning the Legacy System Tourism, Arts, and Heritage Cabinet Humphries regarding the need for and location Retirement project, Mr. Bunning said the $20 Chris Reece, Executive Director of Finance, of additional veteran’s nursing homes in eastern million project scope is not sufficient to remove presented the cabinet’s capital plan. The and western Kentucky, Mr. Bowman stated that all the legacy systems in state government. following agencies within the cabinet submitted the agency conducted a feasibility study which COT has a subcommittee focused on finding capital plans: Department of Fish and Wildlife will determine the need and location of additional duplicate or unused applications that need to be Resources, Department of Parks, Kentucky veteran’s nursing homes. The feasibility study eliminated, and that process is not yet completed. Center for the Arts, Kentucky Heritage Council/ identified Bowling Green, Kentucky as a priority He estimated that the state would save $20 State Historic Preservation Office, Kentucky area in terms of future veteran population growth million by implementing this project. Historical Society, Kentucky Horse Park, and need. In response to another question from Secretary’s Office, and the State Fair Board. In response to another question from Senator Westerfield, Mr. Bunning said he did Senator Humphries asked Mr. Reece to Senator Humphries, Mr. Bowman said the not know how much it would cost if the state update the board on Department of Parks’ veteran’s nursing home program is a shared were to eliminate all its legacy systems at once. projects associated with the “Refreshing program, with the state and federal government There are over 2,400 legacy applications in state Kentucky’s Finest” campaign. During the 2016 each paying for a portion of the projects, the government. Session of the General Assembly, the Department federal government pays for 65 percent of the In response to a question from Representative of Parks received $18 million bond funds from project and the remaining 35 percent requires Elliott regarding the use of cloud-based House Bill 10 and House Bill 303. Mr. Reece said state matching funds. Mr. Bowman added that computing, Mr. Bunning said the commonwealth $11.5 million has been allocated for various parks they do not anticipate any additional federal cost could save a lot of money by utilizing cloud- improvement projects. The projects generated compensation for Medicaid and Medicare. based computer applications. Cloud computing $1.27 million in new revenue and have resulted In response to a question from Representative or “software as a service” is the practice of using a in 8,870 more rooms at Kentucky state parks. Elliott concerning the decision to withdraw network of remote servers hosted on the Internet In response to questions from Senator the Thompson Hood Veterans Center project, to store, manage and process data. With cloud- Humphries about the possibility of initiating Mr. Bowman said the decision to withdraw based computing, agencies would only pay for public-private partnerships (P-3) at state parks, the project will not affect the current people the IT services they use. There are, however, Mr. Reece said P-3 projects have been well they provide services to. The project goal was some concerns with this technology. The main received so far. The department has issued a to renovate units to a community living type concern is security because the applications are Request for Information for a P-3 project at model, which is required by the federal VA. He saved at another location. Additionally, certain Kentucky Dam Village for a camp ground on said they want to put the project on hold because Kentucky statutes prohibit data from being the peninsula of Gobbler’s Knob. Mr. Reece said there might be a better use for the $7 million stored outside of the state. the speed at which P-3 projects are initiated are project budget. In response to questions from Mr. Knipper, based on whether the project is a safety issue. Department of Military Affairs Mr. Bunning stated that the commonwealth needs Finance and Administration Cabinet Michael Jones, Executive Director, Colonel to implement easier to maintain enterprise-wide Mark Bunning, Deputy Secretary, Finance Steve King, Federal Facilities Maintenance business solutions that would allow executive and Administration Cabinet, discussed the Officer, and Brian Simons, Project Coordinator, branch agencies to share and manage data. In cabinet’s capital needs. Agencies within the Department of Military Affairs, discussed the regard to the Legacy System Retirement project, cabinet submitting capital plans included department’s capital needs. he explained that the project will develop an the Commonwealth Office of Technology, In response to a question from Senator enterprise-wide solution to eliminate legacy Department for Facilities and Support Services Humphries regarding the Modernization Pool operating systems that are no longer needed. The and the Department of Revenue. KY National Guard Armories project, Colonel costs associated with maintaining legacy systems In response to a question from Senator King stated that the pool is 75 percent federally are included in the agency’s operating budgets, Humphries regarding the need for potential funded and 25 percent state funded. If the state and eliminating these systems will reduce agency legislation to amend project thresholds or receives a $2 million general fund allocation, the operating budgets by reducing costs associated provide additional transparency, Mr. Bunning federal government will provide $6 million in with maintaining the systems. Mr. Bunning said said P-3 legislation passed in the last session of matching funds. he was not advocating that COT manage each the General Assembly provided the cabinet with Transportation Cabinet agency’s IT systems, but this project will develop the flexibility it needed to initiate projects. He Jessica Castenir, Deputy Executive Director, an enterprise-wide business solution and save said he was not aware of any additional changes Office of Budget and Fiscal Management, the state some money. that need to be made. Heather Stout, Executive Director, Information Consideration of Agency Plans Department of Veterans Affairs Technology, and Terry Denny, Deputy The Capital Planning Advisory Board Mark Bowman, Executive Director, Martha Executive Director, Office of Support Services, received testimony regarding seven state Workman, Deputy Executive Director, and Transportation Cabinet, discussed the cabinet’s agency capital plans: Tourism, Arts, and Stacy Woodrum, Budget Director, Department capital needs. Heritage Cabinet; Finance and Administration of Veterans Affairs, discussed the department’s In response to a question from Senator Cabinet; Department of Veterans Affairs; capital needs. Humphries regarding the Beaver Dam Service Department of Military Affairs; Transportation Mr. Bowman discussed the agency’s top Area project on the Western Kentucky Parkway, Cabinet; Kentucky Infrastructure Authority; two priorities. He said the department has Ms. Castenir responded that she did not know and the Department for Local Government. decided not to pursue a third project included the status of the project, but she would find out The testimony included discussion of capital in its capital plan, the Thomson-Hood Veterans and relay that information to the board. construction, information technology, grant/ Center 2 Unit Renovation ($6,740,000 general In response to a question from Representative loan programs, and equipment needs for the funds, priority #3). Elliott concerning several projects to construct THE KENTUCKY GENERAL ASSEMBLY 39 new or replacement salt storage facilities Christian McDaniel; and Representatives Larry A motion was made by Senator Carroll to statewide, Mr. Denny stated salt is currently Brown, Will Coursey, and Steven Rudy. approve lease #PR-0007 in Jefferson County, stored at the Louisville Caves, but it has been Guests: Mr. Chris Brumett, Director of seconded by Representative Coursey, and proposed to construct more centrally located salt Asset Management, Kentucky Community and approved by unanimous roll call vote. storage facilities to avoid districts having to go to Technical College System; Ms. Elizabeth Baker, A motion was made by Senator Carroll Louisville each time. Planning Director, Budget Office, University of to approve lease #PR-0079 in Bullitt County, Kentucky Infrastructure Authority Kentucky; Mr. Scott Aubrey, Director, Division seconded by Representative Coursey, and Jeff Abshire, Fiscal Officer and Treasurer, of Real Properties, Finance and Administration approved by unanimous roll call vote. discussed the authority’s capital needs. Cabinet; Mr. Ryan Barrow, Executive Director, Ms. Baker reported a new lease for the There were no questions from board Office of Financial Management; Mr. Mike University of Kentucky Barnstable Brown members. Harmon, Auditor of Public Accounts; Ms. Sara Kentucky Diabetes and Obesity Center. The off- Department for Local Government Beth Gregory, Chief of Staff, Auditor of Public campus space will house clinical, support staff, Sandy Dunahoo, Commissioner, and Vernon Accounts; Mr. Jason Rittenberry, President and administrative leadership. The total square Brown, Executive Director, Department for and CEO, Kentucky State Fair Board; Mr. Scott footage is 5,691, at a cost of $26 per square foot, Local Government, discussed the department’s Cox, Chairman, Louisville Arena Authority, and an annual cost of $149,389. capital needs. LLC; Mr. Mike Herrington, Attorney, Stites & A motion to approve the lease was made by In response to questions from Senator Harbison, PLLC; Mr. Denis Frankenberger, a Senator McDaniel, seconded by Representative Humphries concerning the Department for Louisville-based businessman; and Mr. Chris Brown, and was approved by unanimous roll call Local Government’s level of involvement with Gorman, Former Attorney General for the vote. FEMA’s flood mapping process, Ms. Dunahoo Commonwealth. Ms. Baker reported an off-campus privately said her office has assisted some communities LRC Staff: Shawn Bowen, Committee Staff held lease with G.F. Vaughan Tobacco Company. that have questions about the new FEMA flood Administrator; Julia Wang, Legislative Analyst; The lease will provide storage space and will mapping process. As far as providing assistance and Jenny Wells Lathrem, Committee Assistant. free up space on the university’s main campus for affected facilities in those flood zones, she Senator Humphries read a resolution for more critical academic and educational use. explained that the Corps of Engineers pays 95 recognizing and honoring Representative Jim The total square footage is 467,947, at a cost of percent for flood projects, and the state pays five Wayne for his dedication, hard work, and many .92 cents per square foot, and an annual cost of percent. The Department for Local Government years of service to the committee. A motion was $430,000. provides matching dollars for projects funded by made and seconded to accept the resolution in In response to questions from Senator the U.S. Army Corps of Engineers, FEMA, and honor of Representative Jim Wayne, and passed McDaniel, Ms. Baker said because the university the Natural Resource Conservation Service. by unanimous voice vote. needed such a large amount of storage space, it Representative Elliott stated that the last Approval of Minutes (April 18, 2017 and was able to negotiate a good deal with the lessor. two capital plans in the members’ binders May 9, 2017) The space will be used for libraries and archives were for the Kentucky River Authority and the A motion was made by Representative storage, moveable equipment storage, and office School Facilities Construction Commission. The Coursey to approve the minutes of the April 18, and classroom space. agencies were scheduled to be on the agenda 2017 and the May 9, 2017 meetings. The motion A motion to approve the lease was made today, but because of previous commitments, was seconded by Representative Moffett and by Senator Carroll, seconded by Representative the agency representatives could not attend the approved by voice vote. Moffett, and was approved by unanimous roll meeting. Senator Humphries said that due to having call vote. Other Business a large presentation and discussion item on the One information item was included for the The next meeting is scheduled for July 18 at agenda, action-only items would be presented to University of Kentucky. The university plans to 9:30 a.m. At that meeting, the board will review the members for roll call vote. consolidate project authorities for the 2014 and agency capital plans for the postsecondary Correspondence Items 2016 Renovate/Upgrade HealthCare Facilities education institutions. In regard to the May 9 meeting and the Project. The total combined project scope is Adjournment lack of a quorum, several correspondence items $430,000,000. There being no further business, the meeting from the committee chairs and the various state Lease Reports from the Finance and was adjourned at 11:40 a.m. entities were included in members’ binders. No Administration Cabinet action was required. Mr. Aubrey reported ten lease renewals for Capital Projects and Bond Information Items privately leased office space in various counties. Oversight Committee Two information items were submitted for The following leases were renewed under the Minutes review: follow-up correspondence from the same terms and conditions, the square footage June 20, 2017 Division of Real Properties regarding three leases cost and the annual rental rate will remain the Call to Order and Roll Call held by the Office of the Attorney General; and same: Cabinet for Health and Family Services The Capital Projects and Bond Oversight the Bond Market Update provided by the LRC (CHFS), Franklin County, $1,127,854 and Committee met on Tuesday, June 20, 2017, at 1:00 Office of Economic Analysis. $116,761; CHFS, Boyd County, $331,023; CHFS, PM, in Room 131 of the Capitol Annex. Senator Project Reports from the Universities Clark County, $109,460; CHFS, Montgomery Stan Humphries, Chair, called the meeting to Mr. Brumett reported two new leases for the County, $125,874; CHFS, Pulaski County, order, and the secretary called the roll. Kentucky Community and Technical College $118,024; the Department for Juvenile Justice, Present were: System Jefferson Community and Technical Hardin County, $106,619; the Department for Members: Senator Stan Humphries, Co- College. The leases, located in Jefferson and Local Government, Franklin County, $196,951; Chair; Representative Phil Moffett, Co-Chair; Bullitt Counties, have an annual cost of $399,775 the Labor Cabinet, Franklin County, $578,784; Senators Julian M. Carroll, Rick Girdler, and and $204,992, respectively. and the Office of the Attorney General, Franklin

40 2017 Interim LEGISLATIVE RECORD County, $482,563. is funded from the 2016-2018 bond-funded Report of the Auditor of Public A motion was made by Senator Carroll Department of Parks Life Safety Maintenance Accounts – Audit of the Louisville Arena to roll the ten lease renewals into one roll call Pool. Allocations over $600,000 from such pools Authority, LLC vote, seconded by Representative Moffett, and are to be reported to the committee. No action In November 2016, the members of the approved by voice vote. was required. Capital Projects and Bond Oversight Committee A motion was made by Senator Carroll to Report from the Office of Financial formally requested that the Auditor of Public approve the ten lease renewals, seconded by Management Accounts perform a financial audit of the Senator McDaniel, and approved by unanimous Mr. Barrow reported one new bond issue: Louisville Arena Authority (LAA). The Auditor roll call vote. Kentucky Housing Corporation Tax-Exempt completed his report in May, and appeared Mr. Aubrey reported two lease renewals in Conduit Multifamily Housing Revenue Notes before the committee to discuss the results. Franklin County with rate increases; Auditor of (The Guardian Court Apartments Project), Mr. Harmon said his office reviewed the 2016 Public Accounts, $170,784 and Department of Series 2017, in the amount of $12,670,000. financial statements of the LAA to determine Workers Claims, $489,767. A motion was made by Senator Carroll its compliance with contracts. He stated that to approve the bond issue, seconded by the arena’s viability is a public concern because A motion was made by Senator Carroll to Representative Coursey, and approved by Louisville Metro Government contributions approve the lease renewal for the Auditor of unanimous roll call vote. and tax increment financing (TIF) revenues Public Accounts, seconded by Senator McDaniel, The Office of Financial Management represent taxpayer resources that could be and approved by unanimous roll call vote. submitted one new bond issue requiring no directed elsewhere. The audit had one finding: A motion was made by Senator Carroll to action by the committee: Turnpike Authority the LAA and the University of Louisville Athletic approve the lease renewal for the Department of Kentucky, Economic Development Road Association (ULAA) were not finalizing the net of Workers Claims, seconded by Representative and Revenue Refunding Bonds (Revitalization annual payment by the deadline established in Moffett, and approved by unanimous roll call Project), 2017 Series A and B, in the amount of the lease agreement. The net annual payment vote. $265,000,000. was calculated as $1,381,474 and $1,356,528 for Representative Moffett commented that The Office of Financial Management 2016 and 2017, respectively. Mr. Harmon said the square footage cost for most leases brought submitted two follow-up reports for previously late net annual payments could lead to cash flow before this committee are below the county approved bonds: Kentucky Higher Education issues for the LAA. average rental rate. In Franklin County, where Student Loan Corporation Student Refunding Mr. Harmon noted that the LAA is not state government is the largest renter of space, Revenue Bonds, Senior Series 2017A (Tax- clearly defined as either a public or a private the rental rates are above average. In response to Exempt ATM Fixed Rate Bonds), in the amount entity; was neither created by an act of the Representative Moffett’s comments, Mr. Aubrey of $40,000,000; and Kentucky Economic General Assembly nor codified in statute; and said that the average rates are somewhat skewed. Development Finance Authority Hospital that 75 percent of the income used to pay debt A lot of the state leases have been in place for Revenue Bonds, Series 2017A and B (Owensboro service for bonds issued, exclusive of the $75 20 plus years and the rates are comparative to Health, Inc.), in the amount of $472,635,000. No million from the Commonwealth, to finance the those past rates which tend to drive the average action was required. construction of the arena is derived from taxpayer down. Mr. Aubrey said that most of the new lease New School Bond Issues with School dollars. To date, about $8 million in principal of projects are $12-$14 per square foot. Facilities Construction Commission (SFCC) the approximately $350 million issued in 2008 Senator Carroll said the state plans to Debt Service Participation has been repaid. Legislation passed in the prior demolish the Capital Plaza Complex tower and Mr. Barrow reported four new SFCC session enables the TIF to be extended for up construct a new state office building. In the school district bond issues for a total amount to another 25 years, increasing the time the TIF process, there are several state leases in Franklin of $44,430,000. The bond issues will finance could be active to a total of 45 years. County that will be terminated, and many of the one new school construction project, refund Mr. Harmon offered some additional leaseholders are trying to extend these leases outstanding bonds, and complete districtwide observations based on his office’s review of the in contemplation of the demolition project. improvements for schools in Franklin, Harlan, LAA’s financial statements. He said the LAA Senator Carroll commented that the lessors Campbell (Newport Independent), and Pulaski should increase transparency and oversight. presently have the state over a barrel since the Counties. With the exception of the Newport The 2006-2008 Executive Budget incorporated new state office building has not yet been built Independent School District, no tax increase was taxpayer protections as a condition of receipt and good rental space is not available due to necessary to finance the projects. of the $75 million contribution from the most of it being occupied by state government A motion was made by Senator Carroll to Commonwealth; requiring the LAA to comply agencies. However, once the new office building approve the bond issues, seconded by Senator with the Executive Branch Ethics Code, the is constructed, it will hold double the amount McDaniel, and passed by unanimous roll call Model Procurement Code, and the Open Records of state employees currently held in the Capital vote. and Meetings Acts. However, budget language Plaza Complex tower. Additionally, Senator New Local School Bond Issues with with these conditions was neither renewed Carroll said that there will be a reduction of 100 Percent Locally-Funded Debt Service nor otherwise codified. Additionally, Mr. rental spaces available in Franklin County since Participation Harmon said the LAA should be a component one new state office building has already been Two 100 percent locally-funded unit of the Commonwealth and included in completed and with the plan to build a new one. school bond issues were reported for Johnson the Commonwealth’s Comprehensive Annual Project Report from the Finance and and Pulaski Counties. The bond issues total Financial Report, which has been presented to Administration Cabinet $7,740,000, and the scope of work includes the Finance and Administration Cabinet for The Finance and Administration Cabinet has renovations to district schools and districtwide consideration. allocated $725,000 for the Barren River Lodge energy improvements. The bond issues did not Mr. Harmon noted other issues including no Concrete and Railing Repair project. The project involve a tax increase. No action was required. internal staff, outsourcing of all operations, and THE KENTUCKY GENERAL ASSEMBLY 41 no reporting of some revenue generated; making should not rely on additional taxpayer support report recommending ways to increase revenues oversight of arena activities challenging. alone to be successful. To ensure the long-term was not obtained. Mr. Harmon said the LAA did not fulfill a sustainability of the arena, all parties benefiting Senator McDaniel noted ULAA’s $15 million monitoring safeguard in its loan agreement with from the arena, not just the taxpayers, should increase in annual revenue after the opening the Kentucky Economic Development Finance formally renew their commitments to the project. of the arena. He stated that the taxpayers are Authority (KEDFA), which requires meeting In response to questions from Representative being fleeced and that it was not unreasonable targeted ratios of revenues to debt service. These Moffett, Mr. Harmon said his office was not able to expect the university to pay an additional $2.5 targeted ratios have not been met for some to quantify the gross dollar amount the ULAA million per year. He expressed his appreciation time, and not meeting these targets should have earned from the KFC Yum! Center. Sara Beth for the work of Auditor Harmon and Mr. Cox. prompted the LAA to obtain a consulting report Gregory, Chief of Staff for the Auditor of Public Auditor Harmon stated that even if the with recommendations on increasing revenues. Accounts, added that the LAA generates income TIF had performed as projected, the largest However, no such report was obtained. Also, that goes directly to the ULAA and is difficult to percentage of payments would have been tax- an existing contract with the management track. Mr. Harmon said some of the revenue that supported and Senator McDaniel remarked that operations company was extended until 2027 does not go directly to the LAA are items such as if the TIF projections were not inflated then the without competitive bidding or independent signage inventory and courtside seats sold by the new arena may not have existed. analysis. ULAA, licensing of events at the arena, market Senator Humphries thanked the Auditor for Mr. Harmon presented a slide presentation value of suites and complimentary tickets. In his report and invited Representative Wayne to that included, among other things, TIF addition, there are donations to the Cardinal comment. Representative Wayne thanked the projections, Kentucky sales and use tax receipts, Fund generated by basketball. Mr. Harmon said Auditor for his report, and the committee for LAA net assets, the ULAA net position and this financial information was not included undertaking this effort. He recommended that UofL basketball revenue. Mr. Harmon noted that because it was outside the scope of the audit. there be ongoing oversight of the LAA by the TIF revenues have underperformed projections He explained that the primary mission was to committee, and suggested that regular reports due to multiple factors, including a significant review the financial statements and the contracts from the LAA be submitted to the committee. recession. In 2016 TIF revenues were less than to ensure that LAA was complying with the He also encouraged the committee to consider two-thirds of what was originally projected, $5.5 contract agreements. formally asking the Auditor to conduct an audit million below target. When compounded over Representative Moffett said one of the of the ULAA. time, a lag of performance of the TIF presents fundamental pieces of information the public Senator Humphries invited other guests to significant challenges for the LAA. At the outset deserves to know is how much the ULAA is the testimony table to discuss the LAA audit. of this project, the LAA advisors referred to making from the KFC Yum! Center agreement Speaking on behalf of the KSFB, Mr. Rittenberry the UofL Department of Economics’s analysis and how much the KFC Yum! Center is actually said to his knowledge, the LAA and the KSFB of historical sales tax receipts. The analysis was making. He expressed interest in obtaining those have not reached an agreement on the net based on data in tax growth rates; property tax amounts. negative impact payments to be paid to the KSFB receipts dating back ten years compared to sales In response to another question from after moving the U of L basketball program from tax receipts, which comprise the majority of TIF Representative Moffett regarding the negative Freedom Hall to the KFC Yum! Center. He said payments, dating back 16 years. The 16 year time impact payments to be made to the Kentucky there have been discussions, but no agreement frame included 1990-1991, a year in which there State Fair Board (KSFB), Ms. Gregory said she has been reached. The net negative impact was a 1 percent increase in the sales tax rate in did not have the exact dollar amounts of the currently is about $13.5 million. Kentucky. By including 1990 in the calculations payments, but provisions were included in the Speaking on behalf of the LAA, Mr. Cox said as a starting year, the sales tax increase, which 2006-2008 Executive Budget to compensate the he appreciated the invitation to speak, and he was a onetime policy change, was factored into KSFB for its loss of income due to construction thanked the Auditor for conducting the audit. the projected growth rate of sales tax receipts. The of the KFC Yum! Center. Mr. Harmon said the He said his only concern was that executing the numbers on the tax analysis chart for Jefferson 2016 financial audit shows that the LAA made audit may have affected LAA’s ability to refund County were estimates as sales tax receipts were the $100,000 annual payment per the terms of the arena bonds, but the audit was completed in not tracked by county. the settlement with the KSFB. a timely fashion. The sales tax receipts projections contributed In response to a question from Senator Senator McDaniel asked Mr. Cox if there is to the unrealistic expectations of the TIF McDaniel, Mr. Harmon stated that if the LAA an agreement between the LAA and the KSFB performance, to the point that it was originally were to default on its bond payments, then regarding the net negative reimbursement to intended that TIF revenues would enable paying UofL has the right of first refusal to purchase the KSFB, and if so, what dollar amount has additional principal ahead of schedule. No the arena after satisfying obligations set by the been repaid. Mr. Cox said the LAA has agreed additional principal has been paid as planned. In bondholders. to pay the KSFB $100,000 annually for a specific 2015, 100 percent of TIF revenues were used for Senator McDaniel commented that the audit amount of years (10 or 15) to compensate it for senior debt service, and in 2016 the vast majority vindicated those who believed that historical the management fee it would have earned from of TIF revenues were also applied to senior debt tax data was manipulated in order to initiate managing the LAA. He said the LAA’s Board of service. Plans also intended for $3 million per the construction of the arena and asked for Directors believes LAA does not owe anything year to go towards a renovation and replacement clarification of the obligations of the LAA for beyond that. An Attorney General’s advisory fund beginning in 2011 but this fund currently when the arena did not meet the contractual report concluded that the LAA did not owe the has a balance of $642,700, technically the balance ratio of revenues to debt service. KSFB beyond the $100,000 annually. should be about $18 million. Mr. Harmon explained that the ratio of Speaking on behalf of the ULAA was Mr. Mr. Harmon said the arena is an important revenues to debt service were consistently Mike Herrington, an attorney with Stites & venue for UofL, the City of Louisville and below the targeted 1.1 to 1 (or 110 percent of Harbison, PLLC. Mr. Herrington explained that the Commonwealth of Kentucky. The arena revenues) and that the required consulting the ULAA is a component of the university, and

42 2017 Interim LEGISLATIVE RECORD he was not sure what would be accomplished by on increased opportunities to bring in additional the 2016 OEA Annual Report in detail. Under having a separate audit of the ULAA. He said revenue. KRS 7.410, OEA is required to present an annual he would leave that to the staff of the ULAA to Senator Humphries thanked the presenters report of the status and results of the annual respond, and make them aware that the request and the invited guests for appearing before the research. OEA is also required to provide a has been discussed. committee. With there being no further business, summary of the complete investigative activity Mr. Denis Frankenberger from Louisville, the meeting was adjourned at 2:30 p.m. and a written report of the findings. Kentucky, and former Attorney General Chris Mr. Wickersham said OEA’s active outreach Gorman were invited to the table to speak. program includes regular meetings and frequent Referring to the original bond indenture Education Assessment and contact with its educational partners. The agreement, Mr. Frankenberger said the original Accountability Review outreach program is designed to ensure all TIF district projections were made by the State Subcommittee inquiries receive consistent answers as provided Budget Director, and the figures were untenable. Minutes through OEA and its educational partners. OEA The first nine years of the TIF were projected to June 20, 2017 conducts monthly meetings with Kentucky be 19.5 percent compounded per year, and the Call to Order and Roll Call Department of Education (KDE) and maintains increase from year one 2010 to 2019 was 425 The meeting of the Education Assessment frequent contact with the Kentucky School Board percent. and Accountability Review Subcommittee Association (KSBA), Kentucky Association In regard to the recently completed audit (EAARS) was held on Tuesday, June 20, 2017, of School Superintendents (KASS), Kentucky of the LAA, Mr. Frankenberger said without a at 1:00 PM, in Room 129 of the Capitol Annex. Association of School Administrators (KASA) corresponding audit of the ULAA, the results of Senator Mike Wilson, Co-Chair, called the and the Educational Professional Standards Board the audit are inconclusive. He said an audit of the meeting to order, and the secretary called the (EPSB), as well as individuals from schools and ULAA would identify all streams of revenue that roll. districts. The meetings give OEA’s partners the flow directly to it. Present were: opportunity to identify common concerns and Mr. Frankenberger next addressed the Members: Senator Mike Wilson, Co-Chair; ensure those concerns are interpreted according issue of the net negative impact payment due to Representative Daniel Elliott, Co-Chair; Senators to the laws and regulations in local districts. KSFB from the LAA. He said this payment was Alice Forgy Kerr and Max Wise; Representative OEA provides an avenue for open feedback from a contractual obligation of the LAA to be paid Derrick Graham a customer service standpoint that allows an to KSFB. Mr. Frankenberger said the agreement Guests: Lisa Moore, KDE/OET; Eric opinion to be given on the performance of the reached with KSFB was a cost reimbursement Kennedy, KSBA. OEA employees and that ensures all educational rather than a management fee. Of that $1.4 LRC Staff: Joshua Collins, Yvette Perry, Janet partners are on the same radar. million, $1.1 million is still outstanding and is Stephens, and Chris White. Mr. Wickersham gave an overview of the over four years past due. Election of Co-Chair OEA’s investigative duties. Under KRS 7:410, Mr. Frankenberger commented on the debt Co-Chair Elliott chaired for the purpose the OEA has a duty to investigate allegations associated with the arena, noting that total public electing the Senate co-chair. Senator Kerr involving waste, fraud, mismanagement, abuse, subsidies for the LAA will be about $200 million, nominated Senator Wilson as the Senate co-chair and any wrongdoing of any person or agency in and with the passage of House Bill 330 by the and Senator Wise seconded the nomination. violation of the Kentucky Education Reform Act 2017 General Assembly, the Commonwealth will On a motion by Senator Kerr and seconded by (KERA). After gathering relevant information spend $1.2 billion in arena subsidies which is an Senator Wise, nominations ceased and Senator but prior to conclusions, the OEA will provide average over a 38 year period of $31.6 million per Wilson was elected Senate co-chair. information to the districts regarding the year. He said it seems like a taxpayer travesty that Due to lack of members, the House co-chair allegations prior to making the final results the ULAA makes approximately $28 million per will be elected at the next EAARS meeting in public. The districts then have an opportunity to year net of expenses on arena related activities August. provide a written response. Upon determining a without any investment, and the taxpayers put in Approval of the minutes violation has occurred, the OEA is obligated by $31.6 million per year. On a motion by Senator Kerr and a second statute to make referrals to any agency that has Mr. Gorman said in his opinion, state and by Senator Wise, minutes of the February 14, the authority to take enforcement action. Mr. local government should not use its taxing 2017, were approved and adopted by voice vote. Wickersham said anything affecting due process powers for a Division I basketball program. If Presentation: Office of Educationgoes to the executive branch. the Commonwealth and Jefferson County are Accountability 2016 Annual Report Any state agency with knowledge of a going to give an additional $28 million dollars Senator Wilson introduced David violation of KERA also has an obligation to a year to one of the seven athletic programs Wickersham, Deputy Director of the Office make a referral to OEA, which serves as the state around the state, it raises the question of what of Education Accountability (OEA), who clearinghouse for all complaints. An investigation is to prevent the athletic directors from the introduced Karen Timmell, OEA’s Investigations is conducted and OEA refers the matter to the other six institutions from requesting additional Division Manager, and Bart Liguori, OEA’s agency for action upon the conclusion of the funding for their athletic programs. Athletics is Research Division Manager, as well as the investigation. a business that should not be supplemented by OEA administrative staff, Tammy Daniel and Mr. Wickersham said under KRS 160.345 state and local government. Angie Jones. Ms. Timmel introduced OEA’s provides anyone who has been, or believes Mr. Gorman addressed the lack of available investigative staff: Bryan Jones, Shuo Han, and they have been, adversely affected by a School- dates for conventions in the KFC Yum! Center Brad Nelson. Mr. Liguori introduced OEA’s Based Decision Making (SBDM) matter the due to the UofL basketball program’s use. research staff: Albert Alexander, Sabrina Olds, opportunity to file a written complaint. OEA When the KFC Yum! Center is not available for Deborah Nelson, Logan Rupard, Chris Riley and is obligated to investigate all complaints and conferences and conventions due to use by the Graduate Fellow Student Chris Joffrion. is required to either resolve that issue or to UofL Basketball program, the state misses out Mr. Wickersham discussed the findings of forward that matter on to the Kentucky Board of THE KENTUCKY GENERAL ASSEMBLY 43 Education (KBE) for action. Upon that determination, the OEA provides a the General Assembly has written into KRS 7.420 During the last ten years, Mr. Wickersham three-day notice to districts prior to making a provide the notice and opportunity to respond reported that OEA has initiated and investigated scheduled visit for an investigation. OEA informs that due process would require. activity in almost 750 matters and closed just the district of any witnesses the agency would like The vast majority of resolutions result in shy of 700 cases. Of those cases, OEA had 556 to interview while at the same time not revealing a recommendation for additional training. If investigative matters and closed 524. OEA too much information regarding the specifics of any violation of a regulation, statute, or local opened 193 SBDM specific matters and closed the complaint. This practice reflects OEA’s good board policy is confirmed, these are likely to be 173 cases. faith effort to keep the district informed. OEA mistakes rather than an act of willfulness conduct In 2014, OEA opened 66 investigations and then interviews those individuals in the districts, or a crime. Simple errors in judgement are often closed 63 cases. OEA opened 49 cases, which with the exception of children or students. committed without any ill will, thought, or intent is around 8 percent of the total complaints After fact finding is completed, there may be an to violate the law, statute, or policy. For that received, with three hundred ninety-three of the extensive follow-up period due to the significant reason, OEA’s recommendations and resolutions 612 written complaints being filed anonymously. time the cases take to complete. made with districts are very much structured to In 2015, 49 new cases were opened and 59 During the course of the investigation, be rehabilitative and not punitive. OEA partners closed. In 48 of the closed cases, OEA identified reviews of past files will determine if previously with EPSB, KSBA, and KDE to provide training 80 violations of law. In 11 of the closed cases, received complaints regarding similar issues have to allow the district to get back on track in terms there were no findings of any violations. In 2016, occurred under the same district leadership. If of performance of their day-to-day work. Mr. a significantly higher number of 97 cases were similar issues have been previously addressed, Wickersham said that it is an extremely rare case reported, of which 56 were closed. In 41 of those the findings may suggest repetitive behavior in a in which OEA finds that someone has willfully cases, the OEA found 75 violations of the law. particular area. OEA avoids matters currently in violated the law, which warrants further action Mr. Wickersham said the initial complaint may litigation or headed for litigation. The agency also by law enforcement, the Auditor of Public uncover other violations which are substantiated declines to get involved if formal proceedings are Accounts, or the KBE. Most referrals that are by documentation or interviews and will be pending. made for action of that type are only in the cases addressed during that time. Mr. Wickersham said the vast majority of egregious conduct at the district level that is Mr. Wickersham said of the 533 written of resolutions result in recommendations for typically either repeated over a short period of complaints (or 82 percent) the OEA had, were additional training. If violation of a regulation, time or has been a consistent problem in that declined or referred and 18 percent of the statute or local board policy is confirmed, they district over a period of months or years. complaints advanced to investigative activity. are likely to be mistakes rather than an act of Mr. Wickersham emphasized that it Two hundred ninety eight, or six percent, were willful conduct or crime, since simple errors in is critical to remember that OEA’s work is anonymously submitted. The declined or referred judgement may be committed without any ill will, rehabilitative. OEA recognizes the hard work complaints are not ignored but are steered to more thought, or intent to violate the law, statute, or performed in districts daily and under extremely appropriate resources that have both statutory policy. For that reason, OEA’s recommendations difficult circumstances. OEA’s role is to get and regulatory authority to act or investigate to and resolutions to districts are structured to be districts back on track. Mr. Wickersham said reach a determination. Testing violations and rehabilitative and not punitive. OEA partners there is a significant difference between getting special education matters are referred to KDE with EPSB, KSBA, and KDE to provide training a district back on track and applying a penalty. while discrimination issues are referred to the to allow the district to get back on track in terms OEA recognizes the dedication of school staff Kentucky Human Rights Commission or federal of performance of their day-to-day work. Mr. and administrators and attempts to build upon authorities. Criminal activity is reported to the Wickersham said that it is an extremely rare case helping them improve their performance at the appropriate police or investigative agencies, in which OEA finds that someone has willfully local level. fiscal matters to the Auditor of Public Accounts, violated the law which warrants further action by SBDM councils have been required in and open meetings and open records matters law enforcement, the Auditor of Public Accounts, Kentucky schools since the 1990s and were a that the OEA is unable to resolve are referred to or the KBE. Most referrals that are made for change in school governance necessitated by the the Office of the Attorney General. action of that type are cases of egregious conduct Education Reform Act that gave a voice to both Mr. Wickersham said having 15 cases with at the district level that is either repeated over teachers and parents about the way the school no violations is an important part of their work a short period of time or has been a consistent is operated. The statute requires that SBDM as well. He said one of his greatest satisfactions is problem in the particular district for months or councils be involved in 11 different aspects of that OEA can investigate and demonstrate to the years. school governance. district that the law has been followed, because Mr. Wickersham distinguished between At most schools, the SBDM council consists a complaint does not automatically mean that preliminary and final reports regarding the of the principal, three teachers and two parents there has been a violation of the law. complaints. OEA’s statutory obligation, KRS of children who attend the school. Parent Before taking action to begin an 7.420, requires a complete and thorough representatives are elected either by the Parent- investigation, OEA must consider the specificity preliminary report be sent to the district Teacher Organization (PTO) or by the largest of the information received, the seriousness of involved to provide an opportunity to respond group that has been selected for the purpose of the allegation, issues of proof, possible outcomes, to the determination of the facts, conclusion, conducting that election. The statute provides and availability of witnesses. Mr. Wickersham and resolution before final action is taken. Mr. limited guidance on who conducts the teacher said an on-line complaint form is primarily Wickersham explained that due process is based elections, although there are fairly clear guidance received by email; however, there are rare, on notice of what the wrongdoing is believed to be regarding parent elections. Complaints received occasional complaints delivered by the U.S.P.S. and an opportunity to respond. He said the right typically allege interference with one of those Mr. Wickersham explained that upon receipt to due process isn’t greatly impacted by OEA’s processes and the resolution involves guidance. of a complaint, OEA designates the complaint actions, because there is neither a deprivation of OEA must determine whether guidance is as either a SBDM case or an investigative case. life, liberty, or property interest. The protections appropriate or simply a reminder about what the

44 2017 Interim LEGISLATIVE RECORD statute entails. monies can better be spent on modernization of OEA’s September presentation involved Mr. Wickersham added that OEA also get current schools in the district. a review of the Safe Schools Program. The complaints that SBDM councils have violated Some complaints allege that boards are Kentucky Center for School Safety (KCSS), also open meetings or open records laws pertaining failing to properly exercise financial oversight available on the website. to insufficient meeting notices or meetings held by not closely scrutinizing expenditures and District Data Profiles were completed at inconvenient times or places. Complaints also providing inadequate documentation for travel in September, 2016; however, OEA has now include closed-session meetings although these expenditures. Another complaint is the board is adjusted the presentation and publication meetings are permitted as long as the appropriate not reviewing budgets with enough frequency to schedule to provide the information earlier in procedures are followed. Another frequent be good stewards of the public’s money. the year in an effort to better serve the members complaint deals with SBDM councils that fail to Mr. Wickersham highlighted outside activity of EAARS and the members at large. keep minutes or minutes that are inaccurate. funds as a slight concern – often involving In October, OEA presented an overview of Other SBDM allegations are councils who Booster Clubs. The KDE partners with OEA on achievements gaps in Kentucky schools, which is are not approving budgets or not properly the implementation and training of accounting available online as well. recording the approval in the minutes. procedures known as “the Redbook”. KDE Mr. Wickersham said later this year OEA will Occasionally, complaints are reported regarding provides training to comply with restrictions of be providing the 2016 research agenda covering inappropriate policy or the absence of a policy outside activity funds and insures the training the topics of attendance, pre-school and half- required by the SBDM councils, such as making and guidance provided is responsive to issues day kindergarten, and high school indicators policies on curriculum, spending, school space that are commonly seen in districts. associated with post-secondary success. usage, discipline, extra-curricular activities, Mr. Wickersham listed other miscellaneous In response to Chairman Wilson’s question alignment with standards, and the consultative complaints that arise less frequently as regarding whether violations are willful violations role regarding hiring. Common complaints are incompatible/dual offices held by boardor simply a lack of knowledge of the regulations, lack of policies or policies which are out of date members, nepotism, boundary disputes involving Mr. Wickersham, from his perspective, said it is or lack of consultation with SBDM councils on the residence of students, and certification of rarely a willful or intentional violation but more vacancies. teachers. Also reported is an emergency certified likely lack of attention to detail, training issues, The most common complaint regarding person being hired when a certified person was or preoccupation with one particular facet of local Boards of Education are allegations of available. OEA occasionally gets allegations implementation of a new law and a neglect of hiring interference. KRS 161.180 provides clear regarding alternative certified teaching. another facet. instructions that Board of Education members Regarding an overview of the OEA research Ms. Timmell said that it is rarely intentional; may not influence or attempt to influence the process, the governing statute requiring that however, the method of determining is the hiring of any school employee, with exceptions EAARS, on or before December 1st of each pervasiveness of the violations. If complaints are for superintendents, board treasurers, and year, must adopt an annual research agenda for received about every school in the district, then board attorneys. It is possible for OEA to make the following year. OEA’s studies, research and it is an indication of an intention not to follow referrals on an allegation of hiring interference, investigations are at the discretion of the EAARS the law. However, the complaints must be an if substantiated, to the OAG for action. Typical Committee. OEA prepares a suggested list of egregious type of violation for a referral to be allegations include a person not having the relevant topics for the committee to consider. made. appropriate education, a conflict of interest with The members then determine what OEA will In response to Representative Graham’s an incompatible office, or not residing in the study. Statutes dictate if the General Assembly question, Mr. Wickersham said the greatest district they represent. KRS 161:80 indicates that mandates the study of a particular topic, the violation reported is failure to consult and hire a member must live and vote in the district they research agenda can be modified to incorporate with the SBDM at the school level and at the serve. Occasionally OEA receives allegations that that topic. According to Mr. Wickersham’s district or board level. Ms. Timmell said at the a member maintains more than one home, using knowledge, this has not happened previously SBDM level, the majority of complaints is failure one address for the purpose of attempting to but said the biggest difficulty for OEA would of consultation policy. At the district level, the serve as a board member for a particular district, be executing such a request in a timely manner majority of complaints regard failure to post when the member actually resides in another because of the time necessary to complete study or the position is posted for the 30-day period district. OEA also receives complaints regarding on an individual topic. Any additions would knowing they have pre-selected a candidate. In both direct and indirect financial conflicts, which require some adjustment. response to Representative Graham’s question, are prohibited by KRS 161:180. If substantiated, Mr. Wickersham acknowledged OEA staff Ms. Timmell said she believes a lack of OEA will make a referral to the AG’s office. for a recent award to be recognized at NCSL knowledge or intentional acts. By pre-selection, Mr. Wickersham said that less common meeting in August. OEA’s publication on recess Ms. Timmell said the district generally feels they are complaints concerning surplus property and physical education K-5 was given an award have the most qualified person for the position, in a local district. School buildings in rural based upon it being an innovative study that was but may not realize they qualify for a waiver, so communities have buildings that were once used both substantive and contemporary in terms of they simply do not ask for one. but are now abandoned. If the schools no longer helping informed legislative decision making. In response to Representative Graham’s serve an educational purpose which is beneficial Mr. Wickersham reported on the three question, Mr. Wickersham said new school to the district’s current needs, it is the obligation studies presented in 2016: board members with no prior exposure and of the board to declare the structure as surplus In August, OEA presented Special Education inconsistency within the regular workforce may property and dispose of it following local policy in KY 2016 Study, an update of some earlier not fully understand the training. Once OEA and law. Due to the expense of maintenance and studies. Mr. Wickersham condensed the overall is involved in a matter, has conducted a full insurance, OEA encourages districts to dispose findings and recommendations in the reports he investigation and required specific training, it of surplus property. Although it may be difficult will refer to, but provided a link to the study is is typically the end and no more complaints are from a political perspective, it is believed those available on the website. received. THE KENTUCKY GENERAL ASSEMBLY 45 first year retention rates have been included. other information. Presentation: 2016 District Data Profiles The staffing section includes the number In response to Senator Wise’s question, Mr. Albert Alexander presented the Kentucky of classified and certified personnel, teacher Alexander said KDE definition of homeless on District Data Profiles for School Year 2016, which experience, rank, and salaries. The number of full the demographic profile is defined as a child who won a notable documents award in 2012. The time equivalence (FTE) teachers includes only was determined under the McKinney-Vento report was created in 2007 school year, however, classroom teachers. The section also includes Homeless Education Act. OEA will provide caution should be used when comparing certain state and district salary schedule by rank and the specifics of the Act to the committee. Mr. measures over the years such as graduation rate, years of experience. The state profile shows an Wickersham added that KDE added a change ACT, Student Achievement, and fund balance average of all the district schedules. The district in the calculation regarding children who are percent and change over the years. schedule shows the number of contract teaching awaiting foster care placement and has modified The changes this year are students are days which are the number of base days the KBE its guidance due to a shift in federal guidance. no longer tested with PLAN and EXPLORE has adopted to pay certified staff each year. The Before the change, the end result was an assessments, allowing OEA to add two additional minimum contract days any district can have incredibly high homeless student counts in some years of ACT 11th grade test data. In addition, is 185, and 86 districts are at this level. The school districts that would seem to defy logic. two years of dual credit are now shown for maximum days any district is allowed to have in The revision was to disavow students waiting comparison purposes. In the attainment section, 2016 is 188, which only one district had at this foster placement. Mr. Wickersham will follow up adult GED is no longer tracked by the KDE and level. to ensure this information is correct. was replaced with retention rate. The categories for student performance are In response to Mr. Wickersham’s question, The purpose of the profile support is to Advanced Placement (AP), ACT 11th Grade, Senator Wilson suggested District Data Profile provide easy access to commonly used education Kindergarten Readiness, Dual Credit and Next- distribution be segmented for each person’s data. It is intended as a quick, reliable reference Generation Learners. This is the second year of district. Senator Wise added that he prefers for seeing how each district compares to the dual credit, which allow students to earn high having his specific counties and districts to use state as a whole and other districts with similar school and college credit for the same course as well. characteristics. simultaneously. Next-Generation Learners score On a motion by Senator Wise and a second The primary source of the data is from is the component of the current accountability by Representative Graham, the 2016 OEA the KDE School Report Card that is available model and includes achievement, gap, growth, Annual Report was accepted by the committee. online. Report cards provide information college and career readiness, graduation rates On a motion by Senator Wise and a second about each district, including test performance, and other performance information. by Representative Graham, the District Data teacher qualifications, student safety, and parent Finance is also in the report, which provides Profile Report was accepted by the committee. involvement. The data is recorded by districts in per pupil current expenditures and revenues. There being no further business, the meeting two main systems – The Student Information Revenues are broken down by source. It also was adjourned at 2:00 p.m. System – usually referred to by its vendor, reports tax rates and SEEK distribution. The Infinite Campus (IC), and MUNIS, a depository average per pupil assessment for the state Government Contract Review for district staffing and financial data. The is $393,537; however, this number does not Committee profiles are organized by a data dictionary which show the range and district per pupil property Committee Minutes provides data definition to the sources, followed assessments. The district per-pupil property July 11, 2017 by 173 district profiles in alphabetical order. assessments range from a high of $1.3 million Call to Order and Roll Call The report continues with one profile to a low of just above $100,000. Page 365 of The Government Contract Review for Kentucky as a whole and several ranking the report shows a wide range of assessment by Committee met on Tuesday, July 11, 2017, at tables, useful for comparing districts and to see district. The District Profile reports the number 10:00 AM, in Room 131 of the Capitol Annex. where certain districts rank. The report shows of districts with various types of taxes. Senator Max Wise, Chair, called the meeting to an overview of staffing information, student The finance sections also reports the end- order, and the secretary called the roll. characteristics, graduation and other attainment of-year fund balance as well as expenditures Present were: data, discipline data, financial data and student by function as a percentage of all current Members: Senator Max Wise, Co-Chair; performance data. expenditures. As indicated by the slide, the state Representative Stan Lee, Co-Chair; Senators The overview section of each profile confirms as a whole in 2016, 58 percent of the current Julie Raque Adams and Paul Hornback; the number of students in terms of membership expenditures are spent on instructions and that Representatives Chris Fugate, Dennis Horlander, and adjusted average daily attendance as well figure has remained constant throughout the last and Diane St. Onge. as the number of A1 schools in the district. A1 four years. Guests: Tonia Wells, Lindsay Jackson, schools, as reported in the data dictionary, are the Regarding the District Current Expenditures Stephanie Craycraft, Kathy Burke, Steve Veno, number of schools under administrative control Report, the fund balance percentage calculation Mike Tuggle, Joy Hoskins, Carey Cockerell, of a principal and eligible to establish a SBDM changed at the beginning of 2011-12 School Year Jason Reynolds, David Byerman, Joshua Collins, Council. An A1 school is not a program operated to a 2 percent minimum fund balance. Jane Fitzpatrick, Jordan Smith, Bart Hardin, by or as part of another school. The profiles also In conclusion, OEA hopes the committee Barry Swanson, Craig Collins, Earl Gresham, divide demographics and membership by grade finds the District Data Profile information Lee Guise, Kristi Putnam, Deck Decker, Jill level for the current years and three previous useful. Some parts of profiles provide four years Hunter, Tina Robbins, Linda Hampton, and years. Mr. Alexander said free and reduced price of data but previous years can always be viewed Katie Morris. lunch eligibility is 60 percent for the state as a online. The time series can be used for tracking LRC Staff: Kim Eisner, Jarrod Schmidt, and whole, an increase of two percentage points from trends such as those that affect student, staffing Kim Smith. 2013. Also noted are graduation, retentions, or finances. Trends may also show the impact of DEFERRED ITEMS: drop outs and disciplinary actions. This is the various improvement initiatives and context for WESTERN KENTUCKY UNIVERSITY:

46 2017 Interim LEGISLATIVE RECORD Woodall GIS & IT Consulting; 171805. A ATTORNEY GENERAL, OFFICE OF THE 18-011; Sturgill, Turner, Barker & Maloney, motion was made by Representative St. Onge to Charles J. Rickert, 1700002765. PLLC, 18-012; The Segal Company (Eastern defer the contract to the August 2017 meeting of CABINET FOR HEALTH AND FAMILY States), Inc., 18-013; Audrey Ruiz Lambert, 18- the committee. Senator Raque Adams seconded SERVICES 014; VITAC Corporation, 18-016; St. Claire the motion, which passed. Tahira M. Bland, 1700002520. Regional Medical Center, 18-020. A motion was made by Senator Lee to CORRECTIONS, DEPARTMENT OF MURRAY STATE UNIVERSITY approve Minutes of the June 2017, meeting of American Correctional Association, Multi, 001-18; Multi, 002-18; Multi, 003- the committee. Senator Hornback seconded the 1700002445. 18; Multi, 004-18; Multi, 005-18; Multi, 006-18; motion, which passed without objection. EARLY CHILDHOOD ADVISORY Multi, 007-18; Multi, 008-18; Multi, 009-18; Gene A motion was made by Senator Lee to COUNCIL Kellogg, 011-18; Rick Walter/Boehl, Stopher and consider as reviewed the Personal Service Ghazvini Consulting Services, 1700002396. Graves, LLP, 013-18. Contract List, with exception of those items EASTERN KENTUCKY UNIVERSITY NORTHERN KENTUCKY UNIVERSITY selected for further review by members of the Multi, 18-148; Multi, 18-152; Multi, 18-156; Isaacson Miller, Inc., 2017-204; Gifted committee. Senator Hornback seconded the Dr. Vincent J. Mullen, II, 18-175; Stoll Keenon Communications, 2017-206. motion, which passed without objection. Ogden, PLLC, 18-177. OFFICE OF THE GOVERNOR, A motion was made by Senator Lee to EDUCATION, DEPARTMENT OF DEPARTMENT FOR LOCAL GOVERNMENT consider as reviewed the Personal Service Chenoweth Law Office, 1700002409. LCF, Inc. LLC, 1700002916. Contract Amendment List, with exception ELECTIONS, BOARD OF PROPRIETARY EDUCATION, STATE of those items selected for further review by Cyberscout, LLC, 1700002140. BOARD FOR members of the committee. Senator Hornback FAIR BOARD Blue & County, LLC, 1700002824. seconded the motion, which passed without CBRE, Inc., 1700002749. STATE POLICE, DEPARTMENT OF objection. FINANCE AND ADMINISTRATION William C. Sutton, 1700002187; Michael A. A motion was made by Senator Lee to CABINET - DIVISION OF ENGINEERING Hatler, 1700002195; Mark Wallace, 1700002200. consider as reviewed the Memoranda of Ross Tarrant Architects, 1700002127; TRANSPORTATION CABINET Agreement List, with exception of those items Paladin, Inc., 1700002128; Ross Tarrant Frost, Brown, Todd, LLC, 1700001791; Carl selected for further review by members of the Architects, Inc., 1700002129; Staggs and Fisher Bensinger, 1700002233; Cole and Moore PSC, committee. Senator Hornback seconded the Consulting Engineers, Inc., 1700002742. 1700002234; Embry Merritt Shaffar Womack, motion, which passed without objection. FISH & WILDLIFE, DEPARTMENT OF PLLC, 1700002235; Ferreri Law Group PLLC, A motion was made by Senator Lee to Ronny Hopkins, 1700002165. 1700002236; Fogle Keller Purdy PLLC, consider as reviewed the Memoranda of KENTUCKY COMMUNITY & 1700002237; Fox Wood and Estill, 1700002238; Agreement Amendment List, with exception TECHNICAL COLLEGE SYSTEM Fulton & Devlin, LLC, 1700002239; Gerner & of those items selected for further review by Deaf and Hard of Hearing Interpreter, Kearns Co., PSC, 1700002240; Gess Mattingly members of the committee. Senator Hornback Referral and Advocacy Services, LLC, 706; and Atchison, 1700002241; Goldberg Simpson, seconded the motion, which passed without Central Kentucky Interpreter Referral, Inc., 707; LLC, 1700002242; Goodrum & Downs PLLC, objection. Interpreting Services of the Commonwealth, 1700002244; Jason G Howell, 1700002245; Jones A motion was made by Senator Lee to LLC, 708. & Walters PLLC, 1700002246; Kerrick Bachert consider as reviewed the Film Tax Incentive List, KENTUCKY EMPLOYERS MUTUAL Stivers PSC, 1700002247; Logan & Gaines, with exception of those items selected for further INSURANCE PLLC, 1700002249; McMurry and Livingston, review by members of the committee. Senator Oliver Wyman Actuarial Consulting, Inc., 1700002250; Morgan & Pottinger, P.S.C., Hornback seconded the motion, which passed 17-OWC-001; Multi, 18- CLD-001; Conning, 1700002251; Patrick Law Firm, 1700002252; Pohl without objection. Inc., 18-CON-001; Dean Dorton Allen Ford, & Aubrey PSC, 1700002253; Reed Weitkamp A motion was made by Senator Lee to PLLC, 18-DDF-001; Deutsche Investment Schell and Vice, 1700002254; Reynolds Johnston consider as reviewed the Film Tax Incentive Management Americas, Inc., 18-DIM-001; Hinton and Pepper, 1700002255; Robert L. Amendment List, with exception of those items McCarthy Strategic Solutions, LLC, 18-MSS- Roark, PLLC, 1700002256; Sturgill, Turner, selected for further review by members of the 001; Oliver Wyman Actuarial Consulting, Inc., Barker & Moloney, PLLC, 1700002257; Tooms committee. Senator Hornback seconded the 18-OWC-001; Underwriters Safety & Claims, Dunaway & Webster, 1700002258; Urbon Yonts, motion, which passed without objection. 18-USC-001. PLLC, 1700002259; Vanantwerp Attorneys, A motion was made by Senator Lee to KENTUCKY LOTTERY CORPORATION LLP, 1700002260; Wallace Boggs PLLC, consider as reviewed the Correction List. Senator IGT Global Solutions Corporation f/k/a 1700002261; Whitlow Roberts Houston and Hornback seconded the motion, which passed GTECH Corporation, 18-10-001; TEK Systems, Straub, 1700002262; Bertram, Cox & Miller, LLP, without objection. 18-11-040; IGT Global Solutions Corporation 1700002446; Crown Title, LLC, 1700002447; THE FOLLOWING PERSONAL SERVICE f/k/a GTECH Corporation, 18-15-001; Gaming Daniels Law Office PSC, 1700002448; Embry CONTRACTS WERE REVIEWED WITHOUT Laboratories International, LLC, 18-15-028-2; Merritt Shaffar Womack, PLLC, 1700002449; OBJECTION: Goldberg Simpson, LLC, 18-16-024-1; Pomeroy Fox Wood Wood and Estill, 1700002450; Gerner ADMINISTRATIVE OFFICE OF THE IT Solutions, Inc., 18-17-002. & Kearns, PSC, 1700002451; Gess Mattingly COURTS KY RACING COMMISSION Atchison, PSC, 1700002452; Hoffman & Barnes, Stoll Keenon Ogden PLLC, 1700002948; Kentucky Equine Research, Inc., 1700001648; 1700002453; Jason G. Howell, 1700002454; Steven Wright, 1700002949. LGC Science, Inc., 1700001722. Kerrick Bachert Stivers, PSC, 1700002455; AGRICULTURE, DEPARTMENT OF MOREHEAD STATE UNIVERSITY Legacy Title Company, LLC, 1700002456; Logan Miss Kentucky Scholarship Organization, McBrayer, McGinnis, Leslie & Kirkland, 18- and Gaines, PLLC, 1700002457; McMurry Inc., 1700002481. 009; Sturgill, Turner, Barker & Moloney, PLLC, THE KENTUCKY GENERAL ASSEMBLY 47 Livingston, PLLC, 1700002458; The Law Office 1600003867; Adams Stepner Woltermann and 17-043; HDR Engineering, Inc., 17-045. of Kim Hunt Price, PLLC, 1700002459; Reimer Dusing, 1600003912; Tad Thomas, 1700000454; MURRAY STATE UNIVERSITY Law County, 1700002460; Reynolds, Johnston, Greenebaum Doll and McDonald, 1700001370; Multi, 001-16; Multi, 001-17; Carrithers Law Hinton, and Pepper, LLP, 1700002461; Alicia Landrum and Shouse, 1700002671. Office, PLLC, 003-15; Facility Commissioning A. Sneed, 1700002462; Greg Taylor Associates, AUDITOR OF PUBLIC ACCOUNTS, Group, 003-16; McClain DeWees, PLLC, 003- PLLC, 1700002463; Tooms, Dunaway, and OFFICE OF THE 17; Deaf & Hard of Hearing Interpreter, Referral Webster, PLLC, 1700002464; Wallace Boggs, Harding Shymanski and Company, & Advocacy Services, LLC, 006-16; Sturgill, PLLC, 1700002465; Whitlow, Roberts, 1600003356. Turner, Barker & Moloney, PLLC, 007-17; Houston, and Straub, PLLC, 1700002466; DENTISTRY, BOARD OF Goldberg Simpson, LLC, 012-16; Boehl, Stopher QK4, Inc., 1700002590; Aecom Technical Brian Fingerson Rph, Inc., 1700000105; & Graves, LLP, 017-15; Peck, Shaffer & Williams, Services, Inc., 1700002656; Palmer Engineering McBrayer McGinnis Leslie and Kirkland, a division of Dinsmore & Shohl, LLC, 018-14; County, 1700002663; Integrated Engineering, 1700000265; Shannan M. White, 1700000982; T. Sloan Appraisal & Realty Services, 101-16; Sirk 1700002665; T.H.E. United Corporation, Clay Mason, 1700000983. Appraisal Company, 102-16; Trifecta Real Estate 1700002688; Wanda Ballard Repasky Attorney DEPARTMENT FOR AGING & Services, 103-16; Murphy Napier & Company, At Law, 1700002760; Palmer Engineering INDEPENDENT LIVING 104-16; Haverstock Bell & Pittman, LLP, 106-15. Company, 1700002761; Palmer Engineering Harrison County Circuit Court, 1600003967. NORTHERN KENTUCKY UNIVERSITY County, 1700002768; Integrated Engineering, DEPARTMENT FOR MEDICAID Multi, 2017-100; Kalil & Co., Inc., 2017-118; 1700002776; Gresham Smith and Partners, SERVICES JMS & Associates, Inc., 2017-122; Anderson 1700002781; EA Partners, PLC, 1700002782; Aon Consulting, 1600001136. Strickler, LLC, 2017-135; KZF Design, Inc., Aecom Technical Services, Inc., 1700002795; DEPARTMENT FOR PUBLIC HEALTH 2017-186. J.M. Crawford & Associates, Inc., 1700002881; Multi, 1600002614; Multi, 1600002664; OCCUPATIONS AND PROFESSIONS Applied Pavement Technology, Inc., 1700002892. Kentucky Hospital Association, 1700001125. PSI Services, LLC, 1600002597-1. UNIVERSITY OF KENTUCKY DEPARTMENT OF REVENUE PERSONNEL BOARD GBBN, A171200; Susan Burton, DMD, RTC, Inc., 1600003624. Colleen Beach, 1600002104; John Ryan, K18-112; NAMI Lexington (KY), Inc., K18- EASTERN KENTUCKY UNIVERSITY 1600002660. 113; Danny Corales, MD, K18-114; Horn and Crowe Horwath, LLP, 18-115. POST SECONDARY EDUCATION, Associates in Rehabilitation, K18-115; Cornett FINANCE AND ADMINISTRATION COUNCIL ON Integrated Marketing Solution, K18-117; New CABINET Fantastic Plastic Entertainment, Inc., City Media, Inc., K18-118; CorVel Enterprises PFM Group Consulting, LLC, 1700000539. 1700001658. Comp, Inc., K18-119; Kinkead & Stiltz, PLLC, FINANCE AND ADMINISTRATION TRANSPORTATION CABINET K18-120; Dinsmore & Shohl, K18-121; Barnett, CABINET - DIVISION OF ENGINEERING HMB Professional Engineers, Inc., Benevenuti & Butler, PLLC, K18-122; Witt Stantec Consulting Services, Inc., 0700004075; H. W. Lochner Consulting, Inc., Kieffer, K18-123; King & Schickli, PLLC, K18- 0800007671; URS Energy & Construction, 0700006607; GRW Engineers, Inc., 0800007043; 124; Software Technology Group, Inc., K18-125; Inc., 1300001891; Architectural Investment, Lochner H. W. Consulting, Inc., 0800009842; Cook Ross, Inc., K18-126; Marshall Emergency 1400000003; Stantec Consulting Services, Community Transportation Solutions, Services, K18-127; Commonwealth Anesthesia, Inc., 1400000625; Clotfelter Samokar, PSC, 0900012152; HMB Professional Engineers, Inc., PSC, K18-128. 1500000669; Stengel Hill Architecture, Inc., 0900012535; HMB Professional Engineers, Inc., UNIVERSITY OF LOUISVILLE 1500001000; Ross Tarrant Architects, Inc., 1000000851; Palmer Engineering Company, Underscore Branding, LLC, 17-100; Ologie, 1500001017; Stantec Consulting Services, 1100001196; HMB Professional Engineers, LLC, 18-015; Videobred, 18-016; Birdsall, Voss Inc., 1600001022; Clotfelter Samokar, PSC, Inc., 1100002335; HDR Engineering, Inc., & Associates, Inc. d/b/a BVK, 18-017. 1700001117; Greg Best Consulting, Inc., 1100002338; EA Partners, PLC, 1200000447; VETERANS AFFAIRS, DEPARTMENT OF 1700001729. Cultural Resource Analysts, Inc., 1200003583; Sturgill, Turner, Barker & Moloney, PLLC, HIGHER EDUCATION ASSISTANCE J M Crawford & Associates, Inc., 1300000071; 1700002210. AUTHORITY, KENTUCKY HMB Professional Engineers, Inc., 1300000186; WESTERN KENTUCKY UNIVERSITY Mountjoy Chilton Medley, LLP, 1600003999; HMB Professional Engineers, Inc., 1300000190; JMH Consulting, 171804; Stokes Production Actuarial Resources Corporation, 1600004004; Strand Associates, Inc., 1300000205; HDR Services, Inc., 171807; Sodexo Management, Callan Associates, Inc., 1600004008; Cranfill, Engineering, Inc., 1300001736; CDP Engineers, Inc., 171808. Sumner & Hartzog, LLP, 1700000814. Inc., 1300002002; Burgess and Niple, Inc., WORKERS CLAIMS, DEPARTMENT OF JUVENILE JUSTICE, DEPARTMENT OF 1300002065; EA Partners, PLC, 1300002466; Blue & County, LLC, 1700002711. Center for Children’s Law and Policy, Inc., HMB Professional Engineers, Inc., 1300002470; WORKER’S COMPENSATION FUNDING 1700001140. URS Corporation, 1400000710; ICA COMMISSION KENTUCKY COMMUNITY & Engineering, Inc. f/k/a Florence & Hutcheson, Blue & County, LLC, 1700002712; Actuarial TECHNICAL COLLEGE SYSTEM Inc., 1400000810; Cultural Resource Analysts, and Technical Solutions, Inc., 1700002713. Jobs for the Future, 670. Inc., 1500000058; HMB Professional Engineers, THE FOLLOWING PERSONAL SERVICE MILITARY AFFAIRS, DEPARTMENT OF Inc., 1500000216; HDR Engineering, Inc., AMENDMENTS WERE REVIEWED Dr. Abdul Kader Dahhan, MD PSC, 1500000224; HMB Professional Engineers, Inc., WITHOUT OBJECTION: 1600001965; Mark E. Demuth, 1600002072; 1500000232; Strand Associates, Inc., 1500000240; ADMINISTRATIVE OFFICE OF THE Otis Edward Bailey, 1600002190; Eric F. Gray, Stantec Consulting Services, Inc., 1500000298; COURTS 1600002201; Joe W. Warren, 1600002203. Palmer Engineering County, 1500001636; HMB Transitions, Inc., 1600001043; Stites MOREHEAD STATE UNIVERSITY Professional Engineers, Inc., 1500002143; URS and Harbison, 1600002387; Tad Thomas, Michael D. Toland, 17-038; DesignWorks, Corporation, 1500002149; QK4, 1500002151;

48 2017 Interim LEGISLATIVE RECORD Palmer Engineering, 1500002566; Strand DEPARTMENT FOR BEHAVIORAL OF THE SECRETARY Associates, Inc., 1600000440; Stantec Consulting HEALTH, DEVELOPMENTAL AND Kentucky Science & Technology Services, Inc., 1600000478; URS Corporation, INTELLECTUAL DISABILITIES Corporation, 1700002710. 1600000491; CDP Engineers, Inc., 1600000584; Four Rivers Behavioral Health, 1700001521; EDUCATION PROFESSIONAL Michael Baker International, Inc., 1600000799; Pennyroyal Mental Health Mental Retardation STANDARDS BOARD CDP Engineers, Inc., 1600000982; E. Clark Board, 1700001522; Green River Regional Mental Lee County Board of Education, Toleman Mai, 1600002167; Burgess and Niple, Health Mental Retardation Board, 1700001523; 1700001879; Spencer County Board of Inc., 1700000177; Michael Baker International, Lifeskills, Inc., 1700001524; Communicare, Education, 1700001889; Floyd County Board of Inc., 1700000260; ICA Engineering, C-01063751- Inc., 1700001525; Centerstone of Kentucky, Education, 1700001938; Oldham County Board 3. Inc., 1700001526; Northern Kentucky Regional of Education, 1700001941. UNIVERSITY OF KENTUCKY Mental Health Mental Retardation Board, EDUCATION, DEPARTMENT OF Herald & Herald Law Office, 028; Impressions 1700001527; Comprehend, Inc., 1700001528; Clark County Board of Education, Marketing and Events, Inc., 8800002595; Moody Pathways, Inc., 1700001529; Mountain Comp 1700001402; Covington Independent Board of Nolan, A141080; GBBN, A151240; De Leon & Care Center, 1700001530; Kentucky River Education, 1700001403; Elliott County Board of Primmer, A161140; GHD Services, Inc., K17- Community Care, 1700001531; Cumberland Education, 1700001404; Larue County Board of 187; Shield Environmental Associates, Inc., K17- River Behavioral Health, Inc., 1700001532; Lake Education, 1700001405; Newport Independent 226. Cumberland Mental Health Mental Retardation School District, 1700001406; Martin County UNIVERSITY OF LOUISVILLE Board, 1700001533; Bluegrass.Org, 1700001534; Board of Education, 1700001407; Bullitt County Brailsford & Dunlavey, Inc., 17-072; Walker Eastern Kentucky University, 1700001624; Board of Education, 1700001408; Grayson Parking Consultants, Inc., 17-082. Eastern Kentucky University, 1700001718; County Board of Education, 1700001409; Harlan VETERANS AFFAIRS, DEPARTMENT OF University of Kentucky Research Foundation, County Board of Education, 1700001410; Scott Med Care Pharmacy, LLC, 1700000142. 1700002350; University of Kentucky Research County Board of Education, 1700001411; THE FOLLOWING MEMORANDA Foundation, 1700002738; Kentucky River Marshall County Board of Education, OF AGREEMENTS WERE REVIEWED Community Care, 1700002811; University of 1700001412; Jefferson County Board of WITHOUT OBJECTION: Kentucky, 1700002838; University of Kentucky Education, 1700001413; Logan County Board of ADMINISTRATIVE OFFICE OF THE Research Foundation, 1700002889. Education, 1700001414; Owensboro COURTS DEPARTMENT FOR COMMUNITY Independent School District, 1700001415; Bluegrass Prevention Center, 1700002922; BASED SERVICES Pulaski County Board of Education, 1700001470; Centerstone of Kentucky, Inc., 1700002924; Comprehend, Inc., 1700002442; Pathways, Fayette County Board of Education, 1700001471; Cumberland River Behavioral Health, Inc., Inc., 1700002510; Multi, 1700002530; Kentucky Whitley County Board of Education, 1700001472; 1700002928; Four Rivers Behavioral Health, Housing Corporation, 1700002733; Community Madison County Board of Education, 1700002931; Kentucky River Community Action Kentucky, Inc., 1700002734; Eastern 1700001473; Bell County Board of Education, Care, Inc., 1700002933; Lifeskills Corporation, Kentucky University, 1700002784. 1700001589; Fleming County Board of 1700002935; Mountain Comp Care Center, DEPARTMENT FOR ENVIRONMENTAL Education, 1700001591; Kentucky Educational 1700002939; Pennyroyal Mental Health, PROTECTION Development Corporation, 1700001594; 1700002943; River Valley Behavioral Health, UK Research Foundation, 1700001542; Jefferson County Board of Education, 1700002945; Transitions, Inc., 1700002946. US Department of Interior Geological Survey, 1700001604; Shelby County Board of Education, CORRECTIONS, DEPARTMENT OF 1700002085; Community Action Kentucky, Inc., 1700001608; Kentucky Educational Development Boyle County Detention Center, 1700001343; 1700002273. Corporation, 1700001620; Jefferson County Bullitt County Jailer, 1700001345; Mason County DEPARTMENT FOR FAMILY RESOURCE Board of Education, 1700001623; Jefferson Detention Center, 1700001358; Powell County CENTERS & VOLUNTEER SERVICES County Board of Education, 1700001627; Fiscal Court, 1700001455; Chrysalis House, Inc., Multi, 1700001799; Multi, 1700001806; Jefferson County Board of Education, 1700002763. Jefferson County Board of Education,1700001633; Hardin County Board of Education, CRIMINAL JUSTICE TRAINING, 1700001808; Multi, 1700001809; Multi, 1700001636; Campbellsville Independent Board DEPARTMENT OF 1700001812; Multi, 1700001818; Multi, of Education, 1700001637; Campbell County University of Louisville, 1700001266. 1700001826; Multi, 1700001827; Multi, Board of Education, 1700001641; Kentucky DEPARTMENT FOR AGING & 1700001828; Multi, 1700001829; Northern Educational Development Corporation, INDEPENDENT LIVING Kentucky Cooperative for Educational Services, 1700001644; Jefferson County Board of Bluegrass.Org, 1700002619; Center for Inc., 1700001836. Education, 1700001653; Jefferson County Board Accessible Living, 1700002620; Center for DEPARTMENT FOR PUBLIC HEALTH of Education, 1700001657; Jefferson County Accessible Living, 1700002621; Green River KPHI, Inc., 1700002507. Board of Education, 1700001660; Marion Area Development District, 1700002622; DEPARTMENT OF ENERGY County Board of Education, 1700001661; Multi, 1700002623; Multi, 1700002624; DEVELOPMENT AND INDEPENDENCE Jefferson County Board of Education, Multi, 1700002625; Multi, 1700002626; University of Louisville Research 1700001663; Jefferson County Board of Multi, 1700002627; Multi, 1700002628; Foundation, 1700002151; National Energy Education, 1700001664; Kentucky Valley Multi, 1700002629; Multi, 1700002630; Multi, Education Development Proj ect, 1700002433; Education, 1700001667; Menifee County Board 1700002631; Multi, 1700002635; New Vista Cedar West, Inc., 1700002434; Cedar, Inc., of Education, 1700001685; CHS Department for Behavioral Healthcare, Inc., 1700002637; NKCES, 1700002435. Public Health, 1700001716; Letcher County 1700002638; Nursing Home Ombudsman DEPARTMENT OF REVENUE Board of Education, 1700001731; Boone County Agency of the Bluegrass, Inc., 1700002639; Multistate Tax Commission, 1700002436. Board of Education, 1700001736; Frankfort United Way of the Bluegrass, 1700002641. ECONOMIC DEVELOPMENT - OFFICE Independent Board of Education, 1700001746; THE KENTUCKY GENERAL ASSEMBLY 49 Shelby County Board of Education, 1700001750; of Education, 1700002411; Larue County Board 1700002687; Trustees of Indiana University, Shelby County Board of Education, 1700001752; of Education, 1700002412; Leslie County Board 1700002708; Eastern Kentucky University, Jefferson County Board of Education,of Education, 1700002415; Marion County 1700002715; Lincoln County Board of Education, 1700001757; Shelby County Board of Education, Board of Education, 1700002417; Martin County 1700002717; Lincoln County Board of Education, 1700001758; Shelby County Board of Education, Board of Education, 1700002418; Monroe 1700002718; University of Louisville Research 1700001761; Garrard County Board of County Board of Education, 1700002421; Foundation, 1700002720; Knox County Board of Education, 1700001762; Jefferson County Board Montgomery County Board of Education, Education, 1700002731; Estill County Board of of Education, 1700001763; Jefferson County 1700002422; Newport Independent Board of Education, 1700002732; Anderson County Board of Education, 1700001764; Wayne County Education, 1700002423; Pendleton County Board of Education, 1700002769; Jefferson Board of Education, 1700001769; Shelby County Board of Education, 1700002424; Pike County County Board of Education, 1700002772; Board of Education, 1700001771; Boyd County Board of Education, 1700002426; Spencer Jefferson County Board of Education, Board of Education, 1700001779; Jessamine County Board of Education, 1700002427; 1700002774; Newport Independent Board of County Board of Education, 1700001819; Hardin Washington County Board of Education, Education, 1700002778; Ashland Independent County Board of Education, 1700001822; 1700002428; Wayne County Board of Education, School District, 1700002785; Berea Independent Northern Kentucky Cooperative for Educational 1700002429; Wolfe County Board of Education, Board of Education, 1700002786; Calloway Services, Inc., 1700001824; University of 1700002430; Anderson County Board of County Board of Education, 1700002788; Louisville Research Foundation, 1700001845; Education, 1700002497; Boone County Board of Simpson County Board of Education, Bethune Institute, 1700002006; Boys and Girls Education, 1700002498; Bourbon County Board 1700002789; Robertson County Board of Club, Inc., 1700002011; Boys & Girls Club of of Education, 1700002499; Breathitt County Education, 1700002792; KCTCS, 1700002834; Greater Cincinnati, 1700002012; Carroll County Board of Education, 1700002500; Calloway Pulaski County Board of Education, 1700002839; Board of Education, 1700002018; Fulton County Board of Education, 1700002502; Nelson County Board of Education, 1700002850; Independent Board of Education, 1700002037; Covington Independent Board of Education, Eastern Kentucky University, 1700002891. Garrard County Board of Education, 1700002503; Grayson County Board of INFRASTRUCTURE AUTHORITY 1700002038; Grayson County Board of Education, 1700002506; Harrison County Board Mountain Water District, 1700001956. Education, 1700002040; Jackson Independent of Education, 1700002508; Henry County Board JUSTICE CABINET Board of Education, 1700002049; Lighthouse of Education, 1700002509; Jackson County Project Unite, 1700002783. Promise, Inc., 1700002053; Lotts Creek Board of Education, 1700002511; Knott County JUVENILE JUSTICE, DEPARTMENT OF Community School, 1700002056; Mayfield Board of Education, 1700002512; Letcher Kentucky Department of Education, Independent Board of Education, 1700002058; County Board of Education, 1700002513; 1700002203. Pleasant Green Baptist Church, 1700002070; Lincoln County Board of Education, 1700002515; KENTUCKY RIVER AUTHORITY Race for Education, 1700002071; Wolfe County Boyd County Board of Education, 1700002521; Bluegrass Water Supply Commission, Board of Education, 1700002083; YMCA of McCracken County Board of Education, 1700002443. Greater Cincinnati, 1700002084; The Center for 1700002527; Warren County Board of Education, MILITARY AFFAIRS, DEPARTMENT OF Education Leadership, 1700002114; Lexington 1700002528; Woodford County Board of University of Kentucky Research Foundation, Hearing and Speech Center, 1700002116; Save Education, 1700002529; Franklin County Board 1700001373. the Children, 1700002121; Heuser Hearing & of Education, 1700002532; Harlan County Board OFFICE OF THE GOVERNOR, Language Academy, Inc., 1700002125; Northern of Education, 1700002533; Hart County Board DEPARTMENT FOR LOCAL GOVERNMENT Kentucky University, 1700002130; Northern of Education, 1700002534; Meade County Board City of Whitesburg, 1700002526; Knott Kentucky University, 1700002131; Eastern of Education, 1700002535; Nelson County Board County Fiscal Court, 1700002799; Perry County Kentucky University, 1700002145; Northern of Education, 1700002536; Scott County Board Fiscal Court, 1700002817; LFUCG, 1700002929. Kentucky University, 1700002168; Murray State of Education, 1700002537; Daviess County PERSONNEL-OFFICE OF THE University, 1700002201; University of Kentucky Board of Education, 1700002538; Logan County SECRETARY Research Foundation, 1700002204; Murray State Board of Education, 1700002539; Owensboro University of Kentucky, 1700002518. University, 1700002218; Kentucky School Boards Independent Board of Education, 1700002540; POST SECONDARY EDUCATION, Association Educational Foundation, Inc., Carter County Board of Education, 1700002541; COUNCIL ON 1700002228; Visually Impaired, 1700002231; Christian County Board of Education, Southern Regional Education Board, Eastern Kentucky University, 1700002232; VSA 1700002542; Kenton County Board of Education, 1700000929. Arts of Kentucky, 1700002248; University of 1700002545; Knox County Board of Education, WESTERN KENTUCKY UNIVERSITY Kentucky Research Foundation, 1700002264; 1700002546; Marshall County Board of KHEAA - KHEAA Verify and KHEAA Eastern Kentucky University, 1700002269; Education, 1700002547; Shelby County Board of Cohort Default Management, 2018-003. Northern Kentucky University, 1700002284; Education, 1700002548; Whitley County Board WORKFORCE INVESTMENT, OFFICE OF University of Kentucky Research Foundation, of Education, 1700002549; Barren County Board UK Research Foundation, 1700001835; UK 1700002295; KET Foundation, 1700002301; of Education, 1700002551; Clay County Board of Research Foundation, 1700001902; UK Research Eastern Kentucky University, 1700002398; Education, 1700002552; Bullitt County Board of Foundation, 1700001997. Kentucky Center for the Arts, 1700002400; Education, 1700002567; Madison County Board THE FOLLOWING MEMORANDA Ashland Independent School District, of Education, 1700002574; Jefferson County OF AGREEMENT AMENDMENTS WERE 1700002405; Bowling Green Independent, Board of Education, 1700002581; Fayette County REVIEWED WITHOUT OBJECTION: 1700002406; Campbell County Board of Board of Education, 1700002588; Eastern AGRICULTURE, DEPARTMENT OF Education, 1700002407; Clark County Board of Kentucky University, 1700002598; Anderson Multi, 1700001659; Multi, 1700001857; Education, 1700002408; Elliott County Board of County Board of Education, 1700002664; Multi, 1700001857. Education, 1700002410; Johnson County Board University of Kentucky Research Foundation, COMMISSION FOR CHILDREN WITH

50 2017 Interim LEGISLATIVE RECORD SPECIAL HEALTH CARE NEEDS DEPARTMENT FOR ENVIRONMENTAL Bethune Institute, 1600003005; Grayson County Pike County Health Department, PROTECTION Board of Education, 1600003077; Pendleton 1600002020; Patient Services, Inc., 1600002039; Kentucky Waterways Alliance, Inc., County Board of Education, 1700000285; University of Kentucky Research Foundation, 1500000366; Kentucky Waterways Alliance, Inc., Washington County Board of Education, 1600002094; University of Louisville Physicians, 1600000852. 1700000288; University of Kentucky Research Inc., 1600002099. DEPARTMENT FOR FAMILY RESOURCE Foundation, 1700000612; Fayette County Board DEPARTMENT FOR AGING & CENTERS & VOLUNTEER SERVICES of Education, 1700001035; Corbin Independent INDEPENDENT LIVING Kentucky YMCA Youth Associates, Board of Education, 1700001631; Pulaski County Multi, 1600001202; Multi, 1600001203; 1600003232; Community Action Kentucky, Inc., Board of Education, 1700001656. Multi, 1600001204; Multi, 1600001208; Multi, 1700000745. MEDICAID SERVICES BENEFITS, 1600001210; Multi, 1600001213; United Way of DEPARTMENT FOR MEDICAID DEPARTMENT FOR the Bluegrass, 1600002314. SERVICES Kentucky Transportation Cabinet, DEPARTMENT FOR BEHAVIORAL University of Kentucky Research 1600000317; University of Kentucky Research HEALTH, DEVELOPMENTAL AND Foundation, 1600000805; Cabinet for Workforce Foundation, 1600002271. INTELLECTUAL DISABILITIES Development, 1700001178; University of OFFICE OF INSPECTOR GENERAL Multi, 1600000303; University of Kentucky, Massachusetts, Worchester, 1700001785. Office of Employment and Training, 1600001657; Bluegrass Regional Mental Health DEPARTMENT FOR PUBLIC HEALTH 1600002542. Mental Retardation, 1600001661; Pennyroyal University of Kentucky Research Foundation, OFFICE OF THE GOVERNOR, Regional Mental Health Mental Retardation 1600001907; KPHI, Inc., 1600002008; American DEPARTMENT FOR LOCAL GOVERNMENT Board, 1600001712; Kentucky Partnership for Cancer Society, 1600002026; Ashland Hospital Lincoln County Fiscal Court, 1400002925. Families and Children, Inc., 1600001718; St. Corporation d/b/a Kings Daughter Medical OFFICE OF THE KENTUCKY HEALTH Elizabeth Medical Center North, 1600001727; Center, 1600002027; Kentucky Cancerlink, BENEFIT EXCHANGE Hazelden Betty Ford Foundation, 1600001732; Inc., 1600002028; Baptist Health Madisonville, Kentucky Health Departments Association, University of Kentucky Research Foundation, Inc., 1600002029; University of Kentucky Inc., 1600003584; Multi, 1700000740. 1600001735; Pennyroyal Mental Health, Research Foundation, 1600002031; Saint Joseph WORKFORCE INVESTMENT, OFFICE OF 1600003698; Volunteers of America of Kentucky, Berea Hospital Foundation, Inc., 1600002033; Eastern Kentucky University, 1600002238; Inc., 1700000515; St. Elizabeth Medical Center, University of Kentucky Research Foundation, UK Research Foundation, 1600002253; UK 1700000518; Communicare, Inc., 1700000519; 1600002149; Wendell Fosters Campus, Research Foundation, 1600003762; Options Arc of Kentucky, Inc., 1700001203. 1600002150; Eastern Kentucky University, Unlimited, Inc., 1600004037; Downs Syndrome DEPARTMENT FOR COMMUNITY 1600002170; Multi, 1600002222; University of of Louisville, 1600004038; Center for BASED SERVICES Kentucky Research Foundation, 1600002280; Accessible Living, 1700000230; Bluegrass Area Multi, 1600001161; Bluegrass.Org, Heartland Cares, Inc., 1600002284; Lincoln Trail Development District, 1700000412; Bluegrass 1600001163; Centerstone of Kentucky, Area Development District, 1600002297; Health Area Development District, 1700000414. Inc., 1600001164; Seven Counties Services, Kentucky, 1600002298; Healthcare Education THE FOLLOWING FILM TAX 1600001165; Prevent Child Abuse Kentucky, and Registration Training, 1600002299; INCENTIVES WERE REVIEWED WITHOUT 1600001309; Community Action of Southern Kentucky Department of Education School OBJECTION: Kentucky, Inc., 1600001312; Family and Nurse Program, 1600002504; Cancer Suvivors TOURISM DEVELOPMENT CABINET Children First, 1600001313; Family and Children Against Radon, Inc., 1600002549; YMCA of Kelly’s Filmworks Limited, 1700002745; First, 1600001314; Kentucky Association of Central Kentucky, 1600003052-1; University of OrganicMediaProductions1, LLC, 1700002754; Sexual Assault Programs, 1600001348; Multi, Kentucky Research Foundation, 1600003207; The Haunted Doll Company, LLC, 1700002758; 1600001461; Housing Authority of Bowling University of Kentucky Research Foundation, Fly Girls, LLC, 1700002771; The Haunted Doll Green, 1600001914; Northern Kentucky 1600003211-1; University of Kentucky Research Company, LLC, 1700002798; The Haunted Area Development District, 1600001915; Foundation, 1600003689; Office of Vocational Doll Company, LLC, 1700002800; Cribs, LLC, Kentuckianaworks, 1600001918-1; Brighton Rehabilitation, 1700000415. 1700002897. Center, Inc., 1600001919; Multi, 1600001934; DEPARTMENT OF HOUSING, THE FOLLOWING FILM TAX Kentucky River Community Care, 1600001990; BUILDING, AND CONSTRUCTION INCENTIVE AMENDMENTS WERE Northern Kentucky Regional Mental Health Eastern Kentucky University, 1700002002. REVIEWED WITHOUT OBJECTION: Mental Retardation Board, 1600001991; EARLY CHILDHOOD ADVISORY TOURISM DEVELOPMENT CABINET Seven Counties Services, 1600001994; COUNCIL American Made Heroes, LLC, 1700001561. Community Action Lexington-Fayette, Eastern Kentucky University, 1600002551. THE FOLLOWING PERSONAL SERVICE 1600002000; Kentucky Housing Corporation, EDUCATION, DEPARTMENT OF CONTRACTS WERE SELECTED FOR 1600002001; University of Kentucky Research University of Kentucky Research Foundation, FURTHER REVIEW: Foundation, 1600002003; Kentucky State Police 1600002749; Barren County Board of Education, DEPARTMENT FOR AGING & Headquarters, 1600002117; Consortium for 1600002829; Mayfield Independent Board of INDEPENDENT LIVING Children, 1600002296; Seven Counties Services, Education, 1600002851; Save the Children Center for Comprehensive Services, Inc., Inc., 1600002475; Multi, 1600002561; Bluegrass. Appalachian Field Office, 1600002869; Garrard 1700002636; Neurobehavioral Resources, Ltd., Org, 1600002629; Kentucky Coalition Against County Board of Education, 1600002875; Lotts 1700002640. Tonia Wells and Lindsay Jackson Domestic Violence, Inc., 1600002762; Seattle Jobs Creek Community School, 1600002876; Leslie discussed the contracts with the committee. Initiative, 1700000604; Owl d/b/a Opportunity County Board of Education, 1600002903; A motion was made by Representative St. for Work and Learning, 1700000605; Department Pleasant Green Baptist Church, 1600002915; Onge to consider the contracts as reviewed. of Education, 1700000731. YMCA of Greater Cincinnati, 1600002919; Representative Horlander seconded the motion, THE KENTUCKY GENERAL ASSEMBLY 51 which passed. A motion was made by Representative Lee to DEPARTMENT FOR BEHAVIORAL DEPARTMENT FOR BEHAVIORAL consider the contracts as reviewed. Senator HEALTH, DEVELOPMENTAL AND HEALTH, DEVELOPMENTAL AND Hornback seconded the motion, which passed. INTELLECTUAL DISABILITIES INTELLECTUAL DISABILITIES THE FOLLOWING PERSONAL SERVICE Young People In Recovery, 1700001205. AMS Temporaries, Inc., 1700001511; AMENDMENTS WERE SELECTED FOR Lindsay Jackson, Stephanie Craycraft, and Crown Services, Inc., 1700001512; Guardian FURTHER REVIEW: Tina Robbins discussed the contract with Angel Staffing Agency, 1700001513; Guardian UNIVERSITY OF KENTUCKY the committee. A motion was made by Healthcare Providers, 1700001514; M. S. M. Huron Consulting Services, LLC, K17-105. Representative Lee to consider the contracts as Solutions, 1700001515; NKY Med Clinic, Bart Hardin, Barry Swanson, and Craig Collins, reviewed. Senator Raque Adams seconded the 1700002714. Stephanie Craycraft, Lindsay discussed the contract with the committee. A motion, which passed. Jackson, and Kathy Burke discussed the contracts motion was made by Representative Horlander to DEPARTMENT FOR MEDICAID with the committee. A motion was made by consider the contract as reviewed. Representative SERVICES Senator Hornback to consider the contracts as Lee seconded the motion, which passed. Multi, 1600000145; Kentucky Transportation reviewed. Senator Raque Adams seconded the UNIVERSITY OF LOUISVILLE Cabinet, 1600000316; University of Kentucky motion, which passed. McCarthy Strategic Solutions, 17-030, Research Foundation, 1600001103; University DEPARTMENT FOR INCOME SUPPORT Shannon Rickett discussed the contract with of Kentucky Research Foundation, 1600002270; Multi, 1700001971; Multi, 1700001972; the committee. A motion was made by Senator University of Kentucky Research Foundation, Multi, 1700001973; Multi, 1700001974; Multi, Hornback to consider the contract as reviewed. 1600002272; University of Louisville Research 1700001975; Jefferson County Attorney,Representative Horlander seconded the motion, Foundation, 1600003893. Earl Gresham, Lee 1700001976; Multi, 1700001977; Multi, which passed. Guise, Lindsay Jackson, and Jill Hunter discussed 1700001978; Multi, 1700001979; Multi, UNIVERSITY OF LOUISVILLE the contracts with the committee. A motion was 1700001980. Steve Veno and Lindsay Jackson Alvarez & Marsal Disputes and made by Representative Lee to consider the discussed the contracts with the committee. Investigations, LLC, 17-066. Shannon Rickett contracts as reviewed. Representative Fugate A motion was made by Senator Raque and Craig Dilger discussed the contract with seconded the motion, which passed. Adams to consider the contracts as reviewed. the committee. A motion was made by Senator THE FOLLOWING MEMORANDA OF Representative Horlander seconded the motion, Hornback to consider the contract as reviewed. AGREEMENTS FOR $50K AND UNDER which passed. Representative Horlander seconded the motion, WERE SELECTED FOR FURTHER REVIEW: DEPARTMENT FOR PUBLIC HEALTH which passed. EARLY CHILDHOOD ADVISORY Multi, 1700001945; Multi, 1700002108; THE FOLLOWING MEMORANDA OF COUNCIL Multi, 1700002138; Multi, 1700002194; Multi, AGREEMENTS WERE SELECTED FOR Northern Kentucky Community Action, 1700002403; Multi, 1700002723. Lindsay FURTHER REVIEW: 1700002300; Covington Partners, Inc., Jackson, Mike Tuggle, and Joy Hoskins discussed DEPARTMENT FOR MEDICAID 1700002302; Northern Kentucky Community the contracts with the committee. A motion was SERVICES Action, 1700002303. Linda Hampton and made by Representative St. Onge to consider the University of Kentucky Research Katie Morris discussed the contracts with the contracts as reviewed. Representative Fugate Foundation, 1700001786; Cabinet for committee. A motion was made by Senator seconded the motion, which passed. Workforce Development, 1700001840; Justice Raque Adams to consider the contracts as JUVENILE JUSTICE, DEPARTMENT OF Cabinet, 1700001842; Cabinet for Workforce reviewed. Representative Fugate seconded the Abel Screening, Inc., 1700001860. Carey Development, 1700002896. Earl Gresham, motion, which passed. Cockerell and Jason Reynolds discussed the Lee Guise, Lindsay Jackson, Deck Decker, and There being no further business, the meeting contract with the committee. A motion was Kristi Putnam discussed the contracts with the adjourned at 12:18 P.M. made by Representative Fugate to consider the committee. A motion was made by Senator Raque contract as reviewed. Representative Horlander Adams to consider the contracts as reviewed. seconded the motion, which passed. Senator Hornback seconded the motion, which LEGISLATIVE RESEARCH COMMISSION passed. Dr. James Pellegrino, 17/17-24; Daniel UNIVERSITY OF KENTUCKY Koretz, 17/18-08; Phoebe Winter, 17/18-20; Dr. St. Claire Regional Medical Center, 001-18, Marianne Perie, 17/18-22. David Byerman and Bart Hardin, Barry Swanson, and Craig Collins Joshua Collins discussed the contracts with the discussed the contract with the committee. committee. A motion was made by Representative A motion was made by Representative Lee to Horlander to consider the contracts as reviewed. consider the contract as reviewed. Representative Representative St. Onge seconded the motion, St. Onge seconded the motion, which passed. which passed. UNIVERSITY OF KENTUCKY MOREHEAD STATE UNIVERSITY Morehead State University, 002-18. Bart MML&K Government Solutions, 18-008. Hardin, Barry Swanson, and Craig Collins Jane Fitzpatrick discussed the contract with the discussed the contract with the committee. A committee. A motion was made by Representative motion was made by Senator Wise to consider Lee to consider the contract as reviewed. Senator the contract as reviewed. Representative Lee Hornback seconded the motion, which passed. seconded the motion, which passed. MURRAY STATE UNIVERSITY THE FOLLOWING MEMORANDA Capitol Solutions, 010-18. Jordan Smith OF AGREEMENT AMENDMENTS WERE discussed the contract with the committee. SELECTED FOR FURTHER REVIEW:

52 2017 Interim LEGISLATIVE RECORD Beer, LRC Publications from page 3 Research Reports hard and put forth great efforts.” Guild Vice President Daniel Harrison, who is also a partner in Country Boy Brewing, said 434 Office of Education Accountability Kentucky District Data Pro- the support of the committee has been vital to the industry’s growth. files School Year 2016 “Your support with the legislative changes 433 Program Review and Investigations Number, Cost, And Policies over the past two years has allowed many brew- ers to expand production, get more products in Related To Non-Merit Employees the market, hire more people,” he said. Watson said Kentuckian’s thirst for craft 432 Program Review and Investigations Assessment Of Farmland brews isn’t close to being quenched. “As Mark Twain famously stated, ‘Everything For Property Taxation In Kentucky (2016) in Kentucky happens 10 years later,’” he said. “Kentucky still ranks 46 in terms of breweries 431 Program Review and Investigations Cost And Policy Consider- per capita. Ohio has 179 breweries, and they are only 26th in terms of breweries per capita. ations For State-Mandated Local Public Notices “Look at thriving beer scenes like Portland, 430 Program Review and Investigations State Inmates Housed In Org., or Ashville, N.C. You will see how enor- mously far we are from saturation. We are just County Jails In Kentucky (Revised 5/24/17) now getting started and keeping that pedal down to maintain and capture our potential is 429 Office of Education Accountability Overview Of Achievement pi v ot a l .” Sen. John Schickel, R-Union, said Kentucky Gaps In Kentucky Schools microbrewers are an example of how to work with the General Assembly. 428 Program Review and Investigations State Funding Of The Blue- “If there is one industry since I’ve been chairman of this committee that has been a joy grass Water Supply Commission to work with, it has been the microbrew indus- 427 Office of Education Accountability A Review Of The Safe try,” he said. Watson said the guild hasn’t finalized its leg- Schools Program islative agenda for the 2018 General Assembly but that it will likely focus on making Kentucky 426 Program Review and Investigations Medical Care for Kentucky a friendlier business environment in the high- ly-regulated world of beer. He said the guild Inmates In Community Medical Facilities: Feasibility And Savings Are would like to align Prohibition-era statutory provisions with modern business practices, re- Uncertain duce red tape and make Kentucky craft brewers competitively on a national stage. 425 Office of Education Accountability Special Education Update “The guild will have legislative requests this 2016 session, but our expansion from five members to 53 active licenses has made the vetting pro- 424 Office of Education Accountability Kentucky District Data Pro- cess a little bit more challenging for us,” Watson said. “We must continue to meet the needs of an files School Year 2015 increasingly diverse set of members, each mak- ing a difference with their own personalities and 423 Program Review and Investigations Kentucky’s Community business models.” Mental Health System Is Expanding And Would Benefit From Better Planning And Reporting: An Update 422 Program Review and Investigations Kentucky Child Fatality And Near Fatality External Review Panel

THE KENTUCKY GENERAL ASSEMBLY 53 Scott Oldham 17 Bourbon 26 27

Shelby 23 36 28 33 19 Woodford 11 13 Campbell 7 22 35 20 Boone Kenton

37 12 Clark 24 14 17 38 34 10 Spencer Jessamine 7

Bullitt Gallatin Hardin Madison Grant Pendleton

Jefferson Co. Detail Fayette Co. Detail Northern KY Detail

23 Boone KentonCampbell 11

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

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54 2017 Interim LEGISLATIVE RECORD Scott 59 Oldham

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

Jefferson Co. Detail Fayette Co. Detail Northern KY Detail

Boone KentonCampbell

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

Produced by the Legislative Research Commission Geographic Information Systems Office, Room 26 Capitol Annex, Frankfort, KY, 40601, 502-564-8100, [email protected]

THE KENTUCKY GENERAL ASSEMBLY 55 2017 Interim David A. Byerman, Robert Stivers Jeff Hoover LEGISLATIVE Director SENATE PRESIDENT HOUSE SPEAKER RECORD Legislative Research David Osborne Commission David P. Givens PRESIDENT PRO TEM SPEAKER PRO TEM Published monthly by Damon Thayer Jonathan Shell Robert Jenkins the Legislative Research Majority FLOOR LEADER MAJORITY FLOOR LEADER Deputy Director for Commission, the Interim Ray S. Jones II Rocky Adkins RECORD is designed to in- Committee and Staff Coordination MINORITY FLOOR LEADER MINORITY FLOOR LEADER form the citizens of Kentucky of the between-sessions work Dan “Malano” Seum David Meade Rob Weber MAJORITY CAUCUS CHAIrMAN MAJORITY CAUCUS CHAIRMAN of the General Assembly. Public Information Officer Dorsey Ridley Dennis Keene Paper subscriptions are MINORITY CAUCUS CHAIRMAN MINORITY CAUCUS CHAIRMAN free upon request. Contact the Joe Cox Jimmy Higdon Kevin D. Bratcher LRC Public Information Office, Publications and Printing Officer MAJORITY WHIP MAJORITY WHIP Capitol Annex, Frankfort KY, Julian M. Carroll Wilson Stone 40601 at 502-564-8100, ext. Rebecca Mullins MINORITY WHIP MINORITY WHIP 307 to subscribe. Hanchett Editor, Typography and The Kentucky Legislative Research Commission is a 16-member committee of the majority and minority leadership of The Interim RECORD can Design the Kentucky Senate and House of Representatives. Under Chapter 7 of the Kentucky Revised Statutes, the LRC constitutes also be read online at www. the administrative office for the General Assembly. Its director serves as chief administrative officer of the Legislature when lrc.ky.gov/legislation.htm. If Public Information Staff: it isn’t in session. you have a paper subscription Stephanie Newberg and would like to end your Jeff Fossett The Commission and its staff, by law and by practice, perform numerous fact-finding and service functions for members Steve Gatewood of the Legislature, employing professional, clerical and other employees required when the General Assembly is in session subscription and read the and during the interim period between sessions. These employees, in turn, assist committees and individual legislators Interim RECORD online only, Bruce Phillips Bud Kraft in preparing legislation. Other services include conducting studies and investigations, organizing and staffing committee please contact the LRC Public meetings and public hearings, maintaining official legislative records and other reference materials, providing information Information Office at 502-564- Keith Krey Jim Hannah about the Legislature to the public, compiling and publishing administrative regulations, administering a legislative intern 8100, ext. 307. Stories and Susan Kennedy program, conducting orientation programs for new legislators, and publishing a daily index and summary of legislative photographs may be reprinted actions during sessions. without permission, although The LRC is also responsible for statute revision, publishing and distributing the Acts and Journals following sessions, credit is appreciated. and for maintaining furnishings, equipment and supplies for the Legislature. It also functions as Kentucky’s Commission on Interstate Cooperation in carrying out the program of the Council of State Governments as it relates to Kentucky. Printed with state funds

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